Common C&R Infractions

Vision Development Company filed a Declaration of Covenants and Restrictions to protect and enhance the quality, value, aesthetic, desirability and attractiveness of the property. Every homeowner in Homestead receives the Buyers’ Disclosure Documents booklet at closing. Listed below are a few condensed versions, of the more common Covenants and Restrictions that need to be adhered to. A complete version of the following may be found in your booklet.

1. Site Improvements Standards and Use Restrictions

w. Vehicle Parking –

1. The following vehicles and items are referenced in the below subparagraphs are considered Restricted Vehicles: boats, trailers, all types of recreational vehicles or items, motor home (Class A, B, C or bus conversions), camping trailer, campers (on/off supporting vehicle, or any vehicle modified for camping)[1], and tractors (collectively called “Restricted Vehicles”). The Committee may utilize existing rules or adopt new rules to interpret, implement and enforce these provisions.

a. Parking in Driveway. Restricted Vehicle(s) may be parked in driveways during the day (6:00a.m. to midnight) but none of the Restricted Vehicles listed above shall be parked in the driveway between the hours of midnight to 6:00a.m.

b. Parking on the Street. No Restricted Vehicle(s), no other item(s) listed in Paragraph 1 above and/or no automobiles(s), no van(s), no truck(s) or no similar passenger vehicle(s) shall be parked on any street within the Subdivision between the hours of midnight to 6:00 a.m.

c. Parking Off the Driveway. No vehicle or item listed in subparagraph 1b shall be parked on the side of a dwelling, off the paved driveway or on unpaved surfaces so as to be visible from the street or other Lots.

d. Commercially Branded Vehicle. No commercially branded vehicle shall be parked on the street between the hours of midnight to 6:00a.m. Commercially-branded or graphically-altered vehicles shall have no more than 24 square feet total of commercial signage, and no single area on the vehicle can exceed 3 x 4 feet. Any commercial branded or graphically-altered vehicle exceeding that limit must either be parked in a completely enclosed structure or in a fully screened manner approved by the Committee.

2. Variances to Parking Restrictions.

a. Recreational Vehicles. A motor home, camping trailer or utility trailer while attached to the towing vehicle is permitted to park on the street or driveway overnight for the purpose of loading and one day for unloading the contents.

b. Short-Term/Unusual Situations. The Board may grant reasonable variances to the prohibited parking restrictions shown above. Variances must be in writing and may be based upon the reasonable discretion of the Board, including without limitation, any of the following reasons: medical conditions, unexpected emergencies or hardships, short-term bona fide visitors or guests, holiday and special occasions, construction projects, and/or additional time for loading or unloading motor homes, camping trailers, or utility trailers.

[1] For the purpose of the HOA, truck caps (aka toppers, the height which is consistent with the height of the cab) affixed to pickup trucks are not considered recreational vehicles or restricted vehicles.

x. Junk Vehicles– No unused, stripped down, wrecked, unlicensed, inoperable, or junk motor vehicle or sizable part thereof, shall be permitted to be parked on any street or on any Lot at any time in such a manner as to be visible from any neighboring property or street. An unused vehicle shall be any vehicle which is not properly licensed or registered or has remained immobile or otherwise non-operable for more than 48 hours.

y. Vehicle Maintenance – No maintenance, servicing, repair, dismantling, or repainting of any type of vehicle, boat, machine, or device may be carried on except within a completely enclosed structure which screens the sight, and prevents the sounds and odors, of the activity from the street and from adjoining property.

z. Garbage & Trash – No ashes, trash, rubbish, garbage, grass, or shrub clippings, scrap material, or other refuse, or receptacles or containers thereof, shall be stored, accumulated, or deposited outside or so as to be visible from any neighboring property or street, except during trash collection days. Trash containers shall be of a construction that restricts wildlife access. Trash containers shall be maintained and used in a manner that does not allow their contents to attract or be accessible to wild or domestic animals, including having lids secured, and containers without holes. All trash stored or placed outside for collection must be in an approved trash container. Unsecured trash in bags or open containers is discouraged.

Composting is allowed but must be in a composting bin/container. All composting bins/containers must have a secure cover. Composting may not be left in an open pile. Composting of household and kitchen refuse will be limited to organic matter that does not attract or entice wild animals. Specifically, no animal products or refuse shall be composted outdoors

aa. Offensive Activities – No noxious or offensive activity shall be carried on upon any Lot, or anything done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. No offensive or hazardous activities shall be permitted on any Lot or in any living unit. No annoying lights, sound, or odors shall be permitted to emanate from any property.

2. Landscape Standards

a. Landscape Concept – … Installation of the landscape as required by these Design Standards shall be completed by no later than six months following the date of possession of the property by the Owner or Homeowner. Landscape and irrigation plans shall be submitted to the Committee for review and approval the earlier of sixty (60)days following the possession date of the property by the Owner or Homeowner or at least thirty (30) days prior to the start of any landscape, hardscape, or irrigation construction. Any future landscaping projects must be completed within thirty (30) days from the start of construction unless a waiver is received from the Committee.

b. Weed Control – All yards, open spaces, and the entire area of every Lot on which no building has been constructed, shall be kept free from plants or weeds infected with noxious insects or plant diseases and from weeds which in the opinion of the Committee are unsightly or likely to cause the spread of infection or weeds to neighboring property. Yards are also to be kept free from brush or other growth or trash which in the opinion of the Committee causes undue danger of fire or is unsightly. In order to effect insect, weed, and fire control or to remove nuisances or unsightly conditions, the Committee has the right at its election to enter upon any Lot and to mow, cut, prune, clear and remove from the premises brush, weeds, or other unsightly growth, which in the opinion of the Committee detracts from the overall beauty, setting, and safety of the area, and to remove any trash.

d. Plant Material Standards – … Tree planting requirement for each residential lot or dwelling unit shall be a minimum of one evergreen tree and one deciduous shade tree. Both trees are to be located in the front yard of the property. It is the responsibility of the homeowner to maintain planted trees, shrubs, groundcovers, vines, and lawns so they are not intrusive on joining property lines. Trees and shrubs shall be planted with mature growth dimensions as identified by the nursery specifications. When planting, set back dimensions and property lines must be taken into consideration so growth may not be over the property lines. Trees planted within 4feet of a public sidewalk is not advised due to possible root damage to the sidewalk causing uneven surfaces. The homeowner is responsible for damage repair, root removal, or tree removal. Minimum sizes at time of planting shall be:

• Minimum size of evergreen trees: 8 feet in height measured from the soil surface immediately adjacent to the trunk and measured vertically to the tip of the highest living branch

• Minimum size of deciduous trees: 2-1/2 inch caliper measured at 6 inches above finished grade. ……

e. Hardscape Standards – … Stone or gravel mulch with harsh, unnatural, or high contrast colors shall be strictly prohibited. No stone or gravel mulch maybe used as a ground cover except in planting beds not to exceed 100 sq. ft. per bed. Large expanses of mulch or bed areas in excess of 10 square feet without significant plantings are unacceptable. ….

Sidewalks / Snow Removal

When parking a car in your driveway, make sure it does not block the sidewalk.

Please remember when you are shoveling your driveway to shovel your sidewalk as well. If someone is injured from a fall on the side walk in front of your home, you can be held liable for doctors/ hospital bills or possibly sued.

The Town of Monument has Ordinance 12.04.020 that states homeowners must keep sidewalks, gutters, curbs, free and clear of snow, ice, mud, dirt, debris, rubbish and filth. Failure to do so can result in a fine from the Town of Monument.

If you have any questions or complaints regarding landscape issues, please contact the Homestead Board of Directors by Email at board@homesteadhoa.org.

Let’s all work together to keep the Homestead development the pride of Jackson Creek.

Thank you.