Neighborhood | Policies Regarding Certain CCRs
 

                  WHEREAS, the Covenants, Conditions and Restrictions for the GlenOaks Subdivision strictly prohibit certain acts and uses of land under any circumstances;

                  WHEREAS, other provisions within these Covenants, Conditions and Restrictions grant discretionary authority to permit or deny certain other uses of land to the Board of Directors of the GlenOaks Homeowners' Association (the "Board”);

                  WHEREAS, the Board has annual elections and its composition therefore changes from year to year;

                  WHEREAS, the Board, as a continuing unit, desires to be practical, and as consistent as possible throughout the years, with respect to its application of its discretionary authority, and to exercise its authority within the parameters set forth by the aforementioned restrictive covenants;

                  WHEREAS, the Board also desires to provide guidance to lot owner members to encourage voluntary compliance with the Covenants, Conditions and Restrictions;

                  NOW, THEREFORE, the Board adopts the specific policies set forth below with respect to the application of its discretionary authority:

Annual Assessments

                  Annual Assessments are authorized by each Declaration of Covenants, Conditions and Restrictions. All lot owner members are put on notice of the annual assessment by virtue of the Declarations being filed in the public records. Payments of assessed amounts are due on February 1st of each year. Prior to February 1st, the Board will mail lot owner members an invoice as a courtesy reminder of the annual assessment. However, the obligation to pay the assessment rests with the lot owner member, regardless of whether or not the courtesy reminder is actually received by the lot owner member.

                  All payments should be made payable to and mailed to GlenOaks Homeowners Association Inc., P.O. Box 343, Prospect, Kentucky 40059.

Annual Assessment payments postmarked after February 1st are deemed past due and are subject to penalties, Non-payment can result in:

  1. A late fee being assessed.  
  2. Interest at the rate of twelve percent (12%) per annum.
  3. A lien being filed on the property which will result in a lien charge by the County Clerk and additional homeowners association (HOA) fees being assessed. The lien shall be continuing against the property, subordinate to the lien of any prior in time filed mortgage or other valid encumbrance.
  4. A suspension of voting privileges, participation in HOA activities, meetings, and delivery of association mailings.
  5. The Board may also proceed with enforcing the obligation in any manner it deems appropriate, including but not limited to filing a complaint in small claims court, district court or enforcing the lien by instituting an action in foreclosure.

Boats/Construction Equipment
                  The restrictive covenants prohibit boats and many other types of vehicles from being parked on any lot at any time unless housed in a garage or basement. The Board has determined that the drafters of the restrictive covenants intended for such prohibition to apply to any and all types of watercraft and construction equipment. Portable storage units (sometimes referred to as “PODS”) are allowed when used for moving, remodeling, or home emergencies, with documentation.   

Fences

                  Lot owner members are encouraged to consider alternatives to fences, such as underground (invisible) fences. Fences shall in particular be discouraged along the golf course. The foregoing notwithstanding, the Board shall approve the erection of those fences satisfying the criteria set forth herein below. 

                  All plans for erecting a fence shall be submitted in the form of a Construction Request to the Board at least forty five (45) calendar days prior to the projected installation date. The Board must approve all Construction Requests prior to installation. All fences, including swimming pool enclosures, must be constructed of wrought iron or ornamental maintenance free aluminum wrought iron replica.  All fences must: 1) be black in color; 2) of residential grade; 3) be forty-eight inches (48") in height and 4) utilize a three (3) rail no climb rail system.  No fence shall be erected along the property lines, as more than an inconsequential portion of the rear yard must remain unfenced. No fences whatsoever shall be permitted in the front or side yards or near the street to the rear of the structure.

                  Underground fences do not require a submission of a Construction Request, it is suggested that  underground fences  1) be placed six (6) feet from the curb where no sidewalks are present; and 2) six (6) feet from the edge of the sidewalk closest to the house.  No fence shall be erected along the property lines, as more than an inconsequential portion of the yard must remain unfenced.

                  It is acknowledged that the restrictive covenants grant authority to the board to, within its discretion, also authorize the erection of wooden fences, and that prior to the adoption of these policies the Board had permitted wooden fences to be erected under certain conditions.  Unfortunately, many wooden fences are not being properly maintained and have increasingly become eyesores, thereby detracting from the natural beauty of our community.  Therefore, from the original date of the enactment of this policy forward, the erection of all wooden fences is strictly prohibited.  All wooden fences, which have heretofore been approved by the Board, shall be grandfathered and need not be disassembled.  No wooden fence, once dismantled, may be replaced by another wooden fence.

 

Recreational Structures

                  Non permanent structures such as small playhouses, swing sets, jungle gyms, basketball goals, trampolines, free standing fire pits or the like, shall be permitted, provided all such structures are in the rear lot only and used for their intended purpose. No recreational structures of any sort shall be permitted in the front or side yards, side yards for these purposes being defined as no closer to the street than the rear corner of the residence.

Microwave Dishes

                  Microwave dishes (currently known as satellite dishes) being no larger than two feet in diameter shall be permitted, without Board approval. All other dishes are prohibited.

Setbacks

                  The restrictive covenants provide for minimum setbacks from the front lot line or side street, with no reference to a maximum setback. For uniformity, setbacks shall be encouraged to be as close to the minimum setback as possible, consistent with the setbacks of neighboring buildings. All garages must be physically connected to the main structure sharing a common wall. Detached garages are not allowed.

Signs

            The restrictive covenants prohibit the erection of any sign other than one standard size "For Sale” sign. It is also recognized that by tradition

the Board has eased enforcement of the sign prohibition in certain limited instances. The Board shall continue this policy of limited non-enforcement consistent with past practices.  "Open House” and corresponding “Directional” signs are allowed on the day of said open house, provided the person/s erecting the sign removes their sign no later than 6:00 p.m. on the day of the open house. “Informational signs” and related informational boxes pertaining to for sale homes are allowed in addition to “For Sale” signs, provided the Informational Sign is in close proximity to the For Sale sign.  

                  The Board has also by custom permitted other items, which has been determined do not fall within the intended prohibition against “signs”. Those are: “Underground Fence” signs provided by the vendor and Security System” warning signs provided by the vendor.

                  “Yard Sale”, “Estate Sale” and “Lost/Found Pet” signs complying with the requirements set forth hereafter are permitted. “Yard Sale” and “Estate Sale” signs-may be erected one (1) day prior to the sale and removed no later than 6:00 pm the final day of the sale, and “Lost/Found Pet” signs may be erected for one (1) week only. In lieu of erecting signs for lost/found pets, residents are encouraged to use the GlenOaks Neighborhood Watch (GONW) E-mail Alert System or the GlenOaks Face Book page. NOTE: “Underground Fence”, “Yard Sale”, “Estate Sale” and “Lost/Found Pet” signs are to be free standing. Attachment to a light posts, street signs, or trees is prohibited.

                  Signs found to be in violation or prohibited will be removed without notice.

Swimming Pools

                  No aboveground swimming pools will be permitted under any circumstances.

Trees

                  The restrictive covenants require each lot owner member to plant two (2) three (3) inch caliper (diameter) trees in the lot owner member’s front yard. The “front yard” for these purposes is the area within the perimeter of the property lines and between the facade of the residence and the 15' utility right of way (the line beginning at the edge of the curb, running parallel with the street and extending 15’ back into the yard). One tree planted in the foundation planting area may count towards the two-tree requirement.  A tree planted between the sidewalk and curb (the roadway canopy) does not count towards the tree-planting requirement. The type of tree to be planted is to be determined solely by the lot owner member.  The Board suggests, however, but are not limited to the tree types listed by the Louisville Metro Planning and Zoning Commission list of preferred large and small trees be considered. A list of the approved trees at the time this policy was adopted is attached as Exhibit”1” The current web site is: loukymetro.org//department//plandesign//pdf//ldcrevisions/ldcchapter//chap10.pdf.

Amendment

                  These policies are meant to be of a continuing nature, and may only be amended by the unanimous vote of the Board following publication in the GlenOaks newsletter, providing notice on the GlenOaks website, or other satisfactory notice, with opportunity for all homeowners to comment, such notice being provided at least 10 days prior to adoption by the Board of the proposed amendment.

 

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Lisa Bonick, Secretary, GOHOA, Inc.

Approved this the 29th day of February, 2012
____________________________________
Lisa Bonick, Secretary, GOHOA, Inc.