HANOVER POINTE HOMEOWNERS ASSOCIATION RULES & REGULATIONS REVISION DATE: NOVEMBER 1, 2010
A. CONFLICT In the event of a conflict between the Declaration and these Rules and Regulations, the Declaration shall prevail. B. ARCHITECTURAL GUIDELINES The Builder shall be exempted from all architectural guidelines contained herein. The Board of Directors shall use reasonable efforts to respond, within thirty (30) days, to all Architectural requests. The Board of Directors shall respond to architectural requests in writing. 1. Awnings. No permanent awnings shall be erected or permitted on a Unit. Retractable awnings will be permitted with prior approval from the Board of Directors. Retractable awnings shall be installed on the rear wall of the home, and be retracted when not in use. The awnings are to be kept clean and in good repair by the Unit Owners. The awning when extended may not exceed the size of the deck or patio of the home. A Change Request Form (See Appendix A) must be submitted and approved prior to the awning installation. 2. Decks and Patios a. The only type of deck or patio to be constructed upon any Unit is to be of the same type of style constructed by the Declarant or the Builder, unless otherwise approved by the Board of Directors. b. No Unit Owner shall be permitted to enlarge, make any structural alterations, or to build a deck or patio without written permission of the Board of Directors. Once written permission is received, the Unit Owner is responsible to secure any necessary approvals and/or permits from the Township. Deck and patio sizes are limited to the criteria established by Township code and the Association. c. The areas below decks, walkout and ground level, should not be used for the storage of items unless lattice is installed on all sides to conceal the items. An approved storage unit may be placed under decks that are installed on homes with walkout basements. d. Enclosed patios are not permitted within the community. 3. Fencing. The only fencing permitted by the Association shall be white vinyl fencing, of an open picket design or solid privacy style, to be exactly five (5) feet in height with a straight or concave top, and approved by the Board of Directors. Fencing installed along the base of a berm must be set in a 24 wide bed of mulch or stone to provide clearance for lawn maintenance equipment. (Appendix G) 4. Flagpoles. A single flag mounting wall bracket may be attached to the wood trim around the garage door. Permitted flags shall be the American flag or any standard size flag that does not contain offensive graphics or wording. 5. Front Doors. a. Front doors shall be the type installed by the Builder. Any replacement door not consistent with the original door installed by the Builder must be approved by the Board of Directors. Replacement knobs and door hardware are to be consistent with the style and finishes provided by the Builder. Door knockers are permitted provided they match the knobs and door hardware. Revision Date: 10/1/10 2
b. Kick plates are permitted to be installed on the front doors. The kick plate must be 6 to 8 inches in height and run the full width of the door. The finish of the kick plate must match the finish of the knob and hardware of the door. 6. Garages. No garage may converted to living space. 7. Garden Devices. Hoses and hose reels shall be properly stored when not in use. 8. Lighting. Floodlights may be installed in the rear or side of a home provided the fixture(s) is properly shielded to prevent glare and excessive emission of light that would unreasonably affect any other Lot. No higher than a one hundred (100) watt bulb may be used in any fixture. Colored bulbs are not permitted. Outside lighting can be replaced with an upgraded light fixture as long as it is consistent with the Builder installed fixtures. If the Unit Owner is planning to change the exterior fixtures not consistent with those installed on their home, a written request to the Board of Directors and a brochure of the sample fixture should be presented to the Board of Directors for approval before installation of the new fixtures. 9. Outdoor Furniture/Children's Toys. Lawn chairs, children's wading pools, etc. shall be put away after daily use. 10. Outdoor Holiday Lighting and Decorations. Decorations that prove to be a nuisance, produce excessive glare or noise or endanger the health and welfare of the community, visitors or residents are not permitted. Outdoor holiday lights associated with Christmas, Hanukah, etc. shall not be installed and illuminated before Thanksgiving and must be turned off completely and removed by January 15 th. Holiday decorations and lighting should be turned off by 11:00 p.m. in consideration of adjoining neighbors. 11. Regrading. a. No Unit Owner, guest, lessee, resident, occupant, invitee, etc., shall commence any digging or earth moving or regrading operations of any nature without first obtaining permission from the Board of Directors. This is intended as protection against inadvertent disruption of surface drainage, underground services and creation of a nuisance to other Unit Owners. b. Retaining walls and grading alterations which change the contour of the earth and/or water drainage patterns must be submitted to the Board of Directors with complete details including sketches and approval. c. Unit Owners are responsible for verifying locations of all underground utilities and existing easements and bear total responsibility for any and all service interruptions directly attributable to work performed on their Unit. Unit Owners can contact Pennsylvania One Call free of charge at 1-800-242-1776 to verify underground utility locations. There is a fee for contractor requests. 12. Satellite Dishes. See Appendix E and Appendix F. 13. Statues, Ornaments, etc. Statues, ornaments, sculptures, birdbaths or similar objects not to exceed three (3) feet in height may be placed in a flower or planting bed. Furthermore, ornamentation should be limited as to not appear cluttered. No permanent water features shall be permitted on any Lot. 14. Storm Doors. See Appendix D. 15. Swimming Pools, Hot Tubs and Jacuzzis. No swimming pools may be installed or constructed on any Lot. Hot tubs or Jacuzzis are subject to the approval of the Board of Directors. Revision Date: 10/1/10 3
16. Structures. Small storage structures for the purpose of housing trash cans and/or lawn maintenance equipment shall be permitted when properly placed against a side or rear wall of the home. The storage structures must be approved by the Board prior to installation and shall meet the Association guidelines as indicated in Appendix H. No other storage tanks, accessory buildings or structures shall be erected or permitted on any Lot without prior board approval. C. USE RESTRICTIONS All Unit Owners, including the Declarant or the Builder, except as noted, as well as all guests, residents, occupants, lessees, etc., in addition to any other obligation, duty, right and limitation imposed upon them by the Declaration, the Certificate of Incorporation, Bylaws of the Association, and these Rules and Regulations that may be promulgated by the Association, shall be subject to and agree to abide by the following restrictive covenants, which shall be applicable to all Unit Owners, occupants, guests, invitees, tenants, residents and lessees, etc. 1. Alarms. No resident shall continue to operate an externally audible alarm system that malfunctions, emits false alarms and disturbs the peace of the Community. 2. Automobile Repairs. It is prohibited to use any Unit or any part of the Common Elements for automobile repair work of any kind. It is further prohibited to maintain on any Unit or any part of the Common Facilities any automobile that is not operable, roadworthy or lawfully registered. 3. Basketball Backboards. Permanent backboards of any type are not permitted. 4. Canopies or Tents. Large canopies or tents for specific events are permitted in the rear yard provided they are disassembled and removed within 48 hours after the event. Owners are permitted to place a small gazebo or canopy directly on their decks or patios. 5. Children's Outdoor Play Equipment. Outdoor play furniture and sports equipment (i.e. basketball units) located on the Units must be of the portable type, so as to be stored during the winter months, October 31st through March 1 st of the following year. All children s play items and sports gear should be put away when not in use. 6. Clotheslines. No clothing, bedding or other similar items shall be dried or aired in any outdoor area, including private yards and decks. No Unit Owner shall install poles and/or lines for the drying of laundry nor shall any Unit Owner dry laundry outside of his home. 7. Complaint Forms. a. Complaints regarding the management of the Association property, repairs to the common elements, or concerning actions of any other Unit Owners shall be made in writing to the Association through the managing agent. b. A copy of the complaint form (see Appendix B) is provided for your use should you deem it necessary to identify a violation of the above Rules and Regulations. The Board of Directors understands the need to maintain a clean and aesthetically pleasing environment. Each Unit Owner deserves such and pays monthly to obtain it. It is also each Unit Owner's responsibility to comply with these Rules and Regulations in an effort to do their part for the Community. Revision Date: 10/1/10 4
8. Deck and Patio Furniture. Grills and patio furniture are to be contained to a deck or patio area. Grills may not be left in the driveway of any unit. 9. Garbage and Refuse Disposal. a. Each Unit Owner shall be responsible for their regular trash removal. b. No Unit or portion of the Common Elements shall be used or maintained as a dumping ground for rubbish or any type of waste, including garden waste. Trash, garbage or other waste shall be kept in trash cans or heavy-duty plastic bags waiting disposal. Trash, leaves and other similar material shall not be burned. Please contact the management company for pickup days. Trash shall be placed outside on the curb in front of the Unit for collection not earlier than dusk on the evening before pick-up. Trash must be placed inside containers with closed lids. All empty trash containers must be stored by the end of the scheduled collection day inside the garages of the dwelling or inside an Association approved storage unit outside the home. If trash is disturbed by animals or pets, the Unit Owner is responsible for cleanup. c. The storage or collection of rubbish of any kind; any materials that emit foul or obnoxious odors; the growing of any noxious weed or other natural substance; and the harboring of the source of any noise or activity which unreasonably disturbs the peace, comfort or serenity of other Unit Owners is prohibited. 10. Hazardous Materials. Nothing shall be done or kept in or on any Unit which will increase the rate of insurance maintained by the Association nor result in the cancellation of such insurance. 11. Unit Owner's Contractor/Unit Owner. No Unit Owner, contractor or workman employed by any Unit Owner shall be permitted to do any work in or upon any home (except for emergency repairs) between the hours of 9:00 p.m. and 8:00 a.m. if such work is likely to disturb the occupants of any other home. 12. Motor Vehicles. The overnight parking or storage of trucks or any other commercial vehicles, including vehicles with commercial signs affixed is prohibited unless housed in a garage. The parking or storage of any recreational vehicles, including but not limited to camping vehicles, boats, boat trailers and other trailers upon a Unit is prohibited. 13. Motor Vehicles (Non-conventional). Any non-conventional motor vehicles, including but not limited to trail bikes, dune buggies and snowmobiles, shall not be driven upon any streets, parking areas, sidewalks, pathways or open common areas, etc. 14. Nuisances. a. No Unit Owner shall make or permit any noises, soot, odor or vibrations that will unreasonably disturb or annoy the occupants or any of the other homes. Nor shall a Unit Owner permit anything to be done that will unreasonably interfere with the rights, comfort, or convenience of other Unit Owners. b. Television, stereo and radio volume shall be lowered after 11:00 p.m. No short wave radio transmitters shall be permitted to be operated in the community without special permission of the Board of Directors. Solar panels are not permitted. c. No occupant shall obstruct or interfere with the rights of any other occupant or in any way cause injury or create an annoyance. Revision Date: 10/1/10 5
d. Each Unit Owner shall be charged with the responsibility of directing his tenant(s), guests and invitees to comply with the Association's Declaration, Bylaws and these Rules and Regulations. 15. Pets. No animals, livestock, pigeons or poultry of any kind shall be raised, bred or kept on any Unit or in any Unit with the exception of dogs, cats or other common household pets (no exotic animals) provided that they are not kept, bred or maintained for any commercial purpose. No more than two common household pets will be allowed in anyone Unit, unless approved by the Board of Directors. Animals shall not be housed outside of any Unit. When outside, animals shall be leashed and the Unit Owner shall be responsible for cleanup. Pets shall not be left unattended outside for any reason. Dog owners will be responsible for keeping their pets from barking unnecessarily and disturbing their neighbors. When walking your dogs, please keep them by the curb and always make sure to clean up after them. 16. Signs. a. Unit Owners or their agents may post one (1) professional pre-printed Real Estate sign, no larger than sixteen inches (16 ) by twenty-four inches (24 ), for the sole purpose of advertising the sale of a Lot where the sign is placed. The sign may be posted on the front lawn, inside a window of the home, or on the rear part of the Lot for Unit Owners that back to Macada Road or Jacksonville Road. b. Real Estate signs must be removed within fifteen (15) days of the signed agreement of sale. c. Unit Owners or their agents conducting an Open House may place directional signs on the Lot and by the entrances no more than three (3) days before the Open House. All signs must be removed at the end of the Open House. d. Real estate signs and related advertisements are not permitted to be displayed in any other manner except as previously described. e. Unit Owners may post two (2) Political signs, no larger than sixteen inches (16 ) by twenty-four inches (24 ), in their front yard or in windows of their Unit. Political signs may be posted no more than thirty (30) days before the date of the election and must be removed within five (5) days after the election. f. Security/Protection signs no larger than five inches (5 ) by seven inches (7 ) may be placed outside in a front flowerbed as close to the home as possible or in a window or sidelight near the front door. One (1) addition security sign may be displayed inside a window or sliding glass door behind the home. 17. Sporting Equipment. No bicycles, scooters, baby carriages or similar vehicles or toys or other personal articles shall be left unattended on any roadway or any part of the common elements. 18. Use of Property, No Unit shall be used for any purpose other than as and for a single-family residence, except as set forth in the Declaration. D. COMPLIANCE WITH RULES AND REGULATIONS It is hoped and anticipated that all Unit Owners will comply with the Rules and Regulations as they are outlined in this document, since they are intended to preserve the character of the Community and the property values of each Owner. In the event that a situation arises where violations have taken place, it is the responsibility of the Board to enforce the established rules in a consistent fashion according to the process outlined in the following enforcement procedures. Revision Date: 10/1/10 6
E. ENFORCEMENT PROCEDURES 1. Reporting Violations. Complaints concerning violations of the Rules & Regulations or any provisions of the Association's Declaration and Bylaws by a Unit Owner or tenant must be submitted, in writing, to the Executive Board or management company, signed by the Unit Owner or tenant. The complaint must be in sufficient detail to determine whether a violation has occurred. 2. Investigation. A member of the Executive Board, Committee member or representative of the management company shall investigate the complaint to determine whether there is reasonable cause to believe that a violation has occurred. 3. First Notification. The Association will send a written notice describing the violation to the Unit Owner and/or tenant, instructing them to correct the violation or respond within ten (10) days. If a violation is not corrected within the amount of days detailed in the letter, or if the Unit Owner has not contacted the Board of Directors concerning the violation, the Board of Directors will proceed further with the enforcement procedures. 4. Second Notification. If no response or correction concerning the violation is performed within the amount of days of the written warning, a letter will be sent to the Unit Owner and a $50 fine, plus costs of the Association (including legal fees), will be assessed to the Unit Owner. 5. Third Notification. If no correction or response within thirty days after the second notification, another letter will be sent to the Unit Owner, and a $100 fine, plus costs of the Association (including legal fees), will be assessed to the Unit Owner. If after the third offense the situation has not been resolved, the Board has the authority, as established by the Bylaws, to initiate any or all corrective action at the Unit Owner's expense. Thus, it would be to each Unit Owner's benefit to abide by the Rules and Regulations, as well as resolve violations prior to elevating to this extreme. 6. Fines and Penalties. Depending upon the seriousness of the violation, the Board of Directors has the right to impose larger fines if the violation or problem disregards the safety of the residents, is in complete disregard of the Association and adjoining neighbors, and/or in violation of the Association's Declaration or Township ordinances. Depending upon the seriousness of the violation, the fine could either be enacted for each incident or a fine charged for each day that the violation remains uncorrected. The penalties for the Unit Owner could include loss of Association privileges. The Executive Board has full authority in establishing the amount of fines and loss of privilege penalties. The amount assessed if due upon receipt of the notice. If the situation persists after the third notice, a fine in the amount of $100 will be assessed to the Unit Owner's account every thirty (30) days, or at an interval as determined by the Board of Directors. 7. Hearing. All Unit Owners and tenants shall have the right to a hearing, which could either be conducted by a Committee responsible for Rules and Regulations enforcement or by the Board of Directors. If a hearing is conducted by a Committee, the Unit Owner or tenant may appeal the Committee's decision to the Executive Board. Any decision made by the Executive Board is final. 8. Noncompliance. In the event that a Unit Owner or tenant does not comply with the violation notice and/or does not pay the amount assessed by the Association, the Executive Board may file legal action against the Unit Owner for collection of the fines and compliance with the Association's Declaration, Bylaws, and Rules and Regulations. Any expense associated with legal action and the collection of fines incurred by the Association shall be added to the complaint and become the responsibility of the Unit Owner to pay. If a judgment awarded by the court remains unpaid, the Executive Board may place a lien for the amount of the judgment, plus costs, against the Unit Owner's property. Revision Date: 10/1/10 7
ESTABLISHED AND ADOPTED, by the undersigned, being the current Board of Directors of the Hanover Pointe Homeowners Association, as of the date set forth above. Brad Meader, President Kelvin Smith, Treasurer Kristie Donnelly White, Secretary Bridgette Cleaves-Falconer, Member Louise Perillo, Member Revision Date: 10/1/10 8