TODAY IS:

   
 
POLICIES ON DEED RESTRICTIONS
The Board has developed policy statements on select bylaw issues. The policy statements represent the Board's interpretations of the bylaws. The policy statements can be found here. The Board has formed a Covenants Committee in an effort to identify and address non-compliance situations. The Committee is comprised of several board members and several non-board member residents of the development.

  • The Community inherited all the deed restrictions and bylaws from the previous Board of Directors (the developers).  In addition, the association’s legal representation is obligated to uphold them.  
  • These Restrictions are “Valid”.  On the Back of the Deed for every property in our development, there is the documentation, which indicates that the Deed Restrictions of the Association are Enforceable against that Deed.  Our purchase contracts included a recognition that we were agreeing to be bound by those rules, which we all signed.  If someone feels that a developer failed to disclose the fact of these deed restrictions, then this is an issue between the homeowner and the developer. 
  • There is a “process” for getting a deed restriction changed.  It requires that 2/3 of the community agrees that a desired change is acceptable.  The Board does not have the authority to make changes without that vote. 

For everyone’s benefit, the violations that generate the most homeowner complaints are as follows (though not in this order):

1: Sheds.  All sheds are currently required to be sided and shingled with the same color and type of material used on the house.  This also includes doghouses.  Sheds cannot be larger than 144 square feet.  [See Article IX, Section 2(h)]. 

2: Fences.  All fences must be no higher than 48 or 60 inches high depending on the block you reside on.  [See Article IX, Section 2 (s)]. 

3: Boats. Boats must be parked in a closed garage or in a back yard provided they are covered with a brown, gray or green tarp and are on a trailer.  [See Article IX, Section 2(d)].   

4: Trailers, Campers & RVs.  Trailers, Campers & RVs may not be kept anywhere, except within a closed garage. [See Article IX, Section 2(d)]. 

5: ATVs.  No three or four Wheeled ATVs, dirt bikes, or unlicensed motorcycles will be operated in the development.  [See Article IX, Section 2(d)].  This is also a town ordinance. 

6: Junk, Dilapidated and Inoperable Vehicles.  These vehicles may not be kept anywhere, except within a closed garage.  In particular they may not be kept in a yard, on a driveway or on an adjacent public street.  [Article IX, Section 2(d)].  This is also a town ordinance. 

The Board wishes to provide a fair and reasonable opportunity for all homeowners to address any bylaw or deed violation.  The Board also recognizes its obligation to those homeowners that do want the deed restrictions enforced.   

It is important to become familiar with all the deed restrictions, and to move towards compliance, so as to avoid any legal issues in the future. 

Copies of the Bylaws and Deed Restrictions Documents can be obtained from the Board for a $10 fee to cover our administrative costs. Please email or write to us should you require a copy.