Indian Lake Association, Inc
Rules and Regulations
Effective May 20, 2012
Indian Lake Association, Inc. ("ILA") is a private Homeowners Association sharing common property including roads, a lake, a pond, beaches and tennis courts. Established in 1980, it has always been a community in which its members share common concerns and work together to protect common property. The ILA community is governed by Covenants, Bylaws and Rules and Regulations.
USE OF COMMON LAND
1. Use of the Common Land, structures, improvements and facilities thereon is limited to ILA homeowners and ILA lot owners and to their guests as described below.
- A "house guest" is defined as a person(s) who is the recipient of hospitality at the home of an ILA homeowner.
- A “non-house guest” is defined as a person(s) who is the recipient of hospitality at the home of an ILA homeowner who owns, leases or rents property within two miles of Indian Lake.
- An ILA homeowner may invite both house guests and non-house guests to use ILA common property. House guests may use ILA common property unaccompanied by the ILA homeowner. Non-house guests must be accompanied by the ILA homeowner when using ILA common property.
- An ILA lot owner and his/her family may use the common property without restriction.
- Where a lot is owned by more than one family, a trust, or a corporation, the ILA Board must receive in writing the designation of the single family which is entitled to use ILA common property.
- Lot owners are prohibited from permitting any guests to use ILA common property if those guests live, reside, lease or own property within two miles of the ILA community.
- Lot owners must accompany guests who live beyond the two mile limit when using ILA common property.
- Failure of a lot owner to abide by these provisions of the Rules and Regulations, consistent with the Covenants in Article IX granting the Board of Directors authority to adopt Rules and Regulations, may result in the suspension of the lot owner’s right to use the common property or to be financially penalized. A violation of any of these rules will result in a warning after the first occurrence and a penalty of $250.00 for each subsequent violation.
2. No permanent or temporary improvements, structures or facilities shall be placed upon any part of the Common Land of the Association without the prior written approval of the Board of Directors. Improvements shall include but not be limited to docks, stationary rafts, boardwalks, sheds, game areas, etc.
3. Any alterations to the Common Land including but not limited to cutting, clearing, digging or removal of vegetation of any kind are prohibited without the prior written approval of the Board of Directors.
4. Litter on the Common Land is prohibited and anyone using the Common Land and improvements thereon must restore the condition of same to its natural state after each use.
5. Fishing from Common Areas typically used for swimming including beaches, boat docks, etc., while others wish to swim in the same area is prohibited.
6. No Coleman stoves, barbecues or similar devices shall be used on and no fires shall be started on the Common Land without the prior written approval of the Board of Directors.
ILA owners who wish to rent their homes must notify the ILA Board in writing of their intent by filing a “Notification of Rental Agreement” form. The form is available on the ILA website.
- Each renter/homeowner will be required to pay a refundable, non-interest bearing deposit to the ILA in the amount of $500.00
- It is the obligation of the owner both to inform the renter of all ILA governance (Covenants, Bylaws, Rules and Regulations) and to assure compliance.
- The renter must comply with all ILA governance (Covenants, Bylaws and Rules and Regulations).
- This form may be given in person to any Board member or mailed to Indian Lake Association, P.O. Box 567, Becket, MA 01223. No rental agreement may be for less than thirty (30) continuous days.
- Failure to comply with the ILA Rules and Regulations including advance notification may result in the suspension of the renter’s privileges to use ILA common property.
- If the “Notification of Rental Agreement” form is not submitted, the homeowner will be fined $500.00 for each occurrence.
CUTTING AND REMOVAL OF TREES AND SHRUBS
Cutting or removal of live trees and/or woody undergrowth within fifty (50) feet of the lot perimeter including lake front is prohibited, except that a driveway leading to a home not exceeding twenty (20) feet in width may be cleared provided such driveway is not less than twenty-five (25) feet from any side or rear lot line.
- The maximum cleared area of any lot shall be no greater than 10 times the ground floor area of the home.
- The cutting or removal of trees on undeveloped lots is prohibited.
- Violations may result in the owner being required to replant.
- Any alteration of ILA common property is strictly prohibited unless approved by the ILA Board.
All construction, reconstruction or change of the exterior of a structure must be approved in advance by the ILA Board or its designated committee.
- Temporary structures such as trailers and tents are prohibited.
- The exterior of a home must be completed within six months after construction begins.
- Structures, improvements or other facilities cannot be located within 50 feet of the lot perimeter.
- All structures of a permanent nature require prior Board approval.
- Outdoor basketball courts, tennis courts and swimming pools are prohibited.
- Blacktop/concrete driveways are prohibited except under special circumstances approved by the Board in writing.
Failure to do so may result in a daily fine.
HOME ALARM SYSTEMS
Members must file an “Alarm Registration” form with the Town of Becket Police Department if their house has an alarm system.
Home Alarm Systems with outside sirens must shut off automatically after seven minutes.
The lake and pond of ILA are the community’s most precious assets. Care must be taken to protect them.
- Non-electric motors are not allowed on the lake or pond.
- All boats must have two ILA approved stickers affixed to the sides.
- Outside boats are not permitted at any time.
- Boats must be stored at approved designated areas.
- The use of all chemical fertilizers and detergents using phosphates is strictly prohibited.
- All boats must be thoroughly washed prior to use in our lake or pond if they have been used elsewhere.
- Beach and boat dock users must remove (not discard into woods or lake) all debris and garbage when they leave.
Indian Lake is a family community with private roads.
- Excessive speed is dangerous for people and destructive to the ILA roads.
- The speed limit is 15 miles per hour.
- Caution when driving on ILA roads should be the rule.
- No snowmobiles, all-terrain vehicles, motor cycles, motor tricycles or motorized trail bikes or similar vehicles are permitted.
Pets must be kept on a leash when on ILA property, and must be otherwise contained when on the owner‘s property.
- Pets are not permitted at the beaches when people are there.
- Animal wastes must be promptly and completely removed by the pet owner.
To protect ILA roads, March 1 to May 15th is designated "Mud Season."
- Construction or excavation is prohibited during the above period without the written consent of the ILA Board.
- No heavy trucks or equipment may use ILA roads for purposes of construction, excavation, garbage pickup or repair. This includes, but is not limited to, well drilling equipment, cement trucks and the delivery of building materials, during the above period without prior written approval of the ILA Board. This prohibition does not apply to emergency vehicles, fuel delivery, garbage pick-up by small pick-up trucks or such circumstances as may be permitted by the Board by acting on specific requests.
- Should weather conditions warrant, the dates of the "Mud Season" may be altered by the ILA Board.
Garbage and trash must be kept indoors.
- Garbage set-out for collection must be placed in secure containers.
- Owners are urged to remove these containers from the end of their driveways as soon as possible, but in no event shall such containers be permitted to remain at the end of their driveway past the weekend after set out for collection.
- Burning of papers or rubbish is strictly prohibited at all times.
- Construction, repair, maintenance, splitting or cutting of wood, mowing or other work involving noise shall not be conducted between the hours of 8 p.m. and 7 a.m. on weekdays and between 8 p.m. and 8 a.m. on weekends.
- Excessive noise, music, parties or other activities which interfere with the comfort of other owners is prohibited.
ANNUAL COMMON CHARGES
The annual ILA Common Charges are determined by the ILA Board based upon the needs of the ILA community.
- The Common Charges notices are mailed on or about January 1.
- Common Charges are due to be paid by January 31 or at such time as the Board shall determine.
- Owners will be charged a penalty of 18% per annum on unpaid Common Charges after the due date.
NOTIFICATION OF THE SALE OF PROPERTY
It is the obligation of all ILA owners to notify the ILA Board of any sale involving their ILA property.
It is also the obligation of the owner/seller to inform the buyer about the Covenants, Bylaws and Rules and Regulations of ILA.
In order to prevent erosion and properly maintain the Association’s roads, it is necessary that the culverts which lie beneath many of the driveways leading into individually owned lots be periodically inspected and cleaned.
- The Association, at its expense, will periodically conduct, or arrange to have conducted on its behalf, an inspection of culverts traversing driveways into individually owned Lots.
- If, in the opinion of the Board, or its duly authorized Committee, the inspection reveals that a culvert is in need of maintenance, repair or replacement, the Board or its duly authorized Committee will give written notice to the lot Owner as to its findings (“Notice to Repair").
- The Owner shall then have 30 days from the date of mailing the said Notice to Repair, to maintain, repair or replace the culvert in accordance with the Notice to Repair.
- Upon the lot Owner’s failure comply with the foregoing within 30 days from mailing of the Notice to Repair, or any extension thereof granted by the Board:
- The Board may cause the repair, maintenance or replacement to be done at the expense of the Owner and charged to the Owner (such cost of repair, maintenance or replacement to be a lien on the property if not promptly paid to the Association).
- A penalty of $25.00 per day will be applicable and payable to the Association without further action by the Association or its Board commencing on the 30th day after mailing of the Notice of Repair if said repair, maintenance or replacement is not completed within said 30 day period or any extension thereof. The Board may waive said penalty or extend the period during which repair must be made when the Board or Committee in its discretion shall conclude that good reason exists for such waiver or extension. The total penalty will not in any event exceed an amount equal to twice the cost of the work.
OTHER RULES AND REGULATIONS
In addition to the above, Tennis Committee Rules and Regulations and Lot Committee Rules and Regulations (including its checklist) shall be considered as part of the ILA Rules and Regulations.
The ILA Board is empowered through its Covenants and Bylaws to enforce these Rules and Regulations which are non-exclusive. Failure to abide by the Covenants, Bylaws, and Rules and Regulations may result in financial penalties and/or suspension of the right to use common areas. Violations will be considered on a case by case basis, except for those listed below.
Mud Season violations – Each violation will result in a $500.00 fine per occurrence plus the cost of any damage caused by the violation.
Rental violations – If the “Notification of Rental Agreement” form is not submitted, the homeowner will be fined $500.00 for each occurrence.
Guest rule violations – A violation of the rules as covered in the section “Use of Common Land” will result in a warning after the first occurrence and a penalty of $250.00 for each subsequent violation.