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MARCHINI MEADOWS HOMEOWNERS ASSOCIATION
COMMUNITY RULES AND REGULATIONS
 
ADOPTED July 31, 2019 and effective 30 days from mailed notice (September 18, 2019).
 
Authority
These rules are set forth pursuant to the authority conferred to the Marchini Meadows Homeowners Association.
  1. Authority conferred by the Marchini Meadows Homeowners Association Bylaws, Article 3, section 3.18 POWERS, which states The Board of Directors shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association's affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles, or these Bylaws directed to be done and exercised exclusively by the members. In addition to the duties imposed by these Bylaws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to and shall be responsible for the following, in way of explanation, but not limitation: (f) making and amending rules and regulations; (h) enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it, and bring any proceedings which may be instituted on behalf of or against the Owners concerning the Association;

  2. Also under authority conferred by the Marchini Meadows Homeowners Association Bylaws, Article 3, Section 3.21 FINING PROCEDURE. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is follows:

    1. Notice. Written notice shall be served upon the violator specifying:

      1. the nature of the violation and the fine imposed;
      2. that the violator may, within ten (10) days from the date of the notice, request a hearing regarding the fine imposed;
      3. the name, address and telephone numbers of a person to contact to challenge the fine;
      4. that any statements, evidence, and witnesses may be procured by the violator at the hearing; and
      5. that all rights to have the fine reconsidered are waived if a hearing is not requested within ten (10) days of the date of the notice.
    2. Hearing. If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing.
Intent
It is the intent of these Rules and Regulations to augment the recorded Covenants of Marchini Meadows Homeowners Association to the end of protection the value and desirability of the homes within the community and to protect the natural beauty of the common areas, which is the purpose of the Association.
 
This guide is a summary of the Governing Documents and Board Resolutions that affect day–to-day life in the community of Marchini Meadows. It does not replace the Declaration of Protective Covenants, Conditions, Restrictions (also known as CC&R’s). Rather, it provides an overview and supplements the aforementioned legal documents.
 
Rules and Regulations
 
Any violation of the rules and regulations below will be considered a fine-able offense. Following an initial courtesy notice card, violation letters will be issued for violations stating the time-frame for compliance and the fine schedule.
  1. Good Citizenship

    1. Quiet hours will be between the hours of 10:00 pm and 8:00 am

      1. No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Lot Owners.

    2. Park Hours are between the hours of 8:00 am and 10:00 pm.

    3. Fireworks are not permitted at any time.

    4. No activities should be held in the street that obstructs normal flow of traffic or pose a safety concern to individuals.

      1. Basketball hoops shall not be kept adjacent to streets or sidewalks. Basketball should not be played in the streets.

  2. Yard and Driveway Maintenance

    1. Front yard landscaping including lawns and planting beds must be kept well maintained, including mowing, weed removal, fertilization, edging, and watering so that lawns do not go dormant or die (except in times of water rationing decreed by the local water utility).

      1. Yard waste, gardening and cleaning supplies, and rubbish or debris of any kind shall not be stored on any lot or dumped in common areas owned by the HOA or on public property.

      2. Substantial changes such as complete replacement with zero maintenance yards / zero-scape rocks are not acceptable. Artificial turf must be of high-quality materials and requires ACC approval prior to installation and must be maintained to not have tears, wrinkles, lumpiness, puddling, or weeds or dirt showing thorough.

      3. Vegetable plants or gardens are prohibited in the front and side yards visible to the street.

      4. Trees shall be kept at no taller than 6 feet if they get in the way of sun to other lots and the affected neighbor complains. Also, trees shall not be allowed to grow over the fence line into other yards and/or common areas, or the public right of way. In the case of public sidewalks and right of ways, tree canopies should have a 8-foot clearance above the walk way as to not impede sidewalk use. Trees shall not conceal view of any street or traffic signs or lights.

      5. Significant deviations shall have prior written approval from the Board or designated Committee.

    2. Backyards are to be landscaped and maintained to the same as front yard standards above.

    3. Parking strip grass and trees (located between the road and sidewalk) shall be maintained by adjacent homeowners to the same standards as identified in Section 2.A above (except along the main entrance way which is maintained by the HOA).

      1. Tree perimeters shall be watered if necessary and free from grass, preferably barked in a 12” minimum radius. Acceptable routine maintenance should not damage tree trunk and roots.

      2. If a tree fails completely to sprout leaves, dies or is uprooted, Homeowner shall replace the tree with same type or consistent with adjacent trees along the parking strip, minimum 10’ tall.

      3. Homeowner shall trim trees to maintain unobstructed path for pedestrian traffic.

      4. Parking strips are to be maintained as installed by developer (with lawn) and not to be substantially replaced with rock, concrete, or another substitute material.

    4. Driveways and street parking areas must be maintained free from oil spills.  Reasonable effort must be made to minimize number of spill areas and to and clean up spots greater than 3” diameter.  Preventative action should also include proper maintenance and/or repair of vehicles to eliminate leaks. Driveways should not have cracks wider than ¼” or longer than 1 foot. Driveway and sidewalk joints should be kept free of weeds.

    5. Fences should be maintained in good condition with no rot, holes, or damage to any part of fence. Stain or paint must be approved by the ACC. All fences shall be of the same style and materials of original builder installed fences. Post must be straight and stand upright to maintain a smooth appearance and line. Graffiti or tagging must immediately be covered.

    6. Houses and roofs are to be free of moss and algae and paint be maintained in a way that shows no wear, stains, or wood showing though.

  3. Architectural Changes

    1. Written Application Required:  No structure shall be constructed or caused to be constructed on any lot unless the plans for the structure have been approved in writing by the Board or designated Architectural Control Committee (ACC) per CC&R Article 3 Section 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5.

    2. Homeowners shall ensure compliance with local construction codes prior to submitting application and obtain all necessary permits after approval.

      1. This includes any building, fence, wall, or other structure or exterior addition, change, or alteration to it that is to be commenced or erected upon a lot; including parking bays, new roofs or siding materials, sheds, garages, play structures, decks, fencing and any other item that would be visible from the street.

      2. New/Change in paint or stain colors must also receive prior written approval.

    3. Submission:  All requests must be routed through the property management company for presentation to the Marchini Meadows Board (or to the designated ACC).

      1. All requests must be submitted online or sent via email or fax to the management company, so a date is recorded on the receipt of your application. A written notice from the Board or by a member of the ACC may also be considered verification of receipt.

    4. Approvals: The committee shall approve or disapprove such plans within 30 days of said receipt date by the Board or designated ACC.  If a response is not received within 30 days, the application will be considered approved.

    5. Failure to submit in advance may result in the Association having to require removal or changes, the costs of which must be paid by the Lot Owner.

  4. Vehicles and Parking

    1. No motor vehicles exceeding one-ton, recreational vehicles, mobile homes, travel trailers, tent trailers, utility trailers, campers, boats, boat trailers, detached campers, camper shells or other similar vehicles or equipment may be parked or repaired on any lot, common area, or street within the Property (garage is acceptable).

      1. Non-complying vehicles will be subject to towing and/or fines.

      2. This does not apply to cleaning, loading and short-term parking less than 48 hrs./month.

    2. No motor vehicles that are inoperable, or illegal to operate due to licensing, expired tabs, or physical conditions, shall be parked or stored on any lot or in the street.

      1. It is acceptable to store such vehicles inside garages.

      2. Non-complying vehicles will be subject to fines.

    3. No motor vehicles may be parked on any surface not originally designated for parking, by the builder/developer. Surfaces designated for parking include garages, driveways, and streets in compliance with local codes. Vehicles should not impair use of sidewalks nor access to driveways. Any vehicle not parked in accordance with these restrictions shall be subject to fine unless parked in accordance with written approval from the Board.

      1. This does not apply to cleaning and loading.

    4. Street parking shall be compliant with Washington State RCW 46.61 and local codes at risk of being ticketed and/or towed.  It is required that vehicles be parked in garages and driveways before parking on the street. Per the CC&Rs, each owner must use one space in the garage and two spaces on the driveway, and then a fourth vehicle or guests can park on the street provided they abide by all city laws in doing so. All city parking violations may be reported to parking enforcement or city code as applicable. Residents and guests shall not park:

      1. in intersections

      2. in crosswalks

      3. in and/or obstructing sidewalks

      4. within 30 feet of stop sign

      5. within 20 feet of pedestrian safety zone (crosswalk)

      6. within 15 feet (length of curb) from fire hydrant

      7. within 5 feet of or obstructing access to a driveway

      8. within 10 feet of mailbox

      9. more than 12 inches from the curb

      10. within area of curb lowered for access to the sidewalk

      11. on the wrong side of the street (facing wrong way, against traffic)

      12. For more than 72 hours without leaving

  5. Animals

    1. A lot owner may keep dogs, cats and other indoor household pets.

      1. All animals shall be kept solely as domestic pets.  No animal shall be kept in number, bred or maintained for commercial purposes.

      2. Pets shall be leashed and accompanied by a responsible person when not in Owner’s Lot.  Responsible person shall also police animal waste.

      3. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance inside or outside of the dwelling.

  6. Waste Containers

    1. All garbage and other waste materials shall be kept in sanitary containers located in appropriate areas not visible from the street abutting the lot it sits upon.

      1. Appropriate storage areas are behind the side yard fence, or otherwise concealed or inside the garage.

      2. Waste containers may be placed at the curb after 3 pm the day before waste pick up.

      3. Waste containers must be removed from the curb the evening of waste pick up.

  7. Holiday Displays and Other Exterior Adornments

    1. Holiday displays or decorations may not be installed earlier than six weeks before the pertinent holiday.

    2. All holiday displays and decorations must be removed within one month of the end of the pertinent holiday.

    3. Any year-round exterior decorations, displays or adornments that appear out of character with the general aesthetics and quality of the community in the opinion of the ACC and are more than twelve inches tall or twelve inches wide within view from the street are prohibited unless approved by the Architectural Control Committee.

  8. Late Fees on Assessments/Dues

    1. Homeowner association’s annual assessments/dues shall be due on January 1, the first day of the assessment year.

    2. A $50 late fee plus interest (no more than 12% interest per annum on the unpaid balance) shall be charged for any assessments that are not paid within 30 days of the due date.

    3. An interest fee (no more than 12% interest per annum on the unpaid balance) will be charged for each subsequent month that payment is not made.

    4. If not paid within 75 days, the association will bring an action against the person or entity personally obligated to pay such assessment.  A lien for the amount of the assessment plus interest, attorney fees and any related costs, will be placed with the county in which the Lot is located. There will also be an additional $330 administrative fee assessed by the Management Company for bringing action or for both recording and releasing the lien.

  9. Fine Schedule for Specific Violations until Remedied (except for late HOA dues).  It is the Homeowner’s responsibility to notify the Board and Property Manager of timely compliance.

    1. Following a courtesy postcard notice if violation, the first formal notice of a specific violation of the Rules and Regulations and/or CC&Rs will result in a written warning.

    2. The second notice for the same violation if not remedied within 10 days will result in a $50 fine.

    3. The third notice for the same violation if not remedied within 10 days from time of second notice will result in a $100 fine.

    4. The fourth notice for the same violation if not remedied within 10 days from time of third notice will result in a $200 fine.

    5. Each subsequent notice for the same violation if not remedied within 30 days subsequent from prior notice will result in an additional $200 fine per notice.

  10. Repeat occurrences. Reoccurrences of the same violation within a year will be reopened or taken to the next step in the process rather than starting a new issue.

  11. Severability. Whenever possible, each provision of this Document shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Document to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Document are declared to be severable.