Emerald Mountain HOA
 
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Emerald Mountain HOA
Covenants Conditions & Restrictions
 
 

Covenants, Conditions and Restrictions for
Emerald Mountain
 
Emerald Mountain has been thoughtfully planned and carefully created to celebrate the very best of what home and community should be.  Whether during the construction of your home or just prior to closing, you should have received a copy of the Emerald Mountain Covenants, Conditions, and Restrictions.  CC&R's are simply the rules which outline the dos and don'ts by which you and your neighbors must live as it pertains to your property.  This document is critical to you because it is a legal contract binding you, the owner, and your prescribed land use as a resident in Emerald Mountain. (Including mandatory HOA Dues payment)  Listed below this information are the Covenants, Conditions and Restrictions for each plat in Emerald Mountain.    Understanding these rules up front can prevent confusion and misunderstanding between you and your neighbors, the HOA Management Board, and the Property Manager (HOA/PM.)
 
Top Covenant Violations in Emerald Mountain
 
1.    Trailers, boats, RV parking    Boats, trailers, RVs may not be stored on any lot in excess of 24 hours.  If your boat, trailer or RV, whether covered with a tarp or not, can be seen above your privacy fence, it must be relocated.  
2.    Residential parking    Parking - either on the street or on the grass to accommodate those living in your home is prohibited.  No vehicle shall be parked on the street in excess of 24 hours.  Vehicles shall not be parked on the grass.  This provision provides that the owner of each lot shall provide parking space adequate for the use of the occupants of the residence, OFF THE PUBLIC STREETS, and PARKING ON THE STREET IN THE FRONTS OF THE RESPECTIVE HOUSES IS PROHIBITED, except for temporary parking.  It is reasonable to expect parking on the street (but not on the grass) when you have guests and visitors at your home and parking on the street is necessary.  However, continuously parking on the street or grass to accommodate occupants of your residence is prohibited, whether or not for 24 hours or less. 
3.    Satellite Dish Placement    ARB approval is required for all Satellite Dish Placements.  Please note that your dish must be located so as not to be visible from the street, and preferably screened in such a way as not to be visible to your adjoining neighbors. (Exception to visible from street is River Birch Park residents)
4.    Pets not on leash, running loose -  THIS INCLUDES CATS.  Dogs and cats should not be allowed to roam freely.  Not everyone chooses to have a pet, and do not want a pet visiting, no matter how well behaved or cute.  Your pet is a nuisance if it chooses to use your neighbor's yard, or the mailbox post down the street, for the pee pee spot.  Cats do not have the immunity idol in this area.  CATS SHOULD REMAIN CONFINED to your yard OR ON A LEASH AS WELL.  Please do not leave your garage door open so your pets may come and go at will. 
5.    Mailbox needs repair or painting   Complete mailbox information, including contact information for paint, repair, replacement or numbering is available at:  www.emeraldmountainhoa.org. Mailboxes must be maintained in good condition, including the correct paint color and numbers.  Failure to maintain your mailbox in good condition may result in the HOA ordering the services performed and billed to the homeowner.
6.    Yard Condition  Lawns should be well maintained and kept in good condition.  This includes regular mowing, shrub maintenance, weed control and edging around walks, driveways, trees and shrubs.  Failure to maintain your yard in good condition may result in the HOA ordering the services performed and billed to the homeowner.
 
7.    Noise complaints, specifically barking dogs, rank among the top problems that come up in our neighborhood and they are the most difficult problems to address.  These type complaints tend to be in the eyes, or in this case, the ears of the beholder.  Zero tolerant neighbors may deem all sounds, real or imagined, as offensive.  Insensitive pet owners may fail to see, or refuse to recognize, how their occasional barking dog could annoy their neighbor.  What usually hits right in the middle of this issue is the homeowner controls the barking while at home, but when at work or away for the evening, the dogs are left unattended and bark nonstop until the return of the owner.  Who wants to sit on their patio in the evening and the dog next door is at the fence, privacy or not, and barks non-stop?  
We ask that you, as a neighbor and resident, make an attempt to resolve this complaint with your neighbor prior to asking for intervention by the HOA/PM.  We ask you, pet owner, to communicate with your neighbors about your pet.  Everyone annoys or is annoyed by someone about something sometime.  Some residents file nuisance complaints simply because they don't like their neighbors and find everything they do, including breathing and taking up space, annoying.  These are problems the homeowners should resolve themselves.  The HOA/PM will not handle these problems for you.   While the HOA/PM will enforce nuisance complaints, the homeowners have a responsibility to attempt to resolve these type complaints on their own as well.
Covenant Enforcement

Adherence to the provisions of our covenants is not optional. We, the HOA Management Board, and Property Manager, (HOA/PM) believe that the application of the covenants is equally as important as the rule itself.  When addressing covenant violations, the first and foremost fact considered is the intent.  What is the intent of the rule?  What is the intent of the homeowner?  Is the homeowner new and unaware of the covenant?  Is this the first time it has been violated?  Is there an acceptable reason for the homeowner not following the covenant?  Or...do they routinely and continuously violate the covenant?
 
Common Sense, Reasonableness and Intent
 
The HOA/PM first looks for the good, not the bad, in the situation.  "Reasonable" is difficult to define.  All parties to a violation believe they are reasonable and the other party is not.  We trust first that an honest mistake may have been made and that the violation was not intentional.  Believe me, the bad will quickly surface and can hardly be declared a mistake when bad acts are repeated over and over again.  When this occurs, we message that these actions have specific consequences.  And, we follow-through with the enforcement.

When you chose to move into Emerald Mountain, consider what appealed to you.  What was it about Emerald Mountain that made you decide to make this your home?  There is no doubt that if we were all in one place, we would have many, many different answers to this question.  In order to ensure that all that is desirable about Emerald Mountain remains intact, it is essential to have consistent, fair, and thorough enforcement of the Covenants, Conditions and Restrictions.  Our goal is to attract people who want to enjoy and preserve our wonderful neighborhood.  We, the HOA/PM are committed to being reasonable, flexible and more than willing to work with you to satisfy the intent of the CC&R's of Emerald Mountain. 
And, please remember that ANY change to the outside of your home must be approved by the Architectural Review Committee – this includes exterior paint color change, storage buildings, fences, driveway extensions, etc.

Community Covenants