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Covenents Conditions and Restrictions

  • Rosemont Pointe HOA CC&RS were established under the Oregon Planned Community Act ORS 94.550 to 94.783 and registered with the County of Clackamas on February 9, 2007.

    The guiding principals of these regulations are to maintain property values and the quality of life within the community.

    Our HOA or Homeowner Association is a legal entity created to manage and maintain the common areas of a community.

    In addition the HOA through the Board of Directors and Committees established by the Board enforces the CC&RS.

    When purchasing a home in the Rosemont Pointe development, an Owner automatically becomes a member of the HOA and has a contractual duty to abide by all provisions of the CC&Rs.

    The Board of Directors and other established committees act under a defined process of notification of violations to the CC&Rs. It may begin with informal contact notifying a homeowner of a violation. The process may lead to a series of more formal notifications and can result in the assessment of fines.

  • The areas that have resulted in actions by the Board to date have included:

    Maintenance of landscaping CC&R section 6.5

    Mowed and weed free Garbage cans CC&R section 6.10

    Garbage can out of public view except for pick up day

    Dogs creating a nuisance CC&R section 6.4

    Unrestrained or barking dogs

    Recreational Equipment in view CC&R section 6.14

    Parking CC&R section 6.7

    Requires owner to provide adequate off-street parking for vehicles and states “Owner shall not park the Owner’s vehicles on adjacent roads or streets as a matter of course.”

    This is supported by Article 6.22 “Garages shall be used primarily for vehicles, and secondarily for storage.”

    Article 15.1 Lessees and Other Invites including contractors, members of the family, is applicable in relation to parking as well as other more general areas of the common area and the pool. The Owner shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner himself.

Frequently asked Questions

1. Who wrote the rules?
The governing documents are the Covenants, Conditions, and Rules (CC&Rs). They are required by the state for developments of this sort. They are filed with the county of Clackamas for the benefit of the property under Oregon Planned Community Act, ORS 94.550 or ORS 94.783.

2. Why are their CC&Rs?
To maintain the infrastructure of the neighborhood so that it stays in good condition, to define
acceptable activities, to define easements granted to the city and various utility companies.
CC&Rs also define financial requirements.

3. Can I opt out?
No. When purchasing a home in the Rosemont Pointe neighborhood you agree to be governed by these CC&Rs.

4. Who enforces the CC&Rs?
A Board of Directors is elected to oversee the neighborhood. There is a defined process of
notification when a CC&R is not being followed, including an appeal process, and the possibility
of fines.

5. Why is there a property management company?
To carry on the day to day business of the neighborhood including collecting dues, paying the
various vendors, and executing the directions of the Board.

6. Why do I pay dues?
The neighborhood includes common areas and the pool and provides high-speed fiber optic
Internet service. The major portion of the dues is the Operating Budget for the day to day ongoing expenses. A smaller portion is collected to fund a Reserve Fund to pay for long term repairs and updating to the property at Rosemont Point. Statutes set the requirements for this fund. $40 is payment for the high-speed fiber optic internet service from Fibersphere Communications.

7. Can I have a different internet service?
Yes – but the cost of that service is your responsibility and you cannot opt out of paying the
complete amount of assessed dues.

8. What parts of the CC&Rs should I be most aware of?
Includes guidelines for permissible uses and defines restricted uses both related to the structures and behavior. Below are some of the provisions:
Includes information on the structures permitted,
Restricts business use of home,
Defines offensive or unlawful behavior,
Limits animals,
Requires maintenance of structures and landscape,
Restricts parking to garage or driveway only,
Limits signage
Provides guidelines for construction
Restricts recreational equipment
Requires approval for fences, hedges, retaining walls, etc.
Requires garbage containers be out of view except during collection
Limits antennas and satellite dishes
Limits exterior lighting and noise devices
Defines garages as being primarily for parking, not for storage
Allows for long term rental. Owner must include compliance with the CC&Rs in the lease and is
still ultimately responsible.

Article 7 Architectural Reviews
Defines all activates requiring approval by the Architectural Review Committee

Article 10 Assessments
Provides for assessments
Defines Operating Funds and Reserve Funds

Article 11 Enforcement
Empowers the Board to enforce provisions of the CC&Rs
Allows for the assessment of fines
Allows for liens
Allows for penalties and Interest

Article 14 Amendments and Repeal
Describes process and sets requirements for Owner approval to changes to the CC&Rs

Article 15
15.1 Defines all CC&Rs as applicable to lessees, employees, invitees, contractors, and family and states Owner is responsible for their compliance.
The complete CC&Rs are available on the Management Trust (Property Management) website or can be obtained by email from any Board member.

UPDATE: It has come to the attention of the board that the process for voting for this ammendment might need to be changed. Please do not vote at this time until the board has had time to review the bylaws ammendment process and has provided an update. The text below is for informational purposes only and can be discussed in more detail at the next HOA meeting.

Proposed HOA change to Bylaws Explanatory notes for Proposed Electronic Notifications:

Bylaw changes require a vote of 50% of the members (one vote per home). 

This change is being proposed by the Board as a cost cutting measure to reduce the costs of required and informational mailings. It will also provide faster dissemination of information in some cases. At the time our Bylaws were written email communications were not as sophisticated as they have become so electronic notifications weren’t noted.

The Bylaws Proposal allows for those who want to receive emails to do so AND for those who want regular mail notifications to receive them.

Please note: It specifies information will be posted to the website AND emailed to those who have returned email information. 

It further stipulates that if we have an email on file for the directory, that we will send information the your email.

Registering for electronic notifications will not automatically register you for publication in the directory.

Rosemont Pointe

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