Rules and Regulations: General Rules
Contents: GENERAL RULES Statement of Purpose: SECTION A: General Rules A1. Antenna and Dishes A2. Vehicles A3. Pets A4. Use A5. Snow Removal A6. Maintenance A7. Signs A8. Clotheslines A9. Trash A10. Common Elements A11. Private Yard Plantings and Ornamentation A12. Grills / Flammable Storage A13. Firewood A14. Leases and Sales A15. Public Nuisance Enforcement Procedures B. Architectural Guidelines Satellite Dish Indemnification Agreement Form These Rules, adopted 25 July 2003, supersede any and all prior Rules and Regulations!Statement of Purpose: The role of a Homeowners Association, of which every owner is a member, is not only to own and manage the open space, but also to conserve and enhance the resources of the entire community. The Association accomplishes these functions in a variety of ways, of which one is to establish reasonable Rules and Regulations as stated in article VI of the By-Laws. The Association, through the Board of Directors, also has the power to establish committees, like the Architectural/Grounds Committee, and the responsibility of enforcing all of the Association's Documents as stated in the By-Laws, Article VIII.
The following Rules and Regulations have been established to assure pleasant and harmonious living for all residents and their guests. They are based on and are supplementary to the Declaration and the By-Laws of the Association. It is the responsibility of each resident within the community to become familiar with the Rules and Regulations and to abide by it. The cooperation of each resident is needed to maintain property values and provide peaceful enjoyment for each resident.
* ALL UNDERLINED SENTENCES ARE CONTAINED IN THE USE RESTRICTIONS ON PAGE 13 OF THE DECLARATION AND MAY NOT BE CHANGED WITHOUT 2/3 CONSENT OF THE ENTIRE ASSOCIATION. ALL ADDITIONAL SENTENCES WERE ADOPTED AS PART OF THE RULES AND REGULATIONS. Top
SECTION A. GENERAL RULES
A1. Antenna and Dishes
No owner or lawful occupier shall erect or maintain an antenna, which is externally visible on any townhouse building or townhouse Lot. Satellite dishes should be placed behind the unit, on the ground and hidden from view. If due to the position of the Townhome that is not possible for the dish to capture the satellite signal placement of the dish in the front of the unit is acceptable. Dish must be hidden from view. (Recommend the use of shrubbery ground cover) Since this is a permanent exterior alteration, an architectural change request form must be filed with the Association for approval prior to installation. This is subject to and governed by Rule B. Exterior Alterations. It is the intent of these regulations to insure that satellite dishes and their installation meet all appropriate building, safety, and electrical codes.
a. The Board does not restrict the use of video receiving dishes less than eighteen (18”) inches in diameter, properly installed on the owner’s private property.
b. Dishes must be installed so as not to pose a safety hazard to surrounding homes.
c. Dishes must be properly grounded under electrical code.
d. Dishes must not hang over or encroach onto a neighbor’s property, roof, walls, or windows or block a neighbor’s window.
e. Dishes must not present an electrical hazard to neighboring homes.
f. Dishes must not have wires “draped” on the roof or side of the owner’s home.
g. Dishes cannot be installed in common areas and must not inhibit others from using common areas or property.
h. Dishes must be mounted by a secure method so as not to cause damage to surrounding homes or property by collapse.
i. Dishes must be for the exclusive use of the owner installing the dish and may not be used in common with other neighbors.
j. Dishes and their installation must meet all local, state, and county codes that may apply.
k. An owner of a dish will be required to sign an indemnification agreement agreeing to indemnify and hold the Association harmless for any personal injury occurring to other residents, Association personnel or for damages occurring to common property or other resident’s property from the installation and placement of the dish.
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A2. Vehicles No owner or other person shall not leave any non-licensed, non-registered or non-operating vehicle or vehicles on or about any Lot, the common areas or an Association roadway, nor shall any major repairs or dismantling of vehicles be permitted on or about any Lot, common areas or Association roadways. Commercial vehicles (including but not limited to, dump trucks, stake body trucks
, trucks exceeding 3/4 ton, vehicles equipped with ladders or pipe tubes, utility boxes running the length of the bed, or commercial lettering) may only park on Lindenfield Property while providing services to an owner or occupant. These vehicles shall not have overnight privileges and must be off the property by 10:00 p.m. Violators may be towed at their expense. Vehicles without valid license or inspection, and any off road vehicles, are not permitted on any lot, common areas or Association roadways. The parking of boats, trailers, oversized trucks and recreational vehicles is not permitted (will be ticketed and a fine and/or will be towed at the expense to the owner) unless enclosed within the garage.
All vehicle parking is in driveways or along street curbs opposite the driveway side. No parking is permitted over sidewalks (in driveways) or in yellow-curbed areas for safety reasons. Also, no parking is permitted on any street during snowfall and cleanup. Any vehicle in violation will be ticketed and a fine and/or will be towed at the expense to the owner.
Any vehicle, which is leaking fluids that may cause damage to the roadway, is not permitted and violators will subjected to a fine for the repair of roadway surface. Top
A3. Pets No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept on any Lot except dogs, cats or other commonly accepted household pets may be kept on Lots, provided that they are not kept, bred or maintained for any commercial purpose and provided further that no such pet shall be allowed to cause or create any nuisance or other unreasonable disturbance.
All (i.e. cats, dogs etc.) pets must be walked on leashes and attended at all times; no pet shall be permitted outside the unit or fenced area. Pet owners are required to immediately clean up any waste left behind. Pets are not permitted to be tied up outside and shall be prevented from damaging the common elements or other owner's property. Failure to follow the rules owner will be subjected a fine. No pet owner may permit an animal to relieve itself on any of the grass areas around the buildings. Pet owners are responsible for any property damage, injury, and disturbance their pet may cause or inflect. No doghouses are permitted.
The cost of clean up and/or repairs to common elements shall be charged to the offender (unit owner). Continual waste lying on personal property is a safety and health hazard and will be subject to a warning and subsequent fine to that unit owner. All Borough, County and State pet laws must be obeyed. Top
A4. Use All Lots are restricted specifically to residential use and no form of commercial non-residential use or activity shall be permitted on any Lot. The occasional yard / garage sale is preferred on weekends only.
A5. Snow Removal Owners shall be responsible for snow removal and cleaning of sidewalk areas and driveways between the townhouse and the curb line, whether or not said sidewalk and driveway are located within the Lot or within the Common Open Space. Snow removal should be within 24 hours after a snowfall to prevent safety hazards or property damage. Failure to comply could result with the vehicles will be ticketed and/or towed at owners’ expense and fines or legal action by the Association and/or Chalfont Borough. If the tenant or homeowner is going to be away it is their responsibility to ensure the vehicle is off the road or provisions are made to remove the vehicle during the snowfall season.
A6. Maintenance
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All Lots and improvements thereon shall be maintained in a reasonable and neat and well appearing condition. The Association shall be responsible for grass cutting in all Common Open Space and Lots, except that the owner shall be responsible for grass cutting in any area of the Lot which has been fenced by the Owner. The outside appearance of units should be kept neat in consideration of your neighbors. All outdoor accessories toys, bikes, play equipment, lawn furniture, grills, inflatable pools, garden hose racks, etc. should be stored neatly behind and nearest to the rear wall of the unit when not in use and during overnight hours.
NOTE: Garden hose racks must be stored neatly behind and nearest to the rear wall of the townhome during the winter months, December through April. Kindly remember to drain hose before storing and turn off water supply to the outside hose bib.
Additionally, unit owners will be responsible for maintenance of all trees and shrubbery beds contained on their lot with the immediate removal of any dead trees or shrubs. Flowerbeds and areas under decks should be clear and weed free. Private yard plantings are subject to and governed by Rule A11. Private Yard Plantings and Ornamentation. Owners are to maintain their driveway. Any driveway that is damaged by weather or leaking fluid must be repaired.
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A7. Signs No sign of any type shall be displayed on any Lot except customary name and address signs. For sale signs, not exceeding nine (9) square feet in size, (preferably 30" x 30"), may be erected on the lot only. Top
A8. Clotheslines No clotheslines, clothes poles or any outside hanging of clothes shall be permitted. No drying or airing of laundry shall be permitted from windows, decks, or patios.
A9. Trash Collection is provided by the Association through a private contractor on Tuesdays and Fridays and should be placed out no earlier than dusk the night before pickup. If the designated collection day falls on a holiday, trash pick up will be the next regularly scheduled day. Trash should be placed at the curb in front of each unit on collection days and must be placed in containers (with closed lids) or plastic bags, and newspapers and boxes are to be tied. All trash containers must be stored within the building or neatly placed in back of the house on non-pickup days. If animals disturb trash, pets, or is wind-blown; it is the unit owners' responsibility to clean up the mess. If not picked up by the Trash Company for whatever reason, owner must retrieve refuse until next regular pickup day. The Association, through a private contractor, provides recycling collection on Fridays. Glass, cans, and plastic are to be placed commingled in recycling bins or buckets. Newspapers may be tied with string or placed in a paper bag. Securely place your recyclable curbside and prevent them from being wind blown. For details on collection, please contact Management Company. Top
A10. Common Elements The common elements are for the aesthetic enjoyment of all in the diverse community. As such, regular large group/semi organized activities are NOT permitted. (Ref. Para. A15, c., d., f.) No unit owner / occupant may obstruct, store, erect or plant anything upon the common elements without the prior consent of the Executive Board. Any damage to Association property caused by any unit owner, their visitors, tenants or pets shall be repaired at the unit owner's expense.
A11. Private Yard Plantings and Ornamentation All plant material must be well maintained and weed-free by owners and tenants. Trees, shrubs, and flowers may be added as long as they are maintained and do not grow outside the lot. Mulching of planting beds and trees is strongly encouraged. Vegetable gardens are seasonal (not to exceed sixty (60) square feet) and are not to be planted in the front of homes. All plant and garden material must not hamper lawn maintenance. Ground level ornaments (lawn ornaments) may be placed in foundation planting beds or tree rings, but not in turf areas not to exceed 18 inches in high. Pole structures (light posts, flag posts, bird feeders, etc.) must not exceed eight (8) feet in height. The location on a lot is subject to approval. A trellis or arbor may be used specifically for botanical use behind the house, not to exceed three (3) feet in width or seven (7) feet in height. The area must be neat and well maintained during growing season and removed when not in use.
Holiday decorations may be displayed on the property but must be removed within thirty (30) days of the holiday. Example: December 25th’s decorations must be removed by January 25th. Top
A12. Grills / Flammable Storage Anything that could endanger the Association or private property and/or the welfare of a unit or tenant is prohibited. All grills are to be used and stored behind the house. It is prohibited to use or store propane tanks or any flammables inside homes and garages. The use of grills within less than three feet of the Townhome is not recommended due to safety reasons and the possibility of the vinyl siding buckling when exposed to elevated temperatures. Fire pits are NOT permitted on any lot nor is the burning outside of any materials (trash, wood, oil and etc.).
A13. Firewood Firewood, not to exceed a half cord, may be neatly stored at the rear of the lot, or next to the unit, and should be at least six (6) inches off the ground. Firewood storage in the rear of the lot is permitted from October 15 through April 15, unless it is next to the unit or fenced area, as long as lawn maintenance is not impeded. Note: Wood must not be stored within two (2) feet of the adjoining property.
A14. Leases and Sales No unit may be used for transient or hotel purposes. The term of an original lease may not be for less than one (1) year or for less than the entire unit. The rights of any lessee shall be subject to, and each lessee shall be bound by, the Covenants, Conditions and Restrictions set forth in the Declaration, By-Laws, and Rules and Regulations, and the same shall be made a part of said lease. Default thereunder shall constitute default under the lease. Tenants are not permitted to vote and are not required to pay any assessment since the vote and the assessment remains with the lot owner. Lessees are allowed a maximum of two vehicles provided there are two licensed drivers on the lease. A copy of the lease must be provided to the Association within ten (10) days of execution. Please send to management office. In the event of any sale, conveyance, or transfer of a unit, the owner must provide twenty (20) days prior notice to the management office in order to confirm transfer of the documents to the new owner and to verify payment of Association assessments as required by most lenders and to conform with the Uniform Planned Community Act, Title 68.
A15. Public Nuisance
a. The riding of skates, skateboards, bicycles and scooters, or other play equipment that either causes a nuisance or damages curbs or sidewalks are not permitted. No motorized vehicles are permitted on sidewalks.
b. No bicycles, chairs, playing toys or other personal property shall be left to obstruct the sidewalks, roadways or other common areas.
c. Unlawful noise that disturbs the peace of any area is prohibited.
d. There will be no playing on top of any retaining wall, on earth berms, or common elements or in shrubbed areas.
e. Out of consideration for your neighbors, large appliances including washers, dryers, garbage disposals, dishwashers, vacuums, should only be run between 8:00 a.m. and 11:00 p.m.
f. No organized activities such as baseball, volleyball shall use any of the common elements of the association. These activities should be set in the homeowner’s lot. Top
Enforcement Procedures Unfortunately violations do occur. Before submitting a complaint, attempt to remedy the situation or infraction, with a "neighborly" reminder!
1. Reporting Violations
Complaints concerning violations of the Rules and Regulations or any provision of the Association's documents, by an owner or tenant, must be submitted in writing to the Property Manager or Executive Board and signed by the unit owner (or tenant). The complaint or documented violation must be in sufficient detail to determine whether a violation has occurred.
2.Investigation
When possible, a representative of a committee, a member of the Executive Board, or the Management Company, shall investigate the complaint to determine whether there is reasonable cause to believe that a violation has occurred.
3. Violation Notice
If a violation exists, the Association will send a written notice describing the violation to the owner (and tenant) and instruct them to correct it within 10 days or other specific time frame. If the violation is not corrected within the time frame provided and on the eleventh (11) day a fine will be imposed. If a second complaint is received see enforcement procedure page 15 par. 5. All assessments will provide a provision for a hearing, if requested by the owner, and will indicate that the association has the right to impose penalties and/or assess fines.
4. Hearing
Owners (and their tenants) have the right to a hearing, which could either be conducted by a Committee, appointed by the Executive Board, or by the Board. If a hearing is requested, the Association shall provide notice of date, time, and place of hearing. The purpose of the hearing is to allow the owner (or tenant accompanied by the owner) to explain their action and attempt to resolve the problem. If a Committee conducts a hearing, the owner may appeal the Committee's decision to the Executive Board. Any decision made by the Executive Board is final. The owner will be notified of the Board or Committee's decision, in writing and within ten (10) days of the hearing.
5. Penalty Assessments
If an owner or tenant does not comply with the ten (10) day notice, Management Company (CPM) will, commencing on the eleventh (11th) day, impose a penalty assessment as follows:
- $ 50.00 maximum first violation
- $150.00 maximum second violation
- $300.00 each violation thereafter
6. Non Compliance In the event that an owner or tenant does not comply with the violation notice and/or does not pay the amount assessed by the Association, the Executive Board may take legal action against the owner for collection of the fines and compliance with the Association's documents.
Any expense associated with legal action and the collection of fines assessed, including court costs, attorney fees, etc., which have been incurred by the Association, shall be added to the complaint and becomes the responsibility of the owner to pay. If a judgment awarded by the court remains unpaid, the Association may place a lien for the amount of the judgment plus costs, against the owner's property.
NOTE: The Association's documents include, but are not limited to, the Declaration, By-Laws, Code of Regulations, Architectural Guidelines, Rules and Regulations, and any Resolution or Amendment adopted by the Board or Membership.