Proposed Amendments

In the past, we’ve had several requests to amend our subdivision restrictions. Here’s a record of all those proposals, none of which has passed.

2013: Storing Trailers, Motor Homes, Boats, Etc.:

There was a request from homeowners for the definition of the word “storage.” The following definition of the word in the context of the Tree Tops Declaration of Restrictions (signed by every Tree Tops resident before closing of a Tree Tops lot purchase) has been submitted by Siepmann Realty: Outside parking of boats, trailers, motor homes and recreational vehicles for more than one week during a calendar quarter.

For the amendment to pass, 75% (139 of the 185 lots) need to vote yes. If 139 or more lots approve the proposals, then all homeowners will be required to make any and all necessary changes to comply with the covenants as they are currently written.

This was the ballot used, as a downloadable Word document.


From 2012: Two issues were brought to the Tree Tops Homeowners Committee. There were inquiries regarding adding new language to the covenants pertaining to “Minimum Yard Maintenance” and “Temporary Swimming Pools.” An explanation of the new language and a voting ballot is listed on this page. Your vote is requested to possibly amend the covenant restrictions.

Each homeowner was invited to vote on these issues.

Proposed Amendment: Minimum Yard Maintenance

Currently, Section B, Declaration of Restrictions, does not include any language on minimum yard maintenance. Many communities are approving new regulations on the height of grass and noxious weeds to help maintain the appearance of neighborhoods and prevent an adverse impact on property values.

A vote was requested to the possible allowance of regulations on the height of grass, weeds in landscape beds, noxious weeds on the lawn and unsightly garbage and debris accumulating on the property. The proposed minimum yard restrictions are listed below.

Add 14 (a) Minimum Yard Maintenance to Section B, Declaration of Restrictions #14

1. Lawn Maintenance: The Lot Owner of each lot shall keep the grass, weeds and vegetation on said Lot mowed at regular intervals so as to maintain the same in a neat and attractive manner. The Lot Owner must keep lot mowed so that grass and weeds do not exceed six inches (6”) at any given time.

2. Overgrown Weeds in Landscape Beds: The Lot Owner shall remove and dispose of weeds growing in all landscape beds of said Lot at regular intervals so as to maintain the same in a neat and attractive manner. Weeds growing in landscape beds must not exceed twelve inches (12”) at any given time.

3. Dead Trees and Shrubs: Lot Owner shall remove all dead trees and shrubs so as to maintain the lot in a neat and attractive manner.

4. Rubbish and Debris: No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render any Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot or its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and any such container must be visually screened from the street and Common Properties. Any such visual barrier shall consist of either a portion of the residence, fencing or landscaping and planting which the Committee approves.

5. Enforcement: A Landscape Maintenance Committee consisting of four (4) individuals shall be elected at the Annual Spring Tree Tops Homeowners Association meeting. The committee shall serve a term of at least one (1) calendar year. One or more member(s) of the Landscape Maintenance Committee will inspect the subdivision for any possible violations on the following dates of each year: on or near 6/15, 7/15, 8/15, 09/15. Also, the Committee shall investigate any specific homeowner concerns at any given time of the year. If any violations occur, the Tree Tops Homeowners Committee shall issue a written warning to Lot owner of any yard maintenance violation(s). The Lot Owner shall have seven (7) days to bring said lot into compliance.

If a lot is not maintained as stated in the above regulations, the Tree Tops Homeowners Association may obtain the services of a contractor to bring the lot into minimum yard maintenance compliance and to file lien and money judgments against the subject premises for the actual cost of yard maintenance plus 9% interest per annum.

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Currently, Section B., 12 reads: There shall be no outside storage of boats, trailers, buses, commercial trucks, recreational vehicles or items deemed to be unsightly by the Developer or the TREE TOPS Homeowners Association, created pursuant to Section C, below.

Proposed Amendment: Temporary Swimming Pools
Currently Section B, Building Restrictions #17 states that no above-ground swimming pools are allowed. A previous vote was taken on this issue in March 2011 to allow above ground swimming pools and did not pass. However, the proposed language in the amendment did not refer to the allowance of seasonal temporary pools with specific restrictions. A third vote was requested at the 3/12/12 annual meeting as to the possible allowance of temporary swimming pools that would meet the type and seasonal limitations as stated below.

Here’s the proposal that was up for a vote:

Add 17 (a) to Section B, Declaration of Restrictions #17: 
17 (a) Temporary Swimming Pools: Permanent above ground pools would still be prohibited. A temporary above-ground pool, no larger than 18 feet in diameter and no taller than 4.5 in height, may be erected no earlier than May 15 and must be disassembled no later than September 15. No decks, platforms, concrete or any other type of structure will be allowed around any temporary above-ground pool. Temporary pools must be visually screened from the street. Any such visual barrier shall consist of either a portion of the residence, fencing or landscaping and/or plantings which the Committee approves. Temporary pools are not allowed in front yards or driveways.
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