Kensington Courts Community Association,
Inc.
Association Rules
(Rules Expressly Subject to Fines and/or Other Direct Enforcement
Action)
Notice: In Service to Improved Community Communication,
the Following List of Association Rules simplifies, summarizes
and clarifies the intent of the KCCA, Inc., Covenants, Bylaws,
& Articles of Incorporation, in terms of those actions or
inactions that can result in “violation conditions”,
which can result in the imposition of immediate fines and/or other
legal consequences.
This list is not an exhaustive list of all covenanted obligations
& restrictions, but represents only those things, which are
expressly subject to immediate “fines” or other legal
“corrective actions”. More complete detail can be
found within KCCA Policy Statements and the text of the Governing
Documents, themselves.
In accordance with the Maryland Homeowners Association Act, this
list of Rules is on File with the Cecil County Homeowners Association
Depository, which is maintained by the Clerk of the Cecil County
Circuit Court, and although this List is subject to revision at
any time, the most current version can always be viewed &
obtained at the Cecil County Homeowners Association Depository
or at our website (www.kccaelkton.com). Please contact the Board
of Directors for any questions or clarifications by email at directors@kccaelkton.com.
The first digit of the Rule Number designates the KCCA Policy
Number which provides the reasoning, context, & guidelines
for the rule.
Association Rules- Contents
General
Authorization
Animals
Number of Animals
Allowed
Animal Threats
and/or Damage
Dogs Running Loose
Animal Waste
Nuisance Animal
Notice of Fine
Pit Bulls
Dog Houses
Dog Size
Architectural Control
Leasing of Property
Architectural
Changes & Approvals
Fences & Gates
Structures
and/or Other Buildings
Shed Approvals
Deck Installations
Storm Doors
Flags & Flag
Poles
Painting
of Concrete Structures
Day Care
Provider Registration
Modifications
to Swales or Ditches
Reversal of Non-compliant Architectural Changes
Removal of Non-compliant Signs
Removal of Non-compliant Radio or Television Antennas
Removal of Non-compliant Vegetation or Landscaping
Removal of Non-compliant Basketball Backboards
Removal of Non-compliant Window Air Conditioners
Removal of Unapproved Yard Ornaments
Improper Window Treatments
Removal of Unapproved Exterior Lighting
Vehicles
Derelict or Unlicensed Vehicles
Commercial Vehicles & Large Trucks
Trailers, RV’s , Campers, Buses
Machinery & Equipment
Boats & Boating Season
Off Road Vehicles/ATV’s
Reckless Driving
Use Restrictions
Destruction of Property
Dangerous or Prohibited Activity
Dumping of any Materials
Encroachment upon Common Grounds
Planting or Installing Items on Common Grounds
Moderate Litter or Debris on Common or Public Property
Minor Littering
Publicly Posted Common Area Rules
Burning of Trash, Leaves, Brush, or Wood
Discharge of Firearms
Interference with Official Association Business
Interference with Easement Rights
Noxious Trade or Activity
Human Habitation in Garages or Outbuildings
Reasonable Property Maintenance
Excessive Noise
Prohibited Business Activities
Unfenced or Unapproved Pools
Removal of Accumulated Lumber, Scrap Materials, Junk, etc.
Accumulation of Litter or Minor Debris upon Lot
Failure to Keep Grass of Lot Cut
Dirty or Moldy Siding or Other Lack of Property Cleanliness
Removal of Toys and/or Clutter
Improper Storage of Trash & Recycling Containers
Improper Hose Storage
Improper Drying or Airing of Clothes
Unauthorized Removal of Trees from Member’s Lot
Cease & Desist Order
Miscellaneous Violations
General Rules
General Authorization
COVENANT ENFORCEMENT RULE 1-1: This Rule “incorporates by
reference” all of the Fines and other Penalty provisions
Documented in the “KCCA Violation Fine Table” as part
of the body of this Rule, and extends the effect of those Fines
and Penalty Provisions to the various other relevant Rules as
documented within the remainder of all Community Policy Statements
and this Community Rules Summary (below), itself.
Number of Animals Allowed
COVENANT COMPLIANCE RULE 2-1: The keeping of more than Two Dogs
or Two Cats, or Any Other Covenant Prohibited Animal shall constitute
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #3.1 of the KCCA Violations Fine Table, as last
published.
Animal Threats and/or
Damage
COVENANT COMPLIANCE RULE 2-2: Pursuant to Association Covenants
& Published Policies, no member shall permit any animal owned
or kept by them, their family, visitors, leasees, etc. to cause
material damage to the personal property of others, to community
property, or to public property, or to behave so as to cause others
to reasonably fear for their safety. Any failure to prevent such
occurrence shall constitute a violation, subject to fines &
other enforcement measures, pursuant to Ref. #1.1 of the KCCA
Violations Fine Table, as last published., and has the potential
to result in an animal being declared to be a Nuisance Animal
and Removed from the Community pursuant to Ref. #2.1 of that same
Fine Table. Note: Severe instances may result in an animal being
immediately declared an nuisance animal, resulting in the issuance
of a notice for immediate removal.
Dogs Running Loose
COVENANT COMPLIANCE RULE 2-3: Pursuant to the covenants &
ordinances reverenced above, no member shall permit any animal
owned or kept by them, their family, visitors, leasees, etc. to
be present anywhere within the community, outside of a home or
fenced-in back yard, without being accompanied by a responsible
person, either carried or on a leash, and at all times registered,
licensed, & inoculated as required by law. Any failure to
prevent such occurrence shall constitute a violation, subject
to fines & other enforcement measures, pursuant to Ref. #2.2
of the KCCA Violations Fine Table, as last published., and has
the potential to lead towards an animal being declared to be a
Nuisance Animal and Removed from the Community pursuant to Ref.
#2.1 of that same Fine Table.
Animal Waste
COVENANT COMPLIANCE RULE 2-4: Pursuant to the covenants &
ordinances reverenced above, no member shall permit any animal
owned or kept by them, their family, visitors, leasees, etc. to
defecate on any community or public lands, or on any other property
that is not that of the member. Any failure to prevent such occurrence
shall constitute a violation, subject to fines & other enforcement
measures, pursuant to Ref. #2.3 of the KCCA Violations Fine Table,
as last published., and has the potential to lead towards an animal
being declared to be a Nuisance Animal and Removed from the Community
pursuant to Ref. #2.1 of that same Fine Table.
Nuisance Animal
COVENANT COMPLIANCE RULE 2-5: Pursuant to the covenants reverenced
above, an animal may be declared to be an nuisance animal for
any of three reasons: (1) it meets the definition of a “Pit
Bull” as defined by association Policy; (2) it has demonstrated
itself to be a clear and present danger to the community; or (3)
there has been a pattern of covenant violations, regarding the
presence of this animal within the community, and the owner has
been insufficiently responsive to multiple written notifications,
regarding those violations.
In the event that an animal is found by the covenants committee
or Board of KCCA to be a “nuisance animal” a Formal
Notice Requiring Immediate Removal will be issued to the resident
(and Lot owner, if the residence is a leased property). Failure
to comply with this Notice will constitute a Violation, subject
to fines & other enforcement measures, pursuant to Ref. #2.1,
of the KCCA Violations Fine Table, as last published.
Note: “Offense Recognition”, for purposes of computing
and assessing fine amounts, and for purposes of supporting the
finding an animal to be a “nuisance animal” will be
counted, assessed and tracked against the individual animal, meaning
that offenses involving multiple animals may result in multiple
fines.
Notice of Fine
COVENANT COMPLIANCE RULE 2-6: Pursuant to Association covenants
& policies reverenced above, any and all fines assessed for
any of the above infractions must be paid within 30 days of the
receipt of a Notice of Fine. If Fines are not paid within this
timeframe, the animal may immediately be declared a nuisance animal
and legal action initiated to (1) remove the animal from the community,
and (2) to collect the past due fine assessments, along with any
and all collection costs, including attorneys fees and court costs.
Requests for Hearing will result in this 30 day fine period, being
extended & reinitiated as of the date of the Notice of Final
Determination.
Pit Bulls
COVENANT COMPLIANCE RULE 2-7: For purposes of enforcement of the
community prohibition against the keeping of Pit Bulls, the term
“Pit Bull” is hereby defined to include the following:
All breeds that are determined by the Board to be concentrated
derivatives of the cross-breeding between Old English Bulldogs,
and Early English Terriers. These expressly include (1) Staffordshire
Terrier; (2) Staffordshire Bull Terrier; (3) American Staffordshire
Terrier; (4) American Bull Terrier; (5) American Pit Bull Terrier;
(6) any mixed breed that includes any of these breeds- which,
by definition, must include all Bull Terrier mixes; and (because
the association does not intend to accept the obligation to do
DNA testing on dogs) (7) any animal that appears (in the reasonable
judgment of the board) to exhibit the physical appearance of one
of these breeds or mixed breeds. The determination of the Board,
as to a dog’s “Reasonable Pit Bullness”, is
final, except in the case of compelling evidence to the contrary,
that a dog is not of a breed that is generally in this line of
descent. In that case, the Board has a duty to act in a non-capricious
manner, and respond reasonably.
Dog Houses
COVENANT COMPLIANCE RULE 2-8: Dog Houses are permitted, provided
that they are the same color and materials of the primary dwelling
on a member lot. Dog Runs are permitted throughout the development
EXCEPT for Block 11 (including Heather Court and the 100 block
of Highland Drive), which is expressly prohibited by Covenant
from having Dog Runs. For those areas permitted to have Dog Runs,
they must be rectangular or square, and may not exceed a length
of 10 feet on any side. Any violations of this rule constitute
an architectural violation, subject to fines & other enforcement
measures, pursuant to Ref. #3.4 of the KCCA Violations Fine Table,
as last published.
Dog Size
COVENANT COMPLIANCE RULE 2-9: Pursuant to an Amendment to the
Covenants, Conditions and Restrictions, which was passed by community
referendum, there are no longer any size restrictions, on dogs
within this development.
Leasing of Lots
COVENANT COMPLIANCE RULE 3-1: Property owners are required to
submit copies of any proposed lease use forms to the Association
Board for review and approval, prior to the actual use of those
documents. No lease agreement may be executed unless it is by
way of a form that is compliant to covenant requirements and has
been approved by the Board.
Failure of a Member to comply with these requirements shall constitute
a violation, subject to fines & other enforcement measures,
up to and including termination of lease, pursuant to Ref. # 2.4
& 2.5 of the KCCA Violations Fine Table, as last published.
Architectural Changes
& Approvals
COVENANT COMPLIANCE RULE 4-1: Homeowners are required to refrain
from making any physical alterations or additions to the exterior
of their property, which are material in nature or are otherwise
identified by association covenants, policies, or rules, until
such time as they have received written authorization from the
Board of Directors or its designated Covenants Committee
Any Failure of a Member to comply with this requirement shall
constitute a violation, subject to fines & other enforcement
measures, pursuant to Ref. # 3.2 of the KCCA Violations Fine Table,
as last published.
Fences & Gates
COVENANT COMPLIANCE RULE 4-2: Any metal or wire fencing, including
chain-link, is expressly prohibited, except for thin wiring fencing,
used inside of (and in conjunction with approved wooden or synthetic
material fences), when used for the purpose of increasing the
ability of that fence to confine animals to a member’s yard.
“Stockade” or “Panel” fencing is expressly
prohibited, but “Split Rail” or “similar”
fencing (as determined by the Board of the Association) is permitted.
In all cases, proposed fence installations must be submitted to
the Association for Architectural Review, and written approval
received, before installation activities are initiated.
No Fence (incl continuous shrub plantings creating the effect
of a fence or a wall) may extend forward of the rear building
line of the dwelling on any lot. This does not prohibit (1)the
planting of rows of shrubs along the exterior wall of a building,
or (2)individual shrubs, which do not give the effect of a fence
or wall.
Fences & gates may not be painted, but may be stained in “earth
tones” only. In particular, wood fences may be treated with
“neutral color wood preservatives”. In this context,
this means that transparent or semi-transparent wood treatments
(which may include wood toned stains) are permitted. Note: The
uncertain use of the term “neutral colors” within
Article IX, Section 2(s) of the Declaration of Covenants, is clarified,
within Article IX, Section 2(b), to refer to wood stains only.
Fence height limitation is dependent upon one’s address.
In parts of the development fences may not exceed 48” in
height, while in other parts they may exceed 48”, as long
as they do not exceed 60”. It is the responsibility of the
homeowner to determine which limit applies, by checking the website
disclosure (by address) on that subject, or by verifying with
the Board. Fences may not extend forward of the rear line of a
house.
The failure of a Member to comply with any of these constraints,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. # 3.3 of the KCCA Violations Fine Table,
as last published, and may indicate a failure to secure an Architectural
Approval for that Change, thereby constituting a second violation,
subject to fines & other enforcement measures, pursuant to
Ref. # 3.2 of that same Fine Table.
Structures and/or Other Buildings
COVENANT COMPLIANCE RULE 4-3: No Shack, Barn, Stable or any other
Building or Structure may be erected on any Lot at Any Time, with
the exception of certain sheds and/or garages, which have been
architecturally approved in writing by the association. Garage
conversions (which convert garages to living space) are expressly
prohibited.
Attached garages may be added onto houses that do not presently
have them, or may be modified, so long as they are architecturally
& structurally consistent with the existing house, and the
community overall, and so long as they result in an aesthetically
acceptable end product, including the size and location of such
projects, relative to the residential lot they are to be constructed
upon.
Detached garages may be constructed upon lots (or modified) consistent
with the same conditions placed upon Attached Garages, and provided
(1) they do not exceed 24 feet in length, 22 feet in width, or
walls of 9 feet in height above the pad; (2) they are sided and
roofed with the same materials and colors as the house on that
lot; (3) they include concrete or block foundations and concrete
floors; (4) they include a blacktop driveway from their entrance
to the existing driveway; (5) they are not used for anything other
than primarily as a parking area for residential vehicles; and
(6) they are not constructed to provide for human habitation,
nor are actually used for human habitation, consistent with Article
IX, Sections 2(x) and 2(z) of our Covenants. In addition, no side
wall may exceed 10 feet in height, from the natural ground level
to the top edge. The total height of the roof peak may not exceed
18 feet, and the pitch of the roof may not be less than 5/12 nor
more than 10/12.
The failure of a Member to comply with any of these constraints,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. # 3.4 of the KCCA Violations Fine Table,
as last published, and may indicate a failure to secure an Architectural
Approval for that Change, thereby constituting a second violation,
subject to fines & other enforcement measures, pursuant to
Ref. # 3.2 of that same Fine Table.
Sheds
COVENANT COMPLIANCE RULE 4-4: Shed installations or alterations
must be approved in writing, in advance, with respect to color,
materials, style, design, size and location. Some of the fundamental
architectural guidelines for Shed Approval are: (a) it cannot
exceed 144 total square feet and it cannot exceed 8 feet in height
from the top surface of the inner floor; (b) it must be constructed
primarily of wood and wood products; and (c) it cannot be located
(in whole or part) in front of the rear foundation line of a primary
dwelling. In no case are metal sheds permitted.
The failure of a Member
to comply with any of these constraints, constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. # 3.4 of the KCCA Violations Fine Table, as last published,
and may indicate a failure to secure an Architectural Approval
for that Change, thereby constituting a second violation, subject
to fines & other enforcement measures, pursuant to Ref. #
3.2 of that same Fine Table.
Decks
COVENANT COMPLIANCE RULE 4-5: Deck installations or alterations
must be approved in advance, with respect to color, materials,
style, design, size and location.
If a Deck is to be constructed of wood it cannot be painted, but
may be stained in wood or earth tones only (this means various
tones of ‘brown’, not ‘green’). In addition
to wooden decks (which remain controlled as described above),
composite material decks (and associated synthetic elements) are also
permissible. They ALSO may not be painted, but may be stained with an
approved stain, or may have color embedded within the material itself,
so long as in ANY Event the Final Resulting Color is an earth tone
(brown) color. It is permissible to have a wooden deck with composite
material rails, provided no painting is involved and rail colors are limited
to earth tone browns.
The failure of a Member to comply with any of these constraints,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. # 3.4 of the KCCA Violations Fine Table,
as last published, and may indicate a failure to secure an Architectural
Approval for that Change, thereby constituting a second violation,
subject to fines & other enforcement measures, pursuant to
Ref.
# 3.2 of that same Fine Table.
Storm Doors
COVENANT COMPLIANCE RULE 4-6: Storm doors must be of “traditional
design and must be full view clear glass”. Architectural
compliance of a proposed storm door is determined according to
published policy by the Board of the Association. Accordingly,
Storm Doors must be approved by Architectural Review, before they
are installed.
The failure of a Member to comply with any of these constraints,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. # 3.4 of the KCCA Violations Fine Table,
as last published, and may indicate a failure to secure an Architectural
Approval for that Change, thereby constituting a second violation,
subject to fines & other enforcement measures, pursuant to
Ref.
# 3.2 of that same Fine Table.
Flags and Flag Poles
COVENANT COMPLIANCE RULE 4-7: The placement of ground-based flag
poles is not permitted. However, small flag poles (not exceeding
1” in diameter or 6 feet in length), which mount directly
to the wooden frames of homes, are permitted, provided that the
flags being flown are (in the view of the Association) of a reasonable
size, not of an offensive nature, and do not detract from the
general aesthetics of the community. Small “garden flags”
are also permitted, provided that the poles do not exceed 6 feet
in length and the flags do not exceed 4 square feet in area. In
the case of the flying by members of United States Flags, they
must not be flown in a disrespectful or offensive manner as defined
by Federal Statutory Law.
The installation of an unauthorized Flag Pole constitutes a violation,
subject to fines & other enforcement measures, pursuant to
this Rule, Rule 4-1 & Ref. #3.2 of the KCCA Violations Fine
Table, as last published, and a failure to correct such violation
by Notification Due Date may thereby constitute a second violation
pursuant to this Rule, Rule 8-12, and Ref. #3.4 of that same Fine
Table.
The flying of flags, other than as approved or permitted above,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to this Rule, Rule 8-30 & Ref. #4.16 of
the KCCA Violations Fine Table, as last published.
Painting of Concrete
Structures
COVENANT COMPLIANCE RULE 4-8: CONCRETE APPURTENANTS-
Concrete porches, sidewalks, foundations, and other similar structures
may not be painted. It has been concluded that the intent of the
principles embedded in the express covenanted prohibition against
the painting of wooden structures is properly extended to proposals
to paint concrete structures. It has been concluded that such
treatments would materially detract from the aesthetic quality
of our community, even when such paint is fresh, and substantially
more when they become worn, faded, or begin to peal.
The painting of concrete structures constitutes a violation, subject
to fines & other enforcement measures, pursuant to this Rule,
Rule 4-1 & Ref. #3.2 of the KCCA Violations Fine Table, as
last published, and a failure to correct such violation by Notification
Due Date may thereby constitute a second violation pursuant to
this Rule, Rule 8-12, and Ref. #3.4 of that same Fine Table.
Derelict or Unlicensed Vehicles
COVENANT COMPLIANCE RULE 5-1: No derelict or unlicensed vehicles
(as determined by the Board of the Association) may be kept upon
the Common Areas or on Private Lots, anywhere within the development,
including the public and/or private streets adjacent to these
areas. No automotive maintenance activities can be conducted in
any of these areas, other than minor maintenance of a very short
term and occasional nature. Exception: Junk Vehicles may be stored
in closed garages, and longer term, personal mechanical work (not
as a business) may be performed in garages, provided that it is
kept out of the public view by garage doors being kept closed,
except for brief periods when it is not necessary for moving things
in and out of that garage.
Failure of a member to refrain from these impermissible uses constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Refs. #2.6 and/or #2.7 of the KCCA Violations Fine
Table, as last published.
Commercial Vehicles
& Large Trucks
COVENANT COMPLIANCE RULE 5-2: Unless it can be, and IS, stored
within a closed garage, no Commercial Vehicles or Trucks exceeding
¾ Ton may be kept anywhere within the development, including
the Common Areas, Private Lots, Private Streets, and Public Streets.
Vehicles under ¾ ton may be kept on property, pursuant
to the other requirements of these covenants.
Failure of a member to refrain from these impermissible uses constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #2.8 of the KCCA Violations Fine Table, as last
published.
Trailers, RVs, Campers,
& Buses
COVENANT COMPLIANCE RULE 5-3: Unless they can be, and ARE, stored
within a closed garage, no Trailers, Recreational Vehicles (including
motor homes), Campers, Buses, or similar vehicles, may be kept
anywhere within the development, including the Common Areas, Private
Lots, Private Streets, and Public Streets. Exception: R.V.s or
campers may be parked on a private driveway for short term periods
if it is an infrequent event. For example: (1) for loading and
unloading for occasional, personal trips; or (2) short term periods
(2 weeks or less) if family members are visiting from distant
areas, not more than once per year. Permanent or recurring “storage”
of these vehicles on property is expressly prohibited.
Failure of a member to refrain from these impermissible uses constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #2.9 and/or #2.10 of the KCCA Violations Fine
Table, as last published.
Machinery & Equipment
COVENANT COMPLIANCE RULE 5-4: Unless they can be, and ARE, stored
within a closed garage, no Machinery or Equipment of any kind
or character may be kept anywhere within the development, including
the Common Areas, Private Lots, Private Streets, and Public Streets.
Exception: (1) Machinery that is “reasonable and customary”
in the use and maintenance of a home (such as lawn mowers, trimmers,
water pumps, emergency generators, small compressors, etc.) may
be kept in garages or sheds; and (2) equipment and machinery required
by the Association in connection with maintenance and operation
of the Common Area may be stored on the property, as the Board
Determines.
Failure of a member to refrain from these impermissible uses constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Refs. #2.11 or #4.1 of the KCCA Violations Fine Table,
as last published.
Boats & Boat Storage
COVENANT COMPLIANCE RULE 5-5: As a matter of current Board Policy,
for purposes of enabling reasonable enforcement of the boat storage
covenant, “Boating Season” shall be defined as running
from May 1st to October 31st of each year. During “Boating
Season”, boats on side yards or side driveway shall be presumed
to be “in transit” from or to backyard storage, and
from or to recreational use, and will not be deemed to be in violation
of this covenant.
However, boats parked or stored in driveways (except on sides
of houses), in front yards, on common areas, or on streets, at
any time of the year, constitute a violation, subject to fines
& other enforcement measures, pursuant to Ref. # 2.12 of the
KCCA Violations Fine Table, and if that violation condition is
not corrected by deadline of an issued Correction Notice, constitutes
an additional violation, subject to additional fines & enforcement
measures, pursuant to Ref. #2.13 of that same Fine Table.
Notwithstanding this qualification, beginning November 1st of
each year, and through April 30th of each year, any boat sitting
at any location other than “properly stored” (as defined
within association covenants) within a back yard of a residential
lot, shall be deemed in violation, and shall be subject to a fines
under both of those same Fine Table Refs.
Off Road Vehicles /
ATVs
COVENANT COMPLIANCE RULE 5-6: Except for the lawful operation
of Registered and Tagged Motor Vehicles on the streets of the
development, the operation of “All Terrain Vehicles (ATVs)”
and motorcycles (together referred to as “off road vehicles”)
within our development is expressly and strictly prohibited.
Failure of a Member, including family members, guests, leasees,
etc., to refrain from engaging in these prohibited acts constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #1.2 of the KCCA Violations Fine Table, as last
published.
It should be noted that upon a 4th violation of this prohibition,
the member’s privilege to keep off-road vehicles anywhere
within the development (including owner’s own lot) will
be forfeit for a period of 10 years.
In addition to this, repeated violations may result in civil and/or
criminal prosecution.
Reckless Driving
COVENANT COMPLIANCE RULE 5-7: Reckless or otherwise Dangerous
Driving within the Development, which could reasonably be expected
to put community residents or visitors at risk, including speeding,
running stop signs, or other traffic violations, and including
the dangerous operation of any vehicle, anywhere within the development,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #1.3 of the KCCA Violations Fine Table,
as last published.
Destruction of Property
COVENANT COMPLIANCE RULE 6-1: The Intentional or Negligent Destruction
of personal or real property, whether community property, private
property, or public property is prohibited, and any such act constitutes
a violation of Community Rules, subject to fines & other enforcement
measures, pursuant to Ref. #1.4 of the KCCA Violations Fine Table,
as last published. This includes the unauthorized removal of trees
on the Common Areas or other property not belonging to member.
Dangerous or Prohibited
Activity
COVENANT COMPLIANCE RULE 6-2: Engaging in any Dangerous or Prohibited
Activities on the Common Areas, is prohibited, and any such act
constitutes a violation of Community Rules, subject to fines &
other enforcement measures, pursuant to Ref. #1.5 of the KCCA
Violations Fine Table, as last published. These Activities Include:
(a). Throwing Horseshoes from or onto Community owned lands..
(b). Placing a trampoline anywhere on Community owned lands.
(c). Any activity which threatens the safety of any other person
or pet.
(d). Any activity which is illegal.
Dumping of any Materials
COVENANT COMPLIANCE RULE 6-3: Dumping of Any Materials without
the Express Permission of the Board of Directors of the Association
or their designee, anywhere within the community, which equates
to more than simple littering or improper storage, constitutes
a violation of Community Rules, subject to fines & other enforcement
measures, pursuant to Ref. #1.6 of the KCCA Violations Fine Table,
as last published.
Encroaching upon Common
Grounds
COVENANT COMPLIANCE RULE 6-4: Encroaching upon or taking control
of Common Grounds so as to deny use by other members, constitutes
a violation of Community Rules, subject to fines & other enforcement
measures, pursuant to Ref. #2.14 of the KCCA Violations Fine Table,
as last published.
Planting or Installing
Items on Common Grounds
COVENANT COMPLIANCE RULE 6-5: Any act to plant vegetation or erect
or install any item, equipment, or treatment, upon Community Common
Lands without written Association approval, constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #2.15 of the KCCA Violations Fine Table, as last published.
Moderate Litter or
Debris on Common or Public Property
COVENANT COMPLIANCE RULE 6-6: The depositing (by any person (or
visitor) of Member’s household) of any Moderate Amounts
of Litter, Debris, or other Unauthorized Refuse (Including Sticks,
Branches, Grass, or other Vegetable Matter), upon Community or
Public Property, Constitutes a violation of Community Rules, subject
to fines & other enforcement measures, pursuant to Ref. #2.16
of the KCCA Violations Fine Table, as last published. The Failure
of Any Member to Remove (by Notice Deadline) such Litter, Debris,
or other Unauthorized Refuse Constitutes a violation of Community
Rules, subject to fines & other enforcement measures, pursuant
to Ref. #2.17 of the KCCA Violations Fine Table, as last published.
Minor Littering
COVENANT COMPLIANCE RULE 6-7: Any act of littering within the
development constitutes a violation, subject to fines & other
enforcement measures, pursuant to Ref. #4.2 of the KCCA Violations
Fine Table, as last published.
The Failure of a Member to prevent family members, guests, leasees,
etc., from Littering, constitutes a violation by that Member,
which subject to fines & other enforcement measures, pursuant
to that same Ref.
Publicly Posted Common
Area Rules
COVENANT COMPLIANCE RULE 6-8: Failure of Any Member (or their
family members, guests, leasees, etc.) to Obey any other Publicly
Posted Common Ground Rules, constitutes a violation by that Member,
subject to fines & other enforcement measures, pursuant to
Ref. #4.3 of the KCCA Violations Fine Table, as last published.
Day Care Provider Registration
COVENANT COMPLIANCE RULE 7-1: Failure of a Home Day Care Provider
to Register with the Association (and receive written approval)
as required constitutes a Violation of Community Rules, and is
subject to fines & other enforcement measures, pursuant to
Ref. #2.18 of the KCCA Violations Fine Table, as last published.
Day Care Provider Registration
COVENANT COMPLIANCE RULE 7-2: Failure of a Home Day Care Provider
to ensure that patrons (including children) respect community
property, the rules of the community, and the rights of neighbors,
can result in Fines and/or other action depending upon the nature
of the violation, and may result in registration / authorization
for continuation of that Day Care Service being revoked.
Burning of Trash, Leaves,
Brush, or Wood
COVENANT COMPLIANCE RULE 8-1: No Burning of Trash, Leaves, Brush,
or Wood, or open fires of any kind other than enclosed barbeque
grills are permitted within the development. Any such act constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #1.7 of the KCCA Violations Fine Table, as last
published.
Discharge of Firearms
COVENANT COMPLIANCE RULE 8-2: Discharge of Firearms within the
Community for any reason other than Lawful Defense or Law Enforcement
Purposes constitutes a violation, subject to fines & other
enforcement measures, pursuant to Ref. #1.8 of the KCCA Violations
Fine Table, as last published.
Interference with Official
Association Business
COVENANT COMPLIANCE RULE 8-3: Intentional interference by any
Member, family member, guest, leasee, etc. with Association representatives
in the execution of official duties constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #1.9
of the KCCA Violations Fine Table, as last published.
Interference with Easement
Rights
COVENANT COMPLIANCE RULE 8-4: Interference (intentional or otherwise)
with any easement rights held within the development by any party
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #1.10 of the KCCA Violations Fine Table,
as last published.
Noxious Trade or Activity
COVENANT COMPLIANCE RULE 8-5: Any Trade or other Activity Deemed
by the Association to be Noxious in Nature, and Harmful to the
Best Interests of the Community, constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #1.11
of the KCCA Violations Fine Table, as last published.
Human Habitation in
Garages or Outbuildings
COVENANT COMPLIANCE RULE 8-6: Any Failure to prevent Human Habitation
within a Garage or Outbuilding that is in the Development and
under the control of a Member Constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #1.12
of the KCCA Violations Fine Table, as last published.
Reasonable Property Maintenance
COVENANT COMPLIANCE RULE 8-7: Any Failure to properly and reasonably
maintain a personal property within the development, so as to
(within the judgment of the Covenants Committee or Board of the
Association) detrimentally impact the aesthetics of the Community,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #2.19 of the KCCA Violations Fine Table,
as last published.
.
Excessive Noise
COVENANT COMPLIANCE RULE 8-8: The creation or encouragement of
any circumstances resulting in excessive noise or disturbance
within the Community (as determined by the Covenants Committee
or Board of the Association) constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #2.20
of the KCCA Violations Fine Table, as last published.
Modifications to Swales
or Ditches
COVENANT COMPLIANCE RULE 8-9: Any modifications to swales or ditches,
anywhere within the community requires advanced approval in writing
from the Architectural Committee or Board of the Association.
Any modifications applied to swales or ditches without that written
architectural approval constitutes a violation, subject to fines
& other enforcement measures, pursuant to Ref. #2.21 of the
KCCA Violations Fine Table, as last published.
Prohibited Business
Activities
COVENANT COMPLIANCE RULE 8-10: Any business activities conducted
within the development that are inconsistent with the intent of
our covenants constitute a violation, subject to fines & other
enforcement measures, pursuant to Ref. #2.22 of the KCCA Violations
Fine Table, as last published.
Unfenced or Unapproved
Pools
COVENANT COMPLIANCE RULE 8-11: Failure of a Member to Remove an
Unfenced or Unapproved Pool by Notice Deadline constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #2.23 of the KCCA Violations Fine Table, as last published.
Reversal of Non-compliant
Architectural Change
COVENANT COMPLIANCE RULE 8-12: Failure of a Member to Remove an
Unauthorized Architectural Addition by Notice Deadline constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #3.4 of the KCCA Violations Fine Table, as last
published.
Removal of Non-compliant
Signs
COVENANT COMPLIANCE RULE 8-13: Failure of a Member to Remove an
Unauthorized Sign by Notice Deadline constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #3.5 of the KCCA Violations Fine Table, as last published.
Removal of Non-compliant
Radio or Television Antennas
COVENANT COMPLIANCE RULE 8-14: Failure of a Member to Remove an
Unauthorized Radio or Television Antenna by Notice Deadline constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #3.6 of the KCCA Violations Fine Table, as last
published.
Removal of Non-compliant
Vegetation or Landscaping
COVENANT COMPLIANCE RULE 8-15: Failure of a Member to Remove Unauthorized
Vegetation or Landscaping Additions by Notice Deadline constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #3.7 of the KCCA Violations Fine Table, as last
published.
Removal of Non-compliant
Basketball Backboards
COVENANT COMPLIANCE RULE 8-16: Failure of a Member to Remove an
Unauthorized Basketball Backboard Installation by Notice Deadline
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #3.8 of the KCCA Violations Fine Table,
as last published.
Removal of Non-compliant
Window Air Conditioners
COVENANT COMPLIANCE RULE 8-17: Failure of a Member to Remove an
Unauthorized Window Air Conditioner by Notice Deadline constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #3.9 of the KCCA Violations Fine Table, as last
published.
Removal of Accumulated
Lumber, Scrap Materials, Junk, etc.
COVENANT COMPLIANCE RULE 8-18: Failure of a Member to Remove an
Accumulation of Lumber, Scrap Materials, Trash, Junk etc., by
Notice Deadline constitutes a violation, subject to fines &
other enforcement measures, pursuant to Ref. #4.4 of the KCCA
Violations Fine Table, as last published.
Accumulation of Litter
or Minor Debris Upon Lot
COVENANT COMPLIANCE RULE 8-19: Failure of a Member to Prevent
an Accumulation of Litter or other Minor Debris upon Lot, including
area immediately surrounding lot, including the adjacent ditches
and gravel shoulders, and including any adjacent common areas
out to 20 feet beyond Member’s property lines, constitutes
a violation, subject to fines & other enforcement measures,
pursuant to Ref. #4.5 of the KCCA Violations Fine Table, as last
published.
Failure to Keep Grass
of Lot Cut
COVENANT COMPLIANCE RULE 8-20: Failure of a Member to keep grass
cut to required lengths or otherwise maintain appearance of lawn,
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #4.6 of the KCCA Violations Fine Table,
as last published.
Dirty or Moldy Siding
or Other Lack of Property Cleanliness
COVENANT COMPLIANCE RULE 8-21: Failure of a Member to Correct
Dirty / Moldy Siding or other Lack of Property Cleanliness by
Notice Deadline constitutes a violation, subject to fines &
other enforcement measures, pursuant to Ref. #4.7 of the KCCA
Violations Fine Table, as last published.
Removal of Toys and/or
Clutter
COVENANT COMPLIANCE RULE 8-22: Failure of a Member to Remove Toys
& other Clutter from Public, Nightly, constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #4.8 of the KCCA Violations Fine Table, as last published.
Removal of Unapproved
Yard Ornaments
COVENANT COMPLIANCE RULE 8-23: Failure of a Member to Remove Unapproved
Yard Ornaments by Notice Deadline constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #4.9
of the KCCA Violations Fine Table, as last published.
Improper Storage of
Trash & Recycling Containers
COVENANT COMPLIANCE RULE 8-24: Failure of a Member to Properly
Store Trash & Recycling Containers, constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #4.10 of the KCCA Violations Fine Table, as last published.
Improper Hose Storage
COVENANT COMPLIANCE RULE 8-25: Failure of a Member to Properly
Store Water Hoses constitutes a violation, subject to fines &
other enforcement measures, pursuant to Ref. #4.11 of the KCCA
Violations Fine Table, as last published.
Improper Window Treatments
COVENANT COMPLIANCE RULE 8-26: The Use of Sheets or other unconventional
or (within the judgment of the Covenants Committee) aesthetically
detracting Window Treatments constitutes a violation, subject
to fines & other enforcement measures, pursuant to Ref. #4.12
of the KCCA Violations Fine Table, as last published.
Removal of Unapproved
Exterior Lighting
COVENANT COMPLIANCE RULE 8-27: Failure of a Member to Remove Unapproved
Exterior Lighting by Notice Deadline constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #4.13 of the KCCA Violations Fine Table, as last published.
Improper Drying or
Airing of Clothes
COVENANT COMPLIANCE RULE 8-28: Improper Drying or Airing of Clothes
constitutes a violation, subject to fines & other enforcement
measures, pursuant to Ref. #4.14 of the KCCA Violations Fine Table,
as last published.
Unauthorized Removal
of Trees from Member’s Lot
COVENANT COMPLIANCE RULE 8-29: TREE REMOVAL- Unauthorized Removal
of Trees from Member’s Lot, which are within the zones where
such removals are restricted by State Law, constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #4.15 of the KCCA Violations Fine Table, as last published.
Cease & Desist
Order
COVENANT COMPLIANCE RULE 8-30: DEFIANCE OF CEASE & DESIST
ORDER- In ANY Situation, where a Member or member of Member’s
household is engaged in an activity that is Deemed by an Officer
of the Association Administration as constituting (a) a Material
Threat to Public Safety, (b) a Material Legal or Liability Threat
to the Association, (c) an Act of Damage to the Property of Others,
or (d) a Material Disturbance of Community Peace &/or Security,
AND an Officer of the Association Administration Instructs the
Offending Person to Discontinue such activity, AND that Offending
Person fails to Discontinue that Activity Immediately or as Instructed,
the Member Shall be Deemed to be in Violation of this Rule, Requiring
Compliance to Cease & Desist Orders of the Association, and
shall be subject to fines & other
enforcement measures, pursuant to Ref. #1.13 of the KCCA Violations
Fine Table, as last published.
Miscellaneous Violations
COVENANT COMPLIANCE RULE 8-31: OTHER PROPERTY USE VIOLATIONS-
Any other Violations of Covenants, relating to Architectural or
Property Use provisions, are subject to fines & other enforcement
measures, pursuant to Ref. #4.16 of the KCCA Violations Fine Table,
as last published.
Miscellaneous Violations
COVENANT COMPLIANCE RULE 8-32: OTHER CORRECTION NOTICES- Failure
of a Member to correct any other Architectural or Property Use
Covenant Violation by the Notice Deadline constitutes a violation,
subject to fines & other enforcement measures, pursuant to
Ref. #4.17 of the KCCA Violations Fine Table, as last published.
General Rule
COVENANT COMPLIANCE RULE 8-33: In any case where (a) a member
has been issued any form of Notice to correct a covenant and/or
rule violation, which would subject that Member to a daily fine
if that violation condition is not corrected by a given deadline
date; where (b) that Member does correct that condition, thereby
avoiding an imposition of some portion of that daily fine amount;
and where (c) that same violation condition subsequently reoccurs
within 30 days of that correction; the “re-issuance”
of that Violation Notice is not subject to the same courtesy “fine
avoidance” period, and the daily fine assessment until correction
may be resumed as of the date of the re-issuance of that notice.
General Rule
COVENANT COMPLIANCE RULE 8-34: In any case where (a) a member
has been issued any form of Notice to correct a covenant and/or
rule violation, which would subject that Member to a daily fine
if that violation condition is not corrected by a given deadline
date; where (b) that Member does correct that condition, thereby
avoiding an imposition of some portion of that daily fine amount;
and where (c) that same violation condition subsequently reoccurs
within a period greater than 30 days, but less than 6 months,
that renewed violation shall be deemed a “willful 2nd (or
subsequent) violation”, subject to an immediate fine, pursuant
to Ref. #4.16 of the KCCA Violations Fine Table, as last published,
in addition to the issuance of a 2nd (or subsequent) Notice to
Correct Violation Condition, under the guidelines of the original
topical violation (which will include the courtesy fine avoidance
period), and a Failure to ensure corrective action by that deadline
will result in a 2nd round of daily fines until correction under
the 2nd (& subsequent) violation guidelines.
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