Community Rules and Bylaws
Section A – Membership
1. Each property owner in the HOA area is a member of the Association and has the right to non-exclusive use of Common Areas. Mandatory membership in the Association and the right to non-exclusive use of Common Areas automatically accompanies the transfer/sale of the property.
2. For the purposes of assessment and voting, each household counts as one membership, regardless of the number of residents of the property.
Section B – Assessments/Finances
1. Each property in the HOA is assessed $40 per month. The assessment must be paid by the property owner directly to the HOA via the homeowner’s PayHOA account. Homeowners who sign up for “auto-pay” will be given a reduced rate of $35 per month. Assessments are due the first of each month. Owners have 30 days to pay assessments from the date billed. After 30 days, a late fee of $20 will be applied and will continue to accrue each subsequent 30 day period. Owners with unpaid assessments in excess of 90 days may have a lien placed upon their property. Owners with unpaid assessments in excess of 180 days may have a foreclosure prosecuted against their property. All legal and collecting expenses will be charged to the owner’s account.
2. Special assessments for major projects or community improvements must be voted upon by a quorum of owners and must be approved by a majority vote in favor.
3. All assessed funds are held by the Association in the General Fund, and are dispersed with the sole purpose of maintaining/improving Common Areas of the property. The Board shall be responsible for maintaining an accurate annual budget, which will be presented at the Annual Meeting. Any owner may request an audit of the budget by submitting a written request to the Board via the PayHOA website.
Section C – Board of Trustees/Association Meetings
1. The Association meets annually on the 2nd Saturday in March, at 10:00am. Annual meetings must be attended by a quorum of owners, defined as 50% of the total owners including proxy votes (any owner not able to attend the annual meeting may allow another owner to vote in his or her place as a proxy; please notify the Board in writing of your proxy at least two days prior to the meeting).
2. Annual meetings must include: the Board’s presentation of the previous year’s budget, discussion and vote on any improvement projects and the upcoming fiscal year budget, and the election of a new Board by majority vote.
3. The Board of Trustees will consist of at least three owners, elected by majority vote of owners at the annual meeting. The Board is entrusted with all management decisions of the property for the duration of its tenure. The Board will maintain an accurate budget, which will be presented at the annual meeting, and may be furnished to any owner upon request. Board members are uncompensated, and may resign at any time by furnishing written notice. Board members may be removed with or without cause by majority vote of owners. Any unfilled Board seat, whether through resignation, removal, death, or other reason, will be filled by majority vote of the remaining Board members.
4. Requests for maintenance in the Common Areas can be initiated by any Owner and must go to the Board through the PayHOA website.
5. Any reporting of Owners violating these rules and regulations must be done in writing, to the Board, through the PayHOA website.
6. The Board will make all decisions regarding Common Area improvements, rules and regulations violations, and individual property improvements, by majority vote, with the best interests of the community in mind. The Board will be able to justify its decisions to Owners, and will apply these rules and regulations equally and fairly. Any decisions by the Board that can be deemed “arbitrary and capricious” in nature may be cause for removal of a Board member by a community majority vote.
Section D – Common Areas
1. The Association owns three common areas of the property: along 775 E from 1700 N to the crosswalk and including the Lewis Peak sign, in the middle of the interior loop of houses including the gravel pathway, and in the southwest corner of the neighborhood. The Board is responsible for all maintenance and improvement of Common Areas, and may designate this maintenance to third-party contractors as it sees fit and in accordance with the established annual budget.
2. All owners have an equal and indivisible share in the Common Areas.
3. All owners have equal access to the Common Areas for personal use. No owner will be permitted to obstruct access to the Common Areas; no personal property may be stored in Common Areas; any damage to Common Areas by owners or their guests will be assessed against said owner; no activity that might result in the cancellation of insurance or an increase in the rate of insurance shall be permitted in Common Areas.
4. Pets shall be permitted in Common Areas provided they are on a leash held by a person and the person maintains responsibility for cleaning up after the pet.
Section E – Individual Properties
1. Owners are responsible for all repairs and improvements to their homes and properties. All properties must be kept in a clean and sanitary condition and in a state of good repair. This includes not only the exterior of the house and the landscaping, but also the driveway and sidewalk, any street-facing patios or visible parking pads, and the park strip (the area between the sidewalk and the street). Properties that fall into disrepair will receive notice from the Board, and shall be expected to rectify any noted insufficiencies in a timely manner.
2. Lawns must be cared for at all times. In order to maintain a visually appealing community, owners must water their lawns appropriately to ensure that the lawn does not die, but avoid overwatering causing run-off into neighboring yards and/or the street (if the North Ogden City mayor declares a water shortage, this article will be suspended). Weeds and undesirable plants within lawn areas must be kept to a minimum by the owner (no more than 10% of the lawn area should be weeds). To reduce the risk of pests, lawns must be mowed regularly, with a maximum height of 6” at any point during the year (including winter). Lawns should not encroach on permanent areas, such as sidewalks, driveways, or curbs. In order to prevent this, homeowners must edge their lawns regularly. Lawns may be permitted to encroach on permanent areas a maximum of 3”.
3. No additional fences or walls, including any rear or side fences, shall be constructed between any lots without the approval of the Board. All construction, improvement, reconstruction, and repair to individual properties must comply with applicable land use planning, regulations, and common architectural design approval. Requests for review of all visible property improvements must be made to the Board in advance through the PayHOA website. New fencing must be vinyl or comparable maintenance-free material, fencing facing common areas must maintain the open-feel of the space, such as picket fencing.
4. All properties are for residential use only, no business/commercial activity is permitted.
5. No noxious odors or physically offensive activity is permitted on any property.
6. Boats, trailers, recreational vehicles, trucks, commercial vehicles, or inoperable vehicles belonging to an Owner must be parked or stored on the owner’s property and cannot be stored in any Common Areas.
7. Temporary signs are permissible, provided they are of reasonable size and professional design. No permanent signs or advertising devices shall be erected on any property.
8. Dogs, cats, and common household birds are acceptable.
9. No short-term leases or rentals of less than six months in duration are permissible.
Section F - Compliance and Penalties
Any homeowner found to be not in compliance with these rules and regulations will be notified in writing by the Board and given at least 15 days’ notice to address the issue. Any homeowner objecting to a notice of noncompliance can file a written appeal with the Board. This appeal must be submitted at least 8 days prior to the Board’s “effective date” - or the date that action will be taken. Upon receipt of the appeal, the homeowner will be granted a hearing by the Board, either in writing or in person. The homeowner will receive written notice of the Board’s decision within 48 hours of the conclusion of the appeal hearing.
When the Board finds a property in noncompliance with the above rules and regulations, the owner will then have 15 days to bring the property into compliance. If the property remains noncompliant after 15 days, the Board will assess a fee of $20. This fee will double every subsequent 15 days until the property is brought into compliance. The late fee and prosecution policy detailed in section B-1 will be applicable to fine collection as well.
If warranted, cases of noncompliance may also be forwarded to North Ogden City officials. This includes parking offenses and property code offenses.