1 BRANDY CHASE AT EASTMOOR PARK ASSOCIATION RULES AND REGULATIONS Introduction and Overview As an owner of a Brandy Chase At Eastmoor Park Association unit, you are a member of the Brandy Chase At Eastmoor Park Association (HOA). The Association as a whole is responsible for operations of the Brandy Chase At Eastmoor Park Association development, through a Board of Managers and is dedicated to the safety and welfare of the residents as well as the protection of the owners' investments and property values. The Board of Managers is made up of seven elected Brandy Chase At Eastmoor Park Association owners who volunteer time to be on the Board and work with a contracted Property Management Company. Your monthly HOA maintenance assessment is applied towards the maintenance and operation of the property. The governing documents of the Brandy Chase At Eastmoor Park Association, including the By- Laws, Condominium Declaration, Articles of Incorporation, and Rules and Regulations, include covenants, rules, and other standards which serve to facilitate the operation of the property (paragraph 18 of the Declaration). Pursuant to the Declaration, Bylaws, and Colorado Law, the Board of Managers may adopt rules and regulations and establish penalties for violations thereof. Through the years, the Brandy Chase At Eastmoor Park Association Board of Managers has established a list of rules and regulations that support the HOA covenants and protect the owners' property. These rules were developed with input from Brandy Chase At Eastmoor Park Association residents as well as historical violations by owners and/or tenants. Based on the Condominium Declarations for Brandy Chase At Eastmoor Park Association Condominiums, the Board has the power to commence a court action to enforce the rules and any penalties that are assessed. It is the responsibility of each owner to abide by the Rules and Regulations. Your considerate adherence to the rules will keep Brandy Chase At Eastmoor Park Association a pleasant and safe community for us all. General Information Property Management The Association contracts with a Property Management Company to assist the Board of Managers in the operations of the development. In writing, please report any problems, maintenance issues, or violations of the rules and regulations addressed to the Board of Managers, care of the Property Management Company. The HOA holds regular meetings with a representative of the Property management Company to oversee the operation of the property. These meetings include a Homeowner's Forum to provide the owners an opportunity to discuss any issues or questions. Please note that any questions in relation to the property can be addressed directly to the Property Management Company during normal business hours, Monday -Friday.
2 Change of Address and Ownership It is a requirement of paragraph 31 of the Declaration for each owner to keep the Property Management Company notified of the owner's current mailing address and Contact information Including: ( , Phone Number, Mailing Address). Within 30 days upon purchase and/or change of information. Owner information may be submitted by filling out the Owner Information Form found at the back of this document. Please make a copy of this form and use it for any updates. Verbal notices cannot be accepted. Each owner purchasing or selling their unit should have their title company request a Status Letter or Transfer Letter from the Property Manager to determine the status of the property account. Such a letter is considered conclusive evidence of account status. This letter ensures that each buyer/seller is receiving all credits due. A minimum of 72 hours notice to the Property Management Company is required. Monthly Maintenance Fees Each owner is responsible for the payment of his/her monthly maintenance assessment regardless of whether or not a bill is received from the Association. Payment of the monthly fee is a responsibility imposed on all owners by the Covenants. The Association books are kept on a monthly basis. Should you have any questions at any time about your account please feel free to call the Property Management Company. All monthly assessments are due on the first of each month. To assure assignment to the proper account, please include your Brandy Chase At Eastmoor Park Association address and unit number on the check submitted with the payment coupon. Collection Procedure The monthly assessments are due by the first of each month. The following collection procedure is followed if payment is late: Days Past Due: If any such monthly installments shall not be paid within ten (10) days after that it shall become due and payable, the Association's Board of Managers may assess a "late charge" thereon in an amount not to exceeding Ten Dollars ($10.00). Plus, an Interest charge of 10% per annum will be assessed and any additional collection fees. 90 Days Past Due: Ninety (90) days past the due date the account will be turned over to the Association's attorney for filing notice of a lien and a demand letter will be sent to the owner. The Board of Managers at its sole discretion may, at any time during the delinquency process turn the matter over to legal counsel. In addition to the above, the owner will be responsible for all legal fees incurred during the collection, lien, and/or foreclosure process. Payments received will be applied to legal costs, lien fees, and other collection costs before they are applied to the regular and special assessments. All delinquent accounts will be assessed a ten dollar ($10.00) late fee and a ten dollar ($10.00) collection fee each month until the account is paid in full. Please note that any returned checks will be assessed a $25.00 fee.
3 Insurance The Association carries a Master Insurance Policy, which, in general, covers the Association's risk for damages to the common elements and common area of the Association's property. Owners are responsible for damage and loss to their own personal property and improvements within their own unit. Each owner, therefore, is strongly encouraged to carry an insurance policy, please see Declaration of Covenants - Insurance, paragraph 22, subparagraph (b) for details on what an owner is required to insure. The policy should cover not only the risk the owner may have regarding the owner's personal property, liability coverage, unit, and improvements but also cover the risk the owner may have for payment of the deductible portion of the Association's Master Insurance Policy. If the owner is responsible for a claim that arises out of injury or damages caused by the unit owner, the owner's lessee, family member, guest, purchaser under a real estate contract, or other similar person, the owner will be held responsible for the deductible portion of the Association's Master Insurance Policy. The Association's Master Insurance Policy includes deductible amounts which can change depending on existing circumstances. The Association's Board will determine if a loss is to be submitted under the Association's Master Insurance Policy. In instances where the Association pays for a loss and determines that because the loss is the responsibility of the unit owner or one of the persons for which the unit owner is responsible, then the unit owner will be responsible for reimbursing the Association for the amount of the Association's loss. If the amount of the loss is not reimbursed to the Association within thirty (30) days of notice to the unit owner, the amount of the loss shall be considered a delinquent assessment under the Association's Declaration and will be collected in accordance with the assessment collection procedure established. If your lender needs an insurance certificate for the Association building coverage, it should be ordered through the Association's insurance agent. Call the Property Management Company for the name and phone number of the insurance agent. Rentals A copy of the lease agreement and lease renewals for any rented unit must be provided to the Property Management Company within ten (10) days of execution. (See Owner & Resident Information Form in this document.) The lease should clearly state that the tenants are subject to the rules and regulations of the Association. Any failure by the tenant to abide by the rules and regulations shall be considered a default under the lease. It is the owner's responsibility to provide a copy of the Condominium Declarations and the Rules and Regulations to their tenants. Owners will be held responsible for the actions of their tenants including fines for violations of rules and regulations, covenant violations, and any damages to the Association property. Owners are responsible to manage their rental unit and tenant issues. Not the management company for the HOA. Please note that business communication from the Association will be directed to the owner rather than the tenant. General information such as a notification of maintenance work will be directed to the tenant or the owner (or both). The owner should forward any relevant information to the tenant when appropriate. A criminal lease provision must be included in the lease.
4 Recreational Facilities Each unit owner at Brandy Chase At Eastmoor Park Association is entitled to use the recreation facilities when in good standing. The Board of Managers issue rules and regulations for the use of these facilities each year. The clubhouse is available on a reserve basis only, the pool is open seasonally from Memorial Day through Labor Day. The Tennis Court and area are open year round. All Minors must be accompanied by an adult. Rules and Regulations Balconies/Patios Balconies and patios must be neat and clean in appearance. The following list defines the only items allowed on a balcony or patio: No more than two bicycles stored within the interior parameters of the balcony or patio. Hanging bicycles from any deck is prohibited. Ground floor units - One gas, charcoal, or electric grill in good condition. If permitted by current fire regulations Second floor units - One one-pound LP gas or electric only grill, in good condition. If permitted by current fire regulations Patio furniture. Firewood. Secured pots and planters. Balconies and patios may not be used as general storage or used to hang clothing or other items. Wildlife/ Bird Feeders Feeding wildlife of any kind is not allowed. Bird feeders are not allowed. The feeders attract squirrels, mice, rats, rabbits and birds (such as pigeons) that are extremely destructive to the property. Firewood Firewood may be kept on the patio or balcony provided it is neatly stacked and the amount is not excessive (should not be visible above the rail). Residents are warned that damage caused by the excessive weight of wood will be repaired at the expense of the owner. Grills Based on safety and insurance requirements, charcoal fueled grills are not allowed on the second levels or to be stored on the patio. Gas, Charcoal and electric grills are allowed on the ground floor units only. On second floor units, one-pound LP gas or electric grills are permitted and every grill operator needs to be very cautious. Any damage caused by a grill will be the responsibility of the homeowner. Hanging Plants Live, healthy plants may be hung on the patio/balcony during the summer months. Unsecured pots or planters are not allowed on the balcony railing on upper levels due to safety concerns. Patio Furniture Standard patio furniture in good condition is allowed. It is the Board's discretion as to what constitutes patio furniture.
5 Second Story Balconies Safety Second story balconies need to be kept clear of any objects that might fall and cause injury or damage. Shades / Window Coverings Exterior shades of any kind for the balcony or patios are permitted by approval of the board. Interior window coverings must be neutral in color. No reflective coverings are permitted. Common Property Common Elements Common elements such as sidewalks, driveways, stairways, entryways, and passageways shall not be obstructed or used by anyone for any purpose other than ingress and egress from the units. These areas must be kept clear to allow emergency access if needed. No personal articles shall be placed on or in any of the general common elements except for those items that are the common property of all of the unit owners. The Association assumes no responsibility for, nor shall it be liable for, any loss or damage to articles left or stored in any common areas or storage areas. Each unit owner is responsible for the acts of their family, tenants, and/or guests. Any damage to the general common property caused by the owner, their family, tenants, or guests shall be repaired at the expense of the owner. Nothing is to be stored under the stairways due to fire and safety concerns. If item(s) are left in this area, and if not removed within a 72-hour warning period, the item(s) will be removed without further notice. Mail Boxes Tampering with the mailboxes is a Federal offense and will be reported to the Federal authorities. An Owner(s) may facilitate the change of locks or the replacement of keys with the U. S. Postal Service. Trees The trees on the Brandy Chase property are common property and are regularly maintained. Owners are responsible for any damage to a tree caused by their tenants, guests, family, or pets. Water Heater and Telephone Rooms Only authorized service personnel are allowed access to the Water Heater and Telephone Rooms. These rooms are not to be used for storage or for play areas. Please note that these areas can be extremely dangerous. Owners should instruct their tenants, guests, and family that they are not allowed in these rooms. Emergencies Any emergency such as a fire, burglary, theft, vandalism, attack, or harassment should be reported to the proper authorities. All owners and residents are responsible for helping to protect the residents and the property. Any maintenance emergency such as structural damage, questions regarding plumbing or sewage responsibilities, or any other property issue should be directed to the Property Management Company.
6 Right of Entry The Association's Condominium Declaration states that each unit owner or resident shall grant the right of entry to the management company or to any other person authorized by the Board in case of an emergency originating in or threatening a condominium unit. In case of emergency, access may be at any hour for making emergency repairs, maintenance or inspection. Exterior Additions or Modifications No exterior additions, alterations, or decoration to any building or changes in fences, walls, or other structures shall be commenced, erected, or maintained without written consent. No work of any kind shall be done upon the exterior building walls or grounds without the express written consent of the Board of Managers. A homeowner installing anything that causes damage to the exterior of the building or structure (for example, structural damage, puncture of siding, or paint damage) will be billed for all repairs. No owner, resident, or lessee shall install wiring or cable for any purpose. Nor shall any machines or air conditioning units be installed on the exterior of the project, including any part of the balcony, or that protrude through the walls or the roof of the building, except when expressly authorized in writing by the Board of Managers. Any requests for additions or modifications should be submitted in writing to the Board of Managers. Air Conditioners and Window Fans In all cases an owner must receive written approval prior to any change. Window air conditioner units or window fans that protrude past the window screens are not allowed. Central air conditioner units are installed on the flat roof area only. Gas Fireplace Installation of a gas line to the fireplace requires prior authorization in writing by the Board of Managers. Gas pipe installation requirements are as follows: A Building Permit from the City of Denver For second floor units, the pipe should be installed vertically along the abutment of the siding and the chimney brick The pipe should be installed in a straight line to the ground The pipe should be buried below ground level Satellite Dish Guidelines By approval of the Board. Satellite installations may be installed on the balconies or patio totally within the exclusive use of the resident. No holes may be drilled in outside walls, roof, or windows. No holes may be drilled in a balcony railing. No part of the dish or antenna can extend beyond the balcony railing line. The Association permits only one one-meter or smaller sized dish per unit. Due to landscape growth, the Association will not guarantee a continual line of sight for the reception of a signal. General Nuisance Provision Any activity that interferes with the peaceful use of the property or creates a general nuisance or annoyance is not permitted on the property.
7 All units shall be kept in a clean and sanitary condition - no rubbish, cigarette butts, refuse, pet waste, or garbage shall be allowed to accumulate nor any fire hazards to exist. Illegal Activities Brandy Chase At Eastmoor Park Association has no tolerance for illegal activities of any kind. Please call the Denver Police immediately if you are witness to any illegal activity. All owners and residents are responsible for the welfare and safety of the property. Loitering/Soliciting / Trespassing No Trespassing, loitering, soliciting, or posting of handbills is allowed on the Brandy Chase At Eastmoor Park Association property without written authorization from the Board of Managers. Maintenance and Repairs Air Conditioners Air conditioner units are located on the roofs of the buildings. Owners are responsible for the maintenance and repair of their air conditioning unit. Chimneys Chimney flues can pose a fire hazard if they are not cleaned regularly. Please obtain an authorized chimney cleaner to service your chimney. Doors & Windows Each owner is responsible for maintenance of all unit doors, door frames, thresholds, windows, and screens. Fines and assessments for repair can and will be levied against the homeowner if these items are not maintained. Only plain drapes or blinds are allowed and must be neutral colors New or replacement exterior doors, screens and storm doors, and windows must be submitted to the Board of Managers for prior approval. Contact the Property Management Company for guidelines. Dryer Vents Dryer vents accumulate lint and become a fire hazard. Owners are responsible for dryer vent cleaning on a regular basis. Plumbing and Sewer All repairs to any plumbing and adjoining fixtures, leaks, toilet backups, and slow drain problems within the unit are the responsibility of the unit owner. All common pipes are the responsibility of the Association. The majority of plumbing maintenance is generally specific to a unit, rather than a common pipe. For any plumbing problems, the owner should call a licensed plumber to isolate the cause. If the problem does not involve a common pipe, the owner is responsible for the costs of repair. If the problem appears to be coming from the unit above or next door, please contact the Property Management Company. An inspection of the unit will be made to determine the source of the problem. If the problem is determined to be a common pipe then the Association will make arrangements to have the common element repaired. If the source of the problem is coming from a fixture or items that the adjoining unit owner is responsible to maintain, then the adjoining unit will be notified.
8 inspecting plumber believes that the problem is due to a common pipe, arrangements need to be made with the Property Management company before any repairs are performed. In some cases, it will be necessary to shut the water off to an entire building before repairs can be made. The Property Management Company should be informed and a 24-hour notice to all residents of the building will be given before the shut off. If the problem is such that a 24-hour delay is not possible, an attempt to notify all residents must be made. Any further questions should be directed to the Property Management Company. Prevention of Water Damage Proper precautions should be used to avoid water damage from faulty hoses on washing machines or dishwashers. It is recommended that the water supply to the washing machine and the dishwasher, if possible, be turned off when not used for extended periods. Hoses should be replaced regularly - metal clad hoses are recommended. Owners are responsible for maintaining the heat in their unit to a temperature sufficient to prevent freezing of the plumbing, whether the unit is occupied or not. Motor Vehicles Car Washing Car washing is not permitted in the community. Exterior water faucets are not intended for resident's use, nor should residents use a hose connected to the inside of a condominium unit. Repairs Most mechanical repair work is prohibited. This includes work on engines, transmissions, or changing and draining antifreeze or motor oil. Minor automotive repairs, such as changing a tire or a battery, is allowed if the repair can be completed within one hour and no damage or permanent staining of the parking lot occurs. No hazardous material including, but not limited to motor oil, antifreeze, and brake fluid should be allowed to drain onto the parking lot. Use The use of motor vehicles (exclusive of maintenance equipment used by an Association contractor) is strictly forbidden on sod and sidewalks. Violators will be assessed for necessary repairs. Parking [Handicapped parking? Recreational vehicles?] There are no assigned parking spaces, other than handicapped designated spaces. Fire lanes are not for parking. Vehicles parked in a fire lane will be ticketed and/or towed immediately at the owner's expense. There will be no warning. A car parked in an illegal area that blocks a driveway, dumpster or another resident s vehicle will be towed immediately at the owner's expense. There will be no warning. No campers, trailers, boats, recreational vehicles, and Trucks over ¾ tons shall be stored or parked on the common elements. Moving vehicles and storage pods must get prior permission from the Management Company. Vehicles that are inoperable and/or have expired vehicle registration licenses are considered abandoned vehicles and will be ticketed. The owner will be given 72 hours, by way of ticketing
9 notification, to correct the problem. If not corrected after 72 hours, the vehicle will be towed at the owner's expense without further notice. Noise All owners, occupants, and guests shall exercise reasonable care to avoid making loud, disturbing, or objectionable noises. This includes elevated voices, musical instruments, radios, television sets, amplifiers and any other instrument or device that may disturb occupants of other units. Occasional occurrences should be discussed and resolved among owners. In cases of extreme disturbances, the Denver Police should be called at the time of the disturbance and a written violation notice should be sent to the Property Management Company. Quiet hours will be observed from 10 p.m. to 7 a.m. Noise is one of the most common complaints and can have a very negative effect on many residents. Please show consideration for your neighbors. Personal Disputes The resolution of any personal disputes between any owners, residents, or guests is the responsibility of the owners and/or residents. The Association is not responsible, nor are they certified or authorized to provide personal services. In extreme cases, it is recommended that the Denver Police be notified. Pets The City of Denver has specific ordinances regarding pets that must be observed: All pets must be properly licensed. Residents must follow all relevant local Denver City/County Ordinances regarding the size, type, and number of pets allowed. Pets must be kept on a leash at all times while in common areas. Pets must be in the owner's control at all times. Pets must not be permitted to attack, bite or harm people or other animals. Residents are responsible for picking up their pet's waste immediately and disposing it in an appropriate trash receptacle. A pet area has been established south of building W for pet owners to allow their dogs to be off the leash in this area only. Fines have increase to $ Per waste violation. Violations of these rules should always be called into the City of Denver Animal Control Unit. Additionally, violations should be submitted to the Property Management Company. In addition, Brandy Chase At Eastmoor Park Association has established the following rules and regulations: Pets may not be "tied-up" to stairs, trees, signs, doors or any other stationary object or confined unattended on the patios. Owners are responsible for any damage caused by a pet to any Brandy Chase at Eastmoor Park property. Signs No signs, poles, or stakes may be installed at any time in any common property areas. This is to avoid damage to sprinkler systems and to allow efficient maintenance of the common area. No signs may be attached in any way to the exterior of any unit or building except as noted below. Professionally lettered Rental and For Sale signs are limited to one (1) per unit and can be displayed through a window or firmly secured to the exterior railing of the patio or balcony using non-destructive attachments (no screws/nails). The size of the sign is limited to 5 square feet.
10 Trash Common Trash Receptacles All trash shall be deposited inside the common trash receptacles provided by the Association. To avoid trash from blowing throughout the community, all bags must be securely tied and put into the dumpster. All empty boxes must be broken down. Trash may not be left outside of unit doors. All trash should remain inside the unit until it is taken directly to a trash receptacle. Depositing trash from non-brandy Chase locations (such as a job site or offsite businesses) is not allowed. Hazardous Material No hazardous materials such as, but not limited to, motor oil, paint, or gasoline are to be deposited in the trash receptacles. This is a City of Denver Ordinance and violators will be responsible for any fines or fees incurred by the Association. Large Trash Items Owners are individually responsible for the disposal of their own large boxes, furniture, Christmas trees, car parts, or other articles that will not fit in the trash receptacles. Heavy items and furniture shall not be deposited in or alongside the trash dumpsters. Owners of any such large or heavy articles left at the dumpster areas will be responsible for the cost of removing such articles. Owners responsible for their tenants dumping also. Use In compliance with zoning regulations, all condominium units are limited to residential use only and shall not be used for any business, manufacturing or commercial purpose whatsoever. Interior Floors Due to the excessive noise associated with hardwood floors and other hard surface products, the second (2nd) story units are required to have carpeting only in the living room, dining room, hallways, and bedroom(s). Prohibited materials must be removed and replaced at the owner s expense. Enforcement: Procedures and Fines Complaints of any violations should be submitted to the Property Management Company in writing. Please include: Date, time, and place of the violation A full description of the violation The name and address of the violator Your name and address Once owner and Board have agreed to remedy a violation. All fines are suspended as long as owner complies with the agreement. Failure to comply will result in all suspended fines being levied retroactively. No action will be taken without a written complaint. Depending on the issue and severity, either the Property Manager and/or the Board of Managers will review the complaint for legitimacy and see that the appropriate action is taken. Penalties for violation of local, city, county, state or federal ordinance or laws may be enforced by the appropriate government agency, in addition to any fines or other remedies, pursued by the Association.
11 Brandy Chase Process and Penalties The First Offense results in a written warning. The warning and any subsequent notifications will specify the time granted to the owner to remedy the violation. Non-compliance after the First Offense for the same violation shall result in a written notification for a Second Offense, with an opportunity for a hearing and a potential $50 fine. Non-compliance after the Second Offense for the same violation shall result in a written notification for a Third Offense, with an opportunity for a hearing and the potential for an additional $100 fine. Non-compliance after the Third Offense for the same violation shall result in a written notification for a Fourth Offense, the initiation of legal action, and the potential for an additional $200 fine. Upon finding a violation of documented rules and regulations, any costs associated with any of these violations will be assessed to the owner's account. Unpaid fines may result in a lien to the owner's property. In addition, upon finding a violation of documented rules and regulations, the Board shall have power to suspend the voting rights of the owner as well as to suspend the resident's use of the recreational facilities. Owner & Resident Information Form The information requested on this form is necessary, per paragraph 31 of the Declaration, in the case of an emergency regarding your condominium unit. Please print or type all sections of this form and return it to the Property Management Company. (Owner & Resident Information Form on next page)
12 Brandy Chase At Eastmoor Park Association Condominium Homeowners Association Unit Owners Name(s): Address: Mailing Address (if different from above): Off Site Address: Phone: (Home) (Work) (Cell) (FAX) address Lending Institution or Mortgage Company Information Company Name: Address: Loan Number: Phone: Fax: Insurance Information -Optional Homeowner Insurance Company Name: Policy Number: Homeowner/Resident Emergency Contact Information (someone who does not live with you) Name: Phone: Address: Renter Information (Required Information) Renter Name(s): Renter Phone Number: (Home) (Work) (Cell) (FAX) address: