THE WOODS AT WILBRAHAM CONDOMINIUM ASSOCIATION HIGH PINE CIRCLE WILBRAHAM, MASSACHUSETTS

Transcription

1 RESIDENT HANDBOOK THE WOODS AT WILBRAHAM CONDOMINIUM ASSOCIATION HIGH PINE CIRCLE WILBRAHAM, MASSACHUSETTS Managed By: Atrium Property Services, Inc. 476 College Highway, Southwick, MA Phone: (413) Fax: (413)

2 Table of Contents Page Purpose & Disclaimer...1 Introduction State Laws Condominium Rules The Woods at Wilbraham Board of Trustees Monthly Meetings Annual Meetings Managing Agent 2 Emergencies All Other Issues Safety and Security Fire Safety Smoke/Carbon Monoxide Detectors Violation of Rules.3 Warnings and Fines Right to Hearing Monthly Fees Annual Assessment Monthly Fees - Due Date Monthly Fees- Delinquencies....4 Monthly Fees Collection Proceedings Trash Removal Utilities Winter Precautions Keys Architectural/Common Area Variance (Renovations)

3 Table of Contents Page Insurance....5 Rules of Insurance Proof of Insurance Parking Visitor Parking Speed Limit Motor Vehicles Commercial Vehicles Recreational Vehicles, Snowmobiles, Boats and Trail Bikes Immobile or Abandoned Vehicles Traffic Signs Patios and Decks Architectural Integrity.6 Pets Common Area Use Hanging of Clothes or Other Articles Flags Garden Flag(s) or Decoration(s) Flowers and Plants Holiday Decorations Annoyance or Nuisance Guests Leasing/Rentals Snow Removal..7 Light Bulb Maintenance Irrigation Rummage, Garage and Tag Sales Pest Control Soliciting Helpful Phone Numbers 8

4 1 PURPOSE & DISCLAIMER: The purpose of this handbook is to answer many of the questions a Unit Owner at The Woods at Wilbraham may have and to provide a reference for various policies in the Community. If there is a conflict between any statement in this handbook and The Woods at Wilbraham Master Deed, Trust, By-Laws, or Rules and Regulations, then THOSE documents shall prevail over this handbook. INTRODUCTION: Living in a Condominium is different than living in a free-standing home or apartment. Although Condominiums are similar to apartments with regard to the multi-family lifestyle, there is one fundamental difference. Each Unit Owner has a vested financial interest in the entire property (similar to owning a home). How the Community looks and is operated directly affects the market value of his/her Unit. This is an important concept because a Condominium governs itself through its By-Laws and membership. As a Community, it decides how all aspects of the Condominium will be operated and maintained. The Board of Trustees (representing the Community) can also enforce compliance with the Rules and Regulations by imposing fines when there are violations. The fundamental objective of a Condominium is to preserve the market value of each Unit for all Owners while providing a Community that meets their quality of life needs. STATE LAWS: A Condominium in the Commonwealth of Massachusetts is governed by the General Laws of Massachusetts, Chapter 183A. This legislation is available on the internet at CONDOMINIUM Governing/Documents: Unit Owners are governed by the elected Board of Trustees in accordance with three documents. These documents should have been received from the Seller of the Condominium prior to any closing. Unit Owners are required to read and become familiar with these documents before they sign and purchase their Unit. These documents are on file at the Hampden County Registry of Deeds and they are also available from the Managing Agent. These documents are: The Master Deed of The Woods at Wilbraham Condominium The Woods at Wilbraham Condominium By-Laws The Woods at Wilbraham Condominium Rules and Regulations (including any and all Amendments ) THE WOODS AT WILBRAHAM BOARD OF TRUSTEES: The Board of Trustees is often referred to as The Board, Executive Board, The Trustees or something similar. The Board is composed of 7 Trustees. While there may be a vacancy on the Board at any given time, there must be at least 4 active Board members in place to conduct Association business. The Board governs all aspects related to the operation of The Woods at Wilbraham and compliance with the Master Deed, By-Laws, and all other applicable Rules and Regulations. Trustees are elected by a majority vote of unit owners each year at the Annual Meeting. The Board oversees the activities of the Managing Agent and provides direction on how to respond to various issues and requests. The Board of Trustees meets once each month to conduct Community business. Trustees are not compensated for serving on the Board. MONTHLY MEETINGS: The Board meets once each month to conduct Association business. Typically the monthly meeting is held on the fourth Tuesday of each month at 3:00 PM at the Wilbraham Senior Center. All meetings are open to The Woods at Wilbraham community, however, only Unit Owners are allowed to attend these meetings. Contact the Managing Agent to confirm the next monthly

5 meeting date if you wish to attend. All others (i.e. renters or family members) must convey their issues through their respective Unit Owner who can then convey it to the Board. ANNUAL MEETINGS: Each year in June, the Board conducts an Annual Meeting. The purpose of this meeting is to review the financial status for the previous fiscal year, to appoint and elect Trustees to the Board, and to discuss Community based issues. Prior to this meeting, the Managing Agent will send all Unit owners notice of the meeting date and other applicable documents. 2 MANAGING AGENT: The Managing Agent is retained by the Board of Trustees to address the daily needs of the Community. The Managing Agent acts as a liaison between the Board and Unit Owners. Should you have any questions or concerns, the Managing Agent is available Monday through Friday between 8:30 AM and 4:00 PM. The Managing Agent can make a determination as to what action is appropriate to meet your needs, or will otherwise seek Board direction. The Managing Agent is: Atrium Property Services, Inc. 476 College Highway Southwick, MA Phone: (413) Fax: (413) EMERGENCIES: In the event of a FIRE, FLOOD or other HAZARDOUS SITUATION which occurs on an evening or weekend, you should contact the emergency-only service for Atrium Property Services, Inc. at You should also contact your appropriate local emergency response personnel. ALL NON - EMERGENCY ISSUES: For any issue related to The Woods at Wilbraham, first contact the Managing Agent either by phone or, better yet, by written communication. Neighbor to neighbor issue or reports of non- compliance must be placed in writing. It is the Managing Agent s responsibility to address your issue. Any non-emergency issues the Managing Agent cannot address will be presented to the Board for resolution at the next regularly scheduled monthly meeting. SAFETY AND SECURITY: The best program is the one where we look out for each other. Get to know your neighbors. If you notice any unusual activity or suspicious persons, please contact the Wilbraham Police Department immediately or by calling 911, as appropriate. Remember it s up to all of us. FIRE SAFETY: In the event of a fire, leave your unit immediately closing the door behind you. Phone the Fire Department by calling 911. Be specific. Give the address of the fire, the phone number you are calling from, and describe exactly what is on fire. DO NOT ASSUME THAT SOMEONE ELSE HAS CALLED THE FIRE DEPARTMENT. Await the arrival of the Fire Department Personnel and direct them to the fire. DO NOT RE-ENTER THE BUILDING UNLESS AUTHORIZED BY THE FIRE DEPARTMENT. Any fire, large or small, must be reported to the Management Company. SMOKE & CARBON MONOXIDE DETECTORS: Each unit is furnished with smoke detectors. It is your responsibility to test each one at least annually. To check, press the test button located in the center or to the side of the detector. If it is not functioning, you may wish to contact an electrician or other qualified home repair specialist.

6 Carbon Monoxide detectors are now required by law in most states. Your Unit should be furnished with the required number dictated by the current Massachusetts law. It is your responsibility to test any batteries in the Carbon Monoxide detector and replace them when necessary. It is recommended that you test the batteries at least twice a year. Smoke and Carbon Monoxide detectors SAVE LIVES. 3 VIOLATION OF RULES: Any Unit Owner who observes a violation of the By-Laws or Rules and Regulations has the right to report that violation to the Board for corrective action. Based on observation, failure to report violations when they are first observed typically results in the violation continuing until it is finally reported and addressed by the Managing Agent and/or Board. Notification to the Board can be accomplished several ways: Send a detailed letter or to the Managing Agent. Phone the Managing Agent and speak with a representative and follow up in writing. Contact a member of the Board directly if the Managing Agent has not addressed the issue. When reporting a violation please include the following: The specific details of the violation that occurred including the date and time The Unit in violation and preferably the specific Owner, Tenant or Guest Your name and Unit number Anonymous reports will not be acted upon WARNINGS AND FINES: Unit Owners are subject to fine when they, their tenant or invitees violate the By-Laws or the Rules and Regulations of The Woods at Wilbraham. Typically a warning letter is sent to the Unit Owner for the first occurrence of each violation that is reported. Thereafter, any repeated violation is subject to a fine on a per-occurrence or per-day basis. Unit Owners may be held responsible, warned, and/or fined directly for their actions, their compliance, as well as that of their Tenants and/or Guests, subject to their right for a hearing with the Trustees. RIGHT TO HEARING: Any Unit Owner who wishes to dispute a fee or fine has the right to a hearing before the Board. All requests for a hearing should be made in writing to the Managing Agent by the Unit Owner promptly after said fee or fine has been assessed. The Managing Agent will contact the Unit Owner and advise them when their hearing will be. Typically, hearings are held in executive session during the next scheduled monthly meeting of the Board. Unit Owners who fail to appear before the Board for their scheduled hearing without due notice shall forfeit their right to such hearing and the fees or fines levied will be subject to determination by The Board. MONTHLY FEES ANNUAL ASSESSMENT: Monthly fees are based on the Board s projections of what it will cost per Unit to meet the needs of the Community during the upcoming fiscal year. These projections take into account regularly occurring utilities and operating expenses required for the Community, capital replacements, and reserve funding for future capital replacements. The Board determines the annual budget for the Community and assesses this cost to each Unit Owner in the form of a monthly fee established at the beginning of each fiscal year. MONTHLY FEES DUE DATE: Monthly fees are due by the 10 th of each month. It is the Unit Owners responsibility to make payment on or before the 10 th of each month taking into account their personal schedule and conflicts that may affect on-time payment of their monthly fee. Payments postmarked after the 10 th of the month shall be considered late since this is a recurring monthly expense we all share. Late payments shall be considered a violation of the Rules and Regulations and will be

7 subject to a $10.00 late fee. In accordance with Commonwealth of Massachusetts regulations, monthly fees cannot be withheld or prorated for any reason by a Unit Owner. 4 MONTHLY FEES DELINQUENCIES: Any monthly fee that is more than 10 days late shall be considered delinquent. A demand letter for payment will be sent by the Managing Agent to the Unit Owner stating they are delinquent. The Unit Owner will then have a specified time period to pay said delinquency before their account is referred to an attorney for collection proceedings. MONTHLY FEES COLLECTION PROCEEDINGS: Typically, once an account is referred for collection proceedings, the attorney will also make a written demand for payment upon the Unit Owner and then notify their Mortgage holder of said demand. The Unit Owner will be responsible for all delinquent monthly fees and fines in addition to all legal fees incurred by the attorney to make collection of said delinquency on behalf of the Community. Some attorneys charge a flat fee to perform this task, whereas others charge a percentage of the delinquency due to the Community. TRASH REMOVAL: All trash/garbage is collected by the trash removal contractor on Mondays of each week. In the event of a state or federal holiday, pick up is delayed one day and will be picked up on Tuesday. All bagged, household trash is to be placed curbside at your unit on Monday mornings. While pick-up times vary, it is not expected that trash should be removed earlier than 8:00 AM. The placement of trash the day or night before scheduled removal is prohibited. Unit Owners are responsible for making arrangements for the removal of bulk items (i.e. furniture, appliances, etc.) from the property. Recyclables are picked up each week, paper/cardboard and bottles/cans/ plastic are collected on alternating weeks. Please consult the trash collection schedule for pick-up information. UTILITIES: Water and sewer costs are billed directly to the unit owner by the management company and payment is made to the management company. All other utilities are to be paid directly by the unit owner to your provider. If you are going to be away for any length of time while temperatures are 32 degrees or less, it is recommended to keep your thermostat at a minimum of 55 degrees in order to prevent pipe freezing while you are away. You may also wish to consider a plumber who will drain all lines and shut the water off at the main where it enters your unit. WINTER PRECAUTIONS: REMEMBER! Allow both the hot and cold water faucets to trickle where the plumbing is on an outside wall of the unit during extended sub- freezing temperatures. If you plan on being away during the cold weather months, please turn off the water at the main valve, and turn your hot water tank to vacation setting, or otherwise contact a plumber to winterize the residence. As well, during sub-freezing conditions you should check the flow of hot and cold water each morning and evening. If frozen, turn off the main water valve and call for service. If you cannot locate the main water valve, please contact the Managing Agent for assistance. KEYS: Unit Owners are responsible for the management of their own keys, including all entry door and mailbox keys.

8 ARCHITECTURAL/COMMON AREA VARIANCE: Any additions, alterations, or improvements outside the home must first be approved by the Trustees by submitting a request in writing c/o ATRIUM PROPERTY SERVICES, INC. and completing an architectural or common area variance form. If the request is considered, the Board will send notice to the Homeowner requesting copies of permits, insurance certificates and proper licensing of the contractor. Structural interior work that requires a permit is also to be copied to The Board in advance of the work. 5 INSURANCE: The Association carries a Master Insurance Policy which covers the Condominium as a whole. It does NOT provide coverage on your personal possessions or liability in your home. All homeowners need to carry a separate Homeowners Insurance policy (commonly referred to as an HO 6 policy) that can be melded with the Association s policy. Please contact Atrium for the Association s Insurance Agent and phone number, if you or your agent needs to contact the Association s agent. If you have a tenant living in an Investor unit, we recommend that you require Insurance to cover your personal possessions. Again, there is NO coverage for personal possessions. Nothing should be done or kept which may cancel the buildings insurance or increase the rate of insurance on any of the buildings, or contents thereof, without the prior consent of the Trustees. For additional information on coverage, please refer to The Woods at Wilbraham Condominium By-Laws. RULES OF INSURANCE: All occupants shall comply with the Rules & Regulations of the New England Fire Rating Association and with the rules and regulations contained in any fire and liability insurance policy on the property. PROOF OF INSURANCE: For those homeowners with a mortgage on their property: When your mortgage company or bank notifies you (typically yearly) that they are looking for proof of insurance for the Association, please refer them to the Management Company, or you may call for instruction. PARKING: All units are deeded the ownership of a garage(s) for the parking and storage of their motor vehicle(s). All Unit Owners with garages should utilize the garages, driveways and/or spaces directly in front of their garages for the parking of their motor vehicles. VISITOR PARKING: Visitor parking is available on a first-come, first-served basis. Open parking spaces for guests, visitors or other non-residents of the property are available in cut outs style parking lots parallel to the street. SPEED LIMIT: The speed limit followed at the property is 20 miles per hour on all roads and drives within the Condominium community. MOTOR VEHICLES: All persons will have properly registered and insured vehicles while at the property and will comply with Massachusetts State Laws, Department of Motor Vehicle regulations, and applicable local ordinances on the roads, drive and property. COMMERCIAL VEHICLES: Are prohibited with the exception of moving vans, trucks or trailers used for the purpose of temporary loading or unloading and working at the site. PICKUP TRUCKS, RECREATIONAL VEHICLES, SNOWMOBILES, BOATS, TRAIL BIKES: Are prohibited on the property in any open area. IMMOBILE OR ABANDONED VEHICLES: Are prohibited and will be towed by the Association.

9 TRAFFIC SIGNS: Please take notice of the stop signs and traffic signs throughout the property. It is important to obey them as you would any other traffic sign on state and city roads. PATIOS AND DECKS: We encourage you to enjoy your decks and patios. You may install outdoor furniture, potted plants and other similar items on your deck. Outside furniture must be contained on your deck or patio. Installation of fencing (other than existing privacy fencing) is not allowed. Any stairways should be kept clear and free of obstructions. ARCHITECTURAL INTEGRITY: The architectural and structural integrity of the buildings and units (i.e. walls, ceilings) shall not be altered except as consented by the Board of Trustees. This includes, but is not limited to the addition of door knockers, exterior painting, decals, antennae and satellite dishes, signs, banners, exterior light fixtures, doors or windows. 6 PETS: Two pets are permitted per residence. All animals must be licensed by the Town and have been inoculated for the prevention of rabies and/or any other diseases by a qualified Veterinarian. No animal is permitted to roam the grounds freely; dogs must be leashed and cats must be in pet carriers or on leashes when outside. Food and water dishes are not to be placed on patios, balconies or any area outside the unit. Pet Owners are responsible for the cleanup of any defecation made by their pet. No breeding of any kind is allowed on the property. Please refer to the most recent copy of the Rules & Regulations for further guidelines regarding this issue. COMMON AREAS: The hanging of clothes is not permitted anywhere on the property. Use of the common area for storage of tents, screen houses, motorcycles, picnic tables, benches, playground equipment, swings and similar items are not permitted. No personal possessions should be kept at lawns, plant beds or lots when not in use. Gas or charcoal grills are to be operated at least ten foot away from building elements. In addition, by MA State Fire Laws, gas grilles may not be stored in garages. Any damage to siding or other common element(s) will be the responsibility of the unit owner for repair or replacement. FLAGS: The standard approved American flag must not exceed 5 feet by 3 feet. If approved, you may place one flag only at the location(s) specified in the rules. NOTE: Additional flags or other ornamental items may not be attached, hung or otherwise displayed in any common or limited common area without the approval of the Board of Trustees. FLOWERS AND PLANTS: Flowers are a welcome beautification to the community. If you wish to plant small flowers in your Unit s existing rear or side common planting bed, or at the rear wood line, if there is one, you may do so. The maintenance of all unit- owner-installed flower beds is the responsibility of the unit owner. HOLIDAY DECORATIONS: From Thanksgiving through January 15 only, holiday decorations on and around front doorways and non-blinking white lights on shrubbery are allowed at certain locations detailed in the Association regulations. ANNOYANCE OR NUISANCE: Living in a multi-unit community requires mutual cooperation and understanding among residents. Stereos, radios, musical instruments and televisions should be kept moderate to low volume especially during the evening and late-night hours. Any excessive noise should be reported to the Management Company and, if severe, to the local authorities. GUESTS: The owner of the residence is wholly responsible for the actions of their guests and should take time to inform them of the community standards while visiting the property. LEASING/RENTALS:. Any unit-owner that may be contemplating the possible lease/rental of a unit to another party should contact the Management Company PRIOR to entering into any rental/leasing arrangement or agreement. Management will need to review whether such rental/lease is permissible

10 under the Association s governing documents, and (where permissible) to secure the written permission and consent of the Association s Board for such rental/lease. The leasing/rental by any owner of any unit without the prior written consent and approval of the Association s Board is at that particular unitowner s own peril, and could have very serious consequences if it is later determined to be in violation of the Association s governance. Such consequences may include (but are not necessarily limited to) fines being assessed to the offending unit owner and a demand for eviction of that unit owner s tenant to any extent then permitted by the Association s governance and applicable law. 7 SNOW REMOVAL: The Association s contractor plows the snow from the streets, parking areas and walkways. It is imperative that you remove your car from your driveway or parking area when the plow trucks arrive to clear the snow. Your efforts in assisting the contractor by anticipating their arrival will keep them moving quickly through the property. NOTE: If your car is not moved when the plow trucks arrive you risk the chance of having your car plowed in, fines, or tow. LIGHT BULB MAINTENANCE: The light bulbs for the street lamp posts and flood lights located in the common area are serviced by the Association. If you should notice a burned out bulb please call the Management Company to report its location. Any light bulbs that are exclusive to one unit are to be serviced by the unit owner. IRRIGATION: Please report any issues with the irrigation system (i.e. sprinklers that are not working, broken, misaligned, etc.) to the Management Company so the problem can be forwarded to the Association irrigation contractor for immediate service and/or correction. RUMMAGE, GARAGE AND TAG SALES: These are not permitted. An Estate Sale may be allowed under certain conditions. Please contact management. PEST CONTROL: Please contact the Management Company for assistance if you should experience a severe pest control issue or infestation. At this time only termites, carpenter ants & bees are included in this service. Contact the Management Company if you suspect a wood-damaging insect issue at your unit. SOLICITING: The Woods at Wilbraham Condominium is a NO SOLICITING property. Unit Owners may report any business or entity that is soliciting at the property to the Police and Management Company. For any management, maintenance or accounting issue, please contact Atrium Personnel or leave a message at: ATRIUM PROPERTY SERVICES, INC. 476 College Highway Southwick, MA (413) FAX (413)

11 8 HELPFUL TELEPHONE NUMBERS Atrium Property Services, Inc. Management Office (413) FAX (413) EMERGENCY ONLY (413) Wilbraham Police Department EMERGENCY.911 NON EMERGENCY.(413) Wilbraham Fire Department EMERGENCY.911 NON EMERGENCY.(413) Massachusetts Poison Control Center Ambulance 911 Baystate Medical Center..(413) AT & T..(800) Verizon.(800) National Grid (24 hr service). (800) Columbia Gas Co..(413) Gas Leak Emergency Charter Communications....(877) Town of Wilbraham......(413) Hampden-Wilbraham Regional Schools...(413) Wilbraham Department of Public Works (413) ext.208. Wilbraham Library.(413) Springfield Library & Museums.(413)

12 Wilbraham Post Office...(413) Springfield Republican Newspapers (413) Wilbraham Hampden Times (413)