John Parker Lakeside Village Condominium Trust East Falmouth, Massachusetts 02536

Transcription

1 John Parker Lakeside Village Condominium Trust East Falmouth, Massachusetts Compiled list of Rules and Regulations February, 2008 This compilation of rules is not comprehensive and is not meant to imply that no other rules or regulations apply. The following rules and regulations apply to all owners, tenants and guests, effective this date. (Reference John Parker Lakeside Condominium Bylaw, Article 5, Section 5.s entitled: Rules, Regulations, Restrictions, & Requirements.) These Rules and Regulation also include some of the provisions of Chapter 183a of the Massachusetts General Laws with Chapter 527 of the Act of 1983, Chapter 709 of the Acts of Mass Condominium Law dated December 1, It should be noted that Rules and Regulations are superceded by the Bylaws, which in turn are superceded by local, state and federal laws. Trustees will respond to complaints by owners if those complaints meet the following criteria: 1) The complainant must make the complaint in writing. 2) The complainant must have personally witnessed the behavior that is being complained about. 3) The complaint should have sufficient detail to allow for a response (e.g. date, time detailed description of what happened, names of other witnesses, if any, etc.) 4) The complaint must be dated and signed. Owners who violate the Rules and Regulations are subject to a fine of $25.00 per day for each day that the violation occurs. Building Reference: BLD 1 (7 units) # s 1-6, #28 BLD 2 (6 units) # s 7-12 BLD 3 (14 units) # s Parking: There will be no parking in front of units 1 12 except for overflow when all parking spaces are taken, or to load or unload a vehicle. There will be no parking at all on lawn areas in front on Units There is an entrance and an exit driveway. There is a One Way sign at the Entrance, and an Exit sign on the other end. From Memorial Day weekend to Labor Day, this will be strictly enforced due to the number of children on the premises during the summer months. Due to the near accidents, extreme caution must be used when backing out onto Parker Road. There will be no more than two (2) vehicles per two-bedroom unit and no more that one (1) vehicle per efficiency unit parked on the property on a regular basis. (For purposes of the rule, parking on the property for three (3) or more nights per week, for three (3) or more weeks in a month will constitute on a regular basis.) (Owners of efficiency units that have two cars parked on JPV property on a regular basis as of the date above are exempted from this rule.) Violators of these rules will be notified in writing for the first offense, and then charged $25.00 per day for any subsequent offenses. Unregistered vehicles are not allowed on JPV property. Owners of unregistered vehicles will be given seven days, after written notice from the Trustees, to remove the vehicle. Starting on the 2/22/2008 1

2 eighth day, the vehicle owner will be fined $25.00 per day. (In the case of renters who are guilty of this offense, the owner of the unit they are renting will be responsible for collecting this fine or will be required to pay it. Notice of the offense will be mailed to the owner at the same time it is given to the renter.) Boats, trailers or towed campers may not be parked or stored on JPV property. With the exception of designated handicap spots, there are no reserved parking spaces at JPV. If any Owner/Tenant s vehicle is observed to be leaking a significant amount of oil, the Trustees will contact the owner and tell them the vehicle must be removed from the parking area as soon as possible. When the vehicle has been repaired, the owner or tenant may resume parking in the driveway. The owner will be responsible for all costs if there is any significant damage to the driveway requiring repairs. 2. Common Areas: (a.) No receptacles, toys, pets, trash, vehicles, or other articles shall be placed so as to obstruct common areas, passageways or parking areas. This includes leaving storm doors open and the placement of furniture, planter boxes, grills, etc. No personal property (including grills, lawn furniture and toys) will be allowed to be kept in the middle of the lawn areas of the common area. This obstructs lawn mowing etc, and increases the cost of landscaping. (b.) Common area behind all buildings, including decks is not available for storage of odd items. No other objects (boats, mops, brooms, etc) should be stored on porches of BLD 3 or on the common area behind units. Ample storage space is available in the basement of BLD 3 and in other small rooms on the property if such objects cannot be stored in the owner s unit. (As of notification on March 1, 2002, the trustees of their designee have been authorized to dispose of improperly stored materials and the cost of their disposal is to be charged to the owner of the unit involved.) It is the responsibility of owners to ensure the decks and the deck area on BLD 3 adjacent to their units is uncluttered, neat, and clean. (c.) Nothing should be attached to the outside of any building at JPV. Signs or other objects may not be displayed on the exterior of doors, or placed between doors (storm door and principal entrance door). The only exception to this rule is that hanging plants can be suspended on the porches of BLD 3 from hangers provided for that purpose. Any other exceptions require the written permission of the trustees. (d.) No one at JPV has a yard. With the exception noted in the following paragraph, all outside areas at JPV are part of the common area, as are storage areas, unit 28 and 28A, and the game room. There will be no vegetable plants or vegetable gardens allowed on any of the common areas of JPV. (e.) The bylaws of JPV ascribe absolute authority over the common areas to the Board of Trustees, who may regulate the use of these areas as they see fit. Unit owners at JPV own only their own units, inside the studs of the building as it was constituted at the time the condominium trust was established in The only exception to this is additions that were sanctioned in writing by the Trustees and added to the property after This includes, for instance, decks (and patios directly adjacent to an owner s unit) that were added by individual owners with the appropriate written permission. As provided for in the bylaws, such owners have exclusive use of the decks or patios themselves, even though these are constructed on the common area. Likewise, since the owners have exclusive use of such structures, they also have the liability of maintaining, repairing and replacing these structures. (f.) All additions (including replacement windows, doors, decks patios, and other construction made by individual owners) are made and maintained by the individual owner of the unit to which the additions were made. Individual owners are also responsible for any damage that results from such additions, either to association property or to the property of any individual owner (including their own). If additions are made properly by responsible contractors, this should present no 2/22/2008 2

3 problem. Shoddy construction, however, will leave the owner responsible for the cost of necessary repairs that may result, either from immediate damage or from later damage that is a direct result of the addition. The association derives no benefit from any such construction, and so cannot assume any liability. (g.) Due to the increase in owners residing here at JPV, there will have to be a limitation on the amount each owner may store. Owners are responsible for items stored by their tenants. Storage must be limited to seasonal items and outdoor furniture. Clothing and other perishable items cannot be stored in these areas as these areas are not heated, which will cause mold and mildew. Storage of materials in the common areas by individuals or groups of individuals is entirely at the risk of the individual(s) themselves. It is up to owners to provide security for anything that they store in the common area. The association derives no benefit from such activity and so it cannot assume any responsibility. The means of securing objects stored in common areas must receive approval in writing from the trustees. (For instance, entrance and egress from the storage areas may not be impaired. A cabinet, chest, or box that can be locked must not take up more than one owner s fair share of the storage area. If anything is to be attached to the structure itself, care must be taken to guarantee that no irreversible damage is done to the building, etc). Items placed in the storage area must be clearly labeled with the owner s name and unit number (whether or not it is secured). Unlabelled items will be disposed of at the Trustee s discretion. (h.) Please note that it is illegal to store flammable liquids in occupied buildings. Oil-base paints, paint thinner, motors with gasoline engines, gasoline, butane, etc., stored in occupied buildings will be disposed of whether or not they are marked with the owner s name and unit number. Furniture, rugs, carpeting and bedding are not allowed to be stored in common area storage areas, unless approved by the Trustees. The storage of these types of items results in mildew, and mold, and the Association has to pay for the removal of these items. Storage areas include the Storage Shed behind Unit #6, in addition to the BLD 3 basement and the Laundry Room. (i.) Rubbish should be placed in the dumpster located near the exit to the property. Refuse should not be left outside the dumpster, or on porches or decks. Animal waste and litter, diapers and garbage should be placed and sealed in plastic bags before being thrown in the dumpster to reduce odor, and discourage rodents. Our new septic system was abused by some owners/guests in the first few months after it was installed. This abuse cost the Association almost three thousand dollars. Please note: 1. Grease should never be put down a drain or flushed down the toilet. It will destroy the septic system. Put grease in a suitable container and dispose of it the dumpster. 2. The toilet bowl is not a trash receptacle. Only body waste and toilet tissue should be placed in the bowl and flushed. If this type of activity occurs again, costs of the repairs will be billed to the individual owners found to be responsible for the damage or will be paid for by special assessments on all owners if blame cannot be assigned. (j.) There will be NO Flower or Vegetable Pots on the common areas. 3. Disturbance: No owner, tenant, family member, friends, relative, invitee, guest, visitor, agent or servant shall make or suffer any unlawful or noisy of otherwise offensive use of the premises, nor create, commit or permit any nuisance to exist thereon, nor cause damage to the premises, nor create any substantial interference with the rights, safety or enjoyment of owners or other occupants of the same unit or other units, nor make any use of the unit other than a private residence. There will be no cooking outdoors after nine o clock in the evening (9:00 p.m.). Use of the laundry facility will be limited to the hours of eight in the morning (8:00 a.m.) to nine in the evening (9:00 p.m.). 4. Pets: Unit owners may have up to 2 pets per unit, and any one pet must not exceed 35 pounds. (This rule excludes any pets currently residing at JPV at this writing, October, 17, 2005) No tenants, 2/22/2008 3

4 renters, guests or visitors are allowed to have dogs or other pets on the premises unless reviewed and approved by the Board of Trustees. All unit owners are responsible to control and clean up after their pets. Dogs should not be allowed to pass waste (feces and urine) on the common area. No pets are allowed inside the pool enclosure. There will be no pets (including, but not limited to dogs and cats) allowed to run loose on any of the common area. All dogs must be kept on a handheld leash when outside on the common area. Dogs cannot be tied outside on the grounds or decks at JPV. Violation of any of these rules will result in a $25.00 fine per incident/per day. Three violations resulting in fines pertaining to pets will result in the owner s right to have pets revoked, and the animal(s) will have to be removed. All unit owners keeping dogs on the premises, whether or not they are the owner thereof, for any period of time, shall provide the Trustees with evidence, satisfactory to the Trustees, that (i) the owner has in force an insurance policy which covers liability arising from any action of the dog and (ii) that the Association is named as an additional insured with respect to such coverage, and (iii) that the amount of the coverage equals or exceeds such amount as the Trustees shall, from time to time, require. The Trustees may establish procedures for periodic verification of continuing insurance coverage. Each day in which a unit owner fails to provide such coverage, or fails to provide evidence thereof to the Trustees, shall be a separate violation. The Trustees of John Parker Village Condominium Trust hereby establish this rule with the following clarifications: 1. The first two lines of the regulation are interpreted to mean that owners are responsible for dogs of renters of and visitors to their units. 2. With respect to item (iii) the current amount of the coverage required is $100, The required evidence is an insurance binder that includes evidence of the $100,000 liability coverage, and states that the John Parker Village Lakeside Condominiums is named as an additional insured. 4. Each separate violation will entail a $10 fine (that is, $10 per day). 5. Laundry: As long as coin-operated machines remain, the laundry facilities at JPV are available to owners and renters on a first-come, first-serve basis. Rules for use of the facility are posted in the laundry room. Use of laundry facilities is limited to the hours of 8:00 a.m. to 9:00 p.m. Also Dirty laundry will not be left on the tables or it will be removed and disposed of. In addition, please remove your laundry from the washing machines and dryers so other people may use them. If a person wants to use these machines and there are items in there, you may take them out and put them on top of the washer/dryer or table. 6. Window, Door, and Deck Replacements: All replacement, installation and construction of windows, decks, sliding doors, etc., and all modifications to the exterior of all units and grounds require written prior approval of the Board of Trustees. Replacements of back windows for units 14 through 17 are not to exceed 45 wide x 37 high unless otherwise approved by the Board of Trustees. A standardized sliding picture window was approved on 10/1/88 for those residing in units 14 though 27. Sliding doors are authorized for the rear exit of units 1 through 12 and will not exceed 6 feet in width. Deck specifications for units 1 through 12 were approved on May 17, Copies of these specs are available from the Trustees) maintenance and repair of decks are the responsibility of individual unit owners. 7. Appliances: Dishwashers, garbage disposal units and/or washing machines may not be installed in any units at JPV. Offending owners will be given 30 days to remove any one of the above. After 30 day, a fine of $25.00 per day will be imposed until the situation is rectified. Replacement stoves/ovens should be electric. Gas appliances will not be allowed, other than what is currently in use at JPV (as of October 17, 2005). 2/22/2008 4

5 8. Associated Heat Alarm and Inspections: It is the responsibility of each owner to maintain and replace heat detectors in each unit. It is the responsibility of each owner to provide access to each unit for the annual fire inspection. Failed detectors will be replaced at the owner s expense. All owners are required to have smoke detectors and possibly CO2 detectors (as required by Mass. State Law). 9. Winterization of Units: Thermostats in all units (including those that are unoccupied) should be set at a minimum of 50 degrees Fahrenheit from November 1 through April 1. If pipes should freeze due to the lack of sufficient heat, it is the owner s responsibility to repair any and all damages, inside and outside of their unit. Heat tapes will be used for units 1 through 12 and 14 through 27 to prevent pipes from freezing. 10. Condo Fees and Late charges: Reference Amendment Article 5, Section 5.4(B). Condo fee payments received on or after the 16 th of the month are considered late and the owner involved will be assessed a late payment penalty of $25.00 for each late payment. (Originally approved 12/16/91.) Fees charged for checks returned for insufficient funs ( bounded checks ) will be paid by the writer of the check. This is in addition to any late fees that may apply. Owners not in good standing will not be able to vote during elections, and they will not be allowed to hold a Proxy for any other owner. If Condominium Fees are 3 months in arrears, the situation will be turned over to an attorney, and the unit owner shall be personally liable for all sums assessed for their share of the common expenses including late charges, fines, penalties and interest assessed by the organization of unit owners, and all cost of collection including attorney s fees, costs and charges. There is now a statutory prohibition against a unit owner attempting to offset or deducting against common charges (i.e. withholding condo fees or placing them in an escrow account). This provision codifies the recent Supreme Judicial Court opinion which prohibited counterclaims, offsets, or deductions by unit owners alleging, among other thins, lack of maintenance by the Trustees or similar claims. 11. Pool, Beach, and Game Room: In season, the pool opens at 8:00 a.m. and closes at 9:00 p.m. Personal property, including toys, should not be left in the pool area overnight. If pool furniture is moved, it should be properly replaced, and left clean for other people s use. No glass containers are allowed in the pool enclosure. There will be no water balloons or small plastic bags inside the pool area what-so-ever. All toys and float devices left in the pool area will be discarded at the close of each day. No pets are allowed in the pool enclosure. No diapers are allowed in the pool. No Tenants, whether they are year round or seasonal, are allowed to bring guests to the pool, beach or game room area. These areas are strictly for the use and enjoyment of the Owners, their families and their guests, as well as Tenants and their immediate family. If you are smoking in the pool area you must provide your own ash tray. There will not be cigarette butts littered in the Pool area, or anywhere else on the common area. Life jackets must be worn by occupants of JPV boats on the pond. 12. Grounds Keeping: All major maintenance of the lawn and pool will be contracted out. Specific requests for grounds keeping projects must be made to the board of Trustees. Any grounds work done by owners will be done strictly on a voluntary basis and will be gratefully appreciated by everyone. Any changes to the property, such as planting flowers, shrubs, etc., need prior approval in writing by the Board of Trustees. There will be No digging soil without permission form the Trustees. There are buried wires which operate the outside lights. Hoses must be picked up after each use, and must be not be left on, unattended. Signs will not be put up on the remises without authorization from the Trustees. Anyone doing yard work will clean up the debris by the end of each day. Owners may be responsible for removing any items planted without prior approval. The Board of Trustees may also purchase flowers and plants in an effort to beautify certain parts of the 2/22/2008 5

6 common area as needed. The Board of Trustees may also designate any trimming, pruning or cutting away of and bushes, or trees within the common area. There will be no watering of common area lawns without approval of the Trustees. 13. Tenants: The unit owners must provide the Trustees in writing the names and mailing address of any tenants or occupants of their units, except for visitors for less than 30 days. If a unit is rented, the unit owner must designate a person or company to make repairs within the unit, and notify the tenant and the Trustees of the person s (or company s) name and telephone number. The tenant and the Trustees are also to be notified of any change in the person or company so designated. It is the owner s responsibility to inform tenants and guests of these Rules and Regulations. Owners are also to provide guests and tenants with practical information about JPV (e.g. location of the dumpster, laundry room, etc). 14. Mailing address: The unit owner must give notice to the Trustees of his or her name and mailing address and any changes in his or her name and mailing address. The Trustees may rely on this information in the provision of any notices required by statue or the condominium documents. It is recommended that a phone number be kept on file, in case of an emergency. Phone numbers that are given can be kept confidential if requested. 15. Damages: There are now statutory provisions permitting the Trustees to assess for damages caused by the failure to comply with the Condominium requirements by the owner, or the owner s family, tenants or invitees. Those damages, plus court costs, attorney fees, late chares, and interest are liens and they can be collected as regular condominium fees. The additional damages and charges are also the personal responsibility of the unit owner. No unit owner, their family, guests or invitees, shall be permitted to use any of the common recreational facilities, including the pool and beach, if the unit owner is more than thirty (30) days in arrears in the payment of common or special assessments unless arrangements for payment of the arrearage has been approved by the Trustees. This rule may be enforced by fines of $25 per day for each day or part thereof in which a violation occurs, and the Trustees may initiate civil actions for legal and equitable relief to enforce the provisions hereof. 16. Gas/Charcoal grills: To comply with local fire regulations, all gas/charcoal grills must be at least ten feet away from all structures, including decks, railings, etc., when in use. They must not be left in the middle of any lawn area, and they must not be placed in any parking areas. Butane tanks cannot be stored in any inhabited building. This means that no use of grills is allowed on porches or decks. In regard to BLD 3, the gas grills will be stored and used down below on the first level of lawn. There will be no cooking outdoors after nine o clock in the evening (9:00). 17. BLD 3: Chairs, small tables, and hanging plants are the only items allowed on the upper and lower decks of BLD 3, and even these may not be placed in such a way as to narrow the passageway on these surfaces to less than 36 inches. Nothing may be nailed or screwed to any surface in the common area without written permission from the Board of Trustees. 18. Owners may not contact the Association Attorney(s) without the written permission of the Chair of the Trustees except at their own expense. (Currently between $200 and $300 per hour.) That is, if you contact the association attorney for any reason without the written permission of the Chair of the Trustees, you will be billed personally, and directly by the attorney s office at his/or current rate. 2/22/2008 6

7 Rules and Regulations have been reviewed and approved by Robert Hester and Dennis Lemke and Michael Cullen. Association File copy has been signed by Robert Hester and Michael Cullen, constituting a two-thirds majority of the Trustees in office. 2/22/2008 7