COROMANDEL
CONDOMINIUM ASSOCIATION
RULES AND REGULATIONS (Rev 7/26/2007)
PREAMBLE:
THE Coromandel Condominium Association has legal
restrictions that a freestanding home does not have. These legal restrictions are outlined in the
Coromandel Condominium Association Declaration and By-Laws. The Declaration and By-Laws give the
governing Board of Managers the authority to further establish rules and
regulations pertinent to the Association.
These regulations supercede any rules and regulations previously adopted
by the Board of Managers.
I. DEFINITIONS
All definitions shall be as per the Coromandel
Condominium Association Declaration, which was recorded in the office of the
Recorder of Deeds of Lake County, Illinois, and as amended from time to time.
II. ARCHITECTURAL CONTROL
In order to maintain the uniform appearance of the
buildings and the integrity of the Common Elements, no unit owner may alter the
exterior or add to the Common Elements (such as statues, lighting, etc.) or
fail to comply with any requirement contained in the Declaration without a
specific written approval of the Board Members.
“Alter” for this purpose means painting or staining
exterior surfaces with any color or adding or removing anything to or from
openings for appliances, sun screens or any additions or changes to existing
plumbing, or electrical. “Exterior” for
this purpose means the exterior surface of a unit. All requests for approval of such revision of
the Declaration must be submitted to the Board of Managers for action at the
next regular meeting of the Board of Managers.
Any exterior alteration or failure to comply with
any requirement contained in the Declaration made without approval of the Board
of Managers may be ordered removed at the unit owner’s expense by the Board of
Managers.
Nothing contained herein shall be construed as an
obligation on the part of the Board of Managers to grant any request for an
alteration or variance. The Board of
Managers may, at is sole option, grant or deny any request for an alteration or
variance.
I. STRUCTURAL IMPAIRMENT
Nothing shall be placed on, or added to the Common Elements,
which would impair the structural integrity of any building or structure
located thereon.
II. GENERAL RULES
A.
No unit owner shall operate any machine such as exercise equipment in
such a manner as to cause an unreasonable disturbance to others.
B.
There shall be no obstructions in the driveways or other portions of
the common elements nor shall ready access to a parking facility, garage, or
entrance to a parking lot be obstructed or impeded in any matter.
C.
No television antennas, radio receivers or transmitters or other
similar devices shall be attached to or installed on any portions of any unit,
common element, or limited common elements without the written permission of
the Board of Managers.
D.
The Condominium Board of Managers shall have the right, at its sole
discretion for aesthetics or other reasons, to require the removal of any items
installed or placed by any dwelling unit owner on any common element or limited
common element.
E.
Carts provided for residents must be promptly returned to the parking
level. Carts should not be sent on the
elevators unattended or left in the hallways.
F.
Registrations of every mortgage lender holding a mortgage or security
interest in any unit shall be on file with the Property Management Company.
G.
Each resident is required to comply with any recycling plan or
ordinance in effect in the
H.
Skateboards are not permitted in any area of Coromandel.
I.
Fishing, boating, swimming in or ice skating on Coromandel lakes or
pond is prohibited.
J.
Smoking is prohibited in or upon any indoor common element, including
lobbies, hallways, garages and elevators.
III. LEASING OF UNITS
All leases of units must be for a term of six months
or longer, and must be in writing. Every
such lease and lease renewal, as and when executed, must be submitted to the
property manager in advance of occupancy by the tenant or tenants. All such leases must contain the following
provisions:
(a)
That the terms of the lease are subject to the Declarations and Rules
of the Coromandel Umbrella Association and the Coromandel Condominium
Association;
(b)
That any failure by the tenant or tenants to comply with the terms of
the Declarations or the Rules of either the Coromandel Umbrella Association or
the Coromandel Condominium Association shall be deemed a default under the
lease which shall be enforceable by the Coromandel Condominium Association; and
(c)
That tenants are prohibited from harboring or maintaining dogs of any
size within their units for any amount of time.
The Coromandel Condominium Association amended the
Declaration on December 6, 2002 to restrict leasing of condominium units. Those Units
that were leased on the effective date of this Amendment, may be leased
until such time as the Unit is sold or otherwise transferred. A copy of any current lease must be on file
with the Board of Managers.
IV. MOVE IN/MOVE OUT POLICY
A.
In the event of a sale or transfer of ownership of any Unit or the
leasing of any Unit, the Property Manager must be notified at least thirty (30)
days in advance of the effective date of such conveyance, mortgage, or lease. Such notice shall include, at a minimum, the
Unit address and number, names of any mortgage holders and the effective date
of the conveyance or lease.
B.
Owners (either prospective or present) must request, in writing, from
the Property Manager, all documents required for a sales closing or
conveyance. Such documents may include
condominium questionnaires, certificates of insurance, and “paid in full”
assessment letters. Such written
requests are to be submitted to the Property Manager, accompanied by an Administrative Charge of $100.00, no
less than thirty (30) days prior to the effective date of the conveyance,
mortgage closing, or lease. (The term mortgage extends to any form of
refinance, home equity loans, etc.)
All requests for refinancing documents must likewise
be in writing and accompanied by an Administrative
Charge of $75.00.
C.
Prior to either a Move In/Move Out of this subject Unit, arrangements
are to be made with the Property Manager to provide the following:
1.
Placement and removal of elevator padding.
2.
Furnishing and retrieval of an elevator key.
3.
Re-programming of the Tele-entry system.
4.
Installation and/or removal on the building directory nameplate.
C-II. Each
party to the change in occupancy will pay a non-refundable Move In/Move Out charge of $100.00. Such charges will be paid in full at the time
that required notice be given to the Property Manager.
C-III. In
addition, each party, to a Move
In/Move Out will pay a refundable Damage Deposit of $250.00 prior to a change in occupancy. Upon completion of a Move In/Move Out, the
Property Manager will inspect the common areas, both inside and outside the
building affected by such move and will determine what, if any, damages or
unreasonable soil has been resulted from the move. In the Property Manager’s sole judgement, all
or part of the “Damage Deposit” will be refunded within thirty (30) days of the
Move In/Move Out date.
C-IV. In the
case of a lease of a Unit, the Unit Owner will be responsible for payment
of all the above listed charges and deposits.
D.
The Unit Owner will be responsible for the actions of and for any
damage or unreasonable soil caused by a moving company and their employees or
any other persons involved in the Move In/Move Out. In the case of the leasing of a Unit, the
Unit Owner assumes responsibility for the actions and any damage caused by the
tenant or other occupant.
In no case will other residents in the building be
precluded from the use of the elevator servicing their unit for unreasonable
periods of time during the Move In/Move Out.
In this way, the Association will be able to absorb
the cost of Condominium Unit ownership charges and maintains true and accurate
records as to ownership or occupancy of all Condominium units at Coromandel.
V. REMODELING OR CONSTRUCTION BY UNIT OWNERS
Prior
to commencement of any remodeling or construction, the unit owner must:
(a)
Advise the Property Manager in writing of the nature of the work to be
done, the dates on which the work will be performed and the name and addresses
of all contractors hired to perform work; and
(b)
Furnish the Property Manager with a certificate of insurance from each
contractor hired to perform work, which said certificate must name Coromandel
Condominium Association, its Board of Managers and the Property Manager as
additional insured.
The
Board of Managers may require further information from the unit owner
concerning insurance on, and construction and engineering of each proposed
remodeling or construction project.
VI. PETS
A.
No animals shall be kept, bred, or maintained for any commercial
purpose.
B.
Any owner or harborer of a dog or cat must register the dog or cat with
the Property Manager. This registration
will include the dog or cat’s photo and owner’s name, address, and phone
number.
C.
All pets must be leashed at all times while in building hallways, elevators, garage areas, or on
any outdoor common property.
D.
No pets may be left on common or limited common elements unattended at
any time.
E.
Pet owners walking their pets must have in their possession clean-up
apparatus. Pet owners must clean up
after pets immediately.
F.
No pet shall be allowed to create a nuisance or unreasonable
disturbance or to damage any common property or the property of any other
resident.
G.
A unit owner is responsible for the pet(s) of anyone residing in the
unit. The cost of repairing any damage
caused by a pet shall be assessed to the responsible unit owner.
H.
Pets harbored within a unit may not exceed thirty (30) pounds when
fully grown; provided however, that any pet regularly kept by a unit owner in a
unit prior to May 20, 1999, may continue to be kept by such unit owner in such
unit.
I.
No visiting dogs are permitted, except for Seeing Eye dogs or those
allowed by special request to, and approved by, the Coromandel Condominium
Board.
J.
Any unit owner who has been found to be responsible for more than two
(2) violations of these Rules relating to “pets” shall be deemed to have been
liable for having a pet which caused or created a “nuiscance or unreasonable
disturbance” within the meaning of Sub Article VII, Section 3 (f) of the
Declarations.
VII. BALCONIES AND PATIOS
A.
Balconies and Patios shall not be enclosed or altered in any way.
B.
If use of a grill cover is utilized it must be securely fastened and
black in color. Plastic is not
permitted.
C.
With the exception of grills, nothing else on the patio / balcony may
be covered at any time.
D. Furniture must be maintained in an upright position consistent with its common everyday use.
E.
Any furniture, plants, grills or other items placed on the patio /
balcony may not undermine the safety or aesthetics of the Coromandel Community.
VIII. GARBAGE REMOVAL
All garbage is to be placed
in sealed plastic bags, and if not too large, disposed of via the garbage
chute. In buildings without chutes,
sealed plastic bags must be taken down to the containers on the garage
level. Large items such as packing
boxes, etc., should be taken to the garage level and placed in the building’s
garbage container or on top of the alternative dumpster.
IX. SIGNS
Signs offering a unit, other
property, or service for sale or rent are not permitted. Open house signs are prohibited.
X. STORAGE LOCKERS AND COMMON AREAS
A.
Storage of combustible or flammable objects is strictly prohibited.
B.
No objects are permitted to be stored outside of the storage locker at
any time.
C.
The Association Board of Managers, its agents or employees, will not be
held responsible for loss or damage to any articles stored in locker rooms.
D.
No shoes, boots, boot trays, or foot wipe maps are to be kept in front
of any unit door.
E.
Children are not permitted, for safety considerations, to play or leave
toys on any driveway areas. Toys, bikes,
etc. are not to be left on the common elements overnight. All children’s pools must be drained and
removed from the common elements nightly.
F.
No awnings, sun-shades, canopies, trellises, shutters, radio or
television antennas shall be affixed to or placed in, through or upon an
exterior wall, door, window or roof, without prior written consent of the Board
of Managers.
G.
No signs, notices, etc. will be allowed on the balcony, patio, window
walls or the lawn.
H.
Bird feeders and wind chimes are prohibited.
XI. SEASONAL DECORATIONS
A.
Seasonal decorations shall not be installed any earlier than one (1)
month before and must be removed no later than one (1) month after the date of
the holiday.
B.
No seasonal decorations are permitted except for decorations, which can
be placed on a unit’s door, patio, or balcony.
The Association shall charge any damage caused by the hanging of
decorations to the unit owner.
C.
Decorations that create a fire or other safety hazard will not be
permitted.
D.
Seasonal decorations shall be disposed of in a manner that does not
create a nuisance in the common areas.
XII. LATE ASSESSMENT PAYMENT FEES
Assessment payments are due
and payable the first day of each and every month.
If the assessment payment is
not received on or before the tenth (10th) of each
And every month, a late fee
of twenty-five dollars ($25.00) will be assessed
against the owner.
XIII. GRILLING REGULATIONS
A.
A home fire extinguisher must be nearby to minimize any possible
damage.
B.
Tanks for grills must be in compliance with current ordinances,
including having safety valves, be filled only by properly licensed facilities
or be returned to a reputable exchange location.
C.
Homeowners should test gas connections and valves for leaks. (A small amount of soapy water swabbed onto
the valves and hoses will produce bubbles if a leak is present.) Never use a match or other flame to check for
a leak.
D.
Tanks must not be stored in garage level lockers or inside the
condominium.
XIV. VEHICLES AND BICYCLES
A.
All vehicles of owners or renters must be registered. The Property Manager will provide a sticker,
which shall be placed in the lower left-hand corner of the front window.
B.
Parking spaces may only be rented to other residents of Coromandel.
C.
Speed limit on the ring road is 25 miles per hour. Speed limit inside garages is 5 miles per
hour.
D.
Any vehicle moving within the garage must have its headlights on.
E.
Parking in the garage and designated parking areas is limited to
private passenger vehicles; except for delivery, repair or service vehicles temporarily
present. Private passenger vehicles
include sport utility vehicles and mini vans, provided they do not display
commercial signage and do not exceed full sized passenger sedans in length or
width.
F.
Use of drives, driveways and parking areas for storage of motor
vehicles is prohibited as is overnight parking in the clubhouse parking
area. There shall be no parking of
motorcycles, motor scooters, motor homes, trailers, boats, or other watercraft,
or trucks.
G.
No vehicle shall be parked, maintained, or stored so as to obstruct
passage of other permitted vehicles or emergency vehicles. All vehicles must be parked within the limits
of the underground parking facility, or within marked spaces in the parking
lots, stall or in the driveways clear of driving aisles.
H.
Vehicles are restricted to the parking areas or driveways and garages
of the Condominium Association. There
shall be no parking or routes of passage across any other portion of the common
elements including all turf areas, sidewalks, and fire lanes.
I.
Clean up of any leakage of auto fluid on to the garage floor is the
joint responsibility of the vehicle owner and the owner of the parking
space. If leaking occurs the vehicle
owner and owner of the parking space shall immediately clean affected
area. If leaked auto fluid is not
cleaned promptly; the association may clean the affected area and bill the
owner of the assigned parking space.
J.
Any vehicle that is parked, maintained, or stored in violation of this
section is considered to be interfering with ingress to and egress from a unit
for emergency purposes, or be interfering with ingress to and egress from a
unit for the protection of health, safety, and comfort and welfare of the
respective family residing therein, their respective guest, household help or
other authorized individuals and such vehicle may be removed by the Board of
Managers without notice and at the expense of the vehicle owner.
K.
The Board of Managers may remove any vehicle that is abandoned without
notice to the owner of said vehicle and at the expense of the vehicle owner.
L.
The Board of Managers or its agent, when apprised of a possible
violation of any of the above noted rules may investigate and determine whether
a violation has occurred. If the Board
of Managers determines that a violation has occurred, it may take any or all of
the following actions:
1. Identify or attempt to
identify the vehicle owner and notify said owner of the violation.
2. Identify the unit owner
and/or resident whose vehicle is causing the violation or whom guest or invitee
is causing the violation.
3. Notify the village
authorities, asking that they issue a citation and/or remove said vehicle.
M.
The Board of Managers is authorized to execute a contract with an
appropriate company or individual to effectively remove vehicles pursuant to
authorization under these rules and regulations.
N.
A vehicle entering the garage has the right of way. The vehicle that is leaving the garage is
asked to make way so that the entering vehicle is not required to back up into
traffic.
O.
Children may not use the garage as a playground.
P.
All bicycles must be kept in bicycle storage rooms or personal storage
lockers. No bicycles are to be stored on
balconies or elsewhere in the garage.
XV. ENFORCEMENT
(1.)
OVERVIEW
The following enforcement procedures and remedies
supplement those remedies granted to the Board of Managers, the Condominium
Association, and any Unit Owner under the Declaration and the Illinois
Condominium Property Act.
Before a fine can be imposed for any violation of
the Declaration or these Rules, the Unit Owner will be given notice of the
alleged violation and an opportunity to be heard. The Unit Owner will be informed that he/she
is entitled to a hearing before a fine can be imposed. If a hearing is requested, the Unit Owner
will have an opportunity to confront his/her accuser(s) and may be represented
by counsel.
(2.) Proceedings by the Board
Management or any Resident having knowledge or information concerning any violation of the Declaration or the Rules may request that a violation proceeding be initiated.
- Written Complaint
The complainant shall file a written complaint
containing the following information:
i.
The names, address, and phone number of the complainant.
ii.
The name, unit number, or address of the Unit Owner or Resident who is
alleged to have committed the violation.
iii.
The specific details or description of the violation, including the
date, time, location, etc. of the violation;
iv.
The signature of the complainant; and
v.
The date on which the complaint is made.
- Procedures Upon Filing
of a Written Complaint
A written complaint under the preceding sanction
shall be filed with the Board of Managers through the Property Manager. Thereafter, the Board of Managers or Property
Manager shall notify the alleged violator in writing that such a complaint has
been made, and shall upon request provide a copy of the complaint to the
alleged violator. Such written notices
may not be forthcoming if the defaulting Unit Owner has been given three (3) or
more notices within the preceding twelve (12) months immediately preceding the
first day of default.
If the alleged violation is such that serious,
immediate, or irreparable consequences may occur by delay, the Board of
Managers may elect to forward the matter to the Condominium Association’s
attorney for appropriate action.
The Condominium Association’s attorney, if contacted
regarding the violation, shall send such notices, make such demands or take
such actions as are necessary to protect the interests of the Condominium
Association in accordance with the provisions of the Declaration, By-Laws, and
Rules.
- Request for Hearings; Hearing
If any Unit Owner who is charge with a violation believes that no violation has occurred, he or she shall proceed as follows:
1.
Within ten (10) business days after having been notified in writing
that he or she has been accused of a violation, the Unit Owner must submit to
the Property Manager a written request for a hearing concerning the violation. The Property Manager will forward the request
to the Board of Managers.
2.
Upon submission of such a request for hearing, a hearing will be held
before a panel (hereinafter “Hearing Panel”) duly authorized by the Board, and
composed of Board Members or a committee duly authorized and appointed by the
Board to hear such complaints. The
Hearing Panel shall not include any persons presenting evidence in the hearing.
3.
The hearing shall be conducted no later than six weeks after the Unit
Owner or Resident has delivered her/his written request for such a hearing,
unless the Board determines that good cause justifies a later hearing.
4.
At any such hearing, the Hearing Panel shall hear and consider
arguments, as well as evidence or statements regarding the alleged
violation. Following the hearing and due
consideration, the Hearing Panel shall issue a written recommendation to the
Board of Managers regarding the alleged violation. The Hearing Panel’s decision as to its
recommendations shall be made by majority vote.
Notification of the Hearing Panel’s recommendation shall be made in
writing.
5.
The Board of Managers will receive the recommendation of the Hearing
Panel, and, in its sole discretion, may hear arguments as to whether it should
accept or reject such recommendation.
6.
The Board of Managers will vote to accept or reject such recommendation
and the decision of the Board will be final (subject to the following
paragraph) and binding. Notification of
the Board’s decision shall be made in writing.
7.
The Board of Managers may vacate, reverse or modify its decision on its
own initiative or upon a showing by either party of newly discovered facts or
arguments which could not reasonably have been presented before the Board of
Managers reached its decision. Such requests
by a party shall be made in reasonable time.
8.
Payment of any fines, charges, costs or expenses made pursuant to the
provisions of this section shall not become due and owing until the Board of
Managers has rendered its decision.
If
no request for a hearing is filed within ten (10) business days after the Unit
Owner or Resident has received written notice of the complaint, the Unit Owner
shall be deemed to have waived her/his right to a hearing and also shall be
deemed to have admitted to the allegations in the written complaint. The Board of Managers may then determine the
appropriate sanctions, if any, to be imposed.
The
Board of Managers shall notify the Resident or Unit Owner in writing of its
determination.
- Fines, Costs, and Expenses
If
a violation of the Declaration or Rules is found, the Board of Managers may, in
its discretion, take some or all of the following steps or such other steps as
may be authorized by the Declaration or these Rules:
i.
Assess against the Unit Owner a reasonable fine as well as any
additional costs and expenses, including reasonable attorney’s fees, incurred
by the Condominium Association in connection with the enforcement process.
ii.
Require the Unit Owner to cease and desist from conduct deemed to be
prohibited by the Declaration or Rules.
iii.
Require the Unit Owner to correct any damage or unauthorized condition
of the property for which the Unit Owner has been found responsible, and/or to
pay the costs of any repairs previously made.
Failure
of a Unit Owner to pay any of the costs and expenses or other items provided
above, or to perform any of the repairs or corrective work prescribed above,
shall constitute a separate violation by the Unit Owner. After thirty (30) days without cure, the defaulting
Unit Owner may be subject to any and all legal remedies at the Board’s avail,
including, without limitation, rights to immediate possession of the Unit, to
proceed with judicial sale, or to place a beneficial lien against the owner.
3. Notices
Notices
are deemed served either:
a.
By personal delivery at the time of delivery, or
b.
By mail, in which case such service is deemed to have taken place three
days after having been sent by first class and certified mail – return receipt
requested, postage pre-paid, to the Unit Owner or Resident at his or her
Coromandel address or as he or she shall have previously directed in writing,
provided that either the return receipt has been signed and returned, or the
notice sent by first class mail has not been returned to the Condominium
Association undelivered.
XVI. COROMANDEL CONDOMINIUM ASSOCIATION DRYER VENTING DUCT CLEANING RULE
Dryer
vent ducts that are not cleaned can cause a fire.
The
dryer venting duct, from the back of the dryer to the roof, shall be professionally
cleaned
every three (3) years, beginning in the calendar year 2005.
Proof of cleaning, in the form of a paid
receipt from the vendor who cleaned the dryer venting duct shall be delivered
to the Management Office as follows:
In
2005 the proof of cleaning shall be delivered to the Management Office no later
than December 31, 2005. Thereafter, proof of cleaning shall be delivered to the
Management Office no later that December 31 of the year in which the
professional cleaning is required.
If proof
of dryer venting duct cleaning has not been timely delivered to the Management
Office, as herein provided, a notice shall be written to the owner. If proof of cleaning is not delivered to the
Management Office within thirty days of said notice, the Board will assess a
fine in the amount of $75.00 for each failure by the owner to deliver timely
said proof of dryer venting duct cleaning.
Coromandel
Condominium Association
Board
of Managers adopted rule September 26, 2005
COROMANDEL
CONDOMINIUM ASSOCIATION
WOOD FLOORING
INSTALLATION
PROCEDURES
Procedures
for changing flooring:
1. The sound barrier product must be
approved by the Management Office with a copy of the Purchase Order/Contract
which itemizes the sound absorption material being used along with the
flooring.
2. A copy of this will be made for the
owner’s file.
3. A representative from the Management
Office must be notified of the installation date, which must be Monday through
Friday between the hours of 9:00a.m. and 4:00p.m. and a time will be scheduled
to inspect the installation of the sound absorption material.
4. After the inspection, the Management
Representative will prepare a letter verifying that the material was installed
prior to the flooring being laid.
5. This verification letter will be
attached to the Purchase Order/Contract and placed in the owner’s file and a
copy will be given to the owner. At the
time the unit is sold, this documentation will be transferred to the new owners
file.
Coromandel Condominium Association
Board
of Directors Approved July 24, 2007
Rules and Regulations Regarding the Installation of
Satellite Dishes
In order to keep the
aesthetic appearance of the Coromandel Condominium Association in a good and
orderly manner, the Board has adopted the following rules and regulations:
1.
Any owner
interested in installing a satellite dish one meter or less in diameter must
notify the Board and obtain instructions for installation within seven (7) days
from the date of installation. Satellite
dishes greater than one (1) meter in diameter are prohibited.
2.
Satellite dishes
may only be installed on portions of property within owner’s exclusive use or
control. The Board is requiring
satellite dishes to be installed on the patio or balcony. Any deviations, including on the backside of
the roof or plant beds, must be approved by the Board of Directors prior to the
installation of the satellite dish.
3.
No more than one
(1) antenna of each provider may be installed.
4.
To protect the health,
safety and welfare of the residents, all satellite dishes must be
professionally installed. The unit owner
must provide proof that the contractor is insured and licensed. All wires must be encased in molding which
matches the color of the building. If at
all possible, please attempt to use existing wires.
5.
In order to
protect the health, safety and welfare of the residents and their property the
Board reserves the right to inspect the installation and maintenance of the
satellite dish. The cost of this
inspection may be assessed back to the owner installing the dish.
6.
Once installed,
the owner will be responsible for the maintenance of the dish. If additional cost is required to maintain
the portion of property on which the dish is installed, the Board may assess
this cost back to the unit owner. If it
is necessary for the Association to remove the satellite dish to perform
maintenance, the owner will be advised accordingly.
7.
The unit owner
shall at all times keep the satellite dish in good repair. Failure to do so after five (5) days notice
from the Board may result in the removal of the dish.
8.
The owner shall
be responsible to fund the cost of any maintenance, repair or replacement to
the property resulting from installation of the satellite dish. In addition, the owner must restore the
property to its original condition upon removal of the dish.
9.
The Owner hereby
indemnifies and holds harmless the Board of Directors, the Association, its
agents and members from any and all claims, controversies or causes of action
resulting from the installation or use of this satellite dish, including the
payment of any and all costs of litigation and attorneys’ fees resulting there
from. Owner agrees to be responsible for
any damage to the property or any injury to any individual as result of the
installation of the dish. Upon
installation of the dish the owner must execute the attached hold harmless
agreement.
10.
Upon transference
of the ownership or occupancy of the unit, the Owner shall inform the successor
in title, including any purchaser of Articles of Agreement for Warranty Deed,
or tenant, of the existence of these rules and regulations and the obligations
set forth herein. All obligations herein
shall pass to any successor in interest.
If the transferee is unwilling to assume the responsibilities set forth
herein, and execute a new hold harmless agreement, the dish must be removed
prior to conveyance.
11.
All satellite
dishes shall be constructed in strict compliance with these rules and
regulations. Any deviation from these
rules and regulations without the written consent of the Board of Directors may
result in the dismantling and removal of the satellite dish by the Association without
notice. All costs of removal and
restoration shall be borne by Owner. The
Association reserves the right to levy a continuing and daily fine for each and
every day an unauthorized satellite dish shall remain on the premises after the
Owner has been notified to remove it, or advised to re-install the dish in
conformance with the rules and regulations.
The fine shall be set by the Board of Directors in accordance with
approved guidelines for fines.
Owner(s)
Print Name_____________________________
Signature______________________________
Print Name____________________________
Signature______________________________
Address_______________________________________
City/State______________________________________
Phone_________________________________________
SATELLITE DISH AGREEMENT
This
agreement is entered into this________day of ______2___, by and between________________________(“Owner”)
and the Coromandel Condominium Association, and
The
following recitals of fact are a material part of this Agreement:
1.
The Owner resides
at_______________________,__________,
2.
Pursuant to
Article_____, Section____ of the Declaration of Condominium for the Association
(“Declaration”), no Owner may install a satellite dish on the property without
the written approval of the Association’s Board of Directors.
3.
Section 207 of
the Telecommunications Act of 1996 titled Restrictions
on Over the Air Reception Devices (“FCC Regulations”) prohibits the Board
Members from restricting an Owner from placing a satellite dish that is one (1)
meter or less in diameter on portions of the property in which the owner has a
direct or indirect ownership interest and where the owner has exclusive use or
control.
4.
FCC Regulations
do permit the Board the right to adopt rules governing the placement,
screening, color, etc. of these dishes, provided these rules do not (a)
substantially increase the cost of installation, maintenance or use of the
dish; (b) unreasonable delay the installation of the dish and (c) precludes
reception of an acceptable quality signal.
5.
The Owner desires
to install a satellite dish on the property one (1) meter or less in diameter,
and to comply with all other requirements of the Declaration and policies
adopted by the Association’s Board of Directors.
NOW,
THEREFORE, in consideration of the mutual covenants and obligation set forth
herein and other good and valuable consideration, the receipt and sufficiency
of which is herby acknowledged, it hereby is agreed as follows:
1.
The Owner agrees
to submit to the Board of Directors a completed Satellite Dish Installation
Application (a copy attached hereto and made a part hereof as Exhibit A.)
2.
All satellite
dishes shall be constructed in strict compliance with the approved rules
and regulations. Any deviation from the
approved rules and regulations without the written consent of the Board of
Directors may result in the dismantling and removal of the satellite dish by
the Association without notice.
All costs of removal and restoration shall be borne by Owner. The Association reserves the right to levy a
continuing and daily fine for each and every day an unauthorized satellite dish
shall remain on the premises after the Owner has been notified to remove it, or
advised to re-install the dish in conformance with the rules and
regulations. The fine shall be set by
the board of Directors in accordance with approved guidelines for fines.
3.
The Owner herby
indemnifies and holds harmless the Board of Directors, the Association, its
agents and members from any and all claims, controversies or causes of action
resulting from the installation or use of this satellite dish, including the
payment of any and all costs of litigation and attorneys’ fees resulting
therefrom. Owner agrees to be
responsible for any damage to the property or any injury to any individual as a
result of the installation of the dish.
4.
Upon transference
of the ownership or occupancy of the unit, the Owner shall inform the successor
in title, including any purchaser by Articles of Agreement for Warranty Deed or
tenant, of the existence of this Agreement and the obligations set forth
herein. All obligations herein shall
pass to any successor in interest, or the satellite dish must be removed by the
owner and the property must be restored to its original condition.
5.
Time is of the
essence of this Agreement.
6.
This Agreement
shall be construed in accordance with the laws of the State of
IN
WITNESS WHEREOF, the parties have signed this document on the date set forth
above.
Coromandel
Condominium Association
By:___________________________
Its President
ATTEST:
By:___________________________
Its Secretary
Owner(s)
____________________________
______________________________
COROMANDEL CONDOMINIUMASSOCIATION
Satellite Dish Installation Application
Name:____________________________Date________________
Address:_____________________________________________
Telephone:___________________________
SATELLITE
DISH SPECIFICATION:
COLOR:________________SIZE:__________________
LOCATION____________________________________
INSTALLER:__________________________________________
I/We,
the undersigned, do hereby acknowledge that I/We understand the rule concerning
the proposed installation of the satellite dish. I/We agree to abide by the rule set forth by
the Board of Directors and will be solely liable for upkeep maintenance on the satellite
dish as more fully set forth in the Satellite Dish Agreement.
Date_________________
Signed:____________________________________________
Owner(s)
FOR
OFFICE USE ONLY:
Date
Received:__________________Received by:____________________
Date
Approved:_________________Date Disapproved:________________
Approved
By:__________________Disapproved By:__________________
Final
Inspection Date:__________By:_____________________________
Reasons
for Disapproval:________________________________________
_____________________________________________________________