AMERICAN TOWERS RULES AND REGULATIONS FOR RESIDENTIAL CONDOMINIUMS AND FACILITIES
The following Rules and Regulations are applicable to residential condominiums and related facilities in the American Towers Condominium project:
TABLE OF CONTENTS
A. TRUSTEES
B. PRIVACY
C. UTAH CLEAN AIR ACT
D. PETS
E. ACCESS CARDS
F. UNITS
G. PARKING
H. MOVE-IN AND MOVE-OUT POLICIES
I. LEASING POLICY
J. COMMON AREAS
K. BILLIARDS ROOM
L. ARTS & CRAFTS ROOM (LIBRARY)
M. RACQUETBALL COURTS
N. COMMUNITY ROOM
O. POOL AND SPAS
P. SAUNA
Q. EXERCISE ROOM
R. ROOFTOP RECREATION AREAS
S. NOTICES IN THE BUILDING
T. MAINTENANCE POLICY
U. DELIVERIES
V. OWNERS MANUAL
W. PROHIBITED ACTIVITY
X. REMODELING AND CONTRACTORS
Y. ASSISTANCE FOR HEALTH AND PHYSICAL NEEDS
Z. (Misc.) COMMUNITY ROOM AND TRUSTEE ELECTIONS
1. Residential Trustees are elected in accordance with the provisions of the Declaration of Condominium for the periods of time so specified. To remain a Residential Trustee the following conditions must be complied with:
a. The Trustee must be current in payment of assessment fees on his/ her unit.
b. The Trustee will be released without notice if he/she is not present at three consecutive meetings of the Trustees or does not attend at least 75% of the meetings.
1. No excessive noise is permitted.
2. Children are not permitted to run or make loud noises in corridor or stairway areas or to play in elevators.
1. In accordance with the Utah law, no smoking is permitted in the common areas, which includes all amenity areas including spas, hallways, and stairwells. Smoking is also prohibited within 25 feet of any exterior entrance including those on the rooftops and in the parking garage.
1. No dogs, cats, animals, birds, fish, reptiles or pets of any kind are permitted in any residential condominium or in any other part of the project.
1. Cards are to be used only by the resident and should not be loaned to guests or friends.
2. Residents may obtain a guest card for guests by submitting a completed Authorization to Issue Guest Access Card form with a $20 deposit. The deposit will be refunded when the card is returned in original condition when the guest leaves.
3. Lessees may obtain access cards at a cost of $20 for each card and appropriate forms submitted to the Management Office.
4. If a card has been de-activated by Security for misuse, there is a $10 charge to re-activate. The replacement charge for lost or stolen cards is $20.
1. All window coverings visible from the outside of a condominium must be of a white or neutral color and must be approved by the Owners Association.
2. No treatment (tinting, mirror finish, etc.) of exterior windows is permitted without the written approval of the Owners Association.
3. The display of signs and billboards in the project is restricted. "For Rent" and "For Sale" signs must be approved and may be displayed to public view only in places designated by the Owners Association.
4. No individual radio or television receiving or transmitting antenna or other external apparatus is permitted in the Project. The Owners Association will maintain either a central antenna system for television and radio (with appropriate external equipment) with connections provided to each residential condominium or cable antenna system.
5. A Key to each unit must be provided to Management. This key is locked in a cabinet which requires two keys to open it. One key is held by Security and the other key is held by Management and the Trustees. This key can only be used to comply with Section 8.2 of the Declaration. If the owner fails or refuses to make a key available, such owner shall be liable for all expenses incurred by the Association in order to gain access and for any damages resulting to the common areas or to any unit as a result of owners failure to make the key available. Owners may, if they desire, leave a discretionary key with Security, which key will be made available to the owner on request.
6. All units are required to install high pressure water supply hoses to all washing machines. These hoses may be purchased in the management office.
7. Unit doors and trim shall be repainted for a charge of $50 to the owner after 10 days written notice if in the judgment of management the door paint and trim has become overly damaged or unsightly.
1. All parking spaces in the garage area are assigned. Cars parked in parking spaces assigned to others may be towed away at the owners expense.
a. A written notice will be attached to the car window and recorded with Security.
b. Any other offense will result in the car being towed at the owners expense.
2. Any car parked in the garage which is parked in any area not assigned to his or her condo, in any other common area, or in any way is parked improperly, will be subject to the following procedures:
a. A written notice will be attached to the car window and recorded with Security.
b. Any other offense will result in the car being towed at the owners expense.
3. Under no circumstances should you or your guests use or block someone else's parking space. The procedure outlined in paragraph 2 above will be followed in the event your car is parked in the wrong stall. However, the owner does have the right to the use of the stall and towing may be necessary without warning.
4. Cars parked in common areas-not designated as parking stalls, are also subject to the above procedures, but may be towed if they interfere with someone's ability to park or drive through the area.
5. Please park vehicles between lines and fully into parking space.
6. Parking spaces are intended for automobiles only. No trailers, campers, recreational vehicles, boats or similar vehicles or equipment may be parked or stored in parking spaces. All items such as boxes, tires, skis, etc. must be stored inside the locker.
7. The storage lockers in the parking stalls are the personal property of the owner. The Owners Association is not responsible for repairing or replacing the lockers, or for providing keys to them. Flammable items may not be stored in lockers. Nothing may be stored in the parking space outside of the lockers. Parking stalls must be kept clean and free of dirt, debris, and oil or grease.
8. If the owner of a unit leases his parking stall to someone other than the tenant of his unit, or if an owner of several units assigns stalls to units other than those specified on the recorded map, management must be notified in writing of such change.
9. Speed limits and direction arrows must be followed in the garage.
10. The following fines shall be imposed for violations of the above parking rules:
First Offense - Warning letter
Second Offense - $100
Third Offense and thereafter - $150
H. MOVE-IN AND MOVE-OUT POLICIES:
1. Reservations to move in or move out should be made with Security as far in advance as possible. When reservations are made, they will be honored. Someone planning to move in or out without a reservation may have to wait until a later time if there is a conflict.
2. Move-ins or move-outs will only be allowed between the hours of 8:00 A.M. and 6:00 P.M. seven days a week.
a. A non-refundable move-in fee of $75 and move-out fee of $75 shall both be charged and paid to the management office before the move-in takes place and before a move-in permit will be issued. The move-in and move-out fees apply to new owners as well as lessees and will be charged to title companies requesting payoff balances at the time of a change of ownership. The fees shall also be charged to owners if not paid by lessees at the time a lease is filed with the management office.
b. A copy of a signed lease agreement with a term of not less than six months shall be filed with the management office a minimum of 48 hours before the anticipated move-in.
c. Before a permit to move in can be issued by management, the prospective lessee is required to have an interview with the manager, or a committee so designated by the trustees.
d. The lease must meet all requirements outlined in Section "I'" below.
e. A fee of $20.00 is required for each entry card issued to the lessee (one card per person). All access cards are the property of the Association and must be returned at the time of move-out.
f. A charge of $15.00 will be made for each name placed on the directory.
g. An additional $40 move-in fee is required for units that do not have Association approved high pressure washing machine hoses installed. The $40 washing machine hose fee will be waived if the owner or resident demonstrates that high pressure washer hoses have already been installed. Otherwise, a set will be provided and installed.
1. If a unit is leased and the owner fails to pay his common area fees when due on the first day of the month, and the delinquency is not cured by the owner on or before the 15th of the month (the "Grace Period"), the owner shall be automatically, and without additional notice, deemed to be delinquent and in default.
2. The following applies to all units and owners in default:
a. A move-in permit will not be issued to prospective tenant, lessee or occupant (hereinafter referred to collectively as "tenant") until the following conditions have been met:
i. The Association, Board or manager (hereinafter referred to collectively as the "Association") has received a copy of the executed Lease Agreement that contains a term of not less than six months, a copy of the rental application, and copies of any other information that may have been used to screen the prospective tenants;
ii. All common area fees due have been paid.
iii. The common area fee for the first month of the new lease term has been paid in advance.
iv. A move-in permit will not be issued until all move-in and move-out fees, access card fees and other fines and charges have been paid.
b. If a unit is currently leased, and the common area fees are in default, the Association may require that a delinquent common area fee repayment schedule be implemented, with installment payments in an amount designed to cure the arrearage in a reasonable and timely manner.
c. Existing Lease/Default/Current Fees:
i. Hearing. During the Grace Period, an owner may petition the Association for a special hearing, which shall be held during the Grace Period, to discuss the default and the direct tenant payment requirement described below.
ii. Direct Payment by Tenant: If all common area fees are not paid by owner when due or during the Grace Period, then the tenant shall be instructed by the Association, Board or Manager to pay all future common area fees directly to the Association, even if those common area fees must be deducted from rent due to the owner. For purposes of this section, that portion of the monthly rent or lease payment equal to the amount of the monthly common area fee shall be deemed to be the common area portion of the tenant's obligation to the owner.
d. No owner in default or occupant of any unit in default, nor their guest or invitee, shall be permitted use of any recreational facilities or amenities at American Towers, including but not limited to the swimming pools, spas, tennis courts, racquetball courts, etc., subject to the following:
i. Notice. The owner and occupant of any unit in default shall be given at least FIVE (5) days written notice of the Association's intent to revoke the recreational facilities and amenities privileges (the "Amenity Revocation Grace Period").
ii. Hearing. During the Amenities Revocation Grace Period, the owner or occupant may petition the Association, Board or Manager for a special hearing, which shall be held during the Amenity Revocation Grace Period, to discuss the revocation.
iii. Board Discretion. The Board shall have the authority and absolute discretion to waive the immediate revocation if satisfactory arrangements are made to cure the default. Failure of the owner or occupant to respond, or make satisfactory arrangements, shall result in the automatic suspension of the privilege to use the recreational facilities and amenities.
e. The Association may prohibit use of Entry Cards (property of the Association), recreational facilities or other amenities.
3. Mandatory Lease Language. All residential leases at American Towers, now existing or which may arise in the future, shall be deemed to contain the following language. In the event of any conflict, inconsistency or incongruity between the provisions of any residential lease agreement, the provisions of these rules and regulations shall in all respects govern and control. All the terms, conditions and provisions hereof are made a part of the residential lease agreements as though they were expressly written, incorporated, and included therein:
a. In addition to the monthly rent or lease payment obligation outlined in the residential lease agreement, if owner defaults on his obligation to pay common area fees, tenant shall pay directly to the American Towers Owners Association all American Towers' monthly common area fees in the amount of $_______________per month, beginning on the commencement of the residential lease agreement and continuing until its termination. If the residential lease agreement fails to distinguish between the obligation to pay rent and common area fees, that portion of rent equal to the common area fee shall be deemed to be the common area fee portion of the tenant's obligation.
b. If owner shall default in his obligation to pay common area fees, and shall fail to cure the default within fifteen (15) days after written notice thereof, owner hereby assigns, sets over and conveys to the Association automatically, and without further notice, all of his right, title and interest in and to the rents, issues, royalties, income and profits earned prior to default as they become due and are payable. In the event of default however, an owner's right to collect any of such monies shall not in any manner affect the subsequent enforcement by the Association of its right, power and authority to collect the same. Nothing contained herein, nor the exercise of the right by the Association to collect, shall be, or be construed to be, and affirmation by the Association of any tenancy, lease or option, nor an assumption or liability under, nor a subordination of any lien or charge to any such tenancy, lease or option, nor a waiver of any claim against owner and shall be deemed exclusively to be an attempt by the Association to mitigate damages. This assignment shall be prior and superior to any trust deeds with assignments of rent, except that of the first mortgage holder.
c. In the event the fees are more than thirty (30) days delinquent, or should Lessee, persons residing with Lessee or guests of Lessee violate the Declaration, Bylaws, or Rules and Regulations of the American Towers Owners Association, Lessor grants to the American Towers Owners Association the right to evict the Lessee. Should it become necessary for the Association to exercise its right of eviction as a result to the failure to pay common area fees, the Association shall first give Lessor (owner) and Lessee five (5) days notice, with the right to bring current said fees within five (5) days. The right to evict Lessee for violation of the Declaration, Bylaws and Rules and Regulation of the Association, may be exercised by the Association after giving to Lessor (owner) five (5) days written notice. Thereafter, eviction shall take place as provided by the laws of the State of Utah.
d. Lessee shall comply with the Declaration, Bylaws and Rules and Regulations of American Towers Condominium Association in force or otherwise brought to the attention of Lessee as the same pertain to the leased premises including the common areas. Failure to comply shall be grounds for immediate termination of the lease, by Lessor or by the American Towers Owners Association, through its agent.
4. If the owner of a unit leases his unit, his rights to use the amenities are transferred to the new resident during the term of the lease. The owner of the unit will not have the right to use the amenities as long as he has a tenant. In addition, owners shall be responsible to pay any fees or fines incurred by their tenants.
5. The Association shall have authority in its sole discretion to waive any of the rules and regulations set forth above; however, any specific waiver shall not extend to any future breaches nor prejudice any rights or remedies whatever in regard thereto.
J. COMMON AREAS AND HOURS OF OPERATIONS:
1. The following common area facilities shall remain open to Residents as follows:
a. The Rooftop Recreation Areas and Spas shall be open by Resident access card between the hours of 6:00 A.M. and Midnight.
b. Billiards Room will be opened upon request.
c. Swimming pool, sauna, spa and exercise room will remain open 24 hours a day.
d. Parties in the community room must end by 12:00 Midnight.
2. No children under 18 years old (see exceptions for swimming pool) will be permitted in the amenity areas unless accompanied and supervised by an adult resident (21 years or older).
3. Children 16 years old and under will be permitted in the pool and spas all hours except 6:00 A.M. to 8:00 A.M. and 6:00 P.M. to 8:00 P.M., every day except Friday. Friday is an open swim day for all ages. Children 16 years old or younger must be accompanied and supervised by an adult resident (21 years or older).
4. Consumption of alcoholic beverages by anyone under the age of 21 will not be permitted in the building. Open containers of alcoholic beverages in hallways and lobbies is prohibited. Consumption of alcoholic beverages in common areas is limited to the community room and roof area.
5. Guests in any amenities area must be accompanied by a resident.
6. Each owner will be responsible for damage to the amenities areas caused by such owner or his family or guests.
7. The common area amenities, including the community room, are for use by residential owners and tenants for entertainment and social purposes. Common areas shall not be used for any business, industrial or commercial purposes.
8. No person, including children, shall ride a bicycle, wheeled toy or vehicle in the common areas.
9. Children under the age of 18 years, are not allowed in the exercise room.
10. Proper attire, including shoes, is required in all common areas.
1. The Billiards Room shall be locked at all times. In order to gain access to the Billiards Room you must contact Security. If an owner authorized to utilize the Billiards Room allows access to any other person, and damage occurs, the liability for that damage shall be the responsibility of the owner who was originally permitted access by Security. (The word "owner" to include tenant of owner)
2. No drinks or food allowed in the Billiards Room at any time.
3. Radios and portable stereos are not to be played in the Billiards Room.
4. Children 18 years or younger must be accompanied and supervised by an adult resident (21 years or older).
1. No combustible materials are permitted.
2. Upon vacating the Arts and Crafts Room, please clean up area and turn off lights.
1. The racquetball courts should not be physically abused at any time. The following abuses are specifically prohibited:
a. Banging racquets against walls or floors.
b. Excreting saliva on walls or floors.
c. Any improper conduct of game.
d. Black sole shoes are not allowed on racquetball courts.
2. Upon vacating racquetball courts, please turn off lights.
1. All reservations for the Community Room must be made in advance with the Management Office. The person reserving the Community Room shall read and sign the Community Room Reservation Form, and shall inform the manager, or person responsible for taking reservations, of the purpose of the party, contemplated activity, and approximate number of people who will attend. Except under extraordinary circumstances, the maximum people allowed in the Community Room at any one time will be 75.
2. The Community Room use is limited to social activities and may not be used for business or commercial purposes.
3. Community Room including kitchen and appliances shall be thoroughly cleaned by resident after each use.
4. An owner of a unit will not be charged a deposit for use of the Community Room. Anyone leasing a unit will be required to pay a $400 deposit which will be fully refunded if the Community Room is left clean, all trash removed and nothing in the Community Room is damaged or missing.
5. Security must be furnished with a guest list prior to the party. They will not allow anyone not on that list to enter the building.
6. Consumption of all food and beverages, by people using the Community Room, shall be confined to the Community Room. Any persistent and flagrant violation of rules governing the use of the Community Room shall be grounds for Management or Security to have the party terminated and the room vacated.
7. Reservations for the Community Room between Thanksgiving and New Years Day inclusive, require a $100 reservation deposit. The deposit will be forfeited if the Community Room is not used or the function is cancelled less than to weeks before the function is scheduled.
1. Complete shower is required before swimming. Wash hands after using the toilet or after changing diapers.
2. Children and persons in diapers are not allowed to swim.
3. Children under the age of five (5) are restricted from the pool and spas at all times.
4. Do not swim if you have had diarrhea in the past two weeks. Do not swim for at least two weeks after the diarrhea has stopped.
5. Take frequent restroom breaks and take a complete shower before entering the pool.
6. Individuals with weakened immune systems should not swim in the pool and spas because of risks of serious and long-lasting illnesses.
7. Do not swallow pool or spa water.
8. The pool may not be reserved for exclusive use.
9. No children under 18 years of age will be permitted in the pool or spa area unless accompanied and supervised by an adult resident (21 years or older).
10. Children between 5 and 18 years of age when accompanied by an adult will be permitted in the pool and spas during all hours except 6:00 A.M. to 8:00 A.M. and 6:00 P.M. to 8:00 P.M., every day except Friday. Friday is an open swim day for all ages.
11. Please do not run on tile floor or jump or dive into the pool.
12. No glass containers are permitted in or near the pool or spas.
13. Proper swimming attire must be worn at all times.
14. Please be sure you are dry before leaving the pool area and be sure you are wearing proper attire, including shoes, before walking through common hallways.
15. Do not pour any liquids into pool or spas or use any soap in these areas.
16. Please clean up area after swimming or using spa facilities.
17. ALL SWIMMING IS AT YOUR OWN RISK. NO LIFEGUARDS WILL BE ON DUTY.
18. No more than six(6) guests of an owner or tenant shall be permitted in the swimming pool at any one time. No more than six (6) guests of an owner or tenant shall be permitted in any one of the spas at any one time. Where a party is sponsored by more than one owner, the number of guests will not be increased in an effort to defeat the purpose of this rule.
1. No glass containers are permitted in the sauna area.
2. Proper clothing or attire must be worn at all times in the sauna area.
3. You should not stay in the sauna for more than 20 minutes.
4. Please clean up area after using sauna and turn off lights.
1. Children under the age of 18 are not allowed in the Exercise Room.
2. Please have towels available to wipe excess moisture from benches after use.
1. For the purposes of personal safety, and to protect the waterproof membrane beneath the pavers from puncturing, no glass of any kind shall be permitted on the rooftop recreation areas at any time. Glassware shall be permitted in the Rooftop kitchens for the purposes of serving food onto, or dispensing beverages into, paper or plastic plates or cups.
2. The Rooftop Recreation Areas shall not be reserved for exclusive parties. The barbecues and kitchens shall be available on a first-come, first-served basis. Rooftop kitchen facilities shall be opened, upon a Resident's request, by calling Security on the intercom.
3. No resident or his or her guest(s) shall allow any object(s), or material(s) to be thrown, or permitted to drop from, the roof of the building. Residents and their guests disregarding this important safety rule shall be immediately escorted from the roof by Security, and the Resident may lose Rooftop access privileges at the discretion of the Manager and/or the Board of Trustees.
4. Parties consisting of more than 15 (Fifteen) people shall not be permitted on the rooftops except with the express permission of Management, subject to the review of the Board of Trustees. No live bands, excessively loud music or behavior shall be permitted.
5. Smokers shall use the ashtrays for the disposal of cigarette or cigar butts. Extinguishing cigarettes or cigars in plant containers, or disposing of them on the rooftop pavers, is strictly forbidden.
6. Residents shall not disable the electronic door lock by preventing the door from fully closing. Residents and their guests disregarding this important security rule shall be immediately escorted from the roof by Security, and the Resident may lose Rooftop access privileges at the discretion of the Manager and/or the Board of Trustees.
7. RESIDENTS ARE EXPRESSLY ADVISED THAT RESIDENTS AND THEIR GUESTS USE THE ROOFTOP RECREATION AREAS AND SPAS ENTIRELY AT THEIR OWN RISK. NO LIFEGUARDS ARE PROVIDED. Spa heat can cause hyperthermia (unusually high body temperature), which may lead to unconsciousness. Residents and guests should immediately leave the spa if they become uncomfortable or sleepy. Drug and alcohol use, in conjunction with spa heat, can cause unconsciousness. Never use a spa while under the influence of drugs or alcohol. Never soak in a spa alone. Residents shall supervise children at all times. Pregnant women should consult their doctors before using spas.
1. Flyers or advertisements may not be left at unit doors, except for Association communications and legal notices. Notices to be posted on the lobby bulletin boards must have prior approval of Management.
1. Our maintenance staff and security are available to owners and residents only to respond to emergency requests for assistance or to help prevent further damage or injury to persons or property. The maintenance staff is responsible to maintain our facilities, common areas and equipment and is not permitted to perform work or incidental repairs on behalf of individual owners or residents inside of individual Units or for personal property. Some common pipes and drains may be located inside of Units and may require access to your Unit, as provided for in the Declaration, for maintenance staff, contractors or vendors to perform repairs or maintenance on these common facilities.
1. For deliveries of large items requiring use of the elevator, arrangements are to be made with the Security Office at least a day prior to the delivery, if possible. Residents must either be present or provide written authorization for Security to allow the delivery to be made.
1. An owners manual will be provided for each unit in the building. Owners have the option of keeping the book in their possession or passing the book on to a tenant they may lease their unit to. In the event an owner decides to sell his/her unit, the manual must be passed on to the new owner. If the manual has been lost or is not available, the Association will charge the owner selling the unit $100.00 which will cover the cost of providing the new owner with a manual.
1. No noxious or offensive activity shall be carried in or upon any part of the Project, nor shall anything be done or placed in or upon any part of the Project which is or may become a nuisance or which may cause unreasonable disturbance or annoyance to Owners generally. No activities shall be conducted, no improvements constructed, in or upon any part of the Project which are or may become unsafe or hazardous to any person or property.
2. The following fines shall be charged to Owners for any violation of the above or of any of the other Rules and Regulations herein by Owners, their guests or tenants:
First Offense - Warning
Second Offense - $100
Third and Fourth Offense - $200
Each Offense Thereafter - $500
3. In addition to any actual costs incurred by the Association for any damage, repairs or restoration, the above fines shall also apply to such damage, repair, cleanup or other rule violation.
X. REMODELING AND CONTRACTORS:
1. Prior to engaging in any construction or remodel, owners are required to remit to the management office a $500 refundable deposit to cover potential costs of damages to, and cleanup of, common areas during, or resulting from, construction or remodel. The deposit will be refunded following final inspection meeting with management and the Building Engineer. An additional $100 non-refundable fee will be charged to cover the cost a pre-construction contractors meeting in which each contractor that will be working on the Unit will meet with the Building Engineer of the Association to review these rules and to coordinate activities as needed. Contractors are to provide certificates of insurance with the Association named as the certificate holder. Owners are to provide the Association with permits, plans and/or drawings of the scope and details of the remodel and a condo owner property and liability insurance certificate prior to this meeting.
2. Owners are required to obtain City building permits for any construction or remodel or work that involves walls, electrical or plumbing. Permits are to be filed with the management office with the $500 deposit and copies of all permits and inspections are to be posted on the door of the unit during remodel or construction. The construction deposit will only be refunded after a final City inspection report is filed with the management office by the owner of the unit. Owners shall also notify adjacent (including above and below) condo residents in writing of what to expect in terms of disturbance, noise, or other issues that will affect them.
3. Units that have completed 1. and 2. above are authorized for construction or remodel and will be posted in Security. Contractors engaging in construction or remodel attempting to enter the building for any other unit will be denied entry.
4. Common pipes and drains may be located inside of Condo interior walls. However, relocating or making modifications to those portions of interior walls containing common pipes, plumbing, waste systems or lines, or to exterior walls, or drilling into concrete floors is strictly prohibited. Other plumbing changes or modifications may require a building water shut-off which also requires a fee of $150 for each water shut off request.
5. Owners are responsible to ensure that contractors in their employ do not damage, soil or trash any common areas. This includes condo doors, loading entrances, lobbies, hallways, elevators, and parking garage. Contractors are required to clean, vacuum or sweep any incidental mess that occurs. Our housekeeping staff is NOT responsible for this type of cleanup. If such is required, there will be a $20 minimum deduction from the construction deposit for each incident.
6. Owners are to inform contractors that they are not to dispose of any material or debris in the trash chutes on each floor or in the dumpster containers on P1 or P2. These are for commercial tenant and residential refuse only. Contractors are required to remove and dispose of all trash or debris incidental to construction. If the dumpster is used and an extra pickup is required, the extra pickup charge will be deducted from the deposit.
7. Owners are to inform the management office of times, when and if, any construction noise may be created. Under no circumstances is construction noise of any kind permitted before 9 a.m. and after 6 p.m.
8. Owners are to inform contractors that all work and construction must take place on the inside of each condo and that no staging or work is to take place in any common area. If such is required, contractors should be informed to perform such work in their shop and bring it to the premises.
9. Contractors or owners are responsible to contact security to reserve only the loading and unloading parking area of the alley. Other parking in the alley is not permitted. Owners are cautioned to inform contractors of the costs of parking in the garage so that they may incorporate the costs of parking in their bids and estimates.
10. Contractors and owners are responsible contact security to reserve the freight elevators for use. Passenger elevators may not be used to transport any equipment, supplies, tools or material.
11. Owners are not to allow contractors to use their access cards. Contractors may check in at security on a daily basis and obtain a contractors access card to be worn at all times on the premises and to be returned to security prior to leaving the premises and at the end of each day. There will be a $20 charge to re-activate or replace lost access cards or access cards de-activated by security for improper use.
Y. ASSISTANCE FOR HEALTH AND PHYSICAL NEEDS:
1. American Towers does not and cannot provide medical, nursing or health care services to owners and lessees.
2. If an owner or lessee is unable to provide for his or her physical needs without assistance, then it will be necessary for the owner or lessee to contract with third parties for any necessary medical, nursing or physical needs or services. However, our Security Guards are on duty 24 hours each day and are equipped with First Aid supplies, are also trained in CPR, and will administer such as deemed appropriate.
3. Should an emergency arise and an owner or lessee requires medical or nursing services or physical assistance, the appropriate procedure would be for the owner or lessee to call 911 first. They should then call Security so that Security can then cooperate with paramedics or other emergency response persons in gaining access to the building and directions to the Unit involved.
Z. (Misc.) COMMUNITY ROOM COVENANTS AND TRUSTEE ELECTIONS
COMMUNITY ROOM COVENANTS
I understand that the function for which I am reserving the Community Room is for social purposes only and certify that the function does not involve any business purpose or any commercial activity.
If management or security observes any commercial transaction or business activity in the Community Room or in any common area, management or security may terminate the function and escort guests and residents from the area.
I understand and agree that I am responsible for any damage or other loss which may occur to the Community Room (or other areas of the building), as a result of my activities or the activities of my guests.
I agree to accept responsibility for the activities and behavior of the parties attending the function.
I understand and agree to abide by the following rules:
1. Function is to be concluded by midnight.
2. The other amenities (Billiards Room, Swimming Pool and Exercise Room) are not reserved. I understand that if I have any guests in these areas, the number of guests in each area must not exceed six.
3. A guest list is to be furnished to security and no one not on the list is to be allowed entrance to the building.
4. The carrying of open containers of alcohol and the consumption of alcohol is not permitted in any common area other than the Community Room.
5. I agree that I am responsible for cleaning the Community Room at the conclusion of the function, including the removal of any trash.
6. The Association does not provide cleaning supplies, agents, dishwashing liquids or equipment. Please bring your own vacuum cleaner.
7. I agree, that at management's discretion, I may be required to furnish additional security for my Community Room function at my own expense.
8. I am aware that if in the opinion of management, the rules are being violated, or a function is reaching a chaotic or unreasonable state, management or security has the right to take whatever steps are necessary to conclude the function.
TRUSTEE ELECTION RULES
1. Election of Trustees shall be held at the annual meeting of members on the second Saturday of August at 10:00 a.m., unless otherwise set by the board in accordance with the Association Declaration Article III. Candidates must be owners who are current in their dues.
2. Members of the Association may vote at the meeting, by proxy, or by mail providing the ballot is received at least three days prior to the date set for the meeting.
3. An independent accounting firm shall tally the ballots the morning of the annual meeting (mailed ballots may be counted ahead). Once member and proxy ballots are gathered, they shall be added to ballots received by mail. Results shall be tallied and announced before the meeting is adjourned. Results shall be published in the minutes.
4. Nominees for Trustee forms must be submitted to the office no later than 5:00 p.m. the Monday following July 4 (four), unless otherwise decided by the board.
5. Members of the Association may nominate other members but must secure the written permission of the nominee before submitting their name. The same deadline applies.
6. The winner(s) of every election shall be the candidates that receive the most votes. In the event of a tie, the winner shall be determined by a toss of a coin in front of the candidates.
7. No fees shall be required of any candidate.
8. The office shall arrange an opportunity for members to meet the candidates.
9. While no flyers may be distributed to individual units, candidates may place posters on the bulletin board and set flyers in foyers. Candidates may use web space by submitting information to the office manager. The office shall provide address labels for candidate mailings.
10. Only one person per unit [or household] may serve on the board at a time.
11. Residential Trustees must approve all changes in candidate forms by a majority vote.
TRUSTEE BALLOT HANDLING AND RULES
1. All ballots will be kept by the auditor and destroyed after (72) hours unless the election results are challenged.
2. Any candidate may request a recount, at his or her own expense, by delivering a written request to the Management Office by 5:00 pm the Monday following the election.
3. In the event of a recount request, the office shall instruct the auditor to keep the ballots. The challenging candidate shall advise the office of his own choice of CPA or auditor to conduct the recount. The office shall arrange for the transfer of ballots should the candidate choose a firm other than the one used by the Association in which event our auditor shall be instructed to copy all ballots. Our auditor shall retain these copies until the recount is complete.
4. If a secondary auditor is chosen, he shall be held to the same requirements of secret ballots and confidentiality as the Association auditor. Results shall be mailed or delivered directly to the Association Manager. After receipt of the recount, the Manager shall advise all candidates and trustees of the results. Following the recount, the Manager shall instruct the auditors to destroy the ballots.
5. Only official Association ballots will be counted. All others will be disregarded and destroyed. Owners may change their vote by obtaining a ballot from the Management Office upon request, or at the Annual Meeting of the Members. The ballot with the latest time stamp is the ballot which will be counted.
The foregoing Rules and Regulations are applicable only to the residential condominiums and related facilities for residential owners. The Board of Trustees reserves the right to amend, modify or revoke the foregoing Rules and Regulations at any time. Revised rules were adopted by the Board of Trustees on November 26, 1997; October 29, 1998; May 30, 2002; November 8, 2004; January 31, 2005; March 29, 2006; June 1, 2006; Sept. 4, 2008.