A LIST OF THE MOST COMMON HOA QUESTIONS/ ISSUES
Q. Which homes are included in this HOA
- This HOA covers the following areas:
- Graf Street: homes from the cul-de-sac at the west end, east as far as the power lines
- NW 165th Terrace: all homes
- NW Scheel Terrace: all homes
- NW Cider Lane: all homes
- NW 163rd Place: all homes
- NW Sickle Terrace: homes approximately in the southern third of the street
- Downloads of the Graf 2 & 3 street plans are available on the Downloads page
Q. How much are the annual HOA dues
- The annual HOA dues are $100 per household. Invoices are sent to each household, usually in the early part of the year
Q. What do my annual HOA dues cover?
- The annual dues pay for the maintenance of the entry way landscaping, the maintenance of the grass strip along Springville Road, maintenance of the irrigation system, a portion of the maintenance costs of the fences backing on to Springville Road, the insurance that covers the HOA, funding events such as the Labor Day BBQ, Easter Egg Hunt, Annual General Meeting, Landscaping events, postage for newsletters and flyers, and the hosting for this website
Q. A homeowner has painted their house a color that is too bright/not earth tones/ out of keeping with the rest of the neighborhood, what can be done?
- See below “Issues covered by the CC&Rs”
Q. My neighbor is noisy/ has a noisy pet/ has noisy wind chimes, what can be done?
- See below “Issues NOT covered by the CC&Rs”
Q. What can be done about basketball hoops obstructing the pavement/ sidewalk?
- See below “Issues NOT covered by the CC&Rs”
Q. What can be done about boats and trailers being parked in the neighborhood?
- See below “Issues covered by the CC&Rs”
Issues covered by the CC&Rs
In general, the CC&Rs are concerned with maintaining the appearance of the neighborhood, and therefore cover topics such as paint colors, extensions to properties, fences, landscaping, upkeep of homes, trailer and boat parking, etc.
The CC&Rs were created by the original developers, and in the way our CC&Rs are worded, there is no content or provision covering what steps can be taken by the HOA in the event that a homeowner violates one of the CC&R restrictions. So, in practice, there is little the HOA can do to enforce the CC&Rs. The only recourse open to the HOA would be to take out an individual law suit against a homeowner who has violated the CC&Rs, which is clearly not what anyone wants to happen.
In order to attempt to redress this situation, in 2004, a proposed set of CC&Rs was drawn up that contained documented actions that the HOA could follow in order to enforce the CC&Rs. These CC&Rs were based on CC&Rs that exist in other neighborhoods. In order to approve the new CC&Rs, a vote was taken, which required a two-thirds majority of votes in favor in order to bring them into effect. A set of documentation was prepared and distributed to every homeowner, which contained the proposed set of CC&Rs, and what the implications of a “Yes” or a “No” vote were. The summary was that a “Yes” vote meant that the homeowners wanted the HOA to enforce the CC&Rs, and follow the procedures in the new CC&Rs, while a “No” vote meant that the existing CC&Rs would continue, and therefore the HOA would not be able to enforce them, and would not attempt to do so. Significant effort was taken to ensure that all homeowners knew about the vote, and everyone was encouraged to cast their vote according to their choice.
The vote was taken, but the required two-thirds majority was not reached. This meant that the CC&Rs remained unchanged, and remain mostly unenforceable. The only area in which documented enforcement procedures exist is for unpaid HOA dues, which was well covered by the developers when they wrote them.
In summary, the position the HOA takes is that, the vote of the homeowners indicated that they did not want an enforceable set of CC&Rs, and therefore did not want the HOA to attempt any form of enforcement where violations occur. The HOA respects the wishes of the homeowners in this matter.
At any time, a revised set of CC&Rs could be drawn up and presented for a new vote. If any homeowner feels strongly that this should happen, then they are free to propose this.
Issues NOT covered by the CC&Rs
If you have a concern or dispute with a neighbor, and it is over an issue not covered by the CC&Rs, the ARC and Home Owners Association has no authority or jurisdiction and cannot take action. This may, for example, include noisy pets, windchimes, inappropriate parking, or improperly located basketball hoops. These may be covered by County regulations so if you have an issue such as this we recommend you consult the County.