Rules and Regulations

Article XIII of the By-Laws of The Granville Condominiums grants the Board of Directors the authority and the duty to adopt and amend rules and regulations covering the details of the operation and use of the property’s Common Elements (hereinafter defined) and individual units (“Property”).  The following document shall be defined as the Association’s governing Rules and Regulations intended to be reasonable and just; to promote harmonious relationships between residents; and to protect the structural and aesthetic integrity and value of the property.  All unit owners, residents, tenants, and their guests are subject to the provisions of all Condominium documents, including the Rules and Regulations.

All rules, restrictions, and covenants contained in the Declaration of Condominium, Articles of Incorporation, By-Laws, and Board resolutions are considered incorporated into the Rules and Regulations.  To the extent that the provisions of applicable law and the Condominium documents conflict, the provisions of applicable law shall first control, followed by those of the Declaration, the Articles of Incorporation, the By-Laws, the Board resolutions, and the Rules and Regulations.

I.          Use of Common Areas

a. Alteration

Residents may not alter the Common Elements in any way.  The Association has the exclusive right to modify and alter the Common Elements, and will notify owners at least 21 days prior to commencement of any alteration, except in the case of an emergency.  All areas within the Granville Condominium community, not within the specific units are considered Common Elements, including, but not limited to the courtyard areas, porches, stairwells, landings, and grass areas around the units and the building.

b. No Smoking:

Smoking is prohibited in all interior common areas.

c. Conduct

No persons are permitted to play or run in the common areas.

d. Abrasive Footwear

Footwear with cleats, wheels, and blades are prohibited in the common areas.

e. Furniture Placement

Furniture located in the common areas may not be moved by residents.

f. Attire

Residents and guests must be appropriately attired in common areas. Bare feet, bathrobes, pajamas, and bathing suits are prohibited.

g. Pets

Pets are prohibited in common areas except for the purpose of entering or exiting the building.  All pets must be caged or leashed at all times in common areas.

h. Containers

Open beverage containers including but not limited to coffee cups without lids, wine glasses, and open cans or bottles are prohibited in the common areas, including but not limited to residential hallways.  Open containers of cleaning solution including but not limited to bleach, laundry detergent, and fabric softener are prohibited in the common areas, including but not limited to residential hallways.

I. Damage

If the act or omission of a unit owner, guest or pet causes damage to the Common Elements or to another unit, or causes maintenance or repairs to be required which otherwise would be at the common expense, then such unit owner shall pay for such damage and such maintenance, repairs and replacements as may be determined by the Association, its Board, or its managing agent.  The Association shall have responsibility for damage to a unit caused by defects in the Common Elements, but shall only be responsibility for repair of the defect.  The Association assumes no responsibility or liability for redecorating or for any consequential damages.

j. Storage

Residents are prohibited from storing personal property in the Common Elements.  Carriages and/or strollers may not be parked in the common areas.

II. Corridors, Lobby and Stairways

a. Doors

All unit doors, stairwell doors, and common area doors must remain closed at all times.

b. No Solicitation

Door to door solicitation is prohibited.  No material may be distributed under unit doors with the exception of correspondence from one resident to another, and correspondence from the management office.

c. Storage of Personal Property

The City of Chicago fire code prohibits storage of any personal property in all common areas including but not limited to the corridors, hallways, and stairwells.  Personal property includes but is not limited to: shoes, boots, umbrellas, strollers, doormats, bicycles, sleds, and carts.  All items left in the corridors and other common areas will be removed immediately and without warning.  Newspapers left in front of any unit for more than 48 hours will be removed by the maintenance staff and discarded.

d. Unit Door Decoration

Residents may install temporary seasonal decorations no earlier than one month prior and shall be removed no later than two weeks after the dates of the holiday season.  Unit Owners are fully responsible for the proper and safe disposal of seasonal decorations.  Unit Owners may, at their own expense, alter unit entry doors wherein non-invasive alteration will prevent cigarette smoke from escaping the unit.  An example of non-invasive alteration of a unit door would be the application of weather stripping.

III. Notices to Residents

Official notices from the Board of Directors and from the management office will be posted in the Common Areas and the website, if any.  Residents are prohibited from posting notices.  Mailed notices are considered served to owners and residents on the date of deposit into U.S. mail.  The Board and management reserve the right to remove any postings in the mail area at their sole discretion and without notice to the residents.

IV. Units

a. Maintenance

Owners and occupants are responsible for maintaining units in good, clean order and repair.  Unit owners are responsible at their expense for cleaning, maintaining, repairing, and for furnishing and maintaining the decoration of the interior surfaces of the floor, ceiling, walls, and doors within the unit including but not limited to painting, decorating, wallpapering, floor covering, paneling, window treatments, and lighting.

b. Access

The Association, its Officers, employees, and agents may enter any unit when necessary in connection with any painting, maintenance, repair, or replacement for which the Association is responsible, including but not limited to annual or semi-annual maintenance of apparatus within the units that the Association elects to maintain, and in order to make emergency repairs which will prevent damage to the Common Elements or individual units.  Such entry shall be made with as little inconvenience to the unit owner as possible, and except in the event of emergency shall be done upon reasonable notice to the unit owner.  Any damage caused thereby shall be repaired by the association and charged as a common expense.

c. Central Hot Water Heating System

Registers, pipes, valves and controls serving single units are considered part of the unit.  Such apparatus must be maintained by the unit owner, who is entirely responsible for the cost of its maintenance, repair, and replacement.

d. HVAC – Heat

Components of the central heating are considered part of a Common Elements.  The maintenance of such apparatus and the cost for the use, maintenance, repair and replacement shall be paid by the association.

e. Usage

No owner shall overload the electric wiring or plumbing systems in the building or operate any machines, appliances, accessories or equipment in such a manner as to cause unreasonable disturbance to others. Disturbance shall be quantified by the Association, its Board of Directors, or its managing agent.

f. Liability Insurance

Each unit owner shall obtain an insurance policy within 72 hours of purchasing his unit, with a minimum limit of $100,000 covering their personal liability and compensatory damages to another unit caused by the negligence of the unit owner or his guests; or regardless of any negligence, originating from the unit.  The personal liability of an owner shall include: the deductible of the unit owner whose unit was damaged, any damage not covered by his liability insurance, and the decorating, painting, wall and floor coverings, trim, appliances, and similar apparatus.  If a current copy of an insurance certificate naming the Association is not provided to the Board within 30 days of the expiration of the then current insurance certificate, or within 30 days of move-in the event of a new owner or tenant, then the Unit Owner shall be assessed as in the case of any other violation.  Copies of the Association’s property insurance may be obtained at cost upon request from the management company or the Board of Directors.

V. Stairwells, Landings and Common Elements

a. Definition

Stairwells, landings are limited Common Elements, owned by the Association and intended for the non-exclusive use of occupants of the Property.  Association-elected maintenance, repairs, and replacement of limited Common Elements are common expenses, except in the event of negligence or misconduct of an owner or guest, which shall be the responsibility of the unit owner causing the need for such maintenance, repair or replacement.

b. No Alteration

Stairwells, landings and all Common Elements (collectively ”Common Elements” or “common areas”) may not be altered, screened, or modified in any way.  Special requests for alteration of Common Elements must be made in writing and submitted to the Board of Directors.  Such requests are subject to approval or denial by the Board of Directors.  Stairwells, railings and dividers are Common Elements.  Alteration of Common Elements, including  railings and dividers, is prohibited.  Attachment of items to railings, or placement of items extending beyond railing edges is strictly prohibited.  Installation of any form of lighting, including strands of holiday lights, is prohibited.

c. Maintenance

Owners are responsible for and shall refrain from any action that would result in the Common Elements being considered in less than in good, clean order and repair.  Residents are prohibited from sweeping dirt or water over the edges of stairwells and landings, cleaning stairwells and landings with flowing water, and watering plants near the edge of landings and stairwells.  Throwing any items off of stairwells and landings, including but not limited to trash or cigarette butts, is strictly prohibited.  Unit Owners shall be responsible for maintaining outside dryer vents an screen covers to ensure proper function and to eliminate any lint build-up to prevent fire hazard.

d. Usage

Furniture, plants, and accessories may not be left on stairwells and landings.

e. Grills

Grills in excess of 315 square inches of open face (i.e. the opening into the grill) or with the open face of the grill over 24 inches from the ground are prohibited.  Square inches shall be measured as appropriate (e.g. 4 sided – length x width; round – radius squared x 3.14).  Residents are responsible for managing smoke production from their grills and for the care of the grill during use, cool down and storage.  Grills may not be stored or used on any wood or flammable surface nor in the main courtyard.  Failure to properly manage smoke or operate in any manner causing risk to the Association, its members, tenants or guests will be considered a nuisance.

f. Storage

Storage of miscellaneous items on Common Elements including but not limited to bicycles, boxes, carts, and strollers is prohibited.  Hanging of laundry on stairwells and landings is prohibited.

g. Communication Equipment

All equipment is prohibited on stairwells and landings.  Nothing may be affixed to any part of the exterior of the building without having first obtained the approval of the Board of Directors.  The manner and style of any communication installation, including, but not limited to antennas and dishes, must be first approved by the Board.  No request for installation shall be approved without the style of equipment to be installed, the location of installation and manner of installation being first approved by the Board.  No equipment of any kind shall be installed on the Winthrop or Granville side of the Building.

VI. Windows

a. Appurtenances

No items may be hung or displayed on the outside of windows, placed on the outside walls of the building, or affixed to the Common Elements.  No signage, awning, canopy, shutter, radio, air conditioning unit, or television antenna shall be affixed to or placed upon the exterior walls or roof, or any part thereof, or on the Common Elements or limited Common Elements without the prior written consent of the Board.

b. Window Treatments

To preserve the uniform aesthetic of the building facade, the exterior side of all window treatments including but not limited to draperies, shades, curtains, or other window coverings must be of neutral color and well maintained.

c. Signage

No signs, advertisement, or notice shall be exhibited, inscribed, painted, or affixed on any part of the interior or exterior of the facade or windows, or within any unit such that it is visible from the exterior of the building.

d. Laundry

Residents may not hang clothing, bedding, or laundry in such a way as to be visible from the exterior of the building.

e. Maintenance – Doors and Windows

The interior panes of all windows, screens and doors shall be washed by the unit owner.  Exterior surfaces of windows shall be washed by the Association as common expense.  Unit Owners may change their locks on their entry doors.  Design of lock and handle must be approved by the Board.  Lock maintenance and repair is the responsibility of the Unit Owner.  Changes to entry doors must be approved by the Board.  Any lights which are operated from the inside of a unit are to be maintained by the Unit Owner.  Any changes to the fixtures must be pre-approved by the Board before implementing changes.  Unit Owners are responsible for any damage to the exterior caused when changing fixtures.  Unit Owners may install storm doors outside of their back entry doors only with the approval of the Board.  Storm doors must conform to color and material specifications adopted by the Board.  Maintenance of the storm door is the responsibility of the Unit Owner.

VII. Garbage Disposal

a. Hours of Operation

Disposal of trash is permitted at all times in receptacles identified to the Property.  Garbage shall not be left on the fire escape, foyers or in any of the common areas of the Property.

b. Procedure

Trash must be bagged, sealed, and pushed fully into the receptacles identified for use by the unit owners of the Property.  Any spills must be immediately cleaned up by the resident who caused the spill.  Cat litter must be double bagged.  The receptacles must be left in the closed and latched position.  Under no circumstances should trash be left on the side of the receptacles.  Boxes must be dissembled and disposed of in the receptacle.

c. Construction Material

Disposal of construction material including but not limited to plaster, drywall, paint, tarps, and carpeting is strictly prohibited on the building premises.  All construction material must be removed from the property at residents’ expense.  Disposal of furniture and appliances is prohibited on building property and is the responsibility of residents.

d. Recycling

Recyclable items including newspapers, plastic bottles, and aluminum cans should be cleaned (as necessary) and bagged, then placed in any disposal unit identified to the Property for recyclable items as may be obtained by the Association or the city of Chicago for use by the Association.

VIII. Noise and Disturbances

a. Nuisance

No noxious or offensive activity is permitted to take place in any unit or in the Common Elements either willfully or negligently which may be or become an annoyance or nuisance to other owners or occupants. Noxious or offensive activity includes that which may annoy, disturb, or interfere with the rights, comforts, and convenience of residents and Association employees.  Residents will be held responsible for their guests’ cause of nuisance.  Residents may not operate any type of device that emits sounds or waves which interfere with the operation of devices or equipment within the building.  Nothing shall be done or kept in any unit or in the Common Elements which would increase the rate of insurance on the property, result in the cancellation of any insurance maintained by the Association, or which is in violation of any law.  Pursuant to this provision, it is requested that the occupants of all units and their guests close the gates to the courtyard when entering and exiting the Property.

b. Noise

Excessive noise is prohibited, and defined as that which disturbs residents outside of one’s unit.  Noise produced from televisions, stereo equipment, musical instruments, social activities, and pets must be managed and contained so as not to disturb other residents.

c. Complaints

Residents who wish to register a noise or disturbance complaint should immediately file such complaint on the website for efficient resolution (www.granvillecondoassn.com) whereupon it shall be directed as required the Board.

IX. Bicycles

a. Storage

Bicycles may only be stored in units.

X. Sales Transactions

a. Seller’s Responsibilities

A seller must deliver a sales contract to the management office within 48 hours after its acceptance.  The seller is responsible for obtaining a sales package from the management office and returning required documents and fees in a timely manner.

b. Buyer’s Responsibilities

Prior to the closing date, buyers must obtain a sales package from the management office and return required documentation and fees in a timely manner.  Buyers must deliver a copy of the closing statement to the management office within 48 hours after a closing takes place.

c. Disclosure

Individuals involved in a sales transaction including but not limited to buyers and sellers, their agents, representatives, attorneys, employees, and relatives, may obtain information about the Association, the property specifications, and its financial matters only from the following website: www.granvillecondoassn.com. All information mandated by the Illinois Condominium Act to be released by the Association to prospective buyers is available on the website.  Such information cannot be disclosed directly from the management office or the Board of Directors.  Exceptions will not be made.

XI. Rentals

a. Permission to Rent

Unit owners are permitted to rent their units to tenants for a minimum lease term of 6 months.  No unit may be leased for transient or hotel purposes.  The only exception to this shall be if the city of Chicago shall be the host city for the Olympics.  Agreements to rent a unit must be made in writing and signed by both parties.  Owners will be held responsible for any damages, maintenance requests, or fees incurred or caused by their tenants, guests, tenant’s guests, or the pets of the occupants or their guests.  The provisions of the Illinois Condominium Act and the Association’s governing documents, including but not limited to the Declaration, By Laws, Rules and Regulations, and Board resolutions, shall be applicable to all lessees.  All such provisions, as a matter of law, shall be deemed to be incorporated into any lease executed with respect to any unit.  Leases shall provide that any failure of the lessee, sub-lessee, or assignee to comply with the terms of Condominium documents shall be a default under the lease, sublease or assignment.  Leases also must provide that the Association may exercise against the lessee all remedies available to the Association under its governing documents, including the right to take possession.  Owners entering into leases are not relieved of their duties under the Condominium documents.

b. Association Requirements

An owner renting his unit must deliver an executed lease and any riders or renewals thereof to the Board of Directors no later than 10 days after its execution.  Renters must supply to the management office a completed census form and a certificate of renter’s insurance.  The Unit Owner shall be responsible for providing each of their Lessees a copy of the Declaration, By-Laws and Rules and Regulations of the Association.  Provisions pertaining to the execution of new leases shall become effective upon the expiration of any lease currently in effect.  However, the requirements set forth above are effective immediately.  Unit Owners shall supply the Association with a photocopy of any existing lease within thirty (30) days of notification of these Rules.

c. Contact Information

All Unit Owners who do not reside in a unit owned by them shall provide the Board with an address and two (2) telephone numbers where they can be reached in an emergency, and which may be used in the event that service of any documents is required.  Any expenses of the Association incurred in locating a Unit Owner who fails to provide such information shall be assessed to that Unit Owner’s account.

d. Lease Termination

If the Board, in its discretion, determined that a violation or series of violations warrant termination of the lease, the Board may take whatever action or actions are necessary to terminate the lease.

XII. Moves and Deliveries

a. Definition

A move in/out is defined as the delivery or removal of 5 or more large items to or from a unit including but not limited to furniture pieces, large boxes, cabinetry, and other items requiring transport by the freight elevator.  A delivery is defined as the delivery or removal of 4 or fewer large items to or from a unit.

b. Scheduling

The Board of Directors shall be given at least 5 days notice of all move ins/move outs and deliveries.

c. Available Times

Moves and deliveries of large items are permitted only when the move or delivery can be performed in a manner designed to be performed without any interruption to the normal and customary activities occurring at the Property.

d. Procedure

Movers and deliverymen shall pull vehicles wherever convenient as to ensure the free and unfettered flow of unit owners, renters and their guests to and from the Property.

e. Fees

Unit Owners who are or who have tenants conducting move ins/move outs are subject to a refundable damage deposit of One Hundred Dollars.  Unit Owners who are conducting a move in or move out as part of the sale of the unit are subject to a non-refundable administrative fees.  Delivery of the applicable deposit and fee is required prior to the move date.  The refundable damage deposit shall be returned no later than one week after the move in/move out, unless the Board requires the application of that deposit to damages occasioned by such move. In such event, the Board shall give notice of its objection to the return of the refundable deposit to give the Unit Owner an opportunity to cure any issue of damage or make its position known to the Board at its next meeting.  A list of current fees may be obtained from the management office.  Fees are subject to change at any time at the discretion of the Board of Directors.  Unit owners are liable for all costs associated with damages caused by moves, including but not limited to the amount of the move deposit.  The damage deposit is refundable in the event that there is no damage to common areas resulting from the move.  Determination of damage is at the sole discretion of the agent designated by the Board of Directors.  The administrative move in\out fee is non-refundable.

XIII. Construction Guidelines

a. Procedure & Requirements

1. Specifications for all construction plans other than decorating (painting and wallpapering) must be submitted to management 30 days prior to the anticipation of work beginning.  Management, and in some cases the Board, will review specifications and determine whether the structural integrity of the property is at risk.  Management will notify the unit owner planning construction of the approval or denial of his plans. If an owner does not hear from management 30 days after its notification, he should immediately contact the office to verify project status.  Lack of notification of denial of construction plans does not indicate specification approval.

2. A unit owner may request, at his own expense, to subdivide or combine multiple units.  Such subdivision or combination is subject to approval by the Board of Directors.  The requesting unit owner(s) shall pay, whether or not the subdivision or combination is approved, all costs of the Association in connection therewith, including but not limited to: attorney’s fees, survey costs, and recording charges.

3. Any construction to a unit that would structurally change the building requires Board approval. Construction that would impair the structural integrity, safety, or soundness of the building is strictly prohibited.

4. Unit owners are responsible for supplying the management office with a certificate of insurance for all contractors working in their units.  Certificates must list The Granville Condominium Association and the name of the current management Company as the additional insured.  Insurance certificates must be supplied no later than 48 hours prior to the commencement of work.  Contractors who arrive at the property without having previously submitted certificates of insurance will not be admitted or if admitted may be asked to leave.

5. Owners may conduct or cause to be conducted construction at any time on the interior of their units provided that power tools are used only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.  On Saturday, unit owners may conduct or cause to be conducted construction on the interior of their units between the hours of 9:00 a.m. and 4:00 p.m.  No construction work may be conducted on Sunday or any of the following holidays – New Years Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.  Residents are strongly encouraged to be considerate of their neighbors, and limit all other construction noise outside of the hours listed above as the provisions of Article VIII (a) apply.

6. Unit owners are responsible for informing their neighbors of any anticipated noise associated with construction, as well as the anticipated length of work.

7. Unit owners are responsible for reserving the proper instructions of their contractors.

8. Contractors must remove all debris from the premises, and may not use the building’s dumpsters. Contractors must protect the Residential hallway outside the unit in which they are working by providing tarps in the event of dust.  Any damage to or debris left in common areas following construction work will result in fines assessed to the unit owner, as well as corresponding repair or cleaning costs.

XIV. Pets

a. Guidelines

No animal of any kind shall be raised, bred or kept in any unit or in the Common Areas, provided however, that household pets limited to dogs, cats, birds and fish may be kept in units.  Exotic or unlawful animal species of any type are expressly prohibited.  The maximum number of pets allowed per unit is one (1) dog or cat, two (2) birds or five (5) fish.  Pets are limited to those weighing less than 60 pounds.  No animals are to be kept or bred for commercial purpose.  Pets causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the property upon 3 days written notice from the Association.  No feeding of birds (e.g. pigeons), rodents or animals are allowed in any of the Common Areas.  Pets are not permitted to relieve themselves in the Common Areas or in other Unit Owners’ property areas.  Any deposit of waste by a pet in the Common Areas or private property shall promptly be disposed of by the pet owner or person attending the pet.  No pet may be left unattended at any time.  All pets must be leashed or chained when on any portion of the Common Areas of Unit Owners’ property areas.  The leash or chain shall not be more than six (6) feet in length.  A Unit Owner is responsible for violations of these Rules and Regulations by their tenant and the tenant’s guest or pet.  The cost to the Association of remediating any damage caused by a Unit Owner or their tenant, or to enforce or maintain any portion of the Declaration, By-Laws and Regulations, whether pertaining to this provision or to any other, shall be charged to the responsible Unit Owner.

b. Registration

All pets must be registered with the management office.  Residents are responsible for providing the office with updated information on each pet, including proof of license and vaccination/shots.  Pets of temporary guests must be registered with the management office and conform to all restrictions listed above.

c. Injury and Property Damage

Residents are responsible for any personal injury or property damaged caused by their pets or pets of their guests or tenants.  Each Resident is responsible for picking up after any animal kept in his unit including removing waste deposited by the animal in Common Elements.

d. Violation of These Provisions

Any Unit Owner who has been found to have been responsible for one or more violations of the above rules shall be deemed to have a pet which causes or creates a nuisance or unreasonable disturbance within the meaning of the Declaration and these Rules. Thereafter, the Board, after consideration of the facts and circumstances, may elect to order permanent removal from the Property of the pet upon five (5) days written notice from the Board or its authorized agents.

XV. Assessment and Billing

Full payment of each month’s assessment charges, including but not limited to regular assessments, special assessments, work order fees, administrative fees, and miscellaneous fees, are due on the first of the month and shall be assessed a late fee of $25.00 per month if not received in full by the 15th of each month.  Assessment payments may be made via personally mailed check or money order, through online banking programs.  Owners paying assessments through online banking features are advised that payments are made by banking institutions via live checks sent through U.S. mail, not through wire transfers.  Online banking payments will take 5-7 business days to reach the Association lockbox.  Late fees are non-refundable and non-negotiable.  Owners may request detailed account ledgers from the management office; applicable fees will be assessed.

XVI. Real Estate Taxes

Per the provisions of the Illinois Condominium Act, each unit owner is assessed separately for real estate taxes applicable to his unit.  Neither the Association its Board of Directors, nor its managing agent has any control over the assessment of Real Estate taxes.  Owners must contact the Cook County Assessor’s Office upon purchase to update ownership information with the County.  The Association mayor may not elect to protest the real estate assessed valuations on behalf of all owners on an annual basis.  Owners may elect to “opt out” of the protest process by submitting such request in writing to the management office.  Opting out is subject to the scheduling of the tax protest and requests for such should be forwarded as soon as possible to management.  All costs, including legal fees, incurred by the Association as a result of a real estate tax protest will be charged back to owners.

XVII. Fees and Fines

A current list of maintenance and administrative fees and fines, to the extent not set forth herein, may be obtained from the management office and from the Association’s website.  All fees and fines are subject to change at any time at the sole discretion of the Board of Directors.  The violations and fined detailed in the Rules and Regulations should not be viewed as all encompassing.  The violations listed represent those that are deemed to be of the highest priority and most necessary to enforce.  Any of the Rules and Regulations that are not followed are subject to a fine by the Board.  The Board reserves the right to issue the highest fines assessable, even after the first offense, should the first offense be deemed by the Board to be of extreme severity.  The 4th offense fine will be charged for each additional occurrence after the 4th incident.  The remedies set forth herein are not exclusive and the Board may, in addition, take any action provided for in the Declaration or By-Laws to prevent or eliminate violations thereof or the Rules and Regulations of the Association.

XVIII.  Rule Violations Procedure

a. Complaints alleging a violation of Association documents or rules must be made in writing and include:

1. Violating individual’s name and unit number

2. Description of the violation including date, time, and location

3. Printed name, signature, and address of witness

4. Date of filed complaint

5. Photographs of violation, whenever possible

b. The unit owner will be notified of the alleged violation by the Board or by the management company.

c. The unit owner charged with a violation is entitled to a hearing.  Should the owner desire a rule violation hearing, he must make a written request to the management office.

d. An owner’s right to a hearing is waived if no request is filed within 21 days of the violation notification. In the event of a waived right to a hearing, the allegations in the notice of violation shall be deemed admitted by default.

e. In the event of an owner’s violation of Condominium documents or rules, or in the event of his liability for a guest’s or tenant’s violation:

1. The owner will receive a first violation notice.  The first violation may or may not be considered a warning without applicable fines, at the Board’s discretion.  A discrete-incident first violation fine is $25. A recurring incident first violation fine is $25 per day.

2. In the event of a second or continuing violation of the same document or rule, the unit owner will receive a second violation notice and the assessment of the applicable fine. A discrete-incident second violation fine is $50. A recurring-incident second violation fine is $50 per day.

3. In the event of a third violation, the unit owner will receive a third violation notice and the assessment of the applicable fine. A discrete-incident third violation fine is $100.  A recurring-incident third violation fine is $100 per day.

4. In the event of a fourth violation, the unit owner will receive a fourth violation notice and the assessment of the applicable fine. A discrete-incident fourth violation fine is $150.  A recurring-incident fourth violation fine is $150 per day.

5. Recurring-incident fines, unless a fine is defined elsewhere, will be assessed on a daily basis until the violation ceases and the management office has been notified in writing.

f. An owner found to be responsible for a rule violation will be held responsible for all related costs, including but not limited to: damage or unauthorized condition of the property caused by the violation; the costs of repairs previously made to the area applicable to the violation; the costs of repairs to the area affected by the violation; legal expenses and costs incurred by the Association as a result of the violation; the cost of inspection of the area affected by the violation and the cost of determining required repairs.

g. A unit owner assessed for any costs relating to a rule violation, including but not limited to fines and those outlined in section XXII.f of the Rules and Regulations, will be required to pay all charges assessed within 30 days of notification. Failure to pay all charges due within 30 days will subject the owner to all of the legal remedies necessary for collection. The costs of the collection effort, legal or otherwise, will be added to the owner’s account, and will become an assessment against the unit and collectible as a common expense, as any regular or special assessment against the unit.

h. Notices are considered served to unit owners at the time of personal delivery or on the date of deposit into U.S. mail. Notices that involve a tenant will also be sent to the unit address. Notices regarding units held in trusts will be sent to the address of the trustee, or to such address that has been provided to the Association by the trustee or the beneficial owner of the trust.

XIX Amendments

The Rules and Regulations are subject to change at the discretion of the Board of Directors. In the event of a proposed amendment to the Rules and Regulations, unit owners will be notified of a meeting of unit owners no more than 30 days and no less than 10 days prior to such meeting taking place. The notice to owners will include the purpose of the meeting, and the text of all proposed amendments. The purpose of the meeting of unit owners will be to discuss the proposed amendment/s to the Rules and Regulations. Owners will have the opportunity at the unit owner meeting to voice their opposition or support of the amendments. The Board of Directors will vote upon the proposed amendments at a Board meeting upon a date following the meeting of unit owners. Should the Board adopt one or more proposed amendments, a notice will be sent to all owners with the amended document, and include the future date on which the amended Rules and Regulations become effective.

XX Board Meetings

Any unit owner who wishes to discuss a particular topic at a board meeting must notify the Board in writing of his or her intent with a summary of the topic a minimum of forty-eight (48) hours notice prior to the meeting, with the exception of the refundability of a damage deposit, which shall have become an issue at least nine (9) days prior to the board meeting, which issue shall automatically be on the agenda.  If approved by the Board, the unit owner will be allotted up to five (5) minutes during the open session.

XXI Severability

The illegality, invalidity, or unenforceability under law of any rule, regulation, or condition or any other provision of the Rules and Regulations shall not impair or affect in any manner the validity, enforceability or effect of the remaining provisions of the document.