The Cottages @ Rose Garden GENERAL RULES
The Cottages @ Rose Garden GENERAL RULES Duly Adopted on _________, 2012 This set of rules is established as a basis for a successful community and an enjoyable lifestyle. Community Association living is different than living in a “typical neighborhood” and allows the enforcement of certain items for the benefit and enjoyment of all residents. Here, at the Cottages @ Rose Garden, “Common Areas and Facilities” are shared by all residents and due to the sharing; community rules are not only worthwhile, they are a necessity. These rules have been established under the authority of the Declarant Covenants, Conditions & Restrictions (CC&R’s), recorded with the Salt Lake County Recorder’s Office, to assure the maximum use of the facilities for the benefit of the community as a whole. These General Rules only represent a sampling of the most common rules and restrictions and in no way is this intended to be the definitive list. For more specific information, consult the Cottages @ Rose Garden Phase 2 CC&R’s available through your website or upon request through the HOA management company.
1. GENERAL A. EXCESSIVE NOISE: This can be more disturbing to people than almost anything else. Therefore, residents are requested to please use “good judgment” when playing stereos and radios during the day. Also use “good judgment” in regards to pets, children, running cars, and entertaining outside or inside your homes. B. SUPERVISION AND RESPONSIBILITIES: There is no supervision in any Common Area or Facility. These shall be used at the sole risk and responsibility of the members and their guests, invitees and tenants. Because it would be unfair for all residents to pay for the damage of any Common Area or Facility made by someone else, each homeowner is personally responsible for any damage made by him/her or his/her family, tenants, guests, or pets. Please report any damage to the Management Company. C. RESTRICTIONS: All Homes are intended to be used for single-family residential housing purposes and are restricted to such use, however, (a) homes may be rented for long term rentals, and (b) home-based businesses are allowed. Timesharing is prohibited. a. RENTING OR LEASING: Homeowners are responsible to inform renters/leasers of all rules and/or changes in the rules. The legal owner takes full responsibility for any and all of their tenant’s damages and /or fines. Any lease agreement between an Owner and Lessee respecting a Lot shall be subject in all respects to the provisions of the CC&R’s and Bylaws. Any failure by the lessee to comply with the terms of such documents shall be default under the lease. No Lease agreement can be for less than 6 months. Lease agreements must be in writing and a copy of it shall be filed with the Association. Owners who do not reside on their Lot must provide current addresses and phone numbers to the Association (see page 19 Section 10.4 of the CC&R’s). b. HOME-BASED BUSINESSES: Businesses can have no impact on the Association beyond the ordinary impact of residential use are permissible. This deals with signs and parking (see page 11 Section 7.2 of the CC&R’s).
D. SIGNS/ADVERTISING: No signs or advertising devices of any nature, including, without limitation, informational or directional signs, devices, campaign or political signs, shall be built or maintained on any part of the Project, without the prior inspection and written approval of the Board of Directors, except as may be necessary temporarily to caution or warn of danger. If the Board of Directors consents to any such signs or devices, the same shall be removed promptly at the request of the Board of Directors (see page 14 Section 7.13 of the CC&R’s) E. RECREATIONAL VEHICLES: No recreational vehicles are permitted to remain on any Lot or on the streets and drives within Rose Gardens. Such items must be kept at all times in a garage or an off-site storage facility. Recreational Vehicles include but are not limited to: trailers, mobile homes, recreational vehicles, graders, trucks (other than pickups used solely for private and non-business use of residents of the Lot), boats, campers, wagons, buses, sleighs, snowmobiles, motorcycles, motor scooters, snow removal equipment, garden and maintenance equipment except when in actual use (see page 13 Section 7.5 of the CC&R’s). F. PARKING: Absolutely NO PARKING in front of the mailboxes, in emergency access ways or in/on the open spaces. It is highly recommended that you park in front of your own home or on your driveway and not in front of other neighbors homes. G. VEHICLE REPAIRS: No repair or maintenance work shall be done on any vehicle, other than for emergency repairs, except in an enclosed garage, or other structure (see page 13 Section 7.5 of the CC&R’s). H. TRASH: All garbage and trash should be placed in a covered container. No rubbish or debris of any kind shall be placed or permitted by an Owner upon or adjacent to any Lots, so as to render such Lot or portion therefore unsanitary, unsightly, offensive, or detrimental to other owners. Garbage cans need to be screened from view – stored behind a fence or in your garage. They should not visible from neighboring lots except on collections day, and not to exceed 24 hours. Options for screening your garbage cans can be presented to management or the board. (see page 14-15, Section 7.11 and 7.14 of the CC&R’s). I. UNSIGHTLY ARTICLES: No garments, rugs, other household items or wash lines of any kind may be hung, constructed or maintained outside of Owner’s Home. Aluminum foil, newspapers and any other similar materials may not be used to cover the windows in any Home. J. SOLICITATION: Solicitors are not permitted in Rose Garden unless authorized by the Board of Directors. If any unit owner is contacted by a solicitor please inform that person that solicitation is not allowed and you would appreciate they leave immediately. This will in most cases be sufficient, but should they continue, please notify the management company with the name and possibly the contact number of the company for additional follow up. K. NEW RESIDENTS: New Owners, Lessees and/or Tenants shall contact the management company within fourteen (14) days of moving in so the proper accounting procedures and owner/address changes can be made. L. PETS: No animals other than household pets shall be allowed (not exceeding 2 pets per Lot). No pets are allowed to leave a Lot unless on a leash or in a cage; and each pet owner must immediately remove any animal droppings and dispose of them in a garbage container. Any limited common or common area damaged by pets is the responsibility of the individual homeowner (see page 13 Section 7.6 of the CC&R’s).
2. LANDSCAPING GUIDELINES: A. LANDSCAPING APPROVALS: All initial Landscaping must be approved by the Architectural Review Committee. Plan must be created for approval (professional design recommended). Plans submitted without adequate and accurate measurements or a proper scale may be rejected. HOA members can submit the plans to the HOA office. Please submit two (2) scaled copies (1”=8’, 1”=10’ or 1” = 20’). The HOA office address & phone number is 3688 E Campus Dr. #101 Eagle Mountain, UT 84005 (801) 789-7878 If, after review, the submitted landscaping plans satisfy the landscape requirements, approval shall be granted. The Plan will be signed as approved and an approval letter will be sent with a copy of the plan and given back to the HOA member. If the submitted plans do not meet requirements, revisions shall be made or a variance may be requested to the Architectural Review Committee. Submit requests to management. Landscaping of the Front and Rear Yard should be installed according to plan no later than 180 days from construction or occupancy (whichever comes first). If occupancy occurs after snowfall, the 180 days will commence on July 1st. Owner will be fined $200 for incomplete landscaping and an additional $25.00 per calendar week from the end of the 180 days until landscaping is completed. HOA will inspect the landscaping to verify installation according to plan; fines and landscaping changes may be imposed for deviations from approved plans. B. LANDSCAPING: a. Front Yard Plan must be submitted and approved by the Board as stated in 2A. Landscaping need to be consistent with the rest of the neighborhood. There should be a minimum of 2 trees and 5 shrubs. Planters con only contain earth tone material if adding bark or rock. The tree/plant material must be chosen from the Sandy Approved Plant/Tree List. See sandy.utah.gov/ and search Tree List. All Yards must have an Automatic Sprinkler System. The control panel should be located outside the home so the landscapers can maintain them. It is highly recommended that the Sprinkler System has a Stop and Waste. If you are planning any permanent change to your yard (curbing, different tree types, etc.) it must be approved by the Board. b. Rear Yard Plan must be submitted and approved by the Board as stated in 2A. Must have an Automatic Sprinkler System. Must use the Sandy Approved Plant/Tree List. C. MAINTENANCE: a. Front Yard Front yard maintenance starts once home is completed and landscaped. If additional front yard landscaping is installed without the association approval, these areas will not be maintained. Each owner is restricted from removing or modifying trees located on lot, unless they are dead or dying. Owners are responsible at their own cost and expense to maintain and water all trees.
New tree, shrubs and other vegetation must be approved prior to installation. If installed prior to approval, it will be deemed a violation and the ARC will have the right to require Owner to restore the area at the sole cost of the owner. b. Rear Yard Rear yard maintenance is ONLY provided by the association if the gates are unlocked and the yard is cleared from toys, BBQ’s, equipment, etc. The yard must also be cleaned up of all animal feces. If any of the above is not done, you will be responsible to mow the lawn that week or you can have the landscaper come back another day at your own cost. c. Sprinkler Repair: Basic sprinkler repairs due to maintenance crew damage will be replaced at the cost of the landscaping company or association. Other repairs will be the cost of the homeowners.
3. FENCING GUIDELINES: A. APPROVAL OF FENCING PLANS Plan must be created for approval by the Architectural Review Committee.. Plans submitted without adequate and accurate measurements or a proper scale may be rejected. HOA members can submit the plans to the HOA office. Please submit two (2) scaled copies (1”=8’, 1”=10’ or 1” = 20’). The HOA office address & phone number is 3688 E Campus Dr. #101 Eagle Mountain, UT 84005 (801) 789-7878 If, after review, the submitted landscaping plans satisfy the landscape requirements, approval shall be granted. The Plan will be signed as approved and an approval letter will be sent with a copy of the plan and given back to the HOA member. If the submitted plans do not meet requirements, revisions shall be made or a variance may be requested to the Architectural Review Committee. Submit requests to management. Fencing should be installed according to plan no later than 180 days from construction or occupancy (whichever comes first). If occupancy occurs after snowfall, the 180 days will commence on July 1st. B. PRIVACY FENCE Fencing will comply with all applicable building and safety codes. Approved fencing material is Tan Vinyl Fencing. Any other fencing material shall be approved by the Architectural Review Committee. All fencing must be setback a minimum of (2) two feet from the front of the home. When obstructions exist that make it difficult to meet the setback requirements (e.g. window wells, meters, etc.), a variance may be requested from the Architectural Review Committee. All fences on a lot will be maintained by Owner and will not be allowed to go into disrepair. Privacy fences are 6 feet in height. Front yards are to remain free from fencing of any kind. No Double Gate is allowed. Enclosing Back Yard. o If enclose back yard with a gate due to a pet, homeowner becomes responsible for backyard maintenance. o If enclose back yard with a gate for privacy only, gate must be wide enough for a commercial grade lawn mower through and gates must be unlocked for maintenance.
Special fencing rules apply to Lots 220 and 221. Fences should have a non-opaque fence (no more than 3 feet tall) along the walkway between the two lots (see page 13 Section 7.4.b of the CC&R’s).
4. MAINTENANCE: A. RESPONSIBILITIES OF THE ASSOCIATION: The Board of Directors is acting in behalf of the Association and, subject to the rights and duties of the Owners as set forth in the Declaration, shall be responsible for the exclusive management and control of the Common Areas and Facilities. Landscaping of the Parks will be maintained, including weeding, mowing and sprinkler repair while the Homeowners lots will be only mowed. Owners and tenants are expected to keep yards clean and free of any personal items that may prevent or hinder maintenance. The Association also provides snow removal when the snow accumulates 2 ½ inches throughout the neighborhood. B. RESPONSIBILITIES OF THE LOT OWNER: Owners are responsible for the maintenance and repair of their own Homes. Owners shall keep their Homes in a state of good condition and repair. No Owner shall make any material alteration to the physical appearance of such Owners Home including exterior design, look, architecture, color or scheme without advance written approval from the Architectural Review Committee. Each Owner shall also be responsible for the snow removal on the driveways and walkways located within their individual Lots; IF the snow accumulation does not exceed 2 ½ inches throughout the neighborhood. C. EXTERIOR: Each Owner shall keep the exterior of such Owner’s Home, including the exterior of the door and garage, if any, in a good state of repair. No Owner shall enlarge or modify the exterior of his/her Lot or add any devices or structures such as, for illustration and not limitation, fences, greenhouses, solariums, room additions, enclosing desks, hot tubs, unless and until Owner has received written consent from the Board of Directors.
5. COMPLAINTS: In order to promote a harmonious community and provide a peaceful and quiet environment for all homeowner’s and residents, we hope that any conflicts between neighbors will be handled in a neighborly fashion, between neighbors. When that is not possible, please contact the management company, or if necessary the Sandy Police Department. When violations occur, please report them to the management company. When reporting a violation, be prepared to describe in detail the violation, date, time, your name and contact information. Violations reported to the management company will be kept confidential, when requested.
6. ASSOCIATION MEMBERSHIP, ASSESSMENTS AND COLLECTIONS: A. MEMBERSHIP: Each Lot Owner upon closing on that lot automatically becomes a member of a Utah Non-Profit Corporation known as The Cottages at Rose Garden Homeowner’s Association. Owners and Residents are bound by all governing documents, including but not limited to the General Rules. Membership in the Association is mandatory to those who own the Lot. B. ASSESSMENTS: Assessments are collected from all members to fund the following: Initial Reserve Fund
Maintenance, repair and improvements of all Common Areas Administrative expenses Enforcement Insurance Legal expenses Reserve Funding
Assessments are due in advance every year on January 1, for each year and become late 30 days after the due date. The Board of Directors has approved the option for Members to pay monthly or quarterly with all payments due in advance of the period you are making a payment for. A late fee of $10.00 is charged to all unpaid balances after 30 days. C. COLLECTIONS: Please refer to Collection Resolution.
7. ENFORCEMENT, FINES, EXCEPTIONS AND APPEALS PROCESS: A. ENFORCEMENT PROCEDURES AND FINES: COURTESY NOTICE - When a violation has been identified, the management company will make a courtesy call or send an e-mail to the homeowner to explain the concern and determine the action that will take place. If a phone number or e-mail is not accessible, a Courtesy Notice letter will be sent by US Mail to the homeowner and the renter with details of the situation and request that they contact management with a plan of action within 10 calendar days. This Notice is not considered a violation. FIRST NOTICE - If the violation has not been resolved or addressed, a First Notice Letter will be sent by US Mail re-explaining the concern and request an action plan to correct the violation. The letter will also notify them that if the violation is not resolved or the management has not been notified within 10 calendar days from the first notice with an action plan, a one-time non-negotiable fine will be attached to their account and they will still be required to correct the violation. SECOND NOTICE - If the violation has not been resolved or addressed, a Fine will be added to their account and a Second Notice will be sent by US Mail, notifying them of this action and requesting that the violation be resolved or contact management with an approved action within the next 10 Calendar days or a Third and Final Notice will be sent out with a reoccurring weekly fine and legal action may take place until the violation has been resolved. THIRD NOTICE/FINAL NOTICE - If the violation has not been resolved or addressed, the weekly reoccurring fine will be added to their account and a Third Notice will be sent notifying them of this action and remind them that legal action may take place until the violation has been resolved. FINES – Fines will be imposed as follows: 1 Notice - $0.00 2nd Notice - $25.00 one-time non-negotiable fine 3rd Notice - $10.00 fine imposed weekly until violation is resolved st
LEGAL ACTION – If no contact has been made to the management company and the violation has not been corrected, then the matter will be brought before the Board of Trustees and a decision will be made to seek legal remedy against the homeowner or to have the violation corrected
by the HOA at the expense of the homeowner. Homeowners will be required to pay any and all legal expenses, plus all fines. Pursuant to the CC&R’s, the Association reserves the right to collect any unpaid fines as an unpaid assessment, including filing and foreclosing of a lien, and seek all cost, expenses and attorney fees from the offending Owner(s)/Residents(s). B. EXCEPTIONS: May be made to the rules and/or fines for violations; however, all requests must be submitted in writing to the Board of Directors who will then decide on any specific exception. C. APPEALS PROCESS: Owners or Residents of Rose Garden may appeal any complaint or fine, except legal action, by submitting in writing a request for a hearing on the matter to the Board of Directors within five (5) days of the receipt of notice of complaint or charge. D. RULES AND REGULATION CHANGES: These rules and regulation have been adopted by the Board of Directors for the protection of each homeowner, resident and guest. Any changes to the rules and regulations may be proposed to the Board. Each homeowner will be given written notification of any changes through the newsletter thirty (30) days prior to the change(s) going into effect. For the Community Declaration, or other important documents, call the management office at 801789-7878.
1. GENERAL A. EXCESSIVE NOISE: This can be more disturbing to people than almost anything else. Therefore, residents are requested to please use “good judgment” when playing stereos and radios during the day. Also use “good judgment” in regards to pets, children, running cars, and entertaining outside or inside your homes. B. SUPERVISION AND RESPONSIBILITIES: There is no supervision in any Common Area or Facility. These shall be used at the sole risk and responsibility of the members and their guests, invitees and tenants. Because it would be unfair for all residents to pay for the damage of any Common Area or Facility made by someone else, each homeowner is personally responsible for any damage made by him/her or his/her family, tenants, guests, or pets. Please report any damage to the Management Company. C. RESTRICTIONS: All Homes are intended to be used for single-family residential housing purposes and are restricted to such use, however, (a) homes may be rented for long term rentals, and (b) home-based businesses are allowed. Timesharing is prohibited. a. RENTING OR LEASING: Homeowners are responsible to inform renters/leasers of all rules and/or changes in the rules. The legal owner takes full responsibility for any and all of their tenant’s damages and /or fines. Any lease agreement between an Owner and Lessee respecting a Lot shall be subject in all respects to the provisions of the CC&R’s and Bylaws. Any failure by the lessee to comply with the terms of such documents shall be default under the lease. No Lease agreement can be for less than 6 months. Lease agreements must be in writing and a copy of it shall be filed with the Association. Owners who do not reside on their Lot must provide current addresses and phone numbers to the Association (see page 19 Section 10.4 of the CC&R’s). b. HOME-BASED BUSINESSES: Businesses can have no impact on the Association beyond the ordinary impact of residential use are permissible. This deals with signs and parking (see page 11 Section 7.2 of the CC&R’s).
D. SIGNS/ADVERTISING: No signs or advertising devices of any nature, including, without limitation, informational or directional signs, devices, campaign or political signs, shall be built or maintained on any part of the Project, without the prior inspection and written approval of the Board of Directors, except as may be necessary temporarily to caution or warn of danger. If the Board of Directors consents to any such signs or devices, the same shall be removed promptly at the request of the Board of Directors (see page 14 Section 7.13 of the CC&R’s) E. RECREATIONAL VEHICLES: No recreational vehicles are permitted to remain on any Lot or on the streets and drives within Rose Gardens. Such items must be kept at all times in a garage or an off-site storage facility. Recreational Vehicles include but are not limited to: trailers, mobile homes, recreational vehicles, graders, trucks (other than pickups used solely for private and non-business use of residents of the Lot), boats, campers, wagons, buses, sleighs, snowmobiles, motorcycles, motor scooters, snow removal equipment, garden and maintenance equipment except when in actual use (see page 13 Section 7.5 of the CC&R’s). F. PARKING: Absolutely NO PARKING in front of the mailboxes, in emergency access ways or in/on the open spaces. It is highly recommended that you park in front of your own home or on your driveway and not in front of other neighbors homes. G. VEHICLE REPAIRS: No repair or maintenance work shall be done on any vehicle, other than for emergency repairs, except in an enclosed garage, or other structure (see page 13 Section 7.5 of the CC&R’s). H. TRASH: All garbage and trash should be placed in a covered container. No rubbish or debris of any kind shall be placed or permitted by an Owner upon or adjacent to any Lots, so as to render such Lot or portion therefore unsanitary, unsightly, offensive, or detrimental to other owners. Garbage cans need to be screened from view – stored behind a fence or in your garage. They should not visible from neighboring lots except on collections day, and not to exceed 24 hours. Options for screening your garbage cans can be presented to management or the board. (see page 14-15, Section 7.11 and 7.14 of the CC&R’s). I. UNSIGHTLY ARTICLES: No garments, rugs, other household items or wash lines of any kind may be hung, constructed or maintained outside of Owner’s Home. Aluminum foil, newspapers and any other similar materials may not be used to cover the windows in any Home. J. SOLICITATION: Solicitors are not permitted in Rose Garden unless authorized by the Board of Directors. If any unit owner is contacted by a solicitor please inform that person that solicitation is not allowed and you would appreciate they leave immediately. This will in most cases be sufficient, but should they continue, please notify the management company with the name and possibly the contact number of the company for additional follow up. K. NEW RESIDENTS: New Owners, Lessees and/or Tenants shall contact the management company within fourteen (14) days of moving in so the proper accounting procedures and owner/address changes can be made. L. PETS: No animals other than household pets shall be allowed (not exceeding 2 pets per Lot). No pets are allowed to leave a Lot unless on a leash or in a cage; and each pet owner must immediately remove any animal droppings and dispose of them in a garbage container. Any limited common or common area damaged by pets is the responsibility of the individual homeowner (see page 13 Section 7.6 of the CC&R’s).
2. LANDSCAPING GUIDELINES: A. LANDSCAPING APPROVALS: All initial Landscaping must be approved by the Architectural Review Committee. Plan must be created for approval (professional design recommended). Plans submitted without adequate and accurate measurements or a proper scale may be rejected. HOA members can submit the plans to the HOA office. Please submit two (2) scaled copies (1”=8’, 1”=10’ or 1” = 20’). The HOA office address & phone number is 3688 E Campus Dr. #101 Eagle Mountain, UT 84005 (801) 789-7878 If, after review, the submitted landscaping plans satisfy the landscape requirements, approval shall be granted. The Plan will be signed as approved and an approval letter will be sent with a copy of the plan and given back to the HOA member. If the submitted plans do not meet requirements, revisions shall be made or a variance may be requested to the Architectural Review Committee. Submit requests to management. Landscaping of the Front and Rear Yard should be installed according to plan no later than 180 days from construction or occupancy (whichever comes first). If occupancy occurs after snowfall, the 180 days will commence on July 1st. Owner will be fined $200 for incomplete landscaping and an additional $25.00 per calendar week from the end of the 180 days until landscaping is completed. HOA will inspect the landscaping to verify installation according to plan; fines and landscaping changes may be imposed for deviations from approved plans. B. LANDSCAPING: a. Front Yard Plan must be submitted and approved by the Board as stated in 2A. Landscaping need to be consistent with the rest of the neighborhood. There should be a minimum of 2 trees and 5 shrubs. Planters con only contain earth tone material if adding bark or rock. The tree/plant material must be chosen from the Sandy Approved Plant/Tree List. See sandy.utah.gov/ and search Tree List. All Yards must have an Automatic Sprinkler System. The control panel should be located outside the home so the landscapers can maintain them. It is highly recommended that the Sprinkler System has a Stop and Waste. If you are planning any permanent change to your yard (curbing, different tree types, etc.) it must be approved by the Board. b. Rear Yard Plan must be submitted and approved by the Board as stated in 2A. Must have an Automatic Sprinkler System. Must use the Sandy Approved Plant/Tree List. C. MAINTENANCE: a. Front Yard Front yard maintenance starts once home is completed and landscaped. If additional front yard landscaping is installed without the association approval, these areas will not be maintained. Each owner is restricted from removing or modifying trees located on lot, unless they are dead or dying. Owners are responsible at their own cost and expense to maintain and water all trees.
New tree, shrubs and other vegetation must be approved prior to installation. If installed prior to approval, it will be deemed a violation and the ARC will have the right to require Owner to restore the area at the sole cost of the owner. b. Rear Yard Rear yard maintenance is ONLY provided by the association if the gates are unlocked and the yard is cleared from toys, BBQ’s, equipment, etc. The yard must also be cleaned up of all animal feces. If any of the above is not done, you will be responsible to mow the lawn that week or you can have the landscaper come back another day at your own cost. c. Sprinkler Repair: Basic sprinkler repairs due to maintenance crew damage will be replaced at the cost of the landscaping company or association. Other repairs will be the cost of the homeowners.
3. FENCING GUIDELINES: A. APPROVAL OF FENCING PLANS Plan must be created for approval by the Architectural Review Committee.. Plans submitted without adequate and accurate measurements or a proper scale may be rejected. HOA members can submit the plans to the HOA office. Please submit two (2) scaled copies (1”=8’, 1”=10’ or 1” = 20’). The HOA office address & phone number is 3688 E Campus Dr. #101 Eagle Mountain, UT 84005 (801) 789-7878 If, after review, the submitted landscaping plans satisfy the landscape requirements, approval shall be granted. The Plan will be signed as approved and an approval letter will be sent with a copy of the plan and given back to the HOA member. If the submitted plans do not meet requirements, revisions shall be made or a variance may be requested to the Architectural Review Committee. Submit requests to management. Fencing should be installed according to plan no later than 180 days from construction or occupancy (whichever comes first). If occupancy occurs after snowfall, the 180 days will commence on July 1st. B. PRIVACY FENCE Fencing will comply with all applicable building and safety codes. Approved fencing material is Tan Vinyl Fencing. Any other fencing material shall be approved by the Architectural Review Committee. All fencing must be setback a minimum of (2) two feet from the front of the home. When obstructions exist that make it difficult to meet the setback requirements (e.g. window wells, meters, etc.), a variance may be requested from the Architectural Review Committee. All fences on a lot will be maintained by Owner and will not be allowed to go into disrepair. Privacy fences are 6 feet in height. Front yards are to remain free from fencing of any kind. No Double Gate is allowed. Enclosing Back Yard. o If enclose back yard with a gate due to a pet, homeowner becomes responsible for backyard maintenance. o If enclose back yard with a gate for privacy only, gate must be wide enough for a commercial grade lawn mower through and gates must be unlocked for maintenance.
Special fencing rules apply to Lots 220 and 221. Fences should have a non-opaque fence (no more than 3 feet tall) along the walkway between the two lots (see page 13 Section 7.4.b of the CC&R’s).
4. MAINTENANCE: A. RESPONSIBILITIES OF THE ASSOCIATION: The Board of Directors is acting in behalf of the Association and, subject to the rights and duties of the Owners as set forth in the Declaration, shall be responsible for the exclusive management and control of the Common Areas and Facilities. Landscaping of the Parks will be maintained, including weeding, mowing and sprinkler repair while the Homeowners lots will be only mowed. Owners and tenants are expected to keep yards clean and free of any personal items that may prevent or hinder maintenance. The Association also provides snow removal when the snow accumulates 2 ½ inches throughout the neighborhood. B. RESPONSIBILITIES OF THE LOT OWNER: Owners are responsible for the maintenance and repair of their own Homes. Owners shall keep their Homes in a state of good condition and repair. No Owner shall make any material alteration to the physical appearance of such Owners Home including exterior design, look, architecture, color or scheme without advance written approval from the Architectural Review Committee. Each Owner shall also be responsible for the snow removal on the driveways and walkways located within their individual Lots; IF the snow accumulation does not exceed 2 ½ inches throughout the neighborhood. C. EXTERIOR: Each Owner shall keep the exterior of such Owner’s Home, including the exterior of the door and garage, if any, in a good state of repair. No Owner shall enlarge or modify the exterior of his/her Lot or add any devices or structures such as, for illustration and not limitation, fences, greenhouses, solariums, room additions, enclosing desks, hot tubs, unless and until Owner has received written consent from the Board of Directors.
5. COMPLAINTS: In order to promote a harmonious community and provide a peaceful and quiet environment for all homeowner’s and residents, we hope that any conflicts between neighbors will be handled in a neighborly fashion, between neighbors. When that is not possible, please contact the management company, or if necessary the Sandy Police Department. When violations occur, please report them to the management company. When reporting a violation, be prepared to describe in detail the violation, date, time, your name and contact information. Violations reported to the management company will be kept confidential, when requested.
6. ASSOCIATION MEMBERSHIP, ASSESSMENTS AND COLLECTIONS: A. MEMBERSHIP: Each Lot Owner upon closing on that lot automatically becomes a member of a Utah Non-Profit Corporation known as The Cottages at Rose Garden Homeowner’s Association. Owners and Residents are bound by all governing documents, including but not limited to the General Rules. Membership in the Association is mandatory to those who own the Lot. B. ASSESSMENTS: Assessments are collected from all members to fund the following: Initial Reserve Fund
Maintenance, repair and improvements of all Common Areas Administrative expenses Enforcement Insurance Legal expenses Reserve Funding
Assessments are due in advance every year on January 1, for each year and become late 30 days after the due date. The Board of Directors has approved the option for Members to pay monthly or quarterly with all payments due in advance of the period you are making a payment for. A late fee of $10.00 is charged to all unpaid balances after 30 days. C. COLLECTIONS: Please refer to Collection Resolution.
7. ENFORCEMENT, FINES, EXCEPTIONS AND APPEALS PROCESS: A. ENFORCEMENT PROCEDURES AND FINES: COURTESY NOTICE - When a violation has been identified, the management company will make a courtesy call or send an e-mail to the homeowner to explain the concern and determine the action that will take place. If a phone number or e-mail is not accessible, a Courtesy Notice letter will be sent by US Mail to the homeowner and the renter with details of the situation and request that they contact management with a plan of action within 10 calendar days. This Notice is not considered a violation. FIRST NOTICE - If the violation has not been resolved or addressed, a First Notice Letter will be sent by US Mail re-explaining the concern and request an action plan to correct the violation. The letter will also notify them that if the violation is not resolved or the management has not been notified within 10 calendar days from the first notice with an action plan, a one-time non-negotiable fine will be attached to their account and they will still be required to correct the violation. SECOND NOTICE - If the violation has not been resolved or addressed, a Fine will be added to their account and a Second Notice will be sent by US Mail, notifying them of this action and requesting that the violation be resolved or contact management with an approved action within the next 10 Calendar days or a Third and Final Notice will be sent out with a reoccurring weekly fine and legal action may take place until the violation has been resolved. THIRD NOTICE/FINAL NOTICE - If the violation has not been resolved or addressed, the weekly reoccurring fine will be added to their account and a Third Notice will be sent notifying them of this action and remind them that legal action may take place until the violation has been resolved. FINES – Fines will be imposed as follows: 1 Notice - $0.00 2nd Notice - $25.00 one-time non-negotiable fine 3rd Notice - $10.00 fine imposed weekly until violation is resolved st
LEGAL ACTION – If no contact has been made to the management company and the violation has not been corrected, then the matter will be brought before the Board of Trustees and a decision will be made to seek legal remedy against the homeowner or to have the violation corrected
by the HOA at the expense of the homeowner. Homeowners will be required to pay any and all legal expenses, plus all fines. Pursuant to the CC&R’s, the Association reserves the right to collect any unpaid fines as an unpaid assessment, including filing and foreclosing of a lien, and seek all cost, expenses and attorney fees from the offending Owner(s)/Residents(s). B. EXCEPTIONS: May be made to the rules and/or fines for violations; however, all requests must be submitted in writing to the Board of Directors who will then decide on any specific exception. C. APPEALS PROCESS: Owners or Residents of Rose Garden may appeal any complaint or fine, except legal action, by submitting in writing a request for a hearing on the matter to the Board of Directors within five (5) days of the receipt of notice of complaint or charge. D. RULES AND REGULATION CHANGES: These rules and regulation have been adopted by the Board of Directors for the protection of each homeowner, resident and guest. Any changes to the rules and regulations may be proposed to the Board. Each homeowner will be given written notification of any changes through the newsletter thirty (30) days prior to the change(s) going into effect. For the Community Declaration, or other important documents, call the management office at 801789-7878.
