BALLYMEADE

Fall 2007 Newsletter

Oct 05, 2007

Ballymeade
BALLYMEADE MAINTENANCE CORPORATION
October 2007

A MESSAGE FROM THE BOARD OF DIRECTORS


As Ballymeade residents we are all fortunate to live in one of the finest communities in North Wilmington. Your Board of Directors has worked hard this year on many issues and problems that have arisen. The time spent on above has prompted us to prepare this newsletter for your information and for the benefit of the community at large.

?• Pay your annual assessment fee in a timely manner ?– The Ballymeade Maintenance Corporation (BMC) and our management company, BC Consulting work diligently together to keep the fee low and collect the assessment fees needed to meet the community?’s yearly expenses (landscape maintenance, storm water basin maintenance, dead tree removal, electric, taxes, etc.). If you are one of the few residents who has not yet paid the 2007 assessment (that were due by 4/1/07), legal action will be pursued against you. If you need to make payment arrangements, all you need do is contact BC Consulting (Elise Nelson, 302-731-7710).

?• When you sell your property, please ensure a smooth transition to the new homeowner ?– It is your legal obligation to disclose to the buyer information about our annual maintenance fee, deed restrictions, and the new $450 one-time Capital Improvement Assessment on the buyer, which took effect earlier this year.

?• No speeding ?– The posted speed limit of 25 mph on Ballymeade Dr. and 20 mph on Shrewsbury Dr. must be adhered to at all times. There have been numerous reports of vehicles far exceeding these posted limits, placing children in danger especially around the playground area. Please be aware that the county police have been alerted and have been on site several times in the past three months. They have agreed to continue posting a police officer periodically along the long stretches of Ballymeade Drive, Shrewsbury Drive and elsewhere. NOTE: Please help us in protecting our residents from speeders. At any time, please call the New Castle County police to report speeding and to request that they patrol the area. The number to call is: 302-395-2762 and ask for Sergeant Joseph Fitzgerald. This is the number of the NCC Police Community Services department. Let the speeders beware! You will be ticketed if caught. Stop endangering our children, pets and everyone with your speeding.

?• Rely on our website for current and useful information about the community ?– You can find all sorts of interesting information on our website, meeting minutes, community governing documents, an actual ?“blog?” (People Talk) and much more. Check it out at: www.ballymeade.org

?• Update on Landscaping and Storm Water Ponds ?– The budget for landscape improvements was earmarked this year for the clean up of our 5 large storm water basins to keep the annual assessment down. After cleaning up the basins to comply with the very strict New Castle County code several quotes were obtained for the continued strict maintenance. A well priced three year contract was signed in August. Even with the above expenses there is a small amount left in the Landscape Improvement budget for some tree planting this fall or early next spring. Dead trees can also be replaced ASAP now.

?• Adhere to the 18 Deed Restrictions (and common courtesy!) ?– As your home begins to age, maintenance will be necessary to roofs, window shudders, doors, etc. to keep the community looking fresh and commanding strong property values for all. As you maintain your home, keep in mind that Ballymeade is a ?“Deed Restricted?” community and all homeowners are legally bound to these restrictions. The purpose of the restrictions is not for the members of the review committee to be the judge of good taste, but to ensure consistent standards of the community?’s appearance and to protect property values, per the rules set forth clearly in the deed restriction document. Please be aware that ANY modification to the outside of your property (such as decks, fences, paint schemes, etc.) must first be approved by the Architectural Review Committee (ARC). We receive complaints of homeowners not adhering to the architectural deed restrictions as well as those involving dog barking, lack of dog cleanup, satellite dishes improperly placed, trash cans, and unkempt lawns/trees. One of the major reasons Ballymeade continues to increase property values and sustain itself as a very desirable community is because of the enforcement of the deed restrictions. When perspective buyers enter the development, they see a well-maintained neighborhood and a consistency about the homes that add great appeal to a perspective buyer. They do not see multi-colored shutters or siding, boats or trailers in driveways, statues or birdbaths scattered about on lawns, etc. all of which hurt everyone?’s curb appeal of their home. More information about deed restrictions, which every homeowner must be aware, is found attached to this letter, and the original deed restriction document you got at closing is on the website (www.ballymeade.org). And Thanks to everyone who has sent their ARC requests to BC Consulting, in advance of the work, for approval.

?• Report violations ?– As a Ballymeade resident and voting member of the Ballymeade Maintenance Corporation (BMC) YOU are the eyes and ears of the neighborhood. If you witness irresponsible or unlawful behavior, such as vandalism and deed restriction violations, please provide detailed information to BC Consulting or local law enforcement so that the situation can be properly addressed. Your anonymity will be fully protected to be sure. Please do not think that the board members are patrolling the neighborhoods looking for violations because they are not, they work full time and are unpaid volunteers ?– CALL BC when you see community related violations and please call New Castle County Police if it is a violation of the law.

?• Get involved! ?– The ongoing success of the Ballymeade Maintenance Corporation depends on volunteers to devote their knowledge and skills for the good of the community. If you would like to inquire about becoming a Board Member, or to serve on a committee, please contact BC Consulting, Elise Nelson, 302-731-7710.

Please take time to review the attached summary of the deed restrictions.

Sincerely,
Board of Directors
Ballymeade Maintenance Corporation




18 Deed Restrictions ?–
Their Purpose and Easy to Understand Summary

Purpose:
Enforcement of deed restrictions prevent cars being parked on front lawns, boats being stored in driveways, clothes lines, commercial vehicles in driveways, etc., etc. The Deed Restrictions are basic, comment sense rules to govern the aesthetic and quality of life aspects of our fine neighborhood, and a minor adjustment on your part will make sure the future at Ballymeade will be a pleasant as the 10 or so years that have passed.

Enforcement:
It is the responsibility of the Architectural Review Committee to enforce our Deed Restrictions. The committee, with the backing of the board, and assistance from lawyers if need be, will do what it can legally to see to it that all of the agreed to restrictions are adhered to. Keep in mind that when you closed on your Ballymeade home you signed a document agreeing to abide by the restrictions in place. It is your responsibility to take all of the restrictions seriously.

Additional Comments:
The Ballymeade community has been committed to create and preserve one of the finest communities in Northern Delaware. Owners who have been residents since the inception of the community have realized a tremendous appreciation in their property values. Much of this appreciation can be attributed to the work of all of the volunteer members of the Ballymeade Maintenance Corporation boards and the various committee members over the past 10 years. Our heartfelt thanks go out to all of them. Their commitment to maintain the quality of the neighborhood as originally planned and to let it evolve in a way that will cause the values of our homes to appreciate is exemplary.


Summary of Deed Restrictions:
Since everyone in the community benefits from adhering to the governing documents of the community, we ask that you review all of the governing documents of the Ballymeade Maintenance Corporations - the Declaration of Restrictions; Deed restrictions, Maintenance declarations and other binding documents posted on the web site (www.ballymeade.org).

For you easy reference below is a summary of the 18 Deed Restrictions you agreed to when you bought you home here:

Section 1 ?– Private Residences ?– private residential use only. Commercial use of property in Ballymeade is not allowed. The only building allowed on the property is the residence, no sheds, unattached garages, etc.

Section 2 ?– Trailers, Mobile Homes, Etc. - any type of temporary structure is not permitted.

Section 3 ?– Animals and Pets ?– only household pets, no breeding on the lot or in out buildings. Small structures for domestic animals such as dog houses, rabbit hutches, etc. can be erected with approval in accordance of Section 18 of the Deed Restrictions.

Section 4 ?– Vegetable Gardens ?– allowed only in back yards, not in front or side yards.

Section 5 ?– Television and Radio Antennas, Satellite Dishes and Exterior Mechanical Devices ?– none allowed. Christmas/winter holiday exterior lighting (considered to be exterior mechanical devices) are permitted but must be removed by Jan 15th. (Note: The Board of Directors has voted, upon the prompting of the Architectural Committee and newer FCC regulations to allow the newer smaller satellite dishes at the rear of homes only - in the past the satellite dishes were very large. The smaller dishes are still not permitted in the front or the sides of homes and should not be visible from the roadway in front of the home at all.)

Section 6 ?– Trash Receptacles ?– must kept in enclosed areas, this means, in your garage or under your deck or where ever it is out of site ?– completely out of site from any neighbor in any direction and out of sight from the street in front of your home. (Note: County code required that trash containers be placed at the curb no sooner than dusk the day before pick up is scheduled and should be removed out of sight the day same day as the scheduled pick up.)

Section 7 ?– Prohibited Vehicles ?– no trucks, buses, travel trailers, campers or similar types of vehicles are permitted on any street, lot or driveway. Pick up trucks and small vans are allowed within size limits ?– but no commercial signage please, based on Section 8 below.

Section 8 ?– Signs ?– No signs of any kind except real state ?“For Sale?” signs. This means no ?“For Rent?” signs; no signs advertising anything (except a contractor while the contractor is working on the project). Note: Homeowners and realtors can only place for a sale sign on the property being sold, not at the front entrance, community property, etc. - not any where except on the front lawn of the house for sale.

Section 9 ?– Fences ?– must be wood, never higher than 6 feet, other very specific restrictions, for town homes, cannot be on the side of end unit town homes past the rear wall, for single family homes, can only be on the side yards. Bottom lines, no fences at all in front of homes and all fencing must be approved by ARC in accordance with Section 18 of the Deed Restrictions. (No fences on right-of-ways obviously ?– see Section 17.)

Section 10 ?– Swimming Pools ?– No above ground swimming pools, except a child?’s wading pool not to exceed 2 feet in height.

Section 11 ?– Trees, Shrubs and Landscaping - Must remain as provided by the builder for 10 years.

Section 12 ?– Lawn Mowing ?– The owner of each lot is responsible for the grass and weeds and will ?“mow said lot at least once during each of the months from March through November of each year?”. (NCC codes also apply.)

Section 13 ?– Yards ?– no statues, sculptures, painted trees, birdbaths, ornaments or replicas of animals or other objects are allowed on any lot.

Section 14 ?– Trampolines ?– none allowed

Section 15 ?– Clothes Lines ?– permanent outside clothes lines are not allowed, temporary, portable clothes lines are allowed during daylight hours only.

Section 16 ?– Right of Way Laws ?– No structure or equipment, except standard mail boxes can be within the Dept. of Transportation right of way on any street.

Section 17 ?– Easements ?– No building or permanent structures are permitted in an easement and/or right-of-way. Easements and rights-of-way are reserved for utilities ?– poles, wires, drainage pipes, etc. and are reserved 10 feet from the front and rear property lines and 7 feet from the side property line. A 20 foot easement/right-of-way is reserved for water flow near sanitary and storm sewer pipes (10 feet each direction from the center).


Section 18 ?– Review of Plans ?– All changes to the outside of the resident?’s home are to be reviewed by the Architectural Review Committee (ARC). See Section 18 of the Declaration of Restrictions document (on www.ballymeade.org). This document describes in detail the request submission and approval process that must be followed prior to any changes outside the home.