Contents I Conduct... 1 1.1 Noise... 1 1.2 Gatherings... 1 2 Eligibility for Board of Directors... 1 3 Unit Rentals... 1 4 Written Approvals Required... 2 5 Use of the Condominium... 2 6 Changes to Common or Limited Common Area... 3 7 Mulch Beds... 3 7.1 Mulch Beds Maintained by Association... 3 7.2 In Lawn Areas... 4 7.3 Unit Owner Maintenance of Mulch Beds... 4 7.4 Plantings... 4 8 Changes to the Outside of the Unit... 4 9 Changes Inside The Unit... 5 10 Holiday Decorations... 5 11 Display of Flags... 5 12 Vehicles and Parking... 5 13 Speed Limits... 8 14 Signs and Postings... 8 15 Personal Property... 8 16 Firewood... 8 17 Bird Feeders... 8 18 Grills, Fire Pits, Fireplaces, Wood Stoves... 9 19 Air Conditioners... 9 20 Satellite Dishes... 9 21 Fireplace, Wood Stove & Chimney Inspections... 10 22 Furnace Inspections/Servicing... 10 24 Communications with Board Members... 11 25 Trash Collection... 11 25.1 Regular household trash... 11 25.2 Recycling... 11 25.3 Storage of Trash... 11 25.4 Placement of Trash for Pickup... 12 25.5 Dumpster Usage Prohibited... 12 Page-i
26 Pets... 12 26.1 Dogs... 12 26.2 Cats... 13 27 Septic Tank/Leech Fields... 13 28 Amenities Use... 13 28.1 Swimming Pool... 13 28.2 Tennis Court... 15 28.4 Amenities Keys... 15 29 Outside Sports Activities... 15 30 Yard Sales... 15 31 Bees, Hornets, Wasps, Ants... 15 32 Work Requests... 16 33 Unoccupied Unit... 16 34 Helmets and Reflective Markings... 16 35 Requests, Disputes, Concerns... 17 36 Appeal of a Board Decision... 17 37 Reporting a Violation of the Declaration, Bylaws or Rules... 17 38 Fines, Costs and Other Penalties for Violations... 18 38.1 Fee payment obligations:... 18 38.2 Late Document Fines... 18 38.3 Other violations of the Declaration, Bylaws or Rules:... 18 38.4 In addition to the above:... 19 Page-ii
I Conduct Residents living in a close community, such as in a condominium, must be considerate of their neighbors. No one individually owns any part of the Common Area or Limited Common Area, so we have no individual control over any part of the Common Area. In any instance where noise or behavior becomes excessive or abusive, or personal property is violated, residents may contact the Milford Police for assistance. 1.1 Noise At Great Brook, 'quiet time' is 10 PM to 6 AM, except 11 PM Friday to 7 AM Saturday, 11 PM Saturday to 8 AM Sundays, and 11 PM on the eve of holidays to 8 AM on the holiday. 1.2 Gatherings In the event of a large gathering, owners and residents must notify Management prior to the event. 2 Eligibility for Board of Directors As the Board is obligated to vote on Association matters, and as the Board is obligated to ensure compliance with the provisions of the governing documents, it is unreasonable for any Unit Owner to serve on the Board who is in violation of these documents. Accordingly, at a minimum, the following are conditions for candidacy for a position on the Board of Directors: 2.1 The Unit under the then current ownership must not have been in arrears in payment of all fees and other charges owed to the Association during the preceding six (6) months. 2.2 In the event that any sitting Board member becomes and/or remains delinquent, in any amount for a period of 60 days, his or her position on the Board will be deemed to have been vacated. 3 Unit Rentals 3.1 Owners may rent their units. Page-1
3.2 A copy of the Lease must be provided to the Association via Management. A Lease is required by the Bylaws. A Lease must be in writing, and must be specifically subject to the Declaration, Bylaws and Rules. A copy of the signed Lease is due to Management by the 10th of the month following the effective date of the Lease or the date of occupancy by the tenant, whichever is sooner. A Late Document Fine may be assessed each month until such time as the Lease has been received as required. 3.3 The Unit Owner is ultimately responsible for the conduct of their Lessees, etc. The Association requires all Owners to include language in the Lease regarding obligations to comply with the Declaration, Bylaws and Rules of the Association. 4 Written Approvals Required Verbal approvals are not given, nor should any requester interpret any discussion with Management or with members of the Board as having been any type of approval. Approvals are only provided in writing. 5 Use of the Condominium 5.1 The Condominium may be used for residential purposes only. 5.2 Occupancy must not exceed four (4) individuals who are not related or six (6) individuals all related, per the Bylaws. 5.3 No one may obstruct the use of the Common Area or Limited Common Area. No one may cause any damage beyond normal wear and tear to the Common Area or Limited Common Area. 5.4 No use of the Common Area can be permitted that would increase the rate of insurance for the Association. 5.5 Nothing can be removed or added to the Common Area without the prior written approval of the Board of Directors. 5.6 No laundry or exterior window coverings shall be hung or otherwise placed on any part of the Common Area. Page-2
6 Changes to Common or Limited Common Area 6.1 No Unit Owner or resident shall, without the written permission of the Board of Directors: 6.1.1 Make or permit to be made any structural alteration, improvements or addition to the Common Area or Limited Common Area, or take or permit any action to be taken that will impair the structural integrity or safety of the building or other structure on the property, including his living space. 6.1.2 Paint or decorate any portion of the exterior of any building or structure on the property. 6.2 In addition to all other penalties referred to elsewhere in this Guide or provisions of the Town of Milford, failure to obtain all required written approvals and permits may result in a requirement that the area be restored to prior condition at the Unit Owner's cost. 6.3 External decorations are not allowed except as approved in writing by the Board of Directors with the exception of door knockers. 7 Mulch Beds 7.1 Mulch Beds Maintained by Association The following standards will generally be required in order to provide continuity throughout the Association; 7.1.1 There will be no installed border materials allowed (example: fencing, bricks, pavers, tubing, etc.) in or at the mulch beds in the front and sides of any Unit with the exception of 4x4 landscape timber. 7.1.2 The depth of mulch beds in the front and sides of Units may not be extended. No new mulch beds can be added, nor can any existing beds be changed in size unless specifically approved in writing by the Board. 7.1.3 Solar lights only will be allowed in the mulch beds, with the approval of the Board of Directors. Page-3
7.1.4 Side mulch beds will be limited to five (5) feet in depth measured from the foundation. 7.2 In Lawn Areas No free standing mulch beds or other plantings may be added to or maintained by any Unit Owner or resident on any part of the unassigned Common Area without the express written approval of the Board. 7.3 Unit Owner Maintenance of Mulch Beds A Unit Owner may maintain the beds immediately in front, to the side and the rear of the unit under the following condition: 7.3.2 Any changes, additions or removals must be specifically requested in writing to the Board of Directors, presenting as much detail as possible. 7.3.3 Only mulch supplied by or approved by the Board may be installed in any mulch bed on the unassigned Common or Limited Common Areas. 7.3.4 No lawn ornaments are allowed. 7.4 Plantings 7.4.1 Bushes or trees cannot be planted without the prior written approval of the Board of Directors anywhere on the Common Area including on any part of the Limited Common Area. 7.4.2 Flowers may be planted in original mulch beds without seeking written approval. The Unit Owner, however, assumes all associated risk for the maintenance and removal, when appropriate, for such plantings. Flowers cannot hang over the lawn area or otherwise interfere with ease of mowing. 7.4.3 Shrubbery and flowers must be maintained in a manner so as to not grow in contact with a building. 8 Changes to the Outside of the Unit No changes may be made to the outside of the Unit without the written permission of the Board of Directors except as otherwise specified in this document. Page-4
9 Changes Inside The Unit Unit owners may make changes to the inside of their units without permission from the Board of Directors, so long as the structural integrity of the building is not negatively affected. However, Unit owners are responsible for obtaining any permit required by the Town of Milford and providing the Association with a copy of it. Additionally, the Unit owners are obligated to advise the Association so that the unit profile may be kept up to date. 10 Holiday Decorations 10.1 Non-religious holiday lights and decorations are allowed on the Common Area adjacent to a Unit from Thanksgiving weekend through January 31 each year. No lights or decorations, however, may be placed on any buildings. Such items may be placed on trees and shrubs provided no wires or decorations are placed in such a way that pose a hazard to person or property. Exception: Holiday wreaths can be placed on and remain on doors throughout the winter season. 10.2 Lights and decorations for other holidays can be placed two (2) weeks prior to the holiday but must be removed not later than two weeks after the holiday. 11 Display of Flags A flag pole for the purpose of displaying the American Flag may only be attached to the corner board of the building. If the American flag is displayed it must be done in a manner which complies with accepted etiquette. A list of the rules that apply to the display of the American flag may be obtained at http://www.legion.org/pdf/flagcode.pdf. 12 Vehicles and Parking Except with written permission of the Board or Management on behalf of the Board, the following applies to all parts of the Common Area including the Limited Common Area: Page-5
12.1 All vehicles parked on the Common Area must appropriately display evidence of current registration and current inspection sticker, and be otherwise road ready. Because driveways are Limited Common Area and therefore part of the Common Area, this includes vehicles parked in driveways. It does not include garaged vehicles. 12.2 Motorcycles and motorbikes cannot be parked on any part of the Common Area. 12.3 Vehicles parked on the byways of Great Brook (but not driveways or Great Brook Road) are limited to seven (7) feet in width to permit the passage of emergency vehicles. 12.4 Parking of vehicles is restricted to the paved parking lots, driveways and roadways except as follows: 12.4.1 From November 15 to April 15 one vehicle per Unit may be parked on the lawn areas, adjacent and parallel to the driveway. The Unit Owner must repair any damage caused by such parking. If damage is not repaired by the Unit Owner, the Association reserves the right to coordinate such repairs with associated costs charged back to the Unit Owner. 12.4.2 From November 15 to April 15 no vehicles may be parked on the byways of Great Brook during storm conditions. From November 15 to April 15 no vehicles may be parked overnight on Great Brook Road, per Milford Town Ordinance. 12.5 Parking on byways when permitted must be done in a manner that does not interfere with emergency vehicles or traffic flow, and does not interfere with access to driveways. 12.6 Overflow parking must be at the pool area parking lot under the defined conditions listed below. 12.7 Motorized homes, mobile homes or trailers cannot be parked overnight on any of the Association roadways except as follows: During active loading and unloading or cleanup, motor homes, mobile homes or trailers can be parked at the Unit for 24 hours so long as it does not interfere with ease of traffic flow on any road or any maintenance Page-6
activity. The Owner must assume all liability in the event of damage due to traffic of emergency vehicles. 12.8 Motor homes, mobile homes, boats, trailers and overflow vehicles may be parked only at the pool area parking lot as follows: 12.8.1 The name, Unit address, and phone number of the Unit Owner must be displayed in or on the vehicle in a location and manner where easily visible at all times. 12.8.2 Parking of motor homes and trailers over 20 feet in overall length is limited to the five (5) spaces on the tennis court side of the lot adjacent at the basketball court end. No other vehicles can be parked or stored in these defined parking spaces. 12.8.3 Parking of overflow vehicles overnight is restricted to the tennis court side of the lot, on a first come first served basis. 12.9 Boats must be on trailers and parked at the pool area parking lot. Trailers shall be secured by blocks at the tires to prevent any rolling. 12.10 Recreational vehicles such as snowmobiles or All Terrain Vehicles (ATVs) cannot be operated on any part of the Common Area or Limited Common Area. 12.11 Recreational vehicles such as snowmobiles or All Terrain Vehicles (ATVs) cannot be stored on any part of the Common Area or Limited Common Area except when on or in a trailer or other permitted vehicle. 12.12 Vehicles that leak any fluids must be promptly repaired. Identified unit owners will be responsible for all costs of repair to the Common Area or Limited Common Area. 12.13 Vehicles parked anywhere outdoors must be moved as and when needed to facilitate Association maintenance activities, including grounds maintenance and snow removal. Page-7
13 Speed Limits 13.1 The speed limit on Great Brook Road is 25 mph, but should be appropriately adjusted during hazardous road conditions. 13.2 The speed limit on the Association roadways is 15 mph, but should be appropriately adjusted during hazardous road conditions. 14 Signs and Postings 14.1 No signs may be posted or displayed on any part of the Common Area or Limited Common Area, including on any building, or in or on any window where it is visible from the outside. 14.2 No notices or other postings of any kind may be posted on the Common Area except by the Board of Directors or Management, including on mail box banks. 15 Personal Property 15.1 Personal property may not be stored on the common area. 15.2 Items such as grills, picnic tables and chairs, bikes, toys, etc., can be on the unassigned Common Area when in use, but may not be left overnight or when not in use. 16 Firewood Firewood may not be stored on the Common Area or on the Limited Common Area. Such storage is limited to the garage, inside the Unit or the alcove behind the garage. 17 Bird Feeders 17.1 Unit Owners assume the risk associated with any damage caused by any bird feeders placed on any part of the community. 17.2 Bird feeders may not be placed on any part of the lawn area, on any building or any porch. Page-8
18 Grills, Fire Pits, Fireplaces, Wood Stoves As the Association must take appropriate steps to reduce risk of fire, there must be appropriate restrictions regarding the use of grills, fire pits, etc., on any part of the common areas, including the limited common areas. 18.1 Gas grills are allowed on the decks so long as they are moved not less than 36" away from the rails or building when in use. 18.2 Charcoal grills and gas burners are not allowed on the decks when in use and must be kept not less than 36" away from the building when in use. Additionally, at no time can a charcoal grill be unattended while still hot. 18.3 Fire pits or chimineas of any kind cannot be used at any location at Great Brook, including on the unassigned or limited common area. 18.4 Wood burning inserts are not permitted in any fireplaces at Great Brook. If any are found to be installed in the event of a fire, the Association insurance may not cover the loss and the offending unit owner may be responsible for the full value of any repairs or replacements required. 19 Air Conditioners 19.1 Window air conditioners can be placed in the windows from April 15 to November 15 each year. 19.2 No other air conditioning unit can be added or installed without the prior written approval of the Association. 20 Satellite Dishes Satellite dishes may be installed at Great Brook under the following conditions: 20.1 Prior to installation, the requesting Unit must advise Management of the intent so as to insure appropriate understanding of the conditions required and so that the Unit file can be appropriately annotated. 20.2 Placement must be on a corner board of the Unit at roof level. 20.3 The dish may not be more than one meter (39") in diameter. Page-9
20.4 The wires must be sufficiently secured so as to not flutter or be noisy during windy conditions. 20.5 When removed, the Unit Owner must repair the area where the dish had been installed as well as any other damage it may have caused. Any subsequent Owner would assume responsibility if any such repair was not accomplished, as required, by a previous Owner of the Unit. 21 Fireplace, Wood Stove & Chimney Inspections 21.1 Each year all fireplaces, wood stoves, and their chimneys must be inspected between May 1 and November 1, and a copy of the inspection report must be forwarded to Management in time so as to be received not later than November 10. 21.2 In the event the report is not received as required, a Late Document Fine is assessed to the Unit account each month until such time as the report has been received. 21.3 Any repair identified by the inspector for which the Unit Owner is responsible must be accomplished prior to further use of the fireplace. 21.4 The Association reserves the right to schedule an inspection at Unit Owner cost in the event of any continued non-compliance. 21.5 The inability of a Unit Owner or resident to obtain an appointment on the timely basis required for the inspection or failure to forward the report by the required date shall not be grounds for waiver of fines assessed. 22 Furnace Inspections/Servicing 22.1 Each year all furnaces must be inspected and cleaned as needed, between May 1 and November 1, and a copy of the report or invoice validating the inspection or cleaning must be forwarded in time so as to be received by Management not later than November 10. 22.2 In the event the report is not received as required, a Late Document Fine is assessed each month until such time as the report has been received. 22.3 The Association reserves the right to schedule an inspection at unit owner cost in the event of any continued non-compliance. Page-10
22.4 The inability of a Unit Owner or resident to obtain an appointment for the inspection or servicing, or the failure to forward the report by the required date shall not be grounds for waiver of fines assessed. 24 Communications with Board Members 24.1 All Owners and residents are required to be respectful of the Board Members' privacy and of their time. Any specific issues or requests for the Board must be submitted to them in writing in care of Management who will then include it on the agenda for the next Board meeting. 24.2 No verbal communication should be interpreted as granting of any approval by the Board or any member of it. 25 Trash Collection 25.1 Regular household trash Regular household trash is currently picked up once per week, on Wednesdays. Please have your trash out not later than 7:00 a.m. Disallowed items include: Construction debris and materials (paint cans, wood, carpeting) Automotive debris (batteries, tires) Appliances (small or large, such as toasters, refrigerators, dryers) Toxic liquids or the containers used for them (paint, automotive batteries) 25.2 Recycling Recycling is a single stream process currently managed by the trash removal contractor. Separating or cleaning recyclables is not required. Items are separated from weekly household trash by the trash removal contractor. 25.3 Storage of Trash Trash cannot be stored on the Common or Limited Common Area. Page-11
25.4 Placement of Trash for Pickup Trash for pick up must be bound in an appropriate closed trash bag. Trash must not be brought out until the day of scheduled pickup. On the day of scheduled pick up, trash must be out not later than 7:00 a.m. 25.5 Dumpster Usage Prohibited From time to time, dumpsters may be placed on Association property by contractors or the Association for their exclusive use. Any other use of these dumpsters is prohibited. If a contractor is providing services to the interior of a unit. The unit owner will need to ask for permission from the association. 26 Pets Household pets are allowed at Great Brook. 26.1 Dogs Dog owners come to know the personality of their pet and are often certain they will do no harm to either the grounds or other people. However, others in the community may be annoyed or frightened by them regardless of how gentle they may appear, or how trained the pet owner may believe their pet is. Therefore, in addition to the requirements of the Town of Milford and State of New Hampshire regarding dogs, the Association must insure appropriate restrictions to control those we have among our population as follows: 26.1.1 All dogs must be licensed with the Town of Milford. 26.1.2 All dog owners must show evidence that their dog has all required licenses and vaccinations when requested by management or a member of the board. 26.1.3 Dogs must be leashed at all times when on condominium property. Voice control is unacceptable. 26.1,4 Dogs may not be tied to any structure or confined on porches, decks, garages or any part of the Common Area. Page-12
26.1.5 Regardless of where the dog may relieve itself, including any wooded area, their solid waste must be immediately picked up and brought back to the Unit for appropriate disposal. 26.2 Cats With the close proximity to wild life, all cat owners allowing their pet to be outside are encouraged to carefully consider the safety risk to their pet. 26.2.1 While the Association recognizes that most cats take care of their biological needs in wooded areas, they can also be known to do so in commonly used areas such as mulch beds. Unit Owners, therefore, are responsible for knowing the habits of their pet and picking up after it when it takes care of its biological needs. 26.2.2 All cat owners assume all risk to their pet if it is allowed outside. 27 Septic Tank/Leech Fields Garbage disposals are not allowed at Great Brook because of our fragile septic systems. The use of liquid laundry and dish detergent is recommended. Flushing of wipes, feminine products, cloth products, grease or other food products is prohibited and if found to cause a blockage, the offending unit will be assessed for the cost of any necessary septic service. Solid objects, such as child's toys, rags, etc. may not be introduced into any septic system at Great Brook. 28 Amenities Use 28.1 Swimming Pool 28.1.1 There is no lifeguard. Those using the pool do so at their own risk. 28.1.2 The swimming pool is generally opened from Memorial Day weekend through to at least Labor Day. Pool hours are 7:00 a.m. to 10:00 p.m. The Association must, however, reserve the right to close it earlier when certain water treatments or pool maintenance may be required. 28.1.3 Use is restricted to those Units for which all fees owed to the Association are current and for which there are no violations not corrected upon notification. Page-13
28.1.4 Keys are required for access to the pool enclosure. 28.1.5 The gate should not be opened for those who claim they have forgotten their key. The gate must be kept closed at all times except when entering or leaving the pool enclosure. 28.1.6 Guests are limited to not more than three (3) per unit. An adult resident of the Unit must accompany their guests when they are at the pool. The Unit Owner is responsible for the behavior of their guests. 28.1.7 Children under the age of 16 must be accompanied at the pool by an adult resident of not less than 18 years of age. 28.1.8 Attire other than bathing suits is not allowed in the pool. 28.1.9 Pets, loud music/radios, or alcoholic beverages are not allowed in the pool enclosure. 28.1.10 Trash must be disposed of in the proper receptacle. 28.1.11 Due to health considerations, diaper-aged children are not allowed in the pool no matter how much they may appear to be `clean'. Recognizing the need for infants and toddlers to also enjoy a pool, the Association allows Owners to bring small portable pools to the pool area which can be easily filled and emptied by the available hose. 28.1.12 Individuals with skin rashes, nasal or ear discharges, colds or other communicable disease or illness may not use the pool. 28.1.13 Running, rough play, splashing, foul language or other such inappropriate behavior is not allowed. 28.1.14 For safety reasons, diving is not allowed. 28.1.15 No glass of any kind, except prescription eyewear, is allowed within the pool enclosure. Page-14
28.2 Tennis Court 28.2.1 The tennis court is restricted to tennis use only. Skateboarding, street hockey, bicycle riding or any other such activity is not permitted at any time on the tennis court. 28.2.2 Keys are required for access. The gate should not be opened for those stating they left their key elsewhere, 28.2.3 Only white-soled court shoes are allowed in the tennis court. 28.2.4 Play is limited to one hour when others are waiting to use the courts. 28.4 Amenities Keys 28.4.1 Unit Owners wishing an amenities key must contact Management. Management will either mail or deliver the key to the requesting Unit within two (2) business days. 28.4.2 Only one key per Unit will be provided. 28.4.3 Unit Owners must transfer the Key at point of Unit sale. 29 Outside Sports Activities There can be no organized sports activities on the Association property or any informal sports activity that may cause damage or harm. 30 Yard Sales Individual yard sales are not permitted at Great Brook. Association-wide yard sales are permitted as approved by the board. 31 Bees, Hornets, Wasps, Ants As Great Brook is in New England, there is no action that can be taken that would eliminate all bees, hornets, wasps or ants from the community. However, problems where pests may cause damage to the structure, grounds or safety of residents should be reported to Management for appropriate action. Page-15
As appropriate, Management will contact a pest control vendor. In general, treatment and removal, if required, is a multiple step process including spraying. 32 Work Requests Whenever a Unit Owner or resident identifies a need for repair to any part of the common area, it should be forwarded to Management in writing. This assures appropriate documentation such as date and location as well as appropriate scheduling and prioritization. Generally, within five (5) business days an acknowledgment will be sent by Management that the request has been received. Exceptions are structural emergencies (ex: a fire, water pouring out of a Unit) which can be reported via phone, but call 911 first if appropriate. For flashing septic alarm lights, call management at once. Management has an off-hours answering service for such emergency calls during non-business hours. The answering service will page Management as necessary. A Unit owner may not demand that Management be paged at any specific time. 33 Unoccupied Unit In the event that a unit will be left unoccupied for any extended period of time, the unit owner is responsible for securing the premises, including the winterizing the unit if necessary to avoid frozen pipes. 34 Helmets and Reflective Markings As the Association must always be concerned for the safety of our residents, most particularly our children and young adults, the following are required when bicycles, skateboards, roller skates, in-line skates, scooters and other similar conveyances are used: appropriate helmet-type headgear at all times and reflective clothing or markings on clothing after dusk Page-16
35 Requests, Disputes, Concerns To present a request, dispute or concern, Unit Owners or residents should write to the Board of Directors in care of Management. Depending upon the issue or request, Management may respond directly if only information is required, or advise that it must be reviewed by the Board for any decision or action required. Any request to the Board received at least two (2) business days prior to the next Board meeting will be included on the agenda for that meeting. Any decision by the Board would then be conveyed by Management to the Unit Owner, generally within two (2) days after the meeting on behalf of the Board. To reduce risk of a delayed decision, Unit Owners should provide as much information as possible in their communication, ie; name, unit address, phone & email contact information. The Board must reserve the right to revoke any approval if they later determine it is in the best interest of the Association or the Unit Owner or resident becomes in violation of a provision of the approval or of the governing documents. 36 Appeal of a Board Decision Any Unit Owner wishing to appeal a decision of the Board may do so by writing to the Board, in care of Management, defining the basis for the appeal. If the Unit Owner wishes to also present the appeal in person, he or she should include such a request in the referenced letter. 37 Reporting a Violation of the Declaration, Bylaws or Rules Neither the Board nor Management can be in all places at all times. Therefore, for the good of the community as a whole, the Association must rely on the assistance of the general membership to advise of any violation they might witness or be aware of. 37.1 To report a violation, any Owner or resident should contact Management. If associated with an event, if possible, the report should include the date, Page-17
time and location of the violation being reported, and the associated Unit, if known. 37.2 The violating Unit Owner or resident will not be advised by management of who reported the violation. 38 Fines, Costs and Other Penalties for Violations In the event of a violation of the provisions of the Declaration, Bylaws or Rules, the following fine and assessment structure shall apply: 38.1 Fee payment obligations: In the event of any delinquency in payment of fees due remaining on the Unit account as of the close of business on the 15th day of any month, the following fines shall be assessed to the unit account: a) 10% on any delinquent assessment more than 15 days past due. b) The late fee shall not exceed $37.50 per month. In addition, when a delinquency remains after 60 days, a lien will be filed with the Hillsborough Country Registry of Deeds. The Owner will be notified of what other action is pending in the event of continued delinquency. Continued delinquency may also result in the Unit account being referred to legal for appropriate collection actions, and all assessments due for the remainder of the fiscal year may become immediately due. 38.2 Late Document Fines In the event that a required document (fireplace, furnace and chimney inspections, copies of leases, and others as required) is not provided to the Association via Management by the date due, a Late Document Fine of $25 per month or part will be assessed until the document is provided as required. 38.3 Other violations of the Declaration, Bylaws or Rules: 38.3.1 First report: Written notice advising of violation and action required to be taken. This notice may be in the form of a notice placed on offending property such as a vehicle parked in conflict with the published rules. 38.3.2 Second report: $25.00 fine, plus all costs associated with addressing the violation. Page-18
38.3.3 Third report: $50.00 fine, plus all costs associated with addressing the violation. 38.3.4 Fourth and additional reports: $100.00 fine, plus all costs associated with addressing the violation. 38.3.5 Fines will be assessed not more often than once every 24 hours. 38.4 In addition to the above: 38.4.1 Dogs may be subject to removal in the event of more than four (4) violations. 38.4.2 Use of the common area, including amenities and voting privileges, may be suspended until such time as the violation has been corrected. 38.4.3 The Board may take appropriate action for correction of the violation. 38.4.4 The matter may be referred to legal counsel for appropriate action. All associated costs will be assessed to the unit account. 38.4.5 The Board strongly recommends that late fees, fines and other assessments be paid when due, and before any appeal is made. Late fees accrue to any balances past due, including disputed fines. Paying a fine is not considered an 'admission of guilt' and does not affect the appeal process. Fines waived on appeal will be processed as credits to the Unit account. 38.4.6 In the event of inappropriate conduct by any owner or resident, at the sole discretion of the Board or Management, the Owner or resident may be restricted to written communications only. Page-19