THE CROSSINGS CONDOMINIUM ASSOCIATION

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1 THE CROSSINGS CONDOMINIUM ASSOCIATION AT HADDON HALL APEX, NC RULES AND REGULATIONS APPROVED AUGUST 2010

2 INTRODUCTION The enclosed Rules and Regulations have been carefully prepared to provide owners and renters with a set of guidelines to assure a comfortable and attractive environment. They are also intended to protect and enhance the value of the unit owners investment in The Crossings community. These Rules and Regulations focus on the property of the Association including the unit, the common elements and the limited common elements. The Unit is that property defined by the wall surface of the perimeter walls, exterior door, exterior windows facing the interior of the unit and the topmost surfaces of the subflooring. The common elements are all areas of the condominium building except the individual units. All limited common elements are common elements. These elements include but are not limited to the driveways, hallways, garage, landscape areas and the exterior of the buildings. The Covenants mandate the Association exclusive responsibility for maintaining and governing the use of these areas. The limited common elements are those areas of the common elements that are for the exclusive use of one or more, but fewer than all, of the units and also any limited common elements specifically allocated to units. These elements are primarily unit patios, railings, patio ceilings, patio floors and exterior building surfaces. The Covenant mandates the Association responsibility for maintaining and governing the use of these areas. It should be remembered that the Rules and Regulations do not replace the Covenants which the Board of Directors use as its primary governing document. Both documents are in force. In case of conflict between the wordings of these documents, the Covenants will prevail. In establishing and maintaining the Rules and Regulations, the Board shall make every effort to ensure that they do not affect unit owners right to enjoyment of reasonable and unrestricted use of their property or privileges of ownership.

3 TABLE OF CONTENTS TOPIC SECTION PAGES UNIT OCCUPANCY RULES MOVING SECURITY SAFETY FIRE SAFETY INSURANCE CONSIDERATION OF FELLOW RESIDENTS BALCONIES/PATIOS GARAGES/OUTDOOR PARKING SPACES/STORAGE AREA COMMON AREAS BICYCLE STORAGE BUILDING EXTERIORS WASTE DISPOSAL PETS ALERATIONS TO UNITS GRIEVANCE PROCESS NOTICE OF VIOLATION LETTER APPENDIX A 9 VIOLATION COMPLAINT WITNESS STATEMENT APPENDIX B 10 NOTICE OF DETERMINATION APPENDIX C 11

4 1.0 UNIT OCCUPANCY RULE 1.1 No unit owner shall rent his unit for transient or hotel purposes which, for purposes of this Declaration, shall be defined as either a rental of any period less than thirty (30) days or any rental if the lessee of the unit is provided customary hotel services. Any permitted lease shall lease an entire unit, shall be in writing, and shall be subject to this Declaration and the Bylaws, and any failure of the lessee to comply with the terms of such documents shall be a default under the lease. Any unit owner who enters into a lease of his unit shall promptly notify the Association of the name and address of the lessee, the unit rented, and the terms of the lease. Other than the forgoing restrictions, each unit owner shall have the full right to lease his unit. No lease, however, shall relieve owner from any liabilities or duties herein nor shall any owner s privileges in any way be changed because of said lease. No sublease may be entered into without the written consent of the Board. 1.2 No immoral, improper, offensive or unlawful use shall be made of any unit; and all laws, zoning ordinances and regulations of all governmental bodies having jurisdiction there over shall be observed. 1.3 All renters must be provided a copy of these Rules and Regulations by the owners before moving into the unit. 1.4 All renters are subject to and must abide by all the terms and conditions of the Declaration, the By-Laws and the Rules and Regulations of the Association. 2.0 MOVING 2.1 Unit owners selling their units must assess the new owners a non-refundable $100 moving in fee to be paid and forwarded to the Association Management Company along with contact information for the new owners. This must be paid at least 15 days before moving into the unit. 2.2 Unit owners leasing their units must pay a non-refundable $100 moving in fee to be paid and forwarded to the Association Management Company along with contact information for the lessees. This must be paid at least 15 days before moving into the unit. Damages in excess of this amount will be billed to the unit owner. 2.3 All renters must be provided a copy of the Rules and Regulations by the owners before moving into the unit. 1 P age

5 3.0 SECURITY 3.1 All main entrances/exit doors must be locked after entering or leaving the building. Do not leave propped open doors unattended or allow service personnel to do so. Owners are responsible for this action whether on or off the premises; therefore please notify all contractors and service personnel as to this practice. Notify the site manager if locks do not function properly. 3.2 Do not admit anyone into the building. Direct them to the building directory and building telephone. Do not let any stranger follow you through the lobby door. Do not admit unexpected deliveries by the buzzer. Go down to the lobby entrance to accept deliveries. 3.3 Owners are advised to keep windows locked when away and to always use the bolt lock to secure the unit. 3.4 If planning to be away, arrange with neighbors to pick up newspapers, magazines and packages left in the lobby or by your unit door. 3.5 It is not permissible for owners to give building code to other than permanent residents of their unit. 4.0 SAFETY 4.1 The storage rooms and parking garages are part of the common elements of the building. Therefore, no storage of combustible substances will be allowed in these areas. This includes but is not limited to any flammables or materials that emit offensive odors (i.e. gasoline, turpentine, paint, etc.). Extreme care should be taken if you allow such substances in your unit. 4.2 The Association assumes no responsibility for loss or damage to articles stored in the storage areas. 4.3 Car engines must not be run in the garage any longer than necessary. 4.4 No solicitation is allowed in the building by any person, including solicitations by unit owners and residents on behalf of others. 4.5 There is a 20 MPH speed limit on all Association property. 5.0 FIRESAFETY TELEPHONE 911 FOR FIRE, POLICE OR AMBULANCE EMERGENCY 2 P age

6 5.1 No smoking is permitted in the common areas of the building. This includes all hallways, elevators, stairwells, lobbies, storage areas, and garages. 5.2 Do not use the elevators in the event of a fire. 5.3 By order of the Town of Apex Fire Marshall, no open flame is permitted on the patios or within 10 feet of the building. This includes propane or charcoal grills and open flame candles. The Association prohibits grilling anywhere on The Crossings property. 5.4 Fire extinguishers are located in hallways and garage areas. Pull stations, as well as smoke detectors, are located on all floors and in the common areas. Acquaint yourself with their locations and use. 5.5 Residents shall not tamper with fire detectors, smoke detectors, emergency lighting systems or other life-safety equipment in the common areas. 5.6 Unit doors shall not be propped open and left unattended. This poses a threat to the fire resistance rating of the corridors and allows smoke and flames to reach the corridor or unit unimpeded. 6.0 INSURANCE 6.1 Owners/Residents shall be individually responsible for insuring their personal property in their respective units, their personal property stored in the storage units and their personal liability to the extent not covered by the liability insurance for all owners obtained by the Association. 6.2 Each unit owner is responsible for the maintenance and repair of interior walls of units, appliances, unit heating and air conditioning units, fixtures, carpeting, etc. Each unit owner is also responsible for any damages caused to another unit that is directly attributable to the owner s unit or unit owner s negligence and not from the Common elements. All residents should maintain insurance for their personal property. The Association is not responsible for personal property. 7.0 CONSIDERATION OF FELLOW RESIDENTS 7.1 No noxious or offensive activity shall be conducted upon any unit or in the common elements nor shall anything be done thereon which may or may become an annoyance or nuisance to the unit owner. 3 P age

7 7.2 Children must not be permitted to run or play in the lobby, elevators, hallways, stairwells, garages, driveways, roadways or landscaped areas. Organized games, sports, play or other activities are prohibited on front lawns, sidewalks, entrances, driveways and in parking areas. 7.3 Construction or repair work which might cause disturbing noises must be completed during normal working hours of Monday-Friday 8:00 am 6:00 pm. Advance notice to your neighbors would be considerate. Emergency repairs are an exception. 7.4 Personal items must not be placed in the hallways. This includes strollers, footwear, umbrellas, shopping carts, etc. 8.0 BALCONIES/PATIOS 8.1 The use of any type of open flame is strictly forbidden. This includes charcoal or propane grills and the use of candles. Electric grills are permissible. 8.2 No rugs may be beaten on balconies and dust, rubbish or litter should not be swept or thrown from the balconies. 8.3 No clothing, household articles or carpets may be hung over balcony railings. 8.4 No flower planters may be hung from the railings. This includes hangings from inside and outside the railings. 8.5 No nails, screws or brackets can be attached to the common area walls, ceiling or railings. Repair of damage caused by these devices is the responsibility of the owner. 8.6 Decorations, flags or banners are not permitted to be hung on either side of the railings. 8.7 No animal or seed-type bird feeders are permissible. A single liquid-type hummingbird feeder is permissible. 8.8 Balconies may not be used for general storage. Only appropriate furniture and flower pots and/or flower boxes are permissible. 8.9 No storage of flammable or bulky items is allowed No storage cabinets are permissible No clothesline or other exterior devices for drying or airing clothes is permissible No electrical lights, wires or other decorations are permitted to be hung on patio railings on a permanent basis. 4 P age

8 8.13 Satellite dishes are permitted but must be attached to the floor of the patios/balconies and are not to extend beyond the railings The use of patios as a holding area for pets is prohibited. No one shall keep a pet on the patio unattended for extended periods or overnight The construction of any structure or fence on a patio is prohibited. 9.0 GARAGES AND OUTDOOR PARKING SPACES 9.1 Specific spaces have been assigned for the exclusive use of respective unit owners. Owners may exchange, lease or grant the right to use their parking spaces only among residents of The Crossings. Use of the garages by non-residents is prohibited. 9.2 Because of fire safety and insurance regulations, personal property may not be stored in the assigned parking spaces or other spaces in the garage area other than inside the assigned storage area. 9.3 No bicycles, boats or other recreational vehicles may be stored in the garage or outside parking spaces. 9.4 Only vehicles with a current registration shall be permitted in the garage or outside parking spaces. 9.5 The unit owner or tenant is responsible for keeping their parking space free of oil and/or other stains. No coatings may be applied to the garage floor. 9.6 Motor homes, trailers and boat can only be parked in the area behind building 200 and for no more than seven days. 9.7 No automotive repairs may be performed in the parking areas. Motor oils, other engine fluids, and auto parts may not be disposed of on premises. It is a federal crime to dispose of motor oil down the sewer, in the rubbish, or on the grounds. 9.8 Use of electrical equipment in the storage areas is prohibited COMMON AREAS 10.1 No unit owner or renter shall alter, construct anything upon, or remove anything from the common elements. They may not paint, decorate, landscape or adorn any portion of the common elements. The only exception to this is that each unit will be allowed a decorative wreath (not to exceed 18 in diameter) and a floral arrangement (not to exceed four feet 5 P age

9 high by one foot in width) to be placed outside the unit doorway. It cannot extend into the hallway Each unit shall be allowed a door mat constructed of carpet material not to exceed the width of the doorway The lobby and its furnishings are for the use of all owners and should be treated responsibly. The lobby is not to be used as a place to entertain. Food and drink are not permitted in this area Rollerblades, roller skates and bicycles are not permitted in the lobby, driveways or the garage area No notices of any kind may be attached to the lobby or elevator walls without the approval of a member of the Board Owners are responsible for the cost of repairs or replacement of any damage to The Crossings property caused either by themselves, their guests, their pets or service technicians working in their units or delivering items to their units Anyone found defacing or damaging The Crossings property will be charged for the repair or replacement of any damaged areas Yard sales are not permitted. Residents are encouraged to participate in community wide events organized and approved by the Association Children and pets are not permitted to play in any common areas within the buildings Smoking is prohibited in any common area in the buildings including the entrances and lobby areas, elevators, hallways, stairwells, storage rooms and the indoor parking areas No pictures, signs or posters are to be displayed in any windows or on any part of the common areas except that For Rent or For Sale signs are permitted in only one unit window BICYCYLE STORAGE 11.1 Bicycles are prohibited from being parked at or in front of the main entrances to the buildings or in the parking garages. The only permissible overnight storage of a bicycle is in the unit storage area. Locking bicycles to trees or light poles is not permissible.. 6 P age

10 12.0 BUILDING EXTERIORS 12.1 Awnings, radio or TV antennas, shutters, shades, air conditioning units or other equipment are not permitted to be installed in, through or upon the exterior of the building or any door It is not permissible to attach any article to the exterior of the building WASTE DISPOSAL 13.1 Trash shall be disposed of in a plastic bag and securely fastened at the top and deposited in the appropriate TRASH container. Recyclables shall be deposited in the container marked RECYCLABLES. Boxes shall be crushed Large items for removal such as furniture, appliances, carpeting, etc. cannot be deposited the trash area. It is the owner s responsibility to dispose of these items at the Wake County drop off site, 6000 Old Smithfield Road in Apex (off of Rt. #55). Call for more information PETS 14.1 No animals, livestock, or poultry of any kinds shall be kept or maintained in any condominium or in the common elements except for no more than two dogs, two cats, or any other household pets, but not to exceed three total animals at any time, provided such pets are not maintained or kept for commercial purposes; and provided further that, notwithstanding the foregoing, the Board may exclude any pet permitted by this paragraph which, in its sole discretion, deems to be a nuisance to other unit owners or the Association as owner of the common elements Pets must not be allowed to relieve themselves on the landscaped areas of the buildings and walkways and roadways Animal owners shall remove all feces immediately after it is deposited by the animal and it shall be placed in suitable bags or other containers that close and be disposed of in a lawful manner. This applies to all Crossings property Animal owners shall have in their possession a bag or other container that closes, which is suitable for removing feces deposited by the animals while walking their dog All dogs must be under restraint (leashed) at all times No breeding of pets is allowed. 7 P age

11 15.0 ALTERATIONS TO UNITS 15.1 Any modification of door hardware must conform to the traditional hardware used throughout the building. (color, style, etc.) 15.2 Storm doors and/or screen doors installed in the entrance to the unit patios must be approved by the Board Window replacement must be approved by the Board before work is initiated GRIEVANCE PROCESS 16.1 If someone is believed to be in violation of any of the provisions of the Declaration and Bylaws or the Rules and Regulations, a signed complaint must be submitted to the site manager or a member of the Board. (Appendix A) 16.2 The Board, upon receipt of complaints will investigate in a timely manner. If the violator chooses not to cease the action, the Board will then issue a written notice (Appendix B) informing the unit owner of a time and place where the Board or its duly authorized committee, will conduct a hearing to review the complaint. At that time, the party will have the opportunity for defense. Should the violator choose not to be present for the hearing, the Board will proceed with the available evidence in determining whether or not a violation occurred All hearings will proceed with or without the presence of the named owner, so long as notice has been sent in advance. The findings of the hearing will be submitted by the Board for disposition at its next regularly scheduled meeting If the complaint is found to be valid, the Board will notify the party in writing (Appendix C) and a fine may be charged to the assessment account of the owner of the unit in which the person resides and will be collected with the monthly assessment. Repeated violations may subject the offender to increased fines In the event of any violation of the Rules and Regulations, Declaration or Bylaws of the Association, the Board reserves the right to pursue any and all legal remedies to compel enforcement. Any and all costs, including attorney fees shall be assessed to the account of the offending owner at the time they are incurred The Board of Directors or its agents, without notice or hearing, shall have the right to bring an action at law or in equity against the owner and/or others as permitted by law. 8 P age

12 The Crossings at Haddon Hall Eyam Hall Lane Apex, NC NOTICE OF VIOLATION Date: To: Unit Owner: You are hereby notified, as the owner of Unit, that a Violation Complaint Form has been submitted, accusing you of violating the Associations Declaration, By-Laws or Rules and Regulations regarding: This violation was alleged by: You have a right to present a defense and evidence regarding this accusation. After hearing the case, the Board will determine if a violation occurred and if a fine should be assessed. Board of Directors The Crossings at Haddon Hall 9 P age

13 The Crossings at Haddon Hall Eyam Hall Lane Apex, NC VIOLATION COMPLAINT WITNESS STATEMENT PLEASE NOTE: A Violation Complaint must be completed or the complaint will not be considered valid by the Board. After the report has been filed, it will be necessary for you to appear at a hearing. The violator will also be asked to attend this meeting. After hearing this case, the Board will determine if a violation occurred and if a fine should be levied. Offender s Name: Unit Number: Violation Location: Date of Violation: Approximate Time: VIOLATION(S): Were any photographs taken? Yes No If so, by whom? Date Taken: ATTACH ALL PHOTOGRAPHS TO THIS FORM. Name(s) of others witnessing: I have made the above statement based on my personal knowledge. I will cooperate with the Association and, if a hearing is held, I will appear to testify. Date: Name (please print) : Signature: Board of Directors 10 P age The Crossings at Haddon Hall

14 The Crossings at Haddon Hall Eyam Hall Lane Apex, NC NOTICE OF DETERMINATION REGARDING VIOLATION To: Unit Owner On the Board of Directors held a hearing to determine if the Violation Complaint against you dated was valid. Based on the information presented the Board has taken the following action: ( ) The Board has determined that no violation has occurred. ( ) The Board has determined that a violation has occurred. Accordingly, costs and expenses of the violation are $. ( ) Damages, expenses and administrative charges in the amount of $ have occurred and are now due. ( ) Legal expenses in the amount of $ have been incurred by the Association and are now due. ( ) Damages have occurred or an architectural violation exists as charged in the complaint, and you are hereby notified to have the damages or violation corrected or repaired at your expense. ( ) As a result of a second or subsequent violation, we have been instructed by our attorneys to inform you that legal proceedings will be instituted if further violations occur, and the expenses incurred will be assessed to you. Board of Directors The Crossings at Haddon Hall 11 P age