Nautica Soundview Condominium Association House Rules (v )
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1 Nautica Soundview Condominium Association House Rules (v ) 1. Introduction 1.1 The following rules are officially cited as "Nautica Soundview Condominium House Rules (v )," herein referred to as House Rules. 1.2 The effective date and version number shall be set by the date these House Rules are amended and approved by a majority vote of the Board of Directors. 1.3 These House Rules supersede any and all previously published House Rules, but shall not supersede any Rules or regulations stated in the Declaration of the Nautica Soundview Condominiums Owners Association. 1.4 These House Rules implicitly include all posted rules at Common Areas. 1.5 These House Rules shall be construed in accordance with and governed by the laws of the State of Washington. 1.6 The Board of Directors reserves the right to amend these House Rules and to add or remove other rules from time to time as may be deemed necessary for the safety, care, and cleanliness of the premises; and for securing the safety, comfort, and convenience of the occupants thereof. 1.7 The Board of Directors, the Property Management Company, or any Owner, shall have the right to enforce, by any proceeding law or in equity, all rules, regulations, restrictions, conditions, covenants, liens and charges now or hereafter imposed by these House Rules. 2. Homeowner/Resident 2.1 Dues/Member Assessments Homeowner Association dues are due on the 1 st of each month and are late on the 10 th of the month A fine of $25 will be imposed for each billing period payment is late. 2.2 Guests All visitors must abide by the House Rules. 2.3 Noise Levels Quiet Hours are: a. Sunday through Thursday, 10:00 pm to 7:00 am b. Friday and Saturday, 12:00 midnight to 8:00 am 2.4 Maintenance Each Owner is responsible to report maintenance problems with their own unit to the Property Management Company and the surrounding units when others private property or the Limited Common Areas or Common Areas may have been adversely affected; any damage done to these areas is the responsibility of the Owner of the originating unit, whether the damage resulted from action or inaction on the part of the Owner. 2.5 Security Residents should leave a key to their unit with an emergency contact, and provide the contact s phone number to the Property Management Company. 3. Rental/Leasing of Units 3.1 Timesharing of Units, as defined in RCW 64.36, is prohibited. 3.2 Any lease or rental of a Unit a. Shall be in writing. b. Shall have a minimum term of six months. c. Provide that its terms be subject in all respects to the provisions of the House Rules and Declaration. d. Provide that failure by the tenant to comply with the terms of the House Rules and Declaration shall be a default
2 under the lease or rental agreement. e. Shall include the "Crime Free Rental Addendum," available from the Everett Police Department web site, or from the Association through the Property Management Company. f. Month to month leasing is not allowed. New/renewed leases must be submitted to the Property Management Company within 48 hours of commencing. 3.3 Tenants are subject to a move in fee of $250.00, payable either through the Owner when delivering copies of the new lease/rental agreement to the Property Management Company, or directly from the tenant within 48 hours of when the tenancy commences. 3.4 Home owner policies do not cover all incidents from tenants and these must therefore be covered by a separate insurance policy. 3.5 If any lease under this section does not contain the foregoing provisions, such provisions shall nevertheless be deemed to be part of the lease and binding upon the Owner and the tenant by reason of their being stated in the Declaration and these House Rules. 3.6 These provisions apply to leases of the Residential and Commercial Units as well as Live/ Work Units. 3.7 The Owner or Designate shall provide a current copy of the House Rules to the Tenant, and a form shall be signed and dated by the Tenant acknowledging understanding of the House Rules. 3.8 Copies of all leases and rental agreements, proof of tenant insurance, and Acknowledgement of House Rules shall be delivered to the Association through the Property Management Company before tenancy commences. 3.9 The Board may require the eviction of a Tenant who repeatedly violates these documents, at the expense of the Owner Failure to comply with any of the above leasing rules may result in a $500 fine, per violation, to the unit Owner Rental of a unit does not constitute a waiver or relinquishment of the Owner's responsibility as specified in the Governing Documents The Owner shall be held responsible for any damage to Common Areas, Limited Common Areas, and property of other Owners caused by the tenant The Owner shall be held responsible for any fines imposed due to violation by the tenant of the House Rules. 4. Business/Commercial Use 4.1 Residential Units The Residential Units (not including the Live/Work Units which are subject to the use restrictions set forth in the Declaration, Section ) are intended for and restricted to use as single-family residences only, on an ownership, rental, or lease basis, and for social, recreational, or other reasonable activities normally incident to such use, including use as a home office not involving use by nonresident employees or visits by customers, clients or the public 4.2 Live/Work Units The Live/Work Units are intended for and restricted to use as live-work space. The commercial use prohibitions set forth in Section of the Declaration shall apply to the Live/Work Units, as well as the applicable City of Everett zoning code Furthermore, those Units are restricted to (a) use as single-family residences on an ownership, rental, or lease basis, and for social, recreational, or other reasonable activities normally incident to such use and (b) administrative and office uses. 4.3 Commercial Units The Commercial Units are subject to use prohibitions set forth in Section of the Declaration. Additionally, the City of Everett imposes certain zoning restrictions on the use of the Commercial Units No business or service in a Commercial Unit shall be open or available to the public between the hours of 10:00 p.m. and 6:00 a.m.
3 5. Common Areas Declaration, Section 1.1 Words Defined Common Elements means portion of the Condominium other than the Units. The term includes the Limited Common Elements Limited Common Element means a portion of the Common Elements allocated in this Declaration, or by operation of law, for the exclusive use of one or more but fewer than all of the Units. 5.1 General SMOKING PROHIBITED a. Nautica Soundview Condominiums is a non-smoking property, and as such, smoking is prohibited within ALL Common Elements. This includes, as defined, the Limited Common Elements. b. Seepage of smoke through doorways, windows, and vents from a Unit shall be controlled at all times and not cause for the discomfort of neighboring Units. See Declaration 10.7 Intrusive Activity c. Containers are provided solely for the safe extinguishing and cleanly disposing of cigarette butts, and DO NOT CONSTITUTE ANY APPROVED SMOKING AREA. d. All residents, guests, contractors, and all other authorized users shall comply with the provisions of RCW Smoking In Public Places, when approaching the premises via public sidewalk The Home Owner is ultimately responsible for any damage to the Common Elements and/or Limited Common Element caused by any tenant, guest, animal, contractor, or any other authorized user All residents, guests, contractors, and any other authorized users, are responsible for maintaining the integrity of the Common Elements. This includes, but not limited to, the upkeep and cleanliness of Common Elements, and the prevention of damage and abuse to the Common Elements Any homeowner, resident or visitor found to be causing damage to Common Areas, Limited Common Areas, or other units will be responsible for all costs and repairs associated with the damages Residents that observe maintenance problems with the Common Elements and/or Common Elements, shall promptly report the concern to the Property Management Company so an investigation can commence to determine any necessary repairs Common Elements may not be altered by residents without written permission from the Board. This includes, but not limited to; hallway walls, fencing, lighting, courtyards, siding and flooring. (Refer to Declarations) Real Estate Lock Box Procedure - When an owner is interested in their Real Estate Broker attaching a lock box to the premises the current process is allowed as follows: a. Lock boxes are to be allowed on the individual unit's door (not a common element). b. If necessary to temporarily modify the handle while the listing is in effect, then it needs to be changed back when the use of the lock box has finished. c. Access to the building will be allowed by way of the callboxes on either the A or B building. d. Programming of the Real Estate Broker's number (or requested number) will be allowed and programmed by the current volunteer. e. Intent to place a lockbox must be reported to the current management company representative. They will assist with any questions to the best of their ability. f. The lockboxes must be clearly marked with the unit number, contact name, phone number and address (if available). 5.2 Courtyards, Plants, Flower Beds Any modifications to plants, trees, planters, fencing and any part therein, shall require prior approval of the Board Any damage by tenant or tenant s pet, must be fixed and reported to the Property Management Company No littering of items (including cigarette butts) or feces. 5.3 Lobbies Residents may not allow entrance to the building to non-residents or unknown persons Disposal of household trash and/or pet feces in lobby trash containers is prohibited The process of moving in and moving out shall be performed within the P2 garage through the middle garage
4 doors to protect the integrity of the lobby entrances. 5.4 Elevators, Stairwells, Hallways Residents must take care to not damage these areas Residents must report all damage of concern No littering No smoking 5.5 Garage The speed limit in all parking garage areas is 10 MPH whether posted or not Parking within the Condominium is prohibited except in designated parking spaces. (Declaration) All Units are allocated specific parking spaces; vehicles shall not be parked in a space designated to another Unit without the written permission by the Owner of the Unit to which that space is allocated Trading or leasing of spaces. SEE Declaration Motor vehicles must be parked in a manner as not to obstruct any normal use of other parking spaces or common areas; a parked vehicle blocking another vehicle from entry or exit is subject to immediate towing Parking spaces may only be used for the parking of operable passenger cars and motorcycles by Owners or Authorized Users of the Condominium Recreational vehicles, boats, trailers, campers, or oversize trucks are prohibited Commercial vehicles that serve primary transportation of a resident may be parked in that resident s assigned space provided they comply with all other parking guidelines Commercial vehicles may be parked during the day when engaged in commercial endeavors specific to Nautica Soundview Association or residents provided they comply with all other parking guidelines Visitors are prohibited from parking within the Condominium, except under following guidelines: a. When it is for day use only (carpooling, commercial use as in above) b. Guest is parked in the allocated space of the resident being visited only, and none other All vehicles parked on Nautica Soundview Association premises must be currently licensed and operational No inoperative vehicle may remain in any parking space or other Common Element for more than 72 hours. This includes: a. Unlicensed vehicles b. Improperly licensed vehicles c. Expired tabs d. Physical features that would imply inoperability; such as a flat tire Washing of vehicles is prohibited in the parking garages Parking spaces must be kept free of oil and grease, using a drip pan if required Parking spaces are not to be used for storage and will be subject to fine and/or removal of stored items Towing a. The board reserves the right to tow any unauthorized vehicle from common areas. b. Any vehicles parked on Nautica Soundview Association property not in compliance with these parking provisions may be towed without warning at owner's expense and may incur fines to the owner and/or tenant responsible for the vehicle. c. Homeowners have the right to tow any unauthorized vehicles from their own parking space; any dispute arising from a vehicle having been towed from a reserved spot shall be resolved between the owner of the vehicle and the owner of the reserved spot. 5.6 Garbage and Recycling Recyclable items must be removed from plastic bags or other containers and be properly separated and placed into the appropriately marked bins Cardboard boxes must be broken down and flattened before placing in the recycle bin All trash must be placed inside the dumpsters Large items, including but not limited to; Christmas trees, furniture, appliances, construction debris, etc. may not be disposed of in garbage bins or on association property Disposing of Hazardous Materials is prohibited No swap meet style abandonment of furniture, books, lamps, vacuum cleaners, electronics, TVs, fitness equipment or the like. The fine schedule will be followed for these abandonments.
5 5.7 Decks/Fencing/Balconies/Patios: The use of all gas and charcoal Barbecues is prohibited Activity on exterior decks must be disturbance free to neighbors See Declaration 10.7 Intrusive Activity Residents shall not cause for any items or other foreign objects to be blown, swept, tossed, thrown, or launched in any other manner, from one deck to another, or to a public sidewalk or roadway, or to a neighboring building Residents are responsible for the upkeep of their decks a. Decks and railings should be kept clean at all times. b. No trash is to be stored on decks/patios c. Repair of decks must be coordinated with the board and repair plan must be approved by a third party. All costs of this activity will be covered by the unit owner No owner or renter may use his or her deck or patio as an additional storage area to include storage containers Temporary decorations with holiday themes are allowed, and must be removed within 15 days following the holiday Planters with drip trays, outdoor furniture, and bikes may be placed without permission from the Board No fastening of items to building/fencing for hanging or storage (No stickers, staples, screws or bolts into the ceiling, wall or railings). See board for approval of questionable items. 5.8 Storage Units The storage areas may only be used to store ordinary household items of the Owner or occupants of the Unit Per the Declaration, Section 10.11, hazardous substances may not be stored in storage units Storage of any household chemical or liquid that may spill, leak, or seep, or that may create any noxious odor, fume, or gas, by mixture or not, are prohibited from being placed within storage units, whether classified as hazardous or not Storage of ordinary household items is limited to the area of the storage area allocated to each Unit, and any items outside these areas may be removed without cause or notice Leasing of storage units. SEE Declaration Rooftop Deck/Patio Residents shall not cause for any items or other foreign objects to be blown, swept, tossed, thrown or launched in any other manner, from the rooftop to another deck, public sidewalk, roadway, uncovered roofing or to any neighboring building Fitness Center Proper attire is to be worn at all times including shorts/pants, shoes and shirt Minors (under 18) are prohibited from the fitness center unless supervised by an adult Weight machines and cardio equipment are not to be moved All weights, mats and accessories are to be returned to the position found, and at no time may be removed from the fitness center The user must sanitize all equipment after each use All lights, heaters, fan, and television must be shut off after each use All doors, windows, and sliding door must be securely shut and locked after each use Broken and or defective equipment shall be reported to the management company immediately; and properly marked do not use, whether observer is at fault or not, to prevent any injury to any neighbor.
6 6. Animals Declaration, Section 10.6 Pets Domesticated animals, birds or small reptiles (herein referred to as pets ), may be kept in the Units, subject to rules and regulations adopted by the Board. Pets will not be allowed on the Common Elements unless they are on a leash and are being walked to or from the Unit to a public road. Each owner shall pick up any waste matter left by a pet. The Board may at any time require the removal of any pet, which it finds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. The Board may adopt additional rules and regulations governing the keeping of pets, and the size, number, nature, conduct and impact of pets. 6.1 Pets Per Section 10.6 of the Declaration, pets are prohibited on the Common Elements unless on a leash. a. Each owner shall promptly pick up any waste matter left by a pet. b. Digging in flowerbeds and planters by pets is not allowed, and the owner shall immediately fill any holes and fix any damage that may occur as a result of their pet s actions There shall be a 25 lbs. weight limit on all pets. a. Licensed pets living on premises prior to 11/01/2011 shall be grandfathered, but the Board reserves right of removal as per Section 10.6 of the Declaration. b. Dog Guides per RCW are exempt. c. Service Animals per RCW are exempt Breeding of pets is prohibited Cats and dogs shall be licensed with the City of Everett and/or Snohomish County. a. Unlicensed pets found wandering shall be deemed stray Sheltering of stray pets is prohibited Pet sitting as a business is prohibited. 6.2 Wild Animals Feeding of wild animals is prohibited. This includes but is not limited to: a. Sea Gulls, Pigeons, and other birds b. Squirrels c. Feral Cats d. Any other animal that may or may not be protected that would otherwise be deemed a nuisance, or destructive to the premises. 7. Fees and Fines 7.1 Fees A move in fee of $ shall be imposed each time a new homeowner or tenant moves into the building. 7.2 Fines Fines per specific violation will be levied per the following table*. Fines are levied for violations of any of the governing documents and will be compounded. Any fines not paid shall be delinquent and subject to late charges, interest charges and collection procedures. If not paid in full, a lien may be placed on the property. a. First notice of violation - Warning letter issued (this may be a fine if cost or possible cost is incurred by the association). b. Second notice of violation - $25.00 fine (plus any additional association costs). c. Third notice of violation - $50.00 fine (plus any additional association costs). d. Fourth notice of violation - $ fine (plus any additional association costs). e. Fifth notice of violation - $ fine (plus any additional association costs). f. Sixth and any continuing notice of violations - $ fine (plus any additional association costs). *In the case of a parking violation, the vehicle will be towed at the owner s expense. Any additional violations will result in immediate tow.
7 8. Dispute Resolution 8.1 Disputes Any dispute to a warning letter or fine for a violation or alleged violation of these house rules should be made immediately upon receipt of the initial notification. An Owner who receives a warning letter for an alleged violation for which said owner is not responsible should not wait for an additional warning letter or fine before contacting the Property Management Company to begin the dispute resolution process. If the event of a dispute regarding a violation arises, the Board will make the final judgment after reviewing the testimonies of the reporting owners (including the disputing owner). 9. Emergencies 9.1 Emergency Contacts For life threatening emergencies or to report criminal activity, dial To report maintenance emergencies, call the Property Management Company s 24 hour hotline at (206)
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