MILLSTONE VILLAGE II. Condominium Association RULES AND REGULATIONS

Transcription

1 MILLSTONE VILLAGE II Condominium Association RULES AND REGULATIONS January 1, 2007

2 1. GENERAL.2 2. PROPERTY USE PETS 7 4. GARAGES VEHICLE OPERATION AND PARKING SNOW REMOVAL.9 7. POOL.9 8. PLAYGROUND CONDO FEE PAYMENTS VIOLATION, FINE AND APPEAL PROCESS..10 Page 1 of 11

3 1. GENERAL These rules are established and published for the benefit of all who own at, reside in or visit Millstone Village. Condominium living requires adjustment by and cooperation from all residents and guests. The rules are a supplement to the Declaration and By-Laws of Millstone Village, and are meant to facilitate the enjoyment of the premises while protecting, maintaining and enhancing the assets and appearance of the Association. Owners, residents and guests are obligated to abide by the requirements set forth in all of the cited documents. The enforcement provisions of Section 1.1 and the violation, fine and appeal process described in other sections apply to the obligations established by the Declaration and By-Laws of Millstone Village II Condominium Association, as well as these rules. In the event that the rules conflict with the condominium documents, the condominium documents take precedence. The applicability and enforcement of these rules will be such as to not abridge any rights specifically conferred by federal, state or local law. The premises of the Association are private property, and the police shall be notified of any trespassers. All residents are encouraged to contact the Nashua Police Department if any suspicious person or activity is noticed. These rules of the Millstone Village II Condominium Association are hereby adopted by the Board of Directors on January 1, 2007, and supersede all previous rules and policy resolutions. The Board may change or modify the rules at any time, in accordance with the condominium documents. 1.1 Enforcement These rules are designed to comply with the requirements provided by the condominium documents to allow consistent and fair decisions if a violation or dispute occurs The Managing Agent is empowered to act on behalf of the Board in the administration and enforcement of the rules, and carries out the functions of the Board, as authorized Any items or items left in the common area or limited common area in violation of the rules may be subject to confiscation or disposal at the expense of the owner. Both the Board and Managing Agent are authorized to effect such confiscation. No prior notice of confiscation or the intent to confiscate will be given, except as provided for in these rules. Arrangements to reclaim confiscated items may be made by contacting the Managing Agent The cost related to the confiscation of an item, including the cost to repair any damage to common or limited common property shall be assessed to the owner of the responsible unit The Association, Board or Managing Agent shall not be held liable, either individually or in total for any damage to any item that may result from the confiscation of said item, unless damage is caused by negligence on their part Fines shall be assessed in accordance with the fine schedules that have been established and detailed at the end of each section of the rules. Any such fine shall be assessed against the unit in which the offender resides or is visiting All related costs shall be assessed to the unit with which a violation of these rules is associated A due process has been established in accordance with Section 10 for the appeal of any cited violation of the rules. Page 2 of 11

4 1.2 Complaints The Board is responsible for addressing complaints brought to its attention by the owners and residents. Neither the Board nor the Managing Agent is responsible for policing the property to cite persons who violate the rules. Owners and residents who witness rules violations shall be responsible for reporting them to the Managing Agent Owners and residents wishing to report rules violations must inform the Managing Agent in writing. The complaint must include as many details of the violation as possible, including the date, time and location of the offense, as well as the type of violation, and description of the responsible person, pet or unit. Persons reporting the violation must sign the written complaint. Anonymous complaints will not be pursued. 1.3 Sales of Units It is the obligation of the current owner to notify the Managing Agent of the pending sale of his unit The seller shall provide the buyer with a complete copy of the Declaration, By-Laws and Rules of the Association prior to or at the time of the closing. 1.4 Rentals of Units Prior to occupancy by their tenants, unit owners must inform the Managing Agent of the pending rental of their unit, provide the names of all tenants and telephone numbers, register all pets, and provide the make, model and license plate of all vehicles utilized by the tenants Prior to occupancy, unit owners must ensure that the tenants are furnished with a copy of the Association rules. Unit owners shall make every effort to obtain the original set of rules from their previous tenants before requesting an additional copy Unit owners shall be responsible for adding the following paragraph to any lease agreement: This lease is subject to all provisions of the Declaration, By-Laws and Rules of the Millstone Village II Condominium Association. In the event of a conflict between this lease and the condominium documents, the condominium documents take precedence. Violation of any rule in Section 1.4 shall result in the assessment of a $50 fine against the responsible unit. 1.5 Common Courtesy The use of any outdoor machinery or appliance between the hours of 10:00 PM and 7:00 AM is prohibited The operation of loud audio equipment or the creation of other noisy disturbances at any time is prohibited No persons shall by their presence or actions warrant alarm for the safety of owners, residents or guests, or for their property. This extends to the common and limited common areas of the property. The first violation of any rule in Section 1.5 shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. Page 3 of 11

5 1.6 Guests Owners and residents shall be fully responsible for the conduct of their guests. Any fines related to rules violations committed by guests shall be assessed to the unit with which the guests are associated. 2. PROPERTY USE 2.1 Solicitation Solicitation without the prior written consent of the Board is prohibited Owners and residents may be solicited by other owners and residents, and notices, leaflets, flyers or similar material may be distributed to individual units without Board approval only if such material or solicitation is pertinent to Association business. Any such material remaining in the common or limited area for more than two days must be collected by the distributor. Any material not collected by the distributor shall be collected by the Association, and any related cost shall be assessed to the responsible unit. The first violation of any rule in Section 2.1 shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. 2.2 Storage Storing or leaving personal material in the common or limited common area is prohibited, except as expressly authorized herein, or by written consent of the Board of Directors Entrances and patios must be kept free of refuse, debris or unsightly materials. The first violation of any rule in Section 2.2 shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $25 fine for each day of non-compliance to the unit with which the violation is associated. 2.3 Laundry No clothing, laundry, towels or rugs may be hung from or spread upon any window, door, patio, clothesline, drying rack or exterior portion of any unit, or any common or limited common area, or in any other location that may be visible from any common area. The first violation of this rule shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $25 fine for each day of noncompliance to the unit with which the violation is associated. 2.4 Trash Residents may place refuse and bagged trash at the end of their driveway only on the morning of the scheduled trash pick up Residents must place their trash containers back inside their units within 24 hours after the trash pick up Littering of any kind is prohibited. Page 4 of 11

6 2.4-4 Owners and residents are responsible for keeping their limited common area and entrances free of trash All non household trash, including building materials, furniture, toxic and hazardous waste must be removed off site by the unit owner or resident. The first violation of any rule in Section 2.4 shall result in a written warning to the unit with which the violation is associated. Subsequent violations of Sections and shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. Subsequent violations of Sections 2.4-2, and shall result in the assessment of a $25 fine for each day of non-compliance. 2.5 Yard Sales Yard sales, tag sales, estate sales, garage sales and any other similar activities are prohibited, except as authorized by the Board. Each violation of this rule shall result in the assessment of a $50 fine to the unit with which the violation is associated Property Damage Neither common nor limited common property shall be damaged, except for reasonable wear and tear. Each violation of this rule shall result in the assessment of a $50 fine to the unit with which the violation is associated. Also, the cost for any related repair shall be assessed to the unit with which the violation is associated. If, for any reason restitution is not imposed, the fine shall increase to $ Exterior Additions No air conditioners or other machines, equipment or fixtures which protrude through the walls, windows or roof of any building are permitted without the prior written consent of the Board No changes affecting the exterior appearance of any building, including but not limited to skylights, chimneys, decorations, awnings, signs, sun shades, antennas, fans, screens and enclosures shall be made without the prior written consent of the Board Nothing shall be done in any unit or in the common area that would impair the structural integrity of any building, nor shall anything be done in or on said areas that would structurally change any building without the prior written consent of the Board. Each violation of this rule shall result in a written warning to the unit with which the violation is associated. The warning shall include a required period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance. 2.8 Additions, Alterations and Improvements No landscaping, additions, alterations or improvements shall be made in the common or limited common area without the prior written consent of the Board of Directors Planting of annual flowers is permitted only in established flower beds, and in the patios. All other plantings must have the prior written consent of the Board of Directors. Page 5 of 11

7 Each violation of this rule shall result in a written warning to the unit with which the violation is associated. The warning shall include a required period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance. 2.9 Signs No signs, advertisements, notices, or other lettering shall be exhibited or displayed in windows, or in any common or limited common area by any resident. A violation of Section shall result in the assessment of a written warning to the unit with which the violation is associated. The warning shall include a period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance Patios Residents are responsible for keeping their patios neat and clean Patio furniture must be in good condition. Each violation of the rules in Section 2.10 shall result in a written warning to the unit with which the violation is associated. The warning shall include a period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance Seasonal Decorations Residents are permitted to display seasonal exterior decorations only at their entrances, and on their windows and limited common area All decorations must be well maintained Exterior Christmas decorations may be put up in the areas noted above on the day after Thanksgiving, but must be removed by the weekend after New Year s Day Other seasonal decorations are permitted during the appropriate holiday or season, but must be removed when they are out of season. Each violation of the rules in Section 2.11 shall result in a written warning to the unit with which the violation is associated. The warning shall include a period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance Satellite Dishes Residents must receive prior written consent from the Board of Directors before installing a satellite dish Satellite dishes are limited to the patio, and the front entrance area of each unit If a satellite dish is installed in the front entrance area, it must be no more than 3 feet away from the building, and not less than 1 foot from the building. Page 6 of 11

8 The satellite dish must be mounted on a 4 x 4 post, tripod or pole If the post is placed in a cement filled bucket, then the bucket must be buried The owner shall be responsible for the proper maintenance of the satellite dish and all related apparatus. Each violation of the rules in Section 2.12 shall result in a written warning to the unit with which the violation is associated. The warning shall include a period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance. 3. PETS 3.1 Only common household pets may be kept or maintained in a unit. 3.2 All pets kept for more than 48 hours must be registered with the Managing Agent. 3.3 No pet is allowed in the common or limited common area unless it is leashed and accompanied by its owner or a responsible person. 3.4 Pets may not be left unattended in or tied to any common or limited common area. 3.5 Excessive noise caused by pets that disturbs other residents is prohibited. 3.6 All pets must be walked or exercised only in either one of the two designated pet walking areas. 3.7 Pet owners must immediately remove all pet waste. 3.8 All pets must have certificates of rabies and /or distemper vaccination, when applicable. Proof of current vaccinations must be provided to the Managing Agent upon request. 3.9 All dogs must have a current license as required by the City of Nashua. Proof of current license must be provided to the Managing Agent upon request. The first violation of any rule in Section 3 shall result in a written warning to the unit with which the violation is associated. The second violation shall result in the assessment of a $50 fine to the unit with which the violation is associated. Any additional violations shall result in a demand for the removal of the pet from the premises. 4. GARAGES 4.1 Any alterations or modifications to the interior of a garage without the prior written consent of the Board is prohibited. 4.2 Owners who convert their garages into living quarters with the written consent of the Board of Directors must keep their garage doors closed at all times when not in use. Violation of Rule 4.1 shall result in a written warning to the unit with which the violation is associated. The warning shall give a period of time for the unit owner to come into compliance. If the owner does not come into compliance within the required time, then a $25 fine shall be assessed for each day of non-compliance. Page 7 of 11

9 Violation of Rule 4.2 shall result in a written warning to the unit with which the violation is associated Subsequent violations shall result in the assessment of a $25 fine for each day of non-compliance. 5. VEHICLE OPERATION AND PARKING 5.1 Only two and four wheel private passenger vehicles may be parked on the premises, except as authorized in writing by the Board. 5.2 No recreational, commercial, or oversized vehicle, including but not limited to delivery trucks, moving vans, boats, boat trailers, utility trailers, tent campers and motor homes may be parked on the premises without the written permission of the Board. 5.3 No recreational vehicles, including but not limited to snow mobiles, dirt bikes, motorized scooters, go karts and ATV s may be operated on the premises. 5.4 Vehicles kept or operated on the premises must be operable, and display current and valid state registration and inspection stickers, as well as valid license plates. 5.5 The operator of any vehicle on the premises must possess a valid driver s license. 5.6 Motorists must obey the maximum speed limit on the premises of 15 MPH. 5.7 No vehicle may be parked or operated on any surface other than the road, driveways and other designated parking areas. 5.8 Residents must park only in their driveways or garages. 5.9 Visitors must park either in the visitor parking area in front of the pool, or in the driveway or garage of the unit they are visiting No vehicle may be left unattended in any travel lane or fire lane No vehicle may be parked in such a manner as to obstruct the free passage of another vehicle, including emergency vehicles Motorcycles must utilize a kick stand plate of no less than 6 in width or diameter when parked on the pavement No vehicle may be parked in violation of any special requirement set forth by the Board or Managing Agent that may be necessary to conduct maintenance, landscaping, snow removal, emergency response or other similar events No repairs or servicing of any kind may be made to vehicles in the driveways, or in any other common or limited common area. The first violation of the rules in Section 5.1, 5.2, 5.3, 5.4, 5.5, 5.5, 5.6, 5.7, 5.8, 5.9, 5.12 and 5.14 shall result in a written warning to the unit with which the violation is associated. Subsequent violations of the rules in Section 5.1 through 5.4 shall result in the assessment of a $25 fine for each day of non-compliance to the unit with which the violation is associated. Subsequent violations of the rules in Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.12 and 5.14 shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. Page 8 of 11

10 Any violation of the rules in Section 5.10, 5.11 and 5.13 may result in towing of the vehicle without prior warning, at the vehicle owner s expense. If for some reason the vehicle cannot be towed, then a $100 fine shall be assessed to the unit with which the violation is associated. 6. SNOW REMOVAL 6.1 During a storm, all vehicles on the premises must be parked either in the driveway or in the garage. 6.2 During clean up, residents must remove all vehicles from the driveway and road. Vehicles may be parked only along the walkway side of Stonebridge Drive. 6.3 No vehicle may be parked in any manner as to impede snow removal operations. 6.4 Residents shall be responsible for the removal of snow from the walkways leading from their homes. Any violation of the rules in Section 6.1, 6.2 and 6.3 may result in towing of the vehicle without prior warning. If, for some reason the vehicle cannot be towed, then a $100 fine shall be assessed to the unit with which the violation is associated. 7. POOL 7.1 The pool is open from 10: 00 AM to 10:00 PM, or as otherwise posted. 7.2 Children under 14 years of age must be accompanied by an adult at all times. 7.3 Pets are not allowed in the pool area. 7.4 Visitors must be accompanied by a resident. There is a limit of 2 guests per unit, except as authorized by the Board. 7.5 Running and rough play are not permitted in the pool or pool area. 7.6 No food is permitted in the pool or pool area. All beverages must be in paper or plastic containers. No glass is permitted in the pool or pool area. 7.7 Only regular swimming apparel is permitted in the pool. No cutoffs or jeans are allowed. 7.8 No children wearing diapers are permitted in the pool. 7.9 Portable audio equipment is permitted in the pool area. However, the volume must not disturb other persons in the pool area. The first violation of any of the rules in Section 7 shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. Repeat violations may result in the loss of pool privileges. 8. PLAYGROUND 8.1 The playground is open from 8:00 AM to dusk. 8.2 The playground may be used by children aged 12 years old and younger. All children must be accompanied by an adult. Page 9 of 11

11 8.3 Playground equipment must be used properly, and in a manner for which it is intended. 8.4 Running and rough play are not permitted in the playground. 8.5 All visitors must be accompanied by a resident. 8.6 No pets are allowed in the playground. 8.7 No glass objects are allowed in the playground. The first violation of any of the rules in Section 8 shall result in a written warning to the unit with which the violation is associated. Subsequent violations shall result in the assessment of a $50 fine per occurrence to the unit with which the violation is associated. 9. CONDO FEE PAYMENTS 9.1 Payment is due on or before the first day of each month. 9.2 Payment must either be mailed to the management company or placed in the drop box located at the mail house. 9.3 A late charge of $15 shall be assessed for any unpaid balance after the 10 th day of each month. 9.4 A $15 charge shall be assessed for any returned checks. 10. VIOLATION, FINE AND APPEAL PROCESS A. The fine schedules and the amounts of the fines vary according to the nature of the violation, and are listed, where applicable, at the end of each section of the rules. B. In the event of a rule violation, the Board initiates contact with the owner / resident, usually in the form of a written warning from the Managing Agent. C. If a unit owner wishes to appeal the written warning, he may do so by filing a written appeal to the Board of Directors. If the Board accepts the appeal, then no further action is taken. D. Upon receipt of a notice of an assessment of a fine, an owner has a right to appeal the fine by either filing a written appeal or submitting a written request for a hearing with the Board of Directors. Written appeals or requests for a hearing must be made to the Managing Agent within 14 days of the notice of an assessment of a fine. All fines stand as applied unless and until the violation is overturned. E. If the owner fails to appeal or request a hearing within the prescribed period of time, then the right to appeal shall be forfeited. Failure to appear for a scheduled hearing shall also result in the forfeiture of the right to appeal, unless adequate notice and reason are given. F. After a decision is rendered, written notification will be issued to the unit owner. G. If the Board accepts the appeal, then the violation and fine is rescinded. H. If the violation and fine is upheld, then the owner has a right to a hearing before a Covenants Committee. Unit owners in the association shall be appointed by the Board to serve on the Covenants Committee. If the owner wishes to meet with the Covenants Committee, then he must submit a written request to the Managing Agent within 14 days of the notification from the Board of Directors. Page 10 of 11

12 I. After the hearing, the Covenants Committee shall submit their recommendation to the Board. The Board shall have the right to accept or reject the recommendation. J. If the violation and fine is ultimately upheld, then any legal costs or other fees associated with the violation, fine and appeal process shall be added to the amount due. Page 11 of 11