Section 1
In addition to the other provisions of these bylaws, the following house rules and regulations together with such additional rules as may hereafter be adopted by the board of managers shall govern the use of the homes and the conduct of all residents thereof. Violations of house rules after 2 warnings notices will generate a fine of no less than $25.00 for each month the violation continues. (see Section 14)
Section 2
All homes shall be used for single family residence purposes only as such term is defined in the declaration. (i.e. no more than 4 adults all related to one another as either brother, sister, stepbrother, stepsister, mother, father, husband, wife, daughter, son, stepdaughter, stepson, together with any number of their children, all of whom are related to each other as brother or sister. Including adopted or foster children).
Section 3
Owners of homes shall not use or permit the use of the premises in a manner which would be disturbing or a nuisance to other said owners, or in such a way as to be injurious to the reputation of the condominium. Every owner shall assure adequate housekeeping of the common elements in and around their respective buildings.
Section 4
The common elements shall not be obstructed, littered, defaced or misused in any manner. This includes trash receptacles, wood piles, garden equipment, boats, snowmobiles, swing sets, recreation equipment and dog houses. Plastic sheeting may not be placed on outside of windows or doors.
Section 5
Every homeowner shall be liable for any and all damage to the common elements and the property of the condominium, which shall be caused by said homeowner or such other person for whose conduct he is legally responsible. Homeowners are responsible for damage caused to other units and or common areas by defects within the owner’s unit.
Section 6
- A) Every homeowner must perform promptly all maintenance and repairs to his/her home, which if omitted, would affect the community in its entirety or in part belonging to other homeowners, he/she being expressly responsible for the damages and liabilities that his/her failure to do so may engender.
- B) All the repairs to internal installations of the unit located in and servicing only that unit, such as gas, power, telephones and sanitary installations (except those effecting more than one homeowner) shall be at the homeowner’s expense.
- C) All balcony and stoop repairs are at the homeowner's expense, except materials for support of the balcony floor and support of the balcony. Prior notification of repairs to the board of managers is required.
Section 7
An owner shall not make structural modifications which would impair the structural soundness of the home without the written consent of the Board of Managers majority. Consent may be requested by written notice sent by registered mail, return receipt requested. The Board of managers shall have the obligation to answer within thirty days, and failure to do so within the stipulated time shall mean there is no objection to the proposed modification or alteration. Alterations to the roofs by the owner (or previous owners) shall thereafter be the responsibility of the owner. (i.e. Fireplace chimney, skylights, etc.) Fireplaces and chimneys shall be inspected ay a certified person at least every two years, and the official report filed with the Board of Managers. Fireplaces are forbidden in the Garden Condos. Repair of floors and groundwater problems within the unit are the responsibility of the homeowner.
Section 8
- A) No resident of the community shall post any advertisement or posters of any kind except as authorized by the Board of Managers.
- B) It is prohibited to hang garments, rugs, etc., from the windows or from any of the buildings or to string clothes lines (but not other outdoor clothes dryers) on or over common elements including the irrevocable restricted areas.
- C) No fence shall be erected in the community without the prior written consent of the Board of Managers.
- D) No television antennae or satellite dishes over 18” diameter shall be erected on the exterior of homes or on common elements. Any repairs necessitated by satellite dish attachments to the exterior of the unit, shall be a homeowner expense.
- E) No homeowner shall move, add, or otherwise change the landscaping of the community without the prior consent and approval of the Board of Managers. Upkeep of shrubbery, trees, etc. planted by the homeowner since the formation of Condo III is the responsibility of the homeowner or future homeowners.
- F) Homeowners may paint the exterior surface of units with permission of the Board of Managers so that proper paint can be supplied. Owners are encouraged to paint exterior doors with paint which will be supplied by the Board of Managers.
- G) No person shall park a vehicle or otherwise obstruct any resident's use of, ingress, or egress, to any parking space. No boats, trailers, campers or motor homes, and unregistered vehicles shall be stored or parked on the common elements within the community for more than 72 hours.
- H) Permission to install a Handicapped Parking sign can be granted only by request of the resident to the Board of Managers. Such request must include a copy of the handicapped parking permit. Location of the sign will be at the Board's designation.
- I) Homeowners are required to park autos responsibly to meet the physical capacity of the parking area. There are approximately 1-2 spaces per home in the parking areas for townhouses and garden condos. Any additional auto, including those of your guest should be parked on the driveway aprons or on the street.
Section 9
Charcoal, gas or other open flame devices must be located 20 feet from buildings when in use. No cooking or open fires allowed on balconies.
Section 10 Snow Removal
All vehicles must be moved by 11:00 a.m. from areas which were not cleared earlier.
Section 11
Each homeowner is responsible to put out trash and recyclables in accordance with county regulations and schedules issued by the Board of Managers. Other items such as rugs, furniture, etc. must be labeled with the unit number attached to each item. Special billing at cost will apply. Trash should not be placed out before 6 p.m. the day before scheduled pick up. All trash must be bagged and tied, and containers stored inside.
Section 12
All proposals for structural changes such as decks, windows, fireplaces etc. must be submitted to the Board of Managers for consideration. A maximum size for decks has been established at 256 sq. ft. (16’ x 16’).
Section 13
Small dogs or cats and other domestic pets that are not perceived as dangerous, or have a reputation for being troublesome (Akita, American Staffordshire, Terrier (pit bull), Chow, Rottweiler, Shar-pei, wolf hybrid, or predominantly these breeds are specifically disallowed due to insurance regulations) maybe harbored in your unit. Pursuant to Town of Van Buren law, pets must be leashed when outside. They may not create a nuisance, appear to threaten people or other pets, or make noise which disturbs other homeowners. Animals may be tied to a stake when outside only if in the common area designated as restricted for that homeowners use and then only if the homeowners are home to control them. The immediate area around the Garden Condos is considered common and not restricted to an individual’s private use, therefore animals may not be staked there, (reference: Irrevocably Restricted Areas on page 8 of declaration.) Pet owners must pick up and properly dispose of the waste left by their pets in any and all areas of the Condo III community. Any exceptions to any of these requirements must be approved by the Board of Managers. All costs associated with the repair of damages to the common areas caused by pets will be billed back to the homeowner.
Section 14
Homeowners who notice violations of the house rules and are unable to resolve them with a friendly reminder shall then notify the Board of Managers who shall investigate and then, if necessary, officially notify the homeowners of the violation of the house rules. If the violations are not corrected within a reasonable time after 2 notifications, the Board shall have the power to assess penalty fines to the homeowners of not less than $25.00 for each month the homeowner is in violation. Unpaid penalty fines shall be treated the same as common fees and as such are subject to court action and additional legal fees.
Section 15
It is the responsibility of owners to require that renters provide the Condo association with the following information within one week of occupancy of the unit.
- A) Unit number being rented
- B) Name(s) of person(s) residing in unit
- C) License number and ID of renter’s vehicle(s)
- D) Description of any pets (dog, cat)
It is also the responsibility of the owner to provide renters with a copy of the house rules.
Section 16
Homeowners who become delinquent with monthly payment of the common fee or any special assessments shall be charged a late fee of $25.00 for each month such payment is delinquent. After 90 days a lien may be placed on the home which entails additional charges. (see ARTICLE IX - Default).
Section 17
Section 16 Stricken
Homeowners who become delinquent with monthly payment of the common fee or any special assessments shall be charged a late fee of $75 for each month such payment is delinquent for a period in excess of 15 days a lien may be placed on a home which entails additional charges. (See article IX-titled DEFAULT)