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ROYAL HIGHLANDS STREET AND LANDSCAPE MAINTENANCE CORPORATION
AMENDED RULES & REGULATIONS
ROYAL HIGHLANDS STREET AND LANDSCAPE MAINTENANCE CORPORATION, a Nevada non-profit corporation (the "Association"), acting by and through its Board of Directors (the "Board") hereby adopts and promulgates these AMENDED RULES
& REGULATIONS (the "First Amended Rules") as of this 10th day of
September , 2013.
WHEREAS, the Association was formed on November 5, 2001, by the filing of the Articles of Incorporation of the Association in the Office of the Nevada Secretary of State;
WHEREAS, the Association was formed to operate and maintain that certain real property commonly known as Royal Highlands (the "Community");
WHEREAS, the Board is responsible for operating the Community in accordance with the provisions set forth in the Supplemental Declaration of Covenants, Conditions, and Restrictions and Grant and Reservation of Easements of Royal Highlands Street and Landscape Maintenance Corporation (the "Declaration"), which was recorded in the Office of the Clark County Recorder's Office on November 7, 2002, in Book Number
20021107, as Instrument Number 01762;
WHEREAS, the Board is also responsible for operating the Community m accordance with the provisions set forth in the Association's Bylaws;
WHEREAS, pursuant to its authority under the Declaration and the Bylaws, on or about December 11, 2007, the Board adopted Rules & Regulations (the "Initial Rules") for the operation and administration of the Association;
WHEREAS, pursuant to Article I, Section 1.3 of the Initial Rules, the same may be amended from time to time by a majority vote of a quorum of the Board at any regular, legally constituted meeting of the Board;
WHEREAS, the Board desires to amend the provisions of the Rules pertaining to vehicles and parking; and
WHEREAS, the Board desires to adopt the following First Amended Rules.
NOW, THEREFORE, BE IT RESOLVED that the following First Amended Rules are hereby approved, adopted, and ratified and shall become effective thirty (30) days after distribution of the same to the homeowners:
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ARTICLE I INTRODUCTION
1.1 Authority to Adopt: Under Article 2, Section 2.2(g)(3) of the Declaration, the Board shall have the power to adopt Rules & Regulations for the governance of the Association. See also Bylaws, Article IV, Section 4.3(b).
1.2 Purpose: The First Amended Rules shall govern the use of the Community, including the Common Elements, the personal conduct of Members, Residents, and their Guests thereon, and are intended to supplement the Declaration. The First Amended Rules may address, but are not limited to, use of the Common Areas, signs, parking, property maintenance, and landscape maintenance.
1.3 Amendment: The First Amended Rules may be amended and/or supplemented at any regular, legally constituted meeting of the Board by a majority vote of a quorum as set forth in the Declaration and Bylaws. Amendments are permissible, provided that no amendment shall become effective until thirty (30) days after notice of said amendment is mailed or delivered to the Members.
1.4 Defined Terms: Capitalized terms not separately defined in these First Amended Rules shall have the meanings set forth in the Declaration.
1.5 Delivery of First Amended Rules: A copy of the First Amended Rules shall be delivered to each Member of the Association upon adoption of the First Amended Rules or upon purchase of a property within the Community, whichever occurs last. The First Amended Rules shall also be made available for viewing and copying at the office of the Association. Thirty (30) days after adoption and delivery of the First Amended Rules, they shall be binding on all Persons having any interest in or making any use of any part of the Community.
1.6 Non-Waiver: Failure of the Association to exercise any power or right, to enforce any of the First Amended Rules, or to exercise any remedy shall not be deemed a waiver of the right to do so thereafter. Additionally, it shall not be a waiver of the right to exercise the remaining First Amended Rules or the right to exercise any available remedy. Additionally, a decision by the Board to permit an activity or use shall not preclude a later decision by the Board to prohibit such activity or use, provided that the later prohibition is properly noticed and uniformly enforced with respect to all those similarly situated, subject to any "grandfathering" permitted by the Board.
MASTER GOVERNING DOCUMENTS
2.1 Defined: The Governing Documents of the Association (the "Governing Documents")
shall include the Declaration, as defined above; the Articles of Incorporation of the
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Association, which were tiled with the Nevada Secretary of State on November 5, 2001 (the "Articles"); the Bylaws of the Association, which were adopted on August 22, 2002; these First Amended Rules; the Penalty Policy and Procedure and the Assessment Collection Policy for the Association; and any other documents that govern the operation of the Association.
2.2 Conflict: The Governing Documents of the Association and the governing documents of Southern Highlands Master Association (the "Master Association") shall be construed to be consistent with one another to the extent reasonably possible. The inclusion of covenants, conditions, restrictions, uses, rules, regulations, and/or limitations in the Association's documents that are more restrictive than the equivalent provisions of the Master Association's governing documents are permitted and shall not be deemed to constitute a conflict with the Master Association's governing documents. If there is an irreconcilable conflict between the Governing Documents of the Association and the Master Association's governing documents, then the provisions of the Master Association governing documents shall control unless prohibited by law.
2.3 Owner Obligations: Owners are reminded that they are required to comply fully with both the Governing Documents and the Master Association governing documents, where applicable. Without limiting the foregoing, compliance with the Association's Governing Documents does not obviate, guarantee, or replace the requirement for compliance with the Master Association's governing documents, including, but not limited to, compliance with architectural review and approval requirements.
SIGNS, FLAGS, AND DECORATIONS
3.1 Request for Approval: Any sign, flag, flagpole, banner, decoration or other exterior addition or visible object that is posted, erected, planted, hung, or otherwise displayed on any Lot in a manner that is visible from the Common Elements, streets, or neighboring properties must comply with the standards and requirements of the Master Association. Any and all variances to the foregoing rule that are granted by the Master Association, in writing, must be submitted to the Royal Highlands Association as soon as practicable, but in no more than 14 days of receipt.
3.2 Community Garage Sale: No garage sale, yard sale, or other similar or related signage may be displayed at any time unless specifically authorized by the Board of Directors. The Board of Directors in conjunction with the management team will advertise and host up to two garage sales per year. Owners and Residents will be notified well in advance. Garage Sales will not be permitted during any other time and security will not allow entrance of vehicles wishing to shop at said sales unless during the pre-approved garage sale periods. Owners will be responsible for damages caused by any improperly installed stgn.
3.3 For Sale or Lease and Open House Signs: An Owner may display one (l) approved "for sale" or "for lease" sign on his or her Lot as managed and controlled by the Master
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Association. As set forth in the Master Association Rules and Regulations, specific signs are made available and approved by the Master Association. Any variance to this rule granted by the Master Association, in writing, must be provided to the Royal Highlands Association as soon as practicable, but in no more than 14 days of receipt.
3.4 Political Signs: Each Member or Resident may display political signs in the front yard of the Lot and in the windows of the Residence on the following terms and conditions:
(a) All political signs exhibited must not be larger than 24 inches by 36 inches.
(b) If a Lot is occupied by a Tenant, the Owner may not exhibit any political signs on the Lot, unless the tenant consents in writing.
(c) All political signs are subject to all applicable laws for displaying, posting and removing the political signs.
(d) An Owner or Resident may exhibit as many political signs as desired, but may
not exhibit more than one political sign for each candidate, political party or ballot question.
3.5 Security Signs: An Owner is not required to seek Board approval for the reasonable display of one (1) security sign in the front yard. The sign must be connnercially designed and intended to relate primarily to security and not to commercial advertisement. However, such security signs shall not exceed eleven (11") inches in height and eight (8") inches in width, and they shall not be placed higher than two and one half feet (2 1/4') from existing grade to the top of the security sign. In addition, an Owner may display one reasonably sized, commercially printed, security sticker in each window of the Residence as the Owner deems necessary.
3.6 Flags: One (1) American flag may be displayed at any time, without Board approval, as long as it is displayed in accordance with Nevada law, which has adopted the Federal Flag Act, as codified at U.S.C. Chapter 1. See NRS 116.320. The size of the flag, the manner in which it is displayed and the illumination of the flag at night is governed by the Federal Flag Act. However, no flag may be displayed in such a manner as to be a nuisance to any Resident or interfere with the quiet use and enjoyment of any other Residence in the Community.
(a) Flag Poles: Free-standing flagpoles are not pe1mitted without the approval of the
Board or its duly appointed designee.
3.7 Holiday Decorations: Lights or other decorations may be placed, erected, or displayed on a Lot in commemoration or celebration of publicly observed holidays without the approval of the Royal Highlands Board and in accordance with the terms and conditions of the Master Association Rules and Regulations subject to the following:
Such lights or decorations may not unreasonably disturb the quiet use and enjoyment of
Owners of adjacent Lots by illuminating bedrooms, creating noise, or attracting sight-seers.
Holiday lights or decorations relating to any publicly observed holiday between
December 1st and December 31st of any year may not be displayed before November 15th of the same year. Otherwise, holiday lights or decorations relating to any other publicly observed holiday may not be displayed more than fourteen (14) days in advance of the respective holiday.
All lights and other decorations that were not permanent fixtures at the time of original construction or have not been approved as permanent improvements by the Board or its du1y appointed designee shall be removed no more than fourteen (14) days after completion of the holiday or other reason for installation.
ARTICLE IV VEHICLES AND PARKING
4.1 Enforceability: The following vehicle and parking rules are adopted pursuant to the Declaration, which acts as a binding contract between the Association and each Owner or Member. The streets within the Community are owned and controlled by the Association and, as such, are private streets subject to regulation. In accordance with Nevada law, these parking rules may be enforced on any street, cui de sac, or other road within the Association.
4.2 Definitions: The following definitions, which are listed in alphabetical order, shall apply to these vehicle and parking ru1es:
(a) Excess Vehicle: "Excess Vehicle" shall mean and refer to those Vehicles regularly seen within the Association that are operated, owned, or otherwise controlled by an Owner or Resident and that exceed the maximum capacity of that Owner's or Resident's garage and driveway.
(b) Garage: "Garage" shall mean and refer to the place or area attached or detached to a Residence on a Lot that was originally constructed by the Builder, or later
approved by the Master Board, for the purpose of sheltering, parking, and/or storing Vehicles.
(c) G uest: "Guest" shall mean and refer to any person who is visiting the Residence,
which shall include any person who does not occupy, inhabit, or stay overnight in the Residence for more than seven (7) days, whether consecutive or not, in any single month.
(d) Inoperable Vehicle: "Inoperable Vehicle" shall mean and refer to any Vehicle that is not currently and validly registered as provided under the laws of the State of Nevada or the applicable state jurisdiction (provided that any Vehicle not
required by law to be currently and validly registered shall also be deemed to be Inoperable), or any Vehicle from which the engine, wheels or other essential parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the Vehicle is incapable of being driven under its own power.
(e) Oversized/Commercial Vehicle: "Oversized/ Commercial Vehicle" shall mean and
refer to any Vehicle that is: (1) too large to fit completely within a Garage with the Garage door completely closed; (2) larger than one ton in size; (3) displays commercial signage and/or is obviously designed for commercial use (e.g.,
plumbing trucks, flat beds, trucks with ladders, trailers, cleaning equipment or supplies), as determined by the Board, in its sole and absolute discretion, or the Board's duly appointed designee.
(f) Recreational Vehicle: "Recreational Vehicle" shall mean and refer to any Vehicle
used for recreational purposes as determined by the Board in its sole and absolute discretion, or the Board's duly appointed designee including, but not limited to, a camper unit, house car, RV, or motor home; trailer, trailer coach, or camp trailer; watercraft, jet ski, canoe, kayak, or boat; four wheel, off-road vehicle, all-terrain vehicle, or dune buggy; or aircraft.
(g) Vehicle: "Vehicle" shall mean and refer to any means in or by which someone or
something is carried or conveyed; a means of transportation; any device, equipment, item, or thing designed, manufactured, modified, operated, kept, or intended to transport persons and/or things, whether presently mobile or inoperable.
4.3 Violation of Law: No Member, Owner, Guest, or other person shall operate, repair, use, store, or park any Vehicle within the Association in a manner that constitutes a violation of any law or ordinance, including, but not limited to, Nevada Revised Statutes or the Clark County Code.
4.4 Driveway Overhang: No Vehicle, whether owned or operated by an Owner, Resident, Guest, vendor, or invitee shall be parked in the driveway so as to overhang the allowable space and impede the flow of traffic on a street or sidewalk. Obstruction of the street and/or sidewalk in any manner is a health and safety hazard for the Owners, Residents, and visitors to the Community.
4.5 Flow of Traffic and Roundabouts: No Vehicle, whether operated by a Resident, Guest, Owner, vendor, or invitee, shall travel in the left hand lane for any reason whatsoever. Traffic must travel on the right side of the road when crossing through a roundabout. It shall be deemed a health and safety violation to travel in the oncoming (left hand) lane for any reason at any time. Additionally, no Owner or Resident shall park any Vehicle in a manner that impedes the natural flow of traffic or improperly obscures the visibility of any other driver.
4.6 Direction of Vehicle During Travel and Stop: All vehicles that are operated or parked in the Association shall follow the standard laws of traffic, which require travel and parking on the right hand side of the road.
4.7 Garages: Garages shall be used only for their ordinary and intended purposes. No Owner or Resident shall use or modify the originally installed Garage so as to preclude, limit, hinder, or interfere with regular and normal parking of Vehicles therein. Additionally, nothing may be done in the Garage so as to constitute, cause, or result in a nuisance to the Association or its Members. Vehicles operated by Owners and Residents shall regularly and normally be kept within one's Garage, although nothing herein prevents an Owner or Resident from parking a Vehicle in the driveway in accordance with the provisions set forth in Section 4.4 of this Article IV. Guests and Vendors are pe1mitted to
park on the sidewalk side of the streets from 7:00 a.m. to 7:00 p.m. unless marked with "No Parking" signage. Owners and Residents must park their Vehicles within the Garage or driveway at all times. Repair and restoration of an Owner's or Resident's Vehicles within the Community is not permitted, unless wholly within the Owner's and/or Resident's garage.
4.8 Parking of Excess Vehicles: The Community is located within Zone B of the Master Association and, therefore, parking of Excess Vehicles is prohibited on the streets. Residents who desire to regularly park or keep Excess Vehicles on the streets within the Community are required to apply to the Board for prior written approval. Requests for a variance regarding this rule will only be reviewed by the Board after presentation of a written variance from the Master Association.
(a) Individuals seeking approval must submit all information or evidence required and requested by the Board or its duly appointed designee during its consideration of the request.
(b) Application for approval will only be considered if such street parking shall not in
any way protrude into or obstruct any sidewalks or impede traffic on any streets. Determination of such protrusion or impediment shall be made by the Board in its sole and absolute discretion, or the Board's duly appointed designee.
(c) Individuals seeking approval to park Excess Vehicles must agree to post or place stickers or vehicle tags in or on the Excess Vehicles if so required by the Board.
(d) The Board will only consider allowing Excess Vehicles to be parked on the
private streets if there are extenuating factors including, but not limited to, disabilities that require street parking.
(e) Notwithstanding the foregoing, no individual will be permitted to store or park an
Excess Vehicle on the street for any uninterrupted period exceeding seventy-two
(f) The Board shall ultimately have the sole decision making power as to the
granting of the right to park Excess Vehicles on the street, and such decision shall be consistent with the Governing Documents of the Association and the Master Association.
(g) The Board may further limit or prohibit any parking of Excess Vehicles if it is determined that such parking constitutes, causes, or results in a nuisance or a threat to the health, safety, or welfare of the Residents of the Conm1unity.
4.9 Guest Parking: Guests may only park non-Commercial, non-Recreational passenger Vehicles on the sidewalk side of the streets unless marked with "No Parking" signage. However, no Guest may park his or her Vehicle on the streets for greater than seventy two (72) consecutive hours and no Vehicle may park in the cul-de-sacs or roundabouts.
4.10 Speed Limit: Vehicles operating within the Association must obey all posted speed limit signs on all public rights of way and observe a speed limit of twenty (20) miles per hour on all surface streets. Speeding is a t1n·eat to the health, safety, and welfare of the Residents and Guests in the Community and will not be tolerated.
4.11 Side yard and Backyard Parking: No person shall park, store, or keep on any side yard or in any backyard any Vehicle or similar item as defined in Subsection 4.2 above. Notwithstanding the foregoing, Recreational Vehicles may be parked on the side yard of a Lot behind a gate subject to the following restrictions:
(a) No part of the Recreational Vehicle shall be higher than the fence line or gate line, and no part of the Recreational Vehicle shall be reasonably visible from any immediate neighbor's property or from any Common Element or street abutting the Lot;
(b) Appropriate gate screening must be used to block the view of any Recreational
Vehicle from any Common Element, abutting property, or adjacent street;
(c) The Board or its duly appointed designee may, in its sole discretion, revoke the right to park Recreational Vehicles in all or any side yard(s) including, but not limited to, continued parking of any Recreational Vehicle previously parked in a side yard;
(d) There shall be absolutely no waiver or presumption of right created by virtue of
Recreational Vehicles being previously permitted in the side yard or back yard of
the subject Lot or other Lots; and
(e) In no event shall any of the foregoing be interpreted to permit any parking or other activity contrary to any applicable law or ordinance.
4.12 Further Limitation on Parking: Notwithstanding the foregoing, the Board or its duly appointed designee reserves the right to further limit or prohibit parking if either body determines such parking constitutes, causes, or results in a nuisance or a threat to the health, safety, and welfare of the Resident and Guests in the Community.
4.13 Oversized/Commercial Vehicles: Oversized or Commercial Vehicles may not be parked for any period of time within the Association unless they are permitted by law or deemed to be Commercial Vehicles present for delivery or service purposes. The Oversized or Commercial Vehicle may only be parked during the period necessary for delivery or service. If parking of a Commercial Vehicle is permitted by Nevada law, Owners shall present proof of compliance with the terms of the controlling statute.
4.14 Recreational Vehicles: Recreational Vehicles may not be operated within the Association or stored on any street therein at any time, except when being transported to or from storage in the Owner's or Resident's Garage. Loading and unloading of Recreational Vehicles may not exceed the time necessary to complete the task, and in no event shall such loading or unloading exceed twenty-four (24) hours. No Vehicles, Recreational or otherwise, are to be driven or operated on any portion of unimproved or vacant property within the Community.
4.15 Vehicles with Transponders: Owners and Residents of the Association are provided with transponders in order to provide vehicular access into the Association. Any Vehicle with a visible transponder therein is presumed to be owned or operated by an Owner or Resident. As such, all Vehicles with visible transponders are subject to the parking limitations set forth in Section 4.7 of this Article IV.
4.16 Towing: Any Vehicle that is parked in violation of the rules set forth herein shall be towed in accordance with Nevada law. The Vehicle will be tagged forty-eight (48) hours prior to towing unless the Vehicle is blocking a fire hydrant, fire lane, or parking space for the handicapped or the Vehicle poses an imminent threat of causing a substantial adverse effect on the health, safety, or welfare of the Owners or Residents of the Community. Owners of towed Vehicles will be responsible for all expenses incured for such towing.
4.17 Driveways: Fluid leaks from Vehicles shall be deemed unsightly and may be a danger to the health, safety, and welfare of the Association and its Members. Any oil, rust, fluid, or similar stain must be removed immediately from all Common Elements including, but not limited to, walkways, streets, and sidewalks. If such stains are not removed, the Association may remove the same at the Owner's expense. Drip pans may be used to prevent leaks but must be stored in the Garage or out of sight when not in actual use.
4.18 Tailgating: No Owner, Resident or Guest entering the Community shall run the gate or gate arm, tailgate behind another driver, piggyback behind another driver, or otherwise enter the Community in a manner that violates the one Vehicle per interval protocol. Only one Vehicle may travel through the gate for each time that the gate arm is lifted or each time the gate opens when no gate arm is used. Tailgating and piggybacking may result in damage to the gate and/or Vehicle. Violations of this provision may result in trespass citations, fines, and /or towing. Owners are responsible for the actions of their tenants, Guests, vendors, and tenants' Guests as set forth in Nevada law.
5.1 Waste Removal: Each Owner or other person having custody or control of any animal shall not permit said animal, either willfully or through failure to exercise due diligence, to excrete any solid waste upon any Common Element. No violation of this section shall occur if the Owner of the offending animal promptly, properly, and voluntarily removes the solid waste.
5.2 Restraint and Control: Each Owner having custody or control of any animal that is outside the Lot shall, at all times, cause said animal to be controlled by an appropriate and reasonable leash or restraint. Animals must always be controlled by an individual of suitable age and strength.
(a) No Owner or person having possession or control of any animal, shall cause, permit, or allow the animal to stray, run, or in any manner be at large.
(b) Every Owner of any dog, cat, or other animal shall keep the animal restrained by a fence, cage, chain, leash or other adequate restraint so that the animal cannot leave or escape from the Lot and enter the Common Element.
(c) Any animal found running at large, not restrained, or not kept as required pursuant to permit shall be subject to impoundment. If an animal is reported to animal
control for impoundment, such animal shall be kept pursuant to the terms and conditions of animal control, and the Community shall not be responsible for the impoundment or any charges incurred there from.
ARTICLE VI MISCELLANEOUS
6.1 Harassment and Mistreatment: No individual will be permitted to behave or act in such a manner as to aggressively bully, intimidate, threaten or otherwise harass any person on the Property including, but not limited to, Owners, Guests, employees of the Association, agents of the Association, including security guards and management staff, or any member of the Board of Directors or its duly appointed committees. Such activity will be deemed a nuisance that threatens the health, safety, and welfare of the Community. Mistreatment includes, but is not limited to, yelling, cursing, threatening, hitting, failing to follow instructions, and otherwise disrupting the flow of business.
6.2 Posting of Announcements: No Owner or Resident shall post, attach, or otherwise affix material, advertisements, announcements, notices, or other paper to any common area, mailbox, light post, gate or other structure without the express written permission of the Board of Directors.
6.3 Damage to Common Area and Vandalism: No Owner or Resident shall undertake or condone any action, whether intentional or unintentional that shall result in damage or destruction, of any kind, to any common area or element, including but not limited to the gates, gate arms, security can1eras, gate house, speed bumps, light posts, iron fence posts, and any other structure owned and/or controlled by the Association. Violation of this rule may result in fines and I or assessment of the cost of repair or replacement.
6.4 Carriage Lights: The carriage lights in front of and on each Lot provide the main source of illumination for the streets of the Community. As such, failure to maintain the lights can and may result in a safety issue for the Community. No Owner or Resident shall allow the carriage light on the applicable property to fall into disrepair or become inoperable. Carriage Lights must be operational and illuminated during dusk and nighttime hours.
6.5 Pedestrian Gates: No Owner or Resident shall use any doorstop, rock, tether or other method to block and/or obstruct the Pedestrian Gates from Closing. Failure to abide by this regulation permits unauthorized access to the Community, which creates a safety and secmity issue.
6.6 Renters: Each record Owner of a property is responsible for the actions or inactions of his or her tenant and shall be responsible for any fines, penalties, or costs incuned as a result of said tenant or tenant's Guests and vendors. No Owner shall be absolved of
financial liability or fines as a result of action undertaken by his or her tenant without the knowledge or consent of the Owner. Each Owner is responsible for providing a copy of these First Amended Rules and Regulations and any updates to all current and prospective tenants.
ARTICLE VII ENFORCEMENT OF RULES
7.1 Penalty Policy and Procedure: Any and all violations of these First Amended Rules and/or other governing documents of the Community will be subject to action and penalties as provided in the Association's Penalty Policy and Procedure adopted and amended by the Board of Directors. This may include the imposition of tines and the suspension of voting rights or other privileges, subject to applicable law.
THE FOREGOING AMENDED RULES & REGULATIONS ARE HEREBY ADOPTED BY THE BOARD OF DIRECTORS OF ROYAL HIGHLANDS STREET AND LANDSCAPE MAINTENANCE CORPORATION ON THE DATE FIRST ABOVE WRITTEN.
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