BELMONT WOODS HOMEOWNERS ASSOCIATION
GENERAL RULES AND REGULATIONS
Updated February 20, 2024
INTRODUCTION
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 update replaces all prior versions and is effective 30 days after it is mailed to owners. 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 Bylaws) 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 renters, 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 Bylaws. 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 30 days from the mailing, postage prepaid, addressed to the last known address of each homeowner of the Association.
1.0 SCOPE
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 changes to this document.
1.3 Any change(s) to this document will be furnished in writing to all owners immediately after its adoption. It is up to each owner to inform any other tenants, residents, or occupants as applicable.
2.0 REFERENCE DOCUMENTS
TABLE I - REFERENCE DOCUMENTS Document
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Reference Number
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Declaration of Covenant Conditions and Restrictions for Belmont Woods Homeowners' Association (CC&Rs)
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W9306 I76-4 |
Bylaws of Belmont Woods Homeowners ' Association
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Washington State Code
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City of Maple Valley Codes
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King County Codes
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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:
MyHOA-online.com LLC
PO Box 9797
Covington, WA 98042-0077
Alternatively, open a new online issue at: www.BelmontWoods.org. The names of reporting parties are only known to Board Members or Officers, Management or if compelled by the courts, do not report in a way that removes your anonymity.
3.2 Notification should detail the facts of the situation and the CC&R being violated. Written complaints submitted by other owners or occupants need to be accompanied by 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. Once an owner or board member opens an online issue to report the alleged violation, and management verifies its existence via photo evidence, the association manager will notify the homeowner of the violation.
4.2 If management is unable to determine that a violation exists, a Board Member will investigate the claims made and provide management with photo evidence of its existence to validate the violation.
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 cases where 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 warn of a fine and provide 14 days to comply.
5.3 Third Notice - Will result in a fine of $50.00 and 14 days to comply.
5.4 Fourth Notice will result in a fine of $100.00 and 14 days to comply.
5.5 All warnings that are necessary after the Fourth notice will be issued with a Continuing Violation Fine of $200.00 per Month.
5.6 Monthly fines will continue until the issue is resolved. If issues are resolved and recur within one year from the last violation, the issue will be reopened and pick up again where it left off rather than starting a new issue.
5.7 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.
5.8 Issues that are intermittent, such as but not limited to noise or nuisance violations are not subject to 14 days between notices to cure and may be assessed the next fine or sent the next letter with each occurrence. Recurrences within 1 year of the last occurrence pick up in the fine schedule where they left off.
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 initial 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. 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 in the same manner as violations are reported (details above):
MyHOA-online.com LLC
PO Box 9797
Covington, WA 98042-0077
Alternatively, hearings can be requested in the board and owner communication area in the online issue that outlines the violation at: www.BelmontWoods.org. While a requested hearing is pending, there will be a hold on late fees or interest on fines pending review.
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 removed 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. While a requested hearing is pending, there will be a hold on late fees or interest on fines pending review.
7.0 ANNUAL ASSESSMENT & COLLECTIONS
This section was replaced by updated collection policy effective Sept. 1, 2023
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 days 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 and not in the right of way; consideration must be given for vehicles and pedestrians.
9.0 PARKING & VEHICLES
9.1 No storage of goods, personal use or business use vehicles, semi cabs or trailer, 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)
9.1.5 Temporary storage of up to 2 weeks per year of dumpsters, hauling trailers, PODs or similar storage facility containers is allowed during move-in, move-out or home or lot remodels or similar circumstances if preapproved by the ACC.
9.2 Vehicles parked outside are intended for daily use, they are permitted temporarily (no more than 24 hours) 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 other than on the designated driveway, 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 (including but not limited to boat, travel trailer, Class C RV, 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)
9.6 All City, County and State parking laws apply in addition to these rules and regulations and violations may result in reporting to the authorities in addition to potential violation letters and fines.
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. The person accompanying the animal is required to remove any resulting animal waste.
11.3 If the investigation of management or 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 a violation must be remedied by the Owner within ten (10) days. (Art XII, Sec 9). The City of Maple Valley & King County Ordinances will be strictly enforced.
12.0 RENTAL/LEASES
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 provided by the Owners to the perspective renter at the time of commitment to the rental agreement. Governing documents are available without login at
www.BelmontWoods.org.
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 their lot. Off-site homeowners must provide up-to-date contact information, tenant information and a forwarding mailing address to the Association within 10 days of tenancy. 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 specifications 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. Online applications are done through www.BelmontWoods.org in the issues menu>New Issue>ACC/PIC request by following the prompts.
All plans, specifications and plans are to be submitted to the management company online or mailed to the following:
MyHOA-online.com LLC
PO Box 9797
Covington, WA 98042-0077
ACC Approval is required prior to:
- Modifying, or in any way altering owner property or appurtenances, 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 or lot visible from outside the home.
- Prior to installation of any lights, TV/Dish antennas, radio antennas or other items in private or common areas.
- Any alteration of major landscaped areas.
- Installing accessory structures and outdoor storage.
- Modifying the exterior paint scheme or color scheme of home.
- Fence Modifications and Staining
- Permanent storage of recreational vehicles.
- Temporary storage of PODs, dumpsters or similar for reasons outlined previously.
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)
The HOA will not knowingly approve plans it knows will violate any local codes or requirements. Owners are responsible for contacting the city or other governing body as applicable to ensure that any plat requirements, codes, permits or other requirements are met. Failure of the owner to meet such requirements may be turned over to the governing body to investigate. The HOA is not responsible for verifying in advance that the owner has met this requirement.
15.0 SIGNS
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.
16.0 FENCES
16.1 Fence cannot be taller than 6’ from the ground at the base of the fence to the topmost spot of the fence measured in a vertical line.
16.2 All setbacks must meet municipal codes. No fence can obstruct the view which would impact safety such as driver’s view at an intersection.
16.3 When choosing the fence finish product, the design of all features on and near your property should be considered. This includes the neighboring properties and neighborhood as a whole.
16.4 The style and color of fence must match for each elevation (a complete height, width section without a change in direction of more than 44°). Exclusion can be made:
- for temporary (less than 6 months) if repairing/replacing a section with the intention of replacing a full elevation or complete fence within the 6 months from the first repair/replacement/damage (whichever comes first). If there is a change in shared property line.
- If there is a clear and pre-approved (by HOA Board/ACC committee) design intent which keeps to an overall look of the fence and property.
Typically, approved fences are cedar Board on Board estate style fence no more than 6 feet in height.
Materials/styles/finishes which could also be considered for review, include:
- Materials - wood, stucco, masonry, metal,
- Styles similar to –Board on Board, Side by Side, Shadow Box, or others
16.5 Finishes - natural, stained, painted, use of oils or other finishes. The color should be that of a natural wood or complimentary of the surrounding design features.
All fence work including stain or paint colors must be submitted for review to the Board/ACC committee. Some specialty requests could increase the approval time and the possibility for additional questions, clarifications and/or samples if needed.
Adopted by the board of directors on February 20, 2024
Mailed to all owners on September 10, 2024, and effective on October 10, 2024.
Signed by:
James Pelletier
President, Belmont Woods Homeowners Association