Guidelines

To The Residents of Harvey Oaks

The subdivision of Harvey Oaks was controlled by a set of Restrictive Covenants, which generally had the effect of controlling building-related activities to maintain continuity within the community. The principal benefit of the Covenants was to protect the value of YOUR property. The Harvey Oaks Homeowners Association was legally empowered with over seeing the administration, upkeep, and enforcement of those Covenants.
The covenants have now expired. Of course, since the Harvey Oaks subdivision is a part of the city of Omaha, we are subject to the laws and restrictions of the city of Omaha. The Board approved the former covenants as guidelines, which they are asking homeowners to abide by to help maintain the excellent property values in Harvey Oaks.
Following this letter is an explanation of each of the sixteen Guidelines (formerly covenants), and HOHA’s interpretations of them in practical terms. Also there is information on seeking approval, and the procedures that HOHA will take to enforce the Guidelines when violations appear to occur.
Please take a few minutes to review this information. It is not HOHA’s intent to restrict your freedoms as a property owner. Rather, it is our intent to maintain the relative value of our collective properties by ensuring that activities undertaken do not produce undesirable results. The resale value of your house is dependent in part upon the general appearance of the neighborhood, and hence HOHA’s concern.
Thank you for your cooperation.
Derek Menke,
President HOHA
 
 

Procedures

Requesting Approval of Property Improvement Plans
  1. Make your plans using the attached as guidelines. Your plans should include specifications, design, plot plan, and plot grading plan (if applicable) – name, address, and phone number.
  1. Submit your complete plans to your HOHA AREA REPRESENTATIVE as soon as possible. If he/she is not available, take your plans to any member of the Guidelines Committee.
  1. The Area Representative or Guidelines Committee member will accept, sign, and date your plans when received, and he/she will take them to the Guidelines Committee.
  1. The Guidelines Committee shall review the plans and site and shall recommend appropriate disposition at the next meeting of the HOHA BOARD of DIRECTORS.
  1. The Board of Directors shall review the plans and decide on approval or disapproval.
  1. The PRESIDENT OF HOHA shall thereafter advise the lot owner in writing of the Board’s approval or disapproval within 30 days of receipt of the request.
  1. If such plans are not submitted prior to construction, the lot owner risks being in violation of the Guidelines. The purpose of prior review is to continually assure that the standards and, therefore, the property values in Harvey Oaks are maintained.
 
NOTE: Remember to obtain CITY OF OMAHA BUILDING PERMITS in addition to HOHA approval.
Enforce the Harvey Oaks Guidelines
  1. Upon referral, the Guidelines committee shall investigate any possible violation and shall present the matter to the Harvey Oaks Homeowners Association Board of Directors.
  1. If it is the decision of the Board of Directors that a violation of a Guideline has occurred, the lot owner shall be notified to remove or abate the object or problem in violation.
 

Summary of Harvey Oaks Guidelines / Enforcement Policies / Construction Standards

A-1. No building shall be created, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two stores in height, nor containing finished living areas, exclusive of porches, breezeways, carports, and garages of less than: 1,200 square feet on the ground floor for a one-story house, unless it has a basement garage, in which case 1,300 square feet shall be required on the ground floor; 1,200 square feet on the ground floor for a one and one-half story house; 1,800 square feet above basement level for a two-story house; 1,500 square feet of living area above ground for a bi-level; tri-level, or a split-level house; and 1,300 square feet of main floor living area for a split-entry house; not less than 1,000 square feet in the case of a two-story structure, nor having a garage for less than two automobiles. No modular, manufactured or mobile homes are permitted.
A-2. No lot shall be used except for residential purposes
A-3. 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.
A-4. No structure of a temporary character, trailer, basement, tent, shack, barn or other outbuilding shall be erected upon, or used, on any lot at any time as a residence, either temporarily or permanently. NOTE: One-night camp-outs in backyards and weekend visitors staying in motor homes are not considered in violation of this guideline.
A-5. Dwellings shall not be moved from outside of Harvey Oaks to any lot.
A-6. No unused building material, junk or rubbish shall be left exposed on any lot except during actual building operations. No repair of automobiles will be permitted outside of garages, or on any lot at any time. NOTE: Minor repairs on automobiles are not considered violations of this restriction.
A-7. No boat, camping trailer, auto-drawn trailer of any kind, mobile home, truck, jeep, motorcycle, vehicle undergoing repair, van or similar chattel shall be stored outside the garage or in any manner left exposed on any lot for more than fourteen (14) days within a calendar year. No motor vehicle may be parked or stored outside on any lot, except for vehicles driven on a regular basis by the occupants of the dwellings located on such lot.
A-8. Except for the purpose of controlling erosion on vacant lots, no field crops shall be grown upon any lot at any time. NOTE: This restriction does not include garden plots on one’s own property.
A-9. No incinerator or trash burner shall be permitted on any lot unless the same is incorporated into the dwelling and not exposed to view from the outside of the dwelling. No garbage or trash can or container or fuel tank shall be permitted to remain outside of any dwelling unless completely screened from view from every street and from all other lots in the subdivision. No garden, lawn or maintenance equipment of any kind whatsoever shall be stored or permitted to remain outside of any dwelling except when in actual use unless completely screened from view from every street and from all other lots in the subdivision. No clothes line shall be permitted outside of any dwelling at any time except one umbrella-type clothes line per lot. Any exterior air conditioning condenser unit shall be placed in the rear or side yard. NOTE: Residents are reminded that setting trash bags or containers at the curb more than overnight is a violation of this guideline.
A-10. No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets maintained within the dwelling may be kept, provided they are not kept, bred or maintained for any commercial purpose. It is intended specifically to prohibit horses, ponies or other animals sheltered outside the main dwelling except for the single dog house permitted in A-11
A-11. No stable or other shelter for any animal, livestock, fowl or poultry shall be erected, altered, placed or permitted to remain on any lot except that a dog house shall be permitted provided the construction plans and specifications and the location of the proposed structure have been first approved in writing by HOHA.
A-12. No sign, billboard or other structure for advertising or the display of advertising material of any kind shall be erected, altered, placed or permitted to remain on any lot except that real estate for-sale or for-rent signs shall be permitted temporarily in the yards of dwelling which are being offered for sale or rent. NOTE: signs of a temporary nature (i.e. garage sales, political signs, etc.) are not considered a violation of this guideline.
A-13. Exposed portions of the foundation on the front of each dwelling are to be covered with either siding or brick and exposed portions of the foundation on the sides and rear of each dwelling shall be either covered with brick or siding or shall be painted.
A-14. A dwelling on which construction or improvements has begun must be completed within the one (1) year from the start of said construction.
A-15. Public sidewalks shall be constructed of concrete four feet wide by four inches thick in front of each built-upon lot and along the street side of each built-upon corner lot. The sidewalks shall be placed five feet back of the street curb line and shall be constructed by the then owner of the lot prior to time of completion of the main structure and before occupancy or use thereof; provided, however, this provision shall be varied to the extent required to comply with any subsequent requirements of the City of Omaha.
A-16. No building, fence, wall, driveway, patio, patio enclosure, rock garden, swimming pool, dog house, tree house, television antenna, radio antenna, flag pole or other external improvement above or below the surface of the ground shall be erected, placed, altered, or permitted to remain on any building plot, nor shall any grading, excavation or tree removal commenced, until the construction plans and specifications, a site grading plan and a plot plan showing the location of the structure or improvement have been approved by HOHA. In enforcing this guideline, HOHA has determined in general,
That the following should be PROHIBITED: tree houses; external: roof-top, tower, unattached buildings, sheds; carports; front-yard fences, except split rail decorative.
That plans and specifications for ANY OTHER PROPOSED STRUCTURE OR IMPROVEMENT must be submitted to HOHA for review/approval/disapproval—including but not limited to the following:
driveways, fences, dog houses, swimming pools, patio enclosures & covers, flag poles, additions to houses, solar energy systems, retaining walls, satellite antennas/dish.
The “Master Plan” for Harvey Oaks shall include the following construction STANDARDS published as guidelines for the lot owner desiring to make improvements or additions to their property, and for the Harvey Oaks Homeowners Association (HOHA) Board of Directors to use in review of plans submitted to them for approval.
 

Standards For:

Back and Side-Yard Fences
  1. Materials must be substantial and lasting
  1. Must be constructed of materials commonly used to enclose residential lots in this subdivision or other similar residential areas. Fences that would generally meet this criteria include the following: split rail, cyclone or chain link, PVC vinyl, stockade logs, cedar, redwood or other quality wood.
  1. Must be constructed and maintained in a good and workman-like manner.
  1. Posts and cement footings must be entirely contained within ones own property. If there is uncertainty, the fence-building property owner is responsible for surveying their property. HOHA’S approval assumes that this courtesy and important detail is going to be diligently ascertained. Lot owners are encouraged to use treated posts to maximize fence life.
  1. Only a split-rail fence may extend beyond the front building line of your home.
  1. A City of Omaha building permit is required, and City Code forbids fences higher than 6 feet.
Dog Houses and/or Runs
  1. Please refer to section A-11 for specifics on a dog house.
  1. Materials used should be coordinated with your house, an existing fence, or proposed fence, and such.
  1. Should be located in the back yard of your lot, and not placed in proximity to your neighbor’s outdoor living area.
Additions to Houses and Patio Enclosures or Covers
Must be designed and constructed of materials compatible with the existing house.
Retaining Walls
  1. Must not be exposed cement blocks or poured concrete.
  1. Approved materials include: flag stone, rocks, railroad ties, logs bricks, interlocking pavers, brick pavers and wall systems.
Solar Energy Systems
  1. Materials must be substantial and lasting.
  1. Must be constructed and maintained in a good and workmanlike manner.
  1. Appropriate building permits, including plumbing & heating, if appropriate, are required by the City of Omaha.
  1. Solar collectors must be completely attached to the house. Collectors mounted on the roof must be dormered in to conform with the roof line as much as possible. Every effort should be made to keep the collectors below the peak of the roof section they are attached to.
  1. Solar storage systems must be inside of the house.
  1. Solar Rating Certification Corporation (SRCC) approval of the solar system is required.
  1. Solar installations on the front of the house must be roof mounted.
Backyard Children’s Play Structures
  1. Must be constructed of materials compatible with the existing house, substantial, lasting and maintained in a good and workman-like manner.
  1. A City of Omaha building permit is normally required. The city has building codes regarding set backs requirements, safety (handrails, guardrails, stairways), materials used, etc., that may apply depending on the type of structure being constructed.
  1. The structure shall be open and not be used as a storage area.
  1. Must be located in the backyard and not placed in immediate proximity to neighbor’s outdoor living area.
  1. The height and size of the structure must be reasonable considering the size of the backyard, lay of the land and impact on adjoining property owner’s privacy and/or view.
  1. The homeowner should discuss the proposed plan (structure and location) with immediate neighbors prior to submitting it for review.
 
Satellite Antenna/Dish
  1. A Satellite antenna/dish up to twenty-four (24) inches in diameter is allowed. Only one exterior antenna is allowed per lot.
  1. Installations on the front of the house must be roof mounted.
  1. Every effort should be made to keep roof-mounted installations below the peak of the roof section they are attached to.
  1. Pole mounted installations are not allowed in the front yard.
  1. Pole mounted installations must be located in the backyard and not placed in immediate proximity to neighbors outdoor living area.
  1. The height and size of the pole installation must be reasonable considering the size of the backyard, lay of the land and impact on adjoining property owners’ privacy and/or view.
  1. The homeowners should discuss the proposed location with immediate neighbors prior to submitting it for review.
 

Bylaws Update

April 11, 2013: This is the notice to communicate that the proposed HOHA Bylaws created by a special committee are finalized and were voted ‘Approved’ at the  HOHA general meeting, Thursday, April 11, 2013. They are now in effect and posted  below.
 

Harvey Oaks Homeowners Association Bylaws

Article I - Name
The name of the organization shall be the HARVEY OAKS HOMEOWNERS ASSOCIATION, also known as HOHA and hereafter referenced in these Bylaws as ‘Association’.
Article II - Objectives
The objectives of this organization:
  1. To advance the welfare of the homeowners in all matters of mutual interest to the community.
  1. To represent members of the Association publicly in matters of common concern.
  1. To encourage the adherence to the Property Guidelines, located in the annual neighborhood directory and neighborhood website, applicable to Harvey Oaks subdivision, Omaha, Douglas County, Nebraska;.
  1. To foster an environment in the subdivision that will be conducive to maintaining and improving the property values.
Article III - Membership, Dues & Voting
Any resident or owner of property in Harvey Oaks subdivision shall be eligible for membership upon paying the required dues, which will make them a ‘member in good standing.
  1. Dues shall be established annually by a majority of the Board present at the July meeting. Annual membership year is defined as January 1-December 31. Annual dues shall be paid by January 1st of each year. Notice of dues shall be given to all residents by the Membership committee at least 60 days before the due date.
  1. Each property shall be entitled to cast one vote for each elective office and on each question or motion at a General or Special meeting. Members must be present to vote. In the case that the Homeowner and the rental occupant are both members in good standing and are present at a general or special membership meeting, only the Homeowner casts the vote. No absentee ballots shall be accepted.
Article IV - Membership Meeting
Section 1: General Membership Meetings
There shall be at least one (1) general membership meeting per month with the exception of the month of December, in which there will be no meeting. Notification shall be given by one or more of these methods apt to reach a majority of the members: mail, electronic mail, posted notices, telephone calls, or any other appropriate means of communication. Notification shall require one (1) week advance notice to all active members.
Section 2: Special Membership Meetings
Special membership meetings shall be called by the President as deemed necessary.  Notification shall require 14 days advance notice to all members in good standing. Notification shall be given by one or more of these methods apt to reach a majority of the members: mail, electronic mail, posted notices, telephone calls, or any other appropriate means of communication. 
Section 3: Agenda
The President shall prepare the agenda for general and special membership meetings. Any person may add an item to the agenda by (a) submitting the item in writing to the President at least seven (7) days in advance of the meeting or (b) making a motion at the meeting to add an item to the general or special agendas at those respective meetings. Adoption of that motion requires a second and majority vote.
Section 4: Quorum
A quorum for any general or special membership meeting of the Association shall be the number of members in attendance with a minimum of at least seven (7). Unless otherwise specified in these Bylaws, decisions of the Association shall be made by a majority vote of those members present at any meeting.
Section 5: Participation
Any general or special membership committee meeting is open to any person and all who may wish to be heard regarding any item on the agenda. Only members in good standing will be eligible to vote. All actions or recommendations of the general or special membership meetings shall be communicated to all affected parties.
Article V - Organization
The affairs of the Association shall be managed by the Board, which will consist of a President, Vice President, Treasurer, Secretary; and appointed Area Representatives and Committee chairpersons.    .
The Board shall be responsible for all business coming before the Association and for assuring that members are informed of business that affects them through reasonable means of notification, acting in the best interest of the neighborhood.
Section 1: Board Officers
  1. President: The President shall preside at all general and special membership meetings and shall perform such duties as the Board and the membership from time to time authorizes. The President has the authority to sign contracts or legal documents approved by the Board. The President shall represent the position of the Board and the interests of the Association. The President shall have the power to appoint committees as necessary.
  1. Vice President: The Vice President shall perform the duties of the President in the President’s absence and as authorized by the Bylaws. The Vice President shall have the authority to periodically audit the Treasurer’s books.
  1. Treasurer: The Treasurer shall have charge of all funds belonging to the Association and shall receive, deposit and disburse funds for the Association in a bank(s) or financial institution(s) in such manner as designated by the Board. The Treasurer will prepare and present a preliminary budget for the next fiscal year at the September general membership meeting; fiscal year begins October 1. The Treasurer shall make financial reports as directed by the Board. All money disbursements are to be made by check or electronic funds transfer (EFT). The Treasurer presents the financial statement during each General Membership meeting.
  1. Secretary: The Secretary shall record and maintain minutes of general and special membership meetings, assist the President with correspondence and maintain the non-financial files of the Association. The Secretary will maintain a list of Board members and their terms.
Section 2: Board Members
  1. Area Representatives: There shall be one appointed Representative for each area of the subdivision as designated by the Board. It shall be the responsibility of Representatives to represent their constituents at general and special membership meetings, to inform their constituents of important matters, and perform responsibilities as designated by the Board.
  1. Committee Chairpersons and Members: There may be standing and special committees as designated by the Board and established by the President. The President may appoint any members in good standing to serve on committees and designate a Chair as required from time to time. The authority and responsibilities of the committee shall be proposed by the President, and approved by the Board. The committee shall report at each general membership meeting and at other such times as required by the Board.
Section 3: Eligibility for Board Service
All members of the Board shall be members in good standing of the Association.
Section 4: Terms of Office
Board members shall serve a two (2) year term, with no limitations on future terms.
Section 5: Board Officer and Member Vacancies
Any Officer or Member may be removed from office as a result of failure to fulfill the duties of said office or for conduct detrimental to the best interests of the Association. Notice of the proposed removal of an Officer or Representative shall be given to all members of the Board at least 14 days in advance of the removal vote.  Members of the Board may be removed by a two-thirds vote of the Board. The President, with Board approval, may fill any vacancy on the Board. A member appointed to fill a vacancy shall serve the remainder of the unexpired term and until his or her successor is elected or appointed.
Section 6: Election of Board Officers
Officers (President, Vice President, Secretary and Treasurer) shall be elected by a vote of the membership at the October meeting of the year that their term expires. The names of all candidates for the officers shall be placed in nomination by a nominating committee or by any member in good standing of the Association. Election requires a majority vote of the membership present.
Section 7: Duties
The Board shall have these responsibilities and powers:
  1. Manage the daily affairs of the Association.
  1. Make decisions and represent the interests of the Association on all matters for which it is impractical to present to the membership in advance. All such actions shall be reported to the membership at the next meeting.
  1. Approve committee appointments made by the President to perform the necessary functions and represent the Association on specified topics.
  1. Establish a plan for maintaining and encouraging involvement in the Association.
  1. The Board shall have full power to transact the ordinary and necessary business of the Association, which may arise and require action at any time.
  1. The Board shall not have the power to make any transactions, which may require assessment of the membership, other than annual dues.
Article VI - Parliamentary Authority
All matters of parliamentary procedure not specifically provided for herein shall be conducted in accordance with Robert’s Rules of Order Newly Revised.
Article VII - Amendment of Bylaws
  1. These Bylaws may be amended at any General Membership meeting by two-thirds vote of the Board members present, provided all Board members have been notified in writing of the proposed changes at least 14 days in advance.
  1. The amended Bylaws shall take effect immediately upon approval.
  1. Bylaws shall be reviewed by a special committee appointed by the President every three (3) years.
  1. Amended Bylaws will be announced in the neighborhood’s newsletter, website and electronic mail.
 
Revised:
April 11, 2013
Previous Revision: See May, 2000 By-Laws