TUSCANY VILLAS OWNERS ASSOCIATION, INC. c/o Courtney & Courtney 4740 Flintridge Drive - Suite 130 Colorado Springs, CO 80918 (719) 260-2816 FAX (719) 494-1219 steve.kouri@courtneyandcourtney.com Rules & Regulations Table of Contents March 30, 2016 Introduction..2 Association Management...2 Leasing of Townhome Units....2 Architectural Control....2-3 Driveways and parking Areas... 3-5 Pets... 5 Soliciting...... 5 Balconies and Patios...5-6 Signs and Displays, Flags and Flag Poles.6-7 Trash Collection and Removal.7 Grounds, Sidewalks and Common Areas....7 Owner Maintenance...7-8 Utilities.7 Insurance.. 7-8 Vendor Relations.....9 Guests, Family Members and Tenants....9 Attachment 1-TVOA Insurance Claims Procedure..........10-11
TUSCANY VILLAS OWNERS ASSOCIATION, INC. RULES AND REGULATIONS (Revised March 30, 2016) Introduction. The Tuscany Villas Owners Association (the Association ) complies with all federal, state and local laws. Each Owner of a Townhome in the subdivision shall read and comply with the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws, the Policies, Procedures, and these Rules and Regulations ( the Association Governing Documents ) of the Association. The Association s Documents, and these Rules and Regulations, shall include those matters required or allowed by the Colorado Common Interest Ownership Act (CCIOA). The Association s Board of Directors ( the Board ) shall have the power to enforce the Association Documents and to amend these Rules and Regulations from time to time. These Rules and Regulations revise and replace the Rules and Regulations of the Association dated Revised May 20, 2014 and all previous Rules and Regulations. 1. Association Management. The services of a management firm (the Managing Agent ) have been contracted to handle the day-to-day enforcement of these Revised Policies, Procedures, Rules and Regulations (the Revised Rules ), as well as the Declaration and Bylaws. The Managing Agent is authorized to take those actions necessary to ensure the compliance of all residents with the standards of the complex. 2. Leasing of Townhome Units. An owner who leases a unit shall provide a copy of the lease, fully executed, to the Managing Agent. The owner and/or occupant must take extreme care in moving into and out of the complex. Any damage to the common areas of the complex caused by an owner, resident, their agents or visitors will be repaired by the Association at the expense of the owner or occupant. All leases shall provide that the Association may, on behalf of the owner, evict any tenant or occupant who is violating the Declaration or these Revised Rules. An owner who leases a unit shall be responsible for advising his tenants of the Declaration and these Revised Rules and shall be responsible for any violations or damages caused by the tenants. 3. Architectural Control. Each Owner shall strictly comply with the requirements for architectural approval set forth in the Association s Governing Documents. The Board shall have sole and complete discretion in interpreting, enforcing and determining compliance with the architectural control provisions of the Association s Governing Documents and upholding the authority of the Architectural Control Committee ( the AC Committee ), which may be the Board itself. The Board may determine in its sole discretion whether any applicant has met the procedural and other requirements of architectural review. Without prior written approval of the AC Committee, which in its sole discretion may impose conditions, restrictions, or prohibitions: a. No buildings, fences, wall, other items, or other structure shall be constructed, placed, or maintained by the Owner upon the landscaping or exterior of any Lot. No owner shall enclose by means of screening or otherwise, any common element including any balcony, patio or porch, without prior approval from the Board. b. No Owner shall change the exterior appearance of the building or landscaping on the Lot. No items (such as screws, hooks, nails, etc.) may be attached to or penetrate the exterior stucco without prior permission of the Board. 2
c. No Owner shall attach awnings, screens, screen doors or other items to the exterior of the building, except those specifically authorized by the Committee. d. No Owner or occupant shall plant flowers, trees, gardens or shrubbery in any area of common landscaping. Such may be planted in pots and placed on driveways, doorsteps, balconies, porches, patios, entryways, stairs or decks, provided they are properly maintained. e. No Owner or occupant shall allow any bicycles, swimming pools, hot tubs, toys or similar items to be left on the porches, patios or otherwise on the Lot where they may be visible from another Lot. Likewise, landscaped areas are to be kept clear of Owners personal items. f. Decisions of the Board of Directors on the approval or denial of an owner s application for architectural or landscaping changes shall be made in accordance with the standards and procedures set forth in these Revised Rules, the Declaration, and the Bylaws. 4. Driveways and Parking Areas. a. All residents and guests shall drive with extreme care to avoid injury to children, other residents and other vehicles and property. b. All vehicles shall meet local noise and safety requirements. All vehicles without mufflers in good working order are prohibited. c. Except for the sole purpose of loading or unloading, no recreational vehicles, boats, campers, trailers, junk or inoperative vehicles, as determined in the sole discretion of the Board, shall be parked in any driveway, on any Lot, on any private street or elsewhere within the subdivision. d. Garage doors should be closed. No mechanical work will be performed on vehicles, except in a closed garage. For safety concerns the garage door may be open when it is necessary for the motor to be running while repairs are taking place. e. Owners shall not allow heavily-loaded trucks, moving vans, or other vehicles to drive or park on sidewalks, curbs or driveways. Moving pods/containers will require Board approval. f. The side of the street without the sidewalk is designated a Fire Lane and is identified as such. Any vehicle parked within this lane violates Fire Code. g. While parking is permitted during the day along the sidewalk side of the street, no vehicles shall be parked ON the sidewalk itself, because of the likelihood of damage to the sidewalk and inconvenience to residents. Owners are responsible for overseeing this restriction for visitors, deliveries, etc. Failure to adhere to these rules may result in the vehicle being towed at the vehicle owner s expense. h. All residents and their guests cannot park between the hours of midnight and 6:00 am in the driveway or on the street. Special requests will be considered by the Board. i. Use of the four off-street parking areas is restricted to visitors. Visitors cannot be parked in the four off-street parking areas reserved for visitors for more than ten consecutive (10) days. If parking beyond this time limit is required, a request for a parking permit must be made to the 3
Community Association Manager. If the request has not been approved, the vehicle may be towed at the owner s expense. j. Any vehicles which are parked illegally or in violation of these Rules or the Association Documents may be towed, removed or disabled by the Association, and any expenses therefore shall be paid by the offending party. k. Junk vehicles are prohibited. A junk vehicle shall mean a vehicle which appears in the discretion of the Board to be in need of repainting or substantial repairs or lacks a current license plate or appears to be inoperable and damaged. l. Notwithstanding the foregoing, emergency motor vehicles are permitted in the unit owner s driveway and guest parking spaces if the emergency motor vehicle meets each of the following requirements: i. the emergency motor vehicle is required by the unit owner s employer as a condition of employment; ii. the emergency motor vehicle weighs ten thousand pounds or less; iii. the unit owner is a member of a volunteer fire department or is employed by an emergency service provider; iv. the emergency motor vehicle has some visible emblem or marking designating it as an emergency vehicle; and v. the parked emergency motor vehicle does not block emergency access or prevent other unit owners from using the streets. For the purpose of this 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 unit owners to use the streets or driveways within the Association, 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. 5. Pets. a. Residents shall be permitted to have not more than two animals. These animals cannot be bred or kept for commercial purposes, do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any residents, and are kept in compliance with all applicable ordinances. Residents shall not permit any pet to run loose around the buildings or about the grounds. No resident shall permit any pet to be outside the unit unless on a leash in the hand of a responsible person or in a carrier container. Pets shall not be permitted to defecate on the walks, driveways, or landscaped areas in or about the buildings and in the event such shall occur, the pet owner must immediately pick up after the animal. The Association may adopt rules in the future to regulate or even prohibit any of the above types of pets. b. No feeding of wild birds or animals is allowed, with the exception of one hummingbird feeder per unit, to be removed off-season. c. Noisy pets, whether inside or outside a unit, will not be tolerated. 6. Soliciting. Soliciting (whether commercial, political, religious, or otherwise) is strictly forbidden within the subdivision. To the fullest extent allowed by law, any such solicitors shall be trespassers and subject to civil and criminal penalties. 4
7. Balconies and Patios. a. Balconies, patios, and decks may not be used as storage areas or in any way that may distract from the appearance of the building. b. Residents shall not dry or air clothes on the decks, balcony, or patio areas or on lines or poles hung on the exterior of any building except on retractable clotheslines that are folded and stored when not in use. No wood storage or other storage of items shall be allowed on the exterior of any building. c. No resident shall allow anything whatsoever to fall from the balcony nor shall resident sweep or throw from the balcony any dirt or other substance. d. No awnings, blinds, shades, screens or other projections shall be attached to any outside surface of any building, patio, balcony, window, or door without the prior written consent of the community manager. All residents and occupants shall take precautions to insure that any items which are kept on a balcony or patio will not be blown from or fall from those areas. e. The maintenance, repair, and replacement of the wood decks located on the second level of the eight (8) walk-out units are the responsibility of the individual unit owner; subject to approvals from the Board. 8. Signs and Displays, Flags and Flag Poles. a. No signs, announcements, advertising or unsightly objects of any kind may be exhibited, painted, affixed to or located upon any Lot or Unit, except for two small security system signs, or conventional For Sale/Rent, and seasonal decorations (if removed within 14 days after the occasion), and acceptable decorative items on porches, as judged by the Committee. b. No unit owner or occupant shall put solar film or similar products on any windows in the unit, nor solar collectors on the roofs without the prior written consent of the Association. In keeping with the design integrity of the community, as reflected in the Declaration, Article VII, Section 7.7, temporary window coverings (such as sheets, paper or plastic) must be removed no later than 90 days after occupancy of a Townhome. c. No signs will be posted, placed, or displayed on any Association property or landscaping including fences, gates, lights or sign posts. d. Notwithstanding the foregoing, the following types of signs/displays are permitted under the following conditions: i. American Flags. The American flag may be displayed on an owner s property or within the window of a unit, 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 Association. Owners are responsible for repairing any damage caused by installation of a flag holder. The flag must be displayed in a manner consistent with Federal and State Flag Codes. The flag may not be any larger than 36 inches by 48 inches. ii. Service Flags. A Service flag bearing a star denoting the service of the unit owner or a member of unit owner s immediate family in the active or reserve military service of the United 5
States during the war or armed conflict may be displayed on the inside of a window or door of the unit owners home. The Service flag may not exceed 36 inches by 48 inches. property. iii. Flagpoles. Owners will not be allowed to erect a flagpole on Association iv. Political Signs. Except to the extent restricted by city, town, or county 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. 9. Trash Collection and Removal. No owner or occupant 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. Under the same Rules above, recycling is available to all owners/residents and may be obtained by contacting the Managing Agent for the community. 10. Grounds, Sidewalks and Common Areas. a. The sidewalks and entrance areas must not be obstructed or used for any purpose other than ingress and egress to and from your unit. b. These areas should not be used for the storage or temporary placement of anything. This includes toys, bicycles, storage containers, furniture, etc. c. Each Owner and the Owner s family, guests, contractors and invitees may use the Common Area, including the sidewalks, for the purposes intended, subject to these Rules and the Directions of the Board. d. 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 hi-fi reception on any balcony, roof or building exterior without the prior written approval of the Association. Satellite dishes, while permissible, must be approved for size and locations by the Committee. 11. Owner Maintenance. a. Owners or occupants shall insure that hoses are disconnected from exterior faucets in freezing temperatures, for proper draining, and that inside temperatures are maintained to preclude water pipes from freezing and bursting. All outside faucets are the sole responsibility of the homeowner and not the Association. b. The standard outside light fixtures will be maintained by the Association, with the exceptions of the light bulbs and the wiring leading to the light fixtures which are the responsibility of the owner. Also excluded from the Association s responsibility are any light fixtures that are damaged by hanging of plants, wreaths or any other items. Owners or occupants shall notify the Association regarding inoperative light fixtures. c. Owners or occupants who purchase or install, at their own expense, Associationapproved items, such as security doors, awnings and window-well covers shall be solely responsible for 6
maintaining and replacing them, as deemed necessary by the Committee. Likewise, any new Owner or occupant of a property containing such improvements, will assume responsibility for maintaining and replacing them, as deemed necessary by the Committee. d. Owners or occupants shall notify the Community Manager regarding drainage or other problems observed in the Common Areas, particularly those immediately adjacent to their properties. 12. Utilities. a. All owners and/or occupants must exercise diligence in the conservation of utilities. b. During periods of extreme cold, it is the responsibility of each owner and/or occupant to maintain a temperature within their townhome unit sufficient to prevent interior pipes from freezing. If an occupant turns their thermostat to a low setting and leaves the unit unattended during periods of extreme cold, there is a risk of pipes freezing and causing substantial damage to their unit and possibly to the adjoining townhome. If such damage occurs, the Tuscany Villas Owners Association, Inc. shall not be liable. 13. Insurance. a. The association insurance policy DOES NOT cover the contents of your unit or liability growing out of guests on the premises. Each Townhome owner and/or occupant should arrange for insurance coverage for all losses and risks growing out of the ownership and/or occupation of the premises. b. If any owner files a claim against the Association s insurance policies, the homeowner must submit a claim in writing to the Board of Directors or Managing Agent. The Association has 15 days to respond. The homeowner must give the Association s agent a reasonable opportunity to inspect the damage and determine if the subject matter of the claim falls under the Association s insurance policy. Only then can the homeowner directly submit a claim against the Association s policy. That Owner shall be responsible for paying the deductible on that insurance policy as provided by the Association documents and further shall be responsible for any costs or loss as well as any costs of collection and reasonable attorney fees to the Association if the Owner, guest, or tenant of the Owner is responsible for the cause of the loss, or if the loss resulted from any equipment or item located within the Owner s unit. In the event that more than one Townhome or Lot is affected, Article VIII, Section 8.3 (e) of the Declaration shall prevail. c. In order to assist in keeping the Association s insurance premiums down, it is requested that all Owners contact the Association either its manager or Board members prior to filing any claim on the Association s insurance policy (See Attachment 1). d. Individual Owners are responsible for obtaining insurance on their own units to cover the interior of the unit and all personal belongings, which coverage is commonly known as an HO6/Condominium Unit Owners Policy. An HO6 policy typically covers those items that can be easily removed from a unit, like personal belongings, clothing, drapes, and electronics equipment. In addition, each Owner shall be responsible for obtaining any liability insurance for injuries within that Owner s unit and any other insurance desired by the Owner or otherwise required. Owners must consult with their own insurance agents as to appropriate coverage. 7
i. Pursuant to Article IX, Section 9.3(b) of the Declaration, the deductible portion of any loss to a Townhome that is covered by the Association s insurance is the responsibility of the Owner of the Townhome unit. ii. Given the relatively low cost of HO-6 insurance for Owners, an Owner will be deemed to have been negligent in failing to obtain such insurance and will be personally responsible for the cost of the repair of any damage to his/her Townhome which was not covered by the Association s insurance. iii. All Owners are required to obtain HO-6 or similar insurance that will provide for coverage of any loss to their Townhome falling within the deductible portion of the Association s insurance policies. iv. The Board of Directors of Tuscany Villas strongly recommends that each owner obtain Assessment Loss insurance and is insured enough to pay for the deductible portion of the Owners Association Insurance. Each homeowner s personal insurance carrier should be able to confirm both of these coverages. 14. Vendor Relations. All vendor relationships are with the Board of Directors through the Managing Agent. Residents are informed that communication to vendors comes through residents/owners to the managing agent only. Any concerns and/or issues should be directed first to the Managing Agent and secondarily to a Board Member. 15. Guests, Family Members, and Tenants. Each Owner shall be liable for any violations or damage done by that Owner s guests, tenants, contractors, invitees, or family members, and each Owner shall be subject to fine for any violation of the Association Documents by those persons. Each Owner shall make such persons fully aware of the Association Documents and their requirements and shall incorporate the same into any leases and agreements. STATEMENT OF ADOPTION These Rules and Regulations may be changed or added to by the Board of Directors of the Tuscany Villas Owners Association, Inc. in support of the Association and/or in response to Colorado Law. Adopted by Board Members, March 30, 2016. 8
Attachment 1 Tuscany Villas Owners Association (TVOA) Insurance Claims Procedures When insurance claim happens, homeowners must follow the following procedures: 1. Homeowner notifies Board and/or Managing Agent of damage as quickly as possible; if the Board is notified, the Board will contact the Managing Agent immediately. Homeowner should also notify their Homeowners Insurance carrier. 2. Homeowner should take steps to protect their property and/or prevent further damage. Keep the initial mitigation bills for the adjuster. 3. The Managing Agent reports the claim to the TVOA Insurance Claims Department. The Managing Agent will monitor/manage the claim from here. 4. The TVOA Insurance Claims Department gets a claim adjuster assigned and a claim number. This information is provided to the Managing Agent as quickly as possible. 5. TVOA s Board determines if the Homeowner is responsible for the Association s deductible. This decision is based on TVOA s governing documents. The decision is communicated to the Homeowner by the Managing Agent. 6. The adjuster views the damages and prepares the initial repair estimate. A copy of the estimate is given to the Managing Agent. The Owner may request a copy from the Managing Agent. 7. The insurance carrier issues the initial payment, minus the deductible, to TVOA. It is mailed to the Managing Agent. 8. The Managing Agent contacts vendors to repair damage and provides the vendor s information to the adjuster (this can take place concurrent with the adjuster doing the estimate). 9. Vendor prepares damage estimate and gives a copy to the Managing Agent. The Owner may request a copy from the Managing Agent. If there is a discrepancy in the scope of damage and/or the cost to repair the damage, vendor and the Managing Agent and Adjuster work out the differences and agree upon a revised repair estimate. It may be revised again if more damage is found during the repair work. 10. The Managing Agent requests final payment for any additional damage from TVOA s insurance carrier. CB Insurance will assist if necessary. If required by the insurance carrier, the Managing Agent will complete any final completion paperwork, i.e. Proof of Loss forms. The Managing Agent will provide a copy to the Owner upon request. 11. Vendors submit invoices to the Managing Agent for payment. 12. The Managing Agent reviews the invoices and pays vendors after approval from the Treasurer of TVOA. 13. Claim should be concluded. Insurance Claims will work closely with the Managing Agent, the TVOA Board and/or the Owner throughout this entire process to get the claim reported, facilitate communications with the adjuster, 9
answer any questions that arise, monitor progress and advocate for the swift and equitable settlement of the claim. 10