Frequently Asked Questions:
Covenant Issues
Q. Where can I find a copy of the Declaration of Covenants Conditions and Restrictions of Merrimac? (CC&R’s)
A. Covenants
Q. How easy is it to change the CC&R’s.
A. Not very. Which is a monumental task. 75% of the homeowners must vote favorably for an amendment to the CC&R’s
Q. What sections of the Covenants are most frequently violated?
A. Most violations and/or complaints of violations of the CC&R's are related to
Section 6: Restrictions of the use of the Real Estate and Sections 4.11 & Section 9.1.1 (both of which pertain to the architectural approval process).
As a quick reference you may view any individual portion of Section 6 by clicking on the link below:
Section 6.2 Temporary Structures
Section 6.5 Garbage Cans, Woodpiles, Etc.
Section 6.7 Subdivision of a Lot
Section 6.9 Drilling and Exploration
Section 6.10 Ditches and Swales
Section 6.12 Damaged Structures
Section 6.14 Playground Equipment
Section 6.16 Electric Bug Killers
Section 6.17 Maintenance of Lots and Improvements
Section 6.18 Maintenance of Common Areas
Section 6.19 The Owner of Any Lot shall Do The Following:
Q. If discussions with the neighbor fails or I am uncomfortable with confrontation, how do I file a complaint about covenant violations?
A. You may call Omni Management at 317-541-0000 or report a violation at the Omni HELP DESK
Q. Once I file a complaint, then what happens?
A. After confirmation of the violation, a letter will be mailed to the home Owner found to be in violation. If the home Owner does not come into compliance within the time frame allowed in the notification letter, the HOA has additional options including but not limited to possible fines or litigation. Thankfully, in most cases the situation is corrected after receipt of the first letter.
Q. My neighbor leaves their trash can(s) outside. Are they permitted to do this?
A. Trash cans may be left outside SO LONG AS they are not visible from any other portion of the real estate. Basically, this means your trash cans - if stored outside, may not be seen from your yard, your neighbors yard, your back door neighbors yard, or any street. The actual verbiage for these restrictions may be found in Section 6.5 of the CC&R’s.
Q. My neighbor’s lot or yard is unsightly and/or they are not mowing the entire yard. Is this OK?
A. Sections 6.17 of the CC&R's and 6.19 of the CC&R's both pertain to lot maintenance.
Unsightly weed growth is not permitted. Both Lot and home Owners should maintain their entire lot. In addition to action by the HOA, the City of Westfield has codes which do not permit weeds to grow in excess of 12 inches.
Q. My neighbor leaves a trailer in his yard? Can they do that?
A. No. Trailers are not permitted to be stored outside in Merrimac pursuant to Section 6.1 of the CC&R's.
Q. My neighbor(s) park their work truck(s) outside at night. Is this permitted?
A. It depends on if it is a commercial vehicle or not. If there is no promotional labeling on it, it may not be a commercial vehicle. Refer to Section 6.1 of the CC&R's for detailed information on parking restrictions in Merrimac.
Q. My neighbor or their guests park their cars, RV's or other Vehicles in the street at night. Is this permitted?
A. No. Pursuant to Section 6.1 of the CC&R's, overnight parking is NOT permitted in the streets.
Q. My neighbor has an annoying bug zapper and/or a clothesline.
Can they have these?
A. Not according to Sections 6.13 and Section 6.16 of the CC&R's.
Q. My neighbor has a yard sign advertising for a painter or roofer etc..
Are these signs permitted?
A. These and most other signs are not listed as permissible under Section 6.6 of the CC&R's. Please review this section if you wish to place a sign in your yard.
Q. My neighbor's dog(s) bark at all hours of the day. What can I do?
First it is recommended as it is with any other violation to speak to your neighbor.
They may be immune to the noise. If that does not work, report a violation of Section 6.4 of the CC&R's.
Q. I sometimes find dog poop in my yard – but I don’t have a dog! What should I do?
A. Keep an eye out for whomever is allowing their dog to leave its deposits in your yard. If you identify them, politely ask them to be courteous of you and to please pick up after their dog. Section 6.3 of the CC&R's.
Q. I see signs in the common areas for all sorts of things. Is this OK?
A. Signs for your open houses or garage sales are typically not removed as they are for a specific event and not left for long periods of time. However signs that are not for a specific event such as real estate signs advertising a home for sale should not be placed in the common areas and will typically be removed.
Q. My neighbor’s children walk through my yard. What should I do?
A. Please speak with your neighbor. This is NOT an HOA issue.
