COTTAGES ON HILL CONDOMINIUMS IN PICKERINGTON, OHIO HANDBOOK OF RULES AND REGULATIONS. Rules&Regs Revision June 30, 2011 Page 1
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1 COTTAGES ON HILL CONDOMINIUMS IN PICKERINGTON, OHIO HANDBOOK OF RULES AND REGULATIONS Rules&Regs Revision June 30, 2011 Page 1
2 REFERENCE GUIDE This handbook and reference guide were prepared by the Board of Directors of The Condominium at Cottages on Hill 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 the Association's Property Manager. While every effort has been made to assure accuracy, errors do occur. Please feel free to suggest corrections, changes and/or additions. Rules&Regs Revision June 30, 2011 Page 2
3 MESSAGE FROM THE BOARD OF DIRECTORS Dear Homeowners and Residents: On behalf of the management and all the residents of the Cottages on Hill Condominiums Association, we would like to take this opportunity to welcome you to the Cottages on Hill Condominiums Association. Cottages on Hill Condominiums is a beautiful community in Pickerington. Each resident is important to the uniformity of our community. We are very proud of our community and all of its residents. At the Cottages on Hill Condominiums 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 welcomed. Welcome! Cottages on Hill Condominiums Association Board of Directors Rules&Regs Revision June 30, 2011 Page 3
4 TABLE OF CONTENTS Reference Guide, Revisions... 2 Message from Board of Directors... 3 Table of Contents... 4 Table of Contests... 5 The Board and the Association... 6 Board of Directors... 6 The Board... 6 Election... 6 Board Meetings... 6 Association Meetings... 6 Committees... 7 Condominium Declaration & Bylaws... 7 Purpose of Rules and Regulations and Their Modification 7 Noncompliance... 8 Property Management Company... 8 Assigned Property Manager and Assistant... 8 Important Telephone Numbers... 8 Interior Maintenance, Emergency Responsibility... 9 Financial Matters... 9 Association Dues... 9 Returned Checks... 9 Delinquency Policy on Fees and Assessments Insurance Association Insurance Policy Homeowner's Insurance Coverage Insurance Disclaimer Utilities Homeowner Responsibility Association Responsibility Refuse Collection Common and Limited Common Element Definition of Common Element 12 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 Satellite Dish Damage Issues Satellite Dish Maintenance Issues Flowers, Flowerpots, Planting Baskets, Bushes, Trees, etc.. 15 Statues, Statuettes, Bird Feeders, Baths, Ornaments, Decorative Art 15 Flags Wind chimes Signs Exterior Surface of Buildings, Window Coverings.. 17 Landscape Lights Front Door Decorations Rules&Regs Revision June 30, 2011 Page 4
5 Garage Doors Front Porch Furniture Grilling on Patios and Porches 18 Winter Considerations Holiday and Seasonal Decorations 18 Garage Sales Moving Responsibilities. 19 Parking - Vehicles Parking Vehicles Pets Indemnification Amendment A Leasing of Units Amendment B Sexual Predator Amendment C Channels of Communication Unit Uses Enforcement of Rules Enforcement of Rules Maintenance Problems & Pests - Who's Responsible?.. 27 Application for Satellite Dish Installation.. 28 Application for Exterior Modification 29 Rules&Regs Revision June 30, 2011 Page 5
6 THE BOARD AND THE ASSOCIATION BOARD OF DIRECTORS The current Board of Directors: Lorel Hottle, Patsy Danec & Malcolm Ritchie 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 is delegated by Ohio Law and the Association Bylaws, with the responsibility 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. ELECTION The Board is comprised of three (3) persons elected by the Unit Owners. They have staggered term lengths of 1, 2, and 3 years. Each year one trustee will be elected at the annual meeting of the Association to serve a three-year term. Until the community is 75% complete (39 units closed), a representative from the developer holds one board seat. BOARD MEETINGS The Board meets as necessary, typically quarterly, to review the Association's finances and operations. The date of the next Board meeting will be within the minutes of the previous Board meeting that will be distributed to every owner. Any owner may be placed on the agenda for the next Board meeting by contacting either the management company representative or a Board member at least two (2) weeks prior to the Board meeting and providing the topic to be discussed. ASSOCIATION MEETINGS At least one annual meeting of the Association membership will be called, in the second calendar quarter of each year, with a minimum of five (5) days advance notice. Special meetings of the Association may be called as warranted. Rules&Regs Revision June 30, 2011 Page 6
7 COMMITTEES Committees will be formed by the Board to assist in the management of community activities and affairs. Volunteer Unit Owners will staff committees, with one committee member being designated as Committee Chairperson. All Unit Owners are encouraged to be actively involved in their community and volunteer for committee appointment. Examples of committees include: Community Newsletter, Social committee, etc. 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 & THEIR MODIFICATION The purpose of the rules and regulations of the Cottages on Hill Condominiums 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 recognizes 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 these 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. Rules&Regs Revision June 30, 2011 Page 7
8 NON-COMPLIANCE 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 with the management company. Once that complaint is received, the Board and/or management company will review the complaint, and if warranted (in the Boards discretion), will send a violation letter. The management company 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. PROPERTY MANAGEMENT COMPANY The property management company will distribute the Bylaws, Declaration, Handbook of Rules & Regulations, Directories and Site Maps through the transfer fee procedure to new residents. PROPERTY MANAGEMENT COMPANY The property management company retained by the Board is: Clayman Property Services 6724 Perimeter Loop Road PMB 319 Dublin, OH Phone: Fax: claymanproperty@yahoo.com ASSIGNED PROPERTY MANAGER June Clayman IMPORTANT TELEPHONE NUMBERS Emergency Police Department 911 Emergency Fire Department 911 Pickerington Police Department Pickerington Fire Department Pickerington Water Department Columbia Gas Rules&Regs Revision June 30, 2011 Page 8
9 INTERIOR MAINTENANCE, EMERGENCY RESPONSIBILITY All interior maintenance, including that which is emergent in nature, is the responsibility of the Unit Owner. This includes any damage due to exterior water problems. The Association is only responsible for structural damages. FINANCIAL MATTERS ASSOCIATION DUES Association Dues are payable to Cottages on Hill Condominium Association on the first of each month. Please note that automatic electronic transfer of monthly dues can be arranged through the property management company. A late charge of $25 will be added to any account delinquent/postmarked after the 15th day 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. All bank service charges are charged to the Unit Owner. DELINQUENCY POLICY ON FEES AND ASSESSMENTS Upon the sixteenth (16th) day of the month, the property management company sends a delinquency notice to the Unit Owner and the Unit Owner's account is assessed a $25 late charge. Per the Declarations, a lien may be filed when an account becomes thirty (30) days delinquent. Unless otherwise determined by the Board, a lien will automatically be filed when an account becomes sixty (60) 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 anytime 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 Rules&Regs Revision June 30, 2011 Page 9
10 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. The Unit Owner's Association voting privileges will be suspended until such time as the account becomes current. The property management company 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 Cottages on Hill Condominiums Association Declaration and Bylaws. HOMEOWNER'S INSURANCE COVERAGE Unit Owners should obtain individual homeowner's insurance. to your Declaration and By Laws for Homeowners coverage. Please refer 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. Rules&Regs Revision June 30, 2011 Page 10
11 UTILITIES HOMEOWNER RESPONSIBILITY Residents are responsible for maintenance and payment of their own gas, electric, water, sewer, cable television, telephone, and for calling to initiate service on the date of possession. Please note that the electric utilization associated with garage side and overhead garage lighting is on the individual Unit Owner's meter. ASSOCIATION RESPONSIBILITY The Condominium Association pays for the electric for the Common Element and the irrigation and trash disposal. PERSONAL HOSE REELS / HOSES Personal hose reels and hoses must be stored in the garage or rolled up nicely out of view when not in use. No hose mounts or hoses are allowed to be stored in flowerbeds. REFUSE COLLECTION The Association through a waste service (determined by the Association) will provide trash receptacles in order to keep our community clean. Refuse in receptacles may be placed at the street no earlier than 6:00 p.m. the evening before collection. The Association will determine collection day and collection can begin as early as 7:30 a.m. During the holiday weeks of Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Years, the trash will be picked up on the next business day. Refuse containers shall be stored inside the garage. All refuse, garbage, trash regardless of its container will be stored inside garage until refuse/trash pickup day. No other places for storage are permitted!! Rules & Regs Revision June 30, 2011 Page 11
12 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 area and driveway area) 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 carriages, wagons, toys, vehicles, benches, chairs on any part of the common element except that patio/porch elements, (limited common element) and 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 10:00 PM Sunday through Thursday, and 12:00 am 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 by the Unit Owner, residents of a unit, or guest of any Unit Owner or resident. Rules&Regs Revision June 30, 2011 Page 12
13 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. No laundry (swimsuits, towels, rugs, etc.) will be hung over any patio or porch fence. 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 Management Company. The Management Company will then present to the Board the proposed modification or alteration. The Board will then vote on the proposal. SATELLITE DISH POLICY When a Unit Owner needs to install a Satellite Dish, that Unit Owner should make an application to the Management Company for such an installation. Please refer to an example of that application elsewhere in this handbook. A completed application does not in any way infer approval. The approval by the Board does not in anyway alter or limit the requirement of the Unit Owner to adhere to all City of Pickerington 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. The dish installation shall be of quality construction and shall conform to all applicable building codes and manufacture's specifications. Rules&Regs Revision June 30, 2011 Page 13
14 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, other than the dish installation itself, to the exterior of 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. 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 mailbox posts, 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 Rules&Regs Revision June 30, 2011 Page 14
15 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. Flowerpots are prohibited on unit walkways. Standing flowerpots of natural materials or giving the appearance of natural materials are permitted on porches and patios. Standing flowerpots, flower boxes, planters, trellises, etc. are prohibited on the grass elements of the common property. 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 siding 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 the front (side) porch and on the rear 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. Rules&Regs Revision June 30, 2011 Page 15
16 DECORATIVE ITEMS (Statues, Bird Feeders, Birdbaths, Etc.) Statues, statuettes, bird feeders, birdbaths, and decorative art are permitted only in back limited common elements or any rear landscaping submitted to the Management Company 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. School and team flags of an appropriate size (1.5ft x 3ft) may be flown on game day only. Installation of flag holders are permitted only on the wood portion of the porch element and are not permitted to be installed to any siding 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. WIND CHIMES Wind chimes are permitted in the rear limited common element with consent of the resident's immediate neighbors. In the event any residents makes a written compliant about the wind chime, owner agrees to remove chime within 48 hours of a notice from the Association. SIGNS One professionally prepared, unlit 'FOR SALE' sign (no larger than nine square feet in size) may be placed inside the window of a unit. 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. No other signs, including real estate signs, political signs, team signs, are permitted. Rules&Regs Revision June 30, 2011 Page 16
17 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 white or off white, backed 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 Landscape lights are only to be installed in the rear patio element of each unit with Board approval. They must be no greater than 24" high and must be of a sufficiently low intensity so that the adjacent neighbors are not disturbed. The unit owner assumes all responsibility for the landscape light installation and maintenance. Should the lights be damaged in the normal course of property management, such as through lawn mowing etc., the unit owner is responsible for the repair/replacement of the damaged lights. FRONT DOOR DECORATIONS One non-holiday related front door decoration, such as a wreath or door hanging, is permitted. GARAGE DOORS The garage doors at the Cottages on Hill Condominiums 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, your 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. It is recommended that garage doors be closed when the garage or driveway is unattended. Rules&Regs Revision June 30, 2011 Page 17
18 FRONT PORCH FURNITURE Front porch furniture should be limited to wood, wicker, wrought iron, or similar appearing materials. GRILLING Grills placed too close to the building may cause damage to the siding. The cost of the repair for damaged siding is the Unit Owner's responsibility. Grilling should be done in the limited driveway area in front of owner s garage area away from siding. Per the fire department it is a code violation to have the grill in operation less than 10 ft from the garage or structure. WINTER CONSIDERATIONS The use of salt on the concrete porches, walks and patios is prohibited. Calcium Chloride or other non-destructive de-icing agents should be used. 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. Nothing shall be attached to any co common element. Any damage created by the installation of these holiday decorations is the responsibility of the Unit Owner. Holiday decorations and/or lights are not allowed on the common property, such as the front lawn element and trees, without written board approval. The board will make adequate time provisions for evaluating holiday displays submitted for approval. Holiday Decorations may be displayed 30 days prior to said holiday and must be removed within 30 days after said holiday. Rules&Regs Revision June 30, 2011 Page 18
19 GARAGE SALES Garage sales and tag sales are specifically prohibited except where endorsed and approved by the Board as a community event. MOVING RESPONSIBILITIES If you are moving, it is very important to notify the property management company as to who the new Unit Owner of record is and the closing date. It is the current owner s responsibility to make certain that all condominium dues, etc. are current. Please make certain that on the day of moving, your moving trucks etc. will not interfere with the normal flow of traffic, and will permit other trucks, refuse collection vehicles etc. to pass. Try to arrange for your moving date so that it does not conflict with scheduled events such as refuse collection. PARKING -VEHICLES All parking by residents or guest of residents shall be in the following order: - Inside of the garage. If there is no available space within the garage then: Within the limited common element in front of the garage door. Guests may use any of the guest spots thru out the complex. 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. Boats, trailers, motor homes, recreational vehicles, trucks (larger than 11/4 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. Rules&Regs Revision June 30, 2011 Page 19
20 Major vehicular repairs are prohibited on common, or limited common property. Inoperable vehicles (flat tires, dead battery, expired tags, 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 - those vehicles with commercial plates and/or signage and/or external commercial equipment, (ladder,lawn equipment, tools, etc. are not permitted 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 exceptions for the length of time necessary to accomplish the service or repair work. The speed limit within the community is 10 M.P.H. Excessive speed and reckless operation is prohibited. Violation of any of the parking and vehicle operating rules can result in towing, without notice, at the vehicle owner's expense. Rules&Regs Revision June 30, 2011 Page 20
21 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 run uncontrolled and off a leash as that animal, even if very docile, can represent an annoyance to, or perceived threat by a fellow community resident. The following clarifies the rules governing pets in the community: - Animals other than those classified as Household Domestic Pets (e.g. dogs and cats) are prohibited. The maximum number household domestic pets is two per unit (e.g. two dogs, or two cats, or one dog and one cat). No exotic pets allowed. Guest pets are only allowed on the premises for a maximum of 7 consecutive days. If additional time is needed owner must seek Board approval. - All pets must be on a leash when in the common or limited common element. - Animal houses or pens are not permitted on patios, porches, limited common, or common elements. - Pets shall not be tethered outside on the lawn, patio, porch, limited common, or common elements. - Animal wastes must be cleaned up immediately. Owners failing to clean up after their pets will be assessed the costs 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. The cost of repairing any damage done to Association property by an animal, such as to siding etc., 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. Rules&Regs Revision June 30, 2011 Page 21
22 AMENDMENTS TO THE DECLARATION filed 2/10/2011 AMENDMENT A INDEMNIFICATION Indemnification of the Board Members. All past present and future Board Members are now indemnified and can not be held personally liable for any decision made in good faith on behalf of the Association. AMENDMENT B LEASING OF UNITS Cottages on Hill is an owner occupied community. Leasing/Renting is not permitted. However there are exceptions in hardship cases. To meet a special situation and to avoid an undue hardship or practical difficulty, each unit owner(s) has the right to lease his/her Unit, provided the Unit owner(s) gives prior written notice to the Board, to a specified lessee for a ONE TIME period not less than six (6) consecutive months nor more than twenty-four (24) consecutive months which may in no event be extended beyond the one time twenty-four month period. Once used, owners past and present no longer have renting privileges for that Unit. This restriction does not apply to: (a) Units that are occupied by the parent(s) or child(ren) of the unit owner(s). All exempted leases must be in writing. The lessee must abide by the terms of the Declaration, Bylaws and Rules and Regulations. Rules&Regs Revision June 30, 2011 Page 22
23 AMENDMENT C SEUAL PREDATORS County Sheriff notified - Tier II and Tier III sexual predators are prohibited from residing on or entering the property. Under the Ohio Revised Code Section the Sheriff must notify either the individual owners or the Association of a Tier II or Tier III sexual offender. If the Management Company and/or Association receive such notification the Association should photocopy the notice and distribute same to all residents. By informing the residents of the presence of a Tier II or III sexual offender, the board is allowing resident's to take individual precautions that they deem appropriate until the Association can initiate action to have the tier II or III sexual offender removed from the property Rules&Regs Revision June 30, 2011 Page 23
24 CHANNELS OF COMMUNICATION The Board of directors consists of three individuals who are owners and are elected by their fellow owners. Board members serve without compensation and are responsible for making the decisions affecting our property. Decisions concerning the property are made during the Board's quarterly meetings, generally held at Board members home. In between the quarterly Board meetings, the Association relies on the Management Company to carry out the Board's decisions and handle all communications by and between the Association owners, contractors and vendors. If you have questions or concerns about the maintenance of the property, please direct the matter to the Management Company Clayman Property Services by phone or in writing. In case of an emergency, such as fire, contact fire/police departments. The Board requests and appreciates your cooperation in respecting that Board members are not employees and should not be contacted directly on Association related matters outside of Board meeting. Your board has a good working relationship with the management Company and all requests are handled and reviewed by both. UNIT USES Rules&Regs Revision June 30, 2011 Page 24
25 No unit shall be used for any purposes other than that of a residence for individuals living together as a single household unit. No unit may be used as a rooming house, group home, commercial foster home, fraternity or sorority house or any similar type of lodging, care or treatment facility. An owner maintaining a personal or professional library, keeping personal business or professional records or accounts, conducting personal business is permissible provided that such use DOES NOT involve customers, employees, licensees, clients or invitees coming and going to and from said unit. ENFORCEMENT OF RULES The Owner shall be responsible for any violation of the Declaration, Bylaws, or Rules by the owner, guests, or the occupants of his/her unit. All costs for extra cleaning and/or repairs stemming from any violation will, also, be added to the responsible owner s account. In addition to any other action and in accordance with the procedure outlined below, actual damages and/or an enforcement assessment of $25 for the first offense, and a $50 enforcement assessment for the second offense. A warning letter will first be sent to the unit owner stating the violation, the date of the occurrence of the violation, the remedy of the violation, and a time frame to remedy the violation. If the violation is not remedied within the time period, an enforcement assessment letter will be sent. If any owner (either by his or her conduct or by the conduct of any occupant) fails to perform any act that he/she is requested to perform by the Declaration, the Bylaws or the Rules and Regulations, the Association may, but shall not be obligated to, undertake such performance or cure such violation and shall charge and collect from said Owner the entire cost and expense, including reasonable attorney fees, or such performing or cure incurred by the Association. Any such amount shall be deemed to be an additional assessment and shall be due and payable immediately following notification of such charge and the Association may obtain a lien for said amount in the same manner and the same extent as if it were a lien for common expenses. Rules&Regs Revision June 30, 2011 Page 25
26 Prior to the imposition of an enforcement assessment for a violation, the following procedure will be followed: 1. Written notice(s) will be served upon the alleged responsible owner specifying: a. A reasonable date by which the owner must cure the violation to avoid the proposed charge or assessment; and b. A description of the property damaged or violation; and c. The amount of the proposed charge and/or enforcement assessment; and d. A statement that the owner has a right to, and the procedures to request, a hearing before the Board to contest the proposed charge and/or enforcement assessment. 2. To request a hearing, the owner must mail or deliver a written Request for a Hearing notice which must be received by the Board not later than the tenth day after receiving the notice. a. If an owner timely requests a hearing, at least seven days prior to the hearing the board shall provide the owner with a written notice that includes the date, time, and location of the hearing. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the charge for damages and/or an enforcement assessment will be immediately imposed. b. At the hearing, the Board and alleged responsible owner will have the right to present any evidence. This hearing will be held in Executive Session and proof of hearing, evidence or written notice to the owner to abate action, and intent to impose an enforcement assessment shall become a part of the hearing minutes. The owner will then receive notice of the Board s decision and any enforcement assessment imposed within thirty (30) days of the hearing. RESPONSIBILITY Rules&Regs Revision June 30, 2011 Page 26
27 DESCRIPTION Chimney, Exterior Siding, Flashing Chimney, Vents, Dampers, within Units Doors: Garage and Entry Doors, Garage, Paint 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 Planting Patio Mulched Element, Development Planting Landscaping, Care of Original Trees, Shrubs Original Patio Replacement Original Patio Maintenance Patio Extensions, Replacement 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, Siding and Trim Walls, Interior to Unit, 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, Siding, Trim Road and Parking Element pavement Walks Snow Removal, Roads, Driveways, Walks OWNER ASSOCIATION Rules&Regs Revision June 30, 2011 Page 27
28 DATE SUBMITTED: NAME: ADDRESS: TELEPHONE: SATELLITE DISH REQUEST TO BE INSTALLED AT UNIT NUMBER: 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 starting on page 9 of this handbook 2. The City of Columbus other governing agencies permits, building regulations, ordinances, etc., including any final inspection requirement Management Company recommends / does not recommend this installation for approval. Board Approved Disapproved By: Date: Rules&Regs Revision June 30, 2011 Page 28
29 The Condominiums at The Cottages on Hill Association Exterior Modification Application Name: Date submitted: Address: Telephone: Description of modification: Draw or attach a plot plan showing the exact location with respect to the unit. Modification to begin on: To be completed by: The owner(s) or their designees (contractor) must comply with the following: 1) The specifications as approved by the Board of Directors. 2) The City of Columbus permits, building regulations, ordinances, etc. including a final inspection. 3) Contractor s one year warranty on materials and labor if applicable. 4) Repair of any damage to the common Element or other condominium units. Management Company recommends/does not recommend this modification for approval. Approved Disapproved By: Date: For the Condominiums at the Cottages on Hill Association Board of Directors. Rules&Regs Revision June 30, 2011 Page 29
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