Frequently Asked Questions

❓ Do I need HOA approval before making changes to my property?

Yes. Any exterior improvement that is visible from the street or neighboring lots requires prior written approval from the Architectural Control Committee (ACC) per the CC&Rs (Article V).

❓ Who approves changes to homes, fences, sheds, roofs, or exterior colors?

The Architectural Control Committee (ACC), which consists of the three officers (President, Vice President, and Secretary/Treasurer). Please submit your request using the ACC Approval Form on this website. We will respond within 30 days of receiving a complete application.

❓ Do I need a building Permit in order to have a Shed in my backyard?

Depends.  IF your shed is does not exceed 200 square feet in total, then no.  It however still must follow fruitland city setback rules and regulation.  And YES - you still must submit a request to the ACC

❓ What types of projects usually require approval?

Fences (must be white vinyl, max 6 ft, no front-yard fences), sheds, decks, patios,greenhouses, exterior paint color changes, roofing changes, solar panels, and any other visible structural or meaningful landscaping improvements.

❓ What does NOT usually require approval?

Routine yard maintenance (mowing, weeding, planting small flowers/shrubs) that does not change the overall appearance or drainage of the lot.

❓ What happens if I start a project without approval?

The HOA may require you to modify or remove the improvement at your expense to bring it into compliance with the CC&Rs.

❓ Do I need approval to repaint my home?
Approval is typically required if you are changing the exterior color. Repainting using the same existing color generally does not require approval.

❓ Do I need approval for landscaping?
Minor landscaping such as planting flowers, shrubs, or trees typically does not require approval. Larger changes that significantly alter the property or affect drainage, grading, or visibility may require ACC review/approval.

❓ Do backyard projects require approval?
Projects not visible from the street and not impacting neighboring properties generally do not require approval, but larger or structural improvements should still be submitted for review.

❓ Why does the HOA require approval for some changes?
To maintain a consistent, attractive neighborhood appearance and protect property values for all owners, as stated in the CC&Rs (Article III).

❓ Where can I find the HOA rules?

All governing documents, including the CC&Rs and By-Laws, are available on the Documents pageof this website.

❓ What is the difference between CC&Rs and By-Laws?

The CC&Rs contain the rules for property use, design, and maintenance. The By-Laws explain how the HOA Board operates, holds meetings, and manages the association.

❓ Which document should I check for property rules?

Most day-to-day property rules (fences, animals, nuisances, irrigation, etc.) are in the CC&Rs.

❓ Are all rules enforced strictly at all times?
The Board enforces the CC&Rs fairly and consistently, while using reasonable discretion where the documents allow.

❓Why can’t the Board create new rules whenever an issue comes up?

The CC&Rs are a legal contract that runs with every lot in the subdivision. The Board is required to follow them as written. Any significant changes to the rules would require a vote of the membership (see By-Laws Article 12.04).

❓ Can the HOA make exceptions to the rules?
The ACC may grant a variance in limited cases, but only if it is consistent with the overall intent of the CC&Rs and does not harm the neighborhood.

❓ What happens if someone violates the CC&Rs?
The Board will issue a written notice and work with the owner to correct the violation in accordance with the governing documents.

❓ How often does the HOA meet?

The Board meets monthly (or as needed). The annual membership meeting is held in the first half of each year.

❓ Who runs the HOA?

A volunteer Board of Directors made up of lot owners, as described in the By-Laws.

❓ How are decisions made?

By majority vote of the Board in accordance with the By-Laws and CC&Rs.

❓ How do I contact the HOA?

The best way to contact the HOA is through the Contact form on the website.

❓ How do I submit a request for approval?

Use the ACC Approval Form (linked on the homepage and Submit Request page).

❓ How long does it take to get a response?

The ACC responds within 30 days of receiving a complete application. The Board reviews other matters as promptly as possible.

❓ What does the HOA actually have authority over?
Only the items specifically listed in the CC&Rs and By-Laws (common areas, irrigation system, assessments, architectural approvals, and enforcement of community standards).

❓ What does the HOA NOT control?
Public streets, city services, traffic, law enforcement, or any behavior not addressed in our governing documents.

❓ Can the HOA control traffic, headlights, or street activity?
No. Those are city matters.

❓ Can the HOA create a neighborhood watch or security program?
The HOA does not currently operate or manage a neighborhood watch program. Residents are free to organize community efforts independently if they choose.

❓ Can the HOA resolve disputes between neighbors?
Only if the issue is a clear violation of the CC&Rs. The HOA does not mediate personal disagreements.

❓ Are HOA dues required?
Yes. All homeowners are responsible for paying assessments as determined by the HOA.

❓ When are dues due?

Annual assessments are due January 1st of each year. 

❓ What happens if dues are not paid?
If a homeowner becomes delinquent, the HOA may take action as outlined in the governing documents, which can include suspension of privileges or legal action if necessary.

• After 12 months delinquent, the HOA may suspend member privileges, including services and voting rights

• After 24 months delinquent, the HOA may pursue legal action, including placing a lien on the property and foreclosure if necessary

❓ How much are the dues?

The amount of annual assessments is determined by the Board each year based on the needs of the community, including maintenance, repairs, and operational costs .  Currently listed as $350/year.

❓ Can the HOA increase dues?
Yes. The Board determines assessments based on the needs of the community, including maintenance, repairs, and operational costs.

❓ Can dues be collected in different payment schedules?

Yes. Assessments may be collected monthly, quarterly, or annually at the discretion of the Board. 

❓ How do I pay my HOA dues or special assessments? 

Invoices are currently issued through the HOA’s bookkeeping service with the Law Office of Reece Hrizuk. Jessica Koomen is the primary contact who sends invoices and initial payment reminders on the HOA’s behalf.

If you have been told your invoice was sent but do not see it, please search your email inbox for jessica@hrizuklaw.com.

Payments are currently made by check, and payment instructions are included on the invoice.

If you are unsure whether you have already paid, believe there may be an issue with your balance, or have questions about your account, please contact the HOA Treasurer first before reaching out directly to the law office. You may email the HOA and attn: Treasurer / Maria Sellers in your message. The Treasurer will review the account in QuickBooks and do her best to assist.

Please allow 2 to 4 business days for a response. HOA board members serve on a volunteer basis and are not compensated, but we will respond as promptly as possible

❓ Can the HOA charge additional assessments?

Yes. Special assessments may be issued for major repairs or improvements, but typically require approval from at least two-thirds of voting members. 

❓ What are dues used for?
Dues are used to maintain common areas, cover operational expenses, and fund necessary repairs or improvements.

❓ Does the HOA maintain a reserve fund?

Yes. The HOA may collect up to $100 per homeowner annually for a reserve fund designated for major irrigation-related repairs or capital improvements, with a maximum reserve cap of $10,000. 

❓ Can the HOA charge fines or penalties?

The governing documents primarily address assessments and enforcement through suspension of privileges and legal remedies. Any additional enforcement actions are handled in accordance with the governing documents and applicable law. 

❓ Is the HOA Board a full-time service provider?
No. The Board is made up of unpaid volunteer members who serve the community and are not a full-time management company.

❓ How quickly will I receive a response?
Response times may vary. The Board reviews requests and concerns as promptly as possible, but immediate responses are not always feasible.

❓ Why do I need to use forms instead of emailing individuals?
Forms help ensure requests are properly documented, reviewed, and addressed consistently.

❓ Can the HOA address noise complaints or disturbances?
Most noise complaints and general disturbances fall under local city or county regulations, not HOA authority. Residents may need to contact local authorities for enforcement of noise or nuisance ordinances.

❓ When should I contact the HOA about a concern?
The HOA should be contacted when the issue relates to the governing documents, such as property use, visible violations, or community standards.

❓ When should I contact the city instead of the HOA?
Issues involving noise, traffic, public safety, or disturbances are typically handled by local government or law enforcement rather than the HOA.

❓ Will the HOA act on every complaint submitted?
The HOA reviews all submissions but will only take action when the issue falls within its authority and aligns with the governing documents.

❓ What should I do about minor issues with neighbors?
For minor concerns, residents are encouraged to communicate directly and respectfully with neighbors when appropriate.

❓ Can I rent out my home on a short-term or long-term basis?

Yes. Long-term and short-term leasing/renting is allowed as long as the property is used for single-family residential purposes and the lease agreement states that the tenant is subject to these CC&Rs (CC&Rs Article IV.1.B).

❓ What is considered a nuisance?

No rubbish, debris, odor, noise, or other nuisance is permitted if it renders any lot unsanitary, unsightly, offensive, or detrimental to other lots or their occupants. Horns, whistles, or bells (other than security devices or external speakers on patios/gazebos) are prohibited (CC&Rs Article IV.12).

❓ Can I operate a home business?

Yes, provided the business is conducted solely within the residence, creates no additional vehicular traffic to the subdivision, and no signs relating to the business are visible from any public or private road (CC&Rs Article IV.5).

❓ What does the HOA consider a “nuisance,” and how do you decide if noise, odor, or a disturbance is “excessive”?

The CC&Rs define a nuisance this way (Article IV.12):

“No noise or other nuisance shall be permitted to exist, operate upon, or originate from any Lot so as to be offensive or detrimental to any other Lot within the Property, or in the vicinity thereof, or to its occupants.”

The same section also states that no odor shall be permitted to arise that renders any lot “unsanitary, unsightly, offensive or detrimental” to another lot or its occupants.

Because the CC&Rs use the words “offensive or detrimental,” the standard is based on what a reasonable person would find offensive or detrimental under the circumstances — not simply one neighbor’s personal preference. What one person finds acceptable another may not, so the Board looks at factors such as frequency, duration, time of day, and actual impact on neighbors when evaluating a complaint.

My neighbor’s noise/odor/disturbance bothers me — does that automatically mean it’s a violation?

Not automatically. A single complaint does not create a violation. The Board will investigate complaints and determine whether the activity actually violates the “offensive or detrimental” standard in the CC&Rs. We encourage owners to first try respectful communication with their neighbor when possible. If that does not resolve the issue, please submit a written complaint to the Board with details (dates, times, description of the problem, and how it affects you).

❓ Are pets allowed?

Yes. Dogs, cats, and other household pets are allowed provided they are not kept, bred, or maintained for commercial purposes and the owner complies with all city and county laws. No dog runs or kennels may be placed within five (5) feet of a setback line and must be screened from view by a privacy fence. Consistent or chronic barking by dogs is considered a nuisance (CC&Rs Article IV.7).

❓ Can I have livestock or poultry?

No. No animals, livestock, or poultry of any kind may be raised, bred, or kept on any lot (CC&Rs Article IV.7).

❓ If the ACC approves a variance for my neighbor’s project but I disagree with it, what can I do?

The Architectural Control Committee (ACC) is made up of the three officers and has the authority to review and approve (or deny) requests, including variances. There is no formal appeal process outlined in the CC&Rs or By-Laws. However, any owner may bring concerns to the full Board of Directors at a regularly scheduled board meeting.

❓ Can the HOA ban or restrict normal activities that are not mentioned in the CC&Rs ?

No. The HOA can only enforce rules that are actually written in the CC&Rs. Activities that are not prohibited in the governing documents cannot be banned by the Board.

❓ Can I ask the HOA to force my neighbor to change something on their property that I find annoying but is not clearly addressed in the CC&Rs?

The Board can only act on clear violations of the CC&Rs. If the issue is not covered in the documents, the HOA does not have authority to require changes. In those cases, owners are encouraged to first try respectful communication with their neighbor.

❓ Can the HOA create or enforce stricter rules than what is written in the CC&Rs?

No. The Board is required to follow the CC&Rs and By-Laws as written. Any significant changes to the rules would require a vote of the membership (By-Laws Article 12.04).

❓ What if I want the HOA to make a new rule about something that bothers me?

New rules or changes to the existing CC&Rs can only be made by a vote of the membership. Any homeowner may bring a suggestion to the Board, but the Board cannot create new rules on its own.

❓ Can the HOA fine my neighbor (or me) for violating the CC&Rs?

The CC&Rs and By-Laws do not currently authorize the Board to impose monetary fines. The primary enforcement tools are written notice, requiring compliance, and (for assessments) suspension of privileges or lien/foreclosure procedures as outlined in By-Laws Article 6.01.

❓ Do I have to allow the ACC or Board members onto my property?

The CC&Rs do not grant the HOA an automatic right of entry onto private lots for inspection purposes except as may be reasonably necessary to enforce the governing documents or address specific violations after proper notice.

❓ Can the HOA tell me what color to paint my house or what I can plant in my yard?

Exterior paint colors and major landscaping changes that are visible from the street require ACC approval before being made. Routine maintenance and minor planting generally do not.

❓ Can the HOA stop me from renting my house short-term (like Airbnb)?

No. Long-term and short-term leasing is allowed as long as the property is used for single-family residential purposes and the lease states that the tenant is subject to the CC&Rs (CC&Rs Article IV.1.B).

❓ What can I do if I believe the Board or ACC is not enforcing the rules fairly?

Any owner may raise the concern at a Board meeting or annual membership meeting. The Board is required to enforce the CC&Rs fairly and consistently, using the authority granted in the governing documents.

❓ Can I overrule or appeal an ACC variance approval that I disagree with?

The CC&Rs and By-Laws do not provide a formal appeal process for ACC decisions. The Architectural Control Committee (the three officers) has the authority to grant or deny variances. Any owner may bring their disagreement to the full Board at a regularly scheduled meeting.

❓ If the Board members change, can a new Board force me (or my neighbor) to change something that was previously approved by the ACC or an earlier Board?

No. Once an improvement has received written ACC approval and has been constructed in accordance with that approval, a subsequent Board cannot require it to be changed or removed unless the improvement later violates the CC&Rs or becomes a nuisance.

❓ Can the HOA force my neighbor to remove political signs from their yard?

No. The CC&Rs only restrict signs related to business activities that are visible from public or private roads (Article IV.5). Political signs are not prohibited.

❓ Can the HOA require my neighbor to hide their company vehicle that has business logos on it?

No. The CC&Rs do not prohibit standard vehicles (including company vehicles) parked in a driveway. Only certain large vehicles, trailers, boats, campers, and trucks larger than a standard pickup must be kept out of public view when not in actual use (Article IV.13).

❓ Can the HOA ban or restrict fire pits in yards?

No. Fire pits are not addressed in the CC&Rs. As long as the use does not create a nuisance (excessive smoke, odor, or noise under Article IV.12), fire pits are permitted. Fire safety rules are governed by City of Fruitland ordinances.

❓ Can the HOA limit how many guests my neighbors have or stop them from having parties and BBQs?

No. The CC&Rs do not limit the number of guests or ban normal social gatherings such as parties or BBQs. However, if a gathering creates excessive noise, odor, or disturbance that violates the nuisance rules (Article IV.12), the Board can address that specific issue.

❓ Can the HOA make my neighbor take down their flagpole or American flag?

No. The CC&Rs do not prohibit flagpoles or flying flags.

❓ Can the HOA stop neighborhood children from playing in the street?

The CC&Rs do not address children playing in the street. This is a public safety and traffic matter handled by the City of Fruitland or law enforcement, not the HOA.

❓ What can the HOA do if my neighbor’s dog keeps pooping or peeing on my lawn?

Dog owners must comply with all city and county laws regarding pet waste. Consistent failure to clean up after a pet can be considered a nuisance (Article IV.12). Document the incidents and report them to the Board.

❓ Can the HOA limit how many people are living in my neighbor’s house or how long guests can stay?

No. The CC&Rs allow long-term and short-term leasing/renting and do not restrict the number of occupants or length of guest stays, as long as the property is used for single-family residential purposes (Article IV.1.B).

❓ My neighbor planted a tree, bush, or flower that I’m allergic to. Can the HOA make them remove it?

No. The CC&Rs do not address allergies to plants. Owners may plant on their own property (subject to normal ACC approval requirements for major visible changes).

❓ The shared fence between my property and my neighbor’s is leaning or bowing into my yard. What can the HOA do?

All boundary fences must be constructed in a substantial manner and maintained in good repair at all times (Article IV.8). The Board can require the responsible owner(s) to repair or replace a fence that is not being properly maintained.

❓ Can the HOA give me a neighborhood directory with everyone’s names, phone numbers, and email addresses?

No. The HOA does not distribute personal contact information of homeowners. Privacy and legal protections prevent the Board from sharing that information.

❓ The common area behind my house is noisy and people are BBQing there. Can the HOA restrict or limit use of the common area?

No. Common areas are intended for the shared use and enjoyment of all owners and their families (Article IV.1.C). The HOA cannot restrict legitimate use of the common areas, but the general nuisance rules still apply if noise, odor, or other disturbances become excessive (Article IV.12).