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King's Court Rules & Regs
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KINGS COURT CONDOMINIUM
RULES AND REGULATIONS
The condominium Declarations and By-Laws are the governing documents for the condominium association. Provisions within those documents provide for the adoption of rules pertaining to usage of the condominium. The rules can be modified at any time by the Board of Directors. The rules, cannot supersede the provisions of the Declarations and By-Laws.
The identified rules, as set forth within this document, supersede all previous rules at the condominium community.
The rules are comprised of two categories. Category I identifies rules which, when violated, will result in a WARNING LETTER for the first offense and the imposition of fines for subsequent offenses. Category II identifies rules, which when violated, will result in a fine for the first offense and all subsequent offenses. FIRST violation (Category I only): WARNING notification letter. FIRST violation Category II and subsequent violations Category I: fine assessment for each infraction * No fine will be assessed without a validation of the precise time and nature of the offense, in writing, from an identified individual. Notifications from anonymous sources will not be accepted. * Assessment of a fine requires the approval vote of at least three (3) members of the Board of Directors.
APPEAL PROCESS:
* Due process will be afforded to any person receiving a fine for a violation of the Rules. Any person assessed a fine will be granted, upon request, a hearing at a Board of Directors meeting as soon as can be reasonably scheduled. * Consideration will be given to the appeal by the Board of Directors who will render a decision pertaining to retention of the assessed fine or rescinding of the assessed fine. This decision will be binding.
* The time limit for a person to request an appeal will be 60 days from the date the fine is assessed.
CATEGORY I RULES: 1. NOISE: Excessive noise, within the condominium, disturbing residents of adjacent units, is not acceptable. Violation: $50.00. 2. PETS: Dogs must be registered at the Salem Town Hall. Residents who own dogs are required to also identify, to the property manager, all dogs who reside within the condominium complex. Dogs are required to be leashed at all times while in the condominium association common areas. Pets are not allowed to relieve themselves in any area within the condominium grounds and must be taken to areas beyond the perimeter fences. Violation $50.00. ADDITIONAL: Pet owners will be responsible for any personal injuries or property damages caused by their pets. Any animal who cannot be controlled by an owner to such an extent that the animal is deemed a nuisance will be banned from the property. 3. SMOKING: Smoking is not allowed within the common areas of the building interiors. Violation: $50.00. 4. GARBAGE DISPOSAL / LITTERING: Littering on the property grounds is not acceptable. Furniture articles, mattresses, carpeting, appliances, automotive equipment, and debris from construction activities are not to be disposed in the garbage compactor. Violation: $50.00. (Unit residents can obtain permit stickers at the Salem Town Hall for disposal permission at the town dump. The current annual permit fee is $10.00.) 5. PATIO AND BALCONY MAINTENANCE: Patios and balconies are required to be clear of debris and maintained in a neat and orderly condition. Snow must be removed from decks after snowfall accumulations. Violation: $50.00. 6. CLOTHES LINES: Clothes lines are not permitted on windows, patios, or balconies. Violation: $50.00. 7. CHARCOAL GRILLS: Charcoal or gas grills are not permitted on unit decks or within ten feet of the building exterior at ground level. Violation: $50.00. 8. PARKING: Parking is limited to two vehicles per condominium unit. Parked vehicles must be kept within the designated parking locations. Handicap spaces are provided for the exclusive use of vehicles displaying handicap identification. Commercial vehicles, campers, boats, trailers, motorcycles, and motor bikes are not allowed unless written permission is received from the Board of Directors. Violation: $50.00, and/or tow at owner's expense. 9. SPEED LIMIT: The speed limit for all vehicles is 15 MPH. Violation: $50.00. 10. VEHICLE MAINTENANCE: vehicle washing, repair or maintenance is not permitted on the property grounds. Violation: $50.00. 11. UNIT MAINTENANCE: Each unit occupant is required to maintain their premises so as to not attract insects or pests into the building. Garbage must be disposed promptly for odor control. Violation: $50.00. 12. PLUMBING FIXTURES & APPLIANCES: Plumbing fixtures and appliances are to be maintained by unit owners pursuant to the By-Laws. Violation: $50.00. 13. ADVERTISING: Signs are not permitted on any window, door, or exterior wall without written permission from the Board of Directors. Violation: $50.00. 14. COMMON AREA RESTRICTIONS: The following activities are not permitted in hallways or staircases: excessive noise, sporting activities, bicycling, rollerblading, roller-skating, and skateboarding. Violation: $50.00. 15. SECURITY: Building entry and exit doors are to be closed at all times except for normal usage to enter and exit the property. Violation: $50.00. 16. WASHING MACHINES AND CLOTHES DRYERS: Those appliances are not permitted within the condominium unit interiors. Installation of those appliances result in a modification to the building service systems and usage of those appliances can result in hazardous conditions. Violation: $50.00. EXCEPTION: When operation of those described appliances result in mold conditions, or other property damages, from water discharge or from improper exhaust system ventilation, the appliance owner, and/or unit owner, will be responsible for the incurred costs for remediation of incurred damage to the common areas and the affected units, as well as, for personal injury to individuals. 17. WINDOW AIR CONDITIONERS: Those appliances are not permitted due to appearance issues and also due to the hazardous conditions which exist. Violation: $50.00. 18. STORAGE: Unit residents are not permitted to store property articles in the common area hallways or staircase areas. Entry doors must be clear with the lone exception being a door mat in front of the entry door. Violation: $50.00. 19. TENANCY CHANGES: It is required that the property management be promptly notified of the names of new tenants. Violation: $50.00. 20. INCREASED FINES: The identified fine assessments are for the first imposed fine. The second imposed fine will be $100.00. The third imposed fine will be $150.00. The fourth imposed fine will be $200.00. Further offenses will result in imposed fines of $250.00 for each additional incident.
CATEGORY II RULES:
1. UNIT ACCESS: Access to units must be allowed by residents who receive a reasonable advance notification of required access for insect and pest control, safety inspections, property repairs, or property maintenance. Violation: $100.00. 2. SATELLITE DISHES: Installation of satellite dishes on the community property requires written approval from the Board of Directors. VIOLATION: $100.00.
3. STRUCTURAL CHANGES: Property structural changes require a written approval from the Board of Directors. VIOLATION: $500.00.
4. FLOOR COVERING REPLACEMENTS: Due to the age of the building structure, squeaks have developed in sections of rough flooring underneath finished flooring throughout the condominium complex. As such, attempts to alleviate those conditions will be accomplished by screw nailing that loosened flooring into the floor joists at the time floor coverings within the units are replaced. The condominium management company will provide a repair contractor and the repair costs will be borne by the condominium association. It is the responsibility of the unit owner to provide sufficient notice to the property manager prior to the replacement of any floor coverings within a condominium unit so that the remediation activities can be scheduled prior to the installation of the new flooring. Failure to meet these requirements will result in a fine assessment. VIOLATION: $1,000.00. (The imposed fine will be rescinded if the unit owner corrects the problem within 60 days of the fine notification letter.) Unit owners will be responsible for the costs associated with the removal and disposal of the old finished flooring as well as the new installed finished floor. COLLECTION POLICY
Condominium fees are due and payable on the first day of each month. Late charges are applied if payments are not received by the fifteenth day of the month. Fine assessments, legal fees and repair costs are payable upon notification. Balances in excess of three months condominium fees will result in a lien against the property.
ADOPTED BY THE KINGS COURT CONDOMINIUMS BOARD OF DIRECTORS
EFFECTIVE, NOVEMBER 1, 2008
This handbook was prepared for the King's Court Condominium for the benefit of all residents in the Condominium, whether unit owner or lessee (renter). The expressed purpose of this material is to acquaint you with the condominium concept, the role of management, and the various facilities and procedures that affect your condominium lifestyle. As condominiums are essentially legal creations, you are should become familiar with the Declaration of Condominium, and By-laws of the King's Court Condominium. To assist you in understanding these documents, we have briefly summarized certain elements of this handbook. From time to time, various procedures may be changed or amended. You will be informed of any such changes expeditiously, and are urged to keep this handbook updated accordingly. Upon the sale or lease of a unit, you should provide the new owner/lessee with a copy of this handbook. The policies and rules and regulations in this handbook were designed to promote harmonious living in the 144 condominiums at Kings Court. Most of what you will find on the following pages is just common sense. This handbook is intended to present guidelines for neighborly conduct, familiarize residents with the rules, regulations, and laws related to condominiums, ensure that the value of the property is maintained, and assist unit owners in making informed decisions concerning their property. Within the Declaration of Condominium, the Directors have the authority and responsibility to establish rules and regulations. All residents should read this Handbook carefully. This Handbook is a legal document and all residents (whether owners or tenants) are bound by the amended rules and regulations included therein. If your unit is rented, please share this Handbook with your tenant(s). Additional copies are available upon request. The Directors believe these policies will enhance the environment for everyone living at Kings Court. Participation by unit owners in the affairs of the Association is always welcomed and encouraged by the Board of Directors. Please note that, except for the history of the property and the explanation of its governance, all subjects are arranged in alphabetical order for your convenience and easy reference. Board of Directors Kings Court Condominium Association Salem Police (603) 893-1911 Emergency only 911 Salem Fire 911 Ambulance 911 Poison (800) 562-8236 State Police (800) 852-3411 Sutton Management Company, Incorporated 200 Sutton Street PO Box 773 North Andover, MA 01845 (978) 689-9994 / (978) 685-8593 FAX Monday-Friday - 8:30 AM to 5:00 PM
All communications with the Board of Directors should be in writing and sent to: Kings Court Condominium Association Board of Directors PO Box 1962 Salem, NH 03079-1962 Current Board of Directors: Laurie Carmichael Ed Michalosky Camille Saade Rick Mills
King's Court consists of 144 condominiums (6 studios, 66 one bedroom and 72 two bedroom units), located on Tiffany Road, Salem, New Hampshire. King's Court consists of 6 buildings and associated parking and recreation facilities, (a pool and tennis court area), located on approximately 6 acres of land to the north of Cluff Crossing Road. Access to the site is from Tiffany Road, a private way that runs through the middle of the site. The site is bordered to the north, west and south by residential properties and condominium apartments and to the east by the Boston and Maine Railroad. Just beyond the railroad tracks is South Broadway (Route 28), which is an ever growing commercial district. Buying a condominium at Kings Court involves an investment in two types of property: the "private" property of the living unit, and the "public" property of the condominium as a whole. The purchase grants full ownership of the living unit and partial ownership of the "public," or "common areas". The percentage interest of any one unit in the common areas is stated in the Declaration of Condominium. Each unit pays a monthly common fee proportionate to its interest toward the maintenance and improvement of the common areas. Roughly described, the property held by each unit is within the inside surface of the structure and the interior surface of doors and window glass. The common area is everything else. This includes the structures, the exteriors, the landscaping and grounds, parking lots, dumpster areas, mailboxes, tennis court and pool. Basically, the owner of a condominium unit is treated as the owner of a single family house. Instead of owning a house and land, however, the condominium unit owner owns his percentage interest in the common areas. Like the owner of a house, the condominium owner may mortgage his unit or not, and in such amount as he chooses. Likewise, the condominium owner's unit will be assessed and taxed separately by the Town. Moreover, the condominium owner is responsible only for his mortgage and real estate tax payments, and he bears no responsibility for the mortgage or tax liability of his neighbors. There are certain expenses for the overall operation of any condominium for such things as maintenance of the common areas, snow and refuse removal, insurance, electricity, etc. These expenses are "common fees," and are shared by unit owners on the same percentage interest basis as their ownership in the common areas. Such common expenses are paid directly to the KING'S COURT CONDOMINIUM ASSOCIATION on a monthly basis. Thus, together with the rights that one assumes upon purchasing a condominium unit, condominium owners also assume certain obligations, such as condominium fees or common area charges. To ensure the orderly management of the common areas, timely payment of common area charges is essential. The property comprising the condominium was submitted to the provisions of the New Hampshire Condominium Revised Statute, Chapter 356B. Chapter 356B provides that certain legal documentation be established in order to qualify as a "condominium": Declaration of Condominium: The Declaration of Condominium establishes the entity by which the unit owners are legally interrelated. King's Court Condominium Association is composed of the unit owners, each of whom are beneficiaries of "The Association." The Declaration of Condominium outlines the manner in which the condominium is to be held; establishes the methods by which Directors of the Association are appointed and/or elected, together with an outline of the various functions, duties, responsibilities and liabilities of the Directors; the basis for allocation of percentage ownership interest; automatic association membership and the basis for allocation of voting rights; the obligation of each owner to share in funding the cost of association operations; and the power, authority, and responsibility of the association in its operations and in making and enforcing rules. Unit Deed: The Unit Deed is the basic instrument by which a unit in the condominium is conveyed to a purchaser. It must contain all the normal elements of a real estate deed. Further, it outlines a description of the land, designation of the unit, restrictions of use, and interest of the unit in the common areas. By-Laws: The By-Laws set forth the day-to-day operating rules and regulations under which the condominium will be run. The boundaries of the units (demarcating the areas for which the unit owner is responsible) are set forth in Section 2.d.iii of the Declaration of Condominium, which is outlined below. Each Unit consists of the space within the following boundaries: Upper Boundary: The unfinished interior surface of the ceilings. Lower Boundary: The unfinished interior surface of the concrete floor for those units with a basement and the unfinished interior surface of the floor for upper level units. Vertical Boundaries: The perimeter (vertical) boundaries of each Unit shall be the interior surface of all walls bounding the unit extended to intersections with each other and with the upper and lower boundaries, together with the interior unfinished surfaces of the window frames, doors and glass. Each Unit includes the portion of the building, within the above boundaries and the space enclosed by the boundaries, except any Common Area that may be located within. The finished interior of the floors, perimeter walls and ceilings of a Unit consisting of all paint, paneling, wallpaper, rough flooring, finished flooring, carpeting, tiles, and any other materials constituting any part of the finishing materials and finished surfaces are a part of each Unit. The Owner of a Unit owns the interior walls and interior partitions that are contained in his Unit, and window and door glass, the entrance doors and windows frames to the unfinished exterior surfaces, and the existing built-in air conditioning units. The Owner of a Unit does not own any pipes, wires, cables, chutes, flues, conduits, utility lines, ventilation or other ducts, bearing walls, bearing columns, or structural portions of the building running through that unit which are utilized for or serve more than one Unit or serve any portion of the Common Area, or Limited Common Area and such items are a part of the Common Area. A Unit does not include any porch or balcony that shall be Limited Common Area. As a condominium owner, just like the purchaser of a single family residence, you have purchased your unit together with the items contained within your unit, Individual unit owners are responsible for the maintenance and repairs of items contained within the unit. This includes the repair of most plumbing fixtures, air conditioners, refrigerators, stoves and dishwashers. It also includes the repair of settling cracks, loose or buckling walls, and noisy floors not otherwise covered by the Developer's warranty. To be sure, condominium ownership is a unique form of real property ownership. A delicate balance exists between the autonomy of one's private residence, and the interrelationship of many other unit owners with diverse backgrounds and fields of interest. Of course, the condominium concept is not infallible. However, when approached with an attitude of common sense and courtesy for other residents, it can be a very enjoyable way of life. The role of Directors within the condominium concept is extremely important for the effective and efficient operation of the condominium. Directors are democratically elected to act on behalf of the unit owners as described in the Declaration of Condominium. Having been elected by the unit owners, the Directors are vested with a considerable degree of authority as outlined in the Declaration of Condominium. Further, the Directors are charged with a "fiduciary" obligation towards the unit owners whereby the Directors are required to act in the best interests of the condominium as a whole. Sometimes fulfilling this obligation means the interests of one or a group of unit owners must be sacrificed for the benefit of the greater number of unit owners. While the responsibilities of Board of Directors is extensive, certain restrictions of authority are set forth in the Declaration of Condominium as well as in current New Hampshire law. The Directors meet regularly to discuss and decide upon the affairs of the Condominium. Agenda items include setting condominium goals, reviewing contracts and other budgetary items, acting upon unit owner suggestions and requests, working with the management company, and enforcing Condominium rules and regulations. Unit owners should become familiar with the description of the role of Directors as outlined in the Declaration of Condominium. In making decisions or determining policies, the Directors must base these decisions on their best judgment as to the best interests of the condominium as a whole. Often unit owners may find it difficult to understand that such decisions are not always the most popular. The election of Directors should not be taken lightly, as the Directors are your elected representatives, empowered to make decisions and determine policies with respect to the operation of the condominium. Similarly, the removal of a Director is something that should be approached only after serious thought and in highly unusual circumstances. The election and removal procedures are described in the Declaration of Condominium. All communications to the Board of Directors should be directed to: Kings Court Condominium Association Board of Directors PO Box 1962 Salem, New Hampshire 03079-1962 A discussion of management is essential to understand its function in the overall operation of the condominium. It is quite common for medium and large size condominium communities to retain the services of a property management company to administer and "manage" the day to day affairs of the condominium. The Board of Directors, acting on behalf of the unit owners, have entered into a contract with a professional property management company to assist them in administering the condominium. The condominium form of ownership, in itself, defines the role of management. The role of management in the condominium concept is limited to management of the common areas. Unlike apartment living, management is not responsible for those items contained within the units to the extent that those items do not affect the operations of the common elements. Maintenance of and repairs to items contained within the units is the responsibility of the unit owners. This distinction is critical in order to avoid confusion. Management cannot act unilaterally or arbitrarily and, instead, acts under the direction of the Directors. The fee for management is paid from the condominium fees paid by unit owners. Management's responsibilities include, but are not limited to: · Budgetary recommendations; · Collection and accounting of common area charges; · Accounting of common area expenditures; · Maintenance and repairs of common areas; · Hiring and supervision of all employees and contractors required to maintain, administer and repair the common areas; · Maintenance of adequate levels of insurance for the common elements; · Advise in the area of rules & regulations. The Directors have engaged Sutton Management Company, Incorporated, ("Sutton Management") to manage the day-to-day activities of the property. Common area maintenance problems and other matters concerning daily operation should be brought to the attention of the management company. Communication to the management company should be directed as follows: Mr. Richard E. Stern, President Sutton Management Company, Inc. PO Box 773 OR 200 Sutton Street North Andover, MA 01845 Mr. Stern can be reached by telephone at (978) 689-9994 Monday through Friday from 8:30 AM to 5:00 PM. For an emergency, a 24-hour service is available by calling (978) 689-9994. For routine common area maintenance work requests, contact the management company. Simply state your request, indicating your name, unit number and a phone number where you may be reached for information and the request will be reviewed by the maintenance supervisor and the management company. Work is scheduled according to priority. On-site personnel are the employees of the management company and as such are directly answerable to the management company which is answerable to the Board of Directors. If unit owners or residents are not satisfied with the management company's response to their problem, they should put their complaint in writing and send it to the Board of Directors. CURRENT POLICIES, DEFINITIONS, RULES & REGULATIONS Upon reasonable request, all unit owners must provide access to their unit(s) by the management company in the event of a common area repair. No notice need be given to the unit owners in the case of an emergency that could possibly cause damage to other units or threaten the well-being of other residents.
AMENDMENTS OF RULES AND REGULATIONS Any consent or approval given by the Directors under these Rules and Regulations may be added to, amended, or repealed at any time by the Directors. These Rules and Regulations may be amended from time to time as provided in the Declaration of Condominium. Copies of the Rules will be furnished by the management company to each Owner prior to the time when any changes go into effect. The annual operating budget is established by the Directors with the assistance of the management company. The budget is the basis for the monthly common fee, and is composed of anticipated operating expenses and capital reserve funding. The annual budget for each year will be mailed to unit owners prior to the start of the budget. An annual meeting of all unit owners is held each year in March-April. The meeting is for reviewing the operation of the condominium for the preceding year, the Annual Budget for the new year, election of directors, and to present other plans or objectives for the upcoming year. Special meetings are called from time to time, with public notice of these meetings being given at least 21 days in advance through the mail. Unit owners must be in good standing in order to attend and vote at these meetings. All appliances in the units (e.g. stoves, refrigerators, air conditioners, garbage disposals) are the property of the individual unit owners, and the Association is not responsible for their upkeep or repair. Any damage to common area property caused by an appliance, its use or installation, shall be the responsibility of the owner. In the event of emergency (e.g. severe leak), the management company should be notified immediately. Cable Television is provided through Continental Cablevision. Most units have been prewired with cable jacks placed in the living room area. For service, Comcast can be contacted at the following address: Comcast
Customer Service: 1-866-886-6838. Capital reserves represent those funds set aside for the future replacement of specific common area elements (e.g. roofs, brick facing, decks, walkways, water heaters, furnaces, parking lots, etc.). Maintenance of adequate capital reserves should help eliminate the need for "special" unit owner assessments. The annual reserve funding for each common element incorporated into the annual budget is arrived at by the following formula: (Estimated Replacement Cost-Accumulated Reserves) =Annual Reserve Funding Estimated Remaining Useful Life Committees are formed as needed to address specific topics, perform research, and assist and advise the Directors. All interested unit owners are invited to become members of committees for specific projects or concerns. Committees will meet on their own schedule and report when necessary to the Directors during Board meetings. Common areas are detailed in the Declaration of Condominium. They include walkways, landscaping and grounds, parking lots, exterior walls, roofs, window frames, mailboxes, dumpster areas, tennis court and pool. Decks and balconies are limited common areas and are subject to this section. Common areas may not be altered (except as defined under LANDSCAPING) without the written consent of the Directors. No personal property may be stored in the common areas. The Directors may at their discretion arrange for the removal of such items from the common areas at the unit owner's expense. Other than customary and usual patio and deck furnishings, decks may not be used for storage of personal property or grills. Under no circumstances can personal property be stored underneath the decks. No activity shall be done or maintained in any Unit or upon any Common Area that will increase the rate of insurance on any unit or the Common Area or result in the cancellation of insurance, unless such activity is first approved in writing by the Board of Directors. No waste shall be committed in the Common Area. In the use of the Units and the Common Area of the Condominium, Owners shall obey and abide by all valid laws, ordinances and zoning and other governmental regulations affecting the same and all applicable Rules adopted by the Board. The Directors may charge to any resident any damage to the mechanical, electrical or other building service system and damage to the common grounds or areas of the Condominium caused by such resident's misuse or abuse. This rule applies to any misuse caused by any resident's agent, servant, employee or guest. A type of ownership where the purchaser obtains exclusive ownership interest to the unit and a shared ownership interest in all property other than the units, i.e. the common areas. A monthly maintenance (Condominium) fee is paid by each unit owner to the KING'S COURT CONDOMINIUM ASSOCIATION and is mailed to: King's Court Condominium Association c/o Sutton Management Co., Inc. PO Box 773 North Andover, MA 01845 Your common fee is deposited into a checking account that is used to cover the operating expenses and capital reserve funding requirements of the Association. Monies pay for services such as building and ground maintenance, trash removal, snow clearing, common area gas, oil heat, water, and electricity supply, and repairs. Payment of the common fee is a legal responsibility. As outlined in the Declaration of Condominium, the monthly common fee is due the first day of each month. A late fee of $15 per month is assessed if a unit owner's common fee is not postmarked by the 15th day of the month for each month that an amount remains outstanding. Failure to pay common fees will result in acceleration of common fees due, collection costs, filing of liens on your unit, and/or foreclosure proceedings. If the resident is in default on payment to the Association (this includes monthly fee, late fees, assessments, and fines) for a period of more than thirty (30) days, the Directors may accelerate any remaining installments of the assessment for the fiscal year or take legal action to collect funds owed. Prior to taking action, the Directors shall give notice to the unit owner. If the delinquent payment has not been paid, the unpaid balance shall become due and payable upon the date stated in the notice, shall be at least five (5) days after the delivery of the notice to the unit owner or at least ten (10) days after the mailing of such notice to the unit owner by registered or certified mail, whichever shall first occur. Unit Owners are liable for all costs and expenses incurred by the Association, including reasonable attorney's fees, in connection with the collection of common fees. The amount of the monthly fee is determined as follows: Annual Budget X Ownership Interest = Monthly Common Fee / 12 Months Ownership Interest is 0.7432 for a 2 bedroom unit (72 units); 0.6578 for a 1 bedroom unit (66 units); and 0.5578 for a studio unit (6 units). COOPERATION WITH THE DIRECTORS All residents are required to cooperate with the Directors in regard to their reasonable requests that are intended to assist in the administration of the Condominium. This rule includes, but is not limited to, the supplying of reasonable personal information that the Directors deem is needed to administer the Condominium. Decks and balconies are Limited Common Areas. Repairs are a common area expense. The decks are for use by the residents of the connecting unit. However, since the decks are common area they may not be altered or defaced and must comply with the Board's accepted aesthetic practices. No clothing, laundry, rugs or wash shall be hung from or spread upon any window or exterior portion of a Unit or in or upon any Common Area. Residents shall not use decks, stoops or balconies for the storage of personal property (except customary patio or deck furnishings) or in any other way which in the opinion of the Directors detracts from the appearance of the Condominium. Grills (propane, electric, charcoal) may not be stored or used on the decks per order of the Salem Fire Department. Excessive smoke that annoys neighbors is prohibited. Implements, in specific detail, the provision of the Declaration of Condominium regarding the Association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule making procedures, and the enforcement process. The dumpsters are for the residents of Kings Court with the following restrictions: a) Garbage and rubbish must be wrapped and put into, not onto or around, the dumpsters. Areas in front of the dumpsters should not be obstructed at any time. b) All cardboard boxes, cartons and the like must be broken down and flattened before being placed in the dumpsters. c) No furniture, bedding, appliances, or large household items shall be placed in or around the dumpsters at any time. Disposal of such items is the responsibility of the resident. Dump stickers are available at the Town Municipal Office Building. No garbage or rubbish from a resident's commercial venture may be placed in or around the dumpsters. Only normal household garbage and rubbish is permitted to be placed in the dumpsters. d) Residents should consult the Town of Salem or contact a private rubbish removal contractor for removal of those items that are prohibited from being placed in the dumpster area. e) Violation of the aforementioned rules will result in the removal of the items at the resident's expense and the imposition of a fine. EXTERIOR DECORATIONS, LIGHTS, FIXTURES AND SIGNS No modifications may be made to the architectural and structural elements of the buildings or the exterior of the units without prior Director approval. Residents shall not place or replace or change any decoration, light, fixture, or sign on the exterior of their unit, including exterior doors, windows, decks and balconies. This rule prohibits the drilling of holes and the use of nails to hang exterior fixtures. The Directors will, at their discretion, allow the seasonal use of exterior decorations on a temporary basis. This rule does not prohibit you from installing dead-bolt locks or similar locks. You are encouraged to bring specific security concerns, including concerns relative to lighting, to the attention of the Directors. Financial statements of Kings Court are distributed to unit owners at the annual meeting. The heating systems (boilers and radiators) are maintained by the Association and may not be adjusted, bled or otherwise tampered with by residents or Unit Owners. Such action may cause air to enter the system resulting in reduction or total loss of heating capability, or loss of water pressure resulting in damage to the boilers and circulating pumps. Heating problems should be reported to the Management company immediately. Insurance coverage for the common areas is purchased by the Directors with funds generated from common fees. The association is insured through Brown and Brown. Certificates of insurance can be obtained by contacting Brown and Brown at (603) 424-9901. Coverage of the contents of each individual unit is the responsibility of each unit owner. Renters may wish to take out renter insurance to protect their possessions. Make sure that your individual unit policy and the common area policy are well matched so that there are no substantial gaps or overlaps between the two policies. No resident shall use his or her unit in such a fashion as to result in the cancellation of insurance or an increase in the cost of insurance for the Condominium. This rule includes, but is not limited to, the storage of combustible and/or hazardous materials such as gasoline, ethyl alcohol, propane, gun powder, explosives, creosote, and all other materials considered combustible and/or hazardous by the Fire Department or other government agency. (This rule exempts propane tanks for outside grills provided the propane is stored outside and not within 10 feet of the buildings) First floor residents may plant flowers in the area immediately in front of their unit windows. This rule is subject to the following conditions: a) Only flowers may be planted; b) No flowers are to be planted outside the mulch beds; c) No rose bushes, trees or shrubs are allowed. All flowers planted shall be removed at the end of the growing season, or earlier, if the flowers have died. Maintenance of flowers is the responsibility of the resident. Residents also may plant flowers in containers for use on steps and patios subject to the same rules applicable to mulch bed plantings. All other landscaping is not to be altered without the written consent of the Directors. This includes the planting of gardens or shrubbery as well as the removal or pruning of existing trees, shrubs or lawn areas. The Directors reserve the exclusive right to determine whether a particular planting, including the container planting, is of good taste and keeping with the character of the Condominium. Unsatisfactory plantings shall be removed. No resident shall hang laundry, rugs, drapes, and the like from any unit or any appurtenance of a unit. In order to prevent potential vandalism, damage and theft, the laundry rooms are should be kept closed and locked at all times. The Directors meet approximately every month. The meeting is for discussion among the Directors and the management company. Upon request, unit owners can obtain copies of the minutes of any Board meeting. There also are periodic open forum meetings held by a Board subcommittee. These meetings are open to all Unit Owners and are announced in the Unit Owner newsletter. Contact the Board or Management Company for dates of these meetings. NEW HAMPSHIRE REVISED STATUES ANNOTATED, CHAPTER 356-B The law governing condominiums in the State of New Hampshire. Copies of the statute are available at your local library. The volume of television sets, radios, phonographs, musical instruments, voices and the like should always be kept at a level that will not annoy the occupants of neighboring units. From 10:00 PM to 8:00 AM, the volume should be kept to a minimum. Owners of pets are responsible for keeping their pets quiet. No noxious or offensive activity shall be carried on in any unit, or in the common areas and facilities, nor shall anything be done, either willfully or negligently, which may be or become an annoyance or nuisance to other residents or occupants. No resident shall make or permit any disturbing noise by himself or herself or his or her family, servants, employees, agents, visitors and licensees and pets, nor permit anything by such persons or pets that will interfere with the rights, comforts or conveniences of the other residents. The Directors and the Management company will attempt to keep Owners and residents informed of pertinent information and events. This is accomplished by certified mail (i.e. Unit Owner meetings); regular mail (i.e. monthly Management newsletter); notices on unit doors and/or bulletin boards (i.e. water shutoffs and pool opening and closing). These notices are official Association business communication and posted notices may not be removed without the permission of the Directors or the Management Company. The following restrictions and regulations shall apply to the use and occupancy of parking spaces of the Condominium: a) Residents must register all vehicles with the Management Company. b) The parking spaces may be used only for parking of private non-commercial vehicles. No heavy trucks, campers, boats, trailers, unregistered or disabled vehicles may be parked unless written approval of the Directors is obtained. c) Storing of vehicles having no registration, expired registration, or lack of proper safety inspection is not permitted. d) Repairs to vehicles shall be completed quickly and not left unfinished as to become a safety hazard (i.e. cars left on jackstands). e) The parking spaces that are part of the common areas of the Condominium shall be shared by all residents on an unreserved basis. No vehicle shall be parked so as to block access to other Parking area or access any roadway by emergency vehicles. f) No vehicle is permitted to block designated fire lanes, walkways, or main roadway (which is a Fire Lane). g) The Association and the Management company bear no responsibility for vandalism or damage to any vehicle. h) Residents wishing to report a violation of the parking regulations shall notify the management company of the violation in writing. Thereafter, the management company shall issue a written warning to the owner/user of the offending vehicle. i) In instances where vehicles using the parking areas and facilities of the Condominium do not comply with the foregoing provisions, the Directors are authorized to allow the towing of the non-complying vehicles at the expense of the owners of such vehicles. Prior written notice of a violation is not required to tow vehicles that have parked in designated No Parking areas such as Fire Lanes and walkways. j) Common area parking is available to Unit Owners in good standing. a) Only common household pets are permitted (For example, dogs, cats, fish, hamsters, etc.) Wild animals, insects, reptiles, birds of prey and poultry are not permitted. Pets may not be bred or kept for commercial purposes. b) Tenants will require unit owner's approval before keeping a pet in a unit. c) All dogs must be licensed by the Town of Salem and be up to date with their shots (if applicable). d) Pet owners are responsible for any actions of their pets as well as pets of their guests. e) Residents will be responsible for any costs incurred by the Association due to damage or insect infestation caused by their pets or pets of guests. f) Residents must use pooper scoopers or other means to clean up after their pets. The fine for this offense is $10 per incident (no written warning required). g) Residents shall prevent their pets from becoming nuisances to other residents, including but not limited to, odor, noise, and nuisance. h) Pets may not be confined to common areas by chains, anchors, ropes or the like. i) Any pet deemed vicious or a hazard to other residents by the Board of Directors shall be subject to permanent removal from the property. j) Any resident who witnesses a violation of the aforementioned rules must send a written notification (complaint) to the Management office detailing the offense. The complaint must be signed by the resident filing the complaint, but all names will be held confidential. k) Upon receipt of a signed complaint, the management office representative will immediately send a written notice of the violation to the pet owner. Pet owners are entitled to review all written notices regarding their pet. The name of the complainant will not be disclosed. l) Any pet owner who violates these rules and regulations will be subject to the following: (All fines are payable to KING'S COURT CONDOMINIUM ASSOCIATION. All offenses are cumulative over a twelve-month period only.) 1st offense written warning 2nd offense of same nature $25 fine 3rd offense of same nature $50 fine 4th offense of same nature $100 fine and subject to permanent removal of pet at the discretion of the Board of Directors. 5th offense and beyond $100 fine raised $25 per additional violation to a maximum of $200 and subject to permanent removal of pet at the discretion of the Board of Directors. m) The Association and the Management company bear no responsibility for actions of residential pets. n) Unit owners who lease or rent their unit are liable for any violations of the pet rules and regulations by their tenants. o) Dogs must be leashed while in the common areas (outside of unit & deck). The pool is open from mid June to Labor Day weekend and the pool hours are 10 AM to 8 PM. Pool keys will be issued shortly before its opening. a) The pool is available to Unit Owners in good standing. b) Only residents and their guests may use the pool. Residents must accompany their guests at all times. c) Non-resident children (friends of children living at King's) must be accompanied by an adult resident while in the pool area. d) Children under 16 years of age must be accompanied by a parent or guardian. e) Alcohol is not permitted in the pool area. f) Glass containers are not allowed into the pool area. g) Only children's floats (not full-sized) are allowed in the pool. h) Children may not run around or into the pool. i) Ashtrays and trash cans are installed round the pool. Please use them. The rules are for your safety and must be strictly observed. Pool privileges may be withdrawn from anyone who repeatedly ignores the rules or causes problems in the pool area. The above pool regulations may be amended from time to time. The rules currently in effect are posted at the pool. The Association assumes the responsibility for plumbing repairs to common connecting pipes and drains, and for clogged drains affecting just one unit in cases where the clogging is clearly due to general use of the drains by all units, and no negligence on the part of the resident is evident. Drainage problems should be handled with a plumber's snake device. Repairs to the pipes and fixtures that directly service a single unit and connect it with common pipes and drains are the responsibility of the unit owner. Unit owners are responsible for keeping their units adequately heated in the winter months to prevent the freezing of water pipes. Upon discovering a plumbing problem, the occupant should contact the management company who will inspect the problem and decide whether it is a local or common area problem. If the problem involves common pipes, the supervisor will fix it himself or call in a professional plumber at the condominium's expense. Riding or parking of any motorized vehicle, including automobiles, on the lawns and walkways of the Condominium is strictly prohibited. Because renovations that involve the alteration of partition walls, wiring, plumbing, ceilings, and floors can affect other units, owners are advised to seek the advice of a qualified, expert before making any such changes, and are required to obtain written Directors' approval for such work. This precaution will protect your interests, and those of your neighbors. You are reminded that the structure of common and exterior walls is common area property. Any proposed renovations to a unit that involve removal or restructuring of common area property must be submitted as a construction document to the Directors for approval. A building permit must be issued for these specific renovations. The management company must be provided with a certificate of insurance from all contractors before work begins. Owners are responsible for any unpaid damage to common areas caused by outside contractors. Plans for any electrical or plumbing system modifications are requested by the Directors. All work must be done by a licensed plumber or electrician. A permit and certificate of insurance must be issued for this work. No modifications can be done which will affect the outside appearance of the buildings, including the roofs and windows. It is the unit owner's responsibility to remove all debris related to their own improvement efforts and renovations from the premises. Debris can not be thrown in the dumpsters. The Association has the legal power to assess a unit owner the cost of trash removal, above and beyond routine trash collection. Unit owners may not display "for sale" or "for rent" signs in windows of their unit, nor any other form of advertising. Make certain that the particulars of a lease are understood and agreed upon by both lessee and lessor, and are within the guidelines of the Condominium Documents. In order to provide a smooth transfer of residency, any unit owner renting his/her unit must adhere to the following procedures: a) All off-site unit owners shall register with the condominium management company the names, addresses and phone numbers of tenants in each unit owned by the unit owner within seven (7) days of commencement of the lease for said units. b) The Directors reserve the right to screen prospective tenants and to require the use of a standard lease. c) Off-site unit owners shall provide their tenants with a copy of this Handbook. d) All off-site unit owners are responsible for the acts of any tenant(s), and shall be liable for violations of any rule or regulation by said tenant(s). e) Off-site unit owners shall protect the rights of unit owners who reside in units adjoining the rental property by enforcement of excessive noise and parking regulations contained in these rules and regulations. Tenants must abide by the rules and regulations of the Association. The Board of Directors may require the unit owner to start eviction proceedings should any tenant consistently violate the regulations or local law. Unit owners may not display "FOR SALE" signs, or any other form of advertising, in the window(s) or door(s) of their unit. In order to provide a smooth transfer of ownership, any unit owner selling his/her unit should adhere to the following procedures: a) Inform the management company, in writing, of the sale, estimated closing date, and Realtor involved. b) Provide the management company with the new owner's name, address, and phone number. c) Provide the new owner with all documents relating to condominium policies and regulations. d) Request a Certificate of No Lien from the management company. You will be required to present this certificate at your Closing. The Certificate states that there are no unpaid common area fees and charges outstanding against your unit (if that is the case). Since a Certificate of No Lien must be signed by the Treasurer or Managing Agent in the presence of a Notary Public, we ask that you provide advance notification (minimum of 10 days) of a pending sale and the expected closing date to the management company. Security should be a top priority of all residents, tenants, and owners. You are urged to consistently use the deadbolt locks to your doors and to secure all windows and entryways. You should report all burned out common area lights and are urged to report suspicious persons to the Police. Please help to watch over each other's property. In order to safeguard your property and that of your neighbors, do not allow the building doors to be propped open or prevented from latching. Do NOT "buzz in" anyone without knowing their identity first. Residents should ask for identification from any worker or repairmen before admittance. Door-to-door solicitation and selling is not permitted by the Board of Directors. Each unit owner is responsible for keeping his individual smoke detectors in working order. The installed detectors are connected to the building's electrical system, so there are no batteries to replace. THE SMOKE DETECTOR SHOULD BE CLEANED OF DUST AND TESTED REGULARLY TO ENSURE IT IS IN WORKING ORDER. No Owner, tenant or guest shall remove or tamper with any fire protection device installed in his Unit or in the Common Area. The removal of snow from the driveways, parking lots, and walkways is performed by a contractor hired by the Association. It is the responsibility of each resident to move their cars in a timely manner in order for the contractor to completely clear the parking lots. If a car significantly impedes the snow removal process, it may be removed at owner's expense. In the event that your parking lot or walkways become icy, please call the management company and they will arrange for prompt sanding. In an effort to ensure safety for all the residents including their children, please drive at a speed no greater than 15 MPH while in Kings Court. No one shall place or cause to be placed in any stairs or stairway, walkway, driveway, parking area or other Common Area, any bicycles, furniture, packages or objects of any kind. These areas shall be used only for normal, transit through them (or, where appropriate, vehicular parking in them). The Board and the Management Company shall remove any personal items that restrict the use of the stairs or hallways per order of the Fire Department. SUGGESTIONS, REQUESTS, COMPLAINTS & COMMENDATIONS Questions, suggestions, comments, or complaints should be communicated to the management company. Complaints or commendations regarding the management company should be sent, in writing, to the Board of Directors. All units at Kings Court are tied into the Town of Salem water and sewer systems. The Association bears the cost of this expense out of their budget. As the costs of both services are increasing at an alarming rate in Salem, the Directors request that you conserve as much water as possible. Violation of any rule or regulation, Declaration of Condominium, By-Laws, or of the owner's unit deed, shall give the Board of Directors or its appointed representative(s) the right to resolve the breach either by law or in equity (or both). In addition, the Board shall have the power to levy fines for such violations. All official notices of violation will be given, in writing, outlining the violation and the judgment of the Board. No fine may be levied for more than Two Hundred Dollars ($200.00) for any one violation (except as to pets). This fine is in addition to the reimbursement of any expenses incurred by the Association in correcting the violation. Collection of fines will be deemed a legal obligation of the unit owner and will be handled in the same manner as the Condominium Fees. In the case of persistent violations by a resident, the Board shall have the power to require such resident to post reasonable bond to secure adherence to said Rule and Regulation, or the Declaration of Condominium, By-Laws or the Unit Deed and in the case of tenants, the Board shall have the power to begin eviction proceedings. Any resident who violates the Rules and Regulations, Declaration of Condominium, By-Laws or the Unit Deed or is responsible for any such violation, shall pay all costs and expenses incurred by the Association, including reasonable attorney's fees, in connection with the resolution of the violation. Payments shall be applied towards attorney's fees, costs, and fines before being applied to the satisfaction of any other obligation. Any resident aggrieved by any fine or penalty imposed by the Board of Directors shall have the right to a hearing before the Board, provided however, that the resident requests a hearing in writing within ten (10) days of notification by the Directors. The hearing shall be held within fourteen (14) days of receipt of the written request for hearing and shall be conducted in closed session, unless the resident requests in writing that the hearing be open to all. The Board of Directors must make available to the resident full evidence and/or witnesses that may comprise the grounds for their initial ruling. The Directors shall have the right to relax or withhold enforcement of any rule or regulation which, in the opinion of the Directors, would impose a hardship on any or all or which under the circumstances, would be unfair or impractical to enforce. |
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