CREEKSIDE VILLAGE HOMEOWNERS ASSOCIATION LANDSCAPE RULES CONTENTS 1. Landscape Charter 2. General 3. Open Area a. Restrictions b. Excavation c. Bees, Wasps & Yellow Jackets d. Moles, Gophers and other animals 4. Maintenance a. Rocks b. French Drains 5. Homeowner Responsibilities a. General b. Problems c. Encroachments d. Drains e. Mulch f. Dry Rot 6. Restrictions a. General b. Rocks c. Edging 7. Application 1
1. Landscape Charter Purpose: The Landscape Committee's principal purpose is the supervision of the execution by an outside contractor of the Planting Master Plan as amended, described in CC&R Article VI, Section 6.9. The Committee shall be solely responsible for overseeing the planting and maintenance of all trees, shrubs, vines, grasses and ground covers in the Common and Open Areas. When deemed necessary, the Committee may alter said Plan, subject to Board approval. The Committee shall act as the Board's principal advisor on all matters concerning landscaping, including the irrigation system. Composition: The Committee shall consist of the following resident members: a Chairperson, Vice Chair, one or more at-large members comprised of street representatives for designated streets; all to be approved by the Board. The Landscape Committee may form sub-committees as needed with Board approval. Tenure: The terms of office of all Committee members shall be two (2) years per CC&R Article VI, Section 6.8 (A). Members who resign will be replaced by the Board following recommendation of the Landscape Chairperson. No member may serve on the Committee for more than six (6) years in a ten (10) year period. Meetings: Landscape Committee meetings will be held as required, but at least every month except for November and December. At the option of the Chair, residents of designated streets will be invited to meet with their street rep to discuss any landscaping concerns at the monthly meetings. Sub-committee meetings will be held as needed but at least every six months if there is a sub-committee appointed. Minutes will be taken at each meeting and submitted to the office. Responsibilities: 1. The Committee shall maintain and alter as required, subject to Board approval, the Amended Planting Master Plan for landscaping the Common and Open Areas of CreekSide Village. The Plan shall maintain an overall design character which is unified throughout CreekSide Village but encourages variations on the main theme within individual courts and streets. 2. The Committee shall work closely with the Manager and the Landscape Maintenance Contractor to ensure that the Plan is adhered to and that any new planting conforms to it. The Committee shall be responsible for the selection of all new plantings. Residents landscaping concerns in the Open Areas should be reported to the street rep, who will in turn report to the Landscape Chair. 2
3. The Committee shall prepare and from time to time amend rules and regulations to be known as Landscape Committee Rules for approval by the Board, as described in Article VI Section 6.10 of the CC&Rs. These Rules shall not, by intent or implication, relinquish control by the Association of plant selection, planting or maintenance in the Common or Open Areas as described in Article V Section 5.1(A) of the CC&Rs. 4. The Committee, through the Manager, shall inform any owner or resident who has modified the Open or Common Areas by introduction of unauthorized plants, mulch, etc., of the violation and request that it be corrected as required by the Committee and in accordance with the Board approved Violation Policy and the CC&Rs. Failure of the owner or resident to comply shall be reported to the Manager and the Board. 5. The Committee shall initiate in August of every third year new bid requests for the following three-year contract on landscape maintenance for the Board's consideration. It shall make recommendations on the amount of money to be spent on maintenance, new planting and on the awarding of the contract, subject to the Board s approval. Finances: The Committee will be responsible for monitoring expenditures by the Landscape Contractor to assure that the budgeted amount is not over-run, and to promptly advise the Board if it appears expenditures may exceed budget. The Committee will recommend to the Board and Budget Committee by mid-august (see responsibility #5 above) a proposed landscape budget for the following calendar year comprising: 1. Maintenance of Open and Common Areas. 2. Replanting and rehabilitation of trees, shrubs, etc. in Open and Common areas. 3. Rehabilitation and replacing of major trees if required. The Committee is authorized to spend up to $500 on supplies, materials, and minor repairs or modifications within the limit of the budget, subject to approval of the Board liaison. In addition, the Committee is preauthorized to purchase replacement plants as set forth in the Landscape Contract. 2. General The original master plan for CreekSide Village presented a coherent harmonious plan to unify the lot landscapes and to minimize maintenance. In order to preserve that unified look, the CC&Rs transfers all responsibility for the planting and maintenance of each lot Open Area as well as the Common Areas to the Association. The Common Area is that portion of the Village which is owned by the Association for the common use and enjoyment by the lot owners and it consists of all of CreekSide Village except for the public streets, the sidewalks and the individual lots. The Open Area is that portion of each lot that lies between the fences erected by the developer and the public sidewalk. 3
3. Open Area a. Maintenance of the Open Area of each lot and the Common Areas is restricted to the landscape contractor employed by the Association. Maintenance includes, but is not limited to, adding and/or removing plants, shrubs, bushes, trees, and groundcover and the trimming, pruning, watering, fertilizing, spraying thereof. The lot owner, and/or lot residents are forbidden to do any maintenance to the Open Area of any lot and of the Common Areas. b. Approval must be obtained from the Landscape Committee before a contractor is engaged by the lot owner, or the lot owner himself, is permitted to dig or excavate in the open area. See page 8 for an application. Application must be submitted to the committee for review and approval. c. Beehives, wasps, and yellow jackets in the Open Area are to be reported to the landscape representative or to the Village Manager. The Homeowners Association is responsible for the cost of removing beehives, yellow jackets and/or wasp s nest from the owners open area. d. Damage caused by voles, moles, gophers, deer, and other animals in the Open Area is the responsibility of the Association. Homeowners are responsible for notifying the block representative of the problem. 4. Maintenance a. Rocks necessary to support a water drain outlet are the responsibility of CVHOA and shall be installed and maintained by the Association s contractor. In some lots there is no water connection in the space immediately adjacent to the garage. The owner has the option of utilizing a potted plant at the owners cost. Any such potted plant must conform to the CreekSide master plant plan and requires the Landscape Committee s approval. The lot owner is obligated to water the potted plant. b. In the event that a French drain (a trench filled with gravel) is necessary to control rain water runoff, approval is required from the Landscape Committee. 5. Homeowner Responsibilities a. The lot owner is responsible for maintaining all planting, with the exception of tree branches, within his/her lot from encroaching onto the lot s Open Area and/or the adjacent Common Areas. b. The lot owner/resident is responsible for communicating to the block representative any indications of problems related to the Open area, except water problems, which are to be communicated to the Association Manager or in his or her absence, to the Landscape Chairman. Any requests related to the Open Area are to be addressed to the landscape representative. c. Lot owner are responsible for informing their block representative when a bush threatens to encroach into a driveway. Failure to inform the landscape representative is basis for the Association to deny liability for damages caused to a vehicle by the encroaching plant(s). Denial of liability includes the landscape contractor for CreekSide. 4
d. Each lot owner is responsible for ensuring that the drain outlet to the Open Area is kept clear. If the lot owner is uncertain as to the location of the drain outlet, the landscape representative should be contacted. Owners of lots with bubble drains need to be especially vigilant. (Note: a bubble drain is a flexible pipe that runs from the rain gutter downspout underground to the sidewalk and then makes a U turn to the surface). If the cap falls off, the drain will fill with leaves and dirt and eventually clog, causing the water in the rain gutter to overflow into the roof shingles. It is the lot owners responsibility to ensure that these drains are not clogged. e. The lot owner is responsible for keeping the mulch swept up from the sidewalk back onto the lot. Installation of 4 x 1 black plastic edging is optional to aide in keeping the mulch contained, but is not required. The installation of such edging will be at the owner s expense. f. Dry rot on a lot owner s fences is the responsibility of the lot owner. If the lot owner notes build-up of dirt or mulch against the fence bottom veneer board, the owner should request that his block representative to notify the landscape crew to remove the dirt/mulch. 6. Restrictions a. The lot owner is not permitted to give any directions or make any requests of the contractor and or his employees. Any such communications should be channeled through the block landscape representative. b. Decorative or otherwise rocks, pebbles, gravel, boulders, bricks, and any other material are prohibited. c. Wood, stone, plastic or any other material to keep the mulch in place, or for any other reason, is prohibited, with the exception of 4 x 1 dark neutral plastic edging which is optional. ** The Board of Directors may impose a fine on any homeowner who knowingly violates the rules set forth herein and additionally may assess the homeowner the cost to repair the Open Area for damages resulting from any violation of the rules. Approved by the CreekSide Board of Directors on January 12, 2010 5
CreekSide Village Homeowners Association Landscape Application Submit completed application to the Association office. The Landscape Committee will review it at their next meeting and will contact you regarding approval. Homeowner Information Homeowner: Property Address: Phone: Email: Date: Scope of work: To be completed by: Contractor/Landscaper Name: Address: _ Phone: License # Start date: Completion date: This application was reviewed on: by the Landscape Committee. Application is: Approved Disapproved Signature of Landscape Chairman Date Signatures of Committee Members (Required) 6