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Rules and Regulations - Community Association website ...

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NORTHERN MEADOWS PROPERTY OWNERS ASSOCIATIONRULES AND REGULATIONSThese <strong>Rules</strong> <strong>and</strong> <strong>Regulations</strong> are intended to augment the Northern Meadows Property Owners <strong>Association</strong> Deed Restrictions,officially titled “Declaration of Protective Covenants <strong>and</strong> Building Restrictions for Northern Meadows” (CC&Rs), <strong>and</strong> do notreplace or override them. All are based on the specific rules established by the appropriate governing documents. Theseguidelines may be amended by addition, deletion or alteration at any time by the Board of Directors (Board) deem appropriate.The subdivision is intended to be a cohesive development composed of homes of the highest quality <strong>and</strong> elegant appearance.Section 1.Temporary Occupancy <strong>and</strong> Temporary BuildingNo structure shall be erected, altered, placed, or permitted on any Lot other than single family residences <strong>and</strong> accessory structuressuch as garages, garden houses, <strong>and</strong> the like. Mobile homes are not permitted on a permanent or temporary basis. No RV, trailer,mobile home, tent, shack, garage, barn, gazebo or other outbuilding or any temporary structure erected on any Lot shall be usedat any time as a residence, either temporarily or permanently. No structure on any Lot shall exceed two (2) stories. No accessorybuilding shall exceed one (1) story <strong>and</strong> is subject to site <strong>and</strong> plan inspection <strong>and</strong> written approval by the Board as well as adjacentneighbors. Rio Rancho City building permits must be obtained if required. Private garage space for a minimum of one (1) vehicleshall be provided for each house.Section 2.Subdivision of LotsNo lot shall be further subdivided nor permitted to have more than one single family residence.Section 3.Dwelling SizeNo dwelling containing less than Eight Hundred (800) square feet of heated living area, exclusive of screened or open porches,garages, carports, accessory buildings or other covered areas, shall be permitted.Section 4.Use <strong>and</strong> Occupancy <strong>Regulations</strong>Use <strong>and</strong> occupancy of Lots shall be subject to zoning, building, health, sewage disposal, sanitation <strong>and</strong> other regulations of theCity of Rio Rancho, S<strong>and</strong>oval County, State of New Mexico <strong>and</strong> all government agencies having jurisdiction (if any).Section 5.Residential PurposesAll Lots <strong>and</strong> Dwelling Units within the Property zoned by the City of Rio Rancho, New Mexico for residential use shall be usedsolely for single-family residential purposes. No gainful occupation, profession, business, trade, or other nonresidential use shallbe conducted on or in any Dwelling Unit, provided that an Owner or any Resident may conduct limited business activities in aDwelling Unit so long as:(a) the existence <strong>and</strong> operation of the business activity is not apparent or detectible bysight, sound, or smell from outside the Dwelling Unit;(b) the business activity conforms to all applicable zoning requirements;(c) the business activity does not involve door-to-door solicitation of other Owners orResidents;(d) the business activity does not generate drive-up traffic or customer or client parking;(e) the business activity is consistent with the residential character of the Property, doesnot constitute a nuisance or a hazardous or offensive use, <strong>and</strong> does not threaten thesecurity or safety of other Owners or Residents, as may be determined at the solediscretion of the Board.No Lot will ever be used, allowed, or authorized to be used in any way, directly or indirectly, for any business, commercial,manufacturing, industrial, mercantile, commercial storage, vending, or other similar uses or purposes; provided, however, thateach Builder, <strong>and</strong> their perspective agents, successors, or assigns, may use the Property, including any Lots, for any operations asmay be required, convenient, or incidental to the construction <strong>and</strong> sale of Dwelling Units thereon, including, without limitation,for the purposes of a business office, management office, storage area, construction yard, signage, model sites <strong>and</strong> display, <strong>and</strong>sales office during the construction <strong>and</strong> sales period. The Board shall have broad authority to enact rules <strong>and</strong> regulations toimplement these <strong>Rules</strong> <strong>and</strong> <strong>Regulations</strong>, <strong>and</strong> to exempt or make specific exemptions for a particular Dwelling Unit on a case-bycasebasis.Adopted 1/4/10 1


Section 6.AnimalsNo animal may be kept or maintained on any Lot, other than a reasonable number of generally recognized house or yard pets thatcannot total more than five in any combination more than six months in age, <strong>and</strong> then only if they are kept, bred, or raisedthereon solely as domestic pets <strong>and</strong> not for commercial purposes. All house or yard pets permitted under this Section shall beconfined to an Owner's Lot; except that a dog may be permitted to leave an Owner's Lot if such dog is at all times kept on a leash<strong>and</strong> is not permitted to enter upon any other Lot. Any person bringing an animal off their private lot shall immediately removeany feces deposited by said animal. The Board may restrict the portions of the Common Area or Area of <strong>Association</strong>Responsibility on which dogs are permitted.No animal shall be allowed to make an unreasonable amount of noise or to become a nuisance. Upon the written request of anyMember or Resident, the Board shall conclusively determine, in its sole <strong>and</strong> absolute discretion, whether a particular animal is agenerally recognized house or yard pet, whether such a pet is a nuisance, or whether the number of animals on any such propertyis reasonable. Any decision rendered by the Board shall be enforceable in the same manner as other restrictions contained herein<strong>and</strong> in this Declaration. So long as the Declarant or any Builder owns one or more lots, the Declarant may adopt such rules <strong>and</strong>regulations relating to animals permitted <strong>and</strong> maintained on the Property. Thereafter, the Board may adopt such rules <strong>and</strong>regulations relating to animals permitted <strong>and</strong> maintained on the Property.Section 7.Vehicles.As used in this Section:(a) "Motor Vehicle" means a car, van, sport utility vehicle, bus, truck, motorcycle, allterrain vehicle, pickup truck, or other motor vehicle; <strong>and</strong>(b) "Street" means each public or private street shown on the Plat.No bus, mobile home, motor home, travel trailer, tent trailer, trailer, camper, camper shell, boat, boat trailer, personal watercraft,recreational vehicle, or other similar equipment or vehicle may be parked, kept or stored on the Common Area. No bus, mobilehome, motor home, travel trailer, tent trailer, trailer, camper, camper shell, boat, boat trailer, personal watercraft, recreationalvehicle, or other similar equipment may be parked, kept, or stored on any Lot so as to be Visible From Neighboring Property.No Motor Vehicle which exceeds nine feet (9) in width or eight feet (8) in height as measured from the ground or exceedstwenty-two feet (22') in length or which is designed or used for carrying merch<strong>and</strong>ise, supplies, or equipment for commercialpurposes shall be parked on a Street or on a driveway or any other part of a Lot so as to be Visible From Neighboring Property,except for:(a) the temporary parking of the Motor Vehicles of contractors, subcontractors, suppliers, or vendors of the<strong>Association</strong> or of an Owner, Lessee, or Resident, <strong>and</strong>(b) the parking for not more than seventy-two (72) hours within any sixty (60) day periodof recreational vehicles, motor homes, <strong>and</strong> similar vehicles owned or leased by an Owner, Lessee, or Resident inthe driveway on a Lot for the purpose of loading or unloading, subject to such limitations as may be established bythe Board.No Motor Vehicle of a contractor, subcontractor, supplier or vendor of an Owner, Lessee or Resident shall be parked overnighton a Lot, a Street, or the Common Area. No Motor Vehicle shall be parked on any part of the Common Area other than a Streetor designated parking spaces.All terrain vehicles must be kept in garages or in another part of the Lot which is not Visible From Neighboring Property. NoMotor Vehicle owned or leased by an Owner, Lessee, or Resident of a Lot or their guests may be parked on a Street if space forthe parking of the Motor Vehicle is available in any of the following areas:(a) the garage or carport situated on the Lot of the Owner, Lessee, or Resident;(b) the driveway on the Lot constructed as part of the initial construction ofImprovements on the Lot by the Builder; or(c) a driveway expansion constructed on the Lot with the written approval of the Board.No Motor Vehicle of any kind may be stored on a Lot except in a garage, <strong>and</strong> no Motor Vehicle of any kind may be stored on theCommon Area or Area of <strong>Association</strong> Responsibility. For purposes of illustration but not of limitation, a Motor Vehicle shall bedeemed stored if it is covered by a car cover, tarp, or other material <strong>and</strong> not moved for a period of 30 consecutive days unlesspre-approved by the Board. Motor Vehicles owned by guests of an Owner, Lessee, or other Resident may be parked in thedriveway, on a Lot, or on the Streets or in designated parking spaces on the Common Area. Parking or storage of inoperablevehicles, whether on wheels or blocks, in driveways or streets, is not permitted.Notwithst<strong>and</strong>ing any other provision of this Section to the contrary, no Motor Vehicle may be parked on a driveway if the lengthof the Motor Vehicle exceeds the length of the driveway or if the Motor Vehicle encroaches upon or obstructs access across thesidewalk or curb adjacent to the driveway.Adopted 1/4/10 2


The Board shall have the right <strong>and</strong> power to adopt rules <strong>and</strong> regulations governing <strong>and</strong> further restricting the parking of MotorVehicles on Lots or the Streets <strong>and</strong> implementing the provisions of this Section. In the event of any conflict or inconsistencybetween the provisions of this Section <strong>and</strong> the rules <strong>and</strong> regulations adopted by the Board of Directors, the provisions of thisSection shall control.Section 8. TrashRubbish <strong>and</strong> garbage must be kept in suitable containers <strong>and</strong> removed from Lots in accordance with sanitation regulations.Rubbish <strong>and</strong> garbage containers are not to be permanently left in the street. Twenty-four (24) hours prior to collection, containersmay be placed in the street. After collection, within 24 hours, as determined by the Board, said containers are to be returned <strong>and</strong>stored unobtrusively on the lot. No rubbish or garbage may be burned in residential fireplaces or outdoor fireplaces, incineratorsor fire pits, nor dumped on Lots within the Unit or within the Northern Meadows Subdivision, except in such places as may bespecifically designated <strong>and</strong> approved for such purposes by the county or municipal authorities. No open fires shall be permitted.Section 9.Diseases <strong>and</strong> InsectsNo owner shall permit any condition to exist upon any Lot or Tract which shall induce, breed or harbor infectious plant diseasesor noxious insects.Section 10.Prohibited UsesNo use which is offensive by reason of odor, fumes, dust, smoke, noise, glare, heat, sound, vibration, radiation, or pollution, orwhich constitutes a nuisance or unreasonable source of annoyance, or which is hazardous by reason of risk of fire or explosion, orwhich is injurious to the reputation of any Owner shall be permitted on any Lot. No use which is in violation of the laws (aftertaking into account the application of any validly granted or adopted variance, exception or special use ordinance or regulation)of the United States, the State of New Mexico, S<strong>and</strong>oval County, the City of Rio Rancho or any other governmental entity havingjurisdiction over the Property shall be conducted on any Lot.Section 11.Nuisances: Construction ActivitiesNo rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property or on any Lot forany time, <strong>and</strong> no odors shall be permitted to arise or emit there-from, so as to render the Property or any portion thereof, oractivity thereon, unsanitary, unsightly, offensive, or detrimental to any other portion of the Property in the vicinity thereof or toits Owners or Residents. No condition shall be permitted to exist or operate upon any Lot or other portion of the Property so as tobe offensive or detrimental to any other property in the vicinity thereof or to its Owners or Residents. No Lot shall be used in anymanner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth, or any earthsubstance of any kind. No Person shall permit anything or condition to exist upon any Lot which shall induce, breed, or harborinfectious plant diseases or noxious insects. No loud, noxious or offensive activity shall be carried on or permitted on any Lot,nor shall anything be done thereon which may be, or may become an annoyance or nuisance to Persons or property in the vicinityof such Lot, or which shall interfere with the quiet enjoyment of each of the Owners or Residents.Normal construction activities <strong>and</strong> parking in connection within the building or Improvements on a Lot shall not be considered anuisance or otherwise prohibited by the Declaration; but Lots shall be kept in a neat <strong>and</strong> tidy condition during constructionperiods, trash <strong>and</strong> debris shall not be permitted to accumulate, <strong>and</strong> supplies of brick, block, lumber, <strong>and</strong> other building materialswill be piled only in such areas as may be approved in writing by the Architectural Committee. In addition, any constructionequipment <strong>and</strong> building materials stored or kept on any Lot during the construction of Improvements may be kept only in areasapproved in writing by the Architectural Committee, which may also require screening of the storage areas. The provisions ofthis Section shall not apply to construction activities of a Builder or their respective employees, Affiliates, contractors, orsubcontractors during the course of construction activities or sales activities upon or about the Property.Section 12.Leasing Obligations of Tenants <strong>and</strong> Other OccupantsAll tenants shall be subject to the terms <strong>and</strong> conditions of the Declaration, the Articles, the Bylaws, <strong>and</strong> the <strong>Rules</strong>. Each Ownershall cause his, her or its Residents or other occupants to comply with this Declaration, the Articles, the Bylaws, <strong>and</strong> the <strong>Rules</strong><strong>and</strong>, to the extent permitted by applicable law, shall be responsible <strong>and</strong> liable for all violations <strong>and</strong> losses caused by suchResidents or other occupants, notwithst<strong>and</strong>ing the fact that such Residents or other occupants are also fully liable for anyviolation of each <strong>and</strong> all of those documents. No Owner may lease less than his, her, or its entire Lot. No Lot may be leased for aperiod of less than three (3) consecutive months. Each Owner who rents a Lot or his Dwelling Unit thereon is required to advisethe Board within fourteen (14) days of the effective date of the lease. The Owner is required to furnish the Board with a copy ofthe signed lease <strong>and</strong> any renewals or revisions. Written leases are required. All leases must restrict occupancy to no more thanfour (4) unrelated persons or to a single family of legally related Persons of any size. The Owner of the Lot or Dwelling UnitAdopted 1/4/10 3


must furnish the Board with a tenant information form (provided by the Board) certifying that each tenant has agreed to be boundby this Declaration, the Articles, the Bylaws, <strong>and</strong> the <strong>Rules</strong>; <strong>and</strong> that the Owner accepts responsibility for the tenant's violation ofsuch documents. All tenants must execute a crime-free lease addendum on a form provided by the Board. The <strong>Association</strong> is athird-party beneficiary of any such lease solely for the purpose of enforcing this Declaration, <strong>and</strong> shall have the right to establish<strong>and</strong> charge fines against any Owner failing to enforce the provisions of this Declaration, Bylaws, <strong>and</strong> the <strong>Rules</strong> against suchOwner's tenant. The provisions of this Section 12 shall not apply to the use of Lots or Dwelling Units owned by (or leased to) anyBuilder as a model home or for marketing purposes.Section 13.Health, Safety <strong>and</strong> WelfareIn the event additional uses, activities, <strong>and</strong> facilities are deemed by the Board to be a nuisance or to adversely affectthe health, safety, or welfare of Owners <strong>and</strong> Residents, the Board may make rules restricting or regulating theirpresence on the Lot or Tract as part of the <strong>Rules</strong>. Garage doors shall be kept closed at all times except to the limited extentreasonably necessary to permit the entry or exit of vehicles or Persons. Except, garage doors may be open for no more than 6hours in any 24 hour period for the purposes of actively working in the garage, transferring items to <strong>and</strong> from the garage orrelated projects.Section 14.Right of EntryDuring reasonable hours <strong>and</strong> upon reasonable prior written notice to the Owner <strong>and</strong>/or other resident of a Lot, any member of theBoard, or any authorized representative thereof, shall have the right to enter upon <strong>and</strong> inspect any Lot, <strong>and</strong> the improvementsthereon, except for the interior portions of any completed Dwelling units, for the purpose of ascertaining whether or not theprovisions of this Declaration have been, or are being, complied with, <strong>and</strong> such Persons shall not be deemed guilty of trespass byreason of such entry.Section 15.Crime <strong>and</strong> Drug Free <strong>Community</strong>.The <strong>Association</strong> shall have the right <strong>and</strong> power to enact rules prohibiting criminal <strong>and</strong> drug activity on the Property, including theright to assess fines <strong>and</strong> evict tenants who engage in such activity. The <strong>Association</strong> shall have the right <strong>and</strong> power to requireResidents <strong>and</strong> Owners to sign reasonable contracts <strong>and</strong> forms that assure there is no criminal <strong>and</strong> drug related activity on theProperty. In the event that such prohibited activity is occurring, the Board shall have the Right of Entry as specified in Section14.Adopted 1/4/10 4


Adopted______________Adopted 1/4/10 5

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