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RS Landing Covenant and By-Law Questions
  • chevron_rightIf I am a Riverside Landing homeowner and decide to rent my home to tenants will they have the right to use the Common Facilities (which include the pool and clubhouse)?
    Yes. Tenants of a Riverside Landing leased home are delegated access to all Riverside Landing common areas and facilities.
     
    Excerpt from the Riverside Landing Covenants:
     
    Article XI(3b) states: “Any Lot Owner may delegate his right of use and enjoyment in and to the Common Property and facilities located thereon to the members of his family, his tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such owner’s Lot, if leased.”
     
     
  • chevron_rightArchitecture Approvals - How do I get a fence and/or exterior construction approved? (Updated)
    Elite Housing Management approves and manages all architectural approval requests.
    Please follow the instructions listed on their ARC website.
     
    Section 10. Architectural Standards. No exterior construction, alteration, addition, or erection of any nature whatsoever shall be commenced or placed upon any part of the Community, except such as is installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. No exterior construction, addition, erection, or alteration shall be made unless and until plans and specifications showing at least the nature, kind shape height, materials, and location shall have been submitted in writing to and approved by an Architectural Control Committee established by the Board. These documents shall contain a front elevation, a rear elevation and a plat plan to be kept on file by the Association.   The Board may divide the Architectural Control Committee into two (2) subcommittees, with one (1) subcommittee having jurisdiction over modifications and the other having jurisdiction over new construction. The Board may employ for the Architectural Control Committee architects, engineers, or other persons necessary to enable the Committee to perform its review. The Architectural Control Committee may, from time to ·time, delegate any of its rights or responsibilities hereunder to one (1) or more duly licensed architects or other qualified Persons, which shall have full authority to act on behalf of the committee for all matters delegated.  Written design guidelines and procedures shalt be promulgated for the exercise of this review, which guidelines may provide for a review fee.
     
    In the event that the Architectural Control Committee fails to approve or to disapprove submitted plans and specifications within thirty (30) days after the plans and specifications have been submitted to it, approval will not be required, and this Section will be deemed to have been fully complied with. As a condition of approval under this Section, an Owner, on behalf of himself and his successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement, and Insurance to and on any change, modification, addition, or alteration. At the discretion of the Architectural Control Committee. an Owner may be made to verily such condition of approval by a recordable written instrument acknowledged by such Owner on behalf of himself and his successor's interest. The Architectural Control Committee shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and ii shall be entitled to stop any construction in violation of these restrictions. Any member of the Board or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any property to Inspect for the purpose of ascertaining whether or not these restrictive covenants have been or are being complied with. Such Persons shall not be deemed guilty of trespass by reason of such entry. In addition to any other remedies available to the Association, in the event of non-compliance with this Section, the Board may record in the appropriate land records a notice of violation naming the violating Owner.
    Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications neither the Architectural Control Committee, the members thereof, nor the Association assumes liability or responsibility, therefore, nor tor any defect in any structure constructed from such plans and specifications. Neither Declarant, the Association, the Architectural Control Committee, the Board, nor the officers, directors, members, employees, and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them tor approval, or to any Owner of property affected by these restrictions by reason of a mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every Person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant. the Association, the Architectural Control Committee, the Board, or the officers, directors, members, employees, and agents of any of them to recover any damages and hereby releases, remises, quit-claims, and covenants not fo sue for all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims. demands, and causes of action not known at the time the release is given.