![]() |
|||||||
|
Home About Us News & Events Governance Meetings Block Watch Resources Map FAQ Registered Email Board Contacts
|
Frequently Asked Questions
What does the Association do and how is it beneficial?
As defined in our Bylaws, the role of the Association is to maintain common areas, enforce covenants, and exercise architectural control throughout the Southern Lakes development. More generally, the Association seeks to:
What topics are covered by the Association covenants?
Association covenants cover a wide range of issues, most of which fit into four main categories. The following is partial list of the most commonly inquired-about restrictions: Post-Sale Modifications: Southern Lakes covenants state that the following require the prior, written approval of the ACC: Structures, such as additions, porches, decks, patios, pools, hot tubs, fences, fire pits, etc. including specifications and exterior building materials and colors. Exterior modifications or any building or structure, including retaining walls and berms. The Covenants also grant the ACC the authority to "promulgate detailed standards and procedures" for post-sale modifications. Conservation Easements: The covenants grant the Association broad authority to restrict the use of conservation easement areas on private lots. The following are prohibited without the express, written approval of the Association:
Common Areas: The Association is responsible for the maintenance of common areas within the Southern Lakes Development including: Entrance monuments, Landscape buffer within 50 feet of the Cliff Road right-of-way, and Signs, Nuisances and Storage. The covenants also restrict the following without express, written consent:
Homeowners do not need approval to repaint in accordance with an original color scheme, to plant flowers outside the conservation easement areas, or to remodel a home's interior.
What is the ACC and its approval process?
The ACC is the acronym for the Architectural Control Committee; a three-member group that reviews and approves or disapproves homeowner plans for post-sale modifications. The group is appointed by, and subordinate to, the Association's Board of Directors. For modifications to the existing structure under Article 6 of the covenants (change of siding, fences, decks, additions, etc.), a homeowner must submit an application to the ACC for approval. The ACC must approve or deny the application within 30 days. If the ACC fails to rule on a request within 30 days (allow additional time for mailing), the request is deemed approved. A homeowner may appeal an ACC decision within 10 days. The Board will then review the request with the homeowners within 30 days and issue a prompt decision. For permission to do something prohibited under Article 7 (storage of campers, trailers, boats, posting signs, etc.), and for permission to do anything in the conservation easements (retaining walls, docks, cattail removal, storage, and fire pits), under Article 8 of the covenants, the homeowner must submit an ACC application for approval and receive express, written approval. Homeowners may appeal ACC denials to the Board and the Board will hear an appeal, however, the time limits in Article 6 do not apply to these requests and approvals. The ACC and the Board will make every effort to make decisions and hear appeals as quickly as possible. The ACC also has the power to grant reasonable variances to covenants and restrictions to "overcome practical difficulties or to prevent unnecessary hardship." This can be done, however, only if the variance is not detrimental to other property and doesn't "defeat the purpose" of covenants and restrictions.
Where are the Conservation Easement lines?
Most conservation easement boundaries lie 121 feet straight back from the curb on those lots with conservation easements. However, some lots have different boundaries and it is important that homeowners consult the legal descriptions of their property before beginning any work on their lot. (Please see the "Forms and Documents" section of the homepage.) I understand that some encroachments into the Conservation Easements and other structural changes are allowed under a so-called grandfather provision. Can you explain? Prior to October 2000, the developer controlled all of the architectural decisions for the Association. The residents of the development had no authority to approve or disapprove modifications until the developer turned over architectural control to the Board of Directors in late 2000. The Association's first Board decided not to force homeowners to change or remove modifications made prior to obtaining architectural control. Subsequent Boards have followed that policy.
What about in-ground fire pits? Do I need ACC approval for one?
The City of Inver Grove Heights fire code requires all fire pits to be in the ground at least six inches and rise above the ground at least six inches. The Fire Code also requires that the pit be no greater than three feet in diameter and to be surrounded by at least five feet of bare dirt or gravel and then 20 feet of non-combustible vegetation. The Fire Code also requires a homeowner to secure a permit to construct the pit. Because a fire pit that meets code requirements is a structure, ACC approval is required. Given the significant clear cutting required for a code compliant fire pit, the Board has prohibited their construction in the conservation easements. The Fire Code exempts portable units that are enclosed with screen and a top from the definition of a fire pit. These units do not require a permit, excavation, or clear cutting. Portable units may not be used within the Conservation Easement, per the SLHA Rules adaopted on 2/1/2006. The use of fire pits that do not meet fire code requirements can result in civil and criminal penalties from the City.
What about camper, boat, trailer storage in my driveway/yard/conservation easement?
Simply put, Association covenants prohibit such storage without express, written consent. For more information, please click on the "Governance" section of the homepage, click on covenants, and refer to sections 7.8 and 8.4 of the covenants.
What are the DNR rules concerning the two main ponds in the development?
The Minnesota Department of Natural Resources (DNR) regulates two ponds in the development, the central pond along Alberton Way and Alison Way and the Pond between Alison Way and MN Highway 3. The DNR's regulatory authority covers not only the water of both ponds, but all aquatic and emergent vegetation, such as cattails, below Ordinary High Water Level (OHWL). Some homeowners have asked whether it is permitted to clear cattails. Cattail cutting is not permitted under the covenants without the express, written permission of the Association (Please see sections 8.5 and 8.7 of the covenants, available in the Bylaws and Covenants section on the homepage.) In addition, the DNR has the authority to issue a cease and desist order, to issue a restoration order, and to charge fines of up to $800 for illegally removed cattails. It is a misdemeanor criminal offense to clear cattails without a DNR permit. The DNR has noted that cattails protect water quality, provide wildlife habitat, and slow sedimentation.
Why do we need ACC standards in addition to covenant restrictions? Aren't the covenants
enough?
The ACC standards seek to provide another level of detail to the covenants to serve as an additional guide for residents. For example, covenants state that the ACC has the authority to approve fences, but fails to specify how high, what type, which design, or what location. Published ACC standards are an effort to codify these decisions so homeowners know by what criteria decisions will be made. Standards help reduce the chances of arbitrary decisions and help provide clarity and fairness for all.
Can I get approval for a variance from an ACC standard or a covenant restriction?
Maybe. The ACC may grant reasonable variances to covenants and restrictions to "overcome practical difficulties or to prevent unnecessary hardship." This can be done only if the variance is not detrimental to other property and does not "defeat the purpose" of covenants and restrictions.
How are property inspections done and by whom?
Property inspections may be done by any authorized Association representative, including Board Directors, ACC members, or Association staff. Inspections are generally conducted under three circumstances. First, the Association usually conducts a spring inspection tour starting with the common areas along Cliff Road and the Southern Lakes Monuments. Second, inspections are often conducted to review a request for a post-sale modification submitted to the ACC. Third, inspections are conducted to verify the merits of a complaint or to review the specifics of a possible or ongoing violation.
Do Association representatives have the right to enter my property without my permission?
Yes. Section 9.1 of the covenants provides that the Association has an easement to enter and inspect any lot. However, as a matter of courtesy, Association representatives are committed to making a reasonable effort to notify a homeowner before an inspection is made.
How does the Association develop its budget? As a homeowner, can I make recommendations?
The Association's Board of Directors with the advice and consultation of staff develops the budget (usually in the late summer or early fall.) Homeowners are actively encouraged to submit budget-related ideas, concerns, or suggestions to the Board and to the staff. Members elect Directors to the Board at the annual meeting. Each of three Board members serves a three-year term, and individual Board terms are staggered one per year. Consequently, one Director is elected at each annual meeting. In the event that a Board member retires or resigns prior to the conclusion of his or her term, the remaining Board members must appoint a replacement. The replacement then completes the remainder of the unexpired term. In the case of removal of a board member by the homeowners, the remaining board members must appoint a replacement to complete the removed board member's term. The Board appoints ACC members. Members are encouraged to volunteer to serve on the ACC committee.
How does my proxy work? If I cannot attend a meeting, to whom should I give it?
On any membership voting matter, a single proxy is given to each member (one proxy per residence) in good standing. Homeowners may give their proxy to anyone who will attend the meeting or they may submit their proxy to the Association Secretary. Homeowners are advised to give their proxy to someone whom they know will be at the meeting and will vote according to their wishes.
My neighbor's dog always barks/their cat is always in my tulips. Can the Association
do anything about this?
No. These are issues for the City of Inver Grove Heights not the Association.
What is the process for removing diseased trees?
Homeowners who wish to remove a diseased tree(s) must obtain the appropriate certificate from the forester for the City of Inver Grove Heights and submit it along with a request for removal to the ACC. Once approved, the homeowner may remove the affected tree(s).
I would like to contribute. How do I get involved?
We welcome your participation. To get more involved or to offer your views, please contact the Association office, any member of the Board of Directors, or the ACC. To run for Board, you can either submit an application/resume? form. Alternatively, you can show up at the annual meeting and announce your intention to run. If you would like to be appointed to the ACC, please submit your name to the Association office.
Are Southern Lakes homeowners under watering restrictions?
Southern Lakes is served by Eagan water utilties. Eagan has an odd/even watering restriction year-round. See the Eagan city website for more information about Watering Restrictions.
Please send questions, comments, or suggestions regarding the website to our Webmaster at: commentsaboutthewebsite@southernlakes.us.
|
||||||
| 2009 Southern Lakes Homeowners Association Incorporated Contact Us | |||||||