Procedures, Guidelines, and Rules

 
When making the decision to invest in a home within a deed restricted community association, purchasers understand they are accepting more than just physical property. In conjunction with the purchase, new Owners agree to abide by the restrictions detailed in the Association's governing documents which include the Declaration of Covenants, Easements, and Restrictions for Chadds Ford Settlement Subdivision, the Bylaws, and any Rules and Regulations that the Board of Directors adopts from time to time. Most Owners understand this basic principal, and while reasonable minds may differ on what restrictions are important or fair, most abide by the procedures and restrictions knowing that they are based on the "best interests of the community". With these ideas in mind, the Board of Directors has formulated a "Procedures, Guidelines, and Rules" Document that includes the following sections. 

To download the entire Procedures, Guidelines, and Rules document, please click here.

  1. Architectural Review Procedure (requesting approval of changes/improvements to Residences and Sublots)
  2. Resident Complaint Procedure
  3. Enforcement Procedure
  4. Fees, Liens, and Cost of Collection Procedures
  5. General Information
  6. Owner Responsibilities
  7. Landscaping Guildelines
  8. Leasing or Renting a Property
  9. Parking/Motor Vehicles Guidelines
  10. Pet Rules
  11. Sign Guidelines
  12. Trash Removal Rules


1. Architectural Review Procedure

To maintain the architectural character of Chadds Ford, any additions, improvements or alterations of any kind are prohibited to the exterior of individual Residences, including landscaping without the prior written consent of the Architectural Review Committee. (Section 4 of Declaration)

Review of architectural and landscape change requests, submitted by an Owner will be in accordance with the following procedure and within the parameters listed below.
  • A written request must be submitted to the Chairman of the ARC which must include two detailed drawings and specific information regarding the request and must show the Owner's Sublot lines and Residence when relevant to the request.
  • The ARC may request additional information.
  • The ARC will notify the Owner in writing of approval or denial of the request within one month from the date of submission after all information is received.
  • Work is prohibited to begin without receiving the ARC's prior written approval.
  • Approval is also necessary for replacement or repair of any building or structure if it differs in any way from the original structure or landscape. This would include color changes. (Example: color change of door, shutters, siding, roofing, etc.)
  • Owners are responsible for any damage to Common Elements or a neighbor's property that occurs due to the installation process.
  • The ARC may waive detailed drawings for simple changes. Email may be used to communicate a request. Any ARC request for information will be proportional and congruent to the complexity of the project.
  • In-kind replacement may be approved via email by any ARC member.
  • To submit a request for an exterior modification, the Owner must be current in all fees and assessments.
The Association is reasonably responsible for the following:
  • The four entrances to Chadds Ford including lighting, signage, trees, and beds
  • The reasonable upkeep of Common Elements including grass moving, pruning, fertilizing as well as the median on Haymarket and various cul-de-sacs
  • Trees in Common Elements

2. Residential Complaint Procedure
  • Complaints against anyone violating the Rules and Regulations must be submitted to the ARC in writing and must contain the date, signature, address and telephone number of the individual filing the complaint. Complaints will be confidential.
  • The ARC will, in most instances, contact the alleged Owner after the receipt of each complaint, and a reasonable effort will be made to gain the Owner's agreement to cease the violation.
  • Although it is not the responsibility of the Board of Directors or the ARC to police the neighborhood, they may upon observing a violation, notify the ARC. The ARC Chair will then address the alleged violation with the Owner.

3. Enforcement Procedure
  • The owner is responsible for any violation of the Declaration, Bylaws, or Rules (known as Governing Documents) by the Owner, guests, or the occupants, including tenants, of his/her home.
  • Notwithstanding anything contained in these Rules, the Board has the right to proceed, immediately or otherwise, with legal action for any violation of the Governing Documents, as the Board, in its sole discretion may determine. The entire cost of effectuating a legal remedy to impose compliance, including court costs and attorneys' fees, will be assessed to the account of the responsible owner.
  • All costs for extra cleaning and/or repairs to the common elements or other property stemming from any violation will be charged to the responsible Owner's account.
  • In addition to any other action and if applicable, in accordance with the procedure outlined below, the Board MAY do the following:
    • a. Levy an assessment for actual damages
    • b. Levy a reasonable enforcement assessment per occurrence
    • c. If the violation is continuous and ongoing in nature, levy a reasonable enforcement assessment per day
  • Prior to the imposition of a charge for damages for the common elements or other property or an enforcement assessment for a violation, the following procedure will be followed with written notice served upon the alleged responsible Owner specifying the following:
    • a. If applicable and in the absence of any emergency involving an imminent risk of damage or harm to common elements or other property or to the health or safety of any person, a reasonable date by which the Owner must cure the violation to avoid the proposed charge or assessment.
    • b. A description of the property damage or violation
    • c. The amount of the proposed charge (or, if unknown, a reasonable estimate of the proposed charge) and/or enforcement
    • c. A statement that the Owner has a right to, and the procedures to request a hearing before the Board to contest the proposed charge and/or enforcement assessment

4. Fees, Liens, and Cost of Collection Procedure
  • All assessment/annual fees are due by February 1 and are considered late if not received by February 29 (a month grace period).
  • A late charge of $50.00 will be incurred for any late payment plus interest of 10% per annum.
  • Any cost including attorney fees, recording fees, title reports and/or court costs incurred by the Association in collection of delinquent fees or special assessments will be added to the amount owed by the delinquent Owner.
  • Any past due fees may cause a lien to be filed against the Sublot.
  • Any payments will be applied in the following order:
    • a. Late fees owed to the Association
    • b. Collection costs and attorney fees incurred by the Association
    • c. Principal amounts owned on the account for common expenses and fees

5. General Information
  • Owners are responsible for the actions of their families, guests, and occupants.
  • Any activity is prohibited in any home or Common Elements which results in annoyance or nuisance to other Owners or occupants (e.g. loud groups of people, loud music, dogs barking, unrestrained pets, loud vehicles).
  • Any item located in the Common Elements needing maintenance or repair must be reported to a member of the Board of Directors.
  • Industry, business trade, occupation or profession of any kind, commercial, religious, education or otherwise is prohibited from being conducted, maintained or permitted to operate in a Residence and/or Sublot. An occupant may use a portion of the Residence as a office provided:
    • a. Such usage is not apparent or detectable by sight, sound, or smell outside the Residence
    • b. Such usage does not involve customers driving in and out of the Subdivision
  • Basketball hoops are allowed and must be kept in good repair.
  • Signs are prohibited including political signs or trade signs even while work is being done in the Residence. One exception is a professional real estate sign not exceeding eight square feet.
  • Accessory buildings or structures including storage sheds are prohibited from being erected or placed upon any Sublot.
  • The outside storage of property is prohibited including recreational equipment, lumber, debris, bottles/cans, trash containers, and bicycles. Recreational equipment should be stored in an enclosed area and out of sight.
  • Swing sets are allowed and must be in good repair. Type and placement requires approval by the ARC. Placement should be as inconspicuous from the street as possible and not intrusive to neighbors.
  • No outdoor clothes' drying is permitted.
  • There will be no discharge of guns, ammunition or explosives/fireworks. Hunting, trapping, or poisoning of wildlife is prohibited except for rodent, bee, and ant control. Violations of these City ordinances should be reported to the City of Hudson Police Department at the non-emergency phone number, 330-342-1800.
  • Fences that enclose a part or all of a property have never been approved nor have walls with the exception of walls that are a landscape feature or part of a patio. Fences to enclose an in-ground pool are permitted and required according to Summit County codes.The type of pool fence must be approved by the ARC. No above ground pools are allowed.
  • Invisible fences are permitted with ARC approval and must be within individual living unit property lines. Invisible fences are not permitted on any Common Area.
  • Satellite dish antennas, 39 inches (1 meter) or less in diameter, are permitted provided that to the maximum extent feasible, such satellite dish/antenna should be located in the rear yard of the Residence. Owners are required to notify the ARC prior to installation.

6. Owner Responsibility
  • Owners are responsible for the replacement of dead shrubs and trees in the landscape and beds. With any changes to the landscape of a home, a request must be made to he ARC. If it is just a replacement of like-kind, no request is necessary.
  • Owners are required to keep their living units in good repair, which includes painting shutters, doors, and trim when necessary. Maintenance of mailboxes includes repair and painting when necessary. Owners are required to use the Chadds Ford designated mailbox when replacing a box. See the website for a company that will replace boxes with the Chadds Ford design.
  • When changing exterior colors, whether on the house, shutters, doors, homeowners must file a request with the ARC for approval.
  • When replacing siding, consult with the ARC and the Codes, Restrictions, and Easements documents as to acceptable siding width and type.
  • Lawns are to be kept properly mowed/trimmed at all times so as to not appear unsightly.
  • All landscape beds should be weeded and devoid of any unsightly growth with mulch kept up in an attractive condition. When making changes in beds, consult with the ARC. Stone mulch and lava rock are allowed but subject to colors congruent with the community.
  • Lampposts should be turned on at dusk.

7. Landscaping
The Board of Trustees encourages the beautification and individuality of properties, but at the same time must recognize that each property is part of a whole community, and therefore, the Board must have in place of standard of continuity. Certain guidelines are necessary to maintain an attractive community for current and future Owners.
  • Owners desiring to install additional shrubs or trees or to change the landscape from its original plantings must obtain prior written approval from the ARC.
  • Changes to the original grade of the lot are prohibited for landscape purposes.
  • Garden statuary and other yard artifacts may be displayed in the front landscape beds provided they meet the following guidelines.
    • a. Do not exceed four feet in height
    • b. Do not exceed four in number
  • Garden path lights are permitted provided they do not exceed eighteen inches in height. Prior ARC approval is required.
  • Flagpoles are permitted subject to ARC approval as to placement and height.

8. Leasing or Renting Property
  • Any lease or rent agreement covering a property is subject to the terms and provisions of the Chadds Ford governing documents and rules.
  • Prior to a tenant taking possession of a property, the Owners shall provide the Board of Directors with a completed copy of the lease or rent agreement and the address of the Owner.
  • The Owner is responsible for tenant violations, as well as any enforcement assessment and all other damages. Any recourse the Owner may wish to take against his tenants is at the Owner's expense..

9. Parking/Motor Vehicles and Roads
  • Occupants must use their garage as the primary parking space. Driveways are to be used for secondary parking.
  • Any vehicle belonging to an occupant or someone living with n occupant which is painted, signed, identified as, licensed for, or equipped for commercial purposes must be parked in a garage.
  • Storage or overnight parking of trailers, motor homes, campers, house trailers, horse trailers, boats, or boat trailers in driveways is permitted for the purpose of loading, and unloading only within a period of 2 days or 48 hours.
  • Commercial vehicles are permitted during the period of time that they are necessary to perform specific duties at the Residence.
  • Disabled, inoperable, abandoned, or junk vehicles may not be left in driveways. A junk vehicle is defined as a vehicle whose surface has fifty percent or more rusts or is extensively damaged. Such damage includes but is not limited to any of the following - a broken window or windshield, missing wheels, tires, motor or transmission.

10. Pet Rules
  • Animals including rabbits, livestock, fowl, or poultry of any kind are prohibited to be raised, bred, or kept on/in any Residence except that dogs, cats and other household pets may be kept provided they are not kept, bred or maintained for any commercial purposes.
  • Pets must be on a hand-held leash at all times on the Common Elements. Pets are prohibited from running free and must be accompanied by owners at all times except for those with approved invisible fences.
  • Any pets on staked leash lines are prohibited to go beyond individual Owner's Sublot.
  • For the safety of pets and the safety of landscape contractors or other workers, pets should be kept inside during outdoor landscaping or work activities.
  • Pet owners are responsible for immediate clean-up after their pets on their Sublot, their neighbors' properties, and Common Elements.
  • Pets making or causing noises of sufficient volume, including excessive barking, whether indoors or outdoors, that disturbs another homeowner is prohibited.

11. Sign Guidelines
  • Political and advertising signs are prohibited in the Subdivision, including Sublots and Residences. It is up to the Owner to notify contractors that their signs are prohibited.
  • One "For Sale" sign is permitted on a Sublot. Open House signs are limited to the day of the Open House.

12. Trash Removal
  • Trash must not be put out prior to dusk the evening before pick-up is scheduled.
  • All trash is required to be in a container with a secure lid or in bags that are securely tied.
  • Trash containers must be retrieved and out of sight the evening of the day of collection.
  • Trash containers and recycling bins must be stored out of views, preferably in garages.




Summary 

The Board of Directors has deliberated on this document for many hours. The purpose was to clarify and supplement the original governing documents, expand on their intent, and set general standards and guidelines for referral by residents. Through some residents may disagree with certain guidelines or rules, be assured that they are written with the best interest of the Chadds Ford Subdivision in mind so as to preserve the continuity and aesthetically pleasing appearance of the Subdivision. Questions can be referred to any Board of Directors. The Board of Directors has the authority to add or change and further define these Rules. 

This document is intended to supplement, not replace, the Declaration and Bylaws; therefore, if there is an inadvertent discrepancy between what is expressed in this document and the recorded documents, the Declaration and/or Bylaws govern.  

The Chadds Ford Homeowner' Association Board of Directors - January 1, 2017  


Updated March 15, 2017