The Knolls at Ramapough Condominium II. Handbook of rules & regulations

Transcription

1 The Knolls at Ramapough Condominium II Handbook of rules & regulations

2 TABLE OF CONTENTS Page PURPOSE OF HANDBOOK.. 2 UNITS 3 COMMON ELEMENTS.. 3 BOARD OF MANAGERS. 3 COMMITTEES 3 MEETINGS.. 4 ANNUAL BUDGET 4 AUDIT. 4 ALTERATIONS.. 4 PARKING 4 REFUSE.. 5 SALE OR LEASE OF UNIT.. 5 PAYMENT OF COMMON CHARGES AND ASSESSMENTS 5 PETS 6 MAINTENANCE, REPAIRS AND OTHER CHARGES.. 6 INSURANCE. 6 RULES AND REGULATIONS.. 6 CONCLUSION. 6 LISTING OF RULES AND REGULATIONS MODIFICATION REQUEST

3 PURPOSE Dear Residents of The Knolls at Ramapough Condominium II The Board of Managers of The Knolls at Ramapough Condominium II has prepared this handbook for the purpose of acquainting unit owners and tenants with the rules and regulations of our condominium. A condominium is like a small community. We live closely together and share many things in common. The buildings, the grounds (lawns, shrubs, and trees) and the roads; belong to all of us and are for our mutual enjoyment and benefit. Similarly, the Condominium expenses are borne by all of us. Simple rules have been established to enable us to enjoy our homes, maintain the condominium in good condition, and protect our investment. This handbook is not intended to be all-inclusive. Rather, it attempts to address those issues which commonly come up and are important to all residents. We will make an effort to update this handbook from time to time as the need may arise. Should you sell your home, we would appreciate your passing this handbook on to the next owner along with your Offering Plan. If you rent out your unit, you must familiarize your tenants with the contents of this handbook and provide them with a copy. What is The Knolls at Ramapough? The "Knolls at Ramapough is comprised of The Knolls at Ramapough Condominium I and The Knolls at Ramapough Condominium II and an Association (Homeowners' Association) linking the elements common to both condominiums. The Knolls at Ramapough Condominium II consists of the area bounded on the South by the New York State Thruway; on the North by Ramapo Cirque Boulevard; on the East by the fence of Ramapo Cirque Community; and, on the West by the running track which circles the retention basin. Within the area of the Knolls at Ramapough Condominium II are five (5) Courts Mohawk, Lenape, Kensico, Iroquois and Jumano and all roads within the areas of those courts. A map has been provided to illustrate the physical boundaries and roadways of our community. Additional copies of this handbook can be obtained from the Board of Managers. We hope that you will find this handbook informative. Very truly yours, The Board of Managers 2

4 UNITS There are one hundred and thirty-two (132) residential townhouse units comprising The Knolls at Ramapough Condominium II. The condominium is divided into two basic types of areas: units and the common elements. When you purchase a condominium unit you enter into an arrangement in which much of what you own is shared with other unit owners. These shared items are referred to as Common Elements. Each owner obtains fee simple ownership in, and exclusive right of occupancy and possession of his/her unit, together with an undivided 1/132 nd interest in the common elements. Units can only be used for residential purposes. Each unit consists of the area enclosed horizontally by the unexposed faces of the sheet rock dividing the units from exterior walls of other units and vertically by the underside of the finished floor and the upper face of the sheetrock ceiling. The doors and windows and the air conditioning equipment also are included in the unit. Each unit owner is responsible for the maintenance of and repairs to all facets of his own unit including doors, windows, electrical, plumbing, and heating and air conditioning equipment located within the unit. COMMON ELEMENTS Everything that is not part of the unit is a common element. Two types of facilities are defined as limited common elements : balconies (decks) and basements. A "limited common element is an area, which is reserved for the exclusive use of the unit owner. For example, a deck and basement is provided for the exclusive use of the unit owner whose unit has direct access to the deck and basement. In all other respects, these facilities are common elements and therefore the responsibility of the Board of Managers. They are subject also, to the prohibition against alterations without prior approval of the Board of Managers. In addition, each unit has exclusive use of two (2) assigned parking spaces that are also deemed limited common elements. The Board of Managers must provide for the maintenance of and repairs to all common elements. The Board is also responsible for painting exterior doors, windows and sashes, to ensure that uniformity of appearance is maintained. We hope that these guidelines should resolve most of the questions that will arise in the future. For further clarification, reference should be made to your Offering Plan. BOARD OF MANAGERS The Condominium is managed by a nine member Board all of who are homeowners. Three members are elected each year to serve a three-year term. Each unit has one vote for each open seat. This election takes place at the annual meeting. The Board members and officers, who are chosen by the Board, receive no compensation for their services and act strictly voluntarily. The Board may employ, for the benefit of the Condominium, a management agent, legal counsel, accountant, and various contractors under term contracts or otherwise. COMMITTEES Committees composed of unit owners have been formed to provide aid and advice to the Board of Managers. Unit owners are encouraged to participate. Any unit owner interested in serving on committees should notify the Board in writing through the Management Agent. 3

5 MEETINGS The By-laws call for one general meeting annually (' Annual Meeting ). As of 2001, the annual meeting is scheduled in May. The Board, however, may call additional meetings of the unit owners as the need arises. In addition, the Board of Managers currently meets on a regular basis, each month, at the home of a member. If you wish to address the Board, a request in writing should be made to the Board via the Management Agent, prior to the next monthly meeting. ANNUAL BUDGET Our fiscal year is from January 1 to December 31. A budget is prepared annually by the Board and is available to unit owners. The prior year's financial activities are reviewed and projected common charges as determined by the Board are presented. AUDIT A Certified Public Accountant retained by the Board of Managers audits the condominium receipts and disbursements annually. A certified report is prepared and made available to each unit owner at the annual meeting. ALTERATIONS Approval must be requested from the Board of Managers for alterations or installations of any type, to, on or affecting common or limited common elements. No work may commence until written approval from the Board has been obtained. A plan or schematic drawing of the proposed alteration must be submitted to the Board through the Management Agent. Any alterations or additions to the common or limited elements will become a part of the common elements and cannot be removed without the consent of the Board. The Board may request removal, or have removed, any unauthorized alterations to the common or limited common areas at unit owner expense. The By-laws state the Board may revoke approval if alterations have not been made as originally specified. In addition, the homeowner will be responsible to acquire any and all certificates of occupancy that may be required by the Village of Suffern Building Inspector. As a condition for approval; the unit owner may be requested to sign an indemnification agreement to the Board of Managers with regard to such alterations. Please see the Modification Request Form in the appendix of this handbook. PARKING Parking at the Knolls is limited. Thus, your cooperation is essential to assure our safety and mutual benefit. Two numbered spaces have been provided per unit. These are the only spaces designed for exclusive use by unit residents. Your visitors must park in either one of your numbered spaces or in visitor parking spaces only. No piggy-back" parking shall be permitted, nor shall vehicles be allowed to park in, or block, fire zones, mailboxes, driveways, dumpsters or in undesignated spaces. All residents should familiarize themselves with the rules and regulations specifically pertaining to use of parking spaces. REFUSE All household garbage must be placed neatly within dumpsters specifically provided within the 4

6 common areas for that purpose. All residents should familiarize themselves with the rules and regulations specifically pertaining to garbage, trash disposal, and recyclable materials (glass, cans, plastics, newspapers, etc.). Arrangement must be made with the trash contractor at for pickup of bulk items including furniture and appliances. Carpet and carpet padding may NOT be left at dumpsters. Residents are required to have contractor remove carpet. Water heaters, furnaces or boilers may not be left at dumpsters. SALE OR LEASE OF UNITS The By-laws require that a unit owner must obtain a waiver of the right of first refusal from the Board of Managers in connection with the sale or lease of a unit. A sale or lease cannot be legally consummated without this waiver. All unit owners must comply with the rules and procedures pertaining specifically to the sale and/or lease of units. See attached procedures in the appendix. PAYMENT OF COMMON CHARGES AND ASSESSMENTS In order to pay the common expenses that are needed to run the condominium, common charges are assessed to each unit. These common charges are assessed in equal monthly payments and are due in advance on the first day of each month. When, in operation of the condominium, it becomes necessary to expend funds that have not been budgeted, a special assessment is levied to raise funds. A late charge will be levied against any unit owner whose payments have not been received by the 10th day of the month in which it is due. Prompt payment is necessary in order for the Board to properly manage the condominium expenses. Failure of a unit owner to promptly pay common charges puts an undue burden upon all other unit owners. The By-laws require the Board to take prompt action for collection of past due common charges and assessments. Delinquency will result in an action of either a money judgment or the filing of a lien or both. If it becomes necessary for the condominium to institute legal action, the defaulting unit owner will be liable for all court costs and legal fees incurred by the condominium. Foreclosure proceedings may commence shortly thereafter. PETS Pets (dogs, cats or other household pets, not to exceed two (2) per home) are permitted provided they are not a nuisance to your neighbors. In no event shall pets be permitted in any portion of the Common Elements unless carried or on a leash and owners must pick up after their pets. No pets shall be permitted on any grassy area. MAINTENANCE REPAIRS AND OTHER CHARGES When the Board is confronted with common element repairs, care should be taken to identify the cause of the damage. The cost of repairs, which are made necessary by ordinary wear and tear or by the elements, must be absorbed in the condominium s budget. When repairs must be made because of damage caused by the negligence, misuse or neglect of a unit owner, the Bylaws require that the expense be assessed against the unit owner. The maintenance and repair of units, including but not limited to the electrical system, plumbing system, painting and decorating of the unit (except painting of the exterior surfaces of windows and doors which open from a home, which is the responsibility of the Board of Managers), repairs to individual gas heaters and air conditioning systems, repairs and replacements of windows and doors abutting a unit, repairs to pipes, wires and conduits located in and servicing the unit, shall be made by the respective unit owner at their own expense. Each unit owner shall also be responsible for the removal of snow, ice, and other accumulations from the deck appurtenant to the unit. Painting of the exterior surfaces of windows and doors which open from 5

7 a unit, repairs to the Common Elements, repairs and maintenance of the parking area, maintenance and repair of the deck (except for snow removal), and the repair of any cracks in the foundation, walls or floors in the basement where there is water seepage, or the repair of any pipes, wires and conduits in one unit, which services more than one unit, shall be the responsibility of the Board of Managers. Any other repairs necessary to the basement shall be the responsibility of the homeowner. Each unit owner shall be responsible for the cost of repairing or replacing any common element, limited common element or Homeowners Association property required as the result of negligence, misuse, abuse, neglect or other act of a unit owner, his lessee (tenant), or his guest. INSURANCE The common elements, including all buildings, are covered by insurance paid for by common charges. Unit owners should contact the Board or the management agent before making any claim against our insurance company. Each unit owner is responsible for insuring his or her own personal possessions as well as additions or alterations. If you have any questions regarding insurance, please contact the management agent or your personal insurance agent. RULES AND REGULATIONS Both unit owners, their tenants and guests alike, must adhere to rules and Regulations promulgated by the Board. The rules and regulations set forth in this handbook are not necessarily all-inclusive; and are designed to promote a safe and harmonious environment that we may all enjoy. The Board may promulgate, from time to time, such reasonable rules and regulations as are necessary or desirable for the common good of the condominium residents. CONCLUSION If you have any questions concerning this handbook, please feel free to contact the Board of Managers. If you have any suggestions, please don't keep them to yourselves. The Board is open to new ideas and will review all suggestions promptly. Please submit your suggestions in writing to the Board through the management agent. Respectfully submitted, April, 1996; updated July

8 RULES AND REGULATIONS The following is intended to be a compilation, by category, of the current rules and regulations that you, as a Homeowner, should be aware of. This listing is not necessarily all-inclusive, and the rules and regulations may be amended from time to time, as the Board of Managers shall deem necessary. A violation of these rules may subject the unit owner to fines and/or other legal action. The rules and regulations shall also apply to the guests and the tenants of any unit owner, for whom the unit owner shall be responsible. 7

9 COMMON AREA USAGE 1. Neither the front steps and portico nor the rear deck and steps may be covered by Astroturf carpeting, or any similar material. This does not include reasonably sized doormats. No deck shall be enclosed, decorated or covered by awning or otherwise, without the prior written consent of the Board of Managers. 2. All household trash must be disposed of within the containers in the dumpster areas. Failure to do so will result in a fine. All magazines, newspapers, cardboard and other recyclables shall be bundled separately with biodegradable cord, and disposed of within the designated area in each court, in accordance with the local laws of the Village of Suffern. 3. The posting of notices, bills, and advertisements on common properly is not allowed. 4. The Common Elements shall not be obstructed, littered, defaced or misused in any manner. 5. No Homeowner shall paint the exterior surfaces of the windows and doors opening out of the home. 6. Each Homeowner shall keep his deck free from snow, ice and water, and the Homeowner shall not paint his deck or affix objects of any kind to its walls. 7. The sidewalks, entrances, passages, shall not be obstructed or used for any other purpose other than ingress and egress to and from the homes. Front steps (stoops) may not be used for storage of any items. 8. Each Homeowner shall be responsible for the maintenance, repair and replacement of his own heating and air conditioning unit which unit is located in the basement area appurtenant to the home. 9. No awnings or window guards shall be used in or about any home without the prior written consent of the Board of Managers. No radio or television aerial, or satellite dish shall be attached to or hung from the exterior of the buildings and no sign, notice, advertisement or illumination shall be inscribed or exposed on or at any window or other parts of the buildings. 10. No animals or reptiles of any kind shall be raised, bred or kept in any home or in the Common Elements, except that dogs, cats or other household pets not to exceed two per home, may be kept in the homes, subject to the rules and regulations adopted by the Board of Managers, provided that they are not kept, bred or maintained for any commercial purposes, and provided further that any such pet causing or creating a nuisance or reasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days written notice from the Board of Managers. In no event shall any pet be permitted in any portion of the common areas, or on any grass area under any circumstances. Each unit owner shall be responsible to pick up after the pet. 8

10 LEASES 1. Application for permission to lease a unit must be requested through the Board of Managers attorney, at least sixty (60) days prior to the start of the proposed lease term. 2. Application for permission to lease a Unit must be made in writing to the Board of Manager's attorney, and must be accompanied by a copy of the proposed lease by certified mail, return receipt requested. 3. No unit owner may lease his unit for a Lease Period of less than 1 year or more than 1 year. 4. Any application to rent a unit must be accompanied by a sum equivalent to one month's Lease Security, to be deposited with the Board or its agent in an non-interest bearing account. 5. In no event shall the sum deposited as a Lease Security be less than $1, The total number of rental units shall at all times be limited to a maximum of 20 units for the whole of The Knolls at Ramapough Condominium II. 7. There will be no subletting of any rental units. 8. A waiting list will be maintained by the Board to control the assignment of available rental units to Homeowners. A 60-day maximum period will be allowed during which the Homeowner may secure a tenant. 9. For consideration of Lessee s responsibilities to the Condo, members of the Lessee's household, and guests of the Lessee shall be considered members of the Unit Owner's household. COMMON CHARGES AND ARREARS 1. Any homeowner in arrears of common charges and/or assessment is subject to an additional $25.00 fine for each month that account remains in arrears. 2. Any homeowner found to be in Arrears for more than two (2) months common charge is subject to suit by the Board of Managers for the collection of those arrears, as well as the collection of all legal fees, costs and disbursements incurred in the process of that litigation. 3. Common charges will be combined with HOA. monthly dues and both shall be paid as a single payment to the Knolls at Ramapough Condominium II. 9

11 PARKING 1. The Board of Managers has established Fire Zones, which are set forth on a map maintained by the Board, and said Zones are marked on Condo II property with yellow paint. 2. Parking is forbidden in all Fire Zones, at all times. 3. The unmarked free spaces within Knolls at Ramapough Condominium II are reserved for the exclusive use of Knolls II homeowners' guests. Guest parking is limited to overnight in these spaces. If a guest is visiting for a period of time over 24 hours, the guest car is to be parked in the unit owner s reserved space with the unit owner using the guest parking lots. (If the unit owner wishes to retain his reserved space for his own use, the guest car must be parked in the guest parking lots). 4. Unregistered and/or uninspected cars are not permitted to be parked in the guest parking spaces at anytime, and are subject to removal at the owner's expense. 5. No person shall park a vehicle in or otherwise obstruct ingress or egress to another Homeowner's restricted parking space. 6. In order to permit and facilitate efficient snow removal within the courts and common areas, homeowners should remove their vehicles so that snow plows can "snow plow" the area free of snow without interference. 7. No person shall exceed the posted speed limits within the condominium complex. Speed bumps have been installed to promote the safety of the residents of the condominium. Any damage caused to persons or vehicles resulting from traveling over such speed bumps at an excessive speed shall not be the responsibility of the Board. 8. No major repairs to vehicles shall be permitted in any parking area. Car washing is restricted to use of buckets and water only. Hoses attached to water supply are not permitted. 10

12 FINES IN GENERAL 1. The Board of Managers has the power to direct its management agent to add any fines assessed by the Board of Managers to the Common Charges against any homeowner, for any violation of its Rules. It is the Board s policy to require corroboration of any violation by at least two complainants before imposing a fine. 2. A unit owner is responsible and subject to fines for violations of any Condo rules, Regulations, or By-laws by the unit owner, any member of his household, his guests, or his tenants and their families and their guests. 3. The fines for trash dumping on Knolls Condo II grounds will be: a. First Offense: $ b. All Subsequent Offenses: $ The fines for Parking violations will be; a. First Offense: $ b. Second Offense: $ c. Third and all subsequent offenses $ The fines for Pet Handling (curbing, cleaning after, etc.) violations will be: a. First Offense: $ b. Second Offense: $ c. Third and all subsequent offenses: $ All violations not listed above are: a. First Offense: $ b. Second Offense: $ C. Third and all subsequent offenses $ The imposition of fines by the Board of Managers shall not prevent the Board from seeking any other, further and/or additional relief to which the Board shall be entitled, or from enforcing the Board's rights. 11

13 HOUSE RULES 1. Owners of homes shall not use or permit the use of the premises in any manner that would be disturbing or a nuisance to other said owners, or in such a way as to be injurious to the reputation of the Condominium. 2. Every homeowner shall be liable for any and all damage to the Common Elements and the property of the Condominium, which shall be caused by said homeowner, a member of his household, his guest or any other person for whose conduct he is legally responsible, such as tenants, etc. 3. No Homeowner shall at any time bring into or keep in his home any inflammable, combustible or explosive fluid, material, propane, chemical or substance, except for normal household use. 4. All radio, television or other electrical equipment of any kind or nature installed or used in each home shall fully comply with all rules, regulations, requirements or recommendations of the New York Board of Fire Underwriters and the public authorities having jurisdiction, and the homeowner alone shall be liable for any damage or injury caused by any radio, television or other electrical equipment in such homeowners home. 5. Prior approval must be requested from the Board of Managers for any structural or any other physical modification done to the home or other altercations that would impair the structural soundness of the home. In addition, the homeowner will be required to secure any and all necessary Building Permits, Fire Underwriters Certificates and Certificates of Occupancy which may be required by The Village, County or State, and to furnish the Board with a copy thereof. 6. No homeowner shall be allowed to place personal items or other property in or upon any portion of the Common Elements. No personal items may be stored under the decks. 7. Homeowners shall permit the agents of the Board of Managers or the Managing Agent, and/or any contractor or workman authorized by the Board of Managers or the Managing Agent, upon notice to enter any home in the buildings at any reasonable hour of the day for the purpose of inspecting such home for the presence of any vermin, insects or other pests and for the purpose of taking such measures as may be necessary to control or exterminate any such vermin, insects or other pests. In an emergency situation, or where such reasonable notice shall be impractical, such notice shall not be required of the Board, or its Agents. 8. No trucks, trailers, recreational vehicles, or boats may be parked on the Condominium grounds except trucks there temporarily for the purpose of making a delivery or a pickup. 9. Kiddy pools may not be placed on any common area (grass or pavement). Pools on residents decks may not be left out filled overnight. 12

14 THE KNOLLS AT RAMAPOUGH CONDOMINIUM II REQUEST FOR MODIFICATION I,, hereby request approval by the Board of Managers of The Knolls at Ramapough Condominium II for the modification shown below to Unit # located at The Knolls at Ramapough Condominium II: (Street Address) Contractor(s) that will be used for the modification: 1. The undersigned will be allowed limited access to the common areas as required for the above said modification. The undersigned or the undersigned s contractor at the expense of the undersigned shall repair any damage done to the common elements as a result of the said modification. 2. The undersigned will be held directly responsible for any damage caused as a result of the work performed in modifying the common elements. 3. The undersigned agrees to hold harmless the Board of Managers and the Condominium and Lightyear Property Management Corp. for any damage, injury or other liability that may result from the existence, use or misuse of any work performed in modifying the common elements. 4. The undersigned agrees to deposit with the attorney (Warren Kossin, Esq.) for the Condominium the sum of $500 that shall be held in escrow in a non-interest bearing account. For the following list of modifications, the full balance of $500 will be returned upon completion of the modification and a satisfactory inspection by management: window replacement sliding door installation 13

15 5. For the following modifications, $250 of the deposit will be returned upon completion of the work and a satisfactory inspection by management. The balance, in the sum of $250 will remain on deposit until the first anniversary after the work has been completed: basement finishing attic ventilator fan installation fireplace installation any modification where the roof is penetrated or the foundation may be nailed into 6. Said sum shall be used to insure that all work done by and for the undersigned shall be done in a workmanlike manner and to insure against damage that may occur as a result of said work. In the event that the said modification caused damages in excess of $500, the undersigned shall be liable for the additional damages and the undersigned s liability shall not be limited to $ The undersigned agrees to hold the Board harmless against all attorneys fees and court costs which it may incur as a result of the actions of the undersigned or the undersigned s agents or contractors in pursuance of the work to be performed in modifying the common elements. 8. The undersigned agrees that all contractors working on the common elements in connection with the above said modification, are working as the undersigned s agent at the undersigned s request and they are not acting as the agent of or as a contractor of the Board of Managers, the Condominium or Management in any manner whatsoever. 9. The undersigned agrees to have all work comply with all applicable Federal, State and local laws and to obtain all necessary licenses and/or permits. 10. The undersigned agrees to submit to the Board, plans for said work which must be approved, in writing, before any work is commenced. 11. All contractors shall possess a current Rockland County License (Electrician, Plumber, Home Improvement, etc.) of which copies of all licenses shall be submitted with this application. 12. Contractors shall possess insurance. A certificate of insurance, naming Knolls at Ramapough Condominium II and Lightyear Property Management Corp. as additional insureds, shall be submitted along with this application. 13. It is hereby agreed that all materials used for the purpose of the above said modification or left as a result of the modification shall be removed from the common elements within two (2) days of substantial completion of the work performed. If this is not done, the Board shall cause the debris and materials to be removed and the cost thereof shall be deducted from the funds in escrow. 14. This agreement shall be assigned to any successor, heir, assignee or purchaser and such successor, heir, assignee or purchaser shall assume all liability under this 14

16 agreement, but under no circumstances shall the undersigned be relieved of legal responsibility. It shall be the undersigned s responsibility to make the assignment of this agreement. 15. The undersigned acknowledges that any consent or approval given by the Board of Managers may be added to, amended or repealed at any time by resolution of the Board of Managers. A violation of any of the terms herein by the undersigned shall cause an immediate termination of the approvals contained herein. 16. The failure of the Board of Managers to act pursuant to the terms of this agreement shall not be deemed a waiver of any of its rights hereunder or as set forth in the By- Laws and Declaration of Condominium. Attached please find the following additional information: A copy of the contractor s Rockland County Home Improvement License. A certificate showing that contractor has liability and workman s compensation insurance. Plans for modification (when applicable) Village of Suffern Building Permit (when applicable) Use additional sheets if necessary. Owner(s) Signature(s): The above request for modification to Unit # has been: ( )APPROVED ( )APPROVED WITH THE FOLLOWING CHANGES ( )DISAPPROVED DATE: BOARD OF MANAGERS DATE: MANAGING AGENT 15