LIFE SCAPE VILLA S ON MONTFORT RULES & REGULATIONS
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1 LIFE SCAPE VILLA S ON MONTFORT RULES & REGULATIONS TABLE OF CONTENTS SECTION A ASSOCIATION SERVICES/OWNER RESPONSIBILITY I. The Association II. Services to Homeowners and Residents III. Definition for the General and Limited Elements and Owner Maintenance IV. Monthly Assessments Definition and Purpose V. Collection of Monthly Assessments SECTION B GENERAL I. Parking and Automobile Safety II. Grounds Maintenance Planting, Gardening III. Animals Pets IV. Trash Disposal V. Violations VI. Rental or Sale of Property VII. Garage Sales SECTION C POOL AND POOL AREA RULES SECTION D ARCHITECTURAL CONTROL I. Responsibility II. Alterations III. Unauthorized Changes IV. Exterior Antennas and Satellite Dishes V. Awnings/Patio Covers VI. Garages Page 1 of 8 SECTION A ASSOCIATION SERVICES/OWNER RESPONSIBILITY I. LIFESCAPE VILLAS ON MONTFORT CONDOMINIUM ASSOCIATION A. This Association of condominium owners is a Texas non-profit corporation. Its Purpose is to perform (for the owners) those responsibilities of maintenance and Management tasks that normally are part of home ownership. B. the Association manages all the land and improvements in Lifescape Villas on Montfort except those portions deeded to individual owners. Patios and enclosed Backyards are considered Limited Common Elements and are solely for the use of The owner of that unit. C. The by-laws of the Association delegate s management to an elected Board of Directors. Homeowners elect the Board of Directors at the annual Association
2 Meeting either in person or by proxy. All owners and residents of Lifescape Villas On Montfort are subject to the rules of the Association governing documents and amendments by the Board of Directors. The Board of Directors is authorized to Delegate such daily responsibility of management to a professional management Company skilled in such service. II. SERVICE TO HOMEOWNERS AND RESIDENTS A. Services for maintaining the General Common Elements consist of grounds Maintenance (lawn mowing, watering, feeding, pruning, trimming and weeding); Trash collection; roads and grounds repair and cleanup; maintaining the exterior Lighting system; maintenance of the exterior of each unit, maintenance of the pool Area. B. Assessments for services (association dues): 1. Services are funded from the monthly assessment paid by each condominium Owner. Assessments (dues) are mandatory and if not paid when due, will result In a late charge and a lien against the condominium. 2. Default by any member of the Association in payment of the monthly Assessment, any special assessment or any other amount owing to the Association, including fines levied by the Board of Directors, will be cause for Suspension of the member s voting rights and his/her privilege to use the Common elements and recreational facilities until his/her assessments have been Paid plus any cost of collection, including interest. III. DEFINITION OF THE GENERAL AND LIMITED ELEMENTS & OWNER MAINTENANCE A. General Common Elements consist of all the land, foundations, hallways, stairways, Exteriors of buildings, drives, lawns, shrubs, common recreational facilities, streets, Parking areas, and pool areas. B. Limited Common Elements consist of all balcony and/or patio structures, backyards And front yards serving exclusively a single or one or more adjoining units. (A Broader definition of General and Limited Common Elements is contained in the Declaration for the Condominium.) C. Owner Maintenance 1. An owner shall maintain and keep in repair the interior of his own unit, Including the fixtures and equipment installed with the unit, commencing at a Page 2 of 8 Point where the utility lines, pipes, wires, conduits or systems (which are Hereafter referred to as utilities ) enter the unit including utilities that Specifically serve each unit (e.g., HVAC, breakers, meters and the like). 2. Owner shall be obliged to promptly repair and replace broken or cracked glass In windows and doors not caused by an occurrence otherwise considered an Association responsibility. 3. Owner is also responsible for the proper maintenance of his/her enclosed Backyard. 4. An owner shall be responsible for any and all damage caused by such owner, Owner s family, owner s guests or owner s leaser to the Common Elements
3 Including damage caused to roof tiles by unauthorized walking on roof. IV. MONTHLY ASSESSMENTS - DEFINITION AND PURPOSE A. Monthly assessments (also commonly referred to as maintenance fees or Homeowner dues ) are used to provide operating, maintenance and repair funds for Lifescape Villas on Montfort condominiums. B. Determination of monthly assessments (by the Board of Directors) usually takes Place after the close of the Association s fiscal year (July 31). The actual amounts Of the monthly assessments will be based upon the operational budget for the Association. C. Monthly assessments are constantly under review and are subject to change (by the Board of Directors) on an as needed basis, subject to the provisions of the Declaration. V. COLLECTION OF MONTHLY ASSESSMENTS A. the Board of Directors has empowered the management company to collect all Monthly assessments (dues), special assessments (if any are required or levied), and Fines and other monies owed to the Association in conjunction with the terms set Forth in the Association By-Laws. B. The following procedure will be used for collection: 1. Monthly assessments (dues) must be received by the 1st day of each month. 2. There will be a late charge on all assessments received after the 15th of the Month the assessment is due. 3. The Association and its agents are authorized to use standard dunning Procedures to collect all past due assessments, fines and other monies owed to The Association. 4. In accordance with the Lifescape Villas on Montfort Association By-Laws, the Board of Directors has authorized the management company to initiate (when Appropriate and after Board approval) legal action (i.e. property liens) on those Units of all homeowners who are delinquent in paying their monthly or special Assessments, fines and other monies owed to the Association. SECTION B GENERAL I. PARKING & AUTOMOBILE SAFETY A. Parking Automobiles 1. All automobiles any homeowner or tenant will be parking in the parking areas (Including in garages), on a daily basis, must be registered with the Page 3 of 8 Homeowners Association. An automobile will be considered registered when The Association has been furnished with the make, model, year, color and License number of the car(s) to be parked on the property, and which unit the car Will be registered to. Each unit is permitted to register two (2) cars. ONLY a Homeowner or resident may register a car. 2. Each unit is limited to two (2) parking spaces: One uncovered, designated Parking space and one enclosed garage. The remaining parking spaces are Designated for visitors. Garages are Limited Common Elements, and are for the Exclusive use of that owner. Garages shall constitute one parking space per unit
4 And if the owner/tenant of the unit chooses to use their garage for other than Parking a car, the owner/tenant will still have only one uncovered parking space For their unit s use. 3. Guests are limited to parking for a period not to exceed twenty-four (24) hours. Overnight guest parking will not be permitted on a regular basis. (Regular basis Meaning to exceed three days in a row, and not requiring a 24-hour/day basis) Any homeowner wishing to make arrangements for guest parking that would Exceed 24 hours or that would be considered a regular basis, should contact the Board of Directors through the management company. Failure to follow this Rule will result in a fine and/or towing the vehicle at the condominium owner s Expense. 4. Parking in the fire lane is prohibited by the City of Dallas. Any vehicle Improperly parked so that the vehicle extends into the fire lane (beyond the red Striping) is also prohibited by the City of Dallas. This represents a hazard to Fire, police and emergency vehicles. Violators automobiles are subject to being Towed at the owner s expense. 5. No vehicles of any kind are permitted to be stored or to be parked so that it Would cause damage to any of the common areas (grassy areas, shrubs, Landscaping, etc.). Vehicles found in violation will be towed at owner s expense. 6. The major repair of automobiles and any other vehicles is not allowed on the property of Lifescape Villas of Montfort. Violators (condominium owner of where repair is performed) will be fined. 7. The maximum speed allowable is twelve (12) miles per hour on the streets and parking areas located on the premises. Any vehicle exceeding this limit or driving recklessly will be subject to a fine and other disciplinary action for each violation, as determined by the Board of Directors. 8. No excessive horn honking. 9. No vehicle washing permitted on Lifescape Villas of Montfort premises. 10. No vehicles may be advertised for sale or lease on the property. The exception being the owner s designated parking space. B. Parking Recreational Vehicles, Boats, Trailers 1. Recreational vehicles, boats or trailers cannot be stored on the premises without approval from the Board of Directors. The Board of Directors is expressly vested with the authority to grant temporary passes for recreational vehicles, boats or trailers for a period not to exceed 72 hours during the weekend. Page 4 of 8 2. Vehicles stored or parked improperly will be towed away at the owner s expense. To have an unauthorized vehicle towed, contact the wrecking service for Lifescape Villas on Montfort (information posted on the bulletin board at the pool). The individual calling to have the car towed must be present to sign the tow authorization when the tow truck arrives. II. GROUNDS MAINTENANCE PLANTING, GARDENING A. No planting of shrubs or gardening of any kind may be done by an individual in the
5 General Common Elements without specific approval of the Board of Directors. B. Owners and/or renters are responsible for the proper maintenance of their yards, patios and balconies. Failure to comply will be subject to fines against owner of unit. III. ANIMALS PETS A. All animals living within Lifescape Villas on Montfort that reside with any homeowner or tenant must be registered with the Association or that animal can be permanently removed from the property. An animal will be considered registered when a full description of the animal, including approximate size, weight, color, breed and any identifying marks is filed with the Association. B. Only two animals per unit are permitted. C. Pet owners will be responsible for the immediate removal of their pet s waste left on any common area or element anywhere on the property. In addition, the smell of any animal excrement that is found disturbing other occupants and originating from a unit or a unit s enclosed yard must be removed. Any pet found in violation will subject their owner to a fine determined by the Board of Directors and/or subject the pet to permanent removal from the property. D. Pets should not be left unattended in enclosed yards. Pet noise and behavior disturbing to occupants of other units will also subject the pet owner to a fine as determined by the Board, and the pet will again be subject to permanent removal from the property. E. No animal, livestock or poultry of any kind may be raised, bred, or kept in any condominium or patio (with the exception of dogs and cats). F. Dogs and cats must be under control at all times. Montfort Villas on Montfort requires all dogs to be kept on a leash. Also, there is a leash law in the City of Dallas, which will be enforced by local authorities. G. Any dog or cat not under the control of their owner will subject their owner to a fine to be determined by the Board of Directors. In addition to imposing a fine with respect to a single animal, the Board of Directors may request that such animal be removed from the premises permanently. IV. TRASH DISPOSAL A. All trash must be placed inside the dumpsters. Large items must be broken up to fit in the dumpster. All trash (which includes plastic trash bags and heavy trash, i.e., stoves, tubs, etc.) not placed in the dumpster and left anywhere on the property or placed outside the dumpster, will constitute littering by the homeowner responsible and a fine will be assessed. Stacking trash bags adjacent to the dumpster is inviting to area pets. B. Trash pick-up days: Monday, Wednesday, Friday C. Heavy trash pick up is the responsibility of the homeowner/tenant. Large items may not be placed at the dumpster site. Page 5 of 8 D. Littering at Lifescape Villas of Montfort is not permitted and will subject the homeowner/tenant responsible to a fine determined by the Board of Directors. E. The use of plastic trash bags is required to help eliminate odors and lessen the attraction to pets and vermin.
6 V. VIOLATIONS A. The right of the owner, his/her tenant and/or guests to use the common areas and recreational facilities may be suspended by the Board of Directors for violation of the rules and regulations governing the use of these facilities (in addition to suspension for non-payment of association dues). B. Owners are responsible for continuous or recurring violations of the rules and regulations, by themselves or by their tenants, guests or pets, and will be subject to a fine to be determined by the Board of Directors. These fines will be treated in the same manner as any other fines due the Association. Penalties will be assessed only after the owner has been notified in writing of the violation, and, when appropriate, been given a period of time reasonable by the Board of Directors in which to correct or eliminate the violation. VI. RENTAL OR SALE OF PROPERTY A. The Board of Directors or management company must be informed by all homeowners of any unit s occupancy change at Lifescape Villas on Montfort. Information regarding vacancies is used for emergency purposes only and is kept confidential by the Board and the management company. B. For Sale or For Rent signs (whether placed by an owner or real estate agent) of units located at Lifescape Villas on Montfort are not to be posted except as follows: 1. From Friday, 6:00 pm until Sunday, 6:00 pm. (required by the City of Dallas) 2. Common area - only on the common areas located on Montfort Road. C. For Sale and For Rent signs may not be displayed in a window of a unit or on the unit s property. VII. GARAGE SALES A. Individual garage sales are prohibited at the Lifescape Villas of Montfort and a fine will be imposed on homeowner of unit who does not comply. The Association may periodically organize a community garage sale. The management company will send notification of such sale one month before sale for your preparation. SECTION C POOL AND POOL AREA RULES A. The Lifescape Villas on Montfort Condominium pool hours are: 1. To Be Set Forth Summer of 2009 B. Guests are limited to two for each unit and must be accompanied in pool area by a resident. No private pool parties are allowed without prior approval of the Board of Directors. C. No pets of any kind are allowed in the pool area. D. Only plastic or metal containers are allowed in the pool area. Glass bottles and glass containers are specifically prohibited. Do not throw metal tab pulls or bottle caps in pool. Refuse should be put in containers provided. Page 6 of 8 E. An adult resident must accompany children under 13 at all times. F. No rough or boisterous play will be permitted. No conduct or language offensive to others will be tolerated. G. Persons having skin abrasions, open blisters, cuts, any skin disease, sore or inflamed
7 eyes, cold, nasal or ear discharge or any communicable disease will not be allowed in the pool. H. Only air floats are allowed in the pool; no floating lawn furniture allowed. If the pool is crowded, please remove your float. I. Only recognized swim attire is permitted in the pool. Swimming in clothes, cut-off jeans or shorts is not allowed. Do not swim in pool after applications of suntan oil or lotion. J. No streaking or skinny-dipping. K. Pool safety devices are not to be removed from the pool area or used other than for their intended purpose. Poolside furniture is to be treated with care and may not be removed from the pool area. L. You are required to be considerate of fellow homeowners and respect their right to quiet enjoyment of the pool area. M. Radios volume must be kept to a comfortable level without imposing the music on other sunbathers or surrounding units. SECTION D ARCHITECTURAL CONTROL I. RESPONSIBILITY A. The architectural integrity of Lifescape Villas on Montfort Condominiums is the responsibility of the Board of Directors. Protective restrictions are in effect to help maintain the appearance and value of Lifescape Villas on Montfort. B. The Board of Directors has the authority to approve or reject any change or alteration (e.g. building, wall, fence, patio cover) to the exterior of any unit (referred to as all General and Limited Common Elements) as provided for in the Declaration. C. Enforcement of the guidelines for architectural control may be affected by the Board of Directors or one of its agents (the Architectural Committee or the management company). D. Blinds, window coverings and draperies that are visible from the exterior of any unit shall be consistent with Lifescape Villas of Montfort architecture and are subject to review by the Architectural Committee. E. No decorative lettering, insignias or other objects are allowed on the exterior of the patio fences and gates. F. The installation of storm doors or windows, hot tubs, spas and Jacuzzis require prior approval from the Board of Directors. II. ALTERATIONS A. Homeowners interested in making visible alterations to their property must receive advanced written permission from the Board of Directors. The procedure for requesting permission for visibly altering a unit is as follows: Page 7 of 8 1. Submit a written request to the Architectural Committee, which outlines those changes desired, including (where applicable) architectural plans and photographs. 2. Meet with the Architectural Committee and/or Board of Directors to discuss the
8 proposed changes. B. It is not the intent of the Board of Directors or the Architectural Committee to stifle the imagination or creative desires of residents. Each project submitted will be reviewed as to the architectural integrity of Lifescape Villas on Montfort and the possible increased cost in difficulty related to maintaining that project. III. UNAUTHORIZED CHANGES A. Should any resident make any unauthorized changes to any unit or the Common Area (without written approval from the Board of Directors), the Board of Directors may direct that the unauthorized change be removed and/or corrected and the property return to its original state. B. The Board of Directors, at its discretion, may direct corrective action and assess appropriate charges and/or fines against the unit owner. IV. EXTERIOR ANTENNAS AND SATELLITE DISHES A. A homeowner must submit an authorization form to the Board of Directors and obtain Board approval before any dish/antenna may be installed on homeowner s unit. Contact the management company for required form. B. Satellite dishes or antennas must be placed in a discretionary area not to be seen when driving or walking through Lifescape Villas of Montfort property as listed below. Placement is not allowed on exterior walls, fences, roofs or garages. If dishes or antennas are incorrectly placed, they must be removed or the unit owner will be subject to a fine. C. In order to have some uniformity on our property, the following locations have been approved for placement of the satellite dishes or antennas: IV. The chimney located on your unit strapped to the side, facing south. Cable must run along chimney chase until it enters the unit and must be attached properly to chimney chase so not to be loose or unsightly. V. Placed in neutral colored buckets or stand-up tripods in a discretionary area as stated above. VI. If the above locations do not allow for proper placement so the dish or antenna will work, the Board of Directors may approve an alternative location after physically inspecting said location to determine that it is discrete and does not detract from the appearance of the property. V. AWNING/PATIO COVERS A. Awning/Patio covers should be neutral in color (beige, white, clear) and size should be proportionate to the size of the unit. They should be kept in good repair and cover rear unit areas only not visible from the street. Homeowners should request Board approval. The Board of Directors, at its discretion, may direct that an unauthorized awning or patio cover be removed and/or corrected. The Board may assess an appropriate fine against the homeowner if the homeowner does not comply with the request. Page 8 of 8 VI. GARAGES A. Homeowners are requested to properly maintain garages interior. Any damage done to the garage by homeowner s vehicle or homeowner, is the responsibility of
9 homeowner. B. When garage is not in use, doors must be kept closed. The unit owner will be subject to a fine if there is failure to comply. C. Individual garage sales are prohibited at the Lifescape Villas of Montfort and a fine will be imposed on homeowner of unit who does not comply. The Association may periodically organize a community garage sale. The management company will send notification of such sale one month before sale for your preparation.
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