NEW DURHAM ESTATES
COMMUNITY RULES AND REGULATIONS
In addition to the terms and provisions contained in the New Durham Estates Lease, all Community Residents must comply with the following New Durham Estates Community Rules and Regulations:
RENTS AND OCCUPANCY:
All Residents must be approved by Management prior to moving into the Leased Homesite in the Community. The established rule is one (1) family per Homesite. Rents are to be paid in advance in accordance with Community rates and are due on or before the first (1st) of each month. If rent is not fully paid on or before the fifth (5th) day of each month, a per diem late fee will be charged and will be applied retroactive to the first (1st) day of said month. Rates are for one occupant to a Homesite. Adjustments will be made for any additional occupants, pets and vehicles, each of which must first be registered and approved by Management. Any Resident whose check to Management is returned as a result of non-sufficient funds, will be charged a $40.00 NSF fee, and additional late charges will be added as incurred.
OWNER OF RECORD:
All homes in the Community are to be owner occupied. The Resident must be designated on the certificate of title as the owner of the home. All homes located in the Community must be titled by the State of Indiana, and a copy of such title must be provided to management. Failure to provide a copy of the certificate of title is Just Cause for Termination of Tenancy.
All Residents need to provide evidence of a renter’s policy and/or home owners insurance with limits no less than $100,000 and will name the landlord as an additional insured providing for a 30 day notice of cancellation or non-renewal including cancellation for non-payment of premium. Failure to do so is Just Cause for Termination of Tenancy.
MANUFACTURED HOME SITE:
The manufactured home site is comprised of the area on which the home is installed, together with the patio area, driveway or contiguous parking space(s), if any, and the lawn area which Resident is required to maintain. Questions regarding what area(s) Resident is to maintain are to be directed to Community Management. The manufactured home site does not have any fixed boundaries, lot lines or square footage and the actual size of the site may vary from time to time, during this lease term and any extensions of this lease, depending upon the size of the manufactured homes which are, or may be, installed on the adjacent sites.
Management reserves the right to increase lot rents; however, Residents will receive at least two (2) months’ notice of any and all proposed rent increases.
VACATING THE LEASED HOMESITE:
Residents must notify Management at least 30 days prior to moving from the Leased Homesite. Failure to provide such notice will result in a charge for the next month’s rent. Clearance for such moves from the Leased Homesite must be obtained from Management and Residents must provide Management with a proper forwarding address. Residents must obtain a moving permit from the County Treasurer’s Office verifying that all personal property taxes have been paid for the entire year and must provide Management with a copy of same. Moreover, Residents must pay any and all back rent and applicable late fees and charges before the manufactured home may be removed from the Community.
SELLING OF HOME:
Your Leased Homesite is rented to each Resident as an individual. As such, it is not transferable to any other party without the prior written approval of Management. Residents must have a current Selling Agreement form on file with Management and notify Management at least thirty (30) days prior to vacating the Leased Homesite. All homes must be moved or transferred to new buyers before the first (1st) of the month or will be charged a full month’s rent – no refunds will be issued to Residents.
No “For Sale” signs are allowed on or about the Leased Homesite. All prospective buyers must submit a Resident Application form to Management and must be approved prior to the closing of any such transaction. Management reserves the right to reject any application. Any manufactured home sold in the Community must have a value of at least $10,000, or the owner/new buyer must remove said manufactured home from the Community.
No Resident shall be permitted to rent his manufactured home or receive any revenues from such occupancy while said manufactured home is located in the Community. Moreover, Resident has no right (express or implied) to guaranty occupancy of an assigned Leased Homesite to another party or purchaser, other than those originally registered as occupants. Any and all transfer must be effected by cancellation of the current lease and the execution of a new lease by Management and the new Community resident (i.e., the new Lessee).
- No loud parties, disturbances or breaches of the peace;
B. No speeding vehicles or vehicles with loud mufflers;
C. No unlicensed vehicles such as mopeds, dirt bikes and three wheelers, however, special exceptions will be made for motorized wheel chairs for disabled Residents;
D. No boats, campers, or large trucks over one (1) ton will be permitted, except for deliveries; No trailers such as utility trailers, boat, trailers, flatbed trailers, etc., shall be parked at home-site. (Boat, trailer and camper storage is available for Residents, however).
E. No burning of any kind;
F. No firearms of any kind; no air rifles, BB guns, archery, or fireworks will be permitted to be discharged; Reference the Indiana Fireworks Law Sec. 8(a) = Sparklers, ground spinners, cone fountains, wheels, cylindrical fountains are the only fireworks permitted.
G. Drunkenness and immoral conduct by Residents or their guests in public areas will not be tolerated;
H. No nuisances of any kind (including but not limited to barking dogs, loud music, etc.)
I. No unlicensed or disabled vehicles of any kind, nor any major repairs to any vehicle;
J. No peddling, soliciting, canvassing, distributing of literature, or any form of commercial enterprise shall be permitted, without the express permission of Management;
K. No “For Sale” signs, or any other type of sign shall be permitted on or about the Leased Homesite, regardless of shape or content.
- Trampolines are not allowed.
- Hot tubs, in-ground pools, and above ground pools are not permitted. Children’s kiddie pools are permitted. The kiddie pool must be removable, limited to 6 feet in diameter and secure when not in use from neighbor’s, pets, and animals. Kiddie pools must be stored when not in use so as not to deter landscaping maintenance or damage. Sod damage from pools will be replaced at owners’ expense. Ponds are also prohibited. (Note: Any wading pool that is too large to be stored in a Resident’s shed is not allowed.) Management is not responsible for any injuries or accidents connected with the use of any body of water for any purpose.
PLAYGROUND & RECREATIONAL EQUIPMENT:
Swing sets and other outdoor play equipment are permitted on home sites, but only with prior written Management approval with respect to size and location. This includes, but is not limited to, basketball hoops and large play structures.
LEASED HOMESITES AND RESIDENT’S RESPONSIBILITIES:
Resident is responsible for maintaining personal property, leased site and any alterations or additions in a safe, clean attractive fashion at his/her own expense at all times. Failure to perform the items required within the time allotted by management is Just Cause for Termination of Tenancy.
All windows and doors are to be in good condition. Broken windows, doors or torn screens must be repaired or replaced immediately. No plastic is to be used for replacement. Torn screens are not to be repaired with tape. All windows must have proper window treatments. All window treatments when viewed from the exterior of the home must be in good condition. No towels, blankets, broken blinds, sheets, newspapers, etc. can be used as window treatments. The winterizing of windows and doors must be achieved from the interior of the home. No plastic sheeting or films shall be installed on the exterior of the home. No unsightly home insulation, such as straw, e.g. is to be used.
Residents are responsible for the removal of any peeling paint, rust spots, rust streaks, or dirt from said manufactured home. The skirting, as well as the siding, must be kept clean and in good condition at all times. Damaged, dented or missing components, such as corners, top rails, panels, J-channels or access panels must be replaced immediately. The exterior area is to be maintained in a neat and attractive manner at all times.
Residents are responsible for regular mowing of the yard at the Leased Homesite, and if Residents should fail to mow, Management reserves the right to mow said lawn and charge Resident accordingly.
Grass clippings must be kept off the streets and sidewalks.
Residents are responsible for trimming any shrubs and bushes around utilities located on the Leased Homesite.
Residents are responsible for the appearance of the street and sidewalk in front of the Leased Homesite.
Residents shall not be permitted to move another manufactured home on to the Leased Homesite, except by the express written permission of Management.
Manufactured homes must be placed and removed by authorized personnel only, and after permission is obtained from Management.
Management shall supervise connections to all utilities, and said connections shall be done with acceptable materials only and in an approve manner.
All manufactured homes in the Community must be anchored properly and must be skirted with materials approved by Management within thirty (30) days of being set. Any alterations regarding anchoring or skirting must be approved in writing by management. All contractors must have a valid Indiana Manufactured Home Installer License with current liability insurance.
All awnings, appurtenances, porches, steps, storage buildings, carports, fences, skirting, and garages must be approved by Management in writing prior to installation or may be subject to removal.
All such storage buildings and garages must be color coordinated with Resident’s manufactured home. Storage buildings shall not exceed 150 square feet, nor shall they be over 10 feet in height, and they must be maintained in an attractive manner. All storage buildings must be approved by management before being placed on the leased homesite.
Antennas must be approved by management before installation.
Only one (1) Storage Building is allowed per Leased Homesite.
Lawns, patios, carports, etc., must also be kept free of unsightly materials. No storage of bottles, cans, boxes, tools, and the like shall be permitted around or near homes or storage buildings.
Residents may arrange the lawn and flowers at the Leased Homesite in a manner he finds attractive; however, any tree or shrub planting must be pre-approved by Management, and once planted, cannot be later removed from said Homesite. Any and all landscaping requiring more than 30 square feet on the Leased Homesite must be pre-approved by Management.
All cement and masonry work to a Leased Homesite must be done by New Durham Estates.
Residents are cautioned against the driving of rods, stakes, pipes, etc., into the ground and against digging in an area on the Leased Homesite without first checking with Management. Resident is responsible for calling utility companies prior to any excavation and/or digging to verify the location of any underground utilities and the sketch is to clearly and accurately indicate the location of such buried utility lines. Many types of underground installations might be endangered by the Resident’s indiscriminate action and any damage of this type will be charged to the Resident.
Resident is responsible for obtaining any required building permits and a copy of the building permit is to be provided to Management prior to the commencement of any construction and/or improvement alteration.
All improvements and alterations are to be performed by a licensed insured contractor unless the improvements or alterations are performed by Resident.
No sanitary napkins, tampons, disposable diapers, paper towels or other such items are to be flushed into the Park sewer system.
No salt or high-powered de-icing materials may be placed on or about the Leased Homesite, as same are harmful to the cement finish. Management suggests the use of non-toxic fertilizer, sand, gravel or cinders to eliminate icy conditions.
The privacy of each Leased Homesite shall be respected and Residents shall be responsible for the acts of their children, guests or pets at all times. Children and pets are not allowed on the Leased Homesites of other Residents unless invited. Community streets are not to be used as playgrounds.
Garbage collection is made on every Monday. All refuse must be properly stored in fly-tight, rigid receptacles. Refuse must be put out only on the morning of collection. The recycling bin is only collected every other Wednesday. Residents shall not store refuse in front of the Leased Homesite for more than four (4) hours.
Privacy fences, where permitted by Management, must be vinyl, at least six (6) feet in height, pre- approved in writing, and must be maintained in a state of good repair at all times. No other fences shall be permitted. Existing fences must be properly maintained or resident will required to remove fence at owner’s expense.
All firewood must be stacked in a location approved by Management and the State Board of Health’s requirements. No firewood shall be stored under decks. Where designated, firewood shall be raised from the ground or concrete with at least an eight (8) inch clearance.
Bonfires and outdoor burning including the burning of leaves, trash, yard debris and storm damage are prohibited in the community. Only above ground fire pits are permitted. The fire pit must be above ground with a grate over the top. To view acceptable firepit examples, please visit the office.
Only Satellite dishes eighteen (18) inches or less are permitted to the Leased Homesite and must be pre-approved by Management. All such dishes shall be installed at the back of the home. Residents are responsible for the prompt and civil handling of any complaints from neighbors due to alleged interference.
If Resident should opt to remove any improvements, additions or alterations to the home or site, Resident shall restore the home or site to its original condition.
- All pets must be registered in accordance with the Town of Westville and current proof of registration must be provided to New Durham Estates Management.
B. All pets must be approved in writing by community management prior to bringing them on premises.
- C. Any tenant applying for permission to have a pet or currently owns a pet will need to provide evidence of a renters policy and/or home owners insurance with limits no less than $100,000, proof of pet(s) covered under the policy, and will name the landlord as an additional insured providing for a 30 day notice of cancellation or non-renewal including cancellation for non-payment of premium. Failure to do so is Just Cause for Termination of Tenancy.
Residents are not permitted to breed pets on the Park premises.
F. No kennels or dog runs allowed, as outside housing is not permitted.
G. When outside, all pets must be on a leash (cats included) and accompanied by a Resident; moreover, pets shall not be permitted to run at large or to commit a nuisance within the Park premises. Any Residents wishing to report such a nuisance to Management, must do so in person. No complaints will be taken over the phone. Pets may not be tethered to trees or lamp posts.
H. Residents are responsible for the immediate and thorough clean-up of any and all waste deposited by their pets.
- Management reserves the right to refuse to grant approval for animals which have a history of aggression or biting, or which are of a breed of animal having aggressive tendencies.
TIRES AND AXLES:
Residents must retain ownership of the tires and axles to their manufactured home. Tires and axles must be properly stored underneath said home or in an appropriate storage building.
Each Resident shall be responsible for water, sewer, gas and electrical installation upon his Leased Homesite, and will be charged for the expense of replacing or servicing same due to Resident’s neglect, normal maintenance or improper use. Residents shall make their own application for all utilities such as telephone, gas and electric, and shall timely pay all statements rendered by said utility company.
REGISTRATION OF GUESTS:
All residents must be registered with Management and shall execute the Lease as well as the Community Rules and Regulations. Residents shall be responsible and held liable for the conduct of their guests on the Community premises. If a guest should stay for more than seven (7) days in one month period, said guest must be registered and Resident shall pay accordingly for additional services provided. No boarders will be allowed. Each home is intended as a single family home. Resident’s grown children and their families constitute a second family and are not permitted to reside in the Leased Homesite.
A speed limit of no more than twenty (20) miles per hour must be observed at all times; lower speeds must also be observed when conditions warrant.
Stop signs must be obeyed at all times!
All vehicles are to be equipped with an adequate and functioning muffler. The operation of vehicles not properly muffled or with malfunctioning mufflers within the Community will be considered a nuisance under prohibited activities. Loud exhaust systems, headers, etc. are not allowed.
Boats and Recreational Vehicles may not be parked at the Leased Homesite, but may be stored in areas designated by Management.
Major repairs to vehicles requiring more than a twenty-four (24) hour period of dismantlement will not be permitted. All vehicle repairs during the twenty-four (24) hour period must be completed in assigned parking space. Repairs are not to be completed on the streets. Inoperative vehicles must be removed from the Community premises.
Bicycles riders must follow the same general rules as motor vehicle drivers when riding in the Community premises. Management assumes no responsibility for vehicles on Community property with regards to theft, vandalism or damage of any kind, including but not limited to that caused by outside traffic entering Community premises.
Resident is provided two (2) spaces to park two (2) vehicles per household. Management will inform you at the time you move in and receive these rules to the possibility of a third parking space. There is a $5.00 monthly fee for each additional vehicle, after the second vehicle. Limit four (4) vehicles allowed per homesite.
- All residents shall park only in the spaces provided to them by Management. Parking is not allowed on vacant sites, fire lanes, spaces designated for other residents, lawns and/or patios, unless approved by management.
- Any vehicle parked in the Community for more than a 24 hour period that does not belong to a resident and/or has not been approved by management will be treated as an abandoned vehicle and be towed away at the expense of the owner.
OPEN BODIES OF WATER*:
Any open body of water such as lake, pond, river or stream within the Community that does not have restricted access is for the exclusive use of Residents and accompanied guests. Swimming in such bodies of water is not allowed. All Residents are advised to take proper care and exercise all precautions against accidents in and around the open bodies of water. Please advise your children and guests to exercise exceptional care and caution when in and around any body of water. Management is not responsible for any injuries or accidents connected with the use of any body of water for any purpose.
Fishing and non-powered boating is allowed for Residents but shall be done at Resident’s own risk! Fishing is permitted for Residents only and only in designated areas. Swimming is not allowed at any time!
Violation of any of the Community Rules or Regulations recited herein can result in the termination of Resident’s Lease, as Indiana Code 16-41-27-30, allows Management to eject Residents for the following reasons:
(a) Nonpayment of charges or fees for accommodations;
(b) Violation of law or disorderly conduct;
(c) Violation of a rule of the state department relating to manufactured home parks; or,
(d) Violation of a rule of the park (community) that is publicly posted within the park.
While Management will exert great effort to assure the safety of residents and property, it is not responsible for losses due to theft, fire, accident, or act of God. You, the Resident, are hereby notified that you assume the risk in such matters.
Community Homesites shall only be leased to manufactured home owners. Qualifications for site rental shall be based upon the established credit references of said manufactured home owner.
AMENDMENTS TO COMMUNITY RULES AND REGULATIONS:
Management reserves the right to alter, add or amend these Rules and Regulations from time to time; however, such modifications shall not take effect until written notice thereof has been clearly posted within the community premises, or until written notice has been delivered to Resident.
I HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE RULES AND REGULATIONS SET FORTH BY NEW DURHAM ESTATES HEREIN, FOR THE BENEFIT OF ITS RESIDENTS.
LOT # __________
I, ________________________________________, do herby give permission and authorization for Management of New Durham Estates to check my/our credit and all records concerning rental of a manufactured home site.
Dated the _____ day of _________________, 20_____.