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FAIRWAY VILLAS CONDOMINIUM ASSOCIATION 3950 Royal Liverpool Uniontown, Oh 44685
RULES AND REGULATIONS
The following Rules and Regulations have been properly enacted by the Board of Trustees of Fairway Villas Unit Owners Association under the authority of the Declaration of Fairway Villas Condominiums, which have been created under chapter 5311 of the Revised Code of Ohio. These Rules and Regulations are applicable to all unit owners, unit residents, unit lessees, unit renters, unit contract buyers, their guests and persons providing services to their units.
VIOLATION OF ANY RULES AFTER THE RECEIPT OF ONE (1) WARNING LETTER WILL RESULT IN A FINE OF $100.00 FOR THE FIRST (1) OCCURRENCE AND $100.00 PER VIOLATION THEREAFTER.
REVISED AND APPROVED BY THE BOARD OF TRUSTEES OCTOBER 20, 2009
WELCOME TO FAIRWAY VILLAS CONDOMINIUMS
Fairway Villas, a condominium community, prospers through the cooperation of unit owners and residents working together for their mutual benefit. Unlike an apartment complex, our community conducts its affairs through a unit owner’s association and its elected Board of Trustees. Owners and residents are responsible for the maintenance and care of the interiors of the 104 dwelling units in our complex and the garage assigned to their unit. The Board of Trustees, guided by the Association Declaration and By-Laws, coordinated architectural control and maintenance of the building exteriors, the common area and the limited common areas –lawn care, shrubbery and plants, the swimming pool, streets, security lighting and more. While the Association, the By-laws and the Board work together to provide community services, resident cooperation is vital to its smooth operation. The following Rules and Regulations are offered to help you responsibly enjoy our community. The Board of Trustees consists of seven members, one of which need not be a unit owner. The non-unit owner may only serve as a trustee, not as an officer. Two or three are elected each year at an Annual Meeting of all unit owners held in July. Service on the Board is a volunteer position – no member receives any monetary compensation. The members of the Board of Trustees freely donate their time to assure continued improvements to Fairway Villas and strive to act in the best interest of the unit owners as a whole and are to be treated with respect for their efforts. Professional management of Fairway Villas is provided by S & S Office Support Services under the direction of the Board of Trustees. Full meetings of the Board of Trustees and the Management Company are held monthly, however, the Board members are in constant contact with the Management Company to address problems as they occur. Because of the limited space available, it is impossible to permit attendance of non-board members without prior notice to the Board. An annual meeting of all unit members will be every July and all are urged to attend this meeting which will be held in the common area. Occasionally, when issues arise that need to be addressed by all unit owners, special meetings are scheduled and space is rented to accommodate these meetings. The City of Green provides fire protections, paramedic and ambulance services. The Summit County Sheriff handles the law enforcement. Children attend Green Local Schools.
IMPORTANT COMMUNITY INFORMATION
Emergency 911 Fire 330-896-6610 Summit County Sheriff 330-643-2181 Consumers Ohio Water 330-366-3300 D.O.E.S. (Sewer) 330-643-2400 East Ohio Gas 330-794-0790 Ohio Edison 1-800-633-4766
S & S Office Support Services Willa Smith 330-283-2927 twsmith97@hotmail.com Mary Summers 330-285-6560 masummers@neo.rr.com Board of Trustees telephone numbers are found in the mail room. The City of Green provides fire protection, paramedic and ambulance services. The Summit County Sheriff handles the law enforcement. Children attend Green Local Schools. Fairway Villas Website: Greenfairwayvillas.com City of Green Website: www.cityofgreen.org AGREEMENTS, APPLICATIONS, NOTICES AND INDEMNIFICATION PAPERS MAY BE FOUND ON WEBSITE AND ALSO POSTED IN THE MAILROOM. TABLE OF CONTENTS
Rules and Regulations Cover Welcome to Fairway Villas Important Information – Police, Fire, etc. Table of Contents Parking and Automobiles Common Elements Garages Pool Rules Pool Rules Continued Selling Units Signs Renting and Leasing Units Landscaping and Decorating Units Unit Owners and Residents Responsibilities Trash Collection and Traffic Pets Satellite Dishes and Air Conditioning Units Mailroom Buildings and Patios and Decks Maintenance Fees and Collection Policy Fines and Appeals A community organization IS A BUSINESS
PARKING AND AUTOMOBILES
EACH VEHICLE MUST DISPLAY A FVCA IDENTIFICATION LABEL (Labels will be distributed in Spring of 2010)
Each unit shall have no more than two (2) vehicles, one of which MUST be parked in garage and the other MUST be parked in front of the garage. Extra parking spaces and the street are for guests. In the event any unit has a definite need for a third vehicle, a written request must be submitted to the Management Company with an explanation of this necessity for an additional vehicle. The request will then be submitted to the Board of Trustees for review.
No commercial vehicle shall be permitted unless it can be wholly enclosed within the garage. (Note: This rule is included under #1296.02 of the City of Green Planning and Zoning Code.) None of the following vehicles may be parked in the unit owner’s garage or on condominium property. Recreational vehicles Trucks larger than pick-ups Boats Storage of any unlicensed or disabled vehicle for a period greater than 24 hours Any vehicle leaking gas, oil or other fluids. No repairs, painting or changing of oil of vehicles in garages on condominium property. No parking in fire lanes – you will be fined and possible towed. No parking or driving of vehicles on lawn. All vehicles must conform to the noise ordinance of the City of Green.
COMMON ELEMENTS The facilities of Fairway Villas Condominiums are for the use and enjoyment of its residents and their guests. Residents (adults and children) may not play with hard balls or bats.
Lawns are not to be used to practice golf swings. Please use a golf course or driving range. Noise level must be kept at a minimum.
No skate boards, bicycles, roller skates or roller blades are permitted on sidewalks or lawns.
Note: Common Elements in the past were known as Common Areas and Facilities. This was changed when the new code #5311 was passed for Ohio Condominium Laws.
Garages All garage doors must be kept locked at all times. Garages are to be used for garages. They are not to be used for work areas.
All garage doors must be kept in good condition and painted if needed. Do not change color of painted garage doors. The replacement of garage doors must be approved by the Board of Trustees prior to installation.
All doors must be replaced with the same type of door as the others in your building (either all with windows or without windows.) Wood doors MUST be replaced with steel doors.
Garage doors in buildings that have a unit above the garage must be insulated. Garage interiors must be kept neat and clean.
Garages are not for storage of furniture or hazardous or flammable substances. Garages are not to be used as "play areas" for children or "meeting places" for teens or adults.
No vehicles are to be running inside the garage for any length of time.
POOL RULES Pool hours are from 10:00 A.M. until 10:00 P.M. Sunday through Thursday and from 10:00 A.M. until 11:00 P.M. Friday and Saturday. No glass containers of any kind are permitted within the pool area.
Games involving running, ball throwing, shouting or objectionable conduct and language are not permitted. No small objects are allowed in the pool (golf balls, coins, etc.)
Non-swimmers are not allowed past the safety ropes in the deep area. This included small children with flotation devices and includes the devices used in shallow area. The safety rope must be kept in place AT ALL TIMES.
Never sit, stand or hang on to the safety rope unless you are in danger of drowning. Children under fourteen (14) years of age must be supervised and accompanied by a resident over eighteen (18).
Unit residents are limited to four (4) guests per time and resident must accompany guests at all times. NO FOOD OR ALCOHOLIC BEVERAGES ARE ALLOWED WITHIN THE POOL AREA.
No electrical extension cords are allowed within the pool area. No flotation devices except "water wings", "noodles", or " baby seats"
No diving or jumping in pool Loud music of any kind is prohibited. (continued on following page) POOL RULES CONTINUED No pets, bicycles, tricycles or other riding toys permitted in the pool area.
There is no lifeguard on duty at any time. You swim at your own risk. It is prudent to never swim alone.
Upon entering the pool area there will be a sign in sheet for you to sign.
It is the responsibility of all residents to report pool violations to Management or to Board Members.
There are two picnic tables located outside the fence by the pool. Please use tables as there is to be no food or snacks of any kind inside the fence.
There shall be no littering within the pool area (including cigarette butts). There are receptacles available for disposal of any trash.
Violations of any of the pool rules will result in a $100.00 fine assessed to the unit owner after one warning letter has been issued and $100.00 per violation thereafter.
Repeated violations will result in the suspension of pool privileges until all fines, condo fees, and maintenance fees are current.
SELLING UNITS FAIRWAY VILLAS ARE PRIVATELY OWNED CONDOMINIUMS A unit owner intending to make a bona fide sale of his/her unit shall give notice in writing to the Management Company of such intention. When a contract to purchase is signed the owner or realtor must provide the name of the intended purchaser accompanied by an executed copy of the proposed contract to sell. Mortgage company questionnaires or requests for information from Title companies will not be completed until this information has been provided.
When selling the unit, the owner is responsible for providing the new owner a copy of the Declaration, By-Laws, and Rules and Regulations. This is available from the Management company for a fee of $15.00 or they may be found at Greenfairwayvillas.com. Please read under Renting or Leasing units if you are considering a "Contract to Purchase" or "Option to Buy" of a deferred purchase agreement.
SIGNS No "For Sale" signs or "For Lease" signs or other display or advertising shall be maintained or permitted on any part of the Common or Limited Elements of the Condominium properties. The right is reserved to unit owner to place "For Sale" or "For Lease" signs in connection with any unsold or unoccupied unit it may own. In other cases, permission must be first obtained from the Association before any such sign may be displayed. No signs may be placed on common area property without the express written consent of the Board of Trustees – with the following two exceptions: OPEN HOUSE SIGNS—On the day of the Open House, one (1) sign may be placed at the entrance of Mayfair Rd and Royal County Down and one(1) sign may be placed at the unit by a realtor.
ALL OPEN HOUSE SIGNS MUST BE REMOVED IMMEDIATELY AFTER THE OPEN HOUSE IS OVER.
The unit owner may place one(1) "For Sale" or one (1) "For Lease" sign in a window of his/her unit. Each permitted sign may be no larger than two foot by three foot, 2x3 square feet.
RENTING OR LEASING UNITS
Renters of Fairway Villas units will conform to the Association Rules and Regulations on the same basis as unit owner residents. Infractions or continued infractions of the rules, which have not been corrected by the renter or unit owner, will result in a fine being assessed to the unit owner. The Association considers the residents of a unit which is occupied under a "Contract to Purchase Agreement", "Option to Buy" or any other type of deferred purchase agreement to be classified as a rental unit until such time as the deed is transferred to the renter and such transfer is recorded with the Summit County Recorder. Prior to such transfer the unit owner is responsible to the Association for all maintenance fees, assessments, insurance premiums and fines. A unit owner who elects to rent or lease his or her unit under some form of deferred purchase has the responsibility of providing the Management with the application to lease package provided by the Management Company.
Renters will have the same responsibility for the maintenance of their unit as is imposed upon the unit owner resident.
Exterior maintenance will be a matter between the unit owner and the Board of Trustees. The unit owner is responsible for providing the renter/lessee with a copy of the Rules and Regulations.
All units, which are rented, are to be rented as single family units. No multi-family living is permitted in any unit. No unit is to be rented for business purposes.
No lessee may sublease his/her condominium. The unit owner may not rent/lease to more than a family of four (4). Visitors/guests are limited to a one (1) month stay.
LANDSCAPING AND DECORATING UNITS
Except as specifically permitted in the Rules and Regulations stated herein, no unit owner may make any alterations, modifications, additions or other changes to the limited common area or common areas surrounding a unit or to exterior walls of any unit, without the prior approval from the Board of Trustees. This includes: No plastic may be put on the exterior of the unit during cold weather months. Alterations may be removed at the owner’s expense. In the flowerbeds adjacent to ones’ unit, a unit owner may plant flowers, rose bushes, small shrubs and other decorative greenery. Planted items must not be placed where they will be touching the exterior walls of the unit. All bushes and shrubs are to be kept trimmed to a height not to exceed 30 inches in height. Maintenance of planted items is the responsibility of the unit owner and the flowerbeds must be kept weeded and neat. The shrubs will be trimmed by maintenance crew.
Trees are not to be planted in the limited common area. Nothing is to be placed in front of any meter (gas, water, electric) that will in any way obstruct the reading of the meter.
Existing shrubs and flowers planted by the unit owner, which die, may be replaced with the same type and species of plant at the owner’s expense, without the Boards approval. Nothing may be planted in the common area without approval from the Board.
Door and patio decorations and temporary planters which are seasonal in nature, are permitted only during the appropriate season. No trim or decorative painting shall be allowed on any exterior surface without approval from the Board. Nothing may be placed in the common areas (outdoor furniture, swing, children’s toys, etc.)
Note: Limited common areas are from the walls of the unit to the sidewalk.
UNIT OWNERS AND RESIDENTS RESPONSIBILITIES
A unit resident is responsible to the Board of Trustees for his or her actions, the actions of his or her invitees and the actions of persons retained to perform services for them. A unit owner who rents his/her unit is responsible for the actions of the renter(s). Parents or guardians are responsible for the actions of their children. If a child persists in a violation of the rules and regulations, the unit owner may be fined for the violations.
While it is recognized that the unit resident has the right to entertain in her or her residence, he or she shall do so in such a manner that such entertainment shall not invade the privacy of other unit residents, be offensive to them or obstruct the free flow of traffic in the complex. Noise level must be kept to a minimum. For the purpose of this section, a noise disturbance means any unreasonably loud, raucous, disturbing or unnecessary noise; any noise of such character, intensity, or duration as to disturb the peace, quiet and good order of Fairway Villas or which is likely to be detrimental to or cause inconvenience or annoyance to a person of ordinary sensibilities; or any other noise or sound created in such a manner as to disturb the peace and quiet of a neighborhood.
Further information may be found in the City of Green’s Noise Ordinance
TRASH COLLECTION
TRASH CONTAINERS ARE NEVER TO BE PLACED OR STORED ON PATIOS OR LIMITED COMMON AREAS. Covered trash containers are required for storage in the garage. There are to be no more than two trash containers per unit. Trash collection is once per week on Tuesday morning. Trash may be placed at driveway entrances ONLY after dusk on Monday. Holidays: When there is a holiday, trash collection is moved ahead one day. The holidays by the trash company are: New Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas.Hazardous and/or flammable items (paint cans, car batteries, etc.) are not to be placed out for collection as they will not be picked up. If you have a large item to dispose of (hot water tank, furniture, carpet) you must make arrangements for this by calling the Management Company. You will be billed accordingly. If you are in doubt about an item, please call the Management company before placing it out for collection. Only the residents living in the unit, be they owner or lessee, may put trash out for pick up. Owners of leased units may not bring their trash to the leased unit.
TRAFFIC All stop signs must be observed per Ohio State Law. Please make a full stop. The maximum speed limit for vehicles is ten (10) miles per hour. No person shall operate his/her vehicle on condominium property in willful or wanton disregard of the safety of persons or property. There shall be absolutely NO pleasure driving of motorcycles, motorbikes, or two, three and four wheeled cycles and carts within the area. Owners and residents are responsible for the proper control and parking of these vehicles within the rules outlines in these rules and regulations. PETS
RESIDENTS ARE RESPONSIBLE FOR IMMEDIATELY CLEANING UP AND DISPOSING OF ANY FECES OF THEIR PETS. Whoever violates this Code 618.13, City of Green, is guilty of a minor misdemeanor.
Common household pets only. No livestock, reptiles, or fowl shall be maintained in any unit or elsewhere on condominium property. No animals are to be tied outside and pets must be on a leash at all times. Any pet causing a nuisance or unreasonable disturbance shall be permanently removed from the condominium property upon three (3) days notice from the Board of Trustees. Code 618.06 (b) City of Green – first offense a minor misdemeanor and a misdemeanor of the fourth degree for any subsequent offense. Fined accordingly. Cats and other pets not normally put on a leash are not allowed to roam free. The residents must accompany all animals if they are outside. Any damage caused by pets is the owner’s responsibility. Each unit owner shall be allowed to house up to two (2) dogs or two (2) cats, or one (1) dog and one (1) cat at any one time as long as such pets do not exceed the aggregate thirty (30) pounds at maturity. All dogs and cats must be registered with the Management Company and residents must: Agree to abide by all of the rules regarding pets at Fairway Villas. Present proof of current health documentation and shots when required. Sign a "Hold Harmless" agreement. All pets shall be kept within a unit and not be permitted on any portion of the condominium property except when adequately SECURED and RESTRAINED by a fixed leash not to exceed six (6) feet. No pet shall be walked in the flower beds/landscaping around the buildings. No pet shall be allowed to deposit animal waste within twenty (20) feet of any individual entrance.
SATELLITE DISHES A resident will be asked to submit a "notice to install" form. This notice will advise the board of the location of the resident’s intended installation and method of operation to verify compliance with the Association’s rules. This includes a waiver of damage and release provision that the resident must sign relieving the Association from responsibility for the satellite dish and any damage the owner might cause to property the Association is responsible to maintain. If the owner uses an installer, who is not a professional, the Association can require that the installer carry worker’s compensation and liability insurance. It should be noted that upon installation and removal, water damage problems could occur if the satellite dish is not properly sealed. The owners cannot install satellite dishes in any Association common areas without the Association’s prior consent. As such, the Association may continue to prohibit all common area satellite dish installations. When vacating the unit, the owner or leaser must remove the satellite dish.
AIR CONDITIONING UNITS Air conditioning units must be kept in good repair and look presentable. If the unit is rusted it must be painted and kept clean.
MAIL ROOM There is to be NO littering in the mail room. Do not leave "unwanted" mail on the floor or on top of the large mail boxes. A trash receptacle is provided. Any mail received in your box in error should be placed in the white mail box located under the cork bulletin board. No pets are allowed inside the mail room. Do not take your pets into the mail room. The mail room is not to be used as a playroom for children or teens. Any resident may post notices on the cork board. However, all such notices must be signed and dated. They will be removed one week from the posted date. The mail room is a NON-SMOKING area, as per Ohio Code. Please do not take your cigarette, pipe or cigar into the mail room as this causes physical distress to many of our Association members.
THE GLASSED IN AREA OF THE MAIL ROOM IS USED BY THE FAIRWAY VILLAS BOARD OF TRUSTEES TO KEEP RESIDENTS POSTED. THERE YOU MAY FIND: TIMES, DATES AND WHERE MEETINGS ARE HELD MINUTES OF MEETINGS NOTICES OF SPECIAL MEETINGS
BUILDINGS No attachments are permitted on the exterior of the buildings without written authorization from the Board of Trustees. This includes: signs, hooks, shelves, awnings, clotheslines, stoops, plastic window coverings, etc. Doors and windows are the unit owner’s responsibility. Permission to replace doors or windows must be received from and approved by the Board of Trustees. Requests, in writing, along with description of new doors and windows, should be mailed to the Management Company. No major alterations may be made inside the unit without the approval of the Board. If you are in doubt as to making any alterations in your unit, please contact the Management Company. All windows must have blinds, curtains or drapes. Blankets and/or sheets are not considered blinds, curtains or drapes. Air conditioning units and window fans are not to be placed in any of the unit windows. PATIOS AND DECKS Patio and deck maintenance and repair is the responsibility of the unit owner. Failure to maintain the patio or deck may result in the Board of Trustees repairing it at the unit owner’s expense. No objects may be placed or stored upon a patio or deck except those items deemed appropriate and normally associated with patio or deck use. Fences and/or awnings must be approved by the Board and maintained by the unit owner. Seasonal items are to be removed from the patio or decks within two (2) weeks after the holiday or event.
MAINTENANCE FEES AND COLLECTION POLICY The maintenance fee (currently $113.00) is due on the first of every month. Check should be made payable to Fairway Villas Condominium Association and should be mailed to Fairway Villas, 3950 Royal Liverpool, Uniontown, Oh 44685. There is also a slot on the door inside the mailroom to place your envelope with check. If payment is not received prior to the 20th of the month, a late charge of $25.00 will be assessed. A $15.00 service charge will be added each month to any account with a past due balance if NO payment over the monthly fee of $113.00 is received. If the balance due ever exceeds $424.00 (3 months plus late charges) a lien will be placed on the unit. Should the balance due ever exceed $537.00 foreclosure proceedings may be initiated. All legal fees incurred in efforts to collect past due balances will be charged to the unit owner. (filing of lien, costs of foreclosure, attorney fees, etc.) Residents shall be prohibited from using common area recreational facilities (swimming pool, playground, etc.) when the owner has a past due balance. Late fees are assessed according to the date the payment is received (NOT THE DATE ON THE CHECK). Payments not received by the 20th of the month with a postmark later than the 19th of the month are subject to late fees. There will be a $35.00 late fee assessed for any check returned unpaid from the bank. Owners are required to pay the full maintenance fee regardless of whether they live in the unit or whether or not the unit is occupied or vacant.
FINES AND APPEALS Any violations of these Rules and Regulations will result in one (1) warning letter being sent to the owner. If the owner does not respond within one month a $100.00 fine will be issued. Subsequent violations will increase to $100.00 per month thereafter. All warning letters are sent to the unit owner and all fines are assessed to the unit owner. If you are the owner of a rental unit it is your responsibility to see that your tenant abides by all rules of the Association. Upon receipt of notification of a fine, the unit owner should make immediate payment to the Association in order to maintain access to all recreational facilities. Privileges will be suspended if the fine has not been paid within 30 days of the notification. Fines are subject to all rules stated in the Collection Policy if not paid. If a unit owner wishes to dispute or make an appeal to any decision or fine issued by the Board of Trustees, it must be in writing and mailed via U.S. Mail to the Management Company. Unit owners are prohibited from harassing Board members for action the Board has taken.
In order for a community association to operate smoothly, it is important for the owners to understand the basic concept of how the community association is governed. There are many forms of governance that are NOT applicable to a community association. The association is NOT entitled to vote on everything. It is NOT a social organization where people sit around and make casual decisions. It is NOT a civic organization or a union. A community organization IS a business. The board runs the day-to-day affairs of the association. It has been elected to make decisions and act in the way it believes to be in the best interest of the entire association.
"Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or in cooperation with others. The benefit of condominium living and ownership demand no less." Court Case- Sterling Village vs Breitenbach
The Board of Directors, October 20, 2009
Excerpt from UNDERSTANDING THE GOVERNMENT OF A COMMUNITY ASSOCIATION. Kaman & Cusimano |
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