Brittany Condominiums

Homeowners Association (HOA) Rules and Regulations

Updated 8-2009

Introduction

These rules are established as a basis for a successful community and an enjoyable lifestyle.  Condominium living is different from living in a “typical neighborhood”.  At Brittany, community rules are not only essential, they are a necessity.  Rules are established by the Homeowners Association (hereafter referred to as “the HOA”) for the benefit of the members and for the protection of their property.  Residents are responsible for complying with the rules and regulations and therefore, are encouraged to assist in the enforcement of HOA rules and regulations by reporting violators in writing to any HOA Board Member or the Association Manager.

General Information

The Association fee, which is currently $153.00 per month, is due on the 1^st day of the month and late if received after the 10^th day of the month.  If not received by the 10^th, a late fee of $20.00 will be assessed to the homeowners account and the homeowners clubhouse access key will be deactivated (the clubhouse access key will be reactivated once all past due monies have been paid.  Please make checks payable to Brittany HOA and mail to:

Or you may drop your payment off in the Brittany Clubhouse drop box which is located inside the clubhouse just to your left as you enter the clubhouse door. Or you may go to http://www.onlinecommunitysolutions.com/inside.php?page=brittany and click on “hoabillpay” to electronically pay your Association fee.

The Annual Homeowners meeting is held each year in March.  The exact date, time and place is established by the HOA Board.  All members are notified by mail not less than 10 days or more than 30 days in advance.  Homeowners who are not current with monthly Association fees and other assessments may not participate in the Annual Homeowners meeting.

The HOA Board of Directors meets monthly at the Brittany Clubhouse (the date and time is announced in the monthly newsletter and on the Brittany HOA website at http://brittanyhoa.com/Information.htm) and all homeowners are invited to attend these monthly meetings. 

Owners Responsibilities

See page 3, Section 8 of the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for the definition of a unit for which homeowners are responsible.  Owners responsibility includes but is not limited to:  all mechanical equipment and appurtenances located within any one home, or any designated device that is designed to serve only that home such as appliances, electrical receptacles and outlets, air conditioning compressors, furnaces, water heaters, fixtures, all decorated surfaces of interior walls, floors and ceilings, included but not limited to all paint, wallpaper, wall coverings, screens, windows and window frames, doors and door frames, garage doors and openers, trim, carpeting, tile and linoleum, all pipes, wires, conduits or other utility lines that serve only one home.

Snow Removal

The HOA is responsible for removing snow from sidewalks and parking areas in the common area and all community streets.  Residents are responsible to remove snow from their driveways, porches and patio areas.  However, at this time the HOA has included the removal of snow from the homeowner’s driveways (as long as there is no vehicle parked in the driveway) along with snow removal from common areas and streets.

Violations of the Rules and Regulations – Warnings and Fines

All homeowners/residents should contribute to the enforcement of the HOA Rules and Regulations which govern our community.  All complaints will be held confidential. All complaints must be in writing and signed by the complainant to be legally enforced.  The Association Manager will act upon all written complaints when received.

All violations of the Rules and Regulations will be handled in the following manner:

First Offense- A written notice of violation will be delivered to the homeowner and/or resident and/or homeowner’s rental agent. The homeowner/and or resident and/or homeowner’s rental agent will be given a (minimum of 48 hours) to resolve the violation.

Second Offense- A written notice of violation will be delivered to the homeowner and/or resident and/or homeowner’s rental agent and a $25 fine will be assessed to the homeowner, along with any additional expenses incurred by the HOA if the violation is not resolved within 48 hours.

Third Offense- A written notice of violation will be delivered to the homeowner and/or resident and/or homeowner’s rental agent and a $50 fine will be assessed to the homeowner, along with any additional expenses incurred by the HOA if the violation is not resolved within 48 hours.

Additional Offense(s) - A written notice of violation will be delivered to the homeowner and/or resident and/or homeowner’s rental agent and fines will double for each additional offense and will be assessed to the owner, along with any additional expense incurred by the HOA if the violation is not resolved. Fines will not exceed $500 per month for the same offense.

The HOA reserves the right to apply an immediate fine to any violation deemed as an immediate and dangerous threat to the members of the Community, or Community property, not to exceed $500 per month.

All fines levied pursuant to this schedule of fines shall be collected pursuant to Utah law and may become a lien against the owner’s home.

All homeowners or their rental agents have the right to dispute a violation and/or fine.  All appeals must be made in writing to The Brittany HOA Board of Directors by a person having ownership in the community or their rental agent.  Appeals must be received within (30) days of the date of notification of the fine. If the owner or their rental agent is not present at the scheduled appeal hearing, it is to be considered that the owner has forfeited their right to an appeal (exception is for owners (with no local rental agent) who live greater than 150 miles from the community - the appeal may be handled via written communication only or via conference call).  You will be advised of the hearing date, time and place.  The appeal hearing shall be conducted in the following manner:

• A majority of the HOA Board of Directors must be present at the hearing
• The Homeowner or their rental agent will be granted 10 minutes to address the HOA Board of Directors regarding the violation and fine in question.
• At the conclusion of 10 minutes, the HOA Board of Directors may do any of the following:
  • Discuss the appeal in Open Forum and render a final decision to the homeowner before the hearing is concluded.
  • Adjourn to an Executive Session to discuss the appeal while the homeowner waits for a final decision to be rendered. A final decision may be rendered at the conclusion of the Executive Session.
  • Adjourn to an Executive Session to discuss the appeal.  If a final decision cannot be reached at the conclusion of the Executive Session, the HOA Board of Directors reserves the right to continue discussion and render a written decision to the homeowner within 30 days of the meeting date.  The HOA Board of Directors, after the hearing, may levy a fine consistent with its governing documents and applicable law.

Parking and Vehicle Rules and Regulations

(Driveways are considered limited common area as defined by the plat map and governing documents of the Association.)

1.      Residents should use their garage and driveway for parking personal vehicles.  If residents own a greater number of vehicles than there are spaces for, within the unit’s driveway and garage, then the resident may park in other common area parking.

2.      Double parking of vehicles of any kind, is prohibited.

3.      Parking of any vehicle on the street is prohibited.  Vehicles parked on the street are subject to immediate towing.  Signs are posted throughout the community notifying residents and guests of this rule.

4.      Residents may park at the clubhouse only when using the clubhouse/pool facilities.  Guests to the community may park at the clubhouse.

5.      No resident shall repair or restore any vehicle of any kind in, or about the limited common areas or common areas except for emergency repairs, and then only to the extent necessary to enable movement to a proper repair facility.

6.      Storing vehicles in the limited common or common area parking is prohibited.  All vehicles that are parked for periods longer than 2 days are considered to be stored and are in violation, and are subject to towing and/or fines. Written permission to allow vehicle storage in limited common or common area parking for longer than two (2) days may be obtained from the Association Manager under special circumstances.

7.      Vehicles with expired plates or in an obvious state of disrepair are not allowed to be parked in limited common or common area parking.

8.      Each owner is responsible for any leaks, spills or damage caused during use of limited common area or common area parking.

9.      Garage doors shall remain completely closed except when the garage is in use.

10.  Driving motor-powered vehicles including but not limited to mini-bikes, motorcycles, go-carts, go-peds, and cars on the sidewalks or landscaped areas is prohibited.  All drivers of motorized vehicles must have a valid driver’s license.

11.  Driving at speeds in excess of 15 mph is prohibited.

12.  Washing your vehicle on the property is allowed only if clean up is completed in a timely matter.  (Remember to keep the water to a minimum.)

13.  All residents are required to register all their vehicles with the Association within 30 days of obtaining the vehicle.  Each vehicle will be assigned a parking permit and this permit must remain inside the vehicle at all times when parked within the community.  The permit must be placed in a location inside the vehicle where it is clearly visible from the outside of the vehicle.

 General Rules and Regulations

1.      Nuisance-It is the responsibility of each homeowner and/or resident to prevent the creation or maintenance of a nuisance in, on, or about   the community.  The following are considered nuisances and are prohibited:

a.   Unclean, unhealthy, unsightly or unkempt condition on, in, or about the home, the limited common areas or the common areas.

b.   Children under the age of 5 should not be left outside unattended.

c.   Parents are responsible for any damage that their children may cause.

d.   Any tobacco smoke that drifts into another residential unit more than once in each of two or more consecutive days is a nuisance under Utah State Law.

e.   The storage of any item, property or thing that will cause the home, limited common, or common area to appear to be unclean or untidy or that will be noxious to the senses.

f.    The storage of any substance, thing or material upon any home or in the limited common or common areas that will emit any foul, unpleasant or noxious odors or that will cause any noise or safety, comfort, or serenity of the other residents.

g.   Maintaining any plants, animals, devices or items, instruments, equipment, machinery, fixtures, or things of any sort whose activities or existence in any way is illegal or to diminish or destroy the enjoyment of the community by other residents.

h.   Excessive noise in, on or about any unit or in the limited common or common area, after 10:00 P.M. and before 7:00 A.M.

i.    Excessive traffic in, on or about any unit or the limited common or common areas.

2.   Garbage and Debris- all rubbish, trash, refuse; waste, dust, debris and garbage shall be regularly removed from the home and shall not be allowed to accumulate thereon or to be stored in such a manner that it is visible from the street.

3.   All trash cans should be stored within the homeowner’s/resident’s garage.

4.   Trees, Shrubs and Bushes- All common property located near driveways, entrances, exits, walkways, paths and the street shall be maintained by the Association.  No owner may plant any shrubs, bushes, trees and or perennial flowers without the written consent of the HOA Board/Association Manager.  Owners/Residents may not alter or remove any of the existing plants, shrubs or trees, without prior approval from the HOA Board/Association Manager.  Flowers (annuals) planted by homeowners are the responsibility of the homeowner to weed and maintain in an attractive manner.

5.   Business Use- No commercial trade or business may be conducted in or from any home unless: the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the residence.  The business activity should not involve door to door solicitation and should not result in an excessive increase of traffic within the community.

6.   Satellite Systems- No antennas or satellite dishes shall be installed without the consent of the HOA Board/Association Manager.  The homeowner must sign a letter of responsibility before any antenna or dish is installed.

7.   Window Coverings- No aluminum foil, newspapers, or reflective film coatings may be used to cover the exterior windows of any home.

8.   Structural Alterations - No structural alterations to the limited common or common areas or facilities are allowed without written consent from the HOA Board/Association Manager.  This includes attaching anything to any of the buildings.

9.   No owner shall get on the roof at anytime for any reason.

10. In general, signs or banners are not allowed without written consent from the HOA Board/Association manager.  Exception, homeowners selling their home, may display open house signs during the time of the open house.  Birth Announcement, Deployment, Welcome Home signs, etc. are allowed for limited amounts of time (48 – 72 hours).  Please use discretion.

11.  Holiday decorations and non permanent decorative lighting may be displayed no sooner than 45 days before and must be removed by 15 days after the holiday.

12.  Homeowners are not to engage in derogatory conversations with ANY community vendors.  All questions, concerns, or complaints need to be forwarded in writing to the HOA Board/Association Manager.

Pet Rules and Regulations (These Rules and Regulations are established and implemented pursuant to Article IV, subsection (c) (13) and (14) of the CC&Rs, page 18)

1.   At Brittany Condominiums, having a pet is a privilege, not a right.

2.   The HOA Board reserves the right to have any pet banned/evicted from the community (at the pet owners expense), for failure to comply with these Rules and Regulations.

3.   No more than any combination of two pets (cat/dog) may be housed within one unit.

4.   All dogs and cats must be registered with the property management company within 30 days of initial residence within the community or of obtaining the pet.

5.   Pet owners shall indemnify management and hold harmless against any loss or liability of any kind whatsoever arising from or growing out of having any pet or other animal in the community.

6.   All dogs and cats must have current rabies vaccinations

7.   All dogs and cats must be licensed with the City of West Jordan.

8.   When walking a pet, it must be on a leash and under the control of a responsible person.  The leash cannot extend longer than 6 feet when approaching any other persons or animals.

9.    Pets in the Common Areas must be closely supervised by a responsible person.  The area beyond a units porch/patio is Common Area.  Pets are not to be in common areas unattended.

10.  Pets are not allowed to “run at large” in the Limited Common or Common Area within the community.

11.  Pets are allowed to be tied to a stake outside the pets’ home with the pet owner present.  Leash/Rope length varies; pet should not be able to reach the neighbors porch or patio.

12.  Pets are allowed to be confined in a temporary enclosure with the pet owner present.  The temporary enclosure must be removed and stored when not in use.

13.  Owners are not to allow their pet(s) to pose a nuisance.  The following are considered to be a nuisance:

a.      Pets who constantly bark, scratch, whine, or cause other such noise

b.      Pets who cause damage to the property of anyone other than its owner

c.      Pets who cause unreasonable fouling of the air by odors

d.      Pets who molest passersby or chase passing vehicles

e.      Pets who attack other domestic animals

f.       Pets who otherwise acts so as to constitute a nuisance or public nuisance under the provision of Chapter 10, Title 76, Utah Code Annotated (1953) or other applicable laws and ordinances.

14.  The owner of any pets in the Common or Limited Common areas, for any reason, are responsible to check area, and clean up any pet waste immediately.

15.  Any pet/animal that may pose a threat or create an unreasonable risk of harm to the community are not allowed to live or visit in Brittany.

a.    Pets/animals that are not allowed are: Doberman Pincers dogs, Pit Bull dogs, and/or snakes of any kind.

 Clubhouse Rules and Regulations   Clubhouse Rental Form

1.   The clubhouse and its facilities are only for the use of Brittany homeowners and/or residents and their invited guests.

2.   The clubhouse doors (front and back) are not to be propped open at any time.

3.   Homeowners/residents must accompany invited guests at all times.

4.   No animals are allowed in the clubhouse.

5.   Anyone under the age of 16 may not enter the clubhouse with out an adult present.

6.   Anyone under the age of 16 using the clubhouse must have adequate supervision by an adult at all times.

7.   Homeowners are responsible for any damage caused to the clubhouse or its contents by the said homeowner or by any of his/her family, tenants or invited guests.  The homeowner shall pay for any such damage.

8.   Persons using the clubhouse will conduct themselves so that their actions will not be offensive to others.  Homeowners/residents will be responsible for the actions of their invited guests.

9.   The clubhouse exercise room is available to homeowners and/or residents and their invited guests 24 hours a day 7 days a week.

10.  The clubhouse rental room is available to be rented from 7:00 AM to 10:00 PM inclusive of setup and cleanup Sunday through Thursday and from 7:00 AM to 11:00 PM Friday and Saturday on a first come first served basis.  Exception: New Years Eve 1:00 AM.   The Occupancy limit is 60 persons.  Rental of the clubhouse entitles guests to use the pool during pool season.

 Swimming Pool Rules and Regulations

1.    The pool is for the exclusive use of homeowners, residents and their invited guests.  There are people of all age groups in our community so please respect your neighbors.  Be courteous and understanding.  Following the foregoing rules will make the use of these facilities more enjoyable for all.

2.    The swimming pool will be open 7 days a week.  The hours are from 7:00 A.M. to 10:00 P.M.   The pool will open Memorial Day weekend and will be closed after Labor Day.

3.    No more than 40 bathers are allowed in the pool at any one time.

4.    There is NO LIFE GUARD on duty.  Swim at your own risk.

5.    Any regulations that are implemented by the State Health Department will be an HOA rule and enforced accordingly.

·         Owners/residents will be notified by a posting at the pool of any new regulations.

6.      A homeowner/resident of the community must be with guests any time that the guests are using the pool.  Homeowners/residents are responsible for the conduct of their guests and their compliance with the pool rules.

7.      NO SMOKING is allowed in the pool area.

8.      NO GLASS is allowed in the pool area.

·         Non-breakable plastic or metal containers may be taken inside the pool area.

9.      NO Alcoholic beverages are allowed in the pool area.

10.  NO FOOD is allowed within 10 feet of the pool.

11.  NO ANIMALS are allowed in the pool area.

12.  NO CHILDREN under the age of 14 are allowed at the pool/pool area without an adult present with them at all times.

13.  NO BOISTEROUS OR ROUGH PLAY OR RUNNING is permitted in the pool area.  This includes pushing or shoving.  DO WALK around the pool area.

14.  SCREAMING, OFFENSIVE CONDUCT OR FOUL LANGUAGE will not be tolerated in the pool area.

15.  MUSICAL DEVICES are allowed in the pool area as long as they are kept at a low level of sound and do not disturb other residents.

16.  Regulation swimming wear must be worn when in the pool.  No street clothing to include but not limited to cut off jeans, shorts, shirts, t-shirts are allowed in the pool.

17.  Infants and children who are not potty trained must wear a swim diaper.

18.  Please use the shower facilities before entering the pool.  Homeowners/residents and their invited guests must provide their own towels, and other personal hygiene items.

19.  Remove all hair accessories such as but not limited to bobby pins, clips or rubber bands before entering the pool since these items can cause damage to the pool  & filter system.

20.  All homeowners/residents must help maintain the maximum cleanliness and tidiness in the pool area and restroom facilities.  Spitting, spouting water or nose blowing in the pool is prohibited.  If you need to use the restroom go to the facilities in the clubhouse- DO NOT USE THE POOL- help us maintain the sanitary specifications of the pool.

21.  Pool safety dictates that users of the pool, who bring small children to swim, must monitor and discipline the children to avoid swimming accidents.  Do not let them roam at will; drowning can take place very fast.  Avoid a catastrophe and be alert.

22.  The pool is monitored several times a day.  Homeowners/residents are asked to report immediately to the Association Manager any problems at the pool that need to be corrected.

23.  A cleansing shower is to be taken before entering the pool.