WHEREAS, the Covenants, Conditions and Restrictions (CCR’s) 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, Inc. (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 (CCR’s). 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, a reminder in the form of an invoice shall be mailed to the lot owner members of record. However, the obligation to satisfy the assessment rests with the lot owner member, regardless of whether or not the reminder is actually.
Payments should be made payable by personal check, bank check or money order and mailed to GlenOaks Homeowners Association Inc., P.O. Box 343, Prospect, Kentucky 40059 only.
Annual Assessment payments postmarked after February 1st that are deemed late are subject to penalties, Penalties may include the following:
- A late fee being assessed.
- Interest charged at the highest rate allowed by law
- 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.
- A suspension of voting privileges, participation in HOA activities, meetings, and delivery of association mailings.
- 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 CCR’s prohibit boats and 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 trailers, watercraft and construction equipment. Portable storage units (sometimes referred to as “PODS”) are allowed with the proper documentation for up to 30 days when used for moving, remodeling, or home emergencies.
Fences
Lot owner members are encouraged to consider alternatives to fences, such as underground (invisible) fences or bark collars. Fences shall in particular be discouraged along the golf course and creeks. 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. It is recommended the local government unit be contacted regarding the location of any fence and related signage if required. Local Ordinances’ may apply.
It is acknowledged that CCR’s 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 need not be disassembled. But, once disassembled, shall not 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. Side yards being defined 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/Garages
The restrictive covenants provide for minimum setbacks from the front and rear 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, also by tradition, has permitted other types of signs, which have been determined do not fall within the intended prohibition against “signs”. Those are: “Underground Fence” and/or “Security System” warning signs provided by the vendor and are to be free standing.
“Yard Sale”, “Estate Sale” and “Lost/Found Pet” signs complying with the requirements set forth hereafter are permitted. These 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. “Yard Sale” and “Estate Sale” signs-may be erected one four (4) days 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.
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. Due to the cost prohibitive nature of 3” caliper trees, two (2) two (2”) inch caliper (diameter) trees will fulfill the current requirement. 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. Lot owners are not limited to two trees. The lot owner member shall chose from a master list of approved trees at the time of this policy was adopted. It can be found at the current website: https://louisvilleky.gov/government/division-community-forestry/permitted-and-prohibited-trees
A tree planted between the sidewalk and curb (the roadway canopy) does not count towards the tree-planting requirement. It is recommended the governmental unit be contacted prior to the removal or installation of trees in this area. Local ordinances may apply.
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.
Current Policies Regarding Deed Restrictions & Lot Covenants--amended 01/1718 |
