TO: All Traceside Homeowners
FROM: Traceside Board of Directors
DATE: March 30,2000
RE: Enforcement of Traceside Covenants

Covenant compliance has become an increasing challenge in Traceside. Conformity with the covenants protects home values. In fairness to everyone, they must be enforced uniformly.

Each homeowner should have received a copy of Traceside's Declaration of Covenants,
Conditions and Restrictions (the "Covenants") before, or at, the closing of their home. Regardless of whether or not you received your copy, each Traceside homeowner is legally bound to comply with the Covenants because they run with the deeds to your property. If you do not have your copy, please contact Morris Property Management at 833-5117. Copies will also be made available at the Annual Homeowners meeting.

Due to increased violations, and in fairness to all, beginning April 1, 2000, the Covenants will be enforced in the steps listed below. Each and every violation will be treated equally.

  1. The violator will receive a notice from Morris Property Management stating the violation, and citing the section number of the Covenants. Upon receipt of the notice, the violator will be required to immediately:

  • Correct the violation; and

  • Notify Morris Properties of the action they are taking.

  1. If the violation is not corrected immediately, the violator will receive an Assessment Letter informing them of an assessment amount that has been levied against them. The assessment amount will be equal to the cost the Association will incur to bring the property into compliance, in addition to any legal costs that the Association might incur
    (see Section 2.3e of the Covenants).
  2. The violator will have 10 days from receipt of the Assessment Letter to pay the assessment, or permanently correct the item that is in violation of the Traceside covenants (see Section 2.3e of the Covenants).
  3. If the assessment is not paid in full or the violation is not corrected within 10 days from receipt of the Assessment Letter, action will be taken to place a lien on the violator's property and interest will accrue (see Sections 2.4 and 2.5). Also, the Association has the right to suspend the use of any Common Areas, as well as the voting rights of an Owner for any period during which any assessment against his or her lot remains unpaid (see Section 8.1(b)).
  4. Payment of the assessment only reimburses the Association for expected costs (as outlined in number 2 above). It does not excuse the violation. The Association will still proceed with legal process to have the violation corrected.

The Association regrets the need to assess anyone, but some flagrant violators have
refused to comply with the covenants. The only alternative is to take violators to court immediately, thereby spending association dues. Although the Association may still need to pay some legal fees, the assessment is an intermediary step before dues are spent taking violators to court.

Below are some common violations and their respective section numbers in the covenants. If you are in violation of the following, or any other Covenants, please accept this letter as notice that the violation will need to be corrected.

  • You must get prior approval by the ACC for all additions made to your lot (see sections 5.1 through 5.9)
  • Fences (see section 9.12; see also section 9.8)
  • Basketball goals (see section 9.25)
  • Statues or Lawn ornaments (see section 9.301 see also section 9.8)
  • Satellite dishes (see section 9.14)
  • Barking Dogs & other Nuisances (see section 9.1)
  • Dogs and Cats (see section 9.6)
  • Vegetation (see section 9.13; see also section 9.8)
  • Parking of vehicles (see section 9.9)
  • Campers, Trucks, Boats, etc. (see section 9.5)
  • Trash Cans and Garbage Refuse Disposal (see section 9.7)

The Board acknowledges that some feel the Covenants are lacking in some respects and too harsh in others. We did not create the Covenants, but we are all bound to comply with them. The Association has no other choice, and the Board has a fiduciary obligation to enforce the Covenants.

If, after reading the Covenants, you are unsure whether you are in violation, please feel free to contact Morris Property Management, any member of the Covenants Committee, or any Board member.

Thank you,

Traceside Board of Directors