Covenants

(Revised January 6, 2019)
(Omaha, Nebraska, USA) —  The Elk Creek Crossing Homeowner’s Association is committed to high standards, and ensuring ECC remains a great place to live, socialize and visit.

Over the past few years, the Board of Directors has fine-tuned the Covenants in response to neighbor feedback.ECC Covenants

Please refer to the amendments, policy and rule changes listed below that differ from the original document filed with the Douglas County Register of Deeds on January 13, 1994.

The ECC Homeowner’s Association is in active status through January 13, 2029Covenants – PDF 

Beginning January 1, 2019, the 3-member board of directors raised annual dues to a mere $60, in line or less than what neighboring subdivisions assess.

HOA Gets Proactive
The Board also implemented a new 4-step procedure for handling covenant violations. In summary, violators who ignore formal letters sent by regular and certified U.S. mail, can expect to face a $25 monthly fine, and legal costs.

The HOA board intends to go one step further by filing property liens for noncompliance. See graph below for full details.

Homeowners Bound to HOA Rules / Annual Dues

A condition of owning a property in Elk Creek Crossing requires the owner to pay annual HOA dues, and follow the rules of the legally-binding covenants, conditions, and restrictions.

The annual fees property owners are required to pay help maintain common areas and include utilities, sprinklers, property management fees, insurance, repairs, social events, and much more. The rules are designed to protect property values.

Homeowner’s Association-approved Amendments
Revised in 2016 :

  • underground pools are permitted
  • sheds allowed no larger than 6x8x8 earth toned
  • installation okay for flag poles, TV antennas
  • home-based businesses allowed w limitations
  • fences/decks should be periodically stained or painted
  • fences must be board-on-board style, not taller than 6 foot high

Pets :

  • disregard Covenant restrictions re: # of pets. Refer to City of Omaha Ordinance: 3 dogs, 5 cats and 2 mini pigs (January 2019)

HOA Steps Up Covenant Enforcement effective January 1, 2019 :

  • Annual dues increased to $60 per member inline w nearby subdivisions
  • An invoice late 90 days will be assessed a 12 percent monthly interest fee, and  interest accrues each month until account is paid in full
  • Association fees are due February 15, each year

HOA Implements 4-prong Process to Covenant Violations:

  • Uptick in Covenant violation complaints results in increased HOA enforcement tools
  • Each month the property manager will conduct exterior property checks by vehicle
Elk Creek Crossing Covenant Violation - New Rule January 2019Written by Susan Stern, ECC Communications

 

—  END — 

Maintains Subdivision Standards & Values

Updated October, 18, 2016
By Susie Stern —  (Omaha, NEBRASKA) —  Elk Creek Crossing’s Covenants, Conditions & Restrictions aka CC&R dictate how you can and cannot use your property. The HOA automatically renews on January 13, 2019, and shall auto renew for another ten years to January 13, 2029, states the Declaration of Covenants, Conditions, and Restrictions for Elk Creek Crossing, A Subdivision in Douglas County, Nebraska. The County Register of Deeds recorded this document on January 13, 1994:

Covenants Amendment Clause ECCThere is one exception to the auto renewal clause. The majority of homeowners (two-thirds), may obtain written signatures to amend the Covenants at any time, in whole, in part, or to completely terminate the conditions.

For any changes to go into effect, 284 of the 426 total number of ECC lot owners would need to approve the proposed petition language, and have an attorney file the legal documentation with the Douglas County Register of Deeds and Nebraska Secretary of State.

Elk Creek Crossing’s developer, Benchmark Homes, had enacted these restrictive Covenants to assure that ECC maintains a standard character and appearance within its boundaries. Covenants protect property values, and spell out the type of exterior style the homes must or must not be, and how homes and land may be used.

At any time, the Homeowner’s Association (HOA), consisting currently of 3-members, may choose to informally amend the Covenants by implementing a new rule or policy, as has occurred over the years.

Effective January 1, 2019 is a 4-prong process for Covenant violations.

 

ECC Covenant Amendments As of 1/2016
Despite the original document’s prohibition, the HOA allows satellite dishes and TV antennas affixed to homes. In this day and age of small home-based business, these activities are permitted. While the original Covenants allowed a homeowner to own 2 dogs or 2 cats total, these restrictions have been lifted, and residents may refer to city of Omaha law regarding pet ownership:

kitty-catyorkshire-terrierOmaha ordinances
Number of Animals Allowed: 3 dogs, 5 cats and 1 mini pig
ECC HOA Covenant Amendmentsfence-board-on-board-photo-credit-susan-stenr
Below-ground swimming pools and small-scale sheds are allowed in Elk Creek Crossing – with prior HOA board approval. The shed dimensions that are allowed are 6′ x 8′ x 8′ (height) in earth tones. As for fences – the board has clarified that fences must only be board-on-board wood, may not be taller than 6-foot high, and should be regularly maintained. Fence maintenance is defined as periodic pressure washing, staining and/or painting. Decks should be similarly kept in good condition.

Mission
The Elk Creek Crossing Homeowner’s Association (HOA) consists of volunteers who live in the neighborhood, charged with administering the rules and upholding the subdivision’s Covenants, among other tasks:

  • Work with the property management company to approve financial expenditures
  • Oversee & give approval to property owner improvement projects like a shed or pool
  • Direct a response to reported Covenant violations
  • Answer general property owner questions about Covenants
  • Spearhead neighborhood events and approve financing
  • Communicate with neighbors

Who Manages ECC Daily?
P.J. Morgan Real Estate handles the day-to-day management of Elk Creek Crossing.  This includes general accounting services, the collection of the $35 annual HOA dues, contractor services, assistance with conflict resolution between property owners, and serves as a resource liaison between the volunteer HOA Board, the quasi-volunteer communications representative and individual property owners.

Covenant Issue
First Step | Neighborly Compassion & Kindness
The HOA highly recommends the first step a resident should take to address a concern would be with neighborly compassion, kindness and consideration. Please, treat others the way you would like to be treated. When issues escalate and assistance is required, P.J. Morgan Real Estate and the HOA Board are happy to help to the best of their ability.

Covenant Issue | Where to Report
If a resident is unable to resolve an issue with a neighbor themselves pertaining to a Covenant violation, they are welcome to issue a formal complaint with either the HOA or  P.J. Morgan Real Estate. After an issue is brought to the HOA’s attention, the team discusses and implements the best form of action. Most of the time, issues are resolved with a letter to the homeowner and an offer of neighborly assistance. On occasion, when circumstances remain unresolved, the Board meets to discuss the cost of litigation and whether to pursue property liens based on the impact the infraction (s) have on the neighborhood.

“The HOA Board wants everyone to know that members do not police the neighborhood looking for Covenant violations. Instead, the Board takes a diplomatic, reactive approach. If a complaint is sent to P.J Morgan Real Estate, it is passed along to the Board. As a team, we decide what to do,” said Sam Wright, President of ECC’s HOA.

As a last resort, you may communicate a Covenant concern directly to P.J. Morgan Real Estate’s Hannah Porto.

Elk Creek Crossing Contact
[P J. Morgan] Property Manager – Elizabeth Otto – Email  – Web Site
Office: 402-430-7072 – M-F, 8-5
Fax: 402-397-6065

P.J. Morgan Real Estate
7801 Wakeley Plaza
Omaha, NE 68114

Homeowner’s Association
President – Brenda Jennings
Secretary – Ann Smith
HOA/Resident Communications – Susan “Susie” Stern
Updated June 2018


About Elk Creek Crossing Omaha
Elk Creek Crossing boasts 426 single family homes, all located within the city of Omaha, in Douglas County, Nebraska USA. The City of Omaha annexed Elk Creek Crossing on August 15, 2007, terminating the existence of the Sanitation Improvement District (SID).  Following annexation, the City has assumed most SID responsibilities, like park maintenance and trash removal.

ECC CovenantsRead the Covenants.
Renew automatically on January 13, 2019 – January 13, 2029
Amendments allowed:

underground pool, shed no larger than 5X8X8
Also permitted: flag poles, TV antennas, home-based business

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