Covenants, Conditions & Restrictions
A brief explanation of the Covenants, Conditions & Restrictions recorded for Windstorm Park HOA.
1 – Fairview Village No. 4 Plat was recorded on January 8, 1998 in Book 1237, Page 10-12. This plat covered all the lots in phase 4 of Fairview Village and the lots within Windstorm Park HOA.
2 – In accordance with the subdivision approval by the City of Fairview, the Declaration of Covenants, Conditions & Restrictions, “CCRs” were recorded on February 24, 1998 as document #98027957. This placed specific restrictions on lots 190-197 and 200-217.
In general, CCRs are intended to protect property values, manage common expenses and reduce conflict between property owners. In the case of the Windstorm Park HOA, the Association operates through an elected board which receives no compensation for managing the affairs of the Association. The Board is able to assess annual dues to cover Association expenses and to amend By-laws as needed. The Board meets quarterly and holds one annual meeting per year.
The CCRs are binding on all properties at all times.
Covenants, Conditions & Restrictions CC & R
Since the adoption of the original CC & R back in 1998, the HOA has made various amendments and additions to the document. These include updates about specific lots filed with the city, more detailed rules regarding physical changes / improvements to individual properties that must be approved by the HOA’s architectural review board prior to installation / planting / construction, a clarification regarding rules on approved fencing, and finally a policy related to solar panels. You can read about and download each of these additions below. These amendments / additions are also binding on all properties at all times.
For homeowners’ convenience, we have also provided a link to the original CC&Rs including all current amendments / additions: CC & R with ADDITIONS
A brief explanation of the Amendment to the CCRs dated August 1, 2005 as Document 2005-143025.
Lot 198 was part of the Fairview Village No. 4 Plat but was not included in Windstorm Park HOA. Subsequently, lot 198 was subdivided into three residential lots. Realizing the mutual economic benefits of joining Windstorm Park HOA, the CCRs were amended to add lots 198-1, 198-2 and 198-3 to the Windstorm Park HOA.
All Windstorm Park HOA covenants, conditions and restrictions became binding on the three lots when the Amendment was recorded. The net affect is that these three lots are no different than any other lot in the Association and realize the same benefits and obligations of the original 26 lots. As a result, the Windstorm Park HOA consists of 29 lots.
Ammendment CC & R Amendment
A brief explanation of the ARB Clarifications adopted by the Board in June 2004.
Through a process that began in 2002 and was completed in 2004, the ARB resolved issues with exterior improvements that were outside of the original ARB guidelines. The CCRs anticipated amendments to the ARB process and provides for rule amendments via Board adoption. After soliciting comments by the association members in early 2004, the Board adopted the ARB Clarifications – June 2004 to help the ARB manage exterior alterations outside of the original restrictions.
ARB Update ARB Guideline Update
A brief explanation of the ARB Clarifications adopted by the Board in August 2013.
In 2012 the Board/ARB recognized an oversight in fence rules along certain rights of-ways. Following the principals set forth by setback requirements along alleys and approved by prior ARB actions along walkways, the Board adopted the ARB Clarifications – August 2013 to provide direction for members in the future.