[Nhhoa] Fw: Questions about the Covenants...

[Kimberly J Hackler]

Hi, Frank & Caren.  We're glad to hear from you and appreciate your questions.
The answers to your questions are below each.
  ----- Original Message ----- 
  From: carenrago at comcast.net 
  To: North Hampton Homeowners 
  Sent: Monday, March 09, 2009 7:10 PM
  Subject: [Nhhoa] Questions about the Covenants...


  Hello Volunteer Committee,



  We have some questions regarding the proposed changes to our neighborhood covenants.  We hope you can take some time to answer and clarify some things for us.  We thank you in advance for your help.



  1.  Do the revised covenants state that homeowners are not allowed to lease out their home without written permission of the Board?

  Yes, this is a true statement if there are already 10 leased homes in the subdivision.  The actual language of the proposed document states that a lease must be approved by the Board if the number of current leasing permits, plus grandfathered lots, exceeds 10 homes at any given time.  

  However, even if there are 10 leased homes, and an owner would endure a hardship by not leasing, the owner may apply for a hardship lease permit.  We put this in place because it is not in the best interests of other homeowner's investment should a property go into foreclosure.  We've all seen the negative effect of property values in North Hampton when this occurs.  The current Board has discussed this very subject and would definetely approve a hardship permit if the only option was foreclosure.  FYI, there are currently 6 leased homes in the subdivision.  

  A former Board passed and distributed Rules that states "Prior to leasing a house, or any part thereof, the homeowner must provide a copy of the lease to the Board."

  The volunteer committee worked very hard on this language to protect the subdivision from becoming too attractive to investors, which would result in a high percentage of leased homes.  Another important aspect in limiting the number of leased homes is related to mortgage lenders offering financing to a neighborhood with a large presence of rental homes.



  2.  What does the current Board consider a "reasonable number" of household pets?  Will this number be permitted to be revised at the discretion of the subsequent Boards?

  The intent of Section 7 is to align Member's pet popultion with any State/County ordinances.  It also prohibits homeowners from becoming breeders, hence additional traffic and potential disease & noise issues.  The current Board isn't interested in setting a number per lot but to have the flexibility to address issues should they arise.

  The current Rules specifically limit the number of household pets to 3 per lot.  If you need a copy of any of the current documents for reference, they're in the Documents section of the website.  We feel that the proposed language, compared to current, offers more flexibility.



  3.  Is it accurate the the new covenants do not allow a homeowner to leave a garden hose on their driveway overnight?  If so, and the homeowner is found in violation, what is the consequence(s).

  Section 9 addresses unsightly or unkept conditions.  Members are absolutely allowed to leave garden hoses in their driveway for up to 72 hours during a project.  

  The intent is to promote a clean, well-kept appearance in visible areas.



  4.  Is it accurate that a homeowner needs permission from the Board to plant a tree in their front or side yard?

  This is an accurate statement.  Section 12 states that permission needs to be acquired from the Architectural Control Committee (ACC).  Honestly, in my opinion, this was an oversight given the immense language review.  The current Board will publish a clarifying rule, as allowed by the proposed Bylaws, stating that trees do not need prior permission of the ACC because they promote greenspace.



  5.  Is it accurate that a homeowner needs permission from the Board to hang a hammock in their backyard?

  This is an accurate statement.  Article 6, Section 12 allows hammocks with permission from the ACC.  Again, a very good point that was overlooked during the language process.  If approved, the current Board will publish a clarifying rule which will state hammocks can be hung, without permission, in a Member's back yard.



  6. Is it accurate that a homeowner needs permission from the Board to place a decorative statue in their yard? 

  This is an accurate statement. Article 6, Section 12 prohibits lawn statues or ornaments without prior ACC approval.  The language was created because of consistent & numerous complaints from homeowners.  If approved, the current Board will publish a clarifying rule for this subject limiting the number of statues and ornaments to no more than 3 without prior approval from the ACC.



  7.  Is it accurate that a homeowner needs permission from the Board to place a mobile basketball goal on their property?

  This is an accurate statement.  Article 6, Section 12 requires approval from the ACC for a mobile goal.  Upon approval, the current Board will publish a clarifying rule stating that basketball goals will be allowed, without prior approval, adjacent to driveways.



  8.  Is it accurate that a homeowner needs permission from the Board to remove certain trees from their property?

  This is an accurate statement.  Article 6, Section 13 reinforces green space within the community.  However, any pine tree can be removed without permission.  Any tree less than 6" in diameter that is diseased or dead can be removed as well.  Upon approval, the current Board will publish a clarifying rule stating any tree, regardless of size, that is diseased or is an immenent threat to a home, can be removed without prior approval. 



  9.  Is it accurate that a homeowner needs permission from the Board to paint their home?

  This is not an accurate statement.  Article 5, Section 2. states that it is a homeowners responsiblity to paint their home.  We hope that homeowners are motivated to do so to maintain their home as needed. 

  Article 6, Section 22 states that the exterior paint must be approved by the ACC and/or the Board or It's designee.  An exterior color can impact the overall astetics of a neighborhood.  I'm sure we've all driven through neighborhoods that are pleasing only to come across a home that was painted a color that negatively impacted the overall neighborhood.  Keep in mind that no single person will have the ability to approve/deny.  The ACC and/or the Board consists of a minimum of 3 community volunteers.



  10.  How much did the attorney charge to draw up these documents?

  As clearly stated in the 2008 budget package, Rome & Golden's profession fee was $1,500.00.  This fee includes the GPOA base, new language for both documents, consulting during the review process, certification of the final voting, & all document filings with the county.  Rome & Golden have been the NHHOA attorneys for the past six years.  



  First and foremost, we appreciate your constructive questions; they've brought up some good points.  The volunteer committee consisted of eight community members who earnestly reviewed the documents.  This was a very daunting project given we are all laypersons.  The intent was to create lifelong documents that ensure quality & consistency among lots while maintaining a beautiful neighborhood.

  Our intent in Article 6, Section 12 specifically was to prohibit lots from getting "junked up".  The night we reviewed this language must have been hard work days for all of us on the team because we completely missed the day-to-day impact of this language.  Please remember, we had the very best of intentions while juggling our professional and personal responsibilities.   



  Before going to our action items, there's something else you should understand.  While we were creating these documents, we put ourselves in the shoes of the receiving party.  Because, one day, we all have the potential of receiving a notice from the ACC/Board too.  Additionally, even if we are Board members, we are to be held to the documents as well.  No one should be treated favorably because they're on the Board or are friends of a Board member, PERIOD.

  We want to make sure that, if approved, there is consistency on how people are treated if they are potentially violating something.  Along with the covenants, bylaws, & rules, there will be a documented process that the Board follows.  Formatted letters are also a part of this so there is fairness and consistency in how communications are generated.  The first step in the process is to generate the letter explaining the violation. The homeowner also has the ability to appeal should they disagree with it.  If they appeal and win, this will be documented.  If the appeal is overturned, the homeowner has the right to mediation and binding arbitration should they choose to do so.  Otherwise, the Board has the ability to take action against the violation.  There are some other things involved but I want you to know that there will be policies in place that give a homeowner the ability to have their say as well.  The intent of all of this is not to make this a miserable place to live.  What we are trying to ensure is that, regardless of the age of NH, you'll always be proud to call it home.  And, when the day comes that you put a For Sale sign in the yard, that you'll get the best sales prices under the circumstances.



  Additionally, we heard these concerns during the open forum at the clubhouse so we are trying to react to the people in attendance as well.



  You have the current Board's commitment, as recorded in the minutes of our meeting on March 10, 2009, to do the following:



  1) within 5 days of the approval of the proposed documents, issue the following rules as authorized in the proposed Bylaws.



      a.  Article 6, section 12 - Trees (except pine trees)  may be planted along with grass, ornamental flowers, and shrubs without permission.

      b.  Article 6 ,section 12 - The board gives blanket approval for any homeowner to install a hammoc in the backyard of their property without approval.

      c.  Article 6, Section 12 - The board gives blanket approval for any homeowner to install up to 3 lawn ornaments without permission.

      d.  Article 6, Section 12 - The board gives blanket approval for any homeowner to install one basketball goal adjacent to their driveway.

      e.  Article 6, Section 12 - The board gives blanket approval for any homeowner to remove any diseased or dead tree, or a healthy tree that is imposing an iminant danger to the members home, or to an adjacent home, without approval



  2) Within 30 days of the approval of the proposed documents, mail to each eligible Member for voting, an amendment to the covenents re-stating the commitments made above.  Upon approval of the amendment by the members, the governing documents will address all of the concerns above,





  By doing this, our investment in these documents are protected while addressing the valid items you've brought up.  We want to address your valid concerns.  



  Thank you very much for your help.  Everyone has viewpoints to offer on any project in this community.  Please consider volunteering your expertise in future endeavors to improve North Hampton; it's "home" to all of us!



  The NHHOA Board & ACC


   



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