Bent Tree Property Owners’ Association, Inc.

Rules and Regulations of Bent Tree

 

Version 1—January 9, 2005

 

[Historical document - do not use for covenant enforcement.  Version 2 was adopted 20 August 2006 and may be viewed at Rules and Regulations.]

TABLE OF CONTENTS

1.       INTRODUCTION

2.       CONTACTING THE BTPOA

3.       OUT OF BENT TREE PROPERTY OWNERS

4.       COVENANT CLARIFICATION—MULTI-FAMILIES AND BOARDERS

5.       COVENANT CLARIFICATION—BUSINESS OPERATION

6.       COVENANT CLARIFICATION—ROOFING MATERIAL

7.       COVENANT CLARIFICATION—MAIL AND NEWSPAPER BOXES

8.       COVENANT CLARIFICATION—GARAGE DOORS

9.       COVENANT CLARIFICATION—VEHICLES

10.     COVENANT CLARIFICATION—TRASH CANS

11.     COVENANT ENFORCEMENT PROCEDURES

12.     SUMMARY OF CHANGES

 

TERMS

         BTPOA                Bent Tree Property Association, Inc.  

         Board                   Board of Directors, of BTPOA

         ACC                    Architectural Control Committee

         CCC                    Covenant Compliance Committee

         Covenants            Collectively the 3 editions of Declaration of Protective Covenants

         Owner                  In context, could mean whoever is living at the property

                  

1.  INTRODUCTION (Back to Table of Contents)

         a. Bent Tree is a community comprised of 257 residential lots in northern El Paso County, Colorado.  It is defined by those properties that collectively make up the five subdivision filings, Bent Tree I, II, III, IV, and V.  Approximate boundaries are Colorado Highway 105 on the north, Roller Coaster Road on the east, Higby Road on the South and Arrowwood III subdivision on the west.

         b. The Colorado Common Interest Ownership Act grants to homeowner associations, such as the BTPOA, the power to adopt and amend “Rules and Regulations.”  Bent Tree’s Board of Directors will adopt and amend Bent Tree’s Rules and Regulations within the powers given it by the Covenants and the BTPOA’s By-Laws.  These Rules and Regulations apply to all members of the BTPOA (each lot owner is automatically a member of the association).

         c. Bent Tree has three versions of Declaration of Protective Covenants, one for Bent Tree I and II, one for Bent Tree III, and one for Bent Tree IV and V (collectively referred to as the “Covenants” throughout this document).  Principal differences pertain to architectural standards and water management.  The versions are similar in matters of property appearance, nuisance behavior, and covenant enforcement.  Copies of the Covenants and Rules and Regulations are available from the BTPOA through its mailing address and web site.

         d. With the near completion of the build-out in Bent Tree, a principal work of the BTPOA has now turned to the maintenance of Bent Tree’s quality and appearance.  These Rules and Regulations deal with covenant compliance.  The enforcement of the Covenants necessarily involves some interpretation of the Covenants and traditional levels of enforcement.  Most of Bent Tree’s covenants need no comment.  These Rules and Regulations clarify select covenants that have generated relatively more communication and enforcement activity.  This document is intended to be helpful to Bent Tree residents in understanding what is expected.  It also promotes consistent interpretation and enforcement of the Covenants throughout the years of differing volunteer Board, ACC and CCC members.  This document does not summarize or recap the complete Covenants; readers need to also have them.  Unless otherwise noted, referenced Covenants and related comments are the same for all versions of the Covenants.

 

2.  CONTACTING THE BTPOA (Back to Table of Contents)

         a. General business matters, including notice of change in owner, renter or property manager:

          Bent Tree Property Owners Association

          Board of Directors

          P.O. Box 2631

          Monument, CO 80132

b. Addition or alteration of any fixed property (for example, building, accessory building, fence, mailbox, monument, sign, lighting, driveway, sidewalk, roof, color, siding, chimney, solar collectors, antennas, landscaping):

          Bent Tree Property Owners Association

          Architectural Control Committee

          P.O. Box 2631

          Monument, CO 80132

c. Covenant compliance matters not reserved for the Architectural Control Committee:

          Bent Tree Property Owners Association

          Covenant Compliance Committee

          P.O. Box 223  

          Monument, CO 80132

d. See the back cover of the Bent Tree Family Directory or Bent Tree’s web site at www.btpoa.org for phone numbers and email addresses of current officers and volunteers working BTPOA matters.

 

3.  NON-RESIDENT BENT TREE PROPERTY OWNERS.  (Back to Table of Contents) Property owners who do not live at their Bent Tree property address are required to provide their current mailing address to the BTPOA; phone number and e-mail are encouraged.  If a Bent Tree property is rented out, the owner must advise the BTPOA of the responsible tenant(s) name(s).  The BTPOA must also be provided current contact information for any third-party property manager.  Owners are responsible for any costs, fees or assessments that the BTPOA may incur in locating the owner or enforcing Covenants on their property.  The BTPOA recommends that rental/lease contracts bind the renter(s) to covenant compliance and provide copies of the Covenants and these Rules and Regulations.  Renters may enjoy the benefits of community newsletter and directory by contacting the BTPOA.

 

4.  COVENANT CLARIFICATION—MULTI-FAMILIES AND BOARDERS (Back to Table of Contents)

     

         A. COVENANTS.   “2. BUILDING TYPE AND USE:  All tracts shall be known and described as residential tracts and shall be used only for custom-built residential homes and country estates.  No structure shall be erected, altered, converted, placed or permitted to remain on any tract other than one single-family dwelling not to exceed two and one-half (2 ½) stories in height, a private garage, and guest house or servants quarters, all in keeping with the architecture of the principal residence, provided that such are not used for any commercial purpose, and subject to approval by the Architectural Control Committee, hereinafter referred to as ACC, and the appropriate governmental building department.  No structure may be erected prior to construction of the main dwelling.  BENT TREE is intended only for custom-built homes of harmonious design to complement the natural terrain and other homes constructed in the subdivision.  No mobile homes, premanufactured homes with appearance of mobile homes or "doublewides", or domes shall be approved.” [Emphasis added]

         B. INTRODUCTION.  People could share housing; however,the property must comply with the Covenants and remain in all appearances and behaviors to neighbors and property values as a single family dwelling.

         C. PERMITTED.  Multi-generation families, singles sharing a house and unrelated occupants are permitted so long as the behaviors and appearances comply with the Covenants and the property remains in all appearances and behaviors to neighbors and property values as a single family dwelling.  For example, vehicles are garaged or screened from view, the volume of vehicles coming and going are on par with other active families, and pets and noise does not become a nuisance.

         D. PROHIBITED.  Covenant violation and any resident denying responsibility for noise, clutter, dog barking, and the like coming from the property.  The BTPOA recommends that the owner inform the guests about neighborhood rules along with the house rules.

 

5.  COVENANT CLARIFICATION—BUSINESS OPERATION (Back to Table of Contents)

         A. COVENANTS

                  “2. BUILDING TYPE AND USE:  All tracts shall be known and described as residential tracts and shall be used only for custom-built residential homes and country estates.  No structure shall be erected, altered, converted, placed or permitted to remain on any tract other than one single-family dwelling not to exceed two and one-half (2 ½) stories in height, a private garage, and guest house or servants quarters, all in keeping with the architecture of the principal residence, provided that such are not used for any commercial purpose, and subject to approval by the Architectural Control Committee, hereinafter referred to as ACC, and the appropriate governmental building department.  No structure may be erected prior to construction of the main dwelling.  BENT TREE is intended only for custom-built homes of harmonious design to complement the natural terrain and other homes constructed in the subdivision.  No mobile homes, premanufactured homes with appearance of mobile homes or "doublewides", or domes shall be approved.” [Emphasis added]

            “14 [15 in the Bent Tree IV and V Covenants] NUISANCE:  Nothing shall be done or permitted on any lot which may be or become an annoyance or nuisance to the neighborhood.  No noxious, noise polluting or otherwise offensive activities or commercial businesses or trades shall be carried on upon any tract.  Any exterior lighting on any lot shall either be indirect or of such controlled focus and intensity as not to unduly disturb residents of adjacent or nearby property.  No trailbikes, minibikes, motorcycles, all-terrain vehicles, snowmobiles, or other such noise causing vehicles shall be operated within BENT TREE other than on County roads and going to and from residences.  No activity shall be permitted which will generate a noise level sufficient to interfere with the reasonable quiet enjoyment of the persons on any adjoining or nearby lots.”

                   “16 [17 in the Bent Tree IV and V Covenants] SIGNS:  All signs displayed must be first approved in writing by Declarant or the ACC.  This covenant does not preclude the display of reasonably sized builder or real estate signs not to exceed six (6) square feet in size.  Declarant or ACC reserves the right to make exceptions to size requirements, or to require modification or removal of any signs deemed not in keeping with the area and subdivision decor; however, neither Declarant nor ACC shall require real estate signs to be smaller than provided herein, and this restriction shall run with the land and may only be changed by Declarant.  Declarant, its successors or assigns, reserves the right to erect and maintain an entrance sign on tracts at either side of the street at each entry point into BENT TREE, along with gateways, posts, walls, signs and other structures both to permanently identify BENT TREE and to market it.  In addition, declarant reserves the right to place signs on any lot in the subdivision as Declarant deems necessary for safety or traffic guidance, and purchasers of tracts in BENT TREE agree thereto.” [paragraph continues]

         B. INTRODUCTION.  The Covenants clearly rule out any property use that does not have the look and feel of a single-family residential dwelling, as would be the case with an industrial or retail operation.  At the same time, Bent Tree residents can and do operate businesses from their houses that are so discreet that nobody knows unless the resident tells them.  This clarification deals with where the BTPOA draws the line for covenant enforcement.

         C. PERMITTED.  A business operation that has no more evidence than a client or associate’s vehicle parked in the driveway during the day is reasonable.  Examples: one-on-one meetings, financial planning, tax preparation, private music lessons, personal secretary, computer consulting.

         D. PROHIBITED.  Signs, multiple vehicles parked out regularly, delivery vehicles besides the FedEx or UPS vans commonly used for residential deliveries, visible inventory, clutter, more than three garage sales per year, and exterior lighting or parking pads beyond the norm are not permitted.  Examples:  employees who report to the Bent Tree house daily as their duty station, dance studio, classroom training, large product distribution centers, construction equipment parking.

 

6. COVENANT CLARIFICATION—ROOFING MATERIAL (Back to Table of Contents)

         A. COVENANTS.

      Bent Tree I, II, and III: “9. E. (5) /(6) Roofing:  Roof materials and color shall be consistent with the architecture, color, and exterior wall material of any structure.  Cedar shake shingles, tile or slate will normally be required; however, the ACC may allow variations from this requirement in those cases where such variation would be harmonious with the surrounding area and where such roofing materials would not be practical for a particular design or structure.  New and modern materials with shake appearance will be considered.  No asphalt or asbestos shingles will be permitted.”

                   Bent Tree IV and V: “10. E. (3) Roofing:  Roof materials that are non-combustible or fire retardant are the only ones permitted.  This includes concrete tile, slate, certain type metal, and synthetic cement shingles with a shake appearance.  On roofs with pitches of eight or twelve or greater, class "A" fire rated super heavyweight, triple laminated premium asphalt shingles exceeding ASTM spec D 3462 such as O.C. Grand Manor, Celotex Presidential, Elk Premium Choice, etc. will be considered.  Not permitted are lightweight or middleweight asphalt shingles on any roof pitch, cedar shakes, pine shakes, or Masonite type wood shakes.”

         B. INTRODUCTION.  County building codes and consumer awareness about fire danger and safety have evolved since the earlier covenants were written.

         C. CLARIFICATION.  For new construction and for structures having the roof replaced, roofing materials in Bent Tree I, II, and III must meet the requirements of Bent Tree IV and V.  The sentence about roofs with pitches of eight or twelve or higher now also applies to roofs of pitch 6 and higher.

 

7.  COVENANT CLARIFICATION—MAIL AND NEWSPAPER BOXES (Back to Table of Contents)

         A. COVENANTS.

                   Bent Tree Filings I and II: “9. E. (5) Mailboxes and their support structures must be approved by the ACC.  Colored plastic or metal newspaper boxes are not permitted; therefore, mailbox designs should incorporate a separate space for newspapers, as the U.S. Postal Service rules prohibit placing newspapers or anything other than U.S. mail in a mailbox.”

                   Bent Tree Filing III: “9. E. (6) Mailboxes and their support structures should be of a quality to enhance the home and must be approved by the ACC.  Normally support structures for mailboxes will be of masonry construction (for example, stone, brick, concrete, stucco, cultured stone, etc.) though a combination of masonry and wood compatible with the colors and materials used on the home will be considered.  The box itself, if made of metal shall be painted to cover raw or galvanized metal which is deemed unattractive.  The masonry materials used in the support structure shall be the same or similar to the masonry portion of the home in texture and color.  The street address numbers on the mailbox structure shall be made of brass, other metal, or ceramic.  Wooden numbers will not be approved. Colored plastic or metal newspaper boxes are not permitted; therefore, mailbox designs should incorporate a separate space for newspapers, as the U.S. Postal Service rules prohibit placing newspapers or anything other than U.S. mail in a mailbox. [new paragraph] Maintenance of the mailbox and post system in good, attractive painted (if appropriate) condition shall be the responsibility of the individual homeowners and the BTPOA shall pay half the reasonable cost of said maintenance, providing a cost projection to include materials, labor, etc. is approved by the Architectural Control Committee prior to commencing work.”

                   Bent Tree Filings IV and V: “10. E. (11) Mailboxes and their support structures: Standardized mailboxes and support structures meeting Postal requirements will be established by Declarant, to be installed by property owners in locations designated by Declarant and the U.S. Postal Department. [new paragraph] Homeowners and or builders will provide support structures for homeowner's markings, newspaper delivery, lighting, and property entrances with design and materials compatible with the dwelling design.  These structures shall be located on either side of the driveway entrances and in from the street on the homeowners property and not within the street easements. [new paragraph] Maintenance of the mailbox and post system in good, attractive painted (if appropriate) condition shall be the responsibility of the individual homeowners and the BTPOA shall pay half the reasonable cost of said maintenance, providing a cost projection to include materials, labor, etc. is approved by the Architectural Control Committee prior to commencing work.”

         B. INTRODUCTION.  The intent of ACC approval of mailboxes and their support structures in Filings I and II was for the actual mail and newspaper boxes to be substantially covered with a support structure.  Exposed metal and plastic boxes were not accepted.  The later Covenants made the requirement clear.  Mailboxes are the first “eye catcher” as people go by; a high-quality mailbox sets the tone for the neighborhood and individual property.  Or better said, a cheap or poorly maintained mailbox degrades the neighborhood and property.

         C. DESIGN STANDARD FOR BENT TREE FILINGS I AND II.  Metal and plastic mail and newspaper boxes will be substantially hidden by a good-quality support structure compatible with the house’s design.  Metal or plastic boxes predominantly exposed will not be accepted. 

 

8.  COVENANT CLARIFICATION—GARAGE DOORS (Back to Table of Contents)

         A. CITATION FROM COVENANTS.  Extracted from Paragraph 3, Dwelling Size.  “… Garages are required for all houses … and doors shall be kept closed….”

         B. INTRODUCTION.  As written, the covenant is absolute and renders the garage and driveway rather unusable.

         C. PERMITTED.  Garages doors may be open during active use of the garage.  Examples: yard work, home projects in garage, servicing and washing vehicles, children’s play.

         D. PROHIBITED.  Garage doors open for commercial activity or for long periods of time with no sign of activity.

 

9.  COVENANT CLARIFICATION—VEHICLES (Back to Table of Contents)

         A. COVENANTS.

                   “3. DWELLING SIZE: …Automobiles and small boats will not habitually be parked overnight outside of garages.”

                   “19 [20 in the Bent Tree IV and V Covenants].. VEHICLE PARKING AND EQUIPMENT:  No vehicles shall be stored or parked within the subdivision except in a closed garage; however, recreation vehicles to include travel trailers, horse trailers, campers, boats or a motor home and various equipment may be kept in an organized manner to the rear of a house if not readily visible from public streets nor reasonably from other lots within the subdivision. Screening such vehicles from public view with proper garaging or fencing, approved by the ACC, is recommended. The intent of this covenant is to prevent clutter and enhance natural appearance.”

         B. INTRODUCTION.  The Covenant’s core sentence is absolute, “No vehicles shall be stored or parked within the subdivision except in a closed garage” Or screened as described in the previous paragraph. BTPOA expects residents to garage vehicles or screen them from view.  This might be a higher standard for a vehicle-free appearance than residents may be accustomed to from prior habits.  The BTPOA recommends that the first use of garages be the parking of resident’s daily-use vehicles. Other potential uses for garage space—hobbies; storage; project, utility or recreation vehicles; or lawn, garden and snow removal equipment—do not provide basis for covenant violation. The parking situations listed below allow us to use our properties for customary activities without moving the bottom line. 

         C. TYPICAL PARKING SITUATIONS ACCEPTED IN BENT TREE.

                   Day Visitors:  Guests and visitors may park on driveways (and on the streets if necessary).  It matters not whether the purpose of the visit is personal, family, or business.

                   Overnight Visitors: Extra vehicles for your guests up to 2 weeks are reasonable.  Longer periods with a definite end date may be acceptable; please discuss with a member of the Covenant Compliance Committee.  The parking restrictions apply to multi-month visitors, including college students home for the summer.

                   Your Vehicles Parked Out during the Day:  It is reasonable to back vehicles out of the garage as needed for active uses of garage during that day, as long as the vehicles are garaged by end of the day.  This typically applies to yard work, housework, projects, play in and around the garage, and quick trips to and from the property.  

                   Vehicles Blocked from Garage for Longer Periods:  Using the garage to stage or unpack your own household goods upon moving in is reasonable up to 1 month.  Using the garage to temporarily store your own household goods during interior renovation, and using the garage for occasional hobbies or projects, up to 1 month are reasonable with advance coordination with the CCC.   Such uses of a garage are reasonable as long as the norm for the property is garaged vehicles. 

                   Recreation Vehicle Prep and Clean-up:  Three days before and three days after RV use are reasonable when the RV is rarely used.  Regular RV use needs to be restricted to a day on either end of the trip.  The intent of this guideline is to maintain a generally vehicle-free appearance; not to link 3-day cleanup and prep parking under a rule technicality to create substantially continuous parking.

                   Vehicle Service and Repair:  Some owners have RVs or other vehicles that are stored off-site but occasionally need to be brought to the Bent Tree property for routine maintenance and repair.  Such projects are reasonable if promptly brought to completion, such as within a week to 10 days.

                   Vehicle Type and Condition:  Vehicles parked visibly under the situations described above are to be fully functional and properly licensed passenger vehicles or small trucks rated at no more the ¾ ton capacity or 5,000 pounds GVW.

                   Vehicles not Visible from Street but Visible to Neighbors:  The BTPOA will not proactively enforce vehicles and equipment “kept in an organized manner to the rear of a house if not readily visible from public streets nor reasonably from other lots within the subdivision” where the property is not readily visible from the streets.  If a neighbor objects to the parking, then the owner is obligated under the Covenants to make other arrangements.  In other words, as long as the property complies with Covenants from the perspective of public streets (including Highway 105, Roller Coaster Road and Higby Road), then covenant enforcement shifts to complaint basis.

                   House and Garage Construction:  The rules above apply after the main dwelling is completed.  It is understood that vehicles will be around construction.  Where the owner is making reasonable progress to build an ACC-approved detached garage, the BTPOA has permitted the vehicles to remain in view.  Detached garages should typically be completed within 3 months, fences within one month.    

         D. OPTIONS BENT TREE RESIDENTS HAVE USED TO COMPLY WITH VEHICLE PARKING COVENANT.  The following items have been used in Bent Tree by others, and are listed to trigger ideas that may fit your situation.

                   Make room in the garage for the vehicle.  The most common solution we have seen is that of residents arranging household goods, equipment and space so that the garage is available for their daily-use vehicles.

                   Build additional garage space.*

                   Provide an adequately screened location adjacent to or behind your home in which to park the vehicle.  Several Bent Tree residents park an extra vehicle in such a screened area.  One option consists of a fenced area* connected to part of the house.  Another option available on a few lots consists of supplementing the existing natural screening of earth contours and trees with additional trees and shrubs to form an effective visual screen.

                   Storage of goods and equipment at a commercial storage facility.  There are several facilities within the Tri-Lakes area.

*Any structure, including garage or fence, must meet architectural standards and be approved in advance by the Architectural Control Committee.  Fences are generally built of cedar slats that conform to the architecture and colors of the house, have preservatives to protect them from weather damage and are solidly built (typically professionally).  Please see the Covenants, particularly the following paragraphs:

         2. Building Type and Use

         4. Building Location

         6. Time of Construction

         9C  (10C in Filing IV and V). Procedure for Obtaining Approval of Plans

         9E. (10E in Filing IV and V) Architectural Design and Requirements

 

10.  COVENANT CLARIFICATION—TRASH CANS (Back to Table of Contents)

         A. COVENANTS.  “15 [16 in the Bent Tree IV and V Covenants].. REFUSE AND RUBBISH: Rubbish, garbage and other waste shall be kept and disposed of in a sanitary manner. Containers or other equipment for the storage or disposal of garbage, trash, rubbish or other refuse shall be kept in a clean, sanitary condition. All garbage or trash containers shall be kept at all times in a closed garage or placed in walled-in areas designed to blend in with the house, so that they shall not be visible from other tracts or from public streets. Bottled gas tanks, if any, must be underground, or concealed behind walled-in areas designed to blend in with the house, and may be subject to the approval of the Fire Department. No trash, litter, junk, equipment, boxes or other such items shall be permitted to remain exposed upon the premises and visible from public streets or from other tracts within the subdivision.”

         B. INTRODUCTION.  A few residents tend to leave their trash cans on the street multiple days and/or regularly leave them in view from street or adjoining properties.  Typical violations have trash cans on the driveway near the garage door or beside the garage.  Also, some residents tend to find the street a convenient place to store rubbish—such as yard waste, discarded household goods or packing materials—pending trash pick up day.

         C. CLARIFICATION.  Trash cans may be left at the street no more than 1 day, beginning the evening before trash pick up day and ending the evening of trash pick up.  Trash cans shall not be visible the remaining 6 days of the week.  Likewise, trash in other containers (bags, boxes) or no container shall be kept out of sight until the evening before trash pick up day.

 

11.  COVENANT ENFORCEMENT PROCEDURES (Back to Table of Contents)

[Historical document - do not use for covenant enforcement.  New covenant enforcement procedures were adopted 7 July 2006 and may be viewed at Rules and Regulations.  Posted 23 July 2006 by webmaster.]

         A. EDUCATION AND VOLUNTARY COMPLIANCE.  Members of the BTPOA overwhelmingly demonstrate that they value the Covenants.  We see proactive, voluntary compliance throughout Bent Tree and cooperative corrections to most notices of violation.  The Board of Directors, through the CCC, will inform and educate residents as it determines to be helpful through various media, such as newsletters, handouts, meetings and internet.

         B. COVENANT COMPLIANCE COMMITTEE (CCC).  The BTPOA Board of Directors established the CCC in 1994 to relieve the Architectural Control Committee (ACC) from dealing with all matters related to covenant compliance.

                   (1) ACC deals with matters relating to new construction, additions, changes, etc.

                   (2) CCC deals with matters relating to other aspects of the Covenants, which is mostly enforcing quality standards of property use and maintenance.

The CCC is a subcommittee of the Board of Directors and operates at the discretion and under the supervision of the Board.  The CCC works in cooperation with the BTPOA, ACC and neighbors to maintain the quality levels of the Bent Tree properties as originally intended and stated in the Covenants and clarified in these Rules and Regulations. The CCC reports its activities to the Board and maintains records on behalf of the Board.  The CCC is composed of BTPOA members who live in Bent Tree, value the preservation of Bent Tree as a covenant-protected community, volunteer for the service, and are approved by the Board.  CCC members are covered by the BTPOA’s liability insurance in carrying out their CCC duties. 

         C. ADVANCE NOTIFICATION AND CONSULTATION. Bent Tree property residents are encouraged to notify the CCC about a situation that brings their property out of compliance (hopefully only for a brief period), ask for clarification or guidance, or to discuss a concern about their or another property.

         D. COVENANT ENFORCEMENT.

                   (1) Neighbor to Neighbor.  Owners and residents are encouraged to first talk with their neighbor about a concern.  However, the BTPOA realizes that some people are reticent to do so out of concern of straining an otherwise fine relationship.  Also, a person may take civil action to independently enforce Covenants.

                   (2) Periodic Surveys.  The CCC periodically checks Bent Tree properties for covenant compliance.  The checks are performed intentionally, objectively and equally throughout the neighborhood.  Additionally, CCC members may initiate action on covenant violations that they notice in their normal coming and going.   

                   (3) Complaints.  The CCC receives questions, concerns and complaints from owners and residents.  If the complaint can be verified (some can’t, such as animal or noise nuisance), the CCC will confirm the complaint with its own observation before initiating a violation notice.  The CCC considers a complaint to be tip for CCC investigation and action if appropriate.  Covenants are enforced to the standard described in the Covenants and these Rules and Regulations, not necessarily to the complainant’s standards.   The CCC will not accept anonymous complaints (complainant not identified).  The CCC will honor the confidentiality of a complainant if the complainant so requests and the CCC can independently verify the violation.

                   (4) Privacy and Property Rights.  Surveys and complaint investigations typically require no more than what can be observed from a vehicle on the public road.  If the CCC member(s) get out of their vehicle for a better look, they go no further than the road right-of-way without appointment with or permission from the resident.

                   (5) Notification and Follow-up Process.  The following steps are general guidelines to good judgment appropriate for the situation.

                            (a) CCC becomes aware of a violation through observation or complaint.

                            (b) CCC notifies the property owner, typically in writing using U. S. Postal Service.  The form and format of the notice varies as appropriate for the situation.  The CCC member, at his or her discretion, may use e-mail or conversation if it is judged to be appropriate.  The CCC member typical acts alone at this stage as the assigned monitor for an area, as long as the violation and notice fall within precedent the CCC routinely handles.

                            (c) Owner Action. The resident is allowed 10 days to correct the situation or reply.  A reply would be appropriate where the situation can be corrected but a longer period is needed, or where the owner disagrees that the situation is violation.  The owner is invited to contact the CCC to discuss options for correction.  Where the situation is corrected the process stops here.

                            (d) CCC Follow-up.  The CCC will follow-up with continued violations.  These sometimes come about when the owner’s proposed correction is not acceptable, the owner rebuts the notice, or the notice has been ignored.  The CCC may use any communication method determined appropriate for the situation.  This could be a phone call, meeting (with appointment), letter, e-mail.  Sometimes there may be a series of communications as a solution is developed.  Where the situation is corrected the process stops here.  The CCC involvement shifts from single-person representation to committee review as the discussion escalates.

                            (e) Board of Directors Action.  The CCC, when it determines appropriate, turns the matter over the Board of Directors.  The Board, at its discretion, may continue to work the case or take action authorized by the Covenants (see the Enforcement paragraph toward in the end of the Declaration of Protective Covenants).  By way of quick overview and in no way limiting the BTPOA’s authority or options, the Covenants authorize the BTPOA to enter the property and summarily abate or remove the violation and/or to take judicial action, both at the property owner’s expense (in this sentence, owner means owner, not the renter).

         E. APPRECIATION.  The Board of Directors, ACC and CCC are volunteers from among the community affected by these Rules and Regulations.  Amicable notices and problem solving are appreciated by all, no matter which end of the transaction we happen to be.

 

12.  SUMMARY OF CHANGES. (Back to Table of Contents) None. This is the first edition.  [This feature will be started upon the second version of BoD approved and published Rules and Regulations.]

[Technical correction on 6/12/06: update web address in Paragraph 2d]

[End of Rules and Regulations]