COMMUNITY GUIDELINES
The discussion presented below these notes (starting at Welcome…) provides excerpts from our Community Guidelines
BOAT SLIPS - IMPORTANT NOTE ON BOAT SLIPS - ALL EXISTING DOCK SLIPS ARE CURRENTLY ASSIGNED AND THERE IS A WAITING LIST FOR SLIPS AS THEY BECOME AVAILABLE. BASED ON COUNSEL’S REPORT (SEE BELOW), THE BHLL BOARD PASSED THE FOLLOWING MOTIONS:
Counsel’s Report on Dock Usage
Counsel’s Dock Issues Report addresses the BHLL attorney’s presentation during the July 2024 BHLL Annual Meeting.
For the record, since that meeting the Board has passed the following motions:
1. Implement a BHLL Dock Users Fee for slip holders, to be reviewed on an annual basis, to begin with a fee for the 2025 Season of $300.00
2. Implement a BHLL Dock Users policy for all new slip holders beginning with the 2025 Season to have use of the provided slip for a total of 10 years. Should the Homeowner sell their property or pass, their significant other may have use of the slip for the remaining years of the 10 year period. Should the Homeowner not have a significant other the slip is immediately returned to the Dock Master for reassignment.
3. Implement a BHLL Dock Users policy for all current slip holders beginning with the 2025 Season to have use of the provided slip for a period of 5, 7 or 10 years depending upon the number of years they have already had it. At the end of the allotted time as confirmed by the Dock Master the homeowner will no longer have use of the assigned slip and the slip is immediately returned to the Dock Master for reassignment.
Should the Homeowner sell their property or pass, their significant other may have use of the slip for the remaining years of the period. Should the Homeowner not have a significant other the slip is immediately returned to the Dock Master for reassignment.
4. Implement a BHLL Dock Users policy for all slip holders to sign a Users Agreement for the year of use, beginning with the 2025 Season, to affirm use of their assigned slip for a period of one year (as dictated by our permit) and agreeing to follow all rules and regulations as required by the Commonwealth of Massachusetts and the Town of Lee, MA
5. After review, the Board again affirmed their decision, by unanimous vote, not to consider an extension of the current dock nor to explore the building of a second dock.
RECYCLING BIN – RECYCLABLES – PAPER, PLASTIC BOTTLES AND METAL CANS - MUST BE PLACED IN THE CONTAINER MARKED FOR RECYCLING AND REMOVED FROM THEIR PAPER OR PLASTIC BAGS. BAGS SHOULD BE DISPOSED WITH REGULAR HOUSEHOLD GARBAGE.
CARDBOARD DUMPSTER – CARDBOARD BOXES OF ANY SIZE MUST BE BROKEN DOWN AND FLATTENED BEFORE INSERTION INTO THE BIN MARKED CARDBOARD ONLY.
A HOME FURNISHINGS REFUSE OPEN DUMPSTER IS ONLY FOR HOMEOWNERS FURNITURE, SMALL APPLIANCES, ETC. WOOD OR COMPOSITE MATERIALS, FURNITURE OR OTHER ITEMS MUST BE BROKEN DOWN BEFORE DISPOSAL. CONTRACTOR REFUSE IS NOT ALLOWED.
Email communications generated and distributed on behalf of Berkshire Hills Leisure Lee (BHLL email) shall include the BHLL logo as a header. In addition, any BHLL email message shall be considered as official correspondence of the board of directors (Board) and shall only be for Board approved events, programs or services. BHLL homeowners (Homeowners) are strongly encouraged to use the BHLL Homeowners Directory to invite other Homeowners to their personal programs or events or to otherwise send and receive personal email communications. Should Homeowners wish to recommend a program, event or service meant for the entire community - they are encouraged to use the BHLL Program/Idea Submission Form (see Documents in Homeowner tab) to provide the Board with all the information required for the program, service or event to be considered
Welcome to Berkshire Hills Leisure Lee!
The members of the board of directors of the Berkshire Hills Leisure Lee Homeowners Association are pleased that you have chosen to join our community - as homeowners, homeowners' guests, or authorized renters. We want everyone to make full use of and enjoy the facilities and services available to our community. The Berkshire Hills Leisure Lee (BHLL) Covenants and By-Laws, which are a matter of public record, contain the basic legal requirements applicable to all properties within the community. It is important that we recognize that our community is subject to the laws of the Commonwealth of Massachusetts, Berkshire County, the Town of Lee and other governmental entities. (See, for example, https://www.mass.gov/topics/laws-regulations).
The purpose of these BHLL Community Guidelines is to ensure the health, safety and enjoyment of all of us. We ask that ALL Homeowners, Guests and Renters follow these Guidelines to allow for a positive and safe experience for all concerned. Following these guidelines will make our community a welcoming and enjoyable place for everyone. These guidelines also provide a road map so BHLL can be in compliance with the laws, rules and regulations of the various state and local entities with jurisdiction. For legal specifics on all matters with regard to your home and personal property please refer directly to the BHLL Covenants document.
The Guidelines will be revised from time to time as circumstances require.
CONTENTS
Enjoy our facilities
● About your BHLL Homeowners Association and Dues
● Beach and boating
● Racquet sports
● BHLL website (www.leisurelee.org)
● Peace and Tranquility
● Noise
● Health, Safety and Security
● Pets
● Construction and removal of trees
● Trash and recycling
● Fire safety
● Use of BHLL Roads and Parking
● eBlast/Communications
● Rental rules & regulations
ABOUT YOUR BERKSHIRE HILLS/LEISURE LEE HOA
About your BHLL Homeowners Association - Berkshire Hills Leisure Lee is operated by a volunteer board of directors elected by you and your neighbors. We do not employ a management company or staff. We are NOT a gated community and do not require you or your guests to show identification or have a pass to enter the community. As we do not have security we are all on an “honor-system” in terms of following the guidelines that follow out of respect for our neighbors and the community and its amenities.
BHLL Homeowners Association Dues -
All Homeowners pay our HOA dues on an annual basis. At the beginning of the BHLL Fiscal Year you will receive your BHLL HOA Fee Invoice. Dues revenues allow us to take good care of your community including: upkeep of the our roads which are totally private and NOT part of the Town of Lee, maintenance of all the culverts and water movement canals in front of your home so we avoid flooding and during the winter months the salting and snow removal, maintenance and upkeep of the beach, tennis courts and trash removal. Note that we do not charge an additional fee for trash collection and we have a separate bin for home goods removal. Please see the section in the guidelines that follow regarding all rules and regulations regarding all these areas.
BEACH & NON-MOTORIZED BOATING
A. BHLL Parking Lots at the beach, upper & lower, are for the sole use of Homeowners, Homeowners' Guests, and Authorized Renters ONLY.
B. Beach Rules
● PLEASE NOTE: Use of the beach is solely at Homeowners' , Homeowners Guests and Authorized Renters risk. There are no life-guards at the beach at any time. All swimmers swim at their own risk. BHLL and its board of directors assume no responsibility for injuries, accidents, or damages incurred at the beach areas.
● Because we have no lifeguards on duty, an adult (over 18 years of age) must accompany any and all minors under 16 years old on the beach.
● “If you bring it to the beach, take it with you when you leave.” Nothing may be left on the beach unattended by a Homeowner, Guest, or Renter, including chairs, towels, trash, food or toys. Food, beverages, and snacks are allowed on the beach but beach users must clean up any and all refuse when leaving the beach area and dispose of them properly.
Please do not use glass containers of any kind.
● All beach users must bring their own chairs, or use their own chairs left in the Chair Bins. Chairs left in the Chair Bins must be marked with the Homeowner’s name. When leaving the Beach Areas, NO chairs may be left unattended for any reason.
● Everyone at the beach is asked to respect the privacy of others. Reasonable space between beach users should be maintained by both adults and children. Reasonable space and quiet enjoyment is expected, especially when adults or minors are playing any ball or other games.
● Phone calls should be kept to a minimum and at a low voice volume.
● PETS are NOT allowed anywhere on the beach.
● NO music may be played at the beach without earbuds or headphones.
● Driving is not allowed on the Beach, nor is docking of boats or fishing in the swimming areas or in front of the kayak racks.
● NO campfires or cooking of any kind is allowed on the beach, dock areas or parking lots.
● NO fishing is allowed from any areas on the beach.
● Please DO NOT feed wildlife on the beach, at the dock area or in the parking lots.
C. Kayak & Canoe Storage & Watercraft Use
● Non-motorized watercraft must be moored ONLY in the designated area to the left of the swimming areas or stored lakeside in a spot approved by the Beach Committee Chair.
● All kayaks, canoes, and other non-motor watercraft must be registered with the Beach Committee Chair and have an officially designated storage spot; a watercraft registration number must be visible on the bow. You may NOT leave an unregistered Kayak anywhere on the beach or on someone else’s Kayak rack spot. A Kayak left unregistered will be subject to removal and confiscation. Each homeowner is entitled to two (2) slots for Kayaks or Canoes.
● So that everyone may have safe access to kayak racks and the kayak launch areas, ALL kayaks must be returned to their rack location immediately after using them AND LOCKED with your lock in place. They may NOT be left on the beach or in front of racks for any reason or amount of time.
● Homeowners are solely responsible for any Kayak, Canoe, Chairs or other losses – BHLL is not responsible for loss or misuse of any watercraft or other items.
D. Use of Dock & Boat Slips
We are limited by the Commonwealth of Massachusetts, Town of Lee and Goose Pond Association to the number of Motorized Boat Slots we currently have and are not able to expand. As such, there is no guarantee of a slot for a boat for ANY homeowner. Should you wish to procure a slot for a boat please keep in mind that your home purchase and dues payment do NOT entitle anyone to a slot on the BHLL Dock. Please understand that you should wait until the Dock Master confirms an open slot BEFORE purchasing a Boat because there will be no place for you to keep your motorized boat until there is an open slot for you.
● ALL Dock slips must be registered by the Dock Master on an annual basis and are assigned on a first come, first served basis.
● The Dock Master maintains a Dock Slip waiting list for those wishing to obtain a boat slip. You may wait 5-8 years, or longer, to secure an open slot.
● Only Homeowners and Authorized Owners' Guests accompanied by the Homeowner may use the dock.
● Only Homeowners & Homeowners' Guests may use the boat launching area adjacent to the lower parking lot. Anyone not a Homeowner, Owner's Guest or not accompanied by the Homeowner attempting to use the boat launching area without express approval of the Dock Master will be prosecuted to the full extent of the law.
● All activities on Goose Pond are governed by rules set for by the Goose Pond Maintenance District and the Commonwealth of Massachusetts.
○ https://www.mass.gov/info-details/massachusetts-boating-law-summary
RACQUET SPORTS
● Availability - Courts are available 7 days a week from 8:00 AM to 7:00 PM (or until lighting conditions make it unsafe), to Homeowners, Homeowners' Guests, and Authorized renters only. Pickleball and tennis may be played on both courts.
● Court Use – The courts are for tennis & pickleball, exclusively. Roller blades, bicycles, tricycles, skate boards, carriages, riding toys and pets are NOT allowed on the courts at any time.
● Sign-up Requirements - weekly sign-up sheets are posted on Saturday morning for play Saturday through Friday.
○ Singles players may sign up for a maximum of two consecutive 30-minute time slots (one hour)
○ Doubles players may sign up for a maximum of three consecutive 30-minute times slots (one and 1/2 hours) for a total of 90 minutes.
○ After 12 noon, all players may sign up for one-hour time slots. Open time slots are available on a first come, first served basis.
● Trash and maintenance – Players may NOT leave any trash, including plastic water bottles, and balls, on the benches or anywhere on the courts. When players have completed their playing time, they must remove all trash (including used balls, water or drink bottles, and any other waste materials. PLEASE do not use glass containers of any kind.
BHLL WEBSITE
● A community website (www.leisuirelee.org) is available to anyone who wants to take a look at what BHLL has to offer as far as local culture, amenities, sports and entertainment. It also shares who we are and why someone would choose to buy a home or rent one here.
● A Members Only area is available to homeowners, exclusively. This area includes all information about BHLL, Board Announcements, and Documents such as Minutes of Board Meetings and BHLL Covenants & Bylaw. ONLY BHLL Homeowners are entitled to review these documents. The area also offers Homeowners a set of Homeowners listings & contact information for their use in communicating with other
QUIET, Please!
Berkshire Hills Leisure Lee is a family-friendly community, meant for peaceful enjoyment by all. Community members are expected to respect our neighbors by not causing disturbances of the peace. This means using discretion with voices, music, and especially machinery, throughout the weekend and before 8:00AM or after 10:00PM, in accordance with the noise rules & regulations of the Town of Lee. At BHLL, we ask that you please show respect for your neighbors by cutting off all loud noises after 6:00PM, except, of course, in emergency situations.
PETS
BHLL is a pet friendly community and all are welcome to enjoy their dogs, cats, and whatever else you've domesticated. All pets outside of homes and on BHLL roads must be on a leash and accompanied by their human owners. Pet owners must curb their dogs and clean up any and all solid waste left by their pets to help ensure a clean and safe BHLL.
CONSTRUCTION, RENOVATION and REMOVAL OF TREES
The BHLL Board encourages our members to make improvements to their properties. There are restrictions which may apply to your proposed construction or to any changes to vegetation or topography around your home. Our restrictions are designed not only to maintain the character of our community, but also to protect the privacy of the homeowners, the safety of roads and building structures.
BHLL covenants require that each property owner must obtain approval from the BHLL Board before removing any trees that are more than 6 inches in diameter (measured 3 feet from the ground). Please contact the BHLL Building Committee or another board member to obtain permission for the removal of any tree of 6 or more inches wide. Should you need to remove such a tree please contact any of BHLL’s Officers to gain approval. Trees may be removed when dead, dangerous to a fall or infestation. Trees may NOT be removed just to improve view or create visual improvement.
In addition, the Scenic Mountains Regulations of the Town of Lee Conservation Commission regulate removal, filling, excavation, clearing of vegetation or other alteration of land within mountain regions designated by the town which is likely to have a significant adverse effect on watershed resources or natural scenic qualities because of the pollution or diminution of ground or surface water supply, public or private; erosion; flooding; substantial changes in topographic features; or substantial destruction of vegetation.
Most if not all of BHLL property falls under the Berkshire Scenic Mountain Act (BSMA). The act and various approval forms can be found at https://www.lee.ma.us/land-use/pages/scenic-mountain-act.
Please note: you should check with the building inspector office of the Town of Lee (or contact Town of Lee Conservation Committee Chair) if you are planning any building, removal of trees or vegetation to determine if you require permission of BSMA. If the Berkshire Scenic Mountain Act or the Town of Lee rules supersede BHLL rules and if they do not permit the removal of said tree(s), our permission is null and void. (Please note BSMA also applies to removal of vegetation or any change of topography of the land.) In cases where a tree presents a dangerous situation, please take immediate action to protect yourself and the properties that may be affected. If no immediate action is required please take pictures and call the building committee chair or his representative (any board member). If any tree is resting on electrical lines please immediately call the Lee Police or Eversource (877)659-6326) and report the nearest address of the incursion of the tree and wires.
NOTE: Any construction or tree removal must be in accordance of State and the Town of Lee guidelines. In any situation where there is a conflict, the State and Town rules take precedence.
It is the home owners responsibility to obtain any and all permits that may be required for work done on their property.
TRASH & RECYCLING
● BHLL dumpsters & recycling containers and bins are for the sole use of Home Owners, Homeowners' Guests & Authorized Renters ONLY. Contractors are NOT authorized to use the BHLL dumpsters for any refuse of any kind under any circumstances. It is the Homeowners responsibility to make your contractor aware that they must dispose of any and all refuse OUTSIDE of BHLL property.
● Please take great caution when at the trash area, as dangerous wildlife is known to frequent the area. When using our sanitation area, always approach cautiously and if there is any sign of wild life inside the trash area, please do not enter. Should you observe dangerous wildlife such as a Bear or Bobcat, please inform Security or call #911 once you have gotten to safety.
● NO refuse is to be left on the ground within or outside of the dumpster area.
● Please use the pedestrian gate to the far right of the fence when entering the area except during the winter months when the gate is open. Also please be aware that the upper strands of the chain link fence surrounding the dumpster area is electrified so use caution when around this area.
● ALL doors must be closed when departing the dumpster area (except during winter months when the gate is kept open).
● BHLL's trash and recycling contractor has provided four type of bins for refuse and recycling and are ONLY for the designated type of trash
○ Household Refuse Bin – all household garbage and non-recyclable materials, including non-rigid plastic bags should be deposited in the general waste bins.
○ Recycling Bin – recyclable materials – paper, plastic, metal, etc. - must be placed in the containers marked for recycling, removed from their paper or plastic bags. Plastic bags should be deposited with regular household garbage.
○ Cardboard Dumpster – Cardboard boxes of any size must be broken down and flattened before insertion into the bin marked Cardboard, only.
○ A Home Furnishings Refuse Open Dumpster is ONLY for Homeowners Furniture, Wood or composite materials, furniture or other items must be broken down before deposit. Refrigerators, Ovens, BBQ’s, Mattresses, Paint Cans, Appliances, other large items etc. may NOT be placed in the open dumpster. Homeowners must make their own arrangements for the disposal of these materials.
● NOTE: Hazardous materials of ANY KIND may not to be left or deposited in any dumpster.
● Contractors are NOT Authorized (with or without a homeowner present) to use BHLL Dumpster Area under any circumstances. Items that cause BHLL to incur additional fees will be at the expense of the Homeowner.
● Homeowners, Homeowners' Guests & Authorized Renters not following the rules may lose BHLL Dumpster area privileges and may be charged the expenses incurred due to their abuse of the facilities. For more information, please see https://www.mass.gov/info-details/how-where-to-recycle
FIRE SAFETY
One of the wonderful features of the BHLL development is that we are a heavily wooded community. All homes are on separate wells and there are no hydrants in the community. That leaves us particularly susceptible to fires. In an effort to avoid any possibility of fire in our homes and our surroundings, please review the following rules and suggestions to keep our community safe.
● Campfires are NOT permitted at the beach, parking lots or dock areas.
● Homeowners are strongly encouraged to have smoke detectors & fire extinguishers in their homes. Applicable building codes require fire extinguishers and fire-smoke-carbon monoxide detectors and fire extinguishers in all homes. They should all be tested on a regular basis to ensure they are in working order.
● Fireworks of any kind are PROHIBITED anywhere on BHLL property common areas, including the Beach, Parking Lots or Dock Area. For the safety of all it is strongly recommended that no fireworks are used anywhere in BHLL – keeping in mind MA laws regarding such dangerous items.
If fire occurs in your home, get out, stay out and call for help by dialing: 911 or 413.243.2100.
Learn more about Fire Safety for your family & home by visiting: https://www.usfa.fema.gov/prevention/outreach/
ROADS/PARKING
BHLL is a private community and all BHLL roads are private roads. BHLL roads and all common areas are solely for the use of Homeowners, Homeowners' Guests, and Authorized Renters and not for the public at large. The roads and common areas may also be used by public safety, emergency vehicles, authorized contractors, delivery services, and utility work crews. Vehicles that are not authorized will be stopped and requested to immediately depart the community. In the event you invite guests, have deliveries, or engage BHLL unauthorized workers, ALL must comply with BHLL Rules & Regulations. Unauthorized vehicles on BHLL Property or parked inappropriately will be asked to depart by BHLL Security.
BHLL roads are narrow, with many curves. Please practice safe and slow driving at all times as many residents walk on our roads, parking lots and common areas.
The Fire and Police Departments of the Town of Lee require room for emergency vehicles at all times as such roads must be clear of ALL vehicles – parking is ONLY acceptable in Homeowners driveways.
To ensure the safety of all, especially those walking in our community,
● Drivers must adhere to the BHLL speed limit of 15 mph at all times.
● Drivers must stop at posted stop signs
● Drivers must follow one way road sign guidance, when posted.
● Parking is limited to Homeowners, Homeowners' Guests, or Authorized Renters and ONLY in Homeowners’ driveways.
● Parking on all BHLL Common Area Roads is limited to The Tennis Courts (parking must be with 50% of the vehicle on the grass) as Lee Police and Fire Departments require room for Emergency Vehicles (Ambulance) access.
● Parking by Delivery and Maintenance Vehicles is permitted within time restrictions.
● Winter road rules: One-Way directional signs must be observed and Beach Road is closed to ALL following winter closure.
e-BLASTS AND COMMUNICATIONS
Email communications generated and distributed on behalf of Berkshire Hills Leisure Lee (BHLL email) shall include the BHLL logo as a header. In addition, any BHLL email message shall be considered as official correspondence of the board of directors (Board) and shall only be for Board approved events, programs or services. BHLL homeowners (Homeowners) are strongly encouraged to use the BHLL Homeowners Directory to invite other Homeowners to their personal programs or events or to otherwise send and receive personal email communications. Should Homeowners wish to recommend a program, event or service meant for the entire community - they are encouraged to use the BHLL Program/Idea Submission Form to provide the Board with all the information required for the program, service or event to be considered.
RENTAL & GUESTS GUIDELINES
NOTE: For ALL specifics of BHLL Home Rental procedures please see The BHLL Rental and Guest Rules & Regulations documents. Below are some simple guidelines. All owners of a house in Berkshire Hills Leisure Lee are permitted to rent their house, so long as a BHLL Rental Agreement Form has been submitted to and approved by the Board of Directors Rental Committee. Each Homeowner renting his/her home is solely responsible for compliance with The BHLL Community Guidelines respecting the use of the facilities at Berkshire Hills Leisure Lee by all persons who occupy their house.
Rental Rules Specifics
A. SUMMER MONTHS: During the period between Memorial Day and Labor Day of each year, the minimum period for which a house may be rented shall be two (2) consecutive weeks, consisting of fourteen consecutive calendar days. Further, there shall be no more than four (4) rentals of any house during the period between Memorial Day and Labor Day. For a violation of either of these two restrictions, the Homeowner shall not be allowed to rent his/her house for a period of one full year subsequent to the violation.
B. BHLL RENTAL AGREEMENT: All Homeowners who are renting must submit Completed Rental Agreement and associated fees ($200 per Rental Agreement), as per the rental agreement. All BHLL Rental Guidelines must be followed.
C. COMMUNITY GUIDELINES COMPLIANCE: Homeowners are solely responsible for the Communication of BHLL Community Rules & Regulations to those renting their home. The Homeowner is solely responsible for any incurred penalties as a result of violations of these rules and regulations.
D. HOMEOWNER’S RESPONSIBILITIES - Homeowners who are renting are responsible for providing renters with a BHLL approved “BHLL welcome package,” the official, board-approved copy of the BHLL Community Guidelines & an official BHLL beach parking pass.
E. RENTERS IDENTIFICATION: Homeowners must provide identification of all persons and license plate information on vehicles of authorized renters.
F. VIOLATIONS PENALTIES: Any Homeowner who violates any of the rules as outlined here such as, i.e. no agreement, short term rentals, etc. will be subject to the rental agreement fees for each and every violation and may lose rental privileges for a season. On occasion of 2nd offense the homeowner will have the Rental Fee ($200) added to their Annual Dues.
G. RENTAL COMMITTEE COMMUNICATIONS: To avoid any confusion or questions, if family members are occupying a home, without the presence of the Homeowner(s), it is the sole responsibility of the Homeowner to advise the Board rental and/or security committees.
Respectfully submitted, BHLL Community Guidelines Sub-Committee Richard J. Lerman