THE LAMPLIGHTER VILLAGE AT PINEHURST RULES AND REGULATIONS

Transcription

1 THE LAMPLIGHTER VILLAGE AT PINEHURST RULES AND REGULATIONS The Lamplighter Village at Pinehurst Association Mission Statement To provide a safe, peaceful, attractive community in which to live and to preserve, protect and enhance the values and amenities of all properties within the Lamplighter Village at Pinehurst Overview The following Rules and Regulations were enacted to provide guidance and direction in meeting the Mission Statement for the Association. The By-Laws contain a more in-depth and comprehensive communication of the declarations guiding the rights and privileges afforded the unit owners of the Association. The By-Laws provide information regarding ownership, elections, general rules and other information not found in these Rules and Regulations. 1

2 Table of Contents I. Rules and Regulations page 3 II. Responsibilities II.1 Board of Directors page 3 II.2 Management page 4 II.3 Owners page 4 II.4 Renters page 5 III. General Rules and Regulation page 5 III.1 Pet Registration page 6 III.2 Outdoor Cooking page 6 III.3 Solicitation page 6 III.4 Parking/Vehicle Operation page 7 III.5 Trash page 7 III.6 Structural & Exterior Appearance page 7 III.7 Noise page 8 III.8 Landscaping page 8 III.9 Window Coverings & Doors page 8 III.10 Outdoor Lamps page 8 III.11 Insurance page 8 III.12 Flag & Banner Displays page 9 III.13 Yard Sales page 9 III.14 Signs page 9 IV. Charge for Violations page 9 2

3 I. Rules and Regulations The Association Board of Directors has adopted the following Rules and Regulations. The Rules and Regulations are intended to enhance the safety and quality of life for all Association owners, renters and guests by defining acceptable conduct and to assure the preservation and growth of the value of the properties of the Association. In establishing and maintaining the Rules and Regulations the Board of Directors shall make every effort to ensure that they do not affect unit owners and renters rights to enjoyment of reasonable use of their property or privileges of ownership. The unit owner(s) is responsible for compliance with the Rules and Regulations. The Rules and Regulations may be modified, added to, or repealed in whole or in part by the Board of Directors when deemed necessary to meet the best interest of unit owners, residents and the Association. The Rules and Regulations do not replace the By-Laws or the Declaration of Covenants which are the primary governing documents of the Association. In case of conflict between the wording of the By-Laws or the Declarations of Covenants and the Rules and Regulations the By-Laws or the Declarations of Covenants will prevail. Local city, state, and county ordinances shall prevail in the event of conflict with the Declaration of Covenants. It is the responsibility of the owner to know these government restrictions and comply with them. Violation of these Rules and Regulations may subject the violator to any and all remedies available to the Association by fine, injunction or other legal means and the Association shall be entitled to recover in such actions all court costs incurred, together with reasonable attorney s fees against any person(s) violating the Rules and Regulations and any exhibit attached thereto. These actions will be taken in accordance with The North Carolina Condominium Act and the By-Laws and Declaration of Covenants of the Association. A- Violations should be reported to the Board of Directors of the Association or to any designee of the management company. B- Violations will be called to the attention of the violating owner(s) by the Board of Directors in writing. C- Disagreements concerning violations will be presented to and be ruled upon by the Board of Directors who will take appropriate action. D- Unit owner(s) are responsible for compliance by their guests, lessees and all others. II. Responsibilities II.1The Board of Directors Responsibilities The Board of Directors has the responsibility to fulfill their duties as outlined in the Association By- Laws. The Board of Directors approves all projects, contracts and works with the management company to insure compliance of the By-Laws, the Declaration of Covenants and the Rules and Regulations. II.2 The Management Company Responsibilities 3

4 1- The management company is responsible for the day-to-day operations of the Association at the direction of the Board of Directors. All maintenance questions and requests for assistance should be directed to the management company. 2- The management company is responsible for preparing quarterly financial statements, including income and expense statements, delinquencies and general asset analysis. 3- The management company for the Association is CAS, Inc. (telephone number II.3 Owners Responsibilities 1- Owners are responsible for maintaining, repairing and replacing at his / her expense all interior portions of their unit which shall need repair, including the following items: - Patios - Rear decks - All bathroom fixtures - All kitchen fixtures/appliances - Light fixtures - All other electrical or plumbing equipment, pipes and fittings serving an owner s unit which are located in a party wall. - Heating and air conditioning systems serving the owners unit. -The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. -Mailboxes & flags (not posts or platforms). All mailboxes must be Board approved. 2- Owners are responsible for maintaining and repairing any glass surface, including skylights. 3- If maintenance is required in the common areas or the exterior of the owners unit, the property management company should be notified accordingly. 4- Owners are responsible for their guest(s), family, and all others compliance with the Rules and Regulations. 5- Any proposed changes to the exterior of any unit, including landscaping must be submitted to the Board of Directors for approval. 6- Owners are responsible for maintaining the decks with an appearance consistent with the rest of the community. The decks cannot be utilized for storage and/or the collection of extraneous debris. 7- Owners that rent their properties are responsible for providing a copy of the Association Rules and Regulations and By-Laws to their renters and it is the owner s responsibility to insure that their renters comply with the Associations Rules and Regulations and By-Laws. 8- During the winter months, owners are responsible for keeping their heat set at a minimum of 65 degrees in order to help prevent the freezing of sprinkler pipes. 4

5 9- The HOA strongly urges owners to have their HVAC units serviced at least annually or they may be responsible for damages resulting in a lack of maintenance. II.4 Renters Responsibilities 1- Renters are responsible to the owner(s) of their unit to follow all By-Laws and Rules and Regulations. 2- If maintenance is required in the common areas or the exterior of the renters unit, the unit owner(s) should be notified accordingly. III. General Rules and Regulations 1- The renting of any unit must meet the requirements of the By-Laws. The proposed lease must be submitted to the Board of Directors for approval at least ten (10) days before the lease term commences. 2- Only owners may have pets. 3- Each renter must sign a statement prior to occupancy that they have read and will comply with the Association Rules and Regulations and By-Laws. 4- The owner will be responsible for communicating reported violations of the Rules and Regulations and By-Laws to the renter. 5- The owner will be responsible for any property damage caused by the renter and/or their guests. 6- All units shall be used for single family purposes and ancillary home offices uses. No other business, trade, or similar activity shall be conducted within a unit. 7- Units may be leased for residential purpose only. The term of the least must be at least three months. During a major tournament the unit may be rented for a week. 8- Any proposed contract for sale by an owner must be reviewed and approved by the Board of Directors as specified in the By-Laws of the Association. III.1 Pet Restriction 1- Owners are permitted to have ordinary house pets, which shall include dogs, cats, caged domesticated birds, hamsters, gerbils, guinea pigs and aquarium fish. All ordinary house pets are permitted subject to the guidelines in the Rules and Regulations. Other ordinary house pets may be approved by the Board of Directors on a case-by-case basis. 2- Unusual or exotic pets such as, but not limited to snakes, insects, anthropoids or rodents are not permitted. 5

6 3- Pets are permitted by owners only as long as they are NOT kept, bred or maintained for commercial purposes. 4- Dogs and cats must be on a leash at all times when outside the owners unit. 5- All owners are required to immediately clean up and dispose of any feces or debris left or caused by their pet in the common areas. 6- Pet owners are responsible for any property damage, injury or disturbance their pet may cause or inflict. 7- Pets are to be walked away from shrubs and buildings. 8- The number of ordinary house pets is not to exceed two (2) per unit. 9- All pets must have and display, as appropriate, evidence of all required registrations and inoculations. 10- After two violations for the same cause, which result in fines (as set forth in the Charge for Violations Section of the Rules and Regulations) in any 12 month period, the Association reserves the right to have the pet removed from the Association s property. At least 10 days notice is required to remove a pet. III.2 Outdoor Cooking The Village of Pinehurst and the State of North Carolina fire codes, prohibit all charcoal or other open flame cooking devices (including LP gas grills) from being operated on combustible surfaces or within ten feet of combustible surfaces, to include pine straw. III.3 Solicitation Solicitation within Lamplighter Village is prohibited. Placing of materials on or under unit doors is strictly prohibited unless the Board of Directors grants express written permission. The exception can be given to information pamphlets, newsletters or letters of notification sent by the Board of Directors. Violations should be reported immediately. III.4 Parking / Vehicle Operation 1- On-street parking is available for guests visiting an owner or renters for an evening or a period not to exceed one week. 2- No unapproved trucks (see truck requirements, section III.5.3), commercial vans, motorcycles, or minibikes may be parked or kept within the community. 3- Permissible trucks are restricted to private-use vehicles with an open rear cargo area; a maximum of four wheels, two axles, and a payload of no more than 4,000 pounds. The truck cannot be commercial licensed or bear signage or advertisements. 6

7 4- Recreational vehicles, trailers, boats, jet skis, and campers may only be stored for the length of time designated by the Village of Pinehurst Ordinances. 5- All vehicles must be in running condition and have a current license tag. Covered and/or inoperable vehicles must be stored inside the garage. 6- No motorized vehicles, including golf carts, may be operated on the property by anyone under the age of 16. Anyone operating a vehicle on the Lamplighter Village property must have a valid driver s license. 7- All motorized vehicles and wheeled must be operated on paved surfaces only. III.5 Trash Trash should be placed in a container and the container placed at the end of the individual unit driveway on the day(s) designated for trash removal in the Lamplighter Village community. Once the trash is picked up the container should be moved back inside your garage. Household trash, yard debris and recyclable items are picked up by the Village of Pinehurst. The schedule for pick up is subject to change; therefore, contact the Village of Pinehurst for the current pick up schedule. Any ordinances or regulations instituted by the Village of Pinehurst which may deviate from this requirement will prevail. III.6 Structural & Exterior Appearance 1- No drying or airing of laundry, clothing or bedding shall be permitted outside a unit, including decks. This is a Village of Pinehurst ordinance. 2- No carpeting of any type permitted on decks. 3- Hot tubs are not permitted on decks. 4- Satellite dishes may not be attached to the building structure in any way. Dishes may be mounted on tripods or may be placed in the ground so long as it cannot be seen from the road. III.7 Noise 5- No noise annoyance of any kind, including but not limited to loud radio, stereo, television or loud parties is permitted after 10:00PM or before 7:00AM. Any resident may call the police to report violators. 6- No owner, renter or guest shall make or permit any noise that will disturb or annoy the occupant of any other residence, or permit anything to be done which will interfere with the rights, comfort or convenience of other residents. III.8 Landscaping 7

8 Landscaping for all common areas is the responsibility of the Association. Plants, shrubs or trees that are utilized or landscaping that come in contact with the exterior of the unit and / or the roof should be avoided. III.9 Window Covers & Doors Any curtains, draperies or blinds that are installed must have a white (or similar) backing on the side exposed to the window. No window screens are to be placed on the outside of the window. Screen doors / storm doors of a design / designs approved by the Association are permitted on the exterior door(s) openings. III.10 Outdoor Lamps The individual lamppost in the front yard of each unit is the responsibility of the Association. The sensor on each lamp will illuminate the light at dusk and extinguish it in the morning. The repair or replacement of the fixture, including sensors and light bulbs are the responsibility or the Association. III.11 Insurance 1- The Association will obtain and maintain at all times the following types of insurance to protect the owners. - Property Insurance: provides blanket protection on all dwelling units within the Association. - Liability Insurance: provides protection should any member of the public suffer either bodily injury, property damage or personal injury (e.g. false arrest, defamation of character, false advertising, etc.) - Fidelity Insurance: protects the Association against dishonest acts on the part of any Association member who handles funds. - Directors and Officers Insurance: protects the Board Members and Management. 2- Each individual owner(s) is encouraged to obtain and maintain at all times the following types of insurance (those types that cover personal liability and personal property). These coverages are contained in a North Carolina Condominium Owners Policy (HO-6). - Extended coverage for Personal Property - Comprehensive Personal Liability insurance for damage to person(s) or property of others occurring on Owner s Lot, in an amount as determined by each Owner. - Any other insurance coverage as they may desire III.12 Flag / Banner Displays American Flags, State Flags, University Flags and seasonal flags may be displayed by owners only while they are in residence. The display of all other flags is not permitted. If the owner s unit is to be unoccupied for more than 48 hours, a displayed flag must be removed and stored away. III.13 Yard Sales 8

9 III.14 Signs Yard sales, tag sales, estate sales, flea markets, or similar activities are prohibited. Except as may be required by legal procedures, no signs of any kind are permitted on the common area or in front of any unit, no political signs, advertising posters or billboards of any kind shall be erected, placed or permitted on the property. Signs must be placed not further than six feet from the front porch and parallel to the road. Village of Pinehurst guidelines must be adhered to. IV. Charge for Violations The Association shall have the power, acting through its Board of Directors, to assess penalties against any unit owner for any violation of the By-Laws or the Rules and Regulations promulgated thereto for which such unit owner or his/her family members, renters, guests or other invitees are responsible. The Association may not impose any penalty or infringe any rights of a Unit Owner for violations of the Rules and Regulations or By-Laws until the following procedures have been complied with. Any and all penalties accessed will be in compliance with the Declaration of Covenants, the By-Laws, the Rules and Regulations and the North Carolina Condominium Act. 1. An alleged violation of the Rules and Regulations or By-Laws must be submitted to the Board of Directors in written complaint form. If the complaint is determined to be valid the Board will notify the alleged violator in writing to cease and desist the violation. The notification will include: 1) the nature of the alleged violation; 2) the action required to correct the violation; and 3) notification of a grace period (length of grace period will be specific to the violation) within which the violation may be corrected without penalty. Should the violation continue beyond the grace period, a monetary fine will be imposed effective as of the end of the grace period. 2. The violator will be given a hearing within thirty (30) days of the imposition of the fine. Notification will be sent in writing to the violator; a hearing will be scheduled at the earliest possible date. The hearing will be held in executive session, with the Board of Directors, and will afford the violator reasonable opportunity to be heard. Based upon the case presented by the violator the Board of Directors will decide whether or not any fines and/or penalties shall be waived. 3. If a violation is repeated within twelve (12) months of the first notice a fine will be imposed without a grace period. Fines will be imposed for violations in accordance with the following schedule: - First violation following the grace period - $ Repeated violations - $ A per diem assessment of $10.00 will be levied for each day beyond the due date of the assessed penalty. If this penalty remains unpaid, a lien may be placed against the unit in question, to satisfy the assessment. 9

10 If any Unit Owner fails to comply with the Rules and Regulations and / or By-Laws, or with any decision rendered under the Rules and Regulations and / or By-Laws, the Unit Owner may be sued for damages or injunctive relief, or both, by the Association. Revised 9/15/