RULES AND REGULATIONS
VICKERY HILLS CONDOMINIUM
These Rules and Regulations are adopted for the benefit of Owners of Units at VICKERY HILLS CONDOMINIUM (the "Condominium"). They are also intended to protect and enhance the value of all property at the Condominium. They are designed to not unduly interfere with, restrict, or burden the use of property.
All residents and guests are expected to abide by these rules. They are meant to supplement and/or clarify the provisions of the Master Deed and the Declaration of Trust for the Condominium, and as such, they will not merely duplicate the wording of the applicable sections of the Master Deed or the Declaration of Trust.
As a reminder, the following provisions of the master deed are conditions of our zoning approval and are not subject to change by the association.
a. Nothing shall be done or kept in any Unit, Limited Common Area or Common Area, which will increase the rate of insurance of the Condominium. No Unit Owner shall permit anything to be done or kept which will result in the cancellation of insurance on the Condominium, or which would be in violation of any law. No use shall be made of the Common Areas, Limited Common Areas or Common Facilities other than the uses permitted in the Master Deed, the Declaration of Trust, these Rules and Regulations, or by the Trustees.
b. Each Unit Owner shall be responsible for the proper maintenance, repair and replacement of his/her Unit (including garage), and the Limited Common Areas appurtenant thereto. See Declaration of Trust §5.3 and Master Deed §4 (iv). This includes, but is not limited to, windows, exterior doors and their glass, screens, frames and trims.
2. CHANGES TO AND DECORATION OF THE BUILDINGS
a. Structural Integrity
Nothing shall be done in any Common Areas or Facilities which will impair the structural integrity or fire rating of any building or component, nor shall anything be done in or on said areas which would structurally change any building without the prior issuance of a building permit and written permission on each occasion by the Trustees.
1. Changes or fixtures affecting the appearance of the exterior of any Building, such as, without limitation, skylights, chimneys, decorations, awnings, signs, sun shades, air conditioning equipment, antennas, satellite dishes, fans, screens, fences and enclosures shall be made only with the written consent of the Trustees.
2. No part of the Common Areas, Limited Common Areas and Facilities of the Condominium shall be decorated or furnished in any manner, nor shall the exterior surface of any entrance door to a Unit be painted, except with the prior approval of the Trustees. This provision includes, but is not limited to outdoor statuary, decorations and lighting along pathways or in planted areas.
3. Statues and animal facsimiles of a non-religious nature are allowed in the Limited Common Area bordering each Unit only with the approval of the Trustees. If religious figures are placed outdoors with the approval of the Trustees, they must be positioned so that they are visible only to the individual Unit occupants. The Trustees have the right to require any objectionable items to be removed promptly.
4. United States flags are allowed on appropriate occasions. These are to be hung from poles supported by approved brackets and in specific locations, as communicated by the Trustees to Unit Owners.
5. Bird feeders may be positioned in the Limited Common Areas bordering each Unit but may not be attached to the exterior of the building. Freestanding poles and feeders cantilevered off decks are allowed. It is the responsibility of the Unit occupants to clean up any mess that may be created by these feeders. Important note of caution: When windy conditions prevail, it is prudent to take the feeders down so they don’t become airborne projectiles in a storm.
1. No modification adversely affecting the structural integrity or the fire rating of a Building or Unit shall be made.
2. Unit Owners desiring to modify his/her Unit by removing, installing or modifying non–bearing walls lying wholly within the Unit, or by improving and/or finishing all or any part of the basement level, or create a new room in any part of the Unit, shall first submit to the Trustees a plan depicting the improvements. In addition, the Unit Owner shall submit, together with such plan, an affidavit certifying that the space to be modified and/or improved will not create and will not be utilized as an additional bedroom within the Unit. Such modification, with the approval of the Trustees, also has to be approved by the Building Department of the Town of Southborough. In addition, a certified, “as built” plan and any Amendment to the Master Deed shall be recorded with the Registry of Deeds. The Unit Owner shall provide the Board of Trustees with a copy of the Building Permit issued by the Town of Southborough prior to initiation of construction. Upon receipt of the plan, affidavit and copy of the Building Permit, providing all are in compliance with the provisions hereof, the Board of Trustees shall issue to the Unit Owner a statement suitable for recording with the Registry of Deeds, indicating that the Unit Owner has complied with the provisions of this section.
Unit Owners are allowed to add plants in the Limited Common Areas bordering their Units as indicated in the sections below. In all cases, it is the Unit Owner’s responsibility to keep neat and orderly any plantings they add and complete all end-of-season clean up on a timely basis. Only live plants are allowed, specifically excluding artificial plants of any nature. The Trustees have the right to require items removed that are, in the Trustees opinion, objectionable.
a. Within existing mulched beds
Occupants of Units may plant annuals only in existing mulched beds bordering their units.
No annuals are to be planted outside the mulched beds. This is subject to the following conditions:
1. All flowers must be removed at the end of the growing season or earlier if the flowers have died.
2. Maintenance of the flowers is the sole responsibility of the Unit Owner/occupant.
b. Existing trees and shrubs may not be added to or removed without the prior written approval of the Trustees.
c. Planting in a new area
Unit owners are responsible for submitting a detailed design to the Trustees and securing written approval prior to starting any work.
d. Flower boxes on deck railings and privacy fences
Flower boxes with live flowers are allowed on deck railings and privacy fences but are not to be permanently affixed. The containers are to be black or white and are to be well maintained. When purchasing and placing flower boxes, please be attentive to the weight of such units when fully watered and take care not to damage the railings or fences.
e. Flower Pots
Flowerpots with live plants are allowed in the Limited Common Areas bordering each Unit, such as walkways, stoops, decks, patios and driveways. Pots should be positioned so as to not obstruct the walkways or create any safety issues.
f. Hanging Plants
No brackets may be attached to any building on the siding or trim; therefore hanging plants are not allowed on any Unit.
g. Other decorations
1. Holiday Decorations
Low wattage non-blinking white lights are allowed in the interior of unit windows, starting in late November through the Holidays, and must be removed by January 15.
Lighting is not allowed in exterior areas or on shrubs or trees. The Trustees reserve the right to require the removal of any inappropriate decorations. No other exterior decorative lighting is allowed. No other holiday decorations are allowed except door or garage wreaths, which may not be permanently affixed. All holiday decorations are to be removed by January 15 at the latest.
2. Seasonal Wreaths
Seasonal wreaths are allowed on individual front entry doors. Only removable hangers are allowed as no bracket or other hanging devices may be attached to the door or trim.
At no time should any source of noise (e.g. musical instruments, radios, televisions, pets) be so loud as to become a nuisance. Owners, guests and lessees/renters are expected to reduce noise levels between 10:00 P.M. and 7:00 A.M. especially, so that neighbors are not disturbed.
5. OUTDOOR EQUIPMENT AND CHILDREN'S PLAYTHINGS.
Lawn furniture, bicycles, children's wheeled vehicles and toys, recreational/athletic equipment of any type, sporting goods and other personal articles and equipment shall not be left or stored outside the Unit, except for appropriate seasonal furniture, which when used outside, shall be maintained and located on the deck or patio only and in such manner as to meet safety and aesthetic standards as judged by the Trustees.
6. OUTDOOR GRILLS.
The use of outdoor cooking grills within five (5) feet of a Unit is prohibited. Storage of any type of grill outside of the Unit is prohibited except on the deck or patio. When in use outside, cooking grills shall be maintained and used in such a fashion as to meet safety and aesthetic standards.
7. GARBAGE DISPOSAL/GRINDERS.
Garbage disposal/grinders will not be allowed in any Unit per regulation of the Southborough Board of Health and the Commonwealth of Massachusetts.
8. CLOTHES LINES.
No clothing, linens or similar materials shall be hung or otherwise left or placed in or on the Units, Common Areas, Limited Common Areas, and Facilities so as to be exposed to public view.
All firewood is to be stored outside in a container or rack designed for such use. No more than one quarter (1/4) cord of firewood may be stored at any one time.
No Unit Owner or occupant or any of his/her agents, lessees/renters, or visitors shall at any time bring into or keep in his/her Unit or the Common Areas, Limited Common Areas or Facilities any flammable, combustible or explosive fluid, material, chemical, or substance, except that such lighting and cleaning fluids as are customary for residential use may be kept in the Unit.
No cars or light trucks may be stored in any Common Area for more than seven consecutive days without the prior permission of the Trustees. No other trucks, motorcycles, snowmobiles, boats, utility trailers, boat trailers, or camping trailers or other heavy duty vehicles, such as motor homes or campers, will be allowed within the Common or Limited Common areas unless appropriate storage or parking arrangements have been made with the Trustees. This includes the overnight storage or parking of such vehicles. When permission is granted, the vehicle(s) cannot be used as living quarters.
10. IMPROVEMENTS TO COMMON AREAS AND FACILITIES.
The grounds of the common areas are for the responsible use and enjoyment of all residents, subject to the restrictions as stated in the Rules and Regulations. No object or fixtures are to be permanently placed or affixed on or about the grounds or any other part of the Common Areas or Facilities without prior approval of the Trustees.
11. IMPROPER USE OF COMMON AREAS AND FACILITIES.
a. There shall be no use of the Limited Common Areas or Common Areas and Facilities that injures or scars them or the plantings thereon, increases the maintenance thereof, or causes embarrassment, disturbance or annoyance to the Owners in the enjoyment of the Condominium. There shall be no obstruction of the Common Areas and Facilities without the prior consent of the Trustees.
b. No unauthorized person, including Unit Owners, shall be permitted on the roof of the Condominium buildings.
c. There shall be no organized sports activities, skateboarding or rollerblading, picnicking or fires, except in those areas, which are approved for such use in writing by the Trustees. Under no circumstances may a fire of any kind (excluding barbecue grills) be lighted or maintained, and under no circumstances may a person do or permit anything within the Condominium which would be in violation of any regulation of the Southborough Fire Department or other Town of Southborough rules.
12. HOUSEHOLD PETS.
a. Any Unit Owner or occupant having or desiring to bring a pet into the community must register the pet with the Trustees by completing the Pet Registration Form. This must be completed within 14 days of either receiving the form from the Trustees or of obtaining the pet, whichever is sooner. A copy of this registration should be given to the Trustees at their next scheduled meeting. Unit Owners must keep all required health documents for their pets up to date and provide evidence of the same to the Trustees within 14 days of their update. Lessees/renters are not permitted to have pets of any kind.
b. Only common domestic animals, not exceeding two in number and not exceeding twenty-five (25) pounds in weight each, may be kept in any Unit. Such animals include, but are not limited to dogs, cats (indoor type only), birds, tropical fish, goldfish, hamsters, and gerbils (if properly caged). Under no circumstances are reptiles or “exotic” animals to be kept in any Unit. Upon petition by any Unit Owner, the Trustees have the right to approve or disapprove the keeping of any pet other than those listed herein. Only Unit Owners may petition the Trustees for variance of the restrictions. It is expected that, where necessary, service animals will be approved as an exception. Breeding of any animals within the Condominium is prohibited.
c. No pet shall be allowed in or on the Common Areas or Limited Common Areas unless it is on a leash held by the Unit Owner, occupant or other responsible individual. No pets shall be left outside unattended on any stoop, patio, deck, yard, or tethered by ropes, chains, anchors or the like. Unattended cats may not be left outside in any area of the Condominium at any time.
d. The dog's owner is responsible for the immediate and proper disposal of the defecation by a dog on any Common Area or Limited Common Area. Furthermore, out of consideration for the neighbors, and to minimize unsightly lawn damage in front of units, owners are requested to restrict pets to within one foot of the curb in such areas.
e. The repair of any damage caused by a pet, including but not limited to staining of grass and shrubs, shall be the responsibility of the Owner of the Unit in which the pet lives. The Trustees are authorized, in their sole discretion, to repair to their satisfaction any such damage not repaired by the responsible Unit Owner, and the Owner of the Unit in which the pet lives shall be assessed the cost of such repair.
f. Any repeated disturbance such as, but not limited to, excessive barking caused by a pet may be cause for the pet's removal from the premises or other such actions deemed appropriate by vote of the Trustees recorded in the minutes.
g. Each pet owner shall take full responsibility and shall hold the Trustees and each of the other Unit owners and/or any other individuals harmless against loss, liability damage or expense for any actions of his/her pet(s).
13. DRIVEWAYS AND PARKING AREAS.
Owners and their tenants shall be responsible to see that neither they nor their guests interfere with the right of other Owners and their tenants to the appropriate use of driveways and parking areas. With the exception of changing a flat tire, or cleaning, washing and/or waxing a vehicle, no type of vehicle maintenance is permitted within the Common or Limited Common Areas. Use of the parking spaces and/or driveways for purposes other than parking (e.g., storage of furniture, automotive repair, maintenance, furniture refinishing, etc.) is prohibited.
a. Only cars and light trucks without signage are permitted to park overnight in the common parking or driveway areas.
b. All vehicles within the Common and Limited Common Areas must be in operable condition and have current license plates and inspection sticker (if required). Any vehicle not in conformance with the above may be moved or removed at the expense of the owner after written notice by the Trustees.
c. Under no circumstances are vehicles permitted on other than designated paved areas of the Condominium without the written approval of the Trustees. No vehicle shall be parked so that it blocks access to any walkway, driveway, roadway or parking area. No overnight parking on the roadway is allowed. Violation may result in a per-occurrence fine imposed by the Trustees.
d. Vehicles of occupants and long-term guests should be parked in unit driveways or garages, leaving common parking spaces available for occasional guests.
15. SNOW REMOVAL.
a. During snow removal times, vehicles should be garaged whenever possible. If a driveway, roadway, or parking area is blocked and the snow plowing contractor cannot safely clear the area, snow removal from that area may become the Unit Owner’s/lessee’s/renter’s responsibility. In addition, any vehicle left unattended in a roadway, which creates a safety hazard, will be towed at the vehicle owner’s expense.
b. Unit owners wishing to place de-icing chemicals on their driveways and/or walkways must use products approved by the Southborough Conservation Commission.
Neither Unit Owners, nor their occupants, agents, lessees or renters, are allowed to place signs of any nature, including but not limited to real estate signs, on any building or any other location on Vickery Hills property.
As an accommodation to the Unit Owners, the Association will, when appropriate, place a sign on the club house or other location determined by the Trustees, stating that there are units for sale and directing the public to the Association website, where particulars of the offer for sale may be listed. In addition, the Association will, at the owner’s request, place small signs stating “Unit for Sale” in close proximity to the front door of the offered unit. These signs will be provided by the Association and will be placed in such a position as to be visible from the street. Only signs provided and placed by the Association will be allowed.
17. ABUSE OF BUILDING/MECHANICAL SYSTEMS.
The Trustees may charge to a Unit Owner any damage to the mechanical, electrical or other building service system of the Condominium caused by such Unit Owner’s misuse of those systems.
18. OFFENSIVE ACTIVITIES.
a. No Owner may use or maintain his/her Unit or the Common Area adjacent thereto for any purpose or in any manner that is contrary to any applicable law, rule, regulation or requirement of any governmental authority, or for any purpose that would constitute a nuisance or be offensive.
b. No Unit Owner shall engage in or permit offensive activities or any noises by him/herself, family, agents, visitors or lessees/renters, nor permit anything to be done by such persons either willfully or negligently that:
1. may be or become an annoyance or nuisance to the other Unit Owners or occupants,
2. will interfere with the rights, comforts, or conveniences of other Unit Owners or occupants,
3. may or does cause damage to any other Unit or to the Common Areas and Facilities, or
4. result in the removal of anything from any other Unit Owner’s unit or from the Common Areas, Limited Common Areas and Facilities of the Condominium.
c. Any Unit Owner making or permitting such offensive activities shall be responsible for the elimination of these activities and may be responsible for any costs incurred to correct any damage or loss.
Moving Companies or other furniture movers, including Unit Owner and/or Unit occupants, shall neither move into Units or out of Units before 7:00 a.m. or after 10:00 P.M.
There will be no littering. Paper, cans, bottles, cigarette butts, and other trash is to be deposited only in trash containers and under no circumstances are such items to be dropped or left on the Common Areas or Limited Common Areas.
21. TRASH DISPOSAL.
Trash is to be stored in containers designed for such use. Trash containers shall be placed in driveways only on the day of trash pickup or the previous evening, and brought back inside within 24 hours of trash collection. It shall be the Unit Owner's or occupant's responsibility to dispose of any trash articles too large to be disposed of by normal residential trash pickup.
Damage to any building, Common Area or Limited Common Area caused by a Unit Owner or occupant, his/her family, guests, agents, servants, employees, licensees, tenants or pets shall be the responsibility of the Unit Owner unless such damage is covered by the Master Insurance Policy.
Unit Owners assume responsibility for their own safety and that of their family, guests and lessees/renters.
Each Unit Owner shall keep his/her Unit in a good state of preservation and cleanliness. Plumbing fixtures and apparatus shall not be used for any purpose other than that for which they were constructed. The Unit Owner shall pay for any damage to the plumbing system of any building resulting from such misuse.
Complaints of violations of these Rules and Regulations should be made to the Trustees in writing. If the Trustees feel that the complaint is justified, they will take whatever action they deem necessary. The complainant will be notified in writing by the Trustees what action they will take. Each Owner has the right to protect his/her interest in the event the Trustees choose not to take action on a complaint. The Trustees are not required to take any action upon receipt of a complaint.
Only residents of the Condominium and their guests may use the condominium amenities appurtenant to Units in the Condominium.
27. VENDING, PEDDLING OR SOLICITATION.
No person, including any Unit Owner, shall enter, or go through the Condominium for the purpose of canvassing the residents, or for the purpose of vending, peddling or soliciting orders of any kind or nature whatsoever; or for the purpose of soliciting donations or contributions or distributing any handbill, pamphlet, circular, tract, book notice or advertising matter; except that such canvassing, peddling, soliciting or distribution may be made with the prior consent of the Trustees.
The Trustees may revise these Rules and Regulations in any way at any time as conditions warrant, provided that they send a written communication to each Owner advising him/her of the change. The Trustees may not revise any Rule or Regulation that may cause it to be in conflict with any government law, regulation, rule, or any provision of the Master Insurance Policy.
29. DELEGATION OF POWERS.
The Trustees shall have the authority and duty to enforce these Rules and Regulations; but at their discretion, they may delegate such enforcement authority and duties under these Rules and Regulations as they deem appropriate.
The Trustees are authorized, in their sole discretion, to impose monetary fines or penalties for violation of these Rules and Regulations. Further, the Trustees have the right to relax or withhold enforcement of any rule or regulation for any or all residents, for which, under the circumstance, would be unfair or impractical to enforce, with the exception of those mandated by any government law, regulation, rule or any provision of the Master Deed.
As such, the Trustees as empowered by the Declaration of Trust have, effective November 3,
2011 approved the assessment of fines for each and every infraction of the Association’s Rules
and Regulations. For the first infraction, a written warning will be issued. For the second and
each subsequent offense, the Trustees may impose a fine of $50.00.
Violations must be corrected within a reasonable time as determined by the Trustees. In the
case of multiple infractions of the Rules and Regulations, or infractions which continue beyond
a reasonable time as determined by the Trustees, each occurrence and/or each day that the
infraction continues beyond the reasonable time for correction, shall be considered a separate
violation and shall give rise to a separate fine. The Trustees may, at their discretion, delegate
collection authority to the management company.
All fees and costs assessed pursuant to a violation of the Rules and Regulations shall be subject
to collection in the same manner as common charges, and shall be subject to costs of collection
as set forth in the Declaration of Trust. These costs shall constitute a lien on the unit pursuant to
the provisions of the Declaration of Trust.
31. RIGHT TO A HEARING.
Any person(s) aggrieved by any fine or penalty imposed by the Board of Trustees will be granted a hearing, provided that said person(s) requests a hearing in writing within ten (10) days of the grievance. Said hearing shall be held within twenty one (21) days of receipt of the written request for hearing and shall be conducted in a closed session. All involved parties (aggrieved, complainant, Unit Owner/lessee) and/or their representative(s) are required to attend the hearing. They may invite other persons, such as witnesses, to also attend.
32. ELECTION OF TRUSTEES
These rules are intended to supplement Article III, section 3.2 of the Declaration of Trust.
Any full time resident may put his/her name up for nomination. Lessees/renters are not considered full time residents regardless of the length of time of their residency.
Approximately one month before the election of new Trustee(s), the current Trustees shall call a special meeting for the purpose of accepting nominations. The name of any eligible person, who has indicated a willingness to serve a three-year term as Trustee, and whose name is placed in nomination and duly seconded, shall be placed on the ballot for the upcoming election. Subsequent to the close of nominations, the Trustees shall create an official ballot, containing the names of all duly nominated persons plus a write-in option, the date of the upcoming election, and the date by which any absentee ballot must be received. The Trustees shall distribute that ballot to all Unit Owners no later than one week following the close of nominations.
Any Unit Owner may vote, via secret ballot, at the designated meeting for the election of new Trustee(s) or he/she may vote by sealed absentee ballot, having presented his/her ballot in person or by mail to the Trustees by no later than the date indicated on the ballot. Any ballot received after the election will be considered invalid. In addition, any Unit Owner may designate a proxy to vote on his/her behalf, after duly notifying the Trustees in writing that such person may so vote. Each Unit is entitled to one vote, regardless of the number of owners of the Unit.
d. Counting of Votes
Subsequent to the receipt of all the eligible ballots and prior to the close of business of the designated election meeting, the Trustees’ designated persons shall orally count the votes and announce the results. In the event of a tie, the Trustees shall call for a run-off election by no later than one month hence, and shall duly send a notice to all Unit Owners advising them of the subsequent election. The notice shall announce the results of the election and shall include a revised ballot with the names of only the tied candidates. In addition the notice shall specify the date of the new election as well as the due date for ballots to be received. In the event of a further tie, the Trustees by a majority vote will choose one of the tied candidates to serve.
e. Election of more than one Trustee
In the event that, because of a vacancy, more than one Trustee is to be elected, the person with the most votes will serve for a full three-year term, and the second place person will fill out the term of the vacancy. If all Trustees are to be elected, the person with the most votes will serve for a full three-year term, the second place person will serve for a two-year term and the third place person will serve for a one-year term.
33. USE OF THE COMMUNITY CENTER
a. Only residents of the Condominium and their guests may use the Community Center. Guest attendance is by invitation only. The Unit owner/lessee/renter sponsoring an activity is responsible for the proper use of the Community Center, the cost to repair any damage, and the replacement of any missing items. The minimum age for use of the exercise equipment is 16. An adult (over 18) responsible for the minor must be present for the entire exercise.
b. No smoking or unlawful activities are allowed. No public advertising is allowed for any event held at the Community Center. Furthermore, no advertising of outside activities is permitted on the Community Center premises. No commercial activities are allowed without the prior approval of the trustees.
c. Use of the lower level of the Community Center during a function is strictly prohibited.
d. Non-medical Emergencies and/or building problems must be reported to the Management Company at 508.898.9993. For after-hours emergency issues only, please call 978.488.3514 and after hearing three quick tones, enter the telephone number from which you are calling by pushing the buttons on your touch-tone telephone. Then hang up the telephone. The on call property manager will contact you as soon as possible. If you do not receive a response within fifteen (15) minutes, please repeat the procedure or try the alternate pager number, which is 978.488.3516.
e. To avoid conflicts, residents should schedule activities on the calendar posted in the vestibule of the Community Center. This calendar should contain all planned activities, regardless of “type” (see below).
1. Social activities at the Community Center that further the sense of community among residents (e.g., “movie night”).
2. Social activities for the exclusive use by a resident and guests (also require booking 14 days in advance with the Management Company at 508.898.9993 Mon-Fri 8:30 – 4:30).
3. Social activities not for exclusive use (e.g., card games with guests).
1. Resident-only activities are exempt from fees.
2. Exclusive-use and non-exclusive-use activities will be assessed a refundable deposit of One Hundred and Fifty Dollars ($150), payable to Vickery Hills Condominium Trust. Deposits must be received by the Management Company one week prior to event.
3. Inspections will be conducted prior to and after all functions. The deposit will be refunded if it is determined that the Community Center was left in the same condition as it was prior to the function.
g. The Association and management assume no responsibility for loss or damage to items left at the Community Center. Residents using the Community Center are responsible to:
1. keep the Community Center clean
2. keep entrance doors closed at all times
3. when leaving:
- turn off all appliances and lights (except lights on timers or intended to remain on).
- re-set cooling setting to 80 °F in the Summer and heating setting to 60 °F in the Winter.