Aspen Knolls Estates H.O.A., Inc.
Pet Waste:The New York “Pooper Scooper” law requires dog owners to be responsible for cleaning up after their dogs.
This means that dog waste must be picked up and disposed of properly. As per The Policy & Procedure Handbook, a fine
in the amount of $250.00, (per incident) will be generated onto the account of people who do not pick up after their pet.
As per the Offering Plan, page 160/21, ARTICLE XI: USE OF PROPERTY
The grassy, common ground areas
of the community are not for pets to relieve themselves.
Pet urine and fecal matter creates unsanitary, unhealthy, conditions.
Homeowners Association will maintain Roofing & Siding:
As per the page 102/4, section 3.2:” Ownership” in the Offering Plan: The exterior siding, roofing and windows are privately owned. The upkeep and maintenance of the roofing and siding will be the responsibility of the Homeowner’s Association. Replacement or re-roof of the home is the responsibility of the owner.Dryer Vents:
The cleaning of the dryer vents on the home is the responsibility of the owner. Regular maintenance is crucial to avoid the vent from becoming clogged and a possible fire.
There are homes within the community that have had Solar Panels installed. The roof area of where the Solar Panels have been installed is NOT
the responsibility of the H.O.A. Please obtain any paper work, agreements and documentation provided from the company that performed the installation.
Section I: Introduction, page 18, item 13: Maintenance of the Offering Plan: The only areas on the individual homes to be maintained by the Association will be to paint the garage and front doors and the upkeep and maintenance roofs and the exterior facade of the homes. Leaders & Gutters:
The Upkeep and maintenance only of the leaders and gutters is the responsibility of the Association. Replacement of the leaders & gutters on the home are the responsibility if the homeowners.
Exterior front & garage doors will be kept white and will be re-painted by the HOA every two (2) years. If you have a back door it must be white. Maintenance and upkeep of the rear door, or slider door is the responsibility of the homeowner. If you have replaced either door with a vinyl or metal door, you must notify us immediately, so your home will be by-passed and NOT painted. Any repairs needed to either the garage or front door is the sole responsibility of the homeowner. If you change the color of your doors, you will be fined.Exterminating:
The HOA will be responsible for beehives, exterior condition of termites, bees , yellow jacks, and wasps that are attached to the outside of your home.
The interior exterminating of the home is the homeowner’s responsibility.
: As per the Offering Plan, the Association is responsible to paint the exterior garage door only. Upkeep and maintenance of the garage door, including its frame are the responsibility of the homeowner. If replacing the garage door, it can be in any style but MUST BE WHITE
. Once a garage door has been replaced, it will not be painted. Skylights:
The Association is not responsible for the upkeep and maintenance of any Skylights. In the event your home has a skylight which has a leak, the area of the skylight is not warrantied by the Association. If your home has a skylight that requires replacement, it is not the responsibility of the Association.
As per the Offering Plan, Item 5., SEWAGE AND STORM DRAINAGE SYSTEM: The Association is not responsible for the individual sewer lines serving each home, nor damages from said use thereof. The HOA is not legally responsible for the maintenance and or repair or your home's designated lines. This is a matter of contract governed by the Aspen Knolls Home Owners’ Association Offering Plan (“the Offering Plan”). Article I, § (e) and Article IV, §2 of the Declaration of Covenants, Restrictions, Easements, Charges and Liens contained in the Offering Plan provides that the Aspen Knolls Home Owners’ Association (“HOA”) is responsible for the maintenance and repair of “the main interior sanitary and storm sewers.”
Furthermore, Article IX, § 1 and Article XI, § (x) provide that homeowners are responsible for “the maintenance, repair and replacement of the sanitary and sewer line leading from the point of the main sanitary/sewer line to the house trap.”
As per the Offering Plan, Article XI., Use of Property, page 162/23, item (x): Homeowners are responsible for keeping their sanitary and sewer lines clear from the point of the main line in the home to the house trap and from the trap to where the home's dedicated line connects to the main trunk. The Association is only responsible to maintain the Main Trunk.Storm Doors:
As per the Offering Plan, page 162/23, item (bb) No Home Owner may install a storm door on his Horne other than a style, color and make approved by the Board of Directors. As of 2017,
the Board of Directors have agreed that the trim ONLY of the storm door can be in a tasteful color. The entry doors on the homes are to remain white.
The homeowner is responsible for the upkeep and maintenance of their garage door, including its frame. If replacing the garage door, it can be in any style but MUST BE WHITE. Once a garage door has been replaced, it will not be painted.
As per the Offering Plan, Article XI., Use of Property, page 162/23, item (w)
your garage cannot be converted into living space. If the HOA finds out that a garage has been converted, a warning letter will be sent to the homeowner by certified and regular mail. The homeowner has 5 days from the receipt of this warning letter to correct the violation. If the violation is not corrected, a fine of $25.00 a day will be imposed. Furthermore
: As per the Offering Plan, Article V, Development of Aspen Knolls, page 150/11, Section 8,: Rights of access in favor of the Association.
Each homeowners shall afford to the Association, any Managing Agent and or any other person authorized by any of the foregoing a right of access to his or her home and or lot on reasonable notice, at reasonable hours, on any day except Sundays and Holiday, (except in an emergency situation such notice need not be given) for the purposes of (a): making inspections of, or removing of violations noted or issued by any governmental authority against any home and or lot, (b): curing defaults here-under, or violations of any rules and regulations promulgated by the Board of Directors and committed by such homeowner, (c): correcting any conditions originating in or on his home and or land and threatening another home and or lot or all or any portion of the property.
Window Air Conditioning Units: Subject to a $100.00 fine. No Home Owner shall install or permit to be installed any window mounted, or through the wall mounted air conditioning unit in his home. Homeowners in violation of this rule will be issued a warning letter giving them ten days to cure the violation and prove they have removed the unit(s). After the 10 days has passed, the HOA will fine the homeowner $50.00 for the first 3 days and $25.00 for each additional day thereafter.
The upkeep, maintenance, repair and or replacement of the home's windows, and window screens are the responsibility of the homeowner(s). When replacing the windows, it must be a "Direct Replacement"
of what is currently on the home. The windows must be replaced with the same color and style that already exists on the home. Double Hung Windows are forbidden to be installed on any home.
Any alterations or modification to the exterior of your home, including the adjacent common property is prohibited. All exterior alterations must be approved by the Board of Directors. If you choose to make an alteration a brief proposal must be submitted to the Board of Directors in writing for their review. Please include a copy of the measurements and specs from the licensed contractor that would be contracted to perform the work. Any and all modifications done without written approval from the board will be restored to its original state at the home owner’s expense.
In the event that the requested alteration is granted, the owner must sign a waiver to indemnify and hold Aspen Knolls Estates Homeowner’s Association, the Board of Directors and Management free, safe and harmless from any claims, demands for payment, actions, proceedings, disputes, charges, costs, fines, assessments, violations and/or expenses, including reasonable attorney’s fees, which shall be imposed or may arise, directly or indirectly from Homeowner’s installation, construction, maintenance, use and enjoyment and agrees to defend all actions, claims, proceedings and otherwise make Aspen Knolls Estates Homeowner’s Association, the Board of Directors and Management whole.
RESIDENTIAL OCCUPANCY – OWNER OCCUPIED ONLY:
A homeowner cannot rent out his/her home OR operate a business out of their home. As per the Offering Plan, Article XI. Use of Property, page 164/25,
Homeowners in violation of this rule will be issued a warning letter giving them ten days to cure the violation and prove they are not renting. After the 10 days has passed, the HOA will fine the homeowner $50.00 for the first 3 days and $50.00 for each additional day thereafter. Also homeowners are not allowed to run businesses out of their home. For example…homeowners cannot display signs outside their homes saying “Attorney at Law”.
Owners found to be illegally renting their home will have legal action taken against them.
While the Board of Directors & Management work very hard at finding violators, information confidentially passed on has been very helpful is taking the violator owners to court and having their illegal tenants removed.
Dryer Vent: The Association IS NOT responsible for the upkeep and maintenance of the home's dryer vent. Routine maintenance not only helps prevent fires but also aids the dryers' energy efficiency.
Upkeep and maintenance is the responsibility of the homeowner. The unit should be cleaned and serviced annually. The exhaust pipe should be checked for loose or corroded sections. The chimney clean out should be cleared of any debris. The heat shield (located where the burner enters the heat exchanger) should be checked to ensure that it is not loose or corroded. Burn marks around the heat shield may indicate a draft or combustion problem. A technician should be contacted.
Water Heaters: Upkeep and maintenance is the responsibility of the homeowner. Modern water heaters have a test lever on the pressure relief valve. This lever should be tested every three months or so to ensure that the pressure relief valve is not seized. If the relief valve does not discharge near a drain, a bucket will be required.
Central Air Conditioning Units:
Upkeep and maintenance is the responsibility of the homeowner. Conventional filters on forced-air systems should be checked monthly and cleaned or replaced as needed.
MAIL: Your mail is delivered to a cluster box outside your home. Please refer to your closing package for the exact pedestal and box # assigned to your address. Each pedestal has one slot for the outgoing mail drop off. The assigned Post Office for the community is located at 4455 Amboy Rd, Staten Island, NY 10312. The contact phone number is: 718-816-2788. If an owner has problems with their key or the mail box, please call the contact number. Only the U.S. Postal Service can remedy any problems with the mail or the cluster box.
All homeowners and family members permanently living in the home must register
as residents as well as registering their vehicles with Aspen Knolls management office. NEW HOMEOWNERS HAVE 30 DAYS TO REGISTER from date of closing.
As per the Offering Plan, Article XI. Use of property page 161/22, item (p),
all vehicles must be validly registered, licensed, inspected and insured to your home address in the community.
A Purchaser of a Home in the Community will automatically assume the rights and obligations of Membership in the Association upon closing title to his/her Home. Prospective Purchasers should be aware that if they re-sell their home, those who purchase from them will also automatically become members of the Association. The mandatory nature of membership in the Association is set forth in the Declaration of Covenants, Restrictions, Easements, Charges and Liens, (the "Declaration") annexed as Exhibit G of the Offering Plan and is set forth in the Purchase Agreement and Deed.
TLC Plates must be parked in the guest parking lot with a guest tag displayed from the vehicle’s rear view mirror.
Commercial vehicles are NOT PERMITTED to park in the community at all unless in your closed garage. Commercial vehicles are subject to tow.
Feeding stray feral and or animals presents unsanitary, as well as personal safety concerns within the community.
HO-3 Homeowner’s Insurance Policy requirement:
All Homeowners are required, as per the community Offering Plan
to maintain an “All Risk” property policy on his/her home in the amount equal to full replacement value of the home without deducting for depreciation, which policy shall contain, if available (i) waivers of subrogation of any defense based upon co-insurance or other insurance or invalidity arising out of acts of the insured or a pro rata reduction of liability: (ii) shall name the Aspen Knolls Estates Homeowner’s Association as an additional insured. Purchaser must present the Declaration Page of the policy when registering in the community, (within 30 days if closing). The policy must also include coverage for the home’s foundation.
An HO-3 policy covers the structure of the home, including cost to replace the home, the framing members, roof, foundation, walls, floors and fixtures permanently attached to the structure. An HO-3 Policy covers any direct damage to the house or other structures on the property unless it is specifically excluded. It is an open perils policy that covers any direct damage to the house or other structures on the property unless it is specifically excluded. However the coverage for personal property is for named perils only
Parking Rules Reminder from the Aspen Knolls Estates Board of Directors
Please review the community Policy & Procedure Handbook for the complete list of parking rules/violations. ***The Community Utilizes Breen Towing. If your car is towed, you must contact Breen Towing, 228 Granite Ave, S.I., N.Y. 718-979-9084 for information retrieving your vehicle.Parking is a serious issue in the community. For homes that face the street, the lack of consideration from others is at an all time high. Parking for these owners is severely limited to begin with. Although there is no assigned parking, please be considerate and do not park in front of a home that faces the street if you do not live there. Common courtesy and respect should always be exercised.**If you do not live in a cul de sac, neither an owner, their family members or guests can park in a cul de sac. **Many owners have not been informing management that they have a new vehicle and are placing the sticker from their old vehicle onto the new one. As per the Community Parking Rules, if the Bar Coded, numbered Teal sticker or Purple Resident Sticker on any vehicle does not match the sticker assigned to the vehicle and on record, a violation, in the amount of $100.00 will be issued to the homeowner in violation. The old sticker must be returned to management to avoid being fined. **If an owner brings his/her City, State of Government issued vehicle home from work, it cannot be parked within the community. There is an insurance liability that the HOA cannot take on the responsibility for. **2017
Guest tags must be hung from the rear view mirror. All cars with guest tags must be in the guest parking lot or designated guest parking areas after 10:00 PM Sunday-Thursday, and after Midnight , Friday and Saturday.TLC must be parked in the guest parking lot with a guest tag displayed from the vehicle’s rear view mirror. Commercial vehicles are NOT PERMITTED to park in the community at all unless in your closed garage. Commercial vehicles are subject to tow.No vehicle can be parked such a way that will obstruct any resident ingress or egress to their garage, the entrance of any cul-de-sac or blocking a Cross Walk. If your vehicle is parked in such a way you will be subject to a $100.00 fine.Fire Hydrants, Mail Boxes, Yellow Zones and specifically posted areas with signs are No Parking zones. Any vehicle parked in these areas at any time will be towed and are subject to a $250.00 fine.Double parked cars are subject to tow at anytime and are subject to a $100.00 fine.
Park at the curb. To avoid being fined, do not park more than 12 inches from the curb.
If an owner brings his/her City, State or Government issued vehicle home from work, it cannot be parked within the community. There is an insurance liability that the HOA cannot take on the responsibility for.
Do not park you vehicle facing the wrong direction on the streets. Your account will be fined.
Any resident that parks their vehicle(s) with the rear exhaust facing the front of any home, (not the garage door) any home is subject to a $50.00 fine.
Jamie Lane and Emily Lane are one way streets. A fine in the amount of $250.00 will be imposed to the homeowner of any vehicle registered to his/her address caught going the wrong way.
Vehicles parked in NO PARKING ZONES or blocking a neighbor’s garage are subject to tow immediately without warning and will receive a fine, as per the Offering Plan, Article XI. Use of property, page 160/21, item (q).
Going through “Stop” signs (revised 3-2012)- $250.00 per occurrence. Drivers will be identified through video footage.
During the hours of Sun- Thurs, 10PM -6AM and Fri-Sat, 12AM-6AM, (revised 5-2012) the only vehicles allowed in cul-de-sac are the ones of residents of the cul de sac with a BAR CODED RESIDENT STICKER AND OR A PURPLE RESIDENT PARKING STICKER WITH THEIR ASSIGNED GUEST TAG DISPLAYED FROM REAR VIEW MIRROR. Guests are not allowed to park in the cul de sacs during parking hours. Vehicles with a Purple Resident Sticker cannot park on the streets during the parking hours, only in designated Guest Parking areas, with their guest tag OR in their driveway and or cul de sac with the purple sticker and guest tag visible from their rear view mirror.
Vehicles are subject to towing 24/7.
Any homeowner whose account is in arrears and is found to be parking in the community will be given a violation and fined $50.00 additional to their vehicle(s) being towed out of the community.
The vehicle of any home that is on the arrears list is subject to tow, at their own risk 24/7.
If the bar coded sticker on any vehicle OR the purple resident sticker on any vehicle does not match the assigned plate of the vehicle for which it is displayed, the vehicle is subject to tow. A $100.00 fine will be applied to the account of the homeowner who owns the sticker.
Pods and or Rubbish Containers are forbidden from being put anywhere in the community.
Any owner found to have had a Pod or Rubbish Container placed in the community will be heavily fined by the Board of Directors.
Stucco: 1. An exterior finish for masonry or frame walls, usually composed of cement, sand, and hydrated lime, mixed with water and laid on wet. Stucco is a fine plaster used for coating wall surfaces or molding into architectural decorations. Stucco is used to coat decorate with plaster, "a stuccoed house". The HOA is NOT responsible for the decorative stucco covering over the foundation of the homes. Upkeep & maintenance are the responsibility of the homeowner.
Driveways, upkeep & Maintenance: as per Page 18 of the Offering Plan provides as follows:
"The only areas on the individual Homes to be maintained by the Association will be to paint the garage and front doors and for the roofs and exterior facade of the Homes."
Page 38 of the Offering Plan provides as follows and further distinguishes between the Association's obligation to maintain the common courtyard driveways and the Home Owners responsibility to maintain the private driveways: "The Association will also be responsible for the painting of the front and garage doors of each Home; maintenance, repair and replacement (if necessary) and all costs associated therewith of the exterior facade and roof of each Home; landscape maintenance throughout the Development and snow plowing and cleaning of all roadways, common parking areas and Common Area walkways and pathways. Each Home Owner will be responsible for snow removal of the entrance steps and walkway leading to his Home. In addition, each Home Owner will be responsible for snow removal in the driveway areas immediately adjacent to their garage doors. Home Owners with Homes which have driveways that immediately intersect an internal roadway will be responsible for snow removal and maintenance to the roadway drop curb. Home Owners which have driveways that outlet into a common "courtyard" driveway will be responsible for snow removal and maintenance to the point of driveway/courtyard intersection. Home Owners will be responsible for any maintenance, repair or replacement of garage or front doors, except for their painting."
Furthermore, Page 105 of the Offering Plan provides as follows:"Individual homeowners will be responsible for snow removal in the unit driveway areas immediately adjacent to the garage doors. Units which have driveways that immediately intersect an internal roadway will be responsible for snow removal and maintenance to the roadway drop curb. Units which have driveways that outlet into a common "courtyard" driveway will be responsible for snow removal and maintenance to the point of intersection."
The unit owners are responsible for the upkeep and maintenance of their driveway/parking pad.