OLYMPUS I HOMEOWNERS ASSOCIATION (OIHA)
(a Bothell neighborhood)
 
RULES & REGULATIONS
(Effective Date: February 1, 2013)
 
 1.  APPLICATION AND AUTHORITY

1.1       Purpose.  These Rules and Regulations (“Rules”) have been established to ensure the maximum enjoyment of the neighborhood by all residents, protect the investment of the Homeowners and make the neighborhood, as a whole, a place where Homeowners take pride in the property.

 1.2       Authority.   These Rules have been approved by the Board of Directors in accordance with the Washington State’s Homeowners’ Associations statute (RCW 64.38), the Association’s Declaration, Articles and Bylaws and are subject to change with written notice to all Homeowners and residents to their Address of Record.

 1.3       Inclusion of CC&Rs.  These Rules are intended to supplement the Association’s Declaration of Conditions, Covenants and Restrictions (“CC&Rs”). The contents of the Declaration of Conditions, Covenants and Restrictions are incorporated herein by reference.

 1.4       Publication.   A copy of the Rules shall be provided to or sent to all Homeowners at their Address of Record. Homeowners are responsible for providing a copy to tenants.

 1.5       Universal Application.  All Homeowners, tenants, guests and pets are subject to these Rules.  It is the responsibility of the Homeowner(s) to notify tenants and guests of these rules, and the Homeowner shall be held responsible by the Board of Directors for actions of the residents/guests in violation of these rules.

 1.6       Conflicts.  In the event that these Rules conflict with the Declaration (the CC&Rs), the Declaration shall control. 

2.         GENERAL RULES

2.1              Address of Record.  The Address of Record for any Homeowner will be the street address of the property located within the boundaries of the Olympus I Homeowners Association, unless the Homeowner provides an alternate Address of Record to the Association in writing.  Any notices mailed to the Address of Record shall constitute official notice, even if the Homeowner no longer resides at the residence, if alternate Address of Record is not provided.

 2.2              Telephone Numbers and Email Addresses.  All Homeowners are requested to provide current phone numbers and email addresses to the Board and/or Office Manager. This information will be kept private  and used only by the Board of Directors for business purposes.  No phone numbers or email addresses will be given to or shared with any other party.

2.3              Noise Pollution.  Noise must not be audible outside any residence after 10 PM, in accordance with noise regulations of Snohomish County Code and/or other governing agencies.

 2.4     Vehicles/Parking.  Vehicles used for private purposes and not for trade or business (including automobiles, trucks, motorhomes, boats, and trailers of any description), shall be parked only on improved parking areas. Improved parking is defined as a moss-, grass- and weed-free surface paved with asphalt, concrete, crushed rock, gravel or such other materials as the Board may designate as appropriate. All vehicles must be in good repair and appearance, and must have a current registration. Parking, storing or otherwise maintaining any vehicle, which by its physical condition is inoperable (i.e., flat tire, missing engine, missing transmission or wheels, or any other condition that makes it inoperable), is prohibited. Canopies removed from trucks must be placed on improved parking areas. All vehicles parked on or around residential Lots must be of reasonable size and number. Vehicle parking on streets within Association boundaries must comply with Snohomish County and/or other governing agency’s laws.

 2.5       Other Parking/Storage.    Per Article VI, Section 1 (d) of the CC&Rs: No goods, equipment, vehicles (including buses and trailers of any description) or materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, shall be kept, stored, dismantled or repaired outside any building on any residential Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 

2.6       Parking/Storage on Common Area.   Per Article VI, Section 1 (p) of the CC&Rs: No trailer, camper, or disabled vehicle shall be allowed to remain on any part of the OIHA Common Area for a period of time exceeding 72 consecutive hours. In the event this restriction is violated, the Association may cause the offending vehicle to be towed and the charges therefore shall be a lien against the property of the Homeowner in whose name the vehicle is registered or who invited the owner thereof into the area if the vehicle’s registered owner is not a Member of the Association.

 2.7       Guests Staying in Vehicle.  No trailer, motor home or other vehicle placed within Association boundaries shall be used as a temporary residence for more than one week.

 2.8         Vehicle Repairs.  Per Article VI, Section 1 (q) of the CC&Rs:  No repairs or service to any vehicle will be permitted in or about any area open to public view; provided, however, that minor routine maintenance work on the owners’ own vehicles or emergency repairs that can be performed in a reasonable period of time is permitted. Toxic fluids from vehicles, such as anti‑freeze or oil, may not be discharged into the sewer or drainage systems.

 2.9     Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any OIHA Lot, except for dogs, cats or other household pets that are maintained in compliance with existing laws and regulations. No pets can be kept, bred or maintained for any commercial purposes. The foregoing is also intended to exclude the keeping of any pets, such as cats, dogs or birds, in numbers or under conditions reasonably objectionable in a densely populated residential community. No pets permitted hereunder shall be allowed beyond the Homeowner’s own Lot unless the animal is securely fastened to a leash or other restraining device. The person accompanying the animal must remove animal waste deposited on lawns, right-of-ways and any OIHA Common Area. All pens and enclosures shall be kept clean and odor free at all times. Homeowners must comply with Snohomish County codes regarding pets to keep from creating a public nuisance.

 2.10      Adult Family Homes.  Article VI, Section 1 (d) of the CC&Rs prohibits a business or commercial activity of any kind to be conducted on any residential Lot. However, RCW 64.38.060 states that any provision in a Homeowners’ Association governing documents that prohibits the operation of an adult family home licensed under RCW 70.128 is unenforceable. Operation of an adult family home not licensed under RCW 70.128 is prohibited within any buildings located on any residential Lot located within the boundaries of OIHA.  An adult family home that is licensed under RCW 70.128 is subject to all remaining CC&Rs and Rules and Regulations of the Association.  

 3. ARCHITECTURAL, EXTERIOR APPEARANCE,
CHANGES AND IMPROVEMENTS

The following restrictions and guidelines are applicable to construction, maintenance and improvements on all the residential properties. All projects must meet applicable building codes.

 3.1       Prior Written Approval Required for ALL Projects.   Per Article V of the CC&Rs, no building, fence, hedge, wall, planting enclosures exceeding one foot (1') in height, or other structure including pools, decks, hot tubs, sheds, playhouses, sports courts, arbors, outbuildings, cement work, change in landscaping surface exceeding fifty (50) square feet, etc. shall be commenced or erected upon the Properties, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Board of Directors of the Association or by the Architectural Committee composed of three or more representatives appointed by the Board. 

 (a) Architectural Application.  To request approval, complete and submit an Architectural Application to the office at least 30 days prior to your project start date. These forms are available from the Association office or website.  Commencement of any project without written approval by the Architectural Committee will constitute a violation.  All work must be completed within nine months of approval.    The Architectural Application  must include the following documentation:

1.  Copy of all materials, specifications and designs for improvement

2.  A drawing illustrating the exact location of new structure in relation to property boundaries, existing structures and adjacent streets, including all measurements

3.  Paint chips for all colors to be used on siding, doors, trim, etc.

 (b) Notification.  Homeowner will be notified by mail of the Board’s or Committee’s determination within 45 days.  In the event said Board or the Architectural Committee fails to approve or disapprove such design and location within 45 days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with.

 3.2       Roofing.  Roofing material shall be limited to composite shingles, cedar shakes or such other materials as the Board may designate as appropriate. Changes in roofing materials and/or color require the prior written approval of the Board of Directors or the Architectural Committee of the Association. The roof must be maintained in a clean and moss-free condition.

 3.3       Siding Materials. The following materials are hereby deemed acceptable as finished sidings on buildings within the neighborhood: Cedar, Hardiplank, LP or WP or such other materials as the Board may designate as appropriate.  Brick, Stone, and Masonry (stucco) may be used as a decorative element only. Approval is required for siding on new structures, as well as re-siding an existing structure.

 3.4       Exterior Maintenance.  The exterior of all buildings shall be maintained in good repair and free of moss, mold or mildew. Broken windows and/or garage doors or structures in disrepair, incomplete improvements or any other visual defects that may cause property devaluation are prohibited. Peeling paint and excessive and/or uneven paint or stain fading is prohibited.

 3.5       Painting. Per Article VI, Section 1 (o) of the CC&Rs:  Changes of the existing color of any exterior surface of the home (including siding, trim, doors, etc.) require the prior written approval of the Board of Directors or the Architectural Committee of the Association. 

 3.6       Driveway/Concrete Work/Walkways.  Architectural Application must be approved prior to installation or changes to existing driveway, walkway or other paved surfaces or improved parking areas. All paved surfaces and improved parking areas must be kept clean of debris, grass, weeds and/or moss or mildew growth.

 3.7       Signs/Decals/Posters.  Per Article VI, Section 1 (k):  No signs shall be erected or maintained on any Lot, except that one bona fide FOR SALE or FOR RENT sign, not to exceed 18 inches in width and 24 inches in length, may be displayed on any Lot.  Political yard signs not more than five square feet, of a temporary nature, will be allowed on Lots during campaign periods. Such signs must be removed from Lots within five days of the occurrence of the election. Garage sale signs must be removed within five days of the sale. No inappropriate or offensive decals, signs or posters shall be displayed on any window.

 3.8       Flags.  Homeowners may display a national flag and one decorative or team flag.  A flag may be displayed on a bracketed or free-standing flagpole of reasonable height for a residential neighborhood. Flags cannot be torn, faded or controversial in nature.

 3.9       Window Coverings.  Windows should be covered with properly installed draperies, curtains, blinds or other suitable material. Covering windows with towels, sheets, blankets, newspaper, foil or other reflective materials or other unsuitable material is prohibited. If window air conditioners or fans are installed, any window opening cover shall be painted to match house color. Any exterior support shall be of appropriate material and construction.

 3.10     Porch and Deck Furniture.   Any furniture placed on porches or decks shall be outdoor furniture and maintained in good condition.

 3.11   Antennas/Satellite Dishes.   Per Article VI, Section 1 (i) and (n) of the CC&Rs:  No external television antennas shall be erected, installed, or maintained without the prior written approval of the Association’s Board of Directors, except as provided for in Federal Communications Commission rules for Over-the-Air-Reception Devices (“OTARD” rules). No radio or television antennae shall be permitted to extend more than ten feet above the roof line of any residence without the written approval from the Board of Directors. All outside radio aerials/antennas, as well as satellite dish antennas greater than 40 inches in length or diameter, are prohibited. Brightly colored aerials, antennas, or satellite dish antennas are prohibited; neutral gray colors and colors matching the building to which aerials, antennas, or satellite dish antennas are to be attached are permitted.

 3.12    Tarps and exterior coverings.  Vehicle covers must be in good repair and free of mold and mildew.  Neutral colors are required for tarps and other coverings in front and side yards.

 3.13     No Above-ground Power Lines.  No outdoor overhead wire for the distribution of electricity or for telecommunication purposes nor any pole, tower or other structure supporting said outdoor overhead wires shall be erected, placed or maintained within the properties.

 3.14     Fences. Fences shall be well constructed of suitable fencing materials, shall be artistic in design and shall not detract from the appearance of the house on the Lot or the neighboring properties.  All fences must be maintained in good repair, including but not limited to, cleaning and treatment to prevent moss and mildew growth.

 (a)  Pre-approval Required.  Per Article V of the CC&Rs and Rule 3.1 above:  Approval by the Architectural Committee is required prior to beginning any fence project other than an exact replication of an existing fence. The application must include a drawing of the design and specifications describing the type, shape, materials, height, complete dimensions and exact location of the fence in relation to the property boundaries, existing structures and adjacent streets. It is the applicant’s responsibility to locate and identify the property markers prior to Architectural Committee review. All fencing applications must be submitted at least 30 days prior to the beginning date of construction.

 (b)   General Conditions.   Per Article VI, Section 1 (i): The following are general conditions for approval of proposed fencing projects:  The property line is defined as 30 feet from the center line of a 60 foot right of way and 25 feet from the center line of a 50 foot right of way.

1. All Lots Other Than Corner Lots. No fence, hedge, or mass planting, other than foundation planting, shall be permitted to extend nearer to any street than the property line of the residence, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall, provided, however, that no fence, hedge, or mass planting shall at anytime, where permitted, extend higher than six feet above ground.

A.  Front Fences.  Any fence affronting a street shall be for these purposes considered a front fence, and cannot be more than 42 inches in height.

B.  Back and Side Fences. The fence running along the back and side up to the minimum setback line or residence shall extend no higher than six feet in height.

C.  Side Fences in Front.  The fence between the minimum setback line of residence and the front property line of residence shall extend no higher than 42 inches in height.

2.  Corner Lots.  A corner Lot shall be a Lot which affronts not only one but two of the named streets of the following:  Brook Boulevard, Twenty First (21st) Drive (Cricket Path), One Hundred Seventy Seventh (177th) Street, Twenty Third (23rd) Avenue, Valley Circle Road, Twenty Fourth (24th) Avenue, One Hundred Seventy Fifth (175th) Street, One Hundred Seventy Second (172nd) Place. A corner Lot shall consist of one back, one side, and two fronts.  No fence, hedge, or mass planting, other than foundation planting, shall be permitted to extend nearer to any street than the property line of the residence, except, that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall, provided, however, that no fence, hedge, or mass planting shall at any time, where permitted, extend higher than six feet above the ground.

A.  Back and Side Fences.  The fences in the back and side up to the minimum setback line of residence shall extend no higher than six feet in height.

B.  Side Fences in Front.  The fences on the side between the line of residence shall extend no higher than 42 inches in height.

C.  Back Fences in Front.  The fences in the back between the minimum setback line of residence and the front property line or residence shall extend no higher than 42 inches in height.

D.  Front Fences in Front.  The fences that run along the front property lines shall be 42 inches or less in height in the front.

(Written exceptions as to fence location in this section may be made by the Architectural Committee where the minimum setback line of the residence is greater than 20 feet and the proposed fence has a setback of 20 feet or more from the front property line.)

3.15     Mailboxes.  It shall be the responsibility of Homeowners to maintain their mailboxes in good repair, including the removal of graffiti.  Locking mailboxes meeting United States Postal Service regulations may be installed at Homeowner expense.

3.16     Solar Panels.  Solar panels and any required shields for the panels shall be well constructed of suitable materials, and shall not detract from the appearance of the house on the Lot or the neighboring properties. All solar panels and any required shields must be maintained in good repair.

 (a)      Pre-approval Required.  Per Article V of the CC&Rs and Rule 3.1 above: Approval by the Architectural Committee is required prior to beginning any solar panel installation other than an exact replication of existing solar panels. The application must include a drawing of the design and specifications describing the type, shape, complete dimensions (square footage) and exact location (orientation) of the solar panels on the roof and/or in relation to the property boundaries, existing structures and adjacent streets. The same information is required to describe any mounting material and/or solar panel shields to be used during installation. It is the applicant’s responsibility to locate and identify the property markers prior to submitting the Architectural Application for Architectural Committee review. All solar panel applications must be submitted at least 30 days prior to the beginning date of construction.

 (b)       General Conditions. Approval of proposed solar panel(s) installation will be considered if the solar panel(s) meet the following general conditions:

1.   Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;

2.   If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and

3.   If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.

 (c)       Specific Conditions.  Approval of proposed solar panel installation will be considered if the solar panel(s) meet the following specific conditions:

1.   Any part of a roof-mounted solar energy panel must not be visible above the roof line;

2.   A solar energy panel may be attached to the slope of a roof facing a street only if:

A.     The solar energy panel conforms to the slope of the roof; and

B.     The top edge of the solar energy panel is parallel to the roof ridge.

3.   The solar energy panel frames, support brackets, or any visible piping or wiring must be painted to camouflage with contiguous roofing material and/or house paint;

4.   Ground-mounted solar energy panel must be shielded if shielding the panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent;

5.   Ground-mounted solar panels may not be installed in the front yards of OIHA residential properties visible from the street;

6.   Homeowners or residents who install solar energy panels must indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance or use of solar energy panel(s).

 

4.        COMMON AREAS

 4.1      Playgrounds and Park.   The OIHA Playgrounds and Mays Pond Park are intended for use by OIHA  residents and their guests only. Children under the age of 12 must be accompanied by a parent or adult.  Curfew in the park area will be set at 10 PM or one hour after sunset, whichever is earlier. Trash cans located in the Playground and Park are for Playground and Park use only. No dumping of household trash or yard waste is allowed in Mays Pond Park or Playgrounds. No loitering, alcohol, marijuana or substance abuse allowed. Fireworks prohibited.

 4.2       Clubhouse.  Individuals under 18 years of age are not to use the Clubhouse or its facilities unless accompanied by an adult. Rental rates and regulations will be set by the Board of Directors. 

 4.3      Common Area.  No trees or plants are to be removed from or added to the OIHA Common Area without Board approval. All litter is to be picked up and placed in the garbage cans provided. Homeowners will be held responsible for any damage done by their guests, tenants, children or pets when using the Clubhouse, Pool or Park area. The Pool and Park facilities are not part of the Clubhouse rental. No dumping of yard waste or any other materials is permitted in the OIHA Common Area. Anyone violating this rule is subject to an immediate fine of no less than $50.

 4.4      Weapons and Firearms.  Firearms and other weapons are prohibited in Mays Pond Park and the OIHA Common Area. This includes, but is not limited to, air guns, BB guns, pellet guns, paint ball guns, handguns, rifles, bows and arrows, sling shots or any other device that could risk damage to property or injury to persons in and around the OIHA Common Area.

  

5.    LANDSCAPE & YARD MAINTENANCE.

 5.1       Trash Containers.   Residents must remove all garbage, yard waste and recyclable containers from the street by the end of the day on each garbage collection day.  Per Article VI, Section 1 (d):  No portion of any Lot or OIHA Common Area shall be used as a dump for trash or rubbish of any kind.  All garbage and other waste shall be kept in approved sanitary containers for proper disposal.  Garbage shall not be collected and/or stored in the back of pick-up trucks or trailers or other vehicles located anywhere on a residential Lot.  Yard rakings, such as rocks, dirt and other materials as a result of landscaping, shall not be dumped into public streets or ditches, or in any part of the OIHA Common Area. The removal and disposal of all such materials shall be the sole responsibility of the individual Homeowner.

 5.2       Yard Maintenance.   Each Homeowner is required to maintain their yard in a manner consistent with the standards of the OIHA community in addition to and in conjunction with Article VIII of the CC&Rs. These standards include:  Front and side yard areas visible from the street, including the area between the sidewalk and the street, shall be maintained free of all unsightly conditions, such as accumulated leaves, tires, weeds, trash, garbage, litter, uncontrolled blackberry vines, etc.

(a)   Lawns shall be maintained in a mowed, trimmed and weed-free condition.  If the lawn contains clover, it shall be kept mowed to such a height to prevent it from blooming.  All bark and rock material shall be adequately contained in appropriate areas to prevent it from spreading to sidewalks, streets and/or lawn areas. 

(b)   Weeds, errant grass, dead vegetation, etc. should be removed from any surface covered by gravel, bark, rocks or similar ground cover and/or from flower beds in front or side yards visible from the street.

(c)   Storage of debris, lawnmowers, mechanical equipment or discarded items in front or side yards visible from the street is prohibited. All other items, such as buckets, coolers, yard tools, etc. must be stored in areas not visible from the street.

(d)  Some yard projects require materials such as bark, mulch or soil to be dumped in the driveway, yard or improved parking area.  These materials cannot be stored in your driveway, yard or improved parking area for longer than 14 days unless previously approved.

(e) Landscape projects such as tree removals (including stumps), landscape bricks, etc. must be completed within 14 days unless previously approved.

(f) Play equipment, basketball hoops, etc. visible from the street must be in good repair and appearance.

 5.3       Back Yards.  Items stored in back yards shall be maintained in good repair.  The back yard shall be kept free of weeds and/or stored items which may because of their size, number, type or location be a nuisance to the neighbors.  

 5.4       Holiday Decorations.  Residents who put up holiday decorations must take them down no later than 45 days after the holiday has passed.

 

6.         ENFORCEMENT

 6.1       Board’s Authority.  These Rules shall be enforced by the Board of Directors as provided for in the Articles of Incorporation, the Declaration of the Association and these Rules. Homeowners are responsible for compliance by their tenants. Rule violations are recorded and a notice is sent to the resident and the Address of Record of the Homeowner, if different. Properties in violation are generally given 30 days to correct the infraction. However, serious infractions may require an immediate response, as determined by the Board of Directors.

 6.2       Homeowner Complaints.

 (a)  Self Help First.   If you are disturbed by the actions of other residents, you may wish to personally contact the offending party to make them aware of the situation. Often a friendly reminder resolves the situation. If the grievance is not resolved after talking with the other party, you may phone or email the Office Manager or submit a written complaint to the OIHA Board of Directors.

 (b)  Written Complaints.  If you feel that one or more of the Association Rules have been violated, you may submit a written complaint to the Board of Directors, with photos, if possible.  Complaints must be dated, identify the specific rule or rules suspected of being violated and signed by the party submitting the complaint.

 (c)  Board Response.  As soon as feasible, the Board will consider the complaint and make a determination as to whether any rules have been violated and if any further action is necessary to stop the violation. An effort will be made to inform the complainant of the Board’s decision.

 6.3       Fines.  Violations of Association Rules may result in the imposition of a fine. The Board will determine which behavior (or time intervals for chronic conditions) constitutes a separate violation.  Paying a fine does not relieve a person from responsibility to correct a violation.

 (a) General Fine Schedule.  Unless another schedule of fines has been published to redress specific rules violations, fines may be imposed, at the sole discretion of the Board, as follows: 

Violation Notice*

Fine/Penalty

First Violation

Warning only

Second Violation

$25

Third Violation

$50

Fourth Violation

$250

Fifth Violation

To be Determined

 * Fines apply for the first 30 days after the date the fine is imposed. Continued presence of the violation on the day following the 30th day will result in an additional fine per the above schedule. Repeated violations of the same restriction within 12 months of the first warning will constitute a successive violation according to the above schedule. Directors may determine that each day during which the violation continues is a separate offense, subject to a separate fine not to exceed $20 for each offense.

 (b)  Specific Fines.  Serious violations may be subject to immediate fines, without warning, at the sole discretion of the Board. Commencement of any project requiring prior approval of the Architectural Committee per 3.1 above, without that approval, may result in an immediate fine of $25.  The Board may determine that each day during which work continues is a separate offense, subject to a separate fine not to exceed $20 for each offense.  Possession of a weapon in the OIHA Common Area will result in an immediate fine of $25.

 (c)  Opportunity for Hearing. When any fine is imposed or damage repair assessment is made against any Homeowner or Lot, the Board of Directors will notify the Homeowner and residents of that Lot in writing of the amount of the fine and/or damage repair and the reason for the assessment. The resident or Homeowner shall have 15 days to request a hearing before the Board of Directors to have the matter reviewed.  This request shall be made in writing to the Board. If no request for hearing is made, the fine and or damage assessment will remain effective against that Lot, and the monetary penalty will (i) become enforceable against the Homeowner, and (ii) become enforceable against the Lot, and (iii) begin to accrue interest at the rate of 8˝ % per annum until paid in full.

 (d)   Payment of Fines.    Fines and assessments for damage or violation of these Rules become due and payable on or before 30 days from the date that notice of such fine or assessment is sent to the party concerned.  Unpaid fines or assessments will accrue interest at the annual rate of 8˝ % per annum until paid in full.

 6.4       Notice of Violation.   If the Board determines that a violation of a rule has occurred, the Board may, in its sole discretion and without limiting any other remedies available to the Board, send written notice of violation to the resident and the Address of Record for the Homeowner, if different. The notice will specify the particular rules being violated and suggest a specific remedy or course of action for redressing or alleviating the situation. If the violation constitutes a recurring violation or a violation for which a general or specific fine schedule has been published, the notice shall also specify the fine being imposed on the offending party, subject to an enforcement hearing at the option of the offending party.

 6.5       Enforcement Hearings.  If a hearing is requested pursuant to paragraph 6.3, the Board shall schedule a meeting with the Homeowner within 30 days of the receipt of the notice of request of hearing to review the matter. All parties shall have an opportunity to be heard at the hearing. Any party at the hearing may be represented by counsel. After all testimony has been given, the Board of Directors shall then determine, by a vote of the Directors, if a Rules violation has occurred and if a fine shall be issued.  The majority of the Board members shall prevail. All parties shall be notified in writing of the decision.

 6.6       Fees and Costs.  In addition to any fine assessed, the Homeowner will be responsible for the costs associated with the violation, including, but not limited to repair of damaged property and any attorney’s fees or other fee incurred by the Board which may be associated with the violation.

 6.7       Lien for Charges.  Fines and damage assessments imposed under these Rules will give rise to lien rights in the Association for collection of amounts due, and such liens may be enforced the same as general liens for delinquent assessments pursuant to Article 4, Section 8 of the CC&Rs.

 6.8       Alternative Remedies.   Nothing in this section shall be construed as a prohibition of or a limitation on the right of the Board to pursue other means to enforce the provision of the various Association documents, including but not limited to legal action for damages or injunctive relief. Per Article VIII of the CC&Rs:  In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors or the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.

 6.9       Interpretation of Guidelines: The Board shall have the right to determine all questions arising in connection with these Guidelines and to construe and interpret the provisions of the Guidelines, and its good faith determination, construction or interpretation shall be final and binding.   The Board, in the discharge of its obligations hereunder and in its deliberations, shall act fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various Homeowners for consideration. The determination of the Board, as to non‑compliance, shall be in writing signed by the Board and shall set forth in reasonable detail the reason of non‑compliance.   

7.         GENERAL PROVISIONS

 7.1       Meanings.  Words and phrases used in these Rules shall be given their ordinary meaning unless otherwise provided for herein.

 7.2       Amendments.  These Rules may be amended by the Board of Directors in accordance with the Articles of Incorporation of the Homeowners’ Association and the Declaration.

 7.3       Severability of Provisions.  If any clause, phrase, provisions or portion of rules or the application of them to any person or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of these rules nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other permitted persons or circum­stances.

 

 I, the undersigned, do hereby certify that the foregoing Rules and Regulations were adopted at a meeting of the Board of Directors of the Olympus I Homeowners Association on the 13th day of November, 2012 by the Board of Directors.