Rules & Regulations

Table of Contents

SUBJECT

Introduction
Common Charges
Parking or Storing Vehicles
Water
Garbage/Pet Litter
Common Areas/Grounds/Elements
Pets
Barbecue Grills
Insurance Policy
Snow Removal
Violations to Rules and Regulations
Grievances
Deck Stairs
Delivery of Rules & Regulations
Satellite Dish
Commercial Vehicle Definition

 

Introduction

Dear Homeowner;

Rules and regulations are designed to clarify and implement the covenants stipulated in the Association’s bylaws. The bylaws provide that governing boards have the authority to adopt rules in furtherance of the bylaws.

These “Rules and Regulations” are not newly invented restrictions that do not already exist; rather they provide for specific means of implementing the covenants of the bylaws.

In effect, what we have tried to accomplish herein is to develop a code of conduct for the safety, security, and well-being of all residents of the community of Timber Ridge II, as well as the preservation of the property of the Association.

The Board of Directors thanks the three ad hoc committee volunteers of the Association who gave their time and insight into the re-vamping of the Rules. We needed their input to assure an even-handed, practical approach to the life-style of residents in Timber Ridge II.

Board of Directors

 

I. COMMON CHARGES

A) PAYMENTS

1) Common charges are levied yearly and the total sum is due upon notification of these charges by the Board of Directors. The Board of Directors has agreed on a year-by-year basis with each individual homeowner of Record to accept from such homeowner monthly payments in lieu of the one yearly lump sum. This agreement may be terminated at any time by the Board of Directors and is therefore subject to the understanding that the homeowner makes the monthly payments in a timely manner and in accordance-with-Board Policy. In the event the homeowner becomes delinquent in monthly payments or any other monies due and owing to the Association, the Board of Directors,at their sole option, may revoke this agreement with the homeowner and make demand of the immediate payment of the remaining yearly balance.

2) Monthly payments are due on or before the first (1s t) day of each month. Accepted forms of payment are: personal check, certified check, bank or cashier’s check, bank or postal money order.

NEVER ACCEPTED AS-PAYMENT-AREXASH, THIRD PARTY CHECKS, STAMPS, WIRE

TRANSFERS AND CREDIT CARDS.

3) If payment is not received (postmarked) by the tenth (10 th) day of the month due, an administrative fine in the amount of twenty-five {$25.00) dollars will be levied and will become due and payable as additional common charges.

4) If the payment received is an incorrect amount, the homeowner will be invoiced the correct amount due. If the correct amount is them forwarded it must be received in accordance with paragraphs one and two (1 and 2) above and must be received by the tenth (10 th) day of the month due or the administrative fine will be levied and become due and payable as additional common charges.

5) In the event payment in full including all fines and penalties, is not received by the tenth (10 th) day of the second (rd) month due, an additional administrative fine in the amount of fifty ($50.00) dollars will be levied and will become due and payable as additional common charges. In addition, the Association attorney or other party will be instructed to send a demand payment letter, and if payment in full is not received by the twentieth (20 th) day of the month due, to them proceed with a lien and/or judgment and/or against the homeowner in question.

6) In the event payment in full, including all fines and penalties, is not received by the tenth (10 th) day of the third (3rd) month due, the monthly payment agreement with the owner of Record will be cancelled forthwith. The balance of all common charges will them be due in full and owing and the Association attorney will be instructed to start foreclosure proceedings or personal judgment proceedings immediately.

7) If a homeowner chronically pays late, then as a result, paragraphs five (5) and six (6) above will become effective thirty (30) days sooner; or the Board of Directors at its sole option may invoke its privilege to require payment of the annual common charge in advance

B) RETURNED CHECKS

1) If a common charge check is returned by the bank for any reason whatsoever, a processing fee in the amount of $25.00 will be levied. The return check will not be redeposited and will be returned upon receipt of a new check. In the event the returned check is received after the fifteenth day of the month, late payment fines will be levied in addition to the reprocessing fee.

2) If a second common charge check is returned by the bank for any reason what so ever, a personal check will no longer be accepted.

As a result, all future payments must then be made by certified, bank or cashier’s check or bank or postal money order only, until such time as the Board of Directors may at its sole discretion to agree to accept personal checks from the homeowner.

II. PARKING OR STORING OF VEHICLES

A) Open or common parking areas shall not be used for any purpose other than to park passenger type vehicles. The following are not permitted: campers, trailers, trucks, mobile homes, boats and/or trailers, vehicles with commercial plates, vehicles with signs, commercial lettering or advertisements, or unregistered vehicles of any type. _Parking on grass or landscaped areas is specifically prohibited, as is parking in those areas designated by sign as no parking zones.

1) An unregistered vehicle shall include, but is not limited to the following definitions:

a) No plates on vehicle (temporary registration and/or plates placed in front windshield are acceptable)

b) No current registration-sticker on window

c) No current inspection sticker on window

d) Vehicle left in state of disrepair

e) No wheel or wheels

f) No method of moving vehicle under its own power

g) Missing front windshield

B) Parking spaces are intended primarily for the use of residents. These spaces may be used by guests of residents providing that such use does not deprive residents of needed parking spaces.

C) Storage of trailers, campers, trucks, boats or vehicles with commercial plates, vehicles with signs, commercial lettering or advertisements or unregistered vehicles of any type is not permitted in any parking spaces or anywhere on the property. When a violation occurs a notice shall be placed on the front windshield or affixed to the hood or side window demanding that any of the above be removed from the property on or before three (3) days from the date of the notice. Otherwise, any of the above, as notified, will be removed from the property at the owner’s sole risk, cost and expense. Any expense incurred by the Association as a result of this removal will be billed to the owner as additional common charges.

D) Storage of unregistered vehicles: No vehicle may be stored without Board of Directors approval in any parking space for longer than seven (7) days. The Board of Directors may determine where and how long a vehicle may be stored. When a violation occurs a notice will be placed on the front windshield of the unauthorized stored vehicle demanding that the vehicle be moved-on or before five (5) days from the date of notice. Otherwise the vehicle will be removed from the property at the owner’s sole risk, cost and expense. Any expense incurred by the Association as a result of this removal, will be billed to the owner as additional common charges.

E) No overnight parking is allowed on roadways.

F) In parking areas in which there are limited spaces, The Board of Directors reserves the right to limit the number of vehicles an owner can park in that lot.

G) No one may park in a fire zone,

H) The Board of Directors shall remove any vehicle which is in violation of these rules and regulations, at the owner’s sole risk, cost and expense. In addition, the Board shall impose a fine not to exceed twenty-five-($25.00) per violation per day. This fine will be considered as additional common charges and may be levied in addition to, as well as in lieu or a removal.

I) All vehicles shall park on the right side of the street in the direction of traffic flow.

J) When not in use, all common area garage doors must be kept closed.

III. WATER

A) Water is part of the common charge_ Leaky faucets, toilets, etc., must be repaired promptly by the unit owner.

B) Exterior water connections: All hoses and other connections will only be permitted from April 1st to October 31st. If hoses and other connections are not removed and stored indoors between November 1st to March 3lst, they may be removed-rimed-or disposed of at the owner’s sole risk, cost and expense. Exterior leaky faucets should be reported to management.

 

IV. GARBAGE / PET LITTER

A) All garbage -must be put into plastic-ba,ss-suitably closed with fasteners to prevent spillage. All boxes and carton must be flattened and bound. All garbage is to be placed into the bins designated as such.

Other waste products such as paper, glass, or plastic containers, must be placed in the appropriately designated location in the recycling shed only. No garbage of any type is to be deposited in any area except inside the trash containers. If trash containers are full, another location must be used.

B) Pet litter must be put in sealable plastic bags and carefully deposited in trash containers.

V. COMMON AREAS / GROUNDS / ELEMENTS

A) No modification, addition or change of any kind will be permitted to the exterior of any unit, to the common property or to the common elements, which includes all grassed and landscaped areas until a formal request is made in writing to the Board of Directors and a written approval is granted by the Board of Directors.

B) Any violation will immediately subject the offender to fines, rework expenses and/or legal action.

C) There should be no obstruction, destruction or interference with the paved, grassed and shrubbed parts of the common areas.

D) Bicycle or other wheeled vehicle riding or-other_forms of activity that abuse or damage the common area or the rights of adjacent unit owners is strictly prohibited.

E) Extension cords, wires, ropes, nets or the like are not permitted on the common areas.

F) The use of common walls, roofs, sheds or garages, including the door, shall not be used for anything but their intended purpose. This specifically excludes use as a back-stoop for ball playing and other sports activities.

G) Planting boxes of any nature are the unit owner’s responsibility to repair; replace and maintain.

H) Lawn watering: Watering of grasses areas and plantings around a unit and up to the roadway will be the responsibility of the unit resident. Watering must be done at least two (2) times per week, weather permitting, from April lstthrough September 30th. As per local ordinance, watering will only be carried out between the hours of six-(6)-p.ia–anci nine (9) p.m. Each unit owner will be responsible for notifying their tenant, if any, about this obligation. Furthermore, the unit owner will be fully responsible for their tenant’s failure to do the necessary watering.

I) No personal articles, such as but not limited to toys, wheeled vehicles, games shall be left out or stored overnight on the grassed or other common areas. All articles must be stored overnight within the unit. Articles left out may be removed and stored or disposed of at the owner’s sole risk, cost and expense.

J) Firewood for unit owner’s or tenants personal use may be stored only on or below patios, decks, porches or within four (4) feet of rear unit foundation.

K) Landscaping: Plantings by unit owners of decorative trees, shrubs, flowering and non-flowering vegetation, etc. and subsequent replacement of same, is permissible within four (4) feet of any unit. Such plantings are-to-be-maintained -by-contracted landscaper (subject to existing and future contract terms and/or expressed unit owner instructions). Such plantings are not to interfere with adjacent properties or common areas.

VI. PETS

A) All pets must be leashed and under the control of their owner(s) when outside the unit.

B) All pets must be walked to the natural areas in close proximity to the pet owner’s unit. Pet droppings must be picked up by the owner and properly disposed of as and when they are created.

C) No pet may be tied and left unattended outside of any unit or on common areas.

D) No pet is permitted to create a nuisance or disturbance to other residents.

E) All complaints from affected residents must be in writing and directed to the Board of Directors through the management office. Please include the following information in any complaint: time, date, location, a description of the pet involved and the type of violation.

F) In the even the pet owner is a tenant, the unit owner will be held fully responsible for their tenant’s acts. Furthermore, all violations and complaints will be directed to the unit owner and not the tenant.

VII. BARBECUE GRILLS

A) Barbecue grills are not permitted on common grounds. Use and storage will be permitted only on the unit owner’s deck or patio, unless prohibited by fire codes or other municipal restriction.

 

VIII. INSURANCE POLICY

A)     Every unit owner must send evidence of their Homeowner’s insurance policy to the Management of the Association, as per page thirty-seven (37) of the bylaws. (See following paragraph). The policy must be for the replacement cost of the unit. It must be a homeowner’s policy for a single-family dwelling. We are not a condominium and-therefore, CONDOMINIUM INSURANCE IS NOT APPLICABLE. Do not send the entire policy, but a copy from your insurance company stating that you are insured and the amount of your insurance. Note: the following is excerpted from the bylaws: “ARTICLE IX INSURANCE — section 1 Maintenance of Insurance. Each owner of any living unit by acceptance of a deed or other conveyance, covenants to carry, maintain, timely pay the premium or premiums on and give the ASSOCIATION notice within thirty (30) days of acceding to ownership, or the existence of a policy of fire, extended-coverage, vandalism and malicious mischief, with all-risk endorsement insurance to cover a minimum of the entire replacement cost of the living unit location on such lot and parking shed assigned thereto, and to place same with an insurance company authorized to do business in the State of New York. Copies of subsequent renewals will be forwarded annually to the Management Office for review and evaluation to insure that all policies are in compliance with this requirement. The ASSOCIATION shall provide public liability insurance covering the common area in such amounts as may be determined-at the discretion of the Board from time to time. The ASSOCIATION shall also provide Workmen’s Compensation insurance and fidelity bonds for such officers and employees and in such amounts as it is determined necessary by the Board.”

IX. SNOW REMOVAL

A) After the roads have been plowed, all vehicles must be removed from their driveways by 8 am. After driveways are plowed, cars should be returned to driveways as soon as possible. Vehicles parked on roadways or grass areas are subject to fines being levied and/or towed at the owner’s sole risk, cost and expense.

B) No overnight parking is allowed on any roadway at anytime for any reason.

X. VIOLATIONS TO THESE RULES AND REGULATIONS

A) Upon receipt of notification of a violation, receipt may be written or verbal depending on circumstances or as noted elsewhere, the offender will be given a written warning and if necessary a period of time to remove the violation. Failure to remove the violation or a repeat of the violation will result in the levy of a fine. Such fines-shall-be considered as additional common charge. Such one shall not exceed $25.00 per day per violation.

XI. GRIEVANCES

A) DEFINITION: A grievance is a complaint to the Board of Directors by a homeowner or group of homeowners, concerning alleged violation of the Declaration of Covenants and Restrictions and to those Rules and Regulations promulgated by the Board of Directors. All grievances must be submitted in writing to the Board of Directors through the management office.

B) GRIEVANCE PROCEDURE

1. The Board of Directors, or a designated committee, shall attempt to confirm the grievance.

2. If the grievance appears to the Boardof Directors to have substance, the offending homeowner shall be served personally, or by mail, a notice of violation giving fifteen (15) days to terminate the condition, or to serve and answer.

3. The offending homeowner shall have five (5) days from the receipt of a notice of violation to apply for an extension of the fifteen (15) days period.

4. After the extension of fifteen (15) days, or any extension that has been granted, the Board of Directors shall invoke appropriate sanctions or take other action.

5. The offending homeowner shall have the option to correct the condition at his or her own expense.

6. If the offending homeowner does not correct the violation within the fifteen (15) day period, or the extended period, said homeowner shall be assessed by the Board of Directors that amount necessary to correct the condition.

C) FAILURE TO COMPLY WITH THE BOARD’S DECISION

1. If there is a failure by the offending unit owner to comply with any decision of the Board of Directors, the Board shall take steps to enforce its decision by the levy of fines and legal action.

XII. DECK STAIRS

A)     In all cases the maximum additional space (total deck/patio foot-print) will be limited to an additional fifteen square feet above and beyond the allowable square feet of a deck/patio for that style unit

XIII. SATELLITE DISH REQUIREMENTS

• Must fill out an architectural review form

• Maximum 18 inch diameter

• Grey in color

• No wires showing on the exterior

• Not allowed on the roof shingles

• Be considerate of your neighbors in deciding placement

• Recognize that the homeowner is responsible for any damage caused as a result of the satellite

XV. DELIVERY OF RULES & REGULATIONS

A)     To insure immediate compliance with these Rules & Regulations, the Management Company will endeavor to provide new residents with the most current edition on or before moving day.

XVI. Commercial Vehicles

With respect to the prospectus the Board of Directors of Timber Ridge Phase II defines the following terms:

Commercial Vehicle and/or Truck: Any vehicle that meets any of the following criteria:

1. Has any type of lettering/numbering that advertises a business, service or organization etc. (excluding the any dealer/manufacturer seals/markers that are present on new vehicles).

2. Has any type of “Tag/License Plate” other than passenger/antique; including but not limited to; commercial, livery, semi, apportioned, camper, federal, state, local government etc.

3. Vehicles with a gross empty weigh over 8500 pounds

4. Vehicles with more than 2 tires per axle.

5. Vehicles with more than 2 axles.

6. Vehicles with tires larger than Manufacturer’s recommended size(s)

7. Vehicle with commercial type roof/side rack(s) (for ladders, pipe, scaffolding, glass, lights etc). This does not include passenger type luggage racks.

8. Vehicle with storage compartment(s) mounted/placed in/to the rear portion of the vehicle that is/are in plain view. This does not include compartments that are covered/enclosed in a “cap/tarp” like enclosure.

9. Vehicle with any type of mounted snow removal equipment.

 

Certificate of Resolution

Approved on April 16, 2013

Record Held in Management Office

TIMBER RIDGE ASSOCIATION OF HIGHLAND MILLS, INC. (“ASSOCIATION”)

 

 

Whereas a home owner’s failure to timely pay maintenance assessments adversely effects the ability of the community to properly function, and unfairly impacts all other members; and Whereas the Board of Directors (“Board”) has traditionally sought unpaid maintenance assessments through the use of collection letters, liens and lawsuits; and

Whereas the Board has determined that the traditional collection methods are no longer as effective as needed to ensure timely payment of maintenance assessments; and

Whereas the Board has determined that, in order to more effectively collect unpaid maintenance assessments, it is necessary and desirable to have more collection options; and

Whereas the Board has broad authority to collect maintenance assessments and expenses from the members, and to adopt and amend rules and regulations governing the operation and use of the ASSOCIATION property and common areas, including parking areas; and

Whereas the Board has previously adopted this resolution in substantially similar terms, but the minutes of the previous meetings do not fully set forth the terms of the enforcement procedure, and therefor the Board has determined to more fully and formally set forth the parking privilege revocation rule and regulation;

NOW THEREFORE, in order to more effectively manage, operate and maintain the ASSOCIATION, and to more effectively collect maintenance assessments, it is resolved, that:

The Rules and Regulations of the ASSOCIATION are amended to provide that the Board of Directors may suspend the right of any home owner to park on ASSOCIATION property as follows:

1. In the event maintenance assessments due from any home exceeds 3 months of maintenance assessments, the Board may suspend the parking privileges associated with such home. This includes the member and resident, occupant, visitor and guest of the home, including service personnel.

2. The Board may, from time to time, adopt policies and procedures for carrying out the suspension. Initially, and until further notice, the following policies and procedures are in effect:

a. Written notice is to be given to the members and/or occupants of the home that parking privileges are suspended, including the effective date, and the enforcement date;

b. The written notice shall advise that enforcement

i. may begin at any time after 10 days from the date of the notice;

ii. includes, but is not limited to, towing, “booting” or otherwise disabling a vehicle violating the suspension, as well as assessing an amount between $25 and $100 for each violation;

iii. is at the vehicle owner’s expense;

iv. will continue until the account is brought current (payment of charges sufficient to bring the account to less than 3 months in arrears is not sufficient to end the suspension and enforcement);

v. is for all amounts due to the ASSOCIATION, the including cost of collection and attorney’s fees and costs. ; and

vi. may take place anywhere on ASSOCIATION grounds.

c. The notice shall further provide the amount and manner of payment needed to avoid enforcement, and the name of the towing or security company, unless such is posted on the property. The notice may further provide such information as the Board may deem appropriate.

d. Suspension of parking privileges and enforcement of the suspension is without prejudice and is not a substitute for other collection activity, including, but not limited to, lawsuits and foreclosures.

This resolution shall become effective 30 days from the date of notice to the members of its enactment, and shall apply to all obligations, including those which accrued before and after its enactment. It may be numbered as appropriate.

 

 

TIMBER RIDGE II ASSOCIATION OF HIGHLAND MILLS, INC.

BOARD OF DIRECTORS POLICY STATEMENT

September 19, 1988

AMEDED:

02/20/96    05/18/04   05/17/05   11/15/05   09/16/14

Policy for Timber Ridge II Home Owners:

Association Responsibility

I. Painting, caulking windows & doors (scheduled)             11. Mailbox sheds

2. Paving of Roads & Driveways                                      12. Meter Sheds

3. Roof Replacements (scheduled)                                   13. Sewer Pipes (outside)

4. Garage Doors & Frames                                              14. Water Pipes (outside)

5. Garage Sheds                                                            15. Railroad Tie Walls

6. Siding Repairs                                                            16. Railings

7. Siding Replacements                                                   17. Sod, Topsoil, Seed

8. Sidewalks and Steps                                                   18. Tree Removal & Replacement

9. Light Fixtures (photo controls)                                      19. Drainage Ditches

10. Dumpster Sheds

Home Owner Responsibility

1. Roof Repairs                                                              9. Foundation Leaks

2. Vents & Skylights                                                       10. Foundation Cracks

3. Garage Floors                                                            11. Water Leaks

4. Decks & Deck Railings                                                12. Air Conditioner

5. Patios                                                                       13. Pest Control

6. Windows                                                                   14. Front doorway landing/Foundation attachment

7. Sliding Doors                                                             15. Fireplace cleaning/chimney & caps/chase covers

8. Doors

 

Note: Anyone interested in doing any changes to the exterior of the unit needs to first have an approved, signed architectural review form from the Board of Directors.