Southdown Farm Rules    


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The following Rules and Regulations complement the covenants and provisions of the leases between Southdown Farm Limited and the Owners. Some items are taken directly from the lease and expanded upon and some are given for information and guidance to promote peaceful coexistence for all those living on Southdown Farm.
For explanation of definitions used, please see the bottom of this page.

ACCOUNTS

The accounting records of the Company are maintained by TST Management Ltd. Annual Financial Statements are produced for the Company for each financial year ending on July 31st. These are then circulated and presented to the Owners prior to the Annual General Meeting and ratified at that Meeting.

ANIMALS

Under the terms of the lease, residents may keep one small domestic pet per unit of a maximum weight of 30 lbs. This restriction must be strictly adhered to. Breeding of pets is not permitted. Dogs should not be allowed to roam freely on the property and must be kept on a leash when being walked or anytime they are outside the unit. Both dog and cat owners are asked to ensure that their pets do not foul common or private areas and if a pet does please have consideration for other residents and remove the faeces. Should any resident encounter any kind of nuisance from a neighbour’s pet, please advise the offending neighbour and discuss the matter privately between you. If agreement cannot be reached amicably, the matter may then be sent to the Board.

BUILDING EXTENSIONS

Please note that when purchasing leasehold property, an Owner has not acquired title to any land but rather equal shares in the Company which owns the land. Since any units with a potential for expansion have already been realized, the Board has put a moratorium on any building extensions for a period of five years from January 2013.

CESSPITS

Owners are responsible for care and pumping of cesspits. Costs are shared between users of the particular cesspit.

COMMON AREAS

No picnics or barbeques are permitted in the common areas. No vehicles, goods or other items shall be placed in the common areas so as to interfere with the access to or from any part of the property. No resident shall disconnect, tamper with, alter or repair any electrical circuits, cables, well pump or pipes in the common areas. Privately owned children’s play equipment, barbeques, boats, chairs, tables or any other personal items placed on any common areas will be removed and disposed of at the Owners’ expense.

Children should not be allowed to make any undue noise in the common areas and must be supervised at all times. The playing football or any other form of ball game in the common areas, including all roadways, is strictly forbidden.

ELECTRICITY

All bills for road lighting and electrical supply to well pumps are separately metered and are paid by the Company. Electricity for fresh water pumps is an Owner / Owners expense.

GARBAGE

Garbage is collected on Monday and Thursday. Regular and recycling garbage should be placed in closed and tied plastic garbage bags at the roadside before 8:00 am on the prescribed day. If one of these days falls on a Public Holiday, please take your own garbage to the Piggery located on Southdown Close, or keep it inside your unit until the next available collection day. There is no garbage collection on any Public Holidays. There is a separate dumpster for “blue bags” and regular garbage and recycling products should not be mixed.
PLEASE do not put garbage out the evening before a pick up day or over the weekend because rats, mice and cats invade the bags and cause litter and other health problems.
Periodic special collection days are arranged by the Board with the Public Works Department for the disposal of heavy bulk household items such as old furniture, air conditioners, appliances, windows frames and shutters, sinks, toilets etc. PLEASE do not put such items out with your garbage or leave them inside the Piggery.

The Piggery door has an electric opener : code is 1-2-3-4 ENTER key. Please leave the Piggery door closed.

GARDENING

The Board contracts a private local landscape company to maintain the eleven and a half acres of the property, which is carried out by phases once a week on a Wednesday. The cost of the gardening is born equally between the Owners. In accordance with the growing season, the schedule is divided into summer months (May through October) and winter months (November through April) and covers grass cutting and trimming, hedge and tree trimming, common flower bed weeding and debris removal. Residents are not permitted to plant any trees, plants or shrubs without consultation with the Gardening Director and private flower beds and gardens surrounding individual units are the responsibility of the residents and will not be maintained by the gardening company. Please advise the Gardening Director if you have any garden clippings you wish to be picked up and the gardeners will be advised to do a pick up on their next visit. Please do not approach gardeners directly and any questions or problems should be forwarded to the Gardening Director. Should a resident wish to have additional gardening done at their unit, please contact the company directly to arrange separate billing for your own account. Extra gardening ordered by residents will not be paid by the Company.

INSURANCE

Building and outside plant insurance is covered in the monthly maintenance fees. The present policy is placed with Colonial Insurance Co. Ltd., from whom a copy of the policy AND the attaching endorsements can be obtained. The rates are monitored by the Board on a regular basis and from time to time competitive quotes are sought. Unit contents are not covered and should be contracted through the insurer of choice by individual owners.

Click here for the procedure to be followed in the event of a claim.

LAUNDRY

Under the terms of the lease, it is not permitted to use individual washing lines. No clothes shall be hung up or from any windows or balconies and no carpets rugs mats or other household material may be shaken from windows or balconies.

LEASE

The Southdown Farm lease contains important information that outlines the formal duties and responsibilities of both Southdown Farm Limited (referred to as “the Landlord”) and the Owners (referred to as “the Tenant”). Owners wishing a copy of their lease must do so through their own attorney at their own expense.

MAINTENANCE ACCOUNT

An analysis of maintenance costs is presented to each Owner on an annual basis. The fees collected are budgeted to meet the expenses of the property. Insurance and painting for each unit is assessed on square footage. All other expenses are shared equally between all units. These include gardening, road maintenance, accounting, garbage collection, outside plant repairs, maintenance of four wells (plumbing) electricity, legal, bank and company fee charges and miscellaneous expenses. If Owners are in doubt as to whether a job is covered by maintenance, please contact either of the Maintenance Directors before any costs are incurred. No bills will be paid by the Board unless prior approval has been obtained for the work.

MAINTENANCE FEE

Maintenance fees are due in advance on the 1st day of each month and are payable in Bermuda Dollars by direct deposit or standing order to:

HSBC Bank of Bermuda Limited,
Account Number 010-007177-001
Account Name Southdown Farm Ltd

Owners who have not made their payments by the middle (15th day) of the month and whose accounts are therefore in arrears will have a $25 late payment fee added to their accounts, unless they have an agreed payment plan with the Treasurer, to which they are keeping.

Once maintenance fees are 2 months or more in arrears, lawyers will be instructed and any legal fees incurred will be charged to the owner’s account.

MANAGEMENT

A Board of Directors is elected every year at the Annual General Meeting to manage the affairs of the Company. All Owners are encouraged to participate and may submit their name for election to the Board prior to the AGM. Within the Board of Directors, individuals are nominated to manage maintenance, gardening, accounts and painting. Please consult the web site for current slate of Directors and portfolios. All members serve voluntarily on the Board and the positions are unpaid.

NOISE

Southdown Farm is a unique development in that each unit enjoys a private garden area specific to that unit but each building is in reasonably close proximity to the next. Ordinary neighbourhood noise is expected but continually barking dogs, loud stereos, noisy outdoor parties and screaming children is not acceptable. Residents experiencing problems with noise should consult the Southdown Farm Directory and contact the neighbour and make their complaint directly. Please remember – Board members are not policemen and should not be expected to settle conflicts between neighbours. If agreement cannot be reached amicably, the matter may then be sent to the Board.

PAINTING

The repair and painting of all exterior unit walls and roofs is done on an “as needed” basis and by phase. The painting is arranged and monitored by a property consultant, hired by the Board. Shutters, doors and windows are the responsibility of Owners. In order to maintain a uniform look throughout the property, Owners are required to use PVC replacement shutters, doors and windows. Owners wishing to keep wooden shutters and windows will be charged extra at ten per cent over the cost price for labour and material. Cedar doors are the responsibility of the Owner but must be maintained on a regular basis and if they are not maintained and fall into disrepair, Owners will be asked to replace them. If the Board requests an Owner to replace shutters and/or windows prior to the painting of the unit and the replacement is not carried out in a timely manner, the Board will make such replacement as necessary and bill the Owner’s maintenance account accordingly at ten per cent over the cost price.

PARKING

There are no specific marked bays on the property but residents should use common sense when parking their vehicles. There is only one car allowed per unit with the exception of the Owners that had a light truck for business purposes and parked on the property before the Board ruling in MAY 2006 banning future residents’ heavy trucks on the property and before the Board ruling in 2008 banning 2nd vehicles. No trucks, vans or other commercial vehicles may be parked on the roads or grounds of the property other than for the purposes of trade pick up and delivery during normal business hours. Vehicles contravening this rule will be clamped. Cycles should be parked in bays that are marked or along the curbside where possible.

PLUMBING

Internal plumbing problems such as blocked drains, overflowing toilets, etc. are the responsibility of the Owner and repairs should be arranged and paid for directly by them. The Company pays to maintain the four well water pumps and lines. Fresh water pumps are the responsibility of the Owners. If in doubt, call either of the Maintenance Director. No bills will be paid or reimbursed by the Company unless approved by a Maintenance Director in advance of work being done.

POST BOXES

Owners and residents are required to have their unit number added to their mailing address as this is crucial to the proper delivery of mail to the post boxes. All mail is now delivered to the Southdown Farm Mail boxes at the entrance and there is no mail delivery to individual units. All owners have been issued with a key to their unit box and additional keys may be cut by the owner at their expense. If keys are lost, one replacement key will be issued by the Company at a nominal fee.

RENOVATIONS – INTERNAL

Owners wishing to make any internal improvements to their unit, where the unit adjoins another but does not require Planning permission, must first secure the agreement in writing of the adjoining unit Owner and subsequently advise the Board. No such work should commence before 7:30 am and must cease by 6:00 pm and must only be carried out on weekdays. Should any damage occur as a result of such renovations or improvements, Owners will make good such repairs as necessary at their own expense. Owners must have all surplus building material, debris or trash resulting from any renovations or improvements disposed of by the contractor and not left on the property. Owners must accept full responsibility for the quality of work done to the unit and safeguard the Owner of the adjoining unit against any building defects.

ROOF LEAKS

Please contact either of the Maintenance Directors if you have a roof leak or dampness appears on any interior ceilings immediately so that the necessary repairs can be made.

SPEED BUMPS

Speed bumps have been installed for the safety of all residents and in particular young children. Parents should be reminded that it is not safe for their children to play, unescorted, on the roadways.

SUB LETTING

If you intend to sub-let (rent) your unit, under the terms of the Head Lease you are required to first obtain permission from the Board. Owners wishing to sub-let must complete the necessary form, which can be obtained from the company secretary Penny Cox (pcox@wq.bm) at Wakefield Quin or downloaded by clicking here. The completed form should be submitted to the Board for approval at least two weeks prior to the intended occupation. The sub-tenant may not move in without prior permission having first been granted.

Download a copy of the application form here.

WATER - FRESH

Replenishment of fresh water is the responsibility of the resident. Where more than one unit shares a tank and a pump, the residents should mutually agree on a method of sharing the cost of buying water when necessary. Please check water levels at regular intervals and turn valves shut before a tank runs dry. This will ensure that the pump does not pump dry, overheat and possibly burn out. If there is a pressure switch installed in the system, the pump may require priming if the system has been allowed to run dry. The cost of calling the plumber to re-prime the pump is the responsibility of the resident and will not be paid for by the Company. The cost of repairs to and/or periodic cleaning of water tanks is the responsibility of the Owner, the cost of which will not be paid by the Company.

WATER - WELL

Well water is supplied by the Company to toilets and in some cases laundries. If problems are experienced with well water, after checking with your neighbour to ascertain that it is a well problem, please contact either of the Maintenance Directors immediately. Please check that all toilets are working properly and not running constantly – this will burn out the pump.

WEB-SITE

Southdown Farm has a web site (www.SouthdownFarm.com) which was designed by Richard Woolnough at Bespoke Solutions. The Board wishes to encourage all Owners to use the web site for notices and up-to-date information. Richard Woolnough is responsible for maintaining the site. Any newsworthy items or ideas on increasing the potential of the site will be welcomed.

The Board welcomes all constructive ideas that could be made for the general well being of Southdown Farm and we would be pleased to hear from you.

August 2016


DEFINITIONS

  • “the Company” means Southdown Farm Limited
  • “the Board” means the Board of Directors of Southdown Farm Limited.
  • “the property” means the land and buildings owned by Southdown Farm Limited including the common areas.
  • “the Piggery” means the small building at the bottom of Southdown Close used to house the garbage dumpsters emptied by Works & Engineering collectors each week.
  • “Owner/s” means a person or persons currently holding leases from Southdown Farm Limited and holding shares in the Company.
  • “resident” A resident is defined as:
    (a) an Owner normally resident on Southdown Farm and his/her immediate family
    (b) a tenant under an approved sub-lease and his/her immediate family normally resident under that sub-lease agreement
    (c) an Owner of an unoccupied unit and his/her immediate family
    (d) guests of the resident including house sitters, living in the unit but who are not considered normal residents
  • “tenants” means those persons holding approved sub-leases from Owners
  • “managers” means any company or individual for the time being appointed by Southdown Farm Limited to manage the property or any part thereof.
  • “the Lease” means the lease between Southdown Farm Limited and an Owner.
  • “unit” means each individual dwelling and its designated private amenity area.
  • “common areas” means all those areas of the property not specifically leased to Owners.

To download a complete version of the Rules and Regulations, please click here for a Word document.


Contact us at response@SouthdownFarm.com



Construction and maintenance of this site by Bespoke Solutions Ltd to SDF Ltd.