Homeowner's Association -
Fairwood , Washington
Rules & Regulations
Recreational Vehicles
I. INTRODUCTION:
1.1 Authority. The presence of Recreational Vehicles (“RVs”) in the neighborhood is governed by the Declaration of Covenants, Conditions and Restrictions (“Covenants”) and may be regulated consistent with Covenants and the Homeowners’ Association Act, Chapter 64.38 Revised Code of Washington. Article VIII of the Covenants requires each homeowner to provide exterior maintenance of his/her own lot. Article IX, Section 4 of the Covenants prohibits anything from being done on any lot which may be or may become an annoyance or nuisance to the neighborhood. The Covenants are intended to enhance and protect the value, desirability, and attractiveness of the neighborhood.
1.2 Definition. An RV shall refer to and mean any trailer (whether for boats, camping or any other use), travel trailer, bus, motor home or camper, and “all-terrain vehicle” with more than two wheels, as well as snowmobiles, jet skis and boats, and all other equipment with the primary purpose of transporting or holding people which are typically considered as used for personal recreational use, as opposed to daily or routine family transportation or similar use. Motorcycles and golf carts are not included.
1.3 Purpose. The prolonged presence of RVs in the neighborhood can be unattractive if not properly maintained. This regulation is adopted to prevent the prolonged presence of RVs from becoming an unattractive annoyance or nuisance to the neighborhood and to require approved screening of RVs in the exterior maintenance of each homeowner’s lot when the presence of an RV is prolonged.
1.4 Permissive RV Parking. RV under 6000 pounds gross weight parking is permitted on the homeowners property provided the RV is not visible from the street, and if parked outside, is not offensive to any of the neighboring homeowners.
II. PROHIBITED ACTIVITY:
2.1 6,000 Pounds. Recreational Vehicles (“RVs”) in excess of 6,000 pounds gross weight may not be kept, parked, stored, dismantled or repaired outside on any lot or street within the neighborhood. See Article IX, Section 4 of the Covenants.
2.2 Garage or Carport. RVs may not be stored inside a building or structure larger than a garage or carport designed for three standard size passenger automobiles. See Article IX, Section 1 of the Covenants.
2.3 Residences.
RVs may not be used for temporary or permanent residences. See
Article IX, Section 5 of the Covenants.
III. loading, unloading, and/or cleaning:
3.1 48 Hours. Homeowners may have up to 48 hours to load, unload, and/or clean an RV on or adjacent to their property, unless extended as permitted in Part 3.2. Four (4) of these 48 hour periods are allowed within a 30 day period (this shall not be interpreted as being consecutive periods of time, i.e. 8 days in a row). No permit will be required, but RVs that remain longer than 48 hours will be in violation of this Rule and the covenants and subject to fines and/or being towed away at owner’s cost..
3.2 Extension Permit. An RV may be at a homeowner’s property or on the adjoining street for longer than 48 hours, provided:
a. A prior written request for a permit pursuant to Part 3.3 is submitted to the Association – attn: Property Maintenance Committee.
b. The permit is issued to the homeowner by the Association.
c. Permitted extensions do not exceed seven (7) days per quarter.
3.3 Permit Requests. In order to ensure a timely permit confirmation, a written request for an extension permit must be received by the Association no less than seven (7) calendar days prior to the arrival of the RV, and must contain the following information:
a. Name and address of the homeowner,
b. Both the arrival date and departure date of the RV,
c. Year, make, model, and license plate number of the RV,
d. RV owner’s name and address,
e. Signature and date of requesting homeowner.
3.4 Permit Display. Valid permits issued by the Association must be displayed prominently on the RV so that the Fairwood Greens’ Security Patrol can easily verify it. Displayed prominently means in the front window, driver side, unless the RV is parked with front end toward the house, then in rear window. Homeowners who park their own or a guest’s RV without a valid permit will be in violation of this regulation and may be subject to a fine and/or being towed away at owner’s cost.
IV. SCREENING
Screening is subject to Homeowners first submitting plans and specifications to the ACC Committee for approval prior to any installation or work on screening. Screening may include landscaping, fencing or lattice, but no tarps, subject to approval by the ACC committee as to materials, color, size and adequacy for screening purposes. Whatever is submitted and approved for use for screening must be adequate to screen the RV so that it is not visible from the street or deemed unsightly by neighbors.
V. Violations
5.1 Notice. When the Board of Trustees (“Board”) is advised of a violation of this regulation, the Board will give written notice (“Notice”) of the violation to the owner of the lot where the violation is occurring. The owner of the lot shall remove the RV in violation of this regulation.
5.2 Fines. If the owner of the lot fails to timely remove the RV after receipt of the Final Notice, the Association may fine the owner as follows:
a. First violation: $50/day
b. Second violation: $100/day
c. Third and subsequent violations: $200/day
d. A single violation shall include immediately subsequent consecutive days of noncompliance.
5.3 Other Action. In addition to fines, the Association may seek legal action against the owner of a lot in violation of this regulation, including without limitation towing and storage of the RV at the expense of the owner of the lot where the RV is located. Fines may continue to be assessed for so long as the violation continues, even while legal action is pending. All legal expenses associated with the enforcement of this regulation by the Association shall be paid by the offending owner.
5.4 Lien. All fines and expenses owed pursuant to this Rule are lien able, may be recorded as a lien against the real property of the offending owner, and shall be considered and may be collected as if they were an assessment under the covenant provisions covering assessments.
5.5 Appeal. Fines issued, and actions taken, by the Association pursuant to this Rule may be appealed pursuant to the Association’s Rules and Regulations on "Appeal Process".
VI. MISCELLANEOUS
6.1 Effective Date. This regulation shall become effective 60 days after being adopted and enacted by the Board.
6.2 Enforceability. If any portion of this regulation is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the regulation.
ADOPTED AND ENACTED BY THE BOARD - April 24, 2007.