UNIFORM COMMUNITY GUIDELINES
FOR
ALL POT-NETS COMMUNITIES OF TUNNELL COMPANIES, L. P.
POT-NETS LAKESIDE
POT-NETS CREEKSIDE
POT-NETS BAYSIDE
POT-NETS COVESIDE
POT-NETS DOCKSIDE
POT-NETS SEASIDE
"I like to see a man proud of the
place in which he lives; I like to
see a man live so that his place
will be proud of him.".....
Abraham Lincoln
Effective: March 15, 2011
INDEX
1. Standards of the Home
A. Acceptance
B. Heating Fuel
C. Architectural Compatibility
D. Aesthetic Compatibility
E. For Transfer or Resale
Page 1
Page 1
Page 1
Page 1
Page 2
Page 2
2. Location on the Homesite, Equipment and Paraphernalia
A. Location
B. Appendages and Equipment
C. Homes and Additions
Page 2
Page 2
Page 2
Page 3
3. Fuel Tanks
Page 3
4. Additions
A. Additions
B. Porches/Living Areas
C. Garages
D. Carports
E. Storage Rooms (Attached) and Sheds (Detached)
F. Ramadas
G. Decks and Patios
H. Steps
I. Gazebos
Page 4
Page 4
Page 4
Page 4
Page 5
Page 5
Page 5
Page 5
Page 6
Page 6
5. Air-Conditioning
Page 6
6. Window and Doors
Page 6
7. Construction Approval
Page 6
8. Federal, County and State Regulations
Page 7
9. Condition of the Home and Homesite
A. Appearance
B. Lawns
C. Firewood
D. Habitability
E. Homesite Numbers/Mailboxes
Page 7
Page 7
Page 7
Page 7
Page 7
Page 7
10. Trees
Page 8
11. Fences
Page 8
12. Conduct
Page 8
13. Noise
Page 9
14. Vandalism and Criminal Conduct
Page 9
15. Weapon Prohibition
Page 9
16. Occupancy
A. No renting or sub-leasing
B. Age Limitation
Page 9
Page 9
Page 9
17. Pets
Page 9
18. Boats
A. Storage
B. Rental of Boat Slips
C. Watercraft
D. Cleaning Fish
Page 10
Page 10
Page 10
Page 10
Page 10
19. Recreational Facilities
Page 10
20. Transportation within Communities
A. Operation of Motor Vehicles
B. Parking & Repairs
C. Speed Limit
Page 11
Page 11
Page 11
Page 11
21. Motor Vehicles
A. Golf Cars
B. Motorbikes
C. Motorcycles
D. Campers and Recreational Vehicles
Page 12
Page 12
Page 12
Page 12
Page 13
22. Household Waste
A. Trash/Recycling Collection
B. Trash
C. Recycling
D. Yard Waste
E. Bulk Items
F. Trash Containers/Structures
Page 13
Page 13
Page 13
Page 13
Page 13
Page 13
Page 13
23. Commercial Enterprises, Advertising, and Signage
A. Limitation on Commercial Enterprises
B. Advertising or Signage
Page 14
Page 14
Page 14
24. Utilities and Services
Page 14
25. County Property Tax
Page 14
26. Right of Entry
Page 14
27. Amendments to Community Guidelines
Page 15
28. Enforceability of Community Guidelines
Page 15
29. Complaints under Community Guidelines
Page 15
30. Communication between Management and Resident
A. Address
B. Digging on Homesite
C. Variations
Page 15
Page 15
Page 15
Page 15
31. Misrepresentation or Falsification of Ownership
Page 16
32. Penalty for Non-Payment of Rent
Page 16
33. Transfer of Home
A. Right to Sell or Bequeath
B. Death of Resident
C. Execution Sale, Foreclosure or other Judicial Action
D. Approval for Residency
Page 16
Page 16
Page 16
Page 16
Page 17
34. Sale of Home
Page 17
35. Removal of Home
Page 17 & 18
COMMUNITY GUIDELINES
These Guidelines constitute the rules and regulations of each Pot-Nets community of Tunnell
Companies, L.P. The words "community management", hereinafter used, will refer to Tunnell
Companies, L.P. The word "community", hereinafter used, will refer to each of the manufactured
housing communities identified on the cover page. The word "home owner", hereinafter used,
will refer to each "signed lessee" on the lease to the home site. The word "home", hereinafter used,
will refer to a Manufactured HUD Code Home or existing home in the community manufactured
prior to June 15, 1976, including any site-built additions (porches, decks, steps, patios, sheds,
storage rooms, garages, carports, ramadas, etc.).
The Uniform Community Guidelines are intended to make the communities a comfortable and
safe place for you, your family and your guests. Every reasonable effort will be made by
community management to ensure the enforcement of these Guidelines and the quiet enjoyment of
all homeowners. We thank you for your cooperation.
1.
STANDARDS OF THE HOME
A.
FOR ACCEPTANCE. No home will be accepted into the community unless it is,
in the sole opinion of community management:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
one (1) story
new Manufactured HUD Code home in good condition
attractive in design and color
48' or more in length and 14' or more in width if a single section
44' or more in length and 24' or more in width if a multi section
with a peaked, shingled roof with a minimum pitch 3/12 and
a maximum 5/12 pitch
with shutters on all windows
with rain gutters and down spouts and a fireplace chimney enclosure
architecturally compatible (see standards included in paragraph 1(C).
aesthetically compatible (see standards included in paragraph 1(D)
B.
HEATING - All new homes, whether for new or existing home owners, must be
heated by L.P. GAS or electric.
C.
ARCHITECTURAL COMPATIBILITY. In order to ensure architectural
compatibility, all homes shall include:
(1)
(2)
(3)
(4)
horizontal, house-type siding of vinyl, wood or enameled aluminum
foundation fascia of vinyl, wood or enameled aluminum
fireplace chimney pipes enclosed with material matching the home.
a peaked, shingled roof with a minimum pitch 3/12 - maximum 5/12
1.
2.
D.
AESTHETIC COMPATIBILITY. All homes shall have acceptable exterior colors
that are compatible with the surrounding homes, i.e., clay, beige, tan, gray, pewter,
cream, almond or white. Prior to occupancy of a home, its foundation shall be
enclosed by a solid fascia in such fashion as to conceal the area under the home
from view. The foundation fascia shall be properly ventilated and access panels of
sufficient size shall be included to provide access to the utility hook-ups. Fascia
materials and color shall complement the home exterior. The area under the home
is to be kept clean without any debris or combustible material present.
E.
FOR TRANSFER OR RESALE. No home may be sold or transferred within the
communities unless it is in total compliance with these Guidelines and at least 12' in
width by 44' in length. The home must be inspected by community management
prior to settlement. All homes and additions (including garages, storage facilities,
carports, decks, steps and porches) shall be, in the sole opinion of community
management, attractive in appearance. Metal sheds shall be removed before sale or
transfer and any other grandfathered items must be corrected or removed prior to
transfer or resale. Buried fuel oil tanks shall be properly removed or “abandoned in
place” before sale/transfer of home. Removal or abandonment in place of
underground fuel oil storage tanks must be by a State of Delaware certified tank
remover and a copy of the tank disposal letter, product disposal letter, soil sample
reports and State closure letter must be delivered to community management by the
home owner within thirty (30) days of removal or abandonment. Abandoned tanks
must be filled with slurry.
LOCATION ON THE HOMESITE, EQUIPMENT AND PARAPHERNALIA
A.
LOCATION. Homes shall be set on each home site as specified in the master plan
of the community in which it is located in accordance with these guidelines and in
accordance with community management approval. It must meet the specifications
of the manufacturer and Sussex County Planning and Zoning and FEMA. The
home shall be placed at a height that is compatible with the surrounding homes (24"
- 30"). The top of the finished floor should not exceed thirty-six inches above grade,
unless FEMA requirements dictate a higher elevation. Hitches shall be removed
from the home upon installation. Existing hitches will be allowed to remain until
sale or transfer, but shall be enclosed and the surrounding area attractively
landscaped. The home owner shall be responsible for any damage to community
property or the property of other home owners resulting from installation of the
home.
B.
APPENDAGES AND EQUIPMENT. The placement and use of gas cylinders, oil
tanks, trash cans and any other appendages, equipment or paraphernalia, whether
specifically named in this paragraph or not, shall be completely subject to these
2.
Guidelines. Home owners may not erect any radio/T.V. antenna (with the
exception of a “whip style” CB antenna), tents or swimming pools. Children’s
wading pools or pup tents are acceptable. Satellite dishes, preferably eighteen
inches or less in diameter but not more than 36", will be permitted, provided they
are installed in a location that provides the least public view. Only retractable or
umbrella type clotheslines will be permitted (in least public view). The exact
location of these items will be determined by community management.
C.
HOMES AND ADDITIONS. Homes and home placement require approval by
community management prior to delivery. Home additions, attached or detached,
need approval by community management before beginning construction. Any
unauthorized improvements or alterations will not be allowed to remain on the
home site. The home and any site built structure shall be in compliance with the
following set-back requirements:
(1)
From adjacent property lines:
Home and attached additions and detached garages...................... 10 ft.
Site-built structures (detached sheds).............................................. 5 ft.
From adjoining homes and/or structures......................................... 20 ft.
(2)
(3)
From any body of water................................................................. 10 ft.
(4)
From the road right-of-way:
POT-NETS BAYSIDE
POT-NETS SEASIDE
POT-NETS DOCKSIDE
POT-NETS BAYSIDE (HOMESITES E-1-699)............................. 12 ft.
POT-NETS CREEKSIDE
POT-NETS COVESIDE................................................................. 17 ft.
POT-NETS LAKESIDE
POT-NETS BAYSIDE (HOMESITES E-700 AND UP)................ 20 ft.
(5)
3.
In addition, see section 4 below.
FUEL TANKS
Fuel tanks shall not be installed underground or placed beneath the home. They shall be
above ground located at the rear of the home or behind any structure or addition attached to
the home. They shall be screened or shielded on all sides. Buried fuel oil tanks shall be
properly removed or “abandoned in place” before sale/transfer of home. Removal or
abandonment in place of underground fuel oil storage tanks must be by a State of
3.
Delaware certified tank remover and a copy of the tank disposal letter, product disposal
letter, soil sample reports and State closure letter must be delivered to community
management by the home owner within thirty (30) days of removal or abandonment.
Abandoned tanks must be filled with slurry.
4.
ADDITIONS
A.
ADDITIONS. All additions must be approved by community management prior to
construction. Illustrated construction plans with accurately designated elevations
and dimensions shall be submitted for community management’s approval. Any
unauthorized additions, improvements or alterations will not be allowed to remain
on the home site.
(1)
The exterior of any addition shall match the exterior of the home, including
siding, trim and roof shingles. If the home has metal siding, the addition
shall have vinyl siding or wood or enameled aluminum siding which is
architecturally and aesthetically compatible.
(2)
The roof elevation of any addition shall not exceed the roof elevation of the
home. Shed style roofs that exceed the width of the home are not permitted.
(3)
All construction shall be completed in a timely manner (not longer than six
months).
(4)
The addition can be no longer than the home and no wider than the home
with a 14' maximum width.
B.
PORCHES/LIVING AREAS. Home owners may erect a porch, either open or
enclosed, or living area, provided it is (1) along the primary side or front of the
home, (2) no longer or wider than the home with a 14' maximum width and (3)
offset at least three feet from the front of the home (for side porches/living areas) or
the minimum distance from the road right-of-way (for front porches/living areas).
All additions shall be properly maintained and the area under the addition shall be
enclosed by a fascia that matches the fascia of the home. Refer to community
management for design options.
C.
GARAGES. Garages, up to two car, may be attached or detached from the home.
Windows are permitted in garage walls but not in garage doors. All garages shall
have electric doors and garage windows with blinds, shades or curtains to shield the
interior and shutters on the exterior. The doors shall also be (1) of residential
design, (2) stained or painted a color which complements the home, and (3) kept
4.
closed when not in use. Two exterior lights shall be placed on the vehicle door wall.
Concrete floors and aprons are required. Driveways are required and must be of
material specified for the community. There can be only one shed or storage room
or garage on any site.
D.
CARPORTS. May be enclosed as set forth in paragraph 4(b) above. A screened
porch or enclosed porch may be constructed under the carport, if the storage room
is also under the roof of the carport at the rear. Only one shed, or one storage room
or one garage is allowed.
E.
STORAGE ROOMS (ATTACHED) AND SHEDS (DETACHED). Community
management must approve the style and location of sheds and storage rooms before
construction can begin. There are four design options for attached storage rooms
and two design options for detached sheds (refer to the community management).
There can be only one shed or storage room or garage on any homesite. Sheds and
storage rooms shall meet the following requirements:
(1)
If not attached, sheds shall be placed on the rear yard or secondary side yard.
They shall be placed within four feet of the home and no less than five feet
from any property line and meet all other set back requirements.
(2)
Sheds or storage rooms shall not be more than fourteen feet in length and
width and shall not exceed the height of the home. They shall have a
shingled A-roof and be in the same style, material and color as the home,
except if the home is metal the shed shall be of wood or vinyl.
(3)
The shed or storage room doors and windows shall be positioned to allow
the least public view. All windows shall have shutters. All doors must
remain closed when not in use.
(4)
Prior to sale or transfer of the home, sheds made of metal shall be
removed.
F.
RAMADAS. A ramada (a pitched roof over the home and any additions) will be
permitted for single-wide homes. One half of a pitched roof will not be permitted.
The pitch of the home roof may be extended to the peak of the ramada’s roof, but
may not exceed the elevation brought about by a pitch of 5" for every 12" of roof
with a minimum of 3/12.
G.
DECKS AND PATIOS. Decks shall be constructed at or below the floor level of
the home. They shall (1) be more than twelve inches above ground level, (2) be
5.
enclosed along the perimeter, and (3) include railings, 36" in height if the deck floor
is thirty inches above grade or 30" in height if deck floor is below thirty inches
above grade. Railings and exposed portions shall be stained, painted, or treated
regularly with a wood preservative (this does not include the floor-boards). Patios
less than one foot above grade level do not need railings. All decks and patios must
be enclosed below the floor.
5.
H.
STEPS. All exterior doors shall have steps and all steps shall fall within the five
foot set-back requirement for adjacent property lines. Stoops shall not exceed four
feet in width or seven feet in total length. Acceptable materials include cement or
treated wood; loose cement blocks or open metal framing with wooden treads are
not permitted. All steps shall be permanent, enclosed and painted, stained or
treated regularly with a wood preservative. All steps with three or more risers shall
have at least one railing. Roof overhangs shall not exceed twenty-four inches in
width.
I.
GAZEBOS. Must be approved by community management.
AIR-CONDITIONING
Central air-conditioning units shall be placed on sturdy concrete slabs or blocks.
The installation of window or wall air conditioning units will not be permitted. If
operable, existing grandfathered window units will be allowed to remain until the
sale or transfer of the home. Existing window and wall units shall be supported by
brackets attached to the home and shall not be propped up or supported from the
ground.
6.
WINDOWS AND DOORS
All windows and doors are to be maintained in good condition; broken panes and
torn screens are to be replaced immediately. Winterizing material shall be installed
on the inside of the windows or doors.
7.
CONSTRUCTION APPROVAL
Construction upon the home site or alterations to the exterior of the home may be
undertaken only upon written approval by community management prior to the
beginning of construction. Requests for construction approval shall be submitted
in writing and shall include illustrated construction plans with accurately
designated elevations and dimensions. The home owner is responsible for
obtaining any required building permits from Sussex County Planning and Zoning
and meeting all FEMA requirements. Any unauthorized improvements or
alterations will not be permitted to remain on the home site.
6.
8.
FEDERAL, COUNTY AND STATE REGULATIONS
Home owners agree to comply with all Federal, State and County laws, including
the rules and regulations issued by the Sussex County Planning and Zoning
Commission. These Guidelines are subject to Chapter 115 of the Zoning Code of
Sussex County, which provides in Article XXIV, Sec. 115-172, G (4) that “Any
trailer with its accessory buildings shall not occupy in the aggregate more than
thirty-five per cent (35%) of the gross area of the lot.” Homeowners are hereby put
on notice that said rules and regulations are in addition to, and not in lieu of, these
Guidelines.
9.
CONDITION OF THE HOME AND HOME SITE
A.
APPEARANCE. Each home and home site and storage space shall be, in the sole
opinion of community management, clean, neat and attractive in appearance.
Home and home site maintenance is the responsibility of the home owner. Areas or
portions of the home/ home site which can be directly viewed from the street,
common areas, or other home sites will constitute public view and shall be
adequately landscaped. Failure to maintain the physical condition or appearance of
the home or home site or storage space is just cause for termination of the lease.
Home includes porches, steps, decks, patios, sheds, storage rooms, garages,
carports, ramadas, etc.
B.
LAWNS shall be maintained to the edge of the road surface. If the home owner
fails to maintain his lawn, he will receive written notice from community
management to do so within a specified time. If home owner fails to comply with
the notice by the deadline, community management will maintain the lawn and bill
the home owner for services rendered. Leaves must be removed by Memorial Day.
C.
FIREWOOD is to be stored at the rear of the home in a neat and attractive manner
and out of public view. All leaves, branches, pine needles and yard debris shall be
collected, bagged or bundled and put out by the curb not more than two days prior
to the scheduled pick-up. Burning of leaves or other yard debris is strictly
prohibited.
D.
HABITABILITY. The home shall be habitable and kept in a safe and sanitary
condition. All homes are to be kept free of fire hazards and combustible materials.
E.
HOME SITE NUMBER/MAILBOXES. The 911 address number and the number
of the occupied home site shall be placed so that it is visible from the street. All
individual mailboxes shall be maintained by the home owner and kept neat and
attractive in appearance.
7.
10.
TREES
Trees and shrubs shall be trimmed or removed when overgrown or dead. The
responsibility and expense of trimming, pruning, cutting or removing trees and
limbs on and from any home site shall be that of the home owner if the tree is under
25 feet in height or has a main stem/trunk less than 6 inches in diameter. Home
owners need prior approval of community management before removing live trees.
All dead trees and shrubs shall be removed and disposed of properly. Bundled
branches and bagged leaves will be picked up if placed by the curb. Any damage
caused to any home or other property from falling limbs or trees from any home site
shall be without recourse to Tunnell Companies, L.P.
No trees, bushes, etc. will be planted on a waterfront home site within ten feet of the
bulkhead. Community management, at community management’s own expense,
may trim or remove trees, shrubs or limbs on the home owner’s home site which
present a safety risk in reference to vehicular traffic, street lighting or signage or
which would impede community management’s maintenance or construction.
11.
FENCES
Fencing on home sites shall be of wood split-rail type and may not exceed three feet
in height. Replacement and/or repair of the fencing is the responsibility of the
homeowner. In certain situations, home owners may erect small sections of
privacy fence up to sixty inches in height. In these cases, the location, length and
color of the fence shall be approved by community management
12.
CONDUCT
Home owners will be responsible for the conduct of and for any damages caused by
themselves, their children, their residents, their guests and/or pets. Any violation
of these Guidelines by the aforementioned has the same effect as a violation by the
home owner. The disregard of any order or directive of a Pot-Nets security patrol
officer will be considered a violation of these Guidelines and/or grounds for
termination of the lease agreement. Drunkenness, immoral conduct or any other
activity that initiates a complaint from other home owners will constitute a
violation of these Guidelines. Disorderly conduct that disrupts the right of others to
peaceful enjoyment of the communities, endangers others or causes substantial
damage to property is grounds for termination of the lease agreement. Community
management reserves the right to bar anyone from entering the community. Home
owners will not invite any person to their home who has been barred from the
community.
8.
13.
NOISE
Home owners will not interfere with the safe and peaceful enjoyment of other home
owners. No excessively loud parties will be allowed at any time.
Home owners will play their radios and TV at normal volume (which will be
determined at the sole discretion of community management) and control all noise
in consideration of their neighbors.
14.
VANDALISM AND CRIMINAL CONDUCT
Any lease may be terminated if the home owner, or any person in the household of
a home owner is found guilty of vandalizing the community, violating these
Guidelines, or violating any of the criminal laws of the State of Delaware or the
Federal Government.
15.
WEAPON PROHIBITION
No weapons of any kind may be carried, displayed or discharged in any of the
communities. This includes “BB” or pellet guns.
16.
17.
OCCUPANCY
A.
NO RENTING OR SUB-LEASING. No home owner may assign, rent, sub-lease
or otherwise turn over his or her home, leased home site or boat facility for the use
and enjoyment of third parties, including children, relatives or friends, either with
or without monetary compensation. The use of each home site, home, boat facility
or any other facility or amenity shall be limited to the personal use and enjoyment
of the home owner of the home site and of his children, relatives and friends when
the home owner is also present.
B.
AGE LIMITATION. No children under the age of eighteen will be permitted to
occupy a home unless the home owner is present.
PETS
Pets may not run loose; they shall remain inside the home unless they are being
exercised, at which time they shall be kept on a leash. When walking a pet, the
owner is responsible for picking up all defecation. No pets will be permitted to be
tied outside or kept outside in a dog house or pen at any time. Pets are not allowed
on the beaches or boardwalks. Home owners may not feed animals that are not
their pets except in the case of Registered Colony Care Givers for the feral cat
population under the Pot-Nets Communities Trap Neuter Release Program.
Community management reserves the right to prohibit exotic pets or wild animals
which may be dangerous to others in the community. Noisy, unruly, dangerous or
uncontrollable pets will not be allowed to remain in the community; pets will
9.
only be allowed if they do not cause a nuisance to other home owners. Failure to
comply with these Guidelines may result in removal of the animal from the
community. Pets running loose may be caught by community management and
turned over to the appropriate authorities.
18.
19.
BOATS
A.
STORAGE. One boat and/or two personal watercraft (jet skis) may be stored or
parked on the home owner’s home site (in the area which provides least public
view). Watercraft must be currently registered. Boats and jet skis must not block
the view of vehicular traffic or block access to utilities.
B.
RENTAL OF BOAT SLIPS. Boat slips are rented on an annual basis (January 1
thru December 31) and are not prorated. Any boat docked in a slip must be
registered with Pot-Nets Communities and display the registration sticker as
directed or it shall be towed. If a home owner puts a boat in an unrented slip
without community management’s authorization the home owner will be billed and
shall pay the annual rental for that slip or the boat will be towed at the owners
expense. In the case of an emergency or if a guest visits a home owner by boat,
community management will be cooperative in providing a temporary/emergency
slip if given adequate notice in advance.
C.
WATERCRAFT. All watercraft (including boats and jet skis) will be operated
according to the rules and regulations of the Department of Natural Resources,
State of Delaware. No person shall operate watercraft at any speed greater than
slow no wake speed while in a Pot-Nets Communities lagoon or marina. No person
shall operate watercraft in any restricted areas (river and bay beachfront) at any
speed greater than slow no wake speed unless it is over 100 feet from all docks,
piers and boat launching areas or 300 feet from all people in the water. Any
violations should be reported to the Division of Fish and Wildlife Enforcement
Section (Marine Police).
D.
CLEANING FISH. No permanent fish cleaning facilities or structures can be
placed or located on or near boat slips, lagoons or community waterways. Cleaning
of fish is permitted only at the home owner’s home site. Fish heads and other scraps
from cleaning fish shall be sealed in plastic bags and disposed of with the
household trash; they shall not be thrown in the lagoons or other waterways or in
community trash containers.
RECREATIONAL FACILITIES
The use of all recreational facilities and amenities within Pot-Nets Communities is
limited to home owners and their guests. All guests shall be accompanied by a
10.
home owner when using community facilities. It is the responsibility of the home
owner to pay all applicable fees and to ensure that their guests observe all
applicable rules and regulations. Home owners must supervise children using
community facilities such as playgrounds, pools and waterfront areas. Use of all
facilities by home owners and their guests are at their own risk.
Bathing, swimming or ice skating in lagoons, lakes or ponds is not permitted. Golf
cars, bicycles, roller blades, skateboards, scooters and pets are not allowed on
beaches or boardwalks. Late payments of rent or other financial obligations may
lead to cancellation of pool privileges.
20.
TRANSPORTATION WITHIN COMMUNITIES
A.
OPERATION OF MOTOR VEHICLES. All home owners and their guests are
subject to Delaware traffic laws. Any person operating a motor vehicle within any
community shall have a State driver’s license. Any vehicle which is not properly
licensed, or in the condition required under the laws of the Division of Motor
Vehicles of the State of Delaware, cannot be operated within any community.
Vehicles with inadequate or malfunctioning muffler systems will not be permitted
in the community.
All modes of transportation are restricted to roadways or golf car pathways. Home
owners and their guests will not park or operate motor vehicles (including golf cars)
on the beaches, walkways, or turf and landscaped areas of any community. In
prioritized order: pedestrians, push scooters, bicycles, electric scooters and
motorbikes, and then golf cars have the right-of-way on pathways.
B.
PARKING & REPAIRS. Cars and other vehicles including trailers shall be parked
only in designated parking areas, not on the street, lawns or unoccupied home sites.
If not being used or if not currently licensed and operable, vehicles shall be removed
from the community. No major repairs or overhauling of cars is permitted in any
community. No outside storage or parking of buses, truck tractors or truck trailers or
oversize commercial vehicles (i.e. box trucks, tow trucks, etc.) or
construction equipment will be permitted on home owner’s home site.
As permitted by law, community management reserves the right to remove vehicles
parked in violation of these Guidelines and further reserves the right to remove
inoperable vehicles without current license plates. All expenses incurred shall be
paid by the homeowner.
C.
SPEED LIMIT. The speed limit is twenty-one (21) miles per hour as posted when
driving in and around any community. All traffic signs shall be obeyed and horns
shall not be blown unnecessarily.
11.
21.
MOTOR VEHICLES
Home owners are required to affix an identification sticker/tag as directed on any resident
vehicle to be used in the communities. These may be obtained at the Sales & Information
Center.
A.
GOLF CARS. Must be registered with Pot-Nets Communities and home owners
must permanently mount assigned tags on the front and rear of the golf car. Golf
cars with gasoline engines are not permitted unless they were tagged by Pot-Nets
Communities prior to 4/15/89 and are quiet in operation. Gas golf car tags are not
transferable. Golf cars may be operated between 6:00 A.M. and midnight and may
be operated after dusk only if they have adequate working headlights permanently
mounted on the golf cars. Drivers of golf cars shall be fourteen years of age or older,
unless accompanied by an adult, and must have a photo ID*. No one under the age
of sixteen shall be allowed to operate a golf car after dusk. There may not be more
than four people in the golf car at one time and all passengers must be seated when
the vehicle is in operation. Golf cars are to be operated in a safe and attentive
manner and should be restricted to golf car pathways, when possible. Any violation
of the above will cause Security to take corrective action. The first two minor
violations will elicit written warnings, with the third leading to the cancellation of
golf car privileges. Wantonly irresponsible or reckless behavior involving golf cars
may result in the immediate cancellation of golf car privileges. * Photo ID’s for
operators between the age of fourteen and sixteen may be obtained free of charge at
the office.
B.
MOTORBIKES. The operation of motorbikes, motor scooters, minibikes, trail
bikes, off-road vehicles, all-terrain vehicles and other vehicles of this nature is not
allowed in the communities. Such vehicles may only be stored out of public view at
the home owner’s home site. Home owners may operate a motorbike in Pot-Nets
Bayside between 9 a.m. and 7 p.m. if it (1) was tagged by Tunnell Companies, L.P.
prior to 4/15/89, (2) is equipped with permanent operable lights and (3) is quiet in
operation. Motorbike tags are not transferable. Push scooters and small motorbikes,
if motorized, must be electric, used only during daylight hours and the rider/operator
shall be fourteen years of age or older, unless accompanied by an adult, and must
have a photo ID*.
C.
MOTORCYCLES. The home owner must be the registered owner and operator of
the motorcycle. The motorcycle must be titled, registered and tagged with a state as
well as registered with Pot-Nets Communities and the Pot-Nets identification sticker
must be prominently and properly displayed. Home owners can travel to and from
their residence only by the most direct route. Home owners may not ride around the
community and cannot do repairs or tune-ups at the home site. Guests with
motorcycles must leave them at the security office. Motorcycles must be quiet in
operation.
12.
D.
22.
CAMPERS AND RECREATIONAL VEHICLES. No campers, motor homes,
travel trailers or recreational vehicles will be allowed in the communities. Guests
arriving in these vehicles may park temporarily in the area behind the Security
Office in Pot-Nets Bayside if community management is given twenty-four hours’
notice. Home owners’ campers, motor homes, travel trailers, or recreational vehicles
may be parked at the home site for 48 hours in preparation for a trip and on return as
long as community management is notified.
HOUSEHOLD WASTE
A.
TRASH/RECYCLING COLLECTION. Community management agrees to enter
into a single contract with a competent waste collector to service the communities,
as provided in Sec.7006 (b) (l3) (b) of the “Manufactured Home Owners and
Community Owners Act”. It is agreed that a single contract with community
management, instead of individual contracts with each home owner will reduce the
number of service vehicles in the communities and also reduce the danger for
pedestrian traffic. Community management will charge the home owner his
proportionate share of the total waste collection fee along with the annual rental fee.
B.
TRASH. All household trash shall be bagged and placed in the residential trash cart.
Carts are to be placed at the curb not more than two days prior to scheduled pick-up.
All household waste shall be disposed of in accordance with the regulations of the
Delaware Solid Waste Authority. Community trash or recycling containers are not
to be used for the disposal of household trash or bulk items.
C.
RECYCLING. All recyclables shall be bagged and placed in the single stream
recycling cart provided by waste collector. Carts are to be placed at the curb not
more than two days prior to scheduled pick-up.
D.
YARD WASTE. Yard waste, including leaves, grass clippings, plant prunings,
brush, and Christmas trees, cannot be disposed of in home owner’s residential trash
cart. Yard waste must be bagged or bundled, not exceeding 50 pounds and 4 feet in
length.
E.
BULK ITEMS. Bulk items (including furniture, appliances, oversized items, etc.)
will be governed by the “Bulk Items Procedures and Rates” issued by the waste
collector serving the communities. Home owners should call (302) 945-3500 for
pricing and to schedule a bulk pick-up for the second or fourth Thursday of each
month. Bulk items shall be bundled and placed in front of the home owner’s home
site not more than three days prior to scheduled pick-up.
F.
TRASH CONTAINERS/STRUCTURES. All trash/recycling containers shall be
stored out of public view. Container structures will not be permitted along the street
or curb side of a home site.
13.
23.
COMMERCIAL ENTERPRISES, ADVERTISING, AND SIGNAGE
A.
LIMITATION ON COMMERCIAL ENTERPRISES. Commercial enterprises
conducted from the home require the written consent of community management.
No solicitation will be permitted in the communities without written consent of
community management.
B.
24.
ADVERTISING OR SIGNAGE. No advertising or signage (including notices,
posters, banners or announcements) will be allowed on any home, home site or
community building without consent of community management. A single “For
Sale” sign may be put inside a window after written notice of intention to sell has
been given to community management (see Section 30, TRANSFER OF HOME).
UTILITIES AND SERVICES
Utility connections to the home (electricity, gas, water, sewer, telephone, cable TV, etc.) are
the sole responsibility of the home owner. Home owners must comply with the electric
service provider’s electrical hook-up instructions and the Long Neck Water Company’s
water hook-up instructions. Home owner shall be responsible for any malfunction between
the point of connection and the home. The point of connection for the electric is the meter
box. The point of connection for the water is the water meter pit. Any outage of electricity
shall be taken care of by the home owner through his electrician and/or the electric service
provider. Twenty-four hour notification is required for Long Neck Water Company to
activate or deactivate the home water supply. Home owner is required to contact Long
Neck Water Company between 8:30 and 4:30, Monday through Friday (calls will be
accepted for emergencies at any time). All homes should have a separate shut-off valve
under the home which should be closed by the home owner before the water company valve
is opened or closed. Home owners shall have freedom of choice in the purchase of services
such as oil or gas. For household waste collection, see paragraph 22 (A) (B) (C) (D) (E) (F).
25.
COUNTY PROPERTY TAX
The home owner must pay County property taxes to the County as billed upon the home and
improvements thereto.
26.
RIGHT OF ENTRY
Community management shall have the right to enter the home site to inspect, repair or
make alterations or additions to the premises or the utilities situated on the leased home site,
or for the purpose of protecting the community. Community management may enter the
home site at all reasonable times consistent with the provisions of 25 Del. C. Section 5509,
5510 as applicable, but not in such a manner or at such time as to interfere unreasonably
14.
with the home owner’s quiet enjoyment. Community management shall have no right to
enter a home, unless the home owner’s prior written consent has been obtained or, if such
written consent is not obtained, to prevent imminent danger to the occupant(s) of the home,
to other residents of the community or to community property.
27.
AMENDMENTS TO COMMUNITY GUIDELINES
Community management reserves the right, from time to time, to amend or supplement
these Guidelines and to adopt and promulgate additional Guidelines applicable to the leased
premises. Home owner agrees to comply with all amended Guidelines upon proper
notification from community management, consistent with the requirements of 25 Del. C.
Section 7019(c).
28.
ENFORCEABILITY OF COMMUNITY GUIDELINES
Any failure of community management to enforce one or more of these Guidelines shall not
constitute a waiver of any of the Guidelines, either in whole or in part. The judgment of the
community management shall be final. If a violation notice is issued by community
management, the home owner is responsible for correcting the violation(s) within the
specified time. Failure or refusal to correct the violation, or repeated violations of these
Guidelines, may lead to termination of the lease. Federal, State and County laws, rules and
regulations must be complied with by the home owner. Such laws, rules and regulations
may be more restrictive than these Guidelines.
29.
COMPLAINTS UNDER COMMUNITY GUIDELINES
Any home owner who has a complaint about another home owner violating these
Guidelines shall submit his or her complaint in writing to community management. Said
complaint shall be signed and dated by the complaining party. All complaints will be kept
confidential and a violation notice of these Guidelines may be issued to the offending party.
30.
COMMUNICATION BETWEEN MANAGEMENT AND RESIDENT
A.
ADDRESS. Home owner will advise community management in writing within
thirty days of any change in the home owner’s address. Home owner should furnish
community management with the name, address and telephone number of a contact
person to be notified in the event of an emergency.
B.
DIGGING ON HOMESITE. Because of extensive underground facilities, the
location of any digging on any home site shall be communicated to Miss Utility
(800-282-8555) by the home owner and any digging in excess of 12 inches deep
shall be communicated to community management for approval.
C.
VARIATIONS. Any variations from these Guidelines shall be communicated to
community management for approval.
15.
31.
MISREPRESENTATION OR FALSIFICATION OF OWNERSHIP
Misrepresentation or falsification by a home owner as to the ownership of any home on a
home site and/or boat in a rented boat slip or private dock shall constitute grounds for
termination of the lease held by the home owner. This shall apply if the lease is in the
fabricator’s name alone or in his name and “others”, even though the “others” may be
innocent parties to the deception.
32.
PENALTY FOR NON-PAYMENT OF RENT
Rents shall be paid by cash, personal check, cashier’s check, or money order. If a check is
returned because of insufficient funds, the home owner will be charged a returned check fee.
A 5% penalty fee (or the then maximum penalty fee under Delaware Law) will be charged
for failure to pay the total home site rental and other charges or fees due from the home
owner to Tunnell Companies, L.P. within five (5) days after the past due date.
Any other charges and fees payable to community management and relating to the home or
home site shall be deemed to be rent and will be collectible as rent. Failure to pay or
repeated late payments of rent shall constitute legal grounds for termination of the lease.
33.
TRANSFER OF HOME
The right to occupy a home on a leased home site is not unconditionally transferrable with
the sale or transfer of title to the home. No home may be transferred unless it is in total
compliance with these Guidelines.
A.
RIGHT TO SELL OR BEQUEATH. Home owner shall have the right to sell or
bequeath his home to a third party and assign or devise his interest in the lease to
said third party, if the third party and the home are approved by community
management and the landlord’s right to purchase has been waived or expired. The
third-party purchaser may choose either to transfer the existing lease (if dated after
1972) for the remainder of the term or may execute a new lease.
B.
DEATH OF RESIDENT. In case of the death of the home owner(s), the lease (if
dated after 1972) may be transferred to the new owners of the home if the new
owners and the home are approved by community management.
C.
EXECUTION SALE, FORECLOSURE OR OTHER JUDICIAL ACTION. As the
result of an auction sale, execution sale, foreclosure or other judicial action, the new
owner of the home shall have no rights as a home owner until and unless community
management and the new owner enter into a lease in the general form which is then
being offered by community management to members of the general public.
16.
D.
APPROVAL FOR RESIDENCY. Before leasing a home site, prospective home
owners must apply for and be approved for residency.
Anyone occupying a home without having obtained community management
approval will be deemed to be a trespasser and may be evicted from the community.
Community management reserves the right to reject any applicant based on false or
misleading statements.
34.
SALE OF HOME
If home owner decides to sell his home, he shall register his intentions with
community management at least three weeks prior to settlement. Also, the name,
address and telephone number of any potential buyers must be received at least three
weeks prior to settlement. Home owner may formally list his home for sale with an
outside agency, or list the home for sale “by owner”. The home owner may sell his
home personally or through an outside agency only after notifying community
management in writing. Every home listed for sale via outside agency or owner will
be inspected by community management for compliance with these Guidelines.
Violations shall be corrected before the home is sold or transferred.
35.
REMOVAL OF HOME
In all situations, home owners shall give community management at least thirty days
written notification before removing the home from the home site. The removal of a
home prior to the expiration of the lease does not release the home owner from any
responsibilities, obligations or liabilities contained in the lease. All rents and all
applicable charges due to Tunnell Companies, L.P. shall be paid in full prior to the
removal of the home. Failure to provide adequate written notice will result in home
owner’s continuing liability for payment of rent for a thirty day period commencing
with the day community management actually receives written notice of home
owner’s intention to vacate.
The home owner’s home site shall be left in a clean and neat condition. Any
improvements or installations placed on the home site including, but not limited to
decks, sheds, porches, tie-downs, anchoring systems, awnings, carports, etc., shall
be removed from the community. These items do not become fixtures or property of
the community. Only concrete slabs, trees or shrubs may remain on the home site
following the removal of a home.
17.
Any expenses incurred by community management in repairing or restoring the
home site to its original condition will be charged to the home owner. The home
owner shall be solely responsible for any damages to property belonging to the
community or other residents resulting from the removal of the home from the
community. Tunnell Companies, L.P. assumes no responsibility in the event that a
retailer, financial institution or other secured party removes the home owner’s home
from the community.
18.