The Board of Directors and Property Manager would like to remind residents of the Association’s Rules and Regulations.
Below are rules and regulations for some of the more common situations.
If you have any questions, please feel free to call (877-423-5050, ext. 220) or email David Rootovich. We thank you for your continued support and cooperation.
In accordance with the Bylaws, Residents are permitted to have common, non-controlled household pets with the consent of the Board. Consent of the Board shall be automatically deemed subject to compliance with this Section C governing Pets. Irrespective of any Municipal, State, or Federal Law to the contrary, no poisonous or venomous animals shall be permitted within any Unit or in any Common Area or Limited Common Area.
1.1. All dogs are to be kept inside their applicable Owner’s Unit at all times unless they are leashed and accompanied by, and under the control of, a responsible individual. All other pets shall not be permitted outside of the Units unless they are accompanied by an adult person and carried or leashed.
1.2. No pet is to be tied or leashed to any object within any Limited Common Area or Common Areas at any time.
1.3. Any damage caused by a pet to any Limited Common Area or Common Area shall be repaired by the Association to the Board’s satisfaction and the Unit Owner of the Unit in which the pet resides shall be assessed the cost of the repair.
1.4 All dogs kept by any Owner, Resident or Guest residing in the Unit for more than thirty (30) days shall be properly licensed and shall display tags as required by the City of Nashua. This tag must be visible when the dog is on any Common Area or Limited Common Area. Owners are responsible for any of their Tenants, or Guests for longer than thirty (30) consecutive days to assure compliance with this Section 1.4. Any responsible Unit Owner that does not obtain the approved tag, will be subject to fines.
1.5. Pet Waste: Owners will be responsible for the immediate removal of any animal waste deposited on the landscaped Common Area or any Limited Common Area of the Association.
1.6. Pet Restraints: No runs, chains, ropes or any other restraining device system is to be attached to any Limited Common Area or Common Area.
1.7. Pet owners are obligated to ensure that their pet is in compliance at all times with all municipal and state laws or ordinances concerning their particular pet.
1.8. Under no circumstances shall pets or animals of any kind be maintained or kept for commercial purposes.
1.9. The Board may revoke the permission granted a Unit Owner (or Resident or Guest as may be applicable) to keep a pet if any pet is deemed by the Board to be hazardous or a threat to any Resident or Guest, or has caused repeated disturbances. In such cases where permission to keep a pet has been revoked by the Board, the pet shall be removed immediately from the Association by the pet owner.
1.10. Enforcement: Failure to abide by these Rules and Regulations affecting pets, in addition to other enforcement procedures permitted by these Rules and Regulations, will result in the following enforcement actions:
· First Offense: Written warning letter from the Board to the Unit Owner.
· Second Offense: The Board will assess a fine of $50.00 against the Unit Owner where the pet resides.
· If after the Second Offense, the pet owner does not comply, the Board may rescind the right to keeping a pet in addition to the levying of additional fines.
· Third and Subsequent Offenses: The pet owner, and the Unit Owner if the pet owner is a Tenant or Guest, shall be required to come before the Board of Directors to defend their privilege of having a pet. Fines for third and subsequent offenses shall be levied at the rate of $100.00 for the third incident and increase by $50 for each subsequent offense.
· If the Board determines that a pet owner must remove the pet from the Property, and the pet owner refuses, there shall be additional surcharge fine levied on the Unit Owner of $250 per month or for any part of a month for which the pet remains on the Property.
4. Motor Vehicles & Parking:
4.1. Vehicles must have at all times a current registration and inspection sticker and must be in drivable condition. Any vehicle parked at any time without a visible current registration or inspection sticker (applicable to the vehicle registration) is subject to immediate towing at the expense of the vehicle owner and/or Unit Owner as may be applicable.
4.2. No snowmobiles, motorcycles, motorized bicycles, trail bikes, mini bikes, moped, mobile home, motor home, motorized scooter, boat, any kind of trailer, camper, all-terrain vehicle, snow blower or motorized equipment or similar vehicle shall be parked outside overnight within the Association, except that motorcycles may be parked overnight if registered with the Management Office pursuant to such policies as may be established by the Board of Directors from time to time. If no such policy is established or is eliminated, then the prohibition on motorcycles shall be in full force and effect. Any damage to roadways or parking areas caused by any vehicle, including motorcycles, shall be charged to the appropriate Unit Owner responsible for the vehicle (i.e., vehicles owned by the Unit Owner, Residents, Tenants, and Guests). No motorcycle kickstand shall be placed on pavement at any time without a board or other suitable material placed under the kickstand which will prevent any damage to the pavement.
4.3.1. Overnight roadway parking is permitted in the villages on one side of the roadway only, which shall be the Unit side, unless otherwise designated. In order to reduce the likelihood of collisions, care is to be used with regard to on-roadway parking so as to always ensure unimpeded access by emergency vehicles and unobstructed views of the roadway.
4.3.2. Parking on Kessler Farm Drive and Glencliff Drive is prohibited at all times unless a temporary waiver is requested and granted in writing by the Board of Directors or Management.
4.3.3. Parking or driving on non-pavement areas or walkways is prohibited at all times.
4.3.4 For outside overnight parking in any Common Area, Unit Owners are allowed no more vehicles than the number of licensed drivers that reside within a Unit; i.e., if there are four licensed drivers that reside in the Unit, the Unit would be allowed four vehicles to be parked in permitted common areas. Exception: all Units are allowed a minimum of three vehicles.
4.3.5 Overnight parking is prohibited on any road in the Aerie Section. Vehicles parked overnight after one initial warning shall be towed at the sole expense of the vehicle owner and/or Unit Owner. Unit Owners are responsible for communicating all parking rules to Guests, Residents, and Tenants.
4.3.6. Parking in front of or within fifteen (15) feet of fire hydrants, mailboxes, common access points and in any manner that inhibits access to a Unit is prohibited.
4.3.7 Unit Owners will be fined if Guests or Tenants do not abide by the parking rules. Vehicles violating parking rules, including requirements of the Snow Removal Policy, will be towed at the vehicle owner’s and/or Unit Owner’s expense.
4.4. Repair of Vehicles:
4.4.1. The repairs to vehicles which renders the vehicle non-operative for more than twenty-four (24) hours is prohibited. Repairs shall not be performed in any Common Areas or Limited Common Area and shall not be a nuisance to other Residents. Vehicles shall not be used to prop open garage doors (e.g. the car has the door resting on the car) for the purposes of performing maintenance on the vehicle.
4.4.2. The changing of vehicle oil and fluids is prohibited in any Common Area or Limited Common Area or within any Unit. .
4.4.3. The disposal of vehicle fluids or hazardous material must be properly disposed of in accordance with EPA laws and regulations and may not be dumped onto the Association’s property or placed in the trash for normal pick-up.
4.4.4 Repairs to any non-Resident vehicles is always prohibited.
4.5. Repairs to any portion of the Association as a result of vehicle damage or vehicle fluid shall be at the expense of the respective Unit Owner.
4.6. Commercial vehicles having any of the following characteristics are not permitted, including but not necessarily limited to the following:
a. More than two (2) axles. Axles to be defined under the NH Highway Department guidelines for tolls.
b. Open stake body.
c. Any writing on the outside of the vehicle for commercial purposes.
d. Work vehicles of any kind.
e. Exposed rubbish.
f. Exposed commercial tools, equipment or trade goods.
The Board of Directors reserves the right to have commercial vehicles removed with all costs and fines charged to the Unit Owner if the Unit Owner has not obtained permission in writing from the Board to have the commercial vehicle park overnight.
4.7. No vehicle shall be operated at a speed in excess of 20 MPH on Kessler Farm Drive and Glencliff Way and 15 MPH on all other road ways.
4.8 Consistent with the adopted Snow Policy as in effect from time to time, Residents will remove their vehicles from the roadways to allow for snow plowing of the entire roadway. Failure to remove vehicles from the roadways will result in the vehicle being towed at the vehicle owner’s expense. The Board has the right to declare a snow emergency that prohibits any parking on the roadways.
4.9 Failure to comply with any motor vehicle and parking rule in this section may result in a fine to the applicable Unit Owner and/or having the offending vehicle towed at the vehicle owner’s expense.
5. Changes Altering or Affecting the Exterior Appearance:
5.1. No signs, window air conditioning units (window air conditioning units are only allowed in the third floor lofts in Townhomes from June 1 through October 15), antennas, flags (except the American flag as permitted in these rules), wind socks, awnings, outside window coverings, clotheslines, linens, articles of clothing, rugs, sheets, blankets, laundry or personal items of any kind shall be hung from any Unit, Common Area or Limited Common Area without the prior permission of the Board
5.2. Unsightly or damaged Window Inserts (or “grills) (where originally installed by the builder of the Unit) are the responsibility of the Unit Owner to repair in those Units that have windows containing grills. As applicable, window inserts (or “grills”) must be kept in Unit windows, except when removed for the performance of maintenance functions. If broken, replacement inserts matching the remaining inserts must be installed by the Unit Owner. If windows and window inserts are not repaired, the Association may repair with all costs assessed to the respective Unit.
5.3. Only storm/screen doors or windows approved by the Board of Directors may be installed.
5.4. Storm doors/screens and window screens must be kept in good repair and kept properly installed.
5.5. Beetle traps, yellow jacket traps, and animal traps are not permitted on any Common Area. The Management Company may elect to use humane traps to trap and relocate animals such as, but not limited to groundhogs that are causing damage to retaining walls, stairways, etc.
5.6. Satellite Dish: Satellite dishes are permitted to be installed subject to the rules approved by the Board of Directors and on file with the Management Company. Unit Owners must request a copy of such rules from the Management Company before installing a satellite disk.
9. Trash Disposal:
9.1. Curbside Trash Collection Procedure: Trash can be set at curbside no earlier than 6:00 PM on the night before the day of trash collection. Empty containers must be removed from the curbside no later than 8:00 PM on the day the trash is collected. All kitchen trash must be in containers with closed lids on those containers. The Unit Owner is responsible for picking up any trash or debris left by the trash collection company. Failure to properly maintain trash containers will result in fines to the Unit Owner. The Unit Number and Street must be marked on each trash container. Unmarked containers will be removed by the Management Company or the contracted trash collector.
9.2. Trash Disposal: If a Unit has no garage, trash containers may only be stored within the Unit or under the Unit’s deck. Household trash collection schedules will be annually communicated to Unit Owners. A published schedule on the Association’s website shall be deemed to constitute such notice.
9.3. Littering: To assist in maintaining the aesthetics of the Association, Unit Owners, Tenants, Residents, and Guests are responsible to ensure that no littering is committed on the Limited Common Area or Common Area. Littering includes cigarettes and cigarette butts. Unit Owners, or their Tenants, Residents Guests who drop litter including cigarettes or cigarette butts in or on any Limited Common Area or Common Area will be subject to fines at the discretion of the Board.
9.4. Hazardous Materials: Other than items kept in reasonable amounts in proper storage containers (e.g., for the non-commercial use of paints, thinners, gasoline for small engines such as snow blowers or portable generators), no flammable, combustible, hazardous, or explosive substance shall be stored or kept in any unit, beneath any deck, or on any deck. However, outdoor gas grills are permitted for use by unit occupants and their guests subject to the condition that such grills when kept on a wood deck must be placed on a fireproof grill mat of suitable manufacture and area coverage to prevent damage to deck or unit. Notwithstanding the sanctions outlined in Section D, Paragraph 4.1 of the Rules and Regulations, failure to use a fireproof grill mat shall result in the assessment of an immediate fine of $100.00. a second violation shall result in a fine of $250.00 and removal of the grill at the expense of the Owner. The Association shall have no liability to the Owner (or Tenant, in the event the violation is the result of actions by the Tenant), for the loss of the grill and any related components. One propane tank is permitted on decks when the tank is attached to the grill. At no time is the indoor use within the unit, including covered porches and garages, permitted of a grill designed and/or intended for outdoor use. The costs of repair of any damage, including damage to the paint finish, of the deck or area where the grill is used shall be the responsibility of the Owner. This rule has been adopted as part of the overall safety and risk management activities of the Association.
Notwithstanding the above, the Board recommends that all outdoor grills be kept a minimum of ten (10) feet from any structure. Further, this rule as set forth in this Section 9.4 may be changed at any time if required by either the State of New Hampshire, the City of Nashua, the applicable rules and / or guidelines published by the National Fire Protection Association (NFPA) or the Association’s insurance policy.
9.5. Disposal of Large Items (couches, mattresses, hot water heaters, etc.) is the responsibility, and expense, of the Unit Owner. Leaving such items in the Limited Common Area or the Common Area is prohibited.
9.6. Recycling bins are to be stored inside the Unit. The annual recycling pickup schedule will be communicated to all Unit Owners via publication on the Association’s website or such other manner as determined by the Board of Directors. Placement, identification, and removal of recycling bins from curbside will follow Rules as outlined in Section 9.1 hereof.
11. Decks, Balconies and Porches:
11.1. Decks, balconies and porches cannot be used to store items. Such items are, but not limited to children’s toys, bicycles, personal items. Permitted items include chairs and tables designed and intended for such use.
11.2. Unit Owners are required to seal their deck, balconies and porches with the approved color as directed by the Board of Directors. and to provide a copy of the material receipt or a statement indicating that the deck has been sealed to Management by August 1 in the years when the application of sealant is required pursuant to a schedule adopted by the Board of Directors. In the event the decks, balconies or porches are not properly sealed, the Association has the right to seal the deck, balcony or porch with all the associated costs being assessed to the respective Unit Owner.
12. Weapons/Hunting: Weapons of any type, including BB guns, pellet guns and paint guns, as defined by the City of Nashua ordinances or State of New Hampshire laws are prohibited from being used in any Limited Common Area or Common Area. No hunting or trapping is allowed on the property or in any Limited Common Area or Common Area.
13. Association Personnel: Unless authorized by the Board of Directors, no Owner, Tenant or Guest shall direct or engage any employee(s) of the Association, contractors and subcontractors to the Association or the Management Company, or the Management Company and its employees, on any private business, nor shall he or she direct, supervise or in any manner attempt to assert control over any such employee(s) of the Association.
14. Signage/Advertisements: Posting of signs, including but not limited to mail box postings, “For Sale” and “Yard Sale” signs, “Open House” signs, posters, advertisements etc. are not permitted without the prior written consent of the Board of Directors.
15.1. Unit Owners may plant flowers or shrubs in the mulched areas. No other areas may be planted without prior approval of the Board. All plantings and changes thereto shall be done in accordance with guidelines recommended by the Landscape Committee and adopted by the Board of Directors. Owners remain responsible to maintain any Owner installed mulch bed plantings. Planting of flowers will be strictly “plant at your own risk”. The Board of Director’s, Management Company and Landscape Company will assume no responsibility for items planted by any Owner, Resident, Guest, or Tenant.
15.2. Vegetable plants may be grown in pots and placed in mulch beds or on porches. No mulch beds shall be created or expanded to accommodate vegetable plants. All such plantings may be removed due to overcrowding or if in the opinion of the Landscape Committee are unsightly. If such plants are not removed immediately, then the Board shall remove such plants and assess all costs of the removal and any associated fines to the Unit Owner.
15.3. New or enlarged mulch beds require the prior approval of the Landscape Committee and the Board of Directors.
16.1. Unit Owners shall not cause or permit anything to be hung, affixed, attached or displayed on the outside of windows, walls or roofs, except as permitted by these Rules and Regulations.
16.2. No more than one decorative wreath and one doorknocker will be permitted on the exterior of doors, provided that they are discrete and in good taste. Such fixtures deemed by the Board to be in poor taste will be immediately removed upon written request of the Board.
16.3. Flags: The display of any type of flag or wind sock is prohibited with the exception of the flag of the United States, which may be displayed in an appropriate manner.
16.4. Lawn ornaments such as, but not limited to, statues, sun dials, bird baths, etc. may be kept on Limited Common Areas or Common Area, subject to disapproval of the Board of Directors if the Board or Landscape Committee deem such item(s) to detract from the overall appearance of any Unit, Limited Common Area or Common Area. Unit Owners in violation of this Rule will be asked to remove the items. If items are not removed in the prescribed time frame, the Board will make arrangements to remove the items and charge the cost of the removal to the Unit Owner. The Board of Directors and Management Company will assume no responsibility for the damage to any item asked to be removed.
16.5. Bird Feeders. Owners, Tenants, Residents and Guests are advised that the Board recommends that no bird feeder should be placed on decks or within any Limited Common Area or Common Area adjacent to any structure. Bird feeders should only be placed in the tree lines of each Unit. If an Owner, Tenant, Resident, or Guest elects to place a bird feeder in such locations not recommended by the Board, not more than two such feeders shall be placed within 15 feet of one another, nor more than two feeders on any deck. In the event of such placement, any damage to decks, Units, Limited Common Area or Common Area shall be repaired by the Association with the costs assessed to the Unit Owner who is responsible for the placement of such bird feeders whether by the Unit Owner or Tenant, Resident, or Guest of the applicable Unit. Such damage shall include, but is not limited to, clean-up of bird or other animal droppings due to the presence of the bird feeder(s), scratching or breakage of structures within the Limited Common Area or Common Area, removal of or prevention of the burrowing of mice and other rodents, attracting larger animals which may pose a danger or threat to Residents, etc. In the event of such damage, or if there are complaints from abutting neighbors as to nuisance or potential threat of danger created by the bird feeders, the Board may determine that such feeders be temporarily or permanently removed or moved to the recommended tree line.
16.6. Wind Chimes. Not more than two (2) wind chimes per Unit are permitted, so long as these items do not disturb others.
17. Storage of Items:
17.1. The storage or placement of personal property on any Limited Common Area or Common Area is not permitted except as allowed by these Rules.
17.2. Flowerpots. No more than four (4) flower pots may be placed in any Limited Common Area.
17.3. If personal articles which are permitted to be kept on decks, porches, Limited Common Area or Common Area are covered, they must be covered by a properly fitted cover manufactured specifically for covering the item (i.e. tarps or plastic draped over items is not allowed).
17.4. Personal articles, including, but not limited to, equipment, patio furniture, gas grills, personal property, bicycles, wheeled children’s riding toys, etc.), may not be stored beneath a Unit’s deck, or in any Limited Common Area or Common Area covered by mulched beds, lawns, or paved area.
17.5. Any permitted personal article stored on or beneath a Unit’s deck cannot extend beyond the boundary of the deck.
17.6. Personal articles, including but not limited to, bicycles, toys, baby carriages, lawn chairs, etc., may not be left overnight on the Limited Common Area or Common Area except as may otherwise be permitted by these Rules and Regulations.