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Covenant Enforcement - Fine Policy

Southbridge is a community with adopted and enforced covenants and residential design guidelines. These covenants and guidelines protect property owners’ investments and ensure that our community looks its best. In order to protect each owner’s investments, the Southbridge Homeowner’s Association elected representatives and Board of Directors has unanimously adopted a new procedure for covenant enforcement under the existing Southbridge Bylaws. Effective May 1, 2006, the following procedures will be implemented to enforce covenant violations:

1. First Notice. Unless other notice is provided herein or in the event of an emergency situation, the Board shall give the Owner written notice by certified mail, return receipt requested, and by regular mail, specifying the violation, and an acceptable resolution to the violation.

2. Second Notice. If Owner fails to resolve said violation within ten (10) days after receipt of said notice, or, in the event that the violation cannot reasonably be cured within ten (10) days, if the Owner fails to commence resolving said violation and diligently pursues said resolution to completion within ten (10) days after receiving said notice, the Board shall send the Owner a second written notice by certified mail, return receipt requested, and by regular mail.

3. Imposition of Penalty. If Owner fails to resolve said violation within ten (10) days after receipt of the second notice, or, in the event that the violation cannot reasonably be cured within ten (10) days, if the Owner fails to commence resolving said violation and diligently pursue said resolution to completion within ten (10) days after receiving said notice, the Board shall have the right to exercise the remedies outlined below.

4. Receipt of Notice. Owner shall be deemed to have received said notice upon the first to occur of (a) actual receipt, or (b) three (3) days after the notice is sent by the Board to the property address by certified mail, return receipt requested, with proper postage attached, whether or not Owner actually receives said notice.

B. Remedies. In addition to all other rights and remedies available to the Association, the Board shall have the right and power to impose the following remedies for violation of the Declaration, or rules of the Association.

1. Fines. Impose a fine against said Owner in an amount of up to $25.00 per day commencing ten (10) days after Owner's receipt of the second notice. A list of fines for specific offenses may be attached hereto as Addendum A. Any fine not paid within ten (10) days after it is imposed will bear interest at the rate of 18% per annum.

2 . Corrective Action. Enter upon the property, correct the violation and charge the Owner for the cost of correcting said violation

3. Liens. File a lien against the Owner's property in an amount equal to all charges and expenses imposed hereby, and foreclose said lien.

4. Suspension of Privileges. Suspend the Owner's right to utilize amenities controlled by the Association until said violation is cured or any fines or charges imposed have been paid.

5. Litigation. File a lawsuit against the Owner to force the Owner to correct the violation, or to collect any amounts owed to the Association by the Owner.

6. Costs and Expenses. Charge said Owner for any costs and expenses incurred by the Association in enforcing any such violation of the Declaration or rules, including attorneys fees and expenses, and court costs.

C. Appeals. In the event that the Owner disputes the violation or the remedy imposed, the Owner shall have ten (10) days after receipt of the second notice to notify the Board by certified mail, return receipt requested, that it desires to appear before the Board to discuss the violation. Said notice shall be immediately emailed to all members of the Board, and, upon the vote of a majority of said Board members, said Owner shall be allowed to appear at the next regularly scheduled meeting of the Board for said purpose. Notwithstanding the foregoing, any fines or charges ultimately upheld by the Board shall relate back to the date that is ten (10) days after receipt of the second notice referenced above. If the Owner repeats the offense within one (1) year after the Board exercises any of the remedies contained herein, Owner shall not be entitled to an appeal on the subsequent offense.

D. No Waiver. The Association's decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Such a decision shall not be construed as a waiver of the Association's right to enforce such provision at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction, or rule.

Condensed Covenants

This document summarizes the articles regarding maintenance and use of property after construction and during occupation by the owner. The source document is the Master Declaration of Covenants, Conditions and Restriction Southbridge dated 12/29/1987 including and thru Amendment Sixteen dated 7/16/1995. The page reference in the Master Declaration is in parentheses after each paragraph.

1. Property Modifications and Alterations. No building, wall, dock, walkway, driveway, fence, mailbox, screening device, swimming pool or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made, nor shall the clearing of any trees or change of property grade be made, until plans and specifications showing the nature, kind, shape, heights, materials, location and grade of the same have been submitted to and approved in writing as to conformity and harmony of external design and general quality with the existing standards of the neighborhood and location in relation to surrounding structures and topography by the appropriate committee. No change shall be made in the color, stain or painting of any structure or door thereof, or balcony or deck thereunto attached, unless so approved. No changes can be made until permission for the same has been granted by the Architectural Review Committee or ARC. (p. 19)

2. Outside Antennae. No outside radio or television antennae, dishes or discs shall be erected on the properties, unless and until permission for the same has been granted by the Architectural Review Committee or ARC. (p. 24)

3. Plants and Trees. After the required clearing for the construction of dwelling units and driveways, no tree having a diameter greater than two inches, five feet above grade, may be cut or moved without the prior written approval of the ARC. (p. 24)

4. Mailboxes. No mailboxes or receptacles for the delivery of newspapers or mail shall be allowed on a lot unless the type and design thereof shall have been approved by the ARC. (p. 24)

5. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No immoral, improper, offensive or unlawful use shall be made of any portion of the property, and all valid laws, ordinances and regulations of all governmental agencies having jurisdiction shall be observed. Nothing shall be kept and no activity shall be carried on in any building or residence, or on any of the common area which will increase the rate of insurance applicable to other residential units. No owner shall do or keep anything or cause or allow anything to be done or kept in his/her dwelling or on the common area which would result in the cancellation of insurance on any portion of the properties, or any contents thereof. No waste shall be permitted on any portion of the common area or facilities situate thereon. (p. 23)

6. Home Occupations. No home occupation, industry, business, trade or profession of any kind, whether commercial or otherwise, shall be conducted, maintained or permitted on any part of the properties, except that declarant and other authorized persons shall use any unsold residence for sale or display purposes. The use for habitual parking for commercial vehicles in any unenclosed garage, carport, driveway or parking area on any lot or portion of the common area is prohibited. The term “commercial vehicle” includes all automobiles, station wagons, trucks and vehicular equipment, which bear signs or have printed thereon any reference to any commercial undertaking or enterprise. (p. 23)

7. Temporary Structures. No structure of a temporary character, including but not limited to trailers, tents, shacks and mobile homes shall be placed on any lot any time; provided, however, that this prohibition shall not apply to shelters used by contractors during the construction of dwellings. No temporary building or structure of any kind shall be used for a residence, either temporary or permanent. (p. 23)

8. Livestock and Poultry. No animals, livestock or poultry of any kind shall be maintained on any lot or in any dwelling or living unit, except that not more than five household pets (including no more than two dogs) may be kept or maintained, provided that they are not kept, bred, or maintained for any commercial purpose and, provided further, that they shall not constitute a nuisance or cause any unsanitary conditions. All animals must be confined to their owner’s lot or living unit, unless walked on a leash. (p. 24)

9. Parking. All vehicles shall be parked in garages, carports of the driveway area provided on each lot. The habitual parking of commercial vehicles, trucks, boats, buses, trailers, camping trailers, motor homes or other recreational vehicles is prohibited on the properties or rights-of-way of any public street in or adjacent to the properties, or upon any grassed areas in the properties. No disabled vehicle shall be parked on the properties for more than 24 hours. (p. 24)

10. Signs. No signs shall be displayed upon any lot or living unit other than a sign identifying the name of the contractor during construction of a dwelling or the developer of the properties, and advising that information concerning said dwelling is available at the Southbridge Sales Information Center, provided said sign meets the design criteria of the ARC and does not exceed eight square feet in area, and provided, further, that any mortgages who may become the owner of any lot or living unit may place a “For Sale” sign on any unsold or unoccupied lot, provided that the design, color and size of any such sign shall have been approved by the ARC. (pp. 24-25)

11. Drainage Ditches. No change shall be made in the level of courses of any drainage ditch in the properties without the prior written approval of the Modifications Committee. The owner of any lot which adjoins a drainage ditch or swale shall keep that portion of such drainage ditch or swale lying within or contiguous to his/her lot in a clean and orderly condition, and shall maintain the proper depth and grade of any such drainage ditch or swale. (p. 25)

12. Maintenance. Each owner shall be responsible for the maintenance of his/her lot and the improvements thereon. If, in the opinion of the Board of Directors of the Association, any owner fails to maintain his yard or residence in a neat and orderly manner, the Association may provide such maintenance as may be reasonably necessary, and the costs thereof shall be added to and become part of the assessment to which such lot or living unit is subject. (p. 25)

Compiled By:
The Long Range Planning Committee
Gary A. Johnson

FULL COPIES OF THE MASTER DECLARATION OF COVENANTS, BY LAWS, ARTICLES OF INCORPORATION AND BUILDING GUIDELINES CAN BE OBTAINED AT THE SOUTHBRIDGE SALES OFFICE.
SOUTHBRIDGE IS A COVENANT ENFORCED COMMUNITY

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