Minor Waivers

 

Covenant Article VIII Section 8.18 on Minor Waivers states:

The Declarant, its successors and/or assigns shall have the right at any time to waive minor exceptions or violations which violations or exceptions are not contrary to the intent and purpose of the restrictions. The Declarant, its successors and/or assigns, in its sole discretion, shall have the right to determine what constitutes a minor violation.

The Board of Directors (Declarant), having been granted the power to determine what constitutes a minor violation and not contrary to the "spirit" and intent of the Covenant restrictions, will hereby allow certain minor exceptions. 
The Board of Directors shall retain the power, with regard to granting minor waivers, to define allowable colors, sizes, durations, frequency, types, materials, etc. or other descriptive attributes for the waiver(s). Minor waivers granted by the Board but subject to change are:

Yard signs (refer to Covenant 8.07 Signs) - small yard sign (approximately 8" x 8" or similar) for security alarm systems, dog invisible fences, sports fan support, etc. are allowed. Political signs showing support for a candidate may be allowed for only one month prior to a scheduled major election but must be removed the day after the election. No sign promoting a commercial operation or product for profit or other venture for sale of product/services will not be allowed. Signs found to be offensive or not common to a HOA community will not be allowedNo prior ARB approval is required. 

Flags (refer to Covenant 8.07 Signs) - small decorative garden size flag and/or decorative house mounted pole flag are allowed. 
No flag promoting a commercial operation or product for profit or other venture for sale of product/services will not be allowed. Flags found to be offensive or not common to a HOA community will not be allowedNo prior ARB approval is required.  

Parking (refer to Covenant 8.14 Parking Restrictions) - parking on the vacant lots is only allowed on "rare occasions" such as guest parking for a gathering, out of town guest parking for a weekend, parking of vehicle to clear the driveway for purposes of driveway maintenance, etc. is allowed. To further clarify, vacant lots are not available for daily parking. Parking on the vacant lots to include that portion of the unpaved right-of-way directly adjacent to the lot should only be used sparingly in rare situations. The intent is to provide overflow parking for infrequent situations. The Board reserves the right to have vehicles towed at owner expense without prior warning if use of the lots for parking is deemed in violation of this minor waiver. Owners are required to move their vehicles off the vacant lots when mowing services are being provided AND owners will be responsible for reimbursing the HOA for any charges incurred due to their failure to move their vehicles out of the way of the mowing service. Homeowners who cannot accept the rules of this waiver must not park on the vacant lots. No prior ARB approval is required.

Landscaping (refer to Covenant 8.16 Sod) - Use of Asiatic Jasmine in place of the sod requirement per the Covenants for the front, side and rear yards may be allowed dependent on prior ARB approval. The used of a green ground cover such as Asiatic Jasmine is within the spirit/intent of the Covenant restrictions which requires a natural, living, green ground cover in the front, side and rear yards. Asiatic Jasmine may be appropriate for difficult areas of the yard due to excessive shade, erosion or drought.

No other waivers of minor violations are granted by the Board of Directors. It should be noted that the HOA will forward charges, incurred to the HOA due to the fault/negligence of homeowners, to the party responsible for the invoiced charges. The HOA will never ask your neighbors and fellow association members to pay for charges that resulted because you did not follow the community rules.