RULES AND REGULATIONS OF TERRACE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.

Transcription

1 RULES AND REGULATIONS OF TERRACE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. Pursuant to the Declaration of Covenants and Bylaws of The Terrace Condominiums Homeowners Association, Inc. (the Association ), the Board of Directors (the Board ) has adopted the following Rules and Regulations to govern the use and enjoyment of the Terrace condominiums (the Complex ). The Board desires to ensure the highest possible standard of living experience, consistent with the surrounding community, within the Complex. In order to accomplish this, the following Rules and Regulations have been adopted, subject to change at the discretion of the Board. 1) USE: The complex shall be used solely for residential purposes and for services, activities, and recreation in conjunction with said residential use. No business may be conducted within a unit unless all of the following conditions are satisfied in the sole discretion of the Board: i. the business conducted is clearly secondary to the residential use of the Unit and is conducted entirely within the condominium unit (the Unit ); ii. the existence or operation of the business is not detectable from outside the Unit by sight, sound, smell or otherwise, or by the existence of signs indicating that a business is being conducted; iii. the business does not result in an undue volume of traffic or parking within the Complex, which determination shall be made by the Board in its sole discretion from time to time; iv. the business conforms to all zoning requirements and is lawful in nature; v. the business conforms to any Rules and Regulations that may be imposed by the Board from time to time on a uniform basis. No Bed and Breakfast or Day Care may be operated within the Complex. No short term vacation rentals will be allowed. 2) INSURANCE: Nothing may be done or stored within the Complex that might result in the cancellation of or an increase in the premiums for insurance obtained for any portion of the Complex. Individual Homeowners condominium insurance covers all privately owned space from inside wall to wall and ceiling to floor and must be acquired by each homeowner. The Association shall not be responsible for damage or loss to personal property within units or garage spaces. 3) VIOLATION OF THE LAW: Nothing shall be done or kept within the Complex or any portion of the Complex that would be in violation of any statute, rule, ordinance, covenant, or other validly imposed requirement of any governmental body, or in violation of the Rules and Regulations as enacted from time to time by the Board. 4) LEASE REQUIREMENTS: The owner of a Unit shall have the right to lease his or her Unit upon such terms and conditions as the owner may deem advisable, subject to the following: i. Any lease shall be in writing and provide that the lease is subject to the terms of the Declaration, Bylaws and these Rules and Regulations and any such lease or rental agreement must be in compliance with applicable local, state and federal laws; ii. If the tenant has any dogs, the lease shall provide that the tenant must pay an annual fee

2 of $50.00 per dog to be submitted at the time of execution of the lease. The Unit owner is responsible for submitting such fee to the Association. iii. Each owner shall be individually responsible to send to the offices of the Association s Management Company: 1) a copy of the current lease between the owner and their tenant (s), as well as names of all tenant(s) and their phone number(s) and local mailing address; and 2) a copy of the current Rules and Regulations signed by the tenant; iv. Failure of the tenant to comply with the terms of the Declaration, Rules and Regulations or any governing documents of this Association. Any fines or penalties associated with such failure shall be the responsibility of the Unit owner. 5) SPEED LIMIT: The speed limit within the Complex will be seven (7) miles per hour. Speeding and disregard for the safety of others will not be tolerated and will be subject to fines. 6) PETS: NO UNIT SHALL HAVE MORE THAN TWO (2) PETS. All pets shall be kept under strict control at all times either at the Owner s Unit or under the direct supervision of a responsible person and no dogs shall run at large. No pets are permitted to run free on the complex and the Association, its manager, or any owner may summon any appropriate authority to have an animal removed. Any barking or howling that continues for a period longer than five (5) minutes will be considered a violation of the right of peaceful enjoyment of the Common Elements and will be cause for enforcement of these Rules and Regulations by the Association. There shall be no pet allowed on the decks of a unit unless accompanied by a person. There shall be no pets tied up on the common areas of the Complex. In addition, any pet, which in the opinion of the Board of Directors or any homeowner causes a repeated nuisance or is objectionable in any way, shall be removed from the complex permanently upon 24 hours notice to the unit owner. All owners and tenants shall be required to pick up their own dog waste. 7) PARKING AND VEHICLE MAINTENANCE: Only operable automobiles and pickup trucks and vans not exceeding one ton in size shall be kept or maintained at any unit or on the Common Elements. If a car is to be left in one spot unattended for more than 72 hours, please notify the management. Please pay attention to all parking signs. Some are for emergency fire access and others are for garage access. All are important and cars will be towed WITHOUT WARNING. No garage shall be blocked by a vehicle not designated for that garage. No Vehicle maintenance or repair shall be carried out at any units or on the common elements unless such maintenance or repair is fully contained within a garage out of view of the other units. No motor homes, boats, snowmobiles or similar recreational vehicles and no trailers shall be parked within the project, other than for reasonable temporary periods, unless fully enclosed within a garage. No recreational vehicle shall be occupied while on the premises. Garages shall be maintained as parking spaces and not used for any other purpose. Parking of permitted vehicles shall be limited and restricted to designated parking areas for Owners and guests. Each unit is allowed one parking space outside of the garage. 8) GARBAGE / TRASH: All garbage and trash shall be placed in sealed garbage cans and stored in the garage until pick-up day. On pick-up day, owners shall place garbage cans on driveway and remove them at the end of the day. Trash, debris and/or garbage left in the common areas may be removed by the Association at cost plus a reasonable premium assessed against the Unit. Any extra or large items left out for trash pick-up that the Association is charged extra for by the trash removal company shall be billed to the Unit owner.

3 9) BALCONIES, DECKS, and WINDOWS: Decks and balconies shall not be used for storage except for barbecues or patio furniture. For Sale or For Rent Signs, towels, banners, articles of clothing, linen towels, etc. shall not be hung from the balconies, window sills, or draped across balcony furniture. Anyone caught throwing any objects from the balconies may be evicted and/or prosecuted. The following are allowed to be stored on decks & patios, provided they are stored in a neat and orderly manner: i. patio furniture in good condition and in an amount appropriate to the space. No house furniture shall be stored on the decks or balconies or in any outside part of the Complex; ii. one gas or electric cooking grill, in working order and not a fire hazard. No charcoal or wood burning receptacles allowed! iii. appropriate holiday lights and decorations may be hung from the balconies and decks so long as they are put up no earlier than two weeks before the holiday and removed no later than two weeks after the holiday. 10) NUISANCES: Noise volumes shall be appropriate between the hours of 10:00 p.m. to 7:00 a.m., and at all other times determined by the Board. No Owner or tenant of a Unit shall operate any machines, appliances, electronic devices, equipment or accessories in such a manner as to cause, in the judgment of the Board, an unreasonable disturbance to others, or to cause any damage to or overloading of any mechanical, electrical, plumbing or other such system serving the Complex. 11) ANTENNA: No antenna of any sort shall be placed, allowed, or maintained on any portion of the general or limited common elements. All dishes MUST have Board approval before installation. 12) AIR CONDITIONING UNITS: Any purchase and installation of a central air conditioning unit must have Board approval prior to installation. 13) PERSONAL PROPERTY: Any personal property left OR STORED in ANY OF the general common elements may be presumed abandoned and will be disposed of by the Association with no notice and at no liability to the Association. 14) ASSESSMENT: LATE PAYMENT INTEREST begins after the 15 th of each month. Any HOA dues or any assessment received after the 15 th day of the month shall accrue interest on the unpaid balance at the rate of 1.5% per month. Any dues paid quarterly or yearly must be paid in advance. 15) ENFORCEMENT AND RIGHT OF ACTION: Any complaint that alleges a violation of the Declaration, Rules and Regulations or Bylaws shall be made in writing, and shall contain all information set forth in the Complaint Form attached hereto as Exhibit A. Form will be made available upon the management s or HOA web site. Owner shall be notified of the complaint and alleged violation by the Association, by delivery by mail. Such notification shall also include the fine imposed for such violation. Should Owner wish to be heard by the Board regarding the alleged violation, Owner may request a hearing within seven (7) business days after delivery of the Complaint Form by delivering such request to the Association s Management Company. A hearing shall be conducted not later than thirty (30 days) after receipt of the request for a hearing. The determination of the Board after the hearing shall be final and binding on the Owner and the Association. If the Owner, or the Owner s tenant, is found to have violated the Declaration, Rules or Bylaws, the following fines shall be imposed: First Violation: $25.00 Second Violation: $50.00 Third Violation: $ Further Violation: at discretion of the Board

4 A fine for a continuing violation will accumulate at a per day rate until the violation has been eliminated and the Association has received notice of cessation of the violation. Owner shall be responsible for damages and legal expenses and costs resulting from the violation(s). Such fines shall be paid within thirty (30) days following notice to the Owner. The remedies provided herein are not exhaustive. The Board may take any additional action provided at law or equity, or as provided in the Declaration or Bylaws. IN WITNESS WHEREOF, the undersigned President of the Association certifies adoption of the foregoing Rules and Regulations of the Terrace Condominiums Homeowners Association, Inc., by the Board on the day of March, TERRACE HOMEOWNERS ASSOCIATION, INC. By: President EXHIBIT A COMPLAINT FORM PLEASE PRINT OR TYPE. Complete all the information of which you have knowledge. If you have no knowledge, please state as such. Attach additional sheets as necessary. INFORMATION CONCERNING THE ALLEGED VIOLATION Name of Alleged Violator Violation Date and Time Unit Number Violation Location Statement of Violation: Please include any videotapes or photographs. INFORMATION CONCERNING WITNESS(ES) TO VIOLATION Reporting Witness Name Unit Number Phone Number _ Additional Witness Additional Witness

5 I HAVE SUBMITTED THE ABOVE STATEMENTS BASED ON MY PERSONAL KNOWLEDGE AND NOT UPON WHAT HAS BEEN TOLD TO ME. I WILL FULLY COOPERATE WITH THE ASSOCIA- TION TO PROVIDE ADDITIONAL STATEMENTS OR AFFIDAVITS. Signature Date Please mail to: The Fleisher Company Attn: Deb Nakano 995 Cowen Drive, Suite 201 Carbondale, CO Fax: