Use of Common Areas

The common areas for the Estates of Northpark (i.e., tennis court, swimming pool, greenspace areas, etc.) are for the enjoyment of the Association and its members.  In an effort to continue to protect the residents’ use and enjoyment of these facilities, the Board of Directors has prepared a new rule and regulation to prevent the use of those facilities for any commercial interests.

Estates of Northpark Homeowners Association, Inc.
Rule Regarding Non-Commercial Use of Common Areas

All Rules will be construed and enforced in accordance with Article IV, Section 1(C) and Article X, Section 2 of the Restrictive Covenants, unless otherwise specified:

The Estates of Northpark Homeowners Association, Inc. (“Association”) maintains Common Areas within the Northpark Subdivision.  Common areas include all servitudes, roads, neutral ground areas, easements, real property, appurtenances and facilities owned, acquired, or otherwise available for use by the Association for the benefit, use and enjoyment of its members.  The tennis courts and pool are Common Areas.  Consistent with the Association’s Restatement and Consolidation of Servitudes, Easements and Restrictive Covenants and Amendments (“Restrictive Covenants”), which prohibit the commercial use of lots within the Northpark Subdivision, commercial use of the Common Areas is prohibited.  This prohibition is not intended to interfere or prohibit in any manner the right of members of the Association to invite guests to use the Common Areas.

Note:   Article IV, Section 1(C) of the Restrictive Covenants provides that every member of the Association shall have the right to use the common areas subject to “the right of the Association to pass and enforce such other rules and Regulations for the use of the Common Areas, and the right of the Association to levy and enforce various sanctions against the Owners of Lots in the Subdivision for noncompliance with the restrictive covenants set forth herein or the Regulations, including, but not limited to, the right of suspension, fines and penalties, and assessments of any costs and other sanctions which the Board of Directors of the Association in its discretion deems necessary and proper.”

Article X, Sec. 2 allows Northpark to sue to enforce its covenants and to recover its attorney’s fees if it prevails.

 

Remember that the tennis court is designed for tennis and basketball play only. No skateboarding or soccer is allowed on the court or benches. Let’s continue to use the great amenities we have at Northpark and take care of them.