ADMINISTRATIVE RULES AND REGULATIONS
Driftwood Point Association (DPA) Purpose Statement:
To continually preserve and improve the Driftwood Point lifestyle and assist homeowners and property owners in maintaining their investment for the benefit of all members who live in our community.
Abstract.
The Driftwood Point Association Board has the authority and responsibility to maintain the aesthetic quality of the homes and properties in the community as well as that of the property owned in common by all of us. It also has the right to establish and enforce rules and regulations and to levy fines for violations of these rules. This authority and responsibility is derived from the Driftwood Point Association Articles of Incorporation, By-Laws and Covenants.
These rules and fines do not replace, nor are they a substitute for, existing Driftwood Point Association Articles of Incorporation, By-Laws, or Covenants, and are to be used in conjunction with them by the Board of Trustees for the protection of all Member’s property values, health and welfare.
In administering and enforcing these rules the Trustees are reminded that they are bound by responsibilities defined in RCW 24.03 (Washington Non-Profit Corporation Act), and RCW 64.38 (Homeowners’ Associations). PARTICULARLY:
To minimize the risk of adverse legal actions, any complaints made or received will be diligently investigated and evaluated fairly using facts and data to aid in their resolution. This process will be conducted according to the Trustee/Director responsibilities identified in the RCW’s. The RCW’s define how Trustees of DPA are accountable to the Association and to all members, including the complainant.
Further, it is required that all DPA Trustees review both aforementioned RCW’s yearly, with attendance noted, at the May Board meeting for inclusion with the board meeting minutes for May.
GENERAL RULES AND REGULATIONS
1.0 RESIDENCE AND PROPERTY
1.1 Residence shall be kept in good external repair and its appearance shall not detract from the apparent value of adjacent properties.
1.2 Business and commercial use of property is prohibited. No trade, commercial manufacturing enterprise or commercial activity shall be conducted at any residential lots, buildings or homes except for business activity allowed under Pierce County Zoning codes.
1.3 PROPERTY GROUNDS
1.3.1 Grounds shall not present an unkempt appearance due to discarded or non-functioning items that are visible from the street and from the lake.
1.3.2 All residences shall be landscaped in the front within 1 year of the home being completed.
1.3.3 The following is prohibited:
1.4 GARAGES, CARPORTS, AND ANY OTHER STORAGE
Must be in compliance with 1.1 and 1.3 above.
1.4.1 The use of temporary structures in the front of residences is highly discouraged
1.4.2 Junk or inoperable vehicles are prohibited from being stored outside of approved enclosed structure. All vehicle parts and accessories must be stored in an approved structure.
Repairing of vehicles outside of approved structure must be completed in 14 days
1.4.3 RV’s may not be used as permanent living facilities
Appropriate Pierce County zoning laws govern use as a temporary living facility. RV's must be in good repair and comply with 1.1 and 1.2 above.
2.0 RENTAL PROPERTIES
Renter compliance with Rules and Regulations.
The owner of the rental property is responsible for the renter/s and said property's compliance with all sections of these rules.
3.0 PETS
3.1 Only common household pets are permitted.
No livestock or poultry of any kind shall be raised, bred or kept on property. Household pets may be kept in reasonable numbers in keeping with 3.2, 3.3 and 3.4.
3.2 Pet Containment.
Pets must be contained by fence or other secure means within the boundaries of the property and not allowed free run of the neighborhood.
3.3 If the pet is off the property it must be on a leash and under the control of the property owner/s, renter/s, or their family members and guests.
3.4 Pet owners/property owners shall be responsible for any and all offensive actions of their pets including barking or other noises, running loose and waste deposits.
4.0 FENCES
All Fences shall be no more than 6 feet high, of well constructed material, and not detract from dwelling of the adjacent lot.
5.0 SIGNAGE
6.0 PROPERTIES OWNED IN COMMON
Waterfront Park including boat launch area and ball-park are the properties owned by all members. These areas have their own rules and will be administered by their current rules posted on web.
7.0 COMPLAINT PROCEDURE
Homeowners are encouraged to first attempt good faith resolution to their mutual problems if possible. If not possible, this complaint procedure has been designed to address Association member's complaints regarding violations of these rules and/or Driftwood Point Association By-Laws and/or C. C. & R's in a timely manner.
7.1 Register a complaint.
Complaints must be in writing and delivered either in person to a current Trustee, or by mailing a letter to the office, or by e-mail using the form located in appendix A.
7.2 Complaints must contain the following complete information:
8.0 ADMINISTRATION OF VIOLATIONS
Following a finding by the investigating Trustee that the complaint is valid, the Trustee shall immediately furnish the details of the finding to all Trustees by e-mail for vote. The Trustees will have 3 days to respond. If a majority agrees to complaint validity, the President, acting for the Board, shall, within 7 days of the Board vote, give notices and impose fines pursuant to this section 9. All fines shall be liens against the property of the homeowner committing the violation/s.
9.0 FINE SCHEDULE
Driftwood Point Association Fine Structure for Same Offense:
The Board of Directors has the requirement to assure compliance for the governing documents. This policy is intended to simplify enforcement procedures and reduce costs of enforcements. For reported infractions the homeowners will be entitled to one written warning for any infractions. If warning is not heeded, the Board of Directors reserves the right to assess a fine for such infractions. Compliance warnings and fines shall be imposed in the following way:
Fine amounts of current offense are based on your record of same offenses for two consecutive years.
Once a warning has been issued or a fine has been levied the unit owner has 30 days to comply. If written warning is not complied with within 30 days, allowing an additional 3 days for the mailing, a $50 fine will be issued. For every 30 days of non compliance an additional $50 will be assessed up to 90 days.
In addition to any fines assessed upon the unit owner, late payment of fine shall result in finance charge of 1% per month or 12% per annum being assessed for all outstanding amounts of unpaid fines.
After 90 days have passed since the first written warning, when the infraction has not been rectified, or in the event the fines go unpaid for periods of 90 days, the Board reserves the right to impose a lien to unit owner. Also unit owner is responsible for any costs incurred by the corporation in pursuing corrective action.
Furthermore any unresolved offenses, unpaid fines and interest if due, may result in the loss of use of the parks and boat launch until resolution.
10. Appeals
Appeals to warnings and fines must be made in writing to Driftwood Point Association, PO Box 64, Sumner, WA 98390, e-mailed to [email protected], or written form presented in person at a regularly scheduled DPA board meeting. Appeals must be made within 10 days of receiving the warning or fine (allowing an additional 3 days for mailing.) After 10 days (+ 3) the cited property owner waves their right to appeal. Appeals will be considered fairly and factually by Driftwood Point Association Board of Trustees and will provide a finding within 15 days of appeal receipt or at the next Board of Trustees meeting.
Appendix A
ADMINISTRATIVE RULES AND REGULATIONS
Name of offender (if known):
Property address:
Description of issue/s (should reflect conditions which in your opinion affect your property value, and/or health, and/or welfare):
Your name: Date:
Address: Phone #
E-mail: (optional)
Driftwood Point Association (DPA) Purpose Statement:
To continually preserve and improve the Driftwood Point lifestyle and assist homeowners and property owners in maintaining their investment for the benefit of all members who live in our community.
Abstract.
The Driftwood Point Association Board has the authority and responsibility to maintain the aesthetic quality of the homes and properties in the community as well as that of the property owned in common by all of us. It also has the right to establish and enforce rules and regulations and to levy fines for violations of these rules. This authority and responsibility is derived from the Driftwood Point Association Articles of Incorporation, By-Laws and Covenants.
These rules and fines do not replace, nor are they a substitute for, existing Driftwood Point Association Articles of Incorporation, By-Laws, or Covenants, and are to be used in conjunction with them by the Board of Trustees for the protection of all Member’s property values, health and welfare.
In administering and enforcing these rules the Trustees are reminded that they are bound by responsibilities defined in RCW 24.03 (Washington Non-Profit Corporation Act), and RCW 64.38 (Homeowners’ Associations). PARTICULARLY:
- 24.03.127 – Duties of a Director
- 64.38.025 – Board of Directors – Standard of care – Restrictions – Budget – Removal from board.
To minimize the risk of adverse legal actions, any complaints made or received will be diligently investigated and evaluated fairly using facts and data to aid in their resolution. This process will be conducted according to the Trustee/Director responsibilities identified in the RCW’s. The RCW’s define how Trustees of DPA are accountable to the Association and to all members, including the complainant.
Further, it is required that all DPA Trustees review both aforementioned RCW’s yearly, with attendance noted, at the May Board meeting for inclusion with the board meeting minutes for May.
GENERAL RULES AND REGULATIONS
1.0 RESIDENCE AND PROPERTY
1.1 Residence shall be kept in good external repair and its appearance shall not detract from the apparent value of adjacent properties.
1.2 Business and commercial use of property is prohibited. No trade, commercial manufacturing enterprise or commercial activity shall be conducted at any residential lots, buildings or homes except for business activity allowed under Pierce County Zoning codes.
1.3 PROPERTY GROUNDS
1.3.1 Grounds shall not present an unkempt appearance due to discarded or non-functioning items that are visible from the street and from the lake.
1.3.2 All residences shall be landscaped in the front within 1 year of the home being completed.
1.3.3 The following is prohibited:
- Grasses, weeds and vegetation exceeding 6 inches in height (excluding plants, flowers, shrubs, trees etc.)
- Dead, decaying or diseased trees, any growth of noxious weeds or toxic vegetation.
- Accumulations of building or construction materials not associated with current in-progress projects.
- Improper storage of toxic or caustic substances.
- Creating or maintaining accumulations of matter that harbors or is an attraction for the infestation of insects or vermin or failing to eliminate such infestations.
- Accumulation of broken or neglected parts or machinery.
- All broken or discarded furniture and appliances not enclosed in garage, home or approved structure.
- Compost not kept in a manner to prevent it from attracting infestations or emitting foul odors.
- Garbage and Recyclables not kept in proper containers.
- Keeping Garbage and Recyclable containers in the front yard.
- Keeping Garbage and Recyclable containers on the street for over 24 hours after pick ups.
1.4 GARAGES, CARPORTS, AND ANY OTHER STORAGE
Must be in compliance with 1.1 and 1.3 above.
1.4.1 The use of temporary structures in the front of residences is highly discouraged
1.4.2 Junk or inoperable vehicles are prohibited from being stored outside of approved enclosed structure. All vehicle parts and accessories must be stored in an approved structure.
Repairing of vehicles outside of approved structure must be completed in 14 days
1.4.3 RV’s may not be used as permanent living facilities
Appropriate Pierce County zoning laws govern use as a temporary living facility. RV's must be in good repair and comply with 1.1 and 1.2 above.
2.0 RENTAL PROPERTIES
Renter compliance with Rules and Regulations.
The owner of the rental property is responsible for the renter/s and said property's compliance with all sections of these rules.
3.0 PETS
3.1 Only common household pets are permitted.
No livestock or poultry of any kind shall be raised, bred or kept on property. Household pets may be kept in reasonable numbers in keeping with 3.2, 3.3 and 3.4.
3.2 Pet Containment.
Pets must be contained by fence or other secure means within the boundaries of the property and not allowed free run of the neighborhood.
3.3 If the pet is off the property it must be on a leash and under the control of the property owner/s, renter/s, or their family members and guests.
3.4 Pet owners/property owners shall be responsible for any and all offensive actions of their pets including barking or other noises, running loose and waste deposits.
4.0 FENCES
All Fences shall be no more than 6 feet high, of well constructed material, and not detract from dwelling of the adjacent lot.
5.0 SIGNAGE
- 5.1 No more than one real estate sign per lot and no larger than 2 feet by 3 feet in size. Sign must remain only on property listed. No arrow signs for real estate are permitted.
- 5.2 No commercial or business signs (excluding “for sales” or “for rent”) shall be attached to dwellings or structures.
- 5.3 Commercial/contractor signs may be placed on private property only until construction is completed.
- 5.4 Sandwich signs or signs for event/activity (i.e. open house, sales, and gatherings/parties/meetings) may be placed at intersections and or at said resident, while the “event” is occurring.
6.0 PROPERTIES OWNED IN COMMON
Waterfront Park including boat launch area and ball-park are the properties owned by all members. These areas have their own rules and will be administered by their current rules posted on web.
7.0 COMPLAINT PROCEDURE
Homeowners are encouraged to first attempt good faith resolution to their mutual problems if possible. If not possible, this complaint procedure has been designed to address Association member's complaints regarding violations of these rules and/or Driftwood Point Association By-Laws and/or C. C. & R's in a timely manner.
7.1 Register a complaint.
Complaints must be in writing and delivered either in person to a current Trustee, or by mailing a letter to the office, or by e-mail using the form located in appendix A.
7.2 Complaints must contain the following complete information:
- Date, Name of offender if known, and Address, Description of Issue
- Your Name, Address and Phone Number.
- Anonymous complaints will not be accepted
- Complaints will be handled in a confidential manner and complainant identity will not be revealed to offending party.
- When the Association receives a complaint, a Trustee of the Association will investigate and determine validity within 7 days of receipt.
- If valid, the complaint shall be processed as per Section 8, 9 & 10 below.
8.0 ADMINISTRATION OF VIOLATIONS
Following a finding by the investigating Trustee that the complaint is valid, the Trustee shall immediately furnish the details of the finding to all Trustees by e-mail for vote. The Trustees will have 3 days to respond. If a majority agrees to complaint validity, the President, acting for the Board, shall, within 7 days of the Board vote, give notices and impose fines pursuant to this section 9. All fines shall be liens against the property of the homeowner committing the violation/s.
9.0 FINE SCHEDULE
Driftwood Point Association Fine Structure for Same Offense:
The Board of Directors has the requirement to assure compliance for the governing documents. This policy is intended to simplify enforcement procedures and reduce costs of enforcements. For reported infractions the homeowners will be entitled to one written warning for any infractions. If warning is not heeded, the Board of Directors reserves the right to assess a fine for such infractions. Compliance warnings and fines shall be imposed in the following way:
- 1st offense- Written Warning to comply within 30 days.
- 2nd Offense- $50.00
- 3rd Offense- $200
- 4th & Subsequent Offense- $500
Fine amounts of current offense are based on your record of same offenses for two consecutive years.
Once a warning has been issued or a fine has been levied the unit owner has 30 days to comply. If written warning is not complied with within 30 days, allowing an additional 3 days for the mailing, a $50 fine will be issued. For every 30 days of non compliance an additional $50 will be assessed up to 90 days.
In addition to any fines assessed upon the unit owner, late payment of fine shall result in finance charge of 1% per month or 12% per annum being assessed for all outstanding amounts of unpaid fines.
After 90 days have passed since the first written warning, when the infraction has not been rectified, or in the event the fines go unpaid for periods of 90 days, the Board reserves the right to impose a lien to unit owner. Also unit owner is responsible for any costs incurred by the corporation in pursuing corrective action.
Furthermore any unresolved offenses, unpaid fines and interest if due, may result in the loss of use of the parks and boat launch until resolution.
10. Appeals
Appeals to warnings and fines must be made in writing to Driftwood Point Association, PO Box 64, Sumner, WA 98390, e-mailed to [email protected], or written form presented in person at a regularly scheduled DPA board meeting. Appeals must be made within 10 days of receiving the warning or fine (allowing an additional 3 days for mailing.) After 10 days (+ 3) the cited property owner waves their right to appeal. Appeals will be considered fairly and factually by Driftwood Point Association Board of Trustees and will provide a finding within 15 days of appeal receipt or at the next Board of Trustees meeting.
Appendix A
ADMINISTRATIVE RULES AND REGULATIONS
Name of offender (if known):
Property address:
Description of issue/s (should reflect conditions which in your opinion affect your property value, and/or health, and/or welfare):
Your name: Date:
Address: Phone #
E-mail: (optional)