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Wiltshire at Oxford Homeowners Association

Rules and Regulations

Revised March, 2006
(Revised area have been highlighted)

(See the LEGAL DISCLAIMER at the end of this document.)

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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 is permitted. 

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.  It is illegal to operate motorized scooters and go carts unless you are licensed driver.  Driveways are not to be used for turn around.   

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, including but not limited to barking and other noise.  Pets shall be leashed at all times when not confined to owner’s property (Please note that this is Pennsylvania law: Section 305 of the Dog Law Act 1982 P.L. 784 No. 225).  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 homeowner’s property; it should be disposed promptly by the homeowner in an appropriate manner. 

7.      Complaints regarding services or actions furnished by the Association or its contractors shall be made in writing to the Board of Directors who shall respond in same manner.  In no event shall homeowners interfere with, direct, complain to, or obstruct contractors performing services or work on the Association’s property.  Nor may any assessments be withheld on account of a homeowner’s dissatisfaction with services provided.  While the Board of Directors shall review and respond to homeowner complaints, harassment of any Board or Committee member or any Association contractor or employee will not be tolerated and, without limitation or other remedies, shall be subject to a fine of up to $300 per violation.  For this purpose, harassment includes (without limitation) use of obscene, slanderous, offensive or libelous speech or writing, threats, intimidation or any conduct or communication which unreasonably exceeds or deviates from customary business practice for communicating and resolving written complaints.  

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 and prior approval is not necessary.    Painting of hard veneers (i.e., shutters, siding, bricks) requires submission and prior approval. 

b.                  Decks may be painted or stained a complimentary color to the hard veneers of the home without prior approval.  TREX or XTENDEX or other similar decking, and vinyl railing are permitted with submission and prior approval.   All paint or stain colors must be complimentary to the house colors. 

c.                  Fencing (split rail) may have clear wood preservative applied without approval.  All other coatings require approval. 

2.                  Roofs, Gutters and Downspouts 

a.                  Gutters, sofits and downspouts of the existing color may be replaced as required without submission and prior approval. 

b.                  Roofs – small areas of roofing shingles and metal flashing must be repaired as needed without submission and prior approval, 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.                  Lawn care 

a.                  Homeowners/tenants shall perform regular lawn and garden maintenance.  Growth of lawn/weeds not to exceed 7” in height. 

b.                  Potted plants are permitted on the front porch (steps) of homeowner’s house.  No prior approval is necessary. 

c.                  Outdoor storage of firewood is permitted provided it is neatly stacked to a height of not more than four (4) feet from the ground level, and is located in the rear of the dwelling so as to screen it as much as possible from neighboring and street views. 

d.                  Excessive lawn decorations on front lawn or porch are prohibited. 

e.                  Decorative landscaping does not require approval.  However, if the proposed landscaping includes the disturbance of grading, easements, or storm water runoff, prior submission and approval is required. 

f.                    The disturbance of “wetlands” in any manner is strictly prohibited. 

g.                  Outdoor storage of appliances, lumber, wood, building materials, landscaping materials (i.e., piles of mulch, wheelbarrows, etc) may not be stored including but not limited to the front yard, around decks, sheds, etc. are not permitted except during the construction of a permitted Improvement.  Permitted improvements must be completed within a six (6) month time period from the date of the approval. 

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. Permitted improvements must be completed within a six (6) month time period from the date of the approval. 

2.                  All plans for patio or decks (including deck covers), pools and sheds must have prior approval.  Township permits are required for most of the above. Permitted improvements must be completed within a six (6) month time period from the date of the 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, however side door awnings are only permitted with submission and prior approval. Retractable awnings are permitted over patios and decks, in the rear of the home, with prior approval.

·        In-ground pools are permitted with submission and prior approval per Declaration (Article V 5.09).  Submission should include information on placement, planned hardscape, lighting, filter placement and landscape buffers.

·        Above Ground Pools are not permitted per Declaration (Article V 5.09). Inflatable or temporary pools, with or without filters are not permitted.  However, kiddie pools, which are defined as a toy pool that is filled, emptied and stored in the rear of the house or not visible from the street, on a daily basis are permitted.  

3.                  Installation of full view storm/screen doors of complimentary colors to exterior of home do not require submission and approval.  All doors of dwelling shall be of identical style and color.  All others require submission and prior 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.  Any exterior wiring that is part of and/or connected to any antennas and /or satellite dishes should be concealed from street view and/or neighboring lots.    

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 submission and prior approval. 

8.                  The following items do not require submission and prior approval provided all of the following 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 without prior approval.  The swing sets may only be erected in the back of the house, and may have a plastic slide attached to the wood structure.  All other placements must first be submitted for approval.

·        Portable games or sporting devices, such as trampolines, are permissible provided they are erected in the back of the house. 

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.             Per Declarations section 5.07, Trash Receptacles may not be left outdoors form more than 24 hours and only for the purpose of trash collection.  All trash receptacles and/or recycle bins must be stored in the garage or the rear of the home so as not to be visible form the street and /or neighboring views. The lids must be secured for outside storage to prevent trash from blowing out of the container. 

12.             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. 

G.                All approved exterior improvements or projects must be completed within a six month period from the commencement of the project.  Approved applications will expire six (6) months from the approval date. Any modification to the original approved application must be resubmitted as a new request. 

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 October 16, 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 (see final page for a copy of the procedure) 

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 15^th 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 $25 per Diem. 

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.

WILTSHIRE AT OXFORD HOMEOWNERS ASSOCIATION 

ARCHITECTURAL APPROVAL REQUEST 

DATE:  _______________________ 

HOMEOWNER INFORMATION 

Name:  _______________________________________     

Address:  _____________________________________ 

Phone #:  __________________     Fax #:  _________________    Email:  ________________ 

Lot #:  _____________   

Type of change/addition (e.g. fencing, deck, swing set, etc.):  _________________________ 

Color:  ______________________________________  

Material:  ____________________________________  

Dimensions:  _________________________________   

Location:  ____________________________________  

Installer/Contractor:  ___________________________  

Approximate commencement date:  _____________________

Additional Information:  

Please attach drawing or sketch showing location on property, along with picture or sales brochure for manufactured items, if applicable.

Include any additional information that will aid the Board’s review of this request. 

Submit request and attachments to: 

CCR Management, Inc.

427 Exton Commons

Exton, PA  19341

610-363-1322

610-363-2310 Fax

                                                    WILTSHIRE AT OXFORD RULES AND REGULATIONS

                THESE RULES AND REGULATIONS are made this 16th day of October, 2003, by the WILTSHIRE AT OXFORD HOMEOWNERS’ ASSOCIATION (hereinafter referred to as the “Association”). 

                                                                                          WITNESSETH: 

                WHEREAS, the Association has the authority to adopt Rules and Regulations governing the Property pursuant to Section 5302 of the Uniform Planned Community Act (the “Act), 68 P.S. §5302; and 

                WHEREAS, these Rules and Regulations may be modified and amended from time to time. 

                NOW, THEREFORE, the Rules and Regulations are set forth as follows: 

I.              FINING REGULATIONS 

                A.            In the event that an Owner violates any provision of the Declaration of Restrictions, Covenants and Easements for Wiltshire at Oxford (the “Declaration), the Bylaws or these Rules and Regulations, as hereafter amended from time to time, the Association’s Board of Directors (the “Board”) may: 

                                1.             Assess an initial fine of up to $150, depending in upon the egregiousness of the violation and/or the urgency for the need of remedy based on impact on the community or neighbors, as determined by the Board. 

                                2.             Subsequent fines for a continuing violation may be suspended pending the violating Owner’s correction of the violation within 10 business days of the initial fining, or within 30 days if circumstances warrant that the correction cannot reasonably be completed within 10 days the Owner is diligently pursuing correction of the violation, and has notified the Board or Association with it’s intent. 

3.                    In the event that a continuing violation is not corrected pursuant toparagraph 2 above, the Board may assess a continuing, per diem fine of up to $25 depending in amount upon the egregiousness of the violation and/or the urgency for the need of remedy based on the impact on the community or neighbors, as determined by the Board. 

B.            Prior to assessing a fine pursuant to Section A above, the Association may provide for a hearing, if requested by the alleged violator to hear testimony from the alleged violator before rendering a decision.  The Association may commence an action to assess a fine either upon the request of an Owner or based upon the Board’s own initiative after a violation is reported by the management company or witnessed by a member of the Board itself. 

                C.            Any fine assessed shall be a lien on the unit in accordance with Section 5315 of the Act and the Association may recover its reasonable costs and expenses, including legal fees, incurred in connection with the collection of such fine assessments or any other action by the Association to enforce the provisions of the Declaration, Bylaws and Rule and Regulations. 

                IN WITNESS WHEREOF, the Board of Directors has executed these Rules and Regulations as of the day and year first above written. 

                                                                                                WILTSHIRE AT OXFORD

                                                                                                HOMEOWNERS ASSOCIATION

Please note that the Architectural Approval Request is posted separately elsewhere on this web site for your convenience.