next HOA meeting:

AUG

10

5pm

JOIN MEETING

Meeting Link: https://fsres.webex.com/join/esther.hernandez

You may also join in person or via phone: 1-844-531-0749
8290 Arville St, Las Vegas NV 89139

COMMUNITY RULES

Landscaping

As with any external changes on your property, changing the landscaping requires ARC (Architectural Review Committee) approval in all cases except one. The exception is replacing an existing plant with another plant of the same type and size.

Why is Architectural Review needed:

  • It helps prevent you from getting violations and doing costly rework.
  • It allows the HOA to satisfy its primary mission of maintaining property values.
  • Property values for the entire community can be affected by one owner that does something like:
    • Paint their house hot pink
    • Not replace dead landscape plants
    • Allows weeds to grow out of control
    • Store junk in their yard
    • Store garbage such that it attracts pests such as rats

At some point in the future, you may want to sell your home. When a potential buyer looks at a community, it is a red flag if they see homes with dead plants or poorly landscaped yards. It indicates that the community and HOA does not care and that the community may continue to decline. This is not good for property values.

The ARC will look for a landscape design that is consistent with our neighborhood using plants that are desert friendly. This website for the Southern Nevada Water Authority is a good resource for plants: Find plants (snwa.com).

Here is an extract from the CC&R’s document (Section 10.7) of key things applicable to landscapes:

  • No rubbish or debris should be allowed to accumulate.
  • No brush, weeds, undergrowth should be allowed to grow.
  • The lot should not be allowed to become a fire hazard, unsanitary, unsightly, offensive or detrimental to any other lot or occupants.
  • The owner must care for, cultivate, prune, maintain in good condition any landscaping.
  • The owner must maintain irrigation equipment.

If an owner does not cure violations, they will be granted a hearing. As part of the hearing, the HOA can grant more time if a compelling case is presented for what will be done. If there is no resolution after the hearing and any extensions, the HOA via the management company will schedule a company to perform the work and the costs assessed to the owner. If the assessed costs are not paid, the HOA will place a lien on the property thus not allowing the property to be sold by the owner until the fees and interest are paid in full.

The CC&R document is a legal contract entered into by the owner with the HOA. State law allows enforcement by the HOA so it is not a good idea to ignore issues raised in violation notices and hearing granted.

What information is needed for a Landscape Architectural Review?

  • A drawing and/or pictures showing placement and dimensions for the things to be done.
  • A list of plants and size to be planted (e.g. 5 gallon, 20 gallon).
  • Details for hard scape such as pavers and concrete.
  • Details for electrical and plumbing.
  • Details for irrigation.
  • Details for structures such as raised planter beds, outdoor grills, pergolas, fences, gates, walls, swimming pools, hot tubs, fire pits, and spas.

The bottom line is that you should provide enough detail so it is clear what will be done and how it will be done. If enough detail it not provided, your application will be returned with a request for more detail thus delaying your project.

If you are using a company to do work, they should sign a form in the packet showing insurance coverage.

The packet includes a form for “Neighbor Awareness”. You are asked to inform each of your neighbors about what you are intending on doing by showing them your plans. The neighbor will indicate approval or no approval with the signature and phone number. This form helps protect you in the future if a dispute arises with the neighbor about what you have done. Even if a neighbor doesn’t approve, your project may still be approved.

Nuisance

Nuisance encompasses a number of things that would cause an owner or resident to become annoyed.

  • Automobile ingress and egress – if an owner uses their home for allowed occupational use, the ingress and egress of vehicles must be limited so as to not cause a nuisance.
  • No noxious or offensive trade or activity.
  • No odors such that it would render neighbors lots unsanitary, unsightly, offensive or be detrimental.
  • In general, no nuisance shall be permitted to exist or operate upon any Lot within the Property such as but not limited to:
    • Horns
    • Barking dogs
    • Whistles
    • Bells
    • Loud music
    • Automotive repair
    • Other sound devices except security systems
  • Construction:
    • Construction must be approved via ARC
    • Allowed hours: Monday – Saturday 8am to 5pm
    • Owners will ensure that construction activities do not create unreasonable levels of noice, dust and/or vibration
    • Owners must ensure their lots remain debris free at all times

Parking

Street parking is the last resort when all other available parking is used.

  • There is no parking on the street within 15 feet of a stop sign or 15 feet from a corner.
  • Parking in front of the mailboxes is only allowed for the amount of time needed to pick up mail.
  • There is no parking in areas designated via signs or painted curbs as no parking zones.
  • Two owner/resident vehicles should be parked in the garage.
  • Once the garage space is used, vehicles should be parked in the driveway to the fullest extent possible.
  • When the garages and driveways have been used to the maximum capacity, parking on the street is allowed but vehicles must be moved daily.
  • IMPORTANT: All vehicles parked in the street must be moved every 24 hours. If the parking inspector finds a vehicle not being moved, the vehicle will be tagged for possible towing.
  • Garage doors should only be open when a vehicle is entering or exiting or when a person is working in the garage.
  • No unregistered or inoperable vehicle can be stored on the street.
  • Parking, storing or keeping of a boat, trailer, mobile home, recreational vehicle, camper, commercial vehicle, aircraft, truck larger than 1 ton, inoperable or junk vehicle can be stored anywhere within the community (neither on owners’ lots or on the street). A large truck can be parked for up to 12 hours for loading and unloading (such as a moving truck).
  • Vehicle repair on an inoperable vehicle must be done within the garage and must not be done in a way as to be constituted as a nuisance.
  • If street parked vehicles cause damage to the street, curbs or other common elements such as oil and/or fluid stains, the owner may be liable for the cost of repairs.
  • If an owner or resident uses a utility service vehicle, law enforcement vehicle or emergency services vehicle these can be exempted if written documentation from the employer is provided to the HOA.

Roof Deck

One of the key objectives with the roof deck policy is to ensure that owners and residents continue to have unobstructed views. Our homes are unique with the roof top deck. To preserve property values, each home should have a view not impeded by any other community member.

  • Nothing taller than 52 inches (10 inches above the walls) is allowed other than an umbrella that is only up while in use during sunlight and that does not remain up for more than a few hours.
  • No light poles or freestanding propane or electric heaters.
  • No structures, attached or detached, of any kind including but not limited to gazebos, pergolas, canopies and umbrellas that cannot be laid down flat.
  • No roof attachments, except those approved by the Architectural Review Committee, including but not limited to solar panels, solar receptors or systems, wiring of any kind, appliances or equipment.
  • Approved fixtures or appliances must be placed so they are not visible from the street except for commercially designed patio furniture and plants.
  • No rooftop fires except for fires contained within outdoor fireplaces or barbecue fixtures that are commercially designed for such purposes.
  • No fireworks, fire lanterns or other devices that are ignited by fire.
  • Temporary holiday display of US flags is permissable.

Towing

  • Immediate towing is allowed for safety violations such as parking in front of an owners driveway or as authorized by law.
  • Vehicles in violation of Parking Policy will receive the following notices:
    • First Violation - 48 hour courtesy notice – if the vehicle is not moved withing 48 hours, it will be towed.
    • Second Violation – Second Violation Notice and 48 hour notice of towing.
    • Third Violation – Hearing Notice and may be fined up to $100 every 7 days until the violation is cured. If after 48 hours, the vehicle will be towed.
    • Fourth Violation – Vehicle can be towed immediately if previous violations were within the last 6 months. A fine of up to $100 may be assessed to the owners account.
    • Vehicles found to be causing damage will receive a 48 hour courtesy notice. Repairs will be performed by the HOA and a second notice issued to the owner. Following the second notice, a hearing notice will be sent. The cost of the repair may be assessed to the owners account.

Trash

The goal is to not have trash and recycling bins visible from the street other than on trash pickup day (Saturday).

  • Trash and recycle bins should only be placed out for pickup starting at 6pm on Friday evening. They should be removed by 6pm on Saturday.
  • The bins should be placed next to the curb on the street separated by a minimum of two feet between each bin.
  • Bins should not block your neighbors’ driveway.
  • There are three acceptable places to store bins:
    • In your garage
    • Behind a screened gate in your side yard
    • In your backyard
  • Recycling bins or trash bins with non-bagged trash should not have trash that causes the lid to not close completely. This is a frequent cause of blowing trash throughout the neighborhood.
  • Bulk trash pickup is every other Saturday. Contact Republic Services (702-735-5151) for details. Some bulk items such as mattresses and appliances require scheduling.
  • If you should have a trash or recycling bin that blows over, please take the time to collect the trash from neighbors yards so they are not burdened with this task.

HomeOwner Association

What is an HOA?

A homeowner association (HOA) is a nonprofit organization that’s set up to help run, manage, and maintain a neighborhood, building, or another collective of homes. People who belong to an HOA pay annual or monthly dues which the HOA uses to maintain shared spaces and carry out other association duties like rule enforcement, meeting management, and financial planning. An elected board of volunteers runs the HOA on behalf of all community homeowners. The HOA board works together with community partners, like a Community Association Manager (CAM), to ensure the responsibilities of the association are carried out according to their rules, regulations, governing documents, and all applicable local, state, and federal laws.

HOA Purpose

To oversee the common assets of a property, manage its finances, run business affairs, enforce and set rules, and see to the maintenance and upkeep of the area. It is overseen by an un-paid, volunteer board of directors, that is elected by homeowners (HOA Members), who work with a management company to handle day-to-day operations.

The key purposes are:

Protect Property Values

  • Provide community amenities such as the park and entry gates making the community more attractive to buyers.
  • Maintain common areas such as the private streets, park, entry and perimeter landscaping, entry gates.
  • Enforce community rules and covenants so that the community remains attractive by having well maintained yards and house exteriors.
  • Keep HOA fees as low as possible.

Protect Standard of Living

  • Enforce community rules and covenants about things like leasing, disruptive neighbors, parking.

Pros and Cons of Homeowners’ Associations

Pros

  • Your neighborhood will look good
  • You’ll enjoy access to amenities
  • Your maintenance costs will be shared
  • You’ve got a built-in mediator
  • You can get to know your neighbors via involvement in the HOA as a member or board member

Cons

  • You’ll pay HOA dues
  • There will be controls over certain things
  • You will need to go to HOA meetings and get involved to have input on decisions

Benefits

HOAs Help Protect Your Property Values

The value of your home is affected by those surrounding it. When every homeowner helps keep up the appearance of their homes and yards, it helps protect everyone's property values. HOAs enforce uniformity within their area of authority and prevent one or two rogue owners from dragging down the value of the entire neighborhood.

HOAs Give You Access to Amenities

Part of your HOA assessments goes toward building and maintaining amenities that are then shared equally among the association members.

HOAs Provide Rules and Regulations That Promote Good Community Citizenship

An HOA provides the proper framework for a great community living experience. They establish rules and regulations that help prevent many problems like loud music, barking dogs and neglected landscaping and house maintenance before they become a major issue.

HOAs Can Help Resolve Community Disputes

If there’s ever an issue resolving community conflicts, your HOA can be an invaluable resource for resolving the problem. Whether it’s enforcing an existing rule or helping homeowners come to mutually agreed upon resolutions, your HOA can be an advocate for all homeowners living within the rules and regulations of the community.

History

HOAs were formed in the United States during the mid-19th century as a way for land developers to market and sell their homes. They were relatively unheard of until the 1960s when the rapid growth of suburban developments led to a quick expansion of HOAs around the entire U.S. Today, more than 69 million Americans belong to an HOA, and that number is rising every single day.

3 Things All HOAs Have in Common

An HOA might look and feel slightly different depending on the community. However, there are three things all associations have in common. These similarities include:

1. Mandatory membership

There are many kinds of associations all around the world, and for most, membership is voluntary. However, a defining characteristic of an HOA is mandatory and automatic membership for all homeowners. This mandate is necessary for an HOA to operate and to share the costs amongst a community equally.

2. Binding documents

All HOAs have a set of governing documents that include binding legal documents – a legally binding contract the owner signs. These documents give an association authority to operate and hold owners responsible for paying any fees, fines, and assessments that accompany membership.

3. Lien-based assessments

Lien-based assessments are what give HOAs the power to enforce its rules and governing documents amongst owners. The lien authorizes the HOA to take possession of a home if charges aren’t paid or other rules and regulations are repeatedly ignored.

Primary Objective of An HOA

HOAs operate a lot like a local government, small business, and community collective rolled into one. Their main objective is to maintain property values by:

  • Administering the business of the association
  • Maintaining the shared property of the community
  • Establishment of a system of property rights
  • Creating and enforcing rules and regulations

Association Types

Often, HOA is a blanket term used to describe many different types of community associations. However, different communities require uniquely structured associations that include planned communities, condominiums, and cooperatives. Each of these association types has less to do with their architecture and everything to do with how the ownership is structured. Skyview Terrace is a Planned Community, specifically a Planned Unit Development.

In a planned community, individuals own their unit and the land it sits on. The association owns common areas such as pools, parks, and roads. Other names you may hear for planned communities include owner association, townhouse association, property owner’s association (POA), and planned unit development (PUD).

Misconceptions

Some homeowners have misconceptions about the purpose and role of a homeowner association. They confuse it with a 'landlord' and believe that it should cure all ills. Others may feel that an association should not be able to tell them what they can do on their property.

There is a basic trade-off for the advantages of a homeowner association. Homeowners give up some of the freedoms and property rights they would otherwise have if they lived outside a planned community.

Covenants for associations contain provisions called 'use restrictions.' Use restrictions are rules that apply to residents outside of the common areas. This includes architectural controls that apply to individual homes and lots, such as constructions of additions, house and yard maintenance, etc.. Use restrictions also apply to areas such as leasing, pet rules, sign limitations, and parking regulations.

Most residents are happy to trade off some of their freedoms for the advantages of living in an association. On the other hand, some homeowners do not want to be told that they need to maintain their yard, or need approval before painting their house. These individuals probably want the advantages of a community association, without the trade-offs. Even though a majority of people would prefer to live in a planned community, homeowner associations are not for everyone.

DIFFERENCES BETWEEN BETWEEN CC&Rs, BYLAWS AND RULES & REGULATIONS

Your homeowners association has three types of governing documents:

CC&Rs

(Covenants, conditions & restrictions)

This is a legally binding document that is officially recorded and filed with your state. Your CC&Rs cover the rights and obligations of the homeowners association to its members and vice versa. CC&Rs often cover legal issues, such as:

  • Property-use restrictions
  • Clearly defined maintenance obligations for the HOA and individual members
  • Mechanisms for rule enforcement and dispute resolution
  • Lender protection provisions
  • Assessment obligations
  • Insurance obligations

Because this record is kept on file with the state, it can be difficult to amend and requires a vote by the membership to make any changes.

Bylaws

If CC&Rs cover the “what” of the HOA, the bylaws cover the “how.” Your community’s bylaws establish the structure of day-to-day governance of your homeowners association. This includes things like:

  • Frequency of HOA board elections
  • Process for nominating and electing new board members
  • Number of members that serve at one time
  • Length of board member service terms
  • Meeting frequency and quorum requirements
  • Duties and responsibilities of board members

Like CC&Rs, Bylaws are difficult to change, as they too require a vote by the membership to amend.

Rules & Regulations

Your community’s Rules & Regulations are a catch-all for the things that aren’t covered in the Bylaws or CC&Rs. These are often the rules that might need revising over time due to changes in the community. For example, an HOA might have a rule that states that no children are allowed in the community pool before noon. This rule would not be a part of the community’s CC&Rs because it might need to change seasonally, or as more children move into the community.

Rules & Regulations can be changed by an HOA board vote with review by the members of the community. Traditionally, the Board will adopt a rule then send a notice to the community members who will have 30 days to review it. After 30 days, the board will review the comments and concerns of members, considering the members’ feedback in the final decision.

The Role of Your Property Management Company

Your residential or commercial property management company is an agent of your homeowners association corporation, whose primary role is to increase your property value and facilitate the enjoyment of your community. Your property management company has no say in the development of your CC&Rs, Rules & Regulations or Bylaws; they simply act to implement the guidelines set forth by your board.

Your property management company will also provide advice and guidance as you develop your community’s guidelines to ensure that you adhere to state and local laws. They should provide practical advice to ensure your board is making the decisions that best protect and enhance your community.

Your management company and property manager can show you the risks and rewards of changing your CC&Rs, Rules & Regulations or Bylaws and provide a useful framework to develop your community in a way that serves residents today and long into the future.

Every Restriction Can Be Changed

CC&Rs, Rules & Regulations, and Bylaws are usually determined when a developer incorporates the community. The developer will try to anticipate the type of community or commercial property space they are creating, but the needs of a community often aren’t fully clear until residents move in.

Every rule, regulation, covenant, condition and bylaw can be changed – it’s simply a matter of which process is required to make the change. CC&R changes require re-filing with the state, so changes should be made sparingly and with the help of an experienced attorney. Meanwhile, Rules & Regulations are in effect at the community level and simply require a board vote with community member review.