MARQUESA HOMEOWNERS ASSOCIATION RULES AND REGULATIONS Amended April 2011 1
TABLE OF CONTENTS SECTION I: SECTION II: INTRODUCTION COMMON AREA PROPERTY RULES A. Pool and Spa Areas B. Fitness Center C. Tennis Courts D. Dog Run E. Keys SECTION III: SECTION IV: SECTION V: PARKING AND TOWING ARCHITECTURAL CONTROL MISCELLANEOUS A. Garbage and Refuse Disposal B. Unsecured Units C. Holiday Decorations D. Quiet Hours E. Patio / Balcony Décor F. Storage Container Placement SECTION VI: NON-RESIDENT OWNERS 2
SECTION I: INTRODUCTION The Marquesa Homeowners Association (the Association ) is a condominium incorporated under the laws of the State of Nevada as a non-profit corporation. Each Owner is a Member of the Association with all the rights and responsibilities as described in the Declaration of Covenants, Conditions & Restrictions and Reservation of Easements for Marquesa ( CC&R s ) and the Bylaws of Marquesa Homeowners Association (the Bylaws ). Unless otherwise defined herein, the capitalized terms used in these Rules and Regulations shall have the same meaning as those terms are defined in the CC&R s. The Association s governing documents include CC&Rs, Bylaws and these Rules and Regulations (collectively the Governing Documents ). These Rules and Regulations are issued by your Board of Directors (the Board ) as authorized by the Association s CC&R s. All new owners are given copies of the Governing Documents of the Association. Owners should read these documents carefully since they set for the rights, duties, and obligations of each Owner. In addition, all tenants and residents are subject to these documents and rules. It is the responsibility of the Owner to provide their tenants with a copy of the Governing Documents. These Rules and Regulations supplement the Association s CC&Rs and Bylaws, they do not replace them. In the event of a conflict between these Rules and Regulations and the Association s CC&Rs, the CC&Rs control. The purpose of these Rules and Regulations is to protect the physical property of the Association, to ensure the common good of the community so all residents can enjoy a safe and pleasant lifestyle, and to maintain property values for the Owners. In order to accomplish this purpose all residents must act with sensitivity and consideration for one another, as well as complying with the following Rules and Regulations. To maintain the quality of the community, observation and enforcement of these Rules and Regulations is the responsibility of each Owner, and/or their invitees, including their residents, tenants, guests or vendors. Under the authority granted them by the Association s CC&Rs and the appropriate Nevada State Law, the Board can impose a penalty for violations in complying with any of the Governing Documents, including these Rules and Regulations. Penalty assessments and procedures are discussed under the Standard Violation Enforcement Procedure section of this document. Owners with any questions, concerns or other Association related issues, or who need to obtain any Association related documents, should contact the Association s management company: The Association has established a website for the convenience of the Owners. The website address is www.marquesahoa.com. This website is designed to help Owners communicate with management and with your Board, and to make it easy for Owners to get basic Association related information. 3
A. POOL AND SPA AREAS SECTION II: COMMON AREA PROPERTY RULES HOURS OF OPERATION. The pool and spa area is available to residents and their guests from 8:00 A.M. to 10:00 P.M. seven (7) days a week. Any persons using the pool and spa area do so at their own risk. THERE IS NO LIFEGUARD ON DUTY! LIFESAVING EQUIPMENT (life ring, safety hook, etc.). Lifesaving equipment is for emergency use only. AGE REQUIREMENTS. Children under the age of sixteen (16) shall not use the pool and spa area unless accompanied by an adult (18 years or older) who will be responsible for their conduct, safety and observance of these rules. Resident s children may be accompanied by a non-resident eighteen (18) years or older. Infants and small children not toilet-trained may be brought into the pool and spa area, but are not permitted in the pool or spa without the use of a leak proof diaper. Please be advised that extremely hot water is potentially dangerous to young children and the elderly. NON-RESIDENT USE. Non-residents are permitted use of the pool and spa area only if accompanied by a resident. Presidents are responsible for any and all damage caused by their guests. PROPER ATTIRE. Persons using the pool and spa must wear proper bathing attire. No street clothes or wet suits are allowed in the pool or spa. NO SMOKING. Smoking is strictly prohibited in the pool and spa area. NO ALCOHOL. No alcoholic beverages are allowed in the pool and spa area. NO PETS. All dogs, cats and other pets are strictly prohibited in the pool and spa area. NO LITTERING. Keep the areas around the pool and spa clean at all times. Any unconsumed food or beverages, or related trash, should be disposed of in trash receptacles. Do not leave any food, beverages, personal items, etc. in the pool and spa area when you are not in attendance. NO GLASS. Glass or breakable containers are not permitted in the pool and spa area. Paper or plastic containers are permitted. RESTRICTED ITEMS. No surfboards, boogie boards, balls or inflatable items are allowed in the pool except small, soft children s toys and small pool approved flotation devices. PEDESTRIAN TRAFFIC ONLY. Pedestrian traffic only is allowed in the pool and spa area. Roller skates, skateboards, bicycles and the like are strictly prohibited. RESTRICTED ACTIVITIES. All persons using the pool and spa area should be considerate of others, avoiding jumping, diving, rough play, running, and dangerous, destructive or noisy activities. 4
POOL FURNITURE. Lounges, tables and other furniture in the pool and spa area that belong to the Association may not be removed from the area at any time. DAMAGES. Residents will be held responsible for any damage to pool equipment, furnishings or facilities, whether caused by them, their residents, tenants or guests. All Owners are put on notice that the Association makes use of a surveillance video camera system to record activity in the pool areas. B. FITNESS CENTER HOURS OF OPERATION. The fitness center is available to residents and their guests twenty-four (24) hours a day, seven (7) days a week. Any persons using the fitness center do so at their own risk. Owners may not loan their fitness center key to anyone. AGE REQUIREMENTS. Children under the age of sixteen (16) should not use the fitness center unless accompanied by an adult (18 years or older) who will be responsible for their conduct, safety and observance of these rules. NON-RESIDENT USE. Non-residents are permitted use of the fitness center only if accompanied by a resident. Residents are responsible for any and all damage caused by their guests. FITNESS EQUIPMENT. Fitness equipment must be wiped off after use. For safety reasons, please report any problems with the fitness equipment to Pinnacle Community Association Management immediately. NO SMOKING. Smoking is strictly prohibited in the fitness center. NO ALCOHOL. No alcoholic beverages are allowed in the fitness center. NO PETS. All dogs, cats and other pets are strictly prohibited in the fitness center. NO GLASS. Glass or breakable containers are not permitted in the pool and spa area. Paper or plastic containers are permitted. NO LITTERING. Keep the areas around the fitness center clean at all times. Any unconsumed food or beverages, or related trash, should be disposed of in trash receptacles. Do not leave any food, beverages, personal items, etc. in the fitness center when you are not in attendance. PEDESTRIAN TRAFFIC ONLY. Pedestrian traffic only is allowed in the fitness center. Roller skates, skateboards, bicycles and the like are strictly prohibited. RESTRICTED ACTIVITIES. All persons using the fitness center should be considerate of others, avoiding rough play, running, and dangerous, destructive or noisy activities. 5
DAMAGES. Residents will be held responsible for any damage to fitness center whether caused by them, their residents, tenants or guests. All Owners are put on notice that the Association makes use of a surveillance video camera system to record activity in the clubhouse and fitness center area. C. TENNIS COURTS HOURS OF OPERATION. The tennis courts are available to residents and their guests from 8:00 A.M. to 10:00 P.M. seven (7) days a week. No one is allowed in this area at any other time. Any persons using the tennis courts do so at their own risk. AGE REQUIREMENTS. Children under the age of fourteen (14) should not use the tennis courts unless accompanied by an adult (18 years or older) who will be responsible for their conduct, safety and observance of these rules. Resident s children may be accompanied by a non-resident eighteen (18) years or older NON-RESIDENT USE. Non-residents are permitted use of the tennis courts only if accompanied by a resident. Residents are responsible for any and all damage caused by their guests. LIMITATIONS. No more than eight (8) people allowed on the court at one time. Games are limited to one (1) set or thirty (30) minutes when others are waiting to use the courts. NO SMOKING. Smoking is strictly prohibited on the tennis courts. NO ALCOHOL. No alcoholic beverages are allowed on the tennis courts. NO PETS. All dogs, cats and other pets are strictly prohibited on the tennis courts. NO GLASS. Glass or breakable containers are not permitted on the tennis courts. Paper or plastic containers are permitted. NO LITTERING. Keep the areas around the tennis courts clean at all times. Any unconsumed food or beverages, or related trash, should be disposed of in trash receptacles. Do not leave any food, beverages, personal items, etc. in the tennis courts when you are not in attendance. PEDESTRIAN TRAFFIC ONLY. Pedestrian traffic only is allowed on the tennis courts. Roller skates, skateboards, bicycles and the like are strictly prohibited. RESTRICTED ACTIVITIES. Tennis courts are to be used to play tennis only. All persons using the tennis courts should be considerate of others, avoiding rough play and dangerous, destructive or noisy activities. DAMAGES. Residents will be held responsible for any damage to tennis courts whether caused by them, their residents, tenants or guests. 6
D. DOG RUN HOURS OF OPERATION. The dog run is available to residents and their guests from 8:00 A.M. to 10:00 P.M. seven (7) days a week. No one is allowed in this area at any other time. Any persons using the dog run do so at their own risk. AGE REQUIREMENTS. Children under the age of sixteen (16) should not use the dog run unless accompanied by an adult (18 years or older) who will be responsible for their conduct, safety and observance of these rules. Resident s children may be accompanied by a nonresident eighteen (18) years or older NON-RESIDENT USE. Non-residents are permitted use of the dog run only if accompanied by a resident. Residents are responsible for any and all damage caused by their guests and/or pet(s). NO SMOKING. Smoking is strictly prohibited in the dog run. NO ALCOHOL. No alcoholic beverages are allowed in the dog run. NO GLASS. Glass or breakable containers are not permitted in the dog run. Paper or plastic containers are permitted. NO LITTERING. Keep the areas around the dog run clean at all times. Any unconsumed food or beverages, or related trash, should be disposed of in trash receptacles. Do not leave any food, beverages, personal items, and/or pet feces etc. in the dog run when you are not in attendance. Please be considerate and clean up after your pet. PEDESTRIAN TRAFFIC ONLY. Pedestrian traffic only is allowed in the dog run. Roller skates, skateboards, bicycles and the like are strictly prohibited. RESTRICTED ACTIVITIES. The dog run is to be used as a pet exercise are only. All persons using the dog run should be considerate of others, avoiding rough play and dangerous, destructive or noisy activities. DAMAGES. Residents will be held responsible for any damage to the dog run whether caused by them, their residents, tenants or guests. E. KEYS ACCESS KEY QUANTITY. Each unit may only have one active access card at any one time, which will open all of the pool areas and fitness area. ACCESS KEY COST. The cost to replace a lost or stolen access card is $100.00. The lost or stolen access card will be deactivated at the same time a replacement is purchased. AMENITY KEY COST. The cost to purchase additional keys for use of the mailroom, dog run and tennis court is $5.00. 7
AUTHORIZED PURCHASERS. Homeowners and Property Manager s (with Management Agreements) are the only persons permitted to purchase access cards and amenity keys. SECTION III: PARKING AND TOWING PARKING AREAS. Parking within the community is allowed in designated parking areas only. Owners may not modify any Assigned Parking Space in any way that prevents the parking of a standard sized vehicle in that space or reduces the total number of parking spaces. Before parking in any open (unassigned) parking space, Owners or residents must first park in their Assigned Parking Space. OPEN UNASSIGNED PARKING AREAS. Open (unassigned) parking spaces, if any, are to be used for temporary parking purposes only, by Owners and/or their guests for a period not to exceed twenty-four (24) hours. Vehicles parked in these areas for more than twenty-four (24) hours are subject to being towed at the vehicle owner s expense after forty-eight (48) hours notice pursuant to NRS 116.3102 (1)(s). SHORT TERM PARKING AREAS. Short term parking areas (i.e.: ten (10) minute parking areas and mailbox spaces), if any, are to be used for short term purposes only, by Owners and/or their guests for a period not to exceed the designated times. Vehicles parked in these areas for more than the designated times are subject to being towed at the vehicle owner s expense after forty-eight (48) hours notice pursuant to NRS 116.3102 (1)(s). RESTRICTED PARKING AREAS. Vehicles parked in other s assigned spaces, fire lanes, handicapped spaces (without displaying proper tags), or along red curbs are subject to being towed at the vehicle owner s expense without notice pursuant to NRS 116.3102 (1)(s). IMPROPERLY PARKED VEHICLES. 1. In an Owner, occupant, tenant, guest, invitee or any family member of the foregoing park a vehicle in violation of any of the aforementioned provisions or any provisions of the CC&Rs, as may be amended from time to time, then the Board, or any agent acting on behalf of the Board, shall place written notice of the parking violation on the vehicle that is improperly parked ( Violating Vehicle ). The written notice will demand that the Violating Vehicle be removed within forty-eight (48) hours of placement of the notice on the Violating Vehicle. If the Violating Vehicle is not removed within fortyeight (48) hours after notice is posted on the Violating Vehicle, then the Board may direct the removal of the Violating Vehicle from the community. 2. If the Violating Vehicle is moved within forty-eight (48) hours after posting of the notice, but within seven (7) days of issuance of the first written notice, the Violating Vehicle is again parked in such a manner as to violate the Association Governing Documents, then the Violating Vehicle will be deemed to be in violation for a period exceeding forty-eight (48) hours and the Violating Vehicle may be towed without further notice to the Owner, occupant, tenant, guest, invitee or family member of the foregoing. This provision is adopted to prevent the violation-cure-violation cycle. If the violation is cured for more than seven (7) days, then the Violating Vehicle shall receive a written notice consistent with Paragraph 1, above. 8
3. Notwithstanding any of the foregoing provisions to the contrary, if a Violating Vehicle is parked in such a manner as to (a) block a fire hydrant, fire lane or parking space designated for the handicapped (without displaying proper tags) or (b) pose an imminent threat of causing substantial adverse effect on the health, safety or welfare of the unit s owners or residents of the community, then the Board may direct the immediate removal of the Violating Vehicle from the community. 4. Any fees and expenses associated with removing a Violating Vehicle from the community shall be at the sole cost and expense of the Owner of the Violating Vehicle. 5. The Owner of a Unit is responsible for the actions and conduct of any occupant, tenant, guest, invitee, contractor or family member of the foregoing and subject to sanctions and fines in accordance with NRS 116.31031. 6. The sanctions and penalties set forth herein are cumulative in nature and do not prevent the Association from taking all necessary legal action to enforce any violation of the Association s governing documents by injunctive relief. OWNER S REQUESTING TOWING. To have a vehicle towed that is parked in your assigned parking space, contact the approved towing company and request an Owner tow. The Owner requesting the tow must be available to meet the towing company. The towing company will require identification and proof that the parking space has been assigned to you (such as a copy of your parking assignment letter). SPEED LIMIT. The speed limit within the Association is five (5) MPH. Residents must maintain a safe and reasonable speed at all times while driving on Association property. Owners not complying with the speed limit are subject to a fine by the Board. SECTION IV: ARCHITECTURAL CONTROL One of the primary responsibilities of the Association is to protect your property values by maintaining architectural control of the Association. Your Association has an Architectural Review Committee (ARC) as provided in the Association s Governing Documents. Please remember that prior ARC approval is required before making any modifications to your property. In the event that you make a modification to your property without proper ARC approval, you may be required to remove the improvement or return the property to its original state. Additionally, any Owner who has already made unauthorized improvements must submit an ARC application for the improvement. A blank ARC application follows this notice for your convenience. ARCHITECTURAL GUIDELINES. The ARC Committee has developed the following architectural guidelines: 9
SATELLITE DISHES. Satellite dish antennas can only be installed on a tripod (or other selfstanding pole) contained entirely within the Owner s Exclusive Use patio area. No satellite dish antenna, hardware, hooks or cables may be installed in any way that attaches to, pierces, or that in any way damages Association property, including roofs, eaves, siding, stucco, patios or any other building surface. Any Owner or Resident that have already installed a satellite dish antenna in any manner other than this approved method without ARC approval, shall remove the satellite dish antenna and repair any damage to the Common Elements. SECURITY DOORS. The Board has pre-approved the following security door for use by Owners who wish to install a security door (on their front doors only) at their expense. Any other security door would be allowed only with prior approval from the Association s ARC Committee. Lowe s Columbia 36 Belvedere Security Door Color White SUNSHADES. The board has pre-approved the following sunshade for Owners who wish to apply a sunshade to their patio/balcony at their expense. Sunshades cannot be affixed to any stucco surface. Any other sunshade would be allowed only with prior approval from the Association s ARC Committee. Additionally, existing shades will be allowed; however, when they need replacing, the Owner must use this shade. White or Off-White Shade All sun and wind damaged shades must be removed and/or replaced with another white or off-white shade. A. GARBAGE AND REFUSE DISPOSAL SECTION V: MISCELLANEOUS All trash being removed from Units must be taken directly to a trash enclosure and disposed of inside the trash bin provided. No trash must be left around the exterior of the buildings. The only exception to this rule is regarding the disposal of Christmas trees. Christmas trees should not be put into the dumpster areas but disposed of at an approved city designated location. All trash must be placed inside the trash bins in a plastic bag and tied closed. Any items left outside of the trash bins are not subject to disposal by the refuse collection company. Large or oversize items may be disposed of by contacting the Management Company in advance to schedule a pickup. Should the Association incur additional costs as a result of large items left inside or outside of the trash areas, this cost will be passed on to the Owner of the Unit leaving the trash. Disposing of trash from within a Unit into the trash receptacles located in the parkways or other Common Elements is strictly prohibited. Any Owner s garbage found of the grounds of the community will be considered a violation of these rules and the Owner will be held responsible per the Association s Standard Violation Enforcement Procedure. 10
B. UNSECURED UNITS If any Units are left unsecured (i.e. doors unlocked, windows unlocked, etc.) when Owner is out of town or not home, the Association may secure the Unit at the Owner s expense. C. HOLIDAY DECORATIONS Holiday decorations (Halloween, Thanksgiving, Christmas, etc.) may be displayed no earlier than one (1) month before the holiday and must be taken down within two (2) weeks after the holiday. D. QUIET HOURS The Association s quiet hours are from 10:00 P.M. to 7:00 A.M. Owners should avoid excessive noise (i.e. running appliances, loud music, barking dogs, etc.) during these quiet hours. E. PATIO / BALCONY DÉCOR Displaying décor on the exterior of your Unit must be limited to items such as wind chimes and hanging plants and must not be attached to any surface other than the wood ceiling within the confines of your patio or balcony. No décor can be affixed to any stucco surface. No large or heavy décor can be placed on the pony wall of your patio/balcony that may fall or cause damage to persons or another Unit. Bird feeders are strictly prohibited. F. STORAGE CONTAINER PLACEMENT The use of parking spaces to store a storage container shall be for the sole purpose of moving in or moving out. The Storage Container may not be dropped off earlier than 9:00 AM and may not be picked up later than 7:00 PM. The Storage Container may not impede the flow of traffic. The Storage Container may only be placed in the area designated by the Board of Directors or Management Company for no longer than 48 hours or a duration designated by the Board of Directors. The fee to store a Storage Container is $35.00 and there is a security deposit of $500.00.The security deposit will be refunded after an inspection of the asphalt in the vicinity of the Storage Container shows that there has been no damage to the common area by either the Storage Container itself or by the equipment used to drop off or pick it up. SECTION VI: NON-RESIDENT OWNERS The Board has the following rules for Owners that do not reside within their condominium homes: ADDRESS OF RECORD. The Association maintains an address of record for each Owner that represents that Owner s mailing address for all correspondence from the Association. 11
Owners that do not live within their Units (such as Owners that lease out their Units to tenants) must change their address of record so that they are receiving correspondence from the Association at their primary mailing address. Otherwise the Owner may not receive important correspondence from the Association, including invoices for Assessments, newsletters, election materials, delinquency notices, violation enforcement letters, or other important legal notices. To change your address of record, promptly notify the Management Company in writing. TENANT LEASE AGREEMENTS. Owners are responsible to ensure that any of their invitees, including tenants that rent their Unit, follow the Association s Governing Documents. As such, tenant lease agreements must clearly indicate that the tenants have been provided with a copy of the Association s Governing Documents, and that the failure of the tenant to follow the rules of the Association is a breach of the lease. Owners should, of course, consult with their real-estate attorneys on any landlord/tenant issues, including lease agreements. SHORT TERM LEASES. Short-term leases (leases with terms less than thirty (30) days are prohibited. VACANT UNITS. Remember to heat your unit during winter months to insure against flood damage to your Unit as well as adjacent Units. Please also have your Unit inspected regularly for damage and/or security purposes. NOTICES. The Association reserves the right to mail any notice to the property address as needed and from time to time post notices on the Units door. 12