COVENANTS COMMITTEE

 

Steve Schatken, Chair

 

 

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POLICIES ADOPTED BY ACTION OF THE EXECUTIVE BOARD




1.  Maintenance of Undeveloped Lots.



     December 5, 2005


     Owners of undeveloped lots are required to maintain 15 feet off the road.



2.   Signs.

     

     February 4, 2008 


     Political signage is permitted during the election process providing that no more than one sign per candidate or ballot issue is displayed on the unit owners property and there signs must be removed the day following the election.  Other yard signs require application to the Architectural Review          Committee (“ARC”).



3.  Fines.



     February 2, 2009


     A $25 per day fine will be assessed for any unit owner not meeting the 18 month completion deadline for a house and the 6 month completion deadline for an improvement.  Provided that a unit owner may request a time extension, in writing, not less than 15 days in advance of the original deadline. The ARC will approve, or not, the extension request under Covenant 10.1(x).



4.   ARC Issues.

   

May 3, 2010


    Satellite Dishes.  The Board strongly suggests that any satellite dish array be located away from the street side of the home.



5.   Communication Issues.

     January 6, 2014


     1) E-mails should only be accessed by members of the Executive Board, or a representative of the Executive Board with full consent of all officers and directors; or, in the case of an emergency, at the discretion and direction of the Board President.


     2) That outgoing e-mails be limited to official business of the FUOA Executive Board, including Board meeting minutes; the Annual Report and Financial Statements; quarterly FUOA Newsletters; issues/event related to the safety and security of resident; and any information deemed worthy and        relevant to all residents, as determined by the Executive Board.


     3) E-mails should, under no circumstances, be used as a means to advertise or promote a product, service, charitable or political cause.



6.   Covenants.

     

     November 7, 2011


     The following Covenants are waived until further Board decision to the contrary.


     Section 10.1(u)(ii).  Restrictions respecting For Sale signs, and


     Section 10.1(i).  Restriction on hunting but solely with respect to any deer hunt specifically authorized  by the Board.


     May 6, 2013


     The term “Firearms” as set forth in Section 10.1(i) is interpreted to include pneumatic and CO2 powered rifles and pistols, blowguns, slingshots, BB guns, bow and arrow and other devices that can kill, wound or daze.


     June 5, 2018


     Section 10.1(t). Restriction on storage tanks be buried in the ground. Storage tanks 120 gallons or less do not need to be buried but may be placed above ground as long as they are screened with lattice and/or vegetation. Storage tanks greater than 120 gallons must continue to be buried.



7.   Grass Mowing.

     

     June 1, 2016


     Commercial Lawn Mowers are urged NOT to mow after 5:00 pm on Friday and Saturday nights and NOT at all on Sundays.  All residents are requested to adhere to these hours.



8.  Ash Tree and Leland Cyprus Removal


     June 6, 2018


     Effective this date, the ARC and the Executive Board authorize the removal of Ash trees and Leland Cyprus that are dying without seeking the approval of the ARC.  This action is taken because these  trees are in the stage of dying throughout the community.  All residents must ensure that removal of trees under this Policy are in fact Ash or Leland Cyprus trees. 

   


9.  Waiver of ARC’s prior approval of certain signs


       February 5, 2019 

 The Architectural Review Board (ARC), pursuant to its authority under Section 10.1(x) of the Fernbank Covenants, hereby waives the approval requirements of Section 10.1(u) for the following   signs, regardless of whether these signs are within the bounds of a Unit Owner's lot, or within the Common Elements as defined in Section 1.7 of the Covenants.

 

 Signs that are automatically permitted without prior ARC approval:

  • Signs alerting to electric fence systems for pets. (Not to exceed 12” by 12.”)
  • Signs that designate a home security system is active.
  • Signs signifying commercial work or pesticide application. (Not to exceed thirty    days after  completion of work or application.)
  • Candidate/Political signs during an election cycle but must be removed one week after the election and must not exceed 18” by 24.”
  • Signs supplied by a respected environmental organization such as PVAS/National Wildlife signs, not exceeding 12” by 12”.
  • Signs for the sale of a Unit may be kept until said Unit is sold, notwithstanding the 180-day limit in Section 10.1(u)(ii) of the Covenants. Note that this provision supersedes the November 7, 2011 portion of Adopted Policy Number 6 above pertaining to For Sale signs.

 

    All other signs require prior approval by the ARC.




10. Unit Owners' Use of Land in the Common Elements


      October 1, 2019


      The Fernbank Executive Board of Directors adopts the following policy respecting Section 8.7 of the Covenants.  This is not a rule, but the Board plans to apply this policy in resolving specific situations that may arise under that section.


      Section 8.7, "Unit Owners' Easement," states that "Unit Owners have an easement in the Common Elements for purpose of access to their Units and to use the Common Elements and all real estate that must become Common Elements for all other intended purposes."


      The Common Elements include a 15-foot strip on either side of the streets in Fernbank, as well as the streets themselves.  Because the Board has never considered the meaning of "all other intended  purposes" in Section 8.7, the following policy is intended to clarify the meaning of that phrase.


      With respect to the portion of the 15-foot strip between each lot and the street, all of the use and occupancy restrictions in Section 10.1 of the Covenants apply.  For example, each Unit Owner is  responsible for keeping that area in a safe, clean, and neat condition. (Section 10.1(c))


      Home construction plans, landscaping plans, and significant changes to those plans must include that portion of the 15-foot strip and must be pre-approved by the Architectural Review Committee and maintained as provided in Section 10.1(o).


      The nuisance provisions in Section 10.1(d) apply to the Unit Owner's use of the area included in the easement, as do the other requirements in Section 10.1.




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