Rules and RegulationsAwning Specifications updated on 01/31/2016
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THE MEWS AT DARLINGTON VALLEY HOMEOWNERS' ASSOCIATION
RULES AND REGULATIONS
AUGUST 28, 2003
PREAMBLE
Living in a Planned Community of attached homes such as ours requires that each of us are responsible for abiding by certain Rules and Regulations that are designed to promote the safety and welfare of all of us and to protect our privacy, property, and investment. Accordingly, the following Rules and Regulations have been adopted under the authority of the Board of Directors in order to clarify and expand the restrictions set forth in the Amended Declaration of Covenants, Easements, and Restrictions of The Mews at Darlington Valley, a Planned Community. Periodically, these Rules and Regulations will be reviewed by the Board of Directors to make any necessary additions, corrections, or deletions. Furthermore, these Rules and Regulations, in addition to the Amended Declaration and Bylaws, shall apply to all present and future homeowners, leaseholders, occupants, visitors, guests, and agents. If there is any conflict between these Rules and Regulations and previous Rules and Regulations, this version, dated 8/28/03, shall take precedence. (Article VII,1,e and IV,2,c,(2); By-Laws Article VII,1,a).
Enforcement of the Governing Documents is provided for by Articles XVII and IV,2,(c),(6) of the Amended Declaration of Covenants, Easements, and Restrictions Of The Mews At Darlington Valley, A Planned Community dated July 31, 2000.
Please note that the failure of the Association to enforce any of these Rules and Regulations or the Covenants contained in the Declaration or the Bylaws shall not constitute a waiver of the right to enforce the same thereafter (Article XVII,5).
References given are from the Amended Declaration of Covenants, Easements, and Restrictions Document unless otherwise indicated.
TABLE OF CONTENTS
1. Definitions - Page 3
2. Association Responsibilities - Page 3
3. Architectural Review Committee - Page 4
4. Required Approvals - Page 4
5. General Rules - Page 4
6. Appeals - Page 5
7. Assessments - Page 5
8. Awnings - Page 6
9. Damage - Page 6
10. Decks - Patios - Page 6
11. Doors - Windows - Page 7
12. Exclusive Use Area - Page 7
13. Fines - Page 7
14. Holiday Decorations - Page 8
15. Landscaping - Page 8
16. Noise - Nuisances - Page 9
17. Pets - Page 9
18. Pools - Hot Tubs - Jacuzzis - Page 10
19. Safety - Page 10
20. Selling - Leasing - Page 10
21. Signs- Flags - Page 11
22. Snow Removal - Page 12
23. Storage - Page 12
24. Trash Removal - Page 13
25. Utilities - Page 13
26. Vandalism - Page 13
27. Vehicles - Parking - Page 13
1. DEFINITIONS
a. Common Area - all areas not designated as exclusive use areas.
Common areas include Common Elements as defined in Article I and
further described in Section 3 of Article V and Common Facilities
as defined in Article I and further described in Articles V and VI
of the Amended Declaration.
b. Exclusive Use Area - shall be those portions of the plot of land
owned by the Association for which an owner is given an exclusive
easement, some of which may be shown on the Plan of the property.
Any doorsteps, porches, balconies, stairs, decks or patios,
walkways and parking pads designed to serve a single Unit
located outside but attached to the Unit constitutes a space
allocated exclusively to that Unit (I).
c. Family - A family is defined as a husband and wife, or parent(s)
and child(ren), or a single person, or two (2) unrelated persons
living together as a single nonprofit housekeeping unit.
d. Governing Documents - Rules and Regulations, Amended Declaration
of Covenants, Easements, and Restrictions Of The Mews At
Darlington Valley, A Planned Community dated July 31, 2000 as
amended, Book of Resolutions as amended, and By-Laws Of The Mews
At Darlington Valley Homeowners' Association dated July 31, 2000
as amended.
e. Home - a residence built on one of the forty-three (43) numbered
Lots in the Community. Each owner's fee simple deed is limited to
the townhome as identified on the Plan of the Community. (Article
III,1,d; Amended Phase Three And Four Site Plan 'Darlington
Valley' dated 7/30/99 last revised 5/25/00).
f. Homeowner - the deed holder or leaseholder.
g. Notification of Violation - all notifications by letter will be by
certified mail with a return receipt requested.
2. ASSOCIATION RESPONSIBILITIES
The Association is responsible for management and control of
common and exclusive use areas including but not limited to lawn
mowing, trimming of lawns and shrubs, edging of lawn areas and
shrubbery beds, mulching, turf applications, repainting the
exterior surfaces of the townhomes, replacing roof shingles,
siding, and gutters at the end of their normal life, trash
removal, parking areas, roads, improvements, and utilities not
dedicated to Middletown Township, a public utility, a municipal
authority, or homeowners (Article VI,1).
3. ARCHITECTURAL REVIEW COMMITTEE
The Architectural Review Committee advises the Board of Directors
on the regulation of the exclusive use areas and common areas and
monitors compliance with the provisions of the Governing
Documents. The Committee also reviews applications for improvement
or additions to the exclusive use areas and common areas and
proposes architectural standards for adoption by the Board
(Article XIII).
4. REQUIRED APPROVALS
Any homeowner wanting or planning to make exterior changes
(repairs, improvements, alterations, etc.) to their property or
exclusive use area (front or rear except for the planting of
flowers or ground cover) is required to first submit plans to
the Architectural Review Committee for review and final written
approval by the Board of Directors. This includes but is not
limited to such items as decks, patios, lighting, windows, garage
doors, or paint color. (Article VII,1c and IV,2,c,(2)).
5. GENERAL RULES
a. Exterior television or other antennas (including satellite dishes)
are prohibited except as approved in writing by the Association or
otherwise allowed by law. All antennas must be interior with no
wires or antennas visible from the exterior of the building
(Article VII,1,k).
b. Permanent basketball backboards, nets and other basketball
apparatus, play equipment, or any other type of apparatus is
not permitted in the common areas, e.g., parking areas, lawns.
c. No clothes or other articles may be dried, aired, or hung on the
decks, doors, windows, outdoors, or in any exclusive use or common
area (Article VII,1,j).
d. Homes are to be used for residential use by single families only.
(Article VII,1,g). No townhome may be owned in time-share estates
(Article III,1,l).
e. Skateboarding or rollerblading on the sidewalks, and tree climbing
are not permitted in the interest of preventing personal injury.
f. Street hockey or any other type of activity is limited to the
overflow parking areas. Any playing in the street is not permitted
due to liability concerns.
g. Bird feeders shall not be placed in a location that creates a
nuisance to adjacent homeowners.
h. No statues, sculptures, lawn ornaments, benches, bird baths, or
any type of permanent object may be placed on any exclusive use
area, common area, or townhome without prior written consent of
the Association (Article VII,1,n).
i. The garage of each townhome shall not be altered for any other
use without prior written consent of the Association (Article
VII,1,s).
j. In the event of reconstruction or restoration necessitated by
damage or destruction of a townhome, reconstruction must be
completed in accordance with the original specifications of the
townhome and in conformance with current Building Codes of
Middletown Township (Article VII,1,u).
6. APPEALS
a. A homeowner shall have the right to appeal any notice of violation
and to request a hearing in front of the Board of Directors by
providing written notice to the Board of Directors disputing said
violation within ten (10) days of receipt of notification of
said violation.
b. The homeowner will be notified by mail of the hearing date and
time for the appeal.
c. The Board of Directors will notify the homeowner in writing of
their decision within ten (10) days of the hearing date.
d. The decision Board of Directors shall be final.
7. ASSESSMENTS
a. Monthly assessments are due by the first day of the month. A grace
period of fifteen (15) days is granted after which a late fee of
nine (9) percent will be assessed (Article X; By-Laws, Article XI).
b. Special assessments may be levied from time to time for capital
improvements to the common and exclusive use areas. Restoration
assessments to restore a townhome and delinquency assessments may
also be levied if necessary (Article X,9,b,c,d).
c. The Association shall place a lien on each home for any
assessment, late fees, and/or fines against it from the time they
become due. The Board, among its rights and remedies, may pursue
legal action against the homeowner. The homeowner will be
responsible for all legal costs in addition to all assessments,
late fees, and fines (Article X,2; By-Laws, Article VII, c,(3)).
8. AWNINGS
a. All awnings must:
New Specifications as of 01/31/2016:
1) Must be retractable
2) Must be Recacrill Company material
o Collection: LORCA
o Design: FANTASY STRIPE R – 708
3) Fabric Availability:
o Harper Awning: 610-485-4776
o Findley: 610-505-5907
Original Specifications as of 08/28/2003:
1) Be retractable.
2) Consist of Sunbrella material.
3) Be Taupe Tailored Bar Stripe #4945 (color).
4) Have a white supporting structure (frame).
5) Suggested manufactures:a) Sun Air in Newark, DE (call 302-584-6468 for installation)
b) Eastern in Broomall, PA (call 610-328-4100 for installation; installer is Sereni).
b. Prior to installation, homeowners must submit an architectural
change request to the Architectural Review Committee for review
and Board approval.
c. Awnings must be maintained in reasonable condition at the
homeowner's expense. Should any damage, evidence of wear, or
lack of maintenance become apparent, the awning or ancillary
equipment involved must be removed and may not be reinstalled
until properly repaired at the homeowner's expense.
d. Awnings are permitted only on back decks.
9. Damage
Any damage done to the common areas, exclusive use areas, or
exterior of the buildings will be charged to the homeowner who
caused the damage.
10. DECKS - PATIOS
a. The Board of Directors must approve any modification extension,
replacement, or addition of a deck prior to the work being done.
A request must be first submitted to the Architectural Review
Committee. The Committee will then forward its recommendation to
the Board (Article VII,1,c).
b. Maintenance, repairs, and replacement are the responsibility of
the homeowner (Article VII,1,v).
c. Charcoal and wood burning grills, stoves, and heating devices are
not permitted on decks. Grills may be stored on decks and used
during reasonable hours and must be clean and covered with a gray
or black cover when not in use. All cooking grills must be used in
accordance with reasonable safety precautions with respect to
their use, operation, cleaning, and storage. Homeowners will be
responsible for any damages caused by such grills.
d. Outdoor furniture may be kept on patios and decks the entire year
provided it is in good condition.
e. All deck or patio decorative lights must have white or clear light
bulbs. Colored lights are not permitted. When such lights are used
by the homeowner, they should be on an "as needed basis" (e.g. a
party). Homeowners should consider their neighbors by turning them
off in a timely manner.
f. Patios and decks may not be permanently enclosed.
11. DOORS - WINDOWS
a. Only full-view storm doors in white are permitted. No other type
of door is permitted. No jalousie windows, scalloped edges,
numbers, letters, or any other type of adornment is permitted.
Homeowners must submit a request form to the Architectural Review
Committee. The Committee will forward its recommendation to the
Board for final approval before any work may be performed.
b. All window coverings shall be white or off-white in color. No
colored backing may show through to the outside and all window
treatments must be in good repair. Coverings such as sheets or
lack of coverings must be replaced/installed within sixty (60)
days of occupancy (Article VII,1,t).
c. Hospitality lights (defined as electric candles in the windows)
may be displayed all year. Lights must be white or clear.
d. Window air-conditioners are not permitted.
12. EXCLUSIVE USE AREA - HOME EXTERIOR
Each homeowner is responsible for maintaining the exclusive use
area and exterior of their home. Written approval is
required if any changes (repairs, alterations, improvements,
etc.) are contemplated (Article VII,1,v).
13. FINES
a. In the event any homeowner fails to comply with any of the Rules
or any provision of the Amended Declaration and/or the Bylaws, the
following shall apply:
1) First Notification of Violation - The Board shall forward to
the homeowner a letter detailing the nature of the violation
and asking the homeowner to discontinue the same and/or
discontinue such activity within ten (10) days.
2) Second Notification of Violation - The Board will forward a
letter to the homeowner indicating that a $50.00 fine will be
assessed against the homeowner if such violation is not
discontinued within ten (10) days.
3) Third Notification of Violation - Should the homeowner fail to
comply with the Second Notification and correct the violation
within the requested ten (10) days, the Board shall forward
to the homeowner a second letter indicating that a $50.00 fine
has been assessed against the homeowner and that thereafter a
$5.00 per diem fine will be assessed against their account
until such time as the violation is corrected.
b. Nothing herein shall prevent the Board of Directors from taking
legal action if it determines that fines are ineffective in
causing the violation to be corrected or if the violation is of
such a nature that it requires immediate abatement. Any and all
legal fees, court costs, and any other costs incurred by the
Association in conjunction with such legal action shall be paid by
the homeowner.
14. HOLIDAY DECORATIONS
a. Christmas decorations/lights shall only be displayed from
Thanksgiving until January 31st of the New Year. The lights shall
only be clear or white.
b. All other holiday decoration may be displayed fifteen (15) days
before the holiday and must be removed five (5) days after the
holiday.
c. Holiday lights hung around the window frames (either inside or
outside) must be white or clear.
d. Holiday decorations are not permitted to be hung or displayed in
common areas unless first approved by the Board.
e. All decorations must be in good taste.
15. LANDSCAPING
a. All requests for changes to landscaping must be submitted in
writing to the Architectural Review Committee for review and Board
approval.
b. Only flowers may be added to the existing beds. If the flowers are
not maintained by the homeowner, the landscaper will be instructed
by the Board to return the bed to its original condition at the
owner's expense.
c. Enlargement of flower beds or the addition of plants, shrubs, and
trees in any exclusive use or common area must first be reviewed
by the Architectural Review Committee. The Committee will forward
its recommendation to the Board for final approval. Additional
flower beds, plants, shrubs, trees, etc. in the common areas and
exclusive use areas become the property of the Association.
d. The Association is responsible for the removal of dead trees and
shrubs from the common area. All replacements will be made at the
discretion of the Board of Directors. Landscape material,
including flower beds, shrubs, trees, and perennial plants, shall
be maintained, mulched, and replaced by the Association (Article
VI,1).
e. Activities which may cause damage to lawn areas are not permitted.
Restoration of any damaged lawn areas will be billed to the
homeowner.
f. No trees or shrubs located within the exclusive use or common
areas may be planted, cut, or removed without prior written
consent of the Association (Article VII,1,r).
g. The watering of areas in exclusive use areas adjacent to
individual homes shall be the responsibility of the homeowner.
16. NOISE - NUISANCES
No nuisance or unusual, excessive, or load noise that disturbs the
tranquility of the surrounding homes or jeopardizes property
values is permitted to exist or operate on any property (Article
VII,1,a).
17. PETS
a. Domestic pets may be kept or maintained by a homeowner provided
such pets are not kept or maintained for commercial purposes
(Article VII,1,i).
b. No more than a combined total of two (2) pets are permitted to be
kept in one home. Livestock, fowl, or poultry of any kind are
not permitted to be raised, bred, or kept within the Community
(Article VII,1,i).
c. All pets must be kept under control of their owner when outside
any townhome. Dogs and cats must be leashed at all times and
accompanied by their owner (Article VII,1,i; Middletown Township
Dog Ordinance).
d. No stake or other device may be erected for the purpose of
securing a pet. Pets may not be tied to trees, buildings, or any
common element. No unattended leashing is permitted.
e. Pet owners are responsible for the immediate removal of their
pet's waste from all areas. Pet wastes may not be stored in common
or exclusive use areas and must be disposed of properly.
f. Pets may not be walked on the island in Azalea Court and the
island in Juniper Court.
g. Defecation and/or urination on shrubs, trees, or lawn in the
common areas is not permitted. Any damage done to the lawn,
shrubs, trees, or common elements by a pet will be rectified at
the pet owner's expense. The Middletown Township Dog Ordinance
also applies to dog owners in our Community.
h. Pets must not become a nuisance to other residents, e.g.,
excessive dog barking (Article VII,1,i).
i. Dogs over six months of age must be licensed annually with
Delaware County in accordance with State law and the Middletown
Township Dog Ordinance.
j. No doghouse or pet enclosure or case may be placed in the common
or exclusive use areas.
18. POOLS - HOT TUBS - JACUZZIS
a. Toddler pools are permitted on patios and decks only.
b. Jacuzzis and hot tubs are not permitted outside of the townhome.
19. SAFETY
a. The setting off of any type of fire works is prohibited and
subject to fines.
b. When using a grill, caution should be taken to eliminate any
potential fire hazard.
20. SELLING - LEASING
a. Homes may only be sold or leased to families.
b. Homeowners who wish to sell their unit must first obtain a Resale
Certificate from the Association. The Resale Certificate shall set
forth any assessments, charges, and fines due to the Association.
The cost of the Resale Certificate, attorney fees, title clerk
fees, etc., will be charged to the seller (Article IX,2,3).
c. All homeowners are responsible for informing their realtor of the
signage and open house policies adopted by the Association. All
actions of the realtor are the responsibility of the homeowner.
d. Homeowners are required to provide the Board of Directors with a
copy of the Agreement of Sale or Lease within five (5) days of the
sale or lease of the home.
e. Homeowners are required to provide a copy of all Governing
Documents to the leaseholder or new homeowner. Any costs incurred
by the Association to reproduce missing documents will be assessed
to the seller.
f. Homeowners must have satisfied their obligations to the
Association before they may lease or sell their home. A lien will
be placed on any home that is not in good standing with the
Association (Article IX,3).
g. A lease is required when a homeowner does not live in a unit.
h. No unit may be leased or rented for transient or hotel purposes or
for an initial period of less than one year and sub-leasing is not
permitted. Leasing less than the entire home is not permitted,
e.g., garages may not be leased (Article VII,1,d).
i. All leases must contain a clause which states that the leaseholder
agrees to be subject to and bound by the Governing Documents
(By-Laws, Amended Declaration of Covenants, Easements, and
Restrictions, and Rules and Regulations of the Association) and
that failure to comply constitutes a default under the lease.
Homeowners will be assessed fines and will be responsible to
collect and enforce the Governing Documents (Article VII,1,d).
21. SIGNS - FLAGS
a. No sign of any kind shall be displayed on a townhome without the
written consent of the Association except customary name and
address signs (Article VII,1,p).
b. No sign, sale or rent, may be placed on or attached to the
exterior of the townhome or on a stake or post which is visible
from the exterior of the townhome. Signs may not placed in the
lawn areas (exclusive or common) nor may they deface or cause
damage to any part of the building or lawn areas. Damage caused by
any sign will be the responsibility of the homeowner and all costs
for repairs will be charged to the homeowner. All unauthorized
signs will be removed and discarded.
c. Only one (1) standard 24" by 36" "For Sale/ Lease"
sign may be
placed in a window for the purpose of the sale/lease of the
property on which it is displayed.
d. Open House signs are permitted only on the day of the Open
House . The signs may be placed thirty minutes prior to and must
be removed thirty minutes after the Open House. All balloons and
sales paraphernalia must also be removed within the same time
period.
e. A "Sold" sign may be displayed for only forty-eight (48) hours.
f. Advertising, commercial or political signs are not permitted.
g. Baby signs (storks, etc.) are permitted to be displayed for one
week.
h. Signs are not allowed to be placed in flower or shrubbery beds.
i. Only the American Flag may be displayed every day. No flag may
exceed 3 x 5 feet in size.
22. SNOW REMOVAL
a. Cars in the overflow parking lots should be removed before a
predicted snowfall so that the lot can be plowed.
b. The Association is not responsible to dig out vehicles in common
areas or exclusive use areas.
c. Each homeowner/leaseholder is responsible for snow and ice removal
from any of the sidewalks, parking pads and other areas within
their Lot and exclusive use area. Each homeowner/leaseholder is
also responsible for snow and ice removal of the sidewalk in front
of the owner's unit even though the sidewalk is in open space.
(Article VII,1,v).
d. Sidewalks must be cleared no later than twenty-four (24) hours
after a snowfall.
23. STORAGE
a. Storage sheds are not permitted.
b. No patio, deck, areas under the deck, driveway, or any other part
of the exclusive use or common areas may be used for storage.
(Article VII,1,l).
c. Bicycles may not be stored in the common or exclusive use areas.
24. TRASH REMOVAL
a. Trash containers may be placed outside on the sidewalks no sooner
than the day preceding trash pick-up. If at all possible, the
trash container should not be put out until after dusk.
b. Trash containers must be returned to the garage for storage after
the day of the pick-up.
c. Trash must be placed in approved containers with lids. Containers
must be maintained in reasonable condition. All trash must be in
closed plastic bags and placed in approved containers. Make sure
the trash container is completely closed so that birds and animals
cannot disturb it.
d. Trash, leaves, and other material may not be burned (Article
VII,1,m).
25. UTILITIES
Homeowner's are responsible for maintaining utility and service
lines and laterals exclusive to each home which are located in
both the exclusive use and common areas (Declarations, Second
Amendment dated May 2001).
26. VANDALISM
Any resident and/or resident's minor children and their guests
caught vandalizing Community property will be fined and assessed
the cost of the damage. Anyone caught vandalizing will be
prosecuted.
27. VEHICLES - PARKING
a. Trailers of any type (house, utility, etc.), motor homes, mobile
homes, boats, campers, recreational vans (other than non-
commercial vans having no lettering or signage) or trucks or any
other vehicle exceeding the size, height, or weight of a standard
non-commercial three-quarters (¾) ton pickup truck are not
permitted to be parked on any exclusive use area or common area
(e.g., driveways, roads, parking areas). Non-resident commercial
vehicles may temporarily enter the Community for repairs,
maintenance, delivery, or construction (Article VII, 1,h,(3)
and 1,o).
b. Vehicles that are not currently licensed, inspected, and regularly
operated may not be parked or stored in common areas or in
driveways. Such vehicles will be towed at the owner's expense
or fines imposed at the discretion of the Board (Article
VII,1,h,(1)).
c. All vehicles must be maintained in proper operating condition so
as not to be a hazard or nuisance by noise, exhaust, emissions, or
appearance (Article VII,1,h,(1)).
d. All vehicles, including but not limited to trail bikes and
motorcycles, must be driven only on paved streets and parking
areas (Article VII,1,h,(2)).
e. Modification of the factory installed exhaust system on any
motorcycle, trail bike, or any other vehicle is prohibited.
e. No car repairs or mechanical servicing (except for towing or
changing a flat tire) are permitted in the driveways, roads, or
parking areas. Flushing radiators or changing oil in the
driveways, roads, or parking areas is prohibited.
f. A maximum speed of fifteen (15) mph is to be observed in the
Community.
g. Parking is permitted only in driveways and overflow parking areas.
No vehicle of any type is permitted to be parked on any lawn area
or sidewalk. Moving or delivery vans/trucks must not block
driveways or roads. Illegally parked cars will be towed at the
owner's expense.
h. Parking spaces may not be leased (Article VII,1,o).
i. No commercial vehicles may be parked or stored in the common
areas or exclusive use areas (Article VII,1,h,(3)). A commercial
vehicle shall be defined as any of the following:
1) Those vehicles which are not designed and used for personal
purposes.
2) Those vehicles (regardless of size) with commercial lettering,
graphics, equipment or supplies, tool boxes, markings, or
ladder racks located on the outside of the vehicle.
3) Any vehicle tagged with a commercial license plate.
4) Any vehicle exceeding nineteen (19) feet in length or a gross
weight of 9,500 pounds or a width of eight (8) feet or a
height of seven (7) feet or having dual rear wheels on one or
more axles.
j. All bicycles and recreational vehicles shall be parked only in the
homeowner/leaseholder's exclusive use area (Article VII,1,h,(4)).