TALAVERDE
RULES AND REGULATIONS
ADOPTED July 2006
I. PREAMBLE
. 3
II. ADMINISTRATION
. 3
III. OWNERS
RESPONSIBILITIES
4
IV. ARCHITECTURAL
CONTROL
. 4
V. COMMON
AREAS USE
. 4
VI. EXTERIOR
MAINTENANCE AND REPAIR
5
VII. HOLIDAY
DECORATIONS
5
VIII. INSURANCE
. 6
IX. LANDSCAPING
6
X. NUISANCE/EXCESSIVE
NOISE
.. 6
XI. PARKING
AND VEHICULAR RESTRICTIONS
. 7
XII. PETS
... 8
XIII. SIGNS
.. 8
XIV. SPORTING
AND OTHER EQUIPMENT
8
XV. RESIDENTIAL
USE
... 8
XVI. TENANTS
9
XVII. TRASH
. 9
XVIII. UNSIGHTLY
ARTICLES
9
XIX. WINDOWS
10
XX. PENALTY
POLICIES AND PROCEDURES
.. 10
XXI. ASSESSMENT
COLLECTION
. 13
ASSESSMENT AND COLLECTION POLICY OF THE
TALAVERDE HOMEOWNERS ASSOCIATION
15
FEE SCHEDULE FOR DELINQUENT ACCOUNTS
. 16
I. PREAMBLE
The purpose of the Rules and Regulations is to establish basic standards of conduct required of all members, residents, and guests of the Talaverde Homeowners Association (the Association). The Rules and Regulations are intended to ensure that every member, resident, and guest may fully enjoy their individual rights of quiet enjoyment and peaceful occupancy of their lot and their right to the common area and facilities, without unduly interfering with others rights.
II. ADMINISTRATION
A. The Declaration: Prior to the purchase of any lot within the Association, the Developer recorded a Declaration of Covenants, Conditions, Restrictions, and Reservation of Easement (CC&Rs) against all lots within the Association. The purpose of the Declaration is to maintain, protect, and enhance the Association, including all of the common areas and lots within the community. The Covenants, Conditions, and Restrictions, and Reservation of Easements legally bind each member of the Association.
B. The Articles and Bylaws: The Association is a non-profit corporation
organized under Chapter 81 of the Nevada Revised Statutes. The filing of Articles of Incorporation for
the Association with the Nevada Secretary of State establishes the Association
as a legal entity with all the rights and privileges atten
C. Rules and Regulations: The Board of Directors of the Association is vested with the responsibility to adopt reasonable Rules and Regulations governing the use of lots, Association property, and the common areas and governing the personal conduct of members, residents, and their guests. The Declaration, Articles of Incorporation, Bylaws, and Rules and Regulations are the governing documents for the Association and control its daily affairs.
D. Management: In as much as the Association is a non-profit corporation governed by a volunteer Board of Directors, the governing documents provide for daily regulation of the Association by professional management. The Association Manager reports to and is responsible solely to the Board of Directors. The Association Manager does not make or change Association policies; as such authority is exclusively reserved to the Board of Directors. The Association Managers responsibility is to assist the Board of Directors in their duty to maintain, protect, and enhance the Association. The governing documents and proper implementation by the Board of Directors, working with its Association Manager, provides the basis for the Association to maintain, protect, and enhance the Association.
III. OWNERS RESPONSIBILITIES
It is the responsibility of each homeowner to see that all residents, guests, and persons inhabiting their lot are in compliance with the CC&Rs, Rules and Regulations, and all governing documents.
A.
The Rules and Regulation set forth below apply to owners, residents, and
guests of the Association. It is each owners responsibility to make
certain if they lease of rent their home that the resident receives a copy of
the Rules and Regulation.
B. Each owner, at his owner expense, is to keep his unit and all improvements thereon in good order, and in a clean and sanitary condition.
IV. ARCHITECTUAL CONTROL
A. No patio fence, entry gate, or wall may be altered in height or modified in any way without obtaining prior written approval from both the master associations Architectural Control Committee and Talaverdes Architectural Committee.
B. No building fence, wall, other structure, or improvement shall be commenced, erected, placed, remodeled, or altered upon, until prior written approval is obtained from both the master associations Architectural Control Committee and Talaverdes Architectural Committee.
C. Failure to obtain approval from both Summerlin West Community Association and Talaverde Homeowners Association prior to commencing exterior modifications will result in a fine.
V. COMMON AREA USE
A. The Developer has provided and the Association will continue to maintain a common area, which include entry gates, park, and street lights as shown on the recorded subdivision plat mat.
B. Common areas may not be used for storage or parking purposes.
C. No activity is permitted that causes damage or defaces the common areas and improvements thereon. Individuals who are responsible for any such damage will be expected to fully reimburse the Association for all expenses incurred in the replacement or restoration of damaged items. Violators will be prosecuted to the fullest extent of the law.
D. No planting may be done in the common area by an owner, except at the direction of Board of Directors.
VI. EXTERIOR MAINTENANCE AND REPAIR
A. Each unit owner is responsible to maintain, repair, and replace all portions of his or her unit at their own expense.
B. Walls and/or fences constructed by the Declarant are the responsibility of each unit owner to maintain, repair, or replace. Changes or alteration to any wall and/or fence requires prior written approval from both the master associations Architectural Control Committee and Talaverdes Architectural Committee.
C. All units must be maintained in a neat, sanitary, and attractive condition at all times. No storage of any kind is permitted on the exterior of any lot.
D. Animal waste must be removed and properly disposed of immediately and may not accumulate on a lot or common area causing or creating an offensive odor.
E. All lots must be in good condition and repair at all times, including, but not limited to, the Residence and appurtenance thereof, including garage, garage light, driveway area, wall, fence, gate, and fixtures.
F. No improvement, painting, excavating or other work that alters the exterior appearance of a unit is permitted without obtaining prior written approval from the Board of Directors/Architectural Committee.
G. No temporary structure, trailer, mobile home, camper, tent, shack, garage, barn, or other out-building shall be stored or placed on a lot at any time.
VII.
All holiday decorations and lights are permissible four (4) weeks before the holiday and must be removed two (2) weeks after the holiday.
VIII. INSURANCE
Nothing is permitted to be kept or done within a lot or in the community that would increase or create the cancellation of insurance pertaining to any portion of the community.
IX. LANDSCAPING
A. All landscaping changes and improvements must be submitted in writing to both the master associations Architectural Control Committee and Talaverdes Architectural Committee and receive written approval from both Committees prior to the commencement of installation. Installation of any exterior modifications without the above mentioned approvals may be subject to fines and/or sanctions.
B. Rubbish, debris, and storage items may not be placed or permitted to accumulate on any portion of a lot.
C. Owners are responsible to maintain all landscaping in a healthy and vigorous condition at all times, remaining free of weeds, debris, etc.
D.
Failure to meet the requirements of this section will result in a single
courtesy letter. A subsequent violation
will result in a hearing. Recurrence of
said violation will result in continuing fines.
Installation of an exterior
modification without approval will result in an immediate hearing letter.
X. NUISANCE/EXCESSIVE NOISE
A. No odor is permitted to arise from any lot. No lot at any time is permitted to be or become unsanitary, unsightly, or offensive to any other lot owner.
B. No noxious, offensive trade or activity shall be conducted on a lot, nor shall anything be done that may be or may become an annoyance or nuisance to neighbors.
C. Loud noise, external speakers, horns, bells, or other sound devices (other than security devices used exclusively for such) are not permitted.
D. Noisy or smoky vehicles, large power equipment or items that may interfere with television or radio reception of any owner is not permitted to be used or located on any portion of a lot.
E. The
Board of Directors shall have the right to determine, in accor
F.
Use of any fireworks within the confines of Talaverde must comply with
any county, city, and local ordinances and shall cease at
XI. PARKING AND VEHICULAR RESTRICTIONS
A. The following vehicles are not permitted to be parked on any street or any driveway of a residence, including, but not limited to, a mobile home, truck over one ton, commercial van or similar recreational vehicle, boat, trailer, camper, motor home, or other reasonably similar vehicles. Parking of such is permitted completely within the enclosed garage. Temporary parking of vehicles for deliveries, loading, and unloading is permitted.
B. Overnight parking in the streets by residents of Talaverde HOA is not permitted. Residents should park in their garage or in their driveway.
C. Repair or restoration of vehicles is not permitted unless completely within the garage. Such activity shall at no time be permitted if it is determined to be a nuisance by the Board of Directors and not contrary to any local ordinance.
D. Inoperable, disabled, non-registered, or unlicensed vehicles are not permitted to park anywhere on the property, unless within the enclosed garage. Such vehicles shall be booted after two warnings or towed 48 hours after being tagged. Owners may also be liable to the fining process if identified.
E. Parking is not permitted on what is considered to be landscaped area.
F. Garages to be used solely by owner or occupant of unit only to the extent that it does not preclude vehicle from being parked in garage.
G. Garage doors are to be kept closed, except for reasonable periods while being used.
H. No resident or guest vehicle shall be parked so as to impede the normal flow of traffic or block access to other residents driveways.
I. Unlicensed motorbikes, motorized scooters, motorcycles, or similar vehicles are not allowed.
J. Dirt bikes or similar unlicensed vehicles will not be operated anywhere in the complex, including streets therein.
K. Licensed motorcycles anywhere in the complex shall be operated at low RPM engine speed to minimize noise pollution.
XII. PETS
A. No more than four (4) common household pets, such as dogs and cats, are permitted per lot. No animals may be kept, bred, or maintained for any commercial purpose.
B. Pets must be kept within an enclosure, enclosed yard, or on a leash or other restraint being controlled by a person capable of controlling such animal at all times.
C. Pets are not permitted to be left unattended in any common area. Pets are to be kept on the owners lot, except when under leash or when being transported to or from the lot in a motor vehicle.
D. Pets are not permitted to cause or create a nuisance or unreasonable disturbance to other neighbors.
E. Excessive barking, whining, etc. should be reported to Animal Control and management at the time the infraction occurs.
F. Pet owners are responsible for immediate removal of any waste from their pet on their lot, common area, owners yards, etc.
XIII. SIGNS
One (1) standard for sale or for rent sign is permitted per lot, not to exceed 18 x 24 inches in the window of the unit.
XIV. SPORTING AND OTHER EQUIPMENT
All portable equipment, including, but not limited to, a lawn mover, wheel barrow, tools, or other reasonable similar equipment shall be stored in the garage of a lot or adequately obscured from view of the street or other lot during non-use of such equipment. Non-use refers to any reasonable period of time the equipment is not in use and overnight.
XV. RESIDENTIAL USE
A. Each lot may only be used for single family residential purposes and timesharing is not permitted.
B. No industry, business, trade, or commercial activities shall be conducted, maintained, or permitted on any portion of a lot. Transient, hotel, or motel purposes are not permitted on any lot.
XVI. TENANTS
A lot may not be leased or rented for a term of less than sixty (60) days and all leases and rental agreements shall be in writing and subject to the restrictions of the CC&Rs. Owners are responsible for the action of their tenant(s). Any owner leasing or renting their property must comply with the following:
1. Provide management with a completed Rental Registration Form for the Association files. The owner is responsible for keeping the form updated (Forms are available through management and may be duplicated for future use.)
2. Provide tenant(s) with a copy of the CC&Rs and/or Rules and Regulations.
3. Homeowners are responsible for the actions of their tenants. It is the responsibility of the Homeowner to ensure that their tenant reads and understands as well as complies with the CC&Rs and the Rules and Regulations of the Association.
XVII. TRASH
A. All trash must be kept in covered and secured refuse containers and recycling bins, which must be stored and screened from view of the street and neighboring lots.
B. Trash, in containers or plastic bags, shall not be taken to the curb/street more than twelve (12) hours prior to scheduled collection and removed no later than twelve (12) hours following collection.
XVIII. UNSIGHTLY ARTICLES
A. No unsightly articles are permitted to be visible from any street, lot, or common area, including clotheslines, refuse, hoses, storage on back or side yards, etc.
B. Determination of unsightly articles is at the sole discretion of the Board of Directors.
XIX. WINDOWS
A. Window coverings, such as vertical blinds, mini-blinds, draperies, curtains, and shutters are permitted, and should be kept in good maintained condition at all times, as they can be viewed from the street.
B. Aluminum foil, newspaper, sheets, cardboard, reflective tint, paint, etc. are not permitted to be used as window coverings.
THESE RULES AND REGULATIONS ARE SUBJECT TO CHANGES, ADDITIONS, AND/OR AMENDMENTS BY THE BOARD OF DIRECTORS.
XX. PENALTY POLICIES AND PROCEDURES
The Board of Directors of Talaverde Homeowners Association has the responsibility to conduct, manage, and control the affairs and business of the Association, and to adopt reasonable rules and regulations governing the Association. The Board of Directors is also responsible for enforcing the Restrictions found in the Declaration of Covenants, Conditions, and Restrictions of Easement for Talaverde Homeowners Association (the Declaration).
Accordingly, to provide for continuing proper operation of the Association, the Association, through its Board of Directors, has approved the following enforcement Policies and procedures for Declaration now in force or as amended hereafter, and for the rules as may be hereinafter adopted, amended, or repealed.
A. Policy
Violation of the Declaration and/or Rules is subject to the following Penalties:
1. First violation notice: Warning requesting compliance without monetary penalty.
2. Second violation notice: Hearing scheduled, subject to $100.00 fine, if the violation is not cured prior to the hearing date.
a. After sending the hearing notice, the offending member is requested to appear before the Board of Directors at a hearing. The offending member is subject to a $100.00 fine as a result of the violation and in addition, the Board of Directors shall have the power to levy a fine against the member of up to $1,000.00 for repeat violations or for any serious injury caused as a result of said violation.
b. If the said violation has not been cured within 2 weeks after the date of a result letter being sent to the offending member and the violation is of a continuing nature then the fines will continue at the rate of $100 per week until said violation has been cured.
c. If the violation has resulted in damage to the common area, the Board of Directors may order that the damage be repaired at the expense of the offending member.
3. A violation shall be deemed to be a second violation when the Association confirms the violation is still in existence after the first violation notice was sent, and expected to be received and remedied by the offending member (usually 7 days).
4.
In accor
B. Procedures
Prior to the imposition of any penalty for violation of the Declaration of Rules, the Association shall provide the offending member with notice of the violation and an opportunity to be heard in person or through a representative at the hearing, as hereafter outlined.
1. Notice
a. Upon receipt of a written report or a visual recordation by the Board of Directors or Management of a violation of the Declaration of Rules by a member, guest, or minor children, the Board of Directors will have issued a Courtesy Letter informing member of said violation.
2. Hearing
a. If the member fails to take action to cease and desist from further violation after receiving the notice of violation, the Board of Directors or its designee shall order a hearing, if the Association desires to impose any penalty.
b. At the hearing, the accused member may present any evidence of make any statement relating to the violation, either in person or in writing to the Board of Directors.
c. The violating member may submit a written statement in lieu of attending the hearing.
d. The Board of Directors or its designee shall have the right to limit the time of the hearing and limit the time in which any evidence may be presented.
3. Violation
a. Upon hearing the evidence or reviewing the correspondence, the Board of Directors, or its designee, may, by a majority vote:
1. Find no violation exists.
2. Find that the member is in violation and imposes the penalty as set forth hereinafter.
4. Penalty
In the event it is determined that a violation exists or was committed, the Board of Directors or its designee may order any of the following penalties:
1. Require the offending member to sign an agreement to correct the violation within a specific time frame.
2. Impose up to a $100.00 fine for each violation or a total amount of $1,000.00, whichever is less, and collect such fines as a Single lot Assessment as provided in the Declaration, Article XVII, Section 18.2. The Board of Directors shall have the power to levy a fine against the member of up to $1,000.00 per repeated violations or for any serious injury caused as a result of said violation.
3. Suspend or condition the right of the member to use any facilities owned, operated, or maintained by the Association, as provided in the Declaration.
4. Suspend the members voting privileges as provided in the Declaration.
5. Non-Compliance
a. If, after the hearing, the offending member refuses to abide by the decision imposed by the Board of Directors, or its designees, the Association may, without further notice, elect to compel compliance as provided in the Declaration, including, but not limited to, recording a lien against the members lot in Talaverde for failure to pay the monetary penalty imposed. The Association may further proceed against the violating member by initiating litigation to recover the lien amount with all costs and fees incurred as a result of such lien.
b. If any member accused of a violation of the Declaration or Rules, after notice as provided herein, shall fail to appear for hearing, the Board of Directors, or its designee, shall proceed in their absence and make a determination based on the facts presented.
c. Any action taken by the Association shall not deprive either party of any remedies provided herein. All remedies are cumulative and none shall be exclusive. Association members shall be required to exhaust all internal remedies of the Association before resorting to a court of law.
XXI. ASSESSMENT
COLLECTION
WHEREAS, Article 8 of the Bylaws of the Talaverde Homeowners Association gives the Board of Directors the power to impose a reasonable charge for late payment of assessments, and
WHEREAS, there is a need to establish a procedure for collection of maintenance assessments, and
WHEREAS, it is the intent of the Board of Directors to implement a procedure for collection of common expense assessments as defined in Section 18.2 of the CC&Rs
NOW, THEREFORE BE IT RESOLVED that the following policy has been adopted by the Board of Directors to be effective immediately:
1. The annual assessment, as referred to by the governing documents, shall be due in monthly installments on the first (1st) day of the month for which it applies, and if not paid in full by the last day of the month, a late fee of $25.00 shall be added to the amount of said installment.
2. The following procedure for collection shall be initiated on all delinquent assessments:
On the first day of the month following the month of delinquency: A twenty-five dollar ($25.00) late fee shall be added to the amount of said installment and a late statement mailed to the owner via first-class mail.
Sixty (60) days delinquent: Letter of intent to lien to owner by postage prepaid, return receipt requested.
Ninety (90) days delinquent: The account will be turned over to an attorney, escrow, or title company for lien and foreclosure proceedings.
3. All expenses and interest incurred for the collection of a delinquent assessment shall be the sole responsibility of the property owner and payable prior to release of the lien.
4. Good faith Agreements to resolve delinquent assessments after the filing of lien may be considered by the Board of Directors on an individual basis. Initiation and responsibility of such an agreement shall rest solely with the property owner and shall in no way relieve the owner of any expenses incurred or accruing.
5. All payments will be applied to the delinquent account in the following order:
1. Current assessments
2. Past due assessments
3. Late charges
4. Fines
5. Legal fees
Assessment and Collection Policy of the Talaverde
Homeowners Association
It is the fiduciary responsibility of the Board of Directors to set the fees for assessments and to see that the assessments of the Association are collected in a timely manner in order to ensure a fiscally sound Association.
The following collection policy has been adopted by the
Board of Directors in accor
1. Annual Assessments
Assessments shall be made annually by the Board of Directors
in accor
2. Payable Monthly
Assessments may be paid monthly. If paid monthly, each monthly installment will be due and payable on the first day of each month. If fees are not received by the last day of each month, the account will be termed delinquent.
3. Late Penalty
A grace period of one (1) month will be allowed for any monthly installment, after which a late fee penalty of twenty five dollars ($25) will be assessed on any payment received after the last day each month, which will be considered additional assessments.
4. Notice of Delinquent Assessment
Any account that becomes thirty (30) days or more delinquent will be subject to a delinquent notice and will be charged an administrative fee, which will be considered additional assessments.
5. Intent to Lien Notice
Any account that becomes sixty (60) days or more delinquent will be considered a continuing delinquency and will receive a formal demand for payment, which will include a notice that lien will be filed on the property if the full balance due on the account is not received. An administrative fee will be charged. Said fee will be considered additional assessments.
6. Lien
Any account that is ninety (90) days or more delinquent will have a lien recorded and/or perfected against the property pursuant to NRS 116. An administrative fee will be charged. The administration fee, and all additional legal expenses incurred, will be considered additional assessment.
7. Foreclosure
The Association will proceed with foreclosure on any
delinquent account that has been properly notified in accor
8. Transfer Fees
The Association shall collect a transfer fee for each property for which ownership transfers for any reason whatsoever. The fees shall be used at the discretion of the Board of Directors to supplement the operating account, or deposited into the reserve account for capital replacements.
9. Fees
All Administrative and/or Transfer fees will be charged in
accor
Fee Schedule for Delinquent Accounts
1. Late fee penalty will be assessed in accor
2. Administrative fees charged to delinquent accounts sixty (60) days past due and ninety (90) days past due will be outlined in a letter from the collection agency to the delinquent homeowner after the 60th day.
Adopted July 19, 2006, 2006