Wind Drift

Wind Drift Rules/Enforcement Policy

Adopted August 20, 2001

WIND DRIFT MASTER COMMUNITY ASSOCIATION



INTRODUCTION

Wind Drift Master Community Association is a community, which has been carefully planned and constructed. The Master Declaration of Covenants, Conditions and Restrictions were created with the intention of promoting and protecting cooperative use, conduct and maintenance of the subdivision and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the community.

Wind Drift Master Community Association consists of eight parcels of land situated in the township of Gilbert, Arizona. Eight single-family subdivisions have been developed: Harbor View, Southern Shores, Colonial Shores, Heritage Cove, East Lake, Mariners Point, Lakeview Terrace and West Shore.

In an effort to clarify the Covenants, Conditions and Restrictions (C C & R’s), the Board of Directors has adopted Rules and Regulations and Architectural Rules to govern the association. These Rules and Regulations and Architectural Rules are intended to summarize the major components of the CC & R’s and establish standards for remodeling of residences and defining community rules concerning property use. The Rules and Regulations and Architectural Rules also demonstrate the importance each homeowner plays in maintaining a quality environment at Wind Drift. Your assistance and cooperation in following these Rules and Regulations and Architectural Rules will help to make Wind Drift a lastingly beautiful community.

Adopted by Resolution of the Board of Directors of the Wind Drift Master Association on August 20, 2001.
















Revised 8/20/01


COMMUNITY ORGANIZATION
Every homeowner in the Wind Drift community is a member of Wind Drift Master Community Association. The Association is the entity responsible for the management of all common areas and related facilities and administration of construction activities in accordance with the adopted Rules and Regulations and Architectural Rules.

The Board of Directors is empowered by the governing documents to manage the affairs of the Association. The Board has a wide range of duties, responsibilities and powers including the authority to adopt rules and regulations governing the use of common areas and to employ a management firm to assist in the operation of the Association.

The Reedy Group is the firm, which has been retained by the Board to manage the daily operations of the Association. As managing agent for the Association, it is the function of The Reedy Group to implement community policies set forth by the Board. The Reedy Group responds to homeowner’s concerns regarding violations and enforcement of the CC & R’s, architectural review and overall operations of the planned community. The Board, however, maintains the ultimate responsibility for the management of the Association.

ASSESSMENTS
Assessments are levied by the Association and used to promote the recreation, health, safety and welfare of all the residents on the property, for the improvement, maintenance, and repair of the Association land. Specifically, homeowner assessments cover the expenses for the daily operations of the association, such as lake maintenance and landscape contracts.

Currently, quarterly assessments are due March 30, June 30, September 30 and December 31 of each year. Each homeowner will receive a coupon book from The Reedy Group. Assessments may be paid in monthly or quarterly installments as long as the entire quarterly assessment is received by the above due dates. The Reedy Group has also made it possible for you to set up automatic payments through your checking account for a small fee for your convenience. Please contact The Reedy Group for more information on this. Delinquent accounts will be assessed late fees and collection fees and may be turned over to the Association’s legal counsel for collection. For more details, please refer to the Wind Drift Delinquency and Collection Policy.

ARCHITECTURAL REVIEW PROCESS
The requirements, objectives, standards and procedures contained in these Rules and Regulations and Architectural Rules are all intended to establish and maintain a harmonious community image for Wind Drift. The CC & R’s require written approval from the Architectural Review Committee before any change to a site or building exterior of a residential property is made. Residents with proposed changes should contact The Reedy Group to obtain the necessary submittal documentation.

Simply stated, no new construction or remodeling, including changes in exterior color, is to occur without prior approval of the Architectural Review Committee. For example, you would need approval for the extension of a wall between your lot and a neighbors, the addition of a gazebo or any other structure that might exceed the height of the party walls, the addition of a patio cover, or to change the original paint color of your home. It is the homeowner’s responsibility to ensure that any proposed construction is coordinated with, and where applicable, approved by any other local agencies, such as the Town of Gilbert. The Association and/or Architectural Review Committee assume no responsibility for obtaining approvals or permits for such changes.

ARCHITECTURAL RULES

Basketball Goals
Fixed-in-place basketball goals and backboards are permitted and shall be erected independent of the home. No basketball goals are allowed to be attached to the home. The basketball pole must be painted a neutral color; white, black or the color of the home is always acceptable. Other colors may be approved at the discretion of the Architectural Review Committee. Basketball goals (including nets) shall be maintained in a neat manner so as not to distract from the overall appearance of the community. The Association reserves the right to request removal of such goal due to poor maintenance or if the goal becomes an eyesore. Portable basketball goals are permitted and are subject to the same restrictions as fixed-in-place basketball goals. Portable basketball goals must be stored off the sidewalk when not in active use.

Clothes Lines
No clothes lines or other outside facilities for drying clothes shall be erected, maintained or placed in any yard so as to be visible from the street, neighboring properties or common areas.

Double Gates
Double gates may be installed to allow more convenience access to rear years. Double gates should be of the same type, design and color as the originally installed single gates and should be of wood construction. The gates should not exceed the height of the adjacent walls. Requests for approval of double gates must be submitted to the Architectural Review Committee prior to construction.

Gutters and Downspouts
Gutters and downspouts are permitted provided that they are of sturdy construction and that the color of the gutters and downspouts match the color of the surface to which they are affixed.

Landscaping
The Association does not review or approve landscaping plans for individual single-family lots. However, each homeowner is responsible for keeping his yard neatly trimmed, properly cultivated and free of trash, weeds, and other unsightly material. Please notify the Management Company of any major changes to existing landscaping.

All residences must install landscaping from the front side fence lot line within ninety (90) days of possession of the home. All lakefront homes shall have lakefront landscaping installed within one hundred eighty (180) days of possession of the home.

In the event that an owner does not maintain his lot in a neat and proper manner, and does not respond to notification from the Association regarding the maintenance of the property, the Association may restore the lot to the prior condition and impose a maintenance charge on the owner for this service. If the owner fails to pay the maintenance charge within thirty days of presentation of the bill, the amount shall be considered past due and subject to collection by the Association.

Lakefront property owners are required to maintain their lots in such a manner that no soil, debris, or contaminants may wash into the Lake from their property. No plant life shall be allowed to grow into the Lake.



Party Walls and Fences
The Architectural Review Committee must approve all new fence construction or modifications to existing fences. No fence or wall higher than 6 feet shall be constructed across the rear or along the side of any lot. The Architectural Review Committee may permit side fences and lot line fences on the street side of lots, which abut arterial or collector streets, and fences, which abut the boundary of adjacent parcels or communities to exceed 6 feet in height. All fences must be of block construction of the same design as adjacent or nearby fences. All party walls/fences shall be maintained at joint cost of the adjoining owners. Fences constructed upon the back of any lot that does not adjoin any other lot shall be maintained and repaired at the sole cost of the owner of the lot.

Patio Covers, Storage Sheds, Gazebos and Other Structures
Any structure exceeding the height of the wall surrounding the home may not be erected without written approval of the Architectural Review Committee.

Roof Equipment
No device of any type including air conditioning units, evaporative coolers, etc., shall be placed on any roof without prior written approval of the Architectural Review Committee.

Satellite Dishes, Antennas
A. This section applies to antennas, satellite television dishes and other devices (“Receivers”), including any poles or masts (“Masts”) for such receivers, for the transmission or reception of television or radio signals or any other form of electromagnetic radiation.

B. As of the date of adoption of this instrument, Receivers one (1) meter or less in diameter are subject to the provisions of Title 47, Section 1.4000 of the Code of Federal Regulations. “Regulated Receivers” shall mean receivers subject to Federal Regulations as such regulations may be amended or modified in the future or subject to any other applicable federal, state or local law, ordinance or regulation (“Other Laws”) that would render the restrictions in this Section on Unregulated (hereinafter defined) invalid or unenforceable as to a particular receiver. “Unregulated Receivers” shall mean all receivers that are not Regulated Receivers. Notwithstanding the foregoing, a Regulated Receiver having a mast in excess of the size permitted under Federal Regulations or Other Laws for Regulated Receivers shall be treated as Unregulated Receivers under this Section.

C. No Unregulated Receivers shall be permitted outdoors on any Lot, whether attached to a building or structure or on any Lot, unless approved in writing by the Architectural Review Committee, with such screening and fencing as such committee may require. Unregulated Receivers must be ground mounted and must not be visible from neighboring property.

D. Regulated Receivers shall be subject to the following requirements:

i) A Regulated Receiver and any required mast shall be placed so as not to be visible from neighboring property if such placement will not (a) reasonably delay or prevent installation, maintenance or use of the Regulated Receiver, (b) unreasonably increase the cost of installation, maintenance or use of the Regulated Receiver or (c) preclude the reception of an acceptable quality signal.

ii) Regulated Receivers and any required masts shall be placed on Lots only in accordance with the following descending order of locations, with Owners required to use the first available location that does not violate the requirement of parts (a) through (c) in subsection (i) above:

1. A location in the back yard of the Lot where the Receiver will be screened from
view by landscaping or other improvements;

2. An unscreened location in the back yard of the Lot;

3. On the roof but below the roof line;

4. A location in the side yard of the Lot where the Receiver and any pole mast will be
screened from view by landscaping or other improvements;

5. An unscreened location in the side yard.

Notwithstanding the foregoing order of locations, if a location stated in the above list allows a Receiver to be placed so as not to be visible from neighboring property, such location shall be used for the Receiver rather than any higher-listed location at which a Receiver will be visible from a neighboring property, provided that placement in such non-visible location will not violate the requirements of parts (a) through (c) in subsection (i) above.

iii) Owners shall install and maintain landscaping or other improvements (“Screening”) around receivers and masts to screen items that would otherwise be visible from neighboring property unless such requirement would violate the requirements of parts (a) through (c) in subsection (i) above. If an Owner is not required to install and maintain screening due to an unreasonable delay in installation of the Receiver that such screening would cause, the Owner shall install such screening within thirty (30) days following installation of the Receiver and shall thereafter maintain such screening, unless such screening installation or maintenance will violate the provisions of parts (a) through (c) in subsection (i) above. If an Owner is not required to install screening due to an unreasonable increase in the cost of installing the Receiver caused the cost of such screening, the Association shall have the right, at the option of the Association, to enter onto the Lot and install such screening and, in such event, the Owner shall maintain the screening following installation, unless such screening installation or maintenance will violate the provisions of parts (a) through (c) in subsection (i) above.

The provisions of this section are severable from each other; the invalidity or unenforceability of any provision or portion of this section shall not invalidate or render unenforceable any other provisions or portion of this section, and all such provisions or portions of this section shall remain valid and enforceable. The invalidity or unenforceability of any provisions or portions of this section to a particular type of Receiver or Mast or to a particular Receiver or Mast on a particular Lot shall not invalidate or render unenforceable such provisions or portions regarding other Receivers or Masts on other Lots.

Signage
No advertising, signs or billboards are permitted with the exception of signs necessary to the development for the sale of homes or pertaining to the disposition of land within the development. One dignified For Sale or For Lease sign is permitted per home, not to exceed 6 square feet.


Please note: Not every architectural issue is addressed in these Architectural Rules. If you are
uncertain whether a particular improvement will require Architectural Review
Committee approval, please contact the management company.

RULES AND REGULATIONS


Parking
The parking of passenger vehicles (or their acceptable substitutes) within the community shall be permitted in garages, driveways or on other approved parking surfaces. Vehicles should never be parked in front and side yards which are visible from streets, neighboring property or common area, in association common areas, or in any other unapproved parking areas. Bike lanes shall be kept clear at all times. The parking of inoperable vehicles is prohibited. For information on RV/boat parking, please refer to Recreational Vehicles, Boats, Trailers, and Commercial Vehicles below.

Recreational Vehicles, Boats, Trailers, and Commercial Vehicles
The parking or storage of any RV, boat, camper, trailer is prohibited within the community where visible from the street, neighboring property or common areas, with the exception of boats moored at shore on lakefront lots. RV’s, boats, campers or trailers may be parked in the driveway of the home for the purpose of loading and unloading only, not to exceed a forty-eight hour period. Please contact the management company to request an exception if more than 48 hours is required. Wind Drift has adopted the Town of Gilbert’s definition of a commercial vehicle as written or modified. In accordance with this definition, a vehicle, with or without a logo having a chassis rating of 1 ton or less that does not exceed 10,000 lbs. Gross Vehicular Weight (GVW), is allowed to park in a residential neighborhood. Wind Drift prohibits street parking of this type of vehicle. You may park a vehicle as defined above in your garage or driveway only. Commercial vehicles exceeding 10,000 lbs. GVW are prohibited from parking within the community where visible from the street, neighboring property or common areas.

Pets
Residents are allowed to keep a reasonable number of generally recognized house or yard pets. Animals cannot be kept or raised for commercial purposes, and they are not allowed to make an unreasonable amount of noise or become a nuisance to neighbors. No structure for housing the animals may be visible from the street, neighboring property or common areas. Pets must remain on leashes at all times while on Association property. Owners shall pick up after their pets.

Trash Containers and Collection
Trash and recycling containers are provided by and picked up by the Town of Gilbert. Trash and recycling containers may be placed on the street after 5:00 p.m. the evening before normal pickup days, and should be removed to a storage area as soon as possible after they have been emptied. Each owner should provide an area for storage of the containers, which is not visible from the street, an adjoining lot or common areas. For example; behind the side wall, in the garage, or behind a structure specifically designed to conceal trash and recycling containers from view. Trash and recycling container enclosures must be approved by the Architectural Review Committee prior to construction. Trash and recycling containers are not permitted to be in view on non-collection days.

FISHING RULES



1. Fishing at Wind Drift is restricted to residents and their guests. Guests must be accompanied by a resident while fishing. We encourage all owners to report “known” trespassers to the Gilbert Police Department at 892-3434.

2. The practice of “Catch and Release” is strongly recommended. The daily catch limit is three (3) fish per day per household. All guest catches are included in the household catch count. White Amur and Tilapia fish are catch and release only.

3. When returning fish to the water, please do not try to remove the hook if the fish has swallowed it. If hooked other than in the lip, cut the line; the fish will absorb the hook.

4. Wind Drift residents and their guests are permitted to cast from common areas bordering the lake and from boats meeting Wind Drift requirements. Fishing from private property may be done only with the explicit permission of the property owner.

5. Please clean up any debris when leaving the lake (cans, bait, tackle and trash). Cleaning of fish at the lakeside is prohibited, as well as leaving litter and dead fish on the shoreline or in the water.

6. Gigs, spears, explosives, firearms, air rifles, electric devices, nets, traps, and bows and arrows are prohibited.

LAKE RULES



1. All private waterfront areas are for the exclusive use of the owner or residents of the lot.

2. Swimming in the lake is strictly prohibited.

3. Owners and residents may not operate gasoline or other combustible power watercraft on the Wind Drift Lake.

4. Watercraft may not exceed 18 feet in length; draft is not to exceed 12 inches. All watercraft must be registered with the Association. Please contact the management company for a registration form. Swimming pool type watercraft, floats, inner tubes, wind sails and catamarans are prohibited.

5. All watercraft must be equipped with flotation devices pursuant to State of Arizona regulations regarding flotation devices.

6. Watercraft operated after dark must show light pursuant to State of Arizona regulations regarding lights.

7. Excessive noise is prohibited.

8. Mooring of boats is limited to private docks.

9. If a watercraft sinks at Wind Drift Lake, the owners of such watercraft have ten days to retrieve the watercraft at their own expense. After ten days, the Association may subcontract to recover the craft and will assess the owners the full expense of doing so.

10. It is the responsibility of an owner to maintain his dock and waterfront area in a neat, clean manner. The Architectural Review Committee must approve, in writing, the type and location of a dock prior to its construction.

11. Pursuant to State of Arizona regulations, watercraft should not be operated while the operator is under the influence of intoxicants or drugs.

12. Normal traffic on Wind Drift Lake shall be counter-clockwise. The operator of a watercraft under power shall yield right-of-way to any craft not under power, unless such non-powered watercraft is overtaking a power craft.


ENFORCEMENT OF CC & R’s, RULES AND REGULATIONS
AND ARCHITECTURAL RULES

A homeowner in violation of the CC & R’s, Rules and Regulations or Architectural Rules will be notified in writing by the Management Company. If the violation is not corrected within 10 days, a second notice of violation will be issued. If the violation is not corrected within 10 days of second notification, the owner will be sent a third notice of violation requesting them to appear before the Board of Directors in Executive Session, at which time a fine will be determined and imposed. The Board of Directors can levy a fine of up to $25.00 per day, which can be retroactive to the date of the first notice.

If the same violation occurs within 90 days, the homeowner will go back to the previous violation stage. For example: if the homeowner receives a notice of a violation and immediately corrects the problem, then commits the same violation within a 90 day period, the homeowner will receive a 2nd violation notice, if he received a fine for the violation, another fine will be imposed. Once the homeowner has gone 90 days without a repeat of the same violation, enforcement begins at the first violation notice again.

Violations that remain uncorrected after a fine has been imposed will be turned over to the Association’s legal counsel for resolution. Fines are collectable in the same manner as assessments and are subject to late fees, collection fees, liens, etc.