SASA RULES AND REGULATIONS BOOKLET
I. GLOSSARY OF TERMS:
**all changes in terms/definitions are in accordance with Ohio Condominium Statute, Chapter 5311, effective July 20, 2004.
A. Condiminium Association: The S@SA Homeowners’ Association is a non-profit Ohio corporation acting as an organization of all Unit Owners who have elected to live together in a community setting. The Association is responsible for administering condominium property subject to Ohio code, the Declaration and the Bylaws.
B. Individual Units: All space bounded by the interior surfaces of the perimeter walls, floors and ceilings. This includes everything built and installed for the exclusive use of the Unit Owner, whose responsibility it is to repair. All appliances, painting, wallpaper and furnishings which are improvements to or necessities for maintenance of the interior space are the owner’s responsibility.
C. Common Elements:
(previously known as "Common Areas & Facilities") All areas of the condominium property outside the confines of the individual units, including "foundations, roofs, gutters, downspouts, exterior lighting, cold water for each building, yards, beds, surface walking areas, residential roads, and storage space for rubbish disposal and all repairs and replacements of any of the foregoing."
D. Limited Common Elements/Exclusive Use Areas: Are those parts of the Common Elements designated specifically for the exclusive use by each individual Unit Owner, including walkways, driveways, patios and porches. These elements also include all ducts, plumbing, electrical and other fixtures, and equipment including heating and air conditioning systems and their control devices.
E. Common Expenses: "The Association, for the benefit of all the Unit Owners, shall pay all Common Expenses arising with respect to, or in connection with, the Condominium Property, including, without limitation, the following:
1. The cost of water, waste removal, electricity, telephone, heat, power or any other utility service used for the common areas.
2. Casualty & Liability Insurance
3. Care of the Common Areas
4. Wages & Fees for Service"
5. Other inclusions—see Bylaws: Article 5; section 1
II. UNIT OWNER’S RESPONSIBILITIES:
1. All internal installations of the Unit including, but not limited to: appliances, heating and air conditioning, water tank, outside electrical outlet.
2. Gas, electrical and water services to your unit.
3. All damage or replacement of windows and doors, storm doors(if applicable), including frames and screens, and garage doors (including mechanisms, tracks, springs, cables, locks and automatic door openers. At this time, window washing is the owner’s responsibility. Broken window or damaged doors must be repaired immediately at the Unit Owner’s expense.
4. Watering/Cleaning of Exclusive Use Areas: It is the Unit Owner’s responsibility to water his/her lawn or flowers, although these areas will be treated and cut/maintained by the Association. It is the Unit Owner’s responsibility to clean his/her deck, although the Management Company will provide these services for a cost.
5. Inside spraying for insects is the owner’s responsibility, although, as mentioned above, the Management Company will provide these services for a cost.
6. Property insurance.
7. Paying all condo fees to the Management Company by the first of the month. These fees are considered late by the 11th day of the month, and a dollar a day penalty will be charged.
III. ASSOCIATION’S RESPONSIBILITY: 1. Exterior building maintenance including: "foundations, roofs, gutters, downspouts, exterior lighting fixtures, outside lighting, cold water for each building, yards, surface parking common areas, internal access roadways, walks, and storage spaces for rubbish disposal."
**The issue of whose responsibility it is to maintain and repair driveways is still being debated. Our present Declaration does not specify. This is a problem the Board must address.
2. Common landscaping including pruning, mulching, treating, cutting, replanting and maintaining. Exterior spraying for bees and insects.
3. Trash pick-up and maintenance of all bins, painting and staining of all buildings, painting and staining of common hallways, monthly cleaning of all common buildings, replacement of building and unit numbers and address signs, calcium delivery to eight common buildings and snow removal.
4. Master insurance policy.
IV. COMMON QUESTIONS:
Question: Are owners responsible for any repair and maintenance of balconies and decks or is the Association, which is responsible for other common areas or elements?
Answer: As a general rule, Ohio state law provides that the Association maintains the true common areas while the homeowners maintain the separate interests and the exclusive use common areas. Owners have exclusive easement to use balconies and decks and must maintain and repair these. Decks and balconies are open to the air and are attached to the back of the unit.
Question: I want to install a satellite dish on my property. Am I able to do so?
Answer: New rulings by the FCC as applicable to condominium developments: "A satellite dish can be installed in any property where the satellite dish user has a direct ownership of the land (such as a lot in a homeowner's association) or an indirect ownership and exclusive use of the land (such as a limited common/exclusive use area in a condominium association). Any association restriction that prohibits the installation of a satellite dish in these areas is no longer enforceable. Associations can regulate the installation of satellite dishes in the designated areas as long as the association’s rules do not: (1) unreasonably delay or prevent installation, maintenance or use of the satellite dish; (2) unreasonably increase the cost of installation, maintenance of use of the satellite dish; or, (3) preclude the reception of an acceptable quality signal. These three items are where most of the disputes arise when addressing satellite dish questions" ("Satellite Dish Invasion"; Kaman & Cusimano).
Question: Can I decorate the outside of my condo with brickwork, bushes, colored lights?
Answer: According to the current Declaration: "No Unit Owner shall decorate, paint, or otherwise adorn any patio in any manner contrary to the rules unless he shall first obtain the written consent of the Board." Those rules prohibit the use of colored lights, the addition of any "fences, hedges, canopies, bug zappers, dog houses or runs, plastic flowers (Unit Owners may plant annual flowers in moderation in mulch areas w/out permission from the Board), window air conditioning units, clothing lines. . . " The Declaration further indicates that all draperies or shades in front windows must have a white lining" (Article XI; section 6) No specific restrictions apply to bird feeders, but the Board requests that the number of feeders be kept to a minimum, preferably in back yards only. Should nuisances be created by spilled seed or droppings, the Association will require removal of the feeder(s).
Question: My neighbor is taking up additional parking spaces designated for common use, and parks one of his/her cars on the access roadway. What’s the ruling on this?
Answer: According to the Declaration, "There shall be no obstruction of [common access roadways]. . . There shall be no storing (for a period in excess of twenty-four hours) of any trailers, house trailers, boats, boat trailers or the like w/out the specific consent in writing by the Board….and in no event shall any such items obstruct the use of the Common areas by other Unit Owners. . ." (Article XI; section 5) All unit owners should park their vehicles in their garages; visitors may use the common parking areas. Likewise, all vehicles on the association property must contain current license tags and be operational. Any motor vehicle found in violation of the Rules and Regulations may be towed and stored at the owner’s expense in addition to any other penalty assessment or remedies of the Association.
Question: Are there restrictions to the size and number of pets, and if someone violates these rules, what is the penalty?
Answer: The Declaration states that Unit Owners are permitted no more than two pets per household, and that full-grown dogs must be 25 lbs or under. The Board recognizes the right of owners who have larger dogs at the time of purchase to be permitted to keep these pets, providing that upon the death of the larger pet, if the owner chooses to buy another, he/she will maintain the size restriction. However, no pit bulls will be permitted to remain under any conditions whatsoever. All clean-up and any damage done by said pet to the common areas is the responsibility of the pet owner. Please refer to the section on Enforcement Procedures that is now in effect.
Question: I want to display the American Flag on my unit. My neighbor has a For Sale in his/her window. Who may display what?
Answer: The Ohio state Legislature passed a law in 2005 that allows all residents to display the U.S. flag if the display is within the bounds of local, state, or federal ordinances. (Bush Flag Bill/ H.R. 42) The American flag may be flown from a holder attached to a Unit owner’s garage. Article XI; section 11 of the Declaration prohibits the display of For Sale signs. Past boards have given exception to this ruling over weekends. If a resident wishes to post a "For Sale" sign for any extended time period, he or she must fill out a "Permit to Display" form and send this to the Board Secretary, who will then file this form.
Question: My neighbor regularly criticizes the landscapers, roofers or other vendors doing work for the association. I have also heard this same member berate the Board of Directors for their decisions or actions. What’s the common courtesy ruling for association members?
Answer: Unit owners must not criticize, ridicule, or give work instructions to any maintenance or service contractors. This is simply an administrative procedure to ensure that work is being performed according to contract. The Declaration provides a Nuisance Clause that can be applied to abusive owners. In accordance with this clause, Ohio has also designated laws that apply to various forms of harassment. Ohio Revised Code Section 2917.21(A) (5) states: No person shall knowingly make...a telecommunication if the person receiving the telecommunication has told the caller not to call. Unit owners may not repeatedly call board members and attempt harassment or intimidation, nor may they use public meetings as a forum for this type of abuse.
V. SALE/RENTAL OF CONDOMINIUM UNIT: **Article XX of The Declaration has been amended to state the following:
SALE
1. The Unit Owner must give the Association notice in writing of intent to sell, and provide the name and phone number of buyer to the Management Company.
2. Under the new 18th Amendment, passed by the present Board of Directors, in accordance with ORC 5311.05 (E) (1) & (2), neither the Board of Directors nor the Association may act in any way to hinder the conveyance of a property, nor restrict the sale or refinance of a unit through any mortgage institution, the federal national mortgage association, the federal home loan mortgage corporation, the federal housing administration, the veterans administration, and all such similar institutions. This ruling nullifies the Association’s Right of First Refusal.
3. Although the 18th Amendment nullifies the Right of First Refusal, the Association still has the legal right to initiate action against residents who sell their units with an existing lien or delinquencies. This right is protected by Article X of The Declaration.
4. Each owner is required to provide his/her buyer with a copy of both The Declaration and The Bylaws, and if possible, a copy of the Rules & Regulations Booklet.
RENTAL
1. "For Rent" signs are prohibited.
2. No Unit Owner may rent his/her property for "transient or hotel purposes". This term is defined in The Declaration by 30 days.
3. Units shall not be occupied by more than one single family.
4. Renters must abide by the same rules and regulations as all others, and may be assessed accordingly (through owners) should a violation or damage occur.
VI. COMPLAINT PROCEDURES:
1. All complaints should be addressed to the Management Company first. These may concern a violation of the Rules and Regulations as outlined in this guide, or a situation involving negligence of responsibilities on the part of the Association, the Management Company or other Unit Owners.
2. If within a week’s period of time, no attempt to contact the violator or to correct the violation is observable, the Unit Owner may contact a Board member.
3. The Board will, in most cases, contact the alleged violator after receiving a complaint, and a reasonable effort will be made to correct the violation.
4. If reasonable efforts to effect compliance are unsuccessful, the Unit Owner may be subject to an assessment in accordance with provisions designated in the Enforcement Procedures.
VII. ENFORCEMENT PROCEDURES:
1. The Unit Owner shall be responsible for any violation of The Declaration, The Bylaws, or The Rules & Regulations by the owner, guests, or the occupants, including tenants of his/her unit.
2. If the Board reasonably attempts to gain compliance with the above stated documents and is unsuccessful, the Unit Owner will be subject to an assessment in accordance with the following penalty provision:
A. An assessment of up to, but not exceeding, $50.00 per occurrence may be levied by the Board on any Owner found to be in violation.
B. With reference to the dog issue in particular: any Owner moving into The Summit @ St. Andrews from the effective date of The Rules & Regulations Booklet on shall be charged $250. for the initial size violation, and will incur $25. monthly assessments until such time when the dog has been removed. Any Owner who currently has a pet that is in violation of the size restriction is grandfathered in.
3. Before imposing an assessment for a rule violation, the following procedure will be implemented: A. letter sent by the Management Company
B. Management Company contacts/sends copy of letter to directors
C. an allowable time period for the owner to:
1. take the action needed to stop the alleged violation
2. request a Board hearing to contest the proposed charge and assessment, records of which shall be kept in the meeting minutes