Society Hill at
Condominium Association Inc.
Rules and Regulations
July 2006
Overview
The Association's governing
documents place considerable restrictions on your use of the common element as
well as on the appearance of your individual unit. As a homeowner or a tenant
in Society Hill at
1.02 Members. "
Acquisition, rental or occupancy
of any of the units in the Condominium shall be conclusively deemed to mean
that the said owner, tenant or occupant has accepted and ratified these By Laws
and the Rules and Regulations of the Association and will comply with
them."
The intent of such
restrictions is to maintain an acceptable level of appearance and uniformity
throughout the community, and prevent activities deleterious to the esthetics
or property values of the Association.
At the same time, however,
the restrictions must remain reasonable in nature, applied uniformly and
fairly, and with a formal procedure in place for appeal. Furthermore, the
Association, through its Board of Trustees, is likewise obligated towards the
residents in maintaining the common element to a standard at least equal to
that expected of the residents.
The Rules and Regulations
have been totally revised in an effort to make them more reasonable and
accommodating of residents' needs, while at the same time limiting undesirable
activities. The rules were divided into two sections. Section
1, Governing Documents Rules and
Regulations, are those rules which are contained in the governing
documents (the Master Deed and the Bylaws). These rules cannot be changed,
except by Ύ approval of all 545 unit owners. In most
cases however, the Bylaws authorize the Board of Trustees to waive or modify
them on either an individual or global basis.
Section 2, Supplemental Rules and Regulations, are
further rules and regulations that are not in the governing documents, however
are in the same spirit and intent of the governing documents, and as such are
authorized under the Association's governing documents:
Master Deed: 5.19 Use of Common
Elements
Bylaws: 5.11 A. General Duties
Bylaws: 4.11 Compliance with Rules
"
The Board of Trustees, pursuant to the
By-Laws, shall adopt Rules and Regulations which shall be in addition to and
supplement to restrictions on the owner's use of the Common Elements and as
long as such Rules and Regulations are consistent with the intent and purposes
set forth herein, such Rules and Regulations shall be deemed not to be
Amendments."
Outdated and procedural rules (those not
resulting in fines) were removed.
Enforcement of the
Rules and Regulations
The Association's governing
documents grant the Board of Trustees the authority to not only create
supplemental Rules and Regulations, but also to enforce those supplemental
Rules and Regulations, in addition to enforcing the rules already contained in
the governing documents. The relevant sections of the Bylaw are:
Bylaws:
4.11 Compliance with Rules. Each Member shall comply
strictly with these By Laws and with the Administrative Rules and Regulations
adopted pursuant thereto, as either of the same may be lawfully amended from
time to time and with the covenants, conditions and restrictions set forth in
the Master Deed, and in the deed to his unit. Failure to comply with any of the
same shall be grounds for a civil action to recover sums due, for damages or
injunctive relief, for levying a fine for violation of the Rules and
Regulations, plus court costs and reasonable attorney's fees; maintainable by
the Association on behalf of the Members, or in a proper case, by an aggrieved
Member. The Board of Trustees, pursuant to the ByLaws,
shall adopt Rules and Regulations which shall be in addition to and supplement
to restrictions on the owner's use of the Common Elements and as long as such
Rules and Regulations are consistent with the intent and purposes set forth
herein, such Rules and Regulations shall be deemed not to be Amendments.
4.12 Suspension of Rights. The membership and voting
rights of any Member and/or tenant may be suspended by the Board for any period
during which any assessment against the Unit to which his membership is
appurtenant remains unpaid; but upon payment of such assessments, and any
interest accrued thereon, whether by check or cash, his rights and privileges
shall be immediately and automatically restored. Further, if Rules and
Regulations governing the use of the Common Elements and the conduct of persons
thereon have been adopted and published, and authorized in the By Laws, the
rights and privileges of any person in violation thereof may be suspended at
the discretion of the Board for a period not to exceed thirty (30) days for any
single non-continuous violation. If the violation is of a continuing nature,
such rights and privileges may be suspended indefinitely until such time as the
violation is abated. No such action shall be taken by the Board until the Unit
Owner and/or tenant is afforded an opportunity for a hearing which is
consistent with the principles of due process of law.
The Board of Trustees does
not suspend member rights in the event of a violation. However, if monetary
fines assessed against a resident are not paid, membership suspension will
eventually result due to the delinquency. At that point, membership rights
(such as access to the pool and voting) will be suspended.
The various enforcement steps
are meticulously detailed in a companion document entitled Rules Enforcement Procedure, available from the management office
or on-line. Seven flowcharts dictate the steps to be followed in collecting and
validating violation complaints, enforcing a violation, and handling a request
for a hearing before the Covenants Committee, for appeal before the Board of
Trustees, for a rules waiver, and for a fine waiver.
In overview, the enforcement
procedure consists of a series of violation letters, eventually resulting in
the assessment of a monetary fine against the violating unit. Throughout the
enforcement process, the violating party is always entitled to request a fair
hearing before the Covenants Committee to appeal the complaint and/or the
penalty. If the aggrieved party is not satisfied with the outcome of the hearing,
they may appeal the decision to the Board of Trustees. If the aggrieved party
is still not satisfied, they are further entitled to Alternate Dispute
Resolution, or ADR, as a last resort
prior to litigation. The violating party may also request a waiver of the rule
being violated, if circumstances indicate.
Since different violations
are of different severity and urgency, the time allowed for a violator to
comply with the rule, and the fine for not complying, varies from rule to rule.
To accommodate this requirement, the enforcement flowcharts contain
"variables" for the various waiting intervals and eventual fines, the
values of which are indicated for each rule in the Rules and Regulations. These values are then plugged into the
flowcharts to customize them for the specific violation.
To maintain the incentive
value of avoiding a fine, fines are no longer specified as a fixed dollar
amount, but rather as a fraction of the market-rate monthly maintenance fees.
Both market-rate units and affordable (
Three standard sets of
compliance times and fine factors are defined based on violation severity:
Minor Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180
Fines: A=0.05 B=0.05 C=0.05 D=0.05
Moderate Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270
Fines: A=0.05 B=0.125 C=0.05 D=0.125
Serious Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360
Fines: A=0.125 B=0.25 C=0.125 D=0.25
In the case of rented units,
the owners are ultimately responsible for the actions of their tenants. As per
the enforcement procedure, owners receive copies of all violation related
correspondence, and are required to make an effort to get their tenant to
correct the violation. If unsuccessful, the tenant is subject to the authority
of section 5.21 Rental Restriction of
Units, of the Master Deed, which permits the Association to act as
attorney-in-fact on behalf of the owner in remedying the situation. Any legal
expenses incurred can be billed back to the owner.
A distinction is made between
on-going violations and transient violations. Transient
violations come and go, such as a resident not picking up after their pet or
putting their trash out early. On-going violations are more permanent, such as
a filing cabinet stored on a patio or an un-approved property modification.
Since these two types of violations require slightly different handling, there
is a separate flowchart for each type and separate violation letters.
Reporting a Violation
Violations can be reported by
any owner, tenant, board or committee member, neighbor of Society Hill, or by
the property manager during routine property inspections. Use the Violation Complaint form to report a
violation, a copy if which is attached at the end of these Rules and Regulations. The form is relatively straightforward,
however if you need assistance there are instructions in the Rules Enforcement Procedure document,
or you may contact the management office for guidance. Bring or mail completed
form to the Association office.
Violation Complaint forms are kept confidential, and are available only to the Covenants
Committee, the property manager, and the Board of Trustees. Your identity will
not be revealed to the violator, and you are not obligated to appear at a
hearing, should the violator request a hearing. However, your appearance at a
hearing may be necessary to prevent the violation from being dismissed, so if
you feel strongly about seeing the rules enforced, you may want to consider
appearing.
Although Violation Complaint forms are kept confidential, the form is
designed to accommodate anonymous complaints, as there are legitimate
situations in which residents may not feel comfortable revealing their identity
even to the Board or the Covenants Committee (for example, when reporting on
certain illegal activities). However, due to the fact that the authenticity of
an anonymous complaint is difficult to determine, multiple anonymous complaints
and Covenants Committee review and approval is necessary before the enforcement
process can begin solely on the basis of anonymous complaints. Anonymous
complaints can still have value though, as they can be one component in the
totality of circumstances.
Disputing a Violation
A request for a hearing
before the Covenants Committee may be made at any time in the enforcement
process using the Violation Hearing
Request form, available on-line or at the Association office. At such a
hearing, you are given the opportunity to present your side of the story and
any evidence you have such as photographs, letters, receipts, recordings, and
report logs, and call witnesses to testify on your behalf. The committee may
ask questions to you and your witnesses and request additional information to
help it make a decision on your request. The regular hearing date and time for
the Covenants Committee is the third Wednesday of the month,
If a resident is not happy
with the decision of the Covenants Committee, the resident may appeal the
decision to the Board of Trustees using the Violation
Appeal Request form. The process is very similar to the hearing before the
Covenants Committee. Only one appeal is allowed, as the decision of the Board
of Trustees is final. If the resident is still not happy with the outcome, the
next step would be to request ADR.
Rules waiver requests may
also be made at any time in or outside the enforcement process, using the Rules Waiver Request form, available
on-line or at the management office. The purpose of a rule waiver is to
accommodate residents who are in violation of a rule for which exemption may be
granted at the discretion of the Board of Trustees. One such example is the
parking of commercial vehicles.
Section 1
Governing Documents Rules and Regulations
The following rules and
regulations are directly taken from the Associations governing documents the
Master Deed and the Bylaws. They are repeated here and numbered for easier
reference. In many cases the governing documents permit the Board of Trustees
to selectively or globally relax the rule or regulation. All such exceptions
are noted below. Compliance times and fine factors are indicated for most
rules. Plug these numbers into flowchart 2 for on-going violations, or
flowchart 3 for transient violations.
Rule 1.1 Use of units limited to residential
purposes
Bylaws:
4.09 Use of Units: "
All units shall be utilized
for residential purposes only.
"
The Board of Trustees is of
the opinion that the intent of this rule was to avoid non-residential use of
units resulting in greater than normal foot or vehicular traffic to a
particular unit, or other activity that may impact other residents. Therefore,
home-based businesses which do no appreciably impact the other residents are permitted.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.2 No structural modifications without
Association approval
Bylaws:
4.09 Use of Units: "
A Member shall not make
structural modifications without the written consent of the Trustees.
"
Master Deed:
5.18 Modification of Dwelling Units: "
That no
owner shall make any structural modifications or alterations within a dwelling
unit without consent of the Association or of its duly authorized
representatives and no act shall be done under any circumstances which does or
may tend to impair the structural integrity of any of the multi-unit dwelling
buildings or adversely affect any of the common elements.
"
If you wish to make structural
modifications to your unit, please submit a Property
Modification form. Structural modifications will require the proper
building permits from the
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.3 No outside door, window, or other hangings
or displays without Association approval
Bylaws:
4.09, Use of Units: "
Unit owners shall not
cause or permit anything to be hung or displayed or placed on the outside
walls, doors or windows of any building without the written consent of the
Board of Trustees of the Condominium Association.
"
Master Deed
5.19, Use of Common Elements: "
Unit owners
shall not cause or permit anything to be hung or displayed or placed on the outside
walls, doors or windows of any building without the written consent of the
Board of Trustees of the Condominium Association.
"
1.3.1 The Board of Trustees grants approval to
all residents to display holiday decorations for a reasonable period of time
prior to and following a holiday, but never more than 15 days following a
holiday.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.3.2 The Board of Trustees grants approval to
have door hangings such as decorative wreaths.
1.3.3 The Board of Trustees grants approval for
Committees to post announcement flyers for Association events. Flyers must be
removed following the event.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.3.4 The Board of Trustees grants approval for
Committees to hang flyers at doors for Association related matters.
1.3.5 The distribution of commercial flyers is
prohibited.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.3.6 The Board of Trustees grants approval for
all residents to hang flyers at doors for non-commercial or political purposes.
1.3.7 The Board of Trustees grants approval for
all residents to display decals and emblems such as tot-finder, pet rescue,
helping-hand, burglar alarm, or charity support.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.3.8 All wall, door, and window hangings or
displays not specifically exempted by the Rules
and Regulations must be approved by the Board of Trustees.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
All pre-approved displays are
still subject to review and approval by the Architectural Control Committee. In
the absence of a formally appointed and active Architectural Control Committee,
the Covenants Committee shall have approval authority. In the absence of a
formally appointed and active Covenants Committee, the Board of Trustees shall
have approval authority.
The cluster mailboxes are the
property of the US Postal Service, and therefore fall under their jurisdiction.
It is not within the authority of the Board of Trustees to regulate their use
for the display of signs, flyers, or announcements.
Rule 1.4 No storage on common or limited common
elements without Association approval
Bylaws
4.09, Use of Units: "
A Member shall not store
anything including but not limited to bicycles, wood, grills or garbage cans on
the Limited Common or Common Elements including but not limited to porches,
patios and sidewalks without the prior written consent of the Board of Trustees
of the Condominium Association.
"
Master Deed
5.19, Use of Common Elements: "
A Member shall
not store anything including but not limited to bicycles, wood, grills or
garbage cans on the Limited Common or Common Elements including but not limited
to porches, patios and sidewalks without the prior written consent of the Board
of Trustees of the Condominium Association.
"
1.4.1 The Board of Trustees grants approval to
all residents to store firewood on the patios or balconies. Firewood must be
stacked neatly at least 6" off the ground and away from the siding, and in
a manner as to prevent deterioration damage to the patio, balcony, or siding.
Firewood containing pests such as carpenter ants is not permitted and must be
discarded. Rotten firewood is not permitted and must be discarded. Firewood may
not be stored in breezeways or on the common property.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.4.2 The Board of Trustees grants approval to
all residents to have doormats, minor decorative items, milk boxes, and
personal ice-melt dispensers near their front entrances.
1.4.3 The Board of Trustees grants approval to
all residents to store bicycles, tricycles, and patio furniture on patios or
balconies.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.4.4 Recycling containers may not be stored on
patios, balconies, in front of units, in the bushes, in the breezeways, or
anywhere on the common property.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.4.5 By NJ State Law and local ordinance, gas
grills may not be stored on any condominium balcony, patio, or breezeway. Gas
grill may not be stored closer than 5' to an exterior wall of the townhouse
units.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
1.4.6 Lawn furniture may not be stored on the
common element, and must be removed from the common element when not in use.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.4.7 The Board of Trustees grants approval to
all residents to store their previously operable vehicles, which have since become
inoperable for either mechanical or administrative reasons, for no more than 30
days. An inoperable vehicle is a vehicle which cannot move under its own power,
or would not be legally operable on public roadways. This would include, but is
not limited to, vehicles with flat tires, missing wheels, damaged windshield,
no engine, no license plates, or expired inspection sticker.
Custom; Times: A=60 B=30 C=30 D=30 E=120 F=120 G=180 H=270; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
1.4.8 Vehicles may not be used as supplemental
storage.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.4.9 The Board of Trustees grants approval to
all residents to store garden hoses on the common property, provided that the
hoses are properly coiled and out of the way when not in use.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.4.10 All storage uses of the limited common or
common element not specifically exempted by the Rules and Regulations must be approved by the Board of Trustees.
Please file a Rules Waiver Request
form.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.5 No exterior or interior signs
Bylaws
4.09, Use of Units: "
No signs shall be
permitted on the exterior or interior of any unit.
"
Master Deed
5.19, Use of Common Elements: "
No signs shall
be permitted on the exterior or interior of any unit.
"
Unlike many of the other governing
document restrictions, this one does not authorize the Board of Trustees to
grant approval exceptions. Such exceptions would require Bylaw amendment. The
only leeway here is in the interpretation of what is and what is not considered
a sign.
Window or door decals,
helping-hand signs, tot-finder decals, pet-rescue decals, charity support
decals, or other such emblems; and holiday decorations, shall not be considered
as signs for the purposes of this rule.
All other signage, including
but not limited to real-estate signs, for-sale signs, for-rent signs,
commercial signs, and political signs, shall be considered as signs for the
purpose of this rule, and are thus prohibited.
This rule only addresses
signs displayed inside the windows of a unit, or attached to the outside wall,
patio, or balcony of a unit. It does not address signs placed on the common
property, which is considered a form of property modification, which is covered
under Rule 1.13.
In the event of a
disagreement over the definition of sign, the aggrieved party should pursue the
standard due-process procedures, beginning with the application for a hearing
before the Covenants Committee.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.6 No heating or cooling devices can be
installed in the windows or doors
Bylaws
4.09, Use of Units: "
No owner shall be
permitted to install or have installed any window air conditioner, window fan, heat pump, device in any window, door or other exterior
opening of a dwelling unit.
"
Master Deed
5.18, Modification of Dwelling Units: "
No owner
shall be permitted to install or have installed any window air conditioner,
window fan, heat pump, solar collector or similar cooling, heating and/or
ventilating device in any window, door or other exterior opening of a dwelling
unit.
"
Unlike many of the other
governing document restrictions, this one does not authorize the Board of
Trustees to grant approval exceptions. Such exceptions would require Bylaw
amendment.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.7 No activities which will increase the
Association's insurance rate without Association approval
Bylaws
4.09, Use of Units: "
Nothing shall be done or
kept in any unit or common elements which shall increase the rate of insurance
of any other buildings or contents thereof applicable for residential use
without the prior written consent of the Board of Trustees of the Condominium
Association.
"
Master Deed
5.19, Use of Common Elements: "
Nothing shall be
done or kept in any unit or common elements which will increase the rate of
insurance of any other buildings or contents thereof applicable for residential
use without the prior written consent of the Board of Trustees of the
Condominium Association.
"
The storage or use of
hazardous substances or devices which would put the association in a higher
risk group in terms of common-element insurance is not permitted. This would
include the storage of propane tanks and gasoline-powered devices or vehicles
inside units, in storage closets, on patios or balconies, or in breezeways; the
use of candles in an unsafe manner; and burning candles left unattended.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.8 No activities resulting in the cancellation
of Association insurance
Bylaws
4.09, Use of Units: "
No owner shall permit
anything to be done or kept in his unit or in the common elements which will
result in the cancellation of insurance on any of the buildings or contents
thereof
"
Master Deed
5.19, Use of Common Elements: "
No owner shall
permit anything to be done or kept in his unit or in the common elements which
will result in the cancellation of insurance on any of the buildings or
contents thereof
"
The storage or use of
hazardous substances or devices which would result in cancellation of the
common-element insurance policy is not permitted. This would include the
storage of propane tanks and gasoline-powered devices or vehicles inside units,
in storage closets, on patios or balconies, or in breezeways; the use of
candles in an unsafe manner; burning candles left unattended.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.9 No illegal activities
Bylaws
4.09, Use of Units: "
No owner shall permit
anything to be done or kept in his unit or in the common elements
which would
be in violation of any law.
"
Master Deed
5.19, Use of Common Elements: "
No owner shall
permit anything to be done or kept in his unit or in the common elements
which
would be in violation of any law.
"
Illegal activity taking place
on the common-element or within a unit is not allowed. Such activity should be
reported to the Association in the same manner as any other rules violation, as
well as to local law enforcement.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.10 No dumping or littering
Bylaws
4.09, Use of Units: "
No waste will be committed
in any of the common elements.
"
Master Deed
5.19, Use of Common Elements: "
No waste will be
committed in any of the common elements.
"
1.10.1 No littering. Littering shall be defined as
the deliberate or negligent discarding of waste.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.10.2 No Dumping. Dumping would include abandonment
of bulk items on the common element without making the necessary arrangements
with either the Association's disposal company or the
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.11 No recreational or commercial vehicles
without Association approval
Bylaws
4.09, Use of Units: "
No recreational vehicles
(campers, house-trailers, motor homes, etc.) or commercial vehicles will be allowed
to park overnight without prior written approval by the Board of Trustees, or the designated representative of the Board for
this purpose. When such permission is granted, the vehicles must be parked in
the predesignated area and cannot be used as living
quarter. "Commercial vehicles" shall refer to pick-up trucks, vans,
trucks, tractors, trailers, wagons, vans or oversized vehicles having
commercial license plates or any vehicle, motorized, non-motorized, used for
commercial purposes.
"
Master Deed
5.19, Use of Common Elements: "
No recreational
vehicles (campers, house-trailers, motor homes, etc.) or commercial vehicles
will be allowed to park overnight without prior written approval by the Board
of Trustees, or the designated representative of the
Board for this purpose. When such permission is granted, the vehicle must be
parked in the predesignated area and cannot be used
as living quarters. "Commercial vehicles" shall refer to pick-up
trucks, vans, trucks, tractors, trailers, wagons, vans or oversized vehicles
having commercial license plates or any vehicles, motorized, non-motorized,
used for commercial purposes.
"
The Board of Trustees grants approval
to residents to park commercial vehicles on a case-by-case basis. In general,
the commercial vehicle must be actively used and reasonably maintained. Please
file a Rules Waiver Request form.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.12 No new exterior barriers
Master Deed
5.18, Modification of Dwelling Units: "
No owner
shall be permitted to erect or have erected any fence, partition, wall, divider
or similar structure exterior to their unit other than any such structure
erected by the Developer.
"
Residents may not install
fences. Only the Board of Trustees can install new exterior barriers.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.13 No common or limited common element
modifications without Association approval
Master Deed
5.18, Modification of Dwelling Units: "
No owner
shall make or cause to be made any alterations to the exterior of his unit or
to any general or limited common elements without the prior written approval of
the Condominium Association or a committee appointed by it in accordance with
its By Laws.
"
1.13.1 The Board of Trustees grants approval to
all residents to install replacement porch lights that are similar in
appearance to the original units. The lights may be motion sensitive.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.13.2 By Federal Law, residents are allowed to
install satellite dishes or antennas on the limited common element (their
patios and balconies). Such installations must be reasonably confined to the
patio or balcony air-space, and may not extend out over the railings or be
mounted to the building outside the patio or balcony space.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.3 Satellite dish or antenna installations
anywhere else on the common element require approval from the Board of
Trustees. Generally, satellite dishes and antennas are approved for
installation on the roof only, and specifically on the "rake" portion
of the roof to avoid penetrations in the flat roof surfaces. The dish installer
should check in at the management office prior to installation.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.4 The Board of Trustees grants approval to
all residents to maintain the foundation planting area of their unit. This is
the ground between the foundation and the lawn. Plantings should be confined to
this area, as sprinkler heads, piping for the sprinkler system,
and cable TV cables run in the lawn. Once a resident takes over their
foundation plantings, they are responsible for keeping the area properly
maintained.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.13.5 The Board of Trustees grants approval to
all residents to display lawn ornaments and decorations within the foundation
planting area. The foundation planting area extends from the foundation of the
building to the lawn.
Minor;
Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors: A=0.05 B=0.05
C=0.05 D=0.05
1.13.6 The Board of Trustees grants approval to
all residents to install association approved styles of storm doors on their
front entrance doorways, provided the storm door
matches in color to the original builder installed entrance door.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.7 The Board of Trustees grants approval to
all residents to have plants, flags, and other decorative items on patios or
balconies, provided that these items are confined to the patio or balcony
space, and provided that the plants do not drip water on the patios or
balconies below. Plants may not be hung over the outer edge of the railings.
1.13.8 The Board of Trustees grants approval to
all resident to display temporary real-estate open-house signs and garage sale
signs on common property. Such signs may not be erected more than 24 hours
prior to the event and must be removed within 24 hours of the conclusion of the
event.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.9 The display of real-estate for-sale or
for-rent signs on the common element is forbidden.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.10 The display of political signs on the common
element is permitted, for a reasonable period of time prior to the political
event for which they apply, provided they do not impede the lawn mowers,
maintenance personnel, other residents, or the sprinkler system.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.13.11 The Board of Trustees grants approval for
Committees to place signs on the common property announcing Association events.
Such signs may not be erected more than 7 days prior to the event and must be
removed within 24 hours of the conclusion of the event.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.13.12 The application of sealing plastic to the
exterior portion of windows and doors is forbidden. Sealing plastic may only be
applied to the interior of windows and doors, and must be clear in color.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.13.13 The Board of Trustees grants approval to all
residents to place burglar alarm signs within the foundation planting area.
1.13.14 All exterior common element or limited common
element modifications not specifically exempted by the Rules and Regulations require approval from the Board of Trustees
on a case-by-case basis. Please file a Property
Modification form.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
All pre-approved
modifications are still subject to review and approval by the Architectural
Control Committee. In the absence of a formally appointed and active
Architectural Control Committee, the Covenants Committee shall have approval
authority. In the absence of a formally appointed and active Covenants
Committee, the Board of Trustees shall have approval authority.
Rule 1.14 Rental restrictions
Master Deed
5.21, Rental Restriction of Units: "
That
dwelling units shall not be rented by the owners thereof for transient or hotel
purposes, which shall be defined as (a) rental for any period of less than 180
days, or (b) rental if the occupants of the unit are provided customary hotel
services, such as room services for food and beverages, maid service,
furnishing laundry and linen bell boy service, etc. Other than the foregoing restriction, except
for the provisions applicable to the affordable condominiums, the owners of
dwelling units shall have the absolute right to lease the same, provided that
the lease is in writing
"
1.14.1 Units may not be rented for a period of
less than 180 days.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
1.14.2 Units may not be rented "hotel
style".
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
1.14.3 Owner must file a copy of their lease with
the Association office.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
Rule 1.15 Affordable Units must be owner-occupied,
unless approved
Master Deed
6.00, Provisions Applicable to the 109 Affordable
Condominiums: "...Affordable Condominiums shall at all times remain
owner-occupied except that under exceptional circumstances to be determined by
the Agency, such Affordable Condominiums may be leased or rented for limited
periods not to exceed one year, upon conditions set forth in the
regulations."
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
Rule 1.16 Respect lawful rights of other owners
Master Deed
5.19, Use of Common Elements: "
That each owner
or co-owner, tenant or occupant of a dwelling unit may use the common elements
of this Condominium in accordance with the purpose for which they are intended,
without hindering or encroaching upon the lawful rights of the other owners or coowners, tenants or occupants.
"
This rule is a catch-all for
any other activities which interfere with a resident's enjoyment of the
community for which the Association receives complaints.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.17 Maintenance of limited-common elements
Master Deed
3.04, Limited Common Elements: "
Each unit owner
shall be responsible for maintaining, at their individual cost and expense, all
areas designated as limited common elements other than any assigned parking
space.
In particular, each unit owner shall be responsible for any
improvements or maintenance in and to patios, porches or balconies including
any glass, glass doors, screens or screen doors, none of which shall be the
responsibility for maintenance by the Association.
"
1.17.1 Residents are responsible for maintaining
any approved improvements they have made to their patios.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
1.17.2 Ripped or damaged patio door screens shall
be repaired.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 1.18 Maintenance of dwelling units
Master Deed
5.17 Maintenance of Dwelling Units: "
maintenance, repairs and replacements of the plumbing fixtures and systems,
windows, doors, balconies, electrical wiring and receptacles, appliances and
equipment, and lighting fixtures within any Unit which are not common shall be
the Unit owner's responsibility
"
1.18.1 Ripped or damaged window screens shall be
repaired.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.18.2 Damaged or rotted storage closet doors
shall be repaired.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.18.3 Damaged or missing exterior lighting
fixtures shall be repaired.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
1.18.4 Storm-doors must be maintained.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Section 2
Supplemental Rules and Regulations
The Board of Trustees is
authorized to draft and enforce additional rules and regulations provided that
they are in the same spirit and intent of the governing documents.
Master Deed: 5.19 Use of Common
Elements
Bylaws: 5.11 A. General Duties
Bylaws: 4.11 Compliance with Rules
"
The Board of Trustees, pursuant to the
By-Laws, shall adopt Rules and Regulations which shall be in addition to and
supplement to restrictions on the owner's use of the Common Elements and as
long as such Rules and Regulations are consistent with the intent and purposes
set forth herein, such Rules and Regulations shall be deemed not to be
Amendments."
In the opinion of the Board
of Trustees, the following rules are in the same spirit and intent of the
governing documents, and are therefore adopted as formal Rules and Regulations
of the Association, and with which all residents must comply. Compliance times
and fine factors are indicated for most rules. Plug these numbers into
flowchart 2 for on-going violations, or flowchart 3 for transient violations.
Rule 2.1 Swimming Pool
2.1.1 Residents and guests without a valid pool
pass are not allowed in the pool area.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.2 Release of bodily waste in the pool is
prohibited. Non-toilet trained children must use swimwear designed to prevent
waste from leaking into the pool water.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.3 Activity dangerous to oneself or others
is prohibited.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.4 Removal of furniture from the pool area
is prohibited.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.5 Glass containers are not allowed in the
pool area.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.6 Unauthorized personnel are prohibited
from the pool enclosure when the pool is closed.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.7 The life-guard must be obeyed and is
granted the authority to enforce all pool rules, eject people from the pool
area, and confiscate pool passes.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.1.8 Alcoholic beverages are not permitted.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.1.9 Audio player devices such as radios and
boom-boxes are not permitted.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
Rule 2.2 Tennis Courts
2.2.1 Any activity which damages the tennis
court surface, netting, fencing, gate, or signage is prohibited. No sitting on
the net. Parents will be held responsible for the actions of their children
under the age of 18.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.2.2 Tennis court gates are to be closed and
locked after use.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
2.2.3 Tennis courts are for tennis only. No
pets, bicycles, scooters, or roller-blades.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
Rule 2.3 Playgrounds
2.3.1 Any activity which damages playground
equipment is prohibited. Parents will be held responsible for the actions of
their children under the age of 18.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.3.2 Playground and basketball court hours are
sunrise to sunset. No disruptive activities while playground or court is
closed.
Minor; Times: A=90 B=60 C=30 D=30 E=90 F=120 G=180 H=180; Fine factors:
A=0.05 B=0.05 C=0.05 D=0.05
Rule 2.4 Grills
2.4.1 Gas or charcoal grills of any size may
not be operated on single-floor garden-style unit patios, balconies, or
breezeways. Operating a gas grill in such a location is a violation of State
and Local fire code and ordinances. Operating a charcoal grill in such a
location carries a risk of fire. You may operate such grills out on the lawn, a
safe distance from the building.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
2.4.2 All types of grills must not be operated
in a manner that may result in damage to the exterior of the building, the
privacy fences, the grounds, or other common elements.
Serious; Times: A=15 B=15 C=20 D=30 E=180 F=180 G=270 H=360; Fine factors:
A=0.125 B=0.25 C=0.125 D=0.25
2.4.3 Propane tanks on gas grills must be
properly maintained.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.4.4 All coals from charcoal grills must be
extinguished and disposed of properly. DO NOT BRING COALS INTO YOUR UNIT OR
STORE THEM NEAR THE BUILDING.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
See Rule 1.4.5 for additional
restrictions on the storage of grills.
Rule 2.5 Vehicles and Parking
2.5.1 No parking is permitted in the assigned
spaces of other units. You can only park in your assigned spot, or any
unassigned spot. Owners are responsible for informing their guests for this
rule.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.2 Vehicle repairs are not allowed, except
those which are minimally necessary to render the vehicle operable for removal
to a repair facility.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.3 Vehicles must not damage the parking lot
surface. Fluid leaks must be repaired.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.4 Curb-side parking is not allowed on all
Association owned streets, including
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.5 Posted speed limits must be observed. The
Association has a "Title 39" agreement with the
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.6 All motorized vehicles may not be
operated or parked on the lawn or the sidewalks. Trailers may not be operated
on or parked on the lawn or the sidewalks.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.7 Vehicles must be operated in a safe
manner. The Association will take violation complaints on vehicles which appear
to be operated in an unsafe manner.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.5.8 The unnecessary use of horns is
prohibited.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.6 Pets
2.6.1 Solid pet waste must be collected. All
solid pet waste must be removed from the common-element and disposed of
properly. There are garbage cans by either tennis court and
playground.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.6.2 All pets must be kept on a leash and are
not allowed to run free.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.6.3 No pets allowed in the clubhouse, in the pool
area, or in the pool.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.6.4 Residents may not allow pets to relieve
themselves on the balconies.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.6.5 Residents may not allow pets to make
continual noises which disturb other residents.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.7 Trash and recycling
2.7.1 Trash and recycling may not be put out
before dark of the evening before collection. Ideally, trash should not be put
out until the morning of collection, to limit the chances of animals ripping
open the bags.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.7.2 Garbage cans are not permitted. Trash
must be in disposable bags.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.7.3 Trash bags must be of sufficient
integrity to prevent trash from escaping from the bag.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
2.7.4 Recycling bins must be retrieved by
sunrise of the day following recycling pickup.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.8 No loud noise between
Noise loud enough to disturb
other residents is not allowed between
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.9 Laundry may not be displayed outside
Laundry may not be hung,
displayed, or dried outdoors on the porches, patios, and balconies.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.10 No swimming, wading, fishing, ice skating,
or boating allowed in the retention pond or waterways
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.11 Window treatments must be maintained
The publicly exposed portion
of drapes, blinds, shades, or other window treatments must be maintained and
presentable, as determined by the Architectural Control Committee. In the
absence of a formally appointed and active Architectural Control Committee, the
Covenants Committee shall have approval authority. In the absence of a formally
appointed and active Covenants Committee, the Board of Trustees shall have
approval authority.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Rule 2.12 No feeding of the wildlife
There has been an on-going
problem with pigeons, geese, and other wildlife in the community. To help
reduce the problem, continual feeding of any wildlife is prohibited.
Moderate; Times: A=30 B=30 C=45 D=30 E=120 F=120 G=180 H=270; Fine
factors: A=0.05 B=0.125 C=0.05 D=0.125
Revision History
It is highly probably that
changes will need to be made to this document. For every new release of this
document, increment the revision number in the footer, and add a note here in
the revision history of what was changed. Do not allow two different versions
of the document with the same revision number to be distributed.
Rev 0:
Rev 1:
Rev 2:
Rev 3: 5/24/06 Added rule 2.12 and edited rule 2.8 and 1.13.2
Rev 4: