BRYANT GARDENS CONDOMINIUM ASSOCIATION, INC. PO Box 250, Simpsonville, Maryland 21150-0250 BRYANT GARDENS CONDOMINIUM PARKING RULES EFFECTIVE JULY 1, 2017 APPLICABILITY: The following Bryant Gardens Condominium Association Vehicle Parking Rules shall apply to any and all vehicles parked in the Bryant Gardens Community. This policy shall supersede any and all previous parking policies distributed within the Bryant Gardens Community and will go into effect July 1, 2017. The Board of Directors reserve the right to change or revise these rules as needed. POLICY AND PROCEDURES: I. Primary Use of Parking Facilities: The Bryant Gardens Condominium Association s Parking Areas shall be for the primary use of residents and for the temporary use of their visitors. Nonreserved parking spaces are to be utilized on a first-come-first-serve basis. Violators of these rules may be subject to fines, immediate towing as specified in Section V of this document, or further legal action as deemed necessary by the Bryant Gardens Board of Directors. II. Reserved Parking Spaces: a. Each unit is assigned one (1) numbered "Reserved" parking space in the Common Area Parking Lots for the sole use of the corresponding unit residents. Reserved spaces are non-transferable between unit owners except upon written approval from the Board of Directors. All residents shall be required to use their assigned parking space on a routine basis before using available unmarked spaces. Unauthorized vehicles parked in Reserved spaces are subject to towing, without prior notice and at the vehicle owner s risk and expense, as specified in Section VIII of this document. b. Vehicles parked in reserved spaces must clearly display an assigned Bryant Gardens Parking Permit hang-tag in the windshield of the vehicle. Parking Permits shall be issued by the Bryant Gardens Condominium Property Manager. Owners are responsible for obtaining and distributing parking permits to their tenants. The Bryant Gardens Board of Directors reserves the right to charge a reasonable fee for replacement parking permits. III. Restrictions: Vehicles in violation of these provisions are subject to towing at the vehicle owner s risk and expense, as specified in Section V of this document. a. Use Restrictions: No motorized vehicle may be driven or parked anywhere within the community except in Common Area Parking Spaces. Only head-in parking is permitted in Reserved and unmarked parking spaces, except during the presence of snow and/or ice on parking lots. All unmarked spaces are for the temporary use of invitees and guests on a first-come-first-serve basis. They may also be used, if necessary, by Bryant Gardens residents only after their Reserved space has been utilized. b. Improperly Parked Vehicles: Vehicles must fit within the lines of a marked space. No oversized or commercial vehicles shall be parked in the Bryant Gardens Community, nor shall any vehicle block the free flow of traffic, park anyone else in, or park on or adjacent to any curb.
BRYANT GARDENS CONDOMINIUM PARKING RULES 2 c. Passenger Vehicles Only: The Common Area Parking Lots are to be used solely for parking passenger vehicles; they are not to be used for the storage of any items other than vehicles, nor can recreational vehicles, trailers, buses, vehicles with greater than three (3) ton capacity, with more than four (4) wheels, or two (2) axles, greater than 21 feet in length, boats, or any other machinery or equipment be stored in the Common Area Parking Lots. d. Commercial Vehicles: Commercial vehicles are prohibited throughout all categories of spaces within the Common Area Parking Lots of the Bryant Gardens Community. i. Commercial vehicles are defined as any vehicle with commercial license, license plates, lettering on its body, or with ladders or other work equipment. Any vehicle to include any car, truck, or van used or designed principally to be used for commercial, business, or industrial use. Any taxicab or other vehicle prominently displaying a commercial logo, message or identification. ii. Short-term parking of commercial vehicles between the hours of 8:00 AM and 6:00 PM is permitted. Overnight parking is not permitted anywhere on property. e. Vehicle Repairs: No major repairs or any vehicle repairs involving the discharge of fluids may be performed in the Common Area Parking Spaces. f. Abandoned, Stored and Junk Vehicles: Long-term storage or abandonment of vehicles in the Common Area Parking Lots is not permitted. Abandoned, stored or junk vehicles are subject to being towed at the vehicle owner s risk and expense, as specified in Section V of this document. A vehicle shall be considered abandoned, stored, or junk if: i. The vehicle is parked and is not driven regularly for a period in excess of thirty (30) days ii. iii. iv. The vehicle is in disrepair, is not running, or is not road-worthy The vehicle is not properly registered or is not properly displaying license tags and registration stickers as governed by the laws of the State of Maryland The vehicle in any way presents a risk to the safety of members of the Community v. The vehicle is leaking any fluids or is in any other way presenting a risk to the Common Area Parking Lots themselves g. Portable Storage Containers ( PODs ): Residents must request the placement of a portable storage container (often called a POD ) within the Bryant Gardens Community. Requests will be considered on a case by case basis with approval being contingent upon location, size, and duration of presence in the Community as well as impact to surrounding neighbors. If approved, storage containers must be placed in either the resident s reserved space or another designated space within the community per the discretion of the Board of Directors and may not remain in the community longer than ten (10) days. Failure to comply may result in the POD style container being removed at the owner s risk and expense.
BRYANT GARDENS CONDOMINIUM PARKING RULES 3 IV. Requests for Temporary or Longer Term Waivers: Residents may request a short or long-term waiver to any portion of this parking policy by written request to the Bryant Gardens Board of Directors. A waiver request is granted by affirmative vote of a majority the Board of Directors. V. Towing: Any vehicle in violation of any of the above rules as well as any Covenants, By-Laws or other rules adopted by the Bryant Gardens Condominium Association may be removed from the Common Area Parking Lots at the vehicle owner s risk and expense. As per Howard County Code, only the Property Manager or a designated officer of the Board of Directors may authorize the towing of a vehicle. a. Towing From Reserved Spaces: Unauthorized vehicles may be removed from a resident s assigned Reserved space immediately and without notice. Requests for removal of unauthorized vehicles from Reserved" spaces should be submitted to the Property Manager. Requests may only be submitted by the Reserved space resident assignee. b. Towing Costs and Liability: The Association assumes no responsibility for damages that may occur during a vehicles removal or for the contents of that vehicle after it has been removed. All costs associated with the removal of a vehicle in violation of the provisions of this Parking Policy are the responsibility of the vehicle owner and such costs may be collected in the same manner as an assessment owed to the Association. Towing rates are established independently by the towing company and are controlled by Howard County Law and are not the discretion of the Bryant Gardens Community Association.
BRYANT GARDENS CONDOMINIUM ASSOCIATION, INC. PO Box 250, Simpsonville, Maryland 21150-0250 I. GENERAL RULES BRYANT GARDENS CONDOMINIUM FINE POLICY EFFECTIVE JULY 1, 2017 The Declarations for Bryant Gardens Condominium permit the board to promulgate rules subject to the Declarations and By-Laws. It also obligates the Unit Owners to be subject to those rules. According to Article 2.5.11 Powers and Duties of the Board of Directors, Section B, Paragraph XIII, Item 2, The board shall Enforce compliance with the Rules and Regulations by injunction or such other legal action or means as the Board of Directors deems appropriate including the levying of fines against any Unit Owner and the inclusion of such fines in the Unit Owner s annual assessment, which shall be collectible as such In simple terms, the Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Unit Owners and their guests thereon, and to establish penalties for the infraction thereof. II. FINE PROCEDURE Prior to the imposition of any fine, the Board of Directors shall comply with the following procedures: a. Demand: The Board shall send a written demand letter to the alleged violator specifying the following: 1. The alleged violation. 2. The date the violation was observed and photographic evidence if possible. 3. The action required to abate the violation. 4. A time period of not less than ten (10) days during which the violation may be abated without further sanction. If such violation is continuing, or for non-continuing violations, a statement that any further violation of the same provision may result in the imposition of a sanction after notice and a hearing. b. Notice: If, within twelve (12) months of the aforementioned demand letter, the violation continues past the specified period for abatement or if the same rule is subsequently violated, the Board shall serve the alleged violator with written notice of a hearing to be held. The notice shall contain the following information: 1. The nature of the alleged violation. 2. The time and place of the hearing, which shall not be less than ten (10) days from the date of the notice. 3. An invitation to attend the hearing and produce any statement, witnesses, or evidence on his or her behalf. 4. A statement that failure to attend the hearing may result in the automatic imposition of a sanction. 5. The proposed sanction to be imposed. III. HEARING: At the hearing, the alleged violator has the right to present evidence, present witnesses and cross-examine witnesses. The hearing shall give the alleged violator an opportunity to be heard. Proof of notice and invitation to be heard, shall be placed in the minutes of the hearing. The minutes
BRYANT GARDENS CONDOMINIUM ASSOCIATION, INC. FINE POLICY 2 of the hearing shall contain a written statement of the results of the hearing, including any sanction imposed. A decision pursuant to these procedures shall be appealable to the courts of Maryland. If the hearing finds in favor of the Condominium and the resident still does not remedy the original violation by an established date, the Fine Schedule below becomes enforceable without a hearing for each fine provided. A Unit Owner, at any time, may provide additional evidence to the Board relevant to the original violation. The Board may decide at its discretion if an additional hearing would assist their decision. IV. FINE SCHEDULE a. Notices of Violations: Notices will be mailed and will include the date, type, number of the violation and cost of the violation. Photos will be provided if possible. Residents may report violations in writing through the property manager s website. The recipient of a concerned neighbor violation will not know the source of the complaint; however, anonymous reports will not be addressed. b. Assessment of Fines: Fines will be assessed as follows: 1. 1st violation will result in a written warning and remedy deadline (see Demand). 2. 2nd violation of a similar kind will result in a $100 fine. 3. 3rd violation of a similar kind will result in a $175 fine. 4. 4th violation of a similar kind will result in a $250 fine. 5. Each subsequent similar violation will result in $250 fine. 6. If the condition is cured and remains cured for one (1) year, the process will begin again as a 1st violation. c. Definition & Example: The 2 nd notice for a violation, or the 2 nd violation of a similar kind, will result in a $100 fine and each subsequent similar violation will incur an additional fine as noted above. Example: The second notice falling under the violation category of Owner Maintenance will receive an initial $100 fine. This can be any combination of the requirements specified in the first notice. If the first notice specified a porch repair, trash pick-up, and planting, a second notice could include just the porch repair or the trash pickup. d. Collection of Fine: When a fine is assessed, the owner will receive the notice of violation along with an invoice showing the fine has been added to their assessment account. An owner will have the opportunity to contest any fine that is assessed against their assessment account. The process will be stated on the notice. Additional violations based on the fine assessment schedule above will be automatically issued for all unresolved issues every 30 days until they are resolved. Unpaid fines and all associated and allowable collection costs will be pursued through the appropriate court of law, after they are 45 days overdue. V. OTHER REMEDIES: In addition to levying fines, the Board may utilize any and all other remedies available to it in law or equity to enforce the Maryland Condominium Act, the Declaration, the By- Laws, or the Rules against the violator. The enforcement and collection of these fines shall be subject to and afforded the same privileges set forth in Article 2, Section 5 of the By-Laws. Bryant Gardens Condominium may also coordinate ongoing violations enforcement with remedies at the Village and Columbia Association level if needed. If fines are not paid and the violations continue to occur, such actions would irreparably harm the quality of life for the Council of Unit Owners. These fines shall be assessed in order to enforce the rules promulgated by the Board, but they shall not constitute an adequate remedy for failure to comply with these rules or prevent the Board from seeking equitable remedies such as an injunction if the facts permit.