SAND CASTLE CONDOMINIUM ASSOCIATION, PHASE VI General Rules, Fines, and Assessment Contents General Rules... 2 Pets... 2 Appearance and Maintenance of the Property... 2 Texas Windstorm Insurance Certification... 3 Water Usage and Plumbing Issues... 3 Vehicles and Parking... 4 Garbage Guidelines and Garbage Pick-up... 4 Use of Condo Fireplace... 5 Guidelines for Outdoor Grilling... 5 Miscellaneous... 5 Sound Volume... 5 No Business in Home... 5 Garage Doors... 5 Satellite Dishes... 5 Structural Changes... 5 Fines Policy... 6 Monthly Assessment (Dues)... 6
General Rules The Sand Castle Home Owners Association (HOA) is governed by documents which are designed to 1) ensure that all owners, tenants and guests have a pleasant, friendly, and safe place to reside and 2) maintain the appearance and integrity of the property since achieving compliance with the deed restrictions of a condominium community is the primary defense for protecting property values. These rules and regulations apply to all owners, guests, and tenants. Failure to comply with these rules will result in a letter of complaint being sent to the Sand Castle Condominium Association, Phase VI Board of Directors and appropriate action being taken. Rules are not to be viewed as punitive but rather as a measure to provide and maintain a quality living environment both in appearance and experience for everyone. By choosing to own or lease property in a condominium community, you are responsible for being knowledgeable about and complying with the HOA governing documents (e.g. General Rules, Declaration and By-Laws, etc.). Owners who lease their condos are responsible for sharing these General Rules with their tenants and ensuring their compliance. Pets 1. Dogs are to be kept on a leash or physically accompanied by a responsible person when on the grounds of the property. 2. Owners of pets are to IMMEDIATELY remove any defecation (poop) their pets deposit on the grounds of the property. Appearance and Maintenance of the Property 3. Owners and residents are to maintain yards, walkways, and porches in a clean and uncluttered fashion so as not to detract from the overall orderly appearance of the property. Items such as tables, chairs, grills, tools, bicycles, recreational equipment, toys, solar powered lights, garden statuary, satellite dish, etc. are not to be left on the porches or in the common area, nor left outside of or nearby the garages. 4. There are to be no items attached anywhere on the outside of the buildings or attached to adjoining structures. 5. No signs are to be placed on or about a condominium unit in such a manner that can be viewed from the exterior of the unit, with the exception of displaying a sign in the common area of the unit for the purpose of renting or selling the unit. 6. Windows are to be uniform as viewed from outside the property. There are to be no colored curtains, stained glass windows, sun catchers, etc. hung from or in the windows. 7. Laundry may not be hung in the common area, porches, or balconies. 8. Owners are responsible for maintaining, in good condition, the windows, screens, interior window blinds, front door, storm door, storm blinds, and garage door of their condominium unit. Paint color must conform to the existing scheme. For example, before painting their garage door, the owner is to contact the property manager to obtain the formula used to mix the paint color and type to ensure that the paint is the correct color match and type of paint. 2
Texas Windstorm Insurance Certification 9. If new windows are installed, they must match, in color and type/design, the existing windows in the condominium units on the property. Consult with the Sand Castle property manager for more information. Repairs/replacements/installations which require Texas Windstorm Insurance Association (TWIA) certification: a new window (or new glass in a window) which requires the frame to be replaced and/or a new garage door-in which the track/framing in which the door rides is also be replaced, and/or a new front door and door frame is replaced TWIA regulations require that the above listed items must be inspected by a TWIA approved structural engineer (go to http://www.tdi.texas.gov/wind/index.html to find a list of Appointed Engineers). Not all contractors make arrangements for this inspection, so you may be responsible for contacting an approved engineer. It is important to note that these wind inspections must be done as the work is being performed. Otherwise, once work is complete, an engineer may not be agreeable to certify the work or could require the repair be torn open so they can inspect what was done. Once the inspection has been performed and the work approved, you will be issued a WPI 8 certificate. You are responsible for providing the Sand Castle property manager with a copy of the certificate which will be filed with the HOA s insurance records. Failure to have the proper inspection and provide evidence of a WPI-8 certificate has serious consequences for you, for every owner of a condominium unit in your building, and for the HOA. The building is ineligible for Wind Storm insurance coverage (existing policies will be cancelled) until the work is certified and the WPI-8 certificate is in your hand. It may take a while to receive the WPI 8 certificate, so please persist with following up with TWIA until you have actually received the certificate because in the interim there is no Wind Storm insurance coverage on the building. Water Usage and Plumbing Issues 10. All plumbing issues (including continuously running toilets and water leaks) can result in an increase in the HOA s water bill and/or an increase in cost of repairs so must be fixed immediately or reported to the property manager. Owners, please emphasize to your tenants the importance of immediately notifying you about a plumbing issue. 11. If you observe any standing water (other than after a rain) under the flower beds or notice any continuously running water (such as coming from an exterior faucet attached to one of the buildings), please immediately notify the property manager. Free flowing water results in an increase in the HOA s water bill and therefore impacts each owner. 12. At no time is the water to be shut off at either meter (on sidewalk next to street) by an owner, tenant, contractor, etc. without first notifying the property manager. The water to all of the buildings on the Sand Castle Condominium Phase VI property is controlled by these meters. Water to an individual condominium unit can be shut off at the valve attached to the building near the front door/porch of each condominium unit. 3
Vehicles and Parking 13. There is to be NO PARKING in the fire lanes or curbside in driveway behind Building B (east building units # 6-13), no parking in the driveway next to/near the end of Building A (units 1-5) and next to/near the end of Building C (units 14-18), and no parking in any area on the property in such a way as to obstruct flow of traffic. 14. Vehicles are to be parked in the garage of the condominium unit. With the exception of Building D (units 19-26), any vehicle not parked inside the garage is to be parked in such a way as not to obstruct the entrances to the garages of the adjoining condominium units. Additional parking, if needed for short term, is available on the Seawall. 15. No one is to park, store, or keep within or adjourning the property any large commercial type vehicle or any other vehicle equipment, mobile or otherwise, deemed to be a nuisance, or any recreational vehicle (camper unit, motor home, trailer, boat, mobile home, etc.) 16. No disabled vehicles are to be left on any driveway or common area. Garbage Guidelines and Garbage Pick-up The City of Galveston does not provide garbage pick-up to condominiums so the HOA contracts with a private business for pick-up of household garbage. For additional information, refer to the Sand Castle Condominium, Phase VI Garbage Pick-up policy. 17. Trash cans are to be kept inside the garage at all times except on trash collection days. Trash cans left outside of the condominium units contribute to a general negative impression that the property is unkempt. 18. All garbage is to be placed into garbage bags, rather than placed into many individual small plastic merchant bags (e.g. Walmart bags) or dumped loose into the trash can. 19. Do not leave the following items for pickup: furniture, appliances, cans of paint (unless paint has been absorbed by adding a substance such as kitty litter to the can), boxes (unless they are broken down/folded) as the trash contractor has no space on his trailer to haul them, or construction debris. Additional items not accepted for pickup include car batteries, tires, cooking oil, motor oil, and other such environmental hazards. Contact the City of Galveston Recycling Center at 409-741-1446 to inquire about items accepted by the Eco/Recycling Center. If a resident sets out an item which is not picked up by the trash service (e.g. it is not household garbage), it is the responsibility of the resident to dispose of the item. If you have a large item of which to dispose, you can contact our garbage pick-up contractor to inquire if you can pay him to pick up the item at a time other than on garbage pick-up day. 20. If an owner or resident is going to be out of town and will depart prior to garbage pick-up day, they are NOT LEAVE BAGS OF GARBAGE SITTING OUT BESIDE THEIR GARAGE. They are to either dispose of the garbage before they leave town or place the garbage in their trash can and ask a neighbor to put the trash can out on garbage pickup day. Rodents and other critters are attracted to trash, especially at night, and will tear open the bags and the trash will be scattered. 21. If an owner or resident has more garbage than will fit into the trash can issued by the HOA to each condominium unit, then the resident is to purchase an additional trash can. On trash day (or any time, for that matter), DO NOT LEAVE BAGS OF GARBAGE 4
PILED IN BAGS ON TOP OF YOUR TRASH CAN OR LEAVE BAGS OF GARBAGE SITTING OUTSIDE OF YOUR TRASH CAN. Birds and stray animals are attracted to garbage and will easily tear open the bag and enjoy a feast while simultaneously scattering the garbage. 22. Do not place any items (e.g. garbage, construction debris, furniture, etc.) in the trash bin located next to the driveway on the back side of the Sand Castle property or the bin located behind the neighboring convenience store. These trash bins are leased by individual businesses or entities that contract/pay for bulk garbage pick-up. Use of Condo Fireplace Prior to building a fire in the fireplace in a condominium unit, it is the responsibility of the owner to have a certified chimney sweep to inspect the fireplace, chimney, and termination cap to ensure that the fireplace is safe to use. Inspection must occur every four years and is paid for by the owner. Contact the Sand Castle property manager if you are unsure when the last inspection of your fireplace occurred. 23. The owner shall submit the resulting written inspection report to the Sand Castle property manager, prior to anyone using the fireplace. No owner or tenant shall build a fire in a unit fireplace without first contacting the property manager for approval (e.g. current inspection report is on file) prior to proceeding. It is the responsibility of all owners who lease their condominiums to ensure that their tenants receive and comply with this requirement. For additional information, refer to the HOA s Use of Fireplace policy. Guidelines for Outdoor Grilling 24. Exterior fires: No exterior fires including charcoal grills, gas grills, hibachis, etc. shall be placed closer than 10 feet from the building, and/or from combustible construction or any other combustible items. City of Galveston Fire Ordinance states that there will be no barbecuing within 10 feet of any building and any violator can be fined. Miscellaneous 25. Sound Volume: (bass or treble) on television, stereos, radios, or other electronic equipment shall not be set at a level loud enough to be heard in the adjoining units and/or from the outside of the unit. 26. No Business in Home: No owners, tenants, or guests shall operate a business from any condominium unit. 27. Garage Doors: Garage doors are to remain closed at all times even if the residents of the condominium are at home. 28. Satellite Dishes: No satellite dishes are allowed. The HOA contracts with Xfinity to provide TV cable services at a bulk (discounted) rate. Owners are free to choose the internet provider of their choice. 29. Structural Changes: At no time are structural changes to be made to a condominium unit. PRIOR to starting ANY project inside a condo unit, including installing flooring, discuss your construction plans with the property manager and refer to the HOA Declaration and to the HOA Construction Guidelines and follow them accordingly. Unlike living in a freestanding house where no one other than the owner is affected by any work 5
that is performed, in a condominium complex the actions of one owner potentially impacts the other owners in particular related to damage caused by construction mishaps. Fines Policy As a condominium owner or tenant, you have chosen to live in a community of owners and as such, you are responsible for adhering to the tenants of the condominium governing documents Fines may be imposed against condominium owner(s) for any infraction of the Sand Castle Condominium Association, Phase VI Declaration, By-Laws, or the HOA Rules, Regulations, and Policies by owners, occupants, or their guests. If the violations are not corrected within 7 days of the date of the initial written notice then you will be subject to fines levied as per the HOA Declaration, Section 18: Compliance with Provisions of Declaration and By-Laws. The fine structure is as follows: 1 st notification: written warning 2 nd notification: $50 3 rd notification: $100 4 th notification: automatic referral to HOA s attorney for collection. The owner is responsible for paying all legal fees associated with collection. Monthly Assessment (Dues) As per the Sand Castle Condominium Association, Phase VI Declaration, Section 21, all owners are obligated to pay monthly assessments determined by the Homeowners Association Board of Directors (BOD) to meet the common expenses. As specified in the Declaration, the assessments shall be made pro-rata according to percentage interest in and to the general common elements. Assessments are payable on or before the first day of each month and are past due if not received by the 20 th day of the month. Payments received after the 20 th day of the month will incur an initial late charge of $25.00 plus a daily late charge of $5.00 per day thereafter until paid in full. Per the Declaration, Section 22, the managing agent has the responsibility of taking prompt action to collect any unpaid assessment which remains unpaid more than fifteen (15) days from the past due date of the 20 th of the month. Owners in excess of 30 days past due from the 20 th of the month will be turned over to the Sand Castle VI attorney for collection. The owner will be responsible for attorney fees in addition to late fees. Sand Castle Condominium Association, Phase VI Adopted 2006 by HOA BOD Revised 03/2015 by HOA BOD Revised 05/2015 by HOA BOD Revised 01/2015 by HOA BOD Revised 01/2017 by HOA BOD 6