GENERAL REMINDER
Memo from the Board of Directors (BOD) and Architectural Review Board (ARB)
October 2, 2020
The Greenfield Farms Homeowners Association is a non-profit organization formed to provide for and assure the maintenance, preservation and architectural control of the Property (Greenfield Farms Homeowners Subdivision) subject to the Declaration of Covenants, Conditions, Easements and Restrictions recorded at Hillsborough County on November 17, 1999. The bylaws were formed when the development was first constructed and include covenants and restrictions that address tree removal, pools and the requirement to have fences around pools as well as sign restrictions, to name a few. The intention of the bylaws is to contribute to an enjoyable residential experience and to preserve the aesthetic value of the homes within the development. One responsibility of the Board of Directors is to determine whether any of the provisions of the Greenfield Farms Declaration, Bylaws, Rules and Regulations have been or are being violated.
The purpose of this General Reminder from the BOD is to ask for your cooperation in abiding by the bylaws that govern the Greenfield Farms HOA, if you are not already familiar with the bylaws, you may review them at www.greenfieldfarms.com under Board of Directors. While a complete copy of the covenants and restrictions are available on our website, specific concerns pertaining to most homeowners may be found in Article V, General Restrictions (pages 1022 – 1031).
While there are thirty eight (38) provisions in Article V, we would like to address nine (9) in this letter that we believe require residents’ attention. The Board would like to remind homeowners of the following:
- All pools must be approved by the ARB. All pools shall be fenced and located in rear yards or side yards but shall not be allowed in front yards, and otherwise protected in accordance with state and local laws. Children’s wading pools of less than nine (9) feet in diameter shall be specifically exempt from this regulation so long as they are temporary in nature and reasonably shielded from the public and abutting properties view. Fences also need to receive ARB approval prior to installation. (21) and (13)
- Chain link and other bare wire fencing (with exception of ARB approved wire mesh inside split-rail fences) are specifically prohibited. The erection of all fences shall be subject to the approvals of the ARB. (13)
- No trees, measuring in excess of five (5) inches in diameter two (2) feet above the ground shall be harmed, removed, damaged or cut from any Lot without the prior written consent of the ARB. Any and all areas to be cut or harvested shall be marked by the Lot owner with appropriate flagging delineating edge of cut and shall be walked by Owner and ARB prior to the commencement of cutting operations. Any timber, hedge or woody barrier removed in excess of the edge of cut or removed from within the edge of cut once marked for exclusion from cut zone shall be replaced in kind plus a surcharge of 150% of stock cost, at the Option of ARB assessment. In the case of impossibility of replacement due to size, species or the like, then a replacement charge of no less than $500 per plant improperly taken shall be assessed. The ARB may from time to time adopt and promulgate such additional rules and regulation regarding the preservation of trees and other natural resources and wildlife as it may consider appropriate. (14)
- Except for entrance signs, directional signs, signs for traffic control or safety, community “theme areas” and such marketing, promotional or for sale signs as may be developed, maintained and installed by Declarant (DAC Investment Corp.), no signs or commercial, political or other advertising devices of any character or nature shall be erected, posted, displayed, projected or inflicted upon the Premises, in or about any Lot or dwelling. However, one real estate “For Sale” sign may be posted on any Lot. (16)
This is not an attempt to suppress free speech. We have discussed this concern with the attorney representing the Greenfield Farms HOA. The Greenfield Farms subdivision in Bedford, NH is governed by bylaws and covenants and each homeowner agrees to those covenants when they accept a deed in the community. Courts view the covenants the same way they do contract terms. One party to a contract cannot unilaterally decide that some of the terms of the agreement do not apply to him or her. By accepting the terms of the covenants, homeowners willing relent some rights and as such, any “free speech” claim does not overrule the plain language of the restrictions in the Declaration of Covenants, Conditions, Easements and Restrictions of Greenfield Farms (Book 6181, Page 942, Docket 985073 filed in Hillsborough County).
For clarification purposes, the soccer field, parking lot near the soccer field and grass abutting the sidewalks in Greenfield Farms subdivision are owned and maintained by the Town of Bedford. The town has asked that no signs be placed in these areas, you may contact Dawn Boufford at the Bedford Town Offices at dboufford@bedfordnh.org to request removal.
- No burning of any trash, and no accumulation or storage of litter, lumber, building material, scrap metals, refuse, bulk materials, waste, new or used building materials or trash or parts of any character of any kind shall be permitted on any Lot. (4)
- All refuse, recycle, garbage and trash containers must be placed in attractive and suitable walled or screened areas so as to not be visible from adjoining property and/or public roads and ways. On collection days, all containers shall be put out in enclosed containers with secured lids. (8)
- No recreational ATV’s, snowmobiles, snow cats, tracked vehicles, dirt-bikes or like off-road vehicles shall be permitted to operate within the Premises unless so specifically designated by the ARB. (7)
- No temporary structure and no tent (not more than 30 days per calendar year), shack, barn, kennel, stable, shed or other similar buildings or devices shall be erected used or maintained on any Lot, without the prior written consent of the ARB. Clotheslines shall be permitted as long as not in view of street or neighbors. ARB specifically reserves the right to order the relocation of any temporary structure to a less conspicuous portion of the Lot or premises.(15)
- Skateboard infrastructure, climbing walls, permanent temporary ice skating rinks and accessories, archery or gun ranges are subject to ARB standards and approvals. Jungle gyms, swing sets and playgrounds are permitted provided they are located in the backyard of a Lot. (25)
Thank you in advance for your attention and adherence to the covenants and bylaws that help to preserve the quiet, peaceful community of Greenfield Farms. Please contact the ARB at arb@greenfieldfarmsNH.com before making any improvements, additions, or changes to your home or yard to avoid costly rework and potential fines.
If you are interested in serving on the Board of Directors for Greenfield Farms, Bedford, NH, please contact us at bod@greenfieldfarmsNH.com.
cc: Mr. John F. Bisson, Esquire
Cronin, Bisson & Zalinsky, P.C.
Campaign 2020 – No Signs Allowed
Aug 14, 2020
Political views may not be expressed in the form of yard signs or banners on your property or on the road ways to the subdivision. The Master Association Covenants and By-Laws do not permit certain signage in the community. A vote of 75% of all households is required to amend the By-Laws. Until then the Board of Directors will enforce this restriction.
Please remove any signs or notify political campaign organizers to remove them.
Thank you for your cooperation.
Greenfield Farms Board of Directors
Email: bod@greenfieldfarmsnh.com
Declaration of Covenants, Conditions, Easements and Restrictions of Greenfield Farms
Go to: www.greenfieldfarmsnh.com
Reference page 001025
16. Except for entrance signs, directional signs, signs for traffic control or safety, community “theme areas” and such marketing, promotional or for sale signs as may be developed, maintained and installed by the Declarent, no signs or commercial, political or other advertising devices of any character or nature shall be erected, posted displayed, projected or inflicted upon the Premises, in or about any Lot or dwelling. However, one real estate “For Sale” sign may be posted on any Lot.