TREETOP CONDOMINIUM ASSOCIATION, INC
Dear Homeowners,
One of the many projects the Board of Directors worked on in 2013 was revising the Whitcomb Heights II Rules and Regulations. The last time the Rules and Regulations were considered for change was in 2009 and now that the building of all Units is complete we felt it was essential to amend the document. By revising the Rules and Regulations we hope to continue to provide homeowners and their families a safe community, a clean neighborhood and the ability to maintain high property values.
Attached is a copy of the amended Whitcomb Heights II, Cluster I Rules and Regulations. After discussing and considering homeowner concerns, these Rules and Regulations were adopted at our BOD meeting on March 20, 2014. This document is also posted on the Association website: for your reference. As written in the Whitcomb Heights II Cluster I By-Laws:
Section 5.08: Restrictions on Use of Units; Rules and Regulations
(b) Rules and Regulations:
1) The Board of Directors may adopt, amend or repeal reasonable Rules and Regulations. Before adopting amending or repealing any rule, the Board of Directors shall give Unit Owners notice of:
a) Its intention to adopt, amend or repeal a rule and provide the text of the rule(s) or the proposed change; and
b) A date on which the Board of Directors will act on the proposed rule or amendment after considering comments from Unit Owners.
2) Following adoptions, amendment, or repeal of a rule, the Association shall notify the Unit Owners of its action and provide a copy of any new or revised rule(s).
Sincerely,
The Whitcomb Heights II Board of Directors
WHITCOMB HEIGHTS II CONDOMINIUM ASSOCIATION
ADMINISTRATIVE RULES & REGULATIONS
Adopted March 20, 2014
Property Use
1. No part of the property can be used for anything other than housing.
2. No trade or business of any kind may be carried on therein, except for those home occupations that do not result in additional pedestrian or motor traffic to or from the unit and do not result in more than 10 delivery vehicles per week or an unreasonable increase in trash or storage.
3. The operation of a State Registered, Licensed Daycare Facility or Home daycare is prohibited.
Rentals
In Vermont it can be difficult to obtain financing if we have more than 30% of the units as rentals. Therefore, the Board is obligated to look out for the best interest of all owners when adopting guidelines for rental units. In order for a unit to be considered a rental property, the owner must notify the Property Manager prior to any lease inception. The following rules apply:
1. Rental unit owners are responsible to see that the by-laws and administrative rules are followed.
2. The Whitcomb Heights II Notice of Lease is to be signed by each renter(s). Once the Landlord has obtained all signatures, a copy must be delivered to the property manager. The renters must also be given a copy of the Association Rules and Regulations, By-Laws and the Declaration.
3. Owners are to keep the management company up to date with names of tenants as well as contact numbers and e-mails.
4. The effective start and expiration date of the lease must be communicated to the Board.
5. Owners are encouraged to lease for no less than one year.
Noise
1. Residents and visitors shall not create excessive noise outside units which can be heard inside units. Neither shall excessive noise be produced inside units which causes disturbance to residents in neighboring units. Such noise includes loud voices, shouting, high-volume stereo systems/radios, amplified musical instruments, and construction/renovation projects.
2. Residents and their guests shall take particular care to follow these rules from 10:00PM through 7:00AM.
Exterior Appearance / Alterations / Gardening
1. Owners are responsible for the upkeep of their own unit (including appropriate homeowner’s insurance).
2. Any exterior changes require Board approval. Unit Owners may not modify any exterior portion of their unit – including the porch, deck/patio, and exterior walls – without prior written consent of the Board. In addition, unit owners should be aware that all grass areas are considered common space.
3. No excessive decorative objects shall be allowed to rest, sit, lean, or hang on a Unit Owner’s front porch.
4. No trees shall be cut or vegetation removed without prior written consent of the Board of Directors.
5. Planting of flowers in existing landscaped beds is permitted. Any owner choosing to plant flowers becomes responsible for weeding/maintaining the appearance of the area. Plants are subject to removal without notice if the area is not maintained.
6. Planting of flowers, trees, shrubs or other landscaping, except as noted above, requires prior written consent of the Board of Directors. Unauthorized plantings are subject to removal without notice.
7. Nothing shall be altered in, constructed in, or removed from the Common Areas and Facilities except upon prior written consent of the Board of Directors.
8. No Unit Owner may paint, stain, or otherwise decorate or change the appearance of any exterior portion of the unit. This includes windows, doors, light fixtures, decks, solar lights, and exterior hardware such as door handles and unit numbers. Unauthorized changes are subject to immediate removal at the Unit Owner’s expense.
9. Satellite dish installation must comply with the approved satellite dish installation policy. A copy of this policy may be obtained from the property manager.
10. Only gas grills may be utilized; unit owners are urged to attend to these with utmost caution. Grills should not be closer than 3 feet to the vinyl siding or railings. Any damage to the unit due to grills will be assessed to the owner. Residents are responsible for any and all personal items on their decks. Charcoal and wood fired grills are not permitted.
11. No signs shall be posted on the exterior of the buildings, in the windows or on the grounds with the exception of real estate for sale signs in front of the individual Unit for sale. Unit owners may also post one political sign on the front porch of the Unit, but signs must be removed immediately post-election.
12. Holiday decorations must be removed within 30 days of the holiday date.
13. No items may be stored in front of the garage or at the side of the Unit.
14. Basketball Hoops may be placed on the lawn roadside, but not within the traveled portion of the road or sidewalk. Basketball Hoops must be removed from the roadside, and stored behind the Unit between December 1st and April 1st. The Village of Essex Junction and Essex Police Department reserves the right to remove any temporary or permanent structure that is in violation of this ordinance, is creating a safety hazard, impedes pedestrian or vehicle traffic, or interferes with the maintenance of municipal infrastructure.
Motor Vehicles / Parking
For purposes of these Rules and Regulations, “vehicle” includes cars, trucks, motorcycles, dirt bikes, ATVs, RVs and water craft.
1. No motor vehicle may be kept on the Property which does not have current registration plates and a valid inspection sticker, or is not drivable.
2. Campers, recreational vehicles, boats/trailers, and oversized commercial vehicles of any kind are not to be parked on the Property.
3. Vehicles are not to be parked on the grass at any time, including in the winter.
Rubbish
1. All rubbish should be placed in the containers provided by the Associations approved contractor. No outside burning of trash, garbage or refuse is allowed. Hazardous materials, paint cans, oil cans, etc. are prohibited.
2. ALL trash and recycle containers are to be stored inside the garage or behind the unit under the deck.
3. Recyclables should be disposed of in the recycle totes provided by the association or trash company. All cardboard is to be broken down so as to fit in these totes, and not left on the ground next to the totes.
4. Disposal of large items, such as appliances, carpeting, furniture, construction debris and automobile tires may not be disposed of in the provided containers. Residents are encouraged to make their own arrangements for disposal of such items. Any charges for extra trash disposal will be billed back to the Unit Owner involved. Unit Owners may dispose of large items at the Chittenden Solid Waste District, 87 Landfill Road (off Patchen Road), South Burlington, phone: 865-6221, and hazardous items at the Environmental Depot, 1011 Airport Parkway, South Burlington, phone 863-0480.
Pets
1. No dangerous pets are permitted (poisonous snakes, attack-trained dogs, etc.). Any pet with a history of attacks on other pets or people shall be considered dangerous and is not permitted.
2. No farm animals such as chickens, goats, sheep, pigeons, and horses shall be permitted.
3. Pet owners should realize that barking, meowing, screeching, and chirping from their animals may be pleasant sounds to their ears, but may be very annoying to neighbors. Members considering pet ownership should err on the conservative side in regard to noisy animals. Pets must not be left alone either inside or tied to porches if they make such noises.
4. Each unit shall be limited to one dog, two cats, or one of each.
5. Any damage to common areas caused by a pet must be repaired by the pet’s owner. This includes damage to shrubs, trees, grass, and holes dug into lawns or garden areas.
6. ALL pets must be leashed and under the control of their owner whenever they are outside of the Unit. Pets shall not be allowed to run free or unleashed at any time or to otherwise interfere with the rights, comfort or convenience of other residents. Owners are also responsible for immediate clean-up of any pet waste.
Violations and Penalties
1. The Board of Directors has the power to assess a reasonable penalty against any unit owner who violates any provision of these Rules and Regulations, the By-Laws of the Association, or the Declaration of Condominium of the Association.
2. The Board will give written notice to any unit owner charged with a violation of its intent to assess a penalty and will specify the amount of penalty to be assessed and a timeline for remedy.
a. First infraction: Written Notification to the unit owner regarding the violation, including an expected timeline for remedy.
b. Second occurrence of same infraction: If the initial written notification is ignored or further violation occurs, a second notification will be sent and the unit owner will be fined $50.
c. Third occurrence of same infraction or non-payment of a fine: An additional fine of $100 will be issued to the unit owner.
3. Failure to pay a fine within the specified time period will result in a lien being placed on the owner’s unit. Court costs for such a lien will also be assessed.
4. If a renter is assessed a fine for a violation, the owner of the unit will be liable for payment.
5. Owners who rent their units are liable for fees not paid by their tenants.
An exception to any of the Rules or Regulations stated above is at the discretion of the Board and requires Board approval.
Any and all complaints must be submitted to the Property Manager in writing, by phone or e-mail, or in person, if the Board is to act on said complaints beyond a cursory investigation. The Property Manager can be reached at:
Property Management Associates
Post Office Box 1201
Williston, Vermont 05495
Telephone (802) 860-3315
Fax: (802) 657-3303
PMAROB@
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