CYPRESS ISLAND HOA, INC.

Rules and Regulations

The purpose of these Rules are to provide a superior living environment, protect and preserve the property assets of Cypress Island, and minimize the applicable Association and homeowner’s costs.  These Regulations apply to permanent residents, guests, and tenants.

General

Each homeowner is responsible for the conduct of his or her family members, tenants, guests, and service personnel and all are subject to the Rules and Regulations of the Cypress Island Assoc.

Security is the responsibility of each resident.  Notify the Management Agent or one of the law enforcement agencies of any suspicious individuals or activities on the property.  (Phone numbers are located on the last page of this document.)

The Speed limit for our community is 15 MPH.  Please drive safely and watch for walkers and playing children.

All children who are under fourteen (14) years of age should be under the direct supervision of their parents or a responsible adult (18 or older).  Children under 14 must have adult supervision at the pool, club house, on the tennis or basketball court, on the golf course, or on our streets.  Also if a child under 14 is using their scooter, roller blades, or a toy motorized car, etc. they must be under direct adult supervision.

The following are not allowed on any common area or the streets of our community:  Skateboards, rip-sticks, wake-boards, non-licensed motorbikes.  Certain Adult recreational vehicles are also not allowed unless permission has been obtained in advance to be parked within our community. Examples of these types of vehicles are cabs, campers, tractor tailor trucks, and other commercial vehicles.  Please review the towing policy posted on our web site for more details.

Bus Stop is located at the parking pad on Line Dr. between Chip Shot & Trap Way.

A golf cart may only be used on our streets during daylight hours unless it has a NC State License Tag on it.

Personal items may not be left or stored on any of the common areas.  Personal items should not be left on any driveway or sidewalk unless work is being done or it is in use.  However, grills maybe be left behind your home if it is not visible from the street.

The Nature Trail is for “foot traffic” only.

Facilities

The facilities of Cypress Island HOA are for the exclusive use of residents, tenants, and houseguests.  No guest or relative of any owner or tenant other than a house guest or relative actually in residence shall be permitted to use the swimming pool, club house, tennis or basketball court, or golf course unless granted permission by an owner or resident by using their key card or fob.

Golf Course:  When using the golf course, all must sign in at the club house and their Red Facility Tag must be visible when playing on the course.  Please see golf course rules posted in the club house.  Please pay $1/per round for each guest using envelopes found at the club house.

Pool:  In view of the fact that the pool does not have life guards on duty, any individual using the swimming pool does so at his/her own risk.  Owners and the Association are not responsible for any accident or injury.  Swimming hours will be between the hours of 8 AM till 8 PM when the pool is open or dark whichever is first.  Adult only swimming hours are on Monday through Friday from 8 AM till 9 AM.  Please read and obey all rules posted at the pool and on the club house wall.  An emergency phone is located on the outside wall of the club house and a first aid kit is in the club house bath room area.

It is a county ordinance that any child under fourteen (14) years of age must be accompanied by an adult when in the pool area.

Other pool rules that may not be posted at the pool or on the club house wall:

No diving allowed.  Violators can be asked to leave the pool area and privileges of using the pool may be suspended.

Please do not climb on or over the fence and no night swimming.

All pool furniture is available on a first come, first serve basis.  Pool furniture cannot be reserved.  Please wear appropriate attire when using the pool.

Pneumatic floats or other similar paraphernalia are prohibited.  Swimming aids or “kiddy” floats are allowed in the pool.

Do not bring glass or breakable items to the pool.

No alcohol or smoking within the fenced pool area.

Chemicals must be used in the pool for health reasons.  The Association is not responsible for any reaction to clothing, hair, etc. to the chemicals used in the pool.

Please place a towel on the lounge or chair if you use Suntan lotion.

If any infraction is reported, a report will be recorded, and the person charged with the infraction will be contacted.  If this person is a guest or tenant, the owner will be contacted.  Action will be taken as detailed in the Rule Enforcement Policy that is posted on our web site.

The Tennis/Basketball Court playing area should not be mistreated and appropriate tennis shoes should be worn on the court.  Proper tennis attire is required when playing tennis and shirts must be worn when playing basketball.  No bathing attire should be worn when playing tennis or basketball.  Do not bring any glass or breakable containers on the court area.  In the event of overcrowding, limitations on times of play and sign-up procedures will be adopted and posted at the club house.  Tennis players will have priority over basketball games.  All basketball games will end at 7 PM during the months of April – September.  During the months of October – March basketball games will end at 6 PM.

The Club House, Tennis Court, Pool, Greens, and any landscaped beds should never be used as playground areas.

Two ID tags and one key card have been supplied to each unit.  If lost, please contact the management agent for replacements.  The fee to issue replacements is $25.  It is the owner’s responsibility to transfer the tags and key card or any fobs to the new owners.  If the property is rented the tags and key card/fobs must be given to the tenants.  The owners are not allowed to use the facilities if they rent out their property.

Pets

All cats must be kept indoors and not allowed to run free.

All owners are required to obey the New Hanover County pet regulations.  One of which is that all dogs must be on a leash.  See Web site for Pet Policy.

Pets are not allowed in the club house, tennis court, or pool area unless they are a registered certified service animal.

Pets may not be on the golf course unless they have been granted permission to be used with the geese patrols.

Pet owners must clean up after the pet or be fined $50/incident and there will be no warning.  Please dispose of your dog waste at the dog waste stations on Line Dr. or Trap Way                                                                                                             

Noise                                                                                                  

Loud parties and high volume from TV’s, radios, stereos, or musical instruments is prohibited – quiet time is from 11 PM till 7 AM.

The use of fireworks, explosives, firearms, or other hazardous devices is prohibited on Cypress Island Property.

Notify the Management Office of any disturbances during business hours.  After business hours, call the local Sheriff’s Office.

Trash

All units have been furnished with a trash receptacle.  If you have any problem with your receptacle, please contact the management agent.

All trash and recycle receptacles must be kept within a screened area, in an accessory building, or in the garage.  Also any propane tank must be behind a screen if visible from the street.

Please put out your trash the night before pick up and take it in as soon as you can after trash has been picked up that day.

All residents are expected to share in the responsibility of maintaining clean grounds throughout the common area.  Please do not litter and clean up any spillage immediately.  Please do not discard your cigarette butts on any of Cypress Island grounds or streets.

Hazardous Materials

All residents and home owners are responsible for seeing that flammable materials such as gas are stored in an appropriate container.  Hazardous materials such as explosives should never be brought into our community.  No fireworks are allowed to be discharged within the community.

Exterior Appearance

No one, without the approval of the ARC shall alter the exterior of a building; construct any other type of building, patio, sidewalk, or porch.  All additional landscaping beds in the front or side yards and any changes in size for existing beds require ARC approval.  All tree removals require ARC approval.  Please refer to the web site for all information about the guidelines and an application to request changes.  Failure to obey these guidelines could results in fines and other consequences being placed on the owner.

Applications for architectural changes and for Adopt-a-Bed are posted on the web site and are at the club house.

All mail boxes must be black with no decorative covering and on white mailbox posts.

Yard, garage, estate, moving sales, etc. are not allowed within the community.

Only one rental sign may be displayed in the window of the unit for rent.  No additional for rent signs may be posted in any yard or at any other location.

Political signs are limited to two (2) no larger than 24 x 24 inches.  They must be placed in a flower bed and may be displayed 45 days before an election and are to be removed by the seventh day following the election.  Please see the web site for more information.

No boat, motor boat, bicycles, scooters, baby carriages, camper, motor home, trailers, recreational vehicles, automobile on cinder block, tractor trailer trucks or cabs or similar types of vehicles to any of the foregoing items shall be permitted to remain on any lot or in any common area at any time, unless by consent of the Association.  Please go to web site and see commercial policy for more details.

No rocks may be used for mulching.  Please use regular mulch or pine straw or material that has been approved by the Architectural Committee.

Clothes lines are not permitted with the community.  Also, please do not hang clothing, linens, towels, etc. from fences or railings.

Window coverings must be installed and maintained at any unit whether they are blinds, curtains or draperies.

Parking

No vehicle belonging to an owner, member of their family, guest, tenant, or any service personnel shall be parked in such a manner as to impede or prevent access to a driveway, block or impede emergency vehicles, normal flow of traffic or the US Mail delivery.  Also any vehicle parked within the community must have displayed a legal license tag on it.  Any person related to or not related to the owner must abide by all parking regulations set forth by the Association when visiting said owner within this community.

Parking on the street is allowed for special events; however care must be taken when parking on the streets by not blocking any driveway or mailbox and parking on the grass is not allowed.

Overnight parking on the streets is prohibited.  Overnight parking spaces are around the tennis court close to Cypress Island Dr., by the pool on Chip Shot Way, and the parking area on Line Dr.  Please place a sign in the driver’s dash window side stating the date, name, address, and phone number of where they are visiting.  Any type of vehicle parked on the street after 12:01 AM or before 5 AM will be subject to towing without any warning.

If you need to park you boat at your residents for a few hours to prepare or clean it, please contact our management agent in advance.

Please see web site for other parking information.

Leases

No owner is allowed to rent or sub lease their home for any period less than 12 months.  Once an owner rents their unit, a copy of the lease must be sent to the managing agent or the owner will be subject to multiple fines.

As an owner, you shall include proper language in the lease allowing for lease termination and right of re-entry by the homeowner if the tenant is in violation of the Rules and Regulations of this community.

No property can be rented for commercial business nor can any owners conduct commercial business on their property within this community.

Damages

In the event of any damage to the general common areas or common personal property caused by an owner, guest, or tenant, including children of the preceding; the owner, will be held responsible to pay for all repairs and replacement parts.

The Management Agent will handle all repairs and will bill the owner.  If the bill is not paid within thirty days, interest charges will be applied and other penalties will be applied.  See web site for more information.

Please go to the web site to see the Rule Enforcement Policy, the fine procedures and appeals process, and other policies adopted by the Cypress Island HOA Board.

Repeated violations of the foregoing Rules and Regulations may result in the Management Agent by the authority of the Cypress Island HOA Board levying fines against any owner in accordance to the Covenants and the adopted rule and regulation, plus other legal remedies allowing our management agent to enforce any of Cypress Island Rules and Regulations.

If you receive a certified letter from the Cypress Island Management Agent, please sign for it.  Please accept the certified letter, because you are always allowed to appeal any fine.  See Web site.

Adopted April 19, 2016

RULE ENFORCEMENT POLICY:

The Rule Enforcement Policy is implemented by the Association’s Management Agent at the direction of the Board of Directors.  The Policy is subject to amendment at the discretion of the Board of Directors an any and all decision regarding the implementation and/or enforcement of this policy will be made by the board of Directors and its decision will be final.

Any and all penalties undertaken by the Association for a violation(s) shall be taken against the homeowner.  The association has no legal authorization to seek recourse for a violation(s) against a renter, a tenant, a guest, or the rental agent of the homeowner.

EVERY EFFORT WILL BE MADE BY THE MANAGEMENT AGENT TO OBTAIN COMPLIANCE WITH THESE POLICIES WITHOUT THE USE OF FINES OR LEGAL ACTION.

FIRST WARNING

Upon the discovery of the existence of a Rule Violation within the community or on the property, the Management Agent shall notify the violator, either by phone, email, or by letter.  If the violator is not an owner, the owner will also be contacted.  The owner will be asked to help with correcting the rule violation.  This contact shall be made on the first business day after the violation is reported.  If a deadline has to be given in order to have the rule violation corrected, then a letter will be sent specifying said date.

FIRST LEVEL FINE

If, following the first warning described above, the subject is observed continuing to be in violation of the same rule, the management agent will contact the owner that an official request for a fine of $20 (Twenty Dollars) will be presented to the Hearing Panel.   The owner will be notified that they may appeal the fine before said Panel.  The owner may appeal in person or send their representative to handle their appeal.  The Hearing Panel will hold it meetings on Tuesday two weeks before the regular HOA Board Meeting.

SECOND LEVEL FINE

If, following the first warning and first level fine described above, the violator(s) is/are observed to be in continuing violation of the same rule, the management agent will contact the owner by letter and submit a $50 (Fifty Dollars) fine to the Hearing Panel.

THIRD LEVEL FINE

If, following the first warning and second level fine describe above, the violator(s) is/are observed continuing to violate the same rule, the management agent will contact the owner by letter and submit a $100 (One Hundred Dollars) fine to the Hearing Panel.

SPECIAL PET FINE

If the rule to clean up after their pet is violated, a $50 fine per incident will be issued.  This fine is subject to appeal only to the HOA Board of Directors.

JUDICIAL ENFORCEMENT

Should the violator be observed in violation of the same rule following the levy of the third level fine, the management agent will notify the Board of Directors and request permission to proceed with any legal means available to enforce the Rules and Regulations as adopted by the HOA Board of Cypress Island.  The management Agent is hereby granted permission to seek the recovery of all legal fees and expenses involved in such action taken to enforce said rule.

DUE PROCESS

Once any fine has been upheld by the Hearing Panel, the Management Agent will notify the owner and suspend all privileges to Cypress Island Facilities until said fine is paid or reversed by the HOA Board of Directors.  Any owner may appeal any action or fine before the HOA Board of Directors by addressing their request in writing, to the Management Agent or the President of the Board of Directors.

THE RULES CONTAINED HEREIN DO NOT SUPERSEDE THE CYPRESS ISLAND HOA, INC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BYLAWS OR ANY OTHER LEGAL DOCUMENTS RELATING THERETO.

THE ABOVE REPLACES THE CURRENT RULE ENFORCEMENT POLICY AS ADOPTED IN 2006.

Any questions regarding the Rules and Regulations should be directed to any of the following:

Blue Atlantic Management – Agent 
5129 Oleander Dr. Ste. 101 
Wilmington, NC 28403
Telephone: 910-392-3130
Fax:  910-395-4343
Web Site: http://www.bamgt.com/

Architectural Committee Chairman – posted on Community Bulletin Board

EMERGENCY TELEPHONE NUMBERS

POLICE DEPARTMENT 911
FIRE DEPARTMENT 911
RESCUE SQUAD 911

You will be asked to provide:  1) The name of the Community – Cypress Island 2) The name of the Street where you live 3) The number of the house or town home in which you live.