Village Rules
Revised April 1, 2008
Exterior of Buildings
Interior of Buildings
Grounds and Walks
Pets
Vehicles
Equipment and Installations
Water and Plumbing
Fire Safety
Miscellaneous
Rules Violations
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.
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).
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, aerial 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. The Council may require all homeowners to use a master antenna or cable, and in connection therewith, prohibit the use of individual outside antennas or aerials.
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 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). The color restriction is not applicable to umbrellas acquired prior to 1998, but must be of approved colors when replacement is necessary.
c) Potted flowers may be hung or sit on balconies, patios, decks (not on any railings) and in front of or on carport entrances. Vegetable plants and herbs may be grown in planters on patios or decks (not on any railings), or in the garden, so long as they are properly maintained.
d) Small, non-garish, decorative objects may be on balconies, patios, decks, entrance areas and planted beds.
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 which might prove potentially hazardous, such as window boxes and flower pots, shall be placed upon the window sills, balcony railings or deck 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.
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.
3. 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.
4. 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.
5. No musical instrument, phonograph, television, radio or sound amplifier shall be played or operated in such manner as to disturb or annoy other residents of the Village. All parties shall lower the volume of the foregoing as of 11:00 PM of each day. 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. For security reasons all lock changes shall be made at the homeowner’s expense by a locksmith. Homeowners should feel free to install inside chains, bolts, belts or any device which they might deem necessary for their protection when the house is occupied.
8. 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 pan.
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, except as may be otherwise permitted or directed by written instructions of the Council. 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. Birdbaths (of reasonable size and style - no fountains) may be placed in the mulched area around the house. No birdbath is to be placed in the common area without Council’s prior written permission. 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, except that a homeowner may plant flowers in a bed adjacent to his house, provided that such bed dos not extend more than 18 inches from his house. Shrubs, ferns and moss may be planted with prior approval of Council in said beds. 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 his expense. There shall be no espaliering 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.
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, when not on a leash, be kept within their owner’s house. Pets may also 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 or raised in a house over the objection of any other resident of the Village; and in no event shall more than two domestic pets be kept in any unit without prior approval of Council. 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. 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. Do not flush plastic bags in toilets.
F.
VEHICLES
1. Automobiles and any other permitted vehicles shall be parked in the assigned carport or in a designated parking space, provided that assigned carports shall 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. 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.
3. Keep to the right of islands when driving into cul-de-sacs.
4. Parking on lawns is not permitted at any time.
5. Parallel parking is not permitted at any time.
6. 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.
7. 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.
8. No boats, trailers, trucks (including pick-ups), or any vehicles other than automobiles, shall be stored or left unattended on the Village Land except in such areas as may be designated by the Council, and no commercial vehicles shall be left or stored on the Village Land. Trucks must be parked or stored in the approved parking area designated by Council.
9. Homeowners are responsible for all damages, and costs related thereto, caused by moving vans and delivery trucks, regardless of size.
G.
Equipment and
Installations
1. No tampering or interference with, attempt to repair, alter or make a connection with any electrical, telephone, water, sewer or other utility cable, pipeline, apparatus or equipment by any person other than a qualified contractor shall be permitted without the written permission of the Council. Before installing and operating any machinery, or heating device, 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 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, phonographic, 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.
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.
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 ½ 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. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Golf Carts
Carts may not be parked on or driven over common grass areas.
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 the Council must submit a request, in writing, to the managing 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. (Amendment dated April 1, 2008, revised.)
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. 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 with reasonable particularity. 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) The fining procedures set forth in this Rule shall not be exclusive of other rights and remedies available to the Association or the Council.