BALLYMEADE

2008 Winter/Spring Newsletter

Feb 26, 2008

Note: The following was sent to all residents enclosed with the 2008 Annual Assessment Invoices following the community meeting on Feb 20, 2008. At that meeting the 2008 budget was approved by the residents in attendence, as was the $234 annual assessment.

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Ballymeade
BALLYMEADE MAINTENANCE CORPORATION
March 2008

A MESSAGE FROM THE BOARD OF DIRECTORS


Annual Assessment - Enclosed is the invoice for your annual assessment for the upcoming Ballymeade 2008-2009 budget year, along with a copy of the detailed budget as presented to the community and approved at the annual community meeting on February 20, 2008. The annual assessment will remain the same as last year, $234.00, due to budget cuts and several re-negotiated contracts that resulted in better pricing than expected.

Deed Restrictions ?– With spring just around the corner we thought now is a good time to re-issue the deed restriction summary (attached). Many residents said the summary made the restrictions easier to understand. Deed restrictions apply to many different aspects of how your home appears on the outside, and any changes you may wish to make outside. The original deed restriction document can be located on our website (www.ballymeade.org) or by calling BC Consulting.

We also wanted to remind everyone about the following:

?• Pay your annual assessment fee in a timely manner ?– The Ballymeade Maintenance Corporation (BMC) board 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.). Please pay your assessment in a timely manner as the community must pay all our bills from the fund that contains all of your assessments (see attached budget).

?• 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 $450 one-time Capital Improvement Assessment on the buyer, which was implemented in the spring of 2007. You should do this on the Sellers Disclosure Statement which each prospective buyer will receive.

?• 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 many times and have issued speeding tickets to violators. The county police have agreed to continue posting a police officer periodically along the long stretches of Ballymeade Drive, Shrewsbury Drive and elsewhere. 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

?• BC Consulting has moved ?– Please note BC Consulting?’s new contact info (also located on the Ballymeade website):

BC Consulting, Inc.
Elise Nelson
enelson@bcconsultin.org
Phone (302)234-7710
Fax (302)234-7718
Mail 4905 Mermaid Blvd., Suite B
Wilmington, DE 19808


?• Adhere to the 18 Deed Restrictions (and common courtesy!) ?–A well maintained home keeps the community looking fresh and will command strong property values for us all. When perspective buyers enter Ballymeade, they see a well-maintained neighborhood and a consistency about the homes that adds great appeal. They do not see bright purple or pink shutters, they do not see boats and trailers in driveways, they don?’t see statues or birdbaths scattered about on lawns. All of the above would hurt the curb appeal and value of YOUR home. This spring and summer, as you continue to maintain your home, please keep in mind that Ballymeade is a ?“Deed Restricted?” community and all homeowners are legally bound to these restrictions. If you are maintaining a deck or fence or shutters by re-applying the same color there is nothing you need to regarding approval from the Architectual Review Committee (ARC). But if you decide to change the color of your deck, add a storm door to your front entrance, add a fence, or change pretty much anything on the outside of your house, you must review the change with ARC. The purpose of the restrictions, and the ARC review, 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. More information about deed restrictions is found in summary form attached to this letter. The original deed restriction document that you received at when you purchased your home is on the website (www.ballymeade.org) or can be mailed to you by calling BC consulting (302-234-7710.

?• 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

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18 Deed Restrictions ?– 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.