Pine Ridge Proposed Deed Restrictions – Voting Yes or No

The Pine Ridge Property Association has submitted to its members a new proposed refined Deed Restrictions. These are currently up for a vote now and many are reviewing their options. As members are reviewing their options Pine Ridge has provided a Document to help understand the difference

A comparison of the old deed Restrictions and the Proposed refined deed Restrictionshttps://pineridgeassn.com/deed-restrictions-compared/

This document can also be found here – https://pineridgeassn.com/yesno/

 

Many property owners may believe that if passed the new revised restrictions will be retroactive for existing properties.  This is not true.  In fact they are protected by the detailed discussion of “grandfathering” in section 9.03 of the revised deed restrictions.  
 
 

One concern has been that members may not understand that if they – disagree with a single point and decide to vote “No” against the changes they are in essence voting for the Old Deed Restrictions to be kept. With this comes a series of decisions that Pine Ridge homeowners may not be aware of.

To help this process we decided to create a list to explain

A Vote of “No” against the Proposed Refined Deed Restrictions means you are voting FOR the following:

A Vote of “Yes” for the Proposed Refined Deed Restrictions means you are voting for the following

Overall – NO Vote

  • To allow continued use of the current deed restrictions which are subjective and left up to interpretation by the Board and committees which change over time.
  • The ADC can subjectively reject requests based on their opinion of what fits in the neighborhood
  • With a simple majority vote, the Board can create Reasonable use Rules which have been used to redefine the deed restrictions .
  • A Pine Ridge “Agent” has the rights to come and inspect your property during reasonable hours on your property with no threats of trespass.
  • Keeping the old restrictions document that requires looking in multiple places to find one issue and even have restrictions that are included in some of the definitions but not in the body of the document.

Overall – Yes Vote

  • The ADC MUST adhere to the deed restrictions regardless of personal opinion.
  • The Proposed document creates a more objective set of restrictions for the neighborhood

Sheds/Buildings – NO Vote

  • No shed can be built bigger than 288 Sq feet
  • Your shed counts toward the number of buildings built and the square footage allowed on property
  • You cannot build a wooden building
  • If you want to build a steel building it must
    • Match the style of the house (i.e., Stucco) or leave the front and rear open, and the sides 96 inches above ground
    • No building can be built taller than 20 feet.
    • All roof pitches including porches, breezeways and buildings must be 5/12 or greater

Sheds/BuildingsYes Vote

  • Sheds can now be built up to 420 Sq feet
  • One shed DOES NOT count toward the number of buildings/accessory structures allowed on your property
  • Buildings may be metal or wood
  • Buildings can now be 25 feet in height
  • Roofs for breezeways and porches can now be 3/12 pitch

Compliance – NO Vote

  • A Pine Ridge “Agent” has the rights to come and inspect your property during reasonable hours on your property with no threats of trespass.
  • The board will be allowed to vote to create Reasonable Use Rules with a simple majority. This has been used in the past to create “deed restrictions”.
  • There is no way for members to submit a formal change request.

ComplianceYes Vote

  • Only with written permission by lot owner can a compliance check be done.
  • If members get 300 signed petition to vote for a change to the Deed Restrictions a referendum will happen to consider the changes
  • Board can make changes to the Reasonable Use Rules only with a Unanimous vote of all Board members. 

Fencing – NO Vote

  • Limited to wood fences in front and side yards and only certain styles
  • Non-continuous fences are not allowed.
  • All 6’ solid privacy fences must be made of vinyl.
  • The current drawings do not cover/explain all property/house orientations and lot configurations.
    • ADC will get to subjectively use their authority to make the decisions instead.

Fencing Yes Vote

  • Supports several new styles of fences
  • Fences can now be made with masonry, composite, metal,
  • Now CrossBuck fences, non-continuous fences, metal and picket fences are permitted
  • 6’ Solid privacy fences may be constructed of materials other than vinyl

GrandfatheringNO Vote

  • “Grandfathering” is not defined as part of the old deed restrictions.

Grandfathering Yes Vote

  • Items that were compliant with old deed restrictions when they were built are Grandfathered in under the Proposed Refined Deed Restrictions

Home Occupation Business – NO Vote

  • The current restrictions say only “No noxious or offensive trade shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, without limitation, excessive noise and lighting,” and a later section states “However, dogs, cats and other household pets, horses and ponies shall not be kept, bred or maintained for any commercial purpose.”
  • The Reasonable Use Rules that were approved years ago by the only a Board majority defines what activities home occupation businesses can do.
    • A Reasonable Use Rule that says No traffic , employees or obvious signs of business, and that residents may not advertise their business on their residential lot has been interpreted as no Home Occupation Businesses in the past.

Home Occupation Business –  Yes Vote

  • Home occupations are allowed with clear restrictions defined regarding Home occupation businesses.

In-Law Quarters – NO Vote

  • Limited to 750 square feet inside your home

In-Law Quarters Yes Vote

  • No limits to sizes of in-law quarters in your home

Paved Driveways – NO Vote

  • No requirements to even have a driveway – your neighbors can do what they want
  • If your neighbors have a driveway, they can paint it any color they want.

Paved Driveways Yes Vote

  • Every home must have at least a gravel driveway that connects to a 2+ car garage
  • Driveway coloring (if any) must be one of the colors of the house

Tree Preservation – NO Vote

  • There is a rule that says the builder must meet the county requirements x 2 but there is no process to check if it is being done on new homes being built. – See the section here

Tree Preservation Yes Vote

  • The deed restrictions define tree requirements as well as require a tree preservations plan (Cosigned by the builder) submitted to the ADC on all new home built. Read the section here.

Yard Sales – NO Vote

  • All neighbors can hold as many as they want, as often as they want, for as long as they want.

Yard Sales Yes Vote

  • No more than 3 per year and 1 estate sale