These guidelines, rules, regulations and procedures supersede and replace all previous rules, regulations and procedures. They may be amended by a majority vote of the Board of Directors. These guidelines, rules, regulations and procedures are effective upon a vote of approval of a majority of the Board of Directors. Approval occurred on October 10, 1992.
DEFINITIONS:
Owner means a person, firm, corporation or other legal entity who is the recorded owner of a condominium unit or interest.
Renter (or lessee) means the person or persons whose names and mailing addresses have been registered by the owner or the owner's rental agent with the managers of the project as renters of a condominium unit. Only registered renters will be permitted to make use of general common elements without being accompanied by an owner or registered renter.
Rental Agent means the person, firm, corporation or other legal entity who must be registered with the Board of Directors of the project as the rental agent by the owners of the units that they represent.
Guest means any customer, agent, employee, tenant, unregistered renter or lessee, or invitee of an owner and/or a customer, agent, employee, tenant, renter, lessee, or invitee of an owner's agent.
Project means the real property and all improvements thereof including condominium buildings and units, general common elements, and limited common elements.
GENERAL RULES:
No Violation of Law: No owner, renter or guests shall do anything or keep anything in or on the project which would be a violation of any statute, rule, ordinance, regulation, permit or other imposed requirement of any government body.
No Imperiling of Insurance: No owner, renter or guests shall do anything or cause anything to be kept in or on the project which might result in an increase in the insurance premiums of insurance obtained for the project, or which might cause cancellation of such insurance.
No Waiver: The failure of the Association, the Board of Directors, managers, owners or owner's guests to enforce any restriction, rule, regulation, guideline, provision or procedure shall not constitute a waiver of the right to do so thereafter.
Rule A: No noxious or offensive activity shall be carried on upon any part of the project, nor shall anything be done or placed on or in any part of the project which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the project, and no improvements shall be made or constructed on any part of the project which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the project which is unreasonably loud or annoying. No odor shall be emitted on any part of the project which is noxious or offensive to others. No light shall be emitted from any part of the project which is unreasonably bright or causes unreasonable glare.
Rule B: No unsightliness is permitted on or in any part of the project. Nothing shall be kept or stored or hung from or placed upon any of the general common elements, or limited common elements, and nothing shall be placed on or in windows or doors of condominium units which would or might create an unsightly appearance.
Rule C: No signs, advertising, or devices of any nature shall be erected or maintained on any part of the project without the prior written consent of the Board of Directors. Small signs advertising a unit for sale or for rent may be allowed on a temporary basis if such sign complies with Town of Georgetown Ordinances.
Rule D: If due to the act or neglect of an owner, renter or guests, or an animal belonging to an owner, renter or guest, waste or damage shall be caused to any person or property, including the project or any condominium unit therein, the owner shall be responsible for the same.
Rule E: It is the responsibility of the unit owner to make sure his renters or other guests comply with all of these rules.
The determination with respect to whether or not a particular activity, occurrence, or thing shall constitute a violation of general rules A, B, C, D or E shall be made by the Board of Directors of the Association and shall be final.
RULES OF THE GENERAL COMMON ELEMENTS:
1. The Board of Directors and/or the manager has the authority to close the clubhouse, laundry facilities, pool, sundecks or any area of the general common elements at any time because of weather conditions, safety reasons, disturbances, etc.
2. No animals are allowed in the clubhouse, laundry facilities, pool, pool area, or sundecks at any time without prior written consent of the Board of Directors.
3. All people in or using the clubhouse, pool, sundecks, laundry facilities, or the general common elements must be owners or renters or accompanied by an owner or renter.
4. No unauthorized hookup, connection or use may be made to any utility, electric, gas, water or sewer charged to the project.
5. No vehicles may be driven or parked on the grassy areas or walkways of the project.
SAFETY RULES:
1. The throwing or dropping of anything from or to patios or windows is prohibited.
2. Children are not allowed to play in parking areas, stairways, building walkways, laundry facilities or around trash dumpsters.
3. Rock throwing is absolutely prohibited.
4. No gun, device or mechanism which shoots, propels, or emits any projectile may be used or possessed on any of the general or limited common elements.
5. No chain saw (electric or gas) shall be operated on the project. No wood chopping or splitting is permitted on the project.
6. Fire alarms/smoke detectors must be installed in each unit, and a fire extinguisher must be available in each unit.
ANTENNAS AND AERIALS:
1. Without the prior written consent of the Board of Directors, no exterior antennas or aerials of any type shall be placed, allowed or maintained on any portion of the general or limited common elements of the project.
PATIOS:
1. Patios are for the use and enjoyment of the owners and guests.
2. Patio areas will be neat and orderly at all times. It is the responsibility of the owner to maintain the patio area in a neat and orderly manner at all times.
3. No activity within any patio area shall be allowed which is reasonably offensive to sight, smell or hearing of any other resident.
4. No flammable material except firewood shall be stored on patios.
5. Patio furniture must be of the type normally associated with use on a patio.
6. Planters which are hung from patios and/or along the edge of patios must be securely and safely fastened and must not be unsightly.
7. Patios may not be used for storage with the following exceptions:
a. A maximum of one-half cord of firewood may be neatly and safely stored on patios and should be stacked toward the wall of the unit.
b. Bicycles may be stored on patios in an upright position. Bicycles may not be hung from patios. No motor vehicles, motorcycles, mopeds, etc. may be kept on patios.
PETS:
1. Allowable pets:
a. No animals, birds, insects, reptiles, etc. may be kept, harbored, raised, or bred on or in any part of the complex without prior written consent from the Association.
b. Residents are hereby given written consent to have one dog or two cats. This consent may be revoked for failure to abide by the rules and regulations governing animals.
2. Grounds, lawns and landscaping will not be used for animal feces or urine.
a. If such deposits are made, it is the responsibility of the owner of the animal to pick up solid wastes and dispose of them properly to prevent damage or health hazards.
b. Proper disposal of solid waste is placement in the trash dumpsters.
c. Urine waste is to be washed down to prevent damage or health hazards.
d. Urine waste on patios above the ground floor will be wiped or mopped and the area washed to prevent damage and health hazards.
3. Animals are not allowed on patio areas unless the owner is present. All animals on patios will be tethered or leashed so the animal cannot leave the patio area or climb or jump overor through the railings.
4. Animals must be under the physical control of the owner at all times.
a. Physical control means being held by a leash of 10 feet or less in length.
b. At no time may animals run at large on general or limited common elements of the complex.
5. At no time may any structure used to house animals be allowed on the patios.
TRASH:
1. Trash dumpsters shall be used only by owners and renters and only for garbage, trash and debris originating on or in the project. All garbage, trash and debris shall be placed in the trash dumpsters. The lids of the trash dumpsters shall be closed after use.
NOISE:
1. At all times owners, renters and guests shall attempt to minimize noise in condominium units and common areas.
2. No noise, loud playing of radios, phonographs, television, musical instruments or operation of power tools, hammering, or sawing is permitted between the hours of 10:00 p.m. and 8:00 a.m.
a. Violation of this rule shall be conclusively established if noise, etc. is audible outside a condominium unit entrance door or through wars, floors and ceilings of adjacent condominium units.
PARKING REGULATIONS:
1. Parking in the "U" area between buildings A, B, C and D, E, F is by permit only. Non-permit parking and visitor parking is allowed along Clear Creek Drive. Only one (1) permit per unit will be issued.
2. A maximum of one (1) vehicle per unit will be allowed in the "U" areas. Additional vehicles must be parked along Clear Creek Drive in designated parking areas.
3. All vehicles must be currently licensed and in good running order.
4. Recreational campers, trailers, snowmobiles and boats shall be parked along Clear Creek Drive.
5. Temporary storage of motor vehicles, boats, trailers, campers and recreational vehicles for up to six months is permitted with prior written consent of the Board of Directors. Any storage which is consented to will be in designated areas only.
6. The parking or storing of a vehicle in an area not designated for that type of vehicle is prohibited.
7. Motorcycles, motorbikes, mopeds, etc. shall be parked only on the concrete pads with the implanted locking posts.
8. No repairs other than tune-ups and minor repairs shall be made on the project to any vehicle. No vehicle may be placed or left on a jack or ramp without an adult present at all times.
9. Any owners, renters or guests whose vehicles are not in operating condition or are parked in the wrong area for that type of vehicle may have their vehicles towed at the unit owner's expense.
10. Vehicles which appear to be abandoned, including those without current license tags and those which are not moved for a period of thirty days, will be towed at the unit owner's expense.
CLUBHOUSE:
1. CLUBROOM:
a. Only owners have use of the clubroom. Rules and regulations governing private parties are available from the managers.
2. LAUNDRY FACILITIES:
a. Only owners and renters may use the laundry facilities.
b. Persons using the laundry room machines shall clean the machines after use.
c. No food or drink may be brought into or eaten in the laundry area.
d. Children are not permitted in the laundry room unless accompanied by a parent or guardian.
3. POOL:
a. The pool hours are posted in the laundry room.
b. All people enter the pool area at their own risk and swim at their own risk.
c. A child is anyone under 18 years old.
d. No children are allowed in the pool area or on the sundecks unless accompanied by a parent or legal guardian.
e. No person having infectious diseases, open sores, bandages, cuts or recent vaccinations shall be permitted in the pool, pool enclosure or sundecks.
f. An owner or renters may have a total of four visitors with them at the pool, pool enclosure or sundecks at any one time.
9. Owners and guests are to be properly attired in swimming suits only. Cut-off jeans are not permitted.
h. No glass containers are permitted in the pool, pool enclosure or sundecks at any time.
i. No owner, renter or guest may reserve the pool for private use.
j. Battery operated radios only are permitted on the sundecks. Volume will be very low.
k. No electrical device whatsoever is permitted in the pool enclosure at any time.
GUIDELINES, RULES AND REGULATIONS ENFORCEMENT:
The Board of Directors strongly encourages owners, renters and neighbors to settle differences in a friendly, courteous and non-threatening manner. The provisions which follow should be utilized on as a last resort.
Anyone may report or file a complaint with the managers on the form provided by the managers for any rule or regulation violation. Upon receiving a written complaint, the managers shall investigate and determine the validity of the complaint. If the complaint is found valid, the managers will inform the owner or renter that a complaint has been made and found to be valid. The managers will inform the owner and/or renter how to correct the violation. If the violation is corrected, and not repeated, no further action will be taken unless damage, loss or waste has occurred to the project.
If repeated violations occur, the managers will inform the Board of Directors of the problem. The Board may take any or all of the following actions:
1. A member of the Board will investigate the repeated violations and talk with the owner or renter to determine the problem with compliance to the rules and regulations and report to the Board the findings in writing.
2. If the violations are corrected, no further action will be taken unless damage, loss or waste has occurred to the project.
3. If damage, loss or waste has occurred to the project, the cost of repair and replacement will be assessed against the owner of the unit, if it is the owner who caused the damage, loss or waste to the project. It will also be assessed against the owner of the unit if the owner's or renter's guests have caused the damage, loss or waste to the project.
If violations continue, the Board of Directors has the authority and power to take any or all of the following steps:
1. Suspend the owner's or renters rights to use any and all of the general common elements -- parking areas, laundry facilities, clubhouse, pool and voting privileges in the Association.
2. Levy assessments, charges, fines or penalties against the owner of the unit. Note: when an owner's right to use the general common elements are suspended for nonpayment of monthly maintenance assessments or fines for rule violations, the suspension also applies to the renters or guests of the owner.
3. Institute court proceedings for mandatory or prohibited injunction, and/or by suit or action to recover damages. The expense of any and/or court proceedings will be assessed against the owner of the unit in which the owner or renter is the object of the legal or court proceedings.
NOTE: any condominium owner shall fail or refuse to make any payment of any assessment attributable to him the amount thereof together with interest at the rate of 18% per annum shall constitute a lien on the condominium interest of such owner.
4. Foreclosure of lien.
5. Any owner or owner's guest who feels he/she was treated unfairly by the managers or the Board of Directors may request a meeting with the Board of Directors. Such a request will be made in writing to the managers or to any member of the Board of Directors. At any time any owner or renter may request to appear at the next Board of Directors meeting to present his or her side in any dispute between the managers and/or the Board of Directors.