Summary of Covenants and Rules
Notice: Covenant violations can be reported directly to the Taberna community manager via email Brooke Baughn or by calling 877-420-9320 x 1303. Please include the location and date in your message.
SUMMARY OF PROTECTIVE COVENANTS PURSUANT TO
DECLARATION OF PROTECTIVE COVENANTS
RECORDED AT DEED BOOK 1488, PAGES 565-599
AND RULES PROMULGATED THEREUNDER
The purpose of this website page is to provide residents with the Rules and Covenants affecting everyday life in Taberna. It provides information to Taberna homeowners on matters pertaining to community standards, which has the purpose of protecting the value and desirability of property within Taberna.
The Board of Directors, as the manager of the affairs of the Association, provides this document to further define and clarify the standards for use of Lots and Living Units within Taberna. It is the responsibility of each owner to ensure that tenants, household members, and guests are aware of and abide by the community standards as promulgated.
This Section is not meant to supersede or limit the Architectural Guidelines posted on this website.
Please also refer to the "Architectural Guidelines" for further guidelines on patios, terraces, decks, storage sheds, outdoor recreation equipment, pools, propane tanks, heat pumps, and air conditioning units, as well as guidelines specifically relating to Abbington Woods.
While every effort has been made in compiling this Summary of Covenants and Rules to accurately reproduce these documents, no representation is made or implied that this Summary is the legally binding language. The governing documents of Taberna remain the Restrictive Covenants, as recorded in the land records of Craven County, at Book 1488, Pages 565-599, and the official records of the Taberna Homeowners Association, Inc.
(Section 4R of Restrictive Covenants)
Each unimproved Lot shall be maintained in a sightly condition, comparable to the condition of unimproved Lots offered for sale by Declarant. In order to ensure compliance with this requirement, the Association shall have the right and authority, which is specifically acknowledged by the owner of each Lot, to go upon each Lot which is unimproved, on a frequency deemed desirable by the Association, and cause any or each of such unimproved Lots to be mowed, and trash and debris located thereon to be removed. To compensate the Association for this expense, the owner of each unimproved Lot shall pay to the Association, as Supplemental Dues, a sum equal to the actual cost to the Association causing this work to be accomplished.
(Approved by the Board of Directors at its September 8, 2007 meeting; effective January 1, 2008)
The Board of Directors, of the Taberna Homeowners Association, in accordance with the Covenants and By-Laws, has approved the following Rules. These Rules are effective on January 1, 2008.
Each Lot Owner, of an improved lot, shall be responsible for maintaining the outward appearance of their home and property in accordance with existing Community Standards, which include but are not limited to the following:
- Edging sidewalks and curbs of each home site.
- Removing grass and weeds growing between the cement and roadway in front of each home site.
- Keeping grass mowed not to exceed six inches in height.
- Removing weeds from the flower beds on a regular basis.
- Trimming bushes and trees, on your lot, that become unsightly or cause obstructions to your neighbors.
- Removal of trash, rocks and other unsightly debris from the grounds.
- Maintaining waterfalls and/or bodies of water from the accumulation of pond scum, leaves and other unsightly debris.
- Washing of the home to remove mold and grime.
- Regular exterior maintenance of the home.
Lot Owners determined to be in violation of this regulation will receive a notice from the HOA to rectify the problem within 10 days from receipt of the letter. In the event that the Lot Owner fails to comply with the demands made by the HOA pursuant to this rule the HOA may refer the matter to the HOA Adjudicatory Panel, which may issue a fine for the Lot Owner’s violation, not to exceed $100.00 per day.
(Section 4 of Protective Covenants)
There shall be established as a committee of the Association an Architectural Control Committee ("Committee"). The Committee has adopted building guidelines for utilization and evaluation of proposed landscaping and construction plans. The Committee must give prior approval to the removal of any tree of a size of six inches or more in diameter, measured one foot above normal ground elevation at the location of said tree, from any Lot and must give approval to the construction of any improvement or structure on any property subjected hereto, in accordance with the procedures described in Section 5 of these Protective Covenants, except that no approval shall be required of any Living Unit or other structure constructed by Declarant. In addition, the following restrictions shall apply:
(Approved by the Board of Directors at its Oct. 8, 2008 Meeting; effective January 1, 2009)
Taberna property homeowner shall request the removal of a tree or trees by submitting an Architectural Change Request Form to the Architectural Control Committee (ACC).
The committee shall inspect the tree(s) identified for removal. Approval shall be granted if, in the judgment of the committee, the tree(s) has obvious damage caused-by disease, infestation, wind or lightning-or if the tree(s) poses a risk to the homeowner's house, property or adjacent property.
If, in the judgment of the committee, the tree(s) is questionable for removal, the homeowner shall be requested by the ACC to provide a written assessment from a certified arborist, accredited consultant forester, or an accredited member of a tree or forester association accepted by the HOA. The assessment shall be used by the committee in making a final determination of approval or disapproval of the request.
The homeowner shall be advised in writing by the ACC of the final determination.
(Section 4(D) of Protective Covenants)
No sign shall be allowed on any Lot so as to be visible from any street right of way or any adjoining property or Amenity, except the following signs, which shall be allowed:
- one (1) sign per Lot, no greater than six square feet in size, specifying the general contractor actually constructing a Living Unit on such Lot. Such sign must be removed upon issuance of a certificate of occupancy for the Living Unit;
- one (1) sign per Lot or Living Unit identifying the property upon which such sign is placed only by the name of the owner and a street number. Such sign must be constructed at a size, and to specifications and styles, established by the Committee, and must be located in a place specified by the Committee;
- one (1) project sign for any Community or similar development site, which sign shall not exceed in size fifty (50) square feet, and which shall specify only the name of the development and developer and the name and location of the selling agent;
- one (1) sign per Lot or Living Unit no greater than six (6) square feet in size which includes only the words "For Sale", the name of the selling agent and the telephone number of said agent. Each such sign must be located a minimum of ten (10) feet from the nearest curb on the adjoining street right of way. No such sign may be installed or erected (unless stating "For Sale By Owner") until such time as the Lot or Living Unit has been listed by written agreement for sale with the agent named thereon. Such sign must be removed within two (2) business days following execution of a Purchase Contract for sale of the Lot or Living Unit listed by said agent;
- street or directional signs erected by Declarant or by the Association;
- any sign constructed by any governmental agency;
- identification and informational signs constructed by Declarant, the purpose of which is to assist Declarant in identifying the project and the location of Lots, Living Units, sales offices, Amenities, sales models or other uses within Taberna;
- temporary signs denoting a particular event such as an open house, -subject to such rules and regulations concerning the utilization of .such signs as may be adopted from time to time by the Association; and
- identification or directional signs constructed by the owner of the Taberna Golf Club, which signs must be constructed to specifications and installed in locations approved by Declarant or by the Association, but such signs and such locations as are approved by Declarant shall be allowed to the owner of the Taberna Golf Club as a matter of right, as long as such signs are maintained in a good and sightly condition.
All permitted signs, except those constructed by a governmental entity, shall be constructed of materials, in a style, of colors and in a location established and approved by the Committee.
As established on 10/20/03 and put into effect on 11/6/03, the Taberna Master Homeowner Associations "Standards for Signs" are to be adhered to by Taberna residents, contractors and realtors. The following outlines the committees and their responsibilities for enforcement of the standards.
1) The Architectural Control Committee will be responsible for the following:
General Contractors signs on new construction sites. No subcontractor signs are allowed except signs of a cautionary nature such as "wet concrete."
2) The Building and Grounds Committee will be responsible for the following:
Realtor's signs; Subcontractor signs (none allowed) on established home sites.
Any signs of a temporary nature
(Approved 10/20/03; Revised 10/6/10)
All Taberna residents, builders, contractors, and realtors are required to abide by the following standards designed to regulate the type, placement, and size of signs.
- All permitted signs shall be constructed of materials, styles, colors, and sizes as approved by the HOA. The Covenants allow for exceptions for the Taberna Golf Club, street or directional signs, and governmental entities. Specifications are available for permitted signs.
- Only one (1) sign of the following signs shall be displayed, per lot, at any given time.
- Only one (1) sign identifying the name of the owner of a lot.
- One (1) sign specifying the general contractor actually constructing a home on the lot. Such sign must be removed upon issuance of a Certificate of Occupancy for the home. Sub-contractor signs are not permitted.
- One (1) sign identifying the lot as “For Sale” either by a selling agent or by the owner. Any hanger boxes with sales information must be attached to the post. Acceptable option: One (1) sign consisting of two conforming signs placed back-to-back on the same signpost. The sign must be removed within two (2) business days following completion of the real estate purchase of the lot or home.
- One (1) sign advertising a home “For Rent” or “For Lease.” The signs must meet the same requirements as “For Sale” signs.
- The above signs must be placed a minimum of 10 feet from the curb and centered to the front of the lot.
- Temporary signs announcing or giving directions to an open house, reunion, party, etc. must be tastefully constructed and must not exceed six square feet. Temporary signs may be erected on the evening prior to the event and must be removed no later than twenty-four (24) hours after the close of the event.
- Temporary personal announcements such as a sign for the birth of a child, graduation from a school, etc., may be left up for seven (7) days, and such personal signs shall be restricted to the lot of a homeowner.
- Signs of a cautionary nature, such as “ Wet Concrete” or “Wet Paint,” may be displayed on a temporary basis and must be removed as soon as practicable.
- Small cautionary signs that indicate the presence of a security system or invisible fencing may be posted near a mailbox or at the front entryway of a home but not in the middle of the yard. The homeowner may place one (1) home security sign and one (1) invisible fencing sign on his or her property on a temporary or permanent basis. If these signs are intended to be permanent, the signs must be unobtrusive and professionally manufactured or produced.
(Approved by the Board of Directors at the October 8, 2008 meeting; effective January 1, 2009)
The ACC Guidelines are modified as follows:
3. The sign policy shall be in compliance with all North Carolina and City of New Bern laws and ordinances. Thus as of January 1, 2006 political signs are allowed on individually owned lots. The homeowner/lot owner must comply with all of the related State and City laws and ordinances.
(Approved by the Board of Directors at the December 8, 2009 Meeting; effective 01/01/10; distributed to all residents with the Invoice for 2010 Dues)
Taberna supports our troops and thanks them for their sacrifice. Therefore, the Board, pursuant to its rulemaking authority under Section 15 of the Protective Covenants, hereby authorizes a Lot Owner to temporarily display one (1) professionally made sign/banner on designated common property owned by the Association to welcome home a specific military family member who resides in Taberna and who is returning home from a deployment. Such sign/banner shall not exceed 16 square feet, shall be self supporting, and shall be removed within seven (7) days of posting. The Board of Directors has designated the grass area across from the flag pole on the right upon entering Taberna as the designated site for placing a Welcome Home sign/banner. A sign/banner as described above may also be displayed on an Owner's lot for a period not to exceed seven (7) days.
North Carolina General Statute § 47F-3-121.
American and State flags and political sign displays.
(This law, enacted by the State General Assembly in 2005, supersedes any Covenant which prohibits displaying political signs or political signs not in conformity with Signs Covenant.)
Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to:
- Regulate or prohibit the display of the flag of the United States or North Carolina, of a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended, governing the display and use of the flag of the United States unless:
- For restrictions registered prior to October 1, 2005, the restriction specifically uses the following terms:
- Flag of the United States of America;
- American flag;
- United States flag; or
- North Carolina flag.
- b. For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of the United States or North Carolina flag only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA".
This subdivision shall apply to owners of property who display the flag of the United States or North Carolina on property owned exclusively by them and does not apply to common areas, easements, rights-of-way, or other areas owned by others.
- Regulate or prohibit the indoor or outdoor display of a political sign by an association member on property owned exclusively by the member, unless:
- a. For restrictions registered prior to October 1, 2005, the restriction specifically uses the term "political signs".
- b. For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of political signs only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS".
Even when display of a political sign is permitted under this subdivision, an association (i) may prohibit the display of political signs earlier than 45 days before the day of the election and later than seven days after an election day, and (ii) may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town, or county ordinance that regulates the size and number of political signs on residential property. If the local government in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of 24 inches by 24 inches on a member's property. For the purposes of this subdivision, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot. This subdivision shall apply to owners of property who display political signs on property owned exclusively by them and does not apply to common areas, easements, rights-of-way, or other areas owned by others. (2005-422, s. 8; 2006-226, s. 15(b).)
(Section 2(A) of the Protective Covenants)
Except as more fully set out in this sub-paragraph, all Lots shall be limited to residential utilization only. There is shown on the plat of Phase I of Taberna, dated August 11, 1995 (Exhibit B attached hereto) three tracts labeled Weyerhaeuser Real Estate Company Commercial. Two of those tracts are located between US Highway 70 and the Atlantic and North Carolina Railroad right-of-way, and the third tract is more fully described on Exhibit A-l attached hereto. Non-residential usage shall be allowed on those three tracts. Nothing shall prohibit the utilization of property within Taberna for recreational purposes, with facilities appurtenant thereto.
(Section 3 of Protective Covenants)
This Protective Covenant restricts all numbered Lots subjected to its terms to use only for residential purposes.. All Living Units shall either be single-family structures, or shall be included within buildings containing no more than four (4) Living Units. No Living Unit constructed within any Community shall be utilized for commercial purposes, except that Declarant or its assigns shall be entitled to use any structure located within Taberna for purposes relating to the sale of property within Taberna. While it is not the intent of this Protective Covenant to prevent joint ownership of Lots, Living Units, or ownership by a corporation, partnership, limited liability company, or trust, it is specifically prohibited that any living Unit be utilized in the nature of a time share or use share accommodation. The Association shall have the specific authority to adopt rules prohibiting or restricting the utilization of a Living Unit by multiple families either at the same time or in alternating time frames to the extent that such utilization has a likelihood of increasing traffic within Taberna or promoting utilization of a Living Unit by more than a number of persons which can reasonably be accommodated by such Living Unit in the manner of a single family residence utilized for permanent or second home residential purposes.
POSITION STATEMENT—Home Businesses
(Adopted by the Board of Directors at the May 5, 2010 Meeting)
Increasingly, because of lengthy commutes and technological improvements, “telecommuting” or working from home has become a viable and acceptable means for earning a living. So it’s not unusual to find people working at home, and it’s not unlawful, in general, to be working from home or even conducting a business from home.
However, there are generally some limitations that will vary as to what can and can’t be done with regard to business activity in a residential neighborhood. Many courts have ruled that "residential only" restrictions do not preclude all home businesses. For the most part, the external impact of a business will be considered when evaluating whether a business violates a residential only covenant. Does the business disturb the regular noise levels or peace and quiet in the community? Does the home business involve the storage, use or sale of goods, equipment or materials not customarily found within a home or on a lot? Does a resident distribute flyers or other marketing promotions that promote the sale of products ?
If you are operating a business from home or plan on running a home-based business that will have no employees and no walk-up trade, a question may never arise about the use of your property. Problems with "residential only" covenants commonly occur with home-based businesses that deal with the public or that have non-family-member employees who work out of a home.
To gauge the external impact of home businesses in our community and to aid residents and the Board in assessing questionable cases involving business activities within Taberna, the following declaration was approved by the Board of Directors on May 5, 2010.
Whereas Article IV of the By-Laws of the Taberna Homeowners Association grants the Board of Directors the powers necessary and proper for the governance of the affairs of the Association, let it be declared that the following factors have been identified for the purpose of establishing consistency in the review of matters related to home businesses and business activity. Therefore, business activity is not allowed in Taberna that results in one or more of the following observable conditions:
- The visible storage on any Lot of equipment or supplies used in a business.
- The conspicuous display on the lot of merchandise or goods for sale.
- Distributing flyers or other marketing promotions solely for the purpose of selling a product or service from a Taberna residence.
- Traffic that disturbs the peace and quiet of the neighborhood or contributes to additional traffic or parking on the streets of our community in connection with a home business.
- Other nuisance factors, including but not limited to, employees who come to work at the home, and customers or clients who have a pattern of coming and going from the property at various times for the purpose of purchasing products.
(Section 4(H) of the Restrictive Covenants)
Fences on any Lot are subject to the complete jurisdiction of the Committee including location, style, materials and height. As used herein, fences shall include walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. Absent an extraordinary showing of need by the owner of a Lot or Living Unit, no fence shall be allowed along any property line, no fence shall be allowed in any front yard, and no fence shall be allowed in any side yard. The Committee shall only approve the construction of a fence in any location upon a determination that the fence is aesthetically pleasing; does not detract from the reasonable value of any Lot or property and does not unreasonably impede the view of any water course or other attractive feature from any other property. The Committee shall adopt guidelines concerning permissible location of fences, and the permissible styling and construction standards of allowable fences.
FENCES AND DOG RUNS
• Backyard within extended home sidelines. Not to exceed 50% of mean distance from envelope of home to rear property line. Envelope of home is any roofed over (i.e., living areas, garage or covered porch) portion of the house.
• Fences in no case may encroach upon drainage or utility easements, designated vegetative buffers or minimum building setback lines as shown on the plat.
• Fences/dog runs are not permitted on golf course lots.
• Four (4) feet for yard fencing and five (5) feet for dog runs.
Size Maximum for dog runs:
• 20 feet x 20 feet
Materials & Color:
• Wood or materials having appearance of wood. Vinyl fences are permissible. Natural wood painted or stained to blend with the dwelling.
• Shall not block desirable views or negatively impact adjacent lots.
(Section 4(I) of the Protective Covenants)
No satellite receiving dish, radio antennae or other similar device shall be allowed on any Lot, except that satellite receiving dishes, no greater in size than twenty four (24) inches in diameter, shall be allowed, but only upon approval by the [Architectural Control] Committee as to the size and location of such satellite receiving dish, and only if it is located in a way to minimize the visibility of such satellite receiving dish from any street or adjoining property (including any Amenities). The Committee may impose screening requirements by vegetation or otherwise as it deems appropriate.
(Approved by the Board of Directors; revised 10/1/04; effective May 18, 2005; revised August 4, 2010, to conform to the Federal Communications Act of 1996 and the implementing rules at 14 CFR Sec 1.4000)
12. TV RECEPTION EQUIPMENT
Satellite dishes up to one meter (39.37 inches) in diameter are permitted.
Location & Screening:
1. The Architectural Control Committee is responsible for supervising placement on each lot.
2. Dish is to be located in a way to minimize the visibility of the dish from the street, golf course or adjoining property. Wires must be as unobtrusive as possible. Ground level placement in the side or back yard is preferred. However, the dish may be located on the homeowner's property where an acceptable quality signal can be achieved. Dishes may not be placed on common property.
3. The Committee may impose screening requirements by vegetation or otherwise as it deems appropriate.
Federal Communications Act of 1996
(The Act was approved by the 104th Congress on January 3, 1996 and signed into law on February 8, 1996 by President Bill Clinton)
As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").
The rule (47 C.F.R. Section 1.4000) (http://www.fcc.gov/mb/facts/otard.html) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.
For further information on the Federal Communications Act of 1996, please visit the FCC website at: http://www.fcc.gov/telecom.html
(Section 4(J) of Protective Covenants)
No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the extent that a truck is rated as a one ton truck or larger) shall be allowed to remain on any street right-of-way or on any Lot or on any common property controlled by the Association (or any other homeowners association within Taberna) overnight unless it is enclosed within a garage that has been constructed in accordance with the provisions of these Protective Covenants, or is parked on an area owned by Declarant or the Association designated specifically for such purpose.
(Clarifying Section 4(J) of the Protective Covenants
(Approved by the Board of Directors at the October 14, 2009 Meeting; effective January 1, 2010)
7. Parking of Vehicles, Boats, Trailers, Etc.
There has been some confusion as to the meaning of certain terms contained in Section 4(J) of the Protective Covenants for Taberna, as recorded in Book 1488, Page 565 (“Protective Covenants”). No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the extent that a truck is rated as a one ton truck or larger) shall be allowed to remain on any street right-of-way or on any Lot or on any common property controlled by the Association (or any other homeowners association within Taberna) overnight unless it is enclosed within a garage that has been constructed in accordance with the provisions of these Protective Covenants, or is parked on an area owned by Declarant or the Association designated specifically for such purpose. The Board of Directors of the Taberna Homeowners Association, Inc. (“Board”) wish to resolve the confusion and implement a uniform set of guidelines by interpreting some of the terms contained in Section 4(J);
The Board hereby resolves that, for purposes of enforcing Section 4(J), the following definitions shall apply:
- The term “boat” shall include and be defined as any boat, ship, sailboat, canoe, kayak, jet ski or other watercraft designed for transport upon the water.
- The term “boat trailer” and “trailer” shall include and be defined as vehicles without motive power designed for carrying boats, property or persons wholly on their own structure and to be drawn by a motor vehicle, and including pole trailers or a pair of wheels used primarily to balance a load rather than for purposes of transportation.
- The term “camper” and “recreational vehicle” shall include All-Terrain Vehicles, House Trailers, Recreational Vehicles, Motor Homes, Travel Trailers, Fifth-wheel trailers, Camping Trailers and Truck Campers, as the same are defined and designated in North Carolina General Statutes §20-4.01 (2009).
- The term “utility vehicle” shall mean any vehicle designed and manufactured for general maintenance, security, recreational, and landscaping purposes, including, without limitation, tractors, riding lawn mowers and golf carts, but does not include vehicles designed and primarily used for transportation of persons or property on a street or highway.
The Board, in accordance with Section 15 of the Protective Covenants, does hereby promulgate the following rules concerning the parking of vehicles, other than those specified in Section 4(J) of the Protective Covenants, which covenant remains in full force and effect.
- Vehicles may be parked in a driveway, on the street, or in a garage so long as the vehicle is otherwise parked in accordance with the following:
- Owners or their agents shall park their vehicles on or adjacent to their own Lot.
- No commercial vehicles, including, but not limited to, vehicles with a one-ton or greater rating or “for hire” vehicles such as taxis, limousines or buses, shall be parked on the street or on any Lot overnight unless the vehicles are enclosed within a garage constructed in accordance with the provisions of the Protective Covenants.
- No vehicles containing exposed landscaping, construction, electrical, utility, or other commercial supplies, materials and/or equipment shall be parked on any Lot or on the street overnight unless the vehicles are enclosed within a garage constructed in accordance with the provisions of the Protective Covenants or the homeowner has ACC approval for construction at the Lot.
- No vehicle shall be parked upon any street or Lot for the primary purpose of advertising a product or service, for the promotion of an event, or for the offering of said vehicle for sale.
- No vehicle shall be parked or stored on a vacant Lot.
- No vehicle shall remain upon a driveway or street overnight unless the same is roadworthy, currently registered, licensed and operable. Any vehicle that is not roadworthy, or is unregistered, unlicensed or inoperable may be parked on a Lot overnight so long as the vehicle is enclosed within a garage constructed in accordance with the provisions of the Protective Covenants.
- No vehicle shall remain on a Lot or street at any time unless the same has all tires properly and firmly on the ground, except that a vehicle may remain on a jack, block, board or other device while the vehicle is actively undergoing minor repair/maintenance for a period that does not extend overnight. Major repair of vehicles is not allowed on a Lot or street except within a garage constructed in accordance with the provisions of the Protective Covenants.
- Parking at the common Lot leading into Todd Denson Park is restricted to Taberna residents who are using the park. In no event shall vehicles be parked overnight in the common Lot leading into Todd Denson Park.
- Lot Owners may use portable storage units for one-time moving in or out of a living unit for up to three (3) consecutive days without the permission of the Board of Directors of the Association. At no time shall a Lot owner place, or cause to be placed, a portable storage unit on any street or vacant Lot overnight.
The Board of Directors of the Taberna Homeowners Association in accordance with the Covenants and By-Laws has approved this resolution. This resolution and the attendant rules are effective January 1, 2010. Owners determined to be in violation of any of these rules will receive a notice from the Taberna Homeowners Association to rectify the violation within ten (10) days from the date of written notice. In the event that an owner fails to comply with the request made by the HOA, the HOA may refer the matter to the Adjudicatory Panel, which may issue a fine for the violation that does not exceed $100 per day.
(Section 4K of Protective Covenants)
The Association has adopted rules and regulations restricting the location of temporary or permanent clotheslines, the number of vehicles that may be parked on any Lot, the number, type and location of trash receptacles and trash receptacle enclosures, and the type and location of mailboxes. Such rules and regulations shall be fully applicable and binding on the owner of every Lot as though fully set out herein. Such rules and regulations may be amended from time to time, with notice of such amendments being given in writing to the owners of Lots prior to the effective date of such amendments.
• Trash receptacles should not be visible from the street or golf course.
• Outside storage of trash receptacles must be within a screened or enclosed area.
• Screening must comply with rules noted for propane tanks
Taberna has custom designed, and built, mail/paper boxes and post that are to be used exclusively in our community. This will be the only approved mail/paper receptacle in Taberna and must be purchased through the Taberna Homeowners Association. The assembly consists of a cast iron post with pineapple top cap, mailbox, paper box, and two sets of numbers.
Clotheslines are not permitted in Taberna.
WETLANDS: (Section 4(F) of Protective Covenants)
Notwithstanding the above, it is the board’s desire to clarify and explain the intent of the covenants. The designated wetlands adjoining or part of owners’ lots are to be protected and preserved but not necessarily expanded. Removal of wetland trees, shrubs, grasses, etc. is not permitted. However, maintenance of the perimeter of said wetlands is permitted. To maintain such perimeter, it is permissible to spray, edge or limb up the vegetation to limit the encroachment into the improved/developed portion of the lot. Any such proposed maintenance of a wetlands perimeter shall be submitted to the ACC for review utilizing the Architectural Change Request process and no work shall begin without ACC approval. Such approval shall be in writing and may be by email, regular mail or hand delivered. Any damage to the wetlands by unapproved maintenance shall be remedied at the expense of the responsible party within ten (10) days or become subject to the fines imposed by the adjudicatory panel. This position statement and interpretation of the covenants is approved by the board on November 19, 2013.