La Reserve Community Association Rules & Regulations Handbook

La Reserve Community Association Rules & Regulations Handbook La Reserve Community Association Contact Information La Reserve Office Staff: Communit...
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La Reserve Community Association Rules & Regulations Handbook

La Reserve Community Association Contact Information La Reserve Office Staff: Community Manager – Lynn Marrs Administrative Assist. – Jamie Holy Gate Access Mgr – Dick Holloway Accountant: Susan Martinez New Construction – Grant Parker

Other Properties Within La Reserve: Boulder Canyon Condominiums Desert Point Retirement Community La Reserve Villas Apartments Parcel X (University Medical Center)

La Reserve Phone Numbers: Office Phone: 520-219-3035 Office Fax: 520-219-4155 Main Gatehouse: 520-297-7380 North Gatehouse: 520-531-8163

La Reserve Office Address: La Reserve Community Association 7493 N. Oracle Rd., Ste. # 125 Tucson, AZ 85704

Official La Reserve Website:

Out-Sourced Mgmt Companies Mirabella: Cadden Mgmt – 297-0797 Rams Hill: Cadden Mgmt – 297-0797 Ponticello: Cadden Mgmt – 297-0797 Stoney Canyon Premier Mgmt – 297-9300

www.lareserve.org

Numbers Outside of La Reserve:

Sub-Divisions in La Reserve:

Police/Fire – 911 Oro Valley Police Dept 229-4900 (Non-Emergency) Rural Metro Fire Dept: 297-3600 (Non-Emergency) Gold Ranch Fire Dept: 825-9001 (Non-Emergency)

Bighorn Point Canyon Estates Crimson Canyon Deer Run Desert Mirage Gold Canyon Estates La Mirada Mirabella Ponticello Rams Canyon (un-gated) Rams Hill The Ridge Stoney Canyon Wilderness Estates 1 Wilderness Estates II Wilderness Estates III Wilderness Estates III Parcel T Window Rock

Animal Control: 743-7550 AZ Dept. Of Motor Vehicles: 6299808 Oro Valley Water: 229-5000 Southwest Gas: 889-1888 (Emergencies) 746-1076 Tucson Electric Power: 623-7711 (Outages/Storm Damage) 623-3451 Waste Management: 744-2600

La Reserve Community Association Rules, Regulations & Enforcement Procedures Resolution Adopted 10/27/03 The Board of Directors of the La Reserve Community Association has adopted the following resolution: Whereas, the Board of Directors of the La Reserve Community Association, Inc. is empowered to govern the affairs of the Homeowners Association pursuant to the CC&R’s, Article V, Section 3, which states: By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal rules and regulations to be known as the La Reserve Rules. The La Reserve Rules may restrict and govern the use of any area by any member or resident, by the family and designees of such member; provided, however, that the La Reserve Rules shall not discriminate among members and shall not be inconsistent with this Declaration, the Articles or Bylaws. Upon adoption, the La Reserve Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. Whereas, amendments to the current policies and procedures require the Board of Directors to adopt such amendments… Whereas, it is the intent that the rules and enforcement shall be applicable to all property owners, and this resolution shall remain in effect until otherwise rescinded, modified, or amended by a majority of the Board of Directors of the La Reserve Community Association… NOW, THEREFORE, BE IT RESOLVED THAT, the adopted rules and enforcement shall be enforced and bound by its authority and subject to the enforcement procedures set forth by the board of Directors of the La Reserve Community Association, on this 24th day of November 2003.

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La Reserve Community Association Rules & Enforcement Procedures Resolution Adopted 10/30/2006 This resolution was adopted October 27, 2003 by the Board of Directors and the following has been updated by the Board of Directors on October 30, 2006. NOW, THEREFORE, BE IT RESOLVED THAT, the adopted rules and enforcement shall be enforced and bound by its authority and subject to the enforcement procedures set forth by the Board of Directors of La Reserve Community Association, on this 30th day of October, 2006.

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Definitions of the Governing Documents We would like to take this opportunity to review the documents, which govern La Reserve, and to define the origin of these documents.

Covenants, Conditions & Restrictions (CC&R’s): This document was established by the developer and recorded in the Pima County Public Records, as one of the original documents required in the establishment of this master community. It is the primary ruling document for La Reserve.

Rules and Regulations: The CC&R’s give the Board of Directors of the Association the authority to pass and enforce rules and regulations governing activities in the development. The purpose of these rules is to maintain and enhance both the quality of life and the appearance of the development. Rules and regulations may cover matters, which are not specifically contained in the CC&R’s, but may not contradict or exceed the authority granted in the CC&R’s Sub-Associations with La Reserve have the authority to establish rules and regulations. They may not contradict the master agreement, but can be more stringent in their policy.

Architectural Guidelines: The developer has established the Architectural Guidelines and the Architectural Committee (AC) under the authority granted by the CC&R’s. The Committee is charged with the responsibility of reviewing applications for new additions and construction of homes in La Reserve. The written approval of the Committee is prerequisite to the issuance of a building permit by Pima County/Oro Valley. The stated purpose of these Guidelines is to insure the natural beauty of the community, enhance and preserve the present and future property values, and to preserve the architectural integrity of La Reserve.

The purchase of property in La Reserve imposes the legal duty to comply with theses governing documents. There are certain provisions of the CC&R’s, and the rules that have been found to be violated more frequently and will become subject to enforcement by the Board. Residents are requested to review the following list of common violations and become familiar with the CC&R’s and the rules that govern these subjects. The cooperation of all residents in complying with these rules will assure that we make La Reserve the most attractive and desirable community that it can be.

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La Reserve Community Association Rules & Regulations Welcome to the La Reserve Community Association, one of the finest communities in Oro Valley. As a property owner in La Reserve, you are automatically a member of the La Reserve Community Association. The Association is incorporated for the purpose of preserving and enhancing the value of our homes as well as amenities of La Reserve. It is the commitment and responsibility of the La Reserve Community Association to ensure a quality lifestyle by providing appropriate control of the general architectural theme, controlled access for the privacy of the residents, and exceptional maintenance of the common areas throughout La Reserve. The foundation for any high quality planned community is the understanding of the Covenants, Conditions and Restrictions (CC&R’s), and the cooperation of the property owners. The information that follows was complied to provide homeowner’s easy access to pertinent rules and regulations. The content of this document is important because it allows the Board of Directors, the managing staff, and homeowners clear direction and complete understanding of La Reserve’s expectation of quality. Sincerely,

La Reserve Community Association Board of Directors

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Rules & Regulations The following is a synopsis of the more common rules and regulations of the community. Please refer to the CC&R’s of the community for a complete definition of the governing documents.

A.

Additions and/or Alterations 1. Any addition or alteration to any building, Lot or Parcel shall be approved in writing by the Architectural Committee prior to the commencement of construction or alteration unless the addition or alteration is not visible from neighboring or public properties and does not violate or conflict with applicable Town of Oro Valley and code requirements as well as the Declaration and these guidelines.

B.

Animals 1. Only a reasonable number of generally recognized household pets are allowed on any lot. 2. Pets must be maintained within the area on the Owner’s property. 3. Each member is responsible for cleaning up after his or her animal(s), as well as complying with city and state leash laws. When walking animals, pet owners must carry a “pooper scooper” or other means of retrieving any feces deposited by their pet(s) and properly disposing of the refuse in a covered container. 4. Animals are not allowed to disturb neighbors or to be a nuisance. (i.e. excessive barking) 5. Structures for the care, housing or confinement of any animal shall be maintained so as not to be visible from the street or neighboring properties. 6. All pets must be on a leash when not on the Owner’s property.

C.

Antennas & Satellite Dishes 1. A submittal must be sent to the Association office prior to the installation of a satellite dish in order to ensure compliance of the CC&R’s.

D.

Assessments 1. Assessments are collected on a quarterly basis. Assessment invoices are a courtesy and are mailed to a homeowner only if you are late. Assessments are due on the 1st day of the quarter and are considered late if received after the 30th day, at which time a late fee is added. 2. The failure of a member to receive an invoice shall not relieve any member of his/her liability for any assessment owed to the Association. 3. A late fee of $25.00 is added per month to unpaid assessments. 4. A bounced check fee of $25.00 is added for any returned payments.

E.

Business 1. Home based businesses shall not cause a disturbance to neighboring properties or the casual observer. Increased vehicle traffic, loading and unloading of equipment or products are not permitted.

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F.

Clothes Drying Facilities 1. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Lot or Parcel unless they are erected, placed or maintained exclusively within a fenced service yard or otherwise concealed and shall not be visible from the street or neighboring properties.

G.

Decals 1. All owners and renters are required to display a current decal that authorizes their vehicle(s) to enter La Reserve. The access decal informs the gate attendant that the driver is a resident, and is important to the safety and security of all our residents. The decal also enables the Association to identify the owner of the vehicle if they are observed breaking La Reserve Rules. Your compliance in displaying the La Reserve decal on all your vehicles will help in this endeavor and will aid the Gate Attendants. 2. Decals are installed by an LRCA representative. Please call the Association office to make an appointment with the Gate Access Manager.

H.

Deliveries 1. Deliveries are not allowed on Sunday, with the exception of an emergency such as plumbing, or heating/AC, then the gate attendant must be notified for entrance of the emergency service company. Newspaper delivery, utilities, UPS and FedEx are accepted. 2. Vendor delivery vehicles will not be admitted unless expected, are on the vendor list, or authorized by the resident.

I.

Distribution of Homeowner Information 1. No individual resident, Association Member, or nonmember may be given the name, address, or telephone numbers of residents or members. 2. Sub-Association Presidents may request a list of their residents’ and members’ names, addresses, and telephone numbers, but such list will be provided no more than every three months. Each requesting sub-association President is to be advised that this information is to be held in strict confidence and used only for sub or master association business.

J.

Gatehouse 1. The Gatehouse Attendant should be notified when you are expecting service, workers, and guests. It is your responsibility to provide the Gatehouse Attendant with a list of expected visitors, including special occasions, such as parties. 2. The Attendant has the right to deny entrance to those not recorded as expected visitors. Attendants are not required to call on every visitor. 3. Many times the Attendant cannot understand visitors due to a language barrier. If you anticipate a language problem with any visitor, please advise your visitor to give a card to the Attendant with your name, address, and phone number printed in English. Also, please inform the Attendant of this arrangement. 4. Gate Attendants are not permitted to accept deliveries or items to be picked up such as packages, assessment payments, checks or cash. The Attendants will not be held liable for any items that should be left with them.

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K.

Holiday Decorations 1. Holiday lighting may be installed thirty (30) days prior to the recognized holiday and must be removed within fifteen (15) days after the holiday. Recognized holidays include New Year’s, Easter, Memorial Day, July 4th, Labor Day, Halloween, Thanksgiving, and Christmas.

L.

Leasing of Homes 1. A single-family resident dwelling unit may be leased to a single-family tenant from time to time by owner subject to the provisions of the CC&R’s. The lessee will also be subject to the governing documents. 2. The minimum lease period is six (6) months. 3. The owner must submit a copy of the lease agreement to the La Reserve Community Association Management Office at least 48-hours prior to commencement of the lease. 4. The owner is responsible to ensure that the tenant follows all La Reserve Community Association rules. 5. The owner is responsible for notifying LRCA Management if the tenant defaults on terms of the lease agreement. A new tenant may not occupy the home until the agreement in default expires or terminates. 6. An owner who does not submit a lease agreement to LRCA Management will be fined $300 for each violation; provided that, if a court or arbitrator shall determine that the amount of such fine is excessive, the amount of such fine shall be the maximum reasonable amount determined by such court arbitrator. Said fine is payable no later than the next quarterly assessment deadline. If the fine remains unpaid after two (2) assessment deadlines have passed, the Association’s Attorney will pursue legal action. All fees and court costs incurred will be added to the owner’s assessments.

M.

Machines, Tools and Equipment 1. Machines, tools and equipment which create excessive noise for prolonged periods of time, are not permitted unless such equipment is required for landscaping or the construction of improvements to any lot. An owner may obtain permission to operate such equipment for limited periods from the Association Office.

N.

Maintenance of Property 1. All landscaping will be maintained as required to provide a neat and attractive appearance. Removal of weeds, dead plants and bushes, trees and tree limbs, trash and debris will be accomplished as required to this effect. The Association will have the right to require any owner to landscape and/or maintain landscaped areas, or to maintain natural areas in its natural state on any right-of-way between a lot and sidewalk, street or path that is immediately adjacent to such lot. Property inspections are conducted regularly by LRCA staff. 2. Homes and buildings shall be kept in good condition and repair, and adequately painted. 3. Storage of items, such as grills and maintenance equipment shall not be visible from the street.

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O.

Open Houses 1. Open houses will not be allowed on the following Federal Legal Holidays: New Years Eve, New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. 2. Open houses are allowed between 8:00 A.M and 6:00 P.M. 3. It is the Realtor’s/Homeowner’s responsibility to inform the Gate Attendants of the properties the Realtor/Homeowner is showing, and to provide any materials they wish the attendants to distribute. 4. The Realtor or Homeowner must be present for the duration of the Open House for all MLS properties.

P.

Moving 1. Due to the various narrow roads within La Reserve, when vehicles are over 40Ft in length, the driver must check with the Attendant at the gatehouse. 2. Moving vans & delivery trucks 40ft in length are to be logged in with the gate attendants to be made aware of the narrow roads in La Reserve. All driver’s will be notified that any damage taken place by them or their vehicle to any aspect of La Reserve, will be their responsibility to repair the damage at their expense. 3. La Reserve residents have a four (4) day courtesy policy for loading or unloading moving pods. The pods must be placed in the homeowner’s garage or driveway and boxes, articles, etc. may not be stored outside the pods.

Q.

Parking 1. “Vehicle” is defined as any motorized conveyance used on a regular and recurring basis for transportation. 2. Vehicles of all owners, tenants, and guests are to be kept in garages, residential driveways of the owner, or other designated parking areas whenever such facilities are not sufficient to accommodate the number of vehicles at a lot or parcel. 3. Overnight parking is prohibited. Parking on the street is prohibited from 12:00 A.M to 6:00 A.M. 4. Inoperable vehicles may not be stored anywhere in La Reserve, other than in an enclosed garage. 5. Moving vans or vehicles may receive a special parking exemption with the exception of no overnight parking, and no activity after 10:00 P.M. 6. Any conversion of a garage bay from its original use as a vehicle parking spot must be approved in advance by the Architectural Committee. Such conversion requires a submittal request that meets the Design Guidelines for the Association. When a garage bay is converted from its original use as a vehicle parking area to another use as approved by the Architectural Committee, the owner must make other parking arrangements to avoid parking on the streets within La Reserve. 7. Temporary (less than 24-hours) and infrequent vehicle parking is permitted on the street in front of the property by invited guests of members. Parking Recreational Vehicles (RV), commercial vehicles, motor homes, campers, trailers, boats, or similar vehicles is prohibited within the Community.

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8. Parking vehicles on any portion of the front, sides or rear yard of the lot, public sidewalks, in front of mailboxes, or any vacant lot or property within La Reserve is prohibited. 9. Motorized vehicles may only be operated on paved streets and designated parking areas. No vehicles of any kind may be operated in the common or undeveloped areas. This includes, but is not limited to cars, trucks, golf cars, ATV’s, and any other off road vehicles. 10. When temporarily parking on the street, the vehicle must be parked in the correct direction of traffic. 11. Uncollected parking fines will be added to the violator’s quarterly assessment

for collection.

R.

Recreational Vehicles (RV) 1. No motor vehicle classified by manufacturer rating as exceeding ¾ ton mobile home, travel trailer, pop-up trailer, trailer, camper shell, detached camper, boat, boat trailer, or other similar equipment or vehicle may be parked, maintained, constructed, reconstructed, or repaired on any lot or parcel or on any street in La Reserve. 2. Parking and storage of RV’s is governed by the CC&R’s. The CC&R’s require that all such vehicles be stored at a location off the La Reserve property. RV’s are not permitted to be stored on driveways but may be stored in an owner’s enclosed garage. 3. A 24-hour courtesy policy for unloading and loading has been established for La Reserve residents only. Please call the Association office. 4. If a guest arrives driving such a vehicle described within this section, the Gate Attendant will notify the homeowner to meet their guest at the gate. They must make arrangements to park the motor home/RV outside the La Reserve Community.

S.

Signage 1. No advertising type of signage is permitted on any lot except a single temporary sign, which meets industry standards and does not exceed 18 x 24 inches. 2. Owners and their agents may not place any signs advertising a property for sale or rent in any common area, or attach them to the common area walls. 3. Campaign signs are permitted in residential front yards. They may be installed no more than 45 days from the election, and must be removed no later than 7 days after the election. (ARS 33-1808) 4. During new construction, a single sign may be posted by the builder on the lot after receiving approval from the Architectural Committee, providing that the sign meets the La Reserve Design Guidelines. The removal of the builder’s sign is the responsibility of the new owner.

T.

Tradesmen 1. Daily work hours for tradesmen Monday through Friday are from 6:00 A.M to 6:00 P.M, and Saturday from 7:00 A.M to 1:00 P.M.

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2. Work is not permitted on Sundays or national holidays. This applies to all trades including landscapers, maid cleaning service, tile and carpet layers, plumbers, painters, etc. The only exception is in an “emergency” repair situation where property damage is threatened. It is the responsibility of the homeowner to notify the Gate Attendant of the situation and the name of the contractor expected.

U.

Trash Containers and Collection 1. Garbage or trash containers shall not be placed or kept on any lot or parcel, except in approved, covered containers. 2. Trash containers are to be stored in areas that are not visible from the street or neighboring properties, except to make available for collection. 3. Trash and recycling containers should be placed on the street for collection the night prior to the regularly scheduled collection day, or the morning of the collection day. 4. Trash and recycling containers should be put away immediately following the scheduled collections.

V.

Vacation Watch 1. When going on vacation, file a Vacation Report with emergency and access information (forms available at the Gatehouse or Association Office) with the Gate Attendant. 2. If someone is overseeing your property during your absence, your written permission is required. Attendants cannot allow anyone entrance to inspect, clean, stay (a day/week), or to use your property while you are away without your written consent.

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Enforcement Procedures Pursuant to Arizona Planned Communities Act (ARS 33-1803), which provides that, after notice to the owner and an opportunity for a hearing before the Board of Directors, the Association is empowered to impose fines for violations of the Declaration and any rules adopted by the Board. The procedure for imposing fines for such violations is forth below:



Demand A written Demand to Cease and Desist from an alleged violation shall be served up the owner of the lot and shall specify: a. The alleged violation. b. The action required of the property owner to abate the violation within a time period of not more than 14 days without incurring any fines, penalties or sanctions.



Continuing Violations



Notice

Each day a violation continues after notice to cease has been given by the Board of Directors or its Management to the owner shall constitute a separate violation.

Within 15 days of the Demand to Cease and Desist, if the violation continues past the period allowed in the notice for abatement without penalty, or if the same rule or provision of the Declaration is subsequently violated, the Board, through it’s Management, shall serve the owner with written notice of a hearing to be held by the Board of Directors. The notice shall contain: a. The nature of the alleged violation. b. The time and place of the hearing, which shall not be less than 10 days from the date of the notice. c. An invitation to attend the hearing and produce any statement, evidence, and witnesses on the owner’s behalf. d. The proposed sanction to be imposed, which may include the imposition of a fine and the payment of any Attorney’s fees incurred by the Association, if the Association must involve its legal counsel.



Hearing



Imposition of Fines and any other Sanctions

The hearing shall be held in executive session pursuant to the notice of the hearing and the owner shall be afforded a reasonable opportunity to be heard. Prior to any sanction becoming effective, the Board shall submit proof of the notice and the initiation to be heard which shall be attached to the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered into the minutes by the officer or director who delivered such notice. The notice requirement is satisfied if the owner appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and sanctions imposed, if any.

At the conclusion of the hearing, the owner shall be excused from the hearing and the Board of Directors shall determine the amount of the fine to be imposed, if any, based on the seriousness of the violation, whether this is a first violation or continuing violation, whether the type of offense poses a danger to property or

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person, and whether the owner agrees to abate the violation within the time specified by the Board. After the amount of the fine is determined, the Board shall send notice to the owner of the amount of the fine, any other sanctions imposed by the Board and the due date of the fine. The Board has the power to impose a fine for each day that the violations continue. The Board may also impose on the owner, as an additional penalty, any Attorney’s fees incurred by the Association that relate to the violation and/or the hearing. The Board of Directors may impose fines from $10.00 to $500.00, as well as the loss of privilege to use any of the recreational facilities for violations of these Rules & Regulations. The fine may be imposed for a single violation, or for each day that a violation continues as a separate violation. Specific violations of the Design Guidelines, as outlined in the Fine Schedule, will carry a one-time fine/penalty, and from that point are governed by the fine schedule for that category. Violations of the Parking Restrictions as set forth in the February 23, 2000 policy are pre-existing and will be incorporated with the Enforcement Procedures.



Payment of the Fine and/or Penalties The Board shall advise the owner that any fine which is not paid within 15 days of its due date is delinquent and is subject to a late payment penalty of 10% of the amount of the fine or $25.00, whichever is greater (ARS 33-1803y). Collection of any fines and penalties may be enforced against any owner in the same manner as the collection of delinquent assessments.

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Fine Schedule Parking • • • •

$10 a day for each occurrence of vehicle parking on the streets (upon private roads) or sidewalks. $25 a day for each occurrence of a vehicle parking within a yard (not in a driveway or garage). $25 a day for each occurrence of prohibited vehicles parked within La Reserve. $25 a day for RV’s, Boats, Trailers, Campers, or other similar prohibited vehicles.

Yard Care • •

$10 a day for not properly maintaining your yard. Incurred costs from utilizing a vendor to clean up your property.

Architectural Violations • •

$50 a day for violations where an owner did not submit work to be done on property and received AC approval. Restriction of projects where an owner failed to finish or complete a project as submitted.

Builders/Owners • • • • • • • •

Immediate $500 fine at building site for not providing a port-o-potty. Immediate $500 fine and cessation of work at a building site for not providing a dumpster. Immediate $1,500 fine and cessation of work for having contractors working on a Sunday. Subsequent fine of $500 a day for noncompliance. $500 a day fine for each occurrence for failure to comply with the La Reserve Design Guidelines. $1,000 a day fine for each occurrence for “dumping” trash/material on neighboring or common properties. $500 a day for each occurrence for failure to clean up work site. Actual cost of restitution as a result of broken irrigation systems, curbing, plant life and other miscellaneous items. Actual costs of restitution as a result of damage to any La Reserve assets, such as gates, gatehouse, etc.

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