SHADOW BEND CONDOMINIUM ASSOCIATION OF SCOTTSDALE RULES AND REGULATIONS REVISED 2012 Shadow Bend s Declaration of Covenants, Conditions and Restrictions (the CC&R s ), authorizes the Board of Director s (the Board ) in Article 6, Section 2 to adopt Rules and Regulations (the Rules ) on behalf of all the members of the Shadow Bend Condominium Association (the Association ). The purpose of these Rules is to further implement the standards found in the CC&R s and to protect the member s rights to enjoy their homes, the Common Elements and to preserve the Association s property values. All Association members (including their guests and/or tenants) are obligated and responsible to ensure that they are in compliance with the CC&R s and these Rules at all times. For the purposes of these Rules, the term resident includes a guest or tenant. Failure to comply will result in enforcement fines per the fine schedule and you will be responsible for any and all charges (ARS 33-1242.A.11). If there is a conflict between these Rules & Regulations and the CC&Rs, the CC&Rs prevail. Definitions The definitions of terms used in the rules and regulations are the same as those found in the CC&R's. Additional definitions are as follows: Machinery Equipment: Shall mean machinery and equipment normally associated with and used in construction. Variances: Variances to the Association Rules and Regulations may be granted by the Board of Directors. A blanket variance to a rule or restriction may also be created by the Board of Directors. Other variances may be granted on a case by case basis depending on the unique circumstances of the situation. A. Animals 1. All animals must be licensed and vaccinated in accordance with local laws. 2. No animals, bird, fowl, reptile or livestock other than generally recognized house pets are allowed in any condominium or anywhere on the Common Elements. 3. Pets cannot be left outside unattended.. 4. No more than 2 dogs can occupy any Unit regardless of the animal's size or weight. The board of directors retains the right to disallow any animal that shows aggressive tendencies. 5. There will be no breeding of house pets for commercial purposes. 6. Dogs must be kept on a leash no longer than 6 feet in length when outside the condominium Unit. 7. Pets must be directly under the condominium owner's control at all times. 8. Owners of pets will be responsible for assuring their pets do not make unreasonable noise or become a nuisance. Complaints regarding barking dogs should be directed to the local police. 9. No structure for the care, housing, confinement, or training of any animal or pet shall be maintained on any portion of the Common Elements or in any Unit so as to be visible from the exterior of the Building in which the Unit is located. 10. Upon the written request of any Unit Owner, the Board of Directors shall determine whether a particular animal or bird is a generally recognized house pet, a nuisance, or whether the number of pets in any Unit is allowable. 1
11. Owners walking pets will be responsible for picking up all droppings. The board of directors has the right to impose a fine to any homeowner who fails to clean up after their pet. B. Antennas & Satellite Dishes Any construction, erection, or modification of anything, permanently or temporarily on the outside portions of the Unit, whether such portion is improved or unimproved shall require written approval from the Board of Directors Satellite Dishes Satellite dishes (one meter or less in diameter) may be installed within the confines of the patio enclosure as inconspicuously as possible. No dishes larger than one meter in diameter are allowed. Cabling should be painted to match the building exterior. The dish should not be fastened to the patio or building walls or ceilings. Dishes may be installed on top of the building (but not on the roof) after permission of the Board, signed agreement by the installer to adhere to installation guidelines and restrictions, and signed agreement by the owner indemnifying the Association for any damage to the Common Elements or Units. Owners may also install a dish: 1. inside the unit. 2. on the balcony below the railing/wall on a mast or tripod See the installation form at the end of this document. C. Balconies and Patios Balconies and patios must be kept clean and neat at all times. 1. No flammable materials may be stored on patios or balconies. 2. No trash may be stored on patios or balconies. 3. Only electric grills may be used on patios or balconies. No gas grills and no charcoal grills are allowed to be used or stored. 4. Patio furniture is the only type or style of furniture allowed on patios or balconies. 5. No offensive sights, sounds, or odors are allowed on patios or balconies. D. Balcony and Patio Shades/sunscreens Roll down sunscreens, roll up shades, and similar blinds are permitted as long as they conform aesthetically to the exterior of the building and are properly maintained. All shading material/designs are subject to the architectural review process prior to installation and must be either tan or brown in color. E. Businesses No gainful occupation, profession, trade or other nonresidential use shall be conducted in any residence, except that an indoor home occupation may be conducted so long as the dwelling continues to be occupied as the principal residence of the person conducting the home occupation and it: 1. Displays no signage 2. Is conducted entirely in doors 3. Is not discernable from outside the dwelling 4. Complies with all laws, ordinances and city codes 5. Does not generate significant additional traffic within the community or cause obstruction of sidewalks or neighboring driveways 6. Does not have more than one employee working in or from such Unit who is not a lawful Resident 2
F. Clubhouse A clubhouse rental form must be completed and signed in order for any party to rent out the clubhouse for any type of event. A $250 refundable deposit is required upon rental and will be returned approximately one week after the rental date. A full refund will be given if the clubhouse is left in the same condition as it was prior to rental. G. Leasing 1. Leases must be at least 90 days in length. 2. Contain the City s Crime Free Lease Addendum. 3. Provide the Association with a signed copy of the lease and addendum. 4. Date of commencement and termination of lease, name of lessee (please also give the phone numbers). 5. Please give a copy of the Rules & Regulations and CC&Rs to the lessee. H. Lights and Light Fixtures 1. There shall be no spotlights or other lights in any Unit which may reflect upon or cause glare to neighboring condominiums. 2. High intensity lights used to illuminate outdoor areas shall be allowed only after obtaining prior written approval of the Board of Directors. 3. Fixtures on patios or balconies must conform to the following: a. The glass is clear or white b. The fixture is brown, brass or black c. Any style is acceptable d. An Architectural Change Request Form must be completed and approved before installation I. Machinery and Equipment Machinery and equipment of any type shall not be placed, operated or maintained upon the Common Elements. J. Motor Vehicles & Parking 1. No vehicle is permitted to be parked in any fire lane at any time. 2. No mobile home, camper, tent camper, travel trailer, bus, recreational vehicle, commercial truck, or boat can be parked on the Common Elements. 3. Automobiles, motorcycles, motor bikes and any other type of vehicle shall not be serviced, repaired, constructed, reconstructed or stored in any Unit or on any common element including the parking area. 4. No inoperable vehicle of any kind can be parked on the premises. 5. All vehicles must be registered and have current license plates and tags. 6. The Board shall assign one covered parking space to each Unit. 7. No parking space shall be used for storage or for any purpose other than the parking of vehicles. 8. The Board has the right to have any vehicle towed when it is violating the rules and regulations. It will be towed at the owner s cost. 9. Motorcycles are not permitted to be parked in any breezeway or sidewalk area. 10. Oil leaks are not permitted. Any motor vehicle with an oil leak must be repaired immediately. The Board of Directors has the right to impose a fine to any home owner who does not promptly repair oil leaks. 11. Guests must park in open, unassigned guest parking areas. See the end of this document for the resolution regarding towing vehicles. 3
K. Nuisances No nuisance shall be permitted to exist anywhere on the premises so as to be offensive or detrimental to any other property in the vicinity, or it's occupants, or to property values: 1. Loud parties shall not be permitted. Parties cannot exceed the boundaries of the condominium. 2. Offensive odors shall not be permitted. 3. Homeowners assume full responsibility for the behavior of their guests. 4. Any condition determined to be unsanitary, unsightly, offensive, detrimental to people or property shall be regarded as a nuisance and will not be permitted. 5. External speakers, bells, horns, whistle and similar devices are not allowed. 6. Trash and debris will not be allowed to accumulate in any location on the Common Elements. 7. No use of golf equipment, baseball equipment, etc. in the association's Common Elements shall be allowed. L. Personal Property Insurance Homeowners are urged to obtain personal property insurance to cover their personal possessions. The blanket hazard and liability insurance policy for the homeowners association does not cover personal property. M. Renters All renters must comply with all rules and regulations. The homeowner will be responsible for the payment of any fines levied in response to rules violations by a tenant who occupies a condominium. N. Report Unsafe Conditions All homeowners and tenants are requested to report any unsafe conditions they may observe on the property. They should report this to the management company. O. Restriction on Subdivision No Condominium shall be further subdivided, or changed in total or part from its original intended use. P. Roofs The installation of solar panels~ air conditioning units, evaporative coolers or other apparatus, structure, or object is not allowed without prior written approval of the Board of Directors. No satellite dishes are to be mounted on the roof. Any damage resulting from the installation of equipment on a roof will be the responsibility of the homeowner. Q. Signs No for sale or for lease signs are allowed on the Common Elements. They must be professional looking (similar to or the same as those purchased at sign companies) and may be placed on the inside of windows. R. Storage and Other Structures 1. Storage facilities, storage sheds and any other structures will not be placed upon or erected on the Common Elements. 2. Storage facilities, storage sheds and any other structures located on a patio should not be visible from the Common Elements. 4
S. Swimming Pool and Spa Rules 1. The swimming pool hours are 9AM to l0pm. 2. No glass is allowed in the pool area. 3. An adult must accompany persons under the age of 16. 4. The pool gate must remain locked. 5. No loud parties are permitted in the pool area. 6. There is no running or rough housing allowed in the pool area. 7. No pets are allowed in the pool area. T. Trash Containers and Collection The trash dumpsters must be kept neat at all times. Residents are expected to pick up their own messes around the dumpsters. U. Trucks, Trailers, Campers and Boats Commercial trucks, motor homes, mobile homes, travel trailers, tent trailers, trailers, detached campers, boats, boat trailers, or other similar equipment or vehicles shall not be parked, maintained, constructed, reconstructed or repaired on the premises of Shadow Bend Condominiums. Pickup trucks with camper shells shall be allowed provided the height of the pickup truck's camper shell does not exceed 7 feet in height as measured from ground level. V. Utility Services Lines, wires and other devices for communication or transmission of electricity, i.e., telephone, television, radio signals, etc., shall not be erected, placed, or maintained anywhere in or upon the Common Elements unless they are contained in a conduit or cable installed underground. The Board of Directors must approve all modifications. W. Window Coverings and Reflective Materials 1. Foil or light reflective materials shall not be placed or maintained in windows or glass areas and these or similar materials shall not be installed anywhere else on any structure or erected on the Common Elements. 2. Window coverings visible to street, Common Elements, or neighboring property must be manufactured for the sole purpose of covering window areas. 3. Window coverings may be non-white color. If current window covering are faded or discolored by the sun, they are in violation. If installing new window coverings, no architectural change request is necessary. 4. No personal property may be displayed on external window ledges. X. Window Installation Windows may be replaced only after obtaining prior written approval of the Board of Directors. If installing double pane glass, ask for gray argon gas. Architectural Control Process 1. No improvements, alterations, repairs, excavation, grading, landscaping or other work which in any way alters the Common Elements of the property shall be made or accomplished without the prior written approval of the Board of Directors. 2. No windows or doors will be changed or altered without prior written approval of Board of Directors. 3. There will be no changes or deviations in or from plans and specifications once approved by the Board of Directors. 5
Architectural submittals can be made by contacting the management company and requesting an Architectural Change Request Form. Return the form to the following address: Shadow Bend Condominiums HOA C/O Golden Valley Property Management PO Box 73259 Phoenix, AZ 85050 The Board of Directors meets periodically and will review submittals at these times. They Board shall have 45 days to review these submittals. After review a written response will be mailed back to the owner indicating approval or disapproval or approval with conditions and any reasons why submittal was disapproved. Your submittal will be kept with the homeowner association's records. Any improvements must also comply with city permitting and code requirements. Blanket architectural approvals The Board of Directors may have a blanket approval for certain screen doors and solar screens. Previously approved screen doors are made by Steel Shield Security Doors (623-581-DOORS) models are Casa Bella and Pueblo. The only colors approved are tan or brown. If you would like a different model, please make that request to the management company through the Architectural Change Request Form. Plans Plans should be submitted with the Architectural Change Request Form showing the modification, addition or change clearly indicated and any relevant information concerning the alterations. Please include two copies with sufficient detail for understanding the submittal. Fees No fees are required for residential architectural submittals. Violations, Disturbances, and Notification Procedures A violation of the CC&Rs/Rules and Regulations will be subject to the following process: 1. Violations and disturbances will be dealt with by sending two consecutive letters to the owner of any condominium where a violation or disturbance is noted. 2. These letters will give the owner an opportunity to correct the disturbance or violation problem. 3. If the problem is not corrected, then the homeowners association will impose a fine and offer an opportunity for the owner to have a hearing. 4. The designated management agent will send the owner a letter stating the owner has thirty days to pay the fine. First and second notification letters A letter requesting the violation be corrected within 10 days will be sent to the owner of the condominium. Third Notification letter A letter win be sent notifying the owner of the property that they have been fined. 6
Resident complaint procedure Any resident may make a formal complaint regarding violations of the CC&Rs or Rules and Regulations. The complaint must be in writing and must include the date and time along with a detailed description of the violation including the people involved. The resident complaining must agree to have their name go in the violation letter to be sent to the violator. The complaint should be mailed, faxed, or emailed to: Shadow Bend Condominiums HOA C/O Golden Valley Property Management PO Box 73259 Phoenix, AZ 85050 Fines for CC&Rs/Rules Violations The Board of Directors in accordance with the governing documents will assess these fines (or such other amount as is deemed reasonable) as follows: First Fine: $100.00 Second Fine: $200.00 Third Fine: $300.00 Continuing fine: $300.00 Assessment Collections (see separate collections policy for full details) 15 days delinquent: First late letter 45 days delinquent: Demand letter/intent to lien 75 days delinquent: Lien filed 105 days delinquent: Referred to board for additional action 7
Date: SATELLITE INSTALLATION FORM To: Shadow Bend Condominium Association Of Scottsdale ( Association ) Re: Installation of Satellite Dish for Unit# The Undersigned, Owner(s) of the above Unit, and Satellite Dish Installer, hereby acknowledge receipt from the Association of a copy of its Rules and Regulations (Revised 2012) concerning installation of Satellite Dishes within Shadow Bend. With respect to the installation of a Satellite Dish for the above Unit, we hereby agree as follows: 1. To abide in all respects with the provisions and requirements of said Rules and Regulations; 2. To maintain same in good, safe and proper condition; 3. To indemnify and hold harmless th00e Association and other Unit Owners against any damages caused or resulting to the Common Elements or nearby Units, or personal injury, as a result of the installation or lack of maintenance; 4. In the event that the Association or any Owner is obliged to file suit on account of failure to abide with Rules and Regulations, properly maintain, or to indemnify as above provided, to pay reasonable attorney fees and court costs to the prevailing party. RULE: Satellite dishes (one meter or less in diameter) may be installed within the confines of the patio enclosure as inconspicuously as possible. No dishes larger than one meter in diameter are allowed. Cabling should be painted to match the building exterior. The dish should not be fastened to the patio or building walls or ceilings. Dishes may be installed on top of the building after permission of the HOA, signed agreement by the installer to adhere to installation guidelines and restrictions, and signed agreement by the owner indemnifying the Association for any damage to the Common Elements or Units. Owners may also install a dish: 1. inside the unit. 2. on the balcony below the railing/wall on a mast or tripod. Satellite dishes may only be installed to any 1 of 3 walls supporting a vaulted tile roof. The dish must be sited low on a corner made by the intersection of any 2 of the 3 supporting walls in such a manner as to minimize the visibility of the dish from the ground and not impede maintenance, repair, or replacement of the heat pumps located on the roof. The fastening points should be sealed to prevent water from getting behind the stucco. Cabling should be firmly attached to the wall (any penetrations sealed) and run low on the wall to a point where it crosses the plane of the roof proper and descends vertically down the building wall. The descending cable should be secured to the wall and any penetrations sealed. Cabling will be black, dark brown, or painted by the installer to match the building exterior (dark brown at present). 8
Under no circumstances can a dish be installed to the flat roof surface. Cable may never penetrate the roof. Cable can only run in the horizontal or vertical. (No diagonal ever) Owner(s) Name Installer Name & Company Name Owner(s) Signature Installer Signature Return to: Golden Valley Property Mgmt Fax: 602-294-0103 or PO Box 73259, Phoenix, AZ 85050 9
SHADOW BEND CONDOMINIUM ASSOCIATION OF SCOTTSDALE Board of Directors Resolution A. Section 4.13 of the Declaration prohibits any inoperable vehicle from being stored upon any portion of the Condominium. Inoperable is therein defined as covered by a tarp or car cover for more than 72 consecutive hours or not moved under its own power for any period exceeding 3 consecutive weeks ; B. Section 6.2 of the Declaration authorizes the Board of Directors to adopt, amend, and repeal rules and regulations governing the use of any area within the Condominium which is subject to the Association s jurisdiction and control; C. Section 4.13 also provides that the Board of Directors shall have the right to have any vehicle parked, kept or maintained in violation of the Condominium Documents towed away at the sole cost and expense of the owner of the vehicle. Therefore, pursuant to authority vested in the Board of Directors by the above provisions, it is hereby resolved as follows: 1. The Board of Directors hereby adopts the following Rule: Any vehicle having one or more flat tires and which is parked in any unassigned (uncovered) parking space within the Condominium shall be deemed inoperable if the owner thereof fails/refuses to repair same or remove the vehicle from the Condominium within 48 hours after having been notified in writing to do so (Unless the owner thereof is unidentifiable, in which case no such notification shall be required). 2. Management is hereby authorized and directed to tow any inoperable vehicle, as defined in Section 4.13 of the Declaration or the above Rule, from any unassigned (uncovered) parking space within the Condominium. 3. A copy of this Resolution shall be mailed or otherwise delivered to each Unit Owner. This Resolution was duly adopted by the Board of Directors at a regular meeting thereof on the 30 TH day of August, 2011. signature on file Secretary 10
SHADOW BEND CONDOMINIUM ASSN OF SCOTTSDALE PO Box 73259, Phoenix, AZ 85050 602-294-0999 (office) 602-294-0103 (fax) ARCHITECTURAL CHANGE REQUEST APPLICATION NAME(S): ADDRESS: UNIT # PHONE: (home) (work) NOTE! A MAXIMUM OF 45 DAYS IS REQUIRED TO PROPERLY REVIEW AND RESPOND TO IMPROVEMENT REQUESTS. IF NO ACTION TAKEN BY THE COMMITTEE OR BOARD, THIS REQUEST IS DENIED. Prior to committee review, the homeowner must sign to verify that: 1. Association fees are paid and current. 2. No liens and/or fines are owed to the Association. 3. I understand and agree that: A copy of this request shall be returned to me after review by the Architectural Committee. No work on this request shall commence until written approval by the Architectural Committee has been received. APPLICATION INSTRUCTIONS: In addition to this application, you will need to submit the following attachments: A: Full details of purpose and/or reason for improvement. B: Site plan with location of improvement drawn to scale. Note distance from property lines. Show relationship of improvement to neighboring homes and/or open spaces. C: Scale drawings and/or illustrations showing design of proposed improvement and relationship to existing house. D: Type, color and size of improvement and materials. 1. Description of work to be done: 2. Type of materials to be used: 3. Color(s) to be used (include sample paint chips or materials if appropriate: 4: Dimensions of structure (heights, width, etc) if applicable: 11
5: Work to start within days of approval. Work to be completed within days after approval Will permits from City of Phoenix be required? Yes No Contractor Name: Address: Phone No: License No: Insurance Company: Architectural Committee requests will be returned within 45 days. Requests will be approved, denied or returned for additional information. All approved requests are subject to an Architectural Committee completion review to assure the project has been completed as approved. If deviation from the approved requested has occurred the homeowner will be responsible for taking corrective action within 30 days to adhere to the request approval as granted. HOMEOWNER SIGNATURE DATE REJECTED. Explanation follows. REVIEW/REVISION. The following revision and additional submission are required to meet Shadow Bend guidelines. REVIEW WITH CONDITIONAL APPROVAL. The Architectural Design Form with the following changes required. REVIEW WITH APPROVAL. The Architectural Design Form submitted has met the requirements of Shadow Bend. This approval constitutes issuance of the Certificate of Approval. This approval is subject to all applicable City and State permits, codes and regulations. These are the responsibility of the homeowner. APPROVED BY: Committee Member Committee Member Committee Member Date Date Date COMPLETION REVIEW OF REQUEST COMPLETION APPROVED: Date 12