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ROSEWOOD HOMEOWNERS ASSOCIATION Architectural Control Committee Guidelines, Processes and Rules

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Page 1: Rosewood Homeowners Associationrosewoodhoa.azurewebsites.net/wp-content/uploads/2017/04/Rosew… · 2/04/2017  · o Decra Steel Roofing o Cedar Shake Please note that only specific

ROSEWOOD HOMEOWNERS

ASSOCIATION

Architectural Control Committee

Guidelines,

Processes and

Rules

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Rosewood Homeowners Association

Architectural Control Committee Guidelines, Processes and Rules

Page 1 of 15

Architectural Control Committee

Guidelines, Processes and Rules

Amended 04-02-2017

History and Purpose

The Architectural Control Committee Guidelines and Processes were drafted by the Architectural Control Committee (ACC) in July 2010 and approved by the HOA Executive Board in August 2010, and serve to further clarify the intent of the Rosewood Homeowners Covenants. The guidelines were drafted to help homeowners follow the covenants and to clarify the role of the ACC and HOA Board in support of the covenants. Each of the guidelines were drafted from either long standing processes, such as those related to house painting and roofing activities, or from common issues addressed by homeowners responding to a neighborhood maintenance questionnaire distributed to Rosewood homeowners in 2009. The ACC met in July 2010 and compiled the issues into these guidelines numbered 1-9.

The ACC and HOA Board hope neighbors find these guidelines as reasonable and supportive of the shared goal to maintain the value and appearance of the Rosewood neighborhood. In reference to Item 7.1 in the covenants, the ACC defines “nuisance or annoyance to the neighborhood or that detracts from its value as a high-class residential district” as the failure to comply with the following guidelines and processes. Non-compliance with these guidelines will be reviewed by the ACC and discussed with the appropriate homeowner(s).

Chronic or extended violation of these guidelines, processes and rules will be escalated to the HOA Board for consideration as a potential violation of neighborhood covenants, fines and escalation to exercising lien rights as per 6.1 and 6.9 in the covenants + legal fees.

If you have suggestions for changes to these processes and topics, please feel free to send them to The Rosewood Board and ACC via The Rosewood HOA secretary at [email protected]

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Contents

Home Maintenance Guidelines & Processes (Items 1-9) ........................................................................................ 3

Item 1. Home paint ........................................................................................................................................................... 3

Item 2. Roofing materials ............................................................................................................................................... 3

Item 3. Yard Maintenance .............................................................................................................................................. 4

Item 4. Shrubs Trees, Hedges and Fences ............................................................................................................... 4

Item 5. Major Landscaping changes .......................................................................................................................... 4

Item 6. Roof maintenance .............................................................................................................................................. 5

Item 7. Front Porches ...................................................................................................................................................... 5

Item 8. Driveway, Parking and Street View Maintenance ................................................................................ 5

Item 9. Refuse containers .............................................................................................................................................. 5

ACC Rules, Regulations and Procedures per 4.2 in the CC&R’s ............................................................................ 6

General Rules & Guidelines ............................................................................................................................................ 6

Specific Rules and Infraction Levels ........................................................................................................................... 7

Landscaping ..................................................................................................................................................................... 7

Exterior Paint and Color ............................................................................................................................................. 7

Short term or nightly rentals .................................................................................................................................... 7

Replacement of or additions to dwellings .......................................................................................................... 8

Fences, Hedges, Shrubs and Walls ......................................................................................................................... 8

Outside Antennas and Satellite Dishes ................................................................................................................. 8

Siding Material ............................................................................................................................................................... 9

Roof Replacement ......................................................................................................................................................... 9

Windows, Exterior Doors and Garage Doors ..................................................................................................... 9

Street facing Decks, Patios, Porches, Walkways and Driveways ............................................................... 9

Storage Sheds ................................................................................................................................................................ 10

Recreational Equipment ........................................................................................................................................... 10

Storage of Campers, Trailers, Boats, Etc. ........................................................................................................... 10

Storage of Mowers, Wheelbarrows, Trash and Recycling Containers, Firewood stacks, Building Materials and other similar items ........................................................................................................................ 11

Heat Pumps, Generators, and Central Air Conditioning Equipment ...................................................... 11

Referenced Excerpts from the Rosewood CC&R’s ................................................................................................... 12

Infraction Schedule per 1.0, 4.2, 6.1 and 6.9 in CC&R’s ......................................................................................... 14

Rosewood Homeowners Association Dispute Resolution Policy ...................................................................... 15

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Home Maintenance Guidelines & Processes (Items 1-9)

Item 1. Home paint

Houses need to be painted when necessary (as determined by the age and wear of the paint on elevations and decorative features such as trim, shutters, porches, etc.). Paint should not be flaking off, overly faded, or have moss build-up, and wood members should be regularly maintained and not rotting or in general disrepair.

Architectural Control Committee Protocol for Painting Your House (BEFORE YOU BUY PAINT)

o a portion of your house in a sample of the colors you wish to use. o A 2 ft x 2 ft (or larger) area which includes trim is best. o Paint All the colors you wish to use should be included. o You may wish to include extra paint samples for comparison or alternate color selection. o Contact the Rosewood HOA Secretary and request approval for the colors. o The HOA Secretary will send an e-mail to the architectural committee members requesting

approval. o Once the members of the architectural committee members have approved the colors then the

HOA Secretary is notified of the approval, usually via e-mail.

In the rare case when there is an objection to one or more of the colors, the architectural committee members will discuss their objection with the homeowner directly. The home owner should select another color which is acceptable to the architectural committee.

The HOA Secretary will contact the homeowner(s) requesting approval and notify them of the approval, usually via e-mail or phone.

Item 2. Roofing materials

Architectural Control Committee Protocol for Replacing Your Roof (BEFORE YOU PURCHASE ROOFING MATERIAL)

Please see the roofing addendum for the list of approved roofing materials and colors. As of this writing the following roofing materials are approved:

o CertainTeed – Landmark TL, lifetime warranty o Decra Steel Roofing o Cedar Shake

Please note that only specific colors are approved for the CertainTeed and Decra roof materials.

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o Homeowners who wish to use roofing materials or colors other than those listed in the roofing addendum must get approval from the architectural committee prior to purchasing the roofing product.

o Contact the HOA secretary to request approval for roofing material. Please be as specific as possible when describing what roofing material you wish to use. If possible, place a small sample of the roofing material on your front porch and/or send a link to a website for the product.

o The architectural committee will review the roofing material and reply to the HOA secretary with approval or with reasons for rejecting the roofing material.

o The HOA secretary will contact the homeowner(s) requesting approval and notify them of the approval or rejection of the roofing material.

o If the roofing material is rejected, the homeowner should select a different roofing material and request approval for the new roofing material.

Item 3. Yard Maintenance

Homes to be maintained (see 8.7 in covenants as reference) “in a professionally landscaped manner”.

o Lawns need to be mowed, maintained, and free of weeds on a regular basis. o Trees, shrubs and bushes shall be trimmed as needed. o Sidewalks should be clear of tree or shrub growth, leaves and debris at all times. o Yards shall be clear of debris and leaves at all times.

Item 4. Shrubs Trees, Hedges and Fences

Trees and bushes shall be trimmed and maintained so as to not impede sidewalks and common areas, and hedges should be regularly trimmed and no higher than 8 ft. on the sides of a property and 4 ft. along the front of a property (see 7.9 in covenants as reference).

Each lot owner shall prevent, by trimming and removal, growth of trees or shrubbery which would obstruct the view of other lots or encroach on other lots. Trees and shrubbery must not encroach over sidewalks. Similarly, no fence shall be erected that is greater than 5 ft. above the finished graded surface of the ground in the rear yard of a property nor greater than 3 ft. in the front yard of a property.

All fences on any lot shall be of wood material and of artistic design complimentary to the dwelling on the lot. No metal "chain link" type fences shall be allowed (see 7.10 in covenants as reference).

Item 5. Major Landscaping changes

When considering major landscape changes, such as erecting fences, widening or extending driveways, or other changes which change the look of your property, please verify that the change adheres to the bylaws of the covenant and request approval from the architectural committee.

Guidelines & Processes, ACC Protocol for Major Landscaping Changes (BEFORE YOU START A MAJOR LANDSCAPE PROJECT)

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o Contact the HOA secretary to request approval for the change. Please provide details necessary to clearly understand what change you would like approved.

o The architectural committee will review the proposed changes and may contact you for clarification.

o The architectural committee will reply, usually via e-mail, to the HOA secretary with approval or with reasons for rejecting the proposed change.

o The HOA secretary will contact the homeowner(s) requesting approval and notify them of the approval or rejection.

If the proposed change is rejected, the homeowners may wish to call a meeting with the members of the architectural committee in order to understand the issues, concerns, and potential modifications to the change proposal which could result in approval.

Item 6. Roof maintenance

o Roofs, chimneys, and roof features (caps, vents, etc.) need to be maintained, free of moss and debris.

Item 7. Front Porches

o Front porches should be kept free of clutter, debris and not be used for storage.

Item 8. Driveway, Parking and Street View Maintenance

o Driveways clear of campers, boats, etc. except on a short-term basis (overnight prior to and after use)

o Inoperable vehicles should be stored properly in garage or maintained in a reasonable manner. o Yard tools, wheelbarrows and equipment shall be stored or shielded from sight. o Cars in street should not remain overnight on a regular basis. o No visible structures erected from public right-of-way.

Item 9. Refuse containers

Stored waste containers should be not visible from the street. Waste containers shall not remain on the street for over a 24-hour period, (see 7.4 in

covenants as reference).

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Architectural Control Committee

Rules, Regulations and Procedures (per 4.2 in the CC&R’s) The Architectural Control Committee (ACC)’s responsibility is the external appearance of properties within the Rosewood Homeowners Association in accordance with provisions in the Covenants, Conditions and Restrictions (CC&Rs). Under the CC&Rs and applicable state laws, the Board is responsible for making appropriate rules and policies for the Association. *The board and the ACC also met on October 30th, 2016 to discuss newly forming concerns and issues from home owners and from neighboring communities in an effort to maintain neighborhood values, find a way to encourage compliance with these topics. As per 4.2 in the CC and R’s we formed and adopted a more comprehensive set of Rules, Regulations and Processes as shown below. These new procedures are found to be in line with the intent of the covenants and will become effective January 1st 2017. These documents will be open to future revisions – amendments as approved and as necessary by the board and the ACC Committee.

General Rules & Guidelines As stated in the guidelines and processes, owners must submit plans and specifications for work which alters the external appearance of a property to the ACC for approval as set out in the CC&Rs. ACC approval must be received before the work is commenced. As new technologies emerge, they will not be specifically addressed by the guidelines or the CC&Rs. It is important that homeowners file an ACC request if the planned utilization, in any way, affects the exterior of the property. The ACC’s general criteria for approval of any work will be its harmony with surrounding houses and the neighborhood in general, but the ACC’s decisions are also governed by the CC&Rs and the ACC may make additional policies concerning external improvements in accordance with the CC&Rs. Homeowners are responsible for obtaining any government permits required for the work they plan to do. Neither the ACC nor the homeowners’ association is liable for any failure to obtain necessary permits.

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Specific Rules and Infraction Levels To help administer the ACC’s responsibilities, the ACC and The Board of Directors has adopted the following rules and schedule of fines for violation of the rules:

Landscaping Infraction = Level 1 Rules & Guidelines: Homes to be maintained (see 8.7 in covenants as reference) “in a professionally landscaped manner”. Owners shall maintain their vegetation adjacent to public sidewalks and keep sidewalks free of excessive debris to ensure that pedestrian traffic is not impeded.

o Lawns need to be mowed on a regular basis, maintained, and be free of weeds. o Trees, shrubs and bushes shall be trimmed per 7.9 and 7.10 and as needed. o Leaves and yard debris should be removed promptly, as needed.

Exterior Paint and Color Infraction = Level 3

Rules & Guidelines: Houses need to be painted when necessary (as determined by the age and wear of the paint on elevations and decorative features such as trim, shutters, porches, etc.). Paint should not be flaking off, overly faded, or have moss build-up, and wood members should be regularly maintained and not rotting or in general disrepair. Exterior paint color including siding, gutters, doors and window frames shall be submitted to and must be approved by the ACC before owners commence painting. To facilitate approval, information submitted should include paint manufacturer, identifying color name and product number for each color to be used. This provision applies even if there is no change in colors currently used on the property, (see guidelines and processes for specific details on approval).

Short term or nightly rentals Infraction = Level 3

Short term or nightly rentals under 12 months are prohibited Rules & Guidelines: Section 7.1, 7.6 and 8.1 of the Rosewood CC&Rs restricts commercial use and anything that would be a nuisance, detract from a high class single family neighborhood. From our research and from neighboring HOA’s reports short term rentals have been seen as a way to lower property values, contributing to added traffic in and out, street parking – abnormal noise or activity at all hours. Rosewood is a single family neighborhood and is not zoned through King County for commercial / transient lodging purposes. The use, operation or establishment of any short term rental of any residential home in Rosewood is not permitted as it constitutes commercial activity. Any property owner, renter, sub-lease or LLC corporation who operates a short term rental of all or a portion of their property for less than 12 months is subject to enforcement action by The Rosewood Home Owner’s Association. This sections applies to the occupancy of any house by a person other than its Owner, including occupancy by tenants, assignees and subtenants, excluding family members or care givers who share full time occupancy

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with the Owner.

Replacement of or additions to dwellings Infraction = Level 3 CC&Rs: see 8.2, which provisions are hereby included in the Rules.

Fences, Hedges, Shrubs and Walls Infraction = Level 2 CC&Rs: see 7.9 and 7.10, which provisions are hereby included in the Rules. Rules & Guidelines: The shrubs shall be no more than eight (8) feet high on sides and no more than four (4) feet high in front. Fences shall be no more than 5 ft. above the finished graded surface of the ground in the rear yard of a property nor greater than 3 ft. in the front yard of a property. Natural wood (cedar preferred) or wood-appearing materials shall be used. Where the fence has a “good” side and a “bad” side, the “good” side shall face the street. Stain or paint color shall be submitted to the ACC for approval in advance. Chain link or front yard fences will not be approved. The requirement that walls be approved by the ACC shall include necessary retaining walls.

Outside Antennas and Satellite Dishes

CC&Rs: see 7.11. To ensure consistency with current FCC regulations, the following Rules and Guidelines have been adopted:

Rules & Guidelines: In order to promote a high quality of life and to protect individual property, while preserving the Owner's ability to receive acceptable over-the-air signals, the following Rules apply to installation of antennas:

o The term "TV antenna" includes antennas, aerials, and satellite dishes which are designed to receive

o (i) direct broadcast satellite service (DBS), including direct-to-home satellite services;

o (ii) video programming services via multipoint distribution services, including multichannel multipoint distribution (MMDS); and (iii) television broadcast signals (TVBS).

o A TV antenna one meter (39 inches) or less in diameter shall be:

o mounted, installed, attached, or placed in the rear yard of a lot unless this requirement unreasonably impairs the viewer's ability to receive reception of an acceptable quality, in which case this requirement shall be diminished only to the extent absolutely necessary to allow reception of an acceptable quality;

o mounted, installed, attached, or placed no higher than absolutely necessary to

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obtain reception of acceptable quality;

o located so that it is not visible from the street or the adjoining property unless this requirement unreasonably impairs the viewer's ability to receive reception of an acceptable quality or unreasonably increases the cost of installation, in which case this requirement shall be diminished only to the extent absolutely necessary to allow a reasonable cost and acceptable quality; and

o screened with landscaping (except for antennas which are attached to the home at or above the first story eves) unless this requirement unreasonably impairs the viewer's ability to receive reception of an acceptable quality, in which case this requirement shall be diminished only to the extent absolutely necessary to allow a reasonable cost and acceptable quality.

o These Rules are intended to and shall comply with and be subject to Section 207 of the Telecommunications Act of 1996 and any future amendments thereto, and the regulations of the Federal Communications Commission promulgated pursuant thereto.

o Antennas designed to receive direct broadcast satellite services or multipoint distribution services which are greater than one meter (39 inches) in diameter may not be installed.

o With the exception of TV antennas permitted by this Section, no radio, television, or other electronic emitting or receiving antennae, satellite dish, antenna tower, or exterior receiver or transmitter shall be allowed on any Lot without the prior written approval of the ACC except as provided by the Rules.

Siding Material Infraction = Level 3 Rules & Guidelines: A change in siding design or material shall be submitted to and must be approved by the ACC before the work may commence.

Roof Replacement Infraction = Level 3 Rules & Guidelines: Roof replacements shall be submitted to and must be approved by the ACC before the work may commence per 8.8. See guidelines and processes, Item 2 above.

Windows, Exterior Doors and Garage Doors Infraction = Level 2 Rules & Guidelines: Window and door replacements which alter the exterior appearance of the building shall be submitted to and must be approved by the ACC before the work may commence.

Street facing Decks, Patios, Porches, Walkways and Driveways Infraction = Level 2 Rules & Guidelines: Any construction of or alteration of a deck, patio, porch, walkway, or

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driveway shall be submitted to and must be approved by the ACC before work may commence.

Storage Sheds Infraction = Level 2

CC&Rs: see 8.5

Rules & Guidelines: Tool sheds or outdoor maintenance storage structures shall be approved by the ACC prior to purchase and installation, shall be screened or placed out of street view or away from utility easement, shall match home color and be of a good quality (painted wood and matching roof preferred) to match home construction and color. No metal sheds will be approved.

Recreational Equipment Infraction = Level 2 Rules & Guidelines: Recreational equipment (such as, but not limited to) play equipment and tree houses may not be placed or maintained within any utility easement. Recreational equipment should be placed within the fence setbacks with a minimum two (2) foot setback from interior lot lines. Recreational equipment more than seven (7) feet high as measured from the ground shall be submitted to and must receive the approval of the ACC prior to installation. Recreational equipment shall not be placed in the front portion of a lot. Basketball hoops are exempt from the above stated rules except that they shall not be mounted on the house or garage.

Storage of Campers, Trailers, Boats, Etc. Infraction = Level 2

CC&Rs: see 7.7

Rules & Guidelines: “Other similar items” shall include, but is not limited to vehicles (e.g., cars, motorcycles, etc.) which are not being regularly used. Vehicles will not be parked or stored on the grass within view of the street.

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Storage of Mowers, Wheelbarrows, Trash and Recycling Containers, Firewood stacks, Building Materials and other similar items Infraction = Level 1 Rules & Guidelines: These items shall be stored in such a way that they are not visible from the

street and shall not be stored in the greenbelt areas. Building materials may be stored in sight only

if they are in active use during the construction of a project.

Heat Pumps, Generators, and Central Air Conditioning Equipment Infraction = Level 1 Rules & Guidelines: These items shall not be visible from the street.

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Referenced Excerpts from the Rosewood CC&R’s

7.6 (in part) – Commercial Use.

No commercial use shall be made of any lot or the buildings thereon, no equipment, tools, machinery,

goods or materials or supplies used in connection with any trade, service, or business shall be kept,

stored or maintained on any lot unless those items are kept inside the dwelling or garage or unless

those items are otherwise screened from the street and neighborhood vision “nor shall anything be

done on any residential lot which may be or may become an annoyance or nuisance to the

neighborhood”

7.7 (in part) - Vehicles No vehicle in excess of 6,000 pounds gross weight (including buses, trucks and trailers of any description) used for private purposes, shall be kept, parked, stored, dismantled or repaired outside of any lot or on any street within Rosewood. No old or not currently used cars and no boats, campers, vacation trailers, motorcycles and similar equipment shall be stored on any street nor on or outside of any lot unless screened from view. They may be stored only in a suitable screened area. The type of screening and area selected for such storage must be approved by the Architectural Control Committee. 7.9, 7.10, 8.4, 8.12 View, Fences, Height, and Excavation (in part) 7.9 View No building or structure erected and, excepting existing conifers, no native trees retained nor other trees, hedges, shrubbery or other landscaping planted shall be permitted in such a place or manner as will unreasonably obstruct the view or outlook from other dwellings within Sunrise Terrace No. 2. Each lot owner in Sunrise Terrace No. 2 shall prevent, by trimming and removal, the growth of trees or shrubbery which would likewise obstruct the view of other lots. 7.10 Fences. In no event shall there by any fence of an/ type situated anywhere upon a lot of a height greater than five (5) feet above the finished graded surface of the ground upon which the same is situated in the rear yard of the building site nor greater than three (3) feet in the front yard of any building site. The heights and elevations of any shrub, hedge, fence or wall shall be measured from the existing elevations of the property at or along applicable points or lines. All or any fences constructed on any lot shall be of wood material and of artistic design complimentary to the single family dwelling on the lot. No metal "chain link" type fences shall be allowed on a lot. 8.4 Height. All proposed construction shall be undertaken to as to not obstruct unnecessarily the view of any other lot in the development end shall be approved by the committee as to height prior to any construction. 8.12 Excavation. Artificial filling (including landscaping) shall be limited to twenty-four (24) inches in height. Water settling and vibratory compaction of the ground is prohibited on all lots. Cut banks shall not exceed six (6) feet and shall be retained utilizing rocketry or concrete retaining walls. Down slope filling shall not be more than twelve (12) inches thick for leveling purposes. Daylight basements may be constructed if excavation is less than four (4) feet into the existing soil, variances from these requirements must be approved in advance by the Committee. 7.11 Antennas. In no event shall any radio or television antenna be placed or erected on any lot within the

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development. – “No outside television or radio antenna of any kind shall be placed on any lot or upon any structure without written consent of the Architectural Control Committee.” 6.1 Creation of Lien and Personal assessment. Declarant hereby declares that each owner of any building site, by acceptance of the deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual assessments and special assessments for capital improvements. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided shall be a continuing lien upon the property against which each such assessment is made from the date hereinafter set forth. Each such assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be a personal obligation of the person who is the owner of such property at the time when the assessment fell due, such personal obligation snail not pass to his successors in title unless expressly assumed by them. In the event an Owner … shall fail to maintain the premises and the improvements … in a manner reasonably satisfactory to the Board of Directors, the Association after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right … to enter upon said Lot to repair, maintain and restore the Lot (including the cutting of grass and pruning of trees) and the exterior of the … buildings and any other improvements … The cost of such repair and restoration maintenance … shall be added to and become part of the assessment to which the lot is subject”. 6.9 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust. Sale or transfer of any building site shall not affect the assessment lien. However, the sale or transfer of any building site which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof Including sale under s deed of trust, shall extinguish any lien on an assessment which became a lien prior to such sale or transfer, such sale or transfer shall not release such building site from liability from any assessments thereafter becoming due or from the lien thereof.

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Infraction Schedule (per 1.0, 4.2, 6.1 and 6.9 in CC&R’s)

It is the Rosewood Homeowners Association’s desire to work with individual owners to resolve problems prior to issuance of a fine. In the event resolution cannot be reached, the following fines will apply to infractions listed above: Infraction Level 1: $100 for the first violation and $50 per month thereafter until

compliance is restored Infraction Level 2: $150 for the first violation, and $75 per month thereafter until the

infraction is resolved Infraction Level 3: $1,000 and $500 per month thereafter until the infraction is resolved These fines will be in addition to any legal fees or court costs that the Association may be entitled to receive in connection with efforts to resolve any infraction. For dispute resolution, please see the Rosewood Homeowners’ Association Dispute Resolution policy

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Rosewood Homeowners Association Dispute Resolution Policy

The process set forth below applies to violations of any covenant provision, policy, ACC guideline, or rule: 1. The association must provide the owner with a notice of the violation that contains:

(a) A reference to the rule or rules that the owner allegedly violated;

(b) A short statement of the evidence of the rule violation;

(c) The name of a person with firsthand knowledge of the facts that support the determination that

the violation occurred;

(d) A short statement of the action that the association intends to take, including the amount of

any fine, subject to the owner's right to request a hearing;

(e) A statement that if the owner wishes to contest or explain the violation, he / she must

submit a written request for a hearing to the association within fifteen days of delivery

of the notice of violation;

(f) A statement of the owner's rights to a hearing, to attend the hearing, to be represented by counsel,

and to review the evidence supporting the alleged violation;

2. Upon the timely request for a hearing from an owner, the association must set a hearing date no less

than thirty or more than sixty days from the association's receipt of the request. The association must

notify the owner of the hearing at least twenty days before the hearing and must include with the

notification a copy of the association's rules of procedure for conducting a hearing.

3. Upon a timely request by the owner who requested a hearing, the association must, at least 10 days

before the date of the hearing, either provide the owner with a copy of all its evidence concerning the

alleged violation, including copies of the complaint signed by a witness with firsthand knowledge of

the facts that support the determination that the violation occurred, or identify a reasonable time and

place at which the owner may inspect such evidence.

4. The association must permit the owner to be represented by counsel at the hearing;

5. The association must provide the owner with a written decision, including a statement of the reasons for

the decision, within thirty days after the hearing.

6. The chair of the hearing may adjourn or continue the hearing, if necessary, to gather

additional information that the association needs in order to make a decision.

7. If an owner does not request a hearing within fifteen days of the association’s delivery of the notice of

violation, the association may take the remedial action stated in the notice, including the imposition of

any fine listed in the notice.