Arbor Creek Homeowners’ Association CCR’s Fine Schedule*

Why fines?
In 2007, an individual bought a house in Arbor Creek for the sole purpose of renting it to any individual or family willing to pay the rent. The covenants state that ACHA homes can only be owner occupied. The only way to enforce this covenant was to take this individual to court. In subsequent years, the ACHA Boards undertook a revision of the covenants so that the Association can assess fines to those individuals not willing to abide by the covenants agreed upon when the home was purchased.

How are covenant violations handled? The ACHA Board is notified of potential covenant violations by individual homeowners. The Board does not actively seek out violations, but are obligated to report non-compliance, if a Board member is made aware of such violation. Once a complaint has been filed, the Board will inform the homeowner of the complaint by letter. Homeowner’s who are fined will have the right to request an appeal of their fine and appear at the next regularly scheduled Board meeting, within 30 days

Why develop a fee schedule? The Board wishes to be objective in determining fines for violations and to be consistent between homeowners for full transparency.

What if I just did not know it was a violation? All homeowners at time of home purchase should have been provided with a copy of the ACHA Conditions, Covenants and Restrictions (CCR). The CCR’s are readily available on our website. The ACHA Board also periodically mails to every homeowner a paper copy for their reference. The goal of this is not to collect money. The goal is to gain full support to the CCR’s without having to sue our neighbors. The overwhelming majority of AC homeowners typically comply with the CCR’s and these changes will have no negative effect on them, assuming they continue to comply. Again, the goal of fines is to gain 100% cooperation with all the CCR’s.

Below are important covenants and violations to be aware of. The full list of covenants can be found on our website link above

RENTING A HOME Owner shall mean the record owner (whether one or more persons or entities), of a fee or undivided fee interest or having an interest in real estate as a contract purchaser of any lot or living unit, situated upon the properties but shall not include any such person or entity who holds such interest merely as a security for performance of an obligation. Renting out your home is expressly prohibited. • Such matters will result in the ACHA pursuing legal recourse with a minimum monthly fine of $3500, until matter resolved.

LOT APPEARANCE No owner shall accumulate or allow on his lot junked vehicles, litter, refuse or unsightly materials. Natural growth shall be kept trim and neat. Garbage shall be placed in receptacles provided therefore, and if outside, shall be properly screened. Lawns should be regularly maintained. Flower beds should be relatively weed-free. Garbage cans are to be removed promptly before end of day and put out of sight in garage or screened properly. Garbage receptacles only: • $50 per week after initial complaint discussed with homeowner.
Revised: 8/3/2020
All other Lot Appearance violations:
• $100 per week after initial complain discussed with homeowner.

RV, TRAILERS, BOATS, ETC IN DRIVEWAY
No trailer, tent or garage shall be used at any time for a dwelling either temporary or permanently. Any and allmobile homes, mobile or stationary trailers, trucks, boats or snowmobiles must be kept within a garage.Temporary parking for a period of 12 hours in allowed for cleaning, maintenance, etc. • Recreational Vehicle (RV), Boat, Trailer, ETC
 $300 first week, fine will double weekly until the vehicle, boat, trailer, etc. is removed.

DESIGN REVIEW COMMITTEE (Architecture and Landscape Review Committee)
No building, fence, wall, pool, tennis court, driveway access, or any other principal or accessory
structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition
to or change or alteration be made showing the nature, kind, shape, elevations, heights, materials, color,
location, grade, proposed landscaping, and site clearing or preparation have been submitted to and
approved in writing by the Design Review Committee.
Projects which DO NOT need approval: new/replacement roofs, painting exterior house, doors or
windows and installation of replacement windows or doors.
• Project designs not submitted prior to starting Project:
o $200 initial fine, fine doubles per month, until plans are approved.

SWIMMING POOLS
Swimming pools above ground level are expressly prohibited. Kiddie-pools which are 12-inches in height,
do not have a filter and can be emptied every night are not considered a violation.
• $250 first week, fine will double weekly until removed.

MOTORIZED VEHICLES ON COMMON PROPERTY
No motorized vehicles, ATVs, motorcycles, go-carts, golf-carts. Motorized scooters (except for vehicles
designed for and used by handicapped persons) shall be allowed on the bike paths and common
property.
• $50 per occurrence, fine will double for each subsequent occurrence.

FIRES
No open fires shall be permitted on a lot other than barbecue pits or grills or fire pits, no open fires should
be on the lot. There shall be no burning of refuse, garbage landscape materials, leaves or building
materials by an owner on anywhere on their lot.
• $100 per occurrence, fine doubles for each subsequent occurrence.

SURFACE DRAINAGE WAYS AND SUBSURFACE DRAINAGE SYSTEMS
Subsurface drainage system is designed to accommodate discharge of storm water from individual sump
pump systems, other approved subsurface drainage lines… No owner shall cause an accumulation of
water due to discharge from individual sump pump systems on their property or their neighbor’s property
or common property. Sump pump systems should be tied to the subsurface drainage system or
discharged in such a way that the water does not accumulate.
Sump pump discharging on homeowner’s lawn causing accumulation of water.
• Note: the homeowner needs to make a good faith effort to start the project and complete it in a
timely fashion. If not,
Revised: 8/3/2020
• $100 initially, then $50 per month until work is completed.

MISC VIOLATIONS
Any other CCR’s violations, not listed here, are still subject to review and fines to be determined by the
Board at time of occurrence.

 

* updated 3 August 2020