4100 Five Oaks Rules and Regulations

Following are the 4100 Five Oaks Rules and Regulations. These rules apply only to 4100 Five Oaks condominiums and not to Five Oaks Lakeside, Farrington Townhomes, or Hickory Downs. Rules for those communities are goverened by their respective HOA boards.

Rules codified by the 2015 - 2016 Board of Directors and amended per recorded minutes by subsequent boards. These rules and regulations are in place to preserve the uniform appearance of our community and protect our property values. Our community is managed by Community Focus of NC, hereafter referred to as CFNC. The 4100 Board of Directors for the Home Owners Association is referred to as HOA Board.

If you have a question of interpretation, contact CFNC for clarification. The contact information for Community Focus of NC is:

Josh Lindgren - Vice President, CMCA
Community Focus of NC, Inc
info@communityfocusnc.com
Phone: 919-564-9134
Fax: 919-490-4449
www.communityfocusnc.com

Violations of these rules and regulations may lead to the imposing of fines. The Fine Policy process is included at the end of this document.



COMMON EXTERNAL ADDITIONS

ALL external additions require the approval of the board - even those listed here. The additions listed here have previously been discussed by the board and are likely to receive approval.

The architectural review form is available here. When complete, please send it to the Board President and the property manager, Josh Lindgren, info@communityfocusnc.com

  1. Tubular skylights no larger than 10" in circumference.
  2. Solar attic fan no larger than necessary to cool 1,200 square feet mounted on the rear roof.
  3. Rain barrels camouflaged in front by a wooden structure (box or short fence) and painted the same color as the exterior of the unit.
  4. Rain barrels not camouflaged in the rear of a unit but in the same exterior colors as the unit.
  5. A casement window for kitchens with no sliding door. A window of the same size as the existing can be replaced with a casement window to increase ventiliation.

PARKING

  1. Each townhouse is assigned two (2) parking spaces. Owners may not park in guest parking.
  2. All motor vehicles parking at 4100 Five Oaks must be properly licensed, registered, inspected and must display an official 4100 Five Oaks Home Owners Association parking permit.
  3. Guests/Visitors are permitted to park only in designated Guest Parking spaces or on Five Oaks Drive. Guest parking is at the community mailbox kiosks and "guest only" designated parking spaces.
  4. All guest vehicles must have a temporary parking pass filled out completely and displayed in plain view on the guest vehicle’s dash board. A copy of the guest parking pass can be printed from the 4100 website: http://4100fiveoaks.com. Vehicles parked in unauthorized locations or without permits may be towed at vehicle owner's expense. Towing information is posted at the 4100 Five Oaks entrances.
  5. Guest parking on the property for periods greater than 24 consecutive hours or more than seven (7) days within a 30 day period requires written HOA Board approval. Contact CFNC for the procedure.
  6. Replacement parking permits can obtained here or may be obtained from CFNC at a cost of $15.00 per permit.
  7. Parking permits are to be passed from owner to owner and tenant to tenant as mailbox keys would be.
  8. The storage of recreational vehicles, boats, and trailers of any sort is prohibited.
  9. Driving and parking in common areas is prohibited.

DECKING

  1. According to 2012 North Carolina Fire Code: Chapter 3; Section 308.1.4. Open flame and grilling of any sort is prohibited on all decks, porches, and balconies. All grilling must be at a distance of greater than 10 feet from any deck or building. Open flame and grilling of any sort is prohibited on all decks, porches, and balconies.
  2. Electric grills are allowed because there is no flame
  3. Altering of deck, porch or balcony space is prohibited.
  4. The use of decks, balconies, and porches as storage space is prohibited. Storage of anything under decks is prohibited.
  5. Clotheslines are prohibited.
  6. Only appropriate outdoor furniture may be located on decks.
  7. Rugs and carpeting are prohibited on decking.
  8. Laundry including beach towels and tarps may not be hung or draped on deck or balcony railings.
  9. Decking and railings are maintained by the Home Owners Association. Railings are Five Oaks Brown in color.
  10. Flower pots are to be elevated off the deck by means of “pot feet” or elevated shelf, low table, plant stand/s, or rolling platform/s. This will provide air circulation around the container/s and in turn help prevent rot.
  11. Flower boxes on railings also must allow for air circulation. Hanging racks from the railings are to be used for flower boxes.

SIDEWALKS

  1. Sidewalks are maintained by the Home Owners Association. Contact CFNC for maintenance issues.
  2. Owners may not alter concrete sidewalks.

WINDOWS AND DOORS

  1. Exterior front doors are to be painted Five Oaks Brown as approved by the HOA Board. All front doors are to be solid and uniform in size, design, style, and color.
  2. Storm doors are to be full glass doors and frames are to be dark brown in color. Owners must acquire HOA Board approval prior to installing storm doors.
  3. All windows/sliding door frames must be Five Oaks Brown as approved by the HOA Board.
  4. A vertical casement window for kitchens with no sliding door has been approved to provide ventilation. This window must be the same size as the existing window. This installation requires approval of the HOA board.
  5. Owners must acquire HOA Board approval prior to replacing existing windows and skylights.
  6. Owners are responsible for all damage caused by altered skylights on their property.
  7. Towels, sheets, clothing, rugs, posters, and blankets are not to be used as window coverings.
  8. The installation of burglar bars or security doors is strictly prohibited.
  9. Window air conditioners are only allowed in windows at the rear of the unit and require approval of the HOA Board.

ROOFING AND GUTTERS

  1. Gutters installed at owner's expense are to be the color of the building siding (Five Oaks Beige).
  2. Gutters at the front of townhouses shall extend and drain to the parking lot.
  3. Gutters at the rear of townhouses shall extend a distance of greater than four feet from the rear foundation wall.
  4. A rain barrel can be installed in front and camouflaged by a wooden structure (box or short fence) and painted the same color as the siding. A rain barrel (light in color) can be installed in the rear of the property. Both barrel and placement still require HOA board approval.
  5. Roofing is maintained by the Home Owners Association.
  6. Electric attic ventilation fans are prohibited. Solar-powered attic fans have been approved. Contact CFNC for HOA Board approved specifications for a solar-powered fan.
  7. Electric attic ventilation fans are prohibitied. Solar-powered attic fans no larger than necessary to cool 1,200 square feet of attic space can be mounted on the rear roof with the approval of the HOA board.
  8. Tubular skylights no larger than 10 inches in circumference can be installed with the approval of the HOA board.
  9. 18" satellite dishes may be mounted only at the back of townhouses and may not be placed in common area. Unit owners are responsible for damage caused by their satellite dishes.

LIGHTING

  1. Exterior lighting on individual units is to be kept in good repair by the owner.
  2. Pole lights and timers for those lights are maintained by the Home Owners Association. Contact CFNC for maintenance issues.

PLANTING, LANDSCAPING, AND GROUNDS

  1. Shrubs must be of an approved variety. Among those listed below, the HOA Board recommends that these plants be slow growing, low maintenance, and dwarf varieties:
    Azalea 	       	     	Rhododendron
    Gardenia		Holly
    Camellia		Dogwood
    Winter Daphne		Crepe Myrtle
    Ornamental Cherry	Hydrangea
    Periwinkle  		Acuba
    Japanese Dwarf Maple    Wood bark
    Low growing decorative grass
    
  2. Any owner-installed landscaping must be approved by the HOA Board and subsequently maintained by the homeowner.
  3. Mulching with pine straw is prohibited within 10 feet of all buildings according to Durham City Ordinance.
  4. The placement of trellises in private gardens requires HOA Board approval.
  5. Planting in common area requires HOA Board approval.
  6. Flower boxes and hanging baskets must be appropriately maintained with live greenery.
  7. The storage of personal belongings in common areas is prohibited.
  8. Patio construction is prohibited.
  9. Fencing of any kind is prohibited.
  10. Children’s toys and play objects must be stored out of sight when not in use.

TRASH CANS AND RECYCLE CANS/BINS

  1. Trash cans and recycle cans/bins are to be put to the curb the night before pickup and returned to place of storage the day of pickup.
  2. Trash collection is once every week and recycle collection is every other week by Durham Waste Management Department.

SUMP PUMPS

  1. Sump pump outlets shall be placed to ensure that water removed from any one unit is not likely to harm other units or common property.
  2. Units 7-27 shall direct drains to the parking lots and not the courtyard.
  3. Units 7-13 and 19-27 should be extended to the farthest curb away from the town home so that water does not drain into the town home’s individual parking spots.
  4. Units 1-6 and 28-58 should extend their drains to the rear of the town home at least twelve (12) feet beyond the foundation wall.
  5. Disputes regarding sump pump drains will be resolved by the HOA Board.

PETS

  1. All pets must be properly tagged and licensed as required by Durham County. Animals must be current on ALL vaccinations (Durham County Code of Ordinances Animals section 4-36).
  2. Household pets, responsibly kept, are permitted.
  3. Dogs are to be leashed at all time when outside of the unit.
  4. Dog waste must be cleaned up immediately, bagged in a plastic bag, and disposed of in your trash can.
  5. Dogs may not be walked on parking dividers, or close to the units. Dogs should be walked in common areas.
  6. Pet owners are responsible for any damage caused by their pets.
  7. Barking and nuisance animals are prohibited. Dog owners must ensure that barking dogs not become a nuisance.
  8. Exotic animals and livestock are prohibited.
  9. Commercial animal activities such as breeding or kenneling are prohibited.

REAL ESTATE SIGNS

  1. One sign per unit is permitted with a maximum printable space of 24” wide by 28” high.
  2. One informational box is allowed per unit with a maximum size of 12” wide by 24” high.
  3. Signs shall be mounted on the front of the unit, (hanging from a porch rail) or on a free standing mount placed no more than 12” from the front of the house.
  4. Free standing signs shall be placed parallel to the front of the house.
  5. Supplemental signs including name riders, open house hours, “Sold or Under contract” are allowed only if the total printed sign area does not exceed 24” wide by 28” high.
  6. Free standing open house signs must be removed by end of day of open house.
  7. As a courtesy to real estate agents and homeowners, the CFNC will notify the real estate agent or owner if a noncompliant sign is observed. The homeowner or real estate agent will have seven (7) days to correct the sign, after which the sign will be removed.
  8. The HOA Board reserves the right to move any noncompliant sign.
  9. Disputes or questions regarding signs shall be resolved at the discretion of HOA Board.

MAILBOX KIOSKS

  1. Mailbox keys and locks are the responsibility of the unit owners.
  2. Notices posted at the kiosks must be approved by the HOA Board.
  3. The HOA Board may remove any posting at a mailbox kiosk without notice.

MISCELLANEOUS

  1. Disposing of food scraps on 4100 property is prohibited. Dispensing of animal feed in common areas is prohibited. Bird feeders are the only exception.
  2. Yard Sales are prohibited on 4100 property.
  3. A complete list of maintenance responsibilities of the homeowner and of the HOA is located on the 4100 Five Oaks website http://www.4100fiveoaks.com/site/home/moving.
  4. Maintenance of any alterations to the exterior of the unit (for example, sunrooms, gates on decks, plexiglass on front skylights) is the owner’s responsibility in perpetuity.

FINE POLICY

As resolved September 21, 2015 by the HOA Board

  1. Rules violations will be identified per community rules posted at 4100 Five Oaks Community website. http://www.4100fiveoaks.com/site/home/rules or those recorded at the Durham County Register of Deeds office.
  2. Violated rules will be documented via photography, video or written description and may be noted by community manager, HOA board member, or any community owners.
  3. Owners of units found to be in violation of rules will be notified of the violation in writing and will be granted an opportunity to remedy the non-compliant issue within a specified time period. In the event of a non-compliance issue that requires action by a homeowner, the homeowner must take one of the following actions:
    1. Correct the violation , or;
    2. Provide a detailed plan with benchmarks for violation remediation, or;
    3. If the homeowner chooses to appeal the violation, submit a letter explaining their intentions to appeal. Then the homeowner must schedule an appearance at a HOA Board Meeting to appeal the violation in person.
  4. Owners who take no action within 30 days of notification of a rules violation shall incur a fine of $20 per day until the violation is corrected.
  5. The HOA Board shall decide whether a unit is in compliance.
  6. A lien will be placed against the unit if fines are not paid.
  7. Owners who have outstanding fine balances or liens placed on their units stemming from a rules violation may be denied voting status within the association.
  8. Copies of all notices, correspondence, corresponding meeting minutes regarding a rules violation shall be placed in a units archive file.
  9. The HOA Board shall have sole discretion on a case-by-case basis as to how fines, fine waivers, and remediation benchmarks shall be processed.
  10. HOA Board decisions shall carry by simple majority.
  11. Owners may have multiple appeals and opportunity to meet with the HOA Board at a regularly scheduled meeting with appropriate notice.