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BADGER HILL ESTATES RULES Section 3.7 of the Amended and Restated Declaration of Restrictions for Badger Hill provides for the establishment of rules to guide the Association and parcel owners. RULE 1 – FIRE SAFETY During the fire season (April 1 – December 1) and during any period declared by the Association as presenting a special fire hazard, smoking shall not be permitted on the grassy commons. Smoking materials of any kind shall never be disposed of on any common area. Burning within parcels shall be limited to fire pits and conventional barbecues. Coals and ashes shall not be removed until they are cold throughout. Hose bibs with attached hoses required by the Architectural Control Committee on all improved parcels shall be available to Association members for exterior use to assist in fire prevention prior to the arrival of the fire department without fear of trespass. 1st INFRACTION LETTER 2ND INFRACTION – SMOKING $ 50.00 FINE 1st INFRACTION – HOSE BIBBS LETTER 2nd INFRACTION $ 50.00 FINE
RULE 2 – WHEELED VEHICLES (Amended 9/24/03) All wheeled vehicles shall be confined to the paved road, parking and driveway areas. Roads shall be used for ingress and egress only and shall not be used for recreational driving. Exhaust sound levels must be kept below 70 decibels at 10 feet at all times. No two or three wheeled vehicles or vehicles unlicensed for highway use shall be permitted. The speed limit for all vehicles shall be 25 MPH except as otherwise posted. Permits must be obtained from, and approved by, the Badger Hill Association Board of Directors for exceptions to this rule. A deposit will be required upon approval of permit. 1st INFRACTION LETTER 2nd INFRACTION $ 50.00 FINE RULE 3 – ANIMALS AND USE OF GRASSY COMMONS The grassy commons are reserved for animal grazing and passive recreation. Passive recreation is interpreted to mean walking, jogging, standing, sitting, picnicking and horseback riding. More active recreation shall be confined to the park area. Domestic animals, equestrians, joggers, residents and guests in general shall not chase, throw objects or There shall be no disposal of vegetation or debris of any kind or unattended deposit of any domestic or recreational fixture whatsoever on the grassy commons. Lawn clippings may disposed of beyond the firebreak.
1ST INFRACTION LETTER HARASSING GRAZING ANIMALS $ 50.00 FINE DISPOSAL OF VEGETATION ILLEGALLY 1st INFRACTION LETTER 2nd INFRACTION $ 50.00 FINE RULE 4 – GUESTS AT RECREATIONAL FACILITIES The recreational facilities and park area are for the exclusive use of parcel owners, there resident families and occasional guests. A resident shall at all times accompany guests. All residents and guest shall conduct themselves in a manner that enhances general peace and goodwill and according to posted park rules. RUDENESS 1st INFRACTION LETTER 2nd INFRACTION POSSIBLY BARRED FROM FACILITIES RULE 5 – HUNTING AND SHOOTING No hunting will be permitted on Badger Hill by firearm, bow and arrow or other device. The discharge or carrying of firearms is prohibited. Egress and ingress for firearms shall be out of sight in a closed vehicle confined to the roadways. 1ST INFRACTION LETTER
2ND INFRACTION $ 100.00 FINE 3RD INFRACTION $ 500.00 FINE RULE 6 – AUDIO POLLUTION In the interest of peace and quiet for the common good – radios, televisions, stereos, musical instruments, horns, toys, maintenance equipment and animals shall be confined to a sound level that cannot be heard or can be easily ignored on an adjacent parcel. Occasional use of garden or carpentry tools for maintenance, repairs and remodeling shall be confined to normal daytime hours (6:30 AM through 6:30 PM). 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE RULE 7 – PROFESSIONAL USE Parcel owners may use their dwellings for unadvertised business, professional, or other than medical, and artistic pursuits as long as there are no employees, inventory of materials or products and the activity is entirely invisible to neighboring parcels and the Badger Hill community. Guests or clients associated with these pursuits shall not use the recreational facilities or commons other than for ingress and egress. Such guests shall not drive commercial vehicles. There shall be no obnoxious or unusual noises, odors, visible or hazardous residue from any such pursuit. Disputes between neighbors over any ramifications of such pursuits shall be submitted in writing to the Board of the Association for its investigation and ruling, which shall be binding upon parcel owners. 1ST INFRACTION LETTER 2ND INFRACTION BOARD INVESTIGATION RULE 8 – ACTIVE RECREATION Residents who construct swimming pools or tennis courts, approved by the Architectural Control Committee, shall use them for family and occasional guests purposes only. Guests shall not use them so intensely and frequently that for neighboring property owners they take on the aspect of a public park. They shall not normally be used for teaching swimming or tennis for a fee other than for own personal use. Vocal sound levels shall be limited to that tolerable to an average residential neighbor. 1ST INFRACTION LETTER 2ND INFRACTION BOARD INVESTIGATION RULE 9 – RECREATIONAL VEHICLES, BOATS, ETC. No motor home, recreational vehicle or trailer of any kind, truck, camper or boat shall be kept, placed or maintained upon any parcel in such manner that such motor home, recreational vehicle, trailer, truck, camper or boat is visible from adjoining parcels, common area, streets and roads; provided, however, that the provisions of this rule shall not apply to 24 hour loading/unloading upon arrival/departure, temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any work or improvement permitted. 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE 3RD INFRACTION $ 100.00 FINE RULE 10 – RECREATIONAL VEHICLE PARKING AREA A lot adjacent to the guard station is maintained for the storage of recreational vehicles, boats, trailers and automobiles. All vehicles stored in the area must be operable, have serviceable tires, be currently licensed and be registered to a Badger Hill property owner. 1ST INFRACTION LETTER 2ND INFRACTION VEHICLE TOWED @ OWNER’S EXPENSE 14 DAYS AFTER RECEIPT OF LETTER RULE 11 – DOGS (Amended July 28, 2021) REGISTRATION: Owners must register their dogs within 7 days of bringing dog on property and provide annual updates.
PROHIBITED DOGS: "Dangerous dogs" are not allowed on Badger Hill. A dog is dangerous if - outside the owner's property - it has:
1. Engaged in behavior twice in the last 36 months that requires a person to take defensive action to prevent bodily harm.
2. Bitten someone causing an injury, or
3. Injured or killed a domestic animal.
The Board may require that the owner of a dangerous dog remove that dog from Badger Hill. To effect removal, the Board will send a letter to the owner notifying him of that requirement. The owner must then remove the dog from Badger Hill. If the owner fails to comply within 14 days of that letter, the Board may take any reasonable action necessary to effect removal, at the owner's expense.
CONFINEMENT:
An owner who keeps dogs on Badger Hill must confine those dogs to his parcel at all times when not under his immediate control. The owner must employ measures reasonable necessary to ensure confinement (e.g., fences). Owners (and guests) may bring registered dogs into the common area. If an owner does so, he must maintain immediate control of that dog at all times. If an owner's dog is outside of the owner's parcel and outside of the owner's immediate control (e.g., on a leash), the owner has committed an infraction of this rule.
1st Infraction: The Board will fine the owner $100. The Board may waive this fine if the owner takes action to ensure future confinement. The Board will notify Animal Control.
Further infractions: The Board will fine the owner $100 more than the amount of the most recent fine under this rule. The Board may not waive this fine. An infraction that occurs more than 12 months after the most recent previous infraction will be treated as a first infraction. The Board will notify Animal Control.
CLEAN UP: Dog owner must properly dispose of all dog waste left on common area and neighboring parcels.
1st Infraction: The Board will send warning notice.
2nd Infraction: The Board will fine dog owner $50
Additional infractions will be fined $50 per incident.
DISTURBANCE: Dogs shall be confined to a sound level that cannot be heard or can be easily ignored on an adjacent lot.
1st Infraction: Board will send notice to dog owner to correct problem.
2nd Infraction: Board will fine dog owner $50.
Additional infractions will be fined at $50 per incident.
RULE 12 – ANTENNAS No new antenna may be installed on a parcel for the transmission or receiving of radio or television signals. Antennas are not to be 10’ above the highest point of the roof of the house.* 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE FOR EACH ADDITIONAL LETTER RULE 13 – SIGNS (Amended 2/25/04) Signs may not be displayed on or from any lot except: A sign advertising the property for sale, lease or exchange, Non-commercial signs, posters, flags or banners on or in an owner’s separate interest. Signs and posters may not be more than nine (9) square feet in size. Non-commercial flags and banners may not be more than fifteen (15) square feet in size. Political signs may not be displayed for more than thirty (30) days and are to be removed immediately following the election. 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE RULE 14 – TRAILERS, VEHICLES, BOATS No trailer, vehicle or boat shall be constructed or repaired on any parcel where such trailer, vehicle or boat may be visible to other parcel owners with exception of emergency repairs not lasting longer than 24 hours.. 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE RULE 15 – HOUSE TRAILER, TRAVEL TRAILER, CAMPER, TENT No house trailer, travel trailer, camper or tent shall be used at any time on any parcel for living purposes. 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE RULE 16 – GARBAGE, TRASH AND YARD WASTE CONTAINERS (Amended April 2009) All garbage, trash and yard waste containers are not to be visible to neighboring parcels. Containers may not be placed curbside for collection sooner than twenty-four (24) hours prior to scheduled collection and must be removed within twenty-four (24) hours after collection. Garbage, trash and yard waste pickup day for Badger Hill is Monday. 1ST INFRACTION LETTER TO HABITUAL OFFENDERS 2ND INFRACTION $ 50.00 FINE FOR EACH LETTER AFTERWARDS RULE 17 – VEHICLE PARKING AND STORAGE Vehicles may not be stored (stationary, not moved, covered) in driveways. Only guest parking, emergency overnight and short-term parking shall be visible from neighboring property. 1ST INFRACTION LETTER TO HABITUAL OFFENDERS 2ND INFRACTION $ 50.00 FINE FOR EACH LETTER AFTERWARDS RULE 18 – STORAGE OF GARDEN TOOLS, BICYCLES, OTHER DOMESTIC AND LANDSCAPE EFFECTS Storage of garden tools, bicycles, landscape effects or other domestic items are not to be stored where visible to neighboring properties. 1ST INFRACTION LETTER TO HABITUAL OFFENDERS 2ND INFRACTION $ 50.00 FINE FOR EACH ADDITIONAL LETTER RULE 19 – OLEANDERS Oleanders are not allowed to be planted on Badger Hill due to their high toxicity to animals.* 1ST INFRACTION LETTER TO OWNER 2ND INFRACTION PLANT’S REMOVED AT OWNER’S EXPENSE RULE 20 – LANDSCAPING (Amended 1/28/04) Section A. All homes must have an acceptable front yard in place within 9 months of completion/purchase of the home. 1ST INFRACTION LETTER 2ND INFRACTION FORFEIT OF BUILDING DEPOSIT 3rd INFRACTION $100 FINE FOR EACH ADDITIONAL LETTER Section B. All front yards must be green, growing and maintained per the Badger Hill Architectural Control Committee standards. 1st INFRACTION LETTER 2nd INFRACTION YARD CLEANED AT OWNER’S EXPENSE Section C. Whereas our mountain and valley views are among our most precious resources on Badger Hill, plants/trees must not create a barrier to a neighboring view and must be maintained per Architectural Control Committee standards. Upon a letter of complaint, the following will occur: 1st INFRACTION LETTER
2nd INFRACTION PLANT/TREE TRIMMED OR REMOVED AT OWNER’S EXPENSE RULE 21 – COMMON AREA FENCING Common area fencing shall not be cut or disturbed at any time. Rocks and dirt are not to be pushed against fence at any time. ALL INFRACTIONS FENCE REPAIRED AT HOMEOWNER’S EXPENSE RULE 22 – CONTROLS, VALVES Association or Water Company sprinkler controls, water line valves are not to be reset, opened or closed by any homeowner unless it is an emergency situation. 1ST INFRACTION LETTER 2ND INFRACTION $ 50.00 FINE RULE 23 – DISPUTES BETWEEN NEIGHBORS The Board will try all reasonable means to see that the C.C. & R’s. and rules are enforced. If a dispute between homeowners cannot be resolved, then the involved parties will meet with the ‘Mediation Council’, which will consist of five members. The council will consist of the President, two Board members and 2 non-Board members. The council members will serve a one-year term. If this meeting is not successful, it is then up to the parties to proceed without the involvement of the Board.
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