Wiltshire at Oxford Homeowners Association
Rules and Regulations
Revised August, 2003
(See the LEGAL DISCLAIMER at the end of this document.)
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.
2a. The sidewalks, entrances and
passages surrounding the homes shall not be obstructed or used for any other
purpose than ingress or egress. No
parking of cars on sidewalks
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.
2c. No motor vehicles or conveyances
shall be operated in any part of the common facilities or sidewalks at any time,
other than those required for the handicap.
3.
Outside
parking of trucks, commercial vehicles larger than a pickup truck, vehicles with
more than two axles, eighteen wheel vehicles, their tractors and /or their
trailers, trucks with mounted equipment (booms, etc…), flatbed trailers, all
terrain vehicles (A.T.V’s) 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. No
dog runs, pens or houses of any type are permitted.
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.
6.
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.
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 Submission not necessary.
Painting of hard veneers (i.e., shutters, siding, bricks) requires
approval.
b.
Decks may be
painted or stained a complimentary color to the hard veneers of the home.
TREX decking, XTENDEX decking, and vinyl railing are allowed but requires
approval. All paint or stain
colors must be complimentary to the house colors.
c.
Fencing
(split rail) may have clearwood 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 in a timely fashion, but not to exceed
48 hours. Homeowner is responsible
for replacement or repair of cracked, broken, or hazardous sidewalks, in
accordance with the Second Amendment to the Declaration of Covenants,
Restrictions and Easements, (section 9.01), whereas if the owner fails to
maintain or repair the sidewalk, the association can schedule the required
maintenance and bill the homeowner.
4.
Lawncare
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 homeowner’s 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.
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. All sheds must be
constructed of matching materials to the home.
Shingles must be dimensional shingles, and must be the same color of the
roof on the home. Information
concerning these items may be obtained from the Architectural Committee.
Window or door awnings are not permitted. Retractable awnings are allowed
over patios and decks, in the rear of the home, with prior approval. 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 no 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.
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. Removable mesh safety
fencing placed directly around pool is permitted without prior approval.
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 homeowner’s 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. Brass
numbers (identical to existing numbers) may be placed on sides of mailbox
post. Green vertical reflective
house numbers may be attached to the mailbox post in such a manner as to be
visible to emergency vehicles traveling in either direction of the roadway.
·
Natural Wood
Swing Sets are permissible, and may have a plastic slide attached to the wood
structure.
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.
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 ARC
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 could 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.
C.
Reporting Violations
1.
Any violation or apparent violation may be reported by any Association
member directly to the management company. 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
1.
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 business 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 business 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 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 business 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 will be assessed against the offending party for each subsequent day of the
violation. The fine
amount and method has been established and adopted by a Board Resolution
effective November 1, 2003. See
attached resolution for explanation of the fine process.
*
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
1. 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
15th business 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.
2.
For violation other than property violation, the Board may assess a fine
up to $150 unless a larger fine is set forth herein for any specific infraction.
In the event such fine is not paid within 15 business 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 business 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 business 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.
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 business 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.
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