IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed the seal of
said Association this 9th day of April, 2002.
LAUREL HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
RESTRICTING USE OF UNITS AND COMMON PROPERTIES
effective March 2002
These Rules and Regulations are a formal statement of minimal requirements for safe and courteous use of our Common Areas and maintenance of our respective dwelling units. They are designed to help us fully enjoy our community and maintain its value.
1.
PURPOSE
A. It is
the sense of the Board of Directors of Laurel Homeowners Association that a
consistent, fair and enforceable set of Rules and Regulations is desirable as a
guide to Unit Owners and others who at any time enter onto the Common Properties
(premises) of the Association.
2. COMPLIANCE WITH DECLARATION, BY-LAWS AND RULES AND REGULATIONS
(1) Declaration, recorded 2-14-78 in Misc. Book Volume 346, Page 950;
(2) Supplemental Declaration No. 1, Misc. Book Volume 357, Page 1285;
(3) Plan of Laurel Springs, recorded in Plan Book Volume 40, Page 7;
(4) By-laws of Laurel Homeowners Association, as amended;
(5) Rules and Regulations (latest published edition).
3. DEFINITIONS
All terms used in these Rules and Regulations shall have the meanings defined in the By-laws of the Association.
4. ENFORCEMENT
Enforcement of the Declaration, By-laws, Rules and Regulations and Architectural Control Standards will be pursued as follows:
A. Complaints of violations may be initiated by the Board of Directors and/or Management employees.
B. Complaints of violations may be initiated by residents in written or verbal form. Complaint forms may be obtained in the Association office. Forms must be signed; anonymous complaints will not be processed.
C. In the event a condition is noted within Laurel Springs which immediately threatens the health, safety or welfare of any person; it should be reported to the Office, or any member of the Board, as soon as possible. Such conditions will be dealt with as quickly as possible; and fines, if any, will be considered after correction is complete. The Board retains the authority to take any and all immediate action it deems appropriate to correct safety issues on the Common Properties.
D. The Association will investigate all parties involved with properly submitted complaints to determine the facts of the situation.
E. If it is determined that a violation exists, the Association will make one attempt to resolve the problem informally. The responsible party will be notified in writing of the need for immediate correction.
F. If the violation continues, formal action will be taken, including a formal hearing in front of a committee appointed by the Board of Directors. The committee shall be comprised of at least three (3) members of the Association, voluntarily serving to act as fact finder and make a decision on the matter and the imposition of fines. These members may not be members of the Board of Directors. The Hearing Committee will provide at least thirty (30) days written notice of the hearing upon the Member alleged to be in violation and upon other interested parties. If the matter is found against a Member, any fines imposed must be paid in full within thirty (30) days of the committee’s decision. An appeal of the Committee’s decision may be made by the Member to the Board of Directors. Request for appeal must be made to the Board of Directors in writing within thirty (30) days of the Hearing Committee’s decision. The request must be mailed to the office via registered mail, return receipt or delivered in person with receipt having been acknowledged in writing at the time of delivery. A hearing will be scheduled in front of the Board of Directors within sixty (60) days of the date the appeal is received. Such notice shall be provided at least thirty (30) days in advance of said hearing.
G. The Association will maintain records of all valid complaints, investigations and fines levied. This record may be viewed by any Unit Owner upon written request.
H. After a hearing and a determination of a violation, the penalty for any person(s) in violation of any section of the Declaration, By-laws, Rules and Regulations and/or Architectural Control Standards will be subject to fines which may be imposed as follows:
· First Like Offense - One Hundred ($100.00) Dollars
· Second Like Offense (within twelve months of a prior offense) - Two Hundred ($200.00) Dollars
· Third Like Offense (within twelve months of a prior offense) - Three Hundred ($300.00) Dollars
· Each Like Offense thereafter (within twelve months of a prior offense) escalates at a rate of One Hundred ($100.00) Dollars per offense
I. Any fines that are levied are the responsibility of the Unit Owner. The Unit Owner will also be responsible for any costs incurred for collection, including legal fees and court costs. Payment of fines and costs shall be made within thirty (30) days upon being imposed. No property owned by any Unit Owner against whom a penalty has been imposed may be conveyed free of the lien of the fine and costs until the fine and costs are paid.
J. Note: Fines levied as a result of a determination of a violation shall be a lien against Owner’s Unit as provided under the terms of the Declaration and By-laws of the Association. Unit Owners will be responsible for payment of all fines associated with their units, together with costs of filing, prosecution and collection. Fines not paid within thirty (30) days of notice to the Unit Owner may be collected by a civil complaint with the District Justice and/or in court against the Unit Owner. All such fines and costs together with interest of not more than fifteen (15%) percent per annum, will have to be paid before any conveyance of the property may be free of the lien.
5. RULES AND REGULATIONS SPECIFIC TO PROPERTY USE
A. Residential Use Only
(1) No part of the Units may be used for any purpose except residential housing, and no part of the Common Properties may be used for any purpose except the common transit and recreational purposes for which they were designed. Each Unit shall be used solely as a single-family residence as defined by Exeter Township Zoning Ordinance Chapter 27, Section 201. No portion of any Unit may be used for professional, industrial, trade or business use, whether or not accessory to residential use, and whether or not permitted as a right or by special exception under any local zoning ordinance.
B. Obstructions and Preservation
(1) There shall be no obstruction of the Common Properties and nothing may be stored or kept on the Common Properties without the prior, written consent of the Association, in accordance with the Architectural Control Standards. Each Unit Owner shall be obligated to maintain and keep in good repair his own Unit and structures erected thereon, to the extent of his ownership. The obligation to maintain shall include, without limitation, the exterior paint and roofing.
C. Safety Considerations
(1) Nothing shall be done, kept or stored on the Common Properties which could jeopardize the health or safety of any persons or property, increase the rate of insurance on any structure, jeopardize the applicability of such insurance or result in the cancellation of such insurance, or which would be in violation of any law.
D. Storage of Hazardous Materials
(1) Other than normal household supplies, no Unit Owner, occupant, guest, servant, employee, licensee or visitor may, at any time, bring into, keep or store in any Unit any flammable, combustible or explosive fluid, material, chemical or substance, unless it is stored in conformity with any and all applicable State and Local Ordinances.
E. Pets
(1) Pets may not be allowed to roam at large on the Common Properties beyond the individual Unit boundaries owned in fee by the Unit Owner.
(2) Except as provided in the Declaration, no pet under any circumstances may be outside unless it is on a leash and accompanied by its Owner or his designee. Leashes are not to exceed fifteen (15’) feet in length.
(3) Leashes may not be stored, attached or affixed in any way, temporarily or permanently, to the interior or exterior of any unit, to include, but not limited to, walls, doors, decks, patios, light poles, trees, common property or other devices.
(4) As noted in the Declaration, Article VII, Section 7.2(d), no Owner shall allow any pets of any kind or nature to roam at large beyond the confines of the exterior privacy court fence at the Unit belonging to the Owner.
(5) No Owner shall own or maintain more than one (1) pet of any kind or nature whatsoever.
(6) All Unit Owners who own or possess pets of any kind or nature whatsoever shall be solely liable for all actions or behavior of said pets and shall hold harmless the Association of any and all legal liabilities.
(7) All solid waste from all pets of any kind or nature using the Common Properties shall be picked up immediately after deposit on the Common Properties, including on exclusive easements.
(8) No pets of any kind or nature may be bred, raised or maintained for profit.
F. Structural Integrity
(1) Nothing may be done on any Unit or on the Common Properties, which could impair the structural integrity of any building or change the appearance of any building.
G. Exterior Work Permits
(1) A permit issued by the Association is required, in addition to all applicable township permits, for any work to be performed to the exterior of any building or Unit within an Owner’s easement. This requirement includes, but is not limited to, painting, roof replacement, windows, siding, decks and doors. A permit is required whether the work is to be performed by the Owner or a Contractor. If any work done is not in compliance with the architectural standards maintained by the Association, it may be required to be brought into compliance or the property restored to its original condition at the Owner’s expense. Applications for a permit may be obtained at the Association office at no cost.
H. Appliance Installation
(1) All radio, television or other electrical or mechanical equipment of any kind or nature installed or used on each Unit shall fully comply with all rules, regulations and recommendations of the Board of Fire Underwriters and the public authorities having jurisdiction. All installations shall also comply with the current Architectural Control Standards. Unit Owners shall be solely liable for any damage or injury caused by any such installation. Satellite dish antennas of only one (1) meter or less may be installed.
I. Storage Structures and Hanging of Laundry
(1) No storage building of any description may be erected anywhere on the properties or any Unit without prior written approval of the Association, in accordance with the Architectural Control Standards. Written permission must be obtained prior to replacement or alteration of existing structures.
(2) No clothes, sheets, laundry or other articles may be hung from the building or on any Unit or on the Common Properties. No rugs, mops or other cleaning supplies may be hung from any door or window of any building.
J. Vehicles
(1) Parking spaces on the Common Properties are for the exclusive use of the personal vehicles of Unit Owners, tenants and their invitees. There are no assigned parking spaces. Vehicles cannot exceed the dimensions of the lined parking spaces. No vehicles shall be parked in such a way so as to obstruct or impede the travel portion of any roadway. Commercial vehicles* are not to be parked on the Common Properties, except when their users are actively servicing one or more Unit Owners’ needs. No trucks, RVs, campers, all-terrain vehicles, trailers or boats (with or without trailers) may be parked on the Common Properties.
* Commercial Vehicles are defined as:
· Vehicles whose carrying capacity is in excess of one and a half (1-1/2) tons;
· Vehicles having more than two (2) axles; and/or
· Any vehicle carrying extraneous building materials, ladders, etc., on the outside.
(2) Vehicles found in violation of this rule are subject to towing and storage at the direction of the Association, after 24-hour notice has been posted on the vehicle. Vehicle owners are solely liable for any and all damages as a result of towing and storage of vehicles found in violation of the governing documents.
(3) No unregistered or uninspected vehicle may be kept or driven on the Common Properties. No motorized vehicle may be operated on the Common Properties, except by a licensed driver.
(4) No motor vehicle maintenance, which shall include, but not be limited to, oil changes, engine repair, body work, etc., shall be permitted on the Common Properties at any time.
(5) Owners of motorcycles are encouraged to park more than one such vehicle per parking space in order to accommodate as many full-sized vehicles as possible.
(6) No vehicle may be driven over or parked on any non-paved area or walkway of the Common Properties. Owners may apply for a permit at a cost of Fifty ($50) Dollars per day in accordance with the Architectural Control Standards for the allowance of vehicles on the Common Properties. Any violation of this rule will subject the Owner and driver of such vehicle to an immediate land use fee of One Hundred ($100) Dollars per day plus fines and expenses to repair any resulting damage. Owner and driver of said vehicle agree to hold harmless the Association from any and all liability associated with its use on the property.
(7) Note: If a resident needs to bring any boat, camper, trailer, etc. onto the Common Properties, s/he must first obtain a permit from the Association. The permit will be given at the discretion of the Board at no cost and will specify the purpose for bringing the vehicle onto the property and the duration of that purpose.
K. Personal Property on Common Properties
(1) Personal property must be removed from the Common Properties when not in use, in order that grass may be cut and snow removed in a timely and efficient manner.
L. Signs and Decorations
(1) Unit Owners are permitted to place “For Sale”, “For Rent” or “For Lease” signs on the inside of the Unit, but in no event will any sign be larger than two (2’) feet by two and a half (2-1/2’) feet in size. No signs are permitted on the Common Properties or exterior to the Unit, including on the exclusive easement.
(2) No other signs whatsoever are permitted without prior written approval of the Board.
(3) Decorations are permitted only in accordance with the Architectural Control Standards.
M. Modifications of Units
(1) Permitted as outlined in the Architectural Control Standards.
N. Utility Ownership and Maintenance
(1) Unit Owners are the owners of, and must maintain and repair as needed: sewer laterals serving their Unit to the outer edge of the exclusive easement, and water laterals serving their Unit to the individual shutoff valve external to the Unit.
(2) Underground Storage Tanks (UST) or oil tanks are the sole responsibility of the Unit Owner and must conform with all federal, state and local standards and must meet new testing standards. Unit Owners with a UST are required to provide proof of insurance as designated by the Board of Directors upon request.
O. Amenities, including Swimming Pool, Tennis Courts and Clubhouse
(1) The Association may charge guests for the use of any amenity, and may limit the number of guests who may use any amenity.
(2) The swimming pool may be used only when a qualified lifeguard in the employ of the Association is on duty. Rules of behavior for the swimming pool and pool area will be promulgated from time to time by the Association, and posted in the pool area. Unit Owners and their invitees shall abide by such rules.
(3) The clubhouse is available for members use subject to the rules of use promulgated from time to time by the Association. Unit owners and their invitees shall abide by such rules.
P. Trash
(1) All trash must be enclosed in plastic bags (to prevent being blown around) and placed in a dumpster. No household goods, furniture, etc. may be placed in, on or near dumpsters for removal, except during special collections arranged for by the Association.
Q. Collection of Assessments, Fees, Fines and Charges
(1) Monthly installments of annual assessments, including applicable fees, fines or other charges levied by the Association, are considered delinquent if not paid within five (5) days after the due date. If payment is not received within fifteen (15) days after due, a late charge of Ten ($10.00) Dollars per item will be added, and be immediately due and payable.
(2) Any assessment or other debt not paid within thirty (30) days after due will be referred to collection. Interest thereon will accrue at not more than fifteen (15%) percent per annum on the amount outstanding. The Unit Owner will be responsible for all costs of collection, including legal fees and court costs.
(3) In the event any monthly installment of the Annual Assessment is not paid within ninety (90) days after due, the balance of that year’s annual assessment will become immediately due and payable.
6. INTERPRETATION OF RULES AND REGULATIONS
A. In the event of any challenge to interpretation of any one or part of any of these Rules and Regulations, the interpretation of the Association shall prevail.
7. REVISION OF THESE RULES AND REGULATIONS
A. These Rules and Regulations may be amended, at a regular or special meeting of the Members of the Association, by a vote of twenty-five (25%) percent of the entire Membership by vote or written proxy collected before or during the meeting, provided; however, that those provisions of these Rules and Regulations, which are governed by the Declaration, may not be amended except as provided in the Declaration. All changes to the Rules and Regulations will be sent to the Members not more than sixty (60) days nor less than thirty (30) days prior to the meeting and shall take effect sixty (60) days after approval of the membership. No new Rules and Regulations can be enforced until thirty (30) days after its publication and distribution to the membership via US Mail to the last known address of the Owner.
IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed the seal of
said Association this 9th day of April, 2002.