Rules and Regulations, Summer Wind Condominium Association
Article 1. Preamble 3
Article 2. Enforcement 4
Section 2.01 INTENT 4
Section 2.02 NOTICE OF HEARING PROCEDURE 4
Article 3. Board Meetings and Minutes 7
Article 4. Assessments, Fines, Fees, and Payments 7
Section 4.01 MONTHLY MAINTENANCE 7
Section 4.02 PENALTIES/FINES/FEES 8
Section 4.03 PAYMENTS 8
Section 4.04 LIENS 9
Article 5. Management Agent 9
Article 6. Insurance 9
Article 7. Rules Regarding the Use and Appearance of the Common Elements 10
Section 7.01 DEFINITIONS 10
Section 7.02 MAINTENANCE AND REPAIR RESPONSIBILITIES 11
Section 7.03 ELEMENTS THAT THE UNIT OWNER IS RESPONSIBLE TO MAINTAIN AND REPAIR 11
Section 7.04 ELEMENTS THAT THE ASSOCIATION IS RESPONSIBLE TO MAINTAIN AND REPAIR 11
Section 7.05 BALCONIES/PORCHES/DECKS/PATIOS 12
Section 7.06 DRAPERIES AND WINDOW COVERINGS 12
Section 7.07 ARCHITECTURAL CONTROL 13
Section 7.08 ALTERATIONS AND APPEARANCE 13
Section 7.09 SEASONAL DECORATIONS 14
Section 7.10 SATELLITE/ANTENNAE 14
Section 7.11 SIGNS 14
Section 7.12 GARBAGE REMOVAL 15
Section 7.13 REMOVAL OF USED HOUSEHOLD GOODS 16
Section 7.14 NOISE, MUSIC, ETC. 16
Section 7.15 NUISANCES 16
Section 7.16 DRIVE COURTS 16
Section 7.17 GARAGES 17
Section 7.18 ACCIDENTS 17
Section 7.19 GENERAL RULES 17
Article 8. Restrictions on Property Use 18
Article 9. Pets 18
Article 10. Parking 19
Article 11. Procedures for Selling a Unit 20
Article 12. Leasing Policy 21
Exhibits A 1-4 22
Exhibit B 27
Exhibit C 28
Note: All changes from the previous version of the Rules and Regulations are underlined. Article headings, of course, were already underlined.
Article 1. Preamble
Summer Wind Condominium Association has legal restrictions. These legal restrictions are outlined in the Summer Wind Declaration of Condominium ownership. The Declaration and By-Laws give the governing Board of Directors the authority to further establish Rules and Regulations pertinent to the Association.
These Rules and Regulations have been adopted with the intent of providing the residents of Summer Wind with a practical plan for day-to-day living in our community. The goal is to maintain the property as a first-class Association and to provide the residents with specific information that will be reviewed on an ongoing basis by the Board of Directors.
A successful Condominium Association is a community of owners who share pride of home ownership. It does not and cannot tolerate individual actions that will deter that pride. In order to have effective Rules and Regulations, the cooperation of all of the residents of the Association is required.
The governing Board of Directors operates like any other legislative body. Every year you elect the Board members who, in turn, meet (word deleted) and vote on the issues based on what they think the majority of Association owners want or the Declaration demands. Serving on the Board is strictly voluntary and without pay. Each elected Board member serves a two-year term.
There are 286 condominium owners in the Association, each presumably having different opinions and lifestyles, and yet living in very close proximity. Like all groups that wish to live in harmony, the Association must blend individual rights with the group desires. These regulations have been established to preserve the beauty and architectural design of this community while allowing the owners to live in the manner and lifestyle they choose.
Because the owners will have different lifestyles it is natural that there will always be some who oppose a particular regulation. For those in the minority on any specific regulation, please keep in mind two points:
A.The Declaration under which the Association was formed regulates some aspects of community life to provide for the common good and the governing body under the Declaration making those decisions is a Board of Directors elected by the owners. Decisions by the Board are based on the idea of decision making by the majority.
B.If you feel that a regulation is no longer shared by the majority, and is not a violation of any City, County, or State ordinance, the Declaration gives you the right to petition the community and establish what is, in fact, acceptable to the majority. If you violate a regulation and are fined, remember that this action is taken against you because the majority of Summer Wind Condominium Association owners consider it to be just and proper. The majority ultimately determines policy for the Association, not Board Members or the Management Agent.
So long as the Rules and Regulations are consistent with the Declaration, they are binding on all owners, tenants and visitors, upon adoption of the Board of Directors. It is essential that each individual be familiar with all restrictions placed on the use of common elements as outlined in the Declaration and the Rules and Regulations. The Board of Directors will take any necessary action that needs to be taken to correct a violation against both the owner and the tenant of any property.
Article 2. Enforcement
The Association is responsible for enforcing rules and regulations and may do so, if necessary, through legal action. The Declaration establishes the fact that unpaid fines and assessments form a lien against the unit on which they are not paid and such liens may reduce the ability of an owner to sell such a unit. The Association also furnishes recommended forms relating to the enforcement of these rules and regulations through its management agent. All forms are available upon request.
Section 2.01 INTENT
A.The purpose of the enforcement section of these Rules and Regulations is to provide a governing mechanism that establishes the due process rights of an owner and a set of procedures that will enable the Board of Directors to reach decisions which will promote the common good of the Association.
B.The Board reserves the right to consider mitigating circumstances when enforcing the Declarations or these Rules and Regulations. However, the integrity of the rules process requires that exceptions be few in number and their basis well documented. Such exceptions shall not constitute a waiver of the Association’s right to enforce the Declaration and the Rules and Regulations in their entirety in the future.
Section 2.02 NOTICE OF HEARING PROCEDURE
A.Any complaint which alleges a violation of the Declaration, By-Laws or Rules and Regulations shall be made in writing and shall contain substantially the same information as that set forth in the Witness Statement attached hereto as Exhibit A-1.
At a minimum, the complaint shall set forth:
1.The name, address and phone number of the complaining witness.
2.The Unit Owner's name, Unit number or address of the Unit where the person or Resident complained of resides.
3.The specific details or description of the violation, including the date, time and location where the violation occurred.
4.A statement by the complaining witness that he or she will cooperate in the enforcement procedures and will provide testimony at any hearings or trial which may be necessary.
5.The signature and address of the complaining witness and the date on which the complaint is made.
B.When a complaint is made pursuant to the above, the Unit Owner shall be notified of the alleged violation by the Association or its duly authorized agents. The notification shall be in a manner prescribed by the Board in a form similar to that which is attached hereto as Exhibit A-2 (hereafter "Notice of Violation").
In the event the alleged violation is not the first violation by the Unit Owner, or in the event the violation is such that serious, immediate or irreparable consequences may occur by delay, the Board may elect to forward the matter to the Association's attorney for appropriate action. All legal expenses and costs incurred will be assessed to the Unit Owner's account, if the Unit Owner is found guilty of the violation.
The Association's attorney, if contacted regarding the violation, shall send such notices, make such demands or take such actions as are necessary to protect the interests of the Association in accordance with the provisions of the Declaration, By-Laws or Rules and Regulations of the Association.
C.If any Unit Owner charged with violation believes either that no violation has occurred or that he has been wrongfully or unjustly charged hereunder, the Unit Owner must proceed as follows:
1.Within twenty-one (21) days after the Notice of Violation has been served on the Unit Owner pursuant to the provisions herein, the Unit Owner must submit, in writing, a request for a hearing concerning the violation. A hearing may be requested by completing the Request for a Hearing form, which is attached hereto as Exhibit A-3, and by returning it to the Association.
2.If a request for a hearing is filed, a hearing on the complaint shall be held before the Board of Directors at the next regularly scheduled Board of Directors meeting or by special arrangement with the Board of Directors.
3.At any such hearing, the Board or Directors shall hear and consider arguments, evidence or statements regarding the alleged violation, first from any person or persons having direct knowledge of the alleged violation and then from the alleged violator and any witnesses on his behalf. Following a hearing and due consideration, the Board of Directors shall issue its determination regarding the alleged violation. The decision of the Board or Directors shall be made by majority vote, whose decision shall be final and binding on the Unit Owners and the Association.
4.Payment of any violations assessments, charges, costs or expenses made pursuant to the provisions contained herein shall not become due and owing until the Board of Directors has completed its determination. Notification of the Board of Director’s determination shall be made in a form similar to that which is attached hereto as Exhibit A-4.
D.If no request for a hearing is filed within fifteen (15) days, a hearing will be considered waived, the allegations in the Notice of Violation shall be deemed admitted by default, and appropriate sanctions shall be imposed. The Unit Owner shall be notified by the Association of any such determination using the same form and in the same manner as if a hearing had been conducted by the Board of Directors.
E.If a Unit Owner is found to have violated personally or is otherwise liable for a violation of any of the provisions of the Declaration, By-Laws or Rules and Regulations of the Association, the following shall occur:
1.If found to be guilty of a first violation of a given provision of the Declaration, By-Laws or Rules, the Unit Owner shall be notified of the finding by the Association or its duly authorized agents that a first violation has occurred. The first violation, at the discretion of the Board of Directors, may be considered a warning that, if any further violations occur, a fine for the violation will be imposed. In the alternative, the Board of Directors may elect to assess a fine, after considering factors, including but not limited to, the length of time the violator has owned a Unit or resided on the property, and if not, the extent of control the Unit Owner had or should have had over the violator's conduct, the familiarity of the violator with the regulation, the severity of the violation and other appropriate factors. In addition, any legal expenses incurred by the Association or any actual damages repaired at the Association's expense may be imposed.
2.If found to be guilty of a second or continuing violation of the same provision of the Declaration, By-Laws or Rules, the Unit Owner shall be notified of the finding by the Association or its duly authorized agents. The Unit Owner shall also be assessed a fine.
3.Where a fine is imposed for a minor offense, unless otherwise stated elsewhere, it shall be in the amount of $25.00 Dollars unless cured in 30 days for single incidents of violation or the sum of $50.00 dollars for the second repeated single violation, and $100.00 dollars for the third repeated single violation, or legal action to enjoin violation for the 4th offense. Where a fine is imposed for a major offense, unless otherwise stated elsewhere, it shall be in the amount of $100.00 Dollars unless cured in 30 days for single incidents of violation or the sum of $250.00 dollars for the second repeated single violation, and $500.00 dollars for the third repeated single violation, or legal action to enjoin violation for the 4th offense. In the event there is any offense where the Association incurs costs and expenses, the owner will be responsible for those costs and expenses. This includes, but is not limited to: damage to property; personal injury; restoration costs; and legal costs and attorney’s fees.
4.If found to be guilty of any violation, including a first violation, the notice of determination may also require the Unit Owner to correct any damage or any unauthorized condition on the Property for which the Unit Owner has been found responsible, to pay the costs of any repairs which have previously been made, or to pay any legal expenses and costs incurred by the Association as a result of the violation.
5.In the event any violation has resulted in damage to any Common Property, which has not yet been repaired, or has resulted in any damage or any unauthorized condition on the Property, the Unit Owner will be given two (2) Notices of Violation to correct the damage or architectural violation. If the damage or violation has not been corrected within fourteen (14) days after a finding of guilty has been made on the second violation, or by special arrangement approved by the majority of the Board of Directors, the Association will proceed to have the violation corrected, and the Unit Owner will be assessed for the full cost of labor and materials required.
In order to encourage Unit Owners to correct violations at their own time and expense, in addition to the foregoing assessment the Unit Owner will be responsible for compensating the Association for any additional expenses accrued due to the necessity to intervene, such as but not limited to, administrative expenses involved in obtaining and supervising any such correction.
F.Any Unit Owner assessed hereunder shall pay any charges imposed within thirty (30) days of notification that such charges are due. Failure to make the payment on time shall subject the Unit Owner to all of the legal or equitable remedies necessary for the collection thereof. All charges imposed hereunder shall be added to the Unit Owner's account, shall become a special assessment against the Unit and shall be collectible as a Common Expense in the same manner as any regular or special assessment against the Unit.
G.Time is of the essence of this policy. Notices are deemed served either:
1.By personal delivery at the time of delivery; or
2.By mail following two (2) days after deposit in the United States Mail, provided that the notice has been sent both by regular first class and by certified mail - return receipt requested, postage prepaid, to the Unit Owner at the Unit address, or to such other address as the Unit Owner shall have previously filed with the Board of Directors, and further provided that either the return receipt has been signed and returned or that the notice sent by regular mail has not been returned to the Association undelivered. For Units held in trust, the notices may be sent either to the address of the trustee, or to such address as has been provided to the Association by the trustee or the beneficial owner of the trust; or
H.The remedies hereunder are not exclusive, and the Board of Directors may, in addition, take any action provided at law, in equity, or in the Declaration and By-Laws to prevent or eliminate violations thereof or of the Rules and Regulations of the Association.
Article 3. Board Meetings and Minutes
The Board of Directors meets in an open forum four times a year. The annual meeting for elections of new Board Members is held in March of each year. It is important to attend the annual meeting or at least to fill out a proxy, so that a quorum can be attained for the election. Exact times and places of the meetings can be obtained from the Management Agent.
The Board Secretary keeps the proceedings of all Board meetings in the form of minutes. Minutes and the management reports are available for review at the management agent’s office.
Article 4. Assessments, Fines, Fees, and Payments
Section 4.01 MONTHLY MAINTENANCE
Unit owners are required to pay a monthly maintenance assessment (“assessment”) as approved annually in the Summer Wind Condominium Association budget. Monthly assessments are due by the first of each month.
A.All assessments are due and payable on the first day of each month in which levied.
B.Assessments not paid by the 15th day of the month in which they are due shall be
subject to a late fee of $25.00 each month.
C.If assessments are over 60 days past due, the owner shall be sent “thirty day notice
of intent” to file Forcible Entry and Detainer action by the Association’s attorney.
D.If assessments are over 90 days past due, the Association’s attorney will be authorized
to file a Forcible Entry and Detainer action lien, or other collection action as determined