Brookside at Middlebury is a Common Interest Community with deeded Covenants and Conservation Restrictions (CC&R's).

We plan to have a complete electronic set of documents available on this web site, including the Public Offering Statement and the Bylaws.  All homeowners received these documents in paper form prior to purchase.  Homeowners are strongly encouraged to review those documents and consult their attorney if there are any questions.  In answer to recurring questions we have provided brief excerpts in the boxes below from the legal documents listed above.

Download the current (4/15/2007) Rules and Regulations and as a PDF file.
See meeting minutes for fence amendment regarding architectural control.
(The other documents will be made available electronically at a future time.)

Fines

From Section 5.2 of Exhibit B of Bylaws of Brookside of Middlebury Association, Inc.

... the Executive Board may levy a fine up to $50.00 per day for each day that a violation of the Documents or Rules persists after such Notice and Hearing, but such amount shall not exceed that amount necessary to insure compliance...
 

Restrictions On Use

Excerpts from Article X, Section 10.1 of the Rules and Regulations of the Brookside Public Offering Statement

(f) There shall be no obstructions of the Common Elements nor shall anything be stored in the Common elements without the prior consent of the Executive Board.

(j) No vehicles of any kind, other than an automobile, including campers, trailers, boats, motorbikes, and motorcycles may be parked or stored on any part of the Property, except in an area specifically designated therefore, if any, except those vehicles temporarily on the property for purposes of servicing the Property itself or one of the units.
 

Parking

Excerpts from Article V, Section 5.2 of the Rules and Regulations of the Brookside Public Offering Statement

Vehicles may not be parked in such manner as to block access to driveways of other Unit Owners, parking spaces, mailboxes, fire hydrants, sidewalks running perpendicular to drives, pedestrian crossing areas, designated fire lanes, or clear two lane passage by vehicles on roads and drives. Vehicles in violation will be towed, at the Owner’s cost, after reasonable efforts to contact the person, Unit Owner or occupant to whom the vehicle is registered. In addition, a $50.00 per day fine may be levied against the person, Unit Owner or occupant to whom the vehicle is registered, following Notice and Hearing, for the period that the vehicle violates these rules, unless at such hearing good and valid reasons are given for such violation.

Architecture Review Form ("Variance Form")

You may download this form and FAX, mail, or hand deliver it to the Concord Group management company.

Architecture Review Form

You should attach a sketch and/or plot plan that shows your proposed work in relationship to the house and lot, as necessary to understand the effect of your work.  Use as many pages as needed.

.

Architectural Control

From Section 3.7 of the Brookside Rules and Regulations

"No improvements, alterations, repairs, change of paint/siding colors, excavations, changes in grade or other work which in any way alters the Unit, or any improvements on the Lot, Common Area, or Limited Common Area from its natural or improved state, existing on the date such unit was first conveyed shall be made or done without the prior written approval of the Executive Board.  No building, wall, patio or other structure shall be commenced, erected, improved, altered, made, or done on such property without the prior written approval of the Executive Board."

Fences

Fences are subject to architectural control.

Swing Sets

Swing Sets require an architectural control permit.

Forms

A form for submitting requests is available from the Concord Group Management Company.  Obtain this form and send a description of any proposed work, including diagram showing the effect on your lot, to "Brookside Architectural Review Board" in care of:

The Concord Group
Valerie Bromfield
(203) 922-7878  press: 37
VBromfield@ConcordGroupCT.com
292-294 Roosevelt Drive.
Seymour, CT 06483

Failure to obtain an architecture review permit may result in a fine.

Middlebury Zoning

Sheds and Pools

Sheds and pools are not permitted in Brookside per Zoning regulations.

See letter from Zoning Enforcement Officer, Jean Donegan.

Wetlands

"If you are planning to place a structure within 100 feet of wetlands on your lot, or if you are planning to clear land or excavate within 100 feet of wetlands on your lot then you are required to get a permit by filling out a APPLICATION FOR PERMIT - MINIMAL ACTIVITY FORM which may be obtained from Town Hall or downloaded from the town web site
http://www.middlebury-ct.org/permits/minimalactivity.html 

Applications must be submitted to Town Hall along with the necessary fee."
 

Clearing The Land

Some homeowners are planning to take down trees and clear the land around their lot. This may not be done without the approval of the Architecture Review Board and may also require approval from the Middlebury Wetlands Commission. 

As noted in the advice above, homeowners should review the Middlebury Conservation Plan of Development and also look for the required Middlebury Permit and permit process Middlebury Building Inspector.
 

Landscaping

Approvals

Matters of construction and changes to the land and landscaping that vary from the original must be approved by the board before they are done.  See Architecture Control, above.

Some proposed changes may require Middlebury zoning or wetlands or conservation approval as well.  It is your responsibility to carefully review your deed restrictions and all town ordinances and regulations.  See "Architectural Control" and "Middlebury Zoning" above.

If you are placing anything on or near the property line or easements you must carefully check the measurements on your plot plan and discuss the plantings with your immediate neighbors who will be affected.  Architecture Review Forms will require a signoff from adjoining property owners or the Executive Board for such placements.

Standards

Changes to the landscaping that vary from the original must be approved by the board before they are done. 

We do not yet have specific standards for landscaping, so here is some advice that has been shared with some other neighbors who have asked the same question.

First, try to follow the builder's style as much as practical, especially with regard to mulch (color and substance), and to any ornamentation such as bricks and stones, etc. The reason for this is to give a consistent style to the whole community, resulting in an elegant look overall.  In particular you should avoid choosing any materials or substances that visually clash with the prevailing community look. 


 

Legal Name of the Association

The Homeowners Association is legally known as the "Brookside of Middlebury Association, Inc."  Official documents of the Homeowners Association will use that legal name.  We have chosen to use the wording "Brookside at Middlebury" on this web site in keeping with the developer's signage and publicity.  This should also help in the distinction between the legal incorporated association and this web site which is essentially a private newsletter.