TUSCANY VILLAS OWNERS ASSOCIATION, INC.

Transcription

1 TUSCANY VILLAS OWNERS ASSOCIATION, INC. Statement of Authority and Purpose Rules and Regulations These Rules and Regulations ( Rules ) are hereby adopted by the Board of Directors ( Board ) of the Tuscany Villas Owners Association, Inc. ( Association ) in accordance with the authority granted in the Declaration of Covenants, Conditions and Restrictions ( Covenants ), the Articles of Incorporation, and the Bylaws ( By-Laws ) of the Association. These Rules are adopted pursuant to, and in accordance with, the provisions of the Colorado Common Interest Ownership Act ( CCIOA ), as amended. These rules shall apply to the Tuscany Villas Community ( Tuscany Villas ), as described and defined in the Covenants. These Rules shall replace all Rules previously adopted by the Board. Meaning of Terms As used in these Rules, the following terms shall have the indicated meanings: A. The term Owner shall mean all of the legal owners of a Townhome. B. The term Resident shall mean all persons who are legal residents of a Townhome, including, but not limited to, the Owner(s) and their family members. C. The term Guests shall mean all social invitees of the Owners and/or Residents. D. The term Contractors shall mean all business invitees of the Owners and/or Residents. Board of Directors In order to fully implement and carry out the provisions of the Covenants, the Articles of Incorporation, the By-Laws, and CCIOA, and provide Tuscany Villas Homeowners the optimal benefits and advantages of home ownership within Tuscany Villas, the Board agrees to assume the duties and responsibilities set forth herein. Annually, at its first regular meeting following the annual meeting, the Board shall decide upon the following assignments of duties and responsibilities. A. Elect its officers for the upcoming year. Currently, those officers are President, Vice- President, Treasurer, Secretary, and Member-at-Large. B. Nominate and appoint the members of the Architectural Control Committee ( ACC ) for the upcoming year. The ACC shall elect a Chairperson. C. Nominate and appoint the members of the Nominating Committee for the upcoming year. The Nominating Committee shall elect a Chairperson. Insofar as possible, the

2 Nominating Committee shall endeavor to solicit or recruit candidates for the Board who have resided in Tuscany Villas long enough to be familiar with its history, homeowners, and such matters and issues as regularly come before the Board. D. Designate and authorize one or more Board members to oversee the parking provisions, herein, and in the Covenants. The Board shall advise the Owners of the designated Board Member(s). Parking rules and procedures shall include, but not be limited to, the consideration and issuance of permits, and the monitoring of compliance within the Community. The designated Board member(s) shall have the authority to fully enforce the parking provisions of these Rules and the Covenants, and report violations or other parking related issues to the full Board. E. Designate and authorize one or more Board members to oversee the areas of compliance with the Covenants and these Rules, excluding parking (D., above) and architectural control (B., above). The Board shall advise the Owners of the designated Board member(s). The designated Board member(s) shall have the authority to fully enforce the provisions of these rules indicated hereunder, and report any violations or other issues to the full Board. F. Designate and authorize one or more Board members to provide oversight and guidance with respect to the monitoring of contractors retained to work within and for Tuscany Villas. The Board shall advise the Owners of the designated Board member(s). The Board member(s) shall have the authority to fully effectuate the contractual provisions applicable to said contractors, and to report any problems or other issues to the full Board. The minutes of the meeting at which these designations are made shall specifically advise the Owners of the names of the Board members designated and assigned to the foregoing areas of responsibility, and provide complete and appropriate contact information pertaining to those appointed. If any designated Board member is temporarily or permanently rendered unable, or is unwilling, to perform their duties and responsibilities hereunder, the Board shall designate and appoint a replacement, and advise Owners, accordingly. Association Management In accordance with the provisions of Section 5.6 of the Covenants, the services of a management firm ( Manager ) may be retained by the Association to carry out any duties or responsibilities determined by the Board to be necessary, and in the best interests, and for the prosperity of Tuscany Villas, and its Owners. The Board shall contract with the Manager on an annual basis. The contract shall be complete and detailed in its terms and conditions. The Manager shall have no authority or responsibilities not expressly set forth in the contract, the Covenants, the By-Laws, these Rules, and CCIOA. Leasing of Townhomes

3 Future Owners Anyone becoming the Owner(s) of a townhome in Tuscany Villas following the effective date of these Rules may not lease their townhome. Current Owners Owners of Tuscany Villas townhomes on the effective date of these Rules may lease their townhomes, provided the provisions of these Rules, the Covenants, and CCIOA are strictly adhered to. Any Owner(s) who leases their townhome shall, not less than one week prior to the lease taking effect, provide the Board and the Manager with a copy of the fully executed lease. The sub-leasing of any townhome shall be prohibited. Any lease entered into that is not in full compliance with the provisions of these Rules shall deemed be null and void. In conjunction with providing a copy of the lease, the homeowner shall provide the Board and the Manager with a written statement, fully executed by the Owner and the prospective tenants, containing the following assurances: A. That the Owner(s) and the tenants have read, and understand, the provisions of the Covenants, the By-Laws, and these Rules. B. That the Owner(s) and the tenants, as well as their guests and invitees, will fully and faithfully comply with the provisions of the Covenants, the By-Laws, and these Rules. C. That any failure on the part of the Owners, the tenants, their guests or invitees, as determined by the Board, to comply with the provisions of the Covenants, the By- Laws, or these Rules, may result in the imposition, by the Board, of a penalty assessed against the Owner, in an amount not greater that one month s rent under the lease, for each failure of compliance. Pursuant to, and in accordance with the provisions of Section 7.2 of the Covenants, all leases of Townhomes within Tuscany Villas shall contain the following provisions: A. The initial term of the lease shall be for a period of not less than one year. No vacation, time sharing, subleasing, or interval ownership shall be permitted. B. A provision acknowledging that the Association may require the Owner to evict any tenant, their guests or invitees, who are found by the Board to be in violation of the Covenants, or these Rules.

4 C. The tenants, their guests, and/or their invitees may not grow, produce, purchase, possess, sell, use, or consume, any recreational marijuana, in any form, within Tuscany Villas. D. The tenants, their guests, and/or their invitees may not grow, produce, purchase, or sell any medical marijuana, in any form, within Tuscany Villas. E. Tenants, when acting upon, and pursuant to, a written prescription from a duly licensed physician, may possess, use, or consume medical marijuana, within the leased Townhome. This provision shall extend to the tenants, only, and not to their guests or invitees. F. Nothing contained herein shall preclude the Owner (lessor) from prohibiting the possession, use, or consumption of medical marijuana within or upon the leased premises. Owners and tenants must take due care in moving into and out of Tuscany Villas. Any damage to the common areas, or limited common areas within Tuscany Villas, caused by the Owners, tenants, guests, invitees, or contractors, will be repaired by or under the direction and supervision of the Association at the sole expense of the Owner. Sale of Townhomes In the event that the Owner(s) of a townhome within Tuscany Villas wishes to list the property for sale, they shall provide the listing agent with a full and current copy of the Covenants, the By-Laws, and these Rules. The Owner shall contractually obligate the listing agent to provide copies of these documents to any and all prospective buyers prior to them submitting a written offer to purchase to the owner. If the offer is accepted, the buyers shall provide the Owner with a written acknowledgement that they were provided with the documents prior to purchase. The Owner shall provide the Board with a copy of that acknowledgement. Architectural Control Each Owner shall strictly comply with the requirements, determinations, and decisions of the ACC. The ACC shall be bound by the provisions set forth in the Covenants and these Rules, and the decisions of the Committee. The ACC shall have reasonable discretion in interpreting, enforcing and determining compliance with the architectural control provisions of the Covenants and these Rules. The ACC may determine whether any applicant has met the requirements for architectural review. The ACC may enforce any and all of the conditions, restrictions, and prohibitions set forth herein. A. No buildings, structures, fences, walls, or similar objects may be constructed, placed, or maintained by an Owner, upon any common area or limited common area within Tuscany Villas, without the prior approval of the ACC. No owner shall enclose by means of a wall, gates, screening or otherwise, any common element including any balcony, patio or porch, without prior approval from the ACC.

5 B. No Owner(s) shall change the exterior appearance of their townhome, or its adjoining landscaping. No items, such as screws, hooks, nails, etc., may be attached to or penetrate the exterior stucco without prior permission of the ACC. C. No Owner shall attach new or replacement awnings, screens, screen doors or other items to the exterior of the building, except those specifically authorized by the AC D. No Owner or resident may plant flowers, trees, gardens or shrubbery in any area of common landscaping. Owners or residents may plant such items in pots and placed on driveways, doorsteps, balconies, porches, patios, entryways, stairs or decks, provided they are properly maintained. E. No Owner or resident shall allow bicycles, swimming pools, hot tubs, toys or similar items to be left on balconies, porches, patios, or otherwise on the adjoining landscaping, where they may be visible to neighbors, or to the general public. F. No awnings, blinds, shades, screens or similar items may be attached to any outside surface of any townhome, patio, balcony, window, or door without the prior written consent of the ACC. G. Determinations of the ACC on the approval or denial of an Owner s application for architectural or landscaping changes shall be made in accordance with reasonable procedures established by the ACC, in compliance with the provisions of the Covenants, and these Rules. All determinations of the ACC shall be recorded in the Minutes of the Board meeting, immediately following the ACC s determination. H. No signs, announcements, advertising or unsightly objects of any kind may be exhibited, painted, affixed to or located upon any townhome or the adjoining landscaping, for two small security system signs, conventional real estate signs, or seasonal decorations. Holiday decorations shall be removed not more than 14 days following the Holiday. In the reasonable discretion of the ACC, objectionable or offensive items or materials may be prohibited. I. No Owner or resident may put solar film or similar products on any windows in their townhome, nor solar panels or collectors on the roof, without the prior written consent of the ACC. In keeping with the design integrity of the community, as reflected in the Covenants and these Rules, temporary window coverings, such as sheets, paper, plastic, etc., must be removed no later than 90 days after the occupancy of a townhome. J. Only signs pre-approved by the ACC may be posted, placed, or displayed in any common area, or landscaping including fences, gates, lights or sign posts. K. The American flag may be displayed on an owner s property or within the window of a townhome, but may not be attached to the exterior of the unit in any manner except by a bracket or pole, which has been approved by the ACC. Owners are responsible for repairing any damage caused by installation of a flag holder. The flag must be displayed in a manner consistent with applicable Flag protocol. Flags may not be any larger than 36 inches by 48 inches. L. A Service flag bearing a star denoting the service of an Owner, resident, or family member in the active or reserve military service of the United States during a war or

6 armed conflict may be displayed on the inside of a window or door of the Owner s townhome. The Service flag may not exceed 36 inches by 48 inches. M. Owners may not erect a ground mounted flagpole, except as specifically authorized by the ACC. N. Except to the extent restricted by applicable ordinance, an Owner may have no more than two political signs, as defined by the statute, to be located in a window of the Owner s property, for a political office or ballot issue that is in a pending election, with a maximum dimension of 36 inches by 48 inches, displayed no earlier than forty-five (45) days before an election day and no later than seven (7) days after an election day. O. No owner or occupant shall erect or have erected any form of aerial, antenna, poles, wires, or similar objects or unsightly objects of any kind for the purpose of radio, television or wi-fi reception on any balcony, roof or townhome exterior without the prior written approval of the ACC. Satellite dishes, while generally permissible, must be approved in advance, for size, shape, color, and location by the ACC. P. Owners or occupants shall notify the ACC regarding inoperative light fixtures. Q. Owners or occupants who purchase or install, at their own expense, ACC approved items, such as security doors, awnings and window-well covers shall be solely responsible for maintaining them, as deemed appropriate by the ACC. Likewise, any new Owner or resident of a townhome with any such improvements will be obligated to assume responsibility for maintaining them, as deemed necessary by the ACC. R. Owners or residents shall immediately notify the ACC regarding drainage or other problems observed in Tuscany Villas, particularly those immediately adjacent to their townhome. S. No Owner or resident shall walk upon a roof within Tuscany Villas, nor shall they allow a contractor to do so without the prior approval of the ACC. Driveways and Streets A. Any vehicles found to be in violation of the Covenants or these Rules, shall be subject to removal at any time, by the Board, at the Owner s expense. B. All Owners, residents and guests shall drive with extreme care to avoid injury to other residents, vehicles, or property. C. All vehicles shall meet applicable noise and safety requirements. D. Owners shall not allow heavily-loaded trucks, moving vans, or other vehicles to drive or park on sidewalks, curbs or driveways. Owners or residents wishing to use moving pods or similar containers shall secure prior approval from the Board. E. The side of the street without the sidewalk is designated a Fire Lane, is identified as such, and no vehicle may be parked there except for immediate loading, unloading or related purposes. The Owner is responsible for advising all residents or contractors of this rule. Vehicles in violation may be towed at the Owner s expense.

7 F. Junk vehicles are prohibited within Tuscany Villas. A junk vehicle shall mean a vehicle that appears in the discretion of the Board or their designated representative, to be in obvious need of repainting or substantial repairs, lacks a current license plate, or appears to be inoperable. G. Notwithstanding the foregoing, emergency motor vehicles are permitted in the Owner s driveway and/or guest parking spaces if the emergency motor vehicle meets each of the following requirements: 1. the emergency motor vehicle is required by the Owner s employer as a condition of employment; 2. the emergency motor vehicle weighs ten thousand pounds or less; 3. the Owner is a member of a volunteer fire department or is employed by an emergency service provider; 4. the emergency motor vehicle has some visible emblem or marking designating it as an emergency vehicle; and 5. the parked emergency motor vehicle does not block emergency access or prevent other Owners from using the streets. H. For the purpose of the above rule, an emergency service provider is defined as a primary provider of emergency firefighting, law enforcement, ambulance, emergency medical, or other emergency services. The parking of an emergency service vehicle shall not obstruct emergency access or interfere with any reasonable need of other Owners to use the streets or driveways within Tuscany Villas, including without limitation, extending into such streets, driveways, extending into other parking spaces or to denying other Owners use of parking spaces or guest parking. Guest Parking A. The use of the four off-street parking areas (twelve parking spaces) is generally restricted to day use guests, visitors and contractors. The term day use shall mean a period of not to exceed three consecutive days. B. The Board may, however, in its discretion, issue permits for Owners, residents, or others to use any of the guest parking spaces, under terms and conditions specifically determined and directed by the Board. C. All permits issued by the Board shall be in the form approved by the Board, and shall 1. reasonably identify the vehicle subject to the permit, 2. shall indicate the dates during which the permit shall be valid, 3. shall indicate if a specific parking space shall be used, 4. may exclude specific Holidays from the privileges of the permit,

8 5. be placed upon the dashboard of the vehicle when it is parked. D. The Board, in its reasonable discretion, may, but shall not be required to, impose a reasonable charge upon the issuance of any permit hereunder, which charge may not exceed fifty dollars per month. E. The Board shall notify all Owners and residents of the terms, conditions, and duration of all permits issued hereunder. Notification shall appear in the minutes of Board meetings held immediately after the issuance of the permit. Owner and Resident Parking A. There are no restrictions upon the size, number, or types of vehicles that Owners, residents, or tenants may have. B. Owners, residents, and tenants may, but shall not be required to, park their vehicles in the garages of their townhomes. C. Vehicles, when not parked in the garage, or in Guest Parking subject to a valid permit from the Board, may be parked in the Owner s driveway, or upon Via Verona View, for purposes of loading, unloading, cleaning, or maintenance, only. 1. Vehicles not parked pursuant to B. or C., above, may not be parked within Tuscany Villas, but may legally be parked upon a public street. F. These provisions shall also apply to recreational vehicles, campers, boats, trailers, etc. G. Nothing contained herein shall preclude the Board, from briefly or temporarily waiving the provisions of these Rules, where special circumstances merit. Owners shall be notified of any such informal waivers. Marijuana A. Owners, residents, their guests, and/or their invitees may not grow, produce, purchase, possess, sell, use, or consume, any recreational marijuana, in any form, within Tuscany Villas. B. Owners, residents, their guests, and/or their invitees may not grow, produce, purchase, or sell any medical marijuana, in any form, within Tuscany Villas. C. Owners and residents, when acting upon, and pursuant to, a written prescription from a duly licensed physician, may possess, use, or consume medical marijuana, within their home. This provision shall extend to the homeowners, and resident family members only, and not to their guests or invitees.. Pets and other animals A. Owners may have two domestic pets. Pets may not be bred or kept for commercial purposes. B. Pets are do not to be allowed to regularly bark loudly, or otherwise constitute a nuisance, or be an inconvenience to any residents. C. Pets are to be kept in compliance with all applicable ordinances.

9 D. Owners shall not permit pets to run loose (not on a leash) around the buildings or about the grounds. E. No Owner shall permit a pet to be outside unless on a leash, or otherwise under the control of the Owner. Owners shall clean up after their pets in all common areas and limited common areas. F. Residents may not keep pets on patios or decks overnight. G. No feeding of wild birds or animals is allowed, with the exception of two hummingbird feeders per townhome, to be removed during the off-season. H. No resident shall place or permit any food or substance outside their home which may attract any wild animals, reptiles, rodents, or insects. Soliciting Soliciting, whether commercial, political, religious, or otherwise, is strictly prohibites within Tuscany Villas. Solicitors shall be advised accordingly by Owners and residents, and any attempted solicitation shall be reported to the Board. Balconies, Decks, and Patios A. Balconies, patios, decks and adjoining landscaped areas may not be used as storage areas or in any way that may detract from the esthetics or appearance of Tuscany Villas. This shall include articles which are broken, in disrepair, or no longer in use. B. Residents may not dry or air out clothes on the decks, balcony, or patio areas or on lines or poles hung on the exterior of any townhome. C. No storage of items or materials shall be allowed outside of any townhome. D. No resident shall throw, sweep, or allow anything to fall from the balcony. E. All Owners and residents shall take precautions to insure that any items which are kept on a balcony or patio will not be blown away, or from or fall from those areas. F. The maintenance, repair, and replacement of the limited common areas shall be the responsibility of the Association. Trash Collection and Removal No owner or resident shall allow garbage cans, trash, or other refuse to be placed outside the garage, except on the day of trash collection. All trash and refuse must be placed in a proper receptacle, sealed, and deposited into the appropriate garbage container. Garbage collection will be provided by the Association using a garbage container for each unit provided by the garbage company. Subject to the above Rules, recycling is available to all owners and residents, and may be obtained by contacting the Board. Common Areas

10 A. Sidewalks and entrance areas must not be obstructed or used for any purpose other than ingress and egress to and from the townhome. B. These areas should not be used for the storage or temporary placement of anything. This includes toys, bicycles, storage containers, furniture, etc. C. Owners, residents, and their guests may use the Common Area, including the sidewalks, for the purposes intended. Owners are responsible for their own safety, and that of their residents and guests. Owner Maintenance A. Owners and residents shall insure that hoses are disconnected from exterior faucets in freezing temperatures, for proper draining. Outside faucets are the responsibility of the Owner. B. Owners and residents shall insure that inside temperatures are maintained to preclude water pipes from freezing and bursting. C. The standard outside light fixtures will be maintained by the Association, with the exception of the light bulbs, which are the responsibility of the Owner. Provided, however, any light fixtures that are damaged by the hanging of plants, wreaths or any other items shall be the responsibility of the Owner. Insurance. A. Sections 8.1 through 8.3 of the Covenants set forth the insurance requirements and responsibilities of the Association, and section 8.4 sets forth the insurance requirements and responsibilities of Owners. As provided in section 8.4(d) of the Covenants, the deductible for an individual Townhome shall not exceed one thousand dollars. B. As provided in Section 8.4 of the Covenants, Owners shall be responsible for insuring all fixtures, appliances, furniture, furnishings, and other personal property supplied, maintained or installed by the Owner and covering liability for injury, death or damage occurring within his Lot. C. The above referenced section further provides that, if at the time of a loss, both the Association s insurance and the Owners insurance cover the same property or loss, such Association policy shall be the primary insurance D. When an Owner experiences loss or damage to his or her property, or may be subject to liability, under the provisions described under B., above, the Owner shall be financially responsible for the loss, and shall work with his or her insurance provider. E. If an Owner has reasonable cause to believe that his or her loss, damage or liability under D., above, may also be insured under the Association s insurance, as discussed under C., above, the Owner shall present the claim to the Board. The Board shall have 15 days to evaluate the matter, and advise the Owner of their determination.

11 1. If the Board finds that the loss, damage, or liability is covered by the Association s insurance, the Board shall work with the Association s insurance provider in resolving the matter. 2. If the Board finds that the loss, damage, or liability is not covered by the Association s insurance, the Owner shall work with their insurance provider in resolving the matter. H. An owner shall not be required to file, or otherwise pursue a claim against the Association s insurance provider. Whenever a loss, damage, or liability is, or under the Covenants, should be covered by the Association s insurance policies, claims shall be handled by the Board, on behalf of the Association. I. If the Association s insurance agent determines that the Association s policy does not, and should not, cover the damage, loss or liability, they shall notify the Board, immediately. In such an event, the Association shall assume responsibility for the loss, damage, or liability, and pursue any legal remedies they may have against their insurance provider. J. In the event that more than one Townhome or Lot is affected by a loss, damage, or liability from a common cause, Article VIII, Section 8.3 (e) of the Covenants shall apply, and the Board may allocate any applicable deductible among impacted Owners, on a pro rata basis. Loss or Damage to Property The responsibility for preventing loss or damage to property, via proper maintenance, replacement, or otherwise, and any liability potentially arising therefrom, shall be shared between Owners and the Association, in the same manner and measure as the foregoing responsibilities for insurance coverage. A. Owners shall be responsible for maintaining, and if necessary, replacing all fixtures, appliances, furniture, furnishings, and other personal property supplied, maintained or installed by the Owner. B. Owners shall be responsible for any liability for injury, death, or damage, arising out of the possession, ownership, use, or enjoyment of the Owners fixtures, appliances, furniture, furnishings, and other personal property supplied, maintained or installed by the Owner. C. The Association shall be responsible for maintaining, and if necessary, replacing all property required to be insured by them under the provisions of Sections 8.1 through 8.3 of the covenants. Said property shall include, but not be limited to, the Common Areas, and Limited Common Areas. D. The Association shall be responsible for any liability for injury, death, or damage, arising out of its possession, ownership, use, or enjoyment of the property described under C., above.

12 Vendor Relations All vendor relationships are with the Association. Any concerns and/or issues of an Owner should be directed to the Board. Guests, Tenants and Invitees Each Owner shall be responsible for any violations or damage done by the Owner s residents, guests, tenants, and invitees. Each Owner shall insure that such persons are fully aware of these Rules and the Covenants.