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.
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.