Oakbrook Townhouses Policy
For Approval of Fence Proposals
Prior Approval of Fencing Proposals
Article IX of
the Oakbrook Townhouses Declarations of Covenants, Conditions and Restrictions (DCC&Rs)
provides for approval of fences on the common elements of the association
provided that prior approval is granted by the Board. The Article IX reads, in part:
“…No
building, fence, wall or other structure shall be commenced, erected or
maintained
upon the properties, nor shall any exterior addition to or change or
alteration
therein be made until the plans and specifications showing the
nature,
kind, shape, height, materials, and location of the same shall have
been
submitted to and approved in writing as to harmony of external design
and
location in relation to surrounding structures and topography by an
Architectural
Control Committee of the Board of Trustees of the Association…”
Common Use
and Enjoyment of All Members
Article I of
the Oakbrook Townhouses Declarations of Covenants, Conditions and Restrictions provides
that the common area is for the use of all members, and reads, in part:
“…The Common Area is to be owned by
the Association for the common use and enjoyment of the members of the Association…”
The
right of all members to the use and enjoyment of the common area is found in
Article V, Section 2 of the DCC&Rs, which reads, in part:
“…Every
member shall have a right and easement of enjoyment in and to the Common Area
and for ingress and egress over and through the Common Area and such easement
shall be appurtenant to and shall pass with the title to every assessed Lot…”
Board
Policy on Fencing Proposals
On December
11, 2017, the Board unanimously adopted the following policy regarding fence
proposals.
1 1.
All
owner proposals for fencing (new or rebuilt) must be submitted to the Board for
approval. The Board reserves the right
to remove any fencing without expressed written approval, at the expense of the
owner (see Bylaws Article IX below).
2
2 2.
Any
fence, approved by the Board, shall be constructed only by licensed, bonded,
and insured contractors.
3 3.
The
owner or his/her contractor shall secure any necessary permits from regulatory
agencies prior to the beginning of construction.
4 4.
Fencing
must be fully located to the rear of the owner’s unit and must not extend
outside the edge of the extension of the owner’s unit’s party wall extended to
the rear.
5
5 5.
To
ensure the stability of the slope behind each unit, any fencing must not extend
beyond the point at which the rear yard begins to slope down to Chambers Creek,
nor shall is obstruct the natural drainage of the common area or drainage works
installed to promote proper drainage.
6
. 6. Owner
is required to maintain the entire fence in functional order at all times, and
that (s)he is required to declare that requirement to any subsequent buyers of
the unit.
7 7.
Owner
understands that (s)he may be required to dismantle and dispose of all fencing
materials, if it is determined by the Oakbrook Townhouses Board that it is not
being maintained in compliance with this policy.
8 8.
Fenced
in areas shall not be used for storage of personal equipment or goods, nor may
any structures be placed within the fenced area, without expressed written
consent of the Board.
9 9.
Fences
shall not be more than 6 feet in height, and shall be equipped with access
gates, at least 30 inches wide, on both sides of the property for access by
fire and other public safety officials, maintenance personnel, and other
members of the association.
1 10. Gates shall be capable of being opened
from the outside and inside of the fenced area, and owner may not place locks or
other locking devices or any obstructions on, or adjacent to, the fence or gate
to prevent such gates from being easily opened.
1 11. Pets are not permitted to be kept or
to run free within the fenced area without the owner being present.
1 12. Because the area being fenced is on
the common property of the association, the owner may not deny access to
members of the association for their legitimate and lawful use of the area.
1 13. Owner acknowledges that the City of
Lakewood has a dog leash law which prohibits unleashed dogs anywhere in the
city, with the exception of specifically designated dog running areas, and
within the owner’s property. As the proposed
fenced area is owned by the association, and is not the individual unit owner’s
property, and, as such, is accessible by members of the public, the City leash
law applies within the proposed fenced area.
1 14. Owners of fenced areas will be held
strictly accountable for any personal or property damage resulting from failure
to comply with this policy.
Lakewood
Leash Law
Mandatory Leash Law Within City Limits
of Lakewood
On May 10,
2011 the City of Lakewood reminded residents of the City (which includes
Oakbrook Townhouses) of the Mandatory Leash and Scoop Law Within the City
Limits of Lakewood.
Key features
include:
1 1)
Dogs
must be under the control of a competent person by means of a leash not to
exceed 8 feet in length. Owners must have a scoop bag or other suitable means
for disposal of animal waste.
2)
The
leash law does not apply when animals and their owners are using the off leash
dog park within Fort Steilacoom Park. Owners are reminded that the use of the
park is at their own risk. Be aware of your dog’s behavior when it is
interacting with other animals to prevent any injuries or similar problems.
3)
All
residents within the city must license their animals. For licensing information
or for any animal concerns or problems, you may contact Lakewood Animal Control
and Rescue at 253-830-5010.
Adopted by
the Board December 11, 2017
