Southdown Farm Rules    


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This directory is compiled to help to give guidance with everyday problems. Some items are taken directly from the lease and expanded and some are given for information.

ACCOUNTS

The accounting records of the Company are maintained by Woodbourne Associates. Annual Financial Statements are produced for the Company for each financial year ending on July 31st.

ANIMALS

Under the terms of the lease, you are allowed to own one small domestic pet. This lease restriction must be adhered to. Breeding of pets is not allowed on Southdown Farm. Dogs should not be allowed to roam freely on the property but should be kept on a leash when outside the unit. In the interest of hygiene owners are asked to ensure that their pets do not foul public or private areas. However, if a pet does so, please have consideration for areas surrounding other units and remove the faeces. In keeping with Bermuda law, dogs should be walked on a leash. Should you encounter any kind of nuisance from a neighbour’s pet, we would suggest that the parties concerned discuss the matter between themselves. If a pet continues to be a nuisance, please contact the Board.

CESSPITS

Owners are responsible for care and pumping of cesspits. Costs are shared between users of the particular cesspit.

ELECTRICITY

All bills for road lighting and electrical supply to well pumps are separately metered and are paid by Southdown Farm Limited.

EXTENSIONS

If you are considering building an extension to your property, prior to approaching the planning department, you must seek approval for your plans from the Board of Directors and your immediate neighbours. It should be remembered that when purchasing your leasehold property, you have not acquired title to any land. SDF Ltd, in which each owner has an equal share, owns the land. In consideration of any extension, the Board must first give consideration to the interests of other Shareholders. Before granting approval for an extension the Board pays close attention to the following guidelines:

  1. Environmental impact
  2. Feedback from neighbours
  3. Type of extension
  4. Residential 2 Planning statement and regulations
  5. Extent of development already done at the unit
  6. The use of low maintenance material

Please note also that any extension must conform to the style of building on Southdown Farm e.g. the windows, roofs, shutters must conform to the other buildings on SDF. All extensions must be attached to the existing unit and still form part of the same living area. Please also take into account the location of the existing cesspit.

If the unit requesting the extension adjoins a unit with no extension, when the second unit plans an extension it may be that an additional tank has to be installed for the two units. If this occurs the cost of the additional tank must be shared between the two units and this must be reflected as an addendum to the lease.

Improvements to the property that do not require formal planning permission but which are to be made to the exterior of the building or immediate garden area e.g. replacement of shutters, windows, doors, patios, pathways, gates, etc, and installation of signs must be approved in advance by your neighbours and the Board. This would also include any internal changes that would affect your neighbours.

Once the extension has been approved for construction by SDF and the Planning Dept. please observe the following guidelines

  1. Work shall not commence before 7.30 a.m. on a weekday and cease at a reasonable hour so as to not cause a nuisance to your neighbours. Work should not take place on a Saturday, Sunday or Public Holiday. Should any reports of undue noise be reported to the Directors you will be informed.
  2. The work must be carried out in a timely manner once it commences and upon completion all materials must be removed from the site. The garden and surrounding area must be returned to its original state.
  3. Should there be a shortage of fresh water due to the construction work, you will be responsible for the replenishment of the fresh water supply. If you share a tank then please warn your neighbour if there is to be a cut in supply.
  4. If you need well water to be turned off, please contact the Director responsible for Maintenance as other units on your Phase will be affected.
  5. Damage to satellite cables, electrical wiring and well water pipes must be repaired at your expense.
  6. Please ensure that construction vehicles or materials used in the construction do not block access roads on the development. If roads or property of SDF are damaged by construction vehicles you will be responsible for the roads and property to be restored to their original state.
  7. You are responsible for the disposal of old building materials e.g. toilets, kitchen units, tiles etc. Works and Engineering will not pick these up so do not place these in the Piggery.

ANY SUBSEQUENT CHANGES TO THE BUILDING PLANS FOLLOWING FINAL APPROVAL BY THE BOARD MUST BE RESUBMITTED TO THE BOARD FOR APPROVAL.

If you are non-Bermudian and required a License to purchase your unit an additional application will need to be submitted to the Department of Labour, Home Affairs and Public Safety for permission to add to your unit.

Within six months of the completion of your extension you are required to complete an Addendum to your Lease. This document should be completed by your lawyer and forwarded to SDF for sealing and signing. The Addendum should include the following clause:

“ The Company hereby covenants with the Assignee to carry out the maintenance obligations as set out in the Third Schedule to the Head Lease. Any building additions carried out to the original unit will also be maintained in accordance with the said maintenance obligations but should the building additions fall into disrepair for any reason the Company will not be held responsible or liable for any cost of repairing same and furthermore should the additions affect the stability or safety of the original unit or any adjoining unit(s) then the Assignee will carry out such repairs to return the unit or the adjoining unit(s) to the condition they were before the commencement of the building additions. “

Additional monthly maintenance fees for painting, insurance and any other costs occasioned by the additions must be paid by the owners.

Before engaging an architect, we suggest that you apply to our Legal Secretary for the guidelines covering extensions. We would also remind you that any extension, upon completion, must be legally annexed to your lease. A Deed of Addendum should be prepared by your lawyer and submitted to Southdown Farm Ltd. Your monthly maintenance will be adjusted to reflect the additional square footage of your property.

GARBAGE

Garbage is collected on Monday and Thursday. It should be placed at the roadside before 8.00 a.m. If this day falls on a Public Holiday, please take your own garbage to the Piggery. Please do not put it out the evening before because animals can invade the bags and cause litter problems. Garbage should be properly wrapped in a closed and tied garbage bag. You are welcome to drop off garbage in the Piggery, which is located on Southdown Farm Close opposite the orchard. There is a separate container for "blue bags". Please do not mix regular trash with recycling products. Please close the piggery door after placing garbage in the bins. Please do not place any items in the Piggery that will not be picked up on a normal trash collection day. This includes but is not limited to furniture, air conditioners and any other appliances, window frames and blinds and any bulk item. In particular paint and oil are also not to be left in the Piggery or out for collection. Periodically we arrange with Public Works Department for a special pick up of "heavy household" collection and we will notify you prior to such pick up days.
If you are having work done on your property, we would ask that you arrange with your contractor to remove sinks, toilets, tanks or similar items. We emphasise this point as such items, including furniture, have been deposited in the Piggery and Public Works refuse to pick up regular garbage if they do not have clear access to it. Your co-operation would be greatly appreciated.

GARDENING

Island Landscaping are contracted to maintain the eleven and a half acres at Southdown Farm. In the winter time they include banks, hedges, tree trimming, etc. in their schedule and will only work in your area once every four weeks. In the summer months there will be less concentration on hedges etc. with the main emphasis on grass cutting and they will visit your area every other Wednesday. If you decide to plant flowerbeds in the areas surrounding your property, the individual owner should maintain them. Please do not cut down or plant trees without consultation with the Gardening Director. If you have any garden refuse to be picked up between regular gardening visits to your area, please contact the Gardening Director who will ask the gardeners to remove it.

New Feb 2006 The board has decided that anybody wishing to plant trees or hedges on the property first seek board approval. The rationale for this is that once planted residents assume that all future maintenance will be at the company's expense. This can sometimes be a problem when units change hands. Also certain trees have extensive root systems that can cause damage to property. Finally there are numerous electrical, TV and plumbing lines around the property and we want to avoid disruption to service for other people. It is not our intent to prevent beautification, but rather to be sure we do not end up with longer term problems.

INSURANCE

Building and outside plant insurance is covered in your maintenance fee. The present policy is placed through Kitson & Company and renewable every August. The rates are monitored by the Board on a regular basis, and from time to time competitive quotes are sought. If there is a claim, it should be addressed to Kitsons. Insurance of contents is not covered, and should be contracted through the insurer of choice by each individual owner. A discounted rate has been negotiated through Kitsons - for a quotation call James King on 295 2525.

LAUNDRY

Under the terms of the lease, it is not permitted to use individual washing lines, but as the original communal lines are no longer in existence, may we suggest that you consider your neighbours when hanging out washing. The lease requires that washing should not be hung on balcony rails or in sight of other owners.

LEASE

The Southdown Farm Lease contains important information that outlines the formal duties and responsibilities of Southdown Farm Ltd and the Owners. This Directory should therefore be read in conjunction with the Lease document.[see Appendix #1]

MAINTENANCE ACCOUNT

An analysis of your maintenance cost is presented to you on an annual basis. The funds are budgeted to meet the annual expenses of the property. Insurance and painting for each unit are assessed on square footage. All other expenses are shared equally between all units. They include gardening, roads, accounting, contingency fund, garbage pick up, outside plant repairs, plumbing and electricity, legal, miscellaneous, bank and company fee charges. If you are in doubt as to whether a job is covered by maintenance please contact the Maintenance Director before any costs are incurred. No bills will be paid by Southdown Farm Limited unless prior approval has been sought for the work.

MAINTENANCE FEE

Your monthly maintenance fee is due on the first day of each calendar month. It should be paid in BD$ by standing order to:

Bank of Bermuda Limited,
Account Number 010-007-177-001
Account Name Southdown Farm Condominium Management

MANAGEMENT

A Board of Directors is elected every year at the AGM to manage the affairs of Southdown Farm. All owners are encouraged to participate, and submit their name for election to the Board. Within the Board of Directors, individuals are nominated to take care of maintenance, gardening, accounts, etc. On an annual basis you will be advised of the names and telephone numbers of each director and their responsibility. Queries can be addressed to any member of the Board.

NOISE

We live in a close community. No one should complain of ordinary noise, however, please put yourself in your neighbour's place. If you would not be overjoyed by continually barking dogs, loud stereos and boisterous parties, then neither will they. If you experience difficulties along these lines and reasonable approach seems fruitless, please contact the Board. Please remember that the Board are not policemen, and we consider it is better to resolve your own problems.

PAINTING

The painting of walls, roofs and woodwork on a cyclical basis is arranged by Southdown Farm and is paid for out of the maintenance budget. When shutters, doors and windows need to be replaced, this is the responsibility of the owner. If your property is soon to be painted, and such items are in need of replacement, you will be asked to do so prior to the commencement of the painting of your property. To maintain the appearance of the property, shutters must be replaced if new windows are fitted or shutters taken down for any other reason.

PARKING

No trucks/vans, other than those with L or LP registration plates, may be parked on the roads and grounds of Southdown Farm. Heavier trucks/vans may come on to Southdown Farm only to make a delivery/pick-up.

New May 2008 Residents of Southdown Farm are only allowed to park a single vehicle (excluding motorcycles) on the property on a regular basis. Occasional visitors may also park on a short term basis when guests of residents. No other vehicles may be parked on the property on a regular basis. Recognizing that certain owners have had regular access for second vehicles there will be a "grandfathering" where owners have use of an existing vehicle.

PLUMBING

Internal problems such as blocked drains, etc. are the responsibility of the owner and should be paid for directly by them. Southdown Farm pays for well water pumps and lines. Fresh water pumps are the responsibility of the owners. If in doubt call the Maintenance Director. No bill will be paid or reimbursed unless the Maintenance Director has approved the work in advance.

POST BOXES

Please locate your mailbox near your property in a convenient position for the post office to deliver your mail. Please remember that your mailing address should be the house number and/or name and road name, not unit number. The unit numbers are not necessarily in sequence and delivery persons have an extremely difficult time if they only have a unit number. We would urge owners to put the house name and road number in a prominent position on their property.

ROOF LEAKS

If you have a roof leak, please contact the Maintenance Director or Raymond Whitecross.

SPEED BUMPS

Speed bumps have been installed for the safety of all owners, and in particular, young children. Parents should be reminded that it is not safe for their children to play, unescorted, on the roadways. We would recommend that all vehicles must drive at a slow speed within the confines of Southdown Farm, as the roads are narrow.

SUB LETTING

If you plan to sublet, you are required to obtain permission from Southdown Farm before you do so. A simple form is available which will assist the Board in knowing the occupiers of each property[see Appendix #2]. We also require the owners forwarding address for Southdown Farm business mail. We would suggest that you inform the post office of the name of any new occupier. For security reasons, we would recommend that you inform your neighbour or a member of the Board if you have a house sitter,

WATER - FRESH

Replenishment of fresh water is the responsibility of the occupier. Where more than one unit shares water, the occupiers should mutually agree on a method of sharing cost. Please check water levels at regular intervals and turn valves shut before a tank runs dry. This will ensure that the pump does not pump dry, overheat and possibly burn out. If there is a pressure switch installed in the system, the pump may require priming if the system has been allowed to run dry. The cost of calling the plumber to re-prime the pump is the responsibility of the occupier(s) and will not be paid for by Southdown Farm Limited.

WATER - WELL

Well water is supplied to toilets, and in some case, laundries. If problems are experienced with well water, after checking with your neighbour to ascertain that it is a well problem, please contact the Maintenance Director immediately. Please remember a toilet that is constantly running can burn out the pump. Please be considerate to other owners who may be affected by this problem.

WEB-SITE

SDF has a web-site [www.southdownfarm.com] which was designed by Richard Woolnough. The Board wishes to encourage all owners to use the web-site for notices and up-to-date information. Richard Woolnough is responsible for maintaining the site. He would appreciate any newsworthy items or ideas on increasing its potential.

The Board of Directors welcomes all constructive ideas that could be made for the general well being of Southdown Farm and we would be pleased to hear from you.

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