Eagles Bluff – Canada Hills Village 14 Homeowners Association
Resolution #2005-02 Basketball Standards and Basketball Hoops – Prohibitions
WHEREAS, the Subject Properties in the Eagles Bluff – Canada Hills Village 14 Homeowners Association are under jurisdiction of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for the Association; and
WHEREAS, Covenants, Conditions and Restrictions (CC&Rs) of the Eagles Bluff – Canada Hills Village 14 Homeowners Association, recorded at Docket 9607 at Page 2275, states that the Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Common Areas and facilities; and
WHEREAS, the Board of Directors desires to replace the policy as it applies to the use of basketball hoops as set forth in Resolution #2004-01; and
WHEREAS, the Board of Directors has followed its own standards and procedures, which are both fair and reasonable; and
WHEREAS, the Board of Directors rendered this decision in good faith, and in a manner which is neither discriminatory nor capricious.
THIS RESOLUTION pertains to clarification of Article IX, Uses and Restrictions, of the Covenants, Conditions and Restrictions (CC&Rs).
THEREBY, GOOD CAUSE EXISTING, IT IS HEREBY RESOLVED:
A. Purpose and Intent. The Canada Hills Community Association has granted local associations the authority to regulate or prohibit the use of basketball standards and basketball hoops within their communities, as set forth in Section 6 of Canada Hills Community Association Design Guidelines. It is the purpose and intent of this Rule, to provide for the regulation of basketball standards in order to protect the safety of pedestrians and motor vehicle drivers alike; as well as to provide for the protection of private property and property values.
The increasing prevalence of basketball standards within the community and the growing concerns about their safe use around vehicular traffic; increased noise and the negative impact to property values, requires homeowners association regulation to protect the public safety and community tranquility.
B. Definitions. In this resolution, unless the context otherwise requires:
A basketball standard means any permanent or movable structure serving as a base or support for a basketball hoop, net, backboard. For the purposes of this resolution, a basketball hoop attached to a structure or backboard shall also be deemed a basketball standard.
1. Prohibited Use
1.1. No basketball standard may be used, stored or displayed at any time, within view of the street, on any lot, within Eagles Bluff – Canada Hills Village 14.
1.2. No basketball standard may be affixed permanently or temporarily to a house, pole or wall.
1.3. No basketball standard may be used, stored or displayed at any time within any common area within Eagles Bluff – Canada Hills Village 14.
1.4. No person shall use a basketball standard within their backyard in a manner causing excessive, unnecessary, or offensive noise which disturbs the peace and quiet within the community or which causes audible or visual discomfort or annoyance to a reasonable person of normal sensitivity.
2. Responsibilities of the Owner of the Lot, parents, guardians, and legal custodians.
2.1. The Owner of the Lot, parent, guardian, or legal custodian of any minor shall not authorize or knowingly permit a minor to violate any of the provisions of this rule.
3.1. A violation is deemed as any act that violates the policies or regulations set forth in this resolution. Multiple acts that violate a policy or regulation set forth in this resolution shall result in a violation for each act. Alleged violations committed by the an Owner of the Lot, his or her family, or licensee, tenant or lessee or invitee or agent acting for the Owner of the Lot, will be the sole responsibility of the Owner of the Lot to correct.
3.2. If a fine is imposed upon a minor who is found to be in violation of this rule, the Owner of the Lot, the parents or legal guardian having custody or control of the minor shall be jointly and severally liable with the minor for payment of the fine, whether or not the Owner of the Lot, the parents or guardian knew of, or anticipated, a violation of this rule.
4.1. Appeal Process
4.1. The Owner of the Lot may appeal any violation as set forth in Resolution #2003-03 Resolution of the Board of Directors Regarding the Imposition of Fines.
The Board of Directors realizes that circumstances may arise when strict adherence to these regulations may be difficult. Such regulations serve to protect the safety, security, and esthetics of our community.
Confirmed this ______ day of ______________, 2005 at a meeting of the Board of Directors.