THE CHEROKEE BLUFF
RESIDENT’S MANUAL
A MANUAL OF
SAFETY AND SECURITY POLICIES AND PROCEDURES,
RULES AND REGULATIONS
CHEROKEE BLUFF
COUNCIL OF CO-OWNERS, INC.
1431 CHEROKEE BLUFF DRIVE
KNOXVILLE, TN 37920
2015
Table of Contents
INTRODUCTION
I.PURPOSE OF MANUAL
II.RECEIPT OF MANUAL
III.DEFINITIONS
A.mASTER dEED
B.Cherokee Bluff Condominiums
C.Cherokee Bluff Co-Owners’ Council, Inc.
D.Management
E.Co-Owner
F.Lessee
G.Resident
H.Resident in Good Standing
I.Visitor/Overnight Guest
J.Access Control Monitor
K.Board of Directors
L.Gatehouse or Access Facility
M.Common Area
N.Vehicle
O.Management Company
P.Security Company
Q.General Common Elements
R.Limited Common Elements
PART 1. SAFETY AND SECURITY POLICIES AND PROCEDURES
I.POLICY
A.Warranties
B.Management of Access Control Monitors
C.Limitation of Liability
D.Antidiscrimination
II.GENERAL SAFETY AND SECURITY
A.Property Perimeters
B.Within Property Perimeters
C.Co-Owner and Lessee Responsibility
III.GENERAL POLICIES AND PROCEDURES FOR SECURITY MANAGEMENT
A.Personnel
B.Objectives of the Access Control Monitor
C.Security Committee
D.Legal Disclaimer
E.Qualifications
F.Oversight of Enforcement of the Policies, Procedures, Rules and Regulations by the Access Control Monitors
G.Prohibitions and Limitations
IV.OPERATING GUIDELINES AND DUTIES OF THE ACCESS CONTROL MONITOR
A.General
B.Monitoring and Controlling Access to the Complex
C.Patrolling and Receiving Complaints
V.ENTRY PROCEDURES
A.Visitors
B.Entry of Real Estate Agents and Buyers
C.Open House
PART 2. RULES AND REGULATIONS
I.PROCEDURES FOR GRIEVANCES AND RECOMMENDATIONS
A.Grievances
B.Form of Complaint Against an Access Control Monitor
C.Right of Appeal
D.Management Responsibility
E.RECOMMENDATIONS
II.GENERAL RULES
A.Nuisances
B.Noise
C.Pets
D.Bicycles, Tricycles, Skateboards, etc.
E.Appearance of the Community
F.Pedestrians and Children
G.Structural Changes
H.Aesthetic Modifications
III.RENTING OR LEASING
A.Resident Co-Owners
B.Non-Resident Co-Owners
IV.CLUBHOUSE RULES
A.GENERAL RULES
B.Children’s Use of the Clubhouse
C.LOCKER ROOMS
V.RECREATIONAL FACILITIES
A.TENNIS
B.SWIMMING POOL
VI.PARKING AND USE OF VEHICLES
A.VEHICLE LIMITATIONS
B.PARKING
C.STORED VEHICLE PARKING
D.SPEED LIMIT
E.COURTESY
F.VEHICLE IDENTIFICATION
VII.ENFORCEMENT
A.DUE PROCESS FOR PARKING RULE VIOLATIONS
B.DUE PROCESS FOR NON-PARKING RULE VIOLATIONS
C.RESPONSIBILITY OF FINES
D.GRACE PERIOD
E.FAILURE TO COMPLY
THE CHEROKEE BLUFF RESIDENT’S MANUAL
INTRODUCTION
Cherokee Bluff Co-Owners Council, Inc., is a residential, not-for-profit corporation and community composed of 136 condominium units and property of Cherokee Bluff Horizontal Property Regime. The community is administered and managed by the Board of Directors, which is comprised of Co-Owners duly elected by their peers, with the assistance of a contracted management firm.
The Board has the authority to enforce the policies, procedures, rules and regulations set forth in this manual. The Board of Directors reserves the right to review and amend the policies, procedures, rules and regulations at its discretion. All residents of CBC and their guests are expected to comply with the policies, procedures, rules and regulations as set forth in this manual and in the Master Deed and Bylaws as amended.
I.PURPOSE OF MANUAL
The purpose of this manual is to provide and facilitate the use of measures designed to promote the safety, security, peace and well-being of the residents and property of Cherokee Bluff Co-Owners, lessees, and their guests.
II.RECEIPT OF MANUAL
The Board of Directors of CBCCI will direct the issuance of a copy of this manual to current and new residents of CBC and to each Access Control Monitor. Copies of the manual may also be obtained from the Management Company.
III.DEFINITIONS
A.mASTER dEED
The Master Deed for Cherokee Bluff was issued December 31, 1975, and is registered with the Knox County Register of Deeds in Book 1570, Pages 190-240. The official title for the Master Deed is the “Cherokee Bluff Horizontal Property Regime”. The Master Deed contains several attached exhibits which include the original survey of the property, a description and definition of the apartments or condominium units, and the Bylaws. The Master Deed is amended from time to time to reflect the continuing needs of the Cherokee Bluff Community. Copies of the State Charter, Master Deed with exhibits and amendments are available for review at the office of the Knox County Register of Deeds or at the office of the Management Company.
B.Cherokee Bluff Condominiums
The 136 unit residential complex known as Cherokee Bluff Condominiums shall appear as CBC in this manual.
C.Cherokee Bluff Co-Owners’ Council, Inc.
The “CHEROKEE BLUFF CO-OWNERS’ COUNCIL, INC.” was chartered by the State of Tennessee on June 26, 1975 and is the controlling authority for the Master Deed. For the purposes of this manual, the corporation is designated as CBCCI. The Co-Owners’ Council consists of the legal owners of the 136 units of Cherokee Bluff Condominiums with voting rights as specified in the Master Deed.
D.Management
Management of CBC is vested solely in the Board of Directors. The Board shall have the authority to administer the provisions of this manual either directly or indirectly through duly appointed designees including a contracted management firm.
E.Co-Owner
Co-Owner is defined as the individual or individuals who have legal title to a condominium unit within the CBC community.
The Co-Owner is ultimately responsible for all violations of these policies, procedures, rules and regulations including the violations by the lessee and/or guest(s).
F.Lessee
A Lessee is defined as a resident who has leased or rents a Cherokee Bluff condominium from a Co-Owner.
G.Resident
A Resident is a person who lives at Cherokee Bluff Condominiums. A resident may be a Co-Owner or a lessee or dependent of an owner or lessee.
H.Resident in Good Standing
A Resident in Good Standing is a person who is current in his/her fees and has no outstanding fines, tickets, liens, or judgments against him/her or his/her condominium unit. This applies to lessees and Co-Owners.
I.Visitor/Overnight Guest
A Visitor/Overnight Guest is an individual who has been invited to CBC by CBC residents. A Visitor/Overnight Guest is allowed to enter CBC only if permission is obtained from the resident and the Access Control Monitor grants clearance. Visitors/Overnight Guests may be barred from CBC for infractions of the Rules and Regulations. Overnight guests for more than two nights (consecutive or nonconsecutive) must obtain a Guest Pass. Overnight is defined as being on the property between 1:00am and 6:00am.
J.Access Control Monitor
Access Control Monitors are individuals employed by a contracted security company through CBCCI to monitor access of people entering CBC, to monitor and report rule violations to the Security Committee and Management Company, and to report to the Knoxville Police Department any illegal or presumed illegal activity.
K.Board of Directors
The seven elected members of the Board of Directors for CBCCI will be referred to as the BOD for the purpose of this manual.
L.Gatehouse or Access Facility
The Gatehouse or Access Facility is the building at the entrance of the community and is the primary workplace of the Access Control Monitors. Only personnel who are employed by the Security Company and individuals who are members of the BOD or Security Committee are permitted within the Gatehouse or Access Facility building.
M.Common Area
The Common Area of Cherokee Bluff is defined as the real property within the CBC perimeter, which is not explicitly owned by individual(s) whose name(s) appears on the deed. Hence, all activity that takes place on the common areas is subject to the Cherokee Bluff policies, procedures, rules and regulations, giving the BOD jurisdiction to fully regulate and restrict all aspects of the common areas.
N.Vehicle
A vehicle is defined as a motor vehicle (i.e., automobile, truck, motorcycle or similar motorized vehicle) or recreational vehicle (i.e., motorhome, camper, trailer, boat, or similar vehicle). Motor vehicles must be functional, licensed and registered to a resident. Definition of a vehicle is defined and subject to approval and review by the Board of Directors.
O.Management Company
The Board of Directors will contract with a private Management Company to assist with the overall management of Cherokee Bluff Condominiums.
P.Security Company
The Board of Directors will contract with a private Security Company, which will furnish Access Control Monitors for Cherokee Bluff Condominiums.
Q.General Common Elements
As described in the Master Deed, the General Common Elements consist of elements of the buildings and property which are the responsibility of the Cherokee Bluff Council of Co-Owners, Inc. These include:
1.All roads, driveways, parking areas
2.Outside walls, studs and structural elements of individual units including garages
3.Studs and structural elements of non-load bearing walls (except those located within an apartment)
4.Walls inside carports (unless enclosed by garage doors)
5.Roofs except where modifications such as a skylight or chimney has been installed by the owner
6.Decks of Cherokee Heights units (except as noted under Limited Common Elements)
7.Compartments for common utilities
8.Common mailbox facilities
R.Limited Common Elements
As described in the Master Deed, the Limited Common Elements consist of elements of the buildings and property which are the responsibility of the individual Co-Owner. These include:
1.Surface areas and railings of all decks, patios and doors
2.All materials including, but not limited to, sheetrock and plywood attached to or on the inside surface studs and joists in the perimeter walls, floors and ceilings
3.All doors, windows, screens, ventilation fans and vents located in the perimeter or interior walls, floors, or ceilings
4.All water, power, telephone, television, electricity, plumbing, gas and sewage lines located in the individual unit
5.All air conditioning, heating and air handling units, fireplaces, ducts and components of the individual units
6.Replacement of entry doors, windows, and screens
7.Installation, repair or replacement of garage doors
8.Surface areas and railings of decks and balconies of Cherokee Heights units
9.Individual mailbox
PART 1. SAFETY AND SECURITY POLICIES AND PROCEDURES
I.POLICY
Ultimate responsibility for the safety and security of the lives and property of CBC CBCCI and lessees lies with each individual co-owner and lessee. The provision of Access Control Monitors by the CBCCI is not intended to detract from or to diminish that responsibility, but to supplement it.
A.Warranties
Providing Access Control Monitors by a Security Company is not to be construed as a warranty, expressed or implied, by the CBCCI or its Board of Directors relating to the safety and security of CBC Co-Owners, lessees’, and/or guests’ lives and property.
B.Management of Access Control Monitors
CBC & CBCCI through the BOD and the Security Committee will contract with a professional security company to provide uniformed personnel to perform stated responsibilities.
C.Limitation of Liability
Access Control Monitors are employees of the Security Company and not of CBCCI. They are not agents of CBCCI, therefore, CBCCI is not responsible for the action or inaction of the Access Control Monitor which is either consistent or inconsistent with, inside or outside the scope of the expressed provisions of this manual.
D.Antidiscrimination
The CBCCI, the Board of Directors and its representatives will not discriminate in the monitoring of safety and security policies because of personal disabilities, race, religion, color, national origin, age or sex.
II.GENERAL SAFETY AND SECURITY
A.Property Perimeters
Perimeters refer to the legal limits of the property as described in the CBCCI deed and owned in common by CBCCI. Any posting of signs will be the responsibility of the Board of Directors.
B.Within Property Perimeters
“Within the perimeter” refers to the land owned by CBCCI, with primary emphasis upon the developed land and structures.
C.Co-Owner and Lessee Responsibility
All residents share responsibility for the collective safety and security of the lives and property of CBC Co-Owners, lessees, and guests. This is accomplished by observing all policies, procedures, rules and regulations and by promptly reporting to the Security Committee, Access Control Monitor and/or Management Company violations of the policies, procedures, rules and regulations. It is also the responsibility of the resident to inform the Access Control Monitor and/or Management Company of the resident’s guests and service personnel who are expected to visit or work at the resident’s condominium. It is the responsibility of the resident to notify the Access Control Monitor and/or the Management Company when the resident will be absent from Cherokee Bluff Condominiums for an extended length of time.
III.GENERAL POLICIES AND PROCEDURES FOR SECURITY MANAGEMENT
A.Personnel
A contracted Security Company will provide Access Control Monitors.
B.Objectives of the Access Control Monitor
The objectives of the Access Control Monitor are to control entry into CBC, to monitor CBC property and to report in a reasonable and prudent manner any infractions of the policies, procedures, rules and regulations to the Security Committee. The Access Control Monitor is to notify the Knoxville Police Department of any illegal or presumed illegal activity.
C.Security Committee
The CBC Board will appoint a Security Committee to act as liaison with the Security Company. The Security Committee will report to the BOD.
D.Legal Disclaimer
The Access Control Monitor cannot use force to prevent anyone from violating the provisions of this manual. Access Control Monitors are not law enforcement agents or officers and, therefore, have no official power to arrest or apprehend anyone found in violation of the rules and regulations.
E.Qualifications
Qualifications will be set by the Security Company and approved by the BOD. The Security Company will ensure that Access Control Monitors are bonded and fulfill any state requirements for the position. Access Control Monitors will wear uniforms furnished by the Security Company.
F.Oversight of Enforcement of the Policies, Procedures, Rules andRegulations by the Access Control Monitors
Oversight of the enforcement of the policies, procedures, rules and regulations by the Access Control Monitors is through the Security Committee, as delegated by the BOD and in conjunction with the Security Company.
G.Prohibitions and Limitations
1.Physical Force
Except when directly and physically accosted, the Access Control Monitor will not use physical force in the discharge of their duties and responsibilities at CBC.
2.Weapons
Access Control Monitors are not permitted to carry on their persons, or to hide or store for easy accessibility on the premises of CBC, weapons of any kind. Weapons include, but are not limited to, firearms, knives (other than the common, folding pocket-knife with a blade length not exceeding four inches), blackjacks, billy clubs, and brass knuckles or other weapons.
3.Private Contracts
Access Control Monitors are prohibited from having private contracts or agreements with individual Co-Owners or residents without the authorization and approval of the BOD.
4.Confrontations
Access Control Monitors will avoid confrontations with anyone, including Co-Owners, residents, guests, service people, trespassers, vagrants, etc. In the event of disruptive, illegal or threatening behavior, Access Control Monitors are to notify the Knoxville Police Department for assistance.
IV.OPERATING GUIDELINES AND DUTIES OF THE ACCESS CONTROL MONITOR
A.General
It is clearly impossible to define all conceivable situations which may occur while an Access Monitor is on duty. Therefore, the resolution of each incident depends upon the use of good judgment on the part of each Access Control Monitor. That judgment should be based upon a thorough knowledge of the contents of this manual. Any questions relating to the interpretation of this manual or appropriateness of reaction to any incident will be resolved by contacting the Management Company, the Security Committee, or the Board of Directors. In general, the Access Control Monitor who observes an infraction of CBC Rules and Regulations or receives a complaint will follow the appropriate action outlined below.
B.Monitoring and Controlling Access to the Complex
1.Authorized Entry into CBC
Authorized entry into CBC (beyond the gatehouse) is to be strictly limited to the following categories of persons:
a.Co-Owners and residents must display their current CBC identification tag or decal on their vehicles so that it is easily visible to the Access Control Monitor.
b.Visitors are those persons who have been specifically invited by a resident of CBC. Visitors are not permitted to enter CBC without first obtaining approval of the resident of CBC who invited the Visitor, either prior to or at the time of arrival of the Visitor. A statement by a Visitor, such as “He (or she) is expecting me”, is not deemed sufficient to permit entry. Visitors who enter CBC without prior permission of the resident and/or Access Control Monitor may be charged with trespassing.
c.Service and emergency personnel who normally and routinely provide service to CBC, e.g., USPS, UPS, FedEx, BellSouth, KUB, etc., or those who provide emergency services, and who normally drive clearly designated vehicles may be admitted by the Access Control Monitor. If there is any doubt as to the service status, entry should be denied until the resident or lessee to be served approves the entry.
d.Management Company Employees and Contractors consist of the maintenance personnel, Access Control Monitors, and contractors, such as the lawn maintenance people. These personnel have an on-going responsibility at CBC as opposed to service persons.
2.Unauthorized Entry into Cherokee Bluff
All entries into CBC except for the categories described above are unauthorized.
3.Action to be taken
a.For authorized entry, the Access Control Monitor will keep a log in the gatehouse containing the following information:
1)Names of all guests and service persons entering CBC.
2)Date of entry into CBC.
3)Time of entry into CBC.
4)License number of the vehicle entering CBC.
5)Unit and name of resident to be visited or served.
b.For unauthorized entry
The Access Control Monitor will immediately:
1)Write down the license number and vehicle identification.