Kessler CityLofts Condominium Association, Inc.

Rules and Regulations

In accordance with the Amended and Restated Declaration of Condominium for Kessler CityLofts Condominium (January 30, 2011), the Board of Directors has established the following rules and regulations for all homeowners, tenants, and guests. These rules govern the conduct of all residents and guests in order to maintain and preserve the property and protect the rights of each member of the Association.

1. In compliance with City of Atlanta ordinances and for the comfort of others, residents and guests shall not engage in activities that can be heard outside the unit before 7:00 a.m. or after 9:00 p.m. Violations of this rule may be referred to the police.
2. Per Fulton County ordinance, dogs must be on leashes at all times.
3. No pet may be left unattended in any common area, including hallways.
4. Pet waste in common areas must be cleaned and sanitized by the owner immediately.
5. No smoking is permitted in common areas, including hallways, except on the rooftop deck. All smoking materials must be disposed of in ashtrays provided.
6. No plants, plant material, trash, or other items may be left in common areas, including hallways.
7. Any damage to common areas caused by an owner, tenant, guest, or service person will result in a fine based on the cost of the repair.
8. The trash room is for disposal of bagged trash and boxes only. Recycling must be taken to the basement; arrangements must be made for the removal of all other items, including, but not limited to, appliances, furniture, paint, and hazardous liquids. Additional trash and recycling guidelines are posted in all trash rooms and the recycling area and may be requested from the property management company.
9. Lockboxes for units currently for sale should be placed in the sidelight of the door to the unit being sold. Lockboxes should be removed promptly when the unit is sold or taken off the market.
10. Rules pertaining to the roof deck, grill, and fitness room are posted at the rooftop exit and may be requested from the property management company.
11. Violation of these rules by any owner, owner’s agent, tenant, relative, or guest shall cause the owner to be subject to a minimum fine of $100 per occurrence. Owner retains the right to a hearing before the Board of Directors for any fine imposed, as specified in the condominium documents.

Call box and entry policy:

1. Each unit is permitted to have a total number of call box entries equal to the number of bedrooms (as listed by the tax assessor) plus one. If the unit is leased, one additional entry is permitted.
2. Call box entries must match the owner’s name, the name of a tenant shown on the lease, or the name of a permanent resident living with the owner or tenant. Business names, nicknames, and aliases are not allowed. All entries will be verified with the unit owner.
3. Entry key fobs may be purchased from the property management company. There is a one-day warranty period when purchasing a key fob; please verify operation upon receipt from the property management company.

Bulletin board policy:

1. Please keep announcements pertinent to the community and appropriate for all ages. For example: items for sale, lost keys, community events, new businesses, dog walking services, etc.
2. Notices may be posted for thirty (30) days; the date of the posting should be noted on the front or back of the notice and if it is not removed by the resident, will be removed by the Board of Directors after the event has occurred or thirty days have elapsed.
3. Any items may be removed at any time at the sole discretion of the Board of Directors for any reason and shall not be removed by other residents. If any resident has concerns about the appropriateness of items posted, please contact the property management company.

Garage parking rules and regulations:

1. Parking in the building garage is limited to the eighteen (18) spots assigned as Limited Common Elements. No parking is permitted elsewhere in the garage except for vehicles owned by the property management company or its employees or agents while conducting business for the Homeowners’ Association, or as noted below. No vehicle may extend beyond its assigned parking space, including an imaginary line at the entry to the space.
2. If another vehicle is occupying your unit’s space, do not park in another unit’s space. Park along the wall, place a note on your vehicle with your space number, and call the property management company immediately.
3. Any illegally parked car will be tagged with a violation sticker and may be towed at the owner’s expense. The vehicle owner will be responsible for all charges associated with towing the vehicle, including, but not limited to, the towing charge and storage fees. The management company and Association take no responsibility for any towed vehicle, including any items left in the vehicle.
4. The management company and Association take no responsibility for items left in any vehicle parked in the garage.
5. Vehicle maintenance and repairs, including, but not limited to oil changes, are not permitted in any location in the garage.
6. Storage of personal property other than vehicles is not permitted except when approved in writing by the Board of Directors.
7. Violation of these rules by any owner, owner’s agent, tenant, relative, or guest shall cause the owner to be subject to a minimum fine of $100 for one occurrence. Owner retains the right to a hearing before the Board of Directors for any fine imposed, as specified in the condominium documents.
8. Residents with parking in the garage may purchase garage door openers from the property management company. There is a one-day warranty period when purchasing a garage door opener; please verify operation upon receipt from the property management company.

Moving rules and regulations:

1. A moving date and time must be scheduled with the property management company a minimum of seven (7) days in advance. Moving is permitted only from 8:00 a.m. to 6:00 p.m., Monday through Friday.
2. A fee of $250 is required to defray costs incurred by the association. This fee is subject to change and applies to each change in ownership of the Unit and each change in occupancy of the Unit.
3. A refundable deposit of $250 is required to cover any damage caused during a move. The unit owner assumes responsibility for any damage that occurs to condominium property as a result of the move. Prior to the scheduled moving date, the property management company will perform an inspection. It is not necessary for the owner to be present for the inspection; a moving form will note any existing damage and be left on the owner’s door. If the form is missing or the owner observes any damage to elevator or common areas that is not indicated on the form, the owner must contact the property manager before moving begins. The owner must notify the property management company when moving is complete. The property management company will perform a follow-up inspection in the presence of the owner, owner’s agent, or tenant whenever possible; if no damage is evident, the deposit will be returned.
4. Any moving company used must maintain liability insurance. A certificate of insurance must be presented to the property management company prior to the scheduled move.
5. If the building’s doors are propped open, they must be attended at all times.
6. Violation of these rules by any owner, owner’s agent, tenant, relative, or guest shall cause the owner to be subject to a fine of $100 for any one violation; repeat violations during any twelve-month period by the same owner, owner’s agent, or tenant will result in an additional summary fine of $250. Owner retains the right to a hearing before the Board of Directors for any fine imposed, as specified in the condominium documents.

Roof deck rules and regulations:

1. The roof deck hours are from 6:00 a.m. until midnight, Monday through Thursday, and 6:00 a.m. until 1:00 a.m., Friday through Sunday. After 10:00 p.m., quiet hours are enforced, and grilling and amplified music are prohibited. Deck users should be considerate of other residents at all times.
2. No one under sixteen (16) years of age is permitted to use the roof deck without adult supervision.
3. Pets are not allowed on the roof deck at any time.
4. The roof deck has limited accessibility. Do not go beyond the deck’s railing, place objects on the railing, or throw objects over the railing. Do not go beyond the chain link fence surrounding the concrete pavers, which is in place to limit damage to the roof.
5. Cooking with personal grills or any portable food preparation equipment is not permitted.
6. Fireworks are not permitted.
7. Parties of twelve (12) or more using the roof deck must schedule seven (7) days in advance with the property management company. All trash must be removed from the deck and not left in rooftop trash receptacles. A $100 maintenance and security deposit will be required and will be returned after the event if no additional cleaning or trash removal is required.
8. Exclusive use of the deck must also be scheduled seven (7) days in advance with the property management company and will require a $25 per hour fee. If use of the grill is desired for a private event, a one-time fee of $75 may be paid for this use. If the reservation is canceled less than twenty-four (24) hours in advance, reservation fees are still applicable. Holidays and days with special downtown events are not eligible for reservation.
9. Cleaning, painting, or similar uses of the deck are not permitted.
10. All personal items brought to the deck must be removed at night. Any items left overnight will be considered abandoned and removed.
11. Turn off all roof deck lights upon leaving.
12. Maximum combined occupancy of the deck and fitness center is thirty-seven (37) people.
13. Access to the water tower is not permitted under any circumstances.
14. Each person who uses the deck does so at his or her own risk. The Association is not responsible or liable for any injuries or for damage to or loss of personal property caused by or related to use of the deck, unless caused by the sole gross negligence of the Association. Each person who is the adult supervisor of a child using the deck is responsible for any injury to such child or damage to or loss of any personal property caused by or related to the child’s use of the deck.
15. The hose bibb is to be used only for watering rooftop plants, not cleaning grill equipment or any other purpose.
16. Violation of these rules by any owner, owner’s agent, tenant, relative, or guest shall cause the owner to be subject to a fine of $100 per occurrence. Owner retains the right to a hearing before the Board of Directors for any fine imposed, as specified in the condominium documents.

Grill rules and regulations:

1. Grill dues will be assessed at the beginning of each calendar year. The grill agreement must be signed before access will be granted to the keys. A list of the paid members’ names and unit numbers will be distributed to paid units and all Board members. For tenants who wish to use the grill, the owner must also sign the agreement.
2. Any member who is found to have shared a key fob with someone who has not paid a grill assessment will have membership revoked for the remainder of the year with no refund.
3. There will be no prorated memberships except for new owners and there will be no refunds upon moving out or transfers of membership.
4. Grill may not be operated after 10:00 p.m or by anyone under the age of 16 at any time.
5. The member who has signed the Grill Use Agreement must be present when the grill is being used.
6. Do not leave the grill on and unattended at any time.
7. The fire extinguisher should be placed in railing-mounted bracket while the grill is in use. Non-emergency discharge of the fire extinguisher will result in permanent loss of roof deck access.
8. Preheat grill 10-12 minutes at desired temperature control setting before grilling. When grilling is complete, turn temperature control to zero and allow timer to time out automatically. Forcing timer to zero will break it.
9. Line drip trays with aluminum foil before use and remove aluminum foil after use. Foil is stored in the grill base.
10. Clean cooking grid of any excess grease and food particles with a soft wire brush after use. Cleaning the grill is the responsibility of those who have paid grill dues. Please clean up after yourself and do not leave any items on the deck when you leave. If your trash does not fit in the rooftop receptacle, dispose of it inside; do not use the trash can in the fitness center for any food items.
11. When cover is off the grill, store it in the box next to the grill. Do not put the cover back on until the grill has cooled down. Do not leave the grill uncovered overnight.
12. If you find any missing items or damage to the grill, report it to the property management company immediately, before using the grill. Any damage to the grill will result in a fine to the last member who used it, based on the cost of the repair.

Fitness center rules and regulations:

1. The fitness center hours are from 6:00 a.m. until 10:00 p.m. Please be considerate when using weights, as noise travels easily to the units below.
2. No one under sixteen (16) years of age is permitted to use the fitness center without adult supervision.
3. Food, open drinks, gum, and tobacco products are not allowed in the fitness room. Drink bottles should have a secure lid or cover.
4. Pets are not allowed in the fitness room at any time.
5. Maximum combined occupancy of the deck and fitness center is thirty-seven (37) people.
6. Each person who uses the fitness center does so at his or her own risk. The Association is not responsible or liable for any injuries or for damage to or loss of personal property caused by or related to use of the fitness center, unless caused by the sole gross negligence of the Association. Each person who is the adult supervisor of a child using the fitness center is responsible for any injury to such child or damage to or loss of any personal property caused by or related to the child’s use of the fitness center.
7. Violation of these rules by any owner, owner’s agent, tenant, relative, or guest shall cause the owner to be subject to a minimum fine of $100 per occurrence. Owner retains the right to a hearing before the Board of Directors for any fine imposed, as specified in the condominium documents.