TIERRA OAKS ESTATES

LANDSCAPE MAINTENANCE REQUIREMENTS

ARTICLE 8 - MINIMUM STANDARD OF CARE

 

Article 8 of the CC&Rs details the maintenance of properties within Tierra Oaks Estates. Specifically, Section 8.2 (b) requires that each Owner must maintain the landscaping of his or her Lot in a neat and attractive condition, and also allows the Board of Directors to adopt specific Rules regarding the care of landscaping on Lots. Due to the nature of Section 8.2(b), the Board of Directors believes it is in the best interest of all Owners to develop a “minimum standard of care” regarding landscaping of improved properties. These standards will benefit all Owners in allowing the management of this requirement to be applied consistently to all Owners/Members.

 

1.     Road shoulder, gutter and uncurbed areas:  The area between the street edge and a front bank and/or lawn area shall be covered with approved rock, gravel or other approved material that will control erosion and properly direct all street water runoff. These areas must be maintained regularly to include the removal of any debris (i.e., trash, leaves, weeds, etc.) for aesthetic purposes, as well as to assist in the flow of water to our storm drains. Replenishment of these materials is required periodically whenever the area is no longer “neat and attractive” or the material is no longer effective in properly handling the flow of rain water.

 

2.     Bank Area: Bank areas that are low and integrated into the overall landscape plan are not a subject of this section. Steeper banks that by their very nature are a separate element of the landscape of the property are subject to this section.

 

Retaining walls and/or terracing will be encouraged both aesthetically and for erosion control. Periodic maintenance of these features is required to keep them structurally sound and aesthetically pleasing. Plantings should consist of appropriate ground covers and/or shrubs with appropriate irrigation. Plant spacing should be determined based upon the variety of plant; however, plants should be spaced to provide adequate coverage of the area. A minimum spacing of three feet is considered to be a reasonable guideline for plant spacing, other than ground cover which would require much closer spacing. Bank areas must be barked or appropriately covered to conceal irrigation hoses, etc. Plants and shrubs must be trimmed periodically to include removal and replacement of dead specimens, and the area weeded on a regular basis.

 

3.     The standards provided for in these rules are implemented in an effort to reduce the risk of combustible vegetation fuels, which endangers the safety of persons and property by creating fire hazards. All Owner's shall maintain their Lot in such a manner so as to prevent them from becoming a fire hazard.

 

Lawns must be mowed on a regular basis, which is weekly during growing season and every 2 to 3 weeks while dormant; this requirement will achieve a "neat and attractive" appearance and must include the removal of fallen leaves and other landscape debris from the Lot. Lawns must be kept healthy; replacement may be required if fungus and/or weeds become prevalent (using the standard of a new lawn). Shrubs and trees must be pruned periodically as required to include removal and replacement of dead specimens. Weeding of the property must be done in conjunction with other regular maintenance.

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Replenishment of bark and/or other approved ground cover is required, as necessary, to standards for original construction (see ARR Section 3.4).  Areas of a Lot retained as "natural landscape" must be maintained along with the landscaped portion of the property on a regular basis to avoid an accumulation of weeds, grasses, fallen or dead trees, branches, debris, and vegetation fuels.  Additionally, any fallen or dead trees and/or branches must be removed as part of the regular maintenance of a Lot.  No Owner shall permit the accumulation of combustible vegetation fuel on their Lot.

 

Due to extreme fire danger in Shasta County, no earlier than May 15 and no later than June 15 of each year, all Lots shall be completely mowed and cleared of any dead or fallen trees, branches, debris, and combustible vegetation fuels. 

 

All persons clearing any Lot or yard must have a garden hose and a shovel available while providing services. Dried grass and brush must be mowed to the base of all trees and removed from each Lot, excluding riparian areas.  Any accumulation of cut grass, weeds, and vegetation fuels shall be removed.  All streets and curbs must be cleared of cut grass and weed accumulation.

 

The Board, in its sole discretion, may require the removal of any fallen or dead trees or other vegetation fuels from any Lot.  Failure to comply with this or any other section of these Rules and Regulations will result in action taken by the Association to ensure that the Owner brings the Lot into compliance.

 

Failure to comply with this or any other section of these Rules will result in action by the Association to ensure that the Owner brings toe Lot into compliance, which may include fines and entry into the Lot.  Pursuant to Section 6.8 of the CC&Rs, Owners will be assessed a fine of $500.00 for lots that are not cleared in accordance with this section prior to June 16 of each year.  In addition, if an Owner does not maintain their Lot in compliance with the Association’s Governing Documents, the Association may hire a service provider to remove any and all weeds, grasses, fallen or dead trees, branches, debris, combustible vegetation fuels, and other materials from the Lot.  Pursuant to Section 6.7 of the CC&Rs, the Association shall levy a Reimbursement Assessment to reimburse the Association for all costs incurred by the Association to bring the Owner’s Lot into compliance.  (See ARR Section 2.1)

 

4.     Roads.  The Association does not contract for regular street cleaning or similar maintenance.  Members should remove any leaves or other debris that collects at the curb or directly in front of their property.  This will aid in keeping our streets clean and debris-free flow of water to our storm drains.  Additionally, members should not, nor should their landscape contractors, blow debris into the street or onto adjacent properties.