Design Standards and Rules & Regulations

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DESIGN STANDARDS
AND
RULES & REGULATIONSREVISED SEPTEMBER 1, 2005
Introduction
Like most developments of similar caliber, Summerbrooke has a Homeowners Association, a Declaration of Covenants, Restrictions, and Easements (“Declaration”), Rules & Regulations and an Architectural Control Committee (“ACC”) with a set of Design Standards. Some neighborhood associations may go to the extreme with over-enforcement. Other neighborhood associations are so lenient that no governing document is enforced, and the result is that the resale values of the homes are decreased and the neighborhoods may fall into disrepair. The challenge is to find the balance. The Summerbrooke ACC and Board of Directors will make every effort to be fair, consistent and objective in their enforcement of Summerbrooke’s Declaration, Design Standards, and Rules & Regulations. Owners taking responsibility to abide by these governing documents and asking questions as necessary will greatly assist in this process, and will lead to a friendly, efficient and well maintained community.
Objectives of the Homeowners Association
The primary objectives of the Homeowners Association and Board of Directors are 1) to protect the property values of all homes by ensuring that the Common Property is maintained, 2) to ensure that all Owners maintain their properties and conduct their behavior in compliance with the governing documents and, 3) to ensure that the Association is financially sound at all times. The Common Property includes the pool, playground, tennis courts, clubhouse, recreation area landscaping, open field, and landscaping of the entrance. These must all be maintained in order to protect the property values in the neighborhood. Funds must be accrued to cover all the maintenance, repair and operating costs of the Common Property. Our governing documents bind us all and each Owner is responsible for knowing the content of these documents.
Relationship between the Declaration, Design Standards, and Rules & Regulations
All homeowners should have copies of both the Declaration including Exhibit B, the Bylaws, and the latest revision of Summerbrooke Design Standards and Rules & Regulations. All governing documents are usually available on the community website, www.summerbrooke-community.com. Additional copies of the governing documents may be obtained from the Association upon request for a nominal fee.
The Declaration is also available online at www.cobbgasupctclk.com. If using www.cobbgasupctclk.com, click on “Real Estate Indexes/Images.” Choose “Search by Land Description” and enter “SUMMERBROOKE” in the subdivision box and under “Date Range,” choose “Specific Date Range” then enter “from 02/05/1996 thru 02/06/1996.” Please contact the Board at SummerbrookeHOA@Summerbrooke-Community.com or the current Management Company, if any, if you are in need of assistance to access these documents.
The Design Standards expound upon the guidelines that are listed in the Declaration for installation, construction and alteration of any Structure on any Lot, which if there is a conflict, the Declaration shall prevail. For a full understanding of the relationship of these documents in regard to the ACC, please see the Declaration, Article V, Architectural Control. Additionally, should a conflict exist between the Design Standards or Declaration and the Georgia Non-Profit Corporation Code, the Georgia Non-Profit Corporation Code shall prevail.
Rules & Regulations are additional guidelines for behavior of Owners. If a conflict exists between the Rules & Regulations and the Declaration, the Declaration shall prevail. If a conflict exists between the Rules & Regulations and City of Kennesaw or Cobb County ordinances, City of Kennesaw and Cobb County ordinances shall prevail.
When a home is sold or leased, the Declaration, Design Standards, and Rules & Regulations pass automatically with the title transfer to the new Owner. The existing Owner should make all reasonable effort to make the new Owner or Lessee aware of the Declaration, the Design Standards, and Rules & Regulations. This effort should include, but not be limited to, leaving a copy of all such governing documents in the house for the new Owners.If any property is leased, the homeowner must provide Summerbrooke Homeowners Association with the name and address of the Lessor and Lessee.
Common Areas of Potential Conflict
Please review the specifics of the Declaration and the Design Standards to get a feel for the other requirements, but some common areas that may lead to conflict include:
• Unless specifically noted, all modifications that are visible from the road (both for corner lots) require the approval of the ACC. If in doubt ASK. Owners may be required to remove or reverse modifications that were not submitted to the ACC properly and approved in writing. A modification is not considered approved until the form is submitted with all appropriate information and supplements, and Owner receives written approval. The ACC will work with you to help in any way, but please do not risk proceeding without prior approval.
• Excess weeds in the yard, plant beds, or tree beds are a very common infraction that a lot of Owners fight continuously throughout the year. These beds seem to devour mulch and we have to keep the weed control and the pine straw/mulch folks busy or weeds go wild.
• Yards not mowed regularly or thick clumps of grass left on the lawn, driveway, sidewalks and street as a result of infrequent mowing and lack of clean up.
• Outbuildings are severely limited and must be pre-approved.
• The ACC must approve all fences.
• Dead trees and plant matter must be removed.
If you need clarification on any item, or have any concerns, please contact the ACC, the Board of Directors, or the Management Company, if applicable.
I. THE APPROVAL PROCESS
A. Miscellaneous Information
All ACC approvals are for mainly aesthetic reasons to maintain a certain standard and general harmony of appearance for the neighborhood. ACC approval is not to be in any way construed as a statement as to the viability of, or adherence to, City of Kennesaw or Cobb County ordinances of any proposed modification.
Approval by the ACC is in no way to be construed as a guarantee that the approved project is in any way fit for its intended purpose, meets local and state codes, or will meet safety standards. Approval is based entirely on the anticipated aesthetic appearance of the project and potential adverse impact to the remainder of the subdivision based on the submitted specifications. To preserve the architectural and aesthetic appearance of the development, the ACC reserves the right to grant final approval when the specified project is completed. Improvements made to any Lot or Structure must be done in a professional and workmanlike manner consistent with the overall development known as Summerbrooke.
Any reference requiring that anything be of the same construction as the rest of the house shall mean of the same construction as the materials on the house (for example: brick, stucco, or cement siding). The ACC must individually approve any exceptions.
B. Forms and Approval
A Modification Approval Form with all required supplements must be completed and mailed to the Association address or emailed, hand delivered or faxed to the current ACC Chairman for review by the ACC. No modification shall be deemed approved until such approval is received by the Owner in writing. The ACC meets regularly to review new requests.
Once a valid request has been submitted, including drawings, sketches, pictures or any other descriptive materials that are necessary for the committee to conduct its review, the ACC has fourteen (14) days in which to approve or disapprove it. If action has not been taken by the fourteenth (14) day after receipt as per Section 5.09 Obligation to Act in the Declaration, the request shall be deemed to be approved.
C. Implementation of the Approved Project
Approvals are good for a three (3) month period. An additional approval form must be resubmitted if after three (3) months from the date of approval of the original improvement requested, it has not substantially commenced, as per the discretion of the ACC. If not commenced within such time, then such approval shall be deemed revoked by the ACC, unless the ACC gives a written extension for commencing the work. For the betterment of the community, if substantial commencement has not taken place in the time frame and a resubmittal takes place, the ACC reserves the right to disapprove such plans if identical to the previously approved ones due to changes in architectural policies. Construction will be completed within three (3) months of its commencement.
All modifications to the originally submitted and approved form and plans require additional ACC approval.
All documents and materials submitted with the Modification Design Form will be permanently filed with the application.
The homeowner must take reasonable steps to ensure that a clean and uncluttered lot is maintained during the construction period.
II. VIOLATIONS
A. Notice of a Violation
If in the opinion of the ACC any violation of these Design Standards has occurred, the Association shall be entitled and empowered to enjoin or remove any construction that constituted the violation.
The Board of Directors shall provide written notice to the Owner as per the Notification requirements of the Declaration setting forth in reasonable detail:
• The nature of the violation;
• The action or actions required remedying the violation;
• The assignment of a fine, if any, relating to the violation; See Exhibit A
• The name, address and telephone number of a person or persons to contact to challenge the alleged violation.
The Owner has ten (10) days from the receipt of notification to either take reasonable steps toward the required remedial action or file a challenge with the person or persons as indicated above.
B. Remedy of a Violation
If the Owner has not taken reasonable steps toward the required remedial action or filed a challenge within the ten (10) day period after receipt of notification, the Board of Directors can proceed to take remedial action as outlined in the letter of notification without further notice to the Owner. If the Owner challenges the alleged violation, no action will accrue until fifteen (15) days after the final appeal is complete.
C. Challenge of an Alleged Violation
If the alleged violator timely challenges the proposed action, as outlined above, a hearing before the Board of Directors shall be held in executive session affording the violator a reasonable opportunity to be heard. The hearing shall be set at a reasonable time and date by the Board, and notice of the time and date (which shall be not less than ten (10) days from the giving of notice), and place of the hearing and an invitation to attend the hearing and produce any statement, evidence and witnesses shall be sent to the alleged violator. Proof of such notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if the officer or director who delivered such notice enters a copy of the notice, together with a statement of the date and manner of delivery. The notice requirement shall be deemed satisfied if the violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. This Section shall be deemed complied with if a hearing is held and the violator attends and is provided an opportunity to be heard, not with-standing the fact that the notice requirements contained herein are not technically followed.
D. Violation Fine Schedule
The Board of Directors has to strictly enforce the Declaration and the Rules & Regulations. The Board’s duty to the members of the Association requires the Board to investigate and take action to promote correction of governing document violations. Please note that the Declaration and Association By-Laws authorize the Association to assess fines against any homeowner that is in such violation.
In accordance with Article IV, Section 4.12 of the Declaration, and Article VII, Section 7.10 of the By-Laws, the Association may impose fines, which have been set at $25.00 per day per violation. Please note that each day a continuing violation continues constitutes a separate violation for which the fine will be imposed. Written notification from the homeowner of correction of such violation is necessary to terminate the continuation of on-going fines being applied to the Owner’s account. Fines may constitute a lien against your property.
Please also be advised that, if, within ten (10) days from the date of the violation letter stating such, you can correct your violation and/or request in writing a hearing before the Board to discuss your violation, and the Board may waive any sanctions imposed against you.
III. DESIGN STANDARDS
(See also Declaration Article V - Architectural Control, Section 5.05)A. Additional Structures, Permanent
Storage buildings may be approved. Specific plans and pictures must accompany application for approval of an attached building.
Arbor, gazebos, hot tubs and other such amenities may be allowed with approval. They must be placed in the rear yard to minimize the view by neighbors. Hot tubs in particular must be placed to prevent creating a nuisance or disturbance to neighbors during use. Hot tubs must be screened from adjacent properties and streets. All pumps, filters, and equipment for spas must be located where it will not cause a nuisance or disturbance to neighbors. Gazebos must be stained a natural wood color or painted in a color that complements the main dwelling (both subject to approval). Application for approval must be accompanied by specific plans (and pictures when appropriate).
The foundation of any structure, which is above finish grade, shall be finished with veneer, stucco, siding, brick, stone or other approved material.
B. Antennas and Satellite Dishes
No television antenna, radio receiver, satellite dish or other similar device shall be attached or installed on any portion of a lot which unreasonably interferes with the reception of telephone or radio signals by the Owner or occupant of any other lot in Summerbrooke. If such devices are located off of the Owner's residential structure, they shall be placed in a location in the rear of the lot which is not visible from the street. However, if such placement impairs reception of an acceptable quality signal, then such device shall be located in a place subject to ACC approval.
All such devices shall be located and installed in a manner sufficient to assure the safety of Owners and occupants within Summerbrooke, with such location and installation being in compliance with electrical code requirements concerning the grounding of such devices and installation requirements regarding the proper method of securing such devices. In addition, such devices shall be painted in a fashion that does not interfere with reception so that such devices blend into the background against which such device is mounted. Satellite dishes no greater than 18 inches in diameter are permissible without approval.
C. Basketball Goals
Basketball goals should be placed in such a manner for the least possible interference to the neighboring property. Goals may not be attached to the house. Minimizing interference to neighboring property should take priority in determining position. Basketball goals must be mounted on a freestanding black metal pole and have standard white, gray, or clear backboards with a commercially manufactured base. Basketball poles and backboards must receive adequate maintenance for eye appeal.
D. Clotheslines
Clotheslines shall be located or concealed from view of neighboring streets and property.
E. Doghouses
Doghouses are subject to ACC approval. No more than two doghouses per lot. The doghouse(s) must be placed in the backyard in an inconspicuous location as to not cause a nuisance or disturbance to neighbors. Cobb County ordinances require that no doghouse may be placed within ten (10) feet of the property line.
F. Driveways and Sidewalks
Alterations to driveways or sidewalks including but not limited to the addition of pads or turnarounds are subject to ACC approval. Concrete additions and modifications will be allowed with approval; any additions or modifications
with material other than concrete are subject to ACC approval. Driveways and sidewalks are to be properly maintained inclusive or repairing cracks and keeping clean of dirt, mildew, and debris.G. Exterior Changes, Major
Nearly all-conceivable major modifications to the exterior of the main dwelling must have ACC approval. The list of modifications includes, but is not limited to, the following: additions, awnings, canopies, decks, patios, and porches.
Any change or additions to the structures on the Lot must be consistent with the materials used in the main dwelling, including but not limited to trim siding and roofing materials, doors and color.
Roof overhangs must match existing roof, excluding where metal accent roofing is already in place. Primary residential roofing materials must be Asphalt Shingles only that are consistent with the color currently on all the homes in the neighborhood. No canvas awnings in front.
All major exterior repainting of any dwelling or freestanding building or part thereof must be submitted in writing for approval by the ACC on the Modification Approval Form. All colors of paint to be used must be noted on the form and submitted in writing along with the appropriate paint chip. When submitting paint colors, specify manufacturer, color name, and color number if applicable (i.e., Porter Paint – Jade Blue 163055)
Paint colors to be approved include, but are not limited to, dwelling, exterior trim, windows, doors, shutters, gutters, downspouts, garage doors, railings, and decks.
Colors for siding and stucco must be confined to light to medium earth tones and will be approved at the discretion of the ACC as to the conformity with the harmony of the external design and general quality with the existing standards of the neighborhood. Stucco and synthetic stucco must be painted or integrally colored. For additions and modifications, house and trim colors and materials must be identical to that on the original residence, except where unavailability of original materials or improved materials technology dictates change. The use of vinyl siding is not permitted.
Colors for windows, doors, louvers, shutters, gutters, and downspouts must be compatible with trim and dwelling colors and conform to the harmony of the external design and general quality with the existing standards of the neighborhood. All trim shall be painted a single color, and all accents shall be painted a single color -- no two-tones allowed.
Trim of the dwelling should be painted a neutral color including but not limited to white and off-whites.
The gutter system, including downspouts, may only be the color of the trim. If a change in trim color is approved, then gutters must be specifically listed on the form as being designated to be repainted to match the new trim color.Garage doors may be painted the color of the dwelling or the trim, but any change in color must be specifically listed on the form.
H. Exterior Changes, Minor
Nearly all-conceivable minor modifications to the exterior of the main dwelling must have ACC approval. The list of modifications includes, but is not limited to, the following: door or window modifications, alterations or additions, and changing the color of trim, shutters or doors. If in doubt, request approval.
I. Fences
Approved fencing materials are cedar, red wood, pressure treated pine, and PVC. The placement of all fences (including "electric" fences) must be approved. A copy of the proposal from the fence company and a drawing of the lot or a copy of the plat must accompany the Modification Approval Form. . The location of the house and the proposed location and type of fence must be clearly marked. Wooden fences may be left unfinished, stained a natural wood stain, or painted white. No split rail, chain-link, or metal fencing. All other fences are subject to ACC approval.
J. Freestanding or Other Buildings [Tool Sheds or Storage Buildings of any type]
Free standing storage buildings and tool sheds are strongly discouraged due to the resultant clutter that these can create. All such Structures require the prior approval of the ACC. Plans for such buildings must be submitted for approval.
Approval of such structures in Summerbrooke will be strictly at the sole discretion of the ACC (with input from the Board). Any tree house will require approval. Factors that will be considered include the following:
• The location of the structure on the property.
• The degree of visibility of the structure from the street(s).
• The degree of visibility of the structure from neighbor’s property
• Style of the building and materials of construction (material must be the same as the main material used for the front of the main house if it is visible from the street).
• The size of the structure.
• Quality of the landscaping plan (complete landscaping is required for a structure to be considered).
Applications for the installation of such buildings must include all of the following:
• Detailed plans drawn to scale showing a front and side view denoting all major dimensions.• Details of the materials of construction (walls, roof, windows, doors)
• Color plan
• Scaled plot plan showing exact location of the structure on the property.
• Full landscaping plans denoting location, type, and initial size of plant materials.
K. Gardens
Vegetable gardens should be located to avoid visibility from neighbors and the street. Vegetable gardens must be located in the backyard and may not exceed five (5) feet in height. All gardens and plant beds (flower, vegetable or other) must be maintained free from dead plants and weeds.
L. Garden Tools
Outdoor garden tools and hoses must be stored out of sight. An option for garden hoses is to be stored on a proper hose reel or in a hose box in an appropriate location that is not reasonably aesthetically unpleasing to the public.
M. Landscaping
Flowers, shrubs and small trees may be planted as desired, if not to excess. Landscaping must relate to the existing terrain and natural features of the Lot, utilizing plant materials native to the Southeastern United States. The preferred landscape bed edging is a neat 3”-5” deep trench; other types of edging should be of natural colors and materials. Decorative, professionally installed, designer poured concrete edging must be approved by the ACC prior to installation. The concrete coloring shall blend into the surrounding area and be at ground level. All landscape beds should be covered with decorative mulch. Landscaping that involves re-grading or the use of heavy equipment must be approved by the ACC, must conform to Cobb County soil disturbance regulations, and must not adversely affect drainage flows onto adjacent or downstream properties.
Front yards must be sodded with Bermuda grass. Side and rear yards may be sodded, seeded, or treated naturally.
Major landscaping plans that call for a change of the grade of the lot or require heavy equipment require ACC approval. Changes in grade must not adversely affect drainage or neighboring lots. Specific diagrams and details must accompany requests for major landscaping changes.
Trees requiring heavy equipment to plant or remove are subject to ACC approval.
N. Lighting
All exterior lighting must be low-level, non-glare type and located to cause minimum visual impact to adjacent properties and streets. Exterior spotlights or floodlights must be hooded to eliminate glare onto adjacent properties. When in doubt submit a form for approval from ACC.
O. Mailboxes
All mailboxes shall be of the same type and design as the original construction. This includes the mailbox post in that all mailbox posts shall be maintained including being painted white and with raised black 3” numbers on the post. Keep in mind that this is critical during emergency situations and City of Kennesaw Law.
Exceptions will be made only if mailboxes and posts of the same type and design as the original construction are no longer available. In such cases, a Modification Design Form must be submitted and approved prior to installation. Vines or flowers may be planted to grow onto posts and structures but may not obstruct access to the mailbox or visibility of the street number following Kennesaw ordinance. These plants must be kept neatly trimmed. Dead vines should be removed in a timely manner.
P. Playhouses
Playhouses will be located in the backyard. They must be a freestanding structure (not attached to trees or any building). They may be either a commercially produced unit or they can be constructed of the same materials as used in the main dwelling including, but not limited to, siding and roofing materials or of a natural wood material.
Wooden structures can be stained a natural wood color or painted to match the existing main dwelling. Structures of other materials must be painted to match the main dwelling. All playhouses will be approved by the ACC prior to building structure.
Q. Recreational and Playground Equipment
All recreational and playground equipment must have its size, location and construction materials approved by the ACC. The following is presented as a guideline as to what will normally be approved; but strict adherence to this guideline does not preclude the need for approval nor does it guarantee approval.
All recreational and playground equipment (other than excepted elsewhere in this document) must be located in the rear yard and placed so that the view from the road is minimized.
R. Recreational Courts
ACC approval is required for construction of any permanent court including, but not limited to, tennis, volleyball and basketball.
S. Room Additions to Homes
Room additions to the main dwelling must be approved. Professional plans and pictures must accompany request. Materials used must be consistent with those used in the main dwelling including but not limited to siding, trim, color, roofing, doors and windows. Owner is subject to all local building codes.
T. Screen, Storm and Main Doors
Any alterations, modifications or replacements of the main door must be approved. The main door should be the color of the accents. The exception is a natural wood door, and these will be approved based on the compatibility with the rest of the dwelling. The addition of a screen or storm doors on the front of the house must also be approved. The storm door must be full view and its color must either match the trim color or the color of the main door and shutters.
U. Signs
The ACC must approve all signs on your Lot with the exception of the following:
• Signs required by legal proceedings;
• For sale or for rent signs; and
• Security signs.
V. Swimming Pools
In-ground swimming pools must be approved. Application must be accompanied by specific plans for the pool and required fencing. Pool and equipment houses will be evaluated on an individual basis. If approved, this housing must be consistent in material with the main dwelling including, but not limited to, siding, trim, color and roofing. Pumps and pool equipment must be inside the required fencing. Homeowners are responsible for following all local codes and ordinances pertaining to the installation and maintenance of the pool. Above ground pools, except for small "kiddy" wading pools (no approval required), will not be permitted.
W. Trampolines
Trampolines like all recreational and playground equipment must be located in the rear yard, such as to minimize the view from the road. The ACC must approve the location and size of all recreational and playground equipment.
X. Trash Cans
Trashcans will be stored in the garage or rear of property as to not be seen from the street. Please note for corner Lots that storage at the rear of the property unless specifically hidden by vegetation or other such camouflaging tactics does not preclude its visibility from the street. Placing of trashcans on the street for collection must be done within the Cobb County laws.
Y. Yard Art/Statuary
Yard statuary visible from the street is discouraged and must be submitted to the ACC for review. All "yard art" including, but not limited to, fountains, bird baths, birdhouses, wagon wheels, water pumps, religious statues, windmills, animals and other wildlife structures are subject to approval by the ACC and will be examined on an individual basis. Statuary, as defined here, does not include reasonably sized flowerpots or containers placed at or on the front entry or steps. Other statuary such as, but not limited to, urns, animals, or human figures, should be modestly sized and displayed on or at the front entry, rather than in lawn or flowerbed areas. Approval of statuary is solely at the discretion and aesthetic judgment of the ACC. Exceptions are holiday decorations or new baby decorations, which may be displayed for, appropriate lengths of time and are appropriate in nature.
Z. Wells and Septic Tanks
No water wells for potable drinking water, septic tanks or similar facilities may be drilled, installed or maintained on any lot, unless city water and/or sewer is not available. Irrigation wells must be pre-approved and must not be visible from the street or from any neighbor’s property.
IV. RULES & REGULATIONS
NOTE: Violations of the Rules & Regulations may result in fines or suspension of usage of the amenities if such violation is related to abuse of such amenities.
A. Animals & Pets
No lot will be used for the housing or maintenance of animals (other than explicitly permitted in other Summerbrooke legal documents). Such items that will not be allowed include but are not limited to the following: kennels, stables and poultry houses. In addition, no lot may be used to commercially breed or board any animal. Training of animals will be limited to a homeowner's pets.
Owners are responsible for obeying county ordinances pertaining to pets and should remember that all pets must be under leash at all times when walked or exercised outside the fenced areas on a lot. Please remember to cleanup after your pet (both in your yard and on other property). This includes no urinating on other homeowner’s flowerbeds and shrubs. Please be respectful of other homeowner’s property in regard to your pets.
B. Clubhouse
• Reservation of the Clubhouse is by first come, first serve basis.
• The Reservation Coordinator shall ensure forms are to be issued to and completed by homeowner’s requesting to reserve clubhouse. No use of clubhouse shall be allowed without a completed and approved Clubhouse Reservation Form. Forms must be submitted at least three days prior to the scheduled event so that there is time for processing.
• Approval is conditional on membership status. If any Owner is delinquent in paying their annual homeowner association dues, the usage of the clubhouse is suspended until such time as this account is reconciled.
• A $25 deposit for use of clubhouse is to be given at the time of issuance of the clubhouse key. The return of the clubhouse key shall be in person by the Owner after a walk through inspection of the clubhouse with the Reservation Coordinator or other designated Board member.
• The Reservation Coordinator or designated Board member who performs the walk through will sign off in the checkout section of the form to confirm that acceptable cleaning of the Clubhouse has been performed. At such time, the deposit shall be returned to Owner.
• If the deposit is kept for violation of terms, it shall be submitted to the Treasurer for deposit in the Summerbrooke HOA bank account. Further reservations of the clubhouse by such Owner will require a $50 deposit.
C. Lot and Exterior Maintenance
The exterior of the main dwelling, including but not limited to dwelling paint, porches, free-standing buildings, mailboxes, mailbox posts, driveways, sidewalks, gutters, walkways, exterior lighting, all landscaping, landscape bed edging as well as all other accessory structures on any Lot must be properly maintained in good condition and repair (See Section 6.14 of the Declaration). This includes peeling paint, mildew problems and building repairs that would otherwise detract from the aesthetics of the neighborhood. Landscaping includes, but is not limited to, lawn mowing and edging, weeding, pruning of shrubs and trees, and the removal of dead plants, shrubs and trees.
After due notification of failure to maintain a property in an appropriate manner the Board of Directors has the authority to subcontract the work. The Board may also contact the City of Kennesaw to enforce the care and maintenance of the property under Sec. 62-6 Vegetation Control.D. Motor Vehicles, Trailers, Boats, RVs. Campers and Commercial Vehicles
All vehicles must be parked on asphalt or hard surfaces only. Parking on the grass will not be allowed. No vehicle including, but not limited to, trailers, motor homes, tractors, mopeds, go-carts, RVs, campers, boats, watercraft, or recreational vehicles may be stored outside on any Lot, but may be parked strictly on a temporary basis not to exceed 48 consecutive hours. Vehicles used primarily for commercial purposes and containing visible evidence of commercial use (such as tools, ladders, boxes, lumber, and racks) are also prohibited from being parked on the property, except in garages. They may be parked on the lot during normal business hours if they are serving the lot. Company logos of tasteful size and nature will be allowed on vehicle doors.
No large commercial vehicles including, but not limited to, semi trucks with or without trailers, dump trucks, vehicle transporters, or wreckers, may be parked in a visible location within the subdivision overnight.
E. Nuisances
It shall be the responsibility of each owner and occupant to prevent the development of any unclean, unhealthy, unsightly etc. condition on his or her property. This is a general good neighbor rule. In general, don't do anything which makes too much noise; leaves unsightly or smelly debris or rubbish on your lot; or, anything else which would be considered offensive by a neighbor. Please cleanup after your pet (both in your yard and on other property). Respect the common property and remember that such property shall not be used for any purpose other than what intended when constructed. Please observe no common property use by unchaperoned minors after 10 pm. Please observe Kennesaw’s Declaration of Nuisance Conditions Sections 46-31.
F. Open Field
• The field adjacent to the pool may be used for picnicking and “foot play”; no recreational motorized vehicles allowed.
• No activity shall be allowed that shall excessively tear up the landscaping of this area.
G. Playground
• If any Owner is delinquent in paying their annual homeowner association dues, the usage of the playground is suspended until such time as this account is reconciled.
• Do not throw the mulch outside of the fenced playground area.
• No pets inside the playground area.
H. Swimming Pool
• Swimming pool hours are 8a – 10p. Please be courteous in regard to noise level after 9p. All portions of the recreation area (tennis courts, playground, swimming pool, clubhouse, and parking lot) must be entirely vacated from 11p to 7a.
• Do not prop the pool gate open for any reason. All Owners must bring their key to access the pool and bathrooms. Do not loan your key to anyone.
• To use the pool, an adult Owner must accompany children 12 years of age or younger.
• No pets inside the swim areas.
• No wheeled recreational items including but not limited to bicycles, tricycles, skateboards, scooters, roller skates, and roller blades are allowed in the swim area.
• Swim diapers are a requirement for all children who are not completely toilet trained.
• If any Owner is delinquent in paying their annual homeowner association dues, the usage of the swimming pool is suspended until such time as this account is reconciled.
I. Tennis Courts
• Tennis court hours are 7a -10p. Please be courteous in regard to noise level after 9p. All portions of the recreation area (tennis courts, playground, swimming pool, clubhouse, and parking lot) must be entirely vacated from 11p to 7a.
• No wheels allowed on the courts. This includes, but is not limited to bicycles, tricycles, skateboards, scooters, roller skates, and roller blades.
• Black-soled shoes that leave marks are not allowed on the tennis courts.
• Please observe the one-hour courtesy rule. If people show up to play tennis while you are using the courts, you should give up your court within one hour of their arrival.
• Any guests of an Owner must be accompanied by an Owner to use the tennis courts.
• To use the tennis courts, an adult must accompany children 12 years of age or younger.
• No pets inside the tennis areas.
• If any Owner is delinquent in paying their annual homeowner association dues, the usage of the tennis courts is suspended until such time as this account is reconciled.
J. Trade or Business
No trade or business shall be conducted in or from a Lot except as permitted by the Declaration or Kennesaw Law. The use of a portion of a residence as an office by an Owner or tenant shall not be considered a violation, if such use does not create regular traffic or otherwise create a nuisance.
NOTE: Violations of the Rules & Regulations may result in fines or suspension of usage of the amenities if such violation is related to abuse of such amenities.
To Print the Design Standards and Rules & Regulations,
click here: Design Standards and Rules & Regulations