How are HOA dues calculated, when are they due?
2. Large items such as old gas grills, bedding, etc. must be placed inside dumpsters.
3. All charcoal grills, gas grills, propane tanks, fire pits or open flame devices of any kind are prohibited. Electric grills may be operated on back or side decks.
4. No owner shall interfere in any manner with any portion of the common lighting apparatus
or about the common area buildings.
5. Toilets and other apparatus in the common area buildings shall be maintained and shall not
be used for any purposes other than those for which they were constructed. Any damage
resulting from misuse of any toilet or other apparatus shall be the financial responsibility of the
1. Grasses will be cut to the ground in the spring or fall as determined by the Landscaping Company; perennials will be cut to the ground in the fall.
2. Common landscaping areas will be planted and maintained by the Landscaping Company, using low maintenance, non-invasive, deer resistant plants and shrubs. The common landscaping areas are:
– Two areas around the entrance signs
– Area in front of the pool.
– Beds within the pool area
– Ten terra cotta pots in the village.
– Oval stone wall areas in the parking areas
– Bed across from pool at unit 100
– Small round bed in front of unit 1
3.Homeowners must obtain Board approval to add any plants in front of or adjacent to their condo, or in any common areas. A “Landscaping Request” form must be completed and submitted to the Board for approval. Prior to submitting a Landscaping Request form, the Homeowner should obtain consent from all neighbors whose property abuts the area to be planted. All plants should be deer resistant and non-invasive.
– A list of approved deer-resistant shade plants can be seen by clicking here.
– A list of approved deer-resistant sun plants can be seen by clicking here..
4. Any area deemed to be owner abandoned shall be returned to a low maintenance landscape area.
5. Under no circumstances should an owner spray any kind of chemical spray, insecticide, or deer resistant spray in any of the common areas.
Enforcement of Rules
1. Owners will be issued a written notice of the violation and be given the opportunity to correct the situation. In the case of a vehicle or item in which the ownership cannot be determined, the particular item will be marked. Owners who rent their property bear the same responsibility as those ‘in residence’ owners.
2. Should the violation continue, or be repeated, a second written notice will be issued. Such notice will carry with it a hundred dollar ($100) special assessment, and access of the recreational area of Water’s Edge will be denied until the violation has been resolved. Scan cards will be re-activated within 5 business days after the Board has been notified by the Management Company that the owner has resolved the violation.
3. A third such notice will carry with it a two hundred dollar ($200) special assessment.
4. Any and all successive notices will carry with it a five hundred dollar ($500) special assessment and the Association attorney will be notified and legal action shall be taken if required.
5. Special assessments levied by the Association for violation(s) of established rules and regulations shall be a charge on the land and shall be a continuing lien against the property against which each assessment is made.
6. The cost of repairing damage to the grounds or other units caused by cars, dogs, children, or any other means is the sole responsibility of the owner and will be subjected to the same rules of enforcement as would any other problem.
2. The by-laws of Water’s Edge Homeowners Association empowers the Board of Directors to take whatever legal action is necessary to collect past due fees and recover all other expenses incurred, including legal fees.
3. The following collection policy for owners that are delinquent in paying their Water’s Edge Homeowners Association dues and any fees that have been levied is designed to be easily understood by all parties and easily executable. The policy is a two stage collection effort.
4. Stage One: Any homeowner who is 15 days delinquent in paying the association dues and fees will be sent a letter from the Financial Agent reminding them of their financial responsibility. A “Late Notice” will be issued by the Financial Management Company and a fifty dollar ($50) late fee will be assessed with this billing. Use of the recreational facility will be denied per paragraph 7 following.
5. Stage Two: Any homeowner who has not paid all dues and fees to a current status after 45 days will be issued a “Final Notice” and be turned over to a collection attorney and will be subject to all collection fees, including a $250 administrative fee which will be assessed to cover the additional time and expense related to dealing with the delinquent account.
6. Should, for any reason, collection fail through Stage Two, then a mechanic’s lien will be placed upon the unit in the amount of the assessment for the entire year plus attorney fees and court costs. This action will be taken without further notice to the owner.
7. Use of any and all recreational facilities of Water’s Edge Homeowners Association will be denied to a unit owner who is delinquent in any payment due the association until the delinquency is cleared. Scan cards will be re-activated within 5 business days after the Board has been notified by the Management Company that the owner’s delinquent account has been satisfied.
8. At the beginning of the year, any homeowner involved in court proceedings for past due amounts will automatically be turned over to the Attorney to file with the Court and the entire annual amount of dues will be accelerated.
Winterizing Empty Units
1. Turn off your electric water heater at the electric panel or adjust your gas water heater to the ‘vacation’ setting.
2. Turn off the water at the main valve in your condo.
3. Flush the toilets.
4. Set your thermostat to ‘Heat’ and set it at no less than 60 degrees Fahrenheit.
5. Open all under-sink cabinet doors, and doors to the laundry room and baths.
6. Close all exterior windows.
7. Close the fireplace damper.
8. Disconnect hoses from outside hydrants.
9. Optional: Consider turning off your icemaker to avoid wear and tear.
Maintenance and Repairs
1. Notify Maintenance Management in writing, via the Maintenance Request Form on the website, of all necessary repairs which are the responsibility of the Association. No owner shall make exterior repairs (or alterations) without written permission from the Board of Directors. Permission can be obtained by submitting an Architectural Change Request Form, also available on the website.
2. The Board of Directors will not authorize payment for repairs unless they have approved the repair in writing.
B. INTERIOR MAINTENANCE AND REPAIR
1. Each unit owner shall maintain, repair, and replace, at his own expense, all interior portions of his unit, as needed.
2. Each unit owner shall further be responsible for all damage to any and all other units and/or common areas and facilities that his failure to maintain, repair and replace may engender.
3. You, the owner, have the responsibility to furnish Pointe Security with a key to your unit if a new lock is installed.
2. Complaints regarding the service of buildings and grounds shall be made using a Maintenance Request Form (MRF) found on our website.
3. Complaints regarding the actions of other owners shall be made in writing to the Board of Directors, by mail or via the online Ask The Board form.
4. These Homeowners Association rules may be added to, or repealed, at any time by the Board of Directors.
5. You, as an owner, have the right to question the presence of others that you feel might not belong in the recreational areas. Please notify Pointe Security of any such person.
6. The condominium property shall be used for single-family residential purposes and for no other purpose.
7. Members, their guests, and other residents shall not engage in any abusive or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other members, residents, guests, occupants, invitees, or directed at boards members, its agents, its employees, or vendors. (Added 6/21/2014)
2. It is the unit owner’s responsibility to communicate and enforce the following rules and regulations of the Water’s Edge village to their tenants directly or indirectly through their rental management company. Also, a copy of the Water’s Edge Handbook shall be made available in the rental unit; a current copy of the Handbook can be found on the Water’s Edge website at www.watersedgelakemonroe.com. Any violation will result in a special assessment to the owner.
• Occupancy of all rental units is limited to two persons per bedroom
• Rental units cannot be used for large parties, business meetings or other large gatherings
• No noise is allowed that will disturb any other occupants
• No hunting or discharging of firearms or fireworks is permitted
• Pets are strictly prohibited in any rental unit
• Gas and charcoal grills, as well as any open flame devices, are prohibited anywhere in the village
• Towels, coolers, trash, bicycles and other personal items are not permitted to be stored on the front decks of the condo, or on any side deck visible from the road
• All trash must be placed inside the dumpsters at the backside of the tennis courts and is not
permitted to be stored on the front deck of the units
• No boats, campers, or trailers may be parked in the village, with the following exception; a two hour maximum is allowed for arrival and departure.
3. The owner and the management company agree to indemnify and hold harmless the Water’s Edge Homeowners Board of Administrators from third-party claims arising from the tenant’s violation of the terms, rules, regulations and conduct defined herein and/or any claims arising from the breach of the Lease Addendum.
4. The Water’s Edge Homeowners Board of Administrators reserves the authority to strictly enforce the terms of the rules and regulations contained herein in the event of a violation by the tenant.
5. At no time can a rental unit be sub-leased. Likewise, a rental unit that is leased to a corporation or individual cannot be occupied by various tenants, which would give the appearance of an overnight, weekend or weekly rental.
6. For condo units purchased after October 2008 the term of the lease must be 90 days or more per Amendment VIII to the declarations.
2. Per Monroe County ordinance, all pets must be kept on a leash at all times when outside.
3. Pets may not be tied or chained outside at any time or left in a confined area on a deck.
4. Animal deposits must be removed so that others may enjoy a clean environment.
5. Owners shall be responsible for the actions of their pets (including barking) and of guest’s pets. Pets shall not impact the quiet enjoyment of other units.
6. No pets may be kept unsupervised on any decks.
7. Owners are responsible for all damages to persons or property caused by their pet.
8. Feeding of deer or other wildlife, with the exception of birdfeeders, is prohibited in WE I.
2. All persons entering the recreational area are doing so at their own risk. The Association is not responsible for personal injury.
3. Replacement of lost proximity cards will result in a $75.00 replacement fee. Contact the Administrative Manager to receive a new one. The lost card will be de-activated.
4. Recreational area hours are from 7:00 AM to 10:00 PM. (8/12/2019)
5. Children under 14 years of age must be accompanied by an adult at all times.
6. No boom boxes are allowed. Only personal listening devices with earphones or ear buds are permitted in the recreational area.
7. If there is a problem within the recreational area or misconduct by users, contact Pointe Security. An emergency phone is located on the side of the pool house and the Security phone number is posted.
8. No pets are allowed in the recreational area.
9. No glass or breakable containers are allowed in the recreational area.
10. No smoking is permitted in the recreational area.
11. Each person is responsible for keeping the recreational area clean. Use the receptacles provided.
12. The recreational area may not be reserved for personal use at any time.
13. Additional rules are posted in the recreational area and are there for your safety and enjoyment. The Association has complete authority to expel or deny admittance to any person violating the rules or who is guilty of improper conduct.
14. Anyone with a physical impairment can gain access to the recreational area by submitting their name to the Board (via the website: www.watersedgelakemonroe.com, Ask the Board) and filling out the proper documentation and providing proof of insurance. The Board will maintain and will provide to Security a list of homeowners that are eligible to obtain a key from Security to the back gate access to the recreational area. Security will only hand out the key to owners on the list. Owners will have the responsibility to keep the gate locked while in the recreational area, agree to accept liability for those entering the area with them, and agree to return the key to Security at the end of their stay to the recreational area. (Added 6/21/2014)
15. Pool Specific Rules – Proper swimming attire is required in the pool (no cutoff jeans). Running, horseplay, dunking or undue splashing is prohibited.
A safety rope with floats attached will demarcate the deep end of the pool. It must not be used to sit or swing on, or interfered with at any time. The safety rope shall not be disconnected for any reason.
Spitting or blowing one’s nose is not permitted in the pool. Any person having a cold or other communicable disease must not use the pool.
16. Court Specific Rules – Play on the courts is limited to 1 hour when others are waiting.
No activity other than tennis, basketball, pickle ball, shuffle board, or corn hole is permitted on the court surface. No bikes, roller blades, skates, skate boards, scooters, etc. is allowed on the courts.
2. Report disturbances to Pointe Security (824-8940), Monroe County Sheriff (911 – emergency, 349-2780 – non-emergency), or Indiana State Police (911- emergency, 332-4411 – non-emergency).
3. No hunting or discharge of firearms shall be permitted.
4. No noxious or offensive activity shall be carried on in any unit, or in the common area, limited common areas, and facilities.
5. Nothing shall be altered, constructed, or removed from the common areas and facilities except upon written consent of the Board of Directors.
6. Nothing shall be done or kept in any unit or in the common areas which will increase the rate of insurance.
7. Fireworks, including bottle rockets, Roman candles, and all other aerial pieces are expressly forbidden. Small stationary pieces and sparklers may be used on the concrete driveways only. Fireworks of any kind are prohibited on the tennis courts or in the pool area.
Parking and Storage
2. No vehicle belonging to any owner or to a member of the family or guest or employee of any owner shall be parked in such a manner as to impede or prevent ready access to another owner’s driveway or parking space. The owners, their employees, agents, visitors, licensees and the owner’s family will obey any posted parking regulations, and any other traffic regulations published in the future for the safety, comfort, and convenience of the owners.
3. An owner must not permit his guests or members of his family to use parking spaces assigned to other owners, if any, or to park in driveways of other units, which blocks use of private garages.
4. No boats, campers, motorcycles, travel trailers and boat trailers, mini-bikes, or other such items shall be parked or stored in automobile parking areas or any other part of the property other than such special areas as may be established for storage of such items. Violators will be towed at owner’s expense.
5. No parking on the streets proper because it impedes the movement of traffic, including the possibility of emergency vehicles. Violators will be towed at owner’s expense.
6. There is a limitation that boats, large RVs, campers, trailers, and like vehicles cannot be parked on the premises except in cases of arrival or departure, and then, the time should be limited to no more than two (2) hours.
7. Major vehicle repair and any repairs to cars are prohibited. Only minor emergency repairs are allowed.
8. Vehicles exhibiting expired or no license plates, broken windshields or lights will be tagged and towed at owner’s expense.
9. Parking on grassy or landscaped areas is prohibited. Violators will be towed at owner’s expense.
Forest Management Policy
Common Area is defined as all areas excluding the back decks, side decks and the interior of the condo.
Policy to define HOA response to unauthorized trimming or removal of any trees on the Water’s Edge property. This policy also covers other activities that often lead to tree loss, including but not limited to the following: improper pruning and topping, trunk mechanical wounding (accidental or intentional), chemical damage (accidental or intentional) and land development activities such as excavation, trenching, grade change, change to soil hydrology, soil compaction, and the installation of buildings and hardscapes which create conflict with vegetation’s current or projected habit.
1. No trees of any size are to be cut, trimmed, damaged or removed without HOA retained Forest Management Representative evaluation and approval.
2. Trees trimmed, damaged or removed without approval will result in the immediate following action.
a. HOA retained Forest Management Representative will promptly notify the Monroe County Planning Department of the violation of HOA tree removal policy providing homeowner specific information for Monroe County Planning Department response.
b. HOA Board will assess fines against the homeowner in the amount determined by the HOA retained Arborist who will apply the “Cost Approach” to determine the repair, reproduction or functional replacement cost for the subject trees. These fines will include the determined cost of the subject trees, the cost of the HOA retained Arborist’s appraisal report, the cost of the HOA retained Arborist’s remediation and reforestation plan, and any fines determined by the County for violation of the current Management Plan Agreement. Unpaid fines will result in a lien against the property.
c. HOA retained Forest Management Representative will work with the County to identify, value and inspect the damaged area.
d. Upon completion of the reforestation of the damaged area, HOA retained Forest Management Representative will submit a report to the Monroe County Planning Department confirming completion of the project.
e. All incidents of unauthorized tree removal will be communicated to the full Water’s Edge community via the Property Management email distribution system. This communication will detail the incident and the associated fines in an effort to keep all homeowners advised of the application of this policy.
The following information was provided by Kerry Bridges
ISA Board Certified Master Arborist, IN-3289BM
ISA Tree Risk Assessment Qualified
ISA Municipal Specialist
Tree Guy, Inc.
hugging your trees with science
812 325 9265
*Cost Approach is detailed by the most current version of the “Guide for Plant Appraisal” by the Council of Tree & Landscape Appraisers (CTLA). Currently the 10th Edition – which defines cost as the amount of money required to create, produce, or obtain property and services. Under the Cost Approach there are three methods of appraisal: Repair, Reproduction, and Functional Replacement. Once the appropriate method has been chosen, one of three techniques will be chosen: Direct Cost Technique (DCT), Trunk Formula Technique (TFT) or Cost Compounding Technique (CCT). TFT and CCT are Extrapolated Cost techniques and are formulaic in nature.
My recommendation would be to use the Cost Approach for infractions. In most cases use the Functional Replacement Method incorporating combinations of DCT and TFT to identify basic costs, depreciated costs, and additional costs to be documented in the Appraisal Report. This appraisal report becomes the funding justification for the efforts detailed in the Remediation Plan. The Remediation plan should then be considered a binding agreement to contract and complete the work using the identified money within a specified period of time.
Value is defined as the monetary worth of an item at a given moment in time. During plant appraisal, value or Market Value would be calculated using the the Income Approach or the Sales Comparison Approach. This approach would be used for crops, nursery inventory, orchards, timber forest, vineyard and even pay-to-enter Arboreta (Kew Gardens, Morton Arboretum, etc.). At the subject property, it would probably not yield enough to fund the desired remediation efforts following infraction. Considering the purpose of this policy and its desired enforcement in terms of collecting “fines” for all remediation “costs”, the HOA should refrain from using the terms “value” or “valuation” in the Forestry Management Policy.
For a fee, a custom functional equivalency method could be developed for the HOA’s specific circumstances. This tool would streamline and reduce costs associated with future appraisal and remediation assignments. Also it would bring greater consistency to policy enforcement while providing homeowners a better understanding of the process prior to an infraction.
An example of a functional equivalency would be “Sapling and immature trees will be replaced with a function equivalency of lost root zone area square feet at a 1:1 ratio.” To determine lost root area we will use the formula to determine the size of the Critical Root Zone for trees when establishing Tree Protections Zones (TPZ) during Land Development. Example: 5 x 10 in. DBH immature Maples were removed without permission. Each tree would require TPZ with a minimum 10 ft. Radius. Area of this zone would be 314 sq/ft per tree or 1570 sq/ft total. The retained managing arborist selects the appropriate plant material for remediation. In this example, the selected replacement stock is comprised of small caliper bare-root trees and shrubs that will provide a projected 7 sq/ft of rooting area after 1 season, so the project will require 214 plants. If cost per plant installed is $45 for 214 plants, the Functional Replacement Cost would be $9,630.
Appraisal Report for 5 trees $800.
Remediation Plan (material selection, installation techniques, budget, milestone events, completion date) $800.
Cleanup of infraction site $500
Monroe County Fines (?)
Total = $11,730 + (?)
2. No entrance, stairway or any other portions of the front of the building shall be decorated by any owner or occupant without prior written consent of the Board of Directors.
3. No article shall be placed in the entrance or stairways, nor shall anything be hung or shaken from the balconies or placed upon the windowsills of the buildings. No clothing or other article, including bathing suits and towels shall be hung on the front balconies or railings or on the side balconies that can be seen from the road.
4. Each owner shall keep such owner’s condominium unit in good state of preservation and cleanliness.
5. No exterior shades, awnings, window guards, ventilators, fans or air conditioning devices shall be used in or about the buildings, common areas, balconies or private patios except such as shall have been approved by the Board of Directors after an Architectural Change Request Form has been submitted by the owner.
6. No radio, television antenna shall be attached to or hung from the exterior of the buildings without prior written approval of the Board of Directors. Satellite dishes may only be installed on the non-street-side of a condo.
7. Firewood shall be stored on the lake-side and shall be limited to one (1) rick. No firewood shall be placed in entrances, stairways, street-side decks or common areas. Wood should be stored off the ground in a metal rack or box, and should not contact the building or deck directly.
8. No sign of any kind shall be displayed to the public view from any unit or from the common areas and facilities, including for sale or for lease signs.
Utilities, Trash Removal, and Grills
2. Large items such as old gas grills, bedding, etc. must be placed inside dumpsters.
3. No owner shall interfere in any manner with any portion of the common lighting apparatus or about the common area buildings.
4. Toilets and other apparatus in the common area buildings shall be maintained and shall not be used for any purposes other than those for which they were constructed. Any damage resulting from misuse of any toilet or other apparatus shall be the financial responsibility of the at-fault owner.
5. No charcoal grills, gas grills, propane tanks, fire pits or open flame devices of any kind are allowed. Electric grills may be operated on back or side decks.
6. The following items are not accepted by our trash vendor and cannot be placed in the dumpsters: gasoline, antifreeze, motor oil, filters, tires, pesticides, auto parts, batteries, Mercury, paint, fluorescent bulbs, medications, cleaning fluids, herbicides, electronics (TV’s, computers, monitors, computer parts, etc.) construction trash or debris (toilets, plumbing, sinks, cabinets, etc.) lumber, dirt, rock, or yard waste. These items must be taken to local solid waste facilities, or recycling centers, by homeowner, or your contractor.