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 last page of these Rules and Regulations.
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.
Under the terms of the lease, residents may keep one small domestic pet per unit of a maximum weight of 30 lbs. No outdoor animals are permitted. This restriction must be strictly adhered to. The spirit of the rule is to recognize small pets as companions to residents of SDF. Before acquiring a pet, the owner or resident must seek approval from the Board in writing detailing the breed, the maximum weight the animal can grow to, and how the pet will be contained at the unit. Breeding of pets is not permitted. Keeping a restricted breed dog requiring a licence is not allowed at SDF. 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. It is strictly forbidden to tie an animal to a rope or chain outside a unit or on the common land at any times. Both dog and cat owners are asked to ensure that their pets do not foul common or private areas and if a pet does do so, 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.
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. The Board currently has a moratorium on any building extensions for an indefinite period. All decisions from the Board are made in the interests of all unit owners. Essentially, the moratorium restricts owners from extending their existing footprint horizontally and extending units vertically, including enclosing porches, balconies and patios. The building footprint is defined by the perimeter of the building plan. A material extension, alterations or addition means that the unit is changing from its original design or shape or its existing condition in a manner that it is adding living space to the owner. Such extensions are strictly prohibited.
Owners are responsible for care and pumping of cesspits. The care of cesspits includes, but is not limited to, cleaning, repairs and replacing the cesspit cover. Costs are shared between users of the cesspit.
CCTV CAMERAS AND ALARM SYSTEM
The Board encourages all unit owners to consider investing in a small CCTV camera system and/or alarm system to protect their individual units. SDF is equipped with a camera system that is evolving and events can be reviewed as required. Please contact a Board member should the need arise.
COMMON AREAS and ARBORETUM
The property at Southdown Farm lends itself to the enjoyment of a multitude of outdoor activities. Whether it is a backyard BBQ, a leisurely stroll or jog around the Farm or simply reading a book while sitting under a shady tree, being outdoors can be therapeutic. The lease states that no tenant shall make or allow any person or child under his control to make any undue noise in or about the said premises or (in respect of any part of Southdown Farm used in common with others) play therein or thereon.
The spirit of the clause from the lease is to disallow any form of team/organized play which would create undue noise. For all activities however, residents must make a conscious effort to avoid creating undue noise which may disturb other residents. The impact of undue noise is different for all residents as certain units are built very close to the Arboretum and others are built away from it. With that in mind, the kicking of balls against a wall, playing cricket, baseball (any sports involving a bat) or the bouncing of a basketball on a hard surface or roadway can be very annoying and consequently such activities are not allowed in common areas. While organized football/soccer play is not allowed, the kicking of a football amongst a maximum of two persons including one supervisory adult is allowed but no shouting or loud sounds permitted. For sporting activities requiring more than two people, please proceed to the nearest park or open field outside the condominium development.
However other family fun activities which may be enjoyed on our open spaces/common areas include frisbee throwing, family picnics, playing catch, easter egg hunt, bug and scavenger hunts, to name a few.
The use of the Arboretum for accepted family activities is limited to 9am until 7pm daily. No activities should be undertaken which would damage the trees or plants on the common land. Barbeques are not permitted in the common areas. No vehicles, goods or other items shall be placed in the common areas 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. It is also forbidden to use tarpaulin material to cover any personal assets anywhere on the Farm, or on balconies or patios.
Children should not be allowed to make excessive loud noise in the common areas and must always be supervised.
Complaints of undue noise should come from at least three households in written form made to the Directors.
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.
Non-permanent small garden sheds (1 per unit) not exceeding approximately 200 cubic feet are only permitted in private common areas subject to Board approval following a written request. The shed must be erected on stepping stones, and positioned in a location that is not obstructing the view of the adjacent unit or any other unit on SDF.
It is the responsibility of each owner/resident to properly dispose of your household garbage at our central facility (the Piggery). Regular and recycling garbage should be in closed and tied plastic bags and placed in the proper dumpster inside the Piggery. ALL CARDBOARD BOXES SHOULD BE BROKEN DOWN AND FLATTENED. There are four regular dumpsters for household garbage and one for recycled garbage. Should you notice that the dumpsters are severely overflowing, we are asking that you keep your garbage at home until the garbage is collected. The Government will do the collection on a weekly basis but they are not always consistent in their collection schedule.
Please do not leave any garbage outside the Piggery and/or your unit. Rats, mice, birds and other animals may invade the bags and cause litter and other health problems.
If the door is malfunctioning, please email email@example.com and report the problem so that the Board can take remedial action in repairing the door.Owners and residents must dispose of all bulk household items such as old furniture, air conditioners, appliances, windows frames and shutters, sinks, toilets etc. at the appropriate Government Waste Management Facility, either at Tynes Bay on Palmetto Road or at the Airport. PLEASE do not put such items in the Piggery.
The Piggery door is remote controlled. To open the door, enter 1-2-3-4 and press the ENTER key. To close the door, simply press ENTER. Please leave the Piggery door closed at all times.
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 and cut / trim any such trees, plants or shrubs that are on private or shared common land without consultation with the Gardening Director. 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.
Building and outside plant insurance is covered in the monthly maintenance fees. The present policy is placed with Argus – a copy of the policy has been sent to you by email. 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. Argus currently (August 2020) give preferential rates to SDF owners/occupiers in respect of Contents, Car, Yacht & Motorcycle insurance. They will provide each owner/occupier with free contents insurance up to $30,000 for the first year of cover with Argus, offer a 10% discount on car insurance and 5% discount on yacht & motorcycle insurance, subject to their underwriting guidelines.
Click here for the procedure to be followed in the event of a claim.
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.
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.
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 the Maintenance Director before any costs are incurred. No bills will be paid by the Board unless prior approval has been obtained for the work.
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.
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.
Southdown Farm is a unique development in that most units enjoy the use of a private garden area specific to that unit, but each building is in reasonable close proximity to the next. Some units are adjacent to the other, others are stand alone, and some units are above the other one. Whether or not units adjoint another unit (s), Residents must at all times be respectful of other Residents.
Ordinary neighborhood noise is expected, but Residents may not:
- Give music lessons, singing loud or any other activity that could disturb other Occupants
- Play any piano, other musical instrument, amplifier, stereo system, television or any other device in such a manner as maybe reasonably objected to by any Occupants of adjacent or surrounding Units
- Make or permit any adults, children or pets under the Occupants control to make any unreasonable noise or engage in any offensive behavior in or about the Unit, other Units or in any common areas of Southdown Farm.
- Allow continually barking dogs
- Engage into unreasonable noisy outdoor/indoor parties that may be undertaken during the day, and/or when neighbors can be expected to be sleeping.
All Residents of SDF owning a vehicle (car and/or motorbikes) need to conform to Transport Control Department rules and regulations with respect to noise level and emissions. Residents experiencing problems with outdoor or indoor noise should contact the neighbor and make their complaint directly. Please remember – Board members are not policemen and should not be expected to settle conflicts between neighbors. Please use common sense when dealing with noise issues as everyone has a different tolerance level with regards to what can be considered a nuisance. Residents are entitled to enjoy their Units (outdoor and indoor) with reasonable peace, comfort and privacy while allowing others to enjoy the same. If agreement cannot be reached amicably, the matter may then be sent to the Board.
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. The replacement 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.
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 except for 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 curb side where possible. No parking is allowed on the arboretum.
With electric vehicles becoming more popular, owners may wish to install a plug-in charge station for their vehicle. Such installation will require Board approval as the parking space will be dedicated to that unit alone. All costs related to the installation of the charge station, including the cost of repairing any alteration to SDF’s existing pavement will be the responsibility of the Owner.
PLUMBING / PUMP ROOM
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 (please also refer to the Water – Well section for more details). Fresh water pumps are the responsibility of the Owners. If in doubt, call 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.
It is the responsibility of the Owners and Tenants to gain a full understanding of the plumbing in their unit and pump room. Valves should be properly labelled and tested on a timely basis to ensure they function in the event of an emergency or when they are required for plumbing repair. Valves controlling the flow of well water should also be properly labelled. Well water by nature has a salted content and will eventually corrode metal valves. We recommend all valves to be made of PVC.
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 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 at the owner’s expense at a cost of $10 per key. The master keys are kept in the office at the Piggery. If keys are lost or you need an additional key, please email firstname.lastname@example.org and one of the Directors will make arrangements to have a duplicate key cut.
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 inform your neighbour 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.
Below are examples of internal/external improvements:
– Kitchen cabinet replacement, counter top and appliances
– Floor replacement (tile, wooden) and carpet replacement
– Interior door replacement
– Air conditioning replacement or add-on (window air conditioning units are strictly prohibited)
– Bathroom vanities, bathtubs, standing showers, sinks, faucets and toilets.
– Banisters, staircase railing replacement.
– Windows / exterior doors replacement must be similar size and style that is consistent through SDF such as colonial windows. SDF has an old Bermuda style appearance that is to be maintained. The cost for skylights replacement or removal is also the responsibility of the owner.
RENOVATIONS – INTERIOR/EXTERIOR (minor in nature)
The moratorium restricts owners from adding any new footprint to their unit horizontally and extend vertically, however, certain interior structural alterations and modifications may be considered by owners. Those alterations will require approval in principle from the Board, before proceeding with obtaining proper relevant Department of Planning approvals. Any proposed project must maintain the structural integrity of the unit and the adjacent unit. The Board will assess the project based on preliminary drawings from an architect and surveyors report.
Examples of such projects are listed below but are not limited to the following:
– Adding, moving or removing a wall or a portion of an internal wall.
– Adding a new window to a Unit or increasing the size of an existing window.
– Converting an existing room into a bathroom
– Converting two adjacent bathrooms into one
– Rerouting of external plumping pipes
– Replacing balcony railing or concrete balustrade other than with the accepted traditional PVC railing. The Board’s responsibility is to ensure that the railings are within acceptable styles in comparison to other units. In the event of the balcony railing being unsafe, SDF will replace the railing with PVC or like material or reimburse the owner with an equivalent cost.
– Adding a bathroom in an existing room
– Pergolas add-on or replacement (the cost of replacement of rotten pergolas is the responsibility of the owner)
RENOVATIONS – LANDSCAPING ALTERATIONS AND MODIFICATIONS
Owners must first liaise with the Gardening Director to share and discuss project ideas. Any landscaping alterations and modification must be kept in line with the general and accepted appearances and layout of SDF. The Gardening Director will seek final approval from the Board once the project is mutually agreed in principle.
– Planting of trees (new or replacement)
– Planting of permanent shrubs
– Pathway modifications, redesigns or add-on
– Fence / wall erecting
– Hedge planting or replacement
– Rock Garden add-on (The maintenance of a rock garden is the responsibility of the owner. If the rock garden is not maintained properly and it becomes an eyesore to the neighbourhood, the Board may ask the owner to remove it)
– Installation of personal hot tubs
Please contact the Maintenance Director if you have a roof leak or dampness appears on any interior ceilings immediately so that the necessary repairs can be made.
SIGNAGE / SOLICITATION
No other signage other than the ones approved by the Board can be erected in SDF. The Board does not support any form of solicitation on our premises. Please inform anyone that is trying to solicit at your unit accordingly. Temporary signage such as yard sales should not be displayed for more than two days.
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.
Bermuda must shelter from severe storms / hurricanes on occasions. As such, all units should have functional storm shutters installed on each window, where this is possible. Owners may elect to also board some access doors or vulnerable openings with wood or other material to prevent damages to their properties. This is acceptable if the boarding materials are removed within 7 days once the storm has passed. Other storm related materials used to secure your property such as taping your windows or using products such as Armor Screen or roll blinds must be removed within the same time frame.
f 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 downloaded by clicking here. The completed form should be submitted to the President of 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.
No sub-let may be for a shorter period than 6 months. All tenants are subject to the same rules as owners.
Short term lettings, such as those through Airbnb, are not permitted.
Download a copy of the application form on the website.
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.
SDF will however reimburse the owner for the time required to repair structural damages and materials located in tanks providing that the work is carried on exclusively for the repair of the damages together with a maximum replenishment of two loads of water. If the service provider also performs cleaning of the unit tank at the same time, SDF will only repay half of the invoice as the cost of maintaining proper sanitation and cleaning of the tank is the responsibility of the owner.
WATER – WELL
Well water is supplied by the Company to all units, owners may choose to use it or not. The Company is responsible for the repair and maintenance of the water pipes from the pump station to the entrance of the owner’s pump room. The cost of plumbing (including proper shut valves) for fitting the well water to your pump system is the responsibility of the owner. Should the owner perform repair work to their plumbing system and inadvertently damage the well water pipes outside your pump room, then the owner will be responsible for the cost of repair. Owners may wish to use the well water to operate their toilets and in some cases laundries. SDF is not responsible for any damages to appliances using well water. If problems are experienced with well water, after checking with your neighbour to ascertain that it is a well problem, please contact the Maintenance Director immediately.
Please check that all toilets are working properly and not running constantly – this will burn out the pump
The Board encourages all Owners to use the web site for notices and up-to-date information. 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.
“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 common area, if any.
“common areas” means all those areas of the property not specifically leased to Owners.
“private common area” – a common area not shared with any other unit“
“shared common area” – a common area shared with one or other units