Oakbrook Townhouses Policy on Fence Proposals

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).

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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.

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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.

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.     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