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Bluff Woods Property Owners' Association Policies, Rules and Regulations
updated as of June 3, 2006
PREFACE AND NOTES TO THESE DOCUMENTS
1. On advice of the developer's counsel, and with a concurring opinion from a respected attorney and member of the POA, it is recommended that the collective thinking of the membership of the Bluff Woods Property Owners' Association (hereafter "POA"), as recorded in the minutes of the POA's official meetings, be captured in this document and published to the membership, as well as to any prospective property owners in Bluff Woods, in order that the community may move forward with a unified vision, representative of the majority of property owners.
2. Any POA actions or discussions which were subsequently found to be (a) in contravention of local, state or Federal law; (b) the Bluff Woods Deed Restrictions, as presently recorded with Grundy County; or (c) subsequent actions of the POA are NOT incorporated in this document. Only "live," or still relevant decisions are shown herein.
3. The Bluff Woods Deed Restrictions, as recorded with Grundy County, remain in force on all lots in Bluff Woods and have NOT been amended since their original filing by Alan Jensen in February of 1999. Any additional expectations and requirements placed on Bluff Woods property owners by the POA via this document, or subsequent POA action, are supplemental to the recorded Deed Restrictions, so long as those expectations, requirements and/or actions do not contradict, violate, or otherwise attempt to thwart the intent and purpose of the recorded Restrictions.
4. All meetings of the Bluff Woods POA for 2001, 2002, and 2003 (from whose minutes these items have been extracted) met 50% quorum status and therefore were legitimate decisions of the majority of lot owners at Bluff Woods as of the date of the respective meeting. The 2004, 2005 and 2006 meetings fell just short of quorum status; therefore, actions in those meetings are considered as recommendations to the membership but do not have "decision" status.
5. Items listed herein are followed by the year of the POA annual meeting at which the item was adopted, and, where the minutes so indicated, show the vote of the members (at that time) for and against the item, in order to give the membership a sense of the degree of support for each item. Where decisions were enacted concerning the same topic at multiple POA meetings, a composite description of the item is provided, with more recent actions taking precedence.
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POA COMMUNICATIONS AND SERVICES TO THE MEMBERSHIP
The POA shall publish a directory of emergency contact information and best available property owner information for the benefit and use of the membership. (2004; directory was published and mailed to all current POA members in December, 2005; and is also updated and maintained online in the POA member area of the Bluff Woods website.)
The POA maintains a password-protected [private] Property Owners' Page on the Bluff Woods website, where member communications, news, calendars, policies, a community directory and a record of past POA meetings and activities are archived. Each POA member has a unique password to access the page; these passwords have been set to be the same as that member's Auto Access Gate code, but without the asterisk (*) suffix. (2001; discussion only; updated to include Access Gate explanation)
The POA also maintains the community Auto Access Gate, a remote- and keypad-controlled gate to limit non-resident access to the major part of the Bluff Woods community. If you need password codes assigned [which will work both on the gate and the website] and/or wish to purchase a remote control for your vehicle(s), please e-mail the Bluff Woods POA.
The POA meets annually at 4 pm on the Sunday before Memorial Day at the Boathouse Area at Bluff Woods. A tradition of following this with a picnic-cookout has been started, and the meeting provides an opportunity for all Bluff Woods property owners to meet and develop friendships with other members. As we become more organized and step up member communications, it is the intent of the POA to keep the business meetings as brief and concise as possible, in order to make the day an enjoyable social as well as a useful business occasion. (date and time updated; 2006)
Finally, the POA is responsible for purchasing gravel, grading and mowing services for the community roads within Bluff Woods; and for monitoring compliance with the deed restrictions in effect for the Bluff Woods community (updated 2006). Please refer to subsequent sections of this document for details on these services.
RESPONSIBILITY OF MEMBERS TO NOTIFY NEW PROPERTY OWNERS
Current home or property owners who are selling their property are responsible for conveying to prospective and new property owners their knowledge of the POA; its purpose and intent [including the contents of this document]; how to contact the current POA leadership and access POA information online; and the nature of the information new property owners need to provide to the POA for emergency/safety, membership and general communication purposes. (2004; discussion only)
POA BOARD OF DIRECTORS
The POA Board of Directors is five members, comprised of the Association's four officers (President, Vice President, Secretary, Treasurer) and an At-Large seat. One Director shall be a representative of the community developers. The directors' terms shall be staggered, with two seats on a 3-year term and the remaining three seats on a 2-year term. (2002; unanimous; revised per discussion, 2006)
If you wish to contact the POA leadership, please e-mail the POA president.
POA COMMITTEES
The POA has formed the following working committees:
Budget Committee -- consisting of one POA officer, a representative of the community developers, and one POA member who is not an officer or developer. (2006)
Community Work Day Committee -- to prioritize tasks and organize periodic Work Day events; committee composition and size is flexible, but it will always include a representative of the community developer. (2006)
POA OFFICER INDEMNITY INSURANCE
The POA shall acquire and maintain in force indemnity insurance for its officers, in form and amount customary for property owners' associations of similar size and scope as this organization. (2002; unanimous)
POA MEMBERSHIP AND DUES
POA membership, as evidenced by payment of annual dues, shall be required of all property owners in Bluff Woods. The POA shall use these funds for general community upkeep and improvement of roads, rights-of-way, and other purposes as the POA shall see fit. The current dues level (as of July, 2001) shall be $100 per lot owned, per year. (2001; unanimous)
Dues notices shall be sent out by the Treasurer after the POA annual meeting each year. Dues shall be considered due on July 1 of that year, and delinquent if not paid in full by that date. The POA leadership is directed enforce the dues non-payment provisions of the Bluff Woods Deed Restrictions. Property owners deemed by the POA leadership to be delinquent on POA dues shall have liens placed against their properties, and shall pay all dues in arrears, plus the cost of filing and removing lien(s), including applicable attorney's fees, before such lien(s) will be removed. Members delinquent on dues shall not be entitled to vote on POA matters until dues are brought current. (composite of resolutions from 2002, 2003 and 2004; all approved unanimously)
RELATIONSHIP OF TILL-JENSEN HARDWOOD FOREST PRESERVE TO BLUFF WOODS POA
The developers of Bluff Woods, Alan and Sherri Jensen, have created, own and manage the adjacent Till-Jensen Hardwood Forest Preserve ("HWFP"). This area, in the geographic center of the Bluff Woods community, includes "green space" area designated for outdoor recreational use, including hunting and hiking, and swimming at the Boathouse Area. The HWFP, as a separate, private operating entity, offers annual memberships to Bluff Woods POA members, much like a golf or country club within an adjoining suburban residential community. All policies relating to use of the HWFP are promulgated, maintained and enforced by the Jensens, and the POA is in no way associated with the HWFP entity, nor responsible for its operation. Information relating to, and communications concerning the HWFP, can be obtained by contacting the Jensens directly at the HWFP office, adjacent to the main entrance gate to Bluff Woods, 931-692-3433. (2003; discussion only)
COMMUNITY-WIDE SPEED LIMITS
The community-wide speed limit at Bluff Woods shall be 10 mph for cars and trucks on all roads other than Hideaway Cabin Road, which shall be 20 mph; and 10 mph for 4-wheelers and other smaller powered vehicles. (2002; unanimous -- updated 2006)
BURNING, FIRES AND EMERGENCY RESPONSE
All property owners should obtain a Burn Permit from the local Tennessee Division of Forestry office (931-692-3732) prior to burning brush or debris; the Division of Forestry reserves the right not to issue burn permits when conditions are too dry. Property owners choosing to burn without a permit may incur financial liabilities if emergency services are required in response to a burn that gets out of control.
At present (2004), the Grundy County 911 system is only partially operational; all 911 calls go to the Grundy County Sheriff's Office, which will, in turn, route calls to other emergency management agencies as needed. All homesites at Bluff Woods have been issued a street address for 911 purposes. It is highly recommended that all Bluff Woods property owners know their 911 addresses and provide them to the POA, particularly if the property owner is not a full-time resident of Bluff Woods. (2004; 911 system is now fully operational)
FENCING AND NON-STRUCTURAL DESIGN STANDARDS
Fencing and non-structural improvements shall be finished in natural colors and textures only; artificial materials may be used if they look convincingly natural. All fencing and non-structural additions must blend with the adjacent environment, and should be placed in regard to minimizing visibility to neighbors and other residents, except where necessary for safety reasons. No 'opaque' (i.e., solid) fencing shall be allowed. Pickets or rails must have at least 50% 'see through' to preserve natural views and feel of community. No fencing shall encroach on the road-frontage right-of-way, defined as being 50 feet from the centerline of Hideaway Cabin Road, and 25 feet from the centerline of all other roads. All fencing and non-structural improvements must comply with this standard, with the exception of the existing Robertson (lot 9) tractor shed; fencing on the east side of the rear deck; and the white entrance fence, which are exempted as pre-existing structures, until such time as they are removed or substantially repaired. (2002; unanimous) (reaffirmed 2003)
STRUCTURAL COLOR STANDARDS
Acceptable log stain or coating colors may be chosen from among available options offered by manufacturers of stains and coatings designated for log structures. Outbuildings on the same lot must be stained in an identical or complimentary color. Any other color requests must to be presented to and approved by the POA leadership prior to application to the structure(s). The existing Robertson (lot 9) tractor shed, being an unpainted structure, is exempted so long as it remains unpainted. (2002; unanimous) (reaffirmed 2003)
Acceptable metal roof colors are red, green, blue, beige, brown and earth tones. Outbuildings on the same lot must be roofed in an identical or complimentary color. Any other color requests must to be presented to and approved by the POA leadership prior to application to the structure(s). The Jensens have specifically authorized this expansion in the roof color palette beyond the green [only] specified in the recorded Bluff Woods Deed Restrictions. (2002; unanimous) (reaffirmed 2003)
POSTING OF NON-COMMUNITY SIGNAGE AT BLUFF WOODS
No signage shall be posted within Bluff Woods except for community directional, residence identification or property access ("no trespassing," "no hunting," etc.) signs. [This resolution was specifically intended to prohibit commercial or real estate signage.] (2003; unanimous)
KEEPING OF TRAILERS, MOTOR HOMES AND CAMPERS ON-SITE AT BLUFF WOODS
Property owners without a dwelling on their property or with a cabin under construction are permitted to bring a travel trailer, motor home or camper with them when visiting their property, provided the vehicle leaves with them when they return home or is placed so as not to be visible from any community road or common area. Once the dwelling is complete, the vehicle may only be parked on the property for storage, may not be used as a dwelling, and must be concealed by placement in an outbuilding or otherwise placed so as not to be visible from any community road or common area. (composite of 2002 and 2003 consensus; discussion only)
REMOVAL OF LARGER TREES FROM PROPERTY
No tree of greater that 6Ó caliper dimension shall be removed, unless directly in path of a driveway, under or immediately adjacent to the footprint of a proposed or existing structure without being inspected and approved for removal in advance by the community developer. (2002; unanimous)
FIREARMS AND SHOOTING AT BLUFF WOODS
State and Federal firearms, shooting and hunting regulations shall govern all activities involving the use of guns, firearms, bows and other such weapons at Bluff Woods. Persons using such weapons at Bluff Woods are expected to complete applicable hunting and shooting safety training courses and maintain safety procedure proficiency at all times. (2004; discussion only)
In addition, the POA urgently requests the following local guidelines be followed by all hunters and shooters at Bluff Woods:
(a) On bluff lots, controlled shooting (e.g., skeet and target practice) is only permitted when ammunition is fired directly off the bluff, not across lots or toward another bluff lot (2002; unanimous)
(b) Non residents (including guests of residents) shall not be allowed to hunt on any property in Bluff Woods, except when personally accompanied by a Bluff Woods resident, and then only as in compliance with applicable State and Federal regulations (2002; unanimous)
(c) Hunting on any part of the Till-Jensen Hardwood Forest Preserve is subject to the policies and procedures set forth by the HWFP management, and then only as in compliance with applicable State and Federal regulations (2004; discussion only)
(d) Target practice shooting shall be in compliance with prudent and customary shooting safety standards and procedures, and shall not be done in such a manner as to endanger people or property on adjoining lots. Target shooters are expected to take all reasonable steps to retrieve spent ammunition in order to preserve the natural environment and water quality at Bluff Woods (2004; discussion only)
HUNTING PROCEDURES ON HARDWOOD FOREST PRESERVE
As a point of information and service to the POA membership, the Jensens, as managers of the adjacent Hardwood Forest Preserve (HWFP), have provided the following overview of hunting policies and procedures. Note that these are not intended to represent a complete nor fully current listing of policies and procedures. All policies relating to use of the HWFP are promulgated, maintained and enforced by the Jensens, and the POA is in no way associated with the HWFP entity, nor responsible for its operation. Information relating to, and communications concerning the HWFP, can be obtained by contacting the Jensens directly at the HWFP office, adjacent to the main entrance gate to Bluff Woods, 931-692-3433.
Use of the HWFP is restricted to dues-paying members of the HWFP. Membership in the HWFP is separate and apart from membership in the Bluff Woods POA. HWFP management will require all members of the Preserve to check in and out at the HWFP office prior to and at the conclusion of any use of the HWFP property, so all parties know who is utilizing which part of the HWFP, and for what purpose. Whenever someone is hunting on the HWFP, an appropriately visible flag will be posted at the HWFP office to provide quick visual notice that at least a portion of the HWFP is in use for hunting at that time. HWFP management has reiterated that NO non-HWFP members will be allowed to hunt on the HWFP property at any time, and that guests of Bluff Woods property owners must be accompanied by the property owner whenever hunting on the HWFP property. (2004; discussion only)
HWFP management will post at the HWFP office information about hunting seasons, hunting hours and other information that may affect non-hunting users of the property. During hunting times, hiking and 4-wheeler trails would be clearly marked to advise non-hunters that they are entering a hunting zone. (2002; discussion only)
BLUFF WOODS ROADWAYS -- MOWING & GRADING
The Bluff Woods POA has received an offer from the Jensens to provide roadway grading and right-of-way mowing at a flat rate of $700. (2004)
The POA will order and purchase gravel for all established community roads within Bluff Woods. A road is considered established once the developer has cleared and graded the roadbed and right-of-way; provided for storm water runoff, silt and erosion management; has applied sufficient large- and medium-grade rock base to the roadway so that the base is stable (e.g., no longer visibly settles under weight of traffic after wet weather); and is graded for passenger car travel. (2003; discussion only)
INCORPORATION OF BIGGERS AND ERHART PROPERTY INTO BLUFF WOODS
As a point of information to the POA membership, the Jensens, as community developers, have reached agreements with two adjoining land owners [immediately north of Bluff Woods] to develop their properties in conformance with the recorded Bluff Woods Deed Restrictions, and to require purchasers of their subdivided properties to become members of the Bluff Woods POA on the same terms and conditions as members within Bluff Woods itself. According to the Jensens, these agreements are now in effect for both the Thompson Biggers and Lisa Erhart properties, as both have had subdivided lot sales to third parties. In exchange for these agreements, both Biggers and Hord-Erhardt will earn the right to market their properties as part of the Bluff Woods community. (composite of 2003 [Biggers & Erhart invited to join POA; unanimous] and 2004; discussions only) |
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