Mews at Pinnacle Club Condominium Association. Handbook of Rules and Regulations
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1 Mews at Pinnacle Club Condominium Association Handbook of Rules and Regulations Adopted January 18, 2011
2 TABLE OF CONTENTS Reference Guide Message From Board of Directors... 3 The Unit Owner... 4 The Property Management Company... 4 The Board and the Association... 5 The Board... 5 Condominium Declaration & Bylaws Purpose of Rules & Regulations & Their Modification....5 FINANCIAL MATTERS... 6 Association Dues..6 Returned Checks Delinquency Policy on Fees & Assessments INSURANCE....7 Association Insurance...7 Association Insurance Policy Association Insurance Coverage Overview....7 Homeowner s Insurance Coverage..7 Insurance Disclaimer 7 UTILITIES INTERIOR MAINTENANCE, EMERGENCY RESPONSIBILITY....8 Common & Limited Common Element Definition of Common Element Definition of Limited Common Element Purpose of Common Element Activity on Common Element Damage to Common Element Personal Property Modification & Alteration Satellite Dish Policy Satellite Dish Installation Guidelines....9 Satellite Dish Damage Issues Satellite Dish Maintenance Issues Satellite Dish Maintenance Issues Personal Hose Reels/ Hoses Refuse Collection Flowers Flowerpots, etc. 11 Decorative Items Flags Wind Chimes Signs Exterior Surface/ Window Coverings.12 Landscape Lights. 12 Front Door Decorations..12 Storm Door Garage Door Front Porch Furniture Grilling on Patios & Porches. 13 Winter Considerations. 13 HOLIDAY AND SEASONAL DECORATIONS GARAGE SALES MOVING RESPONSIBILITIES PARKING & VEHICLES Parking of Commercial Vehicles PETS NONCOMPLIANCE Enforcement of Procedures Allegations...16 Reconciliation Enforcement Assessment Hearings Dismissal of Allegations Sanction Suspension of Voting Privileges Legal Action Notification of Findings MAINTENANCE RESPONSIBILITY CHART APPLICATION FOR SATELLITE DISH INSTALLATION
3 3 REFERENCE GUIDE This handbook and reference guide were prepared by the Board of Directors of Mews at Pinnacle Condominium Association to serve as a quick source of general information about the community, the rules and regulations by which we shall live, and its governing the Association. This is not a substitute for the Declaration and Bylaws, which should be read and understood by every unit owner. In the event of a conflict between this handbook and the Declaration and Bylaws, the Declaration and Bylaws are the controlling documents. Questions about the Association and its activities should be directed to the Board through any officer. While every effort has been made to assure accuracy, errors do occur. Please feel free to suggest corrections, changes and/or additions. MESSAGE FROM THE BOARD OF DIRECTORS AND OFFICERS Dear Fellow Homeowners and Residents, On behalf of the board and all residents of the Mews at Pinnacle Unit Owner s Association, we would like to take this opportunity to welcome you to the Mews at Pinnacle Club. The Mews at Pinnacle Club is a premier condominium community. Each resident is important to the overall beauty and uniformity of our community. We are very proud of our community and all of its residents. At the Mews at Pinnacle Club Condominium Association, like any other condominium community, the best interests of the community always outweigh the interests of the individual residents. We look forward to receiving your questions and/or suggestions on how we, as a community and as a board can better serve each and every resident. All opinions are important and will be respected. All ideas are welcome. Welcome Home! The Mews at Pinnacle Club Condominium Association Board of Directors and Officers.
4 4 THE UNIT OWNER As a unit owner in the Mews at Pinnacle Club Condominium, you are responsible to read and comply with the Declaration and Bylaws, creating and establishing the Mews at Pinnacle Club Condominium, which is filed with the Franklin County Auditor at Condominium Plat Book No. 190, pages As a unit owner you are responsible to comply with the rules and regulations contained in this handbook. Each person who obtains a simple interest in a unit must provide to the Condominium Association, in writing, within thirty days after acquiring such interest: 1) The name, home address, home and business mailing address, address, and the home and business telephone numbers of the Unit Owner. 2) The name, home address, home and business mailing address, address, and the home and business telephone numbers off all Occupants of the Unit if occupied by persons other than the Unit Owner. 3) The name, business address, address, and business telephone number of any person who manages the Owners Unit as an agent of the Owner. The Unit Owner is also required to provide to the Condominium Association, in writing any change in this information within 30 days of such change. Most communications with unit owners and occupants are made by so Unit Owners and Occupants should regularly check for notices from the Condominium Association. THE PROPERTY MANAGEMENT COMPANY SBS Management is the current property management company. The Board from time to time may choose to employ a property management company and, if so, will notify all unit owners of the duties of the management company and the responsibilities of the Unit Owners to the management company. SBS Management will distribute the Bylaws and Declarations, handbooks, directories, and site map through the transfer fee procedure to new residents. You may contact management by mail at: The Mews at Pinnacle Club Condominium Association c/o SBS Management, LLC 4631 Northwest Parkway Hilliard, OH 43026
5 5 THE BOARD AND THE ASSOCIATION THE BOARD A condominium is a group of living units established under Ohio Revised Code Section 5311 and organized around a common plan of governance as set forth in the Declaration and Bylaws as amended. The Board of Directors, delegated by Ohio law and the Association Bylaws, is responsible for the operation and management of the Common Elements of the community and the Association affairs. The Board has the ultimate authority to make decisions and promulgate rules and regulations in an effort to create a harmonious living environment and help to maintain property value. CONDOMINIUM DECLARATION AND BYLAWS Every Unit Owner should have received a copy of the Condominium Declaration and Bylaws at or before the closing on their unit. The Condominium Declaration and Bylaws are the basis by which a common plan of governance for the community was created and provides the rules and regulations by which the Association will be run. It is the duty of each Unit Owner to become familiar with the Declaration and Bylaws. PURPOSE OF RULES AND REGULATIONS AND THEIR MODIFICATION The purpose of the rules and regulations of Mews at Pinnacle Club Condominium Association is to establish rules that will preserve our asset (the community), control operating and maintenance costs, and provide for a harmonious living environment for all residents. The Condominium industry recognized that a source of a condominium s resale value lies in the well kept and uniform appearance of the entire community and it is to this end that your Board, pursuant to the Declaration and Bylaws, adopted many of the rules and regulations. The Board may amend the rules and regulations from time to time, as conditions change. Such change will prompt a revision page, or pages, to this handbook that will be issued to each Unit Owner.
6 6 FINANCIAL MATTERS ASSOCIATION DUES Association Dues are payable to the Mews at Pinnacle Club Condominium Association on the first of each month. Please identify your unit when paying your Association dues. All dues shall be mailed to: Mews at Pinnacle Club Condominium Association c/o SBS Management, LLC 4631 Northwest Parkway Hilliard, OH A late charge of $20.00 will be added to any account delinquent after the 10 th of the month. RETURNED CHECKS (NSF) Any check returned for non-sufficient funds (NSF) will be: 1. Charged back to the individual account. 2. A $25.00 handling fee payable to the Association will be charged back to the Unit Owner. 3. Checks will be held until a replacement check has been cleared for payment. DELINQUENCY POLICY ON FEES AND ASSESSMENTS Upon the 11 th day of the month, Management sends a delinquency notice to the Unit Owner and the Unit Owner s account is assessed a $20 late charge. Per the Declarations, a lien may be filed when an account becomes thirty days delinquent. Unless otherwise determined by the Board, a lien will be automatically filed when an account becomes sixty days delinquent. The delinquent Unit Owner s account is charged the cost of filing the lien. The Unit Owner is sent a statement monthly until payment is made. Foreclosure action may be taken when the fees are in arrears by $500.00, or at any time prior thereto in the Board s sole discretion. If a foreclosure is initiated, attorney fees and costs are also added to the Unit Owner s account. Any additional cost or attorney fees are added to the delinquent Unit Owner s account and are recouped by the Association after adjudication or settlement. All fee payments made to a Unit Owner s account after that account becomes delinquent will be applied to the oldest outstanding balance. Late charges will continue to be assessed on the outstanding balance until that account is current. All Community Association privileges will be suspended until such time as the account becomes current.
7 7 The Unit Owner s Association voting privileges will be suspended until such time as the account becomes current. The Board will handle the Association s delinquent policy. INSURANCE ASSOCIATION INSURANCE The Association will maintain appropriate levels of insurance according to Ohio State law and The Mews at Pinnacle Unit Owners Association Declaration and Bylaws. ASSOCIATION INSURANCE POLICY A copy of the Association s Insurance Policy can be obtained upon request from the Board or the Insurance Agent for the cost of copying and postage. ASSOCIATION INSURANCE COVERAGE OVERVIEW The Association maintains appropriate levels of insurance for the common elements of the community, as well as the basic structure of the condominium units as they were at the time the units were first transferred from the developer (builder) to the initial owners at the time of closing. HOMEOWNER S INSURANCE COVERAGE Unit Owners should consider obtaining individual homeowner s insurance which would provide coverage for personal contents as well as any and all additions, improvements, betterments and upgrades added to the unit subsequent to when the unit was transferred from the developer (builder) to the very first Unit Owner at closing. INSURANCE DISCLAIMER The above is provided solely for informational overview purposes only. A Unit Owner is responsible for and is encouraged to determine their individual homeowner s insurance requirements upon consultation with a qualified insurance expert. To assist in that endeavor, a copy of the Association s Insurance policy is available from the Board or Insurance Agent.
8 8 UTILITIES HOMEOWNER RESPONSIBILITY Residents are responsible for maintenance and payment of their own gas, electric, cable television, telephone and for calling to initiate service on the date of possession. Please note that the electric utilization associated with coach lighting is on the individual Unit Owner s meter. INTERIOR MAINTENANCE EMERGENCY RESPONSIBILITY All interior maintenance, including that which is emergent in nature, is the responsibility of the Unit Owner. COMMON AND LIMITED COMMON ELEMENTS DEFINITION OF COMMON ELEMENT Except that which is defined to be a unit, the common element is all of the condominium property. DEFINITION OF LIMITED COMMON ELEMENT Those portions of the common elements (the porch, patio and driveway areas) that serve one unit and whose use, benefit and enjoyment is reserved for the lawful occupants of that unit. PURPOSE OF COMMON ELEMENTS The common element is for the sole and exclusive use, benefit and enjoyment of the residents for the purpose and manner in which such elements and facilities are ordinarily used. All Unit Owners jointly own the common elements, including the limited common element. No one shall use the common element or limited common element in such a manner as to disturb others. ACTIVITY ON COMMON ELEMENT There shall be no playing of organized sports, lounging, parking of bicycles, baby strollers, wagons, toys, vehicles, benches, chairs on any part of the common element except patio/porch elements (limited common element). Any Board approved extension of the patio may be used for their intended purposes. It is expected that Unit Owners will demonstrate common courtesy to your adjoining unit residents relative to noise and activities on patios and porches. Party activities on the common elements and limited common elements (porches and patios) should terminate by 11pm Sunday through Thursday, and 1am on Friday and Saturday night. DAMAGE TO COMMON ELEMENTS Unit Owners are responsible for the maintenance and repair resulting from damage to the common elements caused by any negligent or intentional act of the Unit Owner, residents of a unit, or guest of any Unit Owner or resident.
9 9 PERSONAL PROPERTY All personal property, such as lawn chairs, bicycles, tables, chairs, etc. must be kept within the patio element or the garage, unless through Board approval, there has been an extension to the patio, which would then permit personal property to be placed on the approved patio extension. When items are not in use please cover or store them away. No laundry (swimsuits, towels, rugs, etc.) will be hung over any patio or porch railing. MODIFICATION AND ALTERATION Board approval is required for any modification or alteration to the common element, or limited common element. The Unit Owner desiring approval for a modification or alteration will submit complete plans, including specifications showing the nature; kind, shape, height materials, color and location, desired start and anticipated completion dates for the desired alteration or modification to the Board. The Board will then vote on the proposal. With written Board approval, but prior to initiating the modification and alteration, the Unit Owner will sign appropriate documents that will: 1) Define the scope of the modification or alteration approved. 2) Acknowledge that Board approval does not in any way constitute a change as to how the property being modified or altered is defined, and that it remains defined as common property. 3) Make the Unit Owner, or subsequent Unit Owner, responsible for all maintenance and or damage repair to the modification or alteration, irrespective of how that damage was created. The Unit Owner, or subsequent Unit Owner, is also responsible for any additional maintenance or repair costs realized by the Association as a direct result of the presence of that modification or alteration. SATELLITE DISH POLICY When a Unit Owner wishes to install, or have installed a Satellite Dish, that Unit Owner should make an application to the Board of Directors for such an installation. Please refer to the application form in the back of this handbook. A completed application does not in any way infer approval. The approval by the Board does not in any way alter or limit the requirement of the Unit Owner to adhere to all City Codes and Regulations and those codes and regulations of other agencies governing such an installation (i.e. the FCC, the Building Department, the Utility Company, Manufacturer Guidelines, etc.). The Unit Owner is still required to obtain any and all permits, such as a building permit, etc. required by law. SATELLITE DISH INSTALLATION GUIDELINES Dishes shall be as small as possible, but in no case larger than 39.4 inches (one meter) in diameter and shall not be affixed to or placed upon any exterior wall, roof, or in the common elements unless approved by the Board in writing.
10 10 The dish installation shall be, of quality construction and shall conform to all applicable building codes and manufacture s specifications. The Board reserves the right to have the dish owner paint the dish in a color that will blend with the surrounding building. Any variation in installation from that represented on the original approved application for dish installation must be submitted in writing for approval. SATELLITE DISH DAMAGE ISSUES The Unit Owner is responsible for any damage to the exterior of the building or unit caused by the dish installation process. If any existing landscape, public improvements or utilities are damaged or destroyed during any phase of installation, the Unit Owner shall, at their expense, replace and/or repair such damage. With dish removal, the Unit Owner is responsible to repair any damage resulting from the dish having been installed. SATELLITE DISH MAINTENANCE ISSUES Dish maintenance and/or repair are the responsibility of the Unit Owner. The Unit Owner is responsible for any additional unit maintenance and /or repair costs incurred as a result of the dish installation. PERSONAL HOSE REELS/HOSES Personal hose reels and hoses must be stored in the garage or on a hose mount (not affixed to the building). REFUSE COLLECTION All refuse containers should be placed outside not sooner than the night before collection and put away the evening of collection. All refuse containers are to be stored inside the garage. FLOWERS Owners are encouraged to plant flowers (annuals and perennials), in the mulched common elements immediately adjacent to their Unit and to the mulched elements around common element trees. Planting around common trees that do not have a surrounding mulched element, etc. is prohibited without prior written Board approval Prior written Board approval is needed to extend a mulched element, create a new mulch element, or create a garden element. Maintenance of the flowers is the responsibility of the resident, and dead annuals are to be removed at the end of the season. The Association will notify a resident of dead annuals that have become unsightly and will provide a seven (7) day notice for removal. If not removed, the Association will remove the annuals, and the cost for the removal will be assessed to the Unit Owner.
11 11 Flowerpots, standing flowerpots, flower boxes, planters, trellises, etc. are prohibited on the grass elements and unit walkways of the common property. Standing flowerpots are permitted on porches and patios. HANGING FLOWERPOTS Hanging flowerpots are permitted in porch elements and may only be attached to the wood surfaces of the porch elements using appropriate hardware. The drilling of holes into these wood and wood by-product elements presents a source for the possible entry of moisture etc. that could cause eventual damage by de-lamination. The Unit Owner, or subsequent Unit Owner, will be held responsible for all repair costs, either immediate or in the future, to these wood or wood by product structures directly or indirectly caused by the hanging flower pot installations. Attaching hanging pots to the stucco element (irrespective of location) or garage is prohibited. At the end of the season, all hanging pots must be removed from view. PLANTERS, FLOWER BOES Planters or flower boxes are prohibited along the driveway or walkways. Planter and flower boxes made of natural materials are permitted along the railings of porches or on patios. At the end of the season, planter and flower boxes must be removed from view. BUSH, TREE PLANTING, ETC. Prior written approval is required before the Unit Owner or resident plants any bush, tree, etc. DECORATIVE ITEMS (Statues, Bird Feeders, Birdbaths, Etc.) Statues, statuettes, bird feeders, birdbaths, and decorative art are permitted only in limited common elements as long as they are submitted to and approved by the Board. Lawn or yard ornaments of any kind are prohibited in common elements. Artificial flowers are prohibited. FLAGS The American Flag may be flown or displayed at any time following normal flag protocol. Decorative or seasonal flags, which are in good condition and of an appropriate size (3ft x 5ft), are permitted. School and team flags may be flown on game day only. Installation of flag holders are permitted only on the wood portion of the porch element or garage and are not permitted to be installed to any stucco element. Damage created by installation of flag holders, through the drilling of holes permitting water to enter and causing wood damage, either immediate or in the future, is the responsibility of the Unit Owner.
12 12 WIND CHIMES Wind chimes are permitted in the limited common element with consent of the residents immediate neighbors. SIGNS One professionally prepared, unlit 'FOR SALE' sign (no larger than 9sq ft. in size) may be placed in front of a unit and must be provided by the Board or approved by the Board. A security system decal may be placed in the window and/or on a small sign designed for that purpose and placed in the garden bed element closest to the front door. Open house directional signs are permitted for a reasonable period of time. (up to 24 hours) No other signs, including, political signs, team signs, are permitted. ETERIOR SURFACE OF BUILDING-WINDOW COVERINGS Unit Owners shall not cause or permit anything (except where it is expressly permitted in this handbook) to be hung or displayed on the inside or outside of windows (except interior inoffensive WHITE drapes, curtains or louvered blinds) or placed on the outside wall of any building, and no signs, awning, canopy, shutter, radio antenna, television antenna, or satellite dish shall be affixed to or placed upon the exterior walls or roof of any part of any building without the prior consent of the Board of Directors. LANDSCAPE LIGHTS Currently, landscape lights are prohibited unless first approved by The Board of Directors. FRONT DOOR DECORATIONS One non-holiday related front door decoration, such as a wreath or door hanging, is permitted. **STORM DOOR Pertains to ALL residents Anderson 4000, full-view door, Brass trimmed SAF- T-GLAS window, interchangeable full screen included, brass tone bottom. Front door BLACK and back door WHITE. GARAGE DOOR The garage doors at The Mews at Pinnacle Condominium Association are part of the unit. Because of the short nature of some driveways, it is imperative that Unit Owners manifest extreme care not to damage their garage doors when parking on the driveway. Because damaged garage doors can significantly affect the appearance of the community, the Board has adopted the following garage door repair policy: Other than a community effort towards refinishing all of the garage doors, the Unit Owner is responsible for the timely repair of damaged garage doors. With notification of a damaged garage door by management, the Unit Owner will have 14 days to either have appropriate repairs made or to provide a copy of a work order that has been issued to address that repair.
13 13 For each day that the garage door is not repaired, or a work order has not been created relative to that repair, the Unit Owner will be charged a $15.00 per day assessment. It is mandatory that garage doors be closed when the garage or driveway is unattended. FRONT PORCH FURNITURE Patio furniture should not exceed the rail height. GRILLING ON PATIOS AND PORCHES Grills placed too close to the building may cause damage to the stucco. The cost of the repair for damaged stucco is the Unit Owner's responsibility. WINTER CONSIDERATIONS The use of salt on the concrete porches and walkways are prohibited. Calcium Chloride can also create damage under freeze/thaw conditions. Please use extreme care when using these products. HOLIDAY AND SEASONAL DECORATIONS A reasonable display of lights and decorations, not causing permanent damage to the building, gutters, and wood trim can be displayed in or on the limited common element of each unit during the holiday season. Any damage created by the installation of these holiday decorations is the responsibility of the Unit Owner. Holiday Decorations may be displayed 30 days prior to said holiday and must be removed within 30 days after said holiday. GARAGE SALES Garage sales and tag sales are prohibited except where endorsed and approved by the Board as a community event. MOVING RESPONSIBILITIES Commercial Vehicles - A driver MUST be immediately available to move the vehicle if requested. Length of commercial vehicles is limited to a "fixed box" of 30 feet. Moving Vans - can be "fixed" as stated above, tractor-trailer units using 26 feet trailers, or what is known as "pup" trailers. (The latter are handled, over-the-road, in tandem).
14 14 All other moving vans, in excess of the above, are prohibited. Try to arrange your moving date so that it does not conflict with scheduled events such as refuse collection. (Refuse collection for The Mews is on Thursday, except Holiday weeks). If you are moving, it is very important to notify the Board of Directors as to who the new Unit Owner of record is and the closing date. It is the current owners responsibility to make certain that all condominium dues, etc. are current. PARKING AND VEHICLES All parking by residents or guests of residents shall be in the following order: 1) Inside of the garage 2) If there is no available space in the garage then you should park within the limited common element in front of the garage door. No vehicles shall be parked in any manner that blocks any street or driveway, or the ingress/egress to any other Unit Owner s garage. Parking along any street is strictly prohibited. Parking and/or driving on any lawn element is prohibited. Guests should park in host s driveway first, then auxiliary parking areas where designated as guest parking. Boats, trailers, motor homes, recreational vehicles, trucks (larger than 1 ton pick-up), campers, travel trailers, etc. may be parked in the driveway for a period no longer than 24 hours without advance approval by the Board or the Board s representative. Major vehicular repairs are prohibited on common, or limited common property; inoperable vehicles (flat tire, dead battery, expired tag, etc.) shall not be parked in any area other than a garage except for short-term emergency service (changing a flat tire, battery jump, etc.). Unit Owners and their guests will make every effort to protect the common property element paving and limited common element property paving, such as using wood to distribute jack pressure while affecting repairs. Unit Owners will be responsible for any damage created. Parking of Commercial Vehicles Vehicles with commercial plates and/or signage are not to be parked on limited common elements (driveways) or common elements (guest parking) at any time. Commercial moving vans and trucks, or other commercial vehicles in the area to perform service or repair work for a Unit Owner or commercial vehicles performing services or repairs requested by the developer are the authorized exception for the length of time necessary to accomplish the service or repair work. Parking on undeveloped land within the boundaries of the condominium development is restricted to those approved by the developer, construction vehicles, or in designated guestparking areas. Unit Owners or their guests are not permitted to otherwise park or store vehicles or other property on the undeveloped land or park on the street within the undeveloped area. The developer/owner has authorized the condominium association to enforce these rules.
15 15 IT IS THE INTENTION OF THE BOARD OF DIRECTORS TO ROUTINELY AND REASONABLY ENFORCE THESE RULES. FAILURE OF THE CONDOMINIUM ASSOCIATION TO IMMEDIATELY IDENTIFY OR ENFORCE A VIOLATION DOES NOT INDICATE AQUIESENCE OF THE CONDOMINIUM ASSOCIATION. Violation of any of the parking vehicle operating rules including in the undeveloped area can result in an individual Unit Owner assessment of $50.00 per vehicle per offense or towing, without notice, at the vehicle owner s expense. PETS Pet owners are responsible for promptly cleaning up after their animals. The Condominium Common Elements are for the enjoyment of all Unit Owners and Residents. These elements cannot be fully utilized and enjoyed if animal wastes are left on the grounds. Pets are not allowed to be in common or limited common elements off a leash, even if very docile, as they can represent an annoyance to, or perceived threat by a fellow community resident. The following clarifies the rules governing pets in the community: 1) Animals other than those classified as Household Domestic Pets are prohibited. The number and size of the household domestic pets are subject to reasonable limitations per the board. Pets will not be bred or maintained for commercial purposes. 2) All pets must be on a leash when in the common or limited common element. 3) Animal houses or pens are not permitted on patios, porches, limited common, or common elements. 4) It is the Unit Owners responsibility to make sure that their pets or pets visiting their unit do not interfere with another Unit Owners quiet enjoyment of their property. 5) Animal wastes must be cleaned up immediately. Owners failing to clean up after their pets will be assessed the cost for grounds maintenance people to clean up after their pets. Owners consistently failing to clean up after their animals may be faced with removal of the offending animal from the Condominium property upon written notice from the Board. 6) The cost of repairing any damage done to Association property by an animal will be a special assessment of the Unit Owner responsible for that animal. This shall include damage to the common lawn element, and limited common garden element, caused by urination in the same location.
16 16 In addition to any other remedy, pet owners may be assessed for violation of these policies, at the rate of $25 for each offense, after the first warning notice. NONCOMPLIANCE Residents who have problems with other residents with regards to following the rules of the Handbook are encouraged to try to resolve the issues informally. Any resident who feels that a rule has been violated may file a formal complaint form, found in the back of the Handbook, with the Board of Directors. Once that complaint is received, the Board will review the complaint, and if warranted (in the Boards discretion), will send a violation letter. (See Enforcement policy). The Board will also send the resident a copy of the section of the Handbook titled Noncompliance. A copy of the letter to the resident will be sent to all Board Members. The resident receiving the letter has the following options: 1. Comply with the Handbook. Once that has been achieved, the resident should notify the Board. 2. Write a letter to the Board disputing the legitimacy of the complaint. The Board will rule on this. If the complaint is found to be illegitimate, the issue is over. If the complaint is found to be legitimate, the resident will be advised to comply with the rules within ten days. 3. Write a letter to the Board that explains why the 10-day CURE period is insufficient. The resident must propose another date and explain the necessity for the delay. Once the Board receives this letter, it may decide to grant the delay or instruct the resident to comply with the rules within ten days. 4. Refusal to comply. If the resident does not comply within the allotted time period and does not write a letter to the Board requesting additional time or questioning the complaint, the Board may engage someone to perform the work necessary, and bill the resident for the cost. Or begin the enforcement assessments policy. The formal complaint form is located in the back of this handbook. ENFORCEMENT PROCEDURES This provision supplements the noncompliance provision found in this handbook. The enforcement of the Condominium Association Rules and Regulations and of the Covenants and Bylaws of the Condominium Association, other than with respect to assessment collection, shall be pursuant to the following, provided that nothing contained herein shall limit any remedy the Association or any member may have under law or pursuant to the provisions of those documents. ALLEGATIONS An allegation of an infraction of the Covenants, Bylaws and Rules and Regulations shall be handled in the following manner:
17 17 1) The Board, its Designee, or a concerned Unit Owner may discuss with the other Unit Owner who is involved, so as to come to an agreeable solution. 2) A concerned Unit Owner should discuss an unresolved problem with the president/ Board Member or their designee to seek a resolution 3) The Board, its designee, or a concerned Unit Owner may file a written statement/ report with the Board President or a member of the Board by: a. Mailing it b. Delivering it to the Board President/ Board Member. RECONCILIATION Upon receipt of such report, the Board or Designee shall write a letter regarding the alleged infraction and give a 10-day notice to CURE. If practical, attempted reconciliation shall take place within 10 days of the date of receipt of the statement/report. ENFORCEMENT ASSESSMENT If the Board determines that it is necessary to impose an assessment in order to encourage compliance, the Board shall determine and assess the amount that is reasonable considering the circumstances. The Board may impose an amount stated in this Handbook for a particular infraction or another amount as the Board determines is reasonable. The Board shall notify the offending Unit Owner of the assessment by ordinary mail to the unit address or another address on file with the condominium association if the Unit Owner is not a resident. The enforcement assessment shall be paid within 30 days following the next monthly assessment due date. If the enforcement assessment is not timely paid, a late fee shall be assessed and compliance enforced by lien or foreclosure as otherwise provided. Additional assessments, progressively increasing if determined by the Board, may be imposed if compliance is not achieved within the time set by the Board. The enforcement assessment is separate and in addition to any administrative fee. HEARINGS Request For Hearing - Violator has the right to a hearing if requested within 10 days of the implementation of the enforcement assessment. Unless a hearing is requested disputing the allegations enforcement assessments will begin. Reason For and Date of Hearing - If violator requests a hearing, the Board or Designee shall notify all parties involved of the date, time and place of a hearing before the Board or its Designee, and the reasons for the hearing. a. The Board of Directors and/or Designee shall convene the hearing. b. The alleged violator shall be given the opportunity to reply to the statement/report. At such hearing all parties shall be entitled to present evidence or testimony that is relevant to the allegation. It shall be the function of the Board President or Designee to determine relevance. c. All parties shall have the absolute right to cross-examine witnesses and offer rebuttal evidence.
18 18 d. The Board may direct pertinent questions toward any of the parties concerned. e. Each concerned party shall be allowed to make a brief, pertinent, final statement before the Board makes a decision about the allegations in the report. f. The Board may limit the time allowed for speakers to 15 minutes per side. Extension of Hearing - One postponement may be granted by the Board, not to exceed 10 additional days, if adequately justified by either concerned party. DISMISSAL OF ALLEGATION Any or all of the allegations reported to the Board may be dismissed for the following reasons: 1. The allegation is not of an action that is prohibited by the Covenants, Bylaws, or the Rules and Regulations. 2. The reporting party does not appear and remain present for the entire hearing. 3. The report appears to be frivolous, malicious, or not in the best interests of the Association. SANCTIONS After a decision is made on all allegations, the Board of Directors shall determine the sanction(s) to be imposed (if any) by reason of the violation. 1. Administrative Charges a. An administrative charge of $50.00 shall be imposed on the violator for each hearing held at which it is determined that the offense was committed, regardless of the number of allegations or reports considered at said hearing, or on the reporter, if no violation is found. The Unit Owner is ultimately responsible for any administrative charge. i. The Board may suspend a charge if it determines that the charge would not be fair under the circumstances. ii. The administration charge shall be due and payable to the Association within 5 days after the mailing of the notification of the finding of the Board or Designee to the violator or the reporter. iii. The levying of any administrative charge shall not relieve any party of liability for damage that might have resulted from any violation. SUSPENSION OF VOTING PRIVILEGES a. Shall be effective immediately upon imposition and shall remain in effect for the longer of: i. The time the administration charge (including damage costs) and enforcement assessment remains unpaid and ii. The time when the violation has been cured.
19 19 b. May be imposed for all units owned by the violator or reporter, regardless of the number of units involved in the violation. c. May be enforced by the Board using any legal means available. LEGAL ACTION The imposition of any other sanction shall not limit the right of Board of Directors at any time to seek and obtain such remedies as may be available by law for such violation. NOTIFICATION OF FINDINGS Within a reasonable period of time after a hearing not to exceed 7 days, the Board shall mail a written notification to the (alleged) violator and the reporter, stating: 1. The exact findings by the Board on each allegation and 2. The exact sanction(s) imposed if any or a statement when the Board expects to render a determination.
20 20 DESCRIPTION OWNER ASSOCIATION Chimney Exterior, Siding, Flashing Chimney Vents, Dampers, within Units Doors: Garage and Entry Doors: Garage, Community surface refinishing Doors: Garage, repair to original specifications Doors: Weather Stripping, Storms, and Screens Windows, Frames, Glass, Screens, and Storms Heating and Air Conditioning System Patio Mulched Element, Personal Painting Patio Mulched Element, Development Planting Landscaping, Care of Lawns Landscaping, Care of Original Trees/ Shrubs Original Patio/ Deck Replacement Original Patio/ Deck Maintenance Patio Extensions, Replacements Patio Extensions, Maintenance Pipes, Gas, Water, Sewer, serving one unit Pipes, serving more than one unit Light Bulbs, Garage Side and Overhead Exterior Unit Light Fixtures Common Element Lighting, Entrance Walls, Exterior, Structural and Maintenance Walls, Exterior, Stucco and Trim Walls, Interior to Unit, Porch & Porch Screen Maintenance Interior Damage, Drywall, caused by roof leak, etc. Property Damage within Unit Roofs, Shingles, Flashing, Gutters, Downspouts Wiring, Electrical, serving one unit Wiring, Telephone, serving one unit Foundation Walls, Footing Drains Structural Maintenance, Stucco, Trim Road and Parking Element pavement Walks Snow Removal, Roads, Driveways
21 21 Mews at Pinnacle Club Condominium Association Complaint Form I am notifying the Board about a violation in the rules and regulations, which I have described below. I understand that in response to my claim, you will pursue enforcement of this rule. If the Association needs testimony at any point in the enforcement process, I agree to testify to the facts of my claim, as I have stated them below. I understand this information will remain confidential unless necessary to resolve the issue. Declaration/Bylaw Rule or Formal Board Rule & Regulation violated (Photos of violation welcome) Dates of violation: If known, who violated the rule of regulation? ADDRESS of VIOLATOR: Can the violation be verified? YES NO If the violation involved an act, did anyone else witness the act? YES NO Who else witnessed the violation? Signature of complainant: (printed name) Address: Home Number: ( ) - Cell Phone: ( ) - Work Number: ( ) - Date: I have received and read a copy of the Rules & Regulations and agree to abide by the same. (Please copy this form as needed for future use.) Submit This Form To: SBS Management, LLC 4631 Northwest Parkway, Hilliard, OH (614) Fax ( info@sbs-management.com
22 22 DATE SUBMITTED: NAME: ADDRESS w/ Unit Number: SATELLITE DISH INSTALLATION APPLICATION TELEPHONE: SATELLITE DISH REQUEST TO BE INSTALLED ON: PROPOSED LOCATION OF SATELLITE DISH INSTALLATION: INSTALLATION TO BEGIN ON: INSTALLATION TO END ON: ATTACH A PLOT PLAN SHOWING EACT LOCATION OF INSTALLATION THE UNIT OWNER AND THEIR DESIGNEES (CONTRACTOR) MUST COMPLY WITH THE FOLLOWING: 1. The installation guidelines and responsibilities as outlined in Handbook. 2. Grove City and other governing agencies permits, building regulations, ordinances, etc., including any final inspection requirement. The Board or Designee recommends/does not recommend this installation for approval. Board Decision: Approved Disapproved By: Date PLEASE MAKE A COPY OF THIS FORM FOR USE
23 23 APPLICATION FOR ETERIOR IMPROVEMENTS If you are interested in completing exterior improvements please be aware of the guidelines set by your Covenants and Deed Restrictions. For pre-approval and acceptance of your proposed improvements, please complete this form and submit to the management company for review. Upon verification that your proposed changes are within the guidelines of your Association, you will be notified, in writing, within 30 days of the receipt of your request at the management office. Your association account balance must be current and in good standing before an improvement will be approved. 1. Complete all information on this application, along with detailed drawings or literature showing your proposed improvements. Mail this application to: Mews at Pinnacle Club Condominium Association c/o SBS Management, LLC 4631 Northwest Parkway Hilliard, OH Approval of application is good for one year from the date it is approved by the Association. 3. A Homeowner may, in the future, be required to remove all or part of an improvement for maintenance of a common area if the improvement restricts access to make a repair to common property. The Homeowner will be responsible for any cost incurred to assess that area. 4. Submit one application per requested improvement. Please describe in detail the proposed improvement. Please provide location(s) of improvement and drawing showing proposed installation. (Use reverse side for drawing, if needed) (Please include drawings/pictures of improvements and a copy of the plat showing placement upon the Lot) Name of Association: Name of Applicant: Property Address: Home Phone: Work Phone: Date of Application: (Please Copy As Needed)
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