Private Area Policy Edit page

Current: Private Area Policy

a. All private areas, structures and landscaping, must conform to the original stated purpose of the MHA CCRs and the current MHA Policies. A private area is defined as being that property inside of the Member's property boundaries.
However, each owner shall be required to reasonably maintain a common area if a common area exists between that owner's property boundary and the asphalt of an MHA street. In addition to these policies, there are additional private area rules and restrictions stated in the Declarations of MHA such as those found at Article II.

b. Any owner may at any time, without first obtaining the approval of the MHA Board, repair the existing landscaping, provide the repair does not excessively change the topography of the property.

c. Pursuant to the authority of Section 2.02. of Article II of the Declaration, any Member property not in compliance with the MHA CCR's and Policies, by default, authorizes the MHA Board, without any liability to the Member, to enter said private area for the purpose of inspection and maintaining the property to ensure it is in compliance with the MHA CCR's and Policies.

d. If the MHA Board determines that the private area property is non­ compliant, then after notice as required by Article II Section 2.02 (c) of the Declaration, the MHA through its Board may make the action necessary to correct the non-compliance violation and all costs incurred will be charged to the Member/ homeowner and become a liability of the Member/ homeowner.

e. The private area of each MHA Member is expected to be maintained by the owner in a neat and attractive manner consistent with the overall uniqueness and beauty of Madera, including, but not limited to the following: 

1. Lawns: Lawns shall be watered, mowed, and edged. Completely browned out lawns are not acceptable.
2. Vegetation: All vegetation such as hedges, bushes, gardens and trees shall be alive, trimmed, pruned, etc.
3. Supplemental Structures: Supplemental structures such as fences and gates shall be in good repair and not allowed to become unsightly.
4. Unplanted Areas: Unplanted areas shall be covered with bark or some other ground cover and not allowed to become unsightly with weeds or debris.
5. Residential Structures: The exterior of residential structures shall be properly maintained, painted and with roofs free of accumulated moss or debris.
6. Grounds: Grounds shall be kept clean and orderly and free of debris.
7. Composting: Composting is allowed either in piles or in composting containers, but only if out of sight of the street and neighbors, and only if the composting does not cause an odor that is detectable from the street or from a neighboring yard. Compost is defined herein as yard waste only. Kitchen scraps and other food waste shall not be composted.
8. Walls and Rock Work: Walls and rock work shall be maintained and free of weeds.
9. Curb Areas: Curb areas shall be groomed so as to be pleasing in appearance such as weeded, covered with ground or bark, etc.

f. All trash, garbage and recycle cans as well as yard and construction equipment must be out of visible sight from the street and neighboring properties. All trash and recycle cans must not be placed on curb more than 24 hours prior to pick-up and removed on the day of pick-up.

g. Christmas/ holiday exterior decorations and lighting displays are limited to the period between Thanksgiving and January 15th.

For Non-Compliance Fees, see Schedule C

Proposed: Private Area Policy

a. All private areas, structures and landscaping, must conform to the original stated purpose of the MHA CCRs and the current MHA Policies. A private area is defined as being that property inside of the Member's property boundaries. However, each owner shall be required to reasonably maintain a common area if a common area exists between that owner's property boundary and the asphalt of an MHA street. In addition to these policies, there are additional private area rules and restrictions stated in the Declarations of MHA such as those found in Article II.

b. Any owner may at any time, without first obtaining the approval of the MHA Board, repair the existing landscaping, provided the repair does not excessively change the topography of the property.

c. Pursuant to the authority of Section 2.02. of Article II of the Declaration, any Member property not in compliance with the MHA CCRs and Policies, by default, authorizes the MHA Board, without any liability to the Member, to enter said private area for the purpose of inspection and maintaining the property to ensure it is in compliance with the MHA CCRs and Policies.

d. If the MHA Board determines that the private area property is non-compliant, then after notice as required by Article II Section 2.02(c) of the Declaration, the MHA through its Board may make the action necessary to correct the non-compliance violation and all costs incurred will be charged to the Member/ homeowner and become a liability of the Member/ homeowner.

e. The private area of each MHA Member is expected to be maintained by the owner in a neat and attractive manner consistent with the overall uniqueness and beauty of Madera, including, but not limited to the following:

1. Lawns: Lawns shall be watered, mowed, and edged. Completely browned out lawns are not acceptable.
2. Vegetation: All vegetation such as hedges, bushes, gardens and trees shall be alive, trimmed, pruned, etc.
3. Supplemental Structures: Supplemental structures such as fences and gates shall be in good repair and not allowed to become unsightly.
4. Unplanted Areas: Unplanted areas shall be covered with bark or some other ground cover and not allowed to become unsightly with weeds or debris.
5. Residential Structures; The exterior of residential structures shall be properly maintained, painted and with roofs free of accumulated moss or debris.
6. Grounds: Grounds shall be kept clean and orderly and free of debris.
7. Composting: Composting is allowed either in piles or in composting containers, but only if out of sight of the street and neighbors, and only if the composting does not cause an odor that is detectable from the street or from a neighboring yard. Compost is defined herein as yard waste only. Kitchen scraps and other food waste shall not be composted.
8. Walls and Rock Work: Walls and rock work shall be maintained and free of weeds.
9. Curb Areas: Curb areas shall be groomed so as to be pleasing in appearance such as weeded, covered with ground or bark, etc.

f. All trash, garbage and recycle cans as well as yard and construction equipment must be out of visible sight from the street and neighboring properties. All trash and recycle cans must not be placed on curb more than 24 hours prior to pick-up and removed on the day of pick-up.

g. Exterior holiday decorations and lighting displays are permitted on a temporary basis. Any such display may be installed for a maximum of 60 cumulative days. All decorative elements, including mounting hardware and wiring, must be removed before the end of this period.

h. To preserve the structural integrity and appearance of all Madera perimeter fencing, homeowners whose property borders any portion of the fence are responsible for maintaining all property conditions that adjoin the interior of the fence. MHA wants to respect the privacy of homeowners and cannot be expected to regularly enter private areas to inspect for violations; therefore, a lack of prior notice from the Board regarding a condition not visible from common areas does not absolve the homeowner of the responsibility to maintain the area in a manner that promotes the integrity of the fence. If damage occurs due to a failure to adhere to these maintenance standards, the cost of repair shall be the responsibility of the homeowner. To adhere to these standards, homeowners must:

1. Maintain a minimum clearance of 12 inches between all vegetation (including shrubs, vines, and tree branches) and the fence at all times.
2. Ensure that plantings do not develop root systems that displace, damage, or undermine the fence structure. Any vegetation found to be causing such damage shall be removed at the homeowner’s expense.
3. Prevent the buildup of dirt, bark, mulch, or other debris against the fence to avoid moisture retention, rot, or structural deterioration.
4. Adjust sprinklers and drainage systems to ensure they do not spray directly onto the fence or saturate the surrounding ground in a manner that promotes deterioration.

For Non-Compliance Fees, see Schedule C

Proposed Changes Summary

• Modified section (g) to apply to any holiday.
• Added new section (h) to clarify homeowners’ responsibilities regarding the perimeter fence.