HOMEOWNER'S ASSOCIATION

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I have never belonged to a Homeowners Association before. What is it?

A homeowner's association (HOA) is an organization that makes and enforces rules and guidelines for homeowners in the same neighborhood or community. The Village on the Glen/Estate Homeowner Association was formed in 2013 and Membership in the Village of the Glen / Estate HOA was and continues to be a condition of purchase, to follow the Conditions, Covenants, and Restrictions (CC&Rs), the Association Bylaws, and other governing documents.

What is its purpose?

The purpose and goal of the Association are to provide for lawn care and maintenance of the common areas, to preserve the look and feel of the development, and to improve the value of the property. 

Where does it get its authority?

The source of authority for the Association lies in the governing documents, including the Covenants, Conditions, and Restrictions, which apply to each lot and the lot owners in the Village on the Glen/Estates. The official documents giving this authority are filed with Clark County, and at any property, closing is presented to the buyer and is endorsed as part of the process. Homeowners cannot opt out, as they have signed a contract to abide by these CC&Rs.  

 
Is the HOA registered with the State of Washington?

Yes, the Association is registered with the State of Washington Secretary of State as a non-profit corporation. The registration (UBI) number is 602 813 413.

Who runs the Homeowners Association?

The Village on the Glen/Estates Association is run by the community’s homeowners. A volunteer Board of Directors, elected during Annual Meetings by the homeowners, is in charge of managing the day-to-day concerns of the Association, meeting legal requirements, clarifying issues, enforcing conditions and restrictions, proposing and managing the budget, and carrying out all other duties assigned by the governing documents. An Association President and Treasurer are chosen from the Board of Directors. The Vice President and Secretary are then selected by the Board. Each person has duties that keep the organization running smoothly. The volunteer committees are formed by the Board.

Does the Homeowner Association have the right to tell me what I can and cannot do to my property?

Yes, to a certain extent. The Covenants, Conditions, and Restrictions (CC&Rs) that homeowners agree to follow when purchasing their home define the extent of what the Association can require. The CC&Rs are a contract of agreement between each homeowner and all of the other homeowners. The Association is required to enforce that contract.  

Can the Homeowners Association be disbanded?

Yes, Article XXIII does state a path to dissolution. The CC&Rs, and thus the Homeowners Association, are effective in perpetuity.  Amendments can be made to the CC&Rs with a positive vote of 75 percent of the Total Association (homeowners) to dissolve the HOA, but cannot be amended to delete the obligation of the Association to maintain the common areas or to delete the obligation to collect money to accomplish this without formal approval of Clark County.

What laws and documents govern the Homeowners Association?

The Village on the Glen/Estates HOA Governing Documents include:

• State of Washington, Chapter 64.38 RCW Homeowners Associations

• Articles of Incorporation

• Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

• Conservation Covenant Running with the Land

• Bylaws of the Homeowners Association

• Board Resolutions enacted per the CC&Rs

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ARCHITECTURAL REVIEW COMMITTEE (ARC) 

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What does the Architectural Review Committee do?
Responsible for receiving and reviewing architectural changes submitted by homeowners to preserve a well-maintained environment of both homes and lots.

How do I submit an ARC request?
The preferred method is to submit an ARC request form via the Owner's Portal. Otherwise, you can email with this form to arc@voghoa.org. Download Form

Can I paint my house or trim it a different color?
Any change in exterior trim, shutter, or door color must be approved by the ARC in advance. We have a Home Color Database that gives many options to paint your home.   Home Color Database   Fencing Standards    Fence Color /  Trim

 

Can I build a different or taller fence?
The CC&Rs restrict fence height to no more than six (6) feet. Any fence changes must be approved in advance by the ARC for neighborhood uniformity in terms of design and color.
 
Do I need the ARC's approval to remove or replace plants in my yard?
No, you do not need ARC approval for removing or replacing plants. 

Do I need ARC approval to build or expand a deck in my backyard? And what about a shed?

Yes, you should have ARC approval before building or expanding your deck, or putting up a shed, particularly if it will be elevated or will be seen from the streets.

Can I use rocks for the front yard landscape?
Yes, you can.

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COMMUNITY RESTRICTIONS

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Where can I put my trash, recycling, and yard debris carts?
Trash, recycling, and yard debris carts are not to be visible from the street. Residents can store them inside garages, behind fences, or in an area specially screened from the street.

Can I display a flag?
Yes, the State of Washington Code provides that United States Flags may be displayed, providing it is displayed in the manner prescribed by the Federal flag display law (4 U.S.C. Sec 1 et sec.).

Can I put up political signs in my yard?
Yes, however, the limits are below

 

Subsection A: Political/Campaign Signs

 

- A Political /Campaign Sign is, but is not limited to a sign advertising a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue.

 

- No more than one Political/Campaign sign, banner, or flag, no larger than twenty-four by twenty-four inches, may be erected or displayed on an owner’s lot.

 

- A Sign must be removed within 3 days after Election Day.

 

- Signs must not obstruct our Contractor who handles landscaping and mowing and may not contain any profanity.

Can I put up holiday decorations?
Yes, seasonal decorations may be displayed. 

Can I put up a TV antenna?
Small outside TV antennas are permitted, and like satellite dishes, can be installed as long as they are properly screened, mounted on the back of the house or the back roof, and/or out of sight of the street in front of the house. There may be other alternatives, too; check with the ARC. 

Am I responsible for maintenance on the side of my corner lot?
Yes, owners of corner lots are responsible for the maintenance of fences, sidewalks, plantings, or other features along the sides of their houses. 

Am I responsible for the plantings between the sidewalk and the gutter along my house?
Yes, the homeowner is responsible for the maintenance of the space between the sidewalks and the gutters.

To whom does the fence that borders my property belong? Who has to maintain it?
The fence that borders your property and faces the common areas belongs to you and it is up to you to maintain and replace it. The fence between you and your neighbors may belong to you, to your neighbors, or both you and your neighbors, but it does not belong to the HOA for maintenance purposes.

Can I raise chickens or rabbits in my backyard?
No, chickens and rabbits are considered livestock and cannot be raised on a property in the Village of the Glen/Estates. Some animals, however, may be classified as pets and may be allowed if not deemed a nuisance. Ask the HOA Board before bringing outdoor animals into your home. 

Can I run a business in my home?
Home businesses are allowed in the Village of the Glen/Estates if they do not materially increase congestion, nor result in more parking on the streets. The Clark County Code does not allow a flow of customers into and out of a house and restricts the number of additional vehicles to two.

Can I have a yard sale?
As an event, a one- or two-day yard sale would be permitted, but a long-term yard sale would be deemed a home business/occupation and would likely not be permitted. Clark County also has laws governing garage sales.

What can I do about dog poop on my lawn?
Identify who is letting their dog poop on your lawn and speak with them about it. If it continues, log and/or photograph the incidents and dog owners and report it to the HOA Board for action (accessible through the Owner's Portal).

What do I do about a barking dog?
Talk to the owner first to see if the issue can be resolved. The HOA can address the problem as a nuisance through the Policy Enforcement process (accessible through the Owner's Portal as a general request). This will require some logging of the time and duration of the annoyance by the homeowner. Reporting the issue to the Clark County Animal Control office should be a last resort, as it requires the cooperation of other neighbors similarly annoyed.

Can I park my trailer or RV in the driveway?
Only temporarily.  You can park a trailer or RV for 24 hours to allow time to load and unload, but no longer.

 

Where can I park if I don’t have room in my garage and/or driveway?

Each house has at least four parking spaces: two in the garage and two in the driveway. For some houses with three-car garages, there are six parking spaces. Any overflow must be parked on the street with the passenger side facing the curb.

What is the definition of a “commercial” vehicle?
The County defines “Commercial Vehicles” differently than the HOA. For HOA purposes, “Commercial Vehicles” are determined at the sole discretion of the Board considering one or more of the following factors:

• Vehicles with exposed/uncovered business advertising

• Trucks rated over Class 3 (over 1 ton)

• Flatbed trucks

• Stake side trucks

• Box panel (enclosed) trucks

• Vehicles with ladder/pipe racks/holders

• Trucks with utility bodies

• Trucks with mounted tool boxes (except cross bed storage boxes behind the cab)

Can the restrictions be changed?
Yes, the restrictions can be changed by a positive vote or petition of 75 percent of the total Association.

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RESTRICTION ENFORCEMENT

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Who is responsible for enforcing the restrictions?

The HOA Board of Directors is responsible for enforcing the restrictions and other terms of the Governing Documents.

What are the steps in the Policy Enforcement Resolution procedure?

There are several formal steps to the enforcement procedure with an amicable resolution of the issue being sought at each step. Notices are delivered through the mail or electronically if a homeowner has opted to receive electronic notices.

 

First Notice: The Board of Directors or Association Manager shall send the owner a First Notice of Violation informing the owner of the violation(s), the applicable provision(s) of the Association’s Governing documents, and a date by which the violation(s) must be corrected. (Up to 30 days depending on violation)

Final Notice: Should the Owner fail to correct the violation(s) by the date provided in the First Notice, the Board of Directors or Association Manager shall send the Owner a Final Notice which shall include informing the owner of the continued violation(s), the applicable provision(s) of the Association’s Governing documents, and a date by

which the violation(s) must be corrected. (Up to 30 days depending on violation)

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Hearing Notice: Should the Owner fail to correct the violation(s) by the date listed on the Final Notice, the Board of Directors or Association Manager shall invite the Owner to appear before the Board of Directors, in a private executive session, for a hearing.

 

Notice of Action: A monetary penalty may be imposed if the violation persists after the hearing date. A notice of action letter will be sent to the Owner notifying Owner of the penalty (see the fine schedule.)

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Fines and Penalties: Monetary penalties, and in addition, the amount of attorney’s fees, costs, and expenses the Association has incurred as a result of the violation, may be imposed for violations of the Governing Documents, and continuing penalties may be imposed if the violation is not corrected by the date set for Hearing.

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Continuing Violations:  If an Owner receives notice for the same violation within a 6-month period from the original Hearing Date, additional fines may be imposed weekly or at the discretion of the Board of Directors.

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** Tenants and Guests: Owners are liable for violations of the Governing Documents by their invitees, tenants, and guests.

 

Legal Action: At any time after providing an owner with a Final Notice and Notice of Hearing, the Board of Directors may pursue legal action to obtain injunctive relief and or damages against an Owner.

 

The Policy Enforcement Resolution is intended to serve as a guideline for the Association’s Board of Directors. Nothing contained herein shall be interpreted as prohibiting the Association from seeking other available legal remedies at any time in the enforcement process if the Board of Directors, in its sole discretion, finds that the nature of the CC&R violation warrants such action. This Enforcement Policy does not apply to matters involving failure to pay annual and special assessments for capital.

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Fine schedule: The Declarations, By-Laws, Rules and Regulations, and Articles of Incorporation of Village on the Glen HOA and Village Estates HOA, have adopted as a resolution, this fine schedule. After notice of a violation and an opportunity for a hearing, the Board may impose a fine against the Owner for any violation of the provisions of the Association’s Governing Documents.

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Fines are as follows:

1. Initial violation fine = $25.00 (If the violation continues after the hearing date)

2. Second violation fine = $50.00 (If the violation continues after the hearing date and initial fine)

3. At the discretion of the Board, if a violation continues beyond a second fine, a fine of $25.00 per week will be imposed until the violation has been corrected.

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If the Association retains legal counsel, the Board may impose as an additional penalty, reimbursement of the attorney’s fees incurred.

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Collection of the fines, costs, and late fees may be enforced against any Owner in the same manner as the collection of delinquent assessments.

I just received an Enforcement reminder. How serious is it?
This “gentle” reminder is to bring to the homeowner’s attention that there is an issue that needs to be addressed. Usually, but not always, a reminder is sent out after multiple observations of the same infraction. The reminder is not a part of the formal enforcement process and may come in the mail or electronically.

Are the restrictions enforced uniformly, or am I being singled out?
The HOA Board does its best to ensure that all homeowners are treated fairly and equally.

Does someone patrol the neighborhood looking for restriction violations?
No, but we do have quite a few dog walkers at all hours of the night that take notice.

What will happen if I don’t follow the restrictions?
Continued restriction infractions will lead to notices, fines, or other legal actions.

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RENTAL PROPERTY

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What do I need to do if I want to rent my property?
The decision to rent is solely up to the homeowner. However, the tenants must also follow the CC&Rs, just like all other homeowners. 

What if my tenants do not follow the CC&Rs?
It is the responsibility of the owner to ensure that tenants understand and follow the CC&Rs. Since the HOA has limited leverage to require tenant compliance, owners are responsible for resolving enforcement notices and ultimately, any fines.

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MEETINGS

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When are the Board of Directors meetings held?
We meet the first Tuesday of every month at the Clubhouse to be held at the North Glen Villas, 7101 NE 109th St.  The schedule of Board meetings is posted in the Calendar section of the Owner's Portal.

Can anyone come to the Board meetings?
Yes, Board meetings are open meetings, so any homeowner or homeowner’s agent can attend.

When is the Annual Homeowners Meeting?
The Board is required to hold an Annual Homeowners Meeting, which is held in March. The schedule of HOA meetings is posted in the Calendar section of the Owner's Portal and on this site here.

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DUES & ASSESSMENTS

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How are the dues determined each year?

Generally, the annual budgeting steps include:

• Updating the Capital Reserve Study

• Soliciting contract updates and/or bids

• Drafting a proposed budget based on historic spending and new input, complete with proposed dues for the following year

• Approval of the proposed budget and dues by a majority of the Board

• Ratification of the approved budget and dues by the homeowners during the Special Ratifications Meeting

• Sending dues invoices to all owners

What if I can’t pay my dues on time?
If you find you cannot pay your dues on time, contact the treasurer to discuss a payment plan.  

What if I don’t pay my dues at all?
Typically, dues are payable by February 28th. If not paid by the end of February, a reminder will be sent out. If not paid by the end of March, a 12% annual interest fee will be applied and will continue until the balance is brought current.  If unpaid at the end of May, the account will be turned over to collections.

Who manages collections for the HOA when people don’t pay their dues assessments or fines?
Our collections agent specializes in HOA law and runs a collections process for many HOAs. The legal cost for collections is the responsibility of the owner, who is the focus of the collections process, per the CC&Rs.

Does the HOA have insurance?
Yes, the HOA holds two different insurance policies it purchases with homeowner dues. One is a general policy that primarily covers liability insurance for the common areas. The other is Board and Officer liability insurance to protect the volunteer Board of Directors and Officers from lawsuits.