Hickory Point Guide

Hickory Point Property Owners Association

Back Up Next

Home Neighbors Assoc. Officers Owners Covenants Building Standards Common Lot Forms Hickory Point Guide Meetings/Minutes Community Local Interest Suggestions

                

                            Hickory Point Guide

 

HICKORY POINT PROPERTY OWNERS ASSOCIATION, OWNERS’ AND RESIDENTS’ GUIDE TO THE COVENANTS, BY-LAWS, DESIGN AND USE STANDARDS, MAINTENANCE STANDARDS AND RULES AND REGULATIONS

INTRODUCTION AND FREQUENTLY ASKED QUESTIONS.

WHAT IS HICKORY POINT HOA?

The Hickory Point Property Owners Association (HPPOA) is a non-profit association incorporated under the laws of the State of Kentucky. HPPOA activities are key to preserving your property and environment, protecting your investment in your home and providing for your continued enjoyment of the Hickory Point Community. A group of five (5) members annually elected by the Property Owners administer the duties, obligations and requirements of the Owners and enforce the rules set forth in the Covenants and Building Standards by Waterfront Group.

WHAT DOES HPPOA DO?

The HPPOA has two (2) primary functions:

 

1:    To provide for the continuing and efficient maintenance, preservation and operation of the community property (i.e. the common area), including open spaces and to oversee the Army Corp. areas remain as posted. The Board Officers determine the level of maintenance (full, partial or none) needed for each particular community property area.

        2. To provide for the establishment and enforcement of design and use standards

throughout Hickory Point. This is done through submitting plans to the Board

prior to the start of construction. The most desirable communities do not just

happen.

Desirable communities are carefully planned and monitored. The Developer of

Hickory Point, The Waterfront Group, established the initial plan for Hickory

Point and provided for it to be continually monitored by the Board. Hickory Point

is subject to rules and standards set forth not only by Waterfront Group but also

by the Property Owners. The rules guide the community as it matures and help

preserve the nature and character of the community.

HOW DOES THE HPPOA OPERATE?

The HPPOA Board, in addition to administering the property, preparing the budget and providing for enforcement of the rules and standards, contracts for and supervises necessary to maintain the common facilities.

HOW IS HPPOA FUNDED?

The HPPOA is a non-profit organization. Its operation involves expenses for which all Owners are assessed. Each year, each Owner must pay his or her proportionate share of dues per parcel (lot) as set forth in the the Covenants. Each Owner’s assessment is billed annually.1

WHAT DOES THE ASSESSMENT COVER?

The HPPOA expenditures preserve the natural beauty and quality that makes Hickory Point unique. The expenses include the cost of maintenance and preservation of common areas, the main community entrance signs (not those of the homeowner) insurance, accounting, electricity for entrance and legal and administrative cost. In addition, the HPPOA, to the extent possible seeks to maintain a replacement reserve fund for future major maintenance projects and capital improvement and repairs.1 The HPPOA is not responsible for maintenance, repair or replacement of the streets, streetlights, street signs, curbing, sidewalks or mailboxes. However we will monitor the roads and street signs and keep in close contact with the Judge Executor of Wayne County on the replacement or repairs of any lingering damage to those items owned by Wayne County within Hickory Point.

WHAT OBLIGATIONS AND RIGHTS DO OWNERS HAVE?

Each Owner must pay an annual assessment. In addition, each Owner and/or Resident must comply with the rules and standards in connection with maintaining, improving and/or changing his or her property and must also follow the rules and standards in connection with any use of a property within Hickory Point. Owners who are in good standing are entitled to use and enjoy all community facilities and common areas. In addition, Owners in good standing may take part in the control and operation of the HPPOA through voting and meeting preparation.

WHAT IF AN OWNER FAILS TO PAY THE ASSESSMENT?

The Hickory Point Homeowners Association provides that they have the ability to place a lien on the property of an Owner to secure the payment of the annual assessment. A Notice of Delinquency is sent to any non-paying owner to advise them of their unpaid status. It the delinquency continues a Certificate of Lien is filed, notice of the delinquency is sent or posted to the first mortgage and the matter is turned over to the Association’s attorney. The Certificate of Lien is then enforced and the lien collected by the foreclosure proceedings on the delinquent Owner’s property.1 Delinquent owners, and all occupants of the delinquent owner’s property, are prohibited from using the common areas while the delinquency exists. A similar procedure is followed in the acts of a Default (s) caused by a violation of the rules and standards. These violations must have a majority vote by the Board Officers. Owners who are delinquent or in Default are prohibited from voting in HPPOA affairs, face a suspension of privileges in connection with the use of the HPPOA property and are subject to fines and the payments of costs of curing the Delinquency, Violation and/or Default.

DOES THE HPPOA PROVIDE INSURANCE COVERAGE?

The HPPOA does not provide owners or residents any type of individual insurance coverage. The HPPOA maintains, to the extent of available insurance for the HPPOA properties and the HPPOA. Each Owner and/or resident is responsible for purchasing the individual insurance protection they require. THE USE OF HPPOA PROPERTIES IS AT YOUR OWN RISK.

WHERE CAN I CONTACT THE HPPOA?

The HPPOA does not maintain one office location. At each annual Board Officer election this information may change. Please contact the President or any current elected Board Officer with questions, concerns or suggestions. Each Owner, prospective owner and resident of property in Hickory Point may and should obtain copies of the Covenants and Building Standards including this guide by contacting the HPPOA. This should be done prior to completing the purchase of property in Hickory Point.

THE DESIGN AND USE STANDARDS

This guide and the standards and procedures set forth herein are designed to serve you as residents and owners of the Hickory Point Community.

Your life-style and enjoyment of Hickory Point is the result of a unique concept in community planning. A framework of rules and standards has been established to beautify and preserve the district character of your community. These rules and standards provide you with guidelines for a wide variety of options of improving and maintaining your property. Following the rules and standards is a requirement and enhances the value of your home and the Hickory Point Community as a whole.

This guide is designed to aid you in understanding the operation of the Hickory Point Homeowners Association and the rules and standards to you and your home or property. Design and Use Standards/Building Standards govern construction changes and approvals to your home or in some areas of your property and the property uses. Maintenance Standards set out the requirements for the continuing upkeep of your property.

The rules and standards are binding upon, and apply to, all properties, owners and residents in the Hickory Point Community. The rules and standards set out herein are the ones currently in effect for the Hickory Point Community. They may be modified and expanded from time to time. Modifications, additions and changes to the rules and standards made prior to the next printing of this guide will appear in a formal newsletter. Any modifications will be put to a vote and the majority vote will prevail.

The rules and standards’ purpose is to ensure and promote the continued planned and uniform development of the Hickory Point Community as envisioned by the developer and carried on by the Hickory Point Homeowners Association.

Please contact the Association President to ensure you have the most current copy of the rules and standards.

The rules and standards apply throughout the entire Hickory Point Community. The Board Officers carefully consider each application for the approval of work upon the basis of the purposes and objectives set forth in the association including factors, rules, standards and regulations set forth in this Guide.

WHAT BUILDING STANDARDS ARE REQUIRED?

Building type must be of stick built construction. No mobile, modular or system built homes is permitted in the Hickory Point Community.2

There is a limit to one (1) single family dwelling of no less than 1,400 square feet for any one-story structure, or 1,800 square feet for a two-story structure.3

Once construction has begun on the said dwelling, all exterior construction must be completed within one (1) year of commencement of construction.3

No structure other than a fence may be built within fifteen (15) feet of any property line.4

Exterior requirements are as follows:

Foundations must be block, brick rock or stone.2

All exposed concrete or block must have stucco, applied on or before completion of a home.2

Exterior finishes approved will be wood, log, rock or stone, stucco, brick and any combination. Vinyl or aluminum siding can be used in conjunction with any of the other exterior finishes listed as long as it does not exceed 50% of the total exterior coverage.2

Any new materials that are approved by the Kentucky Homebuilders Association may also be considered.2

Windows and doors must be of sound quality and workmanship and must be installed properly.2

All detached garages must bear the same construction and exterior materials as the adjacent home.2

All construction roof-pitch must be 6/12. This applies to outbuildings, detached garages and homes.2

There is a limit of one (1) outbuilding per parcel (lot). Said outbuildings shall be for the purpose of housing boats, RV’s, cars and lawn and garden equipment. Said building can not be constructed more than one (1) year prior to construction of the main residence. This building must be enclosed on at least three (3) sides, contain the proper 6/12 roofing system and have a door which would thus close providing all four sides of the building.2

Basic designs for external parking, landscape, enclosures of external equipment and access must be submitted to the Board Officers in a rough drawing or writing.2

THE BUILDING AND DESIGN PURPOSE AND OBJECTIVES

THE BOARD OFFICERS DUTIES

To provide and follow a systemized review and approval process for all proposed building and major exterior change to any property in the Hickory Point Community. The Board will consider the effect of the change and its impact on location, environment, adjacent properties, the particular community or association and Hickory Point as a whole;

To make you aware of the rules and standards applicable to your Hickory Point Community;

To monitor compliance with the rules and standards (including maintenance requirements);

To explain the rules and standards, the approval required and the procedures to be followed for any building and major exterior modification to a property or structure in the Hickory Point Community;

The Board Officers do not obtain permits required by the Wayne County building and zoning and other governmental codes and ordinances.

The Board Officers will attempt to review applications submitted within two (2) weeks as long as all required information is submitted.

To review and approve or reject all plans and specifications for the construction of any new buildings or structures in Hickory Point and any changes to the properties and existing structures and buildings in Hickory Point and approve, conditionally approve or disapprove by a majority vote. The applicant will be provided with a written explanation of the reason(s) for the disapproval on any application that is not approved. Applications disapproved will be kept by the Board Officers for the submission of the additional information requested. If the requested information is not submitted, the application will be disapproved and a new application must be submitted. Appeals of disapproved applications must be in writing and submitted back to the Board Officers no later than thirty (30) days after disapproval date. The disapproval date is the date upon which the Board Officers meet and denies the application or that an approved majority vote is not reached. The Board Officers will only reconsider the denial if additional information is submitted. An applicant may appeal a Board Officers decision by contacting the President of the Board in writing and providing an explanation as to why it should be reconsidered. At this time the appeal will go back to the Board Officers for review and another vote.

The review and approval performed by the Board Officers of proposed building or modification is for the sole purpose of determining conformance with the overall plan of the development of the Hickory Point Community. It is not a review or approval of the process or work involved in the construction or engineering. Construction, engineering and quality of the work are all the responsibility of the Owner/Contractor performing the work. All work done in the Hickory Point Community must comply with all applicable building, zoning and other governmental requirements. It is also the Owners responsibility at the submittal of an application for construction to provide the Board with the insurance and documentation’s set forth in the Covenants on the behalf of the Contractor performing the work. The Owners will have the ultimate responsibility to oversee the Contractors uphold and follow any and all rules and standards set forth in the Covenants/Building Standards. All contractors must supply proof of and carry insurance’s to include, but not limited to Workers Compensation, errors and omissions and liability insurance of no less than one million dollars, in order to obtain approval in advance to commencing any grading or construction on the properties within the Hickory Point Community. All major construction not approved by the Board Officers is subject to removal at the Owners’ expense.2

Contractors must be licensed and bonded and may be asked to provide the Board Officers with references.2

Contractors must provide one (1) potable toilet for each job site within the development. The contractor must present a maintenance agreement, which allows for weekly dumping/cleaning of portable toilet.2

Contractors must keep the work/construction area clear of debris and excess/waste must be taken from the construction site and/or placed in a dumpster at the end of each workday.2

The Board Officers reserve the right to levy fines of $100.00 a day on contractors who do not adequately clean the construction site and who do not have a functioning portable toilet.2

Contractors must assume liability for all construction vehicles that enter Hickory Point Community en route to their job site, specifically overweight vehicles that damage road surfaces and negligence of operators. Concrete trucks weight limit is five (5) yards per truck.2 Contractors will also be held liable for any cut, break or damage to underground utility caused by negligence.2

Contractors are also responsible for actions of any and all subcontractors.2

It will be the Owners responsibility to choose licensed and bonded contractors.2 This is for your own protection to ensure smooth and enjoyable construction process and to help lessen fraud.

The Board Officers will strongly monitor and advise the Owners under the Association Covenants set forth resulting from violations of the rules and standards.

ITEMS REQUIRING BOARD APPROVAL

As stated previously, each application of construction submitted to the Board Officers is considered and evaluated individually. The specific home design, placement and surrounding environment are all examined. A proposal acceptance in one instance or location does not eliminate the need for an application of construction if another Owner decided to build the same or a likeness of a particular home previously approved for construction within the Hickory Point Community. Decisions are not based upon the personal opinion or taste of the Board Officers. Uniform criteria implementing and reflecting the purposes of the rules and standards are followed in considering all applications. The Board Officers agree all plan I.D. numbers and Architects will be held in confidence and not shared with other Owners for the purpose of their own use or gain. The major criteria are:

Conformance with the concept of the Hickory Point Community: Hickory Point has been designed to incorporate greenbelts (owned by the Army Corp. of Engineers) and to be an open space community emphasizing the natural beauty of the area. Views from the streets surrounding Hickory Point and the streets in Hickory Point are of prime importance. These criteria impact all decisions, including those concerning outbuildings and material and placement selections.

Compliance with the rules and standards: All applications are considered for compliance with the requirements set out in the rules and standards.

Contraction and Quality: All proposed changes must be performed with the workmanship and material equal to or exceeding that of the primary residence and the other homes in the surrounding area and in conformance with all applicable zoning and building codes and ordinances.

Timing: Exterior modifications started and remaining unfinished for an extended period of time are visually unattractive and create safety hazards. Changes or construction requiring more than thirty (30) days from start to finish must be noted on the application. The Board Officers will disapprove any proposal with an unreasonable estimated completion date for the scope of the change proposed. Similarly, failure to complete the modifications within the time parameters originally set forth in the application will result in the cancellation of approval of and/or penalties. All construction of homes must be completed within one (1) year after submitting an application. If more than one (1) year passes after approval and no construction has begun, the Owners must resubmit an application for approval. If any information submitted at time of application changes, included but not limited to contractors, insurance, design or structural changes from previously submitted or a long delay or change of date that construction is to start, you must inform the Board immediately of the changes and provide in writing an update on the information required.

HOW TO APPLY FOR BUILDING OR MODIFICATION APPROVAL

Application forms are included in the back of this Guide and also on the Hickory Point website. Applications should be directed to the current President of the Association at the address set forth on your Board Officers information page in the front of this book. Keep in mind that at each annual election of Officers the submittal application address may be subject to change. In addition to all required information, as much additional, descriptive information as possible should be submitted with the application form. Applications requiring additional information will be returned, with a notation of the additional information required before the proposal may be reviewed.

The following is the minimum information required for construction or change:

Site Plan: This is most easily prepared by starting with a copy of the plot plan of your property. This plot plan is usually available from the President of the Association, county offices or lender, and you should have obtained a copy when you purchased the property from Waterfront Group. Proposed changes should be indicated on the plan, including dimensions and distances from adjacent property, houses and structures. Site plans must be at least 8 ½" x 11". Site plans must include an accurate representation of the property lines and/or survey markers. The owner is responsible to ensure that the change does not encroach on adjoining properties or violate applicable set back requirements. This also includes the consideration of the Army Corp. of Engineers properties.

Improvements: The term IMPROVEMENTS shall mean and include structures and construction of any kind, whether above or below land surface, such as, but not limited to, buildings, outbuildings, water lines, sewers, electric and gas distribution facilities. However, improvements and alterations completely within the interior of a building may be completed without approvals.5

All exteriors Elevations Affected By The Proposal: Photographs and/or manufacturers’ descriptions plus design sketch (preferably Architectural specs) should be used to convey the visual characteristics of the proposed changes. Details shown and/or listed must be sufficient for the complexity of the change sought. All elements are changed or affected by the change must be shown. The changes and effects should also be set out in a complete written description.

Materials: The materials involved in the construction or change must be adequately described and of the same or likeness to the original proposed application. No more than 50 % of the home may be in vinyl siding.2 All exposed retaining walls must have a decorative stone, block, or stucco finish.2

REQUIRED APPLICATION INFORMATION

All following information must be provided to ensure a prompt application approval:

Name and address of applicant current residence

Date of Application

Any prior Approvals by your Association

Lot designation (number) and location (lot physical address assigned by post office)

Copy of Architectural specs and plans

Plan scale and Plot plan with structure positioning

Contractor Name, Company Name, Phone number, Insurance, Workers Comp Number’s

Roof Pitch, Square Footage of Structure, and all four views of outside of structure

All Materials of Structure construction (ex. Brick, 50% vinyl, log, cedar, Stone)

Decks and all attached structures or proposed additions to new or existing structures

New submitted Improvements

Location of Fuel oil/propane tanks on site

GENERAL RULES, PROVISIONS AND MAINTENANCE REQUIREMENTS

All community property and activities on community property are subject to Hickory Point rules and regulations in addition to and all applicable building and zoning codes and ordinances.

The rules and standards and this Guide are to be read as inclusive rather than exclusive. The inclusion of a rule, standard or requirement in one section or more than one section does not in any way limit the application or change the rule, standard or requirement to a property in the Hickory Point Community or to the owners and residents of Hickory point.

Owner’s delinquent in paying the annual assessment, in Default and/or in violation of the rules and standards are PROHIBITED from using any Hickory Point Association Owned Property or Common Lot Area.

The Board Officers review and vote on the Design factors of all-new construction and major changes for compliance with the Association Covenants set out in this guide. All work must receive approval in advance. Work not approved will be subject to violations and penalty fees and/or removed at the Owners expense.5

Obtaining applicable governmental permits and approvals is always a condition for any major exterior change. The Hickory point approval does not negate the need for additional approvals by governmental bodies.

Any deviation from materials required in construction to meet the requirements set forth in the Covenants may constitute a violation/default.

Owners are responsible for violations/defaults of their residents and tenants and for any failure of their tenants to abide by the rules and standards of Hickory Point.

No activity, which would be considered by a reasonable person as offensive or noxious by reason of sound, appearance, sight, or otherwise, shall take place in, on, within or around any lot, dwelling or structure. Any activity constituting an annoyance or nuisance to other owners or occupants is strictly prohibited.

Respect neighbor’s property and wishes and get permission to cross a deeded piece of property. Remember not all wooded areas belong to the Army Corp. of Engineers and give the right to pass.

All Fuel oil/Propane tanks must be landscaped and shielded from view so as not to be visible from the street.

All realtor and "For Sale" signs must be placed at the ditch line side of the entrance as not to encroach on the Owners properties in the front of the Community. For sale signs are limited to three (3) feet by three (3) feet in size and must be clean and made of metal or wood material.6

No advertising signs may be permitted for a home-based Internet business.6

All contractors may place signs on the construction site during construction and no longer than ninety (90) days after completion of construction.

The Board will contact property Owners’ and Contractors and/or remove any signs posted that are in breach of the Covenants.

No commercial trade is allowed on any Hickory Point property other than a home-based Internet business. This home-based business may not exceed two (2) UPS, Federal Express or similar carrier express per day. All inventories must be stored indoors and out of site.6

No tractor-trailer type trucks, mobile homes or house trailers/campers may be stored or regularly parked on any lot.6

No single wide mobile homes/manufactured homes, modular buildings or buses may be situated on any lot as a residence or for storage, either temporary or permenantly.3

All necessary permits and approvals must be obtained from the Wayne County Governmental Offices prior to final approval of any swimming pool installation.

Residents must make special arrangements with their trash collection/waste removal companies for the pick up of large items and must keep these items out of view until day of pick up.

HPPOA will be responsible for mowing/bush hogging a minimum of three (3) times a year all undeveloped properties. Once you have built any structure on a parcel (lot) it is the Owners’ responsibility to regularly mow and maintain their property. The HPPOA will monitor this closely in order to maintain an appealing appearance for the entire community.12

Only standard household pets such as dogs, birds, cats (with exception and horses) are allowed within the Hickory Point Community.3

Housing and maintenance of any animals shall be kept in good repair and must conform in appearance with any dwelling upon a lot, although such improvements need not be constructed of materials identical to existing dwelling.3

When walking or exercising your pet, you must have and use, appropriate means to clean up after the pet.

No pet is allowed to be left unattended to roam or run the community. Wayne County Leash Laws are applicable in addition to these rules and standards. Pets must be on a leash at all times. Kentucky Lease Laws are included in the back of this Guide.

In consideration of your neighbors please see that your pets and All Terrain Vehicles (ATV"s) do not create a disturbance or nuisance at any time. Pet nuisance and ATV noise disturbance complaints, only if they are not satisfactorily resolved should be directed to the authorities (police).

All terrain vehicles are prohibited from the roadways within Hickory Point.8

Satellite dishes must be in accordance with the rules of the Covenants, no satellite dish over 18 inches is permitted.7

Trailers, campers and tents or camping equipment may not be left on any lot for more than ten (10) consecutive days. Permanent residence in any type of camping equipment is strictly forbidden.7

To display the shooting of firearms is strictly forbidden in the Hickory Point Community.8

The Owner is responsible when adding fencing to ensure that the fence is located on the Owners’ property.

No commercial timbering will be permitted upon any parcel (lot). Clearing for home sites will be permitted. However no more than twenty-five (25%) percent of any lot may be cleared without prior approval of the Board Officers.9

Property which lies between the lakeside property of lots and Lake Cumberland, is owned by the U.S. Army Corp. of Engineers, and is a designated green space. It must remain undisturbed in its preexisting condition and neither the Association nor any Owner shall disrupt this preserved land.10

VEHICLES AND THE COMMON LOT AREA

Hickory Point properties and its facilities and Common Areas are for the use and enjoyment of the Hickory Point Property Owners only. Owners must always accompany their guest. Trespassing, misuse or other violation may result in legal prosecution.

You will be asked to show proof of residency, license number and proof of title on any vehicle, boat etc. that you are storing in the Common Lot Area. This will provide the Board Officers with the knowledge required to keep the Common Lot for its intended use and to keep violations to a minimum. You must be an Owner of Hickory Point Property and own the vehicle, boat etc. in order for it to remain parked in the Common Lot area. The HPPOA is not responsible nor do they insure any items contained within this Common Lot location. Storage of vehicles, boats, campers etc. titled to anyone other than a Property Owner is prohibited. If you are using the Common Lot for storage you must submit the Common Lot Storage Information form to the Board Officers. If you have a relative/ friend visiting from another State and would like a temporary pass approval to park their boat, camper etc. in the Common Area please submit the Temporary Use Of Common Lot form to the Board Officers and advise us of the issue at hand, length of time for the temporary pass, dates and the name of the Titled Owner to the vehicle or craft. Forms for submitting this information to the Board or to obtain a pass will be included in the back of this Guide.

The term vehicle as used herein means passenger van, passenger sports utility vehicles, motorcycles, and standard pick up trucks and cars that are used for sole automotive transportation of a lawful occupant of a resident within the Hickory Point Community.

No mechanical repair or restorative works to a vehicle or other item may be performed in the Common Lot Area or in the streets of the Hickory Point Community. Only emergency repairs necessary to enable the disabled vehicle to be moved or transported to a proper repair facility.

All vehicles (boats, jet skis, campers, trailers, motor homes, carts, etc) must display at all times a current License plate and stickers required by (their state of residence) State Laws and be in good operating order and must be maintained as such in order to remain parked on each lot and or the privileged use of the Common Lot Area. At no time are stored, junk, inoperable, unlicensed, improperly parked will be allowed to be stored on Owners Lots or in the Common Lot Area within Hickory Point. No vehicle resting on jacks and without properly inflated tires will be permitted in the Common Lot Area.

All Owners storing vehicles, boats etc. in the Common Lot Area ASSUME THE RESPONSIBILITY AND DO SO AT YOUR OWN RISK!

The Common Lot Area Storage is on a first come first serve basis.11 Vehicles, boats, campers, motor homes etc. cannot be stored longer than six (6) months at a time without being moved from their parking space and maintained in a reasonable fashion. Please be considerate of other Owners who wish to use the Lot as well if the Lot is filling up and you have multiple storage spaces occupied.

Camping in the Common Lot Area is prohibited.11

Any action, use or activity, which alters Hickory Point Homeowners Association property, is prohibited. This includes the performance of what might be considered maintenance, i.e. mowing grass, cutting down trees, removing bushes etc.

The HPPOA and/or other Association property, e.g. greenbelts, common areas, entrance etc., may not be used for storage of anything other than a licensed operational vehicle, boat or camper/motor home, staging and/or disposal of yard waste, building materials, garbage, trash or any other materials.

Only the HPPOA may change or alter HPPOA property and/or Common Area. If a tree located on HPPOA falls on a non-HPPOA property, the Owner should contact the President of the Association to determine the procedure to be followed.

VIOLATIONS

The HPPOA may become aware of violations through Homeowners and inspections. Written signed complaints from HPPOA members alleging a violation will be investigated by the HPPOA. Upon completion of its investigation, the HPPOA will take the appropriate action, if necessary.

If the HPPOA believes the violation exists, it will issue a Notice or a Certificate of Default. The Certificate of Default initiates the commencement of the formal enforcement proceedings. If the Default (Violation) is not cured, the matter is turned over to the Association attorney for the continuation of the enforcement process through formal legal proceedings.

Violations typically occur in the following situations and should be avoided.

The HPPOA approves an application but the work is not done in accordance with the approved application. The Owner will be notified in writing of the violation. The Owner must then either correct the non-conformance or seek and obtain approval of the variance in the work by submitting an amended application.

The HPPOA disapproves the whole or part of an application, but non-approved work is done anyway.

A major exterior change is made without the submission of an application and the prior approval of the HPPOA. The Owner is notified of the violation. All work must cease and an application must be submitted to the HPPOA for review and approval. Work ultimately approved will be allowed to remain. Unapproved work must be removed and corrected. Unapproved work will not be allowed to remain and is subject to removal at the Owners’ expense.

An Owner/Resident fails to comply with the rules.

Owners are responsible for violations/defaults of their residents and tenants and for any failure of their tenants and/or residents to abide by the rules and standards.

OWNERS LIABILITY FOR ENFORCEMENT COSTS

The HPPOA is entitled to recover all costs it incurs exercising any of its rights under the Association, including seeking correction of default and or violations of the rules and standards. These costs include, but are not limited to administrative costs, attorney fees and court costs which are incurred by HPPOA in the course of enforcing rules and standards.

The HPPOA has the power to have unapproved work removed through court and other proceedings. The cost incurred by the HPPOA in having unapproved work removed is the personal obligation of the Owner. The Association shall enter the amount of the obligation, the name of the Owner, as it appears on the books and the description of the parcel (lot) in a lien record book to be maintained by the HPPOA Board Officers with the date of entry.

The Association may impose monetary fines (as well as enforcement and collection costs) for violations and/or Defaults. Fines are treated in the same manner as assessments and may be collected through the lien process applicable to the collection of assessments.

AMENDMENTS AND ADDITIONS TO THE RULES AND STANDARDS

The rules and standards of the HPPOA may be amended and/or expanded at any time. The rules and standards are continually evaluated to determine if amendments are needed to address the needs of the community as it matures and progresses. As an Owner or resident you are encouraged to submit in writing any changes to the rules and standards that you feel benefit the community. If after review by the Board Officers and possibly put to a vote by other Owners, the suggestions are found to have a positive effect on the community as a whole, they will be implemented.