Village Two Condominiums Homeowners’ Association
Board Resolution Regarding CC&R
Article XVII, Section 17 Use and Occupancy Restrictions
Windbells, Windchimes &
Similar Devices
To: All Village
Date: August 1, 2012
From: Village Two Board of Directors
Rationale: Contained within
the Declaration of Horizontal Property Regime and Declaration of Covenants,
Conditions and Restrictions (CC&Rs) for Village Two, Article XVII, Section
17, at the bottom of page 37, is the following statement. “No windbells, windchimes, or similar devices
shall be permitted on the property.” It
has come to the board’s attention that there are numerous “windbells,
windchimes, and similar devices hanging from patios and balconies, many of which have been hanging for
several years. Furthermore, there have
been no recorded homeowner complaints relating to these “windbells, windchimes
and similar devices.” Finally, the last
sentence of Article XVII, Section 17 states the following: “The Association may
modify or waive the foregoing restrictions or otherwise restrict and regulate
the use and occupancy of the Property and the Units by reasonable rules and
regulations of general application adopted by the Board of Directors from time
to time.“ Therefore the Board is modifying
Article XVII, Section 17, by adopting
the following RESOLUTION.
1. The
Board believes that “windbells, windchimes, and similar devices” are not a
problem at Village Two.
2. The
Board believes that the number of “windbells, windchimes and similar devices”
currently hanging on Village Two patios and balconies indicates a general
desire of homeowners to have such devices.
3. Therefore,
the Board is modifying Article XVII, Section 17, to allow windbells, windchimes
and similar devices or objects to be hung on rear balconies and patios provided that no part of the device or
object protrudes beyond the outside wall of the balcony or patio. No object may be attached to, or draped
on, parts of the buildings considered common property. Any device or object which protrudes beyond the outside wall of a balcony or
patio or is attached to, or draped on, common property is subject to removal after the unit owner has been notified and has
failed to take action.
4. Should
the noise from any windbell, windchime or similar device be the source of a
complaint to neighbors, reasonable accommodation should be made by the
homeowner to resolve the issue. If Board
input is required to resolve the issue, the decision of the Board is binding
and final.
5. Holiday decorations must be removed
in a timely manner, no more than fifteen (15) days after the conclusion of the
holiday.
6. Homeowners
who violate this resolution will be
billed for reimbursement of all costs incurred by Village Two HOA in the
removal of the offending device, pursuant to Section 24 of the CC&Rs Please
note that this is a direct reimbursement of costs incurred.
UNANIMOUS CONSENT
RESOLUTION
BY THE BOARD OF
DIRECTORS
VILLAGE TWO, INC.
C/O NATIONAL PROPERTY SERVICES
CC&R ARTICLE
XVII, SECTION 17 USE AND OCCUPANCY PROVISIONS MODIFICATION POLICY
The
undersigned, constituting all the members of the Board of Directors of Village
Two, Inc, an Arizona nonprofit corporation,
hereby take the following action:
RESOLVED,
that the Board of Directors, pursuant to authority granted by Section 17 of the Association’s Declaration
and A.R.S. § 33-1242 (1) of the Arizona
Condominium Act, hereby approves the Village Two Policy regarding CC&R Article XVII, Section 17 Use and Occupancy
Restrictions: Windbells, Windchimes & Similar Devices attached to
this resolution.
SIGNATURES AND APPROPRIATE DATES ARE ON FILE WITH NATIONAL PROPERTY SERVICES.
CALL 480-443-5566
SIGNATURES AND APPROPRIATE DATES ARE ON FILE WITH NATIONAL PROPERTY SERVICES.
CALL 480-443-5566
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