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SUNNY WATERS RULES AND REGULATIONS, ENTRY REQUIREMENTS,
AND STANDARDS
(February 12, 2007)
1. INTRODUCTION
AND PURPOSE — Sunny Waters Rules and Regulations, Entry Requirements,
and Standards establish fair and uniform policies to help provide for the safety
of all residents, to help maintain the community as a wholesome, clean, and enjoyable
place to live, to help maintain and enhance the overall value of the community
and the homes in the community, and to define the privileges and responsibilities
that come with being a Sunny Waters resident.
2. APPLICABILITY — Residency
at Sunny Waters is subject to compliance with the lawful terms and conditions
of Sunny Waters Standard Lease and these Rules and Regulations, Entry Requirements,
and Standards.
3. LEASES — These
Rules and Regulations, Entry Requirements, and Standards are by reference part
of Sunny Waters Standard Lease. A new lease is offered to each resident
upon the anniversary of his initial occupancy or current term, and for all new
residents.
4. HOME
SALES PROCEDURES — Reference Addendum A titled "Sunny
Waters On-Site Home Sales Procedures".
5. STANDARDS —
(a) It is required
that the: (i) protective exterior coating or siding (no rust, peeling
paint, faded paint, open seams, loose or missing panels, cracked or torn siding); (ii)
roof (no leakage, split, cracked, sagging, or rotting support structure), (iii)
windows and doors (no cracked or missing glass, full screens, operating window
mechanisms, properly fitting doors); (iv) home anchoring system; (v)
skirting (to enclose and properly maintain your home with a skirting material
that is attractive and in good condition - replacement skirting must be vinyl), (vi)
steps and handrails (both exits, painted, non-slippery, sturdy, and with handrails
at least on one side, stairs made from pre-cast concrete or pressure treated
wood), (vii) exterior lighting (over steps), (viii) heating, plumbing,
fuel lines & piping, hot water system, flues, heat exchangers, heat tape,
and electrical systems; (ix) Fuel tanks (no leakage, no fuel odor, no rust,
tank must be nicely painted and on solid safe footings); (x) flooring and
decking (no soft or rotting floor structures, no falling insulation under home); (xi)
home site landscaping (proper mowing, grass seeding, planting, yard care, decorating,
weeding, etc); (xii) electrical supply line between the Sunny Waters junction
box and home; (xiii) the water supply line between Sunny Waters system
and home, and its heat tape or heat wire; (xiv) carpeting, paneling, cabinetry,
vinyl flooring; (xv) smoke detector and fire extinguisher; (xvi)
parking area; and (xvii) accessory buildings (sheds, storage, carports,
porches, sun decks, etc.) be in good, safe, condition and approved in writing
by the Licensee.
(b) Plywood,
tinfoil, paper, and torn or stained shades and curtains, and boxes are not permitted
in the windows. Portable air conditioners are not to be installed on the
street side or front door side of home. Aluminum wiring is not permitted
unless each outlet, switch, fuse panel, and light fixture connected via a special
copper to aluminum connectors that complies with the National Electric Code.
(c) It is
required and agreed that each resident (i) install, test weekly, and maintain
an operational smoke detector and LPG detector; (ii) install, maintain,
and inspect weekly a fire extinguisher; and (iii) inspect and clean wood
burning stove and fireplace chimneys a minimum of once per year. (The Licensee
will not be held responsible for any damage or injury incurred because of a resident’s
failure to comply with the Standards, a malfunctioning or disconnected smoke
detector, an empty fire extinguisher, or for failure of a properly operating
smoke detector to provide a sufficiently loud alarm to awake the resident.)
(d) It is
required that each resident provide the address on his home in 3" reflective
or easy to read numbers that can be seen from the road. (This requirement
is for emergency vehicles)
(e) In the
event that any work is to be performed upon a home or its site, or upon the electrical
and/or plumbing systems of any home within Sunny Waters property, such work must
comply with the building code and requirements of the City of Norwich to include
where necessary the use of licensed plumbers, electricians, and other contractors. Permit(s)
required by the town are the resident’s responsibility and the Licensees
permission does not affect or address municipal permit requirements. The
Resident is liable to the Licensee for any damage to Sunny Waters property caused
by him, or the contractors he uses upon his site.
6. ENTRY
REQUIREMENTS — Sunny Waters Entry Requirements are the written,
nondiscriminatory criteria for resident selection which are applied equally to
all purchasers and prospective residents. Prospective purchasers and residents
must:
(a) Intend
to personally occupy the home;
(b) Not
exceed the capacity of the home. [All bedrooms shall consist of a minimum
of fifty (50) square feet of floor area and bedrooms designed
and certified for two (2) or more people shall consist of seventy (70) square
feet of floor area plus fifty (50) square feet for each person
in excess of two (2).]
(c) Not intend
to utilize the purchased mobile and manufactured home for an illegal purpose
or for any purpose that would disturb the quiet enjoyment of the other residents
of the park;
(d) Be
financially able or will be financially able to pay the rent for the mobile and
manufactured home space or lot upon which the purchased
mobile and manufactured home is located without the need for a “guarantor” or “co-signer”. [Sunny
Waters requires a minimum
of $550 of disposable funds per adult resident per month available after monthly
contractual obligations, excluding utilities, plus
a credit report demonstrating a recent history of honoring contractual payment
obligations in a timely and proper manner.];
(e) Select for purchase
a mobile or manufactured home at the time of sale or foreclosure which is safe,
sanitary, and in conformance with aesthetic standards [the “Park Standards” - The
Licensee reserves the right to require the removal of a mobile home being sold
whose age and condition does not meet the Park Standards as permitted by law.]
(f) Not be
a resident or lessee on another Sunny Waters home site. (“Sunny Waters” residents
are not permitted to lease or rent more than one home site at a time, and subletting
of home sites is not permitted).
(g) Complete
the Owner’s Rental Application Form and pay the current Application fee.
(h) Have
no history that they will not comply with the Sunny Waters Rules and Regulations
based on prior tenancies;
(i) Have
satisfactory credit worthiness;
(j) Have
not previously been evicted for non-payment of rent, violation of reasonable
rules or regulations, and/or violation of law;
(k)
` Be in full compliance with
these Rules and Regulations;
(l) Not
have a criminal record; and/or
(m) Not
have other lawful grounds to deny residency.
7. RELATIVES,
GUESTS, AND VISITORS — (a) Definitions: (i) Relative:
Spouse, child, grandchild, sibling, parent, or grand parent of resident
in your home where the intent is to provide housing; (ii) Guest: Any
non-relative who stays overnight in your home, without payment, and with your
permission; (iii) Visitor: Someone who visits with you, in person,
in the daytime, and who does not spend the night.
(b) Relatives
are welcome at all times and are not subject to these guest regulations, with
the exception of the bed space limitation, provided the intent is to provide
housing to the relative and there is no subletting of the home site.
(c) Guests are
welcome provided that: (i) no individual "guest" extends his
stay more than 14 continuous days and/or 30 total days per year unless permission
is granted by the Licensee or his agent; (ii) your guest is with you, in
person, at least once per day; and (iii) there is no subletting of the
home site.
(c) Visitors
are welcome with your permission provided that you are in the home while they
are visiting. (The purpose of this rule is to prohibit the "loaning" of
your home to your friends, friends of friends, neighbors, associates, acquaintances
of friends, and others who, in your absence, may not know who the manager is
or how to contact the manager, or who may not be familiar with or who may be
unwilling to comply with Sunny Waters Rules and Regulations, Entry Requirements,
and Standards, or the terms of Sunny Waters Standard Lease.)
(d) Relatives
and Guests, plus the resident(s), are limited to the total number of bed spaces. It
is recommended that Residents notify the Licensee if there will be an extended
term guest, frequent visitor, or relative staying at Sunny Waters.
8. SOLICITING
AND CANVASSING — Sunny Waters is private property, and peddling,
soliciting, and distribution of hand bills or circulars is not permitted. Each
resident will notify the Licensee immediately in the event anyone attempts to
peddle, solicit, or distribute hand bills or circulars on his home site. However,
any Resident of Sunny Waters may canvass other Sunny Waters residents at reasonable
times and in a reasonable manner provided other the residents do not object to
such canvassing.
9. SECURITY — It
is the resident’s responsibility, and not the Licensee's, to provide for
personal security needs and to call for police or fire protection. In an
emergency, call the police or fire department first, and then notify the Licensee
or his agent.
10. POWER
LOSS — The Resident shall immediately notify or leave a
message for the Licensee or his designee if power is off for more than 20 minutes
or whenever water pressure is substantially reduced.
11. SUBLETTING
OF HOME SITES — Assignment, Renting out, or Subletting, of Sunny
Waters home sites is not permitted. The right to occupy a home site at
Sunny Waters is not transferable except as provided in the event of an on-site
resale of a home.
12. SITE
IMPROVEMENTS — Previously constructed utility buildings may remain
provided that they are maintained in excellent condition. No new or additional
utility buildings, storage sheds, boxes, canopies, decks, or other structures
are permitted on your home site without the written permission of the Licensee. The
resident is solely responsible for compliance with requirements for the issuance
of permits, building official inspection, and building official approval, and
all other applicable laws and local regulations. All new structures must
comply with the following requirements:
(a) Home
Improvements: The concept of "mobility" must be retained. Any
change to a home that reduces its mobility is not permitted. Examples
include:
(i) removal
of axles,
(ii) installation
of a pitched roof on a home originally with a flat or curved roof (because the
added weight may not be safely held and
transported by the frame and the original axles and wheels),
(iii) installation
of wood siding (because of excess weight and loss of mobility) and it does not
comply with park standards), and
(iv) installation of sliding
glass doors or removal of part of the exterior of the home to provide a larger
access (because the required structural
modifications may destroy a homes ability to withstand snow loading or to be
safely moved).
(v) Installation
of skylights, new wiring, new windows, painting, plumbing, better insulation,
is all acceptable.
(vi) If the original siding
has deteriorated, it must be removed and replaced with the original type of siding,
and not covered. (This is to avoid the addition of extra weight, and the
possible covering over of what may be active or latent structural deterioration.)
(b) Storage
Sheds:
(i) Prefabricated
wood sheds, wood sheds that come in a kit, and wood sheds that are built per
professionally prepared plans are all
acceptable provided that they are assembled properly, anchored if larger than
60 square feet, painted the same color as the home
or stained a natural wood color, and have a pitched shingled roof that matches
the shingled roof color on the home.
(ii) The location
of the shed must not block the view of the home from any part of the road, and
if possible, the shed should be such that it cannot be seen from the road.
(iii) The
shed must be on the same site as the home.
(iv) Sheds
cannot exceed 125 square feet.
(v) The average height
of the shed roof above the ground must be 1 foot or less than the average height
above ground of the roof of the home.
(vi) Only
one shed per site is permitted.
(vii) The shed must not cover
sewage, water, telephone, or other utility lines that may need future access
for maintenance and repair.
(viii) Water
lines are not permitted to a shed.
(ix) Electric
lines are permitted if underground and per code.
(c) Porches
and Attached Structures: Porches, covered porches, and screened in porches
are permitted provided that
(i) 60%
or more of the exterior wall area is open, windows and screens, or just screens;
(ii) the structure
is not heated, not insulated, has no running water, and is not intended for year
round living, year round sleeping, or
year round eating;
(iii) the
floor is either concrete or pressure treated wood, or the floor is a previously
constructed uncovered porch floor in excellent
condition where the intent is to cover the existing porch, or the covered porch
is a prefabricated assembly;
(iv) the
porch must not depend on the home for its structural integrity including the
weight of snow that may accumulate on the porch
roof;
(v) the
home must be movable with or without the porch;
(vi) no
part of the porch can be closer than 8 feet from the site boundary;
(vii) the
porch must not cover sewage, water, telephone, or other utility lines that may
need future access for maintenance and repair;
(viii) the
porch must not block or interfere with the emergency exit;
(ix) the
porch roof must be shingled or a prefabricated metal roof (roll roofing, rubber
roofing, corrugated aluminum or steel roofing
and corrugated fiberglass roofing are not permitted);
(x) the
total length of the addition must be at least 10% less than the length of the
home;
(xi) the
width of the porch must not exceed the width of the home;
(xii) the
exterior color must be the same color as the color of the home, a natural wood
stain color, or white if a prefabricated assembly;
(xiii) the roof color must be the same
as the roof color of the home. Simple plans must be presented to the Licensee
for review and for filing along with the other records for your site.
(d) Carports: Enclosed
garages are not permitted. Carports are permitted provided they comply
with the applicable provisions of (c) above. Simple plans must be provided
to the Licensee for review and for filing along with the other records for your
site.
(e) Miscellaneous: Flapping
and/or noisy awnings, wind chimes, both fixed and portable TV satellite dish
antennas in excess of 18" in diameter, towers , swimming pools, tents, swing-sets,
tag sales and auctions are not permitted.
13. MAINTENANCE
OF HOME SITE —
(a) Except
as provided in the lease and elsewhere in these Rules and Regulations, all maintenance,
repair, and improvement of the home
site is the Resident's responsibility. Beautification of each home site
is encouraged. Each Resident will:
(i) keep
the home site neat and clean on all four sides of the home;
(ii) keep
the grass mowed below 5" at all times;
(iii) keep
the leaves raked and removed;
(iv) keep
the site free of weeds, noxious plant growth, debris, fallen trees, tree branches, vermin and
rodents;
(v) keep
hoses and yard care tools stored in such a manner that they are not normally
seen from the road;
(vi) store
children's toys in such a manner they are not visible from the road;
(vii) protect
and maintain home site shrubbery;
(viii) separate
garbage as required;
(ix) use
plastic biodegradable garbage bags;
(x) not
permit debris to accumulate around the home sites;
(xi) properly
use available refuse service;
(xii) notify
the Licensee prior to digging to be certain that there are no buried utilities;
(xiii) maintain
and repair on-site parking and drive areas as required; and
(xiv) maintain
the home such that it always complies with the Park Standards.
(b) Upon notification,
the Licensee or his agent will keep all exterior areas (common areas) not the
responsibility of the resident free from any species of weed or plant growth
which is noxious or detrimental to the health of the residents.
(c) Vegetable
gardens and flower gardens are acceptable provided they are: (i) legal; (ii)
for personal use only; (iii) well maintained and properly weeded; (iv)
located in the rear of the home site, preferably behind the home and not in view
from the roadway; (v) covering less than 10% of the area of the home site;
and (v) watered only by rainwater (do not use community or city water).
(d)
Snow plowing and sanding of the home site drive and home site parking areas are
the resident’s responsibility.
(e) Clotheslines
are not to be visible from the roadway in front of the homes and are to be the
rotary umbrella type only. If the clothesline must be visible from
the roadway it must be located as far back as possible.
14. FENCES — Chain
link fencing and solid privacy fencing are not permitted. However, solid
privacy fencing is acceptable if it is located adjacent to an electric panel
service distribution panel and its purpose is only to screen from view the panel
from the roadway, the home, or other residents, will be maintained by the resident,
and the design and size are approved by the Licensee or his agent. Existing
picket fences can remain as long as they are properly repaired and maintained. New
fences shall be of a rustic and decorative nature, split rail or open space picket,
not exceeding 30 inches in height, and made of pressure treated lumber. Each
open space between pickets must be at least 2" or the width of the
pickets, whichever is greater. Steel, plastic, wire, wire mesh, and vinyl
fencing are not permitted. Each resident will notify the Licensee prior
to digging to be certain that there are no underground utilities.
15. TREES — Each
resident is responsible for normal home site maintenance, including proper care
of the trees on his home site.
(a) The Licensee,
or his Agent, will cut and remove any standing dead or seriously sick or dying
trees or large branches upon a home site, common area, or neighbor's home site
that may reasonably be expected to cause significant damage to a home if it should
fall. In the event that there is a difference of opinion, a licensed and
insured tree surgeon of the residents choice can make the determination of "dead
or seriously sick" and which may reasonably be expected to cause "significant
damage" to a home should the (dead) tree or branch fall.
(b) The
Licensee, or his Agent, will remove the larger heavy branches and fallen trees
from each site upon request.
(c) In the
event of a major windstorm, hurricane, or tornado, each resident is responsible
for clearing the debris from his home site and stacking it on the edge of the
road. The Licensee, or his Agent, will make arrangements for removal of
the debris once it is stacked by the side of the road.
(d) The Licensee
is not responsible for any damage caused by "acts of god", such as
trees or branches falling on cars or homes. Because of liability and the
risk of additional damage created by removal efforts, the Licensee will not normally
remove a tree after it has fallen on a home, car, or storage shed. (Homeowner
policies normally cover these situations). The Licensee will, however,
make arrangements for a tree that has caused damage to be removed after it is
down or to the side of the roadway. In addition, the Licensee, or his Agent,
will trim or
remove any tree or tree branch that is sick or has been made sick or dangerous
by a major storm, and because of the sickness or damage the
tree or large branch is now likely to fall and cause damage to a home, car, or
storage shed. Each resident is required to notify the Licensee of any tree
that may be sick, or has been damaged, and is now dangerous and should be removed.
(e) Live
and healthy trees cannot be destroyed except with written permission from the
Licensee.
(f) Trees
and shrubs planted on each home site become the property of Sunny Waters.
16. WATER — Water
is expensive and precious - it must not be wasted.
(a) Because of the
cost of water (which also determines sewer costs); (i) the free running
of hoses and use of sprinklers are not permitted; (ii) the watering of
yards, gardens, and flowers must be done using a hand held nozzle that will turn
off when not being held; (iii) the use of soaker hoses is not permitted;
and (iv) each resident will notify the manager in the event of any unusual
or extended reduction in normal water pressure, leaks, and/or running or noisy
or malfunctioning toilets
(b) The Licensee
reserves the right to restrict water consumption during periods of drought, routine
maintenance and repairs, or in the event of a malfunctioning water system. The
Licensee, or his agents, may come upon home sites for the purpose of inspecting
and repairing water leaks in the underground water distribution
system.
(c) The Licensee,
or his agent, upon request, will perform minor inside plumbing repairs such as
the repair of dripping faucets and running toilets, at no charge. The intent
of this service is to reduce water consumption and to help control water and
sewer costs. Major repairs, repairs that require the replacement of a toilet,
or the replacement of a faucet assembly, are not provided by the Licensee.
(d) Occasionally,
the Licensee will provide a plumbing questionnaire to help ascertain where water
waste may be occurring. Each resident will
complete and return the questionnaire.
17. UTILITY
CONNECTIONS, SEWAGE SYSTEMS, & REPAIRS TO UNDERGROUND SYSTEMS — (a)
Each resident is responsible for the: (i) hook up, connection, test, winterization,
and maintenance of electrical, water, and sewer lines, and all connections from
and between the home to Sunny Waters utility receptacles; (ii) installation,
proper operation, routine test, maintenance, and repairs, and periodic replacement
of electric "heat tape" or "heat wire" for the prevention
of frozen pipes; (iii) damage and necessary repairs due to leaking oil
lines, leaking oil tank, kerosene (including buried tanks), and/or propane tanks; (iv)
damage to Sunny Waters utility systems and associated repair costs caused by
water leakage within a residents home or on the home site; (v) damage to
a sewage drain line caused by grease, oil, foreign items, "flushable cat
litter" (which is not flushable), sanitary napkins, paper towels, hydrocarbons,
and non-biodegradable items that enter Sunny Waters' sewer system from a home; (vi)
damage to the utility receptacles and Sunny Waters utility systems caused by
negligence or the malfunctioning of lines, heat tape, heat wire, plumbing, electrical
system(s) within the home; and (vii) damages caused by appliances in the home.
(b) The Licensee
is responsible for the: (a) installation, repair, operation, and maintenance
of Sunny Waters utility receptacles (Sunny Waters property) and the underground
utility systems; and (b) repairs necessary because of age
of the sewage system.
(c) In the event
of sewage, water, and/or electrical repairs to the underground utility system,
the Licensee will be responsible for the restoration of the site to approximately
its original condition after repairs.
(d) Each
resident will notify the Licensee if there is any water leakage in Sunny Waters'
water distribution system or in his home.
18. ACCESS & FOUR
SIDED INSPECTIONS — (a) The Licensee reserves the right to enter
upon a home site, after giving reasonable notice and waiting a reasonable period
of time, to: (i) perform a "four sided" inspection of each home
and home site to determine compliance with these Rules & Regulations; (ii)
dismantle and/or remove any non-compliant and/or improperly maintained or unsafe
structure, enclosure, canopy, awning, fence, rubbish, materials, junk
or unregistered vehicles, bottles, and/or debris; (iii) to enforce the
terms of the Sunny Waters Standard Lease and/or the provisions of Sunny Waters
Rules and Regulations, Entry Requirements, and Standards; and (iv) to comply
with a lawful governmental directive.
(b) In an
emergency, the Licensee or his designee can enter upon a home site to help prevent
imminent danger to the occupant or the home or the home site (advance notice
not required).
(c) Any costs
incurred by the Licensee to achieve compliance with Sunny Waters Standard Lease
and/or Sunny Waters Rules and Regulations, Entry Requirements, and Standards
become additional rent.
19. HEAT
WIRE, FROZEN PIPES, WATER TURN OFF AND TURN ON —
(a) The Licensee
will provide, at no charge: (i) water turn on and water turn off, on an
appointment basis, with a minimum of 24 hours advance notice, provided that the
resident is present while the water is being turned on or being turned off; and
(ii) Emergency water turn off (the resident grants permission for the water
to be turned off in the event of an exigent situation).
(b) All
external water lines must be protected with (i) both Underwriters Laboratory
(UL) approved heat wire and insulation prior to
1 October;
or alternatively, (ii) antifreeze (of the type that is recommended for
RV's and is safe for sewage systems) installed in all water lines. (Caution: Deteriorated
and improperly installed heat tape is the leading cause of home fires.)
(c) Each resident
agrees to not use running water as a means to prevent frozen pipes. (The
use of running water in lieu of proper heat tape or heat wire or antifreeze water
line protection is a major violation of these Rules and Regulations and Sunny
Waters Lease.)
(d) A
resident may have a licensed and insured plumbing contractor operate the below
ground valves provided the Licensee is provided prior
notification that a plumber will be operating the below ground valves.
(e) The Resident
is not permitted to use the below ground Sunny Waters water system valves at
anytime except in an emergency, after which the Licensee or his designee shall
be notified that the water was turned off or on.
(f) Each
home shall have a protective check valve to prevent water from draining from
the hot water heater in the event of loss of water pressure. (The
check valve is necessary to prevent the electric heating elements from being
damaged due to lack of water in the tank.)
(g) The
Licensee is not responsible for (i) damage to heating elements caused by water
system failures and normal or emergency water system
turnoffs; and (ii) damage caused by turning the water on or off in response
to a residents request.
20. SNOW
REMOVAL OF COMMON ACCESS ROADWAYS — The Licensee will normally
have the common access roadways cleared of snow whenever the average snow accumulations
equals or exceeds 3 inches normally within 12 hours after the snow stops falling. Each
resident shall promptly notify the Licensee by phone of any special, hazardous,
icy, or other unusual snow accumulation, road condition, or snow removal problems. Each
resident will notify The Licensee if sanding is necessary.
21. CHILDREN — (a)
Children are welcome at Sunny Waters. (b) Playing on the home site of your
neighbors without their permission is not permitted. (c) Bicycles and tricycles
are permitted. (d) Children must comply with all of the applicable Sunny
Waters Rules and Regulations and the applicable terms and conditions of Sunny
Waters Standard Lease. (e) Children are not permitted to ride their bicycles
on Sunny Waters roads. (f) Toys must be stored such that they cannot be
seen from the road. (g) Children under the age of 6 must always be accompanied
by a parent, guardian, or baby sitter at least 14 years of age. (h) No
child under the age of 18 shall be outside of the boundaries of their respective
home site after 11PM. (i) There must be a parent, guardian, or baby sitter
responsible for directly supervising children less than 12 years of age at all
times.
22. GUEST
PARKING, SPEED LIMITS, VEHICLES, AND RV'S —
(a) Vehicles are
to be parked only in the parking and drive areas of each home site and: (i)
Parking is not permitted on the common roadway to provide access for emergency
vehicles and snow plowing; (ii) No motor vehicles, motor homes, travel
trailers, and/or boat trailers in excess of 24 feet are permitted to be
kept on a home site, but must be parked in one of the guest parking areas if
space is available; (iii) RV's are not to be connected to site water, or
site sewer, and are not to be used as additional housing while on the home site.
(b) Unregistered
and/or uninsured motorcycles, autos, and trucks, and noisy, dangerous, junk,
inoperable, abandoned, rusty, disassembled, or severely damaged motor vehicles
are not permitted at Sunny Waters or to be stored on a Sunny Waters home site.
(c) To
assure access by emergency vehicles, the vehicles of Residents or of Residents
guests, visitors, or relatives are: (i) not to be parked on the
common roadway access that is shared by all residents, but are to park on the
home site drive areas (if space is available) or in the guest
parking areas (due south of concrete block wall).
(d) Oversized RV's
may use the guest parking areas for storage if space is available. However,
the Licensee reserves the right to charge a fee for the storage of RV's or other
vehicles. The Licensee also reserves the right to tow away, without notice,
any vehicle not in compliance with these parking requirements. The Licensee,
or his agent, reserves the right to issue parking stickers for residents and
their authorized quests.
(e) Vehicle
maximum speed limit is 5 miles per hour.
23. AUTO
REPAIR, MAINTENANCE, AND WASHING OF VEHICLES —
(a) To help maintain
the desired "quiet nature" and to protect and enhance the aesthetic
attractiveness of Sunny Waters, both: (i) automobile, truck, RV, and boat
maintenance and/or repair is not permitted; and (ii) oil changes and drainage
of antifreeze are not permitted.
(b) Car
washing is not permitted.
24. NOISE,
NUISANCE, FIREWORKS, FIREARMS, & DRUGS — (a) Loud
playing of (i) radio, TV, musical instruments, stereo, hi-fi, or other instruments
are not permitted; and (ii) Any noise disturbing sleep at any time
is not permitted.
(b) No
resident, relative, or guest of resident (i) will create any nuisance or annoyance
to other residents, or which interferes with the peaceable
possession and proper use of other home sites; and (ii) shall not be boisterous
or have loud parties, loud radios, or excessive noise
which results in the disturbance of other residents at any time.
(c) Each
Resident is (i) responsible for the conduct of his guests, visitors, relatives,
and children; and (ii) is subject to Norwich regulations regarding
noise and nuisance.
(d) The
(i) selling, possession, and/or using of illegal drugs is prohibited and is grounds
for eviction; (ii) driving of vehicles under the influence
of illegal drugs or alcohol is prohibited and is grounds for eviction; and (iii)
brandishing or use of firearms, fireworks, or any weapons
by any resident, visitor, or guest is prohibited and is grounds for eviction.
25. OIL TANKS,
GAS BOTTLES, & INSURANCE FOR FUEL DELIVERY VEHICLES —
(a) The resident
is responsible for any oil tank leakage and oil tank spillage, and any damage
caused by oil leakage or oil spillage. Oil tanks are not to be buried,
but are to be placed behind or at the rear of the home. Bottled gas containers
are to be kept nicely painted and are to be set up neatly and firmly fastened
behind or at the rear of the home. Wherever possible, oil tanks and gas
bottles shall not be visible from the roadway. Oil delivery company and
gas delivery companies must have a certificate of insurance, including protection
for environmental damage and cleanup, on file with the Licensee prior to making
any fuel delivery to your site. The Resident is responsible to ensure
that the Certificate of Insurance is on file with the Licensee or his agent.
(b) Each exterior
fuel oil tank and oil lines may be inspected by the Licensee or his agent during
any "4-sided inspection" and by the resident’s oil delivery or
heating system service company. (i) The resident will provide a
note from the oil furnace service company that indicates that there is no fuel
oil leakage and that the fuel oil tank and fuel lines are in good safe condition. (ii)
If there is any leakage, the repairs and
the cleanup will be performed immediately, with all costs paid for by the Resident. (iii)
If necessary, the Licensee will have the necessary site cleanup and repairs performed,
with the costs billed to the resident as additional rent. (iv) The resident
is solely responsible for any damage caused by oil contamination that occurs
on his site.
(c) The
resident has the responsibility for compliance with any state issued orders requiring
a protective oil leak/spill retaining berm be installed
under each oil tank.
26. PETS —
(a) Visiting dogs
and visiting cats are not permitted.
(b) Two
small dogs, or two small cats, or other domesticated household pets are
permitted provided that the pet(s): (i) have a collar; (ii) have
a total combined weight (both pets together) of less than 20 pounds when fully
grown; (iii) be indoors at all times except when on a leash being walked
or when being carried, (outside pens, runs, and dog houses are not permitted,
and outside chaining of a pet is not permitted); (iv) be licensed if required
by law; (v) have proof of inoculations on file with the Licensee; and (vi)
be registered with the Licensee upon lease inception or pet acquisition, whichever
happens later.
(c) There are
no pet weight constraints if the pet is a trained "guide animal" for
a disabled resident, and there is no pet weight constraint if the pet(s) is "doctor
ordered" for a bona fide written medical reason, and the pet is never left
alone.
(d) You
agree to: (i) "potty" your pet on your own home site; (ii)
have your pet on a 6' or shorter leash or carry your pet; (iii) not let
your pet use other home sites; (iv) not let your pet run free at any time,
including to go "potty"; and (v) carry and use a "pooper
scooper" to clean up after your pet.
(e) With
notice, the Licensee reserves the right to remove noisy or unruly pets causing
complaints or damage.
27. INSURANCE,
CONTRACTORS LIABILITY, & WORKMANS COMPENSATION INSURANCE — It
is agreed that the Licensee shall not be responsible to the resident for the
non-observance or violation of any rules and regulations, and/or local, county,
or state laws, by any other resident or tenant including relatives, guests, visitors,
and pets of other residents and tenants. Each resident shall have an adequate
policy of "Fire and Extended Coverage" insurance and reasonable general
public liability insurance, including coverage for fuel oil spillage, on his/her
home and home site. Each resident will be required to provide suitable
evidence of insurance to the Licensee upon request. Each resident is responsible
for assuring that any worker or contractor that comes upon his home site has
workers compensation and liability insurance.
28. COMMERCIAL ACTIVITIES — Homes
at Sunny Waters can only be used as a residence and for activities that do not
create any additional traffic, noise, fumes, vibration, visual characteristics,
waste, water or sewer consumption, abnormal electric requirements, antennas or
antenna towers, TV or radio interference, hazardous substances, or any other
trait or characteristic that would distinguish the home or the activity within
the home from any other home at Sunny Waters. Home businesses must be owned
and operated by the residents of the home. Acceptable home occupations
include:
(a) Traditional
Handicraft based businesses, provided that there are no on-site wholesale or
retail sales, no signs, and no banners (the marketing
and sale of the handicrafts must be performed off of Sunny Waters property.)
(b) Vehicle
based businesses provided that (i) the tools and inventory are fully contained
on the business vehicle, (ii) the vehicle is normally driven to the customer
site to produce the goods or services of the business; (iii) the vehicle
is of a 1 ton rating or less; (iv) the vehicle does not routinely tow a
trailer on Sunny Waters property; (v) the vehicle is parked on the home
site in the proper location on the home
site's parking area; (vi) there is no storage of tools or equipment on
the home site other than that which is stored on the vehicle; (vii) the
conduct of the business causes no extra traffic at Sunny Waters; (viii)
repairs and maintenance to the vehicle are performed off of the premises; (ix)
the vehicle is properly licensed, insured, and has all required pollution certificates;
and (x) there are no signs or banners on the home site identifying the business.
(c) Desk
based businesses provided that the principle contact with customers and clients
is via telecommunications or at the facilities of the customer
off of Sunny Waters property, and there are no signs and no banners identifying
the business.
(d) Additional
constraints are: (i) A home business at Sunny Waters is not permitted if
such a business requires frequent routine Parcel Post, UPS, or other truck delivery
services; (ii) Homes shall not be used for material storage, inventory
storage, equipment storage, on-home site equipment repairs, on site retail operations,
on-site direct sales, offices that will be visited by clients, or for similar
activities; (iii) Any illegal activity will not be permitted; (iv)
In the event of conflict with Norwich zoning regulations, the more stringent
regulation shall prevail; (iv) No employees, other than the residents of
the home site, shall be permitted; (v) Yard sales are not permitted (except
when the community sponsors a yard sale next to the island area in front of the
community); and (vi) Loading, handling, and movement of materials shall not cause
any noise that can be heard off of the home site.
29. RESIDENT COMMUNICATIONS PROCEDURE —
Step
(1): The Resident will complete a written note, or the Sunny Waters
Suggestion/Complaint form, and mail it to the Licensee.
Step (2) In addition to Step (1), the Resident will notify
the Licensee immediately by phone (860-446-8088) stating what the problem/issue
is and the desired resolution (if known);
Step (3): The Resident will provide reasonable access and time
as necessary for the Licensee or his agents to make the needed repairs or corrections;
Step
(4): In the event the correction/issue is not resolved in a timely manner,
the Resident will again notify the Licensee by both phone and certified
mail; and
Step
(5): Both the Resident and the Licensee agree that, if resolution is not
now achieved, that the Resident will submit the dispute to
mediation and
binding arbitration using the services of a recognized mediation/arbitration
service selected by the Resident and approved by the Licensee,
which will not be unreasonably withheld. It is agreed that any inspection
by a third party or government official will be performed
only after Step #4 and only in the Licensee's presence. It is also agreed
that the parties will accept any decision(s) of the mediator/arbitrator
as final and binding. Payment for mediation and arbitration services will
be by the loosing party unless recommended
or ordered otherwise by the mediator or arbitrator.
30. ORDER
OF PRECEDENCE — This set of Sunny Waters Rules and Regulations,
Entry Requirements, and Standards take precedence over any set of earlier Rules
and Regulations that may have been promulgated.
Click
here for a printable version.
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