Eagles Bluff – Canada Hills Village 14 Homeowners Association
Resolution #2007-01 Policy and Restrictions on Garage Sales
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&R’s) for the Association; and
WHEREAS, Covenants, Conditions and Restrictions (CC&R’s) 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 clarify the policy as it applies to conducting a garage sale within the community; 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, Section 9.13 Unsightly Articles, of the Covenants, Conditions and Restrictions (CC&R’s) and to replace Resolution #2006-01 Policy and Restrictions on Garage Sales.
THEREBY, GOOD CAUSE EXISTING, IT IS HEREBY RESOLVED:
A. Purpose and Intent. To clarify a long-established policy of restricting the number of garage sales that may be conducted within the community; for the purpose and intent of minimizing unwanted traffic within Eagles Bluff. The Homeowners’ Association shall sponsor a community garage sale on the First Saturday in May and the First Saturday in November. Homeowner garage sales may be held after receiving written permission from the Board of Directors. Homeowner’s are encouraged to solicit additional neighbors to participate in any homeowner-sponsored garage sale, to keep the frequency of such sales down to a minimum.
B. Definitions. In this resolution, unless the context otherwise requires: A garage sale (also known as a yard sale or rummage sale) is an informal, irregularly scheduled marketplace of used household goods. Typically the items will be unwanted items from the household conducting the sale. The seller displays their wares to the public, usually in a garage or in their yard. Staples of garage sales include old clothing, books, toys, and board games. Larger items like furniture and occasionally appliances are also sold. …
1. Prohibited Operation.
1.1. Homeowners are prohibited from operating a garage sale within the community, except (a) when the garage sale is sponsored by the Homeowners’ Association; or (b) after receiving written permission from the Board of Directors, to conduct a garage sale.
2. Responsibilities of the Owner of the Lot, Rental Management Company, Tenants and Guests.
2.1. The Owner of the Lot, his or her family, or licensee, tenant or lessee or invitee or agent acting for the Owner of the Lot, shall not authorize or knowingly permit anyone 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. Appeal Process
4.1. The Owner of the Lot may appeal any violation of this resolution, as set forth in Resolution #2003-03 Resolution of the Board of Directors Regarding the Imposition of Fines.
5 – 10 Reserved
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.
The effective date of this resolution is – August 31, 2007.
Confirmed this 23rd day August, 2007 at a meeting of the Board of Directors.