Yorkshire Downs Condominium Association

YDCA RULES & REGULATIONS

Rules and Regulations

These Rules and Regulations are adopted by the Board of Directors of the Yorkshire Downs Condominium Owners Association, Inc., pursuant to the Declarations of Covenants, Conditions and Restrictions of Yorkshire Downs Condominium Owners Association (the “Declaration”). Where there is a conflict between the Declaration and these Rules and Regulations, or where the Declaration is more specific than these Rules and Regulations, the Declaration shall control.

Please Note: All owners should familiarize themselves with provisions of the Association Declaration, Articles of Incorporation and Bylaws, and Rules and Regulations. Copies of these documents should have been provided to you by the Seller at the time you purchased your property. You are responsible for assuring that your guests, visitors and tenants comply with these Rules and Regulations and the Declaration. Yorkshire Downs is currently managed by Community Group, herein referred to as “Management Company.” If you need a copy of the Rules and Regulations for any purpose (i.e., to provide to your tenants) or if you have any questions about any of these governing documents, please contact the Management Company, currently Community Group at (757) 873-1800 and ask for Marsha Hoiberg.

PURPOSE

To ensure that Yorkshire Downs continues its reputation as a high-standard community, reflecting an excellent quality of life for residents and guests.

To establish standards which will apply to all residents and guests.

To work inclusively to inform and enforce standards in a spirit of cooperation and sensitivity to all neighbors.

To aid in maintaining the value of the owner’s investment in the Yorkshire Downs community.

To clarify and further the intent of the Declaration of Covenants, Conditions, and Restrictions of Yorkshire Downs.

GENERAL RULES

1. These Rules and Regulations, the Declaration, the Articles and Bylaws shall be enforced by the Board of Directors and Individual Assessments for infractions may be levied in accordance with the Declaration and Bylaws.

2. Parents are responsible for infractions committed by their children; and Owners are responsible for infractions committed by their tenants and guests.

3. The Board may adopt such reasonable rules as it deems proper for the Association. A copy of said rules, as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, said rules shall be in full force and effect and shall be enforced against each Owner. It shall be the Owners' responsibility to provide the Owners' tenants with the Rules and Regulations.

AIR CONDITIONING: Architectural Review Committee (“ARC”) approval must be received to install an air conditioning condenser in the common area. Complete the “ARC” form, available from the Management Company. Forward the completed form and all required information to the Management Company.

ANTENNA AND SATELLITE DISH INSTALLATION: To avoid problems after installation, the owner must complete the “ARC” form, available from the Management Company prior to installation of all antennas. The Association’s intent is to make these devices as unobtrusive as possible while providing access to the desired signals. Installation of all antennas and satellite dishes must comply with manufacturer’s installation instructions and any applicable building or safety codes.

COMMON ELEMENTS: All roadways and walkways shall be clear for emergency traffic. No furniture, bicycles, barbecues, toys or other items of personal property shall be stored, left or parked on a roadway, walkway or any other place within the Common Elements.

No resident shall sweep or throw any debris onto the Common Elements.

DAMAGES: Damages caused by an owner, family member, tenant, guest or pets, to any of the common area must be repaired by the owner involved with prior authorization from the Board and at the owner’s expense. Repair means that the damaged common area must be returned to the same or better condition than it was in prior to the damage. Unless the owner obtains authorization from the Board to repair the damage within a reasonable time, the Association will have the damage repaired at the owner’s expense. The owner will then be provided an itemized invoice of the nature and cost of the damage, and shall be responsible for paying the invoice within thirty (30) days. The cost of any such repairs will become an assessment to which the owner and owner’s lot are subject.

DUES POLICY: Dues are payable in advance of or on the first of each month and are delinquent if payment is not received by the fifth (5th) of the month. Dues not received by the fifth (5th) of the month shall incur a late charge of $20.00. A late charge will be assessed each month the dues are unpaid or if a balance remains unpaid on that unit’s account.
The association has the right to file a lawsuit to recover the delinquent dues, late charges, and attorney’s fees as provided in the Declaration.

ENFORCEMENT: If any action is brought in a court of law or put into arbitration as the enforcement interpretation or construction of these Rules and Regulations, the prevailing party in such action shall be entitled to reasonable attorney's fees as well as all costs incurred in the prosecution or defense of such action.

All complaints pertaining to infraction of the Rules and Regulations of Yorkshire Downs must be done in writing, addressed to the Board of Directors, c/o Community Group, 11818 Rock Landing Drive, Suite 204, Newport News, Virginia 23606. The complaint must include the following:

(a) Name and identity of individual committing the infraction;
(b) The identification of the specific Rule or Regulation violated;
(c) The date, time and place of the infraction;
(d) The name, address, and telephone number of the person making the complaint, and the complaining individual's relationship to the community

EXTERIOR ALTERATIONS/MODIFICATIONS: No exterior alteration or modification shall be commenced, altered, moved, removed, installed or maintained within Yorkshire Downs until the plans and specifications showing the nature, kind, shape, height, materials, locations and approximate cost of the same shall have been submitted to and approved in writing by the Architectural Review Committee.

Any modification or alteration without the written approval of the Architectural Review Committee shall be deemed to be a violation of these rules.

NOISE POLICY: There shall be no loud noises or playing of musical instruments, radios, stereos, televisions, etc. in such a manner as to disturb other residents. Volumes shall be appropriate between the hours of 11:00 p.m. to 8:00 a.m.

OUTSIDE PLANTING: Each Unit will be allowed to personalize their front flower bed on the building side of the sidewalk and directly in front of their Units. Under no circumstances will individuals be allowed to plant anything in any other area.

Vegetable Plants will not be allowed outside the patio areas.

Any planting will be done at your own risk. If it is determined by the Committee or the landscaper that the bed is not being maintained, the plantings may be removed or treated for insects and weeds.

Only annual and perennial flowers will be permitted.

A list of existing planted shrubbery must be sent to the Management Company. The list will be maintained in the office to identify currently existing shrubs or trees. The submission of the list does not ensure that these plants will be allowed to remain. If the Board determines it is in the best interest of the community for the plants to be removed, they will be removed.

PATIOS: Permitted items on patios include outdoor furniture and potted plants. Operable bicycles may be kept on patios, they may not be hung from the walls or ceiling.

PETS: Dogs, cats, birds, and fish are standard pets. Owners are restricted to two 4-legged pets. Pet Registration Form must be completed and submitted to the Management Company. All pets must be licensed as required by York County.

Pet owners must immediately remove any waste left by their pet(s). Pet owners shall maintain strict control over their pets at all times. Pets may not be left unattended on patios or in any common area at any time. Pets must be carried or walked on a leash at all times.

No pet(s) shall be tied or chained to any tree, deck or other structure. No pet(s) may be staked or chained on common area ground.

Pet owners shall prevent pets from barking, and/or making loud, disturbing noises or behavior annoying to residents at all times.

Owners will be charged for all damages, including cleanup of waste, caused by their pet(s) or by pets belonging to their tenants or guests. This includes, but is not limited to, the cost of reseeding or replacing sod if a pet damages the grass by repeated urination in one area. Dog owners are encouraged to add supplements to their dog’s diet to minimize the damage to lawns caused by urine.

No livestock, poultry or animals other than domesticated household pets may be kept.

PROHIBITED ACTS: Owners, renters and guests shall not use the premises for any act prohibited by these Rules and Regulations, Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation or Bylaws of the Association, or City, State and Federal Statutes.

Any immoral, improper, offensive or unlawful act may be reported to the appropriate governmental authorities and will be deemed an infraction of these Rules.

No owner shall set off fireworks on the property at any time, nor shall any owner or resident permit any guest or invitee to set off fireworks on the property at any time.

No flammable, combustible or explosive fluids, chemicals or substances shall be kept within the Community except those required for normal household use.

No skateboarding on sidewalks, parking area, or any other common area.

SIGNS: Except as otherwise provided in these Rules and Regulations, no signs or advertising devices of any kind shall be erected or maintained on any part of Yorkshire Downs.

TENANTS: Owners who elect to rent their condominiums shall (a) attach a copy of the current Rules and Regulations to each rental/lease agreement, (b) include a provision in the lease requiring the tenants to abide by the Rules and Regulations and the provisions of the Declaration, and (c) secure the tenant’s written acknowledgement that the tenant has received and read the Rules and Regulations, and has had an opportunity to review the Declaration. Owners shall provide the Association with a copy of the rental agreement/lease and a copy of the tenants written acknowledgement that he or she has received and read the Rules and Regulations and the Declaration within ten (10) days of the tenant’s taking possession of the condominium, and within ten (10) days of notification by the Association of amendments to these Rules and Regulations, and/or the Declaration.

Any non-Owner residing in any Unit shall be subjected to these Rules and Regulations in the same manner as would an Owner. Any charges or Individual Assessments incurred by non-Owner residents shall be the liability of the Owner of the Unit, and shall be assessed in accordance with the procedures specified in the Declaration and Bylaws.

There shall be no more people residing in the Unit than are allowed by the zoning ordinances of York County.

Leasing of a Unit for business purposes is not permitted.

TRASH AND RECYCLING: Trash shall be picked up on Tuesdays and Fridays and recyclables shall be picked up on Mondays. Trash and recyclables may be placed outside the evening before pick-up, and empty cans/recycling containers must be put away no later than 7:00 p.m. on the day of pick-up.

Trash must be kept in covered totes provided by the waste removal company. Recyclables should be kept in the plastic containers provided by the recycling company. To protect against scattering on windy days, papers and other recycling materials must be either weighted down or sealed in plastic bags.

VEHICLE PARKING: Vehicles shall be parked only in assigned parking spaces or visitor parking spaces. Any parking space identified with a number is assigned to a specific condominium unit and is not available for parking by any other resident. Open parking is available to residents or visitors in any space not designated with an assigned number.

No vehicle shall be parked in such a manner as to impede or prevent ready access to any entrance or exit of a building. Any offending vehicle is subject to immediate towing.

Speed limit signs, stop signs, yield signs and no parking signs may be erected at the Board's discretion with authorization of the appropriate governmental agency.

No abandoned, unlicensed or inoperable vehicle shall be stored or parked within the Condominium Community. All vehicles must have current tags and registration. Vehicles in violation are subject to be towed, at the owner’s expense. If the identity of the owner is not known, the vehicle will be towed seventy-two (72) hours after the vehicle is tagged, at the owner’s expense.

When vehicles are moved temporarily, and then returned to violation status, the original violation notice is deemed still in force.

WINDOWS: If an owner wants to replace windows, approval must be received prior to replacing the windows. Complete the “ARC” form, available from the Management Company. Forward the completed form and all required information to the Management Company.
In order to create continuity, Owners may not use bed sheets, blankets, or any obtrusive color window treatments.

Screens, mini-blinds, and vertical blinds need to be replaced if damaged or missing. Only white or off-white window treatments should be viewed from the outside exterior.

Posted by benglish777 on 05/19/2008
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