FAIRFIELD 2009 Community Rules/Regulations

[huynh_tb]

TO: All Fairfield Homeowners
FROM: Fairfield HOA
DATE: April 17, 2009
Subject: Fairfield 2009 Community Rules/Regulations

In accordance with Article V. Section 10, attached for your review and reference is a copy of the Fairfield Rules/Regulations adopted by the Board of Directors on February 7, 2009.

It is the Homeowner’s responsibility to provide tenants with a copy of this document and to secure their signature on the on the Renters Agreement Form provided to all homeowners in January. Copies are available and may also be downloaded from our website.

Please note that the original, signed, dated document is held with the Fairfield Secretary.

Thank you for your cooperation.

Fairfield HOA

[huynh_tb]

All,
First of, thanks to Fairfield Council and Officers and neighbors for doing a great job to keep our community safe and desirable place to live.

I have read the new Rules/Regulations. I have one comment on section 6. Noise.

No such noise shall be made at any time, which annoys any other person. The Board shall determine, in its sole and absolute discretion, if a noise is annoying to another person.

Noise is a subjective matter. One person considers to be annoyed whereas the other person is not. To avoid a challenge in the Delaware court system, we should adopt our Rules/Regulations to reflect the State of Delaware's Noise Regulation. Here are excerpts from the Noise Regulation

3.0.10 "Equivalent A-Weighted Sound Level, abbreviated Leq(x)dB(A),
means the constant sound level that, in a given situation and
time period (x), contains the same sound energy as the actual
time-varying A-weighted sound.

4.0.2 Specific Prohibitions
(1) Radios, Television Sets, Musical Instruments and Similar
Devices – Operating, playing or permitting the operation or
playing of any radio, television, phonograph, drum, musical
instrument, sound amplifier, automobile radio, automobile
stereo or high fidelity equipment or similar device which
produces, reproduces or amplifies sound:
(a) In such a manner as to create a noise disturbance
within a receiving property.

5.0.1 Class A noise zone
Lands designated Class A shall generally be residential areas
where human beings sleep or areas where serenity and tranquility
are essential to the intended use of the land.
The land uses in this category shall include, but not be limited
to, single and multiple family homes, hotels, prisons, hospitals,
religious facilities, cultural activities, forest preserves, and
land intended for residential or special uses requiring such
protection.

6.0.1 No person(s) shall operate or cause to be operated any stationary
source of sound in such a manner as to create a 24-hour
equivalent A-weighted sound level which exceeds the Leq limits set
forth for the receiving land use category in Table 1 when
measured at the point of complaint origination within the
property boundary of the receiving land use. Any exceedence of
these values shall constitute a noise disturbance.

Table 1 Sound Levels by Receiving Land Use Zones, Leq (24) dBA
Emitter(s); Receptor C; Receptor B; Receptor A (7 am - 10 pm); Receptor A (10 pm - 7 am);
A ; 65 ; 65 ; 65 ; 55
B ; 75 ; 75 ; 65 ; 55
C ; 85 ; 75 ; 65 ; 55

6.0.2 INTRUSIVE NOISE LEVEL
NOT WITHSTANOING THE PROVISIONS OF SECTION 6.0.1, A SOURCE SHALL
BE CONSIDERED TO CAUSE A NOISE DISTURBANCE IF THE SOUND LEVEL,
OTHER THAN AN IMPULSE, INFRASONIC OR ULTRASONIC SOUND, EMITTED BY
SUCH SOURCE EXCEEDS THE AMBIENT NOISE LEVEL BY 10 dBA WHEN
MEASURED AT THE POINT OF COMPLAINT ORIGINATION WITHIN THE
RECEIVING PROPERTY.
Note: The relative intrusiveness of sound depends upon its
amplitude, duration, frequency, time of occurrence and tonal or
informational content as well as the prevailing ambient noise
level. A sound pressure level of 3 dB(A) above the ambient level
is normally just discernable, with levels of 5 dB(A) to 10 dB(A)
the lower level region for complaints.

Police can be called upon a complaint. I am sure they are equipped with a sound meter. If the Council decides to invest one, you can find one at RadioShack for $49.99.

Toan
Bldg6/Unit2