Greetings:
As I hope you already know, Cedar Brook is governed by a set of rules called covenants. The reason we have these rules is to keep all of our property values high reduce the likelihood of any problems in the neighborhood.
For instance, our neighborhood rules spell out what sort of activities aren't allowed in Cedar Brook, like raising livestock or breeding animals. But they also provide guidelines for maintaining our homes.
A neighborhood that doesn't keep up on maintenance and "lets itself go" is a like a welcome sign for unsavory elements and criminal activity. And such conditions would make it much more difficult to sell your home at a fair price if you ever choose to move.
So I'm posting the highlights of the covenants, and the bylaws of the homeowners association below. Please take a look at these and become familiar with them. If you have any questions or concerns about the covenants or the neighborhood, please send an e-mail to cedarbrookhoa@gmail.com.
Cheers,
Josh
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF CEDAR BROOK, A SUBDIVISION IN DOUGLAS COUNTY, NEBRASKA, AS FILED WITH THE REGISTER OF DEEDS.
Description of neighborhood established by HearthStone Homes, Inc. on Dec. 16, 1999:
Lots 1-201 inclusive, and Outlots “A” and “B”, inclusive, in Cedar Brook, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska. Such lots are hereafter referred to collectively as the “lots” and individually as each “lot.”
Purpose of the covenants:
All homes in Cedar Brook are subject to the following restrictions, covenants, conditions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the lots, and the enjoyment of the residents of the lots. These restrictions, covenants and conditions shall be binding upon all parties having or acquiring any right, title or interest in each lot, or any part thereof.
ARTICLE I.
A. The lots in Cedar Brook shall be used only for single-family purposes and for accessory structures incidental to residential use or for park, recreation, church or school purposes.
B. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon that may be or become an annoyance or nuisance to the neighborhood.
C. No trailer, basement, tent, shack, garage, barn or other outbuildings erected on said real estate shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
D. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes.
E. 1) No junk cars or unlicensed motor vehicles of any kind, or boats, trucks, trailers or car bodies shall be stored, parked, kept or maintained in any yards or on any driveways or streets.
2) Outside trash containers are prohibited unless enclosed in a full fenced-in area.
3) Fences may only be located around the perimeter of the rear yard and not extend any closer to the front lot line than the front yard’s building setback line.
4) All cars parked in any driveway or on any street must be in running condition with all tires inflated and no outside repair of any automobile will be permitted.
F. No outside radio, television, Ham broadcasting, Earth station, Satellite Dish (larger than 18 inches in diameter) or other electronic antenna or aerial shall be erected or placed on any structure or on any lot. If used, any such antenna or aerial shall be placed in the attic of the house, or in any other place in the house where it will be concealed from public view from any side of the house.
G. Portland concrete public sidewalks, four-feet-wide, shall be constructed in front of each built upon lot and along the street side of each built upon corner lot. The sidewalk shall be placed four feet back of the street curb line.
H. The applicable zoning ordinances of the public agency having zoning authority shall determine the minimum area of building plot and minimum front, side and rear setbacks.
I. HearthStone Homes, Inc., its successors and/or assigns shall be allowed to operate and maintain model homes in the subdivision. This right does not expire with the sale of the last buildable lot in the subdivision.
J. Notwithstanding the provisions of Paragraphs “A” and “H” the restriction provisions for lot use. Lot area, sideyards, and front yard shall automatically be amended if the public agency having zoning authority shall determine and permit a lesser area, a lesser distance or a different use either by means of rezoning or the granting of waivers or special use permits.
K. The covenants and restrictions of this declaration shall run with and bind the land for a term of 20 years from the date of the declaration. This declaration can be amended by an instrument signed by the owner or owners of not less than seventy-five percent of the lots covered by this declaration.
L. If a fence is constructed on the subject lots, the owner of any such lot shall at his sole expense maintain and keep such fence in good order, including removal of graffiti and the prevention of placing signs, banners, or any such thing on the fence, and repair and replace the same with the same style and equal quality fence when and if reasonably necessary.
M. Nothing herein contained shall in any way be constructed as imposing upon the developer or any of the undersigned any liability, obligation or requirement to enforce this instrument or any of the provisions contained herein.
ARTICLE II
HOMEOWNERS ASSOCIATION
A. NAME, PURPOSE AND LOCATION
The name of the corporation is Cedar Brook Homeowners Association Inc., hereinafter referred to as the “Association”. The specific purposes for which the Association is formed are to provide for the acquisition, construction, maintenance, preservation and replacement of Common Area and Common Area Improvements, as defined in the Declaration of Covenants, Conditions and Restrictions of Cedar Brook, a Subdivision in Douglas County, Nebraska. The principal office of the corporation shall be as designated by the Board of Directors from time to time, and meetings of members and directors may be held at such places with Douglas County, Nebraska, as may be designated by the Board of Directors.
B. DEFINITIONS
All terms shall be defined in accordance with the definitions contained in the Declaration of Covenants, Conditions and Restrictions of Cedar Brook, a Subdivision in Douglas County, Nebraska.
C. MEMBERSHIP
Section 1: Membership _ The membership of the Association shall consist of the record owners of all lots now or hereafter encumbered by the Definition of Covenants, Conditions and Restrictions of Cedar Brook, recorded of record in the office of the Register of Deeds of Douglas County, Nebraska, including but not limited to Lots 1 through 101, inclusive, all in Cedar Brook, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska. Membership in the association shall be mandatory and no Owner during his ownership of a Lot shall have the right to relinquish or terminate his membership in the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.
Section 2: Succession _ The membership of each Owner shall terminate when they cease to be an owner of a lot, and their membership in the Association shall automatically be transferred to the new Owner succeeding to such ownership interest.
D. MEMBERSHIP MEETINGS
Section 1: Annual Meeting _ The annual meeting of the Association shall be held at the office of the Association during the month of January on the second Tuesday in each year, commencing at 4 p.m., or such other time or place as may be designated by the Association's Board of Directors. Each annual meeting shall be for the purpose of electing Directors and transacting any other business authorized to be transacted by the members. If the date set for the annual meeting of the membership is a legal holiday, the meeting will be held at the same hour on the first day following such legal holiday.
Section 2: Special Meetings _ Special meetings shall be held whenever called by the President or Vice-President or by a majority of the Association's Board of Directors, and must be called by such officers upon receipt of a written request from members entitled to cast one-third of the votes of the entire membership.
Section 3: Notice of Meetings _ Notice of all meetings, stating the time, date, place and purpose for which the meeting is called shall be given by the President or Vice-President or Secretary, unless waived in writing. Such notice shall be in writing to each member at the last known address shown on the records of the Association and shall be mailed at least ten (10) days but no more than sixty (60) days prior to the date of the meeting. Proof of such mailings shall be made by affidavit, duly executed by the person giving the notice. Notice of meetings may be waived before or after any such meeting.
Section 4: Quorum _ A quorum at any meeting shall consist of 51 percent of the votes entitled to be cast by the members. If any meeting of the members cannot be organized because a quorum has not attended, the members present either in person or by proxy, may adjourn the meeting for at least 10 days, and adequate notice of the new date shall be given as described in Section 3 of this Article.
Section 5: Voting _ The Association shall have two classes of voting members, Class A members and Class B members, defined as follows:
Class A: Class A members shall be the owners of all lots other than that lots owned by Declarant or Lots which are subject to a mortgage or deed of trust in favor of declarant. Each Class A member shall be entitled to one vote for each lot owned. When there shall be more than one person or entity holding an interest in any lot, all such persons or entities or both, shall determine, but in no event shall more than one vote be cast with respect to any one lot.
Class B: Class B members shall be the owners of all lots owned by declarant or lots which are subject to a mortgage or deed of trust in favor of declarant. Each Class B member shall be entitled to twenty votes for each lot owned. Each Class B member shall be entitled to one vote for each lot owned upon the occurrence of the first of the following dates:
(a) The date on which the total votes outstanding in the Class A membership shall equal the total votes outstanding shall equal the total votes outstanding in the Class B membership, or
(b) January 1, 2010.
Except for the declarant, no owner shall be eligible to vote, either in person or by proxy, if that owner is shown in the books or management accounts of the association to be more than 60 days delinquent in any payment due the association.
Section 6: Proxies _ Votes may be cast in person or by proxy as provided in the act.
E. BOARD OF DIRECTORS
Section 1: Number _ The business of the association shall be managed by a board of directors of at least three directors nor more than five directors, who shall serve without compensation. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties as a director. The declarant shall have the right to appoint or remove any officer of the association, or any member of the board of directors until the date on which the total votes outstanding in the Class A membership shall equal the total votes outstanding in the Class B membership, or January 1, 2010, whichever occurs first.
Section 2: Term of Office _ Other than directors appointed by declarant, the directors shall be elected as provided in this declaration. Until termination of the declarant's right to appoint officers and directors, the terms of each director appointed by the declarant shall be one year. Thereafter, directors not appointed by the declarant shall be elected for terms staggered on a one-, two- and three-year basis. One director shall be elected for one year, one director shall be elected for two years, and one director shall be elected for three years. After the initial term of each such director, all thereafter, directors shall be elected for three-year terms. The initial term of each director above three directors, shall initially be determined by the declarant or, if declarant no longer is empowered to appoint directors, then the initial terms of such directors greater than three shall be determined by those directors then serving. Each director shall serve for the term set forth herein above and until his or her successor is duly elected and qualified, or until removed from office as provided herein.
Section 3: Qualifications _ Each director shall be a member. If a director shall cease to meet such qualifications during their term, he will thereupon cease to be a director, and his place on the board shall be deemed vacant. The requirements of this section shall not apply to directors appointed by the declarant.
Section 4: Removal _ Other than the directors appointed by the declarant, any director may be removed from the board, with or without cause, by concurrence of a two-thirds majority of the votes cast by the quorum present at any regular or special meeting of the association called for that purpose.
Section 5: Vacancies _ In the event of the death, resignation or removal of a director, their successor shall be selected by a majority of the remaining members of the boards and shall serve for the unexpired term of their predecessor.
F. NOMINATION AND ELECTION OF DIRECTORS
Section 1: Nomination _ Nomination for election to the board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting by a member in good standing. The nominating committee shall be appointed by the board of directors at least 60 days prior to each annual meeting and shall serve until such annual meeting has been concluded. The nominating committee shall make as many nominations for election to the board as it shall, in its discretion, determine but not less than the number of vacancies that are to be filled.
Section 2: Election _ The election shall be by ballot (unless dispensed with by unanimous consent) and by a plurality of votes cast. Each person entitled to vote may cast his vote for each of as many nominees as there are vacancies to be filled. There shall be no cumulative voting.
G. MEETING OF DIRECTORS
Section 1: Regular Meeting _ Regular meetings of the board of directors shall be held at such times and places which are determined, from time to time, by a majority of the association's board of directors. Notice of regular meetings shall be given to each director, personally or by mail, telephone or equivalent service, at least three days prior to the date of any regular meeting. Notice of meeting may be waived before or after any such meeting.
Section 2: Special Meetings _ Special meetings of the board of directors may be held at the request of the president, vice-president or secretary, and must be held at the written request of two-thirds of the directors. Notice of special meetings shall be given to each director, personally or by mail, telephone or equivalent service, at least five days prior to the date of any special meeting. Such notice shall state the time, date, place and purpose of the special meeting. Notice of meeting may be waived before or after any such meeting.
Section 3: Quorum _ A quorum at director's meetings shall consist of 50 percent of the votes of directors entitled to be cast. The acts approved by a majority of those directors present at any meeting at which a quorum is present shall constitute the acts of the association, except where approval by a greater number of directors is required by the declaration or these by-laws. If at any meeting of the board of directors less than a quorum is present. Upon reconvening an adjourned meeting, any business called may be transacted without the necessity of providing any further notice.
H. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1: Powers _ The board of directors shall have the power to:
(a) Elect and remove the officers of the association;
(b) Suspend the right of a member to vote during any period when such member shall be in default in the payment of any assessments levied by the association. Such right may also be suspended after notice and hearing, for a period not to exceed 90 days, for infraction of published rules and regulations promulgated by the board;
(c) Engage the services of an agent, independent contractors or employees as they deem necessary to maintain, repair and replace the common area and common area improvements, and manage all other affairs and business of the association for all of the members, upon such terms and for such compensation as the board may approve. Any agreement for the services of any such agent, independent contractor or employee shall provide for termination by the association with or without cause, and without payment of a termination fee, upon 30 days' written notice, and no such agreement shall be of a duration in excess of one year, renewable by agreement of the parties for successive one-year periods;
(d) Maintain, keep in good repair and upkeep, and replace, as a common expense assessed in accordance with this the declaration, the common area improvements, as such repairs are required or necessary for the preservation of the same;
(e) Declare the office of a member of the board to be vacant in the event such member shall be absent from three consecutive regular meetings of the board;
(f) Exercise for the association all powers, duties and authority vested in or delegated to the association and not reserved to the members by other provisions of these by-laws, the articles of incorporation or the declaration; and
(g) To do everything necessary, proper, advisable and convenient for the accomplishment of the purposes hereinabove set forth, and to do all other things incidental thereto or connected therewith which are permitted under the nonprofit corporation act and which are not forbidden by the laws of the state of Nebraska or by the articles of incorporation or these by-laws only in furtherance of and subject to its corporate purposes.
Section 2: Duties _ It shall be the duty of the board of directors:
(a) To cause to be kept a record of all acts and corporate affairs;
(b) To supervise all officers, agents and employees of this association, and to see that their duties are properly performed;
(c) As more fully provided herein and in the declaration:
(i) To fix the annual amount of each assessment against each lot at least 30 days in advance of each annual assessment period, and
(ii) To send written notice of any change in assessment to every owner subject thereto at least 15 days in advance of each assessment period.
(d)To issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certificates shall be conclusive evidence of the payment of any assessment therein stated to have been paid;
(e) To procure and maintain adequate liability insurance on property owned by the association;
(f) To cause all officers or employees having fiscal responsibilities to be bonded; and
(g) To cause all other affairs and business of the association to be properly conducted and administrated.
I. OFFICERS AND THEIR DUTIES
Section 1: Enumeration of Officers _ The executive officers of the association shall consist of a president (who must also be a director), a vice president, treasurer and secretary.
Section 2: Election of Officers _ The election of officers shall be made by a majority vote of the board of directors at the first meeting of the board following each annual meeting of the membership.
Section 3: Term _ The officers of this association shall be elected annually by the board and each shall hold office for one year unless they shall sooner resign, or shall be removed, or otherwise become disqualified to service.
Section 4: Special Appointments _ The board may elect such other officers as the affairs of the association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the board may, from time to time, determine.
Section 5: Resignation and Removal _ Any officer may be removed from office with or without cause by the board. Any officer may resign at any time by giving written notice to the board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6: Vacancies _ A vacancy in any officer may be filled by a majority vote of the quorum present of the directors. The officer elected to such vacancy shall serve for the remainder of the term of the officer they replace.
Section 7: Multiple Offices _ Any two or more offices may be held by the same person, except the offices of president and secretary.
Section 8: Duties _ The duties of the officers are as follows:
(a) President: The president shall be the chief executive officer of the association, and shall supervise and control all of the business and affairs of the association. The president shall, when present, preside at all meetings of the members and all meetings of the board. The president may sign, with or without any other officer of the association as authorized by the board, contracts or other instruments which the board has authorized to be executed, except where the signing and the execution thereof shall be expressly delegated by the board or by these by-laws to some other officer or agent of the corporation or shall be required by law to be otherwise signed or executed. The president shall have the power to appoint and remove one or more administrative vice presidents of the association and such other assistants tot he various elected officers of the association as is necessary of the accomplishment of their duties. In general, the president shall perform all duties incident to the office of the president and such other duties as may be prescribed by the board.
(b) Vice-president: In the absence of the President, or in the event of the president's death, inability or refusal to act, the vice president, or if there is more than one vice-president, the senior vice-president, shall perform the duties of the president, and when so acting shall have all the powers, of, and be subject to, all the restrictions upon the president. Otherwise, such senior and other vice-presidents shall perform only such duties as may be assigned by the president or by the board.
(c) Secretary: The secretary shall keep the minutes of the meetings of the members and the board in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these by-laws, or as required by law; be custodian of the records of the association except those of the treasurer, keep or cause to be kept under their general supervision by a registrar or transfer agent appointed by the board, a register of the name and post office address of each member as furnished by such member; have general charge of the transfer books of the corporation; and in general perform all duties incidental to the office of the secretary and such other duties as may be assigned to them by the president or by the board.
(d) Treasurer: The treasurer shall have charge and custody of, and be responsible for, all funds and securities of the association; receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all monies in the name of the association in such banks, trust companies or other depositories as shall be directed by the board; shall sign all checks and promissory notes of the association except in those instances where the board has delegated the authority to sign checks to a managing agent employed by the association; shall keep proper books of account; shall cause an annual audit of the books of the association to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the members at the regular annual meeting of the members, and shall deliver a copy of such to the members. The duties of the treasurer may be performed by the managing agent.
Section 9: Committees _ The board shall appoint a nominating committee, as provided in the declaration, and shall appoint other committees as the board may deem appropriate to carry out the purposes of the association.
J. BOOKS AND RECORDS
The books, records and papers of the association shall at all times, during reasonable business hours, be subject to inspection by any member. The declaration, the articles of incorporation and the by-laws of the association shall be available for inspection by any member at the principal office of the association, a copy shall be provided initially for the owners of each lot and additional copies shall be made available for purchase by members at reasonable costs.
K. ANNUAL ASSESSMENTS
1. All Owners shall be obligated to pay the assessments imposed by the board of directors of the association to meet the common area expenses of the association. The common area expenses of the association shall be equally assessed among all of the lot owners. Annual assessments for the estimated common area expenses of the association shall be due in advance of the first day of January of each year. The method of assessment described herein may not be amended without the written approval of the declarant, so long as there is a class b membership or thereafter, the owners of two-thirds of the votes entitled to be cast.
2. Each lot owner’s personal obligation of payment of assessments shall be due on the first day of the month in which the closing of the purchase of said lot occurs.
3. Assessments shall be based upon the cash requirements deemed to be such aggregate sum the board of directors of the association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all estimated expenses growing out of or connected with the acquisition, construction, maintenance, repair, operation alterations and improvements of and to the common area and the common area improvements and for the creation of a reasonable contingency and reserve for the same.
4. The omission or failure to fix the assessment or deliver or mail a statement for any period shall not be deemed a waiver, modification or release of the owner’s personal obligation to pay the same.
5. Within thirty days after adoption of any proposed budget for the association, the board of directors shall provide a summary of the budget to all the lot owners, and shall set a date for a meeting of the lot owners to consider ratification of the budget that date shall not be less than 14 nor more than 30 days after the mailing of the summary. Unless at that meeting a majority of all the votes entitled to be cast, or any larger vote specified in the declaration, rejects the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the lot owners shall be continued until such time as the lot owners ratify a subsequent budget proposed by the board of directors.
L. ASSOCIATION LIEN FOR NON-PAYMENT OF COMMON AREA EXPENSES
1. All sums assessed by the association but unpaid for the share of common area expenses chargeable to any lot shall constitute a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens of the lot in favor of any assessing entity, and all sums unpaid on any mortgage filed of record prior to the filing of the declaration, including all unpaid obligatory sums as may be provided by such encumbrances. In the event of default in the payment of the assessment, the owner shall be obligated to pay interest at the maximum rate of interest allowable by law, on the amount of the assessment from due date thereof together with all expenses, including attorney’s fees incurred together with such late charges as provided by the by-laws of the association. To evidence such lien, the board of directors shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest, late charges and expenses, including attorney’s fees thereon, the name of the owner of the lot and a description of the lot. Such notice of lien shall be signed by one of the members of the association’s board of directors or by one of the officers of the association on behalf of the association and shall be recorded in the office of the register of deeds for Douglas County, Nebraska. Such lien shall attach and be effective from the due date of the assessment until all sums with interest and other charges thereon, shall have been fully paid.
2. Such lien may be enforced by the foreclosure on the defaulting of the owner’s lots by the association in the manner of a deed of trust or mortgage on real property upon the recording of a notice to claim thereof or by an action at law against the owner personally obligated to pay the same. In any such proceedings, the owner shall be required to pay the costs, expenses and attorney’s fees incurred, and in the event of foreclosure, all additional costs, all expenses and reasonable attorney’s fees incurred. The owner of the lot being foreclosed or subject to litigation shall be required to pay the association the monthly assessment for the lot during the period of foreclosure or litigation, and the association shall be entitled to a receiver during foreclosure. The association shall have the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey and otherwise deal with the same.
3. Any mortgagee holding a lien on a lot may pay, but shall not be required to pay, any unpaid Common Area Expenses.
4. The recorded lien may be released by recording a release of lien signed by one of the members of the association’s board of directors or by one of the officers of the association on behalf of the association and shall be recorded in the office of the register of deeds for Douglas County, Nebraska.
5. Notwithstanding any of the foregoing provisions, any mortgagee who obtains a title to a lot pursuant to the remedies set forth in its mortgage or deed of trust shall take title to the lot free and clear of all annual assessments levied thereon prior to such transfer of title and free and clear of all liens created as a result of such assessments.
M. ANNUAL DUES
1) Unless excess dues have been authorized by the members in accordance with section 12, below, the aggregate dues which may become due and payable in any year shall not exceed:
• One hundred twenty-five percent (125%) of the aggregate dues charged in the previous calendar year.
2) Dues are considered late if they remain unpaid on January 1 of the year after the year when they were originally assessed. Unpaid dues are billed 125% of the previous year’s dues if they remain unpaid on the following January 1.
N. ASSESSMENTS FOR EXTRAORDINARY COSTS
In addition to the dues, the board of directors may levy an assessment or assessments for the purpose of defraying, in whole or in part, the costs of any acquisition, construction, reconstruction, repair, painting, maintenance, improvement, or replacement of any common area or common area improvement, including fixtures and personal property related thereto and related facilities. The aggregate assessments in each calendar year shall be limited in an amount to $200 per lot.
O. EXCESS DUES AND ASSESSMENTS
With the approval of seventy-five percent (75%) of the votes entitled to be cast by the members of the association, the board of directors may establish dues and/or assessments in excess of the maximums established in this declaration.
