Emerald Green Townhomes Homeowners Association
Rules and Regulations
Adopted June 2015
Revised November 2022
E-mail: EmeraldGreenTownhomes@gmail.com
Dear Homeowners and Neighbors,
We're so glad you've come to the neighborhood. You are now a member of a planned development community. This means we are a team in working to keep our neighborhood safe, responsive to our community, and a place where we are proud to live.
Please provide us with your current contact information whenever it changes so that we can keep you informed of meetings, elections, events, and benefits of living in this community. We also want to be able to contact you quickly if there is an emergency or alert of some kind.
We are hoping to have you participate in some of our community events and meet your neighbors.
As you can see in this document, we have some rules (don't most organizations?) and we have promised each other to abide by them for the safety and enjoyment of all our residents. If the rules aren't followed people get testy so we ask you to do your best. We also have fines for non-compliance, but we don't like to go there unless absolutely necessary. For a copy of the rules call or email us and we'll get them to you.
Renters who live here are subject to the rules and fines if not followed.
Your neighbors here are warm, responsible, and generous. Please come to board meetings (posted on the website and in the newsletter), join us in our events, and enjoy the benefits of being a member of Emerald Green Townhomes.
With Warmest Regards,
The Emerald Green Townhomes HOA Board Members
Table of Contents
I. Architectural Control - Building and Landscape Changes
E. Antennas and Satellite Dish
I. Potted Plants and Plants in front
J. Front Door, Windows, and Caulking
L. Ground Covering in front of homes
XIII. Rules Violations and Fines
B. Architectural Control Violations
C. Non-Architectural Violations
D. Violation and Fine Assessment Hearing
XIV. Lien and Foreclosure Process
Rules and Regulations
Pursuant to ARTICLE IX, Use Restrictions, Section One, Rules, and Regulations on page 14 and 15 of the Declaration of Covenants, the following rules and regulations have been formulated by the Emerald Green Townhome Board of Directors for the protection and general welfare of the community. These rules supplement the contents of the Declaration of Covenants, Conditions and Restrictions (CC&Rs) of the Association.
ARTICLE IX, Use Restrictions, Section One, Rules, and Regulations on page 14 and 15 of the Declaration of Covenants, Conditions and Restrictions for Emerald Green Townhomes and reads as follows; The Board of Directors of the Association shall have the power to formulate, publish and enforce rules and regulations concerning the use and enjoyment of the yard space of each Lot and the Common Areas. Such rules and regulations may provide for imposition of fines or penalties for the violation thereof, or for the violation of any of the covenants and conditions contained in this Declaration.
The board wishes to foster a community of friendly neighbors who respect the rights of others. Compliance with certain rules and regulations is necessary to accomplish this in the close community in which we live. No owner, resident or guest will be allowed to infringe on the rights of his/her neighbor. It is the responsibility of the board to enforce compliance with these rules in an equitable manner but not harass those that may occasionally slip.
Homeowner Association Dues
Our only source of operating income is from our monthly dues. It is the obligation of every homeowner to pay the monthly dues. Emerald Green HOA monthly dues are due on the first day of the calendar month. Automatic draft service is available through the management company.
By Mail
Emerald Green Townhomes HOA
c/o Red Rock Management
PO Box 996
Commerce, GA 30529
Emerald Green Townhomes 2022 HOA Board
First Name Last Name Role E-mail Addresses
Steve Parker President stevepclt@gmail.com
Lee Ann Jenkins Vice President lajenkins412@gmail.com
Karen Kerley Secretary kkerley@iss.k12.nc.us
David Dufore Treasurer erofud@aol.com
Erin Cappelmann Board Member at Large ecapp5@yahoo.com
Community documents and changes to the Emerald Green HOA Board of Directors can be found
on the HOA website at www.EmeraldGreenTownhomes.com
I. Architectural Control - Building and Landscape Changes
See Article VII of the Declaration (CCR’s) listed below.
ARTICLE Vll - ARCHITECTURAL CONTROL
Except for improvements installed by Declarant, no building, fence, signs, wall or other structure shall be Commenced, erected, or maintained upon the Property, nor shall any exterior addition to or change or alteration therein (including but not limited to, color or painting or the exterior and type of exterior finish, any existing or builder-installed construction material, plant material or ground cover) be made, unless and until three copies of the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board (said committee being hereinafter referred to as the "Architectural Control Committee"). Absent such approval, the proposed improvement may not be commenced. In the event an Owner of any Lot in the Property shall make unauthorized changes to the Lot or the improvements situated thereon in a manner unsatisfactory to the said Board of Directors or the Architectural Control Committee, said Board of Directors or the Architectural Control Committee shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance and any other costs or attorney's fees incurred in the enforcement of the rights under these provisions shall be added to and become a part of the assessments to which such Lot is subject. Any approval by the said Board of Directors or the Architectural Control Committee shall be in accordance with the requirements set forth hereafter.
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All architectural changes must be approved by the HOA Board. Homeowners must submit all desired changes in writing in advance.
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Owners are not permitted to make any additions or changes to any part of the exterior of the building unless submitted to the ARC and approved in writing as per Article VII of the Emerald Green Townhome Association Covenants. Under no circumstance will a verbal request be considered. An architectural review form can be found and submitted using the community website www.emeraldgreentownhomes.com
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All common area landscaping is to be left undisturbed. Requests for additions or changes to the Owner’s landscaping must be submitted to the Architectural Review Committee, using the submission form located on the community website. No verbal request will be considered.
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The Board has the right to remove and/or repair any unauthorized changes to the grounds that an Owner refuses to correct after being notified of such. The cost of the removal and/or repair will be billed to the Owner.
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Architectural changes include but are not limited to patios, driveway pavers, fences, landscaping. You are encouraged to seek out advice and answers from the HOA Board or Architectural Review Committee (ARC) if there is any ambiguity about what is or is not an architectural change.
II. Building Exterior
A. Decorations
Exterior decorations such as seasonal or holiday decorations shall be limited, modest and unobtrusive and must be removed after the holiday season (within 30 days after the date of the holiday). Decorations must not be placed in any grassy area during mowing season that would prevent the landscaping crews from performing their weekly duties.
B. House Numbers
Numbers on home MUST always remain on the front of the column or the front door, as designated by the builder.
C. Cleanliness
Each homeowner shall keep their townhome unit in a good state of preservation and cleanliness, to the extent that the Association is not responsible.
D. Window Covering
The following italicized information can be found within the Emerald Green Bylaws (on page 27, section 8 – Use and Occupancy Restrictions) filed with the Iredell County Register of Deeds on 10/25/2007 at 2:49:10PM – Book 1893 Page 583-620
Section 8 - Use and Occupancy Restrictions
8.2.2.1 Window and Door Treatments. Each Owner shall maintain a standard window and door treatment for all exterior windows and doors that conforms to the requirements of the Association, as defined in the Master Deed and, from time to time, in the rules and regulations of the Association.
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All windows, sliding doors etc. shall be properly covered with appropriate window dressing. Any covering for garage door windows requires ARC approval prior to installing.
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Sheets, blankets, boards, or other such items shall be specifically prohibited.
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Window dressing shall be of a reasonable quality and shall compliment the property.
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No exterior shades, awnings, window guards, or air conditioning devices shall be used in or about the building, common areas, or private patios, except as shall have been approved by the Architectural Review Committee.
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Only appropriate window treatments are permitted. Appropriate window treatments would include, by illustration, curtains, and draperies with backing materials of white, light beige, light tan, or light gray; blinds or mini blinds of the same colors or natural wood; and shutters of the same colors or natural wood. No other window treatment color may be visible from the exterior of the dwelling. Prohibited items are any temporary or disposable coverings not consistent with the aesthetics of the community, such as reflective materials, newspapers, shower curtains, fabrics not sewn into the finished curtains or draperies, other paper, plastic, cardboard, or any other material not expressly made for or commonly used for window coverings in a residential community of the same caliber as Emerald Green.
E. Antennas and Satellite Dish
Only one satellite dish or antenna is allowed per dwelling and must be placed where not visible from the street, Antennas, or satellite dishes must be attached or mounted on the rear roof of the residence extending no higher than the eaves of that portion of the roof of the dwelling directly in front of such antenna. If a signal cannot be obtained under these restrictions, The homeowner shall submit an ARC request which will be reviewed by the Architectural Review Committee as well as the current Board Members for approval. Approval must be obtained prior to installation.
F. Exterior Painting
No homeowner shall do any painting or decorating of the exterior of the building or make any alterations or improvements to the exterior of the buildings or any of the common areas, without prior written approval from the Architectural Review Committee and/or Broad of Directors.
G. Exterior Furniture
No furniture shall be used, stored, or kept on the exterior of any residence except on porches, rear patios and decks. Furniture is limited to the type designed for outdoors use and must be in good repair. Broken and mismatched furniture is not allowed.
H. Landscaping
No changes shall be made to the front landscaping of the dwelling, including adding or deleting shrubbery without written permission from the Board, or the architectural committee. (See Article VII of the Declaration listed below). Homeowners may plant shrubs or flowers in the back of dwelling, but such additions must be maintained by the homeowner, not the Association.
I. Potted Plants or Planters in the Front Yard or Driveway
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Modest portable planters or tubs within six feet of the home or garage will be allowed without permission if the plants are maintained in "good health", pruned, nonobtrusive to not obstruct or intrude on a neighbor's view and in keeping with the architectural ambiance.
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Planters and tubs must be free of weeds and debris.
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Additional landscaping in the driveway or front yard by the homeowner is limited and requires approval by the Architectural Review Committee.
J. Front Door, Windows, and Caulking
Exterior doors, windows and caulking is the responsibility of the homeowner. This includes the regular cleaning and maintenance of windows and doors as well as staining of the front door. It is recommended that homeowners make their own inspections on a yearly basis to avoid moisture entering the walls of the home through leaking seams around the windows. When damage is caused by moisture in these areas it is the responsibility of the homeowner to make all needed repairs in a timely manner.
Front doors must be kept in good repair and stained on a regular basis by the homeowner. Based on the direction the front façade of the home faces, staining could be required as soon as every year and a half to two years. For all homeowners it is recommended that front doors be stained no less than every three years.
Notice – When using the approved colors listed below, no ARC request is required
Approved front door stain colors are as follows.
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Phase one homes front door stain color is required to match the interior side of the door which is the original stain color.
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Remaining homes front door stain colors are.
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Rust-Oleum brand wood stain color “COGNAC”
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Min-wax brand gel stain color “MAHOGANY”
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K. Driveway
GUIDELINES FOR ARCHITECTURAL APPROVAL ON DRIVEWAY PAVERS
Your request for architectural approval to install permeable pavers is subject to the following conditions:
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The Association cannot be responsible for impervious surface limit enforcement by the city, County, or State. Any required removal of the materials used or repair to the construction site will be the responsibility of the homeowner.
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The design and the installation of pavers will be in keeping with the following standards:
A. Excavate 12” to 14” below the top of the existing concrete depending on the design of the driveway.
B. Put geo textile fabric on subsoil
C. Use 8” to 10” of #57 washed stone
D. Use 1” of #78 stone
E. Use BELGARD Eco Dublin Permeable Pavers
F. Color of Pavers to be Fossil Beige
3. The ultimate responsibility for construction is that of the homeowner. If the sidewalk or outer strips of concrete in the driveway are damaged or destroyed, it is up to the contractor and ultimately the homeowner to replace them.
4. Please attach a diagram of the construction site with details when submitting your Architecture Review Request for approval.
L. Ground Covering in front of homes
No homeowner shall change the ground covering that is visible from the front side of the home. The Association maintains the “pine needle” covering that is currently in place and any deviation from this requires approval of the Architectural Review Committee. Please note that if approved, changing from the pine needles provided currently will result in the owner being responsible for the current and future supply and maintenance of the new materials. Only specific colors will be approved and must blend with the current façade of the entire community.
M. Exterior "Other Items"
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Birdbaths, seeded birdfeeders, and birdhouses are permitted only in the backyard without the need of Architectural Committee approval and must be maintained. Birdbaths, birdfeeders, and birdhouses to be located visible from the front of the home require approval from the Architectural Committee.
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Clotheslines, storage tanks, woodpiles and similar items are not permitted. Outside storage of any materials such as, but not limited to, lawnmowers, landscaping materials, and lumber is not permitted.
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Swing sets, play structures, playhouses, and basketball goals are not permitted. All toys and bicycles must be stored inside the garage and not visible.
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Storm doors with full height clear glass (no etched glass) are permitted. The storm door must match the outside existing façade with color and door hardware and their appearance must be maintained by the homeowner.
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Freestanding flagpoles are not permitted. Flags, which in the Board’s judgment, tend to incite or antagonize neighbors are not permitted. Only one flagpole, not to exceed 2 inches in diameter and 60 inches in length may be attached to front of the dwelling. Such pole Flags shall not exceed 4 feet by 8 feet in size. One standard seasonal or decorative Garden Flag of 12 inches wide and 18 inches long, with a flag holder no greater than 15 inches wide and 32 inches long are permitted in the front landscape area of the dwelling. No Flags shall be attached to fences that are visible from the front of the dwelling. Flags must be maintained in good condition and shall not be displayed if faded, mildewed, and tattered, etc.
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Garage doors should be always closed except when entering and exiting and while working inside the garage. No signage or decorations of any type on the garage door.
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Garden hoses shall not be kept out and visible in the front yard of any dwelling. Hoses should be stored out of sight in the garage or in a proper storage container. Hoses should also be kept in a location so that they do not block the landscapers.
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No sign of any kind shall be erected on the common grounds or outside of any home, except “for sale” signs. Each unit Owner may erect one “for sale” sign directly in front of their home only.
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Newspapers should be collected from the yard or curbside on the same day of delivery. It is the homeowner’s responsibility to make sure that newspapers do not litter the community. Fines will be assessed for untimely collection of newspapers and other such material left outside of the home.
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Portable basketball hoops are not permitted with Emerald Green.
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The Board discourages using the street as a court to play games.
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At no time will any basketball hoop be placed on the sidewalk, for any reason.
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III. Vehicles and Parking
Please see the below italicized text that has been pulled directly from our CCR’s in reference to parking of vehicles. The Board felt it necessary to add this to show that these rules are completely in line with the original CCR’s and are filed with the Iredell County Register of Deeds. This can also be seen on page 16 of the CCR’s for verification.
Section Six Parking of Vehicles and Use of Property. Unless otherwise permitted by the Rules and Regulations no boat, trailer, recreational vehicle, camper, camper truck or commercial vehicle shall be parked, stored, or left (a) on any undesignated part of the Common Area, (b) in any driveway or (c) on any other part of a Lot, (d) or otherwise in the Property unless the same are fully enclosed within the garage located on the Lot. Any such vehicle shall be parked, stored, or left wholly within the garage located upon the Lot, except to the extent same is already occupied to capacity, in which case such vehicle may be parked temporarily in the driveway once during any calendar month for not more than 24 consecutive hours. This Restriction shall not apply to sales trailers, construction trailers, or other vehicles which may be used by Declarant or a Builder (provided that such Builder obtains the prior written approval of Declarant) and their agents and contractors during construction and marketing. No boat, truck, trailer, pre-manufactured home, camper, recreational vehicle or tent shall be used as a living or dwelling area within the Property. No repairs to or maintenance of any automobile or other vehicle shall be made or performed on any driveway within the Property, except in the case of emergency and except as may be permitted by the Rules and Regulations. No unlicensed, wrecked or inoperable vehicles may be left on a Lot unless the same are fully enclosed within the garage located on the Lot.
Each Owner shall be entitled to park no more than three vehicles within the garage of and driveway to the Owner's Lot. Parking shall be allowed on those portions of the Common Area designated by the Board of Directors as parking areas, and along the private streets within the Property, subject to such reasonable Rules and Regulations as the Board may promulgate.
1. The following may not be operated or stored on the street or in any yard of the Emerald Green community:
a. any unlicensed vehicle
b. trucks of more than one and one half (1 ½) tons gross weight
c. boats
d. recreational vehicles (RV)
e. trailers
2. No inoperable vehicle, either temporary or permanent, or wrecked vehicle (including vehicles with broken glass, or flat tires) of any type is allowed on the property. No repairs can be made in the parking lot, except for minor repairs.
3. The speed limit is 15MPH throughout Emerald Green and shall be observed throughout the development. Be alert for walkers, joggers, small children, older individuals, dog walkers and wildlife.
4. Car repairs, including but not limited to oil changes, are prohibited in yards, driveways,
or streets.
5. Temporary storage containers (PODS) that are used when moving or for repairs and
renovations are permitted for not more than thirty (30) days, without special permission
from the Board of Directors. The container must be placed and fit on the Owners personal parking pad.
6. Vehicles may not be parked on grass.
7. Vehicles may not be parked within 15 feet of a corner or curve.
8. Vehicles may not be parked within 10 feet of a hydrant.
9. Vehicles parked on the street must be parked in the same direction as the flow of traffic.
10. Semi-trailer or work trucks may not be parked overnight in the community.
11. Do not park to impede or prevent ready access by emergency, trash removal, recycling, police, or city utility vehicles.
12. Do not park at emergency exists or turnaround at end of Coral Lane, and access road to natural area (Town of Mooresville, and Duke Energy require access to easement).
13. Comply with ordinances of the Town of Mooresville. Such ordinances include restrictions on parking at fire hydrants, stop signs, parking in the proper direction with the passenger side at the curb and obeying the 15MPH speed limit within the community. It is the homeowner’s responsibility to become familiar with these ordinances.
14. Do not park at spaces in front of another homeowner’s driveway. On street parking is reserved for temporary parking for guests.
15. No commercial vehicles shall be parked on any part of the property, unless enclosed within a garage. Those commercial vehicles being used by repair or construction contractors working for homeowners are permitted, however, any damage created by such contractor shall be the responsibility of the homeowner.
16. Homeowners using the clubhouse should consider the limited parking for guests from outside the community.
IV. STORAGE
No boats, campers, travel trailers, recreational vehicles or boat trailers, minibikes, or other such items shall be stored on any part of the property unless parked fully within a garage.
V. NOISE AND DISTURBANCES
Owners and occupants shall exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises and in using, playing, or permitting to be used or played musical instruments, radios, phonographs, televisions, amplifiers and any other instruments or devices in such manners as may unreasonably disturb owners, tenants, or occupants of other homes.
1. Homeowners are urged to exercise restraint in using noise - making tools and appliances between 11:00p.m. and 8:00a.m.
2. Barking dogs shall be controlled by the animal's owner. Complaints received by the Board of Directors regarding a barking dog could result in removal of the dog at owners' expense.
3. All noise must be kept to a minimum throughout the neighborhood.
4. City ordinances require that:
a. No nighttime (11:00 p.m.—8:00 a.m.) sound level shall exceed 50 dB(A);
b. No daytime or evening (after 8:00 a.m.—before 11:00 p.m.) sound level shall exceed 60 dB(A).
c. No discharge of firearms or fireworks shall be permitted.
All homeowner’s complaints should be directed to the Community Management Company.
VI. GARBAGE
1. All garbage and refuse from the townhomes shall be deposited with care in receptacles intended for such purpose. All waste should be bagged and tied before depositing in receptacles.
2. Garbage containers/receptacles must be stored inside the garage or behind the dwelling, not visible from street, except on collection day.
VII. Disposal of Toxic Waste
No owner or occupant shall dispose of any toxic material on the complex in a manner which is inconsistent with local and federal law. The Board of Directors shall be empowered to levy a severe fine against the owner of the home whose occupants have been observed illegally disposing of any toxic material. Toxic materials include, but are not limited to, oil, antifreeze, solvents, gasoline, paint etc.
There will be no warning for disposal of toxic waste and any such activity must be stopped immediately. The homeowner will be fined the highest amount allowed by law plus any other amount for damages and restoration.
VIII. CLUBHOUSE
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No guest shall be permitted in the clubhouse without being always accompanied by a homeowner.
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Anyone under 18 years age must be accompanied by an adult owner of an Emerald Green townhome.
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The clubhouse area may be reserved by a homeowner for a private gathering only in accordance with such conditions and requirements as set forth by the Board. A request shall be submitted not less than seven (7) days in advance of the current date using the online form located on the Emerald Green website www.emerladgreentownhomes.com . The written request shall specify the approximate size of the group invited, the type and general description of the function, and the date and hours requested. A deposit in an amount of Fifty Dollars ($50.00) shall be paid, such amount subject to adjustment by the Board, is required to ensure the Clubhouse is cleaned properly and no damage has occurred. The deposit will be returned once the Clubhouse Checklist has been sent to the Emerald Green HOA using the following email address EmeraldGreenTownhomes@GMAIL.com and the clubhouse has been inspected. The reservation shall be posted to the Emerald Green calendar on the community website. Homeowners are responsible for making sure their reservations are added to the calendar with the correct date and time.
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The furniture provided by the Association within the clubhouse area shall not be removed from the clubhouse at any time.
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Homeowners, Lessees, and guests shall not leave any personal items within the clubhouse overnight, including removing all items from the refrigerator. All trash should be placed in the trash can on the back porch of the clubhouse.
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No pets of any type are permitted in the clubhouse AT ANY TIME.
IX. Pets
Please see the below italicized text that has been pulled directly from our CCR’s in reference to Animals and control of dogs. The Board felt it necessary to add this to show that these rules are completely in line with the original CCR’s and are filed with the Iredell County Register of Deeds. This can also be seen on page 17 of the CCR’s for verification.
Section Eight Animals. No animals, livestock, or poultry, including horses, shall be raised, bred or kept on any portion of the Property, except that dogs, cats or other household pets may be kept, but not for any commercial purposes, provided they do not create a nuisance (in the judgment of the Board) such as, but without limitation, by noise, odor, damage or destruction of property or refuse. Any excrement deposited by an animal on any portion of the Property shall be promptly removed and appropriately disposed of by the owner of such animal. The number of household pets kept or maintained on a Lot or in the townhome located on the Lot shall not exceed two (2) in number, except for newborn offspring of such household pets which are all under nine (9) months in age. Dogs shall at all times whenever they are outside of a townhome be on a leash or otherwise confined in a manner acceptable to the Board. Animal control authorities shall be permitted to enter the Property to patrol and remove pets and wild animals. All pets shall be registered, licensed, and inoculated as required by law. No fenced dog enclosure or other structure for pets may be constructed or maintained on any Lot unless the same has been approved in writing by the Architectural Control Committee.
Section Nine Control of Dogs. Every person owning or having possession, charge, care, custody or control of any dog shall keep such dog exclusively upon his own premises; provided, however, that such dog may be off the premises if it be under the control of a competent person and restrained by a chain, leash or other means of adequate physical control. No dog shall be left unattended by an owner outside of the townhouse on the Lot. Each dog owner is required to pick up from the Lots and Common Area the waste deposits of the dog. Such waste deposits must be placed in garbage and refuse containers approved by the Board of
Directors.
Keeping typical domestic pets is permitted when the following rules are observed. All animals must be vaccinated and properly licensed with the proper government agency. The board shall have the right to order any person with a pet that is a danger, nuisance or does not comply with the following rules to remove such pet from the premises.
Violations of any of these regulations may be reported to Animal Control Services Office of the Iredell County Sheriff’s office at 704-878-5335 from 8am to 5pm, Monday – Friday and to the Emergency Communications Center at 911 at all other times.
Pet owners must immediately clean up and properly dispose of animal waste. Failure to do so will result in fines being assessed.
A. Dogs
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Dogs are to be walked on leashes. Owners MUST clean up immediately after their pets in all areas and dispose of the bagged waste in appropriate containers.
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DOGS MAY NOT BE LEFT OUTSIDE AND UNATTENDED AT ANY TIME.
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Any dog running loose without identification shall be considered a stray. Please report strays to Iredell County Animal Control Services.
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A pet is considered a stray when it is off the property of its owner and not under restraint by means of a leash. Voice command is not recognized as adequate restraint.
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A dog is considered a nuisance when it habitually and continuously barks, whines, or howls in an excessive manner two or more times per minute during a ten (10) minute period or between 10:00 p.m. and 7:00 a.m., displays aggression towards people or other animals (whether on or off a leash) or damages property.
B. Cats
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For their own safety and for the well-being of the neighborhood, it is strongly recommended that cats should be kept indoors only.
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Cats must have a collar, rabies tag and identification tag with owner’s name, address and phone number or they may be deemed as strays if they are off the Owner’s property.
C. Other Animals
Livestock including but not limited to cows, pigs, sheep, roosters, chicks, or chickens are not allowed in the community.
X. Occupants/Non-owners
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The occupancy in each home is limited based on federal, state, and city laws and ordinances. Any violation of said laws and ordinances will be reported to the proper authorities.
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The homeowner shall be responsible for keeping the management company informed of any change in occupancy. Owners shall provide the management company with the names of all authorized occupants, their telephone number, and the license number, make and color of authorized vehicles. Using the attached “Rental Information Form”.
There will be no warning for failing to provide tenant information to the management company of record. This information shall be provided no later than 10 days prior to the property being occupied. The homeowner will be fined the highest amount allowed by law plus any other amount for damages and restoration.
XI. Rental of Property
Emerald Green is a residential community of private single-family townhomes. While renting for any reason is discouraged, the Board recognizes that personal circumstances do change, and Owners may find themselves contemplating renting their homes for a period. Before making the decision to rent and certainly before having a rental agreement drawn up, Owners need to be aware of the following:
The following (italicized) information can be found within the Amendment and Supplement to the Declaration of Covenants, Conditions and Restrictions for Emerald Green Townhomes (on page 33, section 10 – Leases) filed with the Iredell County Register of Deeds on 02/19/2016 at 2:47:56PM – Book 2404 Page 1827-1833
Article IX ''USE RESTRICTIONS" of the Declaration is amended and supplemented by adding the following section:
Section Twelve Leases/Restrictions on Rentals. Owners must apply to the Board of Directors for written approval before renting their Lot to a tenant. At no time shall more than twelve and one-half percent (12.5%) of the Lots in the community be approved for rental at any one time. This limitation on the number of rental Lots shall be referred to herein as "Rental Quota". The Association shall keep and maintain a list of rented Lots and create rules and regulations governing placement of Owners on such list. Any Owner who rents or leases his Lot to a tenant shall not be entitled to use and enjoy any facilities on the Common Area(s) during the period the Lot is occupied by such tenant.
No Owner shall lease or rent less than an entire Lot. There shall be no timesharing or other co-ownership that allows multiple Owners sequential possessory interests in a Lot. No Lot shall be leased or rented for hotel or transient purposes and no rental agreement or lease shall be made for a period of less than one (I) year. All leases shall be for a definite term, i.e. no periodic "day-to-day", "week-to-week", "month-to-month", or "year-to-year" tenancies, nor shall any lease permit tenant holdover past its stated term. However, one (I) year consecutive renewals involving the identical tenant(s) are permitted with written approval of the renewal term by the Association.
If a Lot has been approved for non-owner-occupied status ("Approved Lot"), such Lot shall retain such status only if all other provisions and requirements of this Amendment have been and continue to be met and under the terms and conditions set forth herein. Despite any provision in this Amendment to the contrary, if an Owner of an Approved Lot is unable to secure a new lease within ninety (90) days following the expiration of a lease, said Lot shall lose its approved status and any further rental of such Lot shall be subject to re-application. No signs advertising or noticing a Lot as for rent or lease shall be permitted within the Property.
Board approval shall be withheld unless the lease or rental agreement between any Owner and a tenant is in writing and provides that it is in all respects subject to the provisions of the Declaration, including this Amendment, and that any failure by the tenant to comply with such provisions shall be a default under the rental agreement or lease and cause for eviction from the property. However, the failure of any lease or rental agreement to so provide shall not excuse any person from complying with the provisions of the Declaration. Any Owner shall remain liable to the Association for any violation of the Declaration committed by such Owner's tenant. In addition to the remedies for use restriction violations imposed by the Declaration and/or N.C.G.S. §47F, the North Carolina Planned Community Act, the Association may also require an Owner to evict his tenant(s) in the event such tenant violates the terms of the Declaration. Failure by an Owner to so evict shall be deemed a violation of the use restrictions of the Declaration. In no event shall any lease or rental agreement release or relieve an Owner from the proper maintenance of the Lot, or the obligation to pay regular, special, and specific assessments to the Association, regardless of whether the obligation to pay assessments has been assumed by the tenant in such lease or rental agreement.
Any Lot Owner may contact the Association for written approval to lease or rent a Lot only after said Owner has personally occupied the Lot for at least three hundred sixty-five (365) consecutive days. No Owner shall be approved for more than one (1) Approved Lot simultaneously. In the event that the Rental Quota has already been met, a Lot Owner may place his, her, their or its name upon a waiting list, which shall be located at the office of the property management company employed by the Association, or another location, as determined by the Board of Directors.
If the Rental Quota has been met, thus making the opportunity for rental unavailable, and an Owner who has been a resident in Emerald Green Townhomes for at least one (1) year is faced with a serious financial hardship, said Owner can appeal to the Association in writing to request an exception with regards to the Rental Quota for a period of one (1) year. It is in the Association's sole discretion whether or not any such exception shall be allowed, and there is no requirement for the Association to approve such request, even if it has done so previously in similar circumstances. In addition, the Association shall have the discretionary power, but not the duty, to allow the Rental Quota to be increased or exceeded for extenuating circumstances such as the death of an Owner.
On or before the fifth (5th) business day after the earlier of the full execution of any lease or rental agreement for a Lot or occupancy of any Lot by any tenant, the Owner of said Lot shall deliver to the Association, and, thereafter, keep current, the following in writing:
a. The name of the tenant, number of occupants, and the address of the rented or leased Lot.
b. The current address and telephone number of the Owner and property manager, if any, renting or leasing said Lot.
c. A true and complete copy of the lease or rental agreement and lawn maintenance agreement (Owner may remove financial information or social security information prior to submission);
d. The certification of the Owner that the tenant has been given a copy of this Declaration, any applicable amendments, the bylaws of the Association and any rules and regulations promulgated by the Association and that such tenant has been advised of any obligations he may have thereunder as a tenant; and
e. The license plate number(s) and vehicle description(s) of any tenant(s)' vehicle(s).
The Board may adopt additional Rules and Regulations to govern the Rental Quota leasing Process and shall, if adopted, make the Rules and available to all Members of the Association. In addition, the Association reserves the right to terminate the Approved Lot status as to any Lot for reasons including, but not limited to, a) the presence of unauthorized occupants, b) violations of the Association's governing documents or applicable City or County ordinances, c) illegal activity or d) reasonable suspicion by the Association of criminal activity within the Property or outside of it by any occupant or an occupant's guest or invitee.
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You are required to acknowledge in writing your tenant, lessee, or contract purchaser fully understands the CC&Rs, and has received a copy of the Rules and Regulations of the Emerald Green Homeowners Association.
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You are required to further acknowledge you (as a member of record of the Emerald Green Homeowners Association) will be held responsible for the actions of your tenants, including any penalty assessments for violations of the Rules and Regulations of the Association, as well as any costs for repairing damage to the common area or, other property caused by your tenants.
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A copy of the rental information form furnished by Emerald Green management firm must be submitted to the management company of record or Secretary of the Board of Directors on or before the fifth (5th) business day after the earlier of the full execution of any lease or rental agreement.
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Your lease should address these matters of interest to the Emerald Green Homeowners Association:
a. The right of the Association to enforce the governing documents and more specifically the rules and regulations against both Owner and Tenant. The Owner is responsible for supplying Tenant with a copy of these prior to signing of the lease and the Tenant MUST execute a lease information form that the Property Manager/Owner will provide.
b. The responsibility of both Owner and Tenant to maintain the grounds, common areas as well as private property, in keeping with the Association’s Architectural and Grounds maintenance policies.
c. The liability of the Owner and Tenant for any damage to property and common areas owned by the Association.
d. The responsibility of Owner for all Homeowner dues and assessments, regardless of what arrangement Owner and Tenant may make between themselves for payment of these monies.
XII. SAFETY
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Each homeowner shall be required to maintain a general-purpose fire extinguisher in a prominent place within their home and may be asked to certify that they have met this requirement.
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All grill or outdoor fire assemblies, such as pits or chimineas, should be used in a safe manner and in accordance with Iredell County Fire Code Restrictions (i.e., at least 10 feet from any combustible materials).
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Residents will keep all homes at a minimum temperature of 55 degrees and disconnect all exterior hoses during the winter to prevent the freezing and cracking of pipes. Homes should also be winterized by turning off the water if they are to be left vacant for extended periods.
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Each homeowner at their own expense will have their dryer vent cleaned regularly to prevent the possibility of fire from the appliance overheating. Dryer vents should be inspected yearly at a minimum and cleaned as needed.
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Outside faucets should be covered during extremely cold weather but need to be covered with the insulated covers made for such purpose.
XIII. Rules Violations and Fines
Violators of these Rules and Regulations, any resolution of the Board of Directors, the Bylaws, and/or Covenants, Conditions, and Restrictions (CC&R) may result in the matter being turned over to the Association's attorney for resolution. This is an addition to any other remedies available, including commencing civil action.
A. Filing a Complaint
Community members wishing to file a complaint must do so in writing to the Management company of record for Emerald Green Townhomes.
B. Architectural Control Violations
Example: Unapproved changes to patio or construction of a fence. See Architectural Changes.
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Day 1: First a warning letter is sent detailing the issue. The homeowner has 30 days to correct the issue and respond back to the Board.
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Day 31: If the issue has not been corrected and the Board has not given an extension then a second letter will be sent requesting a hearing with the Board or an adjudication panel.
C. Non-Architectural Violations
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Day1: First a warning letter is sent detailing the issue. The homeowner has 7 days to correct the issue and respond back to the Board and/or management company of record.
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Day 8: If the issue has not been corrected and the Board has not given an extension then a second letter will be sent requesting a hearing with the Board or an adjudication panel.
D. Violation and Fine Assessment Hearing
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The homeowner will be given an opportunity to present their case and may then be excused.
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The hearing panel will confirm whether a violation has occurred and set a reasonable amount of the fine.
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The fine levied may not exceed $100 per day per violation.
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The Owner will be notified of the decision of the hearing panel, the amount of the fine, the date that fining will commence, and the right of appeal to the Board if the hearing was held before an adjudicatory panel.
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The Board will wait 5 days after the hearing before imposing the fine.
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This time is afforded the homeowner as a last opportunity to remedy without a fine.
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Thereafter, the homeowner will receive a monthly invoice for the fine.
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Fines more than 45 days overdue will be sent for debt collection and lien or foreclosure.
The Board reserves the right to use its authority to have any issue fixed, at the homeowner’s expense.
E. Legal Action Procedure
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Before turning a matter over to the Association's attorney, a homeowner shall be given at least 15 days written notice of the Board's intention, along with a statement for why the action is being taken.
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Any homeowner objecting to the procedure is entitled to file a written appeal to the Board within 4 days of the notice. Upon filing the appeal, the homeowner shall be entitled to be heard before the Board of Directors, either orally or in writing, not less than 3 days before the effective date of turning the matter over to the Association's attorney.
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Following this hearing, the Board shall determine, at its discretion, whether to proceed. Written notice of the Board's decision shall be given to the homeowner not more than 48 hours following the hearing.
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All notices, either to homeowners or the Board; given pursuant hereto shall be in writing and delivered personally or sent by first-class mail, postage prepaid. Notices to a homeowner shall be sent to the homeowner's last address of record as shown in the Association's files. Notices to the Board shall be sent to the Association's current management company with a duplicate copy of the notice to the current President of the Emerald Green Homeowners Association, at his or her home address. All notices shall be deemed effective upon receipt if delivered by hand or on the next business day if sent by mail.
XIV. Lien and Foreclosure Process
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A notice of intent to file a lien is sent when an account is ninety (90) days past due.
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The account has ten (10) days to respond; if there is no response, a letter is sent to the attorney requesting that a notice of an assessment lien be placed on the property.
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The attorney verifies owner and home number by requesting legal vesting from Title Company.
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The notice of an assessment lien is sent to the county recorder. Approximate length of time until a recorded lien is returned is seven to ten working days.
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The attorney waits 20 days for response to lien notice, and then checks with the management company to see if the account is still delinquent. If so, without further direction, the attorney proceeds.
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The notice of intent to commence legal action is prepared and the homeowner has ten (10) days to fifteen (15) days to respond.
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The attorney checks with the management company for approval to proceed with the summons and complaint. (Foreclosure)
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The summons and complaint are sent to the court for filing and then returned to the attorney for service. The complaint is signed by the Board of Directors.
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The summons and complaint are served by the Iredell County Sheriff.
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Proof of service is returned to the court.
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The homeowner has 30 to 35 days to respond to the summons; if there is no response, the homeowner is in default.
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The property is sold through a foreclosure. Disbursements of funds are made in order of claim, i.e., first mortgage holders, second mortgage holders, et cetera NON-OWNER-OCCUPIED RESIDENCES
XV. GENERAL
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Complaints regarding the service of the buildings and grounds or regarding action of other homeowners shall be addressed in writing to the Board and sent to the Management company of record for Emerald Green Townhomes.
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Any consent or approval given under these community rules by the Board shall be revocable at any time.
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Suspicious activity should be reported immediately to the Mooresville City Police
PLEASE FAMILIARIZE YOURSELF WITH THE RULES IN ORDER THAT WE MIGHT ALL ENJOY OUR COMMUNITY.
CONCLUSION
To be totally and fully informed about rules and regulations, you should also familiarize yourself with your official documents (bylaws and declarations) governing the community.
You have chosen a beautiful place to live, and by all of us working together, we can certainly protect our investment. If at any time you have questions, please contact the Board of Directors c/o of the Community Manager.
Valuable Safety Tips for the Home
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Do not warm up your car in the morning unless it is locked.
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Do not leave car or house doors unlocked for any reason.
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Do not leave valuables in your car.
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Turn off your water when out of town. Ruptured water heaters, toilet lines, ice makers and washing machine lines can cause thousands of dollars in damages in a short period of time.
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Replace the rubber hoses on your ice maker and washing machine with the braided stainless-steel type to prevent damage from ruptured pipes. These can be purchased at Lowe’s, Home Depot, or any hardware store.
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Stop delivery of your newspapers when on vacation.
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If away for a few days or on vacation, ask a neighbor to put up your trash and recycling bins after pickup day.
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Buy some inexpensive timers and turn lights and radios on and off at different times when on vacation or away from your home.
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Do not leave a message on your phone that you are out of town.
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Check all outside lights around your home to ensure proper working order. Keep your property well lit.
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Report any suspicious activity by calling the Mooresville City Police.
For a complete schedule of fines as well as the "Rental Information Form" you will need to print or view the online version of these Rules and Regulations.
Click the links to navigate the page
Please use the links you see to the right to navigate to the section of your choice.
We have tried to make it as easy as possible to find every subject covered within these Rules and Regulations.