Rules and Regulations
Table of contents
- Introduction
- Maintenance and Inspection Obligations
- Activities Within The Common Areas
- Access Procedures
- Insurance
- Offensive Conduct & Nuisances
- Residential Condominium Units
- Residential Facilities/Amenities
- Elevator Use
- Garage and Parking Guidelines
- Courtyard (2nd Floor) and Barbeque Courtyard (5th Floor)
- Fitness Room
- Animals
- Fire Safety Devices
- Holiday Decorations
- Rental of Residential Condominium Units
- Resale/Rental and Real Estate Professionals
- Signage
- Trash Disposal
- Recycling
- Enforcement of Governing Documents
- Complaint Form
- Notice of Hearing
- Fine Schedule in General
- Definitions
- Schedule of Fines
- Attorney’s Fees and Costs
Introduction
The Rules, Regulations and Guidelines established for Crown Bay are intended to foster an environment of neighborliness, consideration and cooperation as contemplated by the Declaration. All owners, residents and their guests are required to follow these Rules and Regulations for the overall benefits of the Condominium Unit project and its residents. The Board has adopted these Rules and Regulations, in addition, to the provisions of the Association’s Declaration and the Bylaws.
Owners must always remember they are responsible for the actions and conduct of their occupants, which are utilized tenants, visitors, guest and invitees, including tenants, visitors, guests and invitees. Therefore owners must provide each tenant with a copy of this Handbook, along with a copy of the Declaration, to ensure their tenants are aware of and will comply with all the applicable Rules and Regulations that govern the Association and Condominium Project.
Each owner is responsible and required to submit certain information relative to the ownership and tenancy of the unit to the Association on an annual basis. Such information will be requested by the Association on an annual basis or as needed including, whenever any tenant information/rental changes. In the event that any of the information submitted to the Association changes, the member shall update the Association’s records.
For clarification of any of the provisions set forth in this Handbook, please contact the Property Manager.
Maintenance and Inspection Obligations
Owners and the Association have maintenance and inspection obligations. Owners should consult their Owner Maintenance Manual, applicable warranties and other manufacturers’ maintenance schedules and recommendations for specific maintenance requirements. As set forth in the Declaration, a portion of the Owners’ maintenance and inspection obligations require Owners to implement commonly accepted maintenance practices to prolong the life of the materials and construction of the Condominium Units.
Because living at Crown Bay is very different than living in a traditional single-family home environment where homes are detached and are not easily affected by the actions (or inactions) of its neighbors, each Condominium Unit at Crown Bay must be properly maintained including not only the unit itself but all owner maintained components, and all appliances (whether built in or free standing in the unit. This is necessary to prevent causing maintenance issues to other Condominium Units Common Area and/or damage other portions of the Condominium Unit. As such, each Owner at Crown Bay remains accountable and responsible for the maintenance obligations relating to their Condominium Unit, at all times, even if the Condominium Unit is leased. Leasing Owner will be held liable to the Association, other Residents or Commercial Occupants, as applicable, for any and all damage and/or loss caused to another Condominium Unit Common area or any other portion of the Condominium Unit if their tenant or any guest, invitees, or occupants fails to perform the maintenance obligations set forth in the Owners Maintenance Manual and/or the Governing Documents. Therefore, it is extremely important each Owner who leases their Condominium Unit ensures its tenant(s) fully comply with all maintenance requirements for its Condominium Unit at Crown Bay during the entire term of any lease or rental agreement.
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Owner Maintained Components. The Association would like to remind all owners that individual owners are responsible for the repair, maintenance and replacement of all “owner-maintained components” in your unit. An “owner-maintained component” includes, but is not limited to, refrigerators, water filters, ice makers, laundry machines, dishwashers, toilets, sinks, bathtubs, showers and any and all plumbing, electrical, heating systems, air conditioning systems, smoke detectors, and/or security system, if applicable servicing the unit. Owners shall also take reasonable precautions to prevent the accumulation of water inside or outside his/her unit, and the Exclusive Use Common Area attributable to his/her unit. This includes, without limitation, cleaning any clogged drains within the unit and the Exclusive Use Common Area attributable to the unit. In the event of the failure of an “owner-maintained component” in a unit, regardless of negligence or fault, causing damage to the unit, adjacent units, or to the Common Area, the unit owner is responsible to the Association and all other unit owners who have sustained damage, for any and all costs associated with the damage or loss.
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If you notice slowing and/or back up in one of your sinks, showers or toilets – contact a plumber immediately. The Association currently uses a preferred Plumber for Association plumbing maintenance issues. While you are free to use any licensed qualified vendor of your choice, the Association’s plumber is familiar with the building’s plumbing. Please contact the Association for the current preferred vendor’s contact information. You will need to contract with the plumber initially. If you are requesting reimbursement from the Association for the plumber’s services, provide the plumber’s report to the Association’s Property Manager. Based on the plumber’s report and identifying where/what the problem is and the cause, the Association will assign responsibility for the cost of the services, repairs and/or damage in accordance with the Association’s governing documents and California law.
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If you notice leaking from plumbing components that you are responsible to maintain or from any owner maintained component – contact a plumber immediately. If the leak appears to be coming from the Association’s plumbing system, contact the Association’s property management company immediately at its 24 hour emergency number to report the leak. If, for some reason, you do not get an immediate response from the Association’s property management company, immediately call a plumber to report the leak and request their assistance. Based on the plumber’s report and identifying where/what the problem is and the cause, the Association will assign responsibility for the cost of the services, repairs and/or damage in accordance with the Association’s governing documents and California law.
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Arrange for routine inspections and repairs where necessary. On a regular and routine basis, arrange for regular and routine inspections, and repair, where necessary, of your individual unit’s plumbing lines which service your unit exclusively, and other owner maintained components (including but not limited to, your garbage disposal, dishwasher and hoses/connectors, refrigerator, refrigerator water line, filter, and/or icemaker, washing machine and hoses/connectors, faucets, toilets, sinks, tubs/shower stalls, dryer duct exhaust, unit water shut off valves, and the drains on your unit’s balcony, etc.) It is important that you regularly replace component parts that deteriorate over time. Make certain that you re-caulk around faucets, tubs, showers and sinks, as the caulking deteriorates and needs replacement. Routine preventative checks may help you avoid water intrusion into not only your unit, but your neighbor’s units and the Association common area as well. Also refer to your owner’s manual for suggested inspection and maintenance schedules of owner maintained components.
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Careful use of the garbage disposal for appropriate minimal items. Garbage disposals are not designed to act as a trashcan for all items. Garbage disposals are very sensitive and cannot handle many of the items owners/residents currently throw into them. Given the number of garbage disposals tied to our Association’s plumbing system, try to use your garbage disposal sparingly. When you do use your garbage disposal, review the owner’s manual for specific uses. As a reminder, you should never put anything combustible, plastic, metal, cigarettes and/or cigarette butts, in your garbage disposal. You should never put food grease of any kind into the disposal, food scraps and/or bones, any fibrous materials and/or fibrous foods (including vegetables or fruit) of any kind, bird seed, pet food, coffee grounds, egg shells, pasta, rice, etc. in your garbage disposal. This list is not all inclusive. When in doubt, use your garbage can. If clogs in the pipes, backups and/or plumbing issues are determined to have been caused, in whole or in part, by the improper use of the disposal, the owner(s) of the unit or units attributable to the improper use will be billed for the work associated with all repairs and damages caused.
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If your unit is vacant for extended periods of time, have it checked on frequently. If you are going to be gone for an extended period of time, make arrangements to have someone periodically check on your unit to ensure all is working properly. The delayed repair of a leak(s) causes greater damage and repair costs. It is always good to check on your unit, as there could be other pending issues that need your attention.
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Get to know your upstairs and downstairs neighbors. If possible, get your neighbor’s contact information in the event, you need to communicate with your neighbors due to a slowing, back up, plumbing; security concerns, or fire alarm issues. The units above you should be alerted if your drains back up so they can stop using their faucets until a plumber clears the clog. The neighbors below you should be available when the plumber arrives so they can verify the clog was actually cleared and not just pushed further down the plumbing lines affecting more plumbing.
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Provide Emergency Contact Information. All owners should provide their emergency contact information to the Association’s Management Company. If you are renting your unit, you are required to complete a Tenant Registration Form, and submit this to the Association’s Management Company immediately. If you need a blank Tenant Registration Form, please do not hesitate to contact the Management Company. You, as the property owner, are fully responsible for keeping the Association (in care of its Management Company) updated on any and all changes in your contact information.
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Responsibility for Damage. If damage or loss is caused by an owner, resident, guest, tenant or invitees of an owner or tenant (regardless of fault), the responsible unit owner shall be liable to the Association for all costs associated with such damage or loss, including but not limited to, the cost of the deductible if a claim is made by the Association against its policy. The Association’s property insurance deductible is currently $10,000. This amount is subject to change. However, the Association reserves the right to forego making a claim under its own policy and instead collect the full amount of the damage or loss from the responsible owner(s) or other individual(s), and/or their respective insurance carriers.
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In the event of a loss, a special assessment may be levied against your account. The Association’s CC&Rs allocates maintenance responsibility of owner maintained components, including but not limited to, the plumbing servicing each unit to that particular unit owner. In the event a unit owner fails to maintain components, which are to be owner maintained and/or covered, the unit owner will be responsible for subsequent damages, and repair costs. A special assessment could be levied against your account for all damages incurred, including but not limited to, repair costs. Further, where the Association’s insurance is utilized, a special assessment may have to be levied against all responsible owner(s). In addition, where the Association’s insurance is utilized, a special assessment may have to be levied against all owners to cover the cost of the Association’s insurance deductible or the increased insurance premiums to the Association due to the Association’s loss history.
Activities Within The Common Areas
It cannot be stressed enough that all Residents must be thoughtful and considerate of their neighbors. General rules of good conduct should be observed at all times. The following are general guidelines that you, your tenants and guests should observe at Crown Bay.
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Safety and Noise. Please use common sense and courtesy in regard to voice levels, unnecessary noises and boisterous conduct. This includes, but is not limited to, televisions, radios and/or other sound emitting devices. Keep the volume at a reasonable level at all times so other Residents are not disturbed. AFTER 10:00 P.M., THE VOLUMES OF ALL DEVICES SHOULD BE SIGNIFICANTLY REDUCED TO KEEP FROM DISTURBING OTHER RESIDENTS.
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Damage Caused by Resident/Third Parties. Please take due care when using the Common Area and Association Property. Owners will be responsible for and bear all costs of repairs and/or replacement for any damage to the structural components of the Building, recreational facilities, equipment, or any other Association Property or Common Area, if it is determined that the damage was caused by the Owner, their guests, employees, contractors, invitees, tenants or tenant’s guests, visitors and or invitees, or any other occupants.
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No Storage. No Resident may store or place anything in the Association Property or Common Area at any time. Any items found that appear to have been abandoned or stored within such areas are subject to removal by the Association. The Association will not be responsible for any damage to, or loss of, any personal property left in any Common Area or Association Property. Common areas include but are not limited to parking garage areas, parking spaces, stairwells, hallways, etc.
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Responsibility for Minors. Residents are responsible for the actions of all minors under their charge while such minors are present in the Common Area and/or Association Property, including, any minors visiting the Condominium Unit as a guest. For safety reasons, minors less than fourteen (14) years of age may not use certain portions of the Common Area or Association Property without being accompanied by an adult, including, without limitation, all elevators, gym, corridors, hallways, balconies, courtyard, BBQ area and the lobby. Additional age restrictions that pertain to particular amenities available at the Condominium Unit are provided in the respective sections of this Handbook. For the purposes of this Handbook, the term “adult” shall mean a responsible person of at least eighteen (18) years of age.
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No Obstruction. Obstruction of any portion of the Common Area and/or Association Property, including but not limited to the corridors, lobby, entranceways, or stairwells is strictly prohibited.
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Antennas and Signs. Owners shall only have the right to install antennae and signs in accordance with the provisions of the Declaration, the Architectural Guidelines, and where provided by law.
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Association Property. Each Resident benefits from the equipment and furnishings within the Association Property. Therefore, Residents may not borrow or remove any equipment or property belonging to the Association.
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Solicitation. Residents and/or Third Parties shall not distribute or cause to be distributed any advertising, pamphlet, free newspaper or any other printed matter on or in any portion of the property or Resident’s cars. A community bulletin board is provided in the gym for residential communication.
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Recreational vehicles. Riding skateboards, scooters, or rollerblades is not allowed on any portion of the Association Property. Bicycle riding is permitted from the garage gate to entrance to the lobby only. No leisurely biking is permitted.
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Smoking. Smoking is not allowed in any Common Area or on Association Property. Smoking is permitted within the Exclusive Use Balcony Areas with your neighbor’s consideration in mind regarding smoke, ash, and butts.
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Emergencies. Should an emergency situation occur in the building, building personnel and all other types of emergency personnel have the right to enter your Condominium Unit. Depending upon the nature of the emergency, it may be necessary to use forcible entry. If there is an expense to perform such action, the Owner may bear the cost. Please ensure that you have updated emergency information on file with the Property Management Company.
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Outside Drying or Laundering. Exterior clotheslines shall not be erected, maintained or hung on balconies and/or railings within the association property. Exterior drying or laundering of clothes, towels or any other items on any Exclusive Use Balcony Area, Common Area, or Association Property is not permitted unless they are beneath the railing.
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No Access to Amenities. The amenities at Crown Bay are only to be used by Residents and their guests. An Owner’s right and privileges to use the amenities transfers to a tenant upon the commencement date of a lease agreement. Except to the extent necessary to enforce its rights under the lease agreement, an Owner no longer has any rights to use the Common Area or Association Property at Crown Bay during the entire time its Condominium Unit is leased to another person(s). Notwithstanding the foregoing, if an Owner continues to reside in the Condominium Unit with its tenant, this restriction will not apply to such Owner. Any Owner that continues to reside at the Condominium Unit with their tenant (such as in a roommate situation) retains all rights and privileges to use the amenities at the Condominium Unit.
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Guests. All guests must be accompanied by the hosting Resident while using any of the amenities at Crown Bay. Any damage caused to any Common Area or Association Property by a Resident’s guest(s) will be the responsibility of such Owner.
Access Procedures
Crown Bay is equipped with controlled access doors and an access device system, fire monitoring and fire-life systems and related building improvements. The access device system allows Residents to access certain portions of the Association Property, including the Parking Garage gate and the recreation facilities (courtyard and fitness room). Even with this technology, no building has completely secured facilities and no warranty is made or implied as to safety. It takes the vigilant observation and prompt action of the Residents in order to prevent accidents, unauthorized access and failure of these systems. No Resident is permitted to lend its access device to another person for any reason. Please report any observed condition and violations promptly to the Property Manager. Lost or stolen access devices should be reported within 24 hours of realization of the loss. Devices not found within 1 (one) week of loss will be permanently deactivated and the member will be responsible to replace the device.
Association property entry/exit gates and doors are to be kept closed and in a secure, locked position at all times except when in use. Forcing gates and doors apart is prohibited. All residents, guest, contractors, other personnel or third party are not allowed to keep gates and doors propped open even for very short periods of time. Any person (including, but not limited to owners) may not hold "open houses" for the sale of any Condominium Unit without observing standard access procedures and escorting prospective buyers to and from the applicable Condominium Unit.
Each Owner shall initially be issued no more than two (2) key fobs (i.e. a small hardware devise with a built-in authentication mechanism that will allow you access into the common areas) for a one-bedroom Condominium Unit and no more than four (4) key fobs for a two-bedroom Condominium Unit. If an Owner requires additional fobs for his/her Condominium Unit, he/she must submit a request, in writing, to the Board. The request must include the Owner’s specific reason for requiring additional fob(s) for his/her Condominium Unit. The Board will have the sole discretion as to whether or not to issue additional fob(s) to the Owner. However, if an Owner loses his/her fob or the fob is broken, replacement fobs may be issue by the Board, upon the Owner making a specific request to the Board (in care of the Association’s Property Management) for a replacement fob. The owner must pay the cost incurred for issuance of a replacement fob due to a lost fob.
Only Owners will be provided with a door access code into the building for the applicable Condominium Unit. If the Condominium Unit is lease or rented, it is the Owner’s responsibility to convey the door access code information to their tenant(s).
Owners shall be ultimately held responsible, with respect to whom they provide the fob(s) and the door access code attributable to their Condominium Unit. Owners and their tenants should not release the door access code to the building or the fob(s) for their Condominium Unit to any person, other than authorized resident of their Condominium Units. The door access code and the fob(s) should not be released to any third party non-resident including, but not limited to, contractors or vendors, etc.
The door access codes are changed intermittently and the fobs are subject to deactivation by the Association, from time to time. Therefore, it is of critical importance that the Association has an Owner’s most current contact information (i.e. mailing address and telephone number) on file with its Property Management Company, in the event the Association needs to reach an Owner.
In the event any loss or damage is caused by third parties who have gained access into the building, or who have been given a fob or the door access code by an Owner or tenant (or the tenant’s guests or invitees), the Owner (to whom the fob or door access code is attributable) shall be fully liable to the Association, for all loss or damages caused (including, but not limited to, damage to Common Area). The Owners shall be fully liable for such loss or damages, regardless of the Owner’s fault. The Association shall pursue the Owner (to whom the fob or door access code is attributable) for full reimbursement (for damages, cost of repairs and all other expenses) and/or indemnification, in accordance with the Condominium Unit, Documents and California law.
The Association, the Board and the Property Manager do not and will not assume any risk for injury, loss or damage of any kind, directly or indirectly resulting from, or connected with, a Resident’s issuance of keys or access devices to cleaning personnel, employees, visitors, etc.
Insurance
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Conduct Affecting Insurance. Residents shall not do or keep anything in any Condominium Unit, Exclusive Use Balcony Area, the Common Area or the Association Property that will increase the rate of insurance without the approval of the Association that would result in the cancellation, suspension of insurance or which would be in violation of any law. An Owner who is responsible for an increase in the rate of insurance on the Common Area or Association Property shall be personally liable for the cost of the additional insurance premiums. In cases where a Resident, tenants (or the tenant’s guest or invitees) other than an Owner, causes such additional premiums all cost shall be charged to the applicable Owner. Please refer to the Declaration for information regarding Association and Owner insurance requirements. If you have further questions, please contact the Property Manager or your insurance agent.
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Requirements for Owners. Each owner is obligated to maintain liability insurance for their unit for any liability arising out of the owner’s or tenant’s use or loss of use, of the property and the owner is obligated to maintain insurance covering the Condominium Unit and its contents. Additionally, each unit’s tenant must maintain personal content (personal property) insurance on the contents within the unit. The Association’s insurance policy does not provide insurance for any personal property in the unit, upgrades to the unit or personal liability for any owner or tenant.
Offensive Conduct & Nuisances
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No Dumping. No person shall discharge into the Condominium Unit’s sewer system or storm drain any toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, welfare, violate any law, subject any Resident to liability under state and federal law for any clean-up or cause injury or damage to neighboring property or business elsewhere on the Condominium Unit. The disposal of such pollutants and materials into a storm drain system may result in significant penalties and fines. Residents may be held responsible for any activities by their contractors (e.g., painters) who dispose of such pollutants from your Condominium Unit into a storm drain system. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemicals must meet all federal, state, and City requirements and requirements of any other governmental agencies having jurisdiction over the Property. Residents are encouraged to consult with the City, and other governmental authorities, concerning the proper disposal of any toxic or hazardous materials. Dumping any such materials into sewers, gutters or storm drains is against the law.
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Nuisances. No noxious or unreasonably offensive trades or activities shall be carried on upon any Condominium Unit, common area or in any part of the property, not shall anything be done thereon which may be or may become an annoyance or a nuisance to, or which may in any way interfere with the quiet enjoyment of any of the owners of their respective Condominium Unit, or which constitutes a violation of any law, ordinance or regulations, now or hereafter in effect. , imposed by any governmental entity having jurisdiction over the property or which shall make it impossible for the association to carry insurance required or reasonably deemed to be necessary by the Board, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. To the extent any such activity by an owner increases the rate of insurance for the property; such owner shall be responsible for paying to the association such additional cost. Each owner shall promptly and fully comply with any and all applicable laws, rules, ordinances, statutes, regulations, and requirements of any governmental agency or authority with respect to the occupancy and use of any Condominium Unit.
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Odorous Matters. No person shall omit odorous matter upon or about the association property in such quantity as to be readily detectable outside the physical boundaries of the space within such Oder is generated.
Residential Condominium Units
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Residential Use. The Residential Condominium Units are to be used for residential purposes. Please refer to the Declaration for more information regarding the types of uses that are considered to be residential.
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Balcony Areas. Exclusive Use Balcony Areas are to be used as outdoor living areas containing patio furniture and other similar outdoor furnishings, equipped with protective leg caps or other devices to prevent damage to the floor. The following are additional guidelines that apply to all balconies that must be observed at the Building:
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Changing or altering the surface of any Exclusive Use Balcony Area requires the prior written approval of the Association. This includes, without limitation, attempting to the install of any type of new flooring surface, installation of tiles, carpet or artificial turf on balconies is strictly prohibited as it may adversely impact the balcony drainage and cause damage to the building surfaces and building systems or flooring material, such as carpet and artificial turf.
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The interior glass surfaces of a Resident’s balcony must be kept clean.
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No puncturing or other damage may be done to the water-proofing material of the balconies. No improvements or decoration may be nailed, bolted, or otherwise attached to the floor, walls, or any portion of a balcony.
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Existing drainage patterns on balconies should be maintained and all drainage systems must be kept free of debris and free flowing.
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No vegetation should extend beyond the railings, fences, walls and/or boundaries of a balcony. Plants displayed on balcony should be in healthy condition and pots in good condition. Dead plants should be properly disposed off.
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Potted plants should not be placed in a position on any balcony that will block any drains or obstruct drainage patterns. NO potted plants should be on the ledge of the balcony.
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No hanging screens, linens, blankets, rugs, swimsuits, wet suits, plants, banners, wind chimes, or other objects may be hung from a balcony.
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No balcony may be used for storage purposes, including, without limitation, the storage of bicycles or surfboards.
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Any patio furniture maintained on a balcony must be harmonious with the color scheme of the exterior walls of the Building. No interior furniture is permitted on the balcony.
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No charcoal barbeque grills or smokers may be installed or used within any balcony. Only gas or electric grills are permitted for use.
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No litter boxes shall be maintained on any balcony.
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Alarms. Any alarm installed or connected in a Condominium Unit shall be the type of alarm that is monitored by a certified alarm company. No alarms that include cameras or components that require installation to any portion of the Common Area of the Condominium Unit are permitted without Architectural Committee Approval. All components of any alarm system must be confined to the interior of a Condominium Unit. Each Resident must keep their service provider updated with such Resident’s contact information so that any alarm set off can be addressed as expeditiously as possible. At least one alternate contact name and number should be provided to a Resident’s service provider in case the Resident cannot be reached. The Association, or any authorized representative of the Association, may enter any Condominium Unit and take all necessary actions to deactivate an alarm if such alarm is not deactivated within a reasonable amount of time. In such event, neither the Association nor such person authorized by the Association will be liable to the applicable Resident for any trespass or damage caused in connection with such entry. Owner will be responsible for any costs that occur when entering the unit.
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Window Cleaning. Except for windows on an Exclusive Use Balcony Area and interior corridor windows facing the courtyard that are accessible from the corridor, the Association will be responsible for window cleaning services for the exterior window surfaces of a Condominium Unit. Each Resident of a Condominium Unit must cooperate with the Association to provide access so the Association may clean the windows. The Association will provide reasonable advance notice to Residents of scheduled window cleaning dates. Each Resident must keep the windows and the interior of glass surfaces within their Exclusive Use Balcony Area in a clean condition as required by the maintenance manual.
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Waterbeds. Waterbeds or other furniture that uses water shall not be permitted in any Condominium Unit. Each Resident acknowledges that substantial damage to other Condominium Units, Common Area and/or Association Property may occur as a result of a violation of this restriction and that the Owner of the Condominium Unit causing such damage would be responsible for all damage.
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Vibrations and Noise. Residents shall not attach to the walls or ceilings of any Condominium Unit any fixtures or equipment which will cause vibrations or noise or unreasonable annoyance or damage to the Residents of the other Condominium Units or to the Association Property.
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Restricted Penetrations. Any Resident installing heavy furniture such as a “Murphy Bed” must comply with certain penetration restrictions as set forth in the Architectural Guidelines. Failure to adhere to such penetration requirements may result in structural damage to your Condominium Unit and/or other portions of the Condominium Unit. Any Resident causing such damage will be liable to the Association and/or other Residents, as applicable, for all resulting costs and losses.
Residential Facilities/Amenities
The amenities available to all Residents at Crown Bay includes, without limitation, elevators, a mailroom area, courtyard, barbecue facilities, and fitness room. The Rules and Regulations for each of the amenities at the association are separated into distinct sections below.
Elevator Use
There are two elevators at the Association property that will provide access to all the floors of the Building. Please do not play with the elevator stop switches. The elevators have been electronically programmed to provide the most efficient service under normal conditions. Holding open elevator doors, pressing order buttons and corridor buttons unnecessarily will cause the service to be less efficient.
As a safety feature, the elevators are programmed to return to the ground floor during an emergency or malfunction. If you are in an elevator when the emergency systems for the Building are activated, the elevator will immediately redirect itself back to the ground floor to allow all passengers to exit. If for some reason, the elevator does not return to the ground floor as programmed or the doors do not open to allow you to exit, use the phone provided in the elevator to call for help. Emergency personnel will come as soon as possible to let you out.
If you are on the ground floor when the emergency systems are activated, DO NOT Enter the elevator for any reason. The elevators are programmed to bring themselves down to the ground floor only once during an emergency and will terminate further service until being reset by the appropriate building personnel. Therefore, you can become trapped inside an elevator during an emergency if you attempt to use an elevator after the elevator has already come down to the ground floor.
Garage and Parking Guidelines
The use of the Parking Garage and the parking spaces located herein are subject to the Governing Documents.
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Parking Garage Access. Each Owner will be issued an access device that opens the automated gates within the Parking Garage. If an Owner leases their entire Condominium Unit, such Owner is responsible to provide access devices to the tenant. The access device system is managed by the Association or one of its service providers. Members are subject to the terms and conditions listed in this handbook and the Declaration.
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Vehicle Parking Spaces Only. All Parking Spaces are to be used for parking vehicles only, and cannot be used for storage, living, recreational or business purposes. No parking is allowed within the Parking Garage that obstructs free traffic flow, constitutes a nuisance or otherwise creates a safety hazard.
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Vehicle Size. Your vehicle must fit completely within your Parking Space and not restrict your neighbor’s ability to park in his or her Parking Space. Oversized vehicles such as limousines and extra large vehicles may not fit in your Parking Space or the Parking Garage and, therefore, it may be necessary to find parking spaces outside the Association property.
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Opening Doors. Please take care when opening your car doors so you do not dent or chip the paint off your neighbor’s car.
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Speed and Lights. All drivers must maintain safe and proper speeds and observe the posted speed limit while driving in the Parking Garage. There may be blind spots present. It is recommended to keep vehicle’s headlights turned on while driving in the Parking Garage.
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Noise. No excessive noise from vehicles or revving up of engines is permitted.
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Oil Leaks. Excessive oil leaks and stains caused by a user’s vehicle will subject the owner of the applicable Condominium Unit fines and/or the cost of cleanup and repairs. Please use and monitor the condition of oil catching and absorbing materials underneath your vehicle to prevent excessive staining. Preventative maintenance of your vehicle will help to alleviate this issue. Costs for cleaning expenses of excessive oil leaks are the responsibility of the Owner of the applicable Condominium Unit.
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No Vehicle Maintenance. Except for the occasional battery jump, or minor safety related maintenance, no working on vehicles is permitted anywhere in the Parking Space or Parking Garage. This includes, but is not limited to, washing, changing oil, light maintenance, etc. All vehicles, motorcycles, and mopeds within the building must be operable, possess a current license and registration. If a vehicle becomes inoperable while parked in the building, the owner of such vehicle must make arrangements to remove the inoperable vehicle as soon as reasonably possible.
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Authorized Vehicles. No vehicles deemed a Prohibited Vehicle in the Declaration are permitted to park in the Parking Spaces. Except for vehicles required for completion of construction or other work initiated/approved by the Association or Owner. No contractors’ vehicles shall be permitted in the Residential Parking Area after the working hours of 5:00pm.
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Recreational Activities. For safety reasons, no skateboarding, roller skating, rollerblading riding, leisurely bicycle riding or playing in any Parking Space or in the Parking Garage is allowed.
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Number of Vehicles. Depending on the configuration of the parking space assigned to a Resident’s Condominium Unit, parking spaces may be tandem parking or a parking space for one vehicle. Only the maximum number of vehicles for which the configuration of a parking space will allow may be parked within such parking space(s). The maximum number of vehicles for tandem spaces is two (2). The maximum number of vehicles for a single space is one (1). A motorcycle, bicycle or any other small-motorized vehicle, such as a golf cart or scooter may be parked in a parking space in addition to an automobile; provided, however, such motorcycle, scooter, etc. will be required to fit wholly within the space and neither of the vehicles parked in the space may violate or cause a violation of any other of the terms or conditions in this handbook. Therefore, parking a motorcycle, bicycle or other small vehicle in addition to the maximum number of automobiles permitted in your deeded parking space is permitted so long as it does not violate any other of the restrictions in this handbook or Declaration. Any vehicle(s) that exceeds the maximum number of vehicles the parking space was designed for or violates another of the restrictions in this handbook may be towed in accordance with applicable laws and/or subject the owner of the applicable unit to fines as determined the owner of the Parking Garage.
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Towing. No vehicle may be parked in any location in the Parking Garage other than within the Parking Space assigned to the applicable Condominium Unit. No vehicle can obstruct free traffic flow, constitutes a nuisance or creates a safety hazard. Residents may notify the Property Manager or the appropriate party as designated by the Property Manager, if an unauthorized vehicle is parked within a Common Area, obstructs free traffic flow, constitutes a nuisance or creates a safety hazard. If an unauthorized vehicle is parked within a Resident Assigned Parking spot, the Owner of the applicable parking space has a right to have the vehicle towed at the vehicle owner’s expense.
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Car Alarms. Vehicle alarms that do not automatically go off after a short interval are not allowed. If a car alarm continues to go off after a reasonable amount of time, the Property Manager or the Association may, at the vehicle owner’s expense, hire a locksmith and take whatever action necessary to stop the noise from occurring.
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Disabled Parking Space. There are only two Parking Spaces in the Parking Garage designated for use by disabled persons (“Disabled Parking Spaces”). Only a disabled person and associated vehicle registered to disable person who has a license plate or disabled placard issued and displayed on the vehicle by the California Department of Motor Vehicles may use the designated spot. Use of disabled spaces is at a courtesy for our Owners, Tenants and Guests. Due to the need to accommodate multiple persons who might have need of the disable space, the Association has limited disabled parking for any one vehicle to 72 hours of continuance use of either space. Please do not use the disabled space to permanently store a vehicle From time to time, the Association has the right, to permit assigned workers for the association to temporarily park in the Disabled Parking Spaces if a space is available. For those assigned workers, they must display their organization clearly.
There is no guarantee that a Disabled Parking Space will be available to a disabled Resident or guest at any time. Please be considerate to your fellow members since at any one time, there are several disable persons who own or lease in our community.
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Fire Lanes. There is no parking in the fire lanes located within the building. Any vehicle parked within a fire lane may be towed without prior notice in accordance with all applicable laws.
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Visitor Parking. There are no visitor parking spaces at Crown Bay.
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Sales/Lease or Exchange of Condominium Unit. If an Owner leases or sells their entire Condominium Unit, such Owner must notify the Association and transfer the access device issued to the applicable Condominium Unit to their tenant/buyer. New buyers must pay the normal assessed fees for new access devices. Upon issuance of a new access device for a new owner, all previous devices associated with the unit will be deactivated.
Courtyard (2nd Floor) and Barbeque Courtyard (5th Floor)
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Hours of Operation. The Courtyard and Barbeque Areas are available for Residents and their guests, on a first-come basis, between the hours of 8:00 a.m. to 10:00 p.m. daily.
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Minimum Age Requirement. For safety reasons, persons under the age of fourteen (14) using the Courtyard and Barbeque area must be accompanied by a responsible adult (person 18 years or older).
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Nuisances. Be considerate of your neighbors while using the Courtyard and Barbeque area. Keep all noise and conversations at a reasonable volume to avoid causing unnecessary disturbances to others.
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Grill. A gas grill is available on the 5th floor Barbeque Area for the use and enjoyment of all Residents and their guests. The gas grill is available on a first-come basis. For safety reasons, persons less than fourteen (14) years of age at or near the grilling area must be accompanied by an adult (person 18 years or older). After each use, the gas grills must be turned off, cleaned and the surrounding area must be cleared of all trash and personal property. For safety reasons, a person under the age of 18 should not be using the grill themselves. Any additional grills used by an owner, must be either gas or electric. No charcoal grill is permitted.
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Association Use. The Association shall have the right to restrict access to the Courtyard and Barbeque area for certain functions or special maintenance.
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Reservations. The Barbeque area can be reserved through the Association Website or through the Property Management Company.
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The following additional rules shall apply to Residents and their guests.
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The Resident is, at all times, liable for the conduct and actions of their guests, including, without limitation, any violations of the Governing Documents and all applicable laws and regulations.
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All persons using the Courtyard and Barbeque area do so at their own risk. Neither the Association nor any personnel of the Association will be responsible for any injury or liability that arises out of the Resident’s use of the Courtyard and Barbeque area.
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No door, including the lobby entrance door may be propped open, even temporarily to provide access to the Building. Guests must call/contact the Resident upon arriving to request access to the Building.
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No items or decorations may be attached to any portion of the Courtyard and Barbeque area, including the floor surface and walls.
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The Property Manager or other person authorized by the Association will have the right to restrict use of the courtyard and barbeque areas if in such party’s opinion the Resident or Resident’s guests are too disruptive.
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No alcoholic beverages may be served by or served to any person under the legal drinking age of twenty-one (21) years of age. The Resident is responsible for any and all alcohol consumption in accordance of the applicable laws, including, without limitation liability for damage, personal injuries, fees or penalties imposed by law enforcement due to illegal alcohol consumption and any resulting increase in insurance premiums arising directly from the Resident and resident’s guests use of the Courtyard and Barbeque area.
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Fitness Room
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Hours of Operation. The fitness room is available 24 hours a day unless otherwise indicated.
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Liability. All persons using the fitness room and the equipment therein do so at their own risk.
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Electronic Devices. All musical devices must be battery operated and must be isolated to a user’s personal space with headphones at all times. TV volume should be kept at a reasonable level to avoid disturbing others working out. Please turn off the TV when you depart if you are the last person in the fitness room.
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Cellular Phones. If you receive a call, as a courtesy, you should exit the fitness room and conduct your conversation outside the fitness room or in the conference room up the stairs. Under no circumstances, may the camera or video recording function on a cellular phone be used in the fitness room.
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Age Requirement. For safety reasons, Minors under the age of fourteen (14) may not use the fitness room unless accompanied by an adult (person 18 years old or older). Manufacturer restrictions with respect to limiting the use of equipment to person of certain minimum age must be complied with at all times.
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Towels. No towels are provided. All Residents must supply their own towel. All equipment shall be wiped down after each use. The Association does provide sanitary clean wipes in the fitness room.
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Equipment Use. All equipment is to be used as intended. All machinery and equipment is available on a first-come basis. Please be considerate and limit use of a particular piece of equipment to thirty (30) minutes if someone is waiting for the same machine.
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No Storage. No personal property may be stored or left unattended in the fitness center. Any items left in the fitness room unattended will be removed without notice or reimbursement to the owner.
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Food/Drinks. No glass containers or food are allowed in the fitness center. Water and other liquids are permitted but must be in a plastic, sealed container.
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Personal Fitness Instructors: Residents can have their personal Fitness Instructors in the fitness area during their particular workout. However, please be considerate to others during this workout time.
Animals
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Maximum Number. No more than one (1) pet or up to two (2) approvals by the board. The Association has the sole right, in its discretion, to ban any so-called “aggressive breeds” such as Pit Bull or Rottweiler.
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Declaration Restrictions. Pets may only be kept within the association property if such pets are kept in compliance with the restrictions set forth in the Declaration and the association’s governing documents. No animals may be kept, bred or raised for commercial purposes, or, as determined by the Board, in unreasonable numbers.
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Owner’s Liability. Each pet owner shall be absolutely and solely liable to other Residents, third parties, Commercial Occupants, and any of their guests, for injury to persons or damage to property caused by such pet. Additionally, any damage to the Common Area or Association Property caused by a pet will be repaired or replaced at the pet owner’s expense, including, without limitation, claw marks, urine stains, scratches and marks from your leash rubbing on the corner of walls, etc. The owner of the applicable unit at attributable to the pet is also responsible for all damages.
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Registration. All pet owners must comply with all applicable license and health requirements mandated by the City and/or County for each pet maintained at Crown Bay. All dogs must wear a current license tag and all cats must wear an identification tag with its owner’s name and number at all times. Loose, unattended pets and/ or pets found without a license or identification tag may be reported to the local Animal Control for pick-up. During the annual owner registration, please note the number and type of pets you have in your Condominium Unit.
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Leash Use. All dogs and cats must be on a leash or carriers at all times when traveling through the Common Area and Association Property. If a retractable/extendable leash is utilized, such Resident is required to lock the leash or hold the leash not to extend beyond your personal space. If the owner of the pet is found in volition, fines may be imposed. Further the owner of the unit is subject to a fine set forth in the fine schedule of this document.
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Waste Clean-Up/Disposal. No pet owner shall allow his or her pet to deposit fecal matter or urinate within any portion of the Common Area or Association Property. Fecal waste deposits made by pets on any Common Area or Association Property must be promptly cleaned up by the owner of the pet. If it is left, the owner will be subject to a fine set forth in the fine schedule of this document. Waste must be put in a tightly sealed plastic bag before being disposed of. Using paper bags to dispose of any pet waste is strictly prohibited. All pet owners must take their pet to the public street or other area wholly outside the Building to urinate, etc.
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Prohibited Waste Disposal. To avoid odors in the Common Area, no pet waste may be disposed of in any trash receptacles provided in the Common Area or Association Property. Whenever possible, deposit your bagged pet waste in the dumpster in the main trash room. IN NO EVENT SHALL PET WASTE BE DISPOSED OF THROUGH THE DRAINAGE SYSTEM FOR THE CONDOMINUM OR TOSSED OVER THE BALCONY OR ANY OTHER EXCLUSIVE USE EASEMENT AREA.
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Bathing. No animal shall be bathed, at any time, within any Common Area or Association Property.
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Prohibited Areas. Pets are not allowed in the fitness room.
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Balconies. Structures for the housing or confinement of any bird or other animal (i.e. cages, kennels, etc.) may not be stored on any balcony as living quarters for the animal. Any Resident, who allows a pet access to its balcony, must avoid allowing its pet to urinate or deposit fecal waste in such area. If an “accident” does occur, all pet waste must be removed immediately to avoid odor and unsightly staining.
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Exceptions. Human assistance animals, such as Seeing Eye dogs, are exempt from rules that interfere with their duties. Notice of any exemption claimed by a Resident should be sent in writing to the Board in a timely manner.
Fire Safety Devices
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Smoke Detectors: Each Resident is responsible to maintain the smoke detectors in his or her Residential Condominium Unit. As part of this maintenance, Residents should replace all smoke detector batteries regularly.
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Fire Sprinklers: Each Resident must take care not to harm damage or unnecessarily activate the fire sprinklers installed in his or her Condominium Unit. The fire sprinklers are heat activated and permitting high heat, steam or burning in the vicinity of a fire sprinkler may cause it to activate, potentially causing extensive damage to your Condominium Unit, your personal property, the Common Area, the Association Property, and the residences adjacent to and below yours. Tampering with the fire sprinklers is strictly prohibited. Except for periodic dusting you should never touch or allow anything else to touch the fire sprinklers. In particular, you are not allowed to have any item hanging from the fire sprinklers, including, without limitation, plants, laundry, posters or other objects. You should also not tie string, floss, wire or any other material on, around or across any portion of a fire sprinkler. Nothing should be stored within eighteen (18) inches of a sprinkler head. Painting or covering fire sprinklers or fire sprinkler heads is strictly prohibited.
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Fire Alarm System: Residents and their guests are prohibited from tampering with the fire alarm system which includes: smoke detectors, heat detectors, flow switches, and tamper switches, etc. Disconnecting any part of the fire alarm system is against the law and will affect the operation of the horns in the other Residences in the Condominium Unit. If you notice anything irregular about the fire alarm system in the Condominium Unit, you should notify the Property Manager immediately.
Holiday Decorations
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Acceptable Timeframe. The acceptable timeframe for winter holiday decorations for Residential Condominium Units is from the day after Thanksgiving until January 15th. All other decorations must be displayed no more than seven (7) calendar days prior to the day of the holiday, and must be removed within five (5) calendar days after the holiday.
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Location. Holiday decorations must only be displayed from within their Condominium Unit or Exclusive Use Balcony. No Resident may place holiday decorations in the Common Area, Association Property structures or other any other area. Residents may not puncture or damage any portion of its exterior of the Building in any way, including, the surfaces and walls of any Exclusive Use Common Area to hang or display decorations.
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Front door decoration: A single holiday decorative item may be hung on an over-the-door hanger to display item on main entry door to their individual Condominium Unit.
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Lights. All holiday lighting must have a “UL” or comparable rating. Outdoor lights must be designed for outdoor use. All lighting must be hung in a professional manner consistent with a first class mixed-use Condominium Unit.
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Trees. All trees must be wrapped or bagged in plastic when being carried though any Common Area or Association Property. If any tree needles fall on the parking garage floor, lobby floor, elevators, corridors, the Resident is responsible for cleaning up the debris.
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Disposal. Holiday decorations, including but not limited to holiday trees, may not be disposed of in the dumpster at Crown Bay. All such disposal will be as directed by the Property Manager or on an individual basis. The Association has the right to charge any costs incurred for such disposal.
Rental of Residential Condominium Units
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Rental: An Owner is entitled to lease his/her Condominium Unit for a term of not less than thirty (30) calendar days. All rental agreements and leases shall be subject to the provisions of this Handbook and all other Governing Documents. Owners shall be responsible for violations of the Governing Documents by occupants of their unit, visitors, guest, tenants or tenant’s visitors, guest, invitees.
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Property Manager Notification. All Owners who lease their Condominium Units must submit a signed copy of the lease, names and contact numbers of their tenants to the Property Manager within 10 days of signing the lease.
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Written Lease or Rental Agreement: Any rental or leasing agreement shall be in writing, shall provide that the lease or rental is subject to the Governing Documents and shall provide that any failure to comply with any provision of the Governing Documents shall be a default under the terms of the lease agreement.
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Compliance with Governing Documents: A copy of the Governing Documents, including this Handbook must be provided by the Owner to each tenant at the time possession of the unit is taken by the tenant. The leasing Owner shall, at all times, be responsible for their tenant’s (as well as tenant’s visitors, guests and invitees) compliance with all of the provisions of the Governing Documents, including this Handbook.
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Insurance. All Owners should ensure their tenants maintain the appropriate renter’s insurance in sufficient amounts to cover the cost of replacement of all such tenants’ personal property and liability at the Condominium Unit during the entire term of their respective lease agreements. Since each insurance carrier may vary in policy, it is each Owner’s responsibility to obtain the appropriate type of insurance for such Owner’s Condominium Unit while it is leased and that the form of such insurance, including all coverage amounts, complies with such Owner’s obligations under the applicable Governing Documents. Depending on the insurance carrier, an Owner may be required to change their property insurance coverage to a commercial or other type of business policy as dictated by such Owner’s individual insurance carrier. Neither the Association, nor the Property Manager, may advise you on such matters. It is suggested that owners discuss loss of rent or displacement insurance with their agent as the Association’s policy does not maintain such coverage.
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Association Amenities. If you fully lease your Condominium Unit then your rights to use the amenities in the Association is transferred to the tenant. An Owner will not have personal use privileges upon fully leasing their Condominium Unit.
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Timesharing. No Condominium Unit may be divided or conveyed on a time increment basis of measurable chronological time periods. There shall not be any agreement, plan, program or arrangement under which the right to use, or occupy or possess the Condominium Unit rotates among various persons, either corporate partnership, individual or otherwise, on a periodically recurring basis for monetary or like-kind use privileges.
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Assessments and Voting Rights. The owner is responsible to the assessments imposed by the Association. Tenants have no voting rights in the Association.
Resale/Rental and Real Estate Professionals
All Owners are responsible for assuring that any real estate professional(s) retained to assist an Owner with the sale or lease of its Condominium Unit is fully aware of, and comply with the terms of this Handbook and other Governing Documents.
Open houses are authorized by the Board. The Real Estate agent is responsible for keeping the lobby doors closed and must escort any potential buyers to and from the property that is for sale and is participating in the open house.
No signs, flags, banners, or the like advertising the sale or lease of a Condominium Unit may be displayed within any Common Area. However, certain signage may be displayed from within a Condominium Unit.
Upon sale of a Condominium Unit, the name of the purchaser and the purchaser’s contact information shall be provided to the Property Manager when escrow is opened for the Condominium Unit. Additionally, a copy of the recorded deed must be delivered to the Property Manager as soon as it is available.
Signage
Owners displaying signs within the Condominium Unit are subject to the parameters set forth in the Declaration and the Architectural Guidelines.
Trash Disposal
To ensure the attractive appearance of the Condominium Unit, all trash or waste must be deposited only in the trash chutes or receptacles maintained for such purposes in the Common Area, Association Property and the Parking Garage. If for any reason the trash chutes are inoperable, trash must be bagged and taken directly to the garbage room located within the Parking Garage. There is access to the trash chutes on each floor of the Building. Never force the trash chute door to shut. The trash chute door shuts automatically after opening. When depositing into the trash chutes, please make certain that all hands and fingers are away from the chute door. Never put your head, arms, hands, etc., inside the trash chute for any reason since another person located above your floor may be depositing trash at the same time. Trash and other debris being sent down the chute are moving at very high speeds and could cause severe injury.
All Residents must comply with the following rules when depositing into the chute:
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All refuse deposited into the trash chutes must be securely bagged and sealed.
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Only small plastic bags are permitted down the trash chutes since paper bags can rip or burst on its way down to the dumpster.
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To avoid bags becoming stuck, no trash bag larger than seventeen (17) gallon bags may be sent down the trash chutes.
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Open containers such as drink bottles, boxes, unsecured plastic bags, and/or reusable garbage cans are also prohibited.
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To avoid obstructing the trash chutes, NO BOXES MAY BE THROWN DOWN THE TRASH CHUTES unless such box is small enough to fit in a normal size trash bag. As a rule of thumb, any box that must be broken down to fit through the trash chute door may NOT be placed down the trash chutes.
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All oversized, heavy or otherwise dangerous items that do not fit through the trash chute opening must be disposed of by the owner/resident and MAY NOT be left in the trash room. Some examples of these items are light fixtures, curtain rods, vacuum cleaners, lamps, etc.
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Compacted trash may not be placed in the trash chutes as the velocity and weight of such trash may damage the interior of the trash chutes and other related equipment.
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Volatile, flammable or hazardous materials may not be disposed of through the trash chutes.
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Wet material stored by the commercial units must be stored in a container designed for such storage. The lid must be closed at all times. Any spillage on the walls or floors must be cleaned up immediately. The commercial unit must have this area scrubbed weekly.
Take care to ensure your trash or trash bags do not leak or cause any type of damage to the floors in the hallways/corridors or other portions of the Common Area and/or Association Property. Residents are responsible for cleaning up any trash spilled in and/or on Association Property and disposing of all trash properly. Any Resident who causes damage or the need for cleanup services from Association personnel will be assessed for such services.
All boxes must be broken down before placing them in the dumpster. Items may not be left outside the trash dumpster areas. If any oversized trash does not fit the dumpster, it is the Resident’s sole responsibility to remove these items from the Condominium Unit or dispose of them properly at its sole cost and expense.
BATTERIES, COMPUTERS OR OTHER SUCH WASTE OF ANY TYPE MAY NOT BE DISPOSED OF IN THE TRASH CHUTES OR DUMPSTERS AND MUST BE DISPOSED OF PROPERLY IN ACCORDANCE TO APPLICABLE LAW.
No contractors or other service providers may use the trash chutes or the dumpsters at the association property. All construction materials must be hauled offsite and be properly disposed of on a daily basis. Costs to remove such materials of any contractors or other service providers obtained by a Resident will be charged the owner of the applicable Condominium Unit.
Maintenance of the trash room shall be shared equally by both the residential and commercial owners. Such maintenance shall include but not be limited to:
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Water based cleaning/scrubbing of the floors and walls at least twice per week or on a schedule determined by the Board or its property manager.
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Pressure/steam Cleaning of the floors and walls on a quarterly basis.
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Trash and recycling bins changed or cleaned quarterly.
Recycling
A co-mingled recycle container is located in the garbage room by the dumpsters for the Condominium Units. Items such as newspapers, light weight boxes and other cardboard products, aluminum, plastic and glass products may be disposed of into the recycle bin. All food storage items must be cleaned thoroughly before thrown into the recycling bins. Recycling is picked up on the same schedule as trash for the Condominium Unit. All schedules are subject to change without notice by the recycling service provider.
Enforcement of Governing Documents
It is each member's responsibility to inform the Association in writing of the address to be used for the purpose of receiving notice, if it is different from the Owner's property address within the Association. Please hand-deliver or send by first-class mail any change in mailing address to the Association's Property Manager. If the Association has not been notified, in writing, of such a mailing address change from a member for purposes of fulfilling notice requirements, notice shall be deemed to have been given by the Association to the address of the condominium/unit owned by such member.
It is the right and duty of each Owner within Crown Bay Owners Association to report, in writing, to the Board Directors any alleged violations of the CC&R's, the Rules and Regulations, or other Association governing documents.
Complaint Form
A written complaint form must be filed by an Owner of Crown Bay Owners Association in order for the Board of Directors to act upon an alleged violation. A complaint form has been prepared for convenience of Owners. A copy of the Violation Complaint-Witness Statement form is attached. The complaint form contains the information needed for the Board of Directors to act upon the alleged violation. Each complaint must cite the name, date, time and nature of the violation and provide a factual statement supporting the charges of the alleged violation. If so requested by the Board, it will also be the responsibility of the person filing a complaint to appear before the Board of Directors to be heard regarding the alleged violation. In the absence of a fully completed complaint by an Owner, the Board may not be able to act up requests for enforcement of the CC&R's and Rules and Regulations. Seated Board Members are permitted submit verbal reports to the management company.
The Board of Directors is authorized to impose monetary penalties and to temporarily suspend certain Owner privileges and impose other appropriate discipline for failure to comply with the CC&R's, Bylaws, and/or Rules Regulations (Governing Documents).
Notice of Hearing
After the Board of Directors has received a written complaint alleging an Owner, an Owner's family member, guest, tenant, lessee, (including, tenant or lessee's guests or invitees), invitee, licensee, resident or other occupant of Owner's unit, or other third person affiliated or associated with the Owner's unit has violated a provision of the Association's Governing Documents, the Board will notify the Owner of the alleged violation(s) and/or may cause Notice of Hearing letter to be sent to the accused Owner. The notice will state the date, month, and year of the alleged violation with specific reference to the alleged violation. The notice will also give the date, time and location when the Owner will have an opportunity to be heard, either in person and/or in writing, by the Board of Directors before any penalty and/or disciplinary action is imposed. The Owner will be given an opportunity to present facts and arguments disputing (a) the alleged violation and/or (b) against the imposition of any penalty and/or disciplinary action. If an Owner fails to take advantage of the opportunity to be heard, the Board will decide the case on the facts presented in the written complaint or on other pertinent oral or written evidence presented the Board of Directors. Any such Notice of Hearing shall be considered duly given when mailed by first-class mail to the last known address of the affected Owner not less than fifteen (IS) days prior to the hearing date.
The Board of Directors will review the complaints of any alleged violations and hear all oral and written testimony at the time of the hearing. The Board then will make a determination as to whether a violation was committed. The Board determines a violation was committed, the Board can impose reasonable monetary penalties and/or disciplinary action against the responsible Owner as provided for in the Association's governing documents.
In the event that the Board determines that a violation has occurred which causes an emergency situation (i.e., creates a hazard or significant damage to person or property has either occurred or is imminent), the Association may, at its option, immediately initiate legal action and/or attempt to cure the violation without notice to the Owner. The Association can specially assess the Owner for the cost to cure the underlying violation. In these types of emergency situations, the Association shall not be liable for any damage caused by its attempt to cure the underlying violation. In addition, upon notice and hearing, the Association may also still impose penalties and sanctions against the Owner as set forth below. Decisions of the Board regarding any alleged violation(s) will be either sent by personal delivery or first-class mail to the Owner within fifteen (15) days of the hearing.
Should the Board find an Owner (and/or his family members, residents, guests, invitees, or tenants, or tenant's guests or invitees) in violation of the Association's Governing Documents (including, but not limited to, the Declaration, Bylaws, Articles and/or Rules), after reviewing the evidence presented at a hearing, pursuant to the guidelines set forth in the Association's Declaration and Bylaws, the Board may in its discretion levy any or all the following penalties and sanctions:
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Monetary fines;
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Suspension of an Owner's (and/or his family members, guests, residents or tenants) right to use the recreational facilities;
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Suspension of an Owner's (and/or his family members, guests, residents or tenants) rights and privileges;
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Suspension of an Owner's right to vote on all Association business;
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Removal of any non-conforming structure or improvement;
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Special Assessment against an Owner for any costs incurred by the Association, including attorney's fees: costs, with respect to the violation.
In the event that an Owner corrects a violation prior to the hearing date, and notifies the Board of this action, the Board may discontinue the proceedings, but is not obligated to do so.
The Rules and Regulations and CC&R's are enforced by the Board of Directors who may assess fines or other penalties for non-compliance. Such fines are levied only against an Owner, even if the violation is committed by Owner's family member, his/her guest tenant lessee (including tenant or lessee's guests or invitees) invitee, license resident or other occupant of the unit or other third person affiliated or associated with the Owner's unit. Owner responsible for their own violations, as well as those violations of an Owner, his/her family member, his/her guest, tenant, lessee, (including tenant or lessee's guests or invitees), invitee, licensee, resident or other occupant of the unit. The fines are collected by including them in the Association monthly bill to the Owner. Non-payment of fine or other penalties will result in the Association exercising any or all of its legal remedies to collect on the debt.
Fine Schedule in General
The Board of Directors may assess fines and/or penalties against an Owner after written notice and an opportunity for a hearing has been provided, and the Board has determined that a violation of the Association's Governing Documents (including, but not limited to the Declaration, Bylaws, Articles, and/or Rules) has occurred or is occurring due to the actions (or failure to act) of an Owner, his/her family members, his/her guest, tenant, lessee, (including tenant or lessee's guests), invitee, licensee, resident or other occupant the unit.
All fines, including special assessments representing the attorneys' fees and costs incurred by the Association in enforcing the Governing Documents, shall be a charge against the Owner's account. Any and all fines shall be billed to the Owner's account at the Association.
Definitions
"Subsequent Offense" shall mean and refer to a repeat occurrence of a violation of the Governing Document that is the same or substantially similar, as decided by the Board, to a violation that the Board had previously determined (through a hearing) was committed by the same Owner, his/her family members, his/her guests, tenants, lessees, (including tenant or lessee's guests), invitees, licensees, residents or other occupants of the unit.
"Continuous Offense" shall mean and refer to violations of the Governing Documents which continue uninterrupted and uncorrected after written notice and the opportunity for a hearing has been provided to the Owner, and the deadline date set by the Board for correcting the violation has expired.
Schedule of Fines
For each violation of the Governing Documents, monetary fines and penalties shall be assessed against an Owner according to the following schedule:
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First Offense or First Notice of Violation: $50.00
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Subsequent Offense or Second Notice of Violation: $100.00
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Subsequent Offense or Third Notice of Violation: $150.00 and/or penalty of $25.00 per day
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Continuous Offense: $25.00 per day
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Violation(s) Creating a Hazard or Emergency Situation (including, but not limited to, propping open or taping open entry doors or exit access gates to the building or garage, or tampering with security equipment): $250.00 to $500.00 per violation
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Violation(s) of Move-In & Move-Out Procedure: $200.00
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Failure to Clean up Animal Feces in Common Area: $500.00
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Christmas tree Disposal: $100.00
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Unleashed pets in Common Area: $100.00
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Leaving a "trail" while taking trash to the trash room: $50 plus cleaning costs
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Short term rental violation (less than 30 days), $2,500.00 first offense, $5,000.00 second offense, third and each successive offense $7,500.00.
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Failing to provide management with a copy your lease with your tenant. Violation fine $100.00 first offense, $250.00 second offense, third and each successive offense $500.00.
Nothing in this section prevents the Board from also imposing other sanctions or a suspension of a member's rights and privileges, as provided for in these Rules and the Association's Governing Documents.
Attorney’s Fees and Costs
Attorney's fees and costs incurred by the Association in enforcing the Governing Documents against an Owner shall become a charge against the Owner in the form of a special assessment.