Bosque del Rio Homeowners Association Resident Handbook & FAQ Summary of CC&R s & Design Guidelines Updated June 2011

Transcription

1 Bosque del Rio Homeowners Association Resident Handbook & FAQ Summary of CC&R s & Design Guidelines Updated June 2011 Management Company & Contact Information Visit 1

2 Table of Contents Preface & What is an HOA? 3 Association Operation Board of Directors Management Company Annual Meeting of Members Board of Directors Meetings Committees Finances Assessments Fines Association Property Problems How to be Active in your Community Insurance Mail Delivery Renting/Leasing Architectural Control Committee Bosque del Rio Design Guidelines Purpose Basis Need for Approval Precedents Quality of Repairs Easement encroachments Construction Materials Subdivision perimeter walls Maintenance Walls/Fences Basketball goals and sports equipment Back yard structures Windows and treatments Security iron and storm doors Decorative Displays, Flags and Signs Swimming pools Solar Equipment Artificial Turf Satellite and antenna policy Solid waste containers HVAC equipment Inoperative vehicles, Boats, RV s Landscaping & driveways Violations policy 2

3 PREFACE This handbook has been compiled for the Bosque del Rio Homeowners Association (the Association ) to outline the operational procedures of the Association and to provide other information about the Association s property. It compiles information from a variety of sources so that you may get answers in one place. The CC&R s, Architectural Design Guidelines, Policies (created and approved by the Architectural Change Committee and/or the Board) and guidelines established by the ACC in accordance with the CC&R s are the official documents for the HOA. This is a summary of all the governing documents in one resource. What is an HOA? The BDR HOA has been in existence since 1996 and has been operated by the homeowners since In return for assessments paid by its members, an HOA typically works to ensure that deed restrictions are enforced, amenities and common areas are maintained and, most importantly, property values are protected. An HOA is governed by association by-laws, to which all HOA members must adhere. You will find people who appreciate them, people who despise them, and people who are somewhere in the middle. An HOA has a Board, comprised mostly of residents of the neighborhood. The Board generally hires a property management company to handle enforcement and maintenance issues and may create subcommittees to help the HOA deliver a number of services to members. Moving into a neighborhood that is part of an HOA automatically makes you a member of their organization. However, signed agreements to abide by the HOA's covenants, conditions and restrictions (CC&Rs) and an annual fee are usually required. Why Some Homeowners Prefer HOAs Many homeowners enjoy being a member of an HOA. Some neighborhoods that support HOAs may have amenities such as parks, private streets and landscaping, walking trails or other common areas for members to enjoy exclusively. Perhaps one of the biggest benefits of living in an HOA-governed neighborhood is that properties generally maintain their value quite well. This is due in large part to the fact that HOA's CC&Rs usually dictate that every property within the neighborhood have a consistent appearance. If your neighbor's house had overgrown grass or an unusual color scheme, it could detract from the value of your property, making it more difficult to sell should the situation arise; however, by mandating that all properties be well-kept, an HOA ensures that every house has equal opportunity to maintain its market value. Why Some Homeowners Do Not Prefer HOAs On the other hand, there are people who avoid living in a neighborhood managed by an HOA. Common complaints are often directed towards an HOA whose rules are viewed as too strict. Residents who wish to have more freedom regarding how their property looks may find HOA rules stifling. Failure to comply with HOA rules can lead to hefty fines and the possibility of having a lien placed on your home. This is usually done to compensate for increased costs of living or maintenance of the common areas. Some homeowners may find this frustrating, as they cannot anticipate how much their dues will cost for each pay period. What Steps to Take Before Moving In When considering moving into a neighborhood that is part an HOA, try to learn as much about the organization as possible. Find out what the CC&Rs dictate before you make the decision to move in, and determine whether you'll be able to follow them. You should also request to see the most recent minutes of the HOA's Board meetings for some insight into the HOA's budget and the frequency of changes made to dues. Your lifestyle will likely determine your preference about living in our HOA-governed neighborhood. Always do your homework before moving in to make sure that the HOA will work with your goals and interests. 3

4 The Association owns all of the roads, private park, street lights, entry ways, and other facilities within the subdivision for the benefit of all persons who own property in the subdivision. The advantage of a planned development is that the authority, as well as the responsibility for maintaining the Association Property, is retained by those with invested interest in the community s welfare the Owners. A planned community helps ensure that the original planning concepts and design that went into creating the community is preserved, protected, maintained and enhanced. Each owner received a copy of the CC&Rs. Please become familiar with the CC&R s; they set forth in detail, the rights, duties and obligations of each Owner; and they, not this Handbook are the official documents which govern the Association. The Policies, Rules and Regulations and Design Guidelines may be periodically updated by the Board of Directors. Membership in the HOA is mandatory and automatic, for all owners. Assessments are mandatory and allow for operation and maintenance of the HOA and can result in a Lien being filed, if delinquent. The purpose of your Association is to maintain, repair, replace and/or care for the common property and assets of BOSQUE DEL RIO SUBDIVISION for the mutual benefit of all Owners. In addition, its purpose is to enhance the environmental quality and economic value of the property through architectural controls. Each owner is a member of the BOSQUE DEL RIO HOMEOWNERS ASSOCIATION. Owner participation in the Association is both necessary and encouraged. The Community continues to be a showcase because the quality of the Community is preserved, maintained and enhanced. ASSOCIATION OPERATION BOARD OF DIRECTORS (BDR HOA BYLAWS) The Association is governed by the Board. The Board consists of not less than 3 and not more than 4 elected individuals, who are neighbors and members of the Association. Board members are elected to staggered three year terms. If any Owner wishes to nominate himself, or be nominated, or nominate someone else for election to the Board, a statement of interest must be submitted prior to the annual meeting. Nominations will also be taken from the floor at the annual meeting. MANAGEMENT COMPANY The board has chosen a Management Company to handle the day to day operation of the Association. Board members may be contacted in writing through the Management Company. Contact Sam Martin at or smokinss@comcast.net. ANNUAL MEETING OF OWNERS (BDR HOA BYLAWS) The Association holds its annual meeting each February, at which time Board Members are elected upon expiration of terms. Notice is mailed to each Owner of record to the address of each Lot. Attendance at the annual meeting in person or by proxy is critical to the operation of the Association. In order to conduct official business at an annual meeting, a quorum of Owners must be present in person or proxy. An accounting of the expenses and receipts of the Association as well as a summary of the budget for the upcoming calendar year is provided. Committees report at this time and often there is a guest speaker of interest to the Association. BOARD OF DIRECTORS MEETINGS (BDR HOA BYLAWS) The Board meets as frequently as Association business warrants. Board meetings are open to the Owners. If any Owner wishes to have an issue considered at a Board meeting, the matter should be submitted in writing to the Board a minimum of five days in advance of the meeting. Contact the Management Company for the date of the next Board meeting. COMMITTEES (BDR HOA BYLAWS) As outlined in the By-Laws, the Board of Directors may appoint committees as deemed appropriate in carrying out its purposes. These may include the following committees: a. Architectural Control Committee- The main purpose of the committee is to be a resource for homeowners when they are planning additions and/or major changes to their homes or property. The ACC can provide guidance and help with the various Site Development Plans/Architectural Design Guidelines, and the covenants and other rules and regulations that are in place for Bosque del Rio. b. Maintenance Committee- The Maintenance Committee is charged with oversight (and some light maintenance and repair) of the common areas: streets, landscaping, lights, traffic control, drip irrigation system, etc. 4

5 c. Meet, Greet & Inform Committee- Welcome new owners and provide them information about Bosque del Rio and the Homeowners Association, press releases, inform members, distribute materials to homes, coordination of functions (picnics, meetings, etc.) d. Nature Committee- Keeps the HOA abreast of issues concerning the Rio Grande, the Bosque and wildlife. They also inform the HOA about nature related events and activities that the HOA may want to become involved in. e. Traffic & Security Committee- Promote crime prevention and compliance of traffic rules in the neighborhood, home safety issues, home security suggestions, personal safety, Neighborhood Watch, Newsletter updates (speeding, stop signs and dog issues), heighten awareness of suspicious persons/cars in BDR, reporting of violations involving safety or security. FINANCES (BDR HOA BYLAWS & CC&R s) Financial statements are prepared by the Management Company. A copy of financial statements may be obtained by contacting the Management Company in writing. Financial statements and records may also be viewed in the Management Office during regular business hours, by appointment. Annually the Board of Directors reviews expenses and establishes a budget based on actual and anticipated future costs. The homeowners approve the annual budget in the Annual Meeting. The budget is based upon: 1. Landscape maintenance of common areas 2. Utilities (including water for irrigation and electrical for street lights) 3. Liability insurance for the common areas. 4. Directors and Officers insurance, for the Board. 5. Park & Monument Signage maintenance. 6. Professional management. 7. Filing of annual tax returns and government required reports. 8. Fees for collections and covenant enforcement. 9. Administrative expenses, such as, postage and copies for all homeowner communications. 10. Assessment invoicing expenses. 11. Funds set aside for the Reserve to pay for private street maintenance. 12. Other necessary expenses. ASSESSMENTS (BDR HOA BYLAWS, CC&R s & Delinquency Policy dated ) Each Owner has agreed to pay on time to the Association all regular and special assessments levied by the Association for the maintenance, repair, operation and improvement of the Association Property. The Association will issue written notice (by mail or electronically) of the amount of the assessment to be paid approximately 30 days in advance of February 1 st. Regular assessments are billed and due annually no later than February 1 st. Assessments are collected to pay the operating expenses of the Association, and to build Reserves for the repair and replacement of Association Property (fences, landscaping, playground equipment, private streets, street lights, etc.). Assessments can be paid by check or money order, made payable to Bosque del Rio Homeowners Association. Payments should be sent by mail to: BDR HOA, P.O. Box 67676, Albuq. NM Assessments are considered late if not received by February 11 th in the office of the Association. Late charges in the amount of $25.00 dollars are assessed after February 11 th. Interest of 18% per annum is charged on the amounts due over 30 days, calculated from the due date until the date paid. A $25 service charge will be applied to accounts after the return of a check for NSF, plus late charges where applicable. Collections may be initiated once assessments are past due, in accordance with the Delinquency Policy. Legal fees and administrative fees associated with collections may be assessed against the delinquent account. The Association may place a lien on a home for any assessment levied against that home (or fines imposed against its Owner) from the time the assessment or fine becomes due. The term assessment includes all fees, charges, late charges, fines and interest. An Association lien may be foreclosed in a like manner as a mortgage. (See Delinquency Policy for more info) FINES (BDR HOA BYLAWS, CC&R s & Violation Policy adopted ) The Association may, after notice and an opportunity to be heard by the Board, levy fines against an Owner for violation of these Rules and Regulations and the CC&Rs. ASSOCIATION PROPERTY PROBLEMS 5

6 To report non-emergency problems related to the Association Property, please contact the Management Company. In the event of an EMERGENCY, dial 911 for immediate assistance. If the emergency situation is one which involves the Association Property, please report the incident, as soon as possible to the Management Company s emergency number. HOW TO BE ACTIVE IN YOUR COMMUNITY Homeowner participation in the Association is essential to a healthy community. How can you participate? Get to know your neighbors. Consider running for a position on the Board or a Committee. Read all Association material and newsletters. Review financial information and budgets you receive. Be sure to attend annual and special meetings, in person if possible, and by proxy if not. Contact the Management Company in writing if you feel there is an issue that needs to be addressed. Report problems to the Management Company promptly and accurately. Be active in Neighborhood Watch. INSURANCE (BDR HOA BYLAWS & CC&R s) The Association provides the types of insurance required by the Bylaws. Directors and Officers liability coverage insurance is needed so Board members don t worry about their personal assets being at risk. Board members volunteer their time. They take on the responsibility to make decisions for the association. Board members are required to interpret the association s governing documents. They have a fiduciary duty to make decisions that they believe to be in the best interest of the association. Even with the best intent sometimes these decisions can lead to lawsuits alleging breach of contract. A good Directors and Officers liability insurance policy will protect the homeowner association Board members. All insurance policies (or Certificates) are retained by the Association and are open for inspection by Owners during regular business hours. The Association is required to secure and maintain adequate liability and hazard insurance for property owned or maintained by the Association. Directors and Officers liability insurance is also required for the officers and directors of the Association. Each Owner should maintain general liability and hazard insurance for their home and Lot. Any insurance loss involving the Association s Property should be promptly reported to the Association through the Management Company. MAIL DELIVERY The Subdivision has groups of community mail boxes. These mail boxes are called Neighborhood Box Units (NBU s). They are the property of the U.S. Post Master. Please contact the local post office to obtain information regarding which box belongs to your home, request keys, or report malfunctions with your box. No posting is permitted on the NBU s. Parking is prohibited in front of the NBU s. RENTING/LEASING If you elect to lease or rent your home, the following requirements must be met: 1. You must provide your tenant with a copy of all the governing documents. 2. You must provide the Management Company with your contact information, as you, the owner, will be responsible for the annual assessment payments. 3. You must provide the Management Company with the renter s contact information. 4. The renters are responsible to follow all the regulations of the Association as an Owner would. ARCHITECTURAL CONTROL COMMITTEE REVIEW (BDR HOA BYLAWS & CC&R s) Living in a Planned Unit Development such as the BOSQUE DEL RIO SUBDIVISION offers certain privileges. It also involves certain restrictions. In order to preserve the value, desirability, attractiveness and architectural integrity of the Community, restrictions are placed on changes to the lots and homes within it. The Association has been required to form an Architectural Control Committee ( ACC ) to administer these restrictions. Before beginning any addition, alteration, or construction involving the exterior appearance of a home or lot, the Owner needs to submit a request for ACC approval. These changes include, but are not limited to, exterior color changes, adding a porch or addition, sidewalks, porches, new HVAC equipment, swimming pools, accessory buildings (or sheds), new windows, walls, installing or major changes to landscaping, etc. Bosque del Rio ACC Forms may be obtained from the Management Company or via Bosque del Rio is designated as a Planned Unit Development by the City of Albuquerque. Therefore, any exterior alterations to your home will require advance approval from the ACC, as well as the City of Albuquerque. Once an application for an 6

7 improvement has been approved by the ACC, the plans must be followed as approved if constructed. During an evaluation of an application, the ACC must consider the characteristics of the home, lot and the individual site on a case by case basis. Furthermore, in making its decisions, the ACC may be called upon to consider and balance conflicting interests of parties who would be impacted by such decisions. In most cases, when these guidelines are followed and complied with, submittal to the ACC can be expedited. Homeowners may escalate grievances to the Board of Directors. The purpose of the ACC is not to restrict individual creativity or personal preferences, but rather to assure overall continuity of design in an attempt to preserve and improve the appearance of your community. BOSQUE DEL RIO HOMEOWNERS ASSOCIATION DESIGN GUIDELINES-GENERAL PROVISIONS (Per CC&R s and/or the BDR Architectural Design Guidelines dated February 8, 1996) A. PURPOSE Deed restrictions and Design Guidelines protect neighbors and the value of homes in our neighborhood. Bosque Del Rio filed a set of deed restrictions (also known as restrictive covenants or CC&R s) for each of the 114 units in Bosque Del Rio. These CC&R s are tied to the title and ownership of all property in Bosque Del Rio, as well as to all lease (rental) agreements for any property in a Bosque Del Rio subdivision. Consequently, as a property owner, homeowner, or lessor in Bosque Del Rio, you have entered into a legally binding agreement to abide by the deed restrictions applicable to your unit. All property owners and tenants are subject to both the Deed Restrictions and to these Design Guidelines, and have agreed to comply with them. Most problems can be resolved and unnecessary complications avoided by a thorough understanding of the Deed Restrictions and of these Design Guidelines. Compliance by all neighbors will permit Bosque del Rio homeowners to enjoy their homes in a pleasing environment and an attractive community with sustained property values. B. BASIS These guidelines are intended to augment the Bosque del Rio Homeowners Association Deed Restrictions, officially titled "Declaration of Covenants, Conditions and Restrictions for Bosque del Rio (CC&Rs), and do not replace or override them. All are based on the specific rules established by the appropriate governing documents and policies. The subdivision is intended to be a cohesive development composed of homes of the highest quality and elegant appearance. Toward this end, it is intended that the ACC have the greatest degree of discretion possible in reviewing, approving or disapproving plans. C. NEED FOR APPROVAL (CC&R-Section 5.3) Any exterior addition, change or alteration which is visible from a street, common area or an adjacent property must have prior approval from the ACC. Shrubs and other live landscaping items are subject to approval. The ACC has the legal authority to require any homeowner to remove or alter any modification which has not received prior approval or is not built according to approved plans. An ACC application is not required for maintenance or repairs so long as no change, such as color or material, alters the original appearance of the item being repaired. Repairs and maintenance are subject to provisions set forth below in Quality of Repairs. D. PRECEDENTS While the ACC will make every reasonable attempt to be fair and equitable, the ACC and the Board will not necessarily be bound by past decisions of developer, builder, prior ACCs, or prior Boards. The ACC reserves the right to disapprove applications for improvement that require a variance from the established Covenants if it believes that such changes are not in the best interest of the future of the community, even if a precedent was set by a decision of the developer, builder, prior ACCs, or prior Boards. In spite of their best efforts, the ACC and/or the Board will, from time to time, make a decision that, in retrospect, is not in the best interests of the community. The ACC and the Board reserve the right to recognize such a situation document it in the minutes of a meeting and no longer permit its use as a precedent. The same right applies if the ACC and/or the Board make an inadvertent error in allowing a change or addition. E. QUALITY OF REPAIRS 7

8 From time to time, homeowners will be required to make repairs to portions of their property that may be damaged or deteriorated. This includes such items as porches, fences, walls, balconies, roofs, etc. Repairs are required to be of equal or better quality than original construction and of the same type. While there is no specific requirement for the owner to apply to the ACC for such a one for-one repair, the quality of such work may come under the scope of the Committee's responsibilities if the repair is done in such a way as, in the ACCs opinion, to detract from the appearance of the neighborhood. F. EASEMENT ENCROACHMENTS It is not the responsibility of either the Committee or the Board to police encroachment into utility easement areas. If possible, the Committee will advise the owner of a possible encroachment and recommend that the owner seek approval or waiver from the appropriate utility. However, the Committee will not be liable for any expense incurred by an owner as a result of action by a utility if such encroachment occurs, even if the Committee approved the change or addition without comment. G. CONSTRUCTION MATERIALS (CC&R-Section 9.11 & Architectural Design Standards) All materials used during the initial construction or exterior remodel of homes within the subdivision are approvable by the ACC. Any alternate materials or colors must be specifically approved by the ACC prior to use in any exterior construction. Selections from the exterior color groups used in the initial construction do not require approval from the ACC. 1. Metal roof color must be approved (standard is tan, red, green or silver). This includes accessory buildings/sheds. (Section 9.21) Flat roof materials may be built-up roofing (nonreflective), single ply membrane and sprayed foam roofs. Clay, mission tile, mission barrel or S shapes in solid colors. Roofing materials Not Permitted in BDR include: asphalt shingles, wood shingles & multi colored roof tiles 2. Stucco color (new or re-stucco work if changing color) must be approved and, at a minimum, account for 85% of the exterior construction. Stone or brick may be used as an accent, but no more than 15% of the exterior construction. The Approved El Rey stucco colors include: Buckskin 101, Driftwood 111, Straw 122, Sandalwood 121, Suede 118, La Luz 125, Desert Rose 114, Sand 103, Fawn 117, Palomino 119, Adobe 116, Beige 116, Cottonwood 115. The Approved Sto Industries stucco colors include: Pecos 01005, Abiqui 01002, Santa Fe Mocha 01003, Adobe Brown 01994, Pueblo 01005, Suede 01006, Tumbleweed 01010, Paloma 01014, Cimmaron 01015, Mesa del Sol NOTE: Other manufacturers must match these colors. 3. Garage doors are to be painted white or in the same light tan as the currently approved garage doors. 4. Exterior trim must match original home or be approved by ACC. H. SUBDIVISION PERIMETER WALLS The subdivision perimeter walls (western and northern boundaries) which have been constructed by the Developer to the Master Planned Property design standard, may not be raised, lowered or otherwise modified in any way without the prior approval of the ACC. The Association shall be responsible for repair and maintenance of the outside perimeter walls unless damage is caused by negligence of an owner, tenant or guest. I. MAINTENENCE All improvements on a lot must be maintained in a state of good repair and shall not be allowed to deteriorate. Repairs shall include, but are not limited to, the following: 1. All painted surfaces must be clean and smooth with no bare areas or peeling paint, and all surfaces must be free of mildew. 2. All rotted and damaged wood must be replaced and any damaged stucco repaired. 3. Gutters must be kept in good repair and are not allowed to have missing pieces, large dents, sags, rust, or hanging parts. 4. Roofs must be maintained in good repair with no missing or curling shingles or broken or missing tiles. 5. All glass surfaces must be whole. 6. Walls and gates must be kept in good repair. This includes, but is not limited to, broken blocks, obvious lean of the wall structure, bent or broken gates, or peeling paint. 7. Garage doors must be undamaged and in good repair. 8. Sidewalks, driveways and curbs must be clean and undamaged. Seams must be kept free of weeds. 8

9 9. Lawns must be kept mowed, edged, and weed free; graveled areas and flower beds must be kept free of weeds; and shrubs and trees must be kept trimmed. 11. Perimeter walls maintained by the Association must not be exposed to damage by adjacent plantings or land use. 12. All lots shall be kept in a healthful and attractive condition, all weeds removed and grass regularly mown and edged. Dead plants, trees, and bushes shall be promptly removed from the property. There must be no storage of toys, equipment, clutter and/or debris in public view. 13. The intent of painting guidelines is for a homeowner to be able to select and apply paint colors that replicate the original homebuilder/developer paint application. If a homeowner wants to select and apply a different color to the exterior of the home, ACC approval must be sought and all paint guidelines shall apply. Paint applications must include a complete description of all colors used on the exterior of the residence. Additionally, the application must be accompanied by paint color samples for the new paint colors proposed on the application. Colors selected from the original color schemes of the home do not require approval. Any other colors used on the exterior of residence or any accessory structures must be specifically approved by the ACC. 14. Re-roofing with the same material and color does not require approval from the ACC. Any change in material or color requires specific approval of the ACC. J. WALLS/FENCES (CC&R-Section 9.11) Post & rail (wood post and three rails) wooden fences are part of the overall design of the community and are to remain. A farm fence overlay is permitted to control animals. (Section 9.11) Courtyard walls stuccoed to match the residence require ACC approval. Chain link, coyote, brick, metal and other types of fences are not permitted, nor are walls exceeding six feet in height. In order to preserve the overall architectural continuity, replacement, repair and alteration of walls should be of the same design as the original wall in that area. Regardless of design, ACC approval is required for all alterations of existing walls or new walls. Applications must include a plot plan that clearly defines the project. All fences and walls located anywhere on a Lot must comply with site distance requirements established by Subdivision or City of Albuquerque ordinances or other applicable laws. Courtyard walls and backyard retaining walls are allowed in the backyard of the home as long as the original drainage plan of the site is not disturbed. Courtyard walls are allowed within the front setback line but may not exceed 36 in height and must be constructed of materials complimentary to the house. (Exceptions up to 48 require the approval of the ACC. Gates built in the front return or other fencing shall be compatible with the post & rail fence and they shall be beige or tan in color. K. BASKETBALL GOALS and SPORTS EQUIPMENT (CC&R-Section 9.23) Outdoor athletic and recreational facilities such as basketball goals, playscapes, swing sets and sport courts of a permanent nature shall not be placed on any Lot in the subdivision between the street right-ofway and the front of a Unit and must be approved by the ACC. L. BACK YARD STRUCTURES (CC&R Sections 9.20, 9.21, 9.22 & Architectural Design Standards) 1. Shade structures are permissible with the prior approval of the ACC and in compliance with local building codes. Roofing material will be of the same color, texture and weight as that utilized on the residence. Wood surfaces may be left natural, stained or painted to match the residence. Shade structures in excess of 120 square feet require a building permit from the City of Albuquerque. 2. Free-standing structures such as sun shelters, cabanas, gazebos and arbors may not exceed the ten (10) feet in height limitation measured from ground-level. These also require ACC approval. A patio cover or shade cover which is a.) firmly and substantially affixed to the main existing residence, and b.) is adjacent to and abutting the main residential dwelling, may be considered a part of the existing structure. As such, it may exceed the height of ten (10) feet. Any cover NOT abutting and firmly and substantially affixed to the main residential dwelling is considered to be freestanding. 3. No detached outbuilding or accessory building, including, but not limited to, detached garages, greenhouses, sheds, storage buildings and Rubbermaid-type storage units will be erected, placed or constructed upon any Lot without the prior consent of the ACC. Every outbuilding or accessory building, inclusive of such structures as a storage building or greenhouse, will be compatible with the dwelling to which it is appurtenant in terms of its design and material composition. Exterior paint and roofing materials of such outbuildings shall be 9

10 consistent with the existing paint and roofing materials of the dwelling. The guidelines for sheds are as follows: a. Every outbuilding, accessory building or shed shall be of stucco finish to match the home associated with the shed. The shed must be constructed of 2x4 or 2x6 wood frame construction and match the home in design. The building trim shall be painted to match the home associated with the shed. b. A pitched roof house requires a pitched, metal roof shed in same design & color. A flat roof residence requires a shed with a flat roof. Sheds may not be A-frame style. c. No metal sheds or outbuildings permitted. d. The roof shall be covered metal (cement tile if the home has cement tile) to match home on pitch roof. e. No portion of the roof shall extend over a lot fence or wall. The floor of the building shall be on plywood joists or a concrete slab. f. A shed shall not be taller than twelve (12) feet from the highest point of the roof to the floor. A garage is to be no taller than eighteen (18) feet to the highest point. g. The outbuilding, accessory building or shed shall be placed on the lot in such a way so it is a minimum of five (5) feet away from the property line. h. The door and windows need to match the home in design and color. The windows may not be aluminum; they need to be white vinyl-clad, like the residence. i. The size of any shed shall not exceed one hundred and twenty (120) square feet without a permit from the City of Albuquerque. j. The outbuilding, accessory building or shed shall not be used as a dwelling. M. WINDOWS AND TREATMENTS (CC&R-Section 9.15) No aluminum foil, reflective film or similar treatment will be placed on windows or glass doors. N. DECORATIVE DISPLAYS, FLAGS, & SIGNS (CC&R-Section 9.3) No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Unit, wall or other improvement upon such Lot so as to be visible from public view or mounted on any vehicle or trailer parked or driven in the Property or the subdivision or carried by any person or by any other means displayed within the Property or the subdivision except the following: 1. For Sale or For Rent Signs. The owner may erect one sign. 2. Political Signs. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal provided that such signs will not be erected more than 30 days in advance of the election to which they pertain and are removed within 5 days after the election. 3. Advertising signs One (1) garage sale sign may be posted. Small security monitoring company signs are permitted. 4. Streamers, Flags and decorative displays are allowed. Proper flag etiquette must be observed (flag not torn or faded, right side up, lighted at night etc.). Furthermore, the Board has the right to require the removal of inappropriate displays that either generates complaints or are deemed offensive. 5. Any advertising via the use of flagpoles, standards, flags, banners, balloons, billboards, flashing lights or lighted panel signs are not allowed to be placed anywhere within the Subdivision or in the public right-of-ways or landscape areas immediately adjacent to the Subdivision. (Exceptions to be approved in advance by the ACC) 6. Signs placed to benefit the Association (speed, STOP, No Parking, etc.) are permitted as directed by the Board. O. SWIMMING POOLS (Guidelines adopted ) Swimming pools, spas, hot tubs, surrounding decks, sidewalks, pool equipment and decks all require advance ACC approval. Above-ground pools are prohibited (except for kiddie pools). Jacuzzis, hot tubs, whirlpools or spas shall be allowed only in rear yards if screened and otherwise meet HOA guidelines. The pool pump and filtration system must be installed in a suitable enclosure to assure adequate soundproofing, such that it cannot be heard in adjoining property. It must also be screened from view so as not to be visible to adjoining property. The setbacks for the pool are as follows: no structure shall be constructed, placed or maintained within fifteen (15) feet of the rear property line of a Lot or within ten (10) feet of the side property line. As with all property improvements, the homeowner is solely 10

11 responsible for easements, property encroachments, spoils disposal, and drainage issues. At a minimum, applications should show property and easement lines along with an outline of the new pool. P. SOLAR EQUIPMENT (Guidelines adopted ) It is the policy of the BDR HOA to permit the installation and use of solar energy devices and to only require reasonable restrictions to in order to balance the aesthetic and visual harmony requirements as contained in the CC&Rs. Reasonable restrictions are those restrictions that do not significantly increase the cost of the solar energy device or significantly decrease its efficiency or specified performance. Significantly means an amount exceeding 20 percent (up to a maximum of $2,000) of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 20 percent, as originally specified and proposed. If any requirement noted or set forth during the ACC review reduces efficiency or increases cost, the owner has the burden of proof that the system efficiency will be decreased by more than 20% or that the cost would increase by 20% (up to a maximum of $2,000) in order to be exempted from that requirement. Q. ARTIFICIAL TURF (Guidelines adopted ) The guidelines require written ACC approval in advance for all artificial turf installations. The work must be done by a certified artificial turf installer. Artificial surface must be of suitable materials, styles and color for the purpose intended and meet minimum specifications. The base materials, infill materials, seaming materials, type and length of turf and color must be approved in advance. A maximum size of 500 sq. ft. is permitted. All installations must appear natural at all times. Any deviation from a natural look due to improper installation or lack of maintenance will be in violation of the policy. R. SATELLITE DISH AND ANTENNA POLICY (CC&R-Section 9.13 & Guidelines adopted ) Satellite dishes or antennas may be erected or installed on any property provided the satellite dish or antenna complies with the following guidelines as adopted by the Board of Directors of Bosque del Rio Homeowners Association and in accordance with FCC requirements. If the installation is not in compliance, the Board has the right to require the owner to relocate the satellite dish or antenna to an alternate, more aesthetically pleasing location provided the new location has comparable reception. The relocation will be done solely at the Owner s expense. The following guidelines cover three types of antennas: direct broadcast satellite (DBS) antennas, multipoint distribution service (MDS) antennas (often called wireless cable, including MMDS, LMDS and IFTS antennas) one meter or 39 in diameter or less, and television broadcast antennas of any size: 1. Satellite dish or antenna may be installed on the roof or under the eaves of your home. Please make every effort to install your dish in the least conspicuous location where an acceptable quality signal can be received. The Association would prefer that the dish not be mounted on the front façade of the home or on the peak of the roof where the dish would be highly visible. 2. All wiring must be secured to the house and or roof and in some cases may need to be painted to match same. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission (FCC) adopted a rule concerning restrictions on viewers' ability to receive video programming signals from direct broadcast satellites. Associations may not adopt or enforce restrictions or adopt rules that unreasonably delay or prevent installation, maintenance or use; unreasonably increase the cost of installation, maintenance or use; or preclude reception of an acceptable quality signal from satellite dishes up to 1 meter (39.37 inches) in size in areas that residents own or have exclusive use. An HOA regulation requiring that antennas be placed where they are not visible from the street is permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. Associations can require owners to camouflage their antennas so they blend into the background, provided it does not interfere with reception or impose unreasonable costs. This includes painting the antennas and screening or landscaping around antennas. S. SOLID WASTE CONTAINERS (CC&R-Section 9.6) Solid waste containers provided by the city are to be kept screened from public view, either within a garage or behind a wall, fencing or shrubbery, except when positioned for trash pick-up or actively in use. Solid waste containers are to be hidden from view except for the night before and until the evening of the day after scheduled City pickup. T. HVAC EQUIPMENT (Architectural Design Standards) 11

12 Air conditioning/heating equipment may be installed on flat roofed structures but must be screened from view by parapets which are an integral part of the house. No air conditioning /heating equipment may be installed on houses with a pitched roof profile. Equipment that is ground mounted must be screened from the front and sides. Any roof mounted equipment must be screened with materials compatible to the house in terms of material, color and design. Ground mounted equipment must be screened with materials architecturally compatible to the house in terms of material, color, and design, and/or landscaping. Top of screen walls to be same height or higher than equipment being screened. U. INOPERATIVE VEHICLES, BOATS, RV s (CC&R-Section 9.4) Recreation Vehicles (Camper, boat, trailer, equipment) are limited to 72 hours in the driveway of a residence for servicing prior to or after a use. Guest limits for parking, not habitation, is the same. Recreational Vehicles may only be kept at a residence if fully enclosed within a garage or architecturally approved outbuilding. (This is not intended to prevent the occasional parking of a RV in front of the owner s unit to clean or add supplies for a very short duration of 72 hours maximum.) No dismantling or assembling of motor vehicles, boats, trailers, RV s shall be permitted in any driveway or yard adjacent to a street. No commercial vehicle bearing commercial insignia shall be parked on any street right-of-way or Lot except within an enclosed structure or a screened area which prevents such view thereof from adjacent lots and streets unless such vehicle is temporarily parked for the purpose of serving such Lot. V. LANDSCAPING, DRIVEWAYS (CC&R-Section 9.12) All landscaping located on any lot shall be properly maintained at all times. All front yards, back yards and side yard areas shall be landscaped and maintained at all times to comply with the following standards: 1. Each Owner shall keep all shrubs, trees, grass and plantings cultivated, pruned, free of trash and other unsightly material. 2. The use of red colored aggregate should be limited to accents only; white, green, blue or other bright colored aggregates are not permitted. The use of larger cobbles and aggregates of contrasting subdued earth tone colors is encouraged 3. Tree bark or wood chips are not permitted for use as ground cover, except they may be used in limited amounts as a mulching material in planting beds or tree rings. 4. The required landscaping must be maintained by all lot owners; plants, trees and lawns that die must be replaced as soon as weather conditions and growing seasons allow. 5. All concrete drives or walks in the front of a Unit are to be tan or brown in color. All nonconcrete gravel drives are to be tan or brown crushed rock (Santa Fe Brown, Santa Fe Tan Mountainair Brown); gray rock is not permitted for driveways. W. VIOLATIONS POLICY (See Violations Policy adopted ) Violations may be reported by homeowners to the Board or Manager. The Manager is responsible to regularly review the community for violations and cite violations of the CC&R s. Normally, only violations visible from the Common Areas will result in a violation notice. However, if a neighbor complains, the Board or Manager may get permission from the complainant to view any possible violation from their property. The following policy is in place to determine whether a violation exists and if a violation is determined to exist, to cause remedy of the violation: 1. Determination of Violation. The Management company and/or any member of the Bosque del Rio Board of Directors or Architectural Control Committee (ACC) will make the final determination of whether a violation of the Protective Covenants (CC&R s) exists. 2. Curing the Violation. If it is determined that a violation does exist, the homeowner will be sent a First Violation Notice describing the violation, the applicable CC&R s regulation that is being violated and a requirement that the violation be cured within a reasonable time period. 3. Uncured Violations. If the violation has not been cured, within the time period specified, referenced in the First Violation Notice, a Second Violation Notice will be issued. If the violation remains uncured, the homeowner will receive a Third Violation Notice instructing the homeowner of a hearing if violation is not cured. 4. Hearing. The Board of Directors will conduct the hearing at which hearing any or all of the following sanctions may be imposed: a. Impose a fine of $25, up to a maximum of $500. b. Cure of the violation, all costs of which will be charged back to the owner. If not paid the owner s property will be liened for the amount owed. (CC&R s Article XI, section 11.4) c. Injunctive relief against the continuance of such violation through the court system; all costs will be charged to the owner. (CC&R s Article XI, section 11.4) 12

13 A decision regarding the violation may be made upon conclusion of the hearing or it may be postponed no later than ten (10) days from the date of the hearing. A summary of the decision shall be included in the records of the Association and mailed to all parties involved. If the homeowner does not cure the violation following the Third Violation Notice and Hearing, within the allotted time, the Board has the authority and discretion to impose any or all of the sanctions above. 5. Repeat Violations: Following a Hearing, if any owner is found to be in violation of the same violation again, the owner will immediately be subject to additional sanctions without notice. 13