A 55+ COMMUNITY LOCATED IN MAHWAH, NJ

Policies & Restrictions

  • Policies & Restrictions

Policies:

“Policies and regulations” are enacted by the Board of Trustees on behalf of the Association to promote the safety and harmony of residents. They may be changed from time to time to adapt to new conditions and needs.

Master Deed Restrictions:

“Restrictions” are those conditions imposed on the use of the units and the land by the Master Deed when the condominiums were created in 1985. What could be done and what could not be done in the units and on the land were originally established by the Township of Mahwah after public hearings and final approval by its Planning Board. Its findings and rulings were memorialized in the Master Deed.

To amend those Master Deed restrictions would require the Township of Mahwah approval after lawful applications and public hearings, and the consent of 67% of the unit owners and that of 51% of all mortgage and lien holders. The Board of Trustees is charged “to enforce compliance with the Master Deed” (By-Laws, Article III, Section 9, Paragraph 1 (l)), but does not have the inherent authority to change any restrictions or to suspend them

ADR:

Enforcement proceeds in accordance with the By-Laws (Article VIII, Sections 1 and 2, as amended), including the imposition of fines for non-compliance. Alternative Dispute Resolution (ADR) procedures are in place to seek mediated resolutions of disputes.

Policies and Rules

It is among the duties of the Board of Trustees under the By-Laws, Article III, Section 9, Paragraph I (l), to enforce “compliance with the Master Deed and to make and enforce compliance with such Rules and Regulations relative to the use and occupancy of the units, the operation and use of the common elements and facilities, and to amend the same from time to time as it deems reasonable and necessary. Such Rules and Regulations shall be binding on all owners, occupants, lessees, members, residents, and guests, and which may include, although not limited to, the suspension of the privilege of members and the right to the enjoyment of the common elements and facilities by the owners, members, guests, residents, occupants and lessees.”

  1. Members “In Good Standing"

    (Adopted June 9, 2014)
    1. A member of the Association shall be deemed in “good standing” if all common and maintenance charges, all fines, all assessments for repairs and improvements, and all other monetary obligations which attach to a member’s unit have been paid in full and are current as may be required under the Master Deed, Sections 7 and 8.
    2. A member of the Association shall be deemed in “good Standing” if the member/owner, or the member/owner’s lawful tenants or any other lawful residents or guests of the member/owner’s unit is/are in compliance (Master Deed, Section 15) with State and federal laws, with all provisions and restrictions of the Master Deed, the Articles of Incorporation, the By-Laws, and any other governing documents AND with the Rules and Regulations adopted by the Association.
    3. Failure to meet the requirements of the state of “good standing” by members/owners and/or their occupants, lessees, residents, and guests shall result in the suspension of the privileges of said members/owners and of any rights to the enjoyment of the common elements and facilities by such members/owners and/or their lessees, residents, occupants, and guests (By-Laws, Article III, Section 9, Paragraph I (l)).

  2. Dryer Duct Cleaning Requirement

    (Adopted March 9, 2015)
    1. All unit owners shall have professionally maintained and/or have cleaned the dryer exhaust ducts and vents associated with their dryer appliances at least once every two years and shall provide proof of such maintenance to the Managing Agent, or other such designee. An inspection report and proof of inspection is required by June 15, 2015, and every two years thereafter. If inspected and cleaned, the inspection report should state “inspected and cleaned.” If the dryer exhaust duct passes inspection and does not require maintenance and cleaning, then the inspection report should state clearly, “inspected: cleaning is not necessary.”
    2. Owners shall be thus required to complete the inspection process and any necessary maintenance service by June 15th of each and every of the following years and every two years thereafter:
      2016, 2018, 2020, 2022, 2024, 2026, etc. 
    3. A failure to comply with these enacted rules according to the conditions set forth herein shall constitute a violation warranting an initial fine in the amount of $100.00, and by such further fines as warranted upon subsequent and continued non-compliance.

  3. Protocols of the Meetings of the Board of Trustees

    (Adopted June 9, 2014) (Consistent with N.J.S.A. 10:4-6 et seq.)
    1. The meeting shall be called to order by the Board President.
    2. The Board President shall conduct the business meeting consistent with the prepared agenda and discussion items, and shall direct discussion among the Board members as it may proceed or be relevant.
    3. When the Board has completed the business meeting, it may open the remainder of the meeting to the membership in attendance for questions or comments.
    4. Only members in “good standing” may respectfully address the Board with specific issues and questions. Inflammatory, abusive, or combative comments will not be allowed. Each member shall be given three (3) minutes to present a question or comment.
    5. In accordance with New Jersey’s “sunshine law,” the Board need not debate any issues presented or make disclosures about contract negotiations, personnel issues, or any other matter requiring privacy, but may take comments under advisement.
    6. Should any member or other person in attendance become unruly, threatening, or abusive, he/she will be asked to leave, or the meeting recessed until such time as the attendee can be removed, or the meeting will be adjourned.

  4. Insurance Requirement for Unit Owners

    (Adopted August 22, 2016, by Board of Trustees Resolution)
    1. It is required that each unit owner must obtain and maintain casualty and liability insurance coverage for its unit, at the owner’s own cost and expense, in the form insuring for casualty loss of any portion of the confines of the dwelling and any appurtenance of it for which the owner is responsible under the governing documents, and for any liability associated with such dwelling.
    2. Proof of insurance must be submitted annually to the office of the property management company, which shall maintain a record of compliance with the requirement.
    3. Failure to maintain such insurance coverage shall result in such sanctions as may be allowed under the Master Deed, the By-Laws, and other governing documents. (Resolution, August 22, 2016, POS/Master Deed, p.25, July 11, 1985)

  5. Prohibition of "Open Flame" Cooking/Barbecue Devices

    (Adopted August 22, 2016 by Board of Trustees Resolution)
    1. The use and storage of all LP-gas barbecue grills, outdoor fireplaces, torches, charcoal grills, including hibachis, or any other “open flame” cooking device, of any size, are banned and prohibited in, on, or near any Pond Meadows Condominiums grounds, buildings, or property. This ban and prohibition are effective immediately.
    2. Non-compliance shall result in fines of no less than $500.00 for each violation and shall be reported to the Mahwah Fire Prevention Bureau for further actions. Costs of enforcement shall be assessed against the unit owner in violation.

Master Deed Restrictions

It is the duty of the Board of Trustees to “enforce compliance with the Master Deed ….”(By-Laws, Article III, Section 9, Paragraph I (l), and “each owner and occupant of a Unit shall comply with, and shall assume ownership or occupancy subject to laws, rules and regulations of governmental authorities having jurisdiction over the Condominium, the provisions of this Master Deed, the Articles of Incorporation, By-Laws and rules and regulations of the Association and any other documents, amendments, or supplements to the foregoing as described …. Failure to comply with any such provisions, rules and regulations shall be grounds for injunctive relief by the Association… and any Unit owner, and for penalties and other available remedies at law or in equity.” (Master Deed, Paragraph 15) I

  • 55 and Older Age Restriction

    “All units shall be occupied exclusively by persons 55 years of age or older and the spouses of such persons” (Master Deed, Paragraph 12, Subparagraph z). The age restriction has been maintained in accordance with federal laws and regulations, 46 USC 3601 and 24 CFR 100.307et seq. Compliance takes into consideration federal case law and regulations, and shall be strictly enforced. It applies to all resident owners, tenants, and lawful occupants.

  • No Pets or Animals of Any Kind Permitted in the Units or on the Property
    “No animals, livestock or poultry of any kind shall be raised, bred, or kept in any Unit or on the Property. No dogs, cats or other household pets are permitted, nor may any visitor bring pets onto the premises” (Master Deed, Paragraph 12, Subparagraph c). This restriction reflects the very strong objection originally voiced by neighboring landowners and the Township of Mahwah to the presence of animals of any kind on the condominium campus or in the units. No visitor or trespasser may bring pets onto the land or walk through it with them, nor can any resident possess an animal except as may be explicitly provided by federal or state law.
  • Rentals
    “No Unit owner may lease less than an entire Unit,” nor for any period of fewer “than 90 days,” provided that “said lease is in writing and made subject to all the provisions of this Master Deed, the By-Laws of the Association, and other documents…provided further that a copy of said lease is delivered to the Association within 10 days of its execution” (Master Deed, Paragraph 12, Subparagraph u). If a tenants fails to comply with the any provisions of the Master Deed, the Unit owner shall be notified and take steps to cure the tenant’s default or institute, at its own cost, an eviction action against said tenant. Should the Unit owner fail to cure or evict, the Association shall have the right to institute such action against the tenant at the sole cost and expense of the Unit owner.
  • Units Shall be Used Exclusively for a Residential Purpose

    “No Unit …shall be used for any purpose other than as a private residence” (Master Deed, Paragraph 12, Subparagraph a). Units shall not be used for any commercial purpose.

Other restrictions are set forth in the Master Deed (see below for the full text) Paragraph 12.

Alternative Dispute Resolution

“An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute….” (N.J.S.A. 46:8B-14 (k) and N.J.S.A. 45-22A-44). ADR Policies and Procedures are provided below:

Master Deed and By-Laws

Amendments to the By-Laws - Enacted and Recorded

ADR Procedures with Timetable