Rules and regulations
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RULES AND REGULATIONS FOR THE GRAND AT DIAMOND BEACH
Last revised: 5/16/12
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Table of Contents
INTRODUCTION
RULES AND REGULATIONS RELATED TO YOUR RESIDENTIAL UNIT a. Conduct and Use b. Unit Access and Keys c. Move In / Out and Deliveries
RULES AND REGULATIONS RELATED TO THE COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
RULES AND REGULATIONS RELATED TO RESIDENTIAL UNIT LEASING
ENFORCEMENT OF RULES / FINES
OWNER CONCERNS
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I. INTRODUCTION These Rules and Regulations (the “Rules”) have been adopted by the Board of Directors (the “Board”) of The Grand at Diamond Beach Homeowners Association (the “Association”) under Section 6.03 of the Association By-Laws which provide: “The Board of Directors shall be and hereby is empowered to promulgate, adopt, amend and enforce, such Rules and Regulations as it, in its sole and absolute discretion, deems necessary and proper to effectuate the provisions of the Master Deed and these By-Laws including, by way of description, but not by way of limitation, those deemed necessary and proper to ensure that Owners perform in accordance with those covenants and restrictions imposed upon them and discharge and perform those obligations and duties for which they are responsible for.” These Rules apply to all homeowners, homeowner’s guests and rental guests of The Grand at Diamond Beach (the “Condominium”). These Rules were adopted to help ensure a safe, healthy and enjoyable environment and will be strictly enforced. These Rules are in addition to, and not in limitation of, the provisions of the Master Deed and By- Laws. All homeowners are responsible to ensure that they are aware of and follow all such provisions as well as these Rules. These Rules are subject to change at any time and from time to time at the sole discretion of the Board. In the event of any dispute under these Rules or any interpretation of these Rules, the Board shall have the sole and absolute authority to resolve such dispute. Capitalized terms used herein shall have the meanings assigned in the Master Deed and/or By-Laws unless defined herein.
Key Contact Information: Onsite Management
Management Office 9601 Atlantic Avenue Diamond Beach, NJ 08260 Phone: (609) 846-9601 Emergency/After Hours Contact Number: (609) 846-4048
Onsite Property Manager: Mike Sgrignioli : 609-846-9601
Onsite Assistant Property Manager: Tom Hunt: 609-846-9601
Property Management Company Contact Shore Resort Property Management: 100 West First Avenue, 2 nd Floor North Wildwood, NJ 08260 Phone: 609-523-7000
Bruce Hamlin: Owner Annelise Bader: Account Manager
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II. RULES AND REGULATIONS RELATED TO YOUR RESIDENTIAL UNIT a. Conduct and Use
(1) No unlawful use of any residence (a “Residential Unit”) shall be permitted by any homeowner (“Owner”). All laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed.
(2) The following are the recommend occupancy limitations for the Residential Units:
Residential Unit Names Recommended Occupancy 1 Bedroom Unit Beachcomber; Cape 4 people
2 Bedroom Unit Sunset; Lighthouse; White Marlin; Seawatch; Sea Mist; Sand Dollar; Sea Scape; Bay Breeze; Penisula
6 people 3 Bedroom Unit Pearl; Sunrise; Sand Castle; Hammock
8 people If an Owner permits occupancy in excess of the above recommended occupancy levels, and the Board, or its designee, reasonable determines that such excess has caused a material interruption of any other Owner’s (or their permitted guests’) quiet enjoyment of their Unit or the Common Elements, such Owner may be subject to a fines as specified in Section V below. If the Board, or its designee, does determine that a material disruption as described above has occurred, it shall be presumed that such disruption was caused by excessive occupancy if an Owner did permit occupancy in excess of the above recommended levels. (3)
No balcony enclosure, canopies, shutters, radio, television antenna, satellite dishes or other items that interfere with the aesthetic presentation of the Condominium shall be erected, displayed, shown, put in any window or installed.
(4) No noxious or offensive activities shall be carried on, in or upon any Residential Unit nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance to the other residents in The Grand.
(5) No exterior loudspeakers are permitted on balconies. Sound producing portable devices (such as portable radios, portable television sets, or other mobile devices) may be utilized but only to the extent they do not unreasonably interfere with residents’ quiet enjoyment of a Residential Unit, the Common Elements or the Condominium.
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(6)
No Owner or other occupant shall burn, chop or cut anything on, over or above The Grand.
(7)
No objects of any kind (such as, without limitation, clothes, sheets, blankets, laundry, flags, pictures or other decorations), shall be hung or displayed: (1) on the outside or visible from Residential Unit windows or windowsills, (2) on balcony or terrace walls or railings of any Residential Unit, or (3) in any parking area or other Common Element. No items of any kind may be stored on any balcony or terrace.
(8) No waterbed shall be permitted in any Residential Unit.
(9) No Owner shall place or store any item in any “attic” space or other space above the gypsum board or other material constituting the ceiling of a Residential Unit. No Owner shall enter, or permit any other person to enter, such “attic” or other space, or the roof of the Condominium.
(10)
No firewood, propane or other flammable gas may be stored in any Residential Unit, any storage bin, or on any balcony or terrace.
(11)
No signs or displays of any kind (including “for rent” or “for sale” signs) shall be displayed or installed on the exterior or within the Condominium, except for (i) identification and directional signs constructed by the Sponsor or the Association (ii) signs displayed by the Sponsor for sales, leasing or exhibit purposes while any Residential Units remain unsold within the Condominium, or (iii) signs displayed within the Commercial Unit. In the event that the Commercial Unit owner wishes to install or erect exterior signs, the plans for such signs shall be submitted to the Board, at the expense of the applicant, for approval, which approval shall be required prior to the installation of such signs.
(12) All Residential Units must be heated to the extent necessary, at a minimum of 60 degrees Fahrenheit, to prevent damage from freezing temperatures during the months of October through April, inclusive, regardless of whether or not occupied. Any Owner failing to so heat a Residential Unit shall be obligated to pay a remedial assessment for the costs of any damage caused to any portion of the Condominium due to his neglect, or if such damage is insured by the Association from the proceeds of the insurance.
(13)
Except as expressly permitted here, no bird, reptile or animal of any kind shall be raised, bred, or kept in any Residential Unit or anywhere else within the Condominium. Dogs, cats and other household pets are permitted in each Residential Unit, provided that there may be no more than two (2) such pets per Residential Unit, that such pets are not kept, bred or maintained for any commercial purposes, that such pets are housed within the Residential Unit, and provided the Owner abides by all applicable ordinances and Rules. Pets are not permitted on Residential Unit balconies. All residents and their guests, invitees, agents and others who allow or permit the pets in their charge to defecate upon -6-
any exterior portion of the Condominium, upon any roadway within the Condominium, shall immediately thereafter remove from such exterior portion of the Condominium, any and all excrement left by the pet and dispose of it as soon as possible in a sanitary fashion. All residents and their guests, invitees, agents and others shall accompany the pet in their charge at all times, shall keep the pet on a tight leash when in common areas (including elevators), and shall carry with them at such time any devices necessary to remove the pet excrement, which removal shall be done immediately. Each Owner shall be responsible for the conduct of pets, and guests.
(14) No feeding of birds is permitted at any time.
(15) No one is permitted to shake mops or rugs from, or throw any objects from, Residential balconies or terraces.
(16)
No washing of balconies or terraces is permitted above parked cars. Washing of balconies or terraces may be further restricted by building management at the direction of the Board.
(17) Nothing shall be done or kept in any Unit or in or upon the Common Elements which may increase the rates of insurance on the Condominium without the prior written consent of the Board. No Owner shall permit anything to be done or kept in his Unit or in or upon the Common Elements which may result in the cancellation of insurance on the Condominium or the contents thereof, or which may be in violation of any law.
(1)
If an owner changes the lock on their Residential Unit, it must be mastered with the existing system.
(2)
All food deliveries must be met in the lobby. Food delivery vendors are not permitted to walk through the building to make deliveries to Residential Units.
(3)
The Management Office must be notified of all contract work in the Condominium. Third party access to the Condominium and/or any Residential Unit related to such work must be coordinated through the Management Office. All contractors performing work in any Residential Unit must present a reasonably acceptable and valid certificate of insurance to the Management Office.
(4) No Owner, guest or renter may give access to any unauthorized person.
Move In / Move Out Procedures and Deliveries (1)
All moves and deliveries must be coordinated with the Management Office and scheduled at least forty-eight (48) hours in advance. -7-
(2) A security deposit of $250.00 must be paid prior to entry of any delivery company.
(3) Moves and deliveries are to be performed from the south side of the building.
(4) Owners must provide their moving company with the building contact information that is provided by the Management Office.
(5)
The Management Office staff will designate the elevator utilized for all deliveries.
(6) Moves and deliveries are only allowed during specified hours. In-season (from the Memorial Day weekend through Labor Day weekend) typical permitted times are Monday through Thursday between the hours of 8:00 A.M. and 6:00 P.M., and Friday between the hours of 8:00 A.M. and 2:00 P.M. Off-season times will be set at the discretion of the Management Office.
(7) Due to staff scheduling and, most importantly, for safety reasons, any unscheduled move or delivery will not be permitted.
(8)
Delivery or moving trucks or other vehicles may not be left unattended at any time in front of or near the Condominium entrance to the parking lot at the rear of the building. In addition this area will typically not be accessible to such vehicles sue to low ceiling heights.
(9)
Owners should plan to be on property forty-five (45) minutes prior to any scheduled delivery in order to meet with the Management Office staff to discuss and plan the delivery process.
(10) Management cannot accept, sign for, or be held accountable for any delivery, unless special arrangements are made with the Management Office.
(11)
Management Office staff will perform a post move/delivery inspection to determine if any Common Elements were damaged during the move/delivery. The inspection will take place immediately following the move/delivery. If no damage is evident the security deposit will be returned to the Owner. If damage is present all or a portion of such security deposit will be forfeited for the cost of any necessary repairs. If the cost to remedy any damage exceeds the security deposit, such excess shall be the responsibility of the Owner.
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RULES AND REGULATIONS RELATED TO COMMON ELEMENTS AND LIMITED COMMON ELEMENTS a. General (1)
No Residential Unit or Limited Common Element appurtenant to any Residential Unit shall be used for any purpose other than as a private residence, except those Residential Units utilized by the Sponsor, its affiliates or the sales or marketing agents, as sales offices, administrative offices, or models for the Condominium. In addition all uses are subject to the Zoning Ordinance of the Lower Township applicable to the premises.
(2) There shall be no obstruction of the Common Elements nor shall anything be stored in or upon the Common Elements without prior consent of the Board.
(3)
No portion of the Common Elements or other portion of the Condominium shall be used or maintained for the dumping of rubbish or debris, except in receptacles provided or approved by the Association. Garbage or other waste and recyclables from individual Residential Units shall be deposited only in the appropriate designated containers located on the property.
(4) No owner or occupant shall build, plant or maintain any matter or thing upon, in, over or under the General Common Elements or Limited Common Elements without the prior written consent of the Board.
(5)
No bicycles, baby carriages, wagons or similar non-motorized vehicles or toys, nor mopeds, motorcycles or similar motorized vehicles shall be parked or otherwise left unattended in any General Common Element or Limited Common Element areas. Additionally, motorized vehicles and bicycles must be stored in a designated area on the ground level, and shall not be stored, moved or transported in any area within the building.
(6)
Smoking is not permitted in any General Common Element area at any time.
(7) Quiet time is from 11PM to 7AM. This includes but is not limited to: loud music or television, radios, vacuuming, and use of washer/dryer.
(8)
All persons should be towel-dried before entering the building.
(9) All persons are required to wear a shirt and shoes when walking through the interior Common Elements.
(10)
When returning from the beach, all persons must rinse chairs and feet at the showers provided at either of the entrances off the boardwalk.
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(11)
No jumping, running or playing is allowed in any fire stairwell or walkway.
(12) Children should be instructed not to play in the elevator.
(13) Pets must be tightly leased when in the Common Element areas (including elevators).
(14) Management Office staff may restrict access to residents and guests that do not adhere to these Rules.
(1)
Owners and their guests are permitted access to the General Common Elements of the Condominium subject to the following limitations:
a.
Owners and their guests as follows:
i. 1 Bedroom Unit: 6 people are permitted access;
ii. 2 Bedroom Unit: 8 people are permitted access; and
iii. 3 Bedroom Unit: 10 people are permitted access.
(2) Additional guest access to General Common Elements (above the limitations specified above) will be accommodated on an as requested basis subject to the following:
i.
through Labor Day Weekend / $15 per person per day out-of-season;
ii. Additional guest passes will not be issued on summer holidays (July 4th, Memorial Day and Labor Day);
iii.
No more than four additional guest passes per Owner will be issued on any one day in-season; and
iv.
In-season maximum additional guest passes per year is equal to the number of Bedrooms x 10 (1 Bedroom Unit = 10; 2 Bedroom Unit = 20; 3 Bedroom Unit = 30).
(3) The limitations shall not apply with respect to access to the community and activity rooms where such room or rooms is rented by Owner per the requirements specified elsewhere in these rules.
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Game Room (1)
Game Room hours of operation are 9AM to 11PM.
(2) In order to use the pool table, you must be at least fourteen (14) years of age.
(3) Children under the age of ten (10) must be accompanied and supervised by an adult.
(4) Accessories should be restored to their proper place after using the pool table or video game system.
(5)
After use, the game room should be cleaned up so that others may enjoy the facility.
(6) All lights and equipment should be turned off after use.
Fitness Center (1)
Fitness Center hours of operation are 6AM to 11PM.
(2) Fitness Center equipment is available on a first come basis. If demand for the equipment is high, users are asked to restrict use of a single piece of equipment to no more than thirty (30) consecutive minutes.
(3) Use of the fitness equipment is at the risk of the user.
(4) Children under the age of twelve (12) are not permitted in the Fitness Center and are prohibited from using the Fitness Center equipment.
(5)
Children under the age of sixteen (16) are prohibited from using the Fitness Center equipment without adult supervision.
(1)
The hours of operation of the Activity Room (interior second floor area adjacent to the pool deck) and the Community Lounge (first floor near fitness center) are 8AM to 11PM.
(2)
Each of the Activity Room and the Community Lounger may be reserved by any Owner. Please see the Community Room Reservation Policy for details.
(1)
The Pool and Spa hours of operation are 8AM – 10PM.
(2) All persons using the pool and spa area do so at their own risk. There are no lifeguards on duty.
(3)
Every Owner, guest and rental guest must sign a Pool Pledge form. -12-
(4) The pool and spa areas will be closed when there is a threat of an electrical storm.
(5) No person under the age of sixteen (16) is permitted in the pool or spa without a parent or guardian present at all times. In addition, children under the age of ten (10) are not permitted in the spa at any time. Parents are responsible for the safety and behavior of their children at all times.
(6)
Pets are not permitted in the pool or spa areas.
(7) No glass containers of any type will be permitted on the pool deck adjacent to the pool and spa areas.
(8)
Any person may be barred from use of the pool and/or spa areas facilities by Management Office staff for violations of the Rules.
(9)
There are speakers located in the pool area for everyone’s enjoyment. No other radios or sound producing devises are permitted in the pool and spa areas unless accompanied by headphones.
(10) No drinks or food are permitted immediately near or in the pool at any time.
(11) Reserving of chairs, umbrellas or tables is prohibited. All chairs, umbrellas and tables are available on a first come basis. Towels or other personal belongings left on chairs or on tables will be removed by building management if the chair or table has been unoccupied for one hour or more.
(12)
No person may remove any furniture from the pool or spa areas.
(13) No person having any communicable disease shall be permitted to use the pools or spa.
(14) Smoking in the pool area or any other General Common Element area is prohibited.
(15) No running, pushing, wrestling, or horseplay in and around the pools, the spa or on the deck will be permitted.
(16)
There will be no ball playing, frisbee throwing, skate boarding, scooter riding or roller- skating allowed on the pool or spa deck.
(17)
The Association or its employees will not be responsible for the loss of any personal property.
(18)
Only bathing suits are to be worn in the pool.
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(19)
Children who are not potty trained and all infants must wear proper disposable swimming diapers.
(20)
No furniture other than that provided by the Association is permitted on the pool or spa deck.
(21)
Residents coming from the beach must shower and remove sand at the outdoor showers adjacent to the boardwalk prior entering the pool and spa areas.
(22)
Everyone using the pool is individually responsible for following all state, county, local and Association pool rules and regulations. A responsible adult shall supervise and be sure that all children follow these rules and regulations.
(23) Additional rules may be posted on signage at the entrance to each pool and the spa. Users of these areas must abide by any such additional rules.
(1)
Hours of operation are 10AM to 8PM unless there is a property wide social function approved by the Board.
(2)
Grilling or cooking on Residential Unit balconies or terraces is not permitted due to local and state regulations.
(3)
After use, grills must be turned off by turning the burners to the “OFF” position.
Garage and Parking Lots (1)
All cars must be parked within their designated spot or spots. Cars not parked in assigned spots may be ticketed and/or towed at the vehicles owner’s expense.
(2)
All cars must park within the painted lines of their parking space and cannot extend beyond the painted lines.
(3)
All vehicles parked in the garage must have a valid parking permit hanging from the rear view mirror in the front windshield.
(4)
No parking is allowed in the entrance or exit lanes. Failure to comply with these regulations may result in your car being ticketed or towed at the vehicles owner’s expense.
(5) For the safety of all residents, bikes and bike racks must be removed from all vehicles parked in the garage. Residents and guests should bring tools to remove these racks with them for this purpose.
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(6)
No bike riding, skateboarding, roller-skating or ball playing is permitted in the garage area.
(7)
No leaving bikes parked or unattended in the parking garage or other Common Element area is permitted. All bikes should be stored in the Owner’s Storage Unit.
i.
(1) There is a trash/recycle room located on each floor of the building.
(2)
All trash must be securely tied in plastic bags and placed in the trash chute. Leakage should be checked for before carrying trash bags through Common Element Areas.
(3)
Recycling is required by law. Cans, bottles, plastic containers, cardboard and newspaper must be separated from trash and placed in the designated container in the trash/recycling room. Recyclables may not be discarded in plastic bags.
(4) Large cardboard boxes must be emptied and placed in the trash/recycling room. Cardboard boxes or other large or bulky items should not be in the trash chute.
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