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<DIV><FONT face=Arial size=2>Hi, Frank & Caren. We're glad to hear
from you and appreciate your questions.</FONT></DIV>
<DIV><FONT face=Arial size=2>The answers to your questions are below
each.</FONT></DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=carenrago@comcast.net
href="mailto:carenrago@comcast.net">carenrago@comcast.net</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=nhhoa@nhhoa.org
href="mailto:nhhoa@nhhoa.org">North Hampton Homeowners</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, March 09, 2009 7:10
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> [Nhhoa] Questions about the
Covenants...</DIV>
<DIV><BR></DIV>
<DIV style="FONT-SIZE: 12pt; COLOR: #000000; FONT-FAMILY: Arial">
<P>Hello Volunteer Committee,</P>
<P> </P>
<P>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.</P>
<P> </P>
<P>1. Do the revised covenants state that homeowners are not allowed to
lease out their home without written permission of the Board?</P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2>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."</FONT></P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2></FONT> </P>
<P>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?</P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2>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.</FONT></P>
<P> </P>
<P>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).</P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2>The intent is to promote a clean, well-kept appearance in
visible areas.</FONT></P>
<P><FONT size=2></FONT> </P>
<P>4. Is it accurate that a homeowner needs permission from the Board to
plant a tree in their front or side yard?</P>
<P>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.</P>
<P> </P>
<P>5. Is it accurate that a homeowner needs permission from the Board to
hang a hammock in their backyard?</P>
<P><FONT size=2>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.</FONT></P>
<P> </P>
<P>6. Is it accurate that a homeowner needs permission from the Board to
place a decorative statue in their yard? </P>
<P><FONT size=2>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.</FONT></P>
<P> </P>
<P>7. Is it accurate that a homeowner needs permission from the Board to
place a mobile basketball goal on their property?</P>
<P><FONT size=2>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.</FONT></P>
<P> </P>
<P>8. Is it accurate that a homeowner needs permission from the Board to
remove certain trees from their property?</P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2></FONT> </P>
<P>9. Is it accurate that a homeowner needs permission from the Board to
paint their home?</P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2></FONT> </P>
<P>10. How much did the attorney charge to draw up these documents?</P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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.</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>You have the current Board's commitment, as recorded in the
minutes of our meeting on March 10, 2009, to do the following:</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>1) within 5 days of the approval of the proposed documents,
issue the following rules as authorized in the proposed Bylaws.</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2> a. Article 6, section 12 - Trees
(except pine trees) may be planted along with grass, ornamental flowers,
and shrubs without permission.</FONT></P>
<P><FONT size=2> 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.</FONT></P>
<P><FONT size=2> c. Article 6, Section 12 - The board
gives blanket approval for any homeowner to install up to 3 lawn
ornaments without permission.</FONT></P>
<P><FONT size=2> d. Article 6, Section 12 - The board
gives blanket approval for any homeowner to install one basketball goal
adjacent to their driveway.</FONT></P>
<P><FONT size=2> 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</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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,</FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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. </FONT></P>
<P><FONT size=2></FONT> </P>
<P><FONT size=2>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!</FONT></P>
<P> </P>
<P><FONT size=2>The NHHOA Board & ACC</FONT></P>
<P><BR> </P></DIV>
<P>
<HR>
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