For purposes of this document, the term "Owner" shall have the same meaning as the term "Lot Owner" in the Declaration of Protective Covenants,
Conditions, Restrictions, Easements, Charges and Liens
Term of Office for Homeowner Association Board Members
Owners may wish to refer to the
Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges and Liens (Declaration) of the community.
Since that
original Declaration document was created in 1993, the Bristol View Homeowners Association ("Association") has enacted additional restrictions and standards.
Many major features of the original document are included here but this should not be taken to substitute for the full content and precise language of the Declaration. This document also includes the additional restrictions, standards, charges and liens enacted by the Association since the original Declaration.
In May, 2006, the Association Board voted to change the term of office for Board members from two years to three years. The rationale for this change is to assure continuity so that in any given election year, the Board can not suffer a loss of more than half of the then-serving Board members. Under the prior two-year term arrangement, in odd-numbered years, two Board seats were up for election, but in even-numbered years,
three (or more than half) of the Board member seats were up for election.
Exterior Improvement Rules
The following is provided as an aid to understanding the Association rules regarding the Exterior
Improvements process of our community.
All physical improvements shall be made at the risk of the Owner, and the
Association shall not be responsible for any loss or damage to any physical improvement in
the altered area. Approval of a requested improvement by the Association shall not constitute
assurance that the requested improvement meets the requirements of any governmental rules,
regulations or building codes. Such approvals must be obtained by the resident directly from
the appropriate governmental body.
No improvement shall materially alter the existing topography of the property and/or the
surrounding area, or adversely impact the existing drainage in and about the area to be improved. The Owner
is responsible for assuring that no such effect upon lawn areas, topography or drainage
occurs.
Any area damaged or disturbed by the construction of the proposed
improvement shall be restored to its original condition at the sole cost and expense of the
Owner. Restoration and repair shall be promptly completed and shall result in the
complete restoration of the area to the condition it was in prior to the construction.
Should an Owner opt to remove any improvement, the Owner shall properly
dispose of the materials and shall return the area to its original condition, all at the
Owner's sole cost and expense.
Architectural Standards and Rules
All plans for changes to any the exterior architecture, structure or appearance
of a home must be submitted by the Owner for approval to the Association on the Bristol View Homeowners Association's Exterior Improvement Request Form Process. Remember that whatever
change you make may impact your neighbors' views. Be considerate of your neighbors.
Individual Owners are responsible to maintain their Terrace homes, including
but not limited to decks, porches and/or patios, in a high and proper standard equal to the
quality of construction and care initially incorporated into the dwelling. If any
Terrace home is not appropriately maintained by its Owner, the Association may maintain the
Terrace home and charge the maintenance cost to the Owner.
Water, storm, sewer and sanitary sewer laterals serving a Home shall be maintained by the Association. Maintenance and repair shall be limited to leakage and structural failure only, including intrusion by growing tree roots.
All other maintenance and repair to laterals, including, but not limited to repairs caused by clogging (eg: resulting from failure to keep gutters clear)
shall be the Owner's responsibility and be completed at the Owner's expense.
No owner shall alter or change the exterior color of the
improvements on his home without prior written consent of the Association. The exterior of
all Terrace homes, including trim and doors, are to be repainted using only
Association-approved paint and stain colors. Decks & porches are to be stained with either the approved siding or trim colors or a transparent stain or wood preservative. Redwood and other stains are not to be
used.
Please note: We encourage Owners to submit an Exterior Improvement Request Form before painting your
home or having it painted so you can be apprised of the approved paint, stain and trim colors. Failure to use
the approved colors may result in your being required to repaint using the approved colors.
A list of the approved colors and recommended sources is also available from our property
manager by email. EMail Bill Tomlinson.
Maintenance, staining and/or painting of privacy fences, mailboxes and mailbox stands installed by the
builder or the Association are the responsibility of the Association.
No awnings, shutters, window guards or other exterior window or door coverings,
decorative or protective, may be installed without Association approval.
Shades and draperies or drapery linings visible from outside the home must be
beige or white in color.
No machinery, generators, refrigeration or heating devices, other than those originally
provided by the builder or replacements therefor, are to be installed without Association
approval. No external lighting fixtures of any kind are to be installed without
Association approval.
Garages are to be used for vehicle parking only and may not be modified for
any other use. To the extent practicable, cars are to be stored only inside the garage.
Garage doors are to remain closed except during ingress and egress, whenever possible.
The following are not permitted to remain on the property for more than 72 hours within any
month:
a. any vehicle which cannot fit into a garage of the home with the garage door closed;
b. any commercial vehicle of a weight of 2 tons or more unless garaged;
c. any unlicensed motor vehicles of any type, unless garaged.
Outside storage or parking for more than one 72 consecutive hour period per
month of a recreational or commercial vehicle, unlicensed vehicle, camper, boat, truck or
trailer is prohibited. No work on any motor vehicle, boat or machine of any kind, other than minor
servicing and maintenance is permitted outdoors except with the consent of the Association
No clotheslines, fences, walls or screen plantings of any kind are allowed
without Association approval. No outdoor drying or airing of clothing or bedding items is
allowed.
No external TV, or other antennas of any kind are allowed except for
small-aperture television reception dishes. The placement of such small-aperture dishes must be approved by the
Board.
Seasonal decorations or displays (eg: Christmas lights, wreaths, banners, flags, signs, etc.) must be
removed by April 30th of the following year.
Residents must keep their gutters cleared to avoid clogged drainage laterals and gutter overflows which erode the
soil,weaken association stone walls.
Landscaping Standards and Rules
The Association is responsible for maintaining all common areas. To constrain costs, the Association places priority on the appearance of front and side garden areas that are visible from the street.
Dead, badly damaged or overgrown plantings installed by the builder or the Association will be replaced. Dead or badly damaged Owner-installed trees and shrubs in areas visible from the street will be removed, but not replaced by the Association.
Common areas not visible from the street (or which while visible from the street are clearly "backyard" areas) are maintained by the Association at a lower level. In these areas, the grass is mowed, fertilized and treated with pesticide as needed. Foundation beds,
around the rear of the home only, will be weed-whacked in the same manner as garden beds visible from the street but they will not be mulched or maintained in any other way. The edge of Limited Development District (LDD and
also commonly referred to as "forever-wild") areas will be maintained in a manner to avoid encroachment into the grassed area and to remove trees or limbs which represent a danger of damage to a
home.
Owners are responsible for maintaining all garden areas not visible from the street, whether they were installed by the current Owner or by a previous Owner, to assure that they are not unsightly
to their neighbors and do not block neighbors' views. Should an Owner fail to adequately maintain such areas, in the judgment of the Association, the Association
may maintain the area and charge the maintenance cost to the Owner.
All plans for changes to any landscaping around your Terrace home must be
submitted for approval to the Board on the Bristol View Homeowners Association's Exterior Improvement Request Form Process. Remember that whatever change you make may impact one or
more of your neighbors' views. Be considerate of your neighbors in planning such areas. We strongly recommend that you review any such plans for areas which will be visible to your neighbors with the affected neighbors before submitting them for approcval..
Owners are not allowed to expand backyards into or clear the Limited
Development District areas behind homes. These Limited Development District (LDD)
"forever-wild" areas were part of the Town approval for the community and must be left as is.
Owners are not allowed to alter such areas in any way without approval of the Association Board.
If, after completion of the improvement, an approved landscaping improvement must be disturbed to allow maintenance on any Association, town or other community facility or service, the Association shall not be responsible for
any damage done to such improvement nor shall the Association be required to return the improvement to its condition before the required maintenance.
To facilitate lawn care, no exterior improvement shall be allowed which would create
narrow (less than 4 feet wide) or dead-end areas that cannot be mowed with equipment
currently in use. No plantings, bird feeders, lighting appliance or other item shall
be placed in such a way that it restricts passage from one back yard to the next backyard or from front yard areas
to backyard areas to a width of less than four feet without Association approval.
Vegetable plants are not allowed in areas visible from the street but, upon approval by the Association, a limited number of vegetable plants may be placed in the rear of a home only in locations not visible from neighboring homes.
We suggest planting such vegetables in pots.
No signs of any kind (e.g. for sale, political endorsements or otherwise) are to be
placed in windows or doors of the home or on any common areas. Repeated violations, after an initial
notification, will result in a fine of $100/day.
Owners must not add plantings to berms or eyebrows without Association
approval. We are trying to maintain a consistent look throughout the community.
No re-contouring of slopes, installations of walls or plantings which would
interfere with or change existing drainage patterns are allowed without Association approval.
The Association will mow existing lawn areas only - no further. Where the
landscaping crew deems it unsafe, mowing will be discontinued.
Owners who, because of sprinkler systems or applying extra fertilizer,
require mowing more than once a week should contact Chris Andrews, our landscaping contractor, to arrange for extra mowings at the owner's cost
or mow it themselves.
If, for the convenience of the Owner, the Association approves moving an
Association planting, that item becomes the property of the Owner. The Association will not
replace such plantings if they die.
Pet Containment Systems
With respect to underground pet containment systems (e.g. invisible fence or other equivalent electrical system), the Owner expressly
agrees to abide by the rules and regulations of the Association. The Owner assumes responsibility
for the repair and maintenance of the underground improvement. The Association shall not be
responsible for any damage to underground improvements. The Owner confirms agreement to:
a. Not allow any animal upon common areas unattended or not on a leash.
b. Promptly remove and properly dispose of all pet generated waste.
c. Repair all damage to improvements and landscaping within the common area and/or property caused by the Owner's pet.
d. Not permit the pet to be a nuisance or threat to the Association 's membership, their
guests and invitees.
Payment of Association Fees and Assessments - Late Fees
Payment of monthly and any other fees due to the Association are due and payable by the first day of each month. Those who choose to pay via the Electronic Transfer of Funds process may choose to have the funds deducted from their account on either the 1st or the 10th day of the month.
Beginning on October 1, 2009 if more than half of the amount due remains unpaid by the 15th of the month, a late fee of $20.00 will be assessed.
Any amount that remains unpaid 30 days after the due date may be subject to an additional charge of ten percent (10%) per annum.
Snow Removal
The Association is responsible for snowplowing all paved areas, excluding the
public dedicated streets (Bristol View Drive and the upper portion of Spruce Ridge) for which
the Town is responsible. The private roads (Woodcliff Terrace and lower portion of Spruce
Ridge), driveways and eyebrows are plowed whenever there is an accumulation of three inches or
more. The private roads are salted as needed.
Owners are responsible for shoveling snow from their own sidewalks. Residents
may contract individually with our private snowplowing contractor to have their sidewalk
shoveled when the streets and driveways are plowed. Extra trips to shovel driveways are
not included in this service. For details and pricing info,
E-Mail Chris Andrews or call him at (585) 766-9079.
The Association is not responsible for ice control or removal from driveways or
sidewalks. Owners may take steps to control or remove ice, but may not use salt or
other corrosive material or chemical that may harm or degrade the driveway or sidewalk over time.
Community Speed Limits
Woodcliff Terrace is a private road shared with the residents of the
Townhomes. The speed limit on Woodcliff Terrace is posted at 15 MPH. Bristol View
and the upper portion of Spruce Ridge are public dedicated roads. The New York state
speed limit on roads not otherwise posted is 30 MPH so that is the official speed limit on
those roads. But, due to the curviness of the roads and the fact that our residents
enjoy walking, please keep your speed on Bristol View and Spruce Ridge well below the
official limit. You will notice "caution speed limit" signs posted recommending a
speed of no more than 15 MPH.
Parking of Vehicles on the Street
On-street parking of vehicles increases the risk to pedestrians and
other vehicular traffic. Unless approved by the Association, automobiles and other
vehicles belonging to residents and/or their guests are to be parked to the greatest
extent possible in garages or driveways. As a courtesy to other residents, residents
expecting multiple guest vehicles for an event which is expected to last more than a
few hours are encouraged to request permission to use their neighbors' driveways
temporarily rather than parking in the eyebrows or on the street. In any case,
no vehicles are to be parked on the street overnight.
Vehicles must not be parked in locations which will impede delivery of mail.
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