GARDINER PARK HOMEOWNERS ASSOCIATION
DECEMBER 7, 2005
RULE NUMBER A1205-01
Subject: Common Areas
THE DECLARATION OF COVENANTS, SECTION 8, describes Common Areas. often referred to as "open spaces" as follows: "–all the real estate (including lakes, ponds, retention/detention basins, non-buildable open space lots, entranceways, undedicated streets, medians, and improvements thereto) owned by the Association for the common use and enjoyment of the Owners.”
THIS RULE outlines conditions set forth by the Architectural Control Committee,(which committee is described in Covenants Article VIII, Section 2) pertaining to steps required when a home owner(s) wishes to modify, change, improve a Common Area.
1. The addition of trees or plantings, or related architectural improvements may be done provided
(a) a plan has been approved by the Architectural Committee and (b) the home owner(s) bears the cost. Changes affecting streets, medians, lakes, ponds, entranceways also requires approval of the Developer and any controlling governmental agency or body.
2. The Association may initiate “beautification projects” consistent with long range plans, and as planned and included in budgets approved by home owners. Homeowners may have excess plantings which can be used in the projects. Donations of plantings, or funds specified for use in the projects, are encouraged.
SUMMARY: This rule is promulgated to protect the interest of all home owners. Changes to Common Areas must be done so that (1) lake views and other existing attributes are protected, (2) must be consistent with the “English Theme” and the long range architectural plan and (3) are supported by Developer and other approval authorities, where required.
This rule excludes work undertaken by the Association as maintenance of Common Areas, including but not limited to the removal and/or replacement of dead trees within the Common Area. However, if a home owner(s) undertakes removal or replacement of such trees this rule applies.
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