La Posada Condominium Property Owners Association Rules and Regulations Adopted on September 21, 2010 Pursuant to CC&R Article 3 Section 3.6
La Posada Residents The purpose of this booklet is to summarize the Covenants, Conditions and Restrictions (CC&R s) of the La Posada Condominium Property Owners Association, and its Rules & Regulations. This revision contains additions to the existing Rules & Regulations. Please review it carefully. The purpose of the CC&R s and the Rules & Regulations is to establish the basic standard of conduct required of all residents of La Posada in order that every homeowner may enjoy to the fullest his or her individual rights, while respecting the rights of others to the quiet and peaceful occupancy of their home and the use of the common area and facilities. While each homeowner owns his or her individual property and has all the rights, privileges and responsibilities of ownership, the ownership and use of common facilities of La Posada are shared with all residents. Your Condominium User s Guide manual contains the full text of the Association s By-Laws, CC&R s and Rules & Regulations. All Homeowner Associations in the State of Nevada are governed under the Nevada Revised Statutes-NRS 116, as amended. 2
Table of Contents I. Administration...4-5 II. III. IV. Use of Common Facilities 5 Pets 6 Parking..6-7 V. Pool & Spa 7 VI. VII. VIII. IX. Clubhouse & Exercise Room..8 Hazardous Materials..8 Nuisance/Excessive Noise..8 Trash...8 X. Signs 9 XI. Maintenance & Repair..9-10 XII. Landscape Committee... 10 XIII. XIV. XV. Sale of Unit and Leasing Rules..10 Enforcement and Penalty for Violations..10 General/Conclusion....11 3
I. Administration Residents should understand that the Board of Directors does establish the Rules under which we all live and it is the Board s responsibility to enforce the same equally. The Board of Directors routinely meets each month in the Clubhouse. Agendas are available on line at www.rpmginc.com or can be obtained by request to Management. All owners have the right, indeed the responsibility, to recommend changes to the CC&R s and the Rules & Regulations that will enhance the desirability of owning property at La Posada. a. The Board of Directors maintains an up-to-date copy of the Association s Rules & Regulations. b. All questions, comments, complaints or suggestions about living at La Posada must be in writing, signed by the issuer and directed to the Board of Directors through the Community Association Manager via email, mail or fax. All complaints must contain the violator s name (if known), address and a detailed description of the violation and must be signed. Forms are available at the Clubhouse next to the bulletin board or by contacting management. c. Those who violate the rules are notified in writing. They are given the opportunity to appear before the Board to present their case should the violation continue/not be corrected. If there is no resolution, they are subject to a fine. d. Each unit shall be used exclusively for residential purposes only. e. Meetings of the Board of Directors must be held at least once every 100 days. Notice of the meetings will be sent to all owners. The meetings will be conducted using parliamentary procedure as a guide. Each meeting is preceded by a Homeowners Forum. This is the opportunity for the homeowners to ask questions, state opinions and offer constructive suggestions for the operation of their Association regarding agenda items only. There will be another Homeowner Forum at the end of the meeting where homeowners are free to discuss any item of their choosing. No action may be taken on any items brought forth in Homeowner Forum until it has been duly placed as an agenda item where action may be taken. The Board of Directors makes all policy decisions for the Association. After the Homeowners Forum portion is concluded, the meeting is called to order. The homeowners are welcome and encouraged to observe the meeting, but from this point in the meeting until it is adjourned, only the Board of Directors participates. Business and policy decisions are made according to an agenda. The Board of Directors may only take action on items listed on the agenda unless an item meets the criteria outlined in State law as an emergency. f. Any owner is entitled to a copy of the minutes or a summary of the minutes of the meeting upon request and, if required by the Board of Directors, upon payment to the Association of the cost of making the distribution. Copies will be charged to the owner at $.25 per page. Any attachment to the minutes is limited to submissions from owners and they must be in writing, dated, signed by the owner and contain the property address. The attachment shall not contain any personal derogatory statements, libelous content or obscenity and shall not exceed one page in length. 4
g. Executive Sessions of the Board of Directors, limited to members of the Board of Directors and its invitees only, are held either before or after the meeting of the Board of Directors. The Board may consider matters concerning violations of the governing documents including hearings, monthly assessment payments, delinquencies, a contract between the Association and an attorney, personnel and proposed or pending litigation at these meetings. h. A written request to inspect records of the Association must be made through the management company. Inspections may be made during regular business hours by appointment and will be scheduled no later than fourteen (14) days after receipt of the written request. All copies will cost the member $.25 per page and inspection of the records will be billed to the member s account at the rate of $10.00 per hour. Records of personnel or those pertaining to another unit owner are not available for inspection by the members. II. Use of Common Area Facilities Common Areas have been provided and are maintained for the use of homeowners, residents, their families and invited guests. The cost of maintaining these facilities which includes pools, exercise room and clubhouse, is borne by the homeowners through the monthly assessments they pay. Therefore, all those who use the common and recreational facilities should use them with care. Any damage to any of the common area facilities, or their use by unauthorized individuals, should be reported to the Community Association Manager immediately. a. The only approved place for storing bicycles is in the area underneath exterior stairways. They may not be stored anywhere else, including walkways, patios or balconies. b. The Association is not responsible for damage to or theft of any resident s property. c. No items of any kind may be hung from balconies or patio walls. d. BBQ grills are provided throughout the property. Electric grills only are permitted on patios and balconies per the Clark County Fire Code (1102.6 & 1102.5.2.2). No other type of grill may be used or stored on your patio at anytime. e. Bulletin boards in the mailbox areas are for use by the Board of Directors only. f. Skateboards, bicycles, rollerblades and scooters may not be ridden on property sidewalks, streets, or in parking areas. They must be walked off the property for use on the exterior of the La Posada community. An exception is made for security personnel. g. Your common area key is your identification as a resident. Replacement or additional keys are $50 each. No exceptions. h. The patios and balconies shall not be used for storage and only appropriate outdoor patio furniture shall be permitted. Storing items in the water heater closets is not permitted as it can be a potential fire hazard. i. No trash, debris, or any other items shall be disposed of over patios, balconies or stairs; i.e., cigarette butts. j. There may be no food of any kind left anywhere on the property for domestic animals, wild animals, or birds. k. No playing is permitted in parking areas or roadways within the Community. l. No fireworks permitted anywhere in the Community. 5
III. Pets a. Homeowners only are permitted one common household pet per unit, not to exceed 30 pounds. Tenants are not allowed to have pets. b. Pets will be maintained on a leash not more than six feet in length and controlled at all times when in common areas. (Las Vegas City Ordinance 3163) c. Residents walking their pets will carry a container at all times and will immediately remove and dispose of all feces. d. Cats are considered pets and are not allowed to roam freely or unsupervised. e. Dog barking/whining is not permitted and fines may be levied, after a hearing, to owners who do not control it. f. All animals are prohibited from entering Association facilities, except those needed by handicapped persons. g. Balconies and patios are not to be used as waste areas for pets. IV. Parking a. Speed limit within the community is 5 miles per hour. Please observe. b. All residents will be issued a parking decal, which they must display in plain sight on the rear windshield in the lower left hand corner (drivers side) at all times when the vehicle is on La Posada property. c. Guest passes are issued to all residents and guests must display them in plain sight on the dashboard of their vehicle. d. Each resident shall be entitled to one assigned covered parking space. e. All uncovered, unassigned parking spaces are for residents or guests. f. Parking is not permitted in fire lanes (any red-painted curb) at any time and will be subject to immediate towing and you will be responsible for the tow fees. g. Parking in covered parking spaces assigned to another resident is prohibited unless written permission has been granted and a copy of the agreement has been submitted to Management. h. All vehicles parked on the property must be currently registered and operable. Those vehicles that do not display current registration are subject to tow with a 48-hour notice the first time they are tagged and towed without notice thereafter. i. Resident vehicles will be maintained in operating condition. j. Each resident is responsible for the condition of their assigned parking space; asphalt shall not be damaged by dripping automotive fluids. k. No washing of vehicles or vehicle repairs shall be undertaken anywhere on the property except for emergency repairs; (i.e., flat tire, dead battery). All other automotive repairs shall be done off the property. l. Improperly parked, unauthorized, inoperable and unregistered vehicles will be towed at the owner s expense. No warning will be issued. m. No back-in parking permitted anywhere on property. An exception is made for security personnel. 6
n. No Commercial, Construction, or Utility Service vehicle (as defined in the CC&R s, Section 6.3, paragraph b) will be allowed to park anywhere on the property except in the event that bringing the vehicle to his/her unit is pursuant to employment for the purpose of responding to emergency requests for public service utilities. (Except when providing a service to property owners or the Association). o. No RV s, campers, trailers or boats may be kept, parked or stored on property. p. All homeowners are required to keep their unit information current with the the management company, updating their Property Information Form when any vehicle information changes. q. No PODS or personal storage devices are allowed to be stored anywhere on the property without the prior consent of the Board of Directors. V. Pool and Spa a. Pool hours are regulated by the Board of Directors and are subject to change at any time. b. Observe Quiet Hours from 9:00 PM to 9:00 AM. c. No lifeguard is on duty. Swim at your own risk. d. A resident must accompany all guests and remain with them the entire time. e. Each household is limited to 4 pool guests at any one time. Residents under the age of 18 are limited to 2 guests. f. Bathing attire only. No cut-offs. Incontinent residents must wear water-proof swimsuits. Children who are not toilet trained must wear waterproof swim diapers at all times. g. Shower before entering pool or spa. h. Gates must be kept locked at all times. No propping open the pool gates at any time! i. Pool furniture is to remain in pool area and is not allowed in pool or spa. j. Pool area must be neat and clean after use. Please use trash containers. k. Music which is played at a volume disturbing to others is not allowed. Recommend using headphones. l. Absolutely no glass allowed in pool or spa areas. m. Running and diving are prohibited. n. No flotation devices are allowed. Exception is arm floats for small children. o. No food or alcoholic beverages allowed in pool areas. p. Smoking is only allowed in approved areas, near ashtrays and they are to be used. q. No lewd or immoral behavior is allowed in pool or spa areas. Please have respect for your neighbors. r. Residents under the age of 14 must be accompanied by a Resident 18 years of age or older in the pool (Nevada Administrative Code 444.276). s. Residents under the age of 12 must be accompanied by a Resident 18 years of age or older in the spa and the maximum recommended time for such children is 10 minutes (Nevada Administrative Code 444.526). t. Please read and observe all rules that are posted in the pool and spa areas. 7
VI. Clubhouse and Exercise Room a. No smoking in the Clubhouse or Exercise Room. b. No wet bathing attire in the Clubhouse or Exercise Room. c. Entry doors are self-locking; be sure they close behind you. d. Each household is limited to 4 Clubhouse guests. Exception is rental use for parties. e. All guests must be accompanied by a resident. f. The Clubhouse may be reserved for private functions. A minimum of two weeks notice to the management company is required. g. Renting the Clubhouse requires a $100 non-refundable rental fee and a $300 refundable security deposit. The pool, spa, and exercise room are not included in the Clubhouse rental and are not available for rent. h. Children 14 and under must be accompanied by an adult when in the Clubhouse. i. Each household is limited to 1 guest in the exercise room. j. Residents under 18 are prohibited from using any of the exercise equipment. The Board of Directors may consider exemptions if petitioned by the parent. k. Please close all doors and turn off lights when leaving. l. The Clubhouse is locked at all times. A key is available to those wishing usage. Arrangements are made through the Community Association Manager who will request a signed Agreement of Responsibility from those who are issued keys. Keys must be returned to Community Association Manager after use. m. Decorating the clubhouse for any occasion (other than for a private party when the clubhouse has been rented) is not allowed. VII. Hazardous Materials No hazardous materials that may create an explosion, fire, offensive odor, noise or risk to any homeowner s/resident s safety shall not be stored on the property at any time. VIII. Nuisance/Excessive Noise/Damage No noxious or offensive activity shall be permitted in or upon any Association property, nor any action which is an unreasonable annoyance or a nuisance to any other resident. There shall be no excessive noise throughout the property after 9 PM. Any damage caused by residents or their guests is the responsibility of the unit owner and cost of repairs will be billed to the owner. IX. Trash Trash is to be taken out and placed in trash bins for collection. Trash must be properly tied and in suitable garbage bags. Large items/and or cartons must be broken down and put into the bins. It will not be picked up otherwise. Residents will be charged a minimum of $134 for special pickups for large items left in the dumpster and dumpster areas. 8
X. Signs a. No sign of any kind may be displayed from any unit s windows, balcony or patio. No For Sale signs are allowed on any vehicles parked on the property. b. Political signs measuring 24 inches by 36 inches are allowed only in the windows of the unit. A unit owner may exhibit as many political signs as desired, but may not exhibit more then one (1) political sign for each candidate, political party or ballot question. XI. Maintenance and Repair a. Each owner is responsible for keeping the interior of his unit and its equipment in good, clean and sanitary condition, including their air conditioning unit. b. Each owner may paint, wallpaper or otherwise finish the interior of his unit as he/she sees fit. c. With regard to second floor units, ceramic tile or wood flooring may be installed in the foyer only. Vinyl covering may be installed in the kitchen and bathroom only. All other areas must be carpeted. d. No waterbeds are allowed in second floor units. e. No clothes, clotheslines, sheets, blankets, laundry or other articles may be hung or exposed from any part of the unit or common areas. f. Owners wishing to install a satellite dish must contact the Community Association Manger and obtain an ARC request form for approval. No satellite dishes are permitted to be installed in the stucco or on/in any common area. If you plan on installing your satellite dish on a tripod on your balcony/patio, no prior approval is needed. g. No exterior or other floor carpeting, except for one standard floor mat, shall be installed on any balcony, patio or stair landing without the prior written approval of the Board. h. Holiday decorations, at an owner s unit, may be put up one (1) week prior to the holiday and must be taken down no later than one (1) week after the holiday. i. No alterations, additions or improvement of the common areas may be undertaken without the written approval of the Board of Directors. j. Nothing may be done that will impair the structural integrity of any part of the property. k. No part of the common property may be changed without the written approval of the Board. l. Solar screens shall have white frames and gray screens only. m. Window treatments which can be seen from the outside must be white or beige in color. n. Security doors (Laguna style only) white or beige in color are allowed. o. Plants at front entrance to units will be limited to a total of three. p. Decorative patio openings may be covered with solar screen type material only and must be professionally prepared and installed. Request must be made to the Board of Directors for approval prior to the installation. q. One flag is permitted to be displayed, not to exceed 3 x 5 in space and may not be attached to stucco. It may only be made out of cloth, fabric or paper. It must be displayed in a manner that is consistent with the Federal Flag code. 9
r. Additional locks may be installed on any unit. Security bars are not included in the definition of locks. s. Shutters installed for security and/or energy savings on the exterior of the building must be professionally installed and must be the primary color of the building stucco. Board approval must be obtained prior to the installation of the shutters. XII. Landscape Committee All questions, comments, complaints or suggestions about landscaping at La Posada must be in writing and directed to the Board of Directors through the Community Association Manager. XIII. Sale of Unit and Leasing Rules a. CC&R s Section 6.9 Transfers Prior to the transfer of a unit the owner thereof shall notify the Board in writing of the name and address of the transferee, the nature of the transfer and the unit involved, as well as such other information relative to the transfer, and the transferee as the Board may reasonable request. A transfer fee paid by either the buyer or seller must be made to the management company at time of closing. The transferee shall attend an orientation to the community within 30 days of close of escrow. Transferee will be required to pay cost necessary to obtain common area key, parking permit hanger and guest passes if not obtained from the Owner at the time of closing. Transferee must also complete and submit the Property Information Update Form, which must be updated on an annual basis or within ten days of a change to the submitted information. Owners who fail to submit this form as required to Management are subject to being called to a hearing before the Board of Directors where fines may be imposed. b. CC&R s Section 6.10 Leasing - Any homeowner wishing to lease his or her property may do so upon compliance with Section 6.10 of the La Posada CC& R s. No unit shall be rented for transient or hotel purposes. Any lease of a Unit shall be In writing, shall be for a term of not less than six (6) months, and shall expressly Provide that such lease is subject to all terms, covenants and conditions of this Declaration. A copy of any such lease shall be provided to the Board and lessee shall attend an orientation to the community within 30 days of signing their lease. c. All owners must provide their tenants with a copy of the CC&Rs and Rules & Regulations prior to move-in. XIV. Enforcement and Penalty for Violations a. Fines for violations of the rules are set by the CC&R s and NRS 116. It is Board of Directors responsibility to see that the CC&R s are enforced. b. Residents who receive a letter notifying them of a violation of the rules are entitled to appeal their case to the Board of Directors. Potential fines may be. assessed after a hearing is called (Please see the Association s Compliance Fine Schedule for more information). 10
XV. General a. Association Newsletter The Association regularly publishes a newsletter which is intended to help keep residents informed of the activities of La Posada. b. Volunteers The Association depends on volunteers to serve on the Board of Directors and on the committees appointed by the Board. (Landscape Committee and Architectural Committee, Budget and Finance Committee, Newsletter Committee, and Social & Recreational Committee). Volunteers are always needed and those interested should make themselves known to the Community Association Manager. c. Board of Directors Members are elected for a two year term by the owners at the annual meeting in December or at a special meeting called for that purpose. Vacancies are appointed by the Board of Directors until the next annual meeting. All proxies must be filled out and returned to be valid at the annual meeting. Generally, Board meetings are held on the third Tuesday of each month at 6:00 PM in the Clubhouse, at which time members have the right to address the Board about their concerns. In Conclusion The Rules are based on the Bylaws and CC&Rs, and are intended to promote harmonious community living and protect the common investment made by all owners. Living in a common interest community requires that each owner, resident and guest show consideration for others, and follow a standard of conduct that allows each to enjoy their individual rights without infringing on the same rights of others. Common sense should prevail. 11