RULES AND REGULATIONS
CLEARVIEW OF TALENT RESIDENTIAL ASSOCIATION, LLC

These Rules and Regulations are adopted in conjunction with the recording of the Bylaws and Declaration of Covenants, Conditions, and Restrictions for Clearview of Talent Residential Association, Recorded the 6th of February, 2023.

SECTION A. ADOPTED

The following Rules and Regulations were revised and adopted by the Board of Directors on the 6th of February, 2023.

SECTION B. APPLICABLE

There are herewith established the following Rules and Regulations which shall be applicable to each person and entity, directly or indirectly, having any connection with the Clearview of Talent Residential Association or its associated property (“Property”). These Rules shall apply to all Owners, Members, Associate Members, their tenants, guests, visitors and invitees.

SECTION C. EFFECTIVE

These Rules and Regulations are effective on the date of their adoption and intended to implement the Declaration, the Bylaws and the Articles of Incorporation relating to the Property.

SECTION D. SECTIONS

These Rules and Regulations are divided into Four sections; to-wit;

Section E. relating to the Architectural Review Board;

Section F. relating to Restrictions;

Section G. relating to Enforcement and hearing provisions; and

Section H. relating to General Provisions.

SECTION E. ARCHITECTURAL REVIEW BOARD

  • For the purposes of further assuring the development and continued existence of the Property as an area of high standards, the Architectural Review Board (hereinafter, the “ARB”) reserves as herein provided the power to control the buildings, structures and other improvements placed, erected or maintained on each Unit site and elsewhere in the Property, as well as to make such exceptions, waivers or consent to these Rules and Regulations as the ARB hereinafter designated shall deem necessary or proper. As a part of that purpose, an ARB is hereby established and shall exist with jurisdiction and authority as provided in the Declaration Article IV section 4.8 and Section F Item 20 in the Rules and Regulations.
  • It shall be the duty of the ARB to regulate the external design, appearance, location, and maintenance of all the Property, including Residential Lots and of all improvements thereof, whether on a Lot or Common Property, and to regulate use of such Property as described in the Declaration.
  • No change or alteration (including front yard landscaping) within the control or jurisdiction of the ARB shall be made by any person without first having secured the advance written consent of the ARB.
  • No building, fence, wall, sign, or other structure of any type shall be erected upon the Property, nor shall any exterior addition to, change in, painting or staining of, or alteration to any Unit, outbuilding, fence, wall, sign, or other structure on the Property of any type be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing by the ARB as to the quality of workmanship, harmony of external design, materials, color, and location in relation to surrounding structures and planned topography.

SECTION F. RESTRICTIONS

  • Provision and Limitations: The use provisions and limitations set forth in Articles III, IV and VII of the Declaration are incorporated herein. For brevity, those Articles deal with the Property rights in Common Areas, architectural control and protective Covenants, Conditions and Restrictions. Each owner shall comply therewith.
    • Each owner, Member and Associate Member shall have the obligation to inform the Board of any person or persons who violates this Section or any other of the Rules or Regulation of the Association.
    • It shall be the duty of each Owner, Member and Associate Member to enforce this and all the other Rules and Regulations as to all conduct in and about and upon the Lot and Dwelling Unit of that respective Owner, Member or Associate Member by notifying the Board.
  • Pets, Livestock and Poultry: No animals, livestock or poultry of any kind shall be allowed, bred, or kept in Clearview by a resident, guest, or visitor, except that an Owner or resident may keep small common domestic household pets that will not be a nuisance or health hazard. Dogs, cats, or any other household pet of an Owner, Member, Member’s family, tenant, family, or Member’s delegate shall not be allowed to make loud noises or run loose in Clearview Residential Subdivision, the adjoining neighborhoods or on the adjacent Clearview Commercial Property. Pets that are being walked must be on a leash at all times and the person walking the pet must immediately pick up behind their pet, or the Owner and Resident may be subject to a fine imposed by the Association.
  • No nuisance or any use or practice that is the source of annoyance to other residents, or that unreasonably interferes with the peaceful possession and proper use of the property by its residents, shall be allowed within Clearview. All Owners, Members, Associate Members, their tenants, guests, visitors and invitees shall exercise extreme care about creating or allowing disturbances, making noises, dog barking, or using musical instruments, radios, televisions, and amplifiers that may disturb other residents, and must comply with Talent Municipal Code 9.05.040 regarding noise. It is not permitted to operate any device emitting noise which can be heard beyond the perimeter boundaries of any Lot between the hours of 10:00 p.m. and 7:00 a.m. Also, vehicle muffler noise must comply with Oregon Statutes and Talent Municipal Code 9.05.040.
  • Subject to exceptions as provided and contained herein, personal vehicles are all automobiles, sports utility, small vans and/or pickup trucks owned and/or used exclusively by a Member and/or an authorized resident of a household. A total of two personal vehicles may be parked in a unit’s driveway, or said vehicles may be parked street side. Except for said personal vehicles, no resident of Clearview shall park, store, or allow any other vehicle, truck, camper, camper unit, boat, water craft, golf cart, trailer, motorcycle or any other such vehicle, recreation device, or equipment, or that of guests or visitors, to be parked or stored permanently, or temporarily in any driveway, or on any street, or on-street guest parking space, or any common area within Clearview, outside of a totally enclosed garage, for a period exceeding seventy-two (72) hours (total) within any one (1) week period (168 hrs). The 72 hour and one week time-frames begin upon the time and date of first occupancy of a parking space. (Example: three separate space occupations of 24 hrs, or other variants, within the one week time-frame counts the same as a solid block of 72 hours.) No electrical, water, or other utility cords or cables, or any obstruction or impediment, shall cross or obstruct any sidewalk, street or HOA parking space connecting to a vehicle, truck, camper, camper unit, boat, water craft, golf cart, trailer, motorcycle or any other such vehicle, recreation device, or equipment, or that of guests or visitors at any time. No Owners or tenants shall repair or restore any vehicle or other personal Property of any kind upon the exposed pad of any Lot or Common Area, except for Emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility. Nor shall any of the above described vehicles, etc., incapable of movement in the manner for which it was designed, be allowed to park, be stored, repaired, overhauled or worked on outside of a totally enclosed garage for a period exceeding two (2) hours in any single twenty-four (24) hour period.
  • Discharge of firearms, air-rifles, pistols, C0-2 arms, bows and arrows, slingshots, fireworks or any potentially hazardous projectile within Clearview Residential Subdivision is strictly prohibited by the Board. Additionally, Talent City ordinances also prohibit all fireworks.
  • Garbage and Refuse Disposal & Pickup: No Lot or any portion of the Property shall be used or maintained as a dumping ground for rubbish, and no trash or garbage cans shall be left outside a premises, except as herein provided: Trash, garbage, recycling, or other waste shall not be permitted on a Lot or Property, but shall be placed in the same approved type, kind, and color sanitary containers of which shall be supplied by the Sanitary company approved by the Association, or other such containers as may be approved in advance by the ARB.
    • Owners shall maintain such containers, which shall be kept in a clean and sanitary condition and stored in the confines of their garage or side yards. On the pre-arranged trash collection days, trash containers shall be placed outside the home at the edge of Owner’s driveway or by the sidewalk of the street, and put back into the garage by the Owner or Unit resident as soon as reasonably possible after pickup. Members pay for the costs of their trash collection.
    • No person or entity shall damage, destroy, deface any of the Property belonging to the Association or any other property within Clearview, and further shall not litter, leave, throw or deposit any litter, trash, burning materials, refuse, paper, garbage of any kind whatsoever in or about or upon any part of the Property or any other location in Clearview, excepting only in an enclosed trash or rubbish container specifically constructed and provided for such purpose. Parents are expected to ensure that any materials or objects left by children outside their residence lot are picked up in a timely manner.
  • It is intended that fences, hedges and walls will be used for screening and privacy purposes. Any proposed change of plans for fencing, hedges, walls, or screening of backyard privacy areas and patios, must be submitted and approved by the ARB.
  • No clotheslines, clothing, laundry or wash shall be aired or dried on any portion of the Units or Lots that would be objectionably visible from the Neighboring Lots, Common Areas, pathways, or adjoining neighborhoods. If there is an issue, the ARB shall arbitrate. (Note that this is being revised. State law allows clotheslines.)
  • No person or entity shall loiter or conduct any activity in any of the Common Areas or Lots within Clearview which is not otherwise expressly allowed by Rules or by a designated posting and as may be set forth in the Declarations.
  • Enclosed Garages for automobiles are provided. No conversion, modification, alteration or change shall be made to buildings on any lot which would reduce this minimum enclosed garage requirement or the original design of the Dwelling structure.
    • No exterior alteration or addition, however slight, shall be made to any Unit or premises without prior written approval as provided under Article 4 of the Declaration by the ARB.
    • Without limitation on the generality of the foregoing, the term “exterior alteration” includes a change of color of paint on the exterior of any Unit. No structure of a temporary character shall be erected or maintained on any Lot or building site other than during the period required for building, construction or emergency.
    • No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. A small temporary tent for children playing is acceptable.
    • The land now set aside in the Common Area having a landscaped park, and the underground sprinkling and lighting contained therein, and in any other designated Common Area (s) to be established in Clearview, will be maintained for the joint use and enjoyment of all Unit Owners in Clearview. Any temporary play structure placed in our parks must have approval from the Board, and is limited to a maximum of 48 hours from installation to removal, and no more than once a month.
  • Rental units, whether managed by Owner or professional real estate manager, shall be subject to all Clearview of Talent Residential Association, Inc. Declarations and Clearview of Talent Residential Association Inc. Rules and Regulations. Property owners are responsible to ensure compliance, particularly of tenants and guests.
  • No person shall solicit within Clearview Residential Subdivision to offer, sell, enlist support for, or promote any item or proposal of commercial nature or non-commercial nature by means of personal contact, including the handing out of handbills, or other literature or advertisement, the wearing or displaying of any advertisement, or door-to-door contact. No solicitation except as otherwise provided herein shall be allowed within Clearview Residential Subdivision.
    The following types of solicitation shall be allowed within Clearview Residential Subdivision:

    • Solicitation by means of literature, advertising, newspapers, periodicals, or other printer matter either posted or left for sale or distribution to the public at large at such places within Clearview Residential Subdivision and in such manner as the Board of Directors may designate shall be allowed, should the Board decide to install such.
    • Solicitation by means of newspaper, periodical, radio, television, or similar advertisement means, placed in such media outside of Clearview Residential Subdivision which reach persons within Clearview Residential Subdivision through the U.S.mails, newspaper delivery routes, electromagnetic airwaves and currents, or other similar delivery means in compliance with the Clearview Residential Subdivision Rules, Regulations, and Declaration shall also be allowed.
    • Solicitation (including solicitation to promote sales, rentals, or other arrangements for the transfer or ownership or the sharing or use of any residence or Property within Clearview Residential Subdivision shall be allowed if such solicitation occurs in response to a prior expression of interest by a person, including follow-up meetings, telephone conversations, the preparation or delivery of written matter, the showing of residences or property within Clearview Residential Subdivision, or other activities customarily related to real estate transactions, so long as such is not contrary to the Declaration provisions hereof.
  • Home Occupations: Any lawful occupation as defined and allowed in the residential area by the ordinances of the City of Talent designated “Allowable home occupation” carried on by any Owner, Member or Associate Member shall be permitted. It is prohibited to display any sign, or other identifying logo or other similar indica relative to any occupation without the written approval of the ARB. Retail, wholesale or other sales are likewise prohibited. The employment of employees shall be subject to the ordinances regulating home occupations in the City of Talent. No home occupation shall affect the external appearance of any Unit, and all Rules and Regulations hereto shall be in compliance with the Declarations.
  • Vehicles (Including Motorcycles)
    • All motorized vehicles shall be licensed and shall be operated by licensed operators in accordance with the laws of the State of Oregon; all operators shall obey all posted signs and vehicle speed limits. No person or entity shall travel in any area other than on surfaced roadways or driveways unless advance permission so to do has been first obtained; no person or entity shall park in other than the designated parking area applicable to that person or as may be designated here in or in the Declaration.
    • Motor homes, campers, trailers and camping equipment may not be parked or used for living accommodations, all subject to the Declarations, and/or the written permission of the Board of Directors.
    • Operation of “Off-road” motorized vehicles is prohibited on Clearview Residential Subdivision properties. This includes, but is not limited to snowmobiles, dirt bikes, dune buggies, all-terrain vehicles, go-karts, dune cycles, mini-bikes, and any other motorized vehicle that is not equipped and registered for operation on the highways of the State of Oregon. Maintenance (and Construction) equipment as may be authorized by the Board are excepted.
    • The operation of bicycles is subject to and shall be consistent with the ordinances of the City of Talent and the laws of the State of Oregon. Owners, Members and Associate Members shall be responsible for informing all tenants, family members, guests, invitees and children of the Rules pertaining to bicycles and similar devices.
      • Bicycles operated after dark must have a front light and rear reflector or light.
      • Bicycles are not permitted to traverse the Common Areas at any time, except on roads and driveways.
      • Pedestrians shall at all times have the right of way.
    • Oregon Criminal Code: The Oregon Criminal Code as set forth in O.R.S. Chapters 162 through 167 are hereby adopted as Rules of Clearview Residential Subdivision. No person or entity shall violate any of such statutory provisions.
    • City of Talent Ordinances: The health, safety, and welfare ordinances of the City of Talent are incorporated herein. No person or entity shall violate any of such ordinances.
    • Jurisdiction and authority to grant or extend exceptions, variances, waivers, or consent contemplated by the foregoing shall be exclusively in the Board of Directors, as set forth in these Rules and Regulations.

    SECTION G. ENFORCEMENT

    • Fines: A violation of any Rule or Regulation shall be punishable by a fine, punishable pursuant to the discretion of the Board. The Board’s policy in setting the amount of the fine or fines shall be based on the severity of the offense(s), number of offenses, and the cooperation (and/or non-cooperation) of the party that is a subject of said fine.
    • Violation: Violation of any Rule or Regulation or the Declaration may be punishable in addition to fine(s), by suspension of any part or all of the Members and Association Member’s rights under the control of the Board for the period from the date of infraction, not to exceed (60) days after payment of said fine(s) imposed have been paid.
    • Hearing Procedures: Any person or entity charged with a violation of any term or condition of the Declaration, the Bylaws and/ or the Rules or Regulations shall be entitled to a notice reasonably stating the Offense(s) and the time and place wherein said offense(s) occurred. The notice given by the Board shall state a day and time and place for such person to appear to answer any such charge.
      • Any person or entity so charged shall have the right to appear in person and/or by counsel, and further have the right to confront the witness or witnesses against said person and to offer testimony. There shall be no jury.
      • The hearing shall be conducted similarly to the procedures then in use by the American Arbitration Association, and the decision shall be in writing.
      • The Board shall reduce their decision to writing and maintain the charge, any written answer thereto and the decision in the file maintained for such purposes.
      • The decision of a majority of the Board shall be final in all respects. That decision shall not be appealable to any court for any reason. If said findings are appealed to a court, all attorney costs, Board or Board Member’s out-of-pocket expense and court costs including any appeal thereof shall be paid by the party found by the court, or courts, to be in violation hereof, and said costs shall become a lien on the Member’s Property.
      • The Board’s decision shall be emailed to all parties, at each email address of record. The violations file relating to any person or entity shall be a private document not open to any person or entity other than the party charged and the Association, excepting only on the express direction and approval of the Board except in the case of a court proceeding.

    SECTION H. GENERAL PROVISIONS

    • For all purposes, notice shall be deemed given relative to any matter and of all meetings of the Association and of the Board if that notice is posted on or near a mailbox area or emailed to the email address of record, provided said notice has been posted for at least three days prior to the matter in the Notice.
    • Any and all notices to any Owner, Member or Associate Member shall be deemed sufficient if deposited in the United States mails properly addressed, postage prepaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing, or emailed to the email address of record.
    • Notices shall be given in accordance with the Bylaws of Clearview of Talent Residential Association under Article III section 4 recorded and the Declaration of Covenants, Conditions and Restrictions for Clearview of Talent recorded.

     

    These Rules and Regulations are adopted in conjunction with the recording of the Bylaws and Declaration of Covenants, Conditions, and Restrictions for Clearview of Talent, Recorded the 6th of February, 2023.

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