Reflections of Walnut Creek II Owners Association
Rules and Regulations
as amended August 2002
Introduction
These Rules and Regulations apply to all members of the Reflections of Walnut Creek II Owners Association. It explains who is responsible for fixing what, how the Association operates, and the rules and regulations all residents, guests and visitors are expected to follow. These rules are an extension of the Reflections of Walnut Creek II Condominium Declaration and By-Laws. Each Owner is encouraged to read these documents. The Condominium Declaration which must be provided to every Owner at the time of sale is a recorded deed restriction which every Owner is legally obligated to follow along with other state and federal laws.
1.0 DEFINITIONS
"Association" - Reflections of Walnut Creek II Owners' Association. All Owners whose dues are current and otherwise in good standing with the Association are eligible to vote in Association elections.
"Board" - Elected Board of Directors of Reflections of Walnut Creek II Owners' Association responsible for the financial integrity and day-to-day operations of the Association.
"Common Elements" - All property and structures, except the Units. Includes "General Common Elements" and "Limited Common Elements."
"DEC" - Condominium Declaration.
"General Common Elements" - Unit structures, streets, yards, gardens, recreation areas, fences, unassigned parking spaces, etc. All property and structures except "Limited Common Elements."
"Limited Common Elements" - Storage rooms, porches, patios, and backyards with fences. That portion of the "Common Elements" reserved for the exclusive use of the Owner.
"Property Manager" - The managing agent under contract to the Association and the company responsible for providing all services to the Association.
"Unit" - Your dwelling unit. The boundaries of a unit are the interior surfaces of the walls, floors, ceilings, windows, doors, and the air space. It includes the interior construction, partitions, appliances, fixtures; such as, interior room walls, floor coverings, closets, cabinets, individual plumbing and appliances, individual lighting, etc.
2.0 MAINTENANCE AND REPAIRS The responsibility of maintaining Reflections II is divided. The Association is responsible for the common area; each Owner is responsible for his or her own unit. DEC: 3.7, page 19; 3.9, page 19
2.1 Association Maintenance and Repairs If a part of your condominium is in need of repair, and it does not fit into one of the following categories, you are on you own, just as though you lived in a single family home. The following items are the responsibility of the Association: the four outside walls of your condominium and any other weight bearing walls; the roof of your condominium; the gutters, trim, and outside surface of your condominium, except for doors and glass; all lawns, shrubs, grass, trees, and other plants, except for plants and grass in individual patios; all land, including the land under your condominium; all sidewalks, streets, gutters, drains, and paving; all fences, the swimming pool and mailbox kiosks.
2.2 Owner Maintenance and Repairs The following items are the responsibility of each individual Owner: everything inside his/her condominium, including outside windows; non-bearing walls; cabinets; shelves; closets; wallpaper, paint, plaster; or other finish on inside walls; floors; ceilings; carpets; fixtures; appliances; air conditioning; heating equipment; water heater; plumbing; doors, both inside and out; glass in windows and
doors, both inside and out. An Owner shall maintain and keep in repair the interior patio space, and storage space of his or her own Unit, including the lighting fixtures, faucets and electrical outlets.
2.3 Owner Additions and Improvements When additions have been added to an original unit, any repairs on required additions are the responsibility of the Owner (e.g., additional gutters because of added patio covers, etc.).
2.4 Gas Lines An Owner shall be totally responsible for his or her own heating and cooling system and the gas line connecting the meter to the unit (specifically the gas line from the tee on the feeder stands into the units).
2.5 Timely Completion of Repairs All fixtures and equipment installed within the unit shall be maintained and kept in repair by the Owner and the Owner shall be obliged to promptly repair and replace any broken or cracked glass in windows or doors within ten (10) days. Until such time that an Owner can repair and replace any broken or cracked glass or torn/damaged screens in windows and doors, an Owner must do whatever is necessary to prevent any further harm or damage to the Unit.
2.6 Owner Insurance The Association maintains a multi-peril insurance policy for the Common Elements. Insurance coverage on the furnishings and other items of personal property belonging to an Owner and casualty and public liability insurance coverage within each Unit are specifically made the responsibility of each Owner. Please note that you are responsible for glass and your policy should include glass coverage. Any insurance obtained by an Owner shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Owners, Association or their respective agents or guests. DEC: 4.6, d, f, page 25.
3.0 ASSOCIATION GOVERNMENT
3.1 Association Membership Every Owner is a mandatory member of the Reflections of Walnut Creek II Owner's Association. The sources of funds for the Association are: (1) the monthly Association dues and (2) interest earned on all Association accounts. Every Owner of the Association is responsible for the payment of monthly dues to the Property Manager and water bills to the contractor responsible for water billing and services. All checks are payable to Reflections of Walnut Creek II. To be a member in good standing an Owner must be current in the payment of monthly dues and water bills and other costs that may be due to the Association. Members in good standing have the right to vote in all Association elections.
3.2 Association Dues The monthly assessment for each unit is determined by the amount of the total annual budget and by percentage ownership as recorded in the Declaration. Association dues are due the first day of each month and become delinquent if not received in the Property Manager's office by the 15th of each month and a late fee will be assessed. The collection procedure for delinquent Association dues is detailed in Section 9.2.
3.3 Board of Directors The Association is governed by a 5 (five) member Board elected by members of the Association to 3 (three) year staggered terms. The Board is responsible for the hiring of the Property Manager, the budget, the making of rules and regulations and all other matters of Association government set forth in the Condominium Declaration and By-Laws and state and federal laws. Owners in good standing with the Association are eligible to be elected to the Board with the following restrictions: a member of the Board may not have a financial interest in the matters of the Association and may not have any financial interest in or family relationship with any contractor of the Association. In addition, co-habitants and family members may not serve on the Board at the same time.
3.4 Association Meetings The Association meetings are held at such times during the year that business needs to be transacted. There is at least one (1) regular meeting of the Association the third Tuesday in May each year. A majority vote of the Owners present is necessary to transact business at annual Association meetings on those items where a vote is required by the Condominium Declaration or Association By-Laws. Special meetings of the Association can be called by one of three methods: (1) by the President of the Board, (2) by at least three officers of the Board, or (3) by a petition of at least ten percent (10%) of the Owners. The official call and the agenda of each meeting shall be transmitted to each Owner at least ten (10) days, but not more than twenty (20) days, prior to the Association meeting.
3.5 Association Budget The fiscal year of the Association follows the calendar year, January 1 through December 31. The budget is normally presented by the Property Manager and reviewed and approved by the Board in November. Unless there are substantial changes in the budget which require an increase in dues or a special assessment, the budget will be presented to all Owners at the annual meeting. If there is a substantial change a special meeting will be called by the Board before the budget is made final. The budget and all financial records are available for inspection by any Owner at the office of the Property Manager.
3.6 Association Contracts Association services are provided by contractors. The Association maintains contracts for property management services, landscaping, trash and garbage collection, pool maintenance, termite control and group multi-peril Association insurance. A copy of all contracts is kept in the Property Manager's office as part of the official record of the Association. Other contracts (e.g., painting, roofing, etc.)
are added as required. Contracts are available for inspection by any Owner at the office of the Property Manager
3.7 Voting Every Owner has one vote equal to a percentage of the total shares in the Association. The percent is determined by square footage of the unit and is recorded in the Declaration. This percentage is equal to the percentage of Association dues paid by each member.
3.8 Board Meetings The Board is required to meet quarterly, however, meetings are often held more frequently. All Board meetings are announced on the kiosk by the mailboxes at least one week in advance. Owners are encouraged to attend Board meetings; however, some items regarding delinquencies, contracts and any legal matters may be discussed by the Board in closed executive session under the State Property Code.
3.9 Meeting Minutes and Reports Minutes of each Association and Board meeting are kept on file in the Property Manager's office as part of the official record of the Association. In addition, meeting summaries will be provided after every meeting.
3.10 Association Committees The Condominium Declaration and Association By-Laws allow considerable latitude in the Association structure with reference to number and title of committees. At the annual meeting the Board shall announce committee needs and ask for volunteers to sign up for committee assignments. Committees normally operate in the area of contracts, newsletter, rules and regulations, landscaping and other areas identified by the Board. The primary function of a committee is to research and evaluate a specific problem, need, or function and make recommendations to the Board. The committees can make recommendations only, since decision making and policy formulation are the responsibility of the Board.
4.0 OWNER RIGHTS AND RESPONSIBILITIES
4.1. Residential Occupancy Only Each Unit shall be occupied and used or leased by the Owner for a residential dwelling. Use of a Unit for business purposes is restricted to keeping business records or accounts and handling business telephone calls or correspondence. Use of a Unit for a "child care services" business is prohibited. (DEC. 2.9, A, pg. 9 & 3.4, pg. 18)
4.2. Leasing Owner’s Responsibilities No Owner shall be permitted to lease a Unit for a period less than thirty (30) days. No Owner shall be permitted to lease less than the entire Unit. Every lease shall be in writing. Every lease shall provide that the lessee shall be bound by and subject to all of the obligations under the Declaration and By-Laws of the Owner making such lease and failure to do so shall be a default under the lease. The Owner making a lease shall not be relieved from any of the said obligations. Out-of-state Owners shall be required to retain and use the services of a local leasing agent for leasing their Units. Owners (or their leasing agent) must contact the Property Manager when the occupants in the leased Unit change. An Owner is completely responsible for all actions of his or her tenants. DEC: 2.9, e, 13, page 14
When a unit is leased or when any existing lease is renewed the Owner shall contract with the tenant using the standard Condominium/Townhouse Lease Contract issued by the Texas Apartment Association following the standard mandatory procedure described herein.
The Managing Agent will provide to the Owner or the Owner’s designated Management Company a packet of information containing the following documents: 1) a cover letter outlining the required procedure, 2) three copies of the required lease, 3) one copy of the Association’s Rules and Regulations to be provided to the lessee upon the signing of the lease, and 4) an envelope to return a signed copy of the lease to the Managing Agent.
Upon notification by the Managing Agent, Owners of units leased on the date of adoption of this rule shall provide a copy of the current tenant’s lease to the Managing Agent or inform the Managing Agent of the intended use of the unit consistent with the procedures, schedule, fees, and fines set forth herein. All future leases shall be the standard Condominium/Townhouse Lease Contract issued by the Texas Apartment Association.
Within 15 days of signing the lease or the receipt of notice of this provision the Owner or the Owner’s designated Management Company shall return a signed copy of the lease to the Managing Agent with a lease documentation fee established by the Managing Agent and approved by the Board. If 15 or more days pass after the lease/renewal has been signed and the Owner has not complied with this rule, a fine of $50 will be assessed against the Owner. Further, if the Managing agent is not provided a copy of the lease or informed of the intended use of the unit within 30 days the Owner shall be assessed an additional fine of $250 and $50 per month thereafter until Owner is in full compliance with this reporting requirement and all applicable fines are paid.
4.3 Leasing and Water Charges Each Owner (or their leasing agent) must include language in the lease or other rental agreement informing the tenant of charges for water turn-on and shut-off and other services as set forth in regulations of the Texas Natural Resources Conservation Commission Sec. 291 125(a)(i)(l). All rental agreements between the Owner and the tenant shall clearly state that the Unit is submetered, that the bills will be issued on that basis, that water consumption or wastewater charges based on water consumption for all common areas and common facilities will be the responsibility of the Owner and not of the tenant, and that any disputes relating to the computation of the tenant's bill and the accuracy of the submetering device will be resolved between the tenant and the owner. All rental agreements shall also state that:
a. a one-time penalty not to exceed 5.0% may be made on delinquent accounts, and
b. a reconnect fee may be applied if service to the tenant is disconnected for non-payment of bills. Such reconnect fee is calculated based on the average actual cost of reconnection, but under no circumstances shall exceed $10.00.
4.4 Offensive and Unreasonable Activity No Owner shall carry on any noxious or offensive activity nor shall anything be done which may be or become an unreasonable annoyance or a nuisance to any other Owner. No loud noises or noxious odors shall be permitted. No fireworks or their use will be permitted on property. The Board shall have the right to determine if any noise, odor, or activity constitutes a nuisance. DEC: 2.9, e, 5 page 11
4.5 Noise No loud noises shall be permitted on the Property. No noisy vehicles will be operated on the property. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices) shall be used or placed on any portion of the Property or exposed to view without the prior written approval from the Board. Owners may be requested to remove wind chimes, bells, loud stereos or other devices at the request of a neighbor. DEC: 2.9, e, 5, page 11
4.6 Use of Common Elements Each Owner may use the Common Elements in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. No Owner shall obstruct or damage the Common Elements, nor shall any Owner unreasonably interfere with the
use, maintenance, and operations of the Common Elements. An Owner shall be absolutely liable to each and all remaining Owners, their families, guests and tenants for any damage to person or property caused by said Owner. DEC: 2.9, c & d page 10; 3.3 page 18
4.7 Common Area Rules Reasonable regulations governing the use of Common Areas and recreational facilities by Owner, family members, guests, and tenants shall be established by the Board. Compliance with said regulations by Owners, their family members, guests, and tenants are mandatory.
a. Speed limit on property is 15 mph.
b. Use of skateboards, roller blades, skates and other similar items are not permitted on the Property.
c. Residents and guests are not permitted to play in the parking or drive areas.
d. Resident and guest parking is open, except for marked handicapped spaces.
f. Limit four guests per unit in the pool area.
4.8 Pool Rules Rules posted at the pool include:
a. Pool hours are 10:00 a.m. to 11:00 p.m. daily
b. Pool is for residents and guests only with a limit of four guests per unit.
c. Children under 12 must be accompanied by an adult.
d. Children under 12 are not allowed in the hot tub.
e. Diving is prohibited.
f. Pool should not be used unless two or more people are present within pool enclosure.
g. Beverages are permitted only in non-breakable containers (no glass or bottles) and must be placed in trash containers when empty.
h. Absolutely no pets in the pool area.
i. No climbing or jumping over fence allowed.
j. No loud or obnoxious noise or conduct in the pool area.
k. No public intoxication allowed in pool area.
l. Lifeguard not on duty - the Association is not responsible for accidents.
m. Running in the pool area is prohibited.
n. Pool gate must be closed at all times.
4.9 Clothes Drying No pieces of clothing are to be hung over the fences. Clothing or household fabrics may be hung, dried, or aired within patio areas for a time period not to exceed 6 (six) hours. DEC: 2.9, e, 8 page 12; 4.4, I, page 22
4.10 Association Right to Access The Association shall have the irrevocable right to have access to each Unit during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Common Elements or at any time for making emergency repairs necessary to prevent damage to the Common Elements or to another Unit or Units. An Owner will be notified in writing by the Board concerning the need to access a Unit in non-emergency situations. DEC: 3.6, Page 18
4.11 Use of the Common Elements Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the property without prior written consent of the Board. No Owner shall permit anything to be done or kept in his Unit or the Common Elements which will result in the cancellation of insurance on any Unit, or any part of the Common Elements, or which will be in violation of any law. DEC: 2.9, e, 2, page 11
4.12 Temporary Structures No structure of a temporary character such as a trailer, tent, shack, garage, barn or other outbuildings shall be permitted on the Property at any time temporarily or permanently. DEC: 2.9, 3, 7, page 12
4.13 Fires No exterior fires shall be allowed that create a fire hazard. Barbecue fires, the only fires permitted, should comply with the Uniform Fire Code which states: "Residential barbecue pits, hibachis or other cooking appliances using charcoal, wood, or gas as a fuel cannot be used on combustible balconies, porches, verandas or near walls closer that five feet to any portion of any combustible building. (Balcony, porch roof overhang deck or veranda.)" DEC: 2.9 e, 8, page 12
5.0 IMPROVEMENTS AND ALTERATIONS
5.1 Decorating Your Unit Furniture, potted plants, hanging plants, door wreaths, flags and other decorations that do not detract from the visual attractiveness of the complex may be placed on your Unit. Hanging plants should be light in weight and should be hung only from beams. Damage created by hanging plants or other decorations shall be the responsibility of the Owners. Owners are also responsible for the overall condition of plants and other decorations and the Association has the right to remove empty planters, planters with dead plants and other decorations that are in poor condition with 3 (three) days notice. The Board shall have the right to determine if any of the decorations of individual units detract from the visual attractiveness of the complex.
5.2 Landscaping Within individual Units the planting of trees, flowers, shrubs, etc., shall be permitted in the Unit's fenced backyard area provided that:
a. the planting of such items improves the overall appearance of the Property, does not cause any unreasonable damage to the Property, or does not become a nuisance to any other Owner.
b. the Association and Board shall not be held liable for damage to any said item planted due to the maintenance or repair of the Common Elements or Units. DEC: 2.9, e, 10, page 13
c. the planting of such items does not detract from the visual attractiveness of the complex, as determined by the Board.
d. the Board shall have the right to determine what constitutes unreasonable damage or nuisance. Should the Board determine that any plant, tree, flower, shrub, etc., does constitute a nuisance, causes unreasonable damage, or detracts from the visual attractiveness of the complex, then upon written request by the Board, an Owner shall remove said item in a timely manner.
5.3 Signs Signs may be posted on the property as permitted below. Posting of any other signs requires the prior written consent of the Board. DEC: 2.9, e, 4, page 11
a. Permanently affixed window stickers displaying security systems or other copyrighted safety programs shall be permitted.
b. Signs indicating Units are for sale, lease or rent, shall only be permitted to be placed inside the Units. One sign allowed per Unit in one front window only.
c. "Open House" and "Directional" signs are permitted on a short term basis. The signs must be removed by the realtor immediately following the Open House.
5.4 Procedures for Alterations and Improvements No Owner shall in any way alter, modify, add to, or otherwise perform any work whatsoever upon any of the Common Elements without the prior written consent and approval of the Board. An Owner desiring to make any alterations must submit to the Board the complete plans and specifications showing the nature, kind, shape, size, materials, color, and location for all proposed work. The Board will have thirty (30) days after receiving the plans and specifications to approve or disapprove the alteration request. No improvements can be made which will impair the structural soundness of any building or impair any easement. The Board can authorize only those alterations which do not modify the boundaries of the Common Elements and which do not detract from the appearance or architectural integrity of the property. Any improvements which modify the boundaries of the Common Elements, such as fence extensions, can only be made with an amendment of the Declaration. DEC: 2.9, b, page 9; 2.9, e, 6, page 12; 3.8, page 19
5.5 Fences No fence or wall shall be erected or maintained upon the property, except as approved by the Board. DEC: 2.9, e, 10, page 13
5.6 Screen Doors and Solar Screens Solar screens and storm/screen doors of the same
color as the original window frame and insect screening are allowed. Owners must inform the Property Manager in writing of the improvement.
5.7 Exterior Shades or Canopies No shades or canopies shall be installed on the exterior of a Unit without written permission from the Board of Directors. Shades or canopies attached to the eaves of the building are not permitted. The only exterior shades that may be installed are those affixed to the window frame.
5.8 Window Coverings Occupants of Units will have 30 days to install appropriate window coverings. Interior window coverings (i.e., drapes, blinds, shades, etc.,) visible from the Unit's exterior shall be in good condition and not detract from the appearance of the property. Blinds that are bent, broken or otherwise in poor condition, reflective foil window coverings, and cracked, wrinkled or poorly installed window films are not permitted. The Board shall have the right to determine compliance or non-compliance of individual units with these standards. DEC: 2.9, e, 1, page 10; 4.4, I, page 22
5.9 Outdoor Lights Outdoor spot lights may be installed in patio areas instead of decorative lighting and may have automatic controls to turn them on and off. Spot lights and utility lights of any kind are not permitted on the front of Units. Outdoor lights replaced by the front door of Units must be decorative brass and the same approximate size as the original lighting fixture.
5.10 Window Replacement Windows may be replaced with double pane and/or low emissivity windows which are the same color and style as the original windows. All window replacements must be approved by the Board of Directors.
5.11 Unit Numbers Reserved.
5.12 Satellite Dishes Owners may install a mini dish (18 inch satellite system or smaller) on their units when the following conditions are met:
a. the Owner pays a deposit of $100 to the Association to cover the increased cost of routine building maintenance because of the mini dish installation, and
b. the Owner signs a waiver releasing the Association from all responsibility for any damage to property or persons resulting from the installation and operation of the mini dish and agrees to pay in full the cost of all damages resulting from the installation and operation of the minidish in excess of the $100 deposit, and
c. the Owner submits a request in writing to the Property Manager naming the installing company and providing a diagram showing the proposed location of the mini dish installation for approval by the Board.
d. Renters are not permitted to install mini dishes on their units and owners shall be fully responsible for all damages or other costs resulting from the installation or operation of a mini dish by a renter.
e. All mini dishes installed as of September 9, 1998 are in violation of these rules and Owners have 30 days to comply with these rules without prejudice or penalty.
5.13 Patio Covers Patio covers shall be submitted to the Board for review under Section 5.4 Procedures for Alterations and Improvements.
5.14 Attic Access Owners may install standard covered openings to access the crawl space area between the roof and ceiling with the prior written approval of the board for appropriate activities. Appropriate activities include access for the purpose of installing additional ceiling insulation, installing cable wiring or other improvements considered appropriate by the Board. Board approval is contingent upon the improvements being completed by a licensed contractor in compliance with all applicable building and safety codes. Storage is a prohibited use of attic space.
6.0 PARKING AND VEHICLES
6.1 Parking Spaces Property is designed to provide parking spaces for two passenger vehicles per unit. There shall be a maximum of two vehicles per Unit parked on the Property. Residents who require a handicapped space should contact the Property Manager to arrange for a marked space. Only authorized vehicles with verifiable "Handicapped" status are authorized to park in parking spaces marked and reserved for handicapped. DEC: 2.9, e, 9, page 12
6.2 Use of Parking Spaces Parking spaces are for the use of residents to store vehicles which are their primary means of transportation. Spaces shall be used for parking purposes only.
a. Owners shall park only within designated parking spaces. Vehicles belonging to non-residents cannot be parked on property on a long-term basis; i.e., stored on property and not in regular use. Vehicles parked outside of marked spaces may be towed at the Owners expense with no prior notice.
b. No Owner shall park, store, or keep on the Property any recreational vehicle such as a camper unit, motor home, truck, trailer, boat, mobile home or any similar vehicle deemed to be a nuisance by the Board for more than 24 hours. DEC: 2.9, e, 9, page 12
6.3 Owner Vehicles Vehicles parked on Property include only those vehicles used by residents as a primary means of transportation.
a. Vehicles does not include bicycles. Bicycles should be stored so as to be screened and concealed from view.
b. Vehicles does not include any large commercial-type vehicles (such as a dump truck, cement mixer truck, oil or gas truck, delivery truck), or any vehicle equipment, mobile or otherwise, deemed to be a nuisance by the Board and no Owner shall park, store, or keep such a vehicle on the Property. DEC: 2.9, e, 9 page 12
6.4 Vehicle Repairs No Owner shall conduct major repairs or major restoration of any vehicle upon the Property. Minor repairs are allowed which can be completed in 3 (three) hours or less. Minor repairs are, but not limited to: adding fluids, changing/rotating tires, and changing batteries. The Board of Directors will determine what is to be included as Minor Repairs. Changing of oil and other fluids is prohibited.
6.5 Motorcycles and Recreational Vehicles Motorcycles may be operated on the paved portion of the property only as a primary means of street transportation to and from the property. Motorcycles, motorbikes, motor scooters, or other similar vehicles may not be used on any portion of the property for recreational purposes. DEC: 2.9, e, 11, page 13
6.6 Inoperable Vehicles Inoperable vehicles shall not be stored in a parking space or within the Common Elements in general. Vehicles not currently licensed or with expired state inspection stickers are considered inoperable as are vehicles that have a flat tire(s). Inoperable vehicles may be towed at Owner's expense. A dated notice will be placed on the vehicle for a first offense prior to towing. If the vehicle is not made operable or removed from the Property within 3 (three) days of the posting of the notice, the vehicle will be towed at the Owner's expense. For a second offense, the vehicle may be towed without prior notice. The vehicle will be towed at the Owner's expense. DEC: 2.9, e, 9, page 12
6.7 Damage Caused by Vehicles Owners will be responsible for any damage caused to Property by vehicle operation or repairs. Owner will be responsible for any damage done to parking surfaces by leaking vehicle fluids. DEC: 2.9, E, 3 PAGE 11
7.0 GARBAGE
7.1 Garbage Collection Garbage is collected two times a week. Dumpsters are provided for disposal of waste on the property; however, items such as Christmas trees, mattresses, sofas, other large pieces of furniture, and hazardous waste cannot be deposited in the dumpsters. Central Texas Refuse (243-2833), will schedule collection of large objects at the Owner's expense. The usual rate is $45.00 per hour plus landfill costs. Several owners can schedule pick-up at the same time and share the expense. The City of Austin Hazardous Home Chemical Collection Facility accepts paint, paint thinners, anti-freeze, acids, batteries and other hazardous items. Call 416-8998 for times and locations for collection. Pick up can be arranged for the elderly and handicapped. No lumber, grass, shrub or tree clippings, plant waste, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on the Property. DEC: 2.9, e, 8, page 12.
7.2 Storage in Common Areas Except in the storage areas, nothing shall be stored in the Common Elements. Except when in use, garden equipment (including hoses) shall be stored properly and concealed from view. Cleaning items such as mops, brooms, buckets, etc., shall be stored properly and concealed from view. The Association has the right to control the visual attractiveness of the Property, including, without limitation, the right to require Owners to eliminate objects which are visible from Common Areas and which, in the Board's judgement, detract from the visual attractiveness of the Property.
8.0 ANIMALS
8.1 Domestic Household Pets Only No animals, livestock, reptiles, or poultry of any kind shall be raised, bred or kept in any Unit or the Common Elements. Dogs, cats, fish, birds and any other household pet may be kept in the Units subject to rules and regulations adopted by the Board, provided they are not kept, bred, or maintained for commercial purposes. Ordinarily, no Owner may keep more than two (2) pets per household; however, the Board may determine a reasonable number of household pets that may be kept in any one instance which may be more or less than two (2). The Board may also limit the size and weight of any household pets allowed.
8.2 Vicious and Dangerous Animals Specific types of animals known to be vicious or dangerous are not allowed to be kept on the Property (i.e., Pit Bulls). The Board will have the right to determine which other types of pets or breeds of dogs that are not to be kept on the Property. DEC: 2.9, e, 12, page 13
8.3 Animals Must be Leashed or Confined Animals belonging to an Owner, his guests, or tenants must be kept either within an enclosure, the enclosed patio area, or on a leash being held by a person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape and shall be subject to the approval of the Board. Doghouses and similar pet structures shall be permitted so long as such structures are kept within the fenced patio area and are screened and concealed from view. DEC: 2.9, e, 12, page 13; 2.9, e, 7, page 12.
8.4 Animals Must be Attended at All Times Animals should not be left unattended or confined in patio areas when the Owner is not home. An Owner shall be absolutely liable for barking or other noise which disturbs other residents. An Owner shall also be liable for any damage to person or Property caused by animals brought or kept on the Property by the Owner, his or her family, guests, or tenants.
8.5 No Animals in the Pool or Pool Area No animals are allowed in the pool or inside the fenced pool area. Any animal found in the pool or pool area will be considered a nuisance.
8.6 Nuisance Animals An Owner or his tenant shall be required upon written request by the Board, to remove an animal from his Unit and the Property that has been determined to be an unreasonable nuisance. The Board shall have the right to determine what constitutes an unreasonable nuisance. DEC: 2.9, e, 12, page 13
8.7 Clean-Up after Animals It shall be the absolute duty and responsibility of each Owner, his or her guests, or tenants to clean up after their animals which have defecated or otherwise used any portion of the Common Elements which creates a mess. This includes the fenced backyard areas. Should an Owner or his tenants fail to clean up after their animals which have used the Common Elements (including the backyard area) after being properly warned, then the Owner shall be required, upon written request by the Board, to remove said animal(s) from the Unit and the Property. The Board shall have the right to determine if an Owner or tenant is reasonably cleaning up after said animals. DEC: 2.9, 3, 12, page 13; 2.9, 3, 5, page 11
8.8 Unattended Animals If any animal belonging to an Owner, his or her guests or tenants is found unattended on any portion of the Common Elements or not being held on a leash by a person capable of controlling the animal, call animal control at 472-7387. Persistent problems with unattended animals must be reported to the Property Manager in writing for enforcement under the nuisance animal provision found in Sec. 8.6 of these rules. DEC: 2.9, e, 12, page 13
9.0 ENFORCEMENT STEPS AND COSTS
The Association has procedures to follow when an Owner does not comply with these rules and regulations. The enforcement procedures are divided into categories which include enforcement of behavioral violations, collection of delinquent Association dues, and parking violations. Notwithstanding any other provisions of this Section an Owner is entitled to a thirty-day notice of violation during which the Owner has a right to request an appeal at the next regularly scheduled board meeting by contacting the Property manager in writing.
9.1 Enforcement of Behavioral Violations When a neighbor acts in an offensive or unreasonable manner as defined by these rules and regulations (i.e., loud music, barking dogs, fireworks) the most expedient course of action is to ask the neighbor to stop unless you are concerned for your own safety in doing so. If a neighbor is disturbing the peace, please call the police at 356-4249 or 911 for an emergency. If an animal is causing a problem and you cannot or are unwilling to contact the Owner directly, please call the police (356-4249), or animal control (472-7378). The Property Manager and the Board are always willing to help Owners work out solutions, however, the Property Manager and the Board are not a law enforcement agency.
9.2 Collection of Delinquent Association Dues The Property Manager keeps the Board fully informed of Owners who are delinquent in the payment of Association dues. The process for collecting on delinquent accounts consists of the following:
a. written reminder followed by a phone call
b. a certified letter demanding payment in 10 (ten) days followed by a phone call
c. contact with the mortgage company to learn the status of mortgage payments
d. account is turned over to an attorney for collection at the Owner's expense
The Association will consider a limited short-term plan for paying off delinquent dues when an Owner has extenuating circumstances. The Owner must contact the Property Manager in writing proposing payment terms for the approval or denial of the Board.
9.3 Enforcement of Property Violations When a property does not conform with these rules and regulations and is reported to the Property Manager or identified by the Property Manager as such the following procedures will be followed.
a. The Property Manger will contact the Owner by telephone to inform the owner of the violation and give the Owner the option to correct the violation within 10 (ten) days.
b. If the violation is not corrected within 10 (ten) days of telephone contact, the Property Manager will notify the Owner in writing of the violation of these rules and request compliance within 10 (ten) days from the date of the letter. Any Owner who receives a violation letter may appeal the letter to Board of Directors. To appeal, the Owner must contact the Property Manager in writing and attend the next regularly scheduled Board of Director's meeting where the Board of Director's will review the violation letter and the Owner's appeal.
c. If the first violation is not corrected within 10 (ten) days or another violation of the same rule occurs within ninety (90) days, the Property Manager will write the violator a second letter requesting compliance within 5 (five) calendar days. The Owner will be responsible for paying a minimum $50 charge to cover the costs of writing the second letter. If the violation is not corrected within 5 (five) calendar days from the date the second letter was received the Owner will be charged a daily fine of $10.00 per day until the violation is corrected. Violations may be corrected by the maintenance staff. Maintenance staff time will be charged to the owner at the rate of $25 per hour with a minimum one hour charge. Any other costs incurred by the Association to enforce rules such as towing, attorney's fees, etc., will be the cost of the Owner.
d. Fines and all other costs such as repairs, towing, attorney's fees, etc. will be deducted from the Owner's monthly Association fee. Example: $100 Association fee, the $50 fine is taken out of the Association fee. Thus, leaving $50 of the Association fee delinquent. This procedure is consistent with the Association's By-Laws.
e. If compliance is not accomplished, the Board may authorize an attorney to enforce the rules and collect all applicable costs from the Owner.
f. The above Enforcement Procedures are not exclusive. If the Board of Directors in its sole discretion determines that circumstances so warrant, it may proceed immediately, and without giving the above written notices to the owner/resident, to exercise any remedy provided in the Declaration or by law or equity, including turning the violation over to an attorney for enforcement and/or filing a lawsuit.
9.4 Enforcement of Parking Violations
a. All towing is at the Owner's expense. If a vehicle is towed from the Property the towing fee for towing and storage will have to be paid to recover the vehicle from the automobile impound lot.
b. Inoperable vehicles may be towed using the following procedure. A dated notice will be placed on the vehicle for a first offense prior to towing. If the vehicle is not made operable or removed from the Property within 3 (three) days of the posting of the notice the vehicle will be towed. For a second offense, the vehicle may be towed without prior notice.
c. Vehicles parked outside of marked spaces may be towed with no prior notice.