Resolution No.  03-18

LITTLE WHALE COVE HOMEOWNER’S ASSOCIATION, INC.

Board of Directors

CONSTRUCTION REGULATIONS

REVISED APRIL 21,2001; Revised November 15, 2003

PURPOSE:  To protect Little Whale Cove property values by assuring owners’ safety and security and limiting noise and other disturbances caused by construction activities to reasonable times and conditions.

AUTHORITY:  Little Whale Cove Homeowners Association CC&Rs Section 4.4.3 provides that among other powers and obligations, the Association shall have “Any additional or different powers and obligations necessary or desirable for the purposes of carrying out the functions of the Homeowners’ Association pursuant to this Declaration or otherwise promoting the general benefit of owners or property within Little Whale Cove.”  CC&Rs Article 4.2 provides that “… the affairs of the Association shall be conducted by the Board of Directors consisting of five (5) members.” 

CC&Rs Section 3.3.5 provides that “no noxious or offensive activity shall be carried on in a private area, nor shall anything be done or placed upon any parcel which interferes with or jeopardizes enjoyment of other parcels or common areas …”   In accordance with the above-cited CC&Rs, the Board of Directors hereby adopts the following resolution:

IT IS RESOLVED: that Construction Regulations are amended as follows:

POLICY:

         The following regulations for contractors shall apply during all construction activities in Little Whale Cove.  “Contractor” as used in these Construction Regulations includes the owner when he or she is acting as the general contractor.

         While homes are being built, or during remodeling or repair, great attention must be given to tidiness and appearance of the entire parcel and construction site and the impact of construction activities on other Little Whale Cove owners and property.  For safety, it is mandatory that all construction areas be kept as clean and orderly as possible.

1.      CONTRACTOR’S DEPOSIT AND AGREEMENT REQUIRED

Construction on any initial construction or any improvement in Little Whale Cove shall not begin until a signed LWCHA Contractor’s Deposit Agreement and the required deposit are received in the LWCHA office.  A deposit of $500 is required for each initial construction and improvement.  A deposit of $200 in required for each remodel, reconstruction, alteration or addition that increases the size or alters the exterior elevation or appearance of the improvement.

2.      COMMON PROPERTY.

No trees or vegetation shall be trimmed or removed and no excavation shall be done on common property without prior written approval of the LWCHA Property Manager.  Consideration will be given to safety and view preservation or enhancement.  Request forms and Common Area Guidelines are available in the Association office.

3.      PRESERVATION OF TREES AND SHRUBS

a. To protect trees from dying, no dirt, sand or other materials shall be piled around tree trunks.  Care shall be taken to minimize damage to major tree roots or scarring of trees during excavation.

b. No topping, limbing or removal of trees or shrubs shall be done without prior written approval of the Architectural Committee.

c. Construction shall be done in a manner so as to minimize harm to all natural vegetation.

4.      EXCAVATION.

Stumps, surplus soil and other debris incident to excavation shall be removed promptly from the building site and lot.  No brush, debris, stumps or dirt shall be placed on common property.  No removal shall occur on Saturdays, Sundays or holidays.  The owner/builder or contractor is responsible for cleaning any debris off the streets.  If debris is not cleaned off the streets by the end of the work day, the Association may do the cleanup and deduct the cost of such cleanup from the contractor’s deposit according to the terms of the Contractor’s Deposit Agreement.  During excavation, the contractor may contact the LWCHA Property Manager to determine areas on common property that may require clean fill dirt.  Otherwise excess dirt must be removed from Little Whale Cove.

5.      BUILDING SITE APPEARANCE AND CLEANUP.

All contractors must have a covered dumpster, drop box or trailer on site to handle all building material debris and trash.  This container must be emptied when full.  For safety, materials shall be stacked on the lot in an orderly fashion and not on the road.  Scrap piles shall be kept to a minimum.

6.      BURNING.

         Burning on the premises is prohibited.

7.      SANITARY FACILITIES.

         A sanitary facility for use by construction personnel must be placed on the construction site in a spot with the least visual impact possible.  Sanitary facilities shall not be placed on common property without the prior approval of the Property Manager.

8.      ROADS AND DRIVEWAYS.

Except with approval of the LWCHA Property Manager, and subject to paragraph 11 below, all roadways must be kept clear of construction materials and vehicles.  Any Damage to roads, road shoulders, and drainage onto adjacent property due to construction activities must be corrected by the owner/builder or contractor to the satisfaction of LWCHA within a time frame approved by the Property Manager.

9.      POLLUTANTS

a. No cement or concrete byproducts shall be washed into the drainage ditches, drains or culverts. 

b. No paint, stain, cleaning fluid or any other substance shall be dumped into ditches, drains or culverts, nor shall containers of these substances be rinsed out and allowed to flow into ditches, drains or culverts. 

c. Hazardous waste shall be disposed of according to Oregon law.  Hazardous waste shall not be left on the building site or on common areas.

10.    DRAINAGE

a.  Where drainage on common areas or private ways would otherwise be impaired by construction, culverts shall be installed.  Prior to installation of a culvert, written approval shall be obtained from the Property Manager and the Little Whale Cove Architectural Committee.

b,  Natural common area drainage and common area ditches and culverts shall not be blocked.

c.  Temporary sediment fences are required where necessary to prevent debris or other runoff onto waterways, roadways, common areas or drainage facilities.  Temporary sediment fences must meet the specifications in the Architectural Guidelines.

d. A Drainage Impact Study must be completed and submitted to the LWCHA office prior to approval of any initial or substantial additional construction.

11.    CONTRACTOR RULES.

a.   Workers’ vehicles shall not be parked on common areas, off asphalt on soft roadsides, or on adjacent lots.  If there is no room to park on the lot under.construction or on the street so that traffic is not disrupted, vehicles must be parked at the Recreation Center on Singing Tree.  The owner/builder or contractor shall provide for parking on the construction site as soon as practical.  Under no circumstances shall any worker’s or other construction vehicle be parked so as to impede ingress and egress of emergency vehicles.  A minimum width of 12 feet is required for fire trucks to pass.  No construction- related vehicles shall be parked on any Little Whale Cove street overnight.  Any construction vehicle must be moved upon request of the Property Manager or the Board Chair or Chair’s designee.

b.  Construction personnel shall not bring dogs or other pets into Little Whale Cove.

c.   No building shall be occupied during the original construction, nor shall construction personnel stay overnight in campers or motor homes in Little Whale Cove.

d.  Sound from radios or similar devices shall be confined to the lot under construction and shall not create a disturbance.  Radios shall be turned off upon request of the Property Manager or the Board Chair or Chair’s designee.

12.    CONSTRUCTION DAYS AND HOURS.

a.   Normal construction hours are 8:00 A.M. to 5:00 P.M. Monday through Friday, and 8:00 A.M. to 5:00 P.M. on Saturday.  Construction workers and vehicles must vacate Little Whale Cove no later than 5:30 p.m. 

b.   Permission to extend normal working hours must be obtained in advance from the LWCHA Property Manager and no later than 4:00 p.m. on the day the hours are requested to be extended.  Requests shall be made to the Property Manager at pager number 541-265-1544 or cell phone number 541-270-2889.  Leaving a voice mail message at the LWCHA office during hours when the office is closed is not sufficient to meet the provisions of this paragraph.  When after-hours work is permitted, the contractor shall be on-site to supervise its employees or subcontractors.

 c.  Work after 5:00 P.M. is expected to be an occasional, emergency occurrence and not a regular practice.  Examples of emergency include concrete work or closing up a roof, doors or windows in a remodel in case of rain.

d.   If approved after-hours work disturbs residents, such approval may be rescinded at the discretion of the Property Manager or the Board Chair or Chair’s designee.  If approval is rescinded, work shall be stopped immediately on request.

e.   Absolutely no work is allowed on Sunday or the following holidays: Independence Day, Labor Day, Thanksgiving, Christmas, New Year’s Day and Memorial Day.

13.   SECURITY GATE.

         If the contractor, owner/builder, their employees or subcontractors are granted permission to work after 5:00 p.m., it is their responsibility to arrange for entry. 

14.   ENFORCEMENT.

         The LWCHA Property Manager has the authority to ensure that these regulations are enforced and shall report all uncorrected infractions to the LWCHA Board or Directors for any and all appropriate action.  Violation of these construction regulations shall be deemed a violation of the Contractor’s Deposit Agreement and may be subject to fines according to the terms of the Agreement.  Violation also could result in issuance of a Stop Work Order.

15.   INSPECTION.

         Any agent or officer of the Homeowner’s Association may, at any reasonable hour or hours during construction or remodeling, enter and inspect any construction or improvement to ensure that it complies with the Little Whale Cove Declaration of Covenants, Conditions and Restrictions and the Architectural Guidelines.  The Association and any agent or officer thereof, shall not be deemed guilty of any manner of a trespass for such entry or inspection.  (Added April 21, 2001.)

Inspections and signoff by the Architectural Committee are required:

a. Before clearing and excavation and after property corners are located and marked and the building footprint is marked with colored tape;

b. After foundation forms are set and prior to placing concrete; and

c. At completion of construction.

         Complete inspection requirements appear in the Architectural Guidelines.

A copy of these construction regulations shall be mailed to all owners.

Adopted by the Board of Directors November 15, 2003

__________________________                                                                          ________________________

Chair                                                                                                                                                                                                                                                                  Recording Secretary