Governing Documents

6. Promulgated Rules & Regulations

• Rules established by the Home Owners Association.

• Provided the CC&Rs have granted the authority to establish rules and regulations (which is the case of the Kings Ridge HOA,) promulgated rules and regulations allow the Board of Directors and ACC to provide clarity where permissible.

5.3 Thoroughfare Screening. Where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway or separated from a roadway by an alley or service road, the owner shall provide screening at his sole expense. The Commission may waive or modify, in exceptional cases, this requirement. A screening plan, including elevations and materials, shall be submitted with the preliminary plat. All forms of screening shall conform to the requirements of the ordinances of the city governing the sight distance for traffic safety and other city ordinances. Screening shall conform to alternative design requirements and specifications approved by the city as contained within the Thoroughfare Screening Ordinance. Additional right-of-way or easements may be required for wider columns and more elaborate screening walls. All screening walls installed prior to city acceptance of public improvements will be charged maintenance and inspection fees.

Retaining Walls

5.02 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for (i) the purpose of promoting the recreation, comfort, health, safety and welfare of the Members and/or the occupants of the Lots and/or the Property; (ii) leasing, maintaining, and/or managing the Common Properties; (iii) enhancing the quality of life in the Property and the value of the Properties; (iv) improving and maintaining the Common Properties, the properties, services, improvements and facilities devoted to or directly related to the use and enjoyment of the Common Properties, including, but not limited to, the payment of taxes on the Common Properties and the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties; (vi) carrying out the duties of the Board of Directors of the Association as set forth in this Declaration and the Bylaws; (vii) carrying out the purposes of the Association as stated in its Articles of Incorporation; and (vii [sic]) carrying out the powers and duties relating to the Architectural Control Committee, after Declarant has delegated or assigned such powers to the Association.

6.01 Powers and Duties. …The Board, for the benefit of the Property, the Common Properties and the Owners, shall provide and pay for, out of the funds collected by the Association pursuant to Article V… (c) should the Board so elect, maintenance of exterior grounds, drives, parkways, private streets and access areas, including trees, shrubs and grass, the exact scope of which shall be further specified by the Board from time to time. In particular, the Board shall be empowered to contract with persons or entities who shall be responsible for the maintenance of landscaping, trees, shrubs, grass and like improvements which are located within rear yards or side yards enclosed by solid fence, which shall be maintained by the individual Lot Owners. Maintenance services contracted for by the Board in accordance with this paragraph shall be paid for out of Association funds.

9.27 Duty of Maintenance. Owners and occupants (including lessees) of any Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and expense, to keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage easements or other rights-of-way incident thereto, and vacant land, in a well-maintained, safe, clean and attractive condition at all times…

9.28 Maintenance of Common Properties. The Common Properties (including landscaping comprising portions of the Common Properties) after the dedication of same by plat and/or conveyance by the Declarant to the Association, shall be owned and maintained by the Association…

9.29 Retaining Walls. Any retaining wall, including but not limited to those facing lakes, shall be engineered and designed walls made from natural stone or split facing concrete masonry units complemental to the improvements provided by the Declarant and/or in such style and made of such materials as the Architectural Control Committee may approve upon written submission prior to any construction activity of a retaining wall on any Lot. It is the intention of the Declarant to promote visual continuity in and around the Common Properties, and generally throughout the Subdivision. The Architectural Control Committee and/or the Association, as appropriate, shall require the construction of all retaining walls to be responsive to that intent and to enhance the general visual appearance of all Lots and/or Common Properties within the Property.

Screening Walls

Article I, Section (h). “Common Properties” shall mean and refer to (i) those certain streets, drives, street lights, street signs, traffic control devices, parkway areas, landscaped medians, landscaping improvements, plantings, screening walls, fencing, sprinkler systems, lakes, fountains, if any, and easements, among other amenities, as are more particularly described on Exhibit “C” attached hereto and make a part hereof for all purposes, all of which are intended to be devoted to the common use and enjoyment of the Owners; and (ii) any areas of land, improvements or other property rights within the Property which are known, described or designated or which shall subsequently become known, described or designated as “Common Properties” intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that are now or may hereafter be constructed thereon. In certain circumstances, Common Properties may not be owned by the Declarant or the Association in fee, but may, in some instances, be held as an easement, be leased, or may simply be areas of land that are not owned or leased by the Declarant or the Association but which are maintained by the Association or the Declarant for the use and benefit of the Owners and the Property. An example of areas of Common Properties which may not be owned or leased by the Association or the Declarant but which would constitute a portion of the Common Properties would be landscaped areas appurtenant to and within public rights-of-way. Prior to approval of a Final Plat or to the date the Association is incorporated, the Declarant may hold record title to all or a portion of the Common Properties, consistent with the objective envisioned herein and subject to the easement rights herein of the Owners for use, access, and enjoyment of the Common Properties, for a limited period of time and at a point in time (deemed appropriate and reasonable by the Declarant). After the Association has been incorporated, record title to those portions of the Common Properties which are owned by the Declarant in fee, as an easement or otherwise shall be transferred from or dedicated by the Declarant to the Association or to another entity whose purpose is consistent with these objectives. Notwithstanding the above, the Common Properties identified on Exhibit “C” have been dedicated by preliminary or final plat or conveyed in fee simple, free and clear of any and all encumbrances.

Commentary:  While the definition of “Common Properties” does reference screening walls and other improvements, this portion of the definition is limited to the Common Properties identified on Exhibit “C” to the Declaration.

6.01(b). The Board, for the benefit of the Property, the Common Properties and the Owners, shall provide and pay for, out of the fund(s) collected by the Association pursuant to Article V above, the following… (b) care and maintenance of the landscaping, screening walls and entry features which may be constructed by Declarant on the Common Properties or within rights-of-ways adjacent to or within Kings Ridge. Maintenance includes all repair, rebuilding or cleaning deemed necessary by the Board of Directors.