HWCA Homeowner Bill of Rights

We the people of Hammerly Woods Condominiums respectfully ask the Hammerly Woods Condominiums Association Board of Directors (HWCA Board) to adopt the following "Homeowners' Bill of Rights." We feel this step is necessary and proper to protect HWCA homeowners from the overzealous creation of new regulations on the property and their overzealous enforcement by the association's hired maintenance company, Creative Management. In general, with some exceptions, we are content with the HWCA property's present appearance, and oppose new HWCA Board regulations that attempt to alter that appearance in ways that restrict homeowner freedom and creativity.

Hammerly Woods Condominiums
Homeowners' Bill of Rights

The Board of Directors of the Hammerly Woods Condominium Association ("the Association") hereby adopts the following Bill of Rights for owners of units on the Hammerly Woods property ("homeowners").

1. No homeowner shall be sent a notice of violation of community rules, standards, and restrictions ("rules") until at least 30 days after such a rule has been publicly announced. All new rules approved by the Association shall be publicly announced, at a minimum, by distribution to all homeowners via U.S. mail, by email for homeowners who have provided the Association with an email address, and by posting on the Association community website. The first notice sent to a homeowner of a violation should be a courtesy notice to allow for compliance, followed (if necessary) by enforcement notices.

2. Before the Association may finally enact a new rule to be binding upon homeowners, it must publicly announce the proposed rule and allow a 15-day comment period. Association board members are obligated to give due consideration to public comments before enacting a rule, and to modify the rule to address homeowner concerns to the extent that such modifications are practicable in pursuit of the Association's public interest.

3. For all new rules related to exterior/ visible architectural elements, decorative elements, landscaping, and personal property, a homeowner's existing configuration shall be considered to be "grandfathered in" as long as the original element exists and remains in place, to the extent that it is in compliance with previously enacted rules. The Association may send a homeowner a courtesy notice that their configuration does not comply with the new rule. The Association may, at its discretion, offer to remove, replace, or modify the element at its own expense. Homeowners will have the option of keeping the element as it is until it must be moved or replaced in the course of ordinary maintenance, modifying it themselves at their own expense, or allowing the Association to modify it. Once the element has been moved, modified, or replaced, it must be in compliance with the new rule. If a homeowner claims that an element has been in its current configuration prior to the enactment of a new rule, the burden of proof is upon the Association to disprove such a claim.

4. The Association shall approve a palette of colors for exterior trim and visible elements such as window trim, screens, and interior window coverings. Palettes must be selected to include a wide range of tasteful colors, with higher priority given to homeowner preference than to maintaining a unified appearance for the property. For elements maintained by the homeowner, they may install elements of any colors within the approved palette. For exterior trim paint, the Association will be responsible to repaint each unit at least once every fifteen (15) years. At the time the front of a unit is to be repainted, the homeowner shall be offered the opportunity to select the unit's colors from within the approved palette. Paint for units' rear siding will be a uniform color selected by the Association.

5. When the Association chooses to alter the landscaping in the planter bed in front of a unit, it shall consult with the homeowner to select plants from an approved list and to design their configuration, to the extent that the homeowner wishes to participate in the process. Existing plants should only be removed with the prior approval of the homeowner unless they present a safety hazard that cannot be mitigated by appropriate trimming, or are dead or visibly diseased.

6. The Association shall notify the homeowner in advance of any maintenance, repairs, or alterations that impact the unit and its immediate surroundings, except in emergency circumstances where action must be taken immediately to remove a safety hazard or prevent the need for a more costly repair. Whenever possible, the Association will take into consideration homeowners' preferences and concerns regarding such alterations.

7. If the Association must make alterations or repairs that require access to the inside of a unit, the homeowner must be notified in advance of the day or days the work will take place. If the homeowner is unable to be present to provide access to the unit, the Association should provide the homeowner with a secure means of providing a house key to the workers who will enter the unit (such as a lockbox). The Association is responsible for relaying instructions to the workers on how to gain access to the unit. The Association is also responsible for repairing any common or privately owned elements that are damaged in the course of repairing common elements, including asbestos abatement if necessary.

8. The Association will provide homeowners with a meeting agenda for each board of directors meeting at the same time and by the same means they use to notify homeowners of the meeting.