Current Rules and Regulations of Mount Hermon Association, Inc.

September 19th, 2015

RULES AND REGULATIONS OF

MOUNT HERMON ASSOCIATION, INC.

 

Revised and adopted by Mount Hermon Association, Inc.

September 6, 2014

 

Please read carefully and then attach to your lease or deed as these Rules and Regulations now supersede the prior existing statements and automatically become a part of your lease or deed.

 

PREAMBLE

 

Mount Hermon Association, Inc., hereinafter referred to as the Association, was founded in 1906 and began selling lots to private parties to raise funds for the Association. The deeds contained restrictions, which included adherence “to rules and regulations which are now or hereafter adopted by the Association.” The Association was re-incorporated in 1929 as a nonprofit, Interdenominational Camp and Conference Center for the whole family. The intent of the Association is to preserve the land in a Christian atmosphere and to maintain a Christian testimony by conducting Christian camps and conferences for all age groups.

 

The Association is a legally qualified, non-profit, Corporation under State laws and shall be governed by its duly elected Board of Directors, hereinafter referred to as the Board. The Board shall have the responsibility to establish such rules or regulations referenced above as may be needed to cause Mount Hermon Park, in its totality, to function in an equitable manner. Such rules and regulations shall continue to be a Lease or Deed restriction and shall run with the land.

 

Mount Hermon Association properties are used to further the Christian faith; therefore, the conduct of the other property owners, lessees and any other occupants as well as visitors of the Park shall not act to detract from such purposes. Pursuant to the Santa Cruz County Code, no loud gatherings, amplified sound, construction or noise is permitted before 8:00 a.m. or after 10:00 p.m. No intoxicating substances, e.g., alcohol, cannabis, etc., shall be consumed by residents of Mount Hermon Park or their guests upon any common areas owned and operated by the Association. Examples of common areas: fields, trails, roadways and parking lots. Additionally, all gambling in any form is likewise prohibited upon any grounds owned by the Association. Neither shall public drunkenness, illegal use of controlled substances, profanity or obscenity be permitted. This rule will be enforced under the provisions of Section 415 of the Penal Code (Disturbing the Peace) as well as all civil remedies.

 

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The Association reserves the right to refuse service to any individual, or to have any individual removed from Mount Hermon Park who creates a disturbance or who causes any breach of the peace as is defined in Section 415 of the California Penal Code, or who refuses to adhere to the Rules or Regulations set forth herein.

 

Any recreational activity that may be deemed a nuisance may be abated by notice and shall be regulated by the Board.

 

ARTICLE 1

LANDS AND PROPERTIES

 

Section A. The grounds at Mount Hermon shall be known as Mount Hermon Park, which title refers to and means any and all private property title to which may have been derived from Mount Hermon Association, a corporation, either by direct or intermediate conveyances. Within this area known as The Park, the Association may, at its discretion, enclose the Park within fences or walls and charge a gate fee for entrance therein.

 

Section B. The Association may, from time-to-time, dispose of lots at such prices and upon such terms as it shall deem proper, provided that the person or persons so taking the lots shall take the same subject to the agreements and covenants such as the Rules and Regulations referenced herein covering them and running with the land. All such deeds, conveyances, contracts and leases made by or on the part of the Association shall be executed and signed by the authorized representative of the Association. The Association reserves the right of first refusal to purchase at market value any property offered for sale within the Park. Subject right may be exercised at the Association’s option up to and including the time the property is in escrow. In such an event, any escrow costs incurred by the prospective purchaser pertaining to the transaction will be reimbursed by the Association.

 

ARTICLE 2

ROADS, TRAFFIC AND PARKING

 

Section A. All roads, lanes, alleys or rights-of-way within the Park are owned by the Association and are maintained by the Association for the access and use of the property owners and their guests and by the Association’s guests. The Association may at its discretion, deny such access if in the opinion of the Association a violation of said rules and regulations has occurred. The maximum speed limit throughout the Park is 15 miles per hour with caution to be exercised at all times. Any and all motor-driven vehicles including motorcycles, mini-bikes and scooters upon the private roads, lanes and alleys must be approved for use by the California Motor Vehicle Department. The operator shall be duly licensed and the vehicle operated under the limitations of the California Vehicle Code. Exceptions may be granted by application to the Association for unlicensed vehicles such as golf carts.

 

Section B. The right of way of roads owned by the Association generally extends beyond the actual paved surface of the roadway. A maximum of two operable vehicles per address may be properly parked in the right-of-way, in front of a resident’s property, provided they are completely off the paved roadway. Any vehicle exhibiting an expired registration, flat tire, improper parking substantial damage or otherwise inoperable condition will be deemed derelict and towed after a 72 hour notice by the Association.

 

Section C. No parking of equipment, materials, boats, trailers, recreation vehicles or campers of any kind is permitted on or adjacent to roads, right of ways or in the Association parking lots. Exceptions may be granted by the Association for service and delivery vehicles for a limited amount of time.

 

ARTICLE 3
BUILDINGS, TREES AND MAINTENANCE OF PROPERTIES

 

Section A. In order to preclude the possibility of over-development of the Park and in order to provide safety because of the use of septic systems and to assure all owners a sufficient supply of water, Santa Cruz County has adopted a county code which includes zoning and building requirements which must be followed.

 

Section B. Any construction, addition, alteration or improvement of any property in the Park shall be constructed in conformity with applicable codes. All appropriate county permits shall be obtained prior to construction. A copy of the permit application with the technical documents shall be provided to the Association. The Association may, at its discretion, request changes be made to the outside appearance, style or color scheme of structures. It would be the goal of the Association that all structures reflect the natural setting and be consistent in scale and style of other, similar construction in the Park.

 

Section C.

  1. Santa Cruz County Code and applicable zoning and building regulations restrict the outdoor storage of vehicles, personal property and materials. Approved storage structures and adequate screening from public view under said restrictions shall be required of all properties within the Park. The Association shall examine and inspect any properties which appear to be in violation of codes, regulations and ordinances and shall report the conditions to the proper authorities.

 

  1. No tents for camping or for storage of vehicles or goods or temporary structures may be erected at any time on any property. Tree houses or play structures may be erected if they are safely and aesthetically designed, and placed on the property in such a way as not to detract from the natural surroundings or cause a nuisance to the neighboring properties. Storage sheds, tree houses or play structures must be within the restrictions of the County Code, zoning and building regulations and approved by the Association prior to construction. All vehicles, materials, equipment and personal property of all kinds shall be stored in accordance with the provisions of Santa Cruz County Code, inside approved structures or in rear or side yards in a manner screened from viewing from the roads.

 

  1. All fences or walls must conform to Santa Cruz County Code and Planning Department and Building Department standards. There shall be no barbed wire used without prior approval of the Association. Said fences or walls will not be permitted along such roadways or intersections which obstruct sight lines at elevations between two and six feet above the roadways.

 

  1. Shrubs, brush, trees and other plants shall be maintained by the property owner to preserve sight visibility at intersections for all traffic.

 

  1. Due to the extreme fire hazard of our forested area which may cause loss of property and life, it is requested that a certain openness be maintained on all properties and particularly around all buildings located within the Park and that all properties shall be subject to the State Fire Code as enforced by the California State Fire Marshall, Cal Fire and the Felton Fire Protection District. As added fire protection, the Association encourages additional clearing of flammable vegetation such as Bay, Tan Oak trees, tall grasses and brush, non-native species and general cleaning of the area. The Association may inform the owner of record that such clearance of dead trees, windfalls, brush, etc., must be accomplished, and if, after a reasonable allotted time, the owner has not taken steps toward the clearing of the property, the Association, at its option, may remove the flammable vegetation including dead trees and brush, etc., and bill said owner for the total amount expended in the removal of said vegetation. If payment is not made within the stipulated time for such work accomplished, legal action may be instituted resulting in the filing of a lien against the property.

 

  1. In order to protect the area from removal of valued trees, it shall not be permitted for anyone holding ground by lease or deed from the Association to cut down or in any way to kill or destroy any tree upon such property which may be more than 12” in diameter at any point above the ground, without the written consent of the Association. Such consent may be granted only after proper application on the prescribed form has been submitted to the Association office. It shall also not be permitted for anyone to pick, cut, destroy or remove flowers, ferns, bushes, trees or shrubbery of any sort grown upon the grounds owned by the Association without the written consent of the Association.

 

  1. In cases of fallen or condemned timber upon any and all lots which have been sold or leased by the Association, the Association shall have the right to remove at the owner’s expense such trees and to use or destroy the same at its discretion, but only after proper written notification to the owner to remove said timber within a stipulated time.

 

ARTICLE 4

MAINTENANCE AND WATER FEES

 

Section A. The Association provides and maintains certain designated roads, trails and bridges throughout the Park for the use and enjoyment of the property owners. Therefore, a portion of the costs of same are to be borne by the property owners through payment annually of a Maintenance Fee, the amount of which will be established periodically by the Board of Directors. Parcels will be categorized as improved parcels or unimproved parcels. Invoices for the Maintenance Fee will be billed periodically and mailed to each property owner of record with payment due 30 days from each invoice date.

 

Section B. The Association also provides water for property owners. Initial connection fees, water system base fees, surcharge fees and water usage charges are established periodically by the Board of Directors. These fees and charges are billed periodically during the year with payment due 30 days from each invoice date.

 

Section C. Accounts with a balance past due for either the Maintenance Fee or water service may be subject to late fees, interest charges, collection costs, disconnection and reconnection fees, the filing of a lien against the property and/or the termination of water service. Billing and payment policies are determined by the Association Operations and Accounting offices. Property owners will be notified at least 60 days in advance of any changes made to billing and payment policies.

 

ARTICLE 5

ANIMALS

 

Section A. No livestock animals or poultry of any kind shall be raised, bred or kept on any lot for any commercial use. Domestic dogs, cats or other household pets may be kept as provided under the Santa Cruz County Code and such that they are not kept, bred or maintained for any commercial purpose. Dogs shall be kept confined or on a leash at all times. The Santa Cruz County Animal Control may impound any stray or abandoned animal found in the Park. Dogs and Cats must have collar ID tags indicating their owner’s contact information. No animals shall be kept in the Park that are a habitual nuisance or annoyance to persons with ordinary sensibilities. Animal owners shall immediately pick up and properly dispose of any waste created by their animal on any property in the Park owned by the Association or others in the park.

 

ARTICLE 6

REFUSE

 

Section A. All kitchen or other garbage, refuse of all sorts and offensive substances and things to be rejected must be kept in a sanitary, closed container or other suitable receptacle which shall be placed in a convenient location where contents can be removed by any rubbish disposal firm serving the Park. Residents shall comply with Santa Cruz County Code provisions regarding placement and return of receptacles within 24 hours of the disposal firm’s service. It is the goal of the Association that all receptacles be stored in a manner preventing view from the roads.

 

ARTICLE 7

SIGNS AND BUSINESS RESTRICTIONS

 

Section A. Santa Cruz County provides zoning and use restrictions on all properties within the Park. The principal use of such properties shall be residential or in furtherance of the ministry of Mount Hermon Association. Accordingly, subject to the limitations and specified exceptions provided by the Santa Cruz County Code and state and federal law, there shall be no signage, or commercial business operated on any property in the Park. Any incidental business activity shall be limited as provided by law and shall not adversely impact traffic, parking, noise, odors or cause a neighborhood disturbance.

 

Section B. There shall be no door-to-door solicitation of any kind or distribution of handbills, advertisements, announcements or other materials except by prior written agreement with the Association. Children who reside in the Park may solicit for school, church or other non-profit fund raising activities.

 

ARTICLE 8

ENFORCEMENT

 

Section A. Violation or breach of any restriction herein contained shall give to the Association or its successors and assigns and to every owner of property subject to these restrictions, the right to take such action in law or equity against the owner of the property as to which said violation or breach exists and at the expense of the owner thereof for the purpose of enforcing any other provisions of these restrictions and to enjoin or prevent any violation or attempted violation of the provisions of these restrictions and to cause said violation to be remedied or to recover damages therefor.

 

Section B. The result of every action or omission whereby any restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance. Every remedy allowed by law or equity against every such result may be exercised against said person.

 

Section C. Enforcement actions are determined by Mount Hermon Association which may assign or appoint an agent or volunteer officer to carry out enforcement actions by separate agreement.

 

Section D. Invalidation of any one or more of these Rules and Regulations by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect.

 

<Click> on the link below to view the 2014 Update

RULES AND REGULATIONS MHA 2014 09 09

Enforcement Guidelines for the Rules and Regulations

August 31st, 2015

Mount Hermon Association, Inc.

Rules and Regulations Enforcement Guidelines

Guidelines Effective August 31, 2015

 

Purpose:

 

  1. To enforce MHA rules and regulation in a consistent, objective manner in order to promote compliance for the benefit of all Mount Hermon residents and guests.

 

  1. To give Mount Hermon Residents, Community Board Members and MHA Staff, clear direction in working together toward conflict resolution and enforcement of our rules and regulations.

 

  1. To communicate clear expectations to those who are not in compliance with our rules and regulations, while doing so in a manner consistent with biblical teaching and promoting healthy community relationships.

 

Guidelines:

 

  1. Be a Good Neighbor – As a foundation encouraging positive relationships in our community, we promote “The 10 qualities of a good neighbor” which includes “They seek a win, win situation when problems arise.”(See addendum to this document or go to http://mounthermoncommunity.com.)

 

  1. Talk to your Neighbor – If a resident has concerns about an MHA rule or regulation that has possibly been violated; the concerned resident is encouraged to respectfully speak with the responsible party about their concerns in order to facilitate neighborly communications and ultimately compliance with the rule.

 

  1. Involve a Community Board Member – If the concerned resident is not satisfied with the outcome or uncomfortable having a-one-on conversation with the responsible party , the concerned resident is encouraged to speak with a Community Board Member about the issue offering another perspective. If the Community Board Member(s) is in agreement, the Board Member(s) can go together with the concerned resident to speak with the responsible party directly in an effort to resolve the issue.

 

  1. Speak with the MHA Property Manager – If the responsible party does not comply with the rule after meeting with a Community Board Member(s) and the original concerned resident, the Board Member(s) and concerned resident are encouraged to take the matter up with the Facilities and Property Manager of MHA.

 

  1. The Facilities and Property Manager or his assigns will investigate the rule violation as necessary and may contact the responsible party directly in order to resolve the issue.

 

  1. If the Facilities and Property Manager agrees that the issue warrants further action, the Facilities and Property Manager will write an official letter to the owner of the property in question, citing the rule(s) that have been violated and giving clear expectations about compliance with the rule including a deadline for compliance if appropriate.

 

  1. Further Steps – If the responsible party does not comply with the rule after steps 1-4 have been completed, the Facilities and Property Manager or his assigns may take the following further steps:

 

  1. Contact the Santa Cruz County Planning Department, if the rule is also a County Code Violation. The concerned resident is also encouraged to report this to Santa Cruz County Planning Department.
  2. Contact the Santa Cruz County Sheriff’s Office for assistance if the rule is also a violation of the law. The concerned resident is also encouraged to report this to the Santa Cruz County Sheriff’s Office.
  3. Have vehicles towed that are on MHA property and are not in compliance with the rules.
  4. Take other legal action as reasonable and necessary.

 

  1. Safety Issues – If the rule being broken is an immediate safety issue (e.g. vehicle blocking the roadway, wildland fire threat, etc.) The Facilities and Property Manager or his assigns may immediately go to step #5 of these guidelines.

 

 

Addendum:

 

Ten Qualities of a Good Neighbor –

 

  1. They practice frequent positive communication.
  2. They want to build good relationships.
  3. They are quick to lend a helping hand
  4. They look out for other’s property and possessions for possible theft or damage.
  5. They are involved and are responsive to unusual situations.
  6. They promote the well-being of the whole community
  7. They are concerned for widows, elderly and children.
  8. Parents are will to provide a safe place for neighborhood children.
  9. They obey the law
  10. They seek a win-win situation when problems arise.

 

Examples of enforcement using the steps above –

 

  1. One on One (go directly to the responsible party)
    This course of action should be the usual first step in resolving conflict. This shows that you care about the person as well as the issue. It may be tempting to call the County first and by-pass any interaction, but this will only result in unfriendly attitudes and distancing feelings.Here’s an example. Billy-Bob heard loud voices and laughter close to his house at 11:30pm, which is past the Santa Cruz County noise curfew 10:00pm-8:00am. It was bothering him. He found out the owner was Barbara-Dee a couple of houses down. She had some guests over and they lost track of time talking in the backyard. He went right away to her home to speak with her. After a friendly interaction, Barbara-Dee apologized, thanked him for letting her know, and said she would have her friends move inside.

 

  1. Including a MHC Board Member (Contact: mail@mounthermoncomminty.com)
    This course of action should come after you’ve contacted the responsible party one-on-one and did not get a satisfactory response. Email one of the current MHC Board members explaining the situation and giving your phone number. They will contact you, discuss your concerns, and brainstorm ways to find a reasonable solution. If necessary, go together with the MHC Board member to the responsible party and talk things through.Here’s an example. Anakin owned a dog and walked him often without a leash. The dog would relieve itself in neighbor’s yards and scare other dogs being walked with leashes. Many neighbors nicely asked Anakin to observe the leash rule at Mount Hermon, but he refused. Someone contacted a MHC Board member and explained the situation. Both of them met with Anakin and explained their concerns. Fortunately, Anakin didn’t realize just how insensitive to other neighbors he had been and said he would walk his dog on a leash from then on.

 

  1. Involving the MHA Facilities and Property Manager (Contact: lilley@mounthermon.org or 831-430-1203)
    This course of action usually comes after you’ve met with the responsible party one-on-one and with a MHC Board member but did not get a satisfactory response. Email or call Mark explaining the situation. He will meet with you and speak with the responsible party to try and work out a solution. [There are some circumstances when Mark should be contacted right away such as property hazards, roads/trails/bridges concerns, Mount Hermon Camp concerns, abandoned cars, etc.]Here’s an example. Skipper collected boating parts. He often left these parts in his front yard until he found a place in his garage to put them. This made his front yard look pretty unorganized and messy. A number of neighbors were concerned, but Skipper didn’t want to change. After a couple of one-on-one visits and an interaction with a MHC Board member offering to help, Skipper chose to ignore them. Mark was contacted. He called Skipper and worked out a date to have his front yard cleaned up. He followed up his call with a letter to clarify the details and agreement. Skipper cleaned everything up on time. Many neighbors complimented Skipper personally, which helped build their relationships.

 

  1. Contacting Santa Cruz County Code Enforcement (http://www.sccoplanning.com/PlanningHome/CodeCompliance.aspx)
    This course of action should be rare. Since there are three other more personal ways to encourage enforcement, this should not be the first thing you do. However, there are many rules and regulations that are simply restated from the county codes. If someone has gone through all the previous means of addressing the problem, Mark will contact the Santa Cruz County Code Enforcement or Sheriff to help bring resolve.Here’s a bad example. Marybeth wanted to make it easier to get her trash and recycle bin to the front of her house since she had a large front yard and it was quite a hassle rolling them back and forth over her pebble driveway. She spoke with Mark and received permission to build a very cute storage unit close to the front of her yard, which stored the bins. Not knowing this isn’t a building code infraction, a neighbor called the county without even speaking to Marybeth. The county inspector came out and told Marybeth it looked nice and was totally fine.

 

  1. Calling the Sheriff Deputy (Non-emergency, 471-1121, or 911 in an emergency)
    This course of action is when you feel threatened, see trespassers, have a medical emergency, etc. When you call the Sheriff, it creates a report and generates documented history that can be used later for purposes of solving crimes and understanding the bigger picture.Here’s an example. Thomas noticed that a side window of a neighbor’s home was wide open. This home was often empty until summer. He noticed footprints on the wall just under the window as if someone had climbed in. He right away called 911 and gave a report. A Sheriff came out immediately to check it out. Thomas also called Mark and a MHC Board member to let them know about the problem.

 

 

MHC Minutes of the Spring 2015 Meeting

June 11th, 2015

Click here to view MHC Minutes Spring 2015

Minutes of the Fall 2014 Community Meeting

November 3rd, 2014

MHC Minutes Fall 2014

2014 Drought Recommendations

June 11th, 2014

<Click> here for a message from Mount Hermon Association

Water Conservation letter June 2014

Minutes of the Spring 2014 Community Meeting

May 8th, 2014

Click here for the Spring 2014 Community Meeting Minutes

MHC Minutes Spring 2014

Click here to view the Roads, Bridges and Trails media presentation

RBT Presentation from Meeting Spring 2014

Minutes of the Fall Community Meeting 2013

April 17th, 2014

click here for the minutes of the Fall 2013 Meeting

Minutes for the Fall MeetingRevised2013

4th of July Notice to the Community

July 2nd, 2013

In past years on July 4th , Mount Hermon staff and people from the community have walked to the top of our Ponderosa Lodge property to view the City of Scotts Valley’s fireworks display from the area near The Cross.

We regret that this July 4th tradition will not be allowed this year, or in subsequent years.

New state camping regulations requiring us to expand our existing efforts to protect campers, have forced us to prohibit access to The Cross and surrounding areas.

Only Ponderosa staff and campers will be allowed at The Cross area on July 4th.

We appreciate your full cooperation regarding this matter, and your assistance in helping the community to understand this change, which is a result of new state mandates beyond our control or objection.

Thank you

Minutes of the Spring 2013 Community Meeting

May 28th, 2013

Click here for the Spring 2013 Community Meeting Minutes  MHC Minutes Spring 2013

Minutes of the Fall, 2012 Community Meeting

December 7th, 2012

MHC Minutes Fall 2012