November 2011
Residential Use Only
Exterior of Buildings
Interior of Buildings
Grounds and Walks
Pets
Vehicles
Equipment and Installations
Water and Plumbing
Fire Safety
Miscellaneous
Rules Violations
RULES OF THE VILLAGE
OF DEVONSHIRE
These Rules are promulgated by the Council of the Village of
Devonshire pursuant to the powers given to the Council in Sections
2.3 (e) (i) and (xi) of the Declaration of Covenants and Easements
for the Village of Devonshire dated October 18, 1979 for the purpose
of regulating the use of the houses and the common area (including
any buildings and facilities thereon) for the mutual benefit of all
homeowners, bona fide residents of all houses, and bona fide guests.
These Rules shall be binding upon all homeowners, all tenants
or residents of the houses, guests or employees of the homeowners or
persons invited onto the Village Land by a homeowner for any reason,
or any person coming onto the Village Land for any reason.
It shall be the responsibility of each homeowner to see to it
that the tenants or residents of his/her house and any guest,
service man, employee or other person invited on the Village Land
by such homeowner obeys the Rules.
These Rules shall not be deemed to limit or restrict any of
the rights reserved to the Declarant in the Declaration including,
but not limited to, the development rights reserved in Section 1.7
(e) thereof.
A.
RESIDENTIAL USE ONLY
1.
No part of the Village Land
shall be used for other than residential purposes and related
recreational and other purposes for which the
Village
Land was designed.
Each house shall be used only as a residence for a single
family.
2.
No industry, business, trade, occupation or
profession of any kind, commercial, religious, educational or
otherwise, designed for profit, altruism, or otherwise, shall be
conducted, maintained or permitted on any part of the Village Land
(except professional offices to the extent permitted by the Zoning
Ordinance of East Goshen Township), nor shall any “For Sale”, “For
Rent” or “For Lease” signs or other window displays or advertising
be maintained or permitted on any part of the Village Land or in or
on any Residential Building or other building or improvement therein
(hereinafter collectively referred to as “buildings”) nor shall any
house be used or rented for transient, hotel or motel purposes.
“Open House” signs are permitted only during the actual hours
of the Open House (see Section D.2).
B.
EXTERIOR OF BUILDINGS
1.
No sign shall be displayed on or from, or
any rug, laundry, aerial, fan, air conditioner, wire or other object
allowed to hang or protrude from any window or door.
All storm or screen doors, window screens or screening not
installed by the Declarant shall be subject to the Council’s written
approval prior to installation as to appearance, design, materials
and manner of installation.
Any unauthorized installations are liable to removal without
notice and at the cost of the homeowner for whose benefit the
installation was made.
No exterior shades, awnings or window guards shall be used except
with the Council’s prior approval.
No sign, antenna, satellite dish or other object shall be
erected on the exterior of any building or on any part of the common
area without the Council’s prior written approval; except: (1) a
single United States flag
may be displayed on the homeowner’s unit
with an appropriate mounting, and (2) wreaths of natural
materials, including silk, may be hung within the entrance area.
Please contact the Management Office for appropriate forms.
See Rule B.6 for instructions on satellite dish.
The foregoing shall not prohibit
the display of customary holiday decorations, subject to such
specific limitations on type, manner of display, and duration as the
Council may from time-to-time fix and determine.
2.
No rugs shall be beaten on patios,
balconies, or outdoor living areas, nor shall dust, rubbish or
litter be shaken, swept or thrown from any window, door, patio,
balcony or outdoor living area.
No laundry shall be aired from any balcony or patio, or on
any other part of the Common area.
3.
No bicycles, toys, tires, tools, ladders,
decorative objects, including bird baths or any other items of
personal property shall be stored or left on any balcony, patio,
deck or stoop, or any part of the common area, except:
a)
Patio furniture may remain set up on such
balconies, patios and decks.
The only furniture permitted to remain on stoops is a metal
or wooden bench or chair in brown, black or white color.
Folding, stacking, or lawn chairs, and other non-complying
chairs, shall be removed from the stoop when not in use.
Empty planters shall be kept in storage areas when not in
use.
b)
Sun umbrellas may be on balconies, patios
and decks, if in brown colors (two-tone permitted).
Hot tubs are not permitted.
c)
Potted flowers may be hung or sit on
balconies, patios, decks and in front of or on carport entrances.
Vegetable plants and herbs may be grown in planters on patios
or decks, so long as they are properly maintained.
d)
Small decorative objects may be
displayed on
balconies, patios, decks, entrance areas and are not to be placed on
common areas.
This Rule B.3 is subject to such
regulations as the Council may from time-to-time issue and,
notwithstanding the four stated exceptions, Council retains the
option to require the removal of any property it deems objectionable
or inappropriate.
4.
The following rules apply to the exterior of buildings:
a)
There shall be no painting, staining or
color change of the exterior of any building, or any alternation or
addition to any building (including but not limited to any exterior
doors, fence, deck railing or partition) without the prior written
consent of the Council pursuant to Article IV of the Declaration.
The Chairman of the Maintenance Committee has paint for
touch-up purposes. Call
the Management Office if you would like to do touch-up painting.
b)
No articles, such as window boxes and flower
pots, shall be placed on any exterior window or trim, or second
floor balcony railings of any house.
Safety and insurance considerations dictate that no one shall
be allowed to sit or lie on balcony railings, deck railings or roof
structures.
5.
All drapes, curtains, blinds, shades, screens and other types
of window coverings (both lined and un-lined) or door coverings
visible from outside the house will be backed on the exterior side
with a white, off-white or other neutral or natural colored liner.
The Council may require the removal of any interior window
coverings or door coverings which, in the sole opinion of the
Council, are offensive or inappropriate when viewed from outside the
house.
6.
A satellite TV dish antenna no greater than eighteen inches
in diameter may be installed with written approval of the Council
prior to the installation, in a location that provides an adequate
signal. Installation and
maintenance of the antenna and the areas affected by the antenna is
the responsibility of the homeowner as long as satellite service is
active. An Architectural
Request Form for Installation of a Satellite Dish (Form DA16) may be
obtained from the Management Office.
If satellite service is discontinued, the antenna must be
removed and the area restored at the homeowner’s expense.
When the unit is transferred or sold, and the new owner does
not secure satellite service, the antenna must be removed and the
area restored at the homeowner’s expense.
The Hershey’ Mill Comcast basic service and monthly fee will
not be offset by the installation of a satellite dish.
C.
INTERIOR OF BUILDINGS
1.
No name, advertisement, sign or notice,
shall be placed on any part of the buildings or the common area
(except signs advertising professional services permitted under
paragraph A2 above which signs shall in any event be subject to the
prior approval of the Council), except that a resident of a house
may place his name on or adjacent to his front door as long as it is
not obtrusive.
2.
All garbage and other refuse shall be kept
out of sight in waterproof containers in the trash enclosures.
Each resident of the Village shall take all reasonable steps
to prevent such containers and the contents thereof from emitting
odors sufficient to annoy any other resident of the Village.
No dust or dirt shall be shaken, swept or otherwise dropped
or deposited in any common area.
All damage to the common area caused by the moving or
carrying of articles, and all need for unusual cleaning, shall be
paid by the homeowner responsible for causing such damage or need.
Owners are responsible for general cleaning of inside trash
bin areas.
3.
Disposals shall be utilized for, and shall only be utilized
for, the disposal of all garbage for which suited.
All other garbage and refuse shall be deposited only in the
containers provided therefore and only at such times and in such
manner as the Council shall direct.
4.
No noise or vibration shall be made or cooking or other odor
created, nor shall any work or other thing be done, which shall
unreasonably disturb or annoy or interfere with the rights, comfort
or convenience of other residents of the Village.
5.
No musical instrument, television, radio or music sound amplifier shall be played or operated in such manner as to
disturb or annoy other residents of the Village.
All residents shall lower the volume of the foregoing as of 10:00
PM. No vocal or instrumental instruction shall be permitted at
any time.
6.
Contractors or workmen employed by a homeowner shall not be
permitted to do any work in any house (except for emergency repairs)
during hours when such work might interfere with the comfort of the
residents of the Village.
No furniture, appliance or other heavy or bulky materials
shall be delivered to or from any dwellings between the hours of
6:00 PM and 8:00 AM or on Sundays or legal holidays
if such work or delivery is likely to disturb the residents of the
Village, without the consent of the Council.
7.
The Hershey’s Mill Security Department will retain a master
key for use in case of emergency repairs or needs of any emergency
nature. No homeowner
shall alter any lock or install a new lock on any door leading into
his house without the prior consent of the Council, which consent
shall not be unreasonably withheld.
Should such a lock change be authorized, Hershey’s Mill
Security will be contacted to key your lock to a master key.
When purchasing a new lock set, please make sure the lock you
purchase is not a “Smart Key” lock and can be keyed to more than one
set of keys.
For security reasons all
lock changes shall be made at the homeowner’s expense by a
locksmith.
8.
Hershey’s Mill emergency
alarm systems must be connected to a hardwired landline-based
phone system, regardless of any other voice communication system in
use in the unit, i.e., VoIP, cell phones, etc.
Failure to maintain a landline phone will result in fines of
$25 per month.
Owners of vacant units must keep an active landline in their unit at
all times, regardless of
vacancy.
9.
Washing machines must be connected to water lines with steel
reinforced hoses.
10.
Water heaters, when replaced, must be installed in a drain
pain.
D.
GROUNDS AND WALKS
1.
The land or plantings in the common area
shall not be filled, seeded, planted, cultivated, rolled, cut,
trimmed, edged, fertilized or otherwise treated, except in
accordance with written instructions issued from time to time by the
Council, or, in the absence of applicable instructions, except with
the Council’s written permission.
Walks shall not be obstructed, or used other than for ingress
or egress. Each resident
of the Village shall use care to prevent littering of the common
area.
2.
No signs, including ornamental flags,
pennants or balloons are to be displayed in the Village.
The one exception is a temporary “Open House” sign, which may
be displayed from 11 AM
to 4 PM on the day of the Open House.
No lampposts, fences or adornments shall be erected or placed
anywhere within the Village without the Council’s prior written
permission. Two
exceptions to this Rule are bird feeders and birdhouses (of
reasonable size, style and number) which may be hung in trees or
mounted on posts, provided they do not adversely affect other
residents or overall Village appearance.
Council has the right to require removal of any bird feeders
that are not properly maintained.
Feeding wildlife is prohibited.
Birdbaths are not permitted
in the Village.
No existing fences or enclosures, walks, or curbs shall
be painted, written or drawn upon, used to mount a sign, removed,
marked, or otherwise defaced.
Lawn chairs, tables, barbecues,
game equipment, toys and other such items shall be placed
upon the common area only at such times and places as the Council
may from time to time prescribe, and shall be removed from the
ground when not in use unless otherwise permitted in writing by
Council. No part of the
common area except the enclosed carport storage areas
shall be used for
storage. For the storage of golf carts see separate rules governing
the ownership and use of resident-owned golf carts.
3.
Firewood shall be stored only in a
homeowner’s carport, on his patio or in such other areas as may be
designated by the Council from time to time and must be stored at
least two (2) inches off the ground and at least two (2) inches away
from any building surface.
4.
No fires shall be caused or permitted except
for outdoor cooking grills permitted under Section I or wood in
fireplaces.
5.
No refuse shall be carried through, over or across any common
area except in a watertight bag or other container adequate to keep
the refuse from offending the sensibilities of other residents of
the Village, and from soiling the common area.
6.
No plants, including shrubs, trees, flowers, vines, ferns,
moss or grass shall be planted on or removed from any part of the
common area without the prior written consent of the Council. A
homeowner may plant flowers in a bed adjacent to his house, provided
that such bed does not extend more than 18 inches from his house.
Shrubs, ferns and moss may be planted with prior approval of
Council. The homeowner will
be responsible for the maintenance of such bed, and if it is not
properly maintained the area will be re-sodded at the homeowner’s
expense. There shall
be no growing or spiraling
of plants against buildings.
Annuals may be
planted in the common bed area and should be planted at least ten
(10) inches from the edge to facilitate lawn mowing and edging.
Owners must submit a
Landscape Request Form for additional plants.
7.
Owners are required to water new plantings.
E.
PETS
1.
Dogs, cats, or other animal pets may be kept
in the house provided, however, that the presence of such animals
does not disturb or interfere unreasonably with the rights, comfort
or convenience of any other resident of the Village or cause damage
to plants and property or injury to people.
Dogs, cats and other ambulatory pets shall be kept on a leash
at all times when outside their house.
Pets may be allowed on patios and decks while being
supervised by an adult in the home.
The owner of a house where any animal is kept or harbored or
whose invitee brings any animal upon the Village Land shall be
responsible for and shall indemnify and hold harmless the Council,
the Homeowners Association and each other homeowner from and against
any loss or liability to person or property of any kind arising out
of the presence of such animal on the Village Land.
2.
No animal, insect, fish or reptile of any
kind shall be bred in
a house; and in no event shall more than two domestic pets be kept
in any unit. Any solid
waste left on any common area shall be promptly placed in a bag, by
the person responsible for the pet, and put in the pet owner’s
refuse container. Do not
flush plastic bags in toilets.
Every pet owner shall take all reasonable steps to prevent
the noise, waste or odors of his pet from annoying other residents
of the Village. The
Council shall have the right to require that any potentially
dangerous or habitually diseased, infested, unclean or noisy animal,
reptile, fish or insect, be removed from the
Village Land.
In the event of the breach of this Rule, the Council or its
Agent, in the sole discretion of the Council or its Agent, may
require of the owner of such pet or animal that it be permanently
removed from the Village Land.
F.
VEHICLES
1.
Assigned carports must be utilized as the primary space before outside parking spaces are
used. No vehicle shall
park, stop or stand along the side or in the middle of any entrance
or exit driveway or within a parking area so as to impede or prevent
ready access to and from any other vehicle or parking space.
No inoperable or unlicensed vehicle shall be parked within
the Village Land
for more than 48 hours.
The Council shall have the right to cause any vehicle not conforming
with these regulations to be moved or towed away, as necessary, at
the expense of the responsible homeowner, and without liability for
damage caused to the moved or towed vehicle.
2.
No
vehicle shall be parked in such a manner as to obstruct free access
for other residents to and from their house.
Council reserves the right to restrict open parking areas for
“Guest Parking Only.”
3.
In
no situation will a golf cart be permitted in a carport where it may
displace car storage.
4.
Oversized passenger vehicles which cannot be parked in a carport
cannot be stored on Village Land.
5.
Garages with doors must be kept closed when not in use for ingress
and egress of vehicles.
6.
All parking regulations, speed limits (17 mph)
and other traffic regulations posted or
promulgated by the Council from time to time shall be strictly
obeyed.
7.
Keep to the right of islands when driving into cul-de-sacs.
8.
Parking on lawns is not permitted at any time.
9.
Parallel parking is not permitted at any time.
10.
No blowing of any horns or screeching of any tires shall be
permitted approaching or upon any of the driveways or parking areas upon the Village Land
except as may be required for the safe operation of the vehicle.
11.
No vehicle shall be repaired, tuned, or otherwise
mechanically serviced (except for emergency repairs); nor shall any
vehicle be washed on the Village Land.
They may be polished or waxed in the owner's carport.
12.
No boats, trailers, trucks (including pick-ups), or any
vehicles other than automobiles, shall be
stored or left unattended on
the Village Land.
No commercial vehicles shall be left or stored on the Village
Land.
13.
Homeowners are responsible for all damages, and costs related
thereto, caused by the homeowner,
moving vans and delivery trucks, regardless of size.
G.
Equipment and
Installations
1.
No tampering or interference with, attempt
to repair or alter any electrical, telephone, water, sewer or other
utility cable, pipeline, apparatus or equipment by any person other
than a qualified, insured contractor shall be permitted without the written
permission of the Council.
Before installing and operating any machinery, heating
device, electric automobile charging line or other unusual
equipment, each homeowner and occupant intending to install or
operate same shall in each and every instance obtain the written
permission of the Council, which shall be promptly given or denied.
2.
No person other than a qualified, insured
contractor shall go upon the roof of the residential buildings,
carports or other buildings, without the prior written permission of
the Council.
3.
All radio, television, audio or other
electrical equipment of any kind, and all appliances of every kind,
however powered, such as washers, dryers, space heaters, sun lamps,
and the like, installed or used in a house shall comply with all
Rules, requirements and recommendations of all public authorities
and boards of fire underwriters having jurisdiction.
H.
WATER AND PLUMBING
1.
The water shall not be left running for any
unreasonable or unnecessary length of time in any house or carport.
Use of water for shrubs and lawn care, or any purpose other
than necessary for human consumption, shall be subject to
regulations and limitation by the Council.
Water leaks or drips from
inside faucets, toilets, etc.
must be repaired promptly to avoid unnecessary expense to the
Association.
2.
Toilets and drains shall be used for no
other purpose than that for which they were designated.
Sweepings, rubbish, rags, papers, plastics, ashes or other
non bio-degradables shall not be deposited therein.
Any repairs necessitated by the misuse of such facilities
shall be charged to the offending homeowner.
I.
FIRE SAFETY
1.
Fire Extinguishers
a)
Each homeowner must have at least one fire
extinguisher (2 1/2 or 5 lb, rated A-B-C) and must check it annually
for proper pressure and recharge if necessary.
2.
Cooking Grills
a)
No grill shall be used within 6 feet or the
side of a home, nor on or under a wooded structure or under an
awning or tree.
b)
Grills shall be attended to at all times
when in use, and a fire extinguisher kept readily accessible.
c)
Propane tanks shall be stored outside the
home, with the gas valve shut tightly and a plastic screw-in plug
inserted in the gas outlet.
d)
The tank, gas hose or ignitor of a propane
grill shall be inspected annually.
3.
Fire pits and turkey fryers are strictly prohibited.
4.
Smoke Alarms
a)
At least one battery-operated smoke detector
shall be installed in each home to provide back-up for the
central-system alarms.
b)
Central-system smoke detectors and panic
buttons shall be tested periodically, as dictated by Council, to
make sure they are in working order.
Owners of vacant units must keep an active landline in their
unit at all times, regardless of vacancy.
Disconnected landline phone service will result in fines of
$25 per month.
5.
Fireplaces & Dryer Vents
a)
Each chimney shall be inspected at least
every other year for creosote build-up, water leakage or blockage,
and cleaned at the homeowner's expense, if necessary.
Dryer vents shall be inspected and cleaned every other year,
at the homeowner’s expense.
6.
Flammable Liquids
a)
Flammable liquids, such as charcoal-fire
starter, kerosene or paint thinner, shall be stored in a garage or
carport in an approved metal container.
7.
Garden Hose
a)
At least 50 feet of garden hose, with an
appropriate nozzle, shall be kept outside year round at each home
that has an outside faucet, for emergency use.
Disconnect the hose in winter and leave in place.
8.
Auxiliary Heaters
a)
Propane and kerosene heaters are prohibited.
b)
Auxiliary electric heaters shall be attended
to at all times when in use, and shall be shut off when the
homeowner leaves the room for an extended period of time.
All heaters must be U.L. approved.
9.
Nothing shall be done to or kept in any house or in the
common area which will cause the cancellation of, or reduction of,
coverage of or increase the premium of any of the insurance
maintained by the Association pursuant to the Declaration or
which would violate any law, ordinance or regulation.
10.
Golf Carts
Carts may not be parked on or driven over common grass areas.
J.
Miscellaneous
1.
Any complaints regarding the maintenance and
condition of the Village Land or the actions of the Council or its
officers, agent, employees or independent contractors, or of any
homeowner or any members of his family, guests, invitees, employees
or independent contractors, shall be made in writing to the Council
or its Managing Agent which shall be permitted (except in
emergencies) a reasonable time in which to study and act upon the
complaint before any other action is taken by the complainant.
2.
Any consent or approval given by the Council
or its Managing Agent under these Rules may be amended, revoked or
modified at any time.
3.
No homeowner or resident of the Village of Devonshire
shall attempt to direct, supervise, or in any manner attempt to
assert any control over the employees of the Homeowners Association
or the Council or the Council's Managing Agent.
No employee shall be used to perform any function or service
except that for which said employee is employed.
4.
The Council may delegate any of its
responsibilities hereunder to its Managing Agent, except that only
the Council may amend these Rules.
5.
All meetings of the Devonshire Village Council shall be open
to Members. Members wishing
to address Council must submit a request, in writing, to the
Management Company, including the topic of discussion, at least 72
business hours prior to the Meeting.
General questions will be entertained at the end of the
Meeting.
K.
RULES VIOLATIONS - NOTIFICATION AND FINING PROCEDURES
1.
In the event a “Notice of Violation” of the
Rules and Regulations is necessary, the following process will be
followed:
a)
Complaints of rules violations must
be in writing and signed by the complainant.
Email communications are acceptable.
If violation is
determined to exist, an informal discussion with the homeowner will
follow. If this is not
possible, or proves unproductive, Council or the Managing Agent
shall notify the homeowner responsible for the violation, in
writing, and describe the violation.
The homeowner will have ten (10) days to cease or make the
necessary correction. In
the event the violation is not abated or corrected by the homeowner
within ten (10) days from the date of notice of violation, Council
may impose a fine to a maximum of $50 or per-day fines may be
imposed. This notice
will be mailed to the homeowner via Certified Mail.
b)
A homeowner charged with a violation of the
Rules shall have the right to request a hearing by Council.
Such requests must be in writing and submitted within ten
(10) days of notice of violation.
A hearing will be scheduled within thirty (30) days of
receipt of request.
Council will then issue a decision within ten (10) days of the
hearing.
c)
Failure to pay a fine within 90 days after
notice of fine or decision of hearing may result in collection
action. An interest rate
of 6 percent per annum may be added as long as the fine remains
unpaid.
d)
The fining procedures set forth in this Rule shall not be
exclusive of other rights and remedies available to the Association
or the Council.
B/DV 2011 RULES.DOC