COMMUNITY-WIDE STANDARD
Use Restrictions & Rules Expanded
Calumet West Homeowners Association, Inc
Download MS Word document here
Modified: 7/11/2006
TABLE OF
CONTENTS
II. PROTECTIVE COVENANT
ENFORCEMENT PROCEDURES
III. PROTECTIVE COVENANT
VIOLATION FINE LETTER SCHEDULE...
2. First Official Warning of Violation Letter
and Notice of Fine
3. Second Warning of Violation Letter and
Additional Fines
4. Violation Letter from Attorney
GUIDELINE NO. I - Basketball Goals
GUIDELINE NO. 2 - Exterior Landscaping and Maintenance
GUIDELINE NO.3 - Play Equipment. Play Houses and Tree Houses
GUIDELINE NO. 6 - Exterior Siding, Painting, Gutters, Roofing,
and Windows
GUIDELINE NO. 7 – Yard Maintenance
1.
The following exterior modifications, and only these
modifications, do not require a Request for Modification Review Form (“Form”)
to be submitted if certain conditions are met as specified in the guideline:
i.
Basketball Goals (Guideline 1)
ii.
Ornamental Trees and Shrubbery (Guideline 2)
iii.
Play Equipment (Guideline 3)
iv.
Mailboxes (Guideline 4)
2.
A completed Form must be submitted for all other types of
modifications. All modification approvals
must be in writing. When plans are required, they must be submitted with
the Form. A Form is attached to these guidelines. Additional Forms are available from a member of the Board of
Directors or the Architectural Control Committee. Forms may also be downloaded from www.calumetwest.org, completed and
e-mailed to acc@calumetwest.org. Hardcopy color samples or plans must be
mailed.
3.
The Architectural Control Committee ordinarily meets once a
month, except when a holiday postpones a meeting. Owners will receive a
response to their request within 45 days after receipt of the request form and all
required information. If the applicant needs a decision earlier than 45 days,
this should be noted on the Form and the ACC will attempt to provide a decision
by the requested date. Approved changes
must be commenced within 6 months from the date of approval and completed
within 90 days from commencement unless otherwise agreed to by the ACC.
4.
Requests that are disapproved may be appealed to the Board
if done so within 14 days from the date of the ACC’s notice to the owner. (See
section 5, (d) “Appeal” in the Protective Covenants Declaration adopted in
2005)
1. Apparent covenant violations - as reported by any source - must be submitted in writing to Calumet West HOA to be referred for appropriate action. E-mail notification to the ACC (acc@calumetwest.org) or Board (compliance@calumetwest.org) is acceptable.
2. If the Architectural Control Committee
can’t resolve a violation issue, then the Architectural Control Committee shall
refer the matter to the Board of Directors who will send a letter requesting
compliance and/or submissions for approval.
3. If necessary, follow-up correspondence
requesting immediate action will be sent.
Possible sanctions include: (i) suspension of the right to vote; (ii)
suspension of the right to use the recreational facilities; (iii) imposition of
a fine on a per violation and/or per day basis; (iv) commencement of legal
procedures; and/or (v) filing a lien against property/homeowner in question of
violation for all fines.
4. The initial and daily fine for a
Protective Covenant violation shall be calculated as 1/10th of the
annual full/permanent member dues established by the Board. For example, if the annual full/permanent
member dues are $250.00/year, then the initial fine and subsequent daily fine
will be $25.00.
Notification
letter will be sent to homeowner providing a courteous way to inform the
homeowner of their violation and possible fine.
·
This letter provides the homeowner notice of an initial fine
for lack of compliance.
·
It also warns of future daily fines, liens and risk of loss
of status as a Homeowner in Good Standing (the Loss of amenity and voting
privileges)
·
Homeowner is given 10 calendar days after the date of the
letter to cure the violation before the initial fine will be charged or to
appeal to the Board for a hearing. (see Section 9, (a), (ii) of the Protective
Covenants Declaration adopted in 2005)
·
Warning of additional daily fines, beginning 14 calendar
days after date of letter.
·
Fines will continue until the violation is cured
·
Warning of potential liens or lawsuits
·
Statement for current balance due of fines
·
Additional charge for attorney letter
·
Fines will continue until the violation is cured
·
Homeowner is advised that if the violation has not been
cured within 30 days after this letter is sent out, a lien will be filed in
County records against the home
1. A Form is not required to be submitted if all of the following
requirements are met;
i.
Backboard is white, beige, clear or light gray;
ii.
Post is painted black;
2. If freestanding or
portable the goal must be in the driveway, not in the street or cul de sac per
Cobb County code.
3. The goal must be kept in
good repair.
1. Form submission is
required for all types of screen planting and property line plantings.
2. Form submission is not required for the
following:
i.
ornamental plants (annual and perennial flowers)
ii.
shrubbery (mature height less than 6’ tall)
iii.
over seeding of fescue lawns and sodding of lawns.
3. Forms must include a description of the
types and sizes of trees or shrubs to be planted and a site plan indicating the
relationship of planting/beds to the house and adjacent structures.
4. Each
owner shall keep his lot and all improvements thereon in good order and repair
including, but not limited to, seeding, watering, mowing, pruning/cutting of
all trees and shrubbery and the painting or other appropriate external care of
all buildings and improvements. The
sidewalks also need to be kept clear of any overgrowing plantings. This shall
be done in a manner and with such frequency as is consistent with good property
management and the precedent set in the surrounding community.
1. A Form is not required to be submitted for play equipment if the
play equipment is located:
i.
in the rear yard
ii.
within the screened fenced area of the rear of the house, if
yard is fenced
iii.
such that it will have a minimum visual impact on adjacent
properties
2. Play houses and tree houses must be located where they will have
a minimum visual impact on adjacent properties. In most cases, material used
must match existing materials of the home and the tree house/play house may not
be larger than 100 square feet.
1.
Mailbox posts may NOT be composed of vinyl, plastic or pvc.
2.
Mailbox posts may be structured of brick, stone, stucco,
wood or metal. Color of painted posts
must match home siding or trim color.
3.
Mailboxes must be standard sizes; sculptured or theme boxes
are NOT acceptable.
4.
Mailbox numbers are required either on the box or on the
post and must be replaced if excessively damaged or worn or missing.
5.
Mailbox posts must be maintained properly including removal
of mold and mildew. Painted posts must
be re-painted if faded or worn.
6.
Mailboxes must be maintained properly including repair or
replacement if mailbox is damaged, broken, or rusted. Missing doors or flags must be repaired or replaced.
7.
Ornamental plantings on or around mailboxes and mailbox
posts must be kept trimmed such that address numbers are clearly visible.
1.
Fences
may be placed in rear yard only. If
adjoining the house, the fence must begin at the rear corners of the house.
2.
Fences
visible from front of house shall be constructed of wood only (natural finish
only) and may not exceed 6’ in height.
Chain link fences visible from street in front of the home are not
permitted; homes on corner lots may not have chain link fences facing either street.
3.
Wooden
fences must remain a natural finish and may not be painted.
4.
Decorative
fences placed in front or side yards must be submitted for approval.
5.
Retaining
walls and fences should be properly erected & secured and should be kept in
good condition and appearance at all times.
1.
New
exterior painting must be submitted for approval.
2.
New
roofing and gutters do require approval.
3.
Installation
of vinyl siding, soffits, or facia must be submitted for approval.
4.
Siding
and chimney caps must be maintained and replaced if excessively deteriorated.
5.
Painted
surfaces must be properly maintained and re-painted if finishes becomes
excessively worn or faded.
6.
Gutters
or gutter covers visible from street or from common areas must be properly
maintained, and replaced if missing, rusted, broken or sagging.
7.
Roofing
shingles visible from street must be properly maintained and any damaged,
dislodged, or missing shingles should be promptly repaired or replaced.
8.
Broken
windows or torn window screens visible from street and common areas must be
repaired or replaced.
1.
Front,
side and back lawns (collectively “Lawns”) shall be mowed regularly during the
growing season.
2.
Lawns
shall be neatly trimmed and edged on borders of sidewalks and curbs.
3.
Clippings
shall be disposed of in accordance with Cobb County ordinances.
4.
Weeds
and any unsightly overgrowth shall be removed from lawns. It is suggested that
fertilizer and herbicide be used to promote healthy lawns and plants and
prevent weed infestation; however the purpose of this guideline is not to
mandate the use of fertilizers and herbicides.
Front yard areas that become excessively bare of grass should be
re-seeded or re-sodded.
5.
Lawns
shall be watered as needed (except during times of drought when Cobb County or
the State of Georgia may impose a watering ban or restriction).
6.
Landscaped
areas shall be pruned and weeded to maintain a neat and orderly appearance.
7.
Shrubs
growing directly in front of homes should be neatly maintained. Trees and shrubs in the front yard should
also be well trimmed for visibility of the home as well as visibility of cars
exiting the driveway.
8.
Shrubs,
trees, or other plantings along sidewalks must be trimmed to prevent
interference with pedestrian passage on sidewalks.
9.
Shrubs,
trees, or other plantings must not interfere with clear sight of any road signs.
10. Tree limbs should be trimmed so they do not overhang another homeowner’s roof.
June 6, 2006 Adopted
by Board
July 11, 2006 Modified wording on paragraph I. 3. to remove word “generally” from ACC response time. Modified fine notice time to state that fine will begin the number of days from date of first or second violation notice letter, not the date of receipt by the homeowner. Changes adopted by Board.