CC&R and Rules Summary Booklet

TABLE OF CONTENTS

Annual Member Meeting………………………………….3
ATVs………………………………………………………...3
Appliances…….…………………………………………....3
Assessments…………..……………………………….…..3
Board Meetings…………………………………………….5
Burning………….............................................................6
Common Area.................................................................6
Contractors or Employees of Association………………..7
Dues, Payment & Collection……………………………....8
Firearms..........................................................................9
Garage Doors……………………………………………….9
Hiring Practices……………………………………...…….10
Insurance…………………………………………………..12
Landscaping……………………………………………….13
Noise……...………………………………………...……...13
Painting & Repair or Modification ……………………….14
Parking……………...………………………………………14
Pets & Animals………….………………………………... 15
Pool Rules……………………………………………….... 15
Renting or Leasing…………………………………….…..16
RV Lot…………………………….. ……………………….16
Signs...……………...………………………………………17
Speed Limit…..………….………………………………... 18
Storage….……………………………………………….....18
Temporary Sheds.…………………………………….…..18
Trash & Garbage Containers…………………………….18
Pool Rules………………………………………………….19

Quail Valley HOA Rules and Regulations                                                            Page 1
CC&R and Rules Summary Booklet

If any of the following information conflicts with the Quail Valley Homeowners Association Amended and Restated Declaration of Protective Covenants, Condition, Restrictions and Easements (including Association Bylaws) (the CC&Rs), the CC&Rs take precedent. This material includes Rules adopted by the Board in accordance with Articles 5.04(a) and 12.03 of the CC&Rs. It is intended to help Unit Owners understand their responsibilities within the Quail Valley community. Copies of the CC&Rs and Rules can be obtained from the Quial Valley web site at www.qvha.com.

The rules were adopted by the Board on 1 April 2010 and supersede all other rules adopted by the current or past Boards. They are subject to later changes as adopted by the Board.

Quail Valley HOA Rules and Regulations                                                            Page 2
ANNUAL MEMBER MEETING
Annual meetings of the Association are to be held in the month of May of each year unless the membership of the Association chooses to select another month. Notice of the time and place of that meeting is to be sent to each Owner of record at least 10, but not more than 20 days prior to the meeting. The purpose of the meeting is to elect needed Trustees of the Board. Financial and budget reports as well as other business of the Association, if properly included in the meeting agenda sent to all Owners prior to such meeting will also be subjects of discussion or action during the annual meeting. (CC&T Article 11.06 & 11.06)

ATVs
ATVs and other similar vehicles are not allowed on Quail Valley streets.

APPLIANCES
No household appliances shall be permitted on patios or any portion of a Lot in such manner as to be visible from the street. (CC&R Article 6.03 (m))
The use of window air conditioning units is prohibited. (CC&R Article 6.03(n))

ASSESSMENT
Each Owner has agreed to pay to the Association the annual and any special assessments and Reimbursement Assessments made by the Board, together with late payment fees, interest and costs of collection, if and when applicable. All such amounts are (a) a charge and continuing lien upon the Lot with respect to which such assessment is made until fully paid; and (b) the personal, joint and several obligation of the Owner or Owners of such Lot at the time the assessment falls due. (CC&R Article 13.01)

Quail Valley HOA Rules and Regulations                                                            Page 3
Special Assessments: The Association may levy special assessments for the purpose of defraying, in whole or in part: (a) any expense or expenses not reasonably capable of being fully paid with funds generated by annual assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required addition to or replacement of amenities, infrastructure or improvements within the Common Areas. Any such special assessment shall be apportioned among and assessed to all affected Lots as provided in Section 13.09. Such special assessments must be assented to by sixty percent (60%) of the votes of the membership which Owners present in person or represented by proxy are entitled to cast at a meeting duly called for such purpose. Written notice setting forth the purpose of such meeting shall be sent to all Owners at least 10 but not more than 30 days prior to the meeting date. (CC&R Article 13.08)

Reimbursement Assessment shall mean a charge against a particular Owner or his Lot for the purpose of reimbursing the Association for costs incurred in bringing the Owner or his Lot or Unit into compliance with the provisions of the CC&Rs together with costs, interest, attorney’s fees and other charges payable by such Owner.
Reimbursement Assessments can arise from implementation of Article IV of the CC&Rs.
“Each Owner shall at his own cost maintain his Lot and any Unit constructed thereon in good condition and repair at all times; provided, however, that as to Town home Units only, all roofs and certain exterior surfaces of Townhome Units shall be deemed to be and shall be treated as if the same were Limited Common Area and maintained, repaired and repainted as necessary by the Association as provided in Section 12.01(d) of this Declaration, but paid for by the respective Townhome Lot Owners on a pro-rata, individual or other equitable basis as determined by the Board.” (CC&R Article 4.01)

 Quail Valley HOA Rules and Regulations                                                            Page 4
Reimbursement Assessment on Specific Lot: In addition to the annual assessment and any special assessment authorized pursuant to Sections 13.03 and 13.08 the Board may levy at any time Reimbursement Assessments (a) on every Lot especially benefitted (i.e. benefitted to a substantially greater degree than any other Lot) by any improvement to adjacent roads, sidewalks, planting areas or other portions of the Common Areas made on the written request of the Owner of the Lot to be charged; (b) on every Lot the Owner or occupant of which shall cause any damage to the Common Areas necessitating repairs; and (c) on every Lot as to which the Association shall incur excess costs for utilities master metered and billed to the Association or any expense for maintenance or repair work  performed pursuant to Section 12.01 (d), or enforcement action taken pursuant to any of the provisions of the CC&Rs. The aggregate amount of any such Reimbursement Assessment shall be determined by the cost of such improvements, utilities, repairs, maintenance or enforcement action, including any overhead and administrative costs, and all attorney’s fees and cots, and shall be allocated among the affected Lots according to the magnitude of special benefit or cause of damage or maintenance or repair work or enforcement action, as the case may be, and such assessment may be made in advance of the performance of work. If a special benefit arises from any improvement which is part of the general maintenance or operation obligations of the Association, it shall not give rise to a Reimbursement Assessment against the Lots benefitted. Reasonable notice (not less than 10 days) of a Reimbursement Assessment and the opportunity to appear before the Board to contest or mitigate the same shall be given to any Owner whose Lot may be the subject of such assessment. (CC&R Article 13.11)

BOARD MEETINGS
The Board of Trustees meets monthly, as noticed on the Associations website. Owners may attend such meetings but are not entitled to participate unless authorized by a vote of the Board.

 Quail Valley HOA Rules and Regulations                                                            Page 5
BURNING
No burning of any trash and no accumulation or storage of litter, refuse, bulk materials, waste, new or used building materials or trash of any other kind shall be permitted on any Lot. (CC&R Article 6.03(f))

COMMON AREA
The Association owns the Common Area of the community. The upkeep of these areas is the responsibility of all of the Unit Owners within the Association. Townhomes, however have a special responsibility toward the Limited Common Area associated with their respective Units. The Association’s Common Area includes the Pool, the Tennis Courts, the park area, the roadways, the sidewalks, the grass areas around the Townhomes, the grass area on the west side of the entry to the community from Quail Valley Road, the un-landscaped areas on the north side of the community (south of Quail Valley Road), and the un-landscaped area to the south and east of the community (the valley south and east of the community) The Association is required in the CC&Rs (See Article 9.02) to preserve the Common Area and cannot abandon, partition, subdivide, encumber, sell transfer to materially modify the Common Areas. 

Definitions important in understanding the implications of the above follow:

Common Area and Facilities or Common Area shall mean all portions of the Development except the Lots and Units, and shall include all property owned by the Association for the common use and enjoyment of the Owners such as all private undedicated roadways, driveways, parking, amenities, open spaces, landscaping, structural common area and the like, together with all easements appurtenant thereto, as reflected on the Plat or in the records of the Recorder of Utah County, Utah. (CC&R Article II)

 Quail Valley HOA Rules and Regulations                                                            Page 6
Limited Common Area shall mean any Common Area designated for exclusive use by the Owner of a particular Unit. Limited Common Area may or may not be indentified on the Plat. (CC&R Article II) 

ALL PATIOS AND ENTRANCE WAYS TO BE LIMITED COMMON AREA AND FACILITIES: (Note contained on Plat Drawings A7329 & A7329)

Roofs and exterior surfaces of Townhomes Units; (and/or the buildings in which such Units exist) shall be deemed to bee Limited Common Area for purposes of maintenance and control but not for purposes of ownership, title or taxation. (CC&R Article II Definitions, definition of Unit.)
In association with Townhomes there are masonry walls and metal or wooden fences (including gates) enclosing Common Area adjacent to certain Townhomes (e.g. front and rear patios and entry ways). These walls and fences are not noted on or authorized by the Plat drawings. The areas enclosed by such walls and fences, as well as such walls and fences themselves are deemed Limited Common Area appurtenant to the Townhome Lot to which they are adjacent and to which they appertain. These Limited Common Areas are the responsibility of the individual Townhome Owners to maintained in good condition and repair at all times in the opinion of the Board. (CC&R Article 5.07)
Driveways and sidewalks to individual Townhomes are designated as Limited Common area associated with their respective Town homes.

CONTRACTORS OR EMPLOYEES OF ASSOCIATION
No Owner shall engage or direct the activities of any employee or contractor of the Association during the hours such employee or contractor is engaged by the Association. (CC&R Article 6.03p))

 Quail Valley HOA Rules and Regulations                                                            Page 7
DUES, PAYMENT AND COLLECTION
A statement of each Owner’s account status is sent to them each month.
Monthly assessments are “due on the first day of each month.” They are considered late any day after the first. (See CC&Rs 13.05.)

Auto pay arrangements for payment of dues is encouraged. Contact TPM to make such arrangements.

Checks deposited in the Associations mailbox are collected and deposited on the 2nd day of each month.

Checks deposited in the Associations mailbox will again be collected and deposited on the 11th day of each month.

Any assessments “not received within 10 days of the due date” will be assessed a late charge of $30 and begin to accrue interest charges. (See CC&Rs 13.13.)

Interest charges are 1.5% per month (18% annual interest rate).

Lien recordings (See CC&Rs 13.13.)

	A lien is recorded against the property when any account 	balance is 3 month past due.
	
	With each lien filed there is a $150 lien charge added to the 	amount due.

	Liens files will always include interest and late charges.

	Liens will be released when the amount due, including any 	interest 	and other charges is paid in full.

Quail Valley HOA Rules and Regulations                                                            Page 8
* After a debt has reached $2000 a collections warning letter is sent to the owner.

* One of the following must occur before the date specified in the collection warning letter or the debt will be sent to a collection agency and the owner is responsible to pay the debt in full PLUS a collection fee that generally amounts to an additional 50% to 70% of the debt amount.

•	the owner pays the debt in full
•	the board agrees to an automatic monthly payment to resolve the full amount of the debt plus charges and interest in less than a year.
* Foreclosure 
•	If a debt remains unpaid foreclosure on the property is initiated.

FIREARMS 
The use of firearms (including air rifles), bows and arrows, and other dangerous devices is prohibited within the Development. CC&R Article 6.03(o))

GARAGE DOORS
Garage doors are to remain closed except when entering, exiting or working in the garage.
Garage Sales
“Garage/yard sales” within the Development are prohibited unless first approved by the Board pursuant to timely application by the Owner desiring to conduct such sale. (CC&R Article 6.03(q))

 Quail Valley HOA Rules and Regulations                                                            Page 9
HIRING PRACTICES
To be responsible fiduciaries, the QVHA Board should be circumspect in its hiring practices. We should manage the competitive bidding process wisely, avoid conflicts or interest and have a preference for hiring licensed, bonded contractors to perform work, avoiding regulatory and other problems.
Our HOA has three types of work to be performed:
1.	Major projects (painting the townhomes, resurfacing the roads, etc.)
2.	Major expenses (contracts for landscaping, pool operation and maintenance, etc.)
3.	Minor expenses (small projects not covered by contractors or volunteerism)

In finding and retaining labor for hire, the following practices must be observed:

Bidding:
Particularly for items 1 and 2 above, the Board or its designee should have a minimum of 2, preferably 3 bids.

For one-time project or annual expenses of over $2,500, this bidding process is mandatory.
Bid awards must be approved by the board.

Unanticipated Expenses:
A Trustee is authorized to incur unbudgeted and unanticipated expenses for the benefit of the Association that are less than $250 in any month for areas of responsibility that the Trustee has been assigned by the Board upon consultation with any other Trustee with joint responsibility and upon approval by the President and Treasurer. 

Quail Valley HOA Rules and Regulations                                                           Page10
Expenses or other commitments in the amount of $250 or more in any month must be approved by the Board. In the case of emergency, any Trustee is authorized to take immediate action deemed necessary to prevent or alleviate danger to persons or property, and as promptly as circumstances allow, shall notify first the President and Treasurer and secondarily all other members of the Board.

Conflicts of Interest:
The HOA should not hire as employees or contractors Trustees, their family members or close relatives or members of the association (Unit Owners) unless approved by the Board without the participation of any interested Trustee.

Qualifications of Workers:
For independent contractors, verification of a license, insurance, and a bond, where applicable, must be provided to the Board or its designee.
For employees, the HOA must comply with all employment and payroll practices, such as paying applicable payroll taxes (Social Security tax, unemployment, etc.).

Also for employees, applicable insurance (including worker compensation insurance) must be in place.

Re-contracting:
In cases where an existing contractor has performed work for the Association previously that is deemed acceptable/admirable by the Board, the Board may, at its discretion re-contract that party for future work without going out to bid. The re-contracting process is subject to negotiation between the Board and the contractor (the new contract may or may not be exactly the same as the previous contract.) Any increase in price or change in scope must be justifiable.

Quail Valley HOA Rules and Regulations                                                          Page 11
INSURANCE
The CC&Rs require the Association to maintain certain insurance and each of the Unit Owners, Townhome Units and Detached Home Units, to carry additional insurance. For information on the insurance the Association carries contact our Property Manager. (Contact information can be found on the Associations web site.)

Detached Home Insurance Requirement
	
	Each Detached Unit Owner shall procure and maintain in 	force at this own cost hazard and liability insurance for his 	Detached Home Lot and Detached Unit and its contents as is 	consistent with his particular desires and circumstances. 	(CC&R Article 4.02(c))

Townhome Insurance Requirement

	Each Townhome Unit Owner shall procure and maintain in 	force at his own cost hazard insurance on personal contents 	and such liability coverage as is customary in projects such 	as the Development and which is consistent with each 	Owner’s individual circumstances. (CC&R Article 4.02(b))

	Each Townhome Unit Owner shall pay to or reimburse the 	Association for his proportionate share of such insurance 	coverage pertaining to his Unit on a pro-rata or other 	equitable basis as determined by the Board in consultation 	with the applicable insurance carrier or agent or such 	carrier (CC&R Article 4.02(a))

Quail Valley HOA Rules and Regulations                                                          Page 12
Each Townhome Unit Owner shall be responsible to purchase and maintain in force a condominium/townhome unit owner contents policy (State Farm HO6 or equivalent) 	(the “contents policy”). All claims for damage to an individual Townhome Unit must first be submitted by the Owner to the insurer under his contents policy. 	The Association will not be required to file claims on its master policy for any damage that either should or would have been covered under an Owner’s contents policy. (CC&R Article 8.06)

LANDSCAPING
	7.03 Standard. In deciding whether to approve or 	disapprove plans and specifications submitted to it, the 	Committee shall use its best judgment to insure that all 	improvements, construction, landscaping, and alterations on 	Lots within the Development conform to and harmonize 	with existing surroundings and structures. Any structure 	hereafter constructed on any Lot in replacement of the 	structure previously located thereon shall be constructed in 	substantially the same configuration, location and 	architectural style and be approximately the same size and of 	equal or superior material as the prior structure; and if the 	plans and specifications therefore meet such criteria, the 	Committee must approve the same.

NOISE
	No noxious or offensive activity or noise shall be carried on 	upon any Lot or within any Unit which may be or become 	an annoyance to other Owners within the Development. 	(CC&R Article 6.03 (e))

Quail Valley HOA Rules and Regulations                                                          Page 13
PAINTING AND REPAIR OR MODIFICATION
	The painting or repainting, remodeling, rebuilding or 	modification of any Unit exteriors or parts thereof must first 	be submitted to and approved by the Design Review 	Committee pursuant to its procedures. (CC&R Article 	4.01)
	
	(Need to establish and distribute written procedures.)
	
	No Unit, accessory of or addition to a Unit which is visible 	from the Common Areas shall be constructed or maintained, 	and no alteration, repainting (except for the same colors), or 	refurbishing of the exterior of any Unit shall be performed, 	unless complete plans and specifications therefore have first 	been submitted to and approved by the Committee. 	(CC&R Article 7.02)

PARKING

	No parking of vehicles on the streets shall be permitted. 	Violators are subject to tow or boot at the vehicle owner’s 	expense. Exceptions would be made for emergency vehicles, 	service vehicles, or an approved	large gathering such as 	wedding reception or funeral. 

	Residents must park in their driveways and/or garages. 
	Residents may not park in areas designated for guest or visitor 	parking.  Parking in Fire Zones is prohibited at all times.

	Junk vehicles, trailers, trucks, campers, boats, recreational 	vehicles or other machinery or equipment shall not be kept 	within Quail Valley, except in the RV lot.

	Personal vehicles not being used may not be stored on the 	streets 	or in guest parking areas.

PETS AND ANIMALS
	No animals, livestock, or poultry of any kind shall be 	permitted on any Lot or within any Unit except such 	domesticated household pets or birds as are allowed 	pursuant to the Rules and Regulations adopted by the Board 	pursuant to Section 12.03 if this Declaration; provided that 	such domestic pets shall not be a source of annoyance or 	nuisance to Owners within the Development. Pets shall be 	attended to at all times and shall be registered, licensed 	and 	inoculated as may from time to time be required by law.

	Pets shall not be permitted outside Units or fenced-in yards 	or patios unless accompanied by an adult Owner and unless 	they are carried or leashed. Pet feces and litter shall be 	immediately picked 	up by the pet Owners and properly 	discarded. (CC&R Article 6.03(c))
	All pets are to be kept on owner’s property unless carried or 	led on 	a leash. Pet feces are to be picked up immediately.

POOL RULES
	See Separate listing of pool rules at end of document.

Quail Valley HOA Rules and Regulations                                                          Page 15
RENTING OR LEASING
	Article 6.02 of the CC&Rs prohibits individual room letting 	or boarding that is not evidenced by a current permit granted 	by Provo City pursuant to its current home occupation 	ordinance.

RV LOT
	RULES FOR USE OF RV LOT
1.	All vehicles stored in the RV lot must be owned by current residents of Quail Valley.
2.	Use of the RV lot is on a “first come, first serve” basis. Any person wishing to store a vehicle in the RV lot must apply through the Board of Trustees. No one person may use more than one space in the RV lot.
3.	When full, a list will be kept of all wishing to store vehicles in the RV lot. The list will be kept in order of those requesting space in the RV lot. When a space is vacated, the first person on said list will be given the option of using the vacant space.
4.	When a resident currently using the RV lot moves or sells his vehicle, his key to the RV lot must be returned to the Board and the space must be immediately vacated.
5.	No person may lease or sublet his space in the RV lot.
6.	The Quail Valley Homeowners Association assumes no risk for any vehicle or property stolen or damaged in the RV lot.

RULES COVERING VEHICLES STORED IN RV LOT
1.	The RV Lot is designated for the parking and storage of recreational vehicles which are defined as boats, camper trailers, camper/sleeper shells or other vehicles as designated by the Quail Valley Homeowners Board.

Quail Valley HOA Rules and Regulations                                                          Page 16
2.	The RV lot is nor for the storage of trucks, car, junk vehicles, commercial vehicles, truck shells, trailers, or other machinery or equipment. It is not for the storage of recreational vehicles not used in season.
3.	All vehicles stored in the RV lot must be kept in good condition and repair. All boats must be covered.
4.	All vehicles stored in the lost must have a current state license if required by law.

DISPUTE RESOLUTION
1.	The Board of Trustees alone shall govern the use and appropriation of the RV lot.
2.	Any and all disputes concerning the RV lot shall be decided by the Board of Trustees.
3.	Upon receipt of written notice, any person using the RV LOT shall immediately remove their vehicle from said area and return their key to the Board of Trustees.
4.	If after 30 days from receipt of the written notice the vehicle is not removed, the Board of Trustees shall dispose of said vehicle according to their discretion.
5.	Exceptions or waivers to these rules and regulations may be granted by the Board of Trustees when warranted by special circumstances.

SIGNS
	Except for entrance signs and statements, directional signs, 	signs for traffic control or safety, and standard size 	(approximately 700 sq. inches) real estate residential 	“For Sale” signs, no signs or advertising devices of any kind 	shall be entered, posted or displayed upon or about any Lot 	or Unit.

Quail Valley HOA Rules and Regulations                                                          Page 17
	For Sale signs must be approved before being erected and 	must contain the Association’s “Protected by Covenants” 	sign.

SPEED LIMIT
	The Speed Limit within the community is 15 MPH.

STORAGE
	No accumulation or storage of litter, effuse, bulk materials, 	waste, new or used building materials or trash or any other 	kind shall be permitted on any Lot. (CC&R Article 6.03(f)).
	No junk vehicle or other machinery or equipment shall be 	kept within the Development except in the area designated 	by the Association for such use. (CC&R Article 6.03(d))

TEMPORARY SHEDS
	No structure of a temporary nature, and no trailer, tent, 	shack, barn, pen, kennel, outdoor clothesline, shed (except 	for a reasonably sixed garden or potting shed) or other 	buildings shall be erected, used or maintained on any Lot at 	any time. (CC&R Article 6.03(i))

TRASH AND GARBAGE CONTAINERS
	Trash and garbage containers shall not be permitted to 	remain in public view except on days of trash collection (or 	after dark the evening before collection) and shall be 	removed from public view as soon as possible following 	such collection. (CC&R Article 6.03(h))
	Trash and garbage containers shall not remain in public view 	except on trash collection days and should be removed from 	public view as soon as possible after such collection.

Quail Valley HOA Rules and Regulations                                                          Page 18
POOL RULES

1.	No lifeguards. Swim at your own risk
2.	Children under 14 must be accompanied by a responsible adult.
3.	Infants or small children must be potty trained or wear swim diapers.
4.	All persons must shower before entering the pool. No street clothes allowed in the pool.
5.	No running, diving, pushing, or other rody behavior, including forcibly throwing others into the pool will not be allowed.
6.	Guests must be accompanied by a member of the association and must sign a daily log. 2 non related guests per member allowed. Please avoid excessive use of guest privileges.
7.	You must be 14 years of age to use the Jacuzzi.
8.	No glass containers of any kind will be allowed in the pool area.
9.	No food or beverage (except water) will be allowed in the pool area.
10.	Rollerblades, skateboards, bicycles etc. are prohibited.
11.	Only battery operated radios or boom box with earphones will be allowed in the pool area.

Quail Valley HOA Rules and Regulations                                                          Page 19
Notes:

Notes: