Banks Pointe Homeowners Association

Banks Pointe Homeowners Association REGULATIONS January 30, 2012 Rev. April 3, 2013 1

CONTENTS PARKING... 3 STORAGE... 3 MAILBOXES... 3 GARDEN PLOTS... 3 PETS... 4 LAWN ORNAMENTS, DECORATIONS, OUTSIDE LIGHTING, SIGNS FLAGS... 4 LANDSCAPING... 5 PROPERTY MAINTENANCE... 6 ARCHITECTURAL CONTROL COMMITTEE APPROVAL NOT REQUIRED... 7 2

PARKING 1. Trailers, campers, vans, boats, and RVs must be parked in the back yard of the lot screened from view of the street. Screening must be approved by the Association. Trailers, campers, vans, boats and RVs are not allowed to be parked on common property or within any right-ofway of any street in or adjacent to the Subdivision. 2. No junked vehicles are allowed. No vehicles may be dismantled on a lot or common property or within any right-of-way of any street in or adjacent to the Subdivision. 3. Mechanically defective or unlicensed vehicles may not be allowed to remain on a lot or within any right-of-way of any street in or adjacent to the Subdivision for more than 10 days. Such vehicles may not be parked on any common property. 4. No vehicle or equipment of any type, including, but not limited to, automobiles, trucks, tractors, trailers, commercial vehicles, and recreational vehicles/equipment may be parked on common property. STORAGE 1. No trade materials or inventories may be visibly stored upon any lot. 2. Temporary storage of materials for modifications projects should be discreetly placed and maintained in an orderly manner. Storage shall not exceed 30 days. MAILBOXES 1. All new mailboxes or replacements shall conform to the mailbox style approved for the community. Current provider is Post and Pickets, 215 Tryon Rd, Raleigh, telephone 919-772- 7170. 2. Planting around the base of a mailbox is allowed, provided that the guidelines for landscaping and DOT regulations are followed. GARDEN PLOTS Gardens (flower and vegetable) in a single family residential area will not require prior approval of the Architectural Committee if they are wholly located in the rear portion of the lot and a minimum of ten feet from the side and rear lot lines. Any tree removal required to provide space for the garden must adhere to the tree removal guidelines. 3

Architectural Control Committee approval is required for any garden location other than described above, or any deviation from the above guidelines. Compost piles are allowed within your property lines and must be hidden/screened properly from road views and properly maintained (no obnoxious smells). Guidelines: Maintenance of the garden is required. Debris must be removed at the end of the gardening season and the yard returned to a natural state. This would include removal of stakes and any other structural additions required for the garden. The maximum height for plants in these gardens shall not exceed 5-0. Water gardens shall be planned and located to limit potentials for accidents (i.e., electrocution, drowning). Requests for ponds/water gardens in front yards shall require specific written approval of the ACC. New trees shall be located away from foundations, drives or walks to limit potential damage caused by root growth. PETS No livestock or poultry of any kind shall be raised, bred or kept on any lot, except that: No more than 5 dogs, cats or other household pets may be kept provided that they are not bred or maintained for commercial purposes. No runs or pet houses are to be installed on any property. Animal waste must be picked up on a daily basis from private property and immediately from common areas. Exterior houses/cages are prohibited. Pets outside owners property shall be restrained. Pets must be kept properly supervised and under control so as to not cause or create a nuisance. LAWN ORNAMENTS, DECORATIONS, OUTSIDE LIGHTING, SIGNS, FLAGS No signs are permitted except for (a) one sign of not more than five (5) square feet advertising the property for sale or for rent and (b) political signs that are put up no earlier than 45 days before the day of the election and removed no later than 7 days after election. Christmas holiday lights and decorations do not require approval. Other holiday decorations may be put up no sooner than 4 weeks before holiday and must be removed 2 weeks after holiday with the exception of Christmas decorations which shall be removed by January 31. Flood lights and motion security lights are permitted but must not encroach on neighboring property. 4

USA, North Carolina and seasonal flags are allowed. Flags cannot exceed 4 feet x 6 feet. Demeaning or offensive flags are not permitted. Flags require ACC approval. Flag poles shall not exceed 20 feet above finished grade. Guidelines: Every effort should be made not to disturb or adversely affect neighbors with the installation and operation of flood, landscaping lighting and/or security lights. LANDSCAPING Natural areas and landscaping beds may be utilized in the front, rear and side yards. Landscaping beds and natural areas located in the front yards shall not encompass more than 60% of the total area available for the front yard. All front yards shall have a minimum of 40% grassed. (Areas are measured from the curb/street to the nearest point of the house, and from one side yard property line to the other side yard property line. Corner lots will be measured from the curb/street to far side yard property line. Areas will exclude the existing walkway and driveway.) Mature plant size shall be considered in determining locations of bushes and shrubs near property lines and the plantings set back sufficiently to account for mature growth. When bushes and shrubs are located immediately adjacent to property lines, approved ground cover is required at the property line to provide easy maintenance for adjacent property owners. Landscaping and plantings in utility easements will be reviewed on a case by case basis and normally be permissible, but with the full understanding that any plantings may have to be removed for utility work in that easement without any liability on the part of the HOA or the utility company. Bird baths are not allowed in front yards. Materials: Approval is not required for mulching with pine straw, hardwood, bark or brown dye mulch. Use of decorative or functional gravel, pebble or red mulch requires specific written approval of the ACC. Requirements: Hardscape and Landscape Installation Projects require a site plan review and written approval of the ACC. All landscaping shall maintain proper drainage on the site. If landscaping is planned, homeowners are required to provide a plan that details drainage patterns and runoff. Plans, which cause excessive runoff to neighboring properties or common areas, will not be approved without modifications that solve the drainage situation. 5

All tree removal, except emergency removal where the tree(s) present(s) a clear and present danger as a result of wind or ice damage or disease or decay (trees posing a danger to life, person, or property), must be approved by the Architectural Control Committee in advance. Photos of the trees to be removed and the reasons for removal must accompany the application prior to tree removal. PROPERTY MAINTENANCE It is the responsibility of each lot owner to maintain his/her lawn and/or landscaping in a consistent and presentable manner that will equate or enhance (will not detract) from the overall aesthetics and appearance of the Community. If the HOA board deems a violation occurs, a notification will be sent to the lot owner. The lot owner is to rectify violation(s) within 30 days or the HOA board will hire an outside company to provide service(s) with the owner liable for this expense. Failure to pay back the HOA within 45 days will result in collection fees from a 3 rd party, attorney fees, and possible liens placed on the property. Guidelines for landscape maintenance: Turf: Changing the type of grass shall require approval by ACC. Mowing- All turf areas shall be kept mowed weekly throughout the growing season. Lawns are not to exceed 5 in height. Sidewalks, curbs and driveways are to be edged and debris blown off. Weed control/fertilizing- For turf located in front and sides- Weeds, crabgrass, bahia or any other non-cultivated lawn grass types will not be permitted beyond a 25% threshold. Turf is to be provided with, at a minimum, a basic treatment program each year. Check NCSU website for specific care tips and plans you can follow or call your local professional. Encroaching- unless the lawn types are the same, Invasive lawn types (Bermuda, Zoysia) are to be contained by the property owner within the homeowner s property. Bare Spots/Repair- For turf located in front and sides- Homeowner is responsible to maintain and re-establish the turf as bare spots occur. Reseeding or sod will be required, during the appropriate months, to re-establish the turf to at least 90% full threshold (up to 10% of bare spots allowable). Turf shall be consistent with Fescue, Bermuda, Zoysia, Centipede types. Proper steps are required to establish and maintain turf- such as proper watering, and water retention aids such as wheat straw and penn mulch. Landscape Beds/Natural Areas: Pruning- Ornamental plants around the foundation of home are to be kept pruned below any decks, windows sills or porches. Safety concerns should be considered as well for the shrubbery near the home to not block critical views or allow intruders to easily hide behind. 6

Weeds- All natural areas or plant beds are to be maintained virtually free of weeds throughout the year. (up to 20% weeds allowable at any one time). Mulch- Mulching is required to maintain at least 90% coverage of plant beds or manicured natural areas. Mulch types to be used shall be pine straw, hardwood or bark mulches (neutral earth tone colors). Other materials or non earth tone colors (Red, etc) require approval by the ACC. Encroaching- Homeowners shall keep their plants from encroaching neighboring lawns. Website for invasive plants is: http://www.invasive.org/eastern/ Appearance: Natural areas and landscaping beds shall be made in proportion to the home and property. All landscaped areas shall be maintained to prevent overgrowth of individual plants or weeds. Landscaped areas shall be mulched to improve appearance and aid in maintenance. Edging around the bed or natural area may be used but is not a requirement, and if used, should be consistent with the existing style and aesthetics of the community. Trees shall be maintained and pruned to remove debris and damaged limbs due to wind, decay, disease or ice damage. No rubber trash or garbage receptacle shall be viewable from the street except to be put at the curb on pick-up day or night before. Architectural Control Committee approval is not required for the following items: Flowers planted in existing beds. Shrubs less than 3-0 in height or diameter at maturity and located within an existing bed and/or used as a cover for the foundation, fence, deck or HVAC equipment. Replacement of existing ground cover in existing natural areas or landscaping beds. Mulching with pine straw, hardwood or bark mulch of natural earth tone colors. (Red is not permitted.) Replacement or existing shrubs, plants, or trees that die or are diseased with the same variety and size shrub, plants or tree in the same location. One level of natural colored edging consisting of brick, stone, pre-cast concrete edging, brown or black steel edging. Painted or stained edging materials are not permitted. On items not requiring approval, the committee reserves the right to request a homeowner to remove an item if found in violation of Article IX, Section 5 of Banks Pointe Covenants. 7