The following Rules and Regulations of the Trotters Lea Homeowners Association are to assist homeowners, tenants and guests in their enjoyment of the properties, while also protecting their privacy, property and quality of investment. The Rules and Regulations are not intended to limit the generality of the provisions of the Declaration of Covenants, Conditions and Restrictions. WHEREAS, the Trotters Lea Homeowners Association Inc. has been created for the preservation of values and amenities in the Community; and WHEREAS, the Board of Directors of the Association has been assigned the powers for maintaining, administering and enforcing the covenants; and WHEREAS, an Architectural Control Committee has been created to assist the Board of Directors of the Association and residents in establishing standards for the preservation and enhancement of value and beauty of the Trotters Lea Community; and NOW THEREFORE, the following standards, guidelines, rules and regulations are adopted:
A. ARCHITECTURAL CONTROL (See also Article VI Architectural Control Committee of Declarations of Covenants, Conditions and Restrictions)
1. Review and approval by Committee: After the initial construction and improvements upon a lot have been completed, no building or other structure or any other improvements, including any exterior changes to a dwelling, contouring of land and planting shall be erected, placed or altered on any lot until and unless plans and specifications showing the nature, kind, shape, height, materials, floor plans, exterior color schemes, location, and approximate cost of such building, structure or other improvements and the grading and landscaping plan, including topography and contours of the Lot shall have been submitted to and approved in writing by the chairman of the Architectural Control Committee, and subject to applicable Bethel Township Codes.
2. Plans: All submission of plans must be in duplicate, one (1) copy of which will be retained by the Committee regardless of the action taken. Approval shall be made in one (1) way only: By the signature of the chairman of the Architectural Control Committee on each sheet of any plans submitted.
3. Approval: The Architectural Control Committee shall have the right to disapprove of any such plans or specifications or grading and landscaping which are not suitable in its opinion for aesthetic or other reasons; and in so passing upon such plans, specifications and grading and landscaping plan, it shall take into consideration the suitability of the proposed building or other structure, the materials of which it is to be constructed, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, and other dwellings and structures in said subdivision, and the effect of such proposed building or structure as planned on the outlook from adjacent or neighboring properties. In the event that after such presentation of such plans and specifications, the Architectural Control Committee fails to approve or disapprove said plans and specifications with 45 days of such presentation, approval will not be required and this paragraph will be deemed to have been fully complied with. Any member shall have the right of an appeal from an adverse decision of the Architectural Control Committee to the Board of Directors of the Association.
4. It is understood that the said Architectural Control Committee is an Agency of the Association, and the obligation to submit plans and obtain approval as set forth hereinabove in this Article shall apply to the Common Properties as well as other portions of The Properties.
B. LOT AND HOME MAINTENANCE
A concerted effort by all owners and residents is necessary in order to achieve a quality living environment and enhance our investment. The following rules and regulations are established for this purpose:
1. The grass portion of lots shall be maintained weed free and kept at a height of 2 1/2 to 3 inches, trimmed around flower beds, trees, asphalt and concrete. Ruts and bare spots to be top-soiled and re-seeded.
2. Planted beds to contain live plantings and be maintained weed free with fresh bark mulch or stone pebbles in a natural color. Dead plants shall be removed and replaced. The planted bed at the front of the house to be appropriate in size to cover window well and utility boxes but no higher than bottom of 1st floor windows. Decorative borders must be approved prior to installation.
3. Trees and shrubs to be appropriate to the scale of the townhouses. Landscape plantings and trees to be pruned as necessary. Additional trees and shrubs must be approved prior to installation. Trees whose roots have caused upheaval of concrete and asphalt must be addressed and removed.
4. Home exteriors must be maintained in a good state of repair. Roofs, gutters, doors, windows, screens, fixtures, shutters and other elements of the exterior of homes are to be repaired or replaced as necessary. Exterior color schemes of units may not be changed. Mold and mildew on vinyl siding, brick, concrete, decks and patios to be removed on an annual basis to prevent structural damage to homes.
5. Driveways shall be kept free of potholes. Periodic sealing is necessary to prolong the life of the asphalt. Eventually over time driveways will need to be re-paved. Special care shall be taken to not damage grass areas immediately adjacent to driveway with car tires when entering or exiting driveways. Damaged areas to be top-soiled and seeded or sodded within a reasonable time. Damaged areas may not be filled with asphalt or concrete.
C. PATIOS AND DECKS (Requires Architectural Request Form)
All decks submitted for approval must comply with the following specifications: (a) Owner must apply to the Trotters Lea Homeowners Association. An application must be accompanied by a sketch and specifications. Written Association approval must be received prior to applying to the Township for a permit or variance. (All Association approvals are subject to Bethel Township.) (b) Owner must apply to Township for Building Permit and pay necessary fee. There could be additional Township Fees for zoning hearing if variance is required. (c) Contractor to be insured; insurance certificate is to be submitted with application. (d) Deck requirements: 1. Decks to be of pressure treated or higher quality lumber or a composite material in a natural wood color (tan). 2. Flashed properly. 3. Concrete footings - as per Township building specifications. 4. Joists - as per Township building specifications. (e) Decks must comply with all local, state and federal codes. (f) It is recommended that wood decks be treated (waterproofed) by the Unit Owner every two (2) years. If the Owner does not treat (waterproof) the deck the Association will contract to have the deck treated (waterproofed) and invoice the Homeowner. (g) Any repairs needed to decks or patios shall be the responsibility of the Unit Owner. (h) Decks cannot be painted. They may be stained and/or sealed. (i) Original concrete slabs to remain under new decking.
D. ROOFS (Roof replacement and repairs to roofs is a homeowner responsibility and requires an Architectural Request Form)
1. All roofs submitted for approval must comply with the following specifications: (a) Owner must apply to the Trotters Lea Homeowners Association. (b) Owners must contact the Architectural Control Committee or the Management Office prior to emergency roof repairs. Roof specifications will be forwarded.
2. Ridge vents to be replaced with existing brown metal type or shingle over ridge vent type. Shingles must match existing shingle color.
E. PRIVACY FENCES (Located at rear of townhomes)
1. The Privacy Fence on the common wall of individual units may not be removed without being replaced with the same. Alternative materials are not acceptable.
2. The Privacy Fence must be maintained/repaired as needed. The fence should be stained with a natural color and a preservative applied.
3. The Privacy Fence may not be painted.
4. The Privacy Fence may not be extended in size.
F. BARBECUES AND FIRE HAZARDS
1. Permanent barbecues of stone or brick are not permitted.
2. Barbecues or grills may remain outside all year provided they are kept in good condition, covered and stored at the rear of the unit.
3. Fire pits, chimneas, tiki torches, etc. are a fire hazard and not permitted.
4. The use of kerosene heaters in townhouse units is not permitted.
G. LANDSCAPE AND PLANTING (Additional landscaping or removal of requires Architectural Request Form)
1. Live flowers (not artificial) may be planted in the existing beds in the front of units.
2. Additional flower beds or beds where flowers, plantings and landscaping have been added are to be properly maintained by the Owner.
3. Shrubbery at front window should be kept at a height no higher than bottom of 1st floor windows and should be sufficient to cover the window well area and any utility boxes. Shrubs to the side and rear of remaining property should be well maintained and kept at a height appropriate for species.
4. No resident shall cut or remove any trees without first getting written permission from the Architectural Control Committee. Dead trees, after certification from the Board, should be promptly removed by the Owner.
5. Additional planting beds not adjacent to and paralleling the unit exterior must be submitted for approval.
6. Temporary live plants and flowers in pots and baskets should be properly maintained. Empty baskets, pots, hooks for plants are to be out of sight during winter.
7. Window boxes are not permitted in front of unit.
8. Trees and shrubs which obstruct pedestrian traffic on sidewalks shall be cut back or removed by the Property Owner.
9. Fruit trees are not permitted.
10. All flower beds, trees and other plantings are to be mulched annually.
11. Permitted mulch types are: fresh bark mulch or stone pebbles in natural colors.
12. No excavations or changes in grade shall be made without the approval of the Architectural Control Committee.
13. No object(s) shall be stored in such a manner as to impede lawn maintenance.
14. All grass portions of yards shall not be paved or cemented or replaced with any material other than grass.
H. EXTERIOR ANTENNAS (Requires Architectural Request Form)
1. Exterior antennas or satellite dishes of any type are limited to one (1) and should be placed out of sight if possible.
2. Exterior antennas or satellite dishes should be removed immediately once service is terminated through provider.
I. CHILDREN AND CHILDREN’S PLAY EQUIPMENT
1. In the interest of safety, parents and/or guardians are encouraged to supervise their children in all common and hazardous areas.
2. A “Quiet Time” is hereby set for the time periods of 10 p.m. to 8 a.m.
3. Temporary play equipment must be freely moveable and stored and maintained in good repair.
4. Temporary play equipment may not be stored on grass portions of properties.
5. Permanent and temporary children’s play equipment including but not limited to bicycles, scooters, skateboards, carriages, toys, pools, playsets, basketball hoops or other personal articles, shall not be left unattended in any part of the common areas. These items must be removed from lots on a daily basis.
6. Child size pools are permitted. They must be emptied each day, removed from the lawn and properly stored overnight.
J. ATTIC VENTILATORS, WINDOW FANS AND AIR CONDITION UNITS (Requires Architectural Request Form)
1. Approval for attic ventilators must be obtained from the Architectural Control Committee. Attic ventilators or other mechanical apparatus requiring penetration of roof and/or wall should be small in size as functionally possible and should be painted to match the roof. They should be located generally on the least visible side of the roof and/or wall and not extend above the ridge line.
2. Window fans or window air condition units are not permitted in the front windows or side windows of any unit.
K. SIGNS
1. No FOR SALE, FOR RENT, FOR LEASE, LEASED, or SOLD signs shall be displayed, nor shall any advertising be maintained or permitted on any part of the common elements.
2. Realtor issued OPEN HOUSE and FOR RENT signs on private properties may be displayed on Saturdays, Sundays and holidays from 10:00 A.M. to 6:00 P.M.
L. WINDOW COVERINGS
1. The use and covering of the interior surfaces of windows by draperies, shades, horizontal or vertical blinds, shutters or other items visible from the outside of a unit shall be subject to the following: no promotional materials, boldly colored coverings or lettering is permitted.
2. Visible window coverings are to be in white, off-white, beige or pale pastel solid colors. No prints are permitted.
3. Sheets or temporary window coverings in windows permitted only during the first month of occupancy.
4. Shutters installed on the interior, visible from the exterior, to be stained in natural wood colors.
5. No window ornaments, other than those approved by the Architectural Control Committee, will be permitted.
M. STORM AND SCREEN DOORS AND AWNINGS (Requires Architectural Request Form)
1. Full View Storm and Screen Doors at the front door location and replacement of windows and rear patio door are permitted only as approved in order to maintain the harmony and consistency originally intended.
2. The exterior color of the storm/screen door shall match the exterior color of the entrance door/shutters. The exterior color of the rear patio door shall match the original exterior trim paint color.
3. Permanent window or deck awnings are not permitted. Retractable rear deck awnings are permitted only as approved by the Board.
N. COMMERCIAL ENTERPRISES
1. No commercial signs, stands or any other business related advertising or equipment may be erected or visible on any private lot or common area.
O. RESTRICTIONS OF FURTHER SUBDIVISION
1. No private yard upon which a unit has been constructed shall be further subdivided or separated into smaller private yards by any Owner.
P. VEHICLES AND ROADWAYS
The roadways and street signs within Trotters Lea are maintained by Bethel Township. This includes snow plowing, pot hole repairs, paving, and clearing of storm drains.
The use and storage of all vehicles upon the common areas and private yards will be subject to the Ordinances of the Township and Rules promulgated by the Board of Directors.
1. All motor vehicles should be currently licensed and maintained in proper operating condition, so as not to be a hazard or nuisance by noise, exhaust or appearance. No unlicensed motor vehicle of any type shall be permitted to remain overnight.
2. No commercial or other non-passenger vehicle of any type e.g. box vans, step vans, trucks or vehicles with company lettering, three axle vehicles, tractors, etc. shall be parked on any street, driveway, lot or common properties past 9 p.m. in the Trotters Lea Development. Personal vans or pick up trucks are permitted unless loaded with tools, equipment, or materials for business purposes.
3. Company magnetic signage must be removed from vehicles or permanent lettering covered in full after 9 p.m.
4. Motorized/battery powered recreational vehicles including but not limited to ATV’s, mini-bikes, trail bikes, dune buggies, tractors or snowmobiles may not be driven in the Community or stored outside any residence.
5. No utility trailers, portable storage container, mobile homes, campers, motor homes, boats or trucks exceeding 3/4 ton capacity may be parked on the property. Campers stored in garage areas, may be parked in driveways for 3 days prior to planned trips.
6. The Association shall enforce ANo Parking@ areas on the roadways within Trotters Lea.
7. Due to the limited street parking throughout the community, all vehicles left on the roadways must be currently in use and not being “stored” on the street.
8. During snow and ice emergencies, vehicles must be removed from the roads in order for the Township to plow properly. Fines will be levied for vehicles not moved during snow/ice emergencies.
9. In order for access routes to be kept clear, in the event of an emergency, vehicles must not be parked in the areas provided for that purpose.
10. Parking spaces shall be used only for private passenger vehicles normally accommodating fewer than ten (10) persons.
11. No vehicles shall be parked on the common areas, including by way of example, but not limited to, trailers of any variety, boats, mobile homes or recreational vehicles.
12. No vehicle shall be parked in such a manner to impede or prevent ingress or egress of other cars.
13. The Owners, tenants, their employees, servants, agents, visitors and their families shall obey all parking regulations.
14. No vehicle shall be left in a parking area or driveway in a non-operable condition, nor shall there be any major repairs done to vehicles in a parking area or driveway including oil change.
15. No parking shall be permitted on the grass.
16. No vehicle shall cause or contribute to any damage to the road surface or adjacent structures.
17. In the interest of safety, the driveways, walkways, entrances, etc., shall be used only for access and must not be obstructed.
Q. PETS
1. All pets must be kept under the control of their Owner or handler when they are outside of a unit and must not become a nuisance to other residents.
2. Pets must be leashed in accordance with PA Law.
3. Pets must not encroach onto a neighbors=s property. Owners are responsible for any property damage, injury or disturbance caused by their pets.
4. Pet Owners are responsible for the immediate removal of their pet(s) solid wastes from common areas or private property, streets and sidewalks.
R. TRASH
1. The storage, collection and disposal of trash shall be in compliance with Rules set by the Association and within the Ordinances set by the Township.
2. Trash containers, receptacles, plastic bags, etc., shall be stored in the garage, rear closet of a unit or placed in a tightly lidded trash container out of sight from the street at the rear of the unit with the exception of #3. below:
3. The container, receptacle or sealed plastic bag shall be placed in front of the home only on the day or night (after 6:00 P.M.) before collection. Residents are responsible for clean up of all trash in the area of their unit.
4. Trash and recycling containers to have address numbers permanently marked.
5. No area of the property or common property is to be used as a storage area or dumping ground for trash of any kind, including grass clippings, mulch, leaves, dead plantings, hardscaping, holiday trees and other debris.
6. No burning of trash, leaves or other similar material is permitted.
S. HOLIDAY DECORATIONS
1. Winter holiday decorations may be displayed after Thanksgiving and must be removed by January 15th.
2. Other holiday decorations should be kept to a minimum. Installation and removal of said decorations must be two weeks prior to and after the holiday.
3. Holiday decorations and lighting should not extend upon or beyond the common sidewalk. When hanging lights, care should be taken so as not to do permanent damage to wood decks or create a fire hazard.
T. MISCELLANEOUS (Requires Architectural Request Form when applicable)
1. No detached in-ground flagpoles will be permitted.
2. No clothesline or other fixed clothes drying apparatus may be placed or erected on any lot or common property without the approval of the Architectural Control Committee.
3. No exterior animal shelter structures are permitted. Fencing for pets is not permitted on properties or common areas. No cabling between two points for the attachment of an animal chain or lead.
4. No bird baths, lawn ornaments or benches which can be viewed from the street may be placed on/or affixed to the property without the prior written approval of the Architectural Control Committee.
5. Personal belongings, lawn furniture and play equipment are not permitted to be stored under decks.
6. Patio furniture, when kept outside, must be placed on patios, decks and/or porches and kept in good condition.
7. There shall be no storage of firewood on any common property. Firewood must be stored in the back of the unit away from the house wall, neatly stacked and elevated.
8. Patios are not considered storage areas, except for standard patio furniture, grill, etc., which should be kept in good condition and of a reasonable size and number.
9. Large storage bins or sheds for storage of items not permitted.
10. No fences of any type, wall, hedge, planting or similar structure. A generally open and unobstructed condition shall be maintained.
11. Wind chimes and bird feeders are permitted at the rear of the unit only.
12. Exterior solar lights are limited to 4 in number, black in color and no taller than 12” in height.
13. No permanent above ground or below ground pools including but not limited to hot tubs or Jacuzzis may be built or placed on any Lot. Child size pools should be emptied each day, removed from the lawn and properly stored overnight.
14. Ponds are not permitted on properties.
15. In consideration of other homeowners, no homeowner shall make or permit any noise, vibration, or odor that will disturb or annoy the occupants of any other dwellings.
U. VIOLATIONS - NOTIFICATION AND FINING PROCEDURES
The Board has determined that the imposition of fines on Lot Owners who violate the Trotters Lea Rules and Regulations and General Provisions of the Declarations will deter violations and enforce compliance. The Board has adopted the following standards regarding procedures for imposing fines on Lot Owners who violate the Rules and Regulations of the Community.
1. The Board or its Managing Agent shall notify the lot Owner responsible for a violation in writing and describe the violation with reasonable specificity. A fourteen (14) day follow-up inspection will be completed following that notice.
2. In the event the violation is not abated or rectified within this time frame or occurs again, the Board will impose a fine of $100.00 and so advise the Lot Owner in writing.
3. Following the fine notice, should the violation continue, a fine of $25.00 per day will be imposed.
4. Trash - Violation of Section “R” will result in an additional $ 25.00 fine above and beyond the $100.00 fine.
5. Pets - Failure to remove your pet(s) solid waste from any common area or lot or coupled with any pet regulations will result in an additional $25.00 fine above and beyond the $100.00 fine per incident.
6. Any fine imposed in accordance with this Procedure shall constitute a common expense assessment and a lien against the Lot and shall be collectible in the same manner as provided for in the Collection of Common Assessments. Accordingly, all legal fees, interest, court costs and other fees incurred in the collection of the fine shall be the responsibility of the Lot Owner.
7. A Lot Owner charged with a violation of the Rules and Regulations shall have the right to request a hearing by the Board or its designated Committee by submitting such a request in writing to the Board or the Managing Agent within ten (10) days of the date of the notice or violation. Daily violation fines, when applicable, may continue to accrue pending an appeal so long as the condition which created the violation continues to exist. In any event, the decision of the Board shall be final.
8. The fining procedure set forth in this Procedure shall not be exclusive of other rights and remedies available to the Board of Directors of Trotters Lea.
9. Enforcement: The Association shall have the express power and the right to enjoin the construction of any structure or other improvement, and to order the removal of any structure or improvement on any property or the Common Properties, where approval for the said construction or other improvement was not obtained in strict compliance with the provisions of these Rules and Regulations. This paragraph is intended to make provisions for any such action in equity in the Court of Common Pleas of Delaware County, Pennsylvania, but not to limit in any way the rights and remedies available to the Association.
Any complaints regarding the maintenance of Trotters Lea should be directed to the Property Manager, Tom Cahill, at tec@zoominternet.net.
Any consent or approval given by the Board of Directors or its Agent under these restrictions may be revoked or modified at any time.