1. TRASH AND GARBAGE 2. UTILITIES 3. SIGNS 4. MAINTENANCE AND CARE 5. MINING
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- Drusilla Willis
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1 1. TRASH AND GARBAGE Each owner shall provide suitable receptacles for the containment and collection of trash and garbage. Except on collection days, these receptacles must be kept within the owner s garage, not in other areas such as the entryway. No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any portion of the premises, and no burning of the same shall be permitted. No incinerator or other device for burning of trash or garbage shall be installed or used, nor can fireplaces be used for burning trash or garbage. 2. UTILITIES All utilities shall be buried. No overhead lines, wires, cables shall be allowed for power, telephone, cable television or other utility. Communication dishes and other devices will be allowed. The appropriate placement is to be governed and approved by the Architectural Committee. Under no circumstances will any equipment or device penetrate the roof or chimney surface. Failure to comply will result in removal of such equipment at owner s expense and necessary repairs charged to the unit owner. 3. SIGNS All signs, with the exception of a Realtor s For Sale sign and/or a Garage Sale sign on individual lots or common property, are prohibited. 4. MAINTENANCE AND CARE All units shall be kept in good condition and not allowed to deteriorate or detract from the appearance and value of the other Woodbrook homes and improvements. 5. MINING No mining, quarrying, excavation, drilling or other similar development may be allowed in Woodbrook, except for such excavation as may be necessary in connection with the construction or placing and improvements approved by the Architecture Committee and Board of Directors.
2 6. TEMPORARY RESIDENTIAL STRUCTURES AND STORAGE No temporary structures, trailers, campers, tents, shacks, or similar structures shall be used for temporary or interim habitation. Trailers, boats, motor homes, campers, snowmobiles, motorcycles, ATV s or other vehicles and articles may be kept or stored within the owner s garages. Firewood must be stored in garages. Construction and maintenance structures, vehicles, etc. may be temporarily allowed, with prior approval of the Architecture Committee or the Board of Directors. Please Note: Driveways, Woodbrook streets and parking areas can not be used for storage. 7. REMODELING - LANDSCAPING All common areas of Woodbrook are, by mutual agreement, cared for by the management in order to maintain a uniform appearance. Personal items of any kind are not allowed in the common areas. (Please refer to Section 5 of the Protective Covenants.) No building, construction, fence, wall or other improvement shall be commenced without approval by a majority of the Architecture Committee. Building and site plans and specifications including, but not limited to, colors, building materials and models must be included in a written request before any improvement shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added or maintained on the premises. The Architecture Committee will reply in writing upon approval. All planting including, but not limited to, landscaping, vegetable garden, shrubs, flower bed or hedge must be approved by the Architecture Committee. 8. NUISANCE a). No noxious, excessively noisy or offensive activity shall be carried on within the subdivision nor shall anything be done or permitted that constitutes a public nuisance at any time. Repeat offenders may be subject to civil action. Such activities may include, but are not limited to, the following: b). Snowmobiles, motorcycles or motorbikes may be kept on premises, if stored in the owner s garage or temporarily parked in the owner s driveway. Because of safety and noise considerations, and in order to ensure that others in the area are not disturbed, such vehicles may traverse Woodbrook roads and drives for ingress and egress only.
3 c). Wild ducks frequent Woodbrook at all times of the year. When fed by Woodbrook residents, the duck population tends to balloon along with the mess they leave on resident s patios and on Woodbrook common areas. Residents are not allowed to feed the wildlife (see Montana State Fish and Game , Montana Codes annotated). d). Noise and sound systems audible in neighboring units or in outdoor areas of the premises are not allowed. e). Clotheslines and hanging laundry are prohibited on upper and lower decks and in the common areas. f). No pets shall be kept for commercial or breeding purposes. Any pets harbored on the premises shall be regulated according to Chapter 516 of the Bozeman Municipal Code which requires that all pets be kept under the leash control of a competent person when out of doors. Any person aggrieved by a nuisance animal may file a complaint in police court. Owners on the premises agree to abide by City Ordinances and the rules the Board of Directors may impose. The Board shall be the final judge as to whether an animal is a nuisance. When it is so designated, its owner shall remove it from the premises. One dog and/or cat may be kept in any Woodbrook unit. Owners, their families, guests, and/or lessees walking pets on the premises shall immediately clean up all droppings from their pets; they shall also prevent dogs from urinating on the shrubbery. Pets shall not be tied up and left attended. Whenever the Board of Directors receive one written complaint about an individual pet from one or more members of the Association, they may designate that animal a nuisance and order it removed promptly from the premises. Owners shall be responsible for any damage to lawn areas and/or shrubs caused by their pets, and shall diligently repair such damage at their own expense. 9. WATERING Watering of Woodbrook properties will be the responsibility of the grounds maintenance manager. Common areas shall be watered using the irrigation system in place. Owners may water lawns, trees and landscaping on their deeded property using water recorded on their own city meter. 10. PARKING Parking of unattended vehicles on Woodbrook streets is prohibited except where posted as parking space. Long term and/or repetitive use of guest parking spaces is prohibited. This applies to all occupants, owners, guests, and renters. Failure to comply with this rule will result in a fine, and when a second offense is noted the fine doubles and the vehicle will be towed at owner s expense.
4 Visitors shall park their vehicles in their hosts driveways, garages, or in designated parking spaces. Residents are personally responsible for allowing their visitors to park legally. Vehicle overhang from driveways into the street is prohibited. A minimum 20-foot fire lane must be maintained. The Association shall have the authority to have improperly parked vehicles towed away at owner s expense in order to enforce the provisions of the Uniform Fire Code. Garages or driveways shall not be rented. Driveways shall be used only for parking (as distinguished from storage) of transportation vehicles with the exception that trailers, motor homes and vans used for living purposes may be parked for a period not to exceed seven (7) days per vehicle per year. Snow removal crews will not clear any driveway where a car, truck or other vehicle is parked. Cooperation of all Woodbrook residents is urged in order to keep parking problems at a minimum. 11. GROUNDS RESTORATION POLICY The following policy facilitates cleanup and/or restoration of any abandoned and/or neglected lawn areas that have been altered beyond Association plantings. The grounds maintenance contractor will report to the Architecture Committee, any neglected and/or abandoned areas which have been landscaped or altered above and beyond Association plantings. The Architecture Committee will notify the owner(s) that the neglected or abandoned area needs cleanup to preserve and maintain Woodbrook s high standard of appearance. This notification will be sent to the unit owner via U.S. Certified Mail Return Receipt Requested. Once notified, the unit owner will have 21 days to accept full responsibility and to clean up and maintain the area in question. If the problem has not been addressed satisfactorily within the 21-day period, the Architecture Committee will then request that the grounds maintenance contractor restore the area to a more maintenance-free condition, similar to that of nearby areas. Upon submission of an itemized statement to the Treasurer, the grounds maintenance contractor will be compensated at the rate of $20.00/hour plus material costs.
5 The Woodbrook Treasurer will then submit a bill to the unit owner for the cost of restoration. The amount will be due and payable to the WTOA within 45 days of receipt. In the event the unit owner fails to reimburse the Woodbrook Association within the 45-day time period, the Board will attach a lien to the property in question. 12. MONTHLY ASSESSMENTS Operating assessments levied by the Board of Directors of the Association shall, unless paid annually, be due the first of each month and become delinquent by the tenth of the month. It is the responsibility of the owners to deliver payment to the Treasurer. If such assessments are not paid by the tenth of the month, a charge of $5.00 shall be levied for each month during which the delinquency extends. (See Item 5 under Owners Association in the Woodbrook Protective Covenants section). 13. TELEVISION AND RADIO EQUIPMENT External television, radio antennas, and radio broadcasting antenna are prohibited. Satellite dishes will be allowed, with the appropriate placement of these dishes to be governed and approved by the Architecture Committee. (See #2 Utilities). 14. LEASING The leasing of Woodbrook Townhouse units is subject to the Montana Human Rights Act. Complete units may be leased according to the following conditions. a). No owner shall lease a unit for hotel or transient purposes. b). Leasing is defined as allowing a person(s) to occupy all or any part of a unit for a monetary consideration or its equivalent. c). Leases of less than six months are not to be entered into without Board approval. d). Leases shall be permitted only for single-family, as defined by Bozeman City Code, for residential purposes. e). Lessor must, at lessor expense, provide lessees with copies of the Covenants, Bylaws and Rules and Regulations. Leases must specify that lessees/occupants must comply with all provisions of these three documents. Leases must include the names of every person who will occupy the leased unit, and a signed statement from each occupant certifying that they have read and agree to abide by such rules, policies, regulations, covenants and declarations. f). Leases of Woodbrook units must be in writing and provided to the manager for inspection and approval by the Board of Directors prior to occupancy. All leases shall
6 provide that the lessee(s) shall be subject to the provisions of the Covenants, Bylaws and the Rules and Regulations of the Association. g). Occupancy shall be limited to those persons named on the lease, except in the case of bona fide short-term (less than two weeks) guests. Sub-leasing is not permitted. h). The Woodbrook Townhouse Owner s Association is not responsible for leases negotiated by any of its members, nor is it responsible for its members advertisements seeking lessees. It is the responsibility of individual owner/lessors to comply with local, state and federal laws relative to the leasing process. i). Housesitters and/or caretakers are defined as persons or single families temporarily residing in and responsible for complete units during temporary absences of the owners or lessees. They are subject to the provisions of the Bylaws and Covenants, including the Rules and Regulations of the Association. j). n the event a lessee fails to comply with the Bylaws and Covenants (including Rules and Regulations), or becomes a public nuisance, the Association, after notification to the owner, shall initiate action against the owner, offending lessee or occupant. Such proceedings shall be taken in accordance with WTOA rules, policies, regulations, covenants and declarations. The prevailing party in such proceedings shall be entitled to an award of reasonable attorney s fee and related costs. 15. INSURANCE Woodbrook Association shall purchase annual insurance coverage for the exterior of all buildings. The Board of Directors has the authority to develop policies and procedures governing the method of payment by owners, evaluation of damage, submission of claims and other activities essential for maintaining the value of Woodbrook property. The owner of any unit may purchase fire and casualty insurance on the contents of his/her unit. This type of insurance is the responsibility of the unit owner, and will be at the owner s sole expense. Holding such insurance shall not relieve the owner of his/her obligation to pay such portion of assessments made for premiums of other fire and casualty insurance carried by the Board. 16. MANAGER S RESPONSIBILITES The duties of the manager shall include: A. Solicitation of bids/negotiations of contracts for: Building staining/painting Street resealing and maintenance Snow removal
7 Grounds maintenance (mowing, trimming, fertilizing, herbicide applications, watering, etc.) Tree maintenance Building repairs and routine maintenance Major repairs and/or replacement of siding and roofs and skylights. B. Supervision of contractor s performance to ensure quality work as outlined in the contract C. Approval of all expenditures which fall within the manager s scope of work and the confines of the current year s budget D. Response to owner s requests, questions and suggestions E. Conduct of the day-to-day business of the Association F. Sprinkler repairs, modifications and start-up/shut down of system G. Investigation into causes of exterior building damage, determination of appropriate insurance filings and supervision of repairs. 17. MISCELLANEOUS Each owner shall be accountable to the remaining owners for the conduct and behavior of children or guests residing in or visiting the townhouse. Residents must not give instructions to the maintenance crews working at Woodbrook. All residents with suggestions or complaints should give them to the Association Manager, or a member of the Board or Architecture Committee. 18. CONSEQUENCES In the case of repeated violations of the Rules and Regulations the Board of Directors will initiate enforcement action against a unit owner and/or lessee. These actions will include a warning and then a series of fines. The first violation will result in a Warning Letter issued to the unit owner and/or lessee. There will be a $25.00 fine for the second violation. After that the fine will double with each violation. If not paid, these fines will be added to the unit owner s monthly assessment.
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