TEXT OF PROPOSED CHANGES
(Deletions are shown in
strikethrough type and additions in bold underlined type)
On May 22, 2015, the Board of Directors approved the following Mandatory Emergency Rules Effective for 120 Days or until amended or Adopted by the TKPOA Board of Directors
WATER CONSERVATION RULES - MANDATORY
Purpose and Effect of Proposed Rule Change
To implement a mandatory and enforceable Water Conservation program for the Tahoe Keys Property Owner Association in compliance with the State of California – Executive Order B-29-15. [April 25th 2015 State of Emergency – Severe Drought Conditions]
PROPOSED CHANGES TO THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION (TKPOA) RULES
WATER CONSERVATION RULES - MANDATORY
A. HOMEOWNERS RESPONSIBILITY FOR WATER CONSERVATION
Members are required to maintain their landscaping in accordance with the Architectural Control Rules Brochure (ARCB). The TKPOA Members and Water Company are required to observe mandated water conservation requirements.
- Designated irrigation days are:
- Even Numbered Street Addresses: Monday, Wednesday, and Friday
- Odd Numbered Street Addresses: Sunday, Tuesday, and Thursday
- No irrigation between 6:00 am and 9:00 am, due to limitations on the TKPOA Water Distribution System.
- Do not allow water to flow over the ground surface or from sprinklers onto surfaces that are not able to absorb water, or on neighboring properties.
- Repair all leaks in plumbing and irrigation systems.
- The irrigation of non-landscaped, natural vegetation or undeveloped property is prohibited.
- Always use an automatic shut-off nozzle on hoses. Continuous discharge from a hose is prohibited.
- Water shall not be used to wash sidewalks, driveways, parking areas, tennis courts, decks, patios or other improved areas.
- Water use in water features such as fountains is prohibited unless the water is re-circulated.
- All Water Users are encouraged to report to the Water Company all signs of water leaks or water waste.
- Landscape irrigation on Saturday is prohibited.
- Drip irrigation systems and hand watering with an automatic shut-off nozzle are exempt from the designated irrigation days.
- Exemptions are:
- Newly planted sod will be exempt for twenty-one (21) days from date of installation.
- Seeded lawns, whether by hydro seeding or other means, will be exempt for thirty (30) days from date of seeding.
- Bedding plants, including annuals and perennials, will be exempt for fifteen (15) days from date of planting.
B. ENFORCEMENT PROCEDURES
General Approach (Voluntary Compliance):
- The objective of these rules shall be to promote and seek voluntary compliance by owners and tenants with the standards and restrictions set forth by the CC&Rs and Board of Directors.
- Under circumstances requiring immediate action, the Security Department and Architectural Control Department (ACD), as agents for the Association, will be allowed authorized to undertake immediate corrective action.
- Accordingly, In the event that the Association becomes aware of an infraction that does not necessitate immediate corrective action, the owner and/or tenant responsible for the violation will receive written notice thereof and will be given a reasonable opportunity to comply voluntarily. Such notice will describe the non-complying condition, request that the owner and/or tenant correct the condition within a reasonable time specified in the notice. It will also advise the owner of their appeal rights. The owner is ultimately responsible for the achievement of compliance and will be responsible for any fines or litigation, administrative costs, legal actions and fees necessary for the resolution of the violation.
C. NOTICE OF VIOLATIONS:
- First Notification – A notice which states the nature of the violation and will be issued to the property owner by the Association. The notification gives 5 to 14 days to correct the violation or to inform the Security Department, Architectural Control Committee (ACC) of a timeframe by which the violation will be corrected, shall be issued to the property owner and/or tenant- by the Association. In the body of the notice, the fine policy and the consequences of non-compliance will be clarified. The notification of violation will be mailed to absentee owners. It is the responsibility of the owner and/or his contractor to advise the Association when the violation has been corrected. A re-inspection of the property will be conducted to verify compliance and recorded in the property's file.
- Second Notification -- Those violations that are not promptly corrected by the owner are subject to a fine as prescribed in the Fines and Charges for Violations Procedures and Fine Schedule of the Rules in the TKPOA Annual Disclosures. A second notification letter stating that the owner must comply within 72 hours after first attempt to deliver a certified letter or contact the Association informing them of the time period by which compliance will be achieved.
- Recurrent Violations -- In the event the rule violations are recurrent, then ACC its discretion may start the enforcement process with the third and final notification.
- Third and Final Notification - A certified letter will be sent informing the property owner that the violation has not been resolved. The letter will inform the owner, at least 10 days before the meeting that a hearing will be held before the ACC to consider imposing a fine. The owner has a right to appear and address the ACC at the hearing. If a fine is imposed, the owner shall be notified in writing of the decision within 15 days following the action.
- Owner's Right to Appeal - The owner has the right to appeal to the Board of Directors if the owner is not satisfied with the decision. In those cases where an individual assessment (fine) has been imposed upon the property and the Board of Directors finds in favor of the property owner, a release will be issued after the violation has been appealed, heard, and deemed revoked by the Board.
- Lien on Owner's Property - Individual Assessments imposed upon a property are due by the date set by the Board of Directors. If the payment is not made on or before this date, a lien may be placed on the Owner's property by the Association will follow its collection policy.