There are several rules that prescribe how our community operates. These statutes are determined by state law; some are outlined in our Association documents such as the Covenants and others in the Rules and Regulations. Membership in the Association runs with the property. Meaning that each buyer of a property within our community is bound by the governing documents of the Association. Rules are needed to keep the peace and maintain high value of your assets and your home. The few rules we have are not meant to be intrusive. They are meant to be inclusive. If all comply with the rules, better neighbor relations will result. That’s a good thing, right? This approach is intended to promote community.
- Living in an Association means one must adhere to certain rules and regulations due to the necessity for architectural conformity and the demands of the governing documents, which exist for the benefit of our community and helps to maintain our property values.
- Owners have the right to petition the community to change a Covenant/Rule/Regulation if he/she feels that a particular Covenant/Rule/Regulation no longer applies or is unduly restrictive of the majority.
- If an owner is found in violation and is fined, remember this action is taken because the majority of Owners in the Association consider it to be just and proper.
- Effective Covenant/Rule/Regulations requires the cooperation of all Residents of the Association. The best approach to resolving a difference with a neighbor is to talk to your neighbor directly. However, should this not resolve the problem, an official violation complaint can be filed with the Community Manager and/or Board. Each Resident’s cooperation and participation is encouraged.
Can rules be changed? Let’s suppose you don’t like a rule. Can it be changed? Most rules are easy to accept, but occasionally you may disagree with a rule. Start by attending one of our community/board meeting to share your concern. This will open a dialog between you and our community leadership, allowing them to acknowledge and understand your perspective and interest. A detailed procedure for requesting a change to the rules can be explained in our governing documents or during a monthly meeting. The process of changing a CC&Rs different when comapred to changing a Rule & Regulation.
What are the consequences of breaking a rule? Penalties might include fines, forced compliance, or a lawsuit by the association. In addition, it may create concerns with your neighbors and emotional distress.
Covenants, Conditions & Restrictions
The CC&Rs are a legal document that lays out the guidelines for our planned community. Our CC&Rs have been recorded with the Salt Lake County Recorder’s office and they are legally binding. This means that when you purchase within our planned community, for example, you automatically become a member of the HOA. Basically, the CC&Rs are the rules of our neighborhood. They govern what you can and cannot do with respect to your home. For example, the CC&Rs may require you to adhere to specified standards of external décor or prohibit certain types of landscaping. It is also typical for the CC&Rs to regulate things such as:
- External architecture;
- TV antennas/satellite dishes;
- Garbage cans;
If you don’t abide by the CC&Rs, the HOA may impose penalties for any violations outlined within the governing documents. It is very important you read and understand these statutes and how they work.
Wingate CC&R’s – Version 3 – January 17, 2002 – Amended
Wingate CC&R’s – Version 2 – June 19, 1998 – Amended (not available at this time)
Wingate CC&R’s – Version 1 – November 11, 1995 – Inception of CC&Rs
Rules & Regulations
Our rules and regulations (“rules”) have been established to ensure the maximum enjoyment of our neighborhood by all residents, to protect the investment of an Owner and make the neighborhood, as a whole, a place where Owners take pride in the property. Rules are intended to supplement our Declaration of Conditions, Covenants, and Restrictions (“CC&R”). The contents of the Declaration of Conditions, Covenants and Restrictions are incorporated herein by reference. All Owners, Tenants, Guests and Pets are subject to Association Rules.
- Rules flow from and supplement provisions found in the CC&Rs and By-laws of the Wingate Village Town Homes Homeowners Association. Rules are not a substitute to the Declaration and Bylaws.
- To the extent that the provisions of applicable law (federal, state or local), the Declaration, By-laws or the Rules & Regulations are in conflict, the provisions of applicable law shall first control, followed by the provisions of the Declarations, the By-laws and the Rules, in that order.
- These Rules are binding on all Owners, Residents, Occupants, and Guest. The Owner is responsible for communicating our community’s governance to any occupants and guests. The provisions of these Rules can only be amended by vote of the Management Committee in an open meeting following notice to the community of a pending change and allowing for a minimum of thirty (30) days for public comment.
Rules and Regulations (effective 01/01/2014)
Exhibit A – Witness Violation Complaint Form (printable) | Online
Exhibit B – Estoppel | Notification of Sale
Exhibit C – Wingate Village Town Homes Bylaws
Exhibit “D” – Pool Rules (effective July 10, 2014)
Exhibit “E” – Parking Policy
Exhibit F – Architectural Guidelines
The clubhouse is available for use by any owner who is current on all dues and assessments. If an owner is not current on dues, use of the clubhouse will not be allowed until all dues are paid in full. Please take a moment to review our clubhouse rules here.