This document contains the Rules and Regulations of the Timbercrest Homeowners Association (“the Association”). These Rules and Regulations were originally adopted by the Association’s Board of Directors at its regular meeting on April 21, 2009, and were amended and adopted by the Board of Directors at a scheduled meeting November 2017.
ARTICLE 1: Introduction
The Association is formed to serve as a means through which the property owners may take action with regard to the administration, management, maintenance, repair and operation of the Timbercrest development. Each property owner in the development will, by virtue of his or her ownership and payment of yearly dues, become a member of the Association. The powers of the homeowners’ association membership shall be defined herein:
ARTICLE 2: Board of Directors
2.1 The affairs of the Association shall be governed by a Board of Directors consisting of five (5) members all of whom shall be owners or spouses of property owners in the development.
2.2 The Board of Directors is vested with the powers and duties necessary or appropriate for the administration of the affairs of the Association with the exception of acts that violate the law, the Master Deed, or other delegated powers/responsibilities set forth by the property owners.
2.3 For purposes of the Board of Directors, a “term” shall be for a period of two (2) years from beginning December 1st and terminating on November 30th.
2.4 No more than one person per household may serve on the Board of Directors at one time.
2.5 All residents in the Timbercrest development are prohibited from receiving compensation for work performed on behalf of the Association.
2.6 In the event of a vacancy in the Board of Directors, such vacancy shall be filled by an affirmative majority vote of the members of the Board, which appointment shall expire at the end of the term.
2.7 Any expenditure not previously budgeted by the Board of Directors, which exceeds the sum of $5,000.00 must be approved by an affirmative vote of a majority of the general membership.
2.8 The members of the Board of Directors shall not be liable to the property owners for any mistake of judgment, negligence or otherwise for their own individual willfulness, conduct or bad faith. The property owners shall indemnify and hold harmless each member of the Board of Directors against all liability to others arising out of contracts made by the Board of Directors on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Master Deed or these Rules and Regulations. It is intended that the members of the Board of Directors shall have no personal liability with respect to any contract made by them in good faith on behalf of the Association.
ARTICLE 3: Board Member Dismissal and Governance
3.1 Members of the Board of Directors can be dismissed if they fail to perform their elected duties. Members that fail to do the following may be removed from their position upon a majority vote of the remaining Board Members:
Failure to attend board meetings without giving notice or for missing three (3) consecutive meetings. (Note: Meetings must be scheduled two (2) weeks in advance).
Failure to attend two (2) consecutive community meetings.
Refusal to perform their elected duties on multiple occasions.
3.2 With regard to the failure or refusal to perform work or elected duties, other board members must formally document each such instance and present that information to the Board Member in question.
3.3 Each incident must have a majority vote of the Board Members to go on record. (Rules and Regulation change accepted on November 15, 2012, at the Community Meeting)
ARTICLE 4: Association Fees and Late Fees
4.1 There is a $200.00 initiation charge for all new members of the Association.
4.2 All owners are required to pay an annual $200.00 Association Fee. Annual dues shall be paid no later than February 28th of each year (or February 29th, in Leap Years).
4.3 If full payment of the annual Association Fee remains outstanding on March 1st, a late fee of $50.00 will be assessed. For purposes of this paragraph, the payment must be postmarked on or before the last day of February.
4.4 If full payment remains outstanding on March 15th, an additional late fee of $25.00 per month will be assessed.
4.5 If full payment, together with any applicable late fees, is not received in full on or before April 15th, the Association may place a lien on the subject property, and the owner shall be responsible for the amount of the lien, lien filing fees, any additional late fees, and interest, as well as reasonable attorneys’ fees incurred in procuring the lien.
ARTICLE 5: Meeting Regulations
5.1 The Board of Directors will hold meetings for Association members at a location that is suitable and convenient within Gloucester County, New Jersey.
5.2 Association members will be notified of meetings via mail, flyer, email. or social media. Said notice will be provided at least ten (10) days prior to each meeting.
5.3 A bi-annual meeting of the property owners shall be held in the 2nd and 4th quarters of each year The dates of these meetings will be provided within the notices sent as set forth above.
5.4 At the 4th quarter meeting the homeowners shall elect a Board of Directors of the Association. A “term” shall be for a period of two (2) years from beginning December 1st and terminating on November 30th.
5.5 Any member who is in arrears for annual fees, initiation fees, or for failure to pay fines levied for the maintenance and upkeep of the common grounds in the community will be considered in violation of these Rules and Regulations, and shall not be eligible to vote.
5.6 It is the duty of the President to call a special meeting of the property owners if so directed by resolution of the Board of Directors or upon a petition of 25% or more of the property owners.
5.7 The presence in person or by proxy of property owners holding at least 33% or more ownership interest shall constitute a quorum at a meeting of the property owners.
ARTICLE 6: Formal Board Hearings
6.1 The Board of Directors will notify each party in writing at least fifteen (15) days prior to the hearing date, time and location as well as the particular Deed Restriction and/or Rule or Regulation(s) at issue.
6.2 The hearing will be informal. The parties will appear before the Board of Directors and be afforded the opportunity to present evidence and arguments on all issues involved and cross-examine all witnesses who have testified.
6.3 The Board of Directors may make a finding based upon the evidence presented that a violation has occurred and the parties will be notified in writing of such finding.
6.4 The failure of a party to appear at a scheduled hearing does not preclude the Board from receiving and considering evidence, hearing arguments and making a finding on the merits of the matter.
6.5 When the Board of Directors has determined that a violation has occurred, the party in violation shall have fifteen (15) days to comply with the order unless a later date is specified in the Board’s discretion.
6.6 The Board of Directors may provide for the imposition of a fine not to exceed $100.00 for the first offense or more than $500.00 for each subsequent offense.
6.7 Furthermore, the Board of Directors may provide for a per diem fine not to exceed $10.00 per day in the event that the party in violation does not comply with the decision in the allotted time.
6.8 In the event of the failure of the party in violation to pay any fine imposed, the Board of Directors has the authority to impose a lien on said party’s property in the amount of the fine, plus costs and reasonable attorneys’ fees incurred as a result of the imposition of the lien as well as collection costs.
6.9 The Board also has the right to enjoin, abate or remedy by other appropriate legal proceedings either in law or in equity any continued violation.
6.10 At least three (3) members of the Board of Directors must be present during the hearing, and the imposition of penalties must be approved by a majority of the members in attendance.
ARTICLE 7: Modification/Amendment
7.1 These Rules and Regulations may be modified or amended only upon a majority vote of the Board of Directors.
ARTICLE 8: Advertising
8.1 Commercial or political advertising in any form is prohibited at any function sponsored by the Association.
ARTICLE 9: Signs
9.1 Signs, other than signs advertising the lot(s) for sale or rent, or political signs that fall under certain conditions and timing (documented in the following subsections), shall be erected or displayed on the lots.
9.2 Allowances for political signs will be made under the following conditions:
Signs will be permitted only in the doorways and first floor windows of Timbercrest homes within thirty (30) days of a political campaign election day.
Political signs are not permitted in any other area of the property (such as in the ground or near the sidewalk).
Political signs will be removed within 24 hours of election conclusion.
Failure to comply with said rules could result in the confiscation of violating sign (which will be returned to the owner).
ARTICLE 10: Fee Simple Deed Restrictions
In order to preserve the character of Timbercrest as a residential community for the protection of the value of the lots and homes thereon, the Declarant hereby declares that the property and lots submitted to this Declaration shall be subject to all covenants, easements and restrictions of record to the following restrictions and covenants, all of which shall run with the land.
10.1 No lot shall be used for any purpose other than as and for a single family town home residence.
10.2 There shall be no obstruction of access to any Common Property, the use of which shall be in accordance with this declaration, the By-laws and any Rules and Regulations promulgated by the Board.