Covenants

Rules and Regulations for the Rio Vista Mahwah Homeowners Association

Effective January 19, 2024

The following Rules and Regulations are set forth by the Covenants Committee in accordance with the Declaration of Covenants, Conditions and Restrictions of Rio Vista Mahwah with the intention of clarification and supplementation of the rules governing architectural and landscaping review, and Covenants issues.  The purpose of the Rules and Regulations is to preserve and enhance property values as well as to promote an exclusive custom home residential community.

1. Home Plan Approval

• New Construction: One set of complete prints of the Home and the Site Plan shall be submitted by the Owner/Builder to the Covenants Committee and their designated Architect for approval.  The Architect review fee will be reasonable.  Prints must include the foundation plan, floor plan, all exterior elevations, location and width of the driveway and projected finish grades following backfilling and landscaping.  Plans shall provide detailed information on exterior finishes and materials such as brick, stone, or stucco siding, roofing, exterior color selection, and the finished surface of driveways.  Construction shall not commence until the Owner/Builder receives a letter of approval from the Architect.

• Additions and Material Modifications: Any material change, such as additions, exterior finishes, etc., of any kind to the existing home must be submitted to the Covenants Committee and to the Architect for re-approval.

2. Landscaping: Landscape plans shall be submitted to the Covenants Committee and Architect for approval of the design of the portion of the yard facing the street before the home is occupied.  Any material changes of any kind made following the approval must be submitted to the Covenants Committee for re-approval.

3. Construction Materials: Only natural materials are to be utilized for the construction of the home and any additions to the dwelling and the property, with the exception of Hardiplank, which must be stained or painted with a color that has been approved by the Covenants Committee and Architect.  Aluminum, vinyl, composition siding (pressed board), including door and window trim, corner boards and porch ceilings are not approved except for the pre-formed roof soffits, leaders, gutters and fascia.

4. Time Constraints

• New Construction: All homes and other structures, including driveways and landscaping, must be completed within eighteen (18) months after the start of construction.

• Renovations and Additions: At the time of submission of plans under Rule #1 for any renovation or addition that will affect the exterior of a home, the site plan for a lot, or the landscaping of a property, the Owner/Builder shall include a request to the Covenants Committee for an allowance of time to complete said renovation or addition. The Covenants Committee shall decide in its reasonable discretion, based upon the scope of the project, the amount of time within which all construction work must be completed. If the Owner/Builder disputes the amount of time for completion as determined by the Covenants Committee, he may appeal the Covenants Committee’s decision to the full Board of Trustees. The appeal shall be submitted by written request care of the Administrator of the Homeowners Association. The Board of Trustees may affirm or modify the time constraint set by the Covenants Committee and shall reduce its decision to writing, setting forth the reasons for such decision. The decision of the Board of Trustees shall be final.

5. Signage: All signs posted must be of a design and location approved by the Covenants committee prior to posting including but not limited to the following:

   1. Security Company: Maximum size of the sign shall be one square foot in area, professionally lettered, and shall be affixed to a wooden post such that the top of the sign shall be no more than two feet off the ground.

   2. Realtors: Approved signs must be professionally lettered and fastened to a four-by-four wooden post.

   3. Builders/Sub-Contractors: There shall be no sub-contractor signs or other signs of any kind displayed on the property.  Builders must remove their signs upon completion of construction.  No-Trespassing:  Not permitted.

   4. Car for Sale: Permitted only if it is displayed from inside the car and only if the car is in the driveway of the property.  The sign may not be displayed in a car that is anywhere else on the property or on the street.

   5. Election Signs: Permitted no more than four weeks prior to an election and must be removed within a week after the election.  Signs must be professionally lettered, standard sized and no more than two signs per property are permitted.

   6. Trees: Posting is not permitted on trees.

   7. Graduation/Congratulatory Signs: Permitted no earlier than May 1st and to be removed by July 1st.  No more than one sign per honoree is permitted.

   8. Party/Event Signs: Celebratory Signs are permitted for the day of the event and must be removed upon completion of the event.

6. Lawn Ornaments: Lawn Ornaments and Seasonal Décor:  Lawn ornaments are not permitted in the front yard of a property or in the side yard if the property is a corner lot, without prior approval of the Covenants Committee.  Ornaments are defined by, not limited to, statuary and objects. Seasonal ornaments are excluded from this requirement provided the same are installed and removed in a timely manner on a seasonal basis.  Inflatable lawn ornaments are not permitted.  Holiday décor and lighting may be installed on or after November 1st, cannot be illuminated before November 15th, and must be removed by January 31st.The Board of Trustees may also exercise their prerogative on a case-by-case basis to determine if décor is neglected or distasteful.

7. Driveways: Completion of a driveway, whether finished or quarry surface, is included in the eighteen (18) month time constraint for home construction and landscaping.

8. Fencing

• Location: Fencing visible from the front of the property, and from the side of the property if the property is a corner lot, is to be of a decorative material.

• Cyclone (chain link) or Stockade Fencing: Not permitted in areas visible from the front of the property and from the side of the property if the property is a corner lot, unless, completely screened by decorative evergreen landscaping and must be of brown or black color.

9. Satellite Dishes: Satellite dishes of approximately eighteen (18) inches or less in diameter may be mounted on a house or roof.  Every effort should be made to make dishes as non-visible from the street as possible.  Dishes larger than approximately eighteen (18) inches in diameter are prohibited unless completely screened by evergreen landscaping.  Satellite dishes for commercial purposes are prohibited.

10. Solar Panels: Solar panels are only allowed following Association Architect approval, Covenant Committee approval and as per NJ Code Section 45:22A-48.2.

11. Commercial Vehicles: No commercially licensed vehicles, boats, trailers, campers, mobile homes or trucks may be visibly parked on any part of the property except temporarily for the purpose of servicing the property.

12. Obnoxious or Offensive Activity: No obnoxious or offensive activities or nuisances shall occur on the property. Any loud or unnecessary noises that disturb the peace of the residents of the neighborhood, including the barking of dogs for more than 10 consecutive minutes at any time of the day or night, loud television, loud music or outdoor parties between the quiet hours of 10pm – 8am, or any activity that disturbs or truly disrupts a homeowner’s ability to  live enjoyably in their home, shall be declared a nuisance and are therefore prohibited. If a homeowner cannot resolve the nuisance with the offending neighbor in a peaceable fashion, the homeowner may file a written complaint with the Board of Trustees.  After a warning letter, repeat instances may result in a fine. All valid laws, zoning ordinances and regulations of governmental bodies shall be observed at all times.

13. Animals: No animals shall be permitted on the property except for household pets.  Please refer to the Township of Mahwah Board of Health Ordinance No. 08-124, attached here.

14. Solid Waste Curbside Pickup: As per Township of Mahwah Ordinance Number 1193 Section 1. 15-7.1: B — All receptacles containing solid waste or recyclables shall be placed at the curb for collection no earlier than 6 pm on the day prior to the scheduled collection date and shall be removed within 12 hours after such receptacles have been emptied, and such receptacles shall be stored in an inconspicuous and sanitary location.

15. Motorized/All-Terrain Vehicles: Use of any gas powered motorized bikes/all-terrain vehicles are prohibited in the Rio Vista Mahwah community.

16. Home Rental: No Home shall be rented for less than 180 days.  A standard lease must be submitted to the Homeowners Association prior to the effective date of the lease.  The homeowner remains responsible for all provisions of the Declaration of Covenants, Conditions and Restrictions of Rio Vista Mahwah.  Either the Homeowner or the renter, but not both, may avail themselves of the amenities of the Association during the course of the lease.

17. Landscaping/Snow Maintenance Equipment: Mowers, leaf blowers and other noise-producing equipment may be used only Monday – Saturday between the hours of 8:00 a.m. and 6:00 p.m.  All work must be completed by 6:00 p.m.  No noise producing equipment can be used on Sundays.  Snow removal equipment is exempt.

18. Timely Response: Any Owner who receives a letter from the Covenants Committee concerning his property must make a timely written response to the Covenants Committee (as specified in the letter.) The Owner’s response must specifically address the issues contained in the Covenants Committee letter.

19. Transfer of Ownership: For the purpose of maintaining an orderly procedure for transfers of title to properties in Rio Vista Mahwah, and to maintain a current, up-to-date roster of homeowners, Owners shall give the Administrator of the Homeowners Association a timely Notice of Intent to list their property for sale or to otherwise transfer ownership of their property.  Prior to closing of title, the Owner shall notify the Administrator of the names and address of the purchasers, along with the name, business address, and telephone number of the purchasers’ attorney. No Owner may sell or otherwise transfer ownership of their property without first obtaining a Payout Letter from the Homeowners Association showing the amounts, if any, of unpaid dues or assessments as well as other charges against the property.

20. Code of General Conduct:  All members of the Association will refrain from personal attacks, verbal assaults, physical aggression, and other forms of harassment and/or intimidation of the Board of Trustees, staff, contractors, repair personnel, landscapers, and other service providers for the Association.  To determine if harassment and/or intimidation is taking place, the Board can evaluate the nature of the unwelcome conduct, the context in which the incidents occur, the severity, scope, frequency, duration, and location of the conduct, and the relationships of the people involved. It does not require that the complaining party suffer psychological or physical harm, only that the alleged harassment and/or intimidation occurred. Disagreements between Homeowners and Board Members or their Staff are to take place in-person at monthly meetings or at a convenient time set by all parties.

21. Fines for Violations: The Covenants Committee has the power to request that property owners comply with the rules and regulations of Rio Vista Mahwah as the same may, from time to time, be amended, supplemented and interpreted.  The Board of Trustees may impose fines for non-compliance on the basis of recommendations of the Covenants Committee. A Schedule of Fines is attached and incorporated herein. In the event a homeowner fails to correct a violation within 60 days after the commencement of the applicable fine for such violation, the Board shall have the discretion to increase the amount of the daily fines in the event of non-payment of same, in accordance with the attached Schedule of Fines.  Any unpaid fines are subject to an annual surcharge at the discretion of the Board of Trustees after 180 days and every 180 days thereafter.

PLEASE CONTACT THE ADMINISTRATIVE OFFICE FOR FURTHER INFORMATION REGARDING COVENANTS ISSUES AND ASSOCIATED FINES