2014 CC&R Review -- The Full List

Clauses for Removal

• No storage in any garage spot. The intent is good (getting people to keep cars in the garage), but it is badly worded. Instead it should read, "No vehicle shall be parked in the driveway when there is at least one space in the garage without a vehicle."

• All references to Declarant. [Note: this is a big task, perhaps it would be easier to just leave them for now, since they have all expired and everyone likely understands that.]

Conflicts

• The CC&Rs require that the Architecture Committee have five members, but currently five members do not vote on submitted plans. We should have a five-person Architecture Committee to be compliant with the CC&Rs.
• The CC&Rs restrict the number of signs to one, but the R&Rs suggest that three or more would be allowed. Since the board cannot alter the CC&Rs, this provision of the R&Rs is void and should be removed. We should follow the CC&Rs' one sign rule. In the event a person wants more than 1 sign the architecture committee must approve.

Omissions

• Trash cans must be stored out of view except on the day of collection and before noon on the day after collection.
• Mailboxes may not be altered without the written permission of the Architecture Committee. Replacing a mailbox is only allowed if replaced with the same size and style.
• Hoses may not be stored where visible.
• Definition of visible (or "in view"): in sight of a six-foot-tall person standing anywhere in the street in front of the property in question.
• A clause clarifying that the board may not enact rules that are less restrictive than those in the CC&Rs. This is the natural outcome of the board not being allowed to alter the CC&Rs, but in other communities they state it explicitly to avoid confusion. Alternatively we could add a clause indicating that in the event of a conflict between the CC&Rs and Rules and Regulations, whichever of the 2 is most restrictive shall apply.
• Table of Contents, Article I. Section 6 ("View Maintenance Area") is missing.

Other Changes

• Article VIII, 1.N. (page 18): Annual professional inspections should be cut back to every two years to save money. Volunteer inspections are sufficient and more cost effective at finding issues at the current time.
• R&Rs, 3.F.1.: Any outside wiring should be run so as to not be visible. This is preferable and the rule should be changed to indicate this. Extra wording like this would work: "However, it is preferable for such wiring to be run inside the house, or to be installed where it is not visible. This eliminates all possibility of aesthetic problems and is beneficial for the wiring as well."
• Article XV, 2.a.ii. (page 35): The restrictions on decorative structure elements are given as variables (x, y, and z) rather than actual numbers, making it hard to enforce this restriction. These variables should be replaced with actual values. Proposed: x=4, y=10, z=10.
• Article XVII, Section 9. (page 39): As written, the owner may not rent out any rooms in the house, only the whole house. This should be changed to allow an exception: one lease of less than the entire Lot, provided that the owner is residing at the Lot.
• Allow only members in good standing to serve on the board. The Bylaws, Article VI, say that "nominations may be made from among members or non-members." This should be changed to say, "nominations may be made from among members in good standing."

Missing Rules

• Prevent noxious fertilizing on the weekend. A new rule should be added. "No owner shall spread strong smelling fertilizer (manure, etc.) on Friday, Saturday,or Sunday.".

Notes