Rules and Regulations — Montgomery Woods

More detailed information for residents can be found in the Resident Portal.

Montgomery Woods has judicially enforceable rules and regulations that serve to allow everyone in our community to live in harmony and to protect the value of our properties. This page summarizes the rules and regulations; the complete document is provided to each resident and can be furnished upon request by the management company.

Alterations to units

Owners wishing to make exterior structural change to a unit must first submit a written application to the Architectural Committee for approval. All proposed alterations must conform to Montgomery Township codes and regulations.

Interior structural alterations require approval of the Montgomery Township Building Inspector. The application form for Architectural Committee review is included in the official resident handbook and can also be obtained through the management company. All sections must be completed with attachments and exhibits included where appropriate. Most improvements will require the Owner to sign a Restrictive Covenant, which would then be recorded in the County Courthouse. The purpose of the Restrictive Covenant is to protect the Association from any liability or maintenance responsibility for the alteration. The cost associated with the preparation and filing of the Restrictive Covenant will be borne by the Owner. The Architectural Committee will review all requests and approve or disapprove within 30 days of the completed application. Once alterations are approved by the Architectural Committee and made by the homeowner, the homeowner must maintain the altered element. Alterations that require pre-approval include:

Installation and use of portable and permanent generators.
Storm doors and / or screen door installations (full view only, trimmed the same color as the Exterior Door).
Outside hardware fixtures. These should be antique brass as originally provided.
Exterior lighting and ornamental lighting modifications or installations may be black, antique brass or polished brass only.
Patio and deck expansions or installations (Must meet local code and require prior authorization by the Architectural Committee)

Railings bordering patios decks
Satellite dishes and antennas
Gable Mounted Attic Fans

Prohibited alterations to units include:

Penetration of roof or siding
Roof-mounted attic fans
Exterior painting of siding, trim or doors
Clotheslines or clothes trees
Window air conditioners and window fans
Awnings and / or shutters
Lawn tents, gazebos and / or hammocks
Exterior flood lighting and lamp posts
Exterior audio / video / music speakers
Screened porches
Patio overhead coverings and carpets
Exterior decorations and lawn ornaments on common property
Fences, including living fences
Outdoor permanent sporting equipment, such as basketball hoops
Permanent sprinkler systems
Outdoor carpeting
Trellises, arbors or vines that interfere with painting and maintenance
Swimming pools

Common elements

An owner, tenant, occupant or contractor cannot chop, cut or burn any material or debris on the property.

Littering, defacing or destruction of the common elements is not permitted. This includes but is not limited to posting of flyers and signs, graffiti, and destruction of property by a non-motorized or motorized vehicle.

Trash must be placed in trash receptacles.

Dog droppings should be taken home and placed in the pet owner’s garbage pail. They are not to be placed in the storm sewers.

Two types of sewer systems serve Montgomery Woods: sanitary sewers and storm sewers. Storm sewers are only for removal of excess water from streets. The storm sewers empty into the detention basin and the water (only) is piped under River Road into the Delaware-Raritan Canal. A screen at the end of Montgomery Woods’ detention basin catches any debris or foreign material before it gets to the River. Therefore, no foreign objects should be thrown down any of the sewers located in our streets.

It is an expense to the Association to have the storm screens cleared to permit the flow of water.

Building, placing or maintaining any permanent structure, matter or thing on the common elements is not permitted by an owner, tenant, occupant or contractor hired by owner / tenant / occupant without the written consent of the Board of Trustees or the Architectural Committee.

Community behavior

Residents are reminded that every homeowner owns a lot within which their unit is situated. Residents are asked to be mindful of this private property and to ensure that they are not trespassing, but are on common property, when traveling through the community. No traversing private property is permitted without permission of the owner of the property.

Owners and occupants shall exercise extreme care to avoid making or permitting anyone to make any loud or objectionable noise, or in using or permitting the use of any audio, video or musical equipment or any device in such a manner that it may disturb any other residents.

All children’s play should be limited to recreational areas and / or individual private lots. Parents are responsible for supervising the behavior of children.

To prevent injury to toddlers, seniors, dog walkers and other pedestrians, bicycles are not permitted on common area walkways and sidewalks unless supervised by adults. Bicycle riding is not permitted on any grassy areas in the community.

Recreational activity is limited to recreational areas and / or individual private lots. Parties, recreational activities and any other activities on roadways or other common elements are prohibited.

Commercial solicitation or use of units for commercial activity is strictly prohibited.

No group tours or exhibitions of any unit shall be permitted.

Dryer vents

All dryer vents are required to be inspected by a contractor is certified to do so by the Chimney Safety Institute of America (CSIA), no less than every three years. The certificate of inspection must be submitted to the management company.

Exterior decorations and signs

Temporary festive exterior decorations for the holidays are permitted. All decorative temporary lighting and electrical cords must be Underwriters Laboratory (UL) approved. Decorations are limited to front and rear entrances only of the owner’s property and must be removed within a reasonable period of time following the holiday. Halloween decorations may be displayed from October 28 through November 1. Winter holiday decorations may be displayed from December 1 through January 15.

If the management company receives complaints relative to holiday decorations, it will be the responsibility of the unit resident to correct the problem. If the problem is not corrected to the satisfaction of the management company, the management company may have the decorations removed at the unit owner’s expense.

Signs may not be placed on any unit, on any lot, or in the interior of the townhouse if the sign is visible from the exterior. Only “Tot Finder,” “Animal Finder,” and security decals may be permanently displayed. Open House and Garage / Yard Sale signs may be posted on the day of the event from dawn to dusk.

Signs may not be affixed to mailboxes, light poles, traffic signs, transformers, or utility pedestal terminals.

Fireplaces

Before you light your fireplace for the first time, be sure your chimney is operational. Your fireplace and chimney should be checked by a qualified chimney sweep. Always open the damper before starting a fire and leave it open until the embers are cold. All fireplaces and chimneys are required to be inspected by a contractor, certified to do so by the Chimney Safety Institute of America, no less than every three years. The certificate of inspection must be submitted to the management company.

Firewood

Firewood for unit fireplaces can be stored on rear decks, patios or in unit garden areas, however, because of the likelihood of attracting termites and other insects, firewood must be stored in a manner so that the wood is not touching or in very close proximity to exterior walls. Wood is to be stored at least five (5) feet from any exterior wall and be kept above ground in a metal holder or ring to avoid attracting termites.

Flooding

Know where your home’s water shut-off valve is located. Contact neighbors who might be the source of the leak or those who might be affected by your leak. Call management. If the problem starts from your plumbing, call a plumber.

Elizabethtown Water Company can shut off the water – call 1 (800) 272-1325 nights, weekends and holidays.

Homeowners are responsible for any damage caused by their own individual plumbing. All Montgomery Woods units have two (2) outdoor spigots, which are not common property. Even though the spigots are located outside, maintenance and winterizing are still the homeowner’s responsibility. To prevent pipes bursting during winter freezes, valves for exterior spigots should be shut off before the winter sets in. The outside spigot is then turned on to drain any remaining water from the pipe.

Grills

The use of gas and electric grills is permitted within the community provided the following guidelines are adhered to:

New Jersey State Law prohibits storage of fuel tanks inside a unit or garage.
Only one (1) fuel tank is permitted at any time.
Only one (1) grill per unit is permitted.
No flammable liquid starter fluid is permitted.
Grills may only be used on decks and patios at the rear of the unit. Grills are prohibited on front stairways / decks, walkways, driveways, garages and parking areas.
Grills shall not be operated closer than five (5) feet from any adjoining wall, door other vertical portion of any unit.
Grills cannot be stored on lawn areas.
Because grease drippings that fall on decks, railings, siding or trim can attract wild animals, operators of grills are expected to ensure that grills are maintained in a clean as well as safe operating condition.
Any damage caused by the use of a grill is the responsibility of the grill operator or the unit owner if different from the grill operator. The cost to repair any damage rests with the grill operator or unit owner if different from the grill operator.

No other type of cooking device / appliance may be used on the exterior of a unit.

Charcoal and wood-burning grills are not permitted due to the fire safety hazard presented by flying embers.

Heating systems

A qualified serviceman should check heating systems. Replace heating filters and check the condition of your hot water heaters. If the water heater is rusted it could leak and cause a significant amount of damage. Most plumbers recommend that the homeowner should drain the water heater at least once a year.

Review your family’s fire prevention and escape plans. Check the charge of your fire extinguishers and the operation of your smoke detectors. Remember to replace the batteries at least twice a year. You should have a carbon monoxide detector installed on each floor of your home.

If you plan to go away for any length of time, remember to leave your heat on to prevent frozen pipes and water damage. Heat should be left at 60 degrees.

Lighting

Public Service Electric and Gas (PSE&G) maintains and repairs the community’s street lighting. The Association pays for the electricity used. If a light in your area is defective, please notify PSE&G at 1 (800) 436-7734. Be sure to mention the pole number.

Care and maintenance of front and rear unit exterior lighting is the responsibility of the unit owner. Ornamental lighting requires approval from the Architectural Committee prior to installation. Homeowners are permitted to install an additional carriage lantern light next to the garage door leading to the front door. The carriage lantern may include a motion sensor and must be black, antique brass or bronze, and measure 6” to 12” in height. Installations should be by a licensed electrician. Homeowners should apply to the Architectural Committee with details of the fixture to be installed. Floodlights and lampposts are not allowed.

Outdoor water spigots

Spigots and emergency shutoffs are located in various places throughout the units, depending on when they were built they were placed in different locations. Therefore please locate your shutoff valves before any emergency arises and be sure to turn off your front and rear spigots before the cold weather arrives each year. Be sure to open the outside spigots to drain any remaining water from the pipe. For rental units the homeowner should inform the tenant where to find these valves at the time of the rental agreement.

Valves for exterior water spigots shut offs are often located as follows, however, these are only the most common locations and some units have them in other locations:

Ashwood Models: Laundry and master bathroom
Birchwood Models: May be in front under first floor bathroom sink; rear spigot usually under kitchen sink
Cherrywood Models: Same as Birchwood Models or perhaps over hot water heater
Devonwood and Erinwood: Not standard

Outdoor storage

Limited storage of outdoor furniture and toys is permitted on the unit’s rear deck / patio. Hoses may be stored in front and rear on hose holders. Lawn / patio furniture cannot be stored under rear decks. Residents are permitted to place lawn furniture and toys on common areas, such as driveways and grassy areas, only when being used. After use, all furniture and toys must be returned to the unit’s storage area.

Vehicles, parking and roadways

All roadways, driveways and parking areas with the exception of Blue Spring Road are owned and maintained by the Montgomery Woods Homeowners Association, Inc. Title 39-A of the New Jersey Motor Vehicle Code allows for New Jersey State and Montgomery Township Police to patrol and to issue traffic and parking summons within the community. All residents are advised to adhere to the following rules and regulations to ensure safety within the community:

The speed limit on all interior Montgomery Woods roads is 20 mph.
All motor vehicles operating within the community must meet all requirements of the New Jersey Motor Vehicle Code with regard to inspection, licensing and insurance.
Parking for residents is limited to garages and driveways.
Parking on the street is not permitted.
Visitor parking is limited to guests of residents. All others may be fined and/or towed at the owner’s expense. To allow for the efficient removal of snow and ice from community roadways, during snow or severe weather emergencies, parking is not permitted in any guest parking areas.
All vehicles are to be operated on roads only.
Overnight parking of all trailers, mobile homes, campers, licensed commercial vehicles or any vehicle more than twenty (20) feet in length is strictly prohibited. Overnight parking of moving or rental vans for resident moving purposes is permitted for one night with the approval of the management company.
Minor car maintenance activities are permitted: car washing, waxing, vacuuming, tire changing and battery jumping. Due to environmental concerns, the changing of vehicle fluids is prohibited on Montgomery Woods property.
Advertising displayed on vehicles is prohibited.
The long-term storage of bicycles, motorcycles, boats, tricycles, and both operable and inoperable motor vehicles is not permitted on driveways, roadways, or designated parking areas.

Patios and decks

Ashwood, Birchwood and Cherrywood

Patios or low-level decks may be built up to 16 feet out from the patio doors of the unit.
They may be up to 14 feet wide (for Ashwood models, 15 feet wide) to the beginning of the dining room windows.
They may not encroach upon common grounds, the property of others or easements of record.
Patios and decks shall be constructed as low as possible for the site.
No raised or multi-level extensions are permitted.
Built-in benches or flower boxes may not exceed 18 inches high from the patio/deck surface. Such features must be included in the deck and patio plans submitted for approval.

Devonwood and Erinwood

Decks may be extended to a maximum of 12 feet from the rear face of the unit
Decks may be a maximum width equal to the width of the unit
Decks may not encroach upon common grounds, the property of others or easements of record.
Patios are not allowed
Deck additions cannot exceed the height of the current decks.
Built-in benches or flower boxes may not exceed 18 inches high from the patio/deck surface. Such features must be included in the deck plans submitted for approval.
Any portion(s) of decks or patios with vertical drops over 18 inches to ground level must incorporate railings.

Construction & Materials

Existing concrete slabs must be covered with material identical to the extension material
All decks and deck extensions shall conform to the existing type for pressure treated lumber decks prevalent in the Montgomery Woods community including lumber dimensions, railings, and steps.
Only wood that has been treated to retard rot may be used.
Minimum clearance of 2 inches is required between the soil and all wooden deck materials
All wooden supports and columns shall be supported on concrete piers or foundations sufficient to prevent heaving or moving under all weather conditions, including freezing and thawing ground
All wooden decks will be treated with an approved sealer within 1 year after construction is complete.
Use of paints, varnish, polyurethane, carpeting, vinyl, etc. is prohibited. Staining is permitted only in the same color as the standard for the development.
The perimeter of all patio extensions shall be supported by pressure- treated 6 inch by 6 inch lumber or suitable approved alternative.
Literature or material samples must be submitted with plans and are subject to approval by the Architectural Committee if other than treated lumber.

Other

Decks require a township permit prior to construction, inspection during construction and final township approval, in addition to the Architecture Committee approval.
No modifications to patios and/or decks shall alter the natural drainage in the area or cause pooling or flooding.
Weed control is the responsibility of the homeowners and not the MWHA or its subcontractors. Proper measures shall be taken to control the growth of weeds under decks and in between patio stones, blocks or other materials.
The space below decks shall not be used for storage of any materials unless specifically approved by the Architectural Committee. The homeowner is responsible for maintaining all items stored on top of decks and patios in an orderly and attractive manner.
Maintenance and repair of all improvements or modifications to patios and decks and privacy fences are the sole responsibility of the homeowner.
Design and construction must meet all applicable State and local building codes. Permits, fees, and inspections are the sole responsibility of the owner. Proof of compliance with local and state building codes must be submitted to the MWHA Architecture Committee prior to construction.
Failure to comply with the guidelines, rules and regulations subject the homeowner to fines and/or liens and/or the possible removal of the offending construction and restoration of the modifications at the owner’s expense.

Pets

Pets are an important part of life within the community. The following rules apply to pet owners:
Dogs must be leashed when outdoors.
Cats are not permitted to roam freely within the community.
Dog owners are responsible for scooping up pet droppings and disposing of them in their trash. It is prohibited to dispose of anything, including pet droppings, in a storm sewer.
No more than two (2) pets may be housed in a unit.
All pets are to be registered with the management company. Dogs must be licensed by Montgomery Township.
Both dogs and cats must be vaccinated against rabies. The Township often offers free vaccinations clinics on a Saturday.
No animals may be kept for breeding or other commercial purposes.
The pet owner is responsible for any claim resulting from any action of their pet.

Recreational areas

Montgomery Woods recreation areas are available to community residents and guests only. All persons using the community’s recreational areas do so at their own risk. The Association assumes no responsibility for any accident or injury in connection with the use of recreation areas or for any loss or damage to personal property connected with such use.

Residents are responsible for the actions of their children, guests and guests’ children while in recreational areas.
The tennis courts are limited to the enjoyment of Tennis. No other activities are permitted.
The combination to the tennis court locks is available from the management company.
All trash should be placed in trash receptacles.

Sale/lease of unit

Each unit owner shall notify the management company in writing of his / her intent to sell or lease the property. This should be done no less than ten (10) days prior to any title closing or commencement of occupancy.

For Sale and For Lease signs are prohibited from being displayed on the exterior of the unit. Open House signs are permitted on the day of the open house.

Within ten (10) business days of a unit’s closing, the following written information must be sent to the management company: name of purchaser, name and address of purchaser’s attorney, the closing date, and a photocopy of the fully executed agreement of sale.

A unit within Montgomery Woods may be leased / rented. A written lease agreement is required between the unit owner and tenant. A copy of the executed lease between the unit owner and tenant must be supplied to the management company within thirty (30) calendar days of the lease execution. A Montgomery Woods Rider to Unit Lease and Completed Census Form must accompany the copy of lease agreement. Failure to submit required documents can result in fines.

Prohibited when leasing:

Subleasing
Leases or terms of a lease of less than one (1) year duration
Lease of the unit to a third party for hotel or transient purposes
More than two (2) persons per bedroom
No townhouse owner may lease less than an entire unit

All unit owners are responsible for providing tenants with a copy of the Association’s Rules and Regulations and ensuring that tenants are familiar with same. All unit owners are responsible for their tenants’ actions while living in the community.

The Montgomery Woods Homeowners Association, Inc. reserves the right to request additional information relative to terms of lease.

Showers and bathtubs

Homeowners are responsible for any damage caused by their own individual plumbing. Homeowners may notice leaks evident in their first floor ceilings that could be coming from their shower stalls and bathtubs. As water can travel down or across a beam, the leak does not always show up directly under your bathroom areas. Standard maintenance for all homeowners requires annual caulking and re-grouting of bathtubs and tile walls and floors in your bathroom areas. This is a simple maintenance procedure and very inexpensive as the material needed can be purchased at any local home improvement store.

It is suggested that all homeowners re-caulk their bathtubs where the tile wall meets the top of the tub once per year. This prevents water from getting between the tub and tile and seeping through the wallboard.

Loose or deteriorating grout is another opportunity for water to soak through the wallboard. The toilet seal should also be checked annually.

Snow removal

As a homeowner, you are responsible for removing the snow from your driveway and front walk. The community contracts to have snow removed from roadways and visitor parking. Snow removal will not begin until two (2) inches of snow has fallen. In the event of a forecasted four (4) inches or less, snow removal will commence once the storm has ended. In the event of a longer, heavier snowfall, the contractor will clear roadways to allow for emergency vehicles. Every effort will be made to have roads and parking areas cleared by 6:30 a.m. or between 4 - 7 p.m. Final and complete cleanup will begin once the snowfall has stopped. Vehicles in visitor parking must be moved to an alternate location so the contractor can clear these areas. Final cleanup includes bus stops, mailboxes and fire hydrants.

Solicitation

Solicitation is not allowed in the community.

Television/satellite/radio antennas

Connection to the cable system is the responsibility and expense of the unit owner or resident.
Completion of an Owner’s Notice Regarding Installation of a Satellite dish must be submitted prior to placement of a satellite dish. The form is included in this handbook and can also be obtained through the management company.
Antenna installation must also be pre-approved by the Architectural Committee.
Any damage to the unit as a result of installation is the responsibility of the unit owner.

Trash and recycling collection

A private contractor provides trash collection twice weekly. Trash can attract birds and animals; therefore residents are requested to place trash in covered refuse containers. Refuse containers can be placed at curbside beginning after sundown on the day before collection and no later than 7 a.m. on the day of collection. Residents should put away emptied trash containers on the day of collection. Trash containers are not permitted to be stored on the exterior of the units.

Recycling within Montgomery Woods is provided by Somerset County on a biweekly basis. Blue recycling containers are available for a fee from the Somerset County Office of Waste Management in Somerville. Recycling schedules are also available upon request.

Recyclable materials should be placed curbside beginning after sundown on the day before collection and no later than 7 a.m. on the day of collection. Residents should put away emptied recycling containers on the day of collection. Recycling containers are not permitted to be stored on the exterior of the units.

If for some reason residents are unable to place and remove recycling and trash containers, they are encouraged to make arrangements with neighbors.

For pickup of furniture and appliances, residents may call the disposal company. The management company can provide the name and telephone number of the contractor. Bulk trash collection is at the expense of the unit owner.

Units

Units are private residences. No unit may be used for commercial activity.

No unlawful use shall be made of any unit. Each unit owner, tenant, occupant and / or guest shall comply with federal, state and local governmental laws, ordinances and regulations.

No flammable, combustible or explosive substances, including gasoline, propane, or butane may be kept in any unit.

Windows and sliding doors, if covered, must be treated with window coverings such as curtains, draperies, shades or blinds.

Visitor parking

Visitor parking lots are provided for people visiting residents of Montgomery Woods and specifically are not to be used by residents themselves. Residents of every townhouse have space for a minimum of two cars in each driveway plus a garage. The Association considers a resident’s personal driveway or his/her garage to be the most reasonable and convenient parking area for him / her.

Violators can be towed and fined.

Washing machine hose replacement

Every four years each unit owner shall replace the washing machine hose on the unit’s washing machine. Each unit owner shall provide to the Association a certificate stating that the unit’s washing machine hose has been replaced. Unit owners without a washing machine shall be required to submit a certification stating that their unit does not contain a washing machine. Each unit owner must send to the Association a copy of the bill from the plumber who has performed the service or a copy of the sales receipt if a homeowner bought the hose himself or herself and has installed same. If a homeowner buys the hose, he/she must certify in writing to the Association that it has been properly installed, along with a copy of the receipt. At no time shall the Association be responsible for any damages arising from inspection, replacement or failure to inspect or replace a washing machine hose. If the Association’s insurance coverage is required to pay for any damage caused by a washing machine hose, the deductible will be the responsibility of the unit owner.

Check your washing machine hoses for signs of wear. Always turn off water supplies to your washing machine when not being used.

Windows, doors and garage doors

Windows

All repairs, maintenance and replacement of windows are the responsibility of the homeowner.
Window replacements must match existing windows in appearance.
The only exception to item #2 is the second floor loft window that may be replaced to match the appearance of either the original window, the double- hung windows in the unit or the first floor patio doors.
An application for installation of new window frames must be submitted to the Architectural Committee for approval prior to beginning work.
The window must be double-hung pre-finished in white on the exterior with insect screen and six light grills. Considerations in selection of window should be efficiency, performance, and preservation / enhancement of property value similar to manufacturers such as Anderson, Pella, Marvin, Thermal-Gard or brands of equivalent quality.
All windows are required to be flanged, or “new construction” windows.

Patio Doors

All repairs, maintenance and replacement of sliding doors – including glass panels – are the responsibility of the homeowner.
Patio door and glass panel may be replaced with sliding or “French type” doors with or without mullions.
The trim of “French type” doors must be painted the same color as the exterior of the building. Information regarding paint color can be obtained from the management company.
The maintenance, repair and replacement of either type of door is the responsibility of the homeowner.
An application for new doors must be submitted to the Architectural Committee for approval prior to beginning work.

Front Doors

Repairs, maintenance and replacement of front doors, including the glass installed by the developer, are the responsibility of the Association when such work is necessary because of normal wear and tear. Work needed that is not the result of normal wear and tear is the responsibility of the homeowner. An application for new doors must be submitted to the Architectural Committee for approval prior to beginning work. Replacements must match the existing doors; front door handles should match the original installation as closely as possible. Information is available through the management company.

Garage Doors

Repairs, maintenance and replacement to garage doors is the responsibility of the Association when such work is necessary because of normal wear and tear. Work needed that is not the result of normal wear and tear is the responsibility of the homeowner. An application for a new door must be submitted to the Architectural Committee for approval prior to beginning work. Replacements must match the existing door. Information is available through the management company. Mechanical parts, including door openers, are the responsibility of the homeowner.