HUNTER’S CREEK COMMUNITY ASSOCIATION COMMUNITY STANDARDS DEPARTMENT BY: KAREN MARICH, COMMUNITY STANDARDS MANAGER

COMMUNITY STANDARDS MISSION STATEMENT The mission of the Community Standards Department is to keep Hunter’s Creek a beautiful, well-maintained community by upholding and enforcing the rules and regulations, outlined in the Governing Documents, in a consistent manner for all homeowners. We strive to educate and work with the residents of Hunter’s Creek in order to bring any problems into compliance, which allows neighbors to be able to live in harmony with each other.

STAFF MANAGER ARCHITECTURAL ADMINISTRATOR INSPECTORS (3) ADMINISTRATIVE ASSISTANTS (3) ALL STAFF ARE FULL-TIME HOURS OF OPERATION: 8 AM – 5 PM

AREAS OF RESPONSIBILITY ENFORCEMENT OF RULES AND REGULATIONS, USE RESTRICTIONS AND ARC GUIDELINES ARC ADMINISTRATION AND MODIFICATION INSPECTIONS

INSPECTIONS EACH INSPECTOR HANDLES APPROXIMATELY 1/3 OF THE HC PROPERTY. SINGLE FAMILY HOMES – 4502 TOWNHOMES – 112 CONDOMINIUMS – 1390 MULTI FAMILY (APARTMENTS) – 2730 TOTAL UNITS

INSPECTIONS FULL INSPECTION – INSPECTION OF ALL PROPERTIES WITHIN THAT NEIGHBORHOOD. ALL VIOLATIONS ARE TO BE CONSIDERED. RECHECK INSPECTION – RECHECK OF ALL OPEN VIOLATIONS DUE FOR FOLLOW-UP.

INSPECTIONS CONT’D SPECIAL INSPECTIONS – BASED ON A HOMEOWNER COMPLAINT, BOARD MEMBER OR EMPLOYEE OBSERVATION IN WHICH WE WILL GO OUT FOR THAT SPECIFIC ITEM. MOW INSPECTION – INSPECT PROPERTIES FOR MOWING, EDGING AND TRIMMING OF LAWNS.

INSPECTIONS CONT’D PARKING INSPECTION – INSPECTION BETWEEN 4 AM AND 7 AM WHERE WE CITE FOR ALL PARKING AND PROHIBITED VEHICLE VIOLATIONS. TRASH INSPECTIONS – INSPECTION OF ALL TRASH VIOLATIONS ONLY ON A NON-PICKUP DAY

FREQUENCY OF INSPECTIONS FULL INSPECTIONS – ONE TIME/MO RECHECK INSPECTIONS – ONE TIME/MO SPECIAL INSPECTIONS – AS REQUESTED MOWING INSPECTIONS – DURING GROWING SEASON, WEEKLY. OTHERWISE BI-WEEKLY. PARKING INSPECTIONS – TWO TIMES PER MONTH TRASH INSPECTIONS – TWO TIMES PER MONTH

ENFORCEMENT LETTERS: MINIMUM 3 LETTERS “A” LETTER – (EASY LETTER) NOTIFIES THE HOMEOWNER THAT IN THE EVENT THEY ARE NOT AWARE, THEY HAVE VIOLATED ONE OF THE RULES. “B” LETTER – IF SEEN AGAIN, “B” LETTER IS SENT INFORMING THEM THAT THE VIOLATION STILL EXISTS AND GIVES A TIME PERIOD TO COMPLY.

ENFORCEMENT “C” LETTER – IF SEEN AGAIN, “C” LETTER IS SENT NOTIFYING THEM THAT IF THIS VIOLATION IS SEEN AGAIN, THIS MATTER WILL BE REVIEWED TO DETERMINE IF THE ACCOUNT IS SENT TO THE ASSOCIATION ATTORNEY TO FILE FOR AN INJUNCTION. IF THE ACCOUNT IS SENT TO THE ATTORNEY, THEY WILL BE RESPONSIBLE FOR LEGAL FEES. INITIAL FEES ARE $200 AND ARE NOT APPEALABLE.

ENFORCEMENT THERE ARE TWO TYPES OF VIOLATIONS: CONTINUING – UNLESS PHYSICALLY BROUGHT INTO COMPLIANCE, THE VIOLATION WILL CONTINUE TO EXIST FROM DAY-TO-DAY. EXAMPLES OF A CONTINUING VIOLATION INCLUDE: ROOF MILDEW, PAINT MAINTENANCE, 25% WEEDS IN LAWN INTERMITTENT – ONE THAT MAY CHANGE FROM DAY-TO-DAY. EXAMPLES INCLUDE: PARKING VIOLATIONS, PROHIBITED VEHICLES, RECREATION EQUIPMENT

ENFORCEMENT THE BOARD OF DIRECTORS HAS SET UP THE NUISANCE PROCEDURE TO DEAL WITH RESIDENTS THAT ARE A NUISANCE TO THE NEIGHBORHOOD. ALL NUISANCE COMPLAINTS ARE REVIEWED BY THE GENERAL MANAGER TO DETERMINE IF IT IS ACCEPTABLE. TWO TYPES OF NUISANCE COMPLAINTS:

ENFORCEMENT 1.SUBMIT A STATEMENT WITH THREE (3) SIGNATURES FROM THREE (3) SEPARATE LOT RESIDENTS INDICATING THAT A PARTICULAR BEHAVIOR IS A NUISANCE TO THE NEIGHBORHOOD. AFTER VERIFICATION OF ADDRESSES, WE WILL SEND A NUISANCE VIOLATION LETTER TO THE OFFENDING PARTY.

ENFORCEMENT EXAMPLES OF STATEMENT COMPLAINT: LOUD PARTIES, SPEEDING VEHICLES, PARKING ON THE STREET. 2.DATED PICTURE AND SWORN AFFIDAVIT MUST BE SUBMITTED TO HCCA FOR A NUISANCE COMPLAINT THAT A VIOLATION EXISTS, BUT MAY BE DIFFICULT FOR STAFF TO INSPECT. EXAMPLES OF AFFIDAVIT COMPLAINT: NOT PICKING UP AFTER A PET, DOG BARKING, PROHIBITED VEHICLES.

ENFORCEMENT ADDITIONALLY, WE ALSO SEND A BLIND COPY OF THE LETTER TO THE RESIDENTS THAT SIGNED THE COMPLAINT. IF AFTER 7 DAYS AND THE NUISANCE HAS NOT STOPPED, THE PROCESS MAY BE REPEATED TWO MORE TIMES. ON THE THIRD NUISANCE VIOLATION LETTER, IT WILL STATE THAT THE BOARD WILL REVIEW THIS MATTER FOR ATTORNEY ACTION AT THEIR NEXT MEETING. THE NUISANCE PROCEDURE WORKS AND CAN SOMETIMES BE QUICKER THAN THE COMMUNITY STANDARDS DEPARTMENT CAN INSPECT.

ENFORCEMENT SOMETIMES CODE ENFORCEMENT AND ANIMAL CONTROL CAN ALSO BE QUICKER. HOWEVER THE RESIDENT WILL NEED TO CONTACT THE AUTHORITIES TO FILE THE COMPLAINT SINCE THEY ARE THE ONES BEING AFFECTED. NEW LAW STATES THAT THE NAMES ARE NO LONGER ANONYMOUS AND IF REQUESTED IN WRITING, THE HOMEOWNER CAN SET-UP AN APPOINTMENT TO REVIEW THE FILES AND MAKE A COPY OF WHAT THEY WANT. THE CSD WILL DO WHAT THEY CAN TO PROTECT THE NAMES OTHERWISE.

ENFORCEMENT THE COMMUNITY STANDARDS DEPARTMENT WILL NOT SEND A VIOLATION LETTER IF WE DON’T THINK WE CAN FILE FOR INJUNCTIVE RELIEF AND WIN. TO DO SO, MAY BE CONSIDERED HARASSMENT. THE BOARD OF DIRECTORS DESIGNED THE ENFORCEMENT PROCESS TO BE SLOW SO THAT COMPLIANCE HAS A HIGHER PERCENTAGE OF BEING ACHIEVED. THE ATTORNEY LIKES DEFENDING HCCA BECAUSE OF OUR SLOW, DETAILED PROCESS.

ENFORCEMENT DURING THE MONTH OF APRIL, 2007, THE COMMUNITY STANDARDS DEPARTMENT: SENT 1,388 VIOLATION LETTERS: “A” LETTERS: 876 “B” LETTERS: 374 “C” LETTERS: 138

ENFORCEMENT CONDUCTED: 40 FULL INSPECTIONS 75 RECHECK INSPECTIONS 296 SPECIAL INSPECTIONS 36 PARKING INSPECTIONS 383 ARC INSPECTIONS

ARC ADMINISTRATION ARC ADMINISTRATOR REVIEWS ALL ARC APPLICATIONS FOR PROPER SUBMITTAL INFORMATION. ONCE AN APPLICATION IS RECEIVED AND CHECKED FOR PROPER INFORMATION (PLOT PLANS, PAINT SAMPLES, ROOF SAMPLES, DRAWINGS, PICTURES, SIGNED EXHIBITS, FEES, ETC..) THE INFORMATION IS PUT INTO A DATABASE FOR FUTURE REFERENCE.

ARC ADMINISTRATION SOME NEIGHBORHOODS HAVE A COMMITTEE ARC (NARC) TO REVIEW AND MAKE RECOMMENDATIONS ON ARC MATTERS. IF A NEIGHBORHOOD HAS A NARC, THE APPLICATION MUST BE REVIEWED AND SIGNED BY TWO NARC MEMBERS AND ALL DISAPPROVALS MUST STATE THE REASON WHY.

ARC ADMINISTRATION, CONT’D THE APPLICATIONS ARE THEN RETURNED TO HCCA AND ARE REVIEWED TO DETERMINE IF THEY WILL BE PLACED ON THE CONSENT OR NON-CONSENT AGENDA. AN AGENDA AND ALL PERTINENT INFORMATION IS PREPARED FOR THE ARC TO MAKE INFORMED DECISIONS.

ARC MEETINGS AND PROCEDURES THE HCCA ARC MEETS THE 2 ND AND 4 TH THURSDAY OF THE MONTH THE ARC CONSISTS OF 7 MEMBERS, ONE BOARD LIASON AND ONE STAFF LIAISON. IN ADDITION, WE HAVE A PAID CONSULTANT REVIEW ALL EXTENSIVE MODIFICATIONS AND NEW MODIFICATIONS BEING INTRODUCED INTO HUNTER’S CREEK.

ARC PROCEDURES AN INSPECTION OF THE PROPERTIES OR MODIFICATIONS IS SOMETIMES NEEDED BY THE ARC FOR THEM TO MAKE INFORMED DECISIONS. THE ARC REVIEWS ON AVERAGE 1500 ARC APPLICATIONS PER CALENDAR YEAR.

ARC PROCEDURES APPEAL PROCESS: IF AN APPLICATION IS DISAPPROVED, THE OWNER MAY REQUEST IN WRITING TO MEET WITH THE ARC, WITHIN THIRTY DAYS OF THE INITIAL DISAPPROVAL, TO REVIEW AND DISCUSS THE PLANS AND APPLICATION. IF THE ARC UPHOLDS THE DISAPPROVAL OF THE APPLICATION, THE OWNER MAY APPEAL THE DISAPPROVAL, IN WRITING, TO THE BOARD OF DIRECTORS. THE BOARD MUST RECEIVE THE WRITTEN REQUEST NOT MORE THAN THIRTY DAYS FOLLOWING THE FINAL DISAPPROVAL BY THE ARC.

ARC PROCEDURES FREQUENTLY, THE ARC WILL NEED TO APPROVE NEW GUIDELINES OR ADD/DELETE SECTIONS FROM EXISTING GUIDELINES. THE PROCESS OF DEVELOPING AND UPDATING EXISTING GUIDELINES, RULES AND USE RESTRICTIONS ARE AS FOLLOWS:

ARC PROCEDURES 1.THE PROPOSED CHANGE IS PRESENTED TO THE ARC FOR APPROVAL. 2.ONCE THE ARC APPROVES THE PROPOSED CHANGE, IT IS PRESENTED TO THE BOARD OF DIRECTORS FOR THEIR CONSENT. 3.ONCE THE BOARD APPROVES THE CHANGE, IT IS NOTICED IN THE MAGAZINE INFORMING THEM OF THE CHANGE AND WHEN IS WAS APPROVED AND WHEN IT WILL TAKE EFFECT. 4.THE CHANGE IS THEN UPDATED IN SECTION 8 OF THE GOVERNING DOCUMENTS (UPDATES) AND PUT ON THE WEBSITE. ANYONE REQUESTING A COPY OF THE UPDATE CAN PICK UP A COPY AT THE TOWN HALL.

ARC PROCEDURES THERE ARE SEVERAL NEIGHBORHOODS THAT HAVE STRICTER STANDARDS. A NEIGHBORHOOD CAN HAVE STRICTER STANDARDS UPON A VOTE OF 50% PLUS ONE, OF THEIR NEIGHBORHOOD OWNERS AND THEN THE APPROVAL OF THE ARC AND THE BOARD. SOME EXAMPLES OF STRICTER STANDARDS INCLUDE: PAINT STANDARDS, ROOF STANDARDS AND FENCING STANDARDS.

ARC INSPECTIONS EACH NEIGHBORHOOD IS INSPECTED EVERY 60 DAYS FOR APPROVED ARC MODIFICATIONS TO ENSURE THAT THE MODIFICATION WAS BUILT ACCORDING TO THE APPROVED PLANS. PHOTOS OF ALL PROPERTIES ARE ON FILE IN THE TOWN HALL FOR REFERENCE. AS A PROPERTY IS NEWLY PAINTED, PHOTOS ARE UPDATED. THIS PICTURE RECORD SERVES AS A VITAL RESOURCE IN ENFORCEMENT DOCUMENTATION.