What are the covenants?

The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By Laws are the governing documents of the Association. They are the legal and binding documents between the Association and each owner/member (you) by which all parties must abide. Our covenants assure our owners of certain minimum standards for land use, architectural design and property maintenance throughout the community. They also provide for membership in the Homes Association of Cedar Hills and establish a mechanism for the operation of the Association on a daily basis.

The covenants “run with the land” as part of the deed of ownership and are a contractual obligation between the owner and the Association, and every owner is obligated to abide by them. It is our hope and intent to help you in every way to obtain the fullest enjoyment of the private property and the commonly owned property consistent with your obligations to the other owners and the Association.

How does the permit process work?

All approvals will be based on the review of an application for exterior alterations, the restrictions, house policies and Washington County building codes. An application can be obtained from the association office or the association’s website. Construction of any exterior alteration cannot begin until the application has been submitted to and approved by the association. Owners who proceed to construct exterior alterations prior to receipt of written approval by the association do at their own risk.

When constructing or installing improvements requiring a building permit such as but not limited to, decks, fences, play structure, sheds, pools etc., owners must enclose a copy of the jurisdictional building permit (if applicable), as well as detailed drawings and specifications of the alteration. An application submitted without a complete description, full dimensions, specifications, and drawings, may not be accepted and may be returned for completion.

Owners have the sole responsibility for compliance with Washington County codes and regulations and it is the owner’s responsibility to apply for and obtain all permits required by the County. Nonetheless an application to the association is required for all improvements.

Owners are reminded that construction or improvements in the easement areas is expressly prohibited. Construction in easement areas is at the owner’s sole risk and the association assumes no liability. For example, despite “approval”, if the owner’s improvement disrupts drainage, the owner can be required to remove the improvement and the association bears no responsibility for removal of the improvement.

We commit to review all applications promptly and provide you with the feedback needed to move forward with your project within thirty days of the date of receipt of the application.

There can be no substantial deviation from the plans and specifications approved by the association without prior written consent of the association. If the alterations are found to not meet the express approval, the owner is solely responsible to bring the alteration into compliance.

How do I determine my property lines?

If you are unable to locate the boundary markers, then you may want to consider contacting a surveying company. It is the owner’s responsibility to insure that the property installations of all exterior alternations on your lot are within the property line boundaries.

What about items not covered in this document?

Any exterior alteration to the actual dwelling or within the property boundary lines that is not addressed in this document would require a completed application to be submitted. This application must be reviewed and approval granted prior to beginning of the construction or alteration.

Are routine inspections done in the community?

The Association, Board of Directors and their designee, make periodic inspections of the properties in the community. These inspections are required to maintain the architectural integrity of the entire community, and in turn preserving and protecting the value of your home.

If there is a violation at a property, a notice will be mailed to the owner. Compliance should be made within the time frame noted in the letter. If you have a legitimate reason for not being able to comply with notice of violation within the specified time frame, you must advise the Board of Directors in writing within the time frame given. The Board of Directors will review your request and will reply within 30 days. If you do not respond within the specified time frame, it will be assumed that you agree with the violation and will take corrective action. Please note that the failure to respond or the failure to correct the violation may result in a fine or other sanction. Any legal expenses incurred as a result of enforcing the CC& R’s or policies is the responsibility of the owner.

What will happen if I incur a fine?

Prior to you being fined you will be given notice before the fines are levied and an opportunity to address the Board of Directors and discuss why you shouldn’t be fined. After the meeting, you will be notified of the Board’s decision, the Board’s decision is final. If you do not attend the meeting, it will be assumed that you agree with the alleged violation and you may be fined accordingly.

What is a waiver clause?

For a variety of reasons, there may be some alterations in existence which do not conform and are not in compliance with the policies but which were applied for an approved (perhaps by a prior Board). However, the policies may have changed, and that improvement would be no longer approved. In these cases, the Board of Directors reserves the right to grant a temporary waiver for the improvement. This waiver shall last no longer that the current life of the improvement or upon sale and shall not extend to replacement of the improvement. This waiver does not include exterior alterations/improvements not approved through the permit application process.

The granting of a waiver in one case shall in no way constitute a waiver in any other case.

What about requests for accommodations?

If an owner requires a reasonable accommodation to the policies or the restrictions or a modification to the owner’s property to accommodate a disability, the owner is requested to make a detailed application to the Board of Directors so that the request may be properly evaluated and the disability may be properly accommodated.

What are easements?

Easements are permissive rights over the property of the owner for the benefit of another entity such as the Association, the County or a Utility company.

All homes in our community have an Association easement on the sides and rear which is 5 ft. Some homes in our community also have drainage easements. No structures should be installed in these easements. If the owner does so, they could be removed at the owner’s expense. Additionally, the easement shall not be altered such that the natural or man- made drainage is affected

What are setbacks?

Houses tend to be a certain distance from the street or sidewalk this spacing is called a setback and is the required distance that a building must be located away from the streets.  The size of the setbacks on the zoning of the property.  All homes in our community have an Association setback along with Washington County Right of Way. No structures should be installed in these areas. If the owner does so, they could be removed at the owner’s expense. Additionally, the easement shall not be altered such that the natural or man- made drainage is affected

Are decks & gazebos allowed?

1. Approval: Written approval from the Association is required for decks and gazebos.

2. Material: Decks & Gazebos may be constructed of pressure treated lumber, redwood, cedar, or composite with written approval.

3. Finish: If constructed of wood a clear finish may be applied or a stain containing color pigment or paint can be used with written approved.

4. Railing: Decks 30” or more off the ground must have railings no lower than three feet 3’. Style may vary with written approval

5. Placement: A completed application including scale drawings of size, shape and placement is required before consideration.

6. Condition: All decks & gazebos must be maintained in good sound structural condition at all times. No grey weathering of wood or peeling paint is allowed.

Are side & rear fences allowed?

1. Approval: Written approval from the Association is required for all fences.

2. Style: Fencing styles may be “good neighbor, which is preferred, solid or a comparable fence style if placement is on the side or rear of property. Any fencing other than described is subject to review and written approval.

3. Finish: Clear finish may be applied or a stain containing color pigment or paint can be used with written approval.

4. Placement: Fences may not extend forward of the front foundation wall.

5. Construction: All vertical and horizontal fence boards must be straight, level and plumb.

6. Height: The maximum allowable height is six feet (6’) including topper.

7. Gates: Gates are allowable subject to written approval of style and dimensions. All gates must match the fence in materials, height and finish.

8. Condition: All fences must be maintained in a good sound structural condition at all times. No grey weathering of wood or peeling paint is allowed.

Are front fences allowed?

1. Approval: Written approval from the Association is required for all fences.

2. Style: Fencing styles may be split rail or picket or an alternate style with written approval. The style must contain at least 50% open space.

3. Finish: Clear finish may be applied or a stain containing color pigment or paint can be used with written approval.

4. Placement: Fences must be placed on owner’s property and may not extend forward into the County Right of Way.

5. Construction: All vertical and horizontal fence boards must be straight, level and plumb.

6. Height: The maximum allowable height is three feet (3’) or less measured from ground grade.

7. Gates: Gates are allowable subject to written approval of style and dimensions. All gates must match the fence in materials, height and finish.

8. Condition: All fences must be maintained in a slightly and structural sound condition at all times. No grey weathering of wood or peeling paint is allowed.

Can I have an accessory building?

1. Approval:

All accessory buildings require written approval from the Association. Accessory buildings may be either custom built or pre-fabricated and cannot exceed 200 square feet in total. Buildings 8x10x8 or less may be reviewed and approved by the Permit Chairman, all larger & taller sizes must be reviewed and approved by the entire Board of Directors.

1. Material:

   1. Buildings up to 100 sq. feet and 8 feet in height or lower must match the house in color.

   2. Buildings over 100 sq feet and higher than 8 feet must match the house in material, roofing and color.

   3. Buildings 120 sq feet and lower maybe constructed and installed on concrete slab or pier block and gravel. Must match the house in material, roofing and color.

   4. Buildings over 120 sq. feet must be constructed and installed on a permanent foundation, meet the 15ft. rear setback, match the house in material, roofing and color.

2. Placement:

   1. Buildings may be placed in rear yards outside the Association’s five feet (5’) easement. If the building is on a full foundation then it must be placed outside Washington County’s rear setback of 15 feet.

3. Size:

   1. Buildings 8x10x8 may be proposed to be constructed of wood or of a pre fabricated material and choice of any harmonious color.

   2. Buildings larger than 8x10 and higher than 8feet must match the house in material and color, including roofing.

   3. Buildings larger than 120sq. ft. must meet the building standards of a garage which include a foundation, 15ft from the rear property line, 5 feet from the side property lines, must match the house in material, roofing and color.

4. Maintenance:

   1. Accessory buildings must be maintained in a neat, sightly and sound structural condition at all times. Grey weathering of wood or peeling paint is not allowed.

Play Structures

1. Approval:

   1. Play structures constructed out of your choice of material may be added with written approval. All surrounding neighbors must sign off on the permit application. Approval will be subject to the nuisance restriction which may require modifications for sound and/or visual appearance if a nuisance is occurring to the surrounding neighbors. Applications for a play structure must be reviewed at a regular monthly board meeting.
      

2. Placement:

   1. Play structures must be placed at the rear of the property. Exceptions to this placement due to topography and grade restriction must be submitted for approval prior to installation. Placement must be outside of the side and rear Association easement of five feet (5).

3. Size:

   1. The maximum height for any play structure constructed is 13 feet from grade.
      

4. Maintenance:

   1. Play structures must be maintained so that no deterioration is noticeable. Play structures not maintained as required must be removed within 30 days after owner has been notified in writing.

Recreational Equipment

1. Basketball hoops:

   1. Permanent basketball hoops may be added with written permission and only allowed outside of the County Right of Way.

   2. Portable basketball hoops are allowed and must be pulled away from the street after play.

Mailboxes

1. Approval:

   1. Mailboxes are to be consistent with the surrounding neighborhood, (no curb box where house boxes are). With written approval decorative mailboxes may be proposed out of brick, stone or wood.

Pools/Ponds

Construction of a pool or pond is at the owner’s sole risk. The association assumes no liability for the safety of any pool or pond thru the approval of a permit application or otherwise. The use and maintenance of any pool or pond is at the owner’s /users sole risk.

1. Above ground pools:

   1. Pools constructed with metal/plastic frames are allowed with written approval subject with the nuisance restriction.

   2. Pools also require a fence to be built (if not existing) as a consequence of building a pool.

2. In ground pools:

   1. In ground pools require written approval from both the Association and Washington County.

   2. Pools also require a fence to be built (if not existing) as a consequence of building a pool.

3. Ponds:

   1. Ponds installed for aquatic life may be permitted with written approval. Upon approval a fence shall be required to be installed. No pond shall extend forward of a rear foundation.

Home Exterior

1. Siding:

   1. Any proposed siding must be harmonious with the surrounding neighborhood. Requires written approval from the Association.

2. Roofs:

   1. Any proposed roofing must be harmonious with the surrounding neighborhood. Requires written approval from the Association if replacing with a different type of product and/or color.  If replacing exact like for like, no permit it necessary, just a phone call to the office 503-292-1259 or email: office@cedarhillshoa.org with the information.
      

3. Color Scheme:

   1. All color schemes require written approval from the Association. Body paint must have a “flat” finish, trim, accent and door can have a semi-gloss finish.  If the property already has an approved permit on file for the current color scheme, then an additional permit for re-painting exact like for like is not necessary.  If the property does not have an approved permit on file for the current color scheme, then the Association askes for a permit application as a starting point for re-painting .
      

4. Skylights & Solar Panels:

   1. All proposed skylights & solar panel require written approval from the Association.

5. Maintenance:

   1. All components of the home’s exterior must be maintained in a neat, slightly and sound structural condition at all times.

Satellite Dish

1. Satellite dishes are allowed. The preferred installed location is to the rear of the property, not mounted on the roof. The preferred location is to be in the most inconspicuous location at the property while not interviewing with the signal strength.

Compost

1. Composts containers are allowed but must not be visible from the street.

Patios

1. Patios are allowed with written approval from the Association.

Dog Runs

1. Are allowed with written approval from the Association.

Car Covers

1. Are allowed as long as they are fitted and a muted color.

2. An acceptable car cover cannot cover a violation of the restrictions, (like expired tags, commercial vehicle etc).

3. A blue tarp or tarp of any color is consider unattractive and cannot be visible from the street.

Landscape

1. All yards will have acceptable landscape at all times and maintained in a neat and attractive condition.

2. Any major change in landscape/hardscape must be approved in writing prior to making the alteration.

Garden Boxes

1. Are allowed with written approval from the Association.

Tree Removal

1. Trees can be removed from both front and back yards without association approval.

2. Trees within the parking strip (Street Trees) (where applicable) must have written permission from the Association to be removed and must also be replaced by an approved tree.

3. Tree stumps must be either completely removed or cut low to ground level and have appropriate landscape placed over the area that was affected.

Commons Areas

1. There are several landscape areas owned and maintained by the Association. There shall be no unauthorized plantings or construction by any owner upon these areas without written permission from the Association or the Board of Directors.

2. No dumping of trash or debris is allowed on commons areas.

3. No recreational equipment (basketball hoop) is allowed on commons areas

Temporary or Portable Structures

1. No structure of a temporary character shall be constructed or maintained on any lot at any time.

2. Temporary portable on demand storage (PODs) may be allowed for up to 14 days and will be subject to a friendly reminder.

3. Dumpsters are allowed for short term.

4. Permanent accessory buildings are allowed with written approval by the Association.

Window Coverings

1. Bed sheets, plastic coverings, newspaper, flags and other similar window coverings are not considered neat and attractive.

Short Term Courtesy

1. A short term courtesy is allowed for occupants who request either in writing, verbal or by message up to 24hours to load and unload prohibited items such as utility trailers, travel trailers, rv’s etc. The courtesy maybe be revoked at any time if it becomes habitual.