Wiltshire at Oxford Homeowners Association
Rules and Regulations - July, 2001
(See the LEGAL DISCLAIMER at the end of this document.)
WILTSHIRE at OXFORD HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
JULY 2001
I. Introduction
The Wiltshire at Oxford Homeowners Association Board of Directors is charged
with the responsibility of adopting and publishing rules and regulations governing the
use of Common Facilities and to establish penalties for violation of these rules.
In meeting this responsibility, the Board desires to avoid the adoption of an
excessive number of rules and the over regulation that could result from such an
approach. Rather, the Board’s intent is to adopt and publish only those rules that are
necessary to encourage and sustain compatible relationships among members and to
preserve and enhance the values of our properties by maintaining an orderly harmony
among structures, natural vegetation and topography. It is in this spirit the Board
adopts and publishes the following rules and regulations.
In case of any conflicts between the Rules and Regulations and the
Association’s Declaration and Bylaws, the Declaration and Bylaws shall control.
Nothing in these Rules and Regulations should be intended or read to
supersede any otherwise applicable Federal, State or Local regulations governing
uses, activities or conditions of the Property. Therefore, these Rules and Regulations
are not intended to permit any conduct that is otherwise prohibited by such regulations.
Association members are cautioned that the Declaration and Bylaws contain
additional restrictions as well as rights. Therefore, members are urged to become
familiar with these documents as well as the following rules.
II. General Rules
A. Use of Meeting Place
Reserved for future use
B. Declaration and Bylaws
Any violation of the Declaration or the Bylaws shall be subject to the fine
and enforcement provisions of these Rules and Regulations, in addition to
any other remedies provided in those documents or available at law or in
equity.
C. Other and Limited Common Facilities
1. Nothing of an inflammatory or controversial nature shall be
displayed on any lot or dwelling.
1
2a. The sidewalks, entrances and passages surrounding the homes
shall not be obstructed or used for any other purpose than ingress
or egress.
2b. No motorized vehicles, bicycles, scooters, carriages, strollers,
skateboards, roller blades and similar vehicles or toys or other
personal articles shall be allowed to stand unattended in any part
of the Common Facilities at any time.
3. Outside parking of trucks, commercial vehicles larger than a pickup
truck, boats, ski mobiles, motor homes, travel trailers and other
such equipment is prohibited.
4. No unlicensed, uninspected or inoperable vehicles may be stored
outside.
5. Two dogs and two cats and other domestic pets may be kept by
owners or tenants in their home provided that such pets are neither
dangerous nor poisonous and shall not disturb or annoy other
residents. Pets shall be leashed at all times when not confined to
owner’s property. Pet owners shall clean up any litter caused by
their pet and shall dispose of any droppings that may result.
6. No construction materials, hazardous materials, large appliances,
paint cans, solvent containers or accumulation of any debris should
be allowed to accumulate on the homeowners property; it should
be disposed promptly by the homeowner in an appropriate manner.
7. Complaints regarding services or actions furnished by the
Association or its contractors shall be made in writing to the Board
of Directors who shall respond in same manner. In no event shall
homeowners interfere with, direct, complain to, or obstruct
contractors performing services or work on the Association’s
property. Nor may any assessments be withheld on account of a
homeowner’s dissatisfaction with services provided. While the
Board of Directors shall review and respond to homeowner
complaints, harassment of any Board or Committee member or any
Association contractor or employee will not be tolerated and,
without limitation or other remedies, shall be subject to a fine of up
to $300 per violation. For this purpose, harassment includes
(without limitation) use of obscene, slanderous, offensive or
libelous speech or writing, threats, intimidation or any conduct or
communication which unreasonably exceeds or deviates from
customary business practice for communicating and resolving
written complaints.
2
D. Guidelines for Exterior Maintenance of Homeowners Property
1. Painting
a. Homeowners may paint or contract to paint all painted
surfaces, doors and foundations any complimentary color to
the hard veneers (siding, shutters, masonry). Submission
not necessary. All other surfaces (i.e., shutters, siding)
require approval.
b. Decks may be painted or stained a complimentary color to
the hard veneers of the home.
c. Fencing (split rail) may have clear wood preservative applied
without approval. All other coatings require approval.
2. Roofs, Gutters and Downspouts
a. Gutters and downspouts of the existing color may be
replaced as required.
b. Roofs — small areas of roofing shingles and metal flashing
must be repaired as needed, but any repairs requiring
replacement of shingles or flashing for the entire roof must
be matched as closely as possible to the existing roof.
3. Sidewalks and driveways
a. Sidewalks and driveways are the responsibility of the
homeowners, whose responsibility it is to keep them clear of
debris and snow.
4. Lawn Care
a. Homeowners/tenants shall perform regular lawn and garden
maintenance. Growth of lawn/weeds not to exceed 7” in
height.
b. Potted plants are permitted on the front porch (steps) of
homeowners house. No approval is necessary.
c. Firewood must be stacked so as not to be unsightly to your
neighbor as well as to visitors walking or driving through the
development.
d. Excessive lawn decorations on front lawn or porch are
prohibited.
3
e. Decorative landscaping requires no approval. However, if
the proposed landscaping includes the disturbance of
grading, easements, or storm water runoff, prior approval is
required.
f. The disturbance of “wetlands” in any manner is strictly
prohibited.
III. Architectural Rules
A. Common Facilities
1. Any organized social events to be held on any portion of the
Common Facilities of the property must have prior approval by the
Board of Directors.
2. No signs, notices, advertisements or lighting of any kind may be
placed on any Common Facility without prior written approval by
the Board of Directors.
B. Limited Common Facilities
Reserved for future use.
C. Housing Structures
1. Any addition to an existing building or any exterior structural
alteration must have prior approval. Written requests are to be
sent to the Architectural Committee.
2. All plans for patio or decks (including deck covers), pools and
sheds must have prior approval. Information concerning these
items may be obtained from the Architectural Committee. Window
awnings are not permitted. Township permits are required for most
of the above.
3. Installation of full view storm/screen doors of complimentary colors
to exterior of home require ~ approval. All doors of dwelling shall
be of identical style and color. All others require approval.
Information concerning these items can be obtained from the
Architectural Committee.
4. Fences, either yard fences or on decks or patios, are not to be
used for hanging laundry, furniture covers, etc.
5. No exterior antennas shall be permitted except that satellite dish
devices not exceeding 18” in diameter shall be permitted with prior
approval as to location.
4
6. Any deck or patio privacy screen or front porch railing must be
approved prior to installation.
7. No fencing other than split rail and replacements of the same type
shall be permitted. Approval for fencing should be requested in
writing to the Architectural Committee.
8. The following items do not require approval provided all guidelines
are met.
• All exterior lighting, including floodlights, spotlights and
lampposts (one per residence) are to be installed so as to
illuminate the homeowners residence and property and have
minimal impact on adjacent homeowners’ premises or the night
sky. In general, this means that such lighting is to be directed
in a downward fashion. Security lighting may be installed so as
to illuminate a homeowner’s residence and property for the
purpose of making a residence safer at night.
• Lampposts — One lamppost or one masonry pillar with light is
permitted, provided that the right of way set aside for public
streets (twenty-five feet from center of street) is observed.
• Mailboxes - To preserve a common look to our community, the
only mailbox and its support structure allowed will be that which
appears identical to the original provided by JMCW, Inc./Frost
Development.
9. Clotheslines - No external clotheslines, clothes racks or similar
structures are permitted.
10. Portable basketball stands/nets shall not be allowed to stand in
front of dwelling (including driveways, porches, street, sidewalk).
They must be confined to the back yard. Permanent basketball
stands may only be erected in the upper one-third of the driveway
closest to the garage.
11. Homeowners are responsible for obtaining any and all permits
required by East Nottingham Township or Oxford Borough.
IV. Administrative Procedures — Changes/Improvement Requests
A. Each request for alteration must be submitted to the Architectural
Committee in writing on an Architectural Approval Request Form (see
attached). The request must contain a complete description of the
proposal including drawings with dimensions, identification of materials,
colors, etc.
5
B. To the extent feasible, applicants for alterations shall be notified of the
Committee’s decision within 30 days of the meeting at which the request
is considered. In the event the ACC does not approve or disapprove
homeowner’s request within 90 days of said meeting, the applicant shall
assume approval.
C. The Architectural Committee will act upon all requests for changes where
the proposed change is substantially similar to changes previously
approved by the Board of Directors. For all other requests, the
Committee will submit its recommendation to the Board of Directors for its
decision.
D. In no case may the applicant for change proceed with the proposed
undertaking until proper approval has been received.
E. The applicant for change may request reconsideration provided additional
or clarifying information can be supplied. Any decision by the Committee
may be appealed directly to the Board of Directors who may reverse or
modify any action taken by the Committee.
F. Copies of all Architectural Approval Request Forms will be filed according
to house number along with written decision and statement of action
taken, if any.
V. Enforcement Procedures
A. General
Wiltshire at Oxford’s Declaration, Bylaws and Rules and Regulations
have been established for the protection and benefit of Wiltshire at Oxford
homeowners and residents. The Board of Directors will administer and
enforce the provisions of these various documents through Wiltshire at
Oxford’s several operating committees.
B. Definitions
The definitions contained in the Declaration and the Bylaws are
incorporated herein. For the purposes of these Rules and Regulations,
homeowner means Lot Owner as defined in the Declaration.
6
C. Reporting Violations
Any violation or apparent violation may be reported by any
Association member to an Architectural Committee member or any
member of the Board of Directors. The report must be
accompanied by the section in the Rules and Regulations, By-
Laws, or Declaration that is being violated. The reported violation
will be referred to the appropriate operating Committee. The Board
of Directors will determine the Committee to receive the reported
violation.
D. Notification of Violation and Orders for Correction
A designee of the Committee shall discuss the violation with the
party and write to the party and request that the violation be
corrected on or before a date specified by the Committee
designee.
2. If the violation is not corrected by that date, the Committee will then
refer the matter to the Board of Directors in writing within 10 days
setting forth the nature of the violation, the date the party in
violation was contacted and any other information which in the
judgment of the Committee member would be useful in the
resolution of the matter.
3. The Board will send a return receipt certified letter to the party in
violation which sets forth:
* The nature of the violation with reference to the specific
provisions of our documents being violated.
* The necessary corrective measures to be taken.
* The date by which the corrective measures shall be
completed.
* The nature of further action which may be pursued if the
violation is not corrected by the date specified.
* The party in violation may, on receiving notice thereof,
request a hearing before the Board. To request such a
hearing, the party must advise the Board in writing no more
than 10 days from the mailing (postmarked) date of the
letter.
4. After the date specified for completion of the corrective measures
in the case of property violations, the Board will determine, by
7
inspection of the property, if necessary, if the required corrective
measures have been completed.
5. If corrective measures are complete or substantially complete, the
Board will authorize notifications that the violation has been
removed.
6. If the violation has not been corrected, the Board will send a
second return receipt certified letter to the offender. This letter
shall state that:
* The party has been notified of the violation and of the
necessary corrective measures and has failed to correct the
violation within the time specified in the first notice.
* In the case of property violations, the party has 15 days from
the date (postmarked) of the second notice to complete the
corrective measures and to request the Board to verify such
completion after which a stated per diem fine may be
assessed against the offending party for each subsequent
day of the violation. Note: Fine amounts and the method.
time. and place for the payment of fines will be established
by resolution of the Board and may be reevaluated
periodically. Unless determined otherwise by the Board.
each day a violation continues after notice is considered a
separate violation.
* It is the sole responsibility of the homeowner to contact the
Board in writing to request that the Board inspect the
completed corrective measures in property violations. As
long as the Board has not been so contacted, the
homeowner’s property will be considered to be in violation
and any applicable fines will continue to be assessed.
E. Fining and Legal Procedures
For the property violation, if the Board has not been contacted to
inspect the property to determine whether the necessary corrective
measures have been completed by the I 5th day after the date of
the second letter, the violating homeowner may be assessed the
fine established by the Board for each day that the homeowner’s
property is considered to remain in violation. Such fine shall not
exceed $25 per diem. A homeowner’s property will be considered
not to remain in violation only when such homeowner contacts the
Board to request that they inspect the completed corrective
measures and then only if the Board’s subsequent inspections
verify that the necessary corrective measures have been
completed.
8
2. For violation other than property violation, the Board may assess a
fine up to $100 unless a larger fine is set forth herein for any
specific infraction. In the event such fine is not paid within 15
days, the Board of Directors may take necessary steps to establish
a lien against the owner’s property. For second or other repeated
or multiple violations, the fine may be up to $300 per violation.
3. If the Board determines to assess a fine, either for a general rule
violation or a property violation, the offender shall be advised by
return receipt certified letter of the amount of the fine and the date
the fine will commence, which shall be no earlier than 10 days
following the mailing date of the letter. If the offender has not
previously been allowed a hearing or notified of his/her right to
request same (e.g., in the case of a general violation not entailing
prior correction notices), the letter to the offender shall be advised
of the right to request a hearing within 10 days as provided in C3
above. The collection of the fine may be enforced against any
homeowner as if the fine were an assessment owed by remedies
set forth in Article VI of the Declaration and otherwise available
under the Wiltshire at Oxford Homeowners Association documents
and at law, against any homeowner who does not pay, when due,
any fines assessed against him under the provisions set forth in
these rules.
4. If a hearing is requested under Section C3 or under Section D3,
the Board of Directors shall suspend the time period for any
applicable corrective action enforcement and/or fines until
conclusion of the hearing, at which time the order for corrective
action or further enforcement and/or fines may be reinstated, and,
if applicable, compliance with corrective action may be ordered by
a new certain date, or the order for corrective action, enforcement
and/or fine may be withdrawn or modified. If a hearing is
requested, the Board shall notify the owner of the date of the
hearing. The owner and any other owner interested may present
any information or statements at the hearing. The owner in
violation or the Board may, but shall not be required to, notify
adjacent homeowners and/or other potentially affected owners of
the time and place of the hearing.
5. If the Board is requested to inspect the property in question and
the corrective measures are complete or substantially complete, a
written notice so stating will be forwarded to the homeowner stating
that the property is now in compliance with the rules and stating
the amount of the fines owing by the homeowner, if any, and the
method, time and place of payment of such fines.
9
6. If the decision is made to initiate legal actions, the Board, through
its attorney, will send a notice by return receipt certified mail
notifying the homeowner that he/she has 15 days to correct the
violation, after which time legal action may be initiated that the
Association reserves the right to recover from the homeowner, in
addition to fines which shall continue to accrue, any costs incurred
by the Association in connection with such legal action, including
reasonable attorney fees.
F. Disclaimer
Neither the Homeowners Association, nor any of its officers, directors or
agents (management company) shall be liable in damages to anyone
submitting any plan or request to them for approval, or any other owner
affected hereby, by reason of mistake in judgment, negligence or
nonfeasance arising out of or in the connection with the approval or
disapproval or failure to approve, any such plans or request. Every owner
who submits any plan or request to the Wiltshire at Oxford Homeowners
Association for approval agrees by submission thereof, and every owner
agrees by acquiring title to any portion of the property, that he will not
bring any such action or suit to recover any such damage.
10
LEGAL DISCLAIMER: The information contained in the legal documents posted on this web site is not guaranteed to be 100% accurate.
If any homeowner at Wiltshire at Oxford would like a copy of the original documents, they may contact CCR Management. These web based documents are intended only as a quick reference or guide, and are not legally binding representations of the actual documents. Thank you for your patience and understanding in this matter. END OF LEGAL DISCLAIMER