LeBear Resort Condominiums RULES & REGULATIONS, FINE POLICY & PROCEDURES Adopted by the Board Of Directors April 20, 2012 For LeBear Home Owners and Renters COMMUNICATIONS: COMPLAINTS TO/FROM CO-OWNERS: 1. Violation Notification and Complaints: a. Complaints alleging violations of the Master Deed, Bylaws, Rules & Regulations or Policies issued by the Board of Directors must be directed to the Board of Directors in writing and be dated and faxed, mailed or emailed to the Management Company. All complaints must contain facts, dates and details supporting the observation. Complaints must be signed by the co-owner or resident except when emailed. All persons filing complaints are deemed to indicate by filing the complaint that the allegations are based upon personal knowledge and that the complainant will be willing to testify to the facts and circumstances of the violation if called on to do so by the Association. Only complaint issues that constitute an emergency may be made by telephone contact with the Management Company, followed with written confirmation. 2. Violation or Non-Compliance Notification to Co-Owner: a. A violation or non-compliance with any of the Condominium documents, including these Rules & Regulations, could result in fines and/or court action. The failure to perform any action(s) as directed by the Board of Directors in the form of written correspondence (such as maintenance, removal or restoration) shall entitle the Association to perform said action and charge back said costs (including costs of collection) to the responsible co-owner. 1
3. Obligation of Co-Owner: a. The Co-owner of record shall be held responsible and accountable for all actions of all persons who hold an interest in or possession of said premises; including household members, licensees, invitees, guests, vendors, tenants, visitors, and lessees. FINE POLICY: 1. Resolution of Conflicts: a. Co-Owners are encouraged to amicably resolve differences among themselves. 2. Determination of Responsibility: a. Following an initial complaint, a letter will be sent to the responsible coowner (even if the complaint involves a non co-owner) informing them of the complaint and advising them that they must correct the violation, and that a hearing will be held to address the allegations of the complaint, at which hearing the co-owner may present evidence that the violation did not in fact occur. The hearing will occur at the next regularly scheduled Board meeting (provided it is not sooner than 7 days from the date of the notice), unless the Board grants an exception. Failure to respond in writing or failure to attend the hearing may result in a default finding of responsibility for the violation as stated in the notice. 3. Violation Remedy: a. If the Board finds that the Co-owner is "Responsible" and a violation has occurred, then Fines or other penalties may be assigned as stated below. b. If it is the first offense of a category, a fine of $50 shall be levied and assessed against the responsible Co-owner's unit. c. If it is the second offense of a category, a fine of $100 shall be levied and assessed against the responsible Co-owner's unit. d. For the third and all subsequent offenses of a category, a fine of $250 shall be levied and assessed against the responsible Co-owner's unit. Progressive fines may be assessed each month a violation is not remedied and continues unabated. e. This procedure is not deemed an election of remedies, and the Board is not precluded from pursuing any and all other action it deems necessary, including litigation. f. All complaints must be filed within fifteen (15) days of the date of the alleged offense or violation or they will not be accepted. g. For purposes of determining the "number" of the violation (1 st, 2 nd, etc.), the offense(s) must have occurred within a floating twenty-four (24) month period. h. Category means each of the prohibited types of conduct as outlined in these Rules & Regulations or other restrictions under the Condominium Documents. (Example: Any type of pet violation would be one category or any type of parking violation would be a different category.) 2
Rules & Regulations 1. VEHICLES: a. Commercial vehicles, trailers, boats, boat trailers, camping vehicles, camping trailers, snowmobiles, snowmobile trailers, jet skis, jet ski trailers and recreational vehicles may not be parked or maintained within LeBear Resort Condominiums unless in an attached or detached garage. b. There is one designated handicap parking space. Only automobiles with a handicap license can be parked in this space. All other automobiles will be ticketed and are subject to be towed at the owner's expense. 2. NOISE / NUISANCE ACTIVITY: Each Co-owner/guest/tenant is entitled to the peaceful enjoyment of his or her Unit. Accordingly, no noxious or offensive activity within any Unit or upon the Common Elements of the Condominium, nor any activity which tends to cause embarrassment, discomfort, annoyance or nuisance to the occupants or Co-owners of other Units, shall be permitted. Television sets, sound systems and other noise producing devices shall be adjusted to a reasonably low volume between 11:00 PM and 8:00 AM. Consideration should be given to others regarding noise from furniture movement on decks, ski boots, small children running through a Unit and crying babies. Special attention should be given to stairwells and decks where noise travels between Units. There shall not be maintained within any Unit or upon the Common Elements of the Condominium any animal or device or things of any sort whose normal activities or existence is in any way noxious, noisy, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the reasonable enjoyment of Units. 3. GARAGE DOORS: Garage doors should be kept closed at all times as practicable. 4. FIREWORKS / WEAPONS Fireworks and/or weapons of any kind are not permitted to be used in the complex at any time. The use of any firearms, air rifles, pellet guns, B-B guns, bows and arrows, slingshots, or other similar weapons, projectiles or devices anywhere on or about the Condominium is prohibited. 3
5. SWIMMING POOL AND POOL BUILDING RULES: a. The pool and patio area are reserved for the use of Co-owners and their guests. Tenants are also permitted to use the pool b. A lifeguard is not on duty at any time in the pool area. Users of the pool do so at their own risk. LeBear Resort Association assumes no responsibility in the event of any injury around or in the pool. c. The pool hours are from 9:00 AM to 9:00 PM. d. No children under twelve (12) years of age are permitted in the pool or the immediate pool/patio area unless accompanied by their parents or a responsible adult. No babies in cloth or disposable diapers will be permitted in the pool. Infants in high-tech diapers guaranteed not to soil the water may use the pool under the immediate supervision of an adult. e. Running in the pool/patio area, diving into the pool, rough horseplay and undue noise, including radios and boom boxes, are not permitted. Users of the pool and hot tub should be considerate of others in the area. f. Pool users should shower before using the pool or hot tub. Suntan and body oil should be removed before entering the pool or hot tub to protect our filtration systems. Showers are available in the Men's and Women's shower rooms. No one with open sores or wounds will be permitted in the pool or hot tub. g. Small safety swim aids are permitted in the pool; however, rafts, chairs, surfboards, large floating objects and any objects made of Styrofoam (which can crumble and clog pool filters) are not permitted. h. Animals are not permitted in the pool, patio and social area. i. Clothing and towels should not be left on the ground or hung from the railing around the pool/deck. Personal property of any kind may not be left unattended at the Pool Building. j. Appropriate swimming attire should be worn in the pool and hot tub. Users of the pool should towel dry before leaving the shower room areas. 6. BARBECUING: Permitted Locations: Barbecuing may only be performed on decks, patios, or balconies. a. Resident must be in attendance or within view of the grill. All grills shall be used in strict compliance with all ordinances of Glen Arbor regarding operation and clearance from building structures. Grilling should not be performed in the garage. 7. BICYCLES: These items may not be left on the lawns of the condominium. 4
8. VIOLATIONS OF RULES AND REGULATIONS: The violation by any Co-owner, non-owner occupant, guest or tenant of any provision of the Condominium Master Deed or Bylaws, including any duly adopted rules and regulations, shall be grounds for assessment of monetary fines against the involved Co-Owner. Such Co-owner shall be deemed responsible for such violations whether they occur as a result of or her personal actions or the actions of his or her family, guests, tenants or any other person admitted through or by such Co-owner to the LeBear Resort Condominiums. 5
Fine Policy & Procedures ASSESSMENT OF FINES: The violation by any Co-owner, occupant or guest of any of the provisions of the Condominium Documents (Master Deed, Bylaws or Rules and Regulations of the Association) shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, or monetary fines against the involved Co-owner. Such Co-owner shall be deemed responsible for such violations whether they occur as a result of his personal actions or the actions of his family, guests, tenants or any other person admitted through such Co-owner to the Condominium Premises. Upon any such violation being alleged by the Board, the following procedures will be followed: A. Notice of the violation, including the Condominium Document provision violated, together with a description of the factual nature of the alleged offense set forth with such reasonable specificity as will place the Co-owner on notice as to the violation, shall be sent by first class mail, postage prepaid, or personally delivered to the representative of said Co-owner. B. The offending Co-owner shall be notified of a scheduled hearing before the Board at which the Co-owner may offer evidence in defense of the alleged violation. The appearance before the Board shall be at its next scheduled meeting, but in no event shall the Co-owner be required to appear less than seven (7) days from the date of the notice. C. Failure to respond to the notice of violation or appear at the hearing constitutes a default. D. Upon appearance by the Co-owner before the Board and presentation of evidence of defense, or in the event of the Co-owner's default, the Board shall by majority vote of a quorum of the Board, decide whether a violation has occurred. The Board's decision is final. E. The fines are as follows: First Offense $ 50 Second Offense $ 100 ($150 total) Third Offense $ 250 ($400 total) 6
Notice Of Violation LeBear Resort Condominium Association To Co-Owner: Address: Date: Unit No: PLEASE TAKE NOTICE that the Board of Directors has received a complaint alleging that you have violated provisions of the Condominium Documents for, as follows: (Description of facts constituting a violation:) (Bylaw provisions, rules or policies violated:) A HEARING will be held before the Board of Directors to determine whether a violation has occurred on, the day of, 201, at. (The date and time may not be sooner than seven (7) days from the date of this Notice) YOU MUST ATTEND THIS MEETING TO OFFER ANY EVIDENCE YOU MAY HAVE THAT A VIOLATION HAS NOT OCCURRED. IF YOU FAIL TO ATTEND THIS MEETING, A VIOLATION WILL BE ESTABLISHED BY DEFAULT. You will be notified of the Board's decision after the hearing. If a violation is established, you will be notified of the fine or other penalty assessed in accordance with the provisions of the LeBear Resort Condominium Documents. Date: LeBear Resort Condominium Association BOARD OF DIRECTORS 7
Notice of Fine / Penalty LeBear Condominium Association To Co-Owner: Address: Date: Unit No: PLEASE TAKE NOTICE that following the hearing held in this matter on, the day of, 201, the Board of Directors has determined that you have violated the provisions of the Condominium Documents for, as follows: (Bylaw provision, rules or policies violated) The determination was made by: Default After hearing evidence presented This is your violation of this provision. IN ACCORDANCE WITH THE PROVISION OF THE LE BEAR RESORT CONDOMMINIUM DOCUMENTS YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING FINE/PENALTY HAS BEEN LEVIED AGAINST YOUR UNIT. YOU MUST PAY THIS FINE/PENALTY TOGETHER WITH THE NEXT MONTHLY INSTALLMENT OF THE ANNUAL ASSESSMENT NEXT BECOMNIG DUE IN ORDER TO AVOID FURTHER PENALTIES AND COLLECTION ACTIVITIES. FINE/PENALTY $ DUE DATE:, 201 PLEASE NOTE THAT FAILURE TO PAY THIS FINE WHEN DUE, AND FAILURE TO CEASE AND DESIST FROM FURTHER OF FUTURE VIOLATIONS OF THE LE BEAR RESORT CONDOMINIUM DOCUMENTS, MAY LEAD TO FURTHER ACTION AGAINT YOU BY THE ASSOCIATION, AS PERMITTED BY THE LE BEAR CONDOMINIUM DOCUMENTS, AND THE MICHIGAN CONDOMINIUM ACT. ALL REMEDIES ARE CUMMULATIVE. LeBear Resort Condominium Association Board Of Directors 8
Schedule Of Fines Upon violation of any of the provisions of the Condominium Documents, and after default of the offending Co-owner or upon the decision of the Board as recited above, the following fines shall be levied: First violation: Second violation: A fine of $50.00 shall be levied. A fine of $100.00 shall be levied. Third violation: A fine of $250.00 shall be levied And all subsequent offenses of a category The Board of Directors, without the necessity of an amendment to the LeBear Resort Restated Condominium Bylaws, may make such changes in said fines or adopt alternative fines, including the indexing of such fines to the rate of inflation, in accordance with duly adopted Rules and Regulations promulgated in accordance with Article VII, Section 10 of the LeBear Resort Condominium Bylaws. For purposes of this Rule, the number of the violation (i.e., first, second etc.) is determined with respect to the number of times that a Co-owner violates the same provision of the Condominium Documents, as long as that Co-owner may be an owner of a Unit or occupant of the Project, and is not based upon time or violations of entirely different provisions. In the case of continuing violations, a new violation will be deemed to occur each successive week during which a violation continues. Nothing in this Article shall be construed as to prevent the Association from pursuing any other remedy under the Condominium Documents and/or the Michigan Condominium Act for such violations, or from combining a fine with any other remedy or requirement to redress any violation. Collection Of Fines The fines levied pursuant to the above stated rules and regulations shall be assessed against the Co-owner and shall be due and payable together with the regular monthly installment of the Annual Assessment next becoming due on the first day of the following month. Failure to pay the fine will subject the Co-owner to all liabilities set forth in the Condominium Documents, including without limitations, those described in Article VII, Section 18c of the LeBear Resort Condominium Bylaws. All unpaid amounts shall further constitute a lien on the Co-owner's unit, enforceable as set forth in Article II of the LeBear Resort Condominium Bylaws. 9
LeBear Resort 5705 Lake St., P.O. Box 70, Glen Arbor, MI 49636 Phone: (231) 334-2500 * FAX #: (231) 334-2503 EMAIL: LeBear@americanpfrd.com Addendum 1 - Three-Bedroom Condominiums LeBear Luxury Resort Residential Club Rules and Regulations Information about your rent, Registry Collection trade or stay at LeBear Resort Guest Services is available during regular business hours to assist with your vacation planning while staying at LeBear. Please contact us if you have any questions about your coming stay at: (231) 334-2500. Maximum capacity for each residence is 8 persons. All guests must register upon check-in at the Guest Services desk located in the Clubhouse Reception Area. Bell services are provided to assist with luggage and parking on regular arrival days. Weekly rentals are available with Friday check-in; shorter stays are available during some periods. CHECK-IN: Check-in time is after 4 PM on your arrival date. Please stop at the Guest Services Desk in the Clubhouse Reception Area upon arrival for your guest residence key. If you arrive earlier than 4 PM, we cannot guarantee your residence will be ready. Regular check-in day is Friday. CHECK-OUT: Check-out is before 10 AM on your departure date. Please return your key to Guest Services upon checkout. If you check out before office opening, unpaid charges will be settled on the credit card you have on file. LATE ARRIVALS: If you arrive after the Guest Services desk is closed, a check-in package will be located in your residence Mail Box adjacent to your guest residence. Please have your residence number provided in your rental confirmation. Second and third floor residences can be accessed by elevator located at the Clubhouse Reception entry, where a bell cart is available. CANCELLATIONS: Please read your rental confirmation agreement closely for cancellation information. There are no refunds for cancellations made 30 days or less prior to the date of arrival. There is no refund for early departures. CELL PHONES/LONG DISTANCE CALLING: Depending upon your carrier, cell phone service can be very spotty in Glen Arbor. While there is no long distance calling from residences at LeBear, you may purchase a calling card for long distance calling at the Guest Service desk. FITNESS CENTER: Our Fitness Center, steam shower and sauna are located in the Clubhouse Commons for your use and enjoyment. Children under the age of 16 must be accompanied by an adult when using the exercise equipment. 1
MASSAGE THERAPY SERVICES: Please contact Guest Services at least 72 hours in advance to schedule massage therapy treatments. LeBear requires a 48-hour advanced notice for cancellations or rescheduling. Full payment of the service will be required if appointments are cancelled within 24 hours of the scheduled time. INTERNET ACCESS: High-speed wireless internet is available throughout the resort. DINNER RESERVATIONS: Guest Services would be happy to assist you with recommendations or dining reservations during your stay. PARKING: Parking in the commons parking courtyard is restricted to one vehicle per residence during busy periods. Additional parking is available on Lake Street and in the LeBear parking area off Sheridan Street, behind the garages. Garage parking is provided for owners only. PRE-ARRIVAL GROCERY DELIVERY: We offer pre-arrival grocery delivery services at LeBear from the local grocery store. A 20% delivery and stocking fee will be added to your order. Please provide the grocery list to Guest Services via email 48 hours prior to your arrival. We will make every attempt to accommodate your grocery requests. NEWSPAPER DELIVERY: Please inform the Concierge prior to your check-in if you would like morning newspaper delivery to your residence. The cost of the newspaper will be added to your guest bill. HOUSEKEEPING SERVICE: LeBear Luxury Resort follows the Green Lodging Michigan program guidelines to conserve energy and reduce the use of laundry and cleaning chemicals. If, during your stay, light housekeeping service is needed (clean towels, bathroom supplies or coffee), please place the SERVICE PLEASE sign on the door by 11:00 AM. If you do not wish to be disturbed, please hang the DO NOT DISTURB sign on the door to ensure your privacy. POOL AND CLUBHOUSE AREAS: The indoor pool is available for use from 9 AM until 9 PM. The outdoor pool is open seasonally, and daily hours of operation are posted. Pool towels are provided in each pool area for your use. Please do not remove towels from residences or pool areas. Pools are for the exclusive use of LeBear owners, tenants and guests. A life guard is not on duty at any time. All users of the pool do so at their risk. Children under the age of sixteen (16) years of age must be accompanied by a responsible adult. No children under the age of twelve may use the hot tub. CONDITION OF RESIDENCE: LeBear Condominiums are privately owned. Tenants and guests are responsible for any damage to the leased or used residence. All tenants are responsible for leaving the property in like condition upon departure and are responsible for damages occurring during occupancy, and are subject to additional charges for damages and excessive cleaning necessary upon departure. 2
RIGHT OF ENTRY: Landlord or his representative may re-enter the leased or occupied premises at any time for the purpose of making repairs or inspecting the premises. BONFIRES AND ACTIVITY PROGRAMS: Check with Guest Services for information on nightly beach bonfires and evening programs. GAMES AND VIDEOS: Games and movies are available in the Clubhouse Commons for your use. Please check with Guest Services for information. PETS: No pets are allowed. NON-SMOKING FACILITY: LeBear Resort is an entirely smoke-free property. EMERGENCIES: There are driving directions to Munson Hospital Emergency in the residence information guides and arrival package. In the event of power failure, there is an emergency LED light in the master bedroom powder room and emergency kits with a flashlight are located in the cabinet under the kitchen sink. 3