Please note that payments are due no later than the 16th of the month, or a 10% late fee will be assessed. Under the HOA’s Collection Policy, the only means to obtain a waiver of the late fee is to do the following before the end of the month in which the payment is due:
Pay the outstanding assessment before the end of the month in which it is due
Sign up for the Automated Payment Plan
Auto Payment Form Note: Payment history is not an accepted basis for a late fee waiver. Currently two-thirds of our accounts are using the automated payment program.
- If you want to change your windows, please review and complete the following form.
- Window Replacement Form
- Window Replacement Standards
- If you are doing more than simply replacing the window (e.g., installing a bay window or altering the size/shape of the window), you will need to submit drawings indicating the location of the proposed changes, as well as a description of the color & materials to be used for the project. The Board will review the proposal to ensure that the proposed changes are consistent with the architecture of our residences.
Each resident owner has been assigned two (2) keys for access to the tennis courts, swimming pool and the clubhouse bathrooms. The keys will not open any other locks including doors to the clubhouse. Each key has been stamped with the respective units construction sequence number (1-79). New owners should request both keys from sellers. Renters need to have owners make requests on their behalf. New replacement keys will be issued at a cost of $50 per key*(maximum of two (2) keys per household) from the association by sending a written request to 300 Indian Way, Novato, CA 94949. Each request must be accompanied by a check made payable to the Ignacio Creek Homeowners Association. *Please note: a $25 cancellation fee will be charged if the order is cancelled after a key has already been prepared.
- Ignacio Creek is a “planned development,” a type of common interest development in which owners own their own Lots and the structures on them. The Association owns the “common areas” of the development. The respective rights and obligations of the owners and the Association are defined by the recorded Declaration of Covenants, Conditions and Restrictions (“CC&Rs”).
- Under the CC&Rs (Article VII, Section 1), the Association has certain, limited, obligations to paint, repair, replace and care for certain exterior elements of each owner’s separate Lot, as follows:
- gutters, downspouts
- exterior building surfaces
- trees, shrubs, grass walks, and other exterior improvements (excluding landscaping on private decks and patio surfaces)
- Each Lot owner has the obligation to maintain, repair and replace all other elements and structures on his or her Lot.
- The Association has historically interpreted “exterior building surfaces” to include the siding on residences. It has, however, excluded from that definition, among other things, doors, including garage doors, and door and window frames. While the Association is required to exercise reasonable care in the performance of its maintenance obligations, it is not the guarantor of water-tightness of siding or roofs.
- Under the CC&Rs, the Association’s responsibility extends to the repair or, if necessary, replacement of siding which is necessitated by wood-destroying pests or organisms. However, if an owner has neglected to prevent or to remedy the presence of such organisms in the structure, and that neglect has resulted in their presence in the siding, the Association has the right under the CC&Rs (Article VII, Section 2) to recover the cost of the work and to levy an assessment for that cost against the Lot involved.
Skylight installation and maintenance is the homeowner’s responsibility. Note: If your home has its original skylight, it is now over 40 years old and should be inspected. It may need to be repaired or replaced to avoid damage to your unit. You can upgrade your skylight to an energy efficient double pane style or one that opens for better ventilation if you wish. (Velux offers a variety of styles) Please make sure that your contractor obtains any required permits from the City of Novato. HOA approval is required for any new installation. Please submit a copy of the building permit application before proceeding with your installation.
Garage doors are not the Associations responsibility. Each homeowner is responsible for the repair and or replacement of garage door.
The model approved by our HOA to ensure architectural conformity is the Thermowayne #9600 flush Contemporary steel door (without windows). The door can be purchased in white; homeowners are responsible for having their doors painted in approved colors soon after installation. (Association can provide the paint.) Similar doors can still be purchased locally; one vendor is Northgate Garage Door (415-472-6004).
If you are considering purchase of a new garage door, please first contact the ICHOA board to obtain the necessary approval. The board will need the exact make, model and specifications of the door you plan to purchase. Do not proceed without first obtaining board approval.
Please consider the following when planning a hot tub installation:
- The hot tub must be installed on the Owner’s lot (it may not be installed in the common area adjacent to the owner’s property – which is an accomodation we have made for Air Conditioning units);
- A permit from the City of Novato is required – see the following link for more information: City of Novato Permits
- Special fencing or barriers may be required under the terms of the permit
- Prior to commencement of any hot tub installation activities, the Lot Owner shall apply to the Board for approval. The application shall include drawings of the hot tub installation showing the proposed location, wiring diagram and any other matters requested by the Board. It shall also contain copies of applicable permits or applications for permits if the permits have not been obtained at that time.
- The Board may request additional information and, once the Board has acknowledged receipt of all requested information necessary to review the application, the Board shall thereafter approve or deny the application at the next scheduled Meeting of the Board of Directors. If the Board does not act upon the application at that meeting, the application will be deemed approved. No work on the installation is permitted until Board approval has been obtained by the Lot Owner.
Ignacio Creek HOA is a Planned Unit Development, not a condominium. Per Mortgagee Letter 2003-02 issued on January 22, 2003, HUD (U.S. Department of Housing and Urban Development) no longer approves PUD Projects.
Yes. The attached lists were developed based on the original design of Lester Hawkins, an award-winning landscape architect who contributed to the early layout of the common area landscaping for Ignacio Creek. The original list was updated in February 1999.
While that there is no single document that specifically describes Ignacio Creek HOA as a “planned unit development (PUD)”, that is really not determinative. Lenders who rely on the HUD standards for FHA loans apply the following definition for a PUD:
9-0 PLANNED UNIT DEVELOPMENT (PUD) A PUD is defined as a mixed-use residential development of single-family dwellings in conjunction with rental, condominium, cooperative or town house properties. A residential development should be processed as a PUD if it has these minimum characteristics:
• a homeowner association that holds either title in fee or a lease of prescribed length on the common area
• mandatory membership of all unit owners (or units) in the association
• the right of all unit owners to participate by vote in the operation of the association
• lien supported assessment of the members to meet the association’s budgeted operating costs (special assessments may be handled differently)
Ignacio Creek HOA meets all of the above characteristics.
In contrast, HUD defines a condominium as follows:
9-1 CONDOMINIUMS A condominium is a form of fee ownership or long-term leasehold of separate units or portions of multiunit buildings that provides for formal filing and recording of a divided interest in real property. In contrast to a PUD, a joint share in ownership of the common area is part of the mortgaged property, and therefore, constitutes a measure of the security backing the mortgage loan. FHA’s interest is therefore more immediate and direct with respect to the common areas of condominiums than those of PUDS.
Typically, a lender or appraiser will contact the HOA directly to confirm the character of the property/HOA, rather than rely on documentation provided by the Lot Owner. Essentially, the HOA certifies to the lender (on their approved form) that we are a PUD for lending/risk purposes.
See the following link to a map of the property with the locations of the six accessible green waste containers on the ICHOA grounds. Location map of Green Waste Recycle Bins
Please note that the following items are NOT permitted in the Green Bins:
• Aluminum foil or trays
• Bio-bags and other plastics labeled as “compostable or biodegradable”
• Ceramic dishware or glassware
• Clothing and linens
• Cooking oil
• Dirt, rocks or stone
• Flower pots or trays
• Foil-backed or plastic-backed paper
• Glass, metal or plastic
• Juice or soy milk boxes
• Kitty litter or animal feces
• Liquids or ice
• Plywood, pressboard, painted or stained wood
• Waxed paper, milk cartons or take-out boxes
DO NOT CONTACT THE HOA INSURANCE AGENT DIRECTLY. CLAIMS MUST BE REPORTED TO THE HOA WITHIN 45 DAYS OF THE DATE OF LOSS USING THE FORM PROVIDED BELOW.
If you have a potential insurance claim, it is important that you act promptly to see that the cause of the damage is fixed as quickly as possible. Report suspected exterior damage (e.g., leaking roof) to the HOA, so our contractor can quickly effect any necessary repairs to prevent further damage to the interior.
Absent extenuating circumstances, owners are responsible for interior repairs. If you have experienced such damages:
- Promptly obtain an estimate to determine whether your damages exceed the current $5,000 deductible
- If so, please document your claim on the HOA’s Insurance Claim Loss Report Form and turn it into the HOA office within 45 days of the date of your loss.
- If the damages are less than $5,000, you are responsible for this amount under the HOA Policy Regarding Insured Small Losses. In that event, you may pursue a claim with your personal homeowner’s insurance carrier.
Article V of the Ignacio Creek HOA CC&R’s provides:
Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept in any Unit or in the Common Area, except that dogs under twenty-five (25) pounds in weight only or other household pets, such as cats, birds or fish, may be kept in the Units subject to rules and regulations adopted by the Board. The Board may order the immediate removal of any pet which causes excessive noise, in the Board’s sole discretion, or otherwise creates a nuisance. The Board may limit the number of pets in any Residence Lot.
Nevertheless, under federal and state fair housing laws, HOAs are required to make reasonable accommodations for residents who require a service, companion or therapy animal (typically a dog).
- Service dogs – are individually trained to perform tasks for a person with a physical disability, such as guiding a person who is blind, alerting a person who is deaf, pulling wheelchairs, providing stability while a person is walking, or alerting and protecting a person who is having a seizure. Service dogs are generally thought of as working dogs, not pets.
- Companion dogs – provide emotional support to a person with a psychiatric disability, such as depression or posttraumatic stress disorder. As with service dogs, companion dogs are generally thought of as being assistive aids and not pets. No certification or training is required to be a companion dog.
- Therapy dogs – are owned by a therapist who uses the dog as a component of therapy for a person with a disability. In the community association context, a therapy dog would typically be brought into a residence from outside the association’s development by a homeowner’s therapist. Were a therapist to house a therapy dog at his/her residence, or use the therapy dog for patients at his/her residence, that action would be a commercial use which is prohibited under our CC&Rs.
In order to determine if a resident has a bona fide need to keep a dog that would otherwise violate our CC&Rs, the Association can require a homeowner to provide proof that he/she requires a service, companion, or therapy dog. This proof generally consists of a letter from a licensed medical doctor confirming the type of dog, or a specific dog, needed to accommodate a homeowner’s disability. Note: It is not necessary for the owner to disclose their specific disability in order to obtain HOA approval. Also, if the dog is under 25 pounds, there is no need for a special accommodation request.
Upon receipt of the required documentation, the HOA will document our approval of the reasonable accommodation in the Board Meeting Minutes.
Finally, residents with animals approved under this reasonable accommodation are still required to follow other HOA requirements. For example, owners are responsible for any damage that his/her dog causes to the common area, and must observe noise restrictions to avoid disturbing their neighbors.)
For more information on this topic – see https://www.hoalawblog.com/2010/11/what_are_homeowners_rights_reg_1.html
- Window A/C unit installations are not permitted.
- External units – These projects will require obtaining a building permit from the City of Novato to ensure compliance with building code requirements. You will need to provide the HOA with a copy of the permit application and obtain HOA approval before commencing work on the project.
- External A/C Unit Pad – If you are not replacing an A/C unit on an original concrete pad, you will need to obtain HOA approval for the site of the new pad for the A/C unit – since it will be installed in the Common Area. We also require that the unit be placed at least 12” from the building to allow sufficient space for leaves and debris to be cleared from the base of the siding. Any dirt removed to install the pad must not be left next to the siding, and should be removed from the site.
- Use of foundation conduit – Many units have a pre-existing conduit line in the foundation from the rear of the residence to the room containing your central heating and air distribution unit. However, under current building codes, the diameter of these pre-existing conduits may no longer be sufficient to meet state A/C efficiency rules that require the copper tubing to be wrapped in thick insulation. As a result, city building inspectors may not approve replacements using them. Any new installations will be required to meet these new efficiency standards.
- Privacy Screen – If the unit is visible to neighbors, the HOA may require the installation of a short fence to screen it from view.
- External lines/Penetrations into siding or vents – No lines may be mounted on the exterior, or new holes penetrating the siding or vents, without prior HOA approval. Under current architectural standards, any supply lines must be run along the baseboard of the interior (with a protective cover to conceal the lines).
Yes. Please complete the following form and return it to the HOA before you schedule any work with the utility service. Note: There are special rules for Satellite Dish installations. See the “Satellite Dish Installation Form” below in the “Forms” section for more information.
If you plan to sell your home, please note the following:
- HOA Documents – You will need to provide a set of HOA Documents to the prospective buyer. The current fee for a complete set is $150 for a binder, or $100 for an electronic copy. You are not required to purchase ALL of the documents if you already have some in your possession, and may instead purchase just the documents you require. Note: Please allow 10 days from the submission of your request and payment for the HOA to produce these documents. (Civil Code §4530)
The check should be made payable to:
Ignacio Creek HOA
300 Indian Way
Novato, CA 94949
- Guidelines for pre-sale home inspection – Please review our information regarding inspections with your real estate agent. Note: The inspection report should include diagrams and photos depicting the specific issues for review by the HOA.
- Statement of maintenance obligations – The division of maintenance responsibility between the HOA and the owner is a common question for prospective buyers. Please review our Statement of Maintenance Obligations with your realtor so they can answer such questions.
Finally, please note that it is our policy to refer all inquiries from prospective buyers to the seller’s realtor. We ask that you instruct your agent to advise any interested parties of this policy.
Ignacio Creek HOA Policies
The following policies and rules have been adopted by Ignacio Creek Board of Directors:
- Clubhouse Rental Rules
- HOA Policies
- HOA Rules & Regulations
- HOA Policy Regarding Insured Small Losses
The following documents contain the Association’s Bylaws and the Covenants, Codes & Restrictions for the Association:
The following forms may be used to rent the clubhouse or to replace your unit’s windows:
- Clubhouse Rental Agreement Form
- Monthly Dues Autopayment Form
- Window Replacement Form
- Satellite-Dish Installation Form
- Board Application Form
- HOA Insurance Claim Loss Report Form
- Consent to Electronic Transmission Form
- Cable Installation Form