In order to insure conformity with and adherence to a set of standards for all Unit owners, residents and visitors, the Board of Trustees (hereinafter “the Board”) of the Mews at Haddonfield Homeowners Association (hereinafter “the Association) from time to time delineates issues policies and procedures pertaining to all matters relating to the Mews. The authority of the Board is defined in Article V, paragraph 2, of the By Laws, as well as the Community Trust, as amended (hereinafter “the Trust”)
The term “his” as used herein shall be gender neutral and mean “his or her” All terms shall be equally applicable to the singular and plural forms of the terms used. The term “Unit” as used herein shall mean an individual residence. The term “Common Area” as used herein shall mean all the area extending outward from the foundation walls of each Unit.
The following Policies and Procedures were approved by the Board and apply to all Unit Owners, residents and visitors. They are subject to change by the Board upon a majority vote thereof. Receipt thereof shall be acknowledged at the time of settlement by all Unit purchasers, who agree to be bound thereby.
OCCUPANCY, MAINTENANCE AND UPKEEP.
Each individual Unit owner is charged with the financial responsibility of the repair, maintenance and upkeep of his Unit’s exterior as well as those common area structures intended for that unit owner’s exclusive use, at the direction of the homeowner’s association. Such responsibility shall include, but not be limited to, doors, windows, roofs, siding, decks, walks and walkways, patios, railings, trash and storage bins, and the shared cost of the party fences, where existing, subject to Board exercise of responsibility of any such items. The Association is responsible for the repair, maintenance and upkeep of the common area and its systems except for “the Limited Common Element”, ie those common elements deemed by the Board for a particular owners exclusive use.
If any Unit is not kept to the satisfaction of the Board, the Association, after notice to the homeowners, will complete the necessary repairs and/or maintenance and any costs incurred will be assessed and charged to the individual Unit owner concerned pursuant to paragraphs 44 to 50 inclusive.
All persons occupying Mews Units will be held responsible for the cost of any damage resulting to the common area; to common facilities or to Units caused by the Unit owners, Unit residents, or their children, guests or agents.
Unit owners shall use every reasonable precaution against fire and other hazards. No Unit owner shall use or permit to be brought into any buildings any highly flammable or toxic materials or articles deemed hazardous to life, limb or property, or any other item that would increase the fire rating of the Unit. .
All entertainment devices and all appliances of every kind, however powered, installed or used in a Unit shall comply with all rules and regulations of all public authorities and boards of fire underwriters having jurisdiction.
No equipment such as radio, or TV, antenna or satellite dish or wiring for any purpose may be installed on the exterior of a building or protruding through the walls, windows or roof thereof without the express written consent of the Board. Any such equipment erected without the consent of the Board, in writing, is subject to removal without notice. Any expense incurred shall be assessed to the Unit owner.
No temporary structures, trailers, tents, sheds, playhouses, fences and the like shall be permitted on or about the common area except for special occasions and with prior approval of the Board.
All patio awnings, umbrellas and supporting structures must be removed in their entirety by October 15th of each year and reinstated no earlier than April 15th of each year.
The color and design of such patio awnings and umbrellas must be earth tones the design of which must have the prior review of the Board.
No sign, advertisement, notice or other lettering shall be exhibited, inscribed, planted or affixed by any Unit owners or resident on any part of the outside of the Unit or on the common area without the prior written consent of the Board.
Unit owners shall maintain common area structures intended for their exclusive use such as decks, balconies, porches, terraces and/or patios free of trash, trash cans, debris or other visibly objectionable items as determined by the Board.
Homeowners may store up to but no more than 1/8 of a cord of cut firewood (16 cubic feet). Stored firewood must be elevated in a rack or stand in a location out of view of neighboring units such as the rear patio or the hidden side of ones end unit. Storage is not permitted closer than 6” from building or deck walls. If a tarp or cover is used it must be in earth tone colors.
Homeowners are permitted to display the American Flag with dimensions no larger than 3’ X 5’ the day before, the day of and the day after a national holiday. The flag pole holder must be made of galvanized metal and installed with galvanized hardware as not to rust, installed on the trim around the front door of the unit only, 5 feet from the ground and may not block access to any unit.
No signs, flags, banners, pennants, devices, wires, cables, clothing or other unsightly objects visible from the outside shall be permitted.
No Unit owner shall make or permit any noises, soot or odor that will unreasonably disturb or annoy the occupants of any of the other Units or do or permit anything to be done which will unreasonably interfere with the rights, comfort or convenience of the other Unit owners or residents.
Sport and recreational activity in the common area which might endanger persons or property is prohibited.
No Unit owner shall permit any maintenance, construction, or repair services to be performed other than between the hours of 8:00 AM and 6:00 PM Monday through Saturday.
Unit owners and residents may keep domesticated pets in their Units subject to the following conditions:
Each Unit owner and/or Unit resident keeping any pets shall indemnify the Association and hold the Association harmless against any loss or liability of any kind whatsoever arising from or growing out of having such pet on the common area.
All dogs and cats on Mews’ premises are to be leashed and escorted by their owner. Unit owners and residents shall not allow any pet or animals to roam at large on the Mews’ common area.
No pets shall be permitted at any time to create a nuisance or disturb any other Unit owner or resident.
Pets walked within the confines of the Mews shall be walked in the streets and feces must be removed immediately by the pet’s owner. Pets shall not be permitted to urinate or defecate on any shrubs or grass within the Mews’ property.
Rental of Units:
No unit shall be leased for an initial term of less than one (1) year. Month to month tenancies upon expiration of the initial one year lease are not prohibited.
The Unit Owner shall comply with all state statutes and municipal ordinances regarding leasing of residential units, including any requirements for registering as a landlord with the Borough of Haddonfield, and obtaining any required Certificates of Occupancy. The unit owner shall further ensure compliance with state and local law regarding maximum occupancy of leased units and will take action to evict any tenant in violation thereof.
Ten days prior to commencement of the lease term, the unit owner shall provide the following to the Association: (1) a copy of the signed lease; (2) a statement signed by the owner that a copy of the Policies and Procedures and By Laws have been delivered to the tenant; (3) a statement signed by the tenant that he or she has read and will abide by the Policies and Procedures and (4) a non-refundable fee of $250.00 to cover the cost to the Association of lease review and form processing. All required information and fees shall be submitted to the property manager at the following address: Associa Mid-Atlantic 14000 Horizon Way, Suite 200 Mt. Laurel, NJ 08054
The unit owner is responsible to the Association for all fines and penalties resulting from violations by tenants of any Policies and Procedures or By-Laws of the Association.
In the event the unit owner fails to comply with these Policies and Procedures regarding unit leasing, the Board may take whatever enforcement actions are provided in the Policies and Procedures or By-Laws, including the imposition of fines and penalties.
If the unit owner shall default in payment of any assessments, fines or penalties owed to the Association, the Association shall have the right to notify the tenant of that default and require payment of rent to the Association until the default is cured. In the alternative, the Association may seek and request appointment of a rent receiver. The unit owner by leasing his or her property consents to any such appointment.
No Unit may be used or occupied contrary to any relevant provision of any ordinance of the Borough of Haddonfield or law of the State of New Jersey.
EXTERIOR ADDITIONS AND MODIFICATIONS
Plans for proposed modifications shall initially be submitted to the Board. The Board shall review the plans for the proposed Improvements and, upon request of the applicant, meet with the Unit owner to discuss the proposed improvements. The Board, after review shall vote on the proposal.
No structure or external improvement, including, but not limited to, dormers, decks,, railings, patios, pools, hot tubs and outdoor sheds (collectively called “Improvements”) shall be constructed, erected or renovated upon any Unit, nor shall any exterior addition to or change or alteration be made to any Unit until plans showing the proposed Improvements and the materials to be used therefore shall have been submitted to and approved in writing by the Board.
TRAFFIC RULES AND REGULATIONS
The speed limit for vehicles operating within the Mews is fifteen (15) miles per hour which speed limit must be observed at all times.
No unlicensed driver shall be permitted to operate a vehicle within the Mews.
Parking of vehicles shall be in accordance with the Master Parking Space Assignment Plan for Unit owners, residents and visitors as adjusted from time to time by the Board. Each Unit owner is assigned two parking spaces, a primary space and a second space designated as Alternate/Visitor. To provide additional visitor parking the Association borrows the Alternate/Visitor space from one-car households and marks that space for visitor use.
All Unit owners and/or residents must park only in their assigned spaces.
Parking of vehicles parallel to curbs is prohibited in all areas of the Mews. This rule must be observed at all times. Stopping at the curb for the sole purpose of discharging passengers or unloading parcels is permitted however; warning flashers must be used while doing so. By posting the appropriate signage the Board can permit temporary curb parking on holidays and special occasions.
All vehicles must be parked perpendicular to the curb with the front end closest to but not protruding over the curb.
The parking of any commercial vehicle on the Mews’ premises is prohibited, except in (a) emergencies and (b) in the case of delivery of goods or services only between the hours of 8:00AM and 6:00 PM Monday through Saturday.
Mews parking is limited to a vehicle where the primary purpose is the transport of passengers. No unit owner may permit any parking of commercial or cargo carrying vehicles. No recreational (RV) or off-road vehicles, trailers, boats or motorcycles are permitted. No oversized vehicles of any kind that exceed 210 inches in length or 80 inches in width are permitted to park in the Mews.
Vehicle maintenance including washing on the Mews’ premises is prohibited.
Storing of routinely unused vehicles, on the Mews’ premises is prohibited.
Violation of these rules and regulations, pursuant to paragraph 44 to 50 inclusive may result in the vehicle being removed from the Mews’ premises at the owner’s expenses and/or the removal of parking privileges within the Mews.
Unit owners and/or residents shall be responsible for the failure of their visitors to conform to these regulations. Each Unit owners or resident is required to advise their visitors as to traffic and parking regulations within the Mews.
SELLING OF UNIT AND PAYMENT OF TRANSFER FEE
In the event that any individual unit owner elects to sell his Unit, he shall be charged with the following responsibilities
The seller of a Unit shall be responsible to insure the payment to the Associations, at the time of closing of title or conveyance of the Unit a non-refundable Transfer Fee in the amount of Two mills (.002) of the price stated in the deed, but in no event shall said Transfer Fee be less then $600, non-payment of which shall give rise to the Board’s right to lien the Unit as well as to seek recovery from the former Unit owner, after closing, by resort to all available legal process.
The seller of the Unit shall be permitted to pass the obligation to pay the Transfer Fee to the buyer if so desired; however, the Transfer Fee must be paid at the time of closing of title of the property.
The conveyance of a Unit owner’s interest and title from that owner’s spouse or former spouse to his spouse or former spouse shall be exempt from the transfer Fee. A conveyance to any other family member shall not, however, be exempt from the Transfer Fee.
COMMON EXPENSES, SPECIAL AND REMEDIAL ASSESSMENTS.
Annual Common Expenses Assessments (Dues). It shall be an affirmative and perpetual obligation for the Board to fix an annual assessment for common expenses (“Dues”) in an amount at least sufficient to maintain and operate the Common Areas as contemplated by the Trust as modified hereby, and any Policies and Procedures. The Dues shall be determined in the sole discretion for the Board in an amount at least sufficient to insure the financial solvency of the Association and to provide adequate capital reserve funds for the replacement and/or repair of the existing Common areas; provided, however, that the dues which is assessed to each Unit owner shall be the same charge per Unit. The Dues shall be made for a yearly period to be determined by the Board and shall be payable in advance in monthly installments or in such other installments as may be established by the Board. In the event the Annual common Expenses Assessment proves to be insufficient, the budget and assessment may be amended at any time by the Board, and the amount of the Dues shall be thereafter increased.
Notice of Dues: The Board shall cause to be prepared annually, at least thirty (30) days in advance of the due date of the first installment of the Dues, an annual budget of the common expenses together with a list of the Units and the Dues and other assessments applicable to each. This list shall be kept in the office of the Treasurer and shall be open to inspection by any Unit owner upon at least forty-eight (48) hours prior written request. Written notice of the Dues and a copy of the operating budget shall be sent by mail or hand delivered to every Unit owner.
Use of Dues: The Dues collected from the Unit owners shall be used and expended by the Board, in its sole discretion, exclusively for the performance of obligations and services contemplated by the Trust, as modified hereby, and shall also be used for payment of insurance premiums on any and all common Areas, all costs and expenses incidental to the operation and administration thereof, and for such other items as from time to time may be deemed appropriate by the Board.
Surplus Funds: Any surplus funds of the Dues remaining after payment of expenses for the maintenance, repair, replacement, relocation or improvement of the Common Areas may be used by the Board as the Board, in its sole discretion, may determine including as a credit to the Annual Dues for the following year.
Special Assessments: The Board may also levy a “Special Assessment” for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of Common Areas as well as insurance on common areas and common area structures for which funds held in reserve are inadequate or for any other lawful purpose. The due date of any Special Assessment, or any installments thereof, shall be fixed in the resolution authorizing the Special Assessment.
Remedial Assessments: The Board also may levy a “Remedial Assessment” against any Unit owner for any services or maintenance performed or ordered by the Board for the benefit of any such Unit which the Unit owner of such unit shall fail to perform in accordance with the provisions hereof or of the Rules and Regulations or for reimbursement of any expenses incurred by the Board in repairing or replacing any part of parts of the Common Areas damaged by the negligence or intentional act of such Unit owner, his tenants, guests, licensees, servants, agents or employees. Any such Remedial Assessment shall be due promptly upon receipt of notification from the Board that a Remedial Assessment has been entered.
Construction Violations: Any Unit owner or resident who violates the provisions of this Rule who constructs any improvements other than in accordance with the plans which are approved in writing by the Board shall be given written notice of such violation and an opportunity to correct such violation within twenty (20) days following receipt of said notice. Failure to correct the violation within the twenty day period shall entitle the Board to impose fines as provided for in Rule 46, 47 through 52 et. seq. an to pursue legal action against the violator. In the event an injunction is issued ordering that the Improvements shall be removed and the property restored, then the Board shall have the right to remedy the violation in accordance with such injunction and levy an assessment against the Unit owner as herein provided for all cost incurred by the Association. The Association shall be entitled to collect from such Unit owner all costs, including court costs and legal fees, which it may incur in the enforcement of this Rule, and such charges shall be deemed assessments hereunder.
Certificate of Payment: The Treasurer, upon written request of any Unit owner, contract purchaser, or mortgage holder on any Unit, shall furnish to that Unit owner, contract purchaser, or mortgage holder, a certificate in writing signed by the Treasurer setting forth whether or not assessments authorized hereunder have not been paid. Such certificate shall constitute conclusive evidence of the amount of said unpaid assessment, if any.
ENFORCEMENT OF POLICIES AND PROCEDURES
Violations of any of the Polices and Procedures of the Association shall be subject to such treatment including fines and/or discipline as authorized in the Trust, as amended, the Bylaws and these Polices and Procedures and set forth herein.
Upon receipt by the Board of a complaint by a Unit owner, resident and/or employee of the Association alleging a violation of any policy or procedure adopted by the Board, the Board shall utilize the following procedure in notifying the violator of said complaint.
The Board or its representative, shall investigate the complaint to determine whether a violation has in fact occurred.
If a violation is found to have occurred, the Board shall issue a First Notice in writing to cease and/or correct said violation within twenty calendar days.
If said violation is not corrected or such conduct does not cease within said twenty calendar days, a Second Notice in writing shall be issued advising that if the violation continues to exist a fine will be imposed if not corrected within two additional calendar days.
If said violation continues after the Second Notice a fine of $15 per day after expiration of the time set forth in the Second Notice for the first offense will be imposed upon the offender until the violation is corrected.
A fine of $25 per day for each second or more offense within twelve months of the first violation shall be imposed upon the offender until the violation is corrected.
Effect of Non-payment of Assessment; Remedies: If any assessment or fine is not paid on the date when due, then such assessment or fine shall be deemed delinquent and shall accrue interest from the due date at a maximum legal rate of interest not to exceed two percent (2%) per month. The Board shall have the right to immediately file a lien as described herein for the amount of the assessment or fine which is unpaid together with interest and any other charges permitted hereunder.
The Board shall have the further right to charge a late fee of $25.00 per month to each Unit owner whose payment for any charge due hereunder is not received by the Board within five (5) days after the date on which such charge is due unless a longer period is authorized by the Board. Such late fee shall be in an amount determined by the Board and also may be charged to the Unit owner for each month a delinquent payment which is more than one month overdue is not paid. All late fees may also be secured by the lien authorized hereunder.
The Board may bring legal action against the Unit owner personally obligated to pay the amounts due or may enforce or foreclose the lien against the Unit, or both; and in the event a judgment is obtained, such judgment shall include interest as above provided, fees for legal counsel to be fixed by the court, together with the costs of the action. The Board may also suspend the rights of any Unit owner to use the Common Areas and to vote at meetings of the Unit owners, provided that the Board shall provide written notice of such suspension and an opportunity to be heard before the Board before such suspension shall be effective.
Covenant to Pay Assessments, Acceptance of Lien: Every Unit owner shall be deemed to covenant and agree to pay to the Board all assessments and all fines and other charges contemplated herein. No Unit owner may waive or otherwise avoid liability for assessments for common expenses by nonuse of the Common Areas. Each assessment contemplated herein and all fines and other charges, together with interest thereon and costs of collection thereof, including but not limited to fees for legal counsel and court costs, shall be a continuing lien upon the Unit against which they are made and shall also be the personal obligation of the Unit owner of such unit at the time when the assessment, fine or other charge fell due, and of each subsequent record owner of such Unit. The lien for such charges shall be effective from the time of filing in the public records of Camden County of a claim of lien stating a description of the Unit, the name of the record owner, the amount due and the date from which such amounts fell due. Such claim of lien shall include only sums which are due and payable when the claim of lien is recorded and shall be signed and verified by the President or Treasurer. Upon full payment of all sums secured by the lien and a preparation fee determined by the Board, the party making payment shall be entitled to a recordable satisfaction of lien to be recorded at such party’s sole expense. The Board shall have the right (but not the obligation) at any time to foreclose by suit in its own name liens for unpaid assessments, fines or other charges in the same manner as a foreclosure of a mortgage on real property. Suits to recover a money judgment for unpaid assessments of any type or for any installment thereof, fines or other charges may be maintained without waiving the lien securing the same.
Enforcement: Enforcement of the Trust as modified hereby or any rule and Regulation adopted by the Board in accordance with the provisions hereof, shall be by any appropriate proceeding in law or equity in any court or administrative tribunal having jurisdiction against any Unit owner violating or attempting to violate same; either to restrain or enjoin such violation or threatened violation, or to recover damages on behalf of the Unit owners or to obtain other appropriate relief, or to enforce any lien created by the Board as modified hereby. Failure to exercise such rights of enforcement for any period of time shall in no event be deemed a waiver or estoppel thereof or of the right to thereafter enforce any provision of the Trust, as modified hereby, or any rule or regulation adopted by the Trustee. Notwithstanding anything to the contrary contained herein, and except where irreparable injury would otherwise result, the Board or any Unit owner shall not bring any action in any court, administrative or arbitral tribunal for enforcement of the Trust or any Rule and Regulation adopted by the Board in accordance with the provisions hereof, until the provisions of this paragraph have been complied with, as applicable. In the event of any violation, attempted violation or threatened violation of the Trust, the party seeking enforcement shall be given written notice of the violation to the persons alleged to be involved, which notice shall direct such persons to cure the violation with twenty (20) days of receipt of the notice. If such persons fail, in the judgment of the enforcing party, to cure the violation with such twenty (20) day period, the enforcing party may institute proceedings to remedy the violation.
The term “Notice” wherever used herein shall mean “notice and an opportunity to be heard” on the subject at the next meeting of the Board of Trustees.
Updated and approved by the Board of Trustees 06/27/2022
