Upcoming Community Vote
We will begin the voting on November 10th for proposed changes to the CC&R's.
Additional information on how to vote will be sent before November 10th.
Additional information on how to vote will be sent before November 10th.
The Rolling Hills Board has approved two measures to be submitted to the community for vote. The first would refine and amend the CCR’s section 14, “Parking of Vehicles” to treat resident’s non-commercial pick-up trucks, which have been barred from parking in residents’ driveways, similarly to the way the community treats passenger cars. When the original CC&R was passed 50 years ago, pickup trucks were largely identified with business/commercial purposes, but we believe they have evolved and are widely used and accepted within residential communities. The amendment would also express what we believe to be the community’s preference to have passenger vehicles generally parked in residents’ driveways or garages rather than on the streets-- with notable exceptions in (b) and (d) below-- to help us maintain safe and uncluttered streets and an aesthetically desirable neighborhood. The restrictions against oversized vehicles (campers, boats, trailers, etc.) continue. The current provision and proposed amendment are:
Current CC&R section: No trucks, busses, recreational vehicles, camping or house trailers, boats, campers or vehicles, other than passenger automobiles, shall be permitted on any lot other than in the course of making deliveries, provided that the same will be permitted if located within a completely enclosed garage with closed door
Proposed CC&R section:
a) Vehicles shall be parked in garages or driveways, except as permitted or limited below. Garages may not be altered to eliminate the storage of vehicles.
(b) Parking on streets is prohibited except for temporary parking for social gatherings.
(c) Driveways and streets shall not be used to: (1) park recreational vehicles, except for loading or unloading within a day; (2) park boats, trailers, campers; (3) park any inoperable vehicle or to make vehicle repairs; (4) park any vehicle that exceeds 8’ in height or 25’ in length; (5) park vehicles primarily used for commercial purposes.
(d) Parking is permitted for (1) for vehicles actively being used to provide deliveries or services to residents; (2) for residents’ active construction/landscaping projects, provided any required prior approvals or permits have been obtained.
(e) The Board may reasonably interpret the terms used in this section with the view that the community’s goal is to have safe and uncluttered streets and to maintain an aesthetically desirable neighborhood.
a) Vehicles shall be parked in garages or driveways, except as permitted or limited below. Garages may not be altered to eliminate the storage of vehicles.
(b) Parking on streets is prohibited except for temporary parking for social gatherings.
(c) Driveways and streets shall not be used to: (1) park recreational vehicles, except for loading or unloading within a day; (2) park boats, trailers, campers; (3) park any inoperable vehicle or to make vehicle repairs; (4) park any vehicle that exceeds 8’ in height or 25’ in length; (5) park vehicles primarily used for commercial purposes.
(d) Parking is permitted for (1) for vehicles actively being used to provide deliveries or services to residents; (2) for residents’ active construction/landscaping projects, provided any required prior approvals or permits have been obtained.
(e) The Board may reasonably interpret the terms used in this section with the view that the community’s goal is to have safe and uncluttered streets and to maintain an aesthetically desirable neighborhood.
Our outside counsel, Jason Miller of Carpenter Hazlewood identified a few sections of our CC&Rs that need to be updated to comply with current law. There are four of these and they cover membership on the Architectural Control Committee, signage, radio/tv antennas and solar devices. We think these four are also all consistent with current community standards. Note that NONE of these affect Rolling Hill’s continued ban against short term rentals (i.e., rentals of less than 30 days). The ballot will have a link to these “Law Compelled Changes.” It is expected to be issued electronically by Vote HOA Now on 10 November and votes will be collected until 15 December. Paper ballots will be mailed to those residents who have not provided the Association with a valid email address and also provided on request to those unable or declining to vote electronically. The Board recommends a “yes” vote on both measures.
The Board also recently adopted a new policy regarding litigation and solving potential disputes amicably. To quote: “On occasion, the Board of Directors must address violations of the CCRs by requiring remedial action or imposing fines. Usually, homeowners cooperate and comply with the actions of the Board. In situations where that is not the case, it is the policy of the Board that prior to the initiation of litigation, it will seek to engage the homeowner in formal or informal mediation seeking an amicable resolution of the issue. Only when such mediation is unsuccessful or effectively declined and the Board feels compelled to protect the interests of the community will it initiate litigation.”
The Board also recently adopted a new policy regarding litigation and solving potential disputes amicably. To quote: “On occasion, the Board of Directors must address violations of the CCRs by requiring remedial action or imposing fines. Usually, homeowners cooperate and comply with the actions of the Board. In situations where that is not the case, it is the policy of the Board that prior to the initiation of litigation, it will seek to engage the homeowner in formal or informal mediation seeking an amicable resolution of the issue. Only when such mediation is unsuccessful or effectively declined and the Board feels compelled to protect the interests of the community will it initiate litigation.”
Law Compelled Changes:
5. Architectural Control Committee: Add as line 2: The Chairperson shall be a member of the Board of Directors.
Reason: Required by AZ law.
8. Signs. : Delete blanket prohibition and replace with:
Signs: No emblem, poster, advertisement, logo, sign or billboard of any kind, including, but not limited to, “For Sale” or “For Rent” signs, shall be displayed on any lLot without the prior written approval of the Board of Directors, except for the following signs:
(a) one commercially produced security sign not to exceed 18”x24” may be posted on the Lot while the Owner or lessor subscribes to the security service and shall be removed upon termination of service;
(b)one “for sale” sign and one “for lease” sign may be posted on the Lot, which conforms with industry standards: not to to exceed 18”x24” plus a “rider” not to exceed 6”x24”. All “for sale” signs and “for lease” signs must be commercially produced;
(c)temporary open house signs may be displayed on a Lot as permitted by A.R.S. Section 33-1808, as amended, and by any successor statute thereto, provided, however, open houses shall not be held before 8:00 am or after 6:00 pm;
(d)any signs as may be required by legal proceedings;
(e)such signs as are approved by the Board of Directors;
(f)political signs may be displayed on a Lot subject to the following: Political signs may be displayed not more than seventy-one (71) days prior to any election. Political signs must be removed within three days (3) after an election day. The total political sign area cannot exceed the maximum size limit established from time to time by applicable City of Sedona ordinances. All political signs must be commercially produced.
Reason: AZ Section 33-1808
11. Radio & Television Antennas. Change: Delete prohibition and replace with:
Radio & Television Antennas: Subject to and except as may be otherwise permitted by federal law or federal agency rule or regulation, only antennas for reception of television and radio signals or transmission reception of microwave signals or RF signals for the purpose of wireless internet service shall be place or maintained upon any Lot. Limitations are as follow:
(a) satellite dish(s) may not exceed 1 meter, (39.37”) in diameter.
(b)exterior TV antennas for the purpose of receiving local channels may not have a mast height that exceeds 4’ above the roofline of the Dwelling Unit without the prior written approval of the Architectural Control Committee.
(c)all exterior antennas shall be located in unobtrusive locations.
Reason: FCC regulations explicitly permit receivers.
Solar Devices. Add new section 23. SOLAR DEVICES. Solar devices may be placed, installed or maintained on a Lot including on the roof of any Dwelling Unit constructed on a Lot provided that solar energy devices may be installed subject to reasonable rules adopted and amended by the Association from time to time which do not (i) prevent the installation of the device, (ii) impair the functioning of the device, (iii) impair the use of the device or (iv) adversely affect the cost of the installation or use of the device.
Reason: AZ law now specifically precludes HOA’s from prohibiting installation of solar devices and these devices were not addressed in our CC&Rs before.
Reason: Required by AZ law.
8. Signs. : Delete blanket prohibition and replace with:
Signs: No emblem, poster, advertisement, logo, sign or billboard of any kind, including, but not limited to, “For Sale” or “For Rent” signs, shall be displayed on any lLot without the prior written approval of the Board of Directors, except for the following signs:
(a) one commercially produced security sign not to exceed 18”x24” may be posted on the Lot while the Owner or lessor subscribes to the security service and shall be removed upon termination of service;
(b)one “for sale” sign and one “for lease” sign may be posted on the Lot, which conforms with industry standards: not to to exceed 18”x24” plus a “rider” not to exceed 6”x24”. All “for sale” signs and “for lease” signs must be commercially produced;
(c)temporary open house signs may be displayed on a Lot as permitted by A.R.S. Section 33-1808, as amended, and by any successor statute thereto, provided, however, open houses shall not be held before 8:00 am or after 6:00 pm;
(d)any signs as may be required by legal proceedings;
(e)such signs as are approved by the Board of Directors;
(f)political signs may be displayed on a Lot subject to the following: Political signs may be displayed not more than seventy-one (71) days prior to any election. Political signs must be removed within three days (3) after an election day. The total political sign area cannot exceed the maximum size limit established from time to time by applicable City of Sedona ordinances. All political signs must be commercially produced.
Reason: AZ Section 33-1808
11. Radio & Television Antennas. Change: Delete prohibition and replace with:
Radio & Television Antennas: Subject to and except as may be otherwise permitted by federal law or federal agency rule or regulation, only antennas for reception of television and radio signals or transmission reception of microwave signals or RF signals for the purpose of wireless internet service shall be place or maintained upon any Lot. Limitations are as follow:
(a) satellite dish(s) may not exceed 1 meter, (39.37”) in diameter.
(b)exterior TV antennas for the purpose of receiving local channels may not have a mast height that exceeds 4’ above the roofline of the Dwelling Unit without the prior written approval of the Architectural Control Committee.
(c)all exterior antennas shall be located in unobtrusive locations.
Reason: FCC regulations explicitly permit receivers.
Solar Devices. Add new section 23. SOLAR DEVICES. Solar devices may be placed, installed or maintained on a Lot including on the roof of any Dwelling Unit constructed on a Lot provided that solar energy devices may be installed subject to reasonable rules adopted and amended by the Association from time to time which do not (i) prevent the installation of the device, (ii) impair the functioning of the device, (iii) impair the use of the device or (iv) adversely affect the cost of the installation or use of the device.
Reason: AZ law now specifically precludes HOA’s from prohibiting installation of solar devices and these devices were not addressed in our CC&Rs before.