From Cloverdale Heights Homeowners Association, Inc. – archives
as found in collected documents from 1987-88 onward . . . that have taken place during meetings including Annual Meetings.
In compliance with DCCR Article XXII Section 22.1
definition: De facto “concerning fact.” In law, it often means “in practice but not necessarily ordained by law” or “in practice or actuality, but not officially established.” It is commonly used in contrast to de jure (which means “concerning the law”) when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation.
When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions “for all intents and purposes” or “in fact”.
referred by council thru wikipedia
document locations in process1 – not definitive – random order
Procedures and Policies August 14, 2000:
Rules and regulations are adopted as an aid to administration of the affairs of Cloverdale Heights and in particular the Conditions, Covenants and Restrictions (CC&R) as laid out in the Declaration of Condition, Covenants and Restrictions. Rules clarify or interpret CC&R so that they can be administered uniformly and consistently. The Executive Board is charged with adoption of rules and regulations. >>> approved – full text guidelines
Policy April 13, 2021:
Property Review Committee Policies and Procedures
The Property Review Committee (PRC) consists of a chairperson and at least two other committee members. The PRC are empowered by the Cloverdale HOA Board of Directors to conduct reviews of property maintenance as described in the DCCR. [Article X Section 10.1(8)]
- Members of the PRC will be assigned areas of the neighborhood to review.
- Property reviews will be conducted throughout the year. The committee will set a schedule so reviews are conducted of their assigned areas in similar time frames.
- Property will be reviewed for violations of the DCCR. The following are examples of common violations, please refer to the DCCR [Article X Section 10.1(1) thru (33)] for a complete list of maintenance items:
• Brush Piles, Fallen Trees, Unkept Yards.
• Trim or porches that are damaged or need painted or stained.
• Fences or gates that are damaged or need painted or stained.
• Damaged siding or shutters.
• Damaged roofing or gutters.
• Derelict vehicles
- These reviews will be discussed at a bi-monthly PRC meeting and then compiled into a report and presented at the next HOA Board Meeting.
- Homeowner’s with property issues will be contacted by the PRC by email and given 15 days to rectify any problems while asking the homeowner if they need help in completing these tasks. If the homeowner cannot complete the task within 15 days, a notice to the PRC stating the estimated date of completion will stop further action until the next review after the estimated date of completion.
- If a homeowner refuses to respond to the PRC or does not correct issues in specified time frames the non-compliant property will be elevated to the Board of Directors. The Board of directors will then follow the DCCR [Article XXII] process of enforcement which could result in fines up to $25 a day. [Bylaws Article V Enforcement Section 5.2 Fine for Violation]
WAIVER July 10, 2018:
Cloverdale Board of Directors waiver regarding Article X Section 10.1.(10) Your contractor’s sign can be placed upon your property ONLY during the duration of the repairs. It is your responsibility to remove the signs when the job is completed. Do NOT have contractor signs up while waiting for the job to start.
Policy May 6, 2014:
One week (7 days) prior to regular Board meetings an agenda, time, location and date shall be posted on the Cloverdale bulletin board. This information will also be circulated thru the Cloverdale eNEWS broadcast to those homeowners who have provided & registered their e-mail address.
Policy Resolution 1988:
Homeowners shall mow to the edge of the road buffering their own property.
Clarifies DCCR Article X Section 10.1(8)
Special Event Short Term Parking by the developers, Marcus’ Enterprises was unanimously passed – parking along the roads on grassy easements are permitted.
Clarifies DCCR Article X Section 10.1(15)
Homeowners may plant trees, shrubs, flowers within the 40′ easement from the road onto their own property – NO permanent or temporary structure(s) shall be allowed within that area. In the event Cloverdale chooses by affirmative vote of a majority of the membership to install permanent sidewalks on one or more streets:
- Homeowners’ have the right and will be provided sufficient notice to remove and/or transplant trees, shrubs, flowers prior to installation of sidewalks, and
- the homeowner relinquishes all ownership rights to trees, shrubs, flowers not removed at the scheduled time of installation of sidewalks ; and
- Cloverdale HOA will NOT reimburse any homeowner for destruction and/or removal of in-the-way trees, shrubs, flowers.
Clarification Article XI Section 11.2
COMPATIBILITY REQUIREMENTS: The Executive Board members are expected to be able to recall pertinent points required by the governing documents as well as personally own and be minimally experienced with computer(s), software & E-Mail capability.
Policy Agreement 2006:
Basketball stands & hoops on the roads – members agreed that they could be there BUT the children [and/or homeowner] only need to tip them over and pull them into 10 feet of the property off the road everyday.
The fiscal year watermark using the Cloverdale Heights registered trademark logo must appear embedded behind the text of the printed full color General Proxy form surface mailed and provided one to each unit owner; a member. One owned lot – one vote – one member. A General Proxy form must be validated at registration as THE original. An invalid General Proxy: edited and/or no FY watermark, unsigned, incorrectly completed and/or copies.
COMPLAINTS PROCEDURE – ALL complaints must be in writing and signed – without this in effect there will be no response. No anonymous phone calls or letters will be accepted.
Resolution Guideline 2002:
Drive-by Property Review of each lot takes place 4 times a year during the months of: May, July, September and November. (spring – summer – fall). NO review committee members may trespass for a review on any homeowner property.
Resolution Guideline 2014:
Drive-by Property Review of each lot takes place every month – NO review committee member(s) shall trespass, photograph or video for a review report on any homeowner property.
Policy Guidelines 2002:
A child’s wading and/or swimming pool is considered temporary and does not require approvals. A child’s wading and/or swimming pool may be positioned anywhere on a homeowner’s property.
Cloverdale HOA is NOT responsible for any style, make, model or resulting harm.
Policy Clarification 1988:
Permissible: powered or non-powered garden tractors, lawn mowers, landscaping equipment, children’s’ toys, wheelchairs – ART X Section 10.1(15), (16) has been clarified (by the Developer/Declarant Marcus Enterprises’) – by state requirement only road worthy vehicles must carry current valid registration, tags and insurance. ATVs are not permitted to be ridden on any Cloverdale roads or property of homeowners.
Reference: 2004 – WV Code Chapter 17F. All-Terrain Vechicles
Policy – Resolution 2002:
Vandalism – “Anyone caught maliciously vandalizing any HOA property will be prosecuted up to the full extent of the law.”
Policy 2003 & 2013
For Sale Signs: one sign for one property – duplicates are pulled and laid on the grass where they were found. If not taken – in a couple days they will be confiscated. If a home for sale is very hard to locate a second sign is appropriate.
Reference DCCR Article X Section 10.1(10)
Policy – ARC Guidelines Approved August 12, 2002:
Amended December 19, 2004
Amended March 13, 2006
Amended November 6, 2012 – SOLAR INSTALLATION(S)
Policy stated herein, supersedes all rules, regulations, or policies approved previously by any Cloverdale Heights Homeowners Association Board of Directors concerning the matter and content of this Policy Statement. Such previously approved rules, regulations, or policies are hereby null and void. All approved existing homeowner installations are grandfathered prior to this Policy Resolution as of November 6, 2012.
Cloverdale payments to contractors 30-day turnaround.
BOUNCED CHECKS policy from 1998 fine $25/check/1st instance, $30/check/2nd
Policy Update from 1998 to 2006
Non-sufficient funds (all bounced checks) $50 penalty will be added at each instance – full payment must then be made with a cashiers check or money order – other penalties may apply.
Policy – Federal Law 1996 – yes, federal law trumps DCCRs
Federal Communications Commissions (FCC) law Over-the-Air-Reception Devices (OTARD). By law, homeowners in Cloverdale are permitted antennas AFTER submitting their ARC application as a matter of formal record and must demonstrate & accept all responsibility of installation, maintenance, safety and insurance coverage.
Installation is relative to reception and overrides DCCR ART X 10.1(26)
Policy Update from 2002 to 2007:
Homeowner complaint procedure – ALL Cloverdale complaints must be in writing including owner’s name, lot number, street address, telephone number – without this in effect there will be no response. No anonymous phone calls or letters will be accepted.
Policy & WV Code 2004:
It shall be unlawful for any person to operate an all-terrain vehicle, as defined in W.VA. Code § 17F-1-9 on any road or highway within Jefferson County, West Virginia, whether or not the road or highway has a center line.
Policy – Developer Verbal Statement ~1988-90
(not formally recorded after transfer of subdivision deed)
Recreational Vehicles (RVs) are permitted to be stored/parked on homeowners’ paved property with the following conditions overriding DCCR ART X(2)-(4):
- Must NEVER be used as a permanent residence by any Cloverdale homeowner(s).
- Must be current with WV registration and license when owned by a Cloverdale homeowner while stored on their own paved property.
- Visitors of Cloverdale homeowners with their RVs are permitted and visitors may reside within their own RV during short visits. (“short visit” was not defined)
- Annual Assessments – DUES – are due October 1st of each year.
- Assessments received prior to October 31st are not subject to penalty fine.
- If payment is not received in full after October 31st penalty fine $10 per month for November and December.
- $25 per each month thereafter commencing with January.
- A notice & hearing will be scheduled by certified registered mail to resolve member’s late payments.
- Additionally $25 per day will be initiated by July 1st when no possible resolution acknowledged – lien(s) will be filled against the property.
Advice 2012 – Cloverdale Legal Council suggests the use of the word “penalty” be changed to the word “fine” using the vocabulary of the DCCRs.
Confirmation 2013: the word “penalty” is removed and replaced with “fine” in accordance with the Declaration of Covenants, Conditions and Restrictions Article XVII 17.2(f), Article XVII 17.4, Article XXII 23.2(j).
Executive Board adopted an interpretative position of reasonableness to permit low/no maintenance composite modern materials for fencing and/or decks-porches.
Directors terms are two (2) years, alternating 3 directors one year and 4 directors the following year so as to continue a rotation. (in compliance with WV Code §31E-8-807)
Expenditures greater than $500 must be voted on by the full membership of the Executive Board and made available to the membership of Cloverdale. (this policy was enacted after homeowners learned of the expense after maintenance completion of Cloverdale’s two entry signs, less bricks, totaling more than $5,700 – it was NOT included on an approved Annual Budget)
Resolution 1999, 2009*, 2011** renewal:
Committees shall be
– Architectural Review see ARC
– Property Review (drive by Spring – Summer – Fall)
– Welcoming (new Homeowners)
– Maintenance (common areas)
– US Flag (pole inspections & flag etiquette)
– Information (newsletter, directory, bulletin board, website)
– Membership(s) (EPOHOA* – CAI**)
Saturday Annual Meetings that fall on 9-11 shall be scheduled for the following Saturday.