1 Introduction to these bylaws.
1.1 The recorded “Covenants, Conditions and
Restrictions of Hearthstone”, the CC&Rs, reference bylaws for the
administration of the Association and Property. The bylaws, adopted by the Owners, are to further the intent of
the CC&Rs. The CC&Rs are
recorded as 8903070250, Volume 2211, pages 1593 through 1640.
1.2 The Owners in the Association have
adopted these bylaws. The bylaws listed
in this recording are current as of April 19, 2001. It is the intent of the Board to periodically update the recorded
bylaws if and when additions occur. To
determine if changes or additions have been made to the bylaws after the above
date, contact the current Board of the Association.
2 Bylaws
2.1 Addressing section 4.5.3 of the
CC&Rs, Quorum Requirements for the Association Meeting, was adopted
at the annual meeting of October 20, 1994.
At all meetings of the
Association, Owners, who are either present in person or by proxy who hold
forty percent (40%) of the total voting power, shall constitute a quorum. Owners holding a majority of the total
voting power, present and entitled to vote, either in person or by proxy, shall
be sufficient for the passage of any motion or the adoption of any resolution,
except in connection with amendment or repeal of this Declaration. If the required quorum is not present,
another meeting may be called subject to the requirement of written notice sent
to all members at least ten (10) days in advance of such a meeting, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum for the preceding meeting.
In the absence of a quorum at the members’ meeting, a majority of those
present in person or by proxy may adjourn the meeting to another time but may
not transact any other business. An
adjournment for lack of quorum shall be to a date not more than thirty (30)
days from the original meeting date.
2.2 Addressing section 7.14 of the
CC&Rs, Antenna, Satellite Dish, a guideline was adopted at the
January 5, 1995 board meeting.
As a clarification
of the guideline for 7.14 which is prompted by new technology in satellite
communication utilizing 18” or smaller satellite dishes, the board must approve
the use of the small dishes with the following stipulations:
· No free standing antenna or satellite
system.
· The unit must be attached to the house.
· The unit must not be obtrusive to view.
2.3 Addressing section 6.3 of the CC&Rs,
Restrictions on Storage, this bylaw was adopted by the Association at
the annual meeting in October of 2000.
This is the “if no one can see it, who cares” clause.
Any vehicle, such as
a tent trailer, that can be completely hidden from view as seen from other
lots, common areas and streets, shall be exempt from the RV parking rule as
long as there is no visible driveway or other indication that such an item is
stored on the property.
2.4 Addressing the situation where Owners
have changed the residential nature of the Hearthstone lots, the following two
bylaws have been adopted at the October 2000 annual meeting to clarify the
intentions of the CC&Rs.
In the interest of keeping Hearthstone a residential neighborhood,
driveway additions that exceed 350 square feet shall not be allowed.
Landscape removal for the purpose of adding a driveway to a property
shall require ACC approval.
3 Guidelines. This
section presents guidelines that are not strictly bylaws but are guidelines,
documented by the Board, to help maintain the consistent enforcement of the
CC&Rs
3.1 As recorded in a memo from the Board to
the ACC on November 10, 1997: This is a
vehicle storage guideline. In reference
to Section 6.3 of the CC&Rs, it was the Board’s understanding and
interpretation of this section that stored vehicles must be:
· Suitably screened from the view of the
street and any neighbors.
· They can be no closer than five (5) feet
from any homeowners’ property lines.
· All neighbors, who can possibly see the
vehicle, will be queried for their approval.
· The homeowner making the request will also
supply the Board with a detailed plan as to how they intend to shield the
vehicle from view from the street.
3.2 During
the months of May 1998 to October 1998, the HOA board accomplished a review of
vinyl siding products. It was determined
that vinyl siding was not an appropriate alternative to cedar siding. The board recommends cedar siding and will
not approve vinyl. Replacing LP with LP
is not an external change so a homeowner who wishes to do so would receive
approval. Other types of siding are
beyond the scope of the mentioned siding review and if non-cedar or non-LP
siding was requested, a new review of whatever was requested would be started
at that time.
3.3 Roofing: One Hearthstone house, the one with the oldest roof, was approved
as a test case for non-cedar shingles.
The approved material was review by the board. It is a 40-year architectural composite roofing material that was
designed to look like cedar. This was
approved with the understanding that good cedar shake are becoming difficult to
acquire and the cedar shakes that are available result in a roof with a
significantly shorter lifetime than can be obtained with the 40-year
architectural composite type material.
The guidelines used included the requirement that they “look like” cedar
shakes and that they have reasonable life expectancy such that their appearance
will not rapidly diminish. The
acceptance (or non-acceptance) of this test case will help guide future roofing
material approvals.