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Homeowners Manual

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Welcome to the Cliveden Homeowners Association. This manual provides the residents of the Cliveden Homeowners Association with the Association’s operating procedures, existing policies, and rules, which govern our development. Many of these procedures, policies and rules are dictated by either state or local government, while the remainder have been developed by your Board of Directors for the sole purpose of preserving and enhancing both the value of our homes and the quality of our lives.

As a homeowner in the Cliveden Homeowners Association you have a responsibility to abide by the rules and regulations of the Association. Failure to do so could result in financial penalties levied against you and your property. Also, as a member of the Cliveden Homeowners Association you are encouraged to participate in the development of these procedures, policies, and rules. The section entitled “Procedures” describes how you can participate in the governing of the Homeowners Association.

Please familiarize yourself with this manual to avoid any confusion regarding your responsibility to both your neighbors and your community. Your feedback is important to the continued success of the Homeowners Association. Please feel free to contact any of the Board members to ensure your voice is heard. Thank You.



Procedures

General

The Cliveden Homeowners Association is a legally incorporated homeowners association responsible for representing the interests of all homeowners in the Cliveden Development. The Cliveden Development consists of two sections: Cliveden Estates and Eagleview at Cliveden. It is located in the area bounded by Eagle Road, Washington’s Crossing Road and Durham Road in Newtown Township. The Association consists of 139 homes. Eighty-four (84) of these homes are in the Cliveden Estates section with residents on Cliveden Drive, Woodbine Court, and Brookdale Place. The remaining fifty-five (55) homes are in the Eagleview at Cliveden section with residents on Crittenden Drive and Duval Court. For your information maps of the two sections of the Cliveden Homeowners Association development are provided in the front of this manual.

Legal Guidelines

The Cliveden Homeowners Association is a legal entity vested by the state of Pennsylvania with certain powers and responsibilities. The Association was incorporated with the Commonwealth of Pennsylvania on September 11, 1980. The Cliveden Homeowners Association operates under a Declaration of Covenants, Conditions, and Restrictions and a standard set of Homeowners Association BY-LAWS. These documents provide the legal guidelines for the operation of the Association and grant certain powers and authority to the Board of Directors to effectively manage the Homeowners Association. Each homeowner should have received a copy of these documents when you purchased your home. Copies of these documents are available from the Secretary of the Board of Directors. A careful reading of these documents will give each homeowner a clear understanding of their rights, responsibilities and privileges as a member of the Cliveden Homeowners Association.

Management

The Association is a self-managed organization responsible for the maintenance and upkeep of the common areas of the entire development.  The Association is managed by a duly elected five member Board of Directors. Names, addresses and phone numbers of the current Board of Directors are periodically published in the Homeowners Association Newsletter. Each elected Board member serves a two-year term. The Board of Directors meets monthly on the third Wednesday of each month.  The location of the meeting rotates at each Director's house. All meetings are open to all homeowners. Any homeowner desiring to attend a Board of Directors monthly meeting should contact any Board member in advance of the meeting to ensure sufficient space is available. Please feel free to communicate with any Board member on any issue you feel impacts the Homeowners Association.

Elections

Elections are held annually in September for either two or three Board positions. Prior to each election a notice will go out to all homeowners requesting volunteers to run for the open Board of Director positions. Interested homeowners will complete a Candidate Sheet, which provides some general information about the candidate. Once all candidates have been identified, Candidate Sheets will be sent to all homeowners along with an official ballot for the election. Ballots will be mailed to every homeowner during the month of August. Completed ballots can be returned by mail or brought to the Annual Homeowners meeting in September, where the votes will be counted and the results announced. The candidates with the highest number of votes will be elected to fill the vacant positions on the Board of Directors.

Dues

To ensure the proper upkeep and maintenance of the common areas, the Homeowners Association collects dues to offset the cost of maintaining the community.  Based on the anticipated expenses for the operation of the Association a monthly fee is computed for each homeowner. The annual budget, proposed by the Board of Directors, is developed in October of each year and provided to all homeowners in November for their input. After reviewing  homeowner input, the Board of Directors approves the budget in December and a notice of annual dues is mailed to all homeowners. Dues are collected three times each year --- January, May and September. The Association does offer a one-month discount if the entire annual dues are paid in January of the year due. If dues are not paid by the due date, a $15.00 late fee is assessed. Any homeowner who becomes seriously delinquent in the payment of Association dues will be served a civil complaint from the Bucks County Municipal Court.

Financial Statements for each operating year of the Association are prepared during the first quarter of the year following the year of operation. These statements are published in the Association Newsletter which is sent to all homeowners. The statements, an Income Statement and a Balance Sheet, provide the overall financial status of your Homeowners Association.

Fines

In addition to the late fees assessed for the non-payment of dues, the Board of Directors has the legal authority to levy fines for the violation of any of the Association rules or policies. Fines are at the discretion of the Board of Directors and are related to the particular offense. Any homeowner who is in violation of any Association rule or policy will be notified in writing by the Board of Directors of the specific rule or policy violated and the remedy necessary to correct the violation. Any homeowner in violation of any rule or policy will have ample opportunity to address the Board of Directors before any fine is levied.

Once the fine is determined appropriate, the homeowner must pay the fine within thirty days from the date of notification that the fine is due. Failure to pay fines or failure to pay dues will result is a Civil Complaint being filed against the homeowner with the Bucks County Municipal Court. In addition to the fines and/or dues the homeowner will be liable for all court costs incurred by the Association.

Home Sales

Under the Real Estate laws of Pennsylvania every home sold in our development must have a Re-Sale Certificate (PA FORM 5407) included with the settlement papers. This Re-Sale Certificate is provided by the Homeowners Association and provides a certification that all monies owed by the seller to the Homeowners Association have been paid in full. The sale of your home can not be completed without this Re-Sale Certificate. Any monies in arrears will be collected from the seller at settlement. Monies in arrears will include any unpaid dues, late fees, fines, special assessments, etc. If you are selling your home, please have your real estate agent contact the President of the Cliveden Homeowners Association to obtain this Re-Sale Certificate.

Newsletter

In an effort to keep all homeowners informed about the operation of the Homeowners Association, the Board of Directors periodically (usually every other month) publishes a Newsletter called The Cliveden Chat.  A variety of information is included in each issue with the goal of keeping you informed as to what your Board of Directors is doing to maintain the community. Questions regarding the articles in each issue and/or input to any issue should be directed to the Secretary of the Homeowners Association.



Architectural Policy

Forward

The Cliveden Homeowners Association Declaration of Covenants, Conditions and Restrictions and the Cliveden Homeowners Association BY-LAWS provide the Board of Directors the authority to adopt rules and regulations regarding the architectural make-up of the community. The primary purpose of an Architectural Policy is to preserve the integrity of the development, maintain or increase property values and enhance the quality of life in the development. The Board of Directors established an Architectural Policy Committee for the purpose of administering the Architectural Policy. As a resident of the Cliveden Development and as a member of the Cliveden Homeowners Association you are required to obtain approval from the Architectural Policy Committee (APC) for all exterior changes, additions, and alterations to your property.

General Guidelines

It is difficult to list in these guidelines every possible change or alteration to your property that requires approval from the Architectural Policy Committee. In general terms, any addition to an existing building and/or grounds or any exterior alteration, modification or change to an existing building must have the approval of the Architectural Policy Committee (APC) before any work is undertaken. This includes patching or replacing the roof; patching or replacing siding; or any new exterior attached or detached structure. Examples of such changes/alterations would include: a deck, greenhouse, shed, fireplace, fences, retaining walls, etc. If in doubt, please request APC approval using the enclosed Architectural Policy Request Form. Taking the time up front to submit your request will avoid a potential problem after the fact.

Listed below are specific architectural policies for various projects, changes or alterations that you may be planning. Please take the time to familiarize yourself with these policies to avoid any confusion. Should you have any questions please contact the Chairman of the Architectural Policy Committee who is a member of the Board of Directors of the Homeowners Association.

If you make an architectural change, addition, or alteration without the approval of the APC or the Board of Directors, you will be responsible to reverse the change at your own expense. Failure to do so may result in the Board of Directors taking the necessary action to reverse the change and billing all costs to the homeowner. Additionally, any violation of the below policies will be subject to financial penalties as deemed appropriate by the Board of Directors.

Processing Requests

All requests to the Architectural Policy Committee must be submitted in writing using the enclosed Architectural Policy Request Form. Additional forms may be obtained from the APC Chairman.

The description of the project should include all information necessary for the APC to take action. Necessary data should include, but not be limited to, the height, width, length, size, shape, color, materials, and location of the proposed improvement. Photographs and sketches of similar completed projects would aid in the APC’s consideration. If the alteration affects the existing drainage pattern, the proposed drainage pattern must be included.

Keep in mind the homeowner is responsible for obtaining the necessary Township permits for the proposed improvement project. APC approval of the project does not wave this responsibility.

Architectural Policy Request Forms should be submitted to the Architectural Policy Committee Chairman. Upon receipt of Request Forms, the APC will date stamp the form, review the form for completion and notify the homeowner of receipt of the request. Additional information may be requested from the homeowner at this time. Should the APC Chairman or a member of the Board of Directors fail to respond to the homeowner’s request within forty-five (45) days from the date stamped, then the request is considered to have been approved.

After review of the request by the APC, a recommendation is made to the Board of Directors who will make the final determination on the request. Once that determination is made the homeowner will be notified of approval/disapproval in writing.

Appeal Process

If the proposed project is disapproved by the Board of Directors, the homeowner has the right to appeal the findings of the Board. This appeal may be in writing or in person to the Board. The homeowner is encouraged to provide any additional information that may help to clarify the request. Upon hearing the appeal of the homeowner the Board of Directors will make its final determination. The homeowner will be notified of this final decision in writing within ten (10) days of the appeal hearing. Should any homeowner feel that any of the policies approved by the Board of Directors are inappropriate, unjust or unfair, that homeowner has the right to petition all of the homeowners in the Association for a change to the policy. If two-thirds of the homeowners in the Cliveden Homeowners Association agree to the change in policy, the Board of Directors will make the change and apply it to the entire development.



Approved Architectural Guidelines

Listed below are the approved guidelines under which all applications will be reviewed. All sections that require the submission of a completed Architectural Policy Request Form are denoted with an (*) asterisk.

  1. ANTENNAS are not allowed to be erected or maintained on any building or lot
  2. ATTIC FANS AND VENTILATORS are permitted
  3. AWNINGS *
    • Rear of house only
    • Must be canvas, nylon or other fabric. Metal awnings are not allowed. Other materials by Board review only
    • Color must be consistent with the color scheme of the house
  4. BASKETBALL EQUIPMENT *
    • Include proposed location. See Setback requirements.
    • Backboards may not be mounted on the house or garage
    • All poles must include a sleeve insert at the base to aid in stability and facilitate easy removal.
    • Portable units are recommended.
  5. BUILDING ALTERATIONS AND ADDITIONS *
    • Any additions, exterior alterations, modifications or changes to an existing building and/or grounds (other than landscaping) shall be compatible with the design character of the original building.
    • Township permits may be required and are the homeowner’s responsibility.
  6. CLOTHES LINES OR CLOTHES TREES are not permitted
  7. DECKS *
    • APC permission request form must be submitted with construction plans, footings and plot plans.
    • Check with the township on the zoning requirements and any restrictions for your property.
    • All township permits are the homeowner’s responsibility.
    • Decks are to be built in the backyard only.
    • Clear coat preservative as well as color stain is allowed. Painting is allowed, the color of which must be consistent with the color scheme of the house.
    • Metal fencing may not be used as skirting.
  8. DOG HOUSES *
    • One dog house is permitted.
    • Runs or pens are prohibited.
    • Rear yard only, not to extend beyond the rear wall of the house. See Setback requirements.
    • Metal or aluminum dog houses are not allowed.
    • Natural wood or color consistent with the color scheme of the house.
  9. EXTERIOR LIGHTING
    • Appropriate to the style of the home
    • Must be directed in a manner that does not create an annoyance to your neighbor
  10. FENCES *
    • Every effort will be made by the APC to keep fencing as harmonious as possible with the architectural character of the community.
    • Any fence must have the approval of the APC before installation is undertaken. The types of fence that have been sanctioned for our development are, board on board privacy fence and post and rail. Additional fence styles may be approved by petition through the APC to the Board of Directors.
    • No fence will be approved if its installation will obstruct sight lines of vehicular traffic.
    • Chain link or other galvanized metal fencing is specifically prohibited under any circumstances.
    • Survey responsibility is the homeowners. If the fence is not positioned properly, the cost of removal and any damage caused thereby is the responsibility of the homeowner.
    • Township permits and/or licenses are required and are the responsibility of the homeowner.
    • All fencing should have finished material on the side facing outward.
    • Fences are allowed only in the rear yard. If possible, the fence should line up with the rear wall of the home and not extend up the side of the house. Exceptions will be made in this regard, at the APC’s discretion. In all cases, the APC seeks to maintain the overall visual harmony of the development.
    • Clear coat preservative as well as color stain is allowed.
    • May be up to 5 feet in height. This height may be extended an additional 2 feet if lattice is added to the top of the fence.
    • Regarding split rail fences: green vinyl covered wire may be used inside the fence but may not extend above the top of the fence.
  11. FLAGPOLES *
    • Free standing, removable units are allowed
    • 10 foot maximum height
  12. GARAGE DOORS *
    • APC approval is required for all color changes to the external of the house, including garage doors. The board’s decision regarding color changes hopes to ensure that all proposed colors be in harmony with other existing homes in the community.
    • Repainting in the same color does not require approval.
    • Style changes requires APC approval.
  13. GAZEBOS *
    • Wood only
    • Back yard only
    • See Setback requirements.
    • Clear coat preservative as well as color stain is allowed. Painting is allowed, the color of which must be consistent with the color scheme of the house.
    • Metal fencing may not be used as skirting
  14. LANDSCAPING
    • Landscaping work or plantings, in general, do not require approval of the APC. However, care should be exercised in the placement of such landscaping so that it does not interfere with your neighbor, intrude on their property or restrict sight lines of vehicular traffic. Trees, hedges, shrubs that restrict sight of vehicular traffic shall be cut back or removed.
    • The homeowner is responsible for verifying locations of all underground utilities
    • You may not plant, place, store or build in a storm sewer easement
    • You may not plant in a swale or right of way
    • * Retaining walls and grading alterations which change the contour of earth and/or water drainage patterns must be submitted with complete details, including a professional engineering assessment of the proposed project. All costs incurred in this assessment are the homeowner’s responsibility. (Flowerbeds that are less than one (1) foot high and do not affect drainage patterns are considered landscaping)
  15. PAINTING *
    • APC approval is required for all color changes to the external of the house. The board’s decision regarding approval and/or disapproval of color changes seeks to ensure that all proposed colors be in harmony with other existing homes in the community.
    • Repainting in the same color does not require approval
    • Unpainted surfaces and unstained areas such as brick shall remain unpainted and unstained. The exception to this rule is as follows: Exposed basement concrete walls can be painted with masonry paint, which matches the color of the exterior siding of the house.
  16. POOLS *
    • Rear of house only
    • In-ground pools only
    • Township permits are the homeowners responsibility
  17. ROOF MAINTENANCE *
    • Every effort should be made to maintain a uniform appearance to each home’s roof.
    • If patching of a roof becomes necessary, materials should be used that maintain a uniform appearance to the roof. If such matching materials do not exist, the homeowner may be required to replace the entire roof so that a uniform appearance is maintained.
  18. SATELLITE DISHES *
    • 2 foot maximum diameter only
    • Placement in the rear of the house is strongly recommended and does not require APC approval. See Setback requirements. Placement in locations other than the rear of the house is discouraged but will be allowed if technical reasons exist as to why rear placement is not possible. If the proposed location is in a site other than the rear of the house, an APC request needs to be submitted with a professional assessment justifying the proposed location of the dish.
  19. SEASONAL DECORATIONS
    • Can only be displayed 2 months before and 2 months after the holiday
  20. SETBACK REQUIREMENTS
    • Setback requirements from property lines for sheds, swing sets, gyms, gazebos, dog houses, satellite dishes, etc. are determined by the size of the lot. For lots over 10,000 square feet in size the above items must maintain a minimum 12 feet setback from the side and rear property lines. On all other lots the structures must maintain a minimum 6 feet setback from side and rear property lines.
  21. SIDING *
    • Siding must present a uniform appearance. Even replacing the siding with the identical materials in most cases will not present a uniform appearance because of fading and other environmental effects on the existing siding. Therefore, when a section of siding has been damaged, has blown off, or otherwise requires replacement, it may be necessary to replace siding on the entire wall of the home where the damage occurred.
  22. SPAS *
    • Spas must be covered and locked
    • Rear of house only
    • Township permits are the homeowners responsibility
  23. STORAGE SHEDS *
    • Rear yard only, not to extend beyond the rear wall of the house
    • Placement of the shed should be chosen so as not to obstruct the view of the surrounding neighbors or detract from the community. See Setback requirements.
    • Application requests shall show the exact placement on the property as well as the size and shape of the proposed structure
    • Shed construction
      • A concrete pad, secured by footings, for sheds 100 square feet or larger is mandatory. Any shed under 100 square feet in size is not required to have a slab or footings. All foundations must meet township regulations and a building permit is required
      • Construction should be of wood or wood covered with vinyl (not aluminum) siding to conform with the main building
      • Color consistent with the color scheme of the house
      • A permanent floor is mandatory.
    • All sheds meeting the requirements for a foundation must be secured to the foundation per township regulations
  24. STORM DOORS
    • These guidelines apply only to storm doors on the front of the house (no restrictions on doors on the side or rear of house)
    • Only full view permitted (sketch included)
    • Colors-white, almond or the color of the front door the storm door covers
    • * No APC approval is required unless an exception to these guidelines is requested
  25. SWING SETS
    • Only wooden sets permitted
    • Located in the rear yard only, not extending past the rear of the house. See Setback requirements.
    • Swing sets must be maintained in good condition. Rusting or deteriorated equipment must be removed or repaired.
    • Clear coat preservative as well as color stain is allowed
  26. WALKWAYS AND PATIOS *
    • Township permit is required and is the Homeowner’s responsibility
    • No patios in the front yard
    • Patio covers
      • Structural materials used must be in keeping with those used on the existing home
      • Roof shingles to match those on existing roof of home
      • Siding and trim shall match that of existing home
  27. WINDOW FANS AND PORTABLE AIR CONDITIONERS are not permitted
  28. WINDOW REPLACEMENT *
    • Replacement must be the same style and appearance as the original. Style changes require APC approval
    • Color must match