Rules and Regulations

FAIRWAY MEWS COMMUNITY ASSOCIATION

2 Locust Way

Spring Lake Heights, NJ 07762

Updated 6/17/2021

All rules and regulations of the various committees of Fairway Mews Community Association are made a part hereof and incorporated by reference herein, including but not limited to: Golf, House, Tennis, and Pool Committees.

All applicable laws of the Borough of Spring Lake Heights, County of Monmouth, State of New Jersey, apply to the occupancy and use of units, common elements or common property of the Association by unit owner, tenants, and guests.

RULES AND REGULATIONS

  1. Fairway Mews Community Association is a not for profit corporation for the management and administration of the recreation and community facilities only. Except for those not for profit activities approved by the Board of Directors, no commercial activity by residents is permitted within the community and no resident may use the facilities for business or professional purposes.
  2. No owner of a unit shall post or permit to be posted on any part of the common elements or common property of the Association, advertisements or posters of any kind.
  3. Owners and occupants of units shall exercise extreme care to avoid making or permitting to be made loud or objectionable noises, and in using or playing or permitting to be used or played, musical instruments, radios, audio equipment, television sets, amplifiers and any other instrument or device in such manner as may disturb or tend to disturb owners, tenants or other occupants of units. Owners and occupants of units shall not use or permit to be used; their units, the common elements or common property of the Association, in any manner which would be unduly disturbing or a nuisance to other owners of units or occupants thereof, or in such manner as would be injurious to the reputation of Fairway Mews Community Association.

The following link provides more specific information: Spring Lake Heights Noise Ordinance

  1. Renovations and construction projects requiring the use of a dumpster, mini-dumpster, POD-type storage container, or bagster require Fairway Mews Community Association approval for placement and time-frame requirements. This can be done by obtaining a dumpster permit form from the Fairway Mews Office. The dumpster must be placed within the boundaries of the homeowner’s allotted driveway space. If the unit does not have a driveway, appropriate dumpster placement will be determined by the Fairway Mews Office.  Dumpsters may not be placed on adjacent driveways or in common areas. Dumpsters may not impede the natural flow of storm water, nor interfere with vehicular traffic or cause roadway obstructions.  All construction receptacles are only permitted on Fairway Mews property for ten (10) working days.  Any dumpster in Fairway Mews past the time limit will be in violation, and the owner of the unit will be subject to an immediate fine in the amount of $150 per day, as a continuing violation.The Fairway Mews Community Association Board of Directors and/or General Manager may grant an extension beyond the specified time limit due to extenuating circumstances (i.e.; association construction projects, fire damaged units, etc.).

Additionally, dumpsters larger than the 20-yard approved capacity are not permitted. Three-quarter-inch plywood must be placed under dumpster footings to prevent damage to curbing and parking areas.

  1. No rugs or other items shall be dusted, beaten or cleaned in any manner from windows, doorways, garages, common elements or common property of the Association. No garments, rugs, towels, blankets or other articles or items shall be hung from windows, facades, balconies, and garages or displayed in any way on common elements or common property of the Association, or in such manner as to be visible to the general public.
  2. Hot tubs, fire pits, outdoor space heaters, chimineas, tiki torches, and any and all apparatus emitting heat and/or open flames of any kind, shall be and hereby are prohibited. This rule does not pertain to grills. Any and all violations of this section shall be communicated to the Unit Owner and/or resident verbally by the Board of Directors, and/or their agent and/or designee, informing the Unit Owner and/or resident that the foregoing violation must cease and desist within two (2) hours upon receipt of said verbal notification.  In the event the Unit Owner and/or resident fails and/or refuses to cease and desist, and/or fails and/or refuses to remove said violative apparatus, then and in that event, the Board of Directors shall impose a fine in the amount of $150.00, as well as $150.00 per day, as a continuing violation, until such time as the offending and/or violative apparatus is removed from the subject unit.
  3. Window fans and window air conditioning units may not be installed unless required to provide ventilation while the central air conditioner is being repaired or replaced. If fan or AC unit is necessary, please notify FM Office prior to the installation. A maximum two-week allowance will be permitted.
  4. RVs, mobile homes, house trailers, camper trailers, pickup campers, detachable camper tops, truck cabs, boats, boat trailers or equipment trailers are not permitted in Fairway Mews. Contractor and landscaper vehicles with camper tops and/or equipment trailers are permitted while doing work within the community during regular business hours. Buses are allowed to pick up and drop off passengers. Tractor trailers and commercial delivery vehicles are allowed to pick up and drop off goods.

Privately owned vehicles shall not be stored on any street or in any parking area/space within Fairway Mews. A vehicle will be considered “stored” if it remains in the same space without being moved for two weeks. Upon complaint from another resident, the owner of the vehicle will be required to move the vehicle or face notice of violation. Parking is not permitted near fire exits or on any common grass areas. Parking must also be oriented with the direction of traffic. Any car parked within Fairway Mews must display a current inspection sticker and have current registration as well as proper insurance.

Commercial vehicles are allowed only during the performance of work or services within Fairway Mews, i.e., picking up and/or delivering passengers or merchandise or during an emergency. Commercial vehicles are not to be parked overnight in Fairway Mews. Vehicles bearing commercial plates are not necessarily prohibited from parking in Fairway Mews. For purposes of this rule a “commercial vehicle” is defined as having the following characteristics:

  1. Any vehicle with uncovered exterior logos, signs, letters, numbers, advertising, or irregular and distinct coloring which creates the appearance of a commercial vehicle, or
  2. Any unmarked vehicle with commercial paraphernalia or equipment attached, strapped, or affixed to the exterior of the vehicle, including, but not limited to storage containers, racks, ladders, pipes; or
  3. Any unmarked vehicle with an excessive amount of commercial equipment or supplies within the interior of the vehicle which is in obvious plain view from another parking space or from the sidewalk, including, but not limited to, pesticide, paint buckets, propane tanks, cabling, uncovered or unsecured tools or other supplies; or
  4. Any unmarked vehicle, which because of its irregular height, length, shape, or weight is not a conventional private passenger vehicle and is more suited for a commercial purpose.
  5. Police cars or other cars that are owned by or contain the logo of a State or County

service provider shall not be considered a commercial vehicle under this definition.

  1. All vehicular traffic in the Fairway Mews community must observe the traffic rules as posted,

i.e.; 15 MPH speed limit.

  1. No one under sixteen (16) is permitted to drive a golf cart. This includes the golf course area as well as the streets within the Community. We expect the cooperation of parents and grandparents in enforcing this rule.  Rental carts are for playing golf only.
  2. The golf course is for the play of golf only. No one is permitted on the course unless playing golf and all residents and guests are asked to teach children the possible dangers of going on the course. The golf course should not be used as a “short cut.” Children are not to use the golf course as a playground/ball field when visiting relatives.
  3. Any unit owner, their lessees, occupants or guests, who shall damage any entrance or exit gate shall be held responsible for the cost to repair the damage.
  4. No owner or occupant shall plant new or maintain any existing permanent trees, shrubs, bushes, or otherwise landscape any portion of the common elements, or common property of the Association, unless written permission is first obtained from the Board of Directors. No modification to landscaping or the exterior of the physical unit is permitted without a timely modification application and subsequent approval from both the Local and FMCA board.
  5. Bicycles, mopeds, and other motorized vehicles are restricted to street use only and are not permitted on the common elements or common property. They are to be parked in driveways or parking areas only and not on sidewalks, patios, or roadways of the community. They must be garaged overnight.
  6. Any delinquency in the payment of “Community Expenses” assessed against each unit owner, his, her or their heirs, administrators, successors and assigns, for a period exceeding sixty (60) days, shall cause the forfeiture of all Community Association facilities for that owner, his, her, or their heirs, administrators, successors, and assigns, and their tenants, occupants or guests.
  7. No fishing or ice skating is permitted on the ponds within the community.
  8. Open House viewings for Real Estate Agents and Brokers are restricted to Wednesday mornings only from 10 a.m. to 12 p.m.
  9. Garage sales are prohibited.
  10. No garbage, trash or debris shall be placed outside the premises of the individual owner’s unit prior to 6:00 p.m. of the evening before collection day. All garbage cans shall be kept in the unit owner’s garage. Garbage shall be placed only in DARK plastic bags for collection on Monday and Friday. Residents should always check the Borough of Spring Lake Heights calendar for scheduled pick up and other information. See the current garbage & recyclable schedule here: https://springlakehts.com/wp-content/uploads/2021/12/SLH-Boro-2022-Calendar.pdf
  11. Only one pet per unit is allowed. No pet other than a dog, a cat, a bird, or fish shall be permitted in any unit. Any pet must be leashed at all times and licensed. A pet must be under the supervision of a responsible person able to control the pet. A pet is not permitted to roam at large anywhere on Community Association property, i.e., on the golf course. Pet owners shall walk their pet in roadway only and shall pick up droppings in a suitable container for proper disposal. Under no circumstances should animal waste be disposed of down storm drains.
  12. The installation or use of portable/permanent gas generators is strictly prohibited within Fairway Mews Community Association, Inc. In the event the Board of Directors determines that a Unit Owner is utilizing and/or operating a portable/permanent gas generator, the Board of Directors, and/or its agent and/or designee, shall notify the Unit Owner accordingly, through verbal notification, and in the event the Unit Owner and/or resident fails and/or refuses to remove the portable/permanent gas generator within two (2) hours from the date of such notification, and/or fails and/or refuses to cease and desist from utilizing the portable/permanent gas generator,the Unit Owner shall be subject to an immediate fine in the amount of $150.00, plus an additional $150.00 per day, as a continuing violation, until such time as the Unit Owner and/or resident removes the portable gas generator.
  13. A membership fee on all titletransfers for units in Fairway will be charged. This applies whether the title is for a first-time owner in Fairway Mews or a resale or irrespective of whether the owner previously had been a member of the Association through ownership of an existing unit in the Fairway Mews Community Association complex.  It is the obligation of the current unit owner to notify the new owner of this fee.  There shall be no fee charged where the transfer of ownership is due to the death of a spouse or joint owner of the unit where the surviving spouse or joint owner shall become the sole surviving owner of the unit.
  14. Furniture, packages, or other items of any kind shall not be placed or permitted to remain in or on any walkways or roadways, or in any other portion of the common elements or common property of the Association. Placement and/or use of portable basketball hoops/skateboard ramps are prohibited within Fairway Mews.
  15. All Unit Owners have a two-year period to submit to the Fairway Mews Board of Directors, at the Fairway Mews Main Office an invoice acknowledged to have been paid in full, indicating that the dryer vent has been cleaned, by a New Jersey Licensed Contractor. The next cycle for this starts on March 1, 2021 and run until March 1, 2023. Residents shall further have their dryer vent cleaned, by a New Jersey licensed contractor, no less than every two years thereafter, at the Unit Owner’s sole cost/expense.
  16. If at any time the Fairway Mews Office is made aware of a property that has unsightly conditions that are affecting the aesthetics of the community, the General Manager will make a site inspection. Examples of unsightly conditions include: deteriorating awnings, overgrown garden beds, untended landscaping, excessive patio clutter, and damaged vehicles. These and other conditions deemed to be unsightly on the unit’s front, rear, side or in plain view will need to be remediated and/or addressed within the time frame specified in the violation segment of Rules & Regulations.
  17. Outdoor grills of any kind may not be used or stored on any balcony or deck, or used in any interior portion of any unit. Grills must be stored/operated on rear patio areas only at grade level and at the farthest point away from the unit rear wall, while remaining in/on the patio area. Anyone in the community operating a grill of any kind should have a fire extinguisher nearby for emergency situations.  Storage of propane tanks (not attached to your grill) are prohibited inside of any unit. Hot embers from charcoal grills must always be cooled (minimum 48 hours) before disposal.
  18. Contractors hired by residents to perform work (interior or exterior) within the Community shall only be permitted to perform work, Monday through Saturday from 8:00 A.M. to 6:00 P.M. No work shall be performed on Sundays, National Holidays (Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day & Christmas Day) or outside the hourly window as set forth herein.  Emergency repairs may be permitted, as necessary, provided same are approved by the Board of Directors, or their designee and/or agent. Any and all violations of this Rule and Regulation shall result in a fine assessed against the unit owner, as set forth in these Rules and Regulations.

 

 

ENFORCEMENT OF RULES AND REGULATIONS

A system of penalties has been established to ensure compliance with the Rules and Regulations of Fairway Mews Community Association.  The Board believes that the enforcement procedure will result in greater community awareness of reasonable conduct that all unit owners have the right to expect from each other.  If the violator is not a unit owner, the owner will be provided with copies of all correspondence pertaining to the violation and any ensuing penalties.   The unit owner is ultimately responsible for all fines and the removal of the violations.

Fines may be imposed for violation of any of the above rules. The F.M.C.A. General Manager approves the appropriate fines. A fine may not be imposed until the following procedures have been complied with.

  1. If a violation of the rules is alleged to the office; the office will notify the alleged violator in writing to cease and desist from the violation.  This notification will include (a) the nature of the alleged violation, (b) the action required to remove the violation and (c) notification of a grace period of (10) days with which the violation may be removed without penalty.  Should the violation continue beyond the grace period, the following fine(s) will be imposed by the Covenant Committee:

Step # 1 – If the violation is not remedied within the 10-day grace period.                  $50

Step # 2 – If the violation is not remedied within 2 weeks of receiving the initial fine. $100

Step # 3 – Every two weeks a $100 fine will be issued until the violation is rectified.

 

A second offense for the same prior violation will have no grace period and the fine process will start on Step # 2 immediately. 

  1. The violator may request a hearing within 5 days after imposition of the fine.  The violator may present his/her case to the Covenant Committee and the Committee will decide based on the available information regarding the alleged violation whether or not any fines should be lifted.