BELMONT WOODS HOMEOWNERS ASSOCIATION
GENERAL RULES AND REGULATIONS
In order to maintain an orderly and pleasurable living environment within Belmont Woods, reasonable policies and regulations must be established and enforced. This Manual provides information regarding policies and regulation a determined by resolution of the Board of Director for the benefit of all property owners, residents and guests within the development. This manual will address
- Use of the common areas by Owners, Renters, Guests and other Occupants, and hereinafter referred to as "Occupants".
- The conduct of such persons in the common area.
- Guidance on such use, conduct or action which would adversely affect the area of the Development or its appearance or offend or endanger occupants or their guests.
The Rule and Regulation set forth in this Manual are enacted under the authority given the Board of Directors of Belmont Woods as set forth in Article VII, Section I of the Bylaws of Belmont Woods Homeowners' Association (known as Bylaw) dated September 20, 1993; Article XI, Section 3 of the Declaration of Covenants, Conditions and Restrictions for Belmont Woods Homeowners' Association (known as CC&R), dated: June 8, 1994.
A copy of these Rules and Regulations will be delivered to each present and future Occupant either personally or by mail. The owner of each home (and/or the owner's authorized agent) shall have the responsibility to inform renter’s occupants and guests of the provisions of these Rules and Regulations.
These Rule and Regulation will be binding to all Occupants and their guests, and will be enforceable to the same extent as if they were specifically set forth as provisions of the CC&Rs and Bylaw. Any homeowner and/or the Board of Directors may enforce such provisions by all appropriate legal proceedings, including but not limited to, by injunction, eviction (in the case of a renter(s)), abatement of nuisance, and damages.
These Rules and Regulations will be reviewed from time to time by the Board of Directors, and republished if any changes are deemed necessary. Any such change to these Rules and Regulations shall become effective upon being placed in the mail, postage prepaid, addressed to the last known address of each homeowner of the Association. Notice given to the owner of a home shall also be noticed to that home's residents, tenants and/or guests.
The following Rules and Regulations are a supplement to the Bylaws of Belmont Wood Homeowners' Association (Bylaws) and Declaration of Covenants, Conditions and Restrictions for Belmont Woods Homeowner' Association (CC&Rs) to be used by the Board of Directors and homeowners for specific actions and consequences for violations of the CC&Rs.
1.1 The creation of Rules and Regulations is an evolutionary process, which may require change as the Rules are applied.
1.2 Only the Board of Directors will make change(s) to this document.
1.3 Any change(s) to this document will be furnished in writing to all occupants immediately after its adoption.
2.0 REFERENCE DOCUMENTS
TABLE I -REFERENCE DOCUMENTS Document
Declaration of Covenant Conditions and Restrictions for Belmont Woods Homeowners' Association (CC&Rs)
Bylaws of Belmont Woods Homeowners ' Association
Washington State Code
City of Maple Valley Codes
King County Codes
3.0 FILING COMPLAINTS
3.1 Owners and/or residents who observe any violation of the CC&Rs should report the violation to the Management Company in writing to:
13036 SE Kent-Kangley RD #383
Kent, WA 98030-7965
3.2 Notification should detail the facts of the situation and the CC&R is being violated, Written complaints need to be accompanied with the address of the person reporting to verify membership in the Belmont Woods HOA.
4.0 HANDLING OF COMPLAINTS
4.1 MyHOA-online.com LLC will handle routine violation(s) notices. The association manager will then forward a copy of the complaint and any action they have taken to a Board member within 3 business days.
4.2 The Board of Director will investigate the claims made and render a decision and/or course of action at the next scheduled meeting of the Board.
4.3 In the case of an emergency or harmful situation, the Board of Directors will confer by telephone and render a decision and/or course of action.
4.4 If the Board finds the respondent to be in violation of the CC&Rs, a certified letter will be mailed detailing the violation, the applicable CC&R and course of action required remedying the situation.
5.0 VIOLATIONS FINES & DUE PROCESS
Fines and assessment for violations of these Rules will be levied in accordance with the following schedule. The BOD reserves the right to accelerate the compliance schedule in the event that violations could affect health or safety. The Board is looking to have an amicable resolution to all violations and uphold the following due process:
5.1 Notice of Concern (First notice) – The violator will be notified by USPS from MyHOA-online.com LLC describing the violation, the applicable CC&R and a course of action to be taken and will be given 14 days to bring the matter into compliance.
5.2 Second Notice - will result in a fine of $50.00 and 14 days to comply.
5.3 Third Notice - will result in a fine of $75.00 and 14 days to comply.
5.4 All warnings that are necessary after the third notice will be issued with a Continuing Violation Fine of $75.00 increase per Month. For each fourteen (14) day period during which the violation remains uncorrected the fine will be increased an additional $75.00.
5.5 If there is no resolution to the issue, the Board may at its own discretion seek legal counsel to obtain legal compliance; all charges associated will be the responsibility of the homeowner.
6.0 OPPORTUNITY TO BE HEARD
Any homeowner determined by the Board to be in violation of any of these Rules and Regulations may request a hearing to offer a defense to the imposition of fines. All hearing requests must be received by the Belmont Woods HOA no later than twenty (20) calendar days following the mailing of the homeowner notification of the violation. Failure to request a hearing within this time frame shall be deemed as the homeowner's waiver of this chapter of these Rules and Regulations.
Hearing Request Procedure
Following receipt of a complete written request by a violating homeowner, a hearing of the Board will convene at the next regularly scheduled Board meeting. In order to be complete, the homeowner's written request must contain the following information:
- Name, address, contact phone number/s of homeowner.
- Explanation of why the fine is unwarranted.
- Two (2) copies of all documentation to be presented by the appealing homeowner at the hearing.
- Names of attorney/witnesses violating homeowner intends to bring.
- Dated signature of homeowner.
Hearing requests need to be submitted through the management company:
13036 SE Kent-Kangley RD #383
Kent, WA 98030-7965
The appealing homeowner will have up to thirty minutes to explain why he/she should not be fined. At the conclusion of the presentation the Review Board will close the hearing and discuss the merits of the homeowner's appeal.
The Review Board will send written notice to the appealing homeowner within seven (7) calendar days stating the outcome of the hearing. If the Board finds in favor of the appealing homeowner, related fines will be remove from the homeowner's account. If the Review Board determines that the homeowner’s appeal was inadequate to justify removal or waiver of the fines, the fines will remain on the homeowner's account and where applicable, continue to accrue.
7.0 ANNUAL ASSESSMENT & COLLECTIONS
Pursuant to Article XI, Section 3(o) of the Declaration and RCW 64,38.020(2) and Article XI, Section 1 of the Bylaws, every Lot owner by acceptance of a deed or contract for such Lot, is hereby deemed to covenant and agree to membership in the Belmont Woods Homeowners Association, for the purpose of owning property and property rights as common areas for the benefit of all homeowners, and for the purpose of maintaining repairing, replacing or improving such property or any improvement placed thereon. The Collection Process consists of:
7.1 Pursuant to Article VIII, Section 8 of the Declaration there is hereby levied against any assessment account which is not paid in full as of the thirtieth (30th) day of the month interest at the rate of twelve percent (12%) per annum, which the Manager is authorized and directed to charge to and collect from any delinquent homeowner;
7.2 The Manager or Board is directed to send to any homeowner who is more than fifteen (15) days delinquent in the payment of regular or special assessments, or other charges authorized by the Association's Governing Documents (hereinafter referred to as "Assessments"), a statement (hereinafter referred to as the "First Notice") of the interest and a request for immediate payment;
7.3 The Manager or Board is directed to send to any homeowner who is more than thirty (30) days delinquent in the payment of Assessments, a statement (hereinafter referred to as the "Second Notice"), that, if the account is not paid in full within fifteen (15) days, a Notice of Claim of Lien will be recorded;
7.4 The Manager or the Association's attorney is directed to file a Notice of Claim of Lien against the delinquent unit as described in the letter to the homeowner and is further directed to send a copy thereof to the homeowner's lender if the homeowner's Assessments remain delinquent for fifteen (15) days after the date of the Second Notice;
7.5 The Manager is directed to send to any homeowner who is more than sixty (60) days delinquent in the payment of Assessments, a written notice (hereinafter referred to as the "Third Notice"), that if the account is not paid in full within ten (10) days it will be turned over to the Association's attorneys for collection and the homeowner will be liable for payment of the minimum charge imposed by the Association's attorneys to cover fees and costs charged to the Association. Notwithstanding anything herein to the contrary, with respect to any account that is more than ninety (90) days delinquent in the payment of Assessments at the time that the board adopts this resolution, the Manager shall send the delinquent owner a written notice (hereinafter referred to as the "Final Notice"), that if the account is not paid in full within ten (10) days, or a request for special consideration of hardship circumstances, including all reasons why the Board should consider the request, must be submitted in writing to the Board within that ten (10) day period, together with a request for a hearing, or in the alternative, a request that the determination be made by the Board based on the written request, then any such request shall have been deemed waived, and the account will be turned over to the Association's attorneys for the collection and in that event, the Owner will be liable for payment of the minimum charge imposed by the Association's attorneys to cover fees and costs charged to the Association;
7.6 The Board or Manager is directed to refer any account which remains delinquent for ten (10) days after the Third Notice or Final Notice to the Association's attorneys for collection.
For the full collection policy refer to the Resolution dated 9.1.2007.
8.0 EXTERIOR MAINTENANCE
8.1 Each lot and residence shall be maintained by the owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk containers, equipment, building materials, and other debris. (Art IX, Sec 1)
8.2 All landscaping areas, including landscaping and extending into the county right-of-way, shall be regularly maintained and trimmed to present a clean, neat and well-maintained appearance. (Art IX, Sec 1)
8.3 No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device shall not be prohibited. (Art IX, Sec 1)
8.4 All refuse shall be kept in sanitary containers concealed from the view of the street or any Lot; the containers shall regularly be emptied and the contents disposed of off the Properties. (Art IX, Sec 1)
8.5 Containers may be staged for pickup no earlier than 6:00pm on the day prior to scheduled pickup; containers must be re-stored no later than 10:00pm on the day of pickup.
8.6 Holiday Decorations shall be permitted to be installed no more than 45 day prior to the Holiday and must be removed no later than 30 days after the holiday.
8.7 Freestanding portable basketball hoops are required to be placed/stored on the owner’s property at all times. Consideration must be given for vehicles and pedestrians.
9.0 PARKING & VEHICLES
9.1 No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles, or other equipment or device shall be permitted in open view from any Lot or right-of-way. (Vehicles, boats, trailers, trucks, campers, and recreational vehicles shall be referred to as "Vehicles.") (Art IX, Sec 1)
9.2 Vehicles are temporary (no more than 24 hours) permitted on the designed driveway areas adjacent to the garage. (Art IX, Sec 1)
9.3 Vehicles parking (more than 24 hours) or storage of Vehicles on any Lot, is permitted provided the Vehicles shall be adequately screened from the view of adjacent rights-of-way and Lots. (Art IX, Sec 1)
9.4 Screening and storage of any such Vehicle must have the written approval of the Committee/ Board of Directors. (Art IX, Sec 1)
“Adequate Screening” is defined as:
Vehicles (boat, travel trailer, Class C RV’s, utility trailer, or other vehicle/trailer used for recreational purposes), backed into backyard (as described in Land Use directives), which can only be seen from gate view and the roof line cannot exceed 4 feet above a 6 foot fence. Gate view is further defined as: the gate the recreational vehicle enters/leaves the property not to exceed 12 feet in width. If covered it must be of neutral color and no tarps will be allowed.
9.5 Upon 48 hours’ notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than 24 hours. (Art IX, Sec 1)
10.0 LOT MAINTENANCE BY THE ASSOCIATION
10.1 In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Belmont Woods community, including maintenance of landscaping required in the adjacent right-of-way as set forth in Article XII, Section 12, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing of adequate notice by certified mail to the last known address of the Owner.
10.2 The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which may be enforced in the manner provided by law for enforcement of labor liens and material man's liens. (Art IX, Sec 3)
11.0 ANIMALS & PETS
11.1 No animals, except dogs, cats, caged birds, fish tanks, and other small household pets, will be permitted on Lots.
11.2 Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. Leashed animals are permitted within rights-of-way when accompanied by their Owners. Efforts shall be made by the person accompanying the animal to exercise "scooping" of animal waste.
11.3 If the investigation of the Board indicates that animals are kept in violation of this Section, the Board will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within ten (10) days. (Art XII, Sec 9)
Reference to the City of Maple Valley & King County Ordinances will be strictly enforced.
In the event an owner rents or leases his Property, a copy of the Declaration, as well as the Rules & Regulations that may be adopted by the Association, shall be made available by the Owners to the perspective renter at the time of commitment to the rental agreement.
There are many online resources available to ensure proper screening of potential applicants. It is the responsibility of homeowners to notify the Association when renting your lot. Off-site homeowners must provide up-to-date contact information, tenant information and a forwarding mailing address to the Association at all times. The homeowner shall remain responsible for compliance and any fines levied for non-compliance.
14.0 ARCHITECTURAL CONTROL COMMITTEE (ACC)
No exterior addition, structural alteration, or exterior structures of any kind, including painting, may be made until plans and specification showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the ACC committee. (application on page 11).
All plans, specifications and plot plans are to be submitted to the management company:
13036 SE Kent-Kangley RD #383
Kent, WA 98030-7965
ACC Approval is required prior to:
- Modifying, or in any way altering their respective areas, including, but not limited to: exterior of buildings/storage sheds, screens, doors, fences/retaining walls, gates, decks, roof, or any other portions of any home visible from outside the home.
- Prior to installation of any lights, TV/Dish antennas, radio antennas or other items in common areas.
- Any alteration of major landscaped areas.
- Installing accessory structures and outdoor storage.
- Modifying the exterior paint scheme or color scheme of home.
- Permanent storage of recreational vehicle.
Within fourteen (14) days after the receipt of a completed application, including all required information, and plans and specifications, the Committee shall approve or disapprove the proposed structure. In the event that no disapproval of such plans and specification is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. “Non-action” on the part of the Committee shall not exempt the application from any provisions or restrictions articulated within the Declaration. (Art XV, Sec 12)
Amended October 18th, 2020
Per CC&R Section 8. Signs:
“No signs, billboards, or other advertising structures or device shall be displayed to public view on any lot except (1) sign not to exceed five (5) square feet in area may be placed on a lot to offer the property for sale or for rent. Political yard signs, not more than (8) square feet in area, of a temporary nature, will be allowed during campaign periods on lots.”
The Association maintains the common maintenance areas for the benefit of all owners, which include all HOA properties and assets including but not limited to mailboxes and shelters. As such, to maintain the neighborhood aesthetic, no signs, except for those regarding HOA sanctioned events or lost people/pets, all other signs must be approved by the board prior to posting. Any unapproved signs will be considered litter. The person responsible may be fined, and signs will be disposed of at no cost or liability to the HOA. Approved signs must be removed within a month or immediately following the event, whichever comes first, including all tape or adhesive used to post them. Out of respect for the various political and personal beliefs and opinions of every member, political and or various signs supporting causes will not be approved. Signs posted on public property are under the jurisdiction of the local government.