MARINERS
POINTE
ON LAKE LOUDOUN
Welcome to Paradise! http://marinerspointe.hoaspace.com/ POINTE OWNERS ASSOCIATION, INC. 9670 Mariners Point Knoxville, TN 37922 865.694.7605
MP Handbook Revision – March 2021
TABLE OF CONTENTS WELCOME AND HISTORY OF MARINERS POINTE
SECTION 1 BOARDS AND COMMITTEES CURRENT BOARD OF DIRECTORS AND THEIR CONTACT INFORMATION COMMITTEES AND THEIR CONTACT INFORMATION DESCRIPTION OF RESPONSIBILITIES
SECTION 2 DIRECTORY AND PLAT MAP HOMEOWNERS DIRECTORY WITH CONTACT INFORMATION PLAT MAP WITH ADDRESSES
SECTION 3 SERVICES - FAQ SERVICE PROVIDERS REFERENCE FOR NEIGHBORHOOD FREQUENTLY ASKED QUESTIONS AND ANSWERS
SECTION 4 ARCHITECTURAL SPECS AND GUIDELINES ARCHITECTURAL STANDARDS QUICK REFERENCE
§ §
GENERAL GUIDELINES AND RESTRICTIONS MAINTAINING YOUR STUCCO HOME REFERENCE
OUTLINE OF RESPONSIBILITIES
§ § § § § § § § § § § § § §
ASSESSMENT POLICY LANDSCAPING BOAT DOCKS HOUSES FOR SALE LEASING OF HOMES CLUBHOUSE RULES FIRE PROTECTION SWIMMING POOL RULES USE OF COMMUNITY GAS GRILL TENNIS-SPORTS COURT RULES COMMON AREAS/ GREEN SPACES STREET REGULATIONS GATE ISLAND POLICY
GENERAL ARCHITECTURAL STANDARDS ARCHITECTURAL SPECIFICATIONS FOR EXTERIORS OF HOMES
SECTION 5 FORMS CENSUS FORM CLUBHOUSE RENTAL FORM GATE CODE REQUEST FORM
WELCOME! This handbook has been prepared for you by the Mariners Pointe Board of Directors as a convenient and useful reference. Mariners Pointe is a unique residential neighborhood, and we all strive to enjoy our homes, common areas and amenities while respecting privacy, property rights and individual interests. To achieve these goals, each homeowner is a member of Pointe Owners Association, Inc., and agrees to abide by the covenants, restrictions and general rules established by the Association. Please refer to the documents online at our website marinerspointe.hoaspace.com for more detailed information: 1. Charter of Pointe Owners Association, Inc. 2. Second Restated Declaration of Covenants, Conditions and Restrictions 3. By-Laws 4. Amendments
Updates to this handbook will be sent to you periodically; please take time to keep your book current. This update has been prepared by your 2021 Board of Directors. To reduce costs and improve distribution of information related to our community, all future updates of this manual, will be distributed by electronic mail, unless a written request is submitted to Realty Resources requesting a hard copy. Please verify the email address listed for you is valid and inform Realty Resources of any changes. In the event you sell your home, please pass this handbook to the new owner; or if you lease your home, make sure that the tenants are aware of the restrictions and general rules of the Association. Please note that nothing contained in this handbook is intended to take the place of, modify or change the applicability of any ordinances, statutes, codes, rules or regulations of Knox County or any other governmental agency.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MARINERS POINTE HISTORY
Mariners Pointe Neighborhood is a planned unit development (PUD) located on Keller Bend Road in West Knox County. The site is a unique peninsula fronting Fort Loudoun Lake, and bordered by both undeveloped lands owned by TVA (leased to Knox County) and a private residence. With spectacular lake and mountain views, the subdivision offers a unique and leisurely lifestyle with proximity to shopping, I-140 (Pellissippi Parkway), I-40/I75 and McGhee-Tyson Airport. Pointe Owners Association, Inc., is a non-profit, non-stock corporation, chartered in 1990, of which all property owners are members. The Association operates under Covenants, Conditions and Restrictions and is governed by By-laws (see sections titled “Covenants” and “By-Laws”).
Mariners Pointe subdivision was originally developed in 1987-88 by McCormick Properties, Inc., with five house plans offered on the lakefront. First residents took occupancy in the spring of 1988. The development plan was later amended, resulting in 31 lakefront town homes, 19 additional town homes with lake views, and 12 houses/lots. McCormick Properties ceased construction midway through development of the property, and Bob Stewart completed construction of the town homes; individual houses have had various builders. In 1994, the Pointe Owners Association purchased the undeveloped area referred to as the “center section” from the bank which owned the property (following McCormick Properties ceasing development); The Association has elected to maintain the area as open green space, thus lowering the housing density of the neighborhood and providing common space for all residents to enjoy. Notable dates include: January, 1988
Declaration of Covenants
July, 1989
First Amendment to the Covenants
February, 1990
Pointe Owners Association, Inc., chartered By-Laws
October, 1990
Restated Declaration of Covenants, Conditions and Restrictions
October, 1993
First Amendment to the Restated Declaration of Covenants, Conditions and Restrictions
October 1997
Amendment to the Charter
October 1997
Second
Restated
Declaration
Conditions and Restrictions October 1997
Amendment to the By-Laws
October 2012
Amendment to the By-Laws
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
of
Covenants,
Mariner’s Pointe Board of Directors Pointe Owners Association, Inc. 2021 Board of Directors
Address
Phone
email Address
Todd Wright, President Tom Hansen, Vice President Sharon Long, Treasurer Becky Conner Fred Freitag Catherine Hawkins Chuck Jernigan Alan Shipley Janet Wright
3560 Navigator Pt 3454 Navigator Pt 3524 Navigator Pt 3449 Commodore Pt 3477 Commodore Pt 3473 Commodore Pt 9611 Mariners Pt 3412 Navigator Pt 3453 Commodore Pt
865-384-4699 865-531-0092 865-333-9982 865-384-5515 404-271-1825 865-963-2544 865-297-2565 865-368-5474 865-216-5847
toddbw01@gmail.com tom@ameriphyisics.com sharonlong777@gmail.com connerbc33@yahoo.com peck1270@yahoo.com cathawkins4@gmail.com chuckandnickie@comcast.net alanmshipley@yahoo.com jwright910@gmail.com
Architectural Committee
Address
Phone
email address
Doug Reed Melinda Bowers Donna Davis Tom Hansen Sharon Long Paula Parson
3421 Commodore Pt 9623 Mariners Pt 3528 Navigator Pt 3454 Navigator Pt 3524 Navigator Pt 9631 Mariners Pt
865-694-9444 865-250-0355 865-279-1342 865-531-0092 865-333-9982 865-591-2739
dougreed22@gmail.com mbowers96@comcast.net drdavislaw@gmail.com tom@ameriphysics.com sharonlong777@gmail.com pmparson9631@gmail.com
Grounds Committee
Address
Phone
email address
Todd Wright Chuck Jernigan Alan Shipley
3560 Navigator Pt 9611 Mariners Pt 3412 Navigator Pt
865-384-4699 865-297-2565 865-368-5474
toddbw01@gmail.com chuckandnickie@comcast.net alanmshipley@yahoo.com
Clubhouse/Pool Committee
Address
Phone
email address
Becky Conner Catherine Hawkins
3449 Commodore Pt 3473 Commodore Pt
865-384-5515 865-963-2544
connerbc33@yahoo.com cathawkins4@gmail.com
Social & Welcome Committee
Address
Phone
email address
Mark Boyd Becky Conner Janan H Dakak Marianne Freitag Catherine Hawkins Amanda Lebo Louella McElroy Linda McReynolds Veronica Jackson-Patrick
3556 Navigator Pt 3449 Commodore Pt 3462 Navigator Pt 3477 Commodore Pt 3473 Commodore Pt 3556 Navigator Pt 9615 Mariners Pt 9635 Mariners Pt 9607 Mariners Pt
630-805-8057 865-384-5515 865-691-0800 865-964-6015 865-963-2544 865-696-6634 865-806-1929 865-696-0931 865-566-4814
mbboyd@gmail.com connerbc33@yahoo.com jdakak@hotmail.com freiguy1@comcast.net cathawkins4@gmail.com amanda.lebo@usfoods.com louellamcelroy@comcast.net mcreynoldskx@gmail.com tvpatrick@juno.com
MP HANDBOOK REVISION - MARCH 2021 MP HANDBOOK REVISION - MARCH 2021
BOARD OF DIRECTORS Responsibility: The Board of Directors shall exercise all the powers and duties of the Association. The Board may contract for the management of the Association and designate to such contractor all the powers and duties of the Association, except those which may be required by the Charter or to have approval of the Board of Directors and membership of the Association. Number of Directors: Mariners Pointe shall be managed by a Board of nine (9) directors, each of whom must own a lot within Mariners Pointe subdivision. Terms of Office: At each annual meeting, the members of the Association shall elect the necessary number of directors for a three-year term (and any additional directors to fill unexpired terms). Removal: Any director may be removed with or without cause at any time by vote of ¾ of the directors of the Association; vacancies occurring on the Board will be filled for the unexpired term by a majority vote of the remaining directors at any regular or special meeting. Compensation: No director shall receive compensation for service. Nomination: Nomination for election to the Board may be made by the Nominating Committee or by any member of the Association at the annual meeting. Election: Election to the Board shall be by secret written ballot; the persons receiving the largest number of votes for each available director position shall be elected; cumulative voting is prohibited. Regular Meetings: Regular meetings of the Board may be held at such time and place as determined by most of the directors; notices of regular meetings must be given to each director at least three (3) days prior. Special Meetings: Special meetings of the Board may be called by the President and must be called by the Secretary after written request of 2/5 of the votes of the Board, with not less than three (3) days notice. Annual Meeting:
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
The Board of Directors shall be elected each year at an annual meeting in October. A quorum of 51% of the members of the Association must be established either in person or by mail in ballots. Proxies may be counted towards the quorum. Quorum: A quorum shall consist of a majority of the directors (i.e., 5 of 9 must be present to conduct official business).
Acts of the Board: Most of the votes present at a meeting at which a quorum is present shall constitute the acts of the Board. Election of Officers: The Executive officers are elected by the directors at the first meeting of the Board following each annual meeting. The Executive Officers are: President (must be a Director) Vice-President (must be a Director) Secretary (may be, but need not be a Director) Treasurer (may be, but need not be a Director) Terms: Officers shall serve for one (1) year. Removal: An Executive officer may be removed by a 2/3 vote of the Board of Directors. Committees: May be designated by the Board, such as Architectural and other committees.
MPMP HANDBOOK REVISION - MARCH Handbook Revision – March 20212021
ARCHITECTURAL CONTROL COMMITTEE (ACC)
Mission Statement: The mission of the Architectural Control Committee is to ensure compliance with the Mariners Pointe Covenants in order to provide a uniform and high-quality appearance for all changes and to require a high standard of maintenance for all properties, thereby keeping our reputation and property values intact. All exterior alterations must be first submitted to the Architectural Committee for approval. Failure to obtain approval for alterations may result in having to remove or replace alteration. All submission will be answered within 30 days of receipt unless more information is needed to make an informed decision by the board.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
GROUNDS CONTROL COMMITTEE
Mission Statement: (1) to inspect, maintain and improve the appearance of all Mariners Pointe common property and grounds; and (2) with the assistance of Realty Resources, to interface with contractors providing ongoing services to the common property, including review and negotiation of annual contracts for landscape maintenance and the swimming pool. Call Realty Resources at (865) 584-9099 for any of the following issues:
1.
You want to be added to the list of homeowners who do not want bushes or shrubs trimmed by the
landscape maintenance contractor.
2. The landscape maintenance contractor fails to perform a required task, such as blowing your sidewalk and driveway or mowing the grass bank above the sea wall.
3. Problems with the electric gate.
4. Problems with the quality of the water in the pool.
For issues concerning the appearance of the buildings and grounds and suggested improvements, please contact the Grounds Committee Chairperson, committee members, or any member of the current Board.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
SOCIAL/WELCOME COMMITTEE
Mission Statement: To promote camaraderie in the community through social, educational, and recreational activities and events and to welcome new homeowners to our community.
Although activities will vary year to year, past activities coordinated by the social committee have included:
Family Activities: Pizza and a Movie Halloween Party Football Game Party Riverbank clean-up July 4th cookout
Adult Activities: Friday Night Happy Hour by the Pool Kentucky Derby Party Summer Party Movies on the Pointe Boating Poker
Schedules of activities will be included in the Pointe of View Newsletter and posted at the bulletin board. If you ever have questions on or suggestions for upcoming events, please contact a member of the social committee.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MARINERS POINTE DIRECTORY
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
NEIGHBORHOOD MAP
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
FAQ's: 1. What is the procedure for requesting approval for any work to be done on my property? First you must submit a detailed request for approval of your work, including a list of materials and plans or blueprints to the chairman of the ACC in writing (submitting duplicate copies will expedite the process). If additional information or changes to the original submission are required, it will be treated as a new submission. Once approved, a copy of your request (stamped and signed by at least two members of the ACC) will be returned to you to be kept with your deed until your property is sold at which time it should be given to the new owner. A copy will also be kept on file by the ACC to ensure that the finished work is in accordance with the approval. If your request is disapproved, you may resubmit it with any changes required or appeal the disapproval to the MP Board at their regular monthly meeting.
2. Do I have to request approval for any changes to the exterior, or anything that can be seen from the exterior, of my property? Yes, any significant change to the exterior appearance of your property must be approved by the Architectural Control Committee (ACC).
3. Does it require approval if I want to add to or remove some or all of my landscaping, including cutting a tree down? Yes, any significant change to the exterior appearance of your property must be approved by the ACC.
4. What is a "significant change"? If you do not wish to bear the costs of the penalty (see below) for non-compliance with the ACC approval process, then it's significant!
5. What is the penalty for non-compliance with the ACC approval process? Unfortunately, the Covenants assume voluntary compliance, so there is no escalating scale of penalties for minor to major violations. If you have work done which has not been approved by the ACC, the Covenants give the Association the right to enter your property and restore your property to the way it was prior to the unapproved work. This will be done at your expense with a lien filed on your property for the costs with interest, late fees and penalties, and all costs of collection added. So if you have unapproved work done, you will pay for the original work, the costs of having that work undone, and, if finally approved by the ACC, the cost of having the original work redone. It's much cheaper and easier to get the approval first!
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
FAQ's: 1. What is the procedure for requesting approval for any work to be done on my property? First you must submit a detailed request for approval of your work, including a list of materials and plans or blueprints to the chairman of the ACC in writing (submitting duplicate copies will expedite the process). If additional information or changes to the original submission are required, it will be treated as a new submission. Once approved, a copy of your request (stamped and signed by at least two members of the ACC) will be returned to you to be kept with your deed until your property is sold at which time it should be given to the new owner. A copy will also be kept on file by the ACC to ensure that the finished work is in accordance with the approval. If your request is disapproved, you may resubmit it with any changes required or appeal the disapproval to the MP Board at their regular monthly meeting.
2. Do I have to request approval for any changes to the exterior, or anything that can be seen from the exterior, of my property? Yes, any significant change to the exterior appearance of your property must be approved by the Architectural Control Committee (ACC).
3. Does it require approval if I want to add to or remove some or all of my landscaping, including cutting a tree down? Yes, any significant change to the exterior appearance of your property must be approved by the ACC.
4. What is a "significant change"? If you do not wish to bear the costs of the penalty (see below) for non-compliance with the ACC approval process, then it's significant!
5. What is the penalty for non-compliance with the ACC approval process? Unfortunately, the Covenants assume voluntary compliance, so there is no escalating scale of penalties for minor to major violations. If you have work done which has not been approved by the ACC, the Covenants give the Association the right to enter your property and restore your property to the way it was prior to the unapproved work. This will be done at your expense with a lien filed on your property for the costs with interest, late fees and penalties, and all costs of collection added. So if you have unapproved work done, you will pay for the original work, the costs of having that work undone, and, if finally approved by the ACC, the cost of having the original work redone. It's much cheaper and easier to get the approval first!
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
6. How long does the approval process take? The ACC has a maximum of thirty days from the receipt of a request to act. If no action is taken within that time period, then the request is automatically approved. If the original request is disapproved, returned with changes requested, or if additional information is requested, then the 30-day clock is restarted at zero when the request is resubmitted. While most requests will be approved within only a few days, if your project is complicated or the information you submit with your request is incomplete, then the time required to gain approval may be prolonged. So, you should start the approval process well in advance of the beginning date of your project (at least 60 days, if possible). 7. What if my request violates the Covenants? Can I get a waiver? No, neither the ACC nor the Board can grant a waiver to the requirements of the Covenants. It would be necessary to change the Covenants, which requires a two-thirds affirmative vote of all Members of the Association (owners). The Board may grant a "decision not to enforce" a provision of the Covenants, in writing, pending a change to the Covenants as was done during the change of required roofing materials, but this is rarely done and never retroactively.
8. If my neighbor's property is lacking in maintenance or upkeep, what can I do? If you do not want to speak to your neighbor directly or the unit is a rental, contact either the ACC chairman or our management company, RRS, and give them the address and nature of the deficiency. We will investigate and send a letter outlining the problem and requesting that it be corrected and that a plan and timetable for correction be furnished to the Association. If we do not receive an acceptable response, the Association may, under the Covenants, enter the property, correct the problem(s), and recover the costs by filing a lien on the property including interest, late fees and all costs of collection. It is in the best interests of the community to ensure that all property is properly maintained, and the Covenants provide ample power to enforce these requirements. In addition to responding to complaints, the ACC makes regular surveys of the community to discover discrepancies and deficiencies which can also initiate this process.
Handbook REVISION Revision – March 2021 MPMP HANDBOOK - MARCH 2021
ARCHITECTURAL STANDARDS QUICK REFERENCE The information below is provided as a guideline for approved standards. Homeowners must still gain written approval from the Architectural Committee prior to making any changes as detailed under Architectural Standards. General guidelines can be found in Section II.
Townhome Paint Colors: Garage door and front doors -Option for soffit, gutters and facia: Taupe color - Home Depot – BEHR Clopay Sandtone Color Formula: Base-B3704 Exterior Satin (8oz sample) CLRNT CL EL IL 0Z 0 0 0 384th 31 14.5 42.5 Trim – Soffits/gutters, facia boards, Stucco, and windows: Beige color - Pittsburgh Paint Color Formula 78-811-01 B-17 C-1Y2 F-3
Window Specifications: Windows must be wood or wood clad in accordance with the covenants, or premium grade vinyl as specially approved by the ACC. Note all window changes needs to be approved by ACC.
Roof Specifications: § GAF Timberline Ultra Shingles GAF SKU # 0510900DA Color Weathered Wood § GAF Timbertex Ridge Cap Shingles GAF SKU#0825900ML Color Weathered Wood § GAF Cobra #2 Ridge Vent Use this is Plastic Ridge Vent for best ventilating. § Additional recommendations for good shingle performance along with obtain full GAF warranty. § Use GAF Storm guard in all valleys of your roof. Also known as ice & water shield, this helps prevent any leaks. § Don't use staples for installing shingles may void warranty § Recommend use nails, 4 nails/shingle will provide 80 MPH wind warranty, 6 nails/shingle provides a 110 mph wind warranty § It is also recommended they use drip edge on all edges of the roof. Roof Flashing Specifications: §Roof Option #1a Remove and replace existing flat flashing see diagram. flashing specifications: § Option #1b Same as above with band instead of flat. § Option #2 Remove some if any of the Stucco and Re-band the flashing over the top of existing. Then re-stucco on top of that. § Both are acceptable to the board and ACC as long as it is done neatly and pleasing to the eye.
Boat Roof Specifications: § § § § § §
Ceiling Height 10 feet with 3/12 Pitch Metal Roof Forest Green 26 Gauge V-Line 32 Vender: Metals Sales MS Color Fast 30
Handbook REVISION Revision – March 2021 MPMP HANDBOOK - MARCH 2021
GUIDELINES | RULES | RESTRICTIONS
GENERAL RESTRICTIONS 1. The speed limit on Mariners Pointe streets is 15 m.p.h. 2. The use of all motor vehicles is limited to roadways and driveways. 3. Street parking is limited to the inside of the street, opposite homes; ends of cars should not extend from driveways into the street. 4. All boat docks/slips are privately owned. Do not use someone else’s dock/slip without prior permission of owner. 5. All boats must be kept in the water, on lifts, or in a private garage; boats or boat trailers may not be stored in driveways, on private property or on streets of Mariners Pointe. 6. Garbage cans are to be kept inside garages; homeowners are responsible for contracting for trash removal; empty cans are to be returned to garages promptly following pick-up. 7. No recreational vehicles or commercial vehicles, including house trailers, camping trailers or similar items can be kept on private property or on streets of Mariners Pointe, unless same are stored or parked inside a garage. 8. Fireworks are not permitted anywhere at Mariners Pointe. 9. Propane tanks and other equipment, service yards, woodpiles or storage piles must be kept screened by adequate planting or fencing to conceal them from view of neighboring houses or streets. 10. Play structures/swings for children are permissible on private lots if they are not visible from the street or from neighboring homes. 11. Satellite dishes should not be visible from neighboring houses or streets, may not be placed on privacy walls between townhomes or placed on free-standing poles or obstruct landscapers. 12. Garage sales are not encouraged. 13. No outside burning is allowed except in approved devices such as grills, outdoor fireplaces, etc. 14. No structure of a temporary nature is allowed as a living quarter. 15. Clotheslines are not allowed. 16. All drapes or window treatments should be white or off-white. 17. Outside pets are not permitted. 18. Animals must be always under the control of a human and on a leash (Knox County leash law); animal wastes are to be removed promptly by the owner.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
19. Signs are not permitted, except for information boxes which are loaned by the Association to homeowners with homes for sale.
GENERAL ARCHITECTURAL STANDARDS Any exterior construction/alteration or landscaping, in any manner on any home/lot, must first be submitted to the Board of Directors or Architectural Control committee and approved prior to any construction/work.
1. All roofs must meet the requirements specified herein. 2. All windows must meet the requirements specified herein. 3. All driveways must be paved with concrete or other approved materials. 4. No out-buildings such as tool sheds, carports, or detached garages are allowed unless approved. 5. All window screens, door screens, porch screens or any other screens must be of a dark color (no bright or silver screens). 6. No landscaping, site modification, fencing or other will be allowed that will significantly obstruct the lake or mountain view of another property owner. 7. All exteriors will be stone, brick or stucco similar to that used on existing homes (no parching stucco); however, brick may not be used on any townhouse exterior. 8. Chain link fences are prohibited. 9. Private streetlights or “light watchman” or any other lighting of similar kind is not allowed without prior approval. 10. No individual mailboxes are allowed at homes. 11. Trim color on all townhomes is set by the Board of Directors. 12. The Association will provide landscape maintenance such as cutting grass and landscape maintenance (mulch, trimming of trees/shrubs are needed). 13. Any replacement of trees or shrubbery will be at the owner’s expense. 14. The Association does not provide maintenance or repair for docks, steps, roofs, concrete walks or driveways or patios, exterior walls or privacy walls, wood, trim, gutters, downspouts, or lamp posts. 15. The Association will provide periodic cleaning of stucco.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MAINTAINING YOUR STUCCO HOME
Introduction Synthetic Stucco, also known as EIFS (Exterior Insulation Finishing System), is composed of a layer of closed cell foam (generally from ½” to 2” thick) coated with one layer of mesh imbedded in basecoat (approximately 1/8” thick) and a second layer of finish (approximately 1/8” thick) giving it texture and color. The biggest advantage of EIFS is utility savings (generally $50-$100 per month over an average size home with a different siding). Its weakness is that it does not allow for ventilation should water get behind the system. Following a few simple guidelines will reduce the ability of water to get behind your system and keep your home looking nice.
Fundamentals 1) Above Grade – It is important to keep the foam portion of the EIFS above ground. The foam can act as a superhighway for ants, termites, and other pests to pass undetected into your home. Bringing the EIFS above grade will increase your ability to see if pests are getting into your home and treat them. 2) Flashing – This is metal that is placed behind the system and designed to catch water and bring it outside the system. Decks, roofs, and gutter terminations need to be flashed properly. The major problem area is where the roofline ends (gutter terminates against stucco) and no kickouts are installed. The kickout is a piece of flashing that slides behind the step flashing and diverts the water flowing down the step flashing into the gutter. Without this, water simply flows down the step flashing and drips down the wall behind the foam where the step flashing ends. 3) Caulking – Another significant area of failure is at windows, doors, and penetrations in stucco (light fixtures, spigots, etc). These must be sealed properly to minimize the water getting behind the system. A good sealant and bondbreaker are critical to a proper caulk joint. We generally use 100% silicon caulk for our bondbreaker and NP1 (a paintable polyurethane caulk) for our sealant. It is also important to caulk and prime miter joints behind sash tracks (bottom corner on each side of the window behind plastic piece the window slides up and down on) to prevent water from getting behind stucco as well. Any rotten windowsills should be replaced.
Appearance 1) Soft washing – While unsightly, mold/mildew discoloration is not a generally a sign of problems with stucco. It is usually the result of humidity, shade, and temperature. We remove mold/mildew discoloration using a mixture of water, Jomax, and Clorox. The Clorox is essential in killing mold spores, therefore lengthening the time it will take before the house needs cleaned again. We use a pressure washer at reduced power to wash off the cleaning solution. 2) Painting – Over time the pigment in the stucco will fade. This usually takes 10-15 years depending on exposure to sunlight. A good quality latex paint should be used. Once stucco is painted, it will usually need to be repainted every 5-10 years to maintain color/appearance. There is a misconception that painting will waterproof your home. While it may help in areas where the stucco is not sloped properly, painting will not significantly reduce water entering behind your system. Water almost always enters at penetrations and MP HandbookREVISION Revision –- March 2021 MP HANDBOOK MARCH 2021
missing kickouts. Therefore, if you are painting for any reason other than improving the looks of your stucco, you are probably wasting your money.
Maintenance 1) Inspections – A certified inspector with a good reputation is essential in keeping your home healthy. They have the equipment and training necessary to find areas where water is entering the home.
2) Caulking – Caulking should be redone every 3-5 years. The caulk may hold out longer, but this is dependent on exposure to the sun. Sunlight breaks down NP1. There are caulks like DOW 790 & 795 that hold up to the sun better, but they are not paintable. 3) Cracks/Holes – These can occur due to settling of the home or birds pecking through stucco. Holes should be filled (patched) and cracks can often be caulked (using NP1) depending on their size and location.
MP HANDBOOK REVISION - MARCH 2021 MP Handbook Revision – March 2021
OUTLINE OF RESPONSIBILITIES Pointe Owners Association, Inc., is responsible for: 1. Conducting all business for the Association via the Board of Directors, under Covenants and By-Laws of the Association. 2. Fostering neighborhood improvement, increased property values and social well-being of the community. 3. Providing an up-to-date handbook for homeowners. 4. Maintaining grass/lawns and shrubbery at all units and common areas. 5. Maintaining trees in common areas. 6. Maintaining and repairing common property (clubhouse, mailboxes, pool, tennis courts, gate house and gate, roads, fencing). 7. Cleaning of exteriors of homes periodically (homeowner may use their own company on the same schedule as every other house on the street, but there will not be any refund to cover this). 8. Providing information boxes for loan to homeowners with homes for sale.
Homeowners are responsible for: 1. Maintaining and repairing exterior of homes, roofs, patios, decks, driveways and, where owned, private boat docks/slips. 2. Maintaining of trees on private lots. 3. Contracting for trash removal and pest control. 4. Controlling pets and removing all animal waste. 5. Landscaping of private lots and maintaining private landscaping. 6. Watering of shrubs/plants during the growing season. 7. Promptly paying monthly assessment, and other assessments as declared by the Board of Directors and the Association. 8. Attending Association meetings and exercising voting rights. 9. Passing this handbook to new homeowners upon sale or lease of your home. 10. Following all rules and guidelines, both within Covenants and By-Laws as approved by the Association, and as established by the Board of Directors.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
Management Company is responsible for: 1. Providing professional property management as contracted and aiding the Board of Directors, committees and homeowners. 2. Collecting assessments, depositing in designated bank accounts and maintaining records. 3. Tracking late assessments and sending late notices. 4. Recording and disbursing all payables. 5. Balancing checking, savings and any other accounts. 6. Arranging for an annual audit of the Association’s books. 7. Preparing monthly financial statements. 8. Attending all Association and Board of Directors meetings and sending notices of same. 9. Specifying, bidding out and overseeing all contractors and activities of service personnel, including necessary repairs, and as directed by the Board of Directors. 10. Handling all correspondence required by the Association and Board of Directors. 11. Maintaining financial and general Association files. 12. Maintaining resident directory and distribution of periodic newsletters to homeowners. 13. Preparing and distributing handbooks to all homeowners as directed by the Board. 14. Filing liens as directed by the Board of Directors. 15. Overseeing clubhouse rental bookings. 16. Handling resident complaints and requests with direction from the Board of Directors. 17. Inspecting common areas on a weekly basis. 18. Coordinating gate codes and directory at the entrance gate.
MP Handbook Revision –- MARCH March 2021 MP HANDBOOK REVISION 2021
LANDSCAPING
Mariners Pointe contracts for landscaping services and a general guide of services includes the following: 1. Mowing of grounds – approximately every 7 days during growing season and as needed during periods of hot/dry weather. (33 times per year) 2. Lawn Applications: to be carried out as follows: a.
Common Turf fertilization 2 x year
b.
Fungicide, insecticide, herbicide 3x year to common areas, homesites, and townhome sites
c.
Shoreline clean up 3 x year with one time being after December 1 when water is lowest
d.
Small tree and Crepe Myrtle fertilization 2x year
e.
Mulch/pine straw application – common areas 2x year and 1x year to homesites
3. Pruning of shrubs and small trees – 4 times per year all shrubs and planted trees (courtyards with permission of homeowner) 4. Weed control 10 times per season by hand and 3 times per season with roundup if licensed 5. Shrub application of fungicide, insecticide, and pre-emergent 4 times during the summer growing season 6. Leaf removal 2 times in the fall time frame 7. Blow all driveways and side walks for every mowing 8. All contract work will be done unless the homeowner notifies the landscape company in writing (on an annual basis) of what is to be excluded.
Homeowners are responsible for: 1. Landscaping of private lot, including plants or landscaping individual patio/deck areas, and maintenance of same. 2. Maintenance of trees on private lot. 3. Watering of shrubs/plants during the growing season.
Homeowners should not request special services from the contract personnel unless the homeowner is willing to pay for the extra services.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
BOATS/DOCKS/SLIPS 1. All boat docks/slips are privately owned; liability and maintenance are the responsibility of the homeowner. 2. Refer to the required TVA permits and guidelines prior to any construction of docks/slips (sample information attached). 3. In all cases, prior to any construction, the homeowner must present plans to the Board of Directors or Architectural Control Committee and seek approval. 4. In all cases, subjects of concern are: § § §
non-obstruction of view consistency of aesthetic appearance structural integrity
HOUSES FOR SALE The use of “For Sale” signs is prohibited. However, the Board of Directors in May of 1999 purchased uniform information boxes for loan to homeowners whose homes are for sale. These information boxes are the only ones permitted at Mariners Pointe. “Open House” signs are permitted only during the actual hours of a scheduled open house and are to be taken down immediately thereafter. The Mariners Pointe website is available to homeowners for listing of homes for sale. Contact a Board member for more information.
LEASING/RENTING OF HOMES No residence can be leased/rented for any period less than six (6) months. A copy of the lease agreement is to be forwarded immediately to the Board of Directors. Upon lease, the owner gives up all rights to use of common facilities (excludes boat dock/slip, since it is privately owned; owner decides whether or not to include dock/slip in the lease.)
Tenants are not voting members of the Association (this right remains with the homeowner). Assessment fees (monthly dues) remain the responsibility of the homeowner. MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
FACILITIES
CLUBHOUSE
The clubhouse is for the private use and enjoyment of the homeowners of Mariners Pointe and should be considered an extension of your home. As such, it should be treated as you treat your individual home and used in such a way that will conserve the use of electricity and protect the furnishings and equipment. 1. Reservations to use the clubhouse may be made by members only. Any owner leasing his/her home forfeits privileges to use the clubhouse and other recreational facilities in favor of the residing family. 2. To reserve the clubhouse, please contact Realty Resource Systems, Inc. at 694-0707. 3. A $250 damage deposit is required one week in advance. This is refundable after a member of the Board, Grounds Committee, or Realty Resource Systems has determined that the clubhouse is clean and free of damage. 4. A $50 non-refundable rental fee is required in advance. 5. It is the responsibility of the homeowner making the reservation to ask about any other reservations prior to or following their planned usage to assure that there is no conflict regarding set-up or clean-up (it is suggested that the homeowner should check with the management company a day or two before usage regarding any other last-minute reservations). A calendar listing reservation will be posted at the mailbox bulletin board. 6. The resident who sponsors the function must be always present. 7. Children under the age of 14 are not permitted in the clubhouse unsupervised. 8. The noise level should be controlled by the resident. Outside doors should be closed at 10:00 pm to confine the noise level. 9. A maximum of 100 persons are allowed in the Clubhouse at any one time. 10. All other homeowners may have full use of the pool even when the clubhouse is reserved for a private function. 11. Wet swimsuits and towels are not allowed inside the clubhouse, except in corridor and restrooms. 12. Do not staple, tape or nail signs or decorations to the interior clubhouse walls; all decorations must be entirely removed prior to vacating. 13. The clubhouse must be cleaned by the renting member and vacated by 12 midnight the night of the rental unless prior arrangements have been made with the Board of Directors. 14. The refrigerator, microwave, stove and oven must be left clean.
Food should be removed from the
refrigerator; any remaining will be discarded. 15. Trash must be placed in plastic bags and removed to the Waste containers in the parking area by mail house. Clubhouse trash containers are not to be removed.
MP HandbookREVISION Revision –- March 2021 MP HANDBOOK MARCH 2021
16. Pointe Owners Association reserves the right to restrict clubhouse usage of any member due to negligence, destruction or misconduct. 17. Parking at the clubhouse is provided for day use by residents using the clubhouse, pool, common area and private boat docks. 18. Residents can request special permission from the Board of Directors for parking in the center section lawn (Commodore Point) for special events.
FIRE PROTECTION Due to the distance of Mariners Pointe from our local fire station, fire extinguishers have been purchased by the Board for use in case of an emergency and are in the guard house at the front gate. If there is a fire, first call 911. Community fire extinguishers are intended to keep fires from spreading. Fire fighting should be left to the professionals. Gain access to the guard house by key (from BOD member) or by breaking the glass in an emergency situation.
SWIMMING POOL 1. The Board of Directors establishes the seasonal months for pool usage (when pool is “opened for the summer” and “closed for the winter”). 2. Pool hours are from 8:00 am – 10:00 pm daily. Pool lights should be turned off at 10:00 pm. 3. The pool may not be reserved for private parties. Use of the pool is restricted to residents and their guests. 4. No lifeguard is on duty, swim at your own risk. 5. Children under the age of 14 must be accompanied by an adult. 6. The homeowner/renter is personally responsible for the conduct of his/her children and guests. An adult member of the resident family must remain with guests and children under 14 when they are at the pool. Any resident may request identification from someone using the pool if in doubt. 7. Glass containers are not allowed in the pool area. 8. Please use only one pool chair per person. Chairs or other furniture items are not permitted in the pool. All furniture must be at least three feet from the pool edge to allow quick access to the pool in case of an accident. 9. Please close all umbrellas if you are the last to leave the pool. 10. No pets are allowed in the pool enclosure. 11. Personal body floats may be used only if they do not inconvenience other swimmers. Handbook REVISION Revision – March 2021 MPMP HANDBOOK - MARCH 2021
12. Swimmers must wear swimsuits (no cut-off jeans). 13. Any person with an open sore, skin disease, communicable disease or using an oil-based suntan lotion is not permitted in the pool. 14. Users of the pool are responsible for the removal of all articles brought to the pool (towels, books, etc.). All articles found in the pool area will be removed. Trash cans are provided for proper disposal of trash. 15. The pool must be vacated during storms. 16. No horseplay; no running, diving or rough housing. 17. If radios are used in the pool area, earphones must be used.
USE OF COMMUNITY GAS GRILL 1. Resident must provide propane tank. 2. Grill should be always supervised while cooking. 3. Grilling tools are available for use and located in the clubhouse closet. 4. If you use it, clean it up!
TENNIS/SPORTS COURTS 1. The tennis courts are provided for the playing of tennis and for the use and enjoyment of the residents of Mariners Point and their guests. 2. Tennis courts are available on a first-come-basis. 3. Bicycles, skateboards, in-line skates, scooters, and motorized vehicles are not permitted on the tennis courts. 4. Only appropriate athletic “tennis” shoes may be worn on the court.
COMMON AREAS/GREEN SPACES
1. Green spaces/common areas are provided for the use and enjoyment of the residents of Mariners Pointe and their guests (please distinguish between common areas and private property). MPMP HANDBOOK - MARCH 2021 Handbook REVISION Revision – March 2021
2. Motorized vehicles are not allowed on green spaces/common areas, except where necessary for repairmen/construction equipment. 3. Requests from residents for hosting private functions in common areas must be made in writing to the Board of Directors at least 30 days in advance, and should define area requested, number of attendees expected, activities, proposed equipment, and other information. The Board must approve all such use. 4. The resident who sponsors the function must be always present. 5. Noise level will be controlled by the resident and must not disturb other homeowners. 6. The function must cease by 10:00 pm. 7. The resident must clean all spaces and remove all trash. All equipment must be removed by 10:00 am of the following day. 8. Residents can request special permission from the Board of Directors for parking in the center section lawn for special events
STREETS
1. The streets in Mariners Pointe are privately owned and maintained by the Association. 2. The speed limit on Mariners Pointe streets is 15 mph. 3. The streets are shared by pedestrian walkers, bikers, and automobiles; in all cases, pedestrians have the right-of-way. 4. Children should not play in the streets unattended. 5. Street parking is limited to the inside of the street, opposite homes; ends of vehicles should not extend from driveways into the street; residents are expected to park in garages/driveways and limit street parking to guests and short-term parking of 30 days or less. 6. All vehicles must be on pavement and parallel to the curb. 7. All motorized vehicles parked/operated on streets must have a current license plate/tag and be drivable. 8. Parking at the clubhouse is provided for day use by residents using the clubhouse, pool, common area and private boat docks. 9. Residents can request special permission from the Board of Directors for parking in the center section lawn for special events.
MP HANDBOOK REVISION - MARCH 2021 MP Handbook Revision – March 2021
GATE
1. The gate has an automatic timer (clock) and will automatically open each morning and close automatically each evening (hours are designated by the Board of Directors). The gate will remain open throughout the day. 2. Homeowners may purchase gate openers from Williams Door Company (539-0222); please follow instructions below. 3. When entering at night and if gate is closing behind another vehicle, allow gate to close completely before pressing open button (the gate mechanism will not work properly if the button is pushed while the gate is in mid-cycle). 4. Gate will open automatically for cars exiting when gate is closed; proceed slowly until gate is fully open before exiting. 5. Directory codes are assigned by Realty Resource Systems. Guests should follow the posted instructions; the telephone will ring at the owner’s home; the gate may be automatically opened by the homeowner by pushing “0” (zero) on the telephone. 6. Private access codes (five-digit numbers used by the homeowner for access) are designated by the homeowner and must be given to Realty Resource Systems for coding into the system. 7. In case of gate malfunction or a power failure, the gate can be manually opened. Please promptly notify a member of the Board or Realty Resource Systems, Inc., if there is a malfunction. Never attempt to repair or dismantle any part of the gate. The Board of Directors has assigned designated homeowners and repair personnel only to work on the gate. 8. Anyone damaging the gate in any way or causing it to malfunction will be charged for repairs.
ISLAND POLICY 1.
The Mariner’s Pointe island located adjacent to the pool and tennis courts area is only for the use of residents. A resident must be present with any activities on the island. 2. Anyone using the island must clean up after themselves and not leave litter behind. 3. No overnight camping or campfires allowed. PLEASE BE CONSIDERATE OF NEIGHBORING HOMES AND RESIDENTS!
HandbookREVISION Revision – -March 2021 MP MP HANDBOOK MARCH 2021
ASSESSMENTS SUMMARY
The assessment policies have been identified and are clarifications as referenced in the Pointe Owners Association Second Declaration of Covenants, Conditions and Restrictions, Article V. The Board of Directors is empowered to determine and collect the assessments for each lot in Mariners Pointe. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of Mariners Pointe, and for the improvement and maintenance of the common areas. Each lot within Mariners Pointe is deemed to covenant and agrees to pay to the Association:
1.
Annual assessments (as established by the Board of Directors)
2.
Special assessments (as voted by members of the Association)
3.
Emergency assessments (as declared by the Board of Directors)
The 2021 annual assessment is $260 per month or $3,120 per year.
Due date:
Monthly assessments are due the first day of each month.
Past due:
After 10 days a late fee of $25 per month will be added to the monthly assessment. Interest will be charged on the late fees and the past due assessments until paid in full.
The Monthly assessment may be paid by automatic bank draft (contact Realty Resource Systems, Inc.), or is to be mailed to: Pointe Owners Association, Inc. c/o Realty Resource Systems P.O. Box 51767 Knoxville, TN 37950-1767
No owner may waive or escape liability for the assessments. The Board may bring legal action against owners for non-payment of assessments.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
POINTE OWNERS ASSOCIATION, INC. DELINQUENT ASSESSMENT COLLECTION POLICY Prompt payment of assessments by all owners is critical to the financial health of the Association and to the enhancement of the property values of our homes. Under the Declaration of Covenants, Conditions and Restrictions Article V (CC&Rs), the Board of Directors is obligated to enforce the members' obligation to pay assessments. The policies and practices outlined herein have been adopted by the Board to ensure a prompt and fair collection of delinquent/past due assessments. These policies and procedures shall remain in effect until such time as they may be changed, modified, or amended by a duly adopted resolution of the Board of Directors. Therefore, pursuant to the CC&Rs, the Pointe Owners HOA delinquent assessment practices and policies, are as follows:
1. Owner's Obligation to Pay Assessments Assessments, late charges, interest and collection costs, including any attorneys' fees, are the personal obligation of the owner of the property at the time the assessment or other sums are imposed. 2.Monthly Assessments Monthly assessments are due and payable on the first day of each month, i.e.: 1st day of each month in advance. A monthly assessment shall be deemed delinquent ten (10) days after the stated due date. A courtesy billing statement is sent each month after payment is not received by the 30th of the current month, to the billing address on record with the Association. HOWEVER, IT IS THE OWNER'S RESPONSIBILITY TO PAY EACH ASSESSMENT IN FULL EACH MONTH REGARDLESS OF WHETHER A STATEMENT IS MAILED OR RECEIVED. 3. Other Assessments All other assessments, including special assessments, are due and payable on the date specified by the Board on the Notice of Assessment, which date will not be less than thirty (30) days after the date of notice of the special assessment. A special assessment payable in installments shall be deemed delinquent ten (10) days after the stated installment due date. Any remaining installments will be accelerated and the entire unpaid balance shall become immediately due and payable and shall be subject to a late charge and interest as provided below.
4. Late Fees Assessments which are not postmarked or received within the grace period following the due date are delinquent and shall be subject to a $25.00 late charge per month. 5. Interest Interest, at the rate of 4% above prime or the legal limited rate will be assessed against any outstanding balance, including delinquent assessments, late charges, and cost of collection, which may include attorneys' fees. Interest charges shall accrue ten (10) days after the assessment becomes due and shall continue to be
MP HANDBOOK REVISION - MARCH 2021
assessed each month until the account is brought current.
6. Delinquency & Legal Notices a)
1st Reminder:
The first notice of past due/delinquent assessments ("1st Reminder") will be prepared and mailed on the 30th of the month an assessment becomes delinquent. Delinquent will be considered at 10 days past the due date.
b)
2nd Reminder:
The second notice of past due/delinquent assessments ("2nd Reminder") will be mailed if the required payment or payment plan has not been received within fifteen (15) days of mailing the 1 st Reminder (45 days past due date). c)
Pre-Lien - Payment Plan Letter:
If an assessment is not received within sixty (60) days after the assessment becomes delinquent, the Association, the Management Company, or its designee, will send a Pre-Lien/Payment plan Letter to the owner as required by Civil Code, by certified, and first class mail, to the owner's mailing address of record advising of the delinquent status of the account, impending collection action, and the owner's right to request that the Association participate in the internal dispute resolution process ("IDR"). Charges associated with the preparation of the pre-lien letter will be considered a "cost of collection" and may be charged to the owner. A suggested payment plan will be submitted with this notice. Owner will have the right to agree to payment plan or suggest an alternate payment plan and the lien submission will cease once the Association, Board of Directors, and/or Realty Resources has the agreed, signed written payment plan in hand. Notwithstanding this provision, the Association reserves it right to issue a Pre-Lien Letter following delinquency but before expiration of the 60 days referenced above, when (1) there is an open escrow involving the owner's lot; or (2) if a Special Assessment becomes delinquent. Communications to Owner Any and all communications to the owner as referenced herein will be made to the owner's property address. Owners have the right to provide a secondary address for the purpose of receiving collection notices. The owner's request shall be in writing and shall be mailed to the Association in a manner that verifies the Association has received it. An owner may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection process, the Association shall only be required to send notices to the indicated secondary address from the point the Association receives the request. Communications to Association Any and all communications to the Association as referenced herein should be made by email, and US mail to: Pointe Owners Association c/o Realty Resource Systems P.O. Box 51767 Knoxville, TN. 37950 7. Recording of the Lien If an owner fails to pay the amounts set forth in the pre-lien Letter and fails to request IDR within thirty (30) days of the date of the pre-lien Letter, the Board shall decide, by majority vote in an open meeting, whether to authorize the recording of a lien for the amount of any delinquent assessments, late charges, interest and/or costs of collection, MP HANDBOOK REVISION - MARCH 2021
including attorneys' fees, if any, against the owner's property. If the Association authorizes the recording of a lien against the owner's property, the owner will be charged for the fees and costs of preparing and recording the lien. The lien may be enforced in any manner permitted by law, including, without limitation, judicialor non-judicial foreclosure- Civil Code §5650.
8. Enforcing of the Lien Once the lien has been recorded, the Association, the Management Company, or its designee, may enforce the lien thirty (30) days after recording of the lien and may foreclose the lien by non-judicial foreclosure sale when either, (a) the delinquent assessment amount totals One Thousand, Eight Hundred Dollars ($1,800.00) or more, excluding accelerated assessments and specified late charges and fees; or (b) the assessments are delinquent for more than twelve (12) months. Owners could lose ownership of the subject property if a foreclosure action is completed and may also be responsible for significant additional fees and costs if a foreclosure action is commenced. (Tenn. Code Ann. § 66-27-4). The decision to foreclose on a lien must be made by a majority of the Board of Directors in an Executive Session meeting and the Board of Directors must record their votes in the minutes of the next open meeting of the Board. The Board must maintain the confidentiality of the delinquent owner(s) by identifying the matter in the minutes by only the parcel number of the owner's property. 9. Release of Lien Prior to the release of any lien, or dismissal of any legal action, all assessments, late charges, interest, and costs of collection, including attorneys' fees, must be paid in full to the Association. The Board of Directors, by a majority vote, shall have the right to forgive any portion of the assessments, fees, late charges, interest, and cost of collection if they so deem it necessary in order to collect the past due assessments. 10. Owner's Right to Inspect Accounting Pursuant to Corporations Tenn. Code Ann. § 66-27-4, an owner is entitled to inspect the Association's accounting books and records to verify the amounts owed. In the event it is determined that the owner has paid the assessments on time, the owner will not be liable to pay the charges, interests, and costs of collection associated with collection of those assessments. 11. Owner's Right to Dispute resolution Prior to initiating any foreclosure sale on a recorded lien, the Association shall offer delinquent homeowners the option of participating in an Internal Dispute Resolution (IDR) or Alternative Dispute Resolution (ADR). Pursuant to Civil Code Section 5730 (a) et seq., an owner has the right to dispute the assessment debt by submitting a written request for dispute resolution to the management Company for delivery to the Association. Pursuant to Civil Code Section 5730 et seq., an owner has the right to request alternative dispute resolution with a neutral third party before the Association may initiate foreclosure against the owner's separate interest, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. 12. Request for a payment plan
MP HANDBOOK REVISION - MARCH 2021
Any owner who is unable to pay assessments will be entitled to make a written request for a payment plan for consideration by the Board of Directors. An owner may also request to meet with the Board in an executive session to discuss a payment plan if the payment plan request is mailed within fifteen (15) days of the postmark date of the pre-lien Letter. The Board will consider payment plan requests on a case-by-case basis and is under no obligation to grant payment plan requests. Payment plans shall not interfere with the Association's ability to record a lien on an owner’s separate interest to secure payment for the owner's delinquent assessments. If the Board authorizes a payment plan, it may incorporate payment of ongoing assessments that accrue during the payment plan period. If a payment plan is approved, additional late fees from the homeowner will not accrue while the owner remains current under the terms of the payment plan. If the owner breaches an approved payment plan, the Association may resume its collection action from the time the payment plan was approved. Nothing herein limits or otherwise affects the Association's right to proceed in any lawful manner to collect any delinquent sums owed to the Association. 13. How Payments Are Applied Any payments made shall be first applied to assessments owed and only after the assessments owed are paid in full, shall such payments be applied to late charges, interest, and collection expenses, if any, including attorneys' fees, unless the owner and the Association enter into an agreement providing for payments to be applied in a different manner. 14. No Offset There is no right of offset. An owner may not withhold assessments owed to the Association on the alleged grounds that the owner is entitled to recover money or damages from the Association for some other obligation. 15. Returned Check Fees An owner will be charged a thirty-two dollar ($32.00) fee for any returned check unpaid by the owner's bank. 16. All charges referenced herein are subject to change upon thirty (30) days' prior written notice.
Board of Directors Pointe Owners Association 2021 March
MP Handbook Revision - March 2021 MP HANDBOOK REVISION - MARCH 2021
Handbook REVISION Revision – March 2021 MPMP HANDBOOK - MARCH 2021
Mariners Pointe Clubhouse Agreement I, Pointe at of the clubhouse for: Date: _____
, a homeowner residing at Mariners (address) request private use
Time: ___________
Purpose:______________________________
Private use requires prepayment of a rental fee of $50.00 plus a deposit of $250.00 to cover any damage to the clubhouse. The fee and deposit should be remitted in two separate checks. Make checks payable to Mariners Pointe Homeowners Association and mail to Realty Resource Systems, P. O. Box 51767, Knoxville, TN 37950. There is no rental fee for use of the clubhouse for events that are open to all homeowners. Organizers of these events should arrange for cleanup of the clubhouse by the attendees. How many vehicles are anticipated? _______ Due to parking space limitations, no more than 20 vehicles should be planned for a private event. Event organizer should arrange shuttles or car pools if more than 20 are anticipated. If more than15 vehicles are anticipated, Realty Resources will post the event on the Mariners Pointe website and send out an email so other residents can be advised that parking might be a problem during the event. The pool and sports courts as well as access to the rest rooms will remain available to all residents at all times, and it is understood and agreed that clubhouse reservations do not include closing those facilities to residents. You must arrange an inspection of the clubhouse after the event by calling 865-5849099. If you do not arrange to have the clubhouse inspected the deposit will not be returned. If any damages are noted, repair costs will be deducted from the damage deposit. If repairs exceed the amount of the damage deposit, the resident will be billed for the excess. The Mariners Pointe clubhouse is a non-smoking facility and if smoking occurs inside the building during a private event, the damage deposit will be forfeited. _____________________________________ Homeowner Signature Phone Number ________________
Date
Email address _______________________
Note: Please contact Realty Resource Systems 24 hours prior to your event to obtain the entry code. If your reservation is for Saturday or Sunday, please call the last business day before the event. Realty Resource Systems office hours are Monday – Friday from 9:00 AM to 4:00 PM. 865-584-9099
MP HANDBOOK REVISION - MARCH 2021 MP Handbook Revision – March 2021
Clubhouse Rules The clubhouse is for the private use and enjoyment of the homeowners of Mariners Pointe and should be considered an extension of your home. As such, it should be used in such a way that will protect the furnishings and equipment and conserve electricity. 1. Reservations to use the clubhouse may be made only by homeowner’s association members who are current on their association dues. Any owner leasing his/her home forfeits privileges to use the clubhouse and other recreational facilities in favor of the residing family. 2. To reserve the clubhouse, please contact Realty Resource Systems, Inc. at (865) 584-9099. A Mariners Pointe Clubhouse Agreement must be completed and returned to Realty Resource Systems along with checks for the rental fee and damage deposit before the reservation can be confirmed. 3. A $250 damage deposit is required in advance. This is refundable after a member of the Board, Grounds Committee, or Realty Resource Systems has determined that the clubhouse is broom clean and free of damage. 4. A $50.00 non-refundable fee is required in advance. 5. It is the responsibility of the homeowner making the reservation to ask about any other reservations immediately prior to or following their planned usage to assure that there is no conflict regarding set-up or clean-up (it is suggested that the homeowner should check with Realty Resource Systems two days before usage regarding any other last minute reservations). A calendar listing reservations will be posted on the Mariners Pointe website. www.marinerspointe.hoaspace.com 6. The resident who sponsors the function must be present at all times. 7. Children under the age of 14 are not permitted in the clubhouse unsupervised. 8. The noise level should be controlled by the resident. Outside doors should be closed at 10:00 p.m. to confine the noise level. 9. A maximum of 100 persons are allowed in the Clubhouse at any one time. If larger events such as weddings are planned, including using tents and outdoor areas, special approval must be obtained from the Board at least thirty days in advance and additional cleaning fees may be assessed. 10. All homeowners may have full use of the pool, restrooms, and sports courts even when the clubhouse is reserved for a private function. 11.Wet swimsuits and towels are not allowed inside except in corridor and restrooms. 12. Do not staple, tape or nail signs or decorations to the interior clubhouse walls; all decorations must be entirely removed prior to vacating. 13. The clubhouse and any exterior areas that are used must be broom cleaned and garbage removed by the homeowner. 14.The clubhouse must be vacated by 12 midnight the night of the rental unless prior arrangements have been made with the Board of Directors. 15. The refrigerator, microwave, stove, and oven must be left clean. All food must be removed from the clubhouse. 16. Place garbage in the trash can located at the mail house. If that trash can is full, it is your responsibility to dispose of your garbage (in your home or off-site). Clubhouse trash containers are not to be removed. 17. Pointe Owners Association reserves the right to restrict clubhouse usage to any member due to negligence, destruction, or misconduct during prior usage. Revised Sept.2015
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MARINERS POINTE CLUBHOUSE CLEAN UP CHECKLIST ENTRY AREA: _____
Sweep floor
MAIN AREA: _____
Clean table tops and chair seats
_____
Turn off lights, appliances and ceiling fans, and adjust thermostat
_____
Empty all trash into the outside containers (at mail house)
_____
Replace all trash can liners
_____
Remove all decorations
KITCHEN: _____
Sweep floor
_____
Clean the stove, refrigerator, microwave, sink, and countertops
_____
Remove all food and beverages – DO NOT LEAVE ANY FOOD!
_____
Return cleaning products to their proper place.
RESTROOM AREAS: _____
Sweep floors
_____
Clean sinks and countertops
_____
Replace toilet tissue and paper towel rolls if empty
_____
Empty all trash into the outside container (at mail house)
OUTSIDE: _____
Pick up your trash around the clubhouse, pool, and parking areas.
_____
Remove all towels, toys, decorations, etc.
_____
LOCK DOORS ACCORDING TO INSTRUCTIONS. REMEMBER TO CALL 865-584-9099 FOR INSPECTION!
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
Summer Thermostat Settings When In Use Fan ON Function COOL Temperature set at
CLUBHOUSE RULES 72°
When Leaving follow the following instructions: Fan ON Function COOL Temperature set at 80° Winter Thermostat Settings When in Use Fan ON Function HEAT Temperature set at
72°
When Leaving follow the following instructions: Fan OFF Function HEAT Temperature set at 55°
MP Handbook Revision – March 2021 MP HANDBOOK REVISION - MARCH 2021
Your cooperation will help us keep your operating cost down!
1. Owners are responsible for guests conduct. 2. No pool deck activities after 10:00 p.m. 3. User must leave building clean including, refrigerator, stove, oven, tables, chairs, and sofas. Cost to clean and repair will be billed to the homeowner. 4. Outside doors are NOT to be propped OPEN. 5. When leaving, reset thermostat, turn off all appliances, lights, and ceiling fans, including rest rooms. 6. Nov. – April Lock all outside doors including restroom hall door to pool deck but leave door from Great Room to restroom hall door OPEN. 7. May – October - Lock all outside doors EXCEPT restroom hall door to pool deck and LOCK door from Great Room to restroom hall.
MP Handbook Revision – March 2021
MP HANDBOOK REVISION - MARCH 2021
MARINERS
POINTE
ON LAKE LOUDOUN
Homeowner’s Guidebook provided by: Resident Realtor Bill Long
Broker®, Certified Luxury Home Marketing Institute
865.679.1981 www.BillLongRealEstate.com BillLongRealtor@gmail.com