Rules and Regulations of an Association of
Owners of a Condominium Association
Rules and Regulations of _____________________________ (Name of
Condominium Association)
I. Introduction
A. When the _____________________________ (Name of Condominium
Association) (the Association ) was established, a formal Declaration of
Condominium and Bylaws were written and recorded in the _________________
(Name of County) Recorder of Deeds' office as a permanent record providing
the guidelines under which the _____________________________ (Name of
Condominium Association) operates. Owners receive a copy of this
Declaration which contains the Bylaws when they purchase their Unit. All Owners
are bound to the provisions of the Declaration and Bylaws.
B. The Declaration provides that the Board may adopt Rules and Regulations
to augment the provisions of the Declaration to provide comfortable
surroundings, appreciating property value, and the orderly administration of the
Association.
C. All rules, regulations, restrictions, and covenants contained in the
Declaration and Bylaws are incorporated as part of these Rules and Regulations
and are subject to the enforcement policies set forth in this document. To the
extent that the provisions of applicable law, the Declaration, Bylaws, or the Rules
and Regulations are in conflict, the provisions of applicable law shall first control,
followed by the provisions of the Declarations, the Bylaws, and the Regulations,
in that order. In other words, a violation of the Declaration or Bylaws or the failure
to comply with an order of the Board shall be deemed to be a violation of these
Rules and Regulations and subject to the enforcement provisions contained in
them.
D. These Rules and Regulations are binding on all Unit Owners, residents,
their families, and guests. Exceptions to the Rules and Regulations may be only
in writing, signed by the Board or its duly authorized agents following a written
request by a Unit Owner. All references in the Rules and Regulations to Unit
Owners, residents and tenants are interchangeable and each shall be jointly and
severally liable and responsible for actions or violations.
II. Definitions
A. If a term is used in the Rules and Regulations which is not defined
anywhere here, its definition shall be determined by referring, in the order which
follows, to its definition as used either in the Declaration, the Bylaws or in the
common usage within the Association, or in its commonly understood meaning
as indicated both by the context in which it is found and by its dictionary
definition, wherever it first may be found. Other definitions which are specific to a
particular Rule are contained within that Rule.
1. Act: The _____________________ (state condominium statute) .
2. Assessment or Monthly Maintenance Assessment — Any
amount which the Board may assess or levy against a Unit Owner,
either individually or collectively, including regular monthly assessments,
special assessments and charges or expenses or assessments,
which are levied pursuant to the Declaration, Bylaws or the Rules and
Regulations.
3. Association —The _______________________ (Name of
Condominium Association) .
4. Board — The Board of Directors of the ___________________
_______________ (Name of Condominium Association) .
5. Bylaws — The Bylaws of the __________________________
(Name of Condominium Association) and as properly amended from
time to time subsequently.
6. Common Elements or Common Property — The common
elements defined in the Declaration.
7. Declaration — The Declaration of Covenants, Conditions and
Restrictions of __________________________________ (Name of
Condominium Association) which was recorded in the Office of the
Recorder of Deeds of ________________ (county) , on ______________
(date) , document number ________________ (number) and as properly
amended from time to time subsequently.
8. Limited Common Element — A portion of the common elements
reserved for the use of a certain Unit or Units to the exclusion of
other Units. The balconies, door stoops, porches, porch lights, windows,
window boxes, and window frames, entrance door, storm doors, patio
doors, garage doors, soil stacks, chimneys, and furnace flues and
any improvement or alteration to the Common Elements by a
Unit Owner or resident, appurtenant to one or more Units are limited
common elements of such Unit or Units, consisting of the exclusive right
of the Owner of such Unit or Units to use those Limited Common Elements.
The cost of maintenance, repairs, or replacements of the Limited
Common Elements may be assessed in whole or in part to the Unit to
which the limited common element is assigned. Further, the
Board may direct the Owners in their name and accounts, to arrange for
maintenance, repairs and replacements of the Limited Common
Elements and to pay the cost of them, and procure and deliver to the
Board such lien waivers and contractor's and subcontractor's
sworn statements as may be required to protect the property from
all mechanic's or materialmen's lien claims that may arise from
them. All such maintenance, repairs and replacements shall be in
conformity with rules adopted by the Board.
9. Manager or Management Firm or Managing Agent — The
person or entity, if any, which has been employed by the
Association to manage the day to day administration of the property
in the manner directed by the Board.
10. Owner or Unit Owner — The person or persons whose estates or
interests individually or collectively aggregate fee simple absolute
Ownership of a Unit.
11. Property — All the real property against which the Declaration has
been recorded, including any improvements on it.
12. Resident — Any person who resides on the property, including
families of Unit Owners and tenant or tenants of Unit Owner(s) and
including a Unit Owner if the context so indicates.
13. Rules or Rules and Regulations — The Rules and Regulations of
the Association, as adopted pursuant to the powers available to the Board
and the Association.
14. Unit — A part of a single condominium including one or more
rooms occupying one or more floors or parts of a floor, designed or
intended for independent use as a single-family dwelling and
delineated on the plat attached to the Deed of Condominium with
respect to the single condominium.
III. Policy Concerning Monthly Maintenance Assessments
A. The monthly payments required of all Unit Owners are essential for the
orderly and proper management of the buildings and common areas. The
payments must be made on time, made payable to the ___________________
________________ (Name of Condominium Association) and mailed to the
designated depository on or before the first day of each month.
B. The Board determines the monthly maintenance assessments due based
on the annual budget and the percentage of Ownership of each Unit. The budget
covers the standard calendar year and is approved by ______________ (date)
of the previous year. The budget includes current operating expenses as well as
reserves for repair and replacement of common elements.
C. Other items which might be included in an Owner's monthly assessment
fee would include any fines assessed, attorney's fees for collecting delinquent
assessments from that Owner, and the charges incurred by the Association in
repairing or replacing limited common elements.
D. Owners of record or beneficiaries of a land trust are ultimately responsible
for the payment of the assessment. The Board has established the following
rules and procedures to handle the collection of the monthly maintenance
assessments:
E. All assessments are due the first of each month. The Manager shall
provide a monthly statement to each Owner showing the current amount of the
assessment, any past due assessments, and any late fee charges and any
known fines or other charges incurred prior to the first of the month.
F. Assessments received after the ______ (day) of the month are deemed
late. An administrative fee (late charge) of $_________ will be automatically
assessed to the account of each Unit Owner whose assessment is not received
by the due date.
G. Any payment of less than the full amount of the assessment and other
charges due in any given month also shall be deemed late and subject to the
$_________ administrative (late) fee.
H. The administrative (late) fee of $________ will be cumulatively
assessed for each succeeding month that the monthly assessment and fees
remain unpaid.
I. Assessments paid with a check that is returned by the financial institution
of the person paying the assessment as uncollectable due to non-sufficient funds
or other reason shall incur an additional fine of $_________ to be added to
any financial institution charge and the Association's administrative (late) fee.
J. Any payments received must be applied to the oldest outstanding charges
first. All late fees, legal fees, and fines collected shall be credited to the operating
fund.
K. Owners who are delinquent in the payment of their monthly assessments
due to illness, job loss, or similar cause are encouraged to maintain frequent
contact with Management. The Association's attorney may arrange a payment
plan after the amount is reviewed with the Board. Payment plans are arranged on
an individual basis at the request of the delinquent Owner.
L. The Board may waive administrative (late) fees under appropriate
circumstances as determined by the Board.
M. The Manager will assess the $________ administrative (late) fees and
commence appropriate action to collect delinquent assessments the day after the
assessment is due. Delinquent assessments may be referred automatically for
collection to the Association's attorney or a collection agency, as appropriate, for
prompt action. Time of referral is at the discretion of the Board and may be for a
delinquency of as little as one month. This is especially likely in the case of
repeated delinquencies
N. In addition to any legal action undertaken by the Board to collect
delinquent assessments and other charges, the Owner's delinquency may be
reported to the two largest credit reporting agencies in the __________________
(Name of City) metropolitan area.
O. Unit Owners who are delinquent in assessments and/or other charges
shall be subject to legal action in accordance with the provisions of the
Declaration and By-laws. Once collection action has commenced, the Unit Owner
shall be liable for all costs involved in the collection process, including
Association attorney's fees. The Unit Owner shall remain in default of his or her
obligations until the assessments, the administrative fees and the costs of
collection and any other charges are paid in full.
P. Legal action to be undertaken on behalf of the Association may include,
but is not limited to, obtaining a judgment for the monies due, obtaining a
judgment for possession of the Unit, evicting the Owner from the Unit, placing a
lien against the Unit and/or instituting a foreclosure action.
Q. Any Owner who enters into a payment plan for past due assessments and
who violates any term of that payment plan shall be liable for immediate payment
of all outstanding obligations and other charges. Also, that Owner shall be
ineligible for participation in any future payment plan without the express
authorization of the Board.
R. Any legal or other charges incurred in the collection process will be borne
by the Unit Owner.
IV. Policy on Prosecution of Vandalism and Trespass
A. The Board recognizes that it has an obligation to protect the Association's
property and residents from vandalism and trespass. To further this goal, the
Board will provide rewards supplying information leading to the conviction of any
person involved in vandalism or trespass on the property.
B. The Board offers a reward of $_________ for anyone providing
information or evidence leading to the conviction in a court of law of any
individual who vandalizes any portion of the common elements. In the instance of
more than one individual providing the evidence or testimony, the reward shall be
shared unless the conviction payment to the Association of more than the costs
of repair of the vandalism and other associated costs.
C. The Board offers a reward of $__________ for anyone giving
information or evidence leading to the conviction in a court of law of any
individual who trespasses on Association property. In the instance of several
individuals providing testimony or evidence, the reward shall be shared.
D. The Board will reimburse individuals providing evidence or testimony
related to either of the above offenses for reasonable travel expenses.
V. Appearance and Use of the Property
A. Buildings
1. Nothing may be attached, added or altered to or on the common
elements, including building exteriors, without the written
permission of the Board or its duly authorized agent acting at the direction of
the Board.
2. Metal entrance doors must be of a style approved by the Board and
may not be replaced, painted or otherwise altered without prior written
permission from the Board or its duly authorized agent acting at the
direction of the Board. Any damage to the entrance doors is the
responsibility of the Unit Owner.
3. All storm doors must be white in color and cross-buck in design.
Residents must secure written permission from the Board or its duly
authorized agent acting at the direction of the Board before
installing a new or replacing an old storm door.
4. Storm doors must be maintained in good repair by the Unit Owner.
Once a storm door is installed, maintenance of the storm door
becomes the responsibility of the Unit Owner.
5. Unit Owners are responsible for maintaining both interior and storm
windows. All windows must be maintained in good repair with the
appropriate number of panes and colors specified for the particular
building and Unit. Broken panes of glass or ripped screens
must be repaired promptly. To prevent damage to buildings, storm
windows shall be closed whenever it rains or snows. No window air
conditioners or other equipment may be installed or placed so as to
extend beyond the window frame.
6. Replacement windows must be of the style and colors currently
specified for that particular building and Unit type. Owners must
secure prior written permission from the Board or its duly authorized
agent acting at the direction or the Board before replacing any window.
7. Garage doors and frames must be maintained in good condition,
and garage doors are to be kept fully closed except when in use for
entering and exiting the garage or for any other reasonable
purpose. Any damage to the garage door or frame will be repaired
by the Association and the Unit Owner will be charged for the repair.
8. Unit Owners are responsible for maintaining the balcony doors on
those types of Units. Prior to any alteration or replacement of a
balcony door, the Unit Owner must secure written permission from
the Board or its duly authorized agent acting at the direction of the
Board.
9. Permanent window treatments must be installed no later than
___________________ (number) months from the effective date of these
Rules or within ___________________ (number) months after a resident
moves in. Until permanent ___________________ (type) window
treatments are installed, only white or off-white sheets or paper may be
used as a temporary means of providing privacy.
10. The Association has installed permanent and uniform mailboxes for
each Unit. No other mailbox may be used. Unit Owners may request prior
permission to install a mail slot in the Unit's garage door from the
Board or its duly authorized agent acting at the direction of the Board.
11. All exterior maintenance requests will be handled by the Board or
its duly authorized agent.
12. The front porch light fixtures may not be replaced without prior
written permission of the Board or its duly authorized agent acting
at the direction of the Board. The lights must be of a style consistent with
the originally installed light fixture and the light bulb and glass or plastic
in the fixture shall be clear, white, or amber in color.
13. No outdoor decorations are permitted except for decorations which
can be placed on the Unit's door. No decorations which create a
safety or fire hazard are permitted.
14. Outside water hoses or other attachments must be removed from
the outside spigots no later than ___________________ (date) of each
year and shall remain off of the spigot until ___________________ (date)
of the following year. Expenses incurred for repair of the spigot shall be
borne by the responsible Unit Owner, unless it can be shown that the
damage to the spigot was not caused by an improper attachment.
15. No one is permitted on any building roof for any reason without
express written permission of the Board or its duly authorized
agent. As this is a safety hazard, a fine of $_________ per involved
person shall be levied against the Owner/and or resident of the
applicable Unit. Additionally any person supplying the Board or
Management with information which results in the levying and
collection of such fine(s) shall receive a $___________ reward to be
paid by the Board. The Unit Owner shall be responsible for costs
associated with any damage and inspection fee. Also the Unit Owner
shall be responsible for the roof warranty should the roofer deny
warranty protection due to such roof activity.
16. Working smoke detectors must be installed on each floor of the
Unit. Owners must comply with all governmental required safety
equipment or standards.
17. Any internal alterations to a Unit performed by an Owner or resident
must be completed in conformance with all applicable building codes.
Owners are responsible for obtaining any applicable building
permits.
18. Unit Owners and/or residents must maintain the interior of the Unit
and all appliances and equipment in such a manner that no health
or safety hazards occur. Plumbing shall be maintained so as not to
incur unwarranted water usage.
19. The Units or property cannot be used for any illegal activities.
Conviction in a court of law for any illegal act which was committed
on Association property shall result in a fine of $__________ to be
paid by the offender or the Owner of the property associated with the
offense. This does not apply to the victim of any illegal act which was
committed on the property, only the perpetrator. The Association may
institute proceedings against any person who, on the basis of this
conviction, is deemed a threat to any person or property.
20. Owners and/or residents must comply with all governmental orders
affecting water usage, utilities, and the like. Following notice of any
restrictions to all residents, an immediate fine of $_________
will be imposed on the violator or the Unit Owner associated with
the violation. Additionally, the violator will be responsible for any fine or
fee assessed by a governmental body for such violation.
21. Toxic chemicals may not be used in any area where it might affect
other residents or the common elements.
22. Disposable diapers and other items which may clog drains may not
be discharged into the sewer system via the toilets or any other
sewer entrance.
23. On or before ___________________ (date) of each even-
numbered year beginning with ___________________ (date) , every Unit
Owner having a fireplace in their Unit shall provide the Board or the
Managing Agent with a receipt verifying that the fireplace and chimney
(including gas starters) have been checked and cleaned as needed. If no
receipt has been received by that date, the Association shall arrange for
such a check and cleaning at the Owner's expense and/or assess a
$__________ fine. Unit Owners who fail to provide a receipt will be
subject to a fine of $__________ a week until such proof is received. This
is in addition to the initial $__________.
B. Common Property
1. Storage of any kind is prohibited on the common property, except
that stoops and balconies may be used for storage of seasonal
items such as barbecue grills, lawn chairs and other items usually associated
with stoops and balconies.
2. Picnic tables and similar items may be kept on the common
elements in front of an Owner's or resident's Unit. All such items
must be moved to the sidewalk, or asphalt or Owner's garage on
lawn mowing days. Such items shall be kept in good repair and
appearance. During the winter months such items must be moved to
the garage or to an area which will not interfere with snow removal
activities. Any damage caused to the common elements by these items
is the responsibility of the Unit Owner.
3. All toys, recreation equipment, bicycles, and similar items must be
removed from the common elements by sunset and stored either in
the garage or neatly on the front stoop or balcony. Care should be
taken to prevent accidents involving toys or other items on the
sidewalk or asphalt areas.
4. Toddler playground equipment or toddler sandboxes are restricted
to the front stoops or areas immediately adjacent to the Unit's front
door stoop. Any damage caused to the common areas by this equipment
or activity is the responsibility of the Unit Owner.
5. Stoops and balconies may not be decorated, enclosed, altered or
the appearance changed in any way without the prior written
permission of the Board or its duly authorized agent acting at the direction
of the Board.
6. Unit Owners and residents must keep stoops orderly and free from
clutter.
7. No awning, sunroof, canopy, or shutter of any type is permitted on
the buildings or common elements.
8. Unit Owners may not enclose any portion of the common elements
with a fence, tent, or any other boundary or structure without the
prior written permission of the Board or its duly authorized agent acting
at the direction of the Board.
9. Stoops and balconies must not be used as pet runs.
10. Clothing, sheets, blankets, laundry, and similar objects shall not be
hung out or exposed on stoops, balconies, or other common
property.
11. Any games or other activities which create a nuisance, damage any
common elements or individual Units, or disrupt the peace are prohibited
on or in any portion of the common elements.
12. Unit Owners are responsible for their family members, tenants,
guests, invitees, and pets and their activities. Any common property
(including sod) damaged by the neglect or abuse of a Unit Owner,
family member, tenant, guest, invitee, or pet shall be repaired at the
expense of the responsible Unit Owner.
13. Acts of vandalism to any portion of the common elements will result
in the institution of an immediate $_________ fine per involved person.
This fine shall be in addition to the payment by the Owner for all
expenses incurred in repairing the damage caused by the vandalism. A
second act of vandalism related to that Owner will result in the doubling
of the fine. Any subsequent violation will result in the institution of
eviction proceedings. Any person supplying the Board or
Management with information which results in the levying and
collection of such fine(s), shall receive a minimum of $_________
reward to be paid by the Board. Additionally, criminal charges
shall be filed against the alleged perpetrator(s) of the vandalism.
14. Littering on the common elements is not permitted
15. The cost of repairing any damage to the common elements will be
assessed to the Unit Owner responsible for such damage or
associated with those causing it. In determining responsibility it shall be
presumed that any damage immediately outside a Unit was caused by
the residents in it or others associated with that Unit unless it can
be shown that no one associated with that Unit was responsible for
the damage.
C. Flowers
l. Flowers are the only type of landscaping that residents may plant
without obtaining prior permission of the Board or its duly
authorized agent acting at the direction of the Board.
2. Private flower beds must be limited to original non-sodded areas
around the exterior of the Units. All other plantings shall be subject
to prior approval by the Board or its duly appointed agent acting at the
discretion of the Board. A drawing of suggested additional plants must
be submitted to the Board as a precondition to the Board's
consideration of the request.
3. Owners and residents may not enlarge the original non-sodded
areas by removing sod.
4. All flower beds or gardens must be planted in such a way so as not
to interfere with the maintenance equipment used on the property, such as
mowers and snow removal equipment. Therefore, edging and the like
must not be more than ___________ (number) inches higher than the
ground.
5. Unit Owners are responsible for the care and maintenance of any
flower beds or gardens they plant.
6. Vegetable gardens and fruit trees are not permitted.
7. Once an approved flower bed or garden has been planted, the
Association is no longer responsible for replacing sod in that area.
8. Any trees, shrubs, or plants to be installed on the property must be
approved by the Board or its duly authorized agents, unless
otherwise authorized in these Rules and Regulations.
9. Unit Owners are responsible for keeping lawn areas immediately
surrounding their Units clean and free from debris. Any damage
done to this area by pets, residents, guests, etc. shall be repaired
immediately by the Owner or resident, or such repair shall be made
by the Association and the Owner charged for the work.
D. Seasonal Decorations
1. Seasonal decorations are permitted, provided that they can be
placed on the Unit's door, front door, front stoop, or balcony. No
nails, screws, or other devices that puncture the siding or other building
material may be used to hang or secure the seasonal decorations. Any
damage caused by seasonal decorations shall be repaired by the
Unit Owner or the repair will be performed by the Association with
the Unit Owner charged for the repair.
2. Seasonal decorations may not be installed any earlier than
_________ (number) days before the holiday, and must be removed no
later than _______ (number) days after the date of the holiday.
3. Seasonal decorative lights are permitted on the front stoop and
adjacent trim, on the balcony and adjacent trim and the trees and
shrubs directly in front of or next to a Unit. No nails, screws, or other
devices that puncture the wood, aluminum, masonite or other building
materials may be used to hang or secure the decorative lights. The
Association will not be responsible for any damage done to decorative
lights or other decorative items due to seasonal maintenance
of the property.
4. Owners and residents who install decorative lights must exercise
extreme care not to cause a safety or fire hazard. Only properly
rated UL- approved equipment may be used. Unit Owners and/or
residents assume liability for any situations arising out of the use of
decorative lights or any other decorative item.
E. Signs
1. Advertising signs for business or commercial activities are
prohibited everywhere on the property. However, one "For Sale"
sign may be displayed in the window of a Unit. The sign shall be
limited to a maximum size of ________________ (maximum
size of sign) .
2. Signs may not be attached to any exterior portion of the Unit
including the garage.
3. Directional signs for an open house and/or similar events are
permitted with the following provisions.
a. The signs shall be posted only on the day of the event.
b. Unit Owners or residents are limited to _________
(number) directional signs; _________ (number) at the entrance
to the cul de sac and ________ (number) within the cul de sac.
c. The Owner or resident posting the sign(s) shall be
responsible for any damage caused to the property by its
installation.
4. Violation of the sign rule will be subject to an immediate
$___________ fine to be assessed against the Unit's Owner.
F. Waste Disposal
1. Household garbage must be placed in plastic bags and placed
outside the Unit's garage no earlier than dark the night before pick-
up. No trash cans or similar containers may be used.
2. Residents are encouraged to take care in placing garbage so that it
is not blown or scattered about. Residents are encouraged to pick up any
litter around the property.
3. Prior to placing large items out for disposal pick-up, residents must
contact management to arrange for such disposal.
4. Large items left outside for pick-up without prior arrangements will
not be picked up. Management will arrange for a special pick-up,
and the Unit Owner associated with this special pick-up shall be
responsible for the costs of the special service.
5. Any dumping of items on the common elements will result in an
immediate fine of $___________. Also, to encourage proper
reporting of dumping, the individual(s) reporting the dumping will receive
the collected fine.
VI. Permitted Vehicles, Driving, and Parking
A. General Rules
1. Only those vehicles defined in Section C below are permitted to be
parked on the premises by Owners tenants or guests.
2. Parking is permitted in only those paved areas specified in
Sections D and E below.
3. Unit Owners and residents are responsible for their own and their
guests' vehicles while they are on the premises. This includes any
commercial vehicles on the property for the purpose of
providing a service to any resident. Unit Owners and residents are personally
liable for any damage to the premises caused by their own or guests'
vehicles. Unit Owners have ultimate liability for any damage caused
to the common elements by their own, their guests' or their tenants'
vehicles.
4. No repairs or service to any vehicle will be permitted on the
premises. Emergency service such as tire and battery repairs is
permitted. Toxic fluids from vehicles, such as anti-freeze, may not be
discharged into the sewer or drainage systems.
5. Vehicles of Owners and residents only may be washed and
polished in appropriate paved areas. The area must be thoroughly
cleaned following the procedure. Vehicles of non-residents
may not be washed or polished on the premises.
6. The Association provides annual stickers for each vehicle of
residents. The stickers are numbered for easy identification by cul de sac .
Failure to secure a vehicle sticker for each vehicle shall be considered a
violation of the Association's rules, subject to warning notices and fines.
See Section F for more complete information on vehicle stickers. Forms
requested by the Board in relation to vehicles must be returned by the
date stipulated. Failure to do so will result in the levying of a $__________
administrative fee with the second request. Failure to respond to this
second request shall result in the levying of a $____________ fine.
7. Enforcement of all vehicle and parking rules is accomplished
through stickering, towing, and the general Association fine
structure, as appropriate. See Article 9 and specific vehicle and parking
sections for detailed information.
8. Vehicles may not be "warmed up" while in the confines of the
garage. Such vehicles must be removed from the garage area to
such a location as to prevent any exhaust fumes from entering any
garage or Unit.
9. Any vehicle that has an alarm must be properly maintained so as to
not cause "false alarms" or unwarranted repeat alarms that disturbs
residents.
B. Speed Limit -- _______ (number) m.p.h.
1. Vehicles may not exceed ______ (number) miles per hour within
the cul de sacs.
2. Drivers must use extreme caution and watch for children playing in
the cul de sacs .
C. Vehicles
1. Permitted vehicles. The following types of vehicles may be
permitted in appropriate paved parking areas.
a. Passenger automobiles having no more than four entry
doors and/or five-door station wagons. Also permitted are
vehicles classified as mini-vans or sport utility vehicles and
bearing current license plates. Such vehicles must display
current vehicle registration documentation (license
plates with current stickers). The vehicles shall display a
current Association sticker.
b. Lightweight recreational motor vehicles, excluding campers,
having no more than four wheels. Such vehicle shall have a curb
weight of less than _______ (number) pounds, an overall length of
less than ______ (number) feet and an overall width of less than
_______ (number) feet. Such vehicles shall display current vehicle
registration documentation (license plates with current stickers)
showing the vehicle to be of a "B" or "RV" class or other passenger
vehicle. The vehicle must display a current Association sticker.
c. Motorbikes and motorcycles that is currently registered and
licensed to be ridden on ________________ (state) roads and
highways. The vehicles must display a current Association sticker.
d. Vehicles as described above, but belonging to guests of
residents and without an Association sticker. These vehicles may
remain on the property while guests are visiting a resident. This is
to be a short-term arrangement (less than _______ (number)
week(s). Longer term parking arrangements require authorization
by the property manager and/or the Board depending on total
length of time involved.
e. Emergency vehicles, such as ambulance, police, and fire
vehicles or other health and safety vehicles, being used for
emergency purposes on the property.
f. Service vehicles on the property at the invitation of a
resident, Owner or management in the performance of a
specific service or task. The vehicle shall not be permitted to
remain overnight without the authorization of the
property manager.
2. Prohibited Vehicles. The following types of vehicles are not
permitted to park anywhere on the property, except inside a resident's
closed garage. These vehicles shall be towed from the property ______
(number) week(s) after a stickered warning notice or other notice is
issued. The Owner of a towed vehicle or the Owner or the Unit associated
with the towed vehicle is responsible for all towing, storage and associated
costs.
a. Any vehicle without current state license plates and sticker
and/or required Association or vehicle sticker.
b. All vehicles not included in the Permitted Vehicles section.
c. Campers, trailers, boats, ATVs, dirt bikes, snowmobiles or
similar equipment. The use of or driving of any such vehicle
on the property shall result in a fine of $__________ to be
levied against the Owner/resident of the Unit associated with
the prohibited vehicle. In addition, any damage to the
common elements resulting from use or driving of the above
vehicles shall be the liability of the Owner/resident of the Unit
associated with the prohibited vehicle.
d. Any commercially marked truck or van. Residents who own
this type of vehicle may request Board authorization to park
the vehicle on the property with appropriate covering of the
commercial markings.
3. Stored or abandoned vehicles. Stored or abandoned vehicles are
not permitted on the property, except inside a resident's closed garage.
These vehicles shall be towed off the property ______ (number) week(s)
after a stickered warning notice or other notice is issued. The Owner of the
towed vehicle or the Owner of the Unit associated with the towed vehicle
shall be responsible for all towing storage and associated costs. The
following vehicles will be deemed stored or abandoned:
a. Any vehicle that is in a state of disrepair rendering it
incapable of being driven in that condition, or threatens the
safety of the residents of any Unit is deemed abandoned. The
vehicle may be removed by the Association immediately and without
notice at the expense of the vehicle Owner or Unit Owner
associated with that vehicle. Except in emergency situations an
attempt will be made to notify the vehicle's Owner.
b. Any vehicle that has not been used or moved for at least
______ (number) consecutive days. Residents who will be away
for more than _____ (number) days should notify the manager of
the dates and that the vehicle will be parked on the property during
that time.
c. Any vehicle for which the acts of the Owner and/or the
condition of the vehicle are clearly indicative of
abandonment. The Association has contracted with the following
firm for the towing of vehicles: ________________________
(Name of towing service) .
D. Parking
1. Parking of permitted vehicles will be confined to the following areas.
a. Vehicles may be parked in the resident's garage.
b. Permitted vehicles may be parked on the garage apron
immediately in front of the resident's garage.
c. Permitted vehicles may be parked in designated parking
areas. Residents and their guests are restricted to parking in
the cul de sac parking area of the cul de sac in which they reside.
2. The following are prohibited parking areas and vehicles may not be
parked in these areas at any time.
a. Any vehicle parked at the entrance to any cul de sac shall be
towed, without notice, at anytime at the expense of the vehicle
Owner or the Unit Owner associated with that vehicle.
b. No vehicle may be parked within _______ (number) feet of
any fire hydrant.
c. No vehicle may be parked or driven on any unpaved surface
on the property.
d. No vehicle may be parked so as to interfere or block any
sidewalk or the entrance to or exit from any Unit.
e. No vehicle may be parked so as to interfere or obstruct
passage of other vehicles on the property, including entering
or exiting a garage or parking space.
f. No vehicle may be parked in a manner which is considered
to be interfering with entering or leaving a Unit for
emergency purposes including protection, health, fire, and snow
removal.
g. No vehicle may be parked in any area except that which is
specified as a parking area. The vehicle shall be deemed to
be parked in the emergency corridor and may be towed
immediately by the Association or appropriate public enforcement
agency without notice at the expense of the vehicle Owner or
Unit Owner associated with that vehicle.
h. No vehicle may be parked in front of any garage other than
the resident's own garage without the express permission of
the Owner or resident of that Unit and garage. The vehicle shall
be deemed to be parked so as to interfere with access to the
Unit for emergency purposes and may be removed by the
Association or appropriate public enforcement agency without
notice at the expense of the vehicle Owner or Unit Owner
associated with that vehicle.
i. Damage to the common elements paved or unpaved caused
by any vehicle must be repaired by the Association and the Owner
and/or resident of the Unit associated with that vehicle will
be responsible for all costs involved in the repairs. This is in
addition to any applicable warnings and fines.
E. Parking during Winter Months
1. No vehicle may be parked in the areas designated snow dump at
any time during the winter months' period, which is defined as the
period from ________________ (date) to ________________
(date) .
2. When snow is forecast, vehicles may not be parked in front of
garage doors so as to enable the snowplows to properly remove
snow from the garage aprons.
3. Any vehicle parked in violation of subparagraph 1 or 2 above will be
deemed to be interfering with the ingress to or egress from a Unit for
emergency purposes and may be removed by the Association,
plowing contractor, or appropriate public enforcement agency without
notice at the expense of the vehicle Owner or Owner associated with that
vehicle.
4. Other remedies may be used to provide proper plowing when
vehicles are parked in violation of subparagraph 1 or 2 above. The
plower may return to properly plow the involved area with such
costs being borne by the Unit Owner in violation. Also, snow may be
piled around a vehicle parked in violation of these rules.
5. The Association assumes no liability for damage to vehicles parked
in violation of subparagraph 1 or 2.
6. Owners of vehicles that are properly parked are encouraged to
move their vehicles when that area is being plowed. This
assistance will provide for the best possible snow removal for all
residents.
F. Enforcement of Vehicle and Parking Rules
1. The Association vehicle identification sticker.
a. In _____________ (month) of each year, the Association
will request vehicle registration information, including license plate
number, from each resident for each vehicle owned and/or
operated by the residents of that Unit.
b. On receipt of this information, the Association will furnish a
vehicle identification sticker for the resident. Requests by the
residents for an additional identification sticker must be
made to the Board stating the reason for the request. As a part of the
request for additional stickers, the Owner/resident must
provide copies of all vehicle registration cards for which stickers are
requested showing that each vehicle is registered to that address.
Generally, Board approval is based on the availability of parking
spaces. On Board approval, the additional sticker will be issued.
c. Forms requested by the Board in relation to vehicles must be
returned by the date stipulated. Failure to do so will result in the
levying of a $___________ administrative fee with the
second request. Failure to respond to the second request will
result in the levying of a $___________ fine.
d. Residents must display the Association identification sticker
on the driver's side rear window or, if appropriate, the rear
side window on the driver's side of the vehicle.
e. Failure to display the sticker may result in the vehicle being
stickered with a warning notice and/or towed with all
expenses being borne by the Owner or Unit Owner associated
with that vehicle.
2. Violation Notice/Warning Sticker
a. In the event of a violation of these Vehicle, Driving, and
Parking Rules, the Board or its duly authorized agents may
affix a Violation Notice/Warning sticker to the side window on the
driver's side of the window.
b. The notice will contain such information as the Board deems
appropriate for the violation.
c. Any failure to protest a Violation Notice/Warning sticker
within ______ (number) days will be deemed an admission of the
violation and may result in the costs and expenses being assessed
to the Unit Owner. Protests will be directed to the Manager and will
be treated as a request for a hearing before the Board.
d. In addition to any penalty noted above in this Article, any
violation will be deemed a violation of the Rules and
Regulations and appropriate penalties shall be assessed pursuant
to the fine schedule contained in Article 9, Section C .
VII. Pets
A. No animals, other than dogs, cats, or other animals reasonably considered
to be household pets, may be raised, bred, or kept anywhere on the property, nor
may any animals be kept, bred, or maintained for any commercial purpose.
B. Pets must be licensed by ________________ (county) and vaccinations
kept up to date. Documents to prove this must be made available to the Board or
management upon request. Pet Owners must comply with all state and local laws
or ordinances pertaining to pets and/or their ownership.
C. Pets must be maintained in a clean, safe, and quiet manner.
D. All pets must be leashed while being walked outdoors and pet walkers
must use the perimeter path for walking pets. Pet walkers must clean up after
pets wherever the pet defecates. Pet walkers shall carry a means to pick-up pet
litter whenever walking the pet on the property.
E. No pet will be allowed to create a threat, nuisance, or unreasonable
disturbance to any person or to cause damage to any common property or the
property of any other resident. Pets must be controlled at all times when out of
the Unit.
F. Pets may not be tied to any common element or stationary object on it.
Pets may not be left unattended out of the Unit at any time.
G. All Unit Owners and/or residents are responsible for the actions of pets of
anyone residing in or visiting the Unit. A pet violation by a guest shall be the
responsibility of the Unit Owner/resident in whose Unit that person was a guest.
H. The cost of repairing any damage to the common elements caused by a
pet shall be assessed to the Unit Owner responsible. In determining
responsibility, it will be presumed that any pet damage immediately outside the
Unit of a pet Owner was caused by the pet in it unless evidence is presented to
the contrary by the Unit Owner/resident.
I. The conduct of all pets must be such as to not interfere with the rights and
privileges of the neighbors of the pet Owner.
VIII. Swimming Pools Rules and Regulations
A. These Rules and Regulations are for the protection and benefit of all
residents. Adherence to these Rules and Regulations will assure the safe and
sanitary operation of the pool facilities.
B. Swimming pool hours are _____________ (time) to ___________ (time) ,
daily, weather and pool conditions permitting.
C. Entrance to the pool areas is by key only. Each Unit has been issued
__________ (number) key(s). Replacement keys may be obtained from
management for a $______________ fee.
D. All persons using the pools or pool areas do so at their own risk and sole
responsibility. The Association and/or management does not assume
responsibility for any accident or injury in connection with such use. Residents
agree to make no claim against the Association and/or management for or on
account of any loss or damage to life or property sustained, and further to
indemnify and hold harmless the Association and/or management from any claim
arising out of injury sustained by any guest using the pools.
E. Persons violating any of the following rules will be subject to a
$___________ fine per person to be levied against the Owner(s) and
or/resident(s) of the Unit(s) where the violator(s) reside(s) or is a guest. A second
violation may result in the doubling of the fine to $___________ per person.
Any subsequent violation will result in the institution of eviction proceedings.
Additionally, violators will be barred from pool areas for the remainder of the
season. Any person providing the Board or management with information which
results in the levying and collection of such fine(s) will receive a minimum of
$___________reward to be paid by the Board.
1. No person may enter the pool area alone or swim alone.
2. No person under the age of ________ (number) years of age may
enter the pool area (not just the pool) without an adult [age ________
(number) or older] in attendance and responsible for their behavior and
safety.
3. No fighting, disorderly conduct or vandalism, or similar conduct is
permitted within the pool area.
4. No alcoholic beverages are permitted within the pool area at any
time.
5. Wheeled baby carriages, strollers, or similar equipment are not
permitted within the pool area.
6. No person is permitted in the pool area when it is not open for
general use for any reason.
F. The following rules are subject to the enforcement provisions contained in
Article 9 of the Association's Rules, except that no warning notice will be issued
and the first offense will result in a fine of $_________. Additionally, violators
may be barred form the pool area for a period of up to the remainder of the
season.
1. All guests must be accompanied by an adult resident [age
________ (number) or older]. There is a limit of ______ (number)
guest(s) per Unit. Relatives are guests unless they are actually living with
the resident, for an extended period of time.
2. Persons suffering from contagious diseases or any condition which
has the appearance of being infectious may not use the pools.
3. Only persons wearing proper swimming attire are permitted in the
pool area. Only swim suits or trunks are considered proper
swimming attire; no cut-offs. Tee shirts are allowed for sunburned
bodies.
4. Street shoes are not permitted anywhere in the pool.
5. Toddlers with disposable diapers are not allowed in the water; cloth
diapers and protective plastic pants must be worn.
6. All persons (male and female) with long hair—chin length or
longer -- must wear bathing caps while in the pool. No braiding,
ponytails, or headbands are allowed.
7. All swimmers must take a shower with soap and water in the
shower room before entering the pool. Suntan oil must be
showered off before entering the water.
8. Roughness and rowdyism are not permitted.
9. Balls, toys and games, and diving are permitted only when
conditions allow, and their use does not interfere with the swimming
rights of others.
10. Standing, jumping, or sitting on the rope barrier, or removal of the
rope barrier, is not permitted.
11. No abusive or profane language or breach of the peace will be
tolerated. Loud music is not permitted. Radios, tape decks, and all
similar "stereo equipment" must be used with headphones.
12. Personal conduct in the pools and shower rooms must be such that
the safety of anyone is not jeopardized.
13. No food, gum, or beverages are permitted in the pool areas.
Breakable materials, such as bottles or glasses, also are not
permitted in the pool enclosure areas.
14. Smoking is permitted in designated areas only.
15. Residents are encouraged to bring their own deck chairs. Chairs
and/or baby carriers cannot block access to the pool, or obstruct
walkways.
16. Absolutely no animals are allowed in the shower rooms or pool
areas at any time.
G. The cost of any property damage will be charged to the Owner and/or
resident associated with the property damage.
H. The pools may be closed at any time due to any mechanical or operational
difficulties.
I. These rules may be revised or additional rules established at any time
with proper notification to Owners and residents using the pools.
J. Because of their size and usage by many unrelated people, the pools are
considered semi-private. This status requires the pools and the swimmers
conform with state and county regulations, as well as water testing. The state
and county have final authority on opening and closing the pools.
K. It is not the intention of the Association to deprive any resident of the use
of the pools, but the pools must be operated in accordance with all laws,
ordinances, and the Rules and Regulations. Violations will be treated seriously.
IX. Enforcement Policy for the Rules and Regulations
A. The Filing of a Complaint
1. A complaint which alleges a violation of the Declaration, the
Bylaws, or Rules and Regulations may be initiated by any resident
or by the Manager based on the Manager's personal observation.
2. Any complaint which alleges a violation of the Declaration, Bylaws,
or Rules and Regulations shall be made in writing to the managing
agent of the Association. The complaint shall include the following:
a. The name, address, and phone number of the complaining
witness.
b. The Unit Owner's name and Unit number or the address of
the Unit where the person or resident against whom the
complaint is being filed.
c. The specific details or description of the violation, including
the date, time, and location where the violation occurred.
d. If possible, photographs showing the violation.
e. The signature and address of the complaining witness and
the date on which the complaint is made.
f. Complaints should be made as soon after the violation
occurred as possible.
g. To the extent possible, complaints will be kept confidential.
In the event of a hearing, the complainant may be required
to provide testimony or evidence related to the violation.
h. No oral complaints will be accepted.
3. The willful filing of a false complaint or complaints under these rules
or the repeated filing of frivolous complaints shall be deemed a violation of
these Rules and Regulations and subject to the enforcement provisions
contained in them. The use of these Rules and Regulations in a
manner deemed to be a harassment of other residents shall also be
deemed a violation of these Rules and Regulations and subject to the
enforcement provisions contained in these Rules and Regulations.
4. Harassment of, or retaliation against any alleged complainant by
the alleged violator or other associated with the alleged violator
shall be deemed a violation of these Rules and Regulations and
subject to the enforcement provisions contained in these Rules and
Regulations.
B. Violations and Notices of Violations
1. The Owner of record or beneficiary of a land trust ultimately is liable
for any actions by the Board in relation to violations of the Declaration,
Bylaws, or Rules and Regulations committed by a resident, guest,
tenant, service person, or other person or animal associated with
the Unit.
2. On receipt of a complaint or observation of a violation by the
manager, the Association's manager will notify the Unit
Owner/resident of the violation by letter. If the Owner is a non-resident,
the Owner and resident will each be notified of the violation.
3. The notice of violation will provide specific details of the violation
including the date, time, and location where the alleged violation
occurred. Other pertinent information may be included by the manager as
deemed appropriate.
4. The notice of violation will include information on the fine that may
be levied and the date by which the levied fine must be paid if no
hearing is requested.
5. The notice of violation will include information on how the alleged
violator may request a hearing before the Board concerning the
violation and/or fine. The notice will also contain the last date a
request for a hearing may be received by the manager. The date
will be no less than _______ (number) days from the date of the notice of
violation.
C. Fine Schedule
1. Except as otherwise provided in these rules, the following schedule
of fines will apply to violations of the Rules and Regulations, the
Declaration, the Bylaws, or a direct order of the Board.
First Violation Written Warning Notice
Second Violation $________________
Third Violation $________________
Fourth Violation $________________
Fifth Violation Initiation of Eviction Proceedings
2. In addition to, or in place of the above schedule, certain safety
violations provide for the institution of an immediate fine.
3. Blatant disregard of the Rules and Regulations, the Declaration or
the Bylaws, or direct order of the Board or what is deemed to be
common sense and/or courtesy will result in an immediate fine of
$_____________.
4. Violations will accumulate on a calendar year basis. Once a
violation of any rule has occurred, any subsequent violation of any
rule will initiate a fine, not just a second violation of the same rule.
5. In addition to any fine assessed, the Unit Owner/resident will be
responsible for the costs associated with the violation, including but
not limited to repair of damaged property and any attorney's fees or
other fee incurred by the Board which may be associated with the
violation.
6. Fines and assessments for damage must be assessed to the
monthly maintenance assessment statement and must be paid along with
that monthly assessment no later than the _________ (day) of that month.
Failure to pay the fine and/or monthly assessment by the ________ (day)
of the month will result in administrative (late) fee charges.
D. Procedures to Request a Hearing
1. Owners/residents may request a hearing before the Board at the
next appropriate Board meeting.
2. As a part of the notice of violation, a date is specified by which a
hearing must be requested. The Owner/resident must prepare a
request for a hearing and mail the request to the manager in
sufficient time to arrive no later than the last date stipulated in the
notice of violation.
3. On receipt of the request for a hearing, the manager will notify the
President of the Association of the violation and request for a
hearing and provide copies of all pertinent correspondence relating to this
matter.
4. The President of the Association will schedule a hearing before the
Board at the next regular Board meeting if time permits the proper
notification to the alleged violator and complainant. If there is
not sufficient time for such notification, the hearing will be scheduled for the
following regular Board meeting.
5. Once the President has determined when the hearing will be
conducted, the manager will notify the alleged violator and the
complainant of the date and time of the meeting during
which the hearing will be conducted. The hearing will be conducted in
"Executive Session" at a regular or special meeting of the Board.
6. At the hearing, the Board will hear and consider arguments,
evidence, or statements regarding the alleged violation. The
complainant may be required to provide evidence and testimony related
to the violation. Following a hearing and due consideration, the
Board will issue its determination regarding the alleged violation. The
decision of the Board will be final and binding on the alleged violator and
complainant.
7. Any fine that may be levied for which a hearing has been requested
will not become due until the Board has held a hearing and determined
whether a violation has occurred and whether a fine shall be levied.
However, other legal or equitable remedies may be pursued by the
Board during this time. Generally, the Board will make its determination
immediately following the hearing and advise the alleged
violator of its decision at that time. However, if additional information or an
opinion from the Association's attorney is needed, the determination will
be made at a later date and the alleged violator and complainant
will be notified of the determination at a later date in writing.
8. If no request for a hearing is filed within the prescribed period of
time, a hearing will be considered waived and the allegations
contained in the notice of violation will be deemed admitted and any
prescribed remedy will be instituted.
9. Failure of an alleged violator to attend a requested hearing without
advance request to change the hearing date will be deemed a
waiver of the hearing and the allegations contained in the notice of
violation will be deemed admitted and any prescribed remedy will be
instituted.
E. If any clause, phrase, provisions, or portion of these rules or the
application of them to any person or circumstances shall be invalid or
unenforceable under applicable law, such event shall not affect, impair or render
invalid or unenforceable the remainder of these rules nor any other clause,
phrase, provision or portion of these rules, nor shall it affect the application of any
clause, phrase, provision, or portion of these rules to other permitted persons or
circumstances.
X. General Information
A. The Association is located at _________________________________
(street address, city, state, zip code) .
B. As a part of a township government, ________________ (town) provides
snow removal and road repair for ________________ (name of street) ; the
Association is responsible for any work on the cul de sacs. The ______________
(town) offices are located at __________________________________ (street
address, city, state, zip code) . The telephone number is ________________
(telephone number of town) .
C. The ________________ (Name of Condominium) is located on
__________ (number) acres and contains __________ (number) cul de sacs .
Each condominium is governed by a three-member Board of managers. The
Master Association is composed of _________ (number) members and is
responsible for the entire development. Elections are conducted on
________________ (date) of each year. There are ___________ (number)
buildings containing __________ (number) Units in the development. There is
one play lot and __________ (number) swimming pools located on the property.
D. No parking is permitted on _____________________________________
_______ (street address, city, state, zip code) . However, permission for guest
parking on _______________________________________________________
(street address, city, state, zip code) , may be obtained by contacting
___________________ (Name of appropriate employee of town or city) .
XI. Major Areas of Service Performed by the Association
A. Landscape Maintenance
The Association provides landscape maintenance for all common
elements of the property. This maintenance includes weekly lawn mowings,
shrub and tree trimming, lawn edging, and spring and fall cleanups. The
Association does not water but encourages residents to water the trees and
shrubs and new sod when there is no rainfall.
B. Snow Removal
The Association is responsible for the snow removal from the cul de sacs,
sidewalks and stoops. The normal procedure is to open a drivable path through
each of the cul de sacs for early morning travel by residents. After the initial
plowing, once most residents have left, the plows return to remove snow from the
remainder of the paved areas. Sidewalks and stoops are cleared as quickly as
possible. Snow removal is normally accomplished after a fall of ________
(number) inches or more. In this connection, it should be noted that vehicles
may not be parked in front of garages until the snow has been removed as
provided by the winter parking rule. This rule also provides that no vehicle may
be parked in the snow dump areas from ________________ (date) through
________________ (date) . Residents are encouraged to assist in the snow
removal by moving their vehicles from parking areas when the plows come
through on the clean-up phase.
C. Trash Removal
The Association contracts for trash removal by a private trash-collector.
Securely closed garbage bags (no containers are to be used) should be placed
outside the Unit's garage no earlier than dark the night before pick-up. No large
items or an unusually large amount of trash may be placed outside the garage for
pick-up without prior authorization.
