HOMEOWNER ASSOCIATION FALL 2015

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REMINDER

SATURDAY OCTOBER 10TH9:00 AM - 12 NOON

Please join us for the 1st annual Cherokee Valley HOA Family Fall Fest at our own family recreation area.

Beaver Lake

We will have free: games, cupcakes, popcorn, snowballs, photo booth, bounce house, kids fishing rodeo (bring their poles), prizes and more.

Cherokee Valley HOA Web Site & Facebook

The Cherokee Valley Homeowner’s Association Board is pleased to announce that as part of the ongoing initiative to improve communication with the CVHOA members, in addition to our web site, www.cherokeevalleyhoa.com we now have our official Facebook Page Cherokee Valley Homeowners-Official. The purpose of the web site and Facebook page is to facilitate the communication of information between our residents and to serve as an information resource for both our neighborhood and our local community. It should provide you with more convenience and a wealth of online services and opportunities to share ideas and information. Hopefully, we will be able to communicate with our members via electronic media (e-mail and Facebook). To receive e-mail communications from the CVHOA Board, just register by visiting the web site, clicking on the link on the right side of the page, and completing the applicable form. If at any time you no longer wish to receive the electronic communications, it is very simple to remove yourself from the list.

ENTRANCE UPDATE Over the past years, to keep our community growing and hopefully our property values as well, the board solicited and received input from homeowners regarding capital improvement projects. As most residents

know, those requests included building another entrance structure at Dakota Circle North and Craft Rd. and some enhancements of the entrance on Renee Dr. and Craft Rd. Since the opening of Craft Rd., the Dakota and Renee entrances have become our most visible subdivision entrance points on the East and West sides.

For three plus years, a portion of funds from yearly dues were saved in a special “capital improvement account”. After obtaining three competitive bids, the board determined that we had sufficient funds to proceed with building the entrance structure at Dakota Circle North and Craft Rd. Construction was started in April. After some unanticipated delays, the construction has resumed and should be completed in a few short weeks. We have sufficient fund reserves remaining to maintain our yearly operations and we anticipate having adequate funds to facilitate some new social events throughout the rest of the year. We hope to install lighting and landscaping for the new entrance next year. We believe it is our responsibility to seek input from the CVHOA members as to the disbursement of funds. Therefore, at a later date in the near future, the board will be sending a poll/survey to solicit more input from our members.

NEWSLETTER

Amanda Umfress has restarted a BUNCO Night for neighborhood women. LOTS OF FUN, LAUGHS,

AND A GREAT OPPORTUNITY TO GET TO KNOW EACH OTHER. Bunco is a dice game that is easy to play. No previous experience needed. Prizes go to the most wins, most losses, most Buncos, and the person who holds the BUNCO Dice at the end of the night. The ladies meet one evening per month.

To join or with questions: email Amanda at: amandaumfress@gmail.com

NEW ACTIVITIES

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Declaration of Covenants Confusion

Long-standing law allows a landowner to create covenants, commonly called “CC&Rs”, on his/her property. When a developer acquires a tract or tracts of raw land, he owns all of the subdivided lots. The developer is entitled to write the covenants. In the case of our subdivision, Cherokee Valley, there are thirty plus documents recorded. The CC&Rs (sometime referred to as the declarations) are recorded with the DeSoto County Chancery Clerk. Currently, Cherokee Valley has 10 different sections, divided by lot numbers. Separate new covenants were recorded when each section was developed and there were also amendments filed for several of them.

Covenants can be positive (creating affirmative obligation) or negative (a restriction regarding the use of property). In short, when the property is sold, the buyer “promises” to follow the conditions and restrictions set out in the declaration. NO covenant can supersede any law. As examples involving the enter and correct clause: 1) the covenants may state that the HOA can enter a property to cut an overgrown, unsightly lot; but entering that lot may be legally construed as trespassing. 2) if a homeowner erects a fence not in compliance with the covenant, the HOA does not have the legal authority to remove the fence without court approval.

The covenants do not give the HOA any “real” enforcement powers. The courts are the remedy for violations and the only true way to enforce that owners do what they promised to do when they purchased the property. If violators do not voluntarily comply when they are reminded of what they promised to do, the Cherokee Valley covenants do allow the BOD to fine homeowners for violations of the covenants. If the homeowner does not pay the assessed fine, the declaration of covenants does provide a remedy to address violations through legal means. The BOD, the developer, or any homeowner has the right, but not necessarily the obligation, to go to court and get a judge to remind the violator that they have to comply. The BOD determines if issues warrant legal action to attempt to force compliance. The legal actions available to the HOA include placing a lien on the property or, in severe cases, filing a lawsuit against the property owner.

Alleged violations of covenants are generally first handled by progressive action. Verified violations are reported to our contracted management company, Keith Collins Co. The managing agent then sends a letter to the property owner explaining that they are in violation of the covenants and requesting that the violation be corrected. If the violation is not corrected within 10 days the property owner is sent a letter advising that a fine has been assessed for noncompliance. If violations are not resolved, the HOA Board of Directors may decide to bring legal action against the resident for enforcement of a covenant and/or collection of the assessed fine. There are costs involved with filing such legal actions. The BOD, using HOA funds, can file those legal actions and any homeowner, at their own expense, can also file them.

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Homeowner Association

COVENANT VARIATIONSTimes change, people change, laws change, and covenants can also change when they become dated or parts become unenforceable. To amend all of the Declarations for Cherokee Valley to reflect current practice and law, it would require a

super majority vote of all homeowners. In addition, attempting to amend the Declaration of Covenants would involve substantial costs. Covenants were written as guidelines and are not absolutely “etched in stone”.

As an example, the original covenants for Cherokee Ridge require that entrance doors have side light windows. Most of the newer homes were built with the more expensive double glass doors. An example of an outdated restriction based on current materials and building standards would be the requirement of wooden windows. An example of an impractical covenant requirement would be the two deciduous trees on lots in Cherokee Trails 2. There is little room to have two deciduous trees on those properties. In addition, after a few years the trees might need to be removed due to root damage to the home’s foundation or plumbing. An example of a covenant restriction not being enforceable would be satellite dishes not being visible from the street or golf course. No covenant can supersede federal, state, or local laws. Higher FCC law states that they can go where they need to go in order to get the signal as determined by the technician installing the dish. While property owners are obligated to comply with the covenants and rules, this does not extend to rules that are in violation of or contrary to federal, state, or local law.

The questions that must be asked are - Should the HOA attempt to enforce these types of restrictions and would the HOA be successful in a court of law if enforcement were attempted? The HOA and the Architectural Review Committee can grant reasonable variances because the language in the declaration of covenants makes enforcement discretionary.

VEHICLES PARKED ON THE STREET

Properties in Cherokee Trails have much less space available for driveway parking. As children in a household mature and reach driving age, the number of drivers and vehicles generally increases. The Board of Directors has received numerous complaints about people parking on the streets. Their concerns are valid. It is not just about how our neighborhood looks. Parking on the street causes decreased visibility and, in some cases, when cars are parked on both sides of the street makes it very difficult for emergency vehicles to get through. If children are playing near by or crossing the street, they may not be as visible to drivers if there are cars parked on the street. From a crime prevention standpoint, there is less chance of your vehicle being burglarized or vandalized if it is parked in your garage or at least in your driveway.

Private persons or organizations such as homeowner associations have no capacity to limit the public’s use of public streets. Throughout the United States, the regulation of public roads is vested exclusively in governmental bodies, usually the municipality in which the road is located. Olive Branch Code does allow parking on public streets. Olive Branch Code Section 38-70 states that it shall be unlawful to park any vehicle on a public street or right-of-way in the city for a period of 48 hours or longer. Any vehicle in violation of that code can be removed or towed away by the city at the owner’s expense.

What can you do to help? Please park your cars in your garage or at

least in your driveway.

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Homeowner Association

The Olive Branch Police Department informed us that whenever any resident of Cherokee Valley is leaving home for several days, if they notify the Olive Branch Police Department of when they are leaving and when they expect to return, the OBPD will make periodic checks of their home.

To contact the Olive Branch Police Department and request a vacation check, call (662) 895-4111

VACATION CHECKS BY THE OLIVE BRANCH POLICE DEPARTMENT

Because we live within a neighborhood that has a homeowners association, the potential to solve the kinds of problems that can plague individual homeowners is very good. As members of the CVHOA, we have the opportunity to communicate with our neighbors (the website and Facebook page are good examples).Although our neighborhood has very little crime, the only thing that keeps us from totally eliminating vandalism, burglary, and other community-based crime is lack of 100% participation by all of the members of our homeowners association.

If we all kept an eye out on our neighbors‘ houses while they were away and reported suspicious activity and/or persons, we would virtually eliminate neighborhood crime.

It can be easy to complain about the restrictions and lack of personal freedoms that living within a regulated community entails. Instead, we should be focusing on how we can use our association to help improve the quality of our lives. Let’s start focusing on the positives and working together to preserve community safety. Neighborhood Crime Watch is a great place to start! We need volunteers to be Crime Watch block captains. Please contact Sonny Mounicou at: taz@mounicou.com

We All Contribute To Community Safety

YARD OF THE MONTH

From April through October, the Cherokee Valley “Yard of the Month” program promotes the beautification of the Cherokee Valley Subdivision by providing recognition of the contributions made by individual homeowners in landscaping their property. Winners are chosen by the HOA Board of Directors who both walk and drive around the neighborhood during each month. They make their selection based on established guidelines, included in the descriptions below. It should be noted that BOD members can not win the award. Any Cherokee Valley resident may submit a nomination by emailing the BOD. Monthly winners are posted on the CVHOA Facebook Page and identified onsite through the placement of the official award sign - “Yard of the Month”.

Criteria: 1. The lawn and garden must have been established for a period of three months or more. 2. Beds, trees, and shrubs are in scale and proportion to the size of the lot and the house. 3. The garden displays variety and balance in color and greenery, not just colorful annuals and perennials, & but shades of green in horticulture and lawn. 4. The plants, trees, and lawns are healthy and well-groomed: walkways and sidewalks are neat and clean. 5. Landscape design compliments the home and green space. 6. The homeowner must be current on payment of the annual HOA dues. & In addition, special holiday yard decoration award recognition will be made on the Cherokee Valley & Homeowners-Official Facebook Page for Easter, 4th of July, Halloween, Thanksgiving, and Christmas.