Regulations of the Council
(See also: BY-LAWS & POLICY)
ARTICLE 1: FINANCIAL OBLIGATIONS
Section 1. Budget
Section 2. Collection of Payment from Owners
Section 3. Condominium Fee
Section 4. Assessment
Section 5. Additional Charges
Section 6. Minimum Monthly Payment Defined
Section 7. Method of Payment
Section 8. Late Payment Penalty
Section 9. Overdue Payments
ARTICLE 2: COMMON AREA PRESERVATION & SANITATION
Section 1. Owner Responsibility
Section 2. Use of Common Front Yards & Parking Arena
Section 3. Use of Common Back Yards, Decks, Concrete Patios
Section 4. Pets
Section 5. Sanitation Guidelines
Section 6. Seasonal Sanitation Compliance
Section 7. Deck & Railing Care and Maintenance
Section 8. Personal Landscaping
Section 9. Wood Products & Pest Control
Section 10. Sanitation Fine
Section 11. Trash Pick-up Protocol
Section 12. Recycling Program Protocol
ARTICLE 3: SCHEDULED MAINTENANCE, REPAIR, AND IMPROVEMENT
Section 1. Association Contractors
Section 2. Vehicles & Personal Property Obstructing Scheduled Work
Section 3. Communication of Scheduled Work
Section 4. Non-Compliance Fine
ARTICLE 4: PEST CONTROL APPLICATIONS & INSPECTIONS
Section 1. Reserved Parking
Section 2. Contractors
Section 3. Recreational & Special Vehicles
Section 4. All Motor Vehicles (including motorcycles)
Section 5. Tow Away Zones
Section 6. Moving Day Protocol
Section 7. Washing & Mechanical Work
Section 8. Realtors & Other Hired Representation
ARTICLE 6: ALTERATIONS & ADDITIONS
Section 1. Submission of Proposal
Section 2. Unit Owner Responsibility
Section 3. Expenses
Section 4. Current Alterations & Additions on the Property
Section 1. Leasing Requisites
Section 2. Leasing Proviso
Section 3. Leasing Procedure & Limitations
Section 4. Leasing Violation Penalties
Section 5. Transfer of Lease Contract
Section 1. Commercial Insurance Coverage for Units
Section 2. Professional Contractors Working for the Association
Section 3. Professional Contractors Working for Individual Unit
Section 4. Owner Insurance
Section 5. Landlord Insurance
Section 6. Tenant Insurance
ARTICLE 9: COMMERCIAL USE OF UNITS
ARTICLE 1: FINANCIAL OBLIGATIONS
Section 1. Budget
The Condominium is a form of ownership where property is in common. The Board of Directors prepares an estimated annual budget of the maintenance, repairs, improvements, administration, and services for the common property. The budget is presented at the Annual Meeting of the Association. Owners may request a copy of the current year’s estimated budget from the Association. Each owner is financially responsible for 1/12 of any annual budget.
Section 2. Collection of Payments from Owners
The Association is a managing entity strictly for the common affairs of its member owners. On a monthly basis, the Association collects a specified payment from each owner for the purpose of managing and preserving common property. The Association does not issue monthly invoices. It is the legal obligation of owners to make payments on time, allowing the Association to manage the common assets whose interest is integral to ownership. If an owner has paid late and/or not in full, such owner continues to consume common property and services for which they are in default, thereby adding additional expense burdens to the remaining ownership.
Section 3. Condominium Fee
The Condominium is a form of ownership where property is in common. To pay for maintenance, repairs, improvements, administration, and services for the common property, each individual owner pays regularly into a common fund. The Association estimates an annual budget for common expenses and each owner is legally responsible for 1/12 of the total annual expenses. An owner can pay the annual portion due in its entirety at any time during a fiscal year, or in 12 equal monthly installments. If an owner elects to pay in 12 equal monthly installments, such monthly installments will be considered the minimum payment that an owner can make. Condominium fees are dependent on operation requirements, hence rates can easily change, and it is customary for new rates to go into effect at the beginning of the fiscal year, starting the first of January. However, if budget revisions are needed during a fiscal year, the Board will notify the owners of any fee adjustment.
Section 4. Assessment
The levying of an assessment for all condominium units becomes necessary when unforeseen expenses arise and/or when maintenance, repair, and improvement plans are scheduled and require time to accumulate the sizeable funding to realize their outcomes. The estimated assessment is levied in whole upon each unit and can be paid in its entirety at any time, or in equal monthly installments for the duration of a finite period. If an owner elects to pay in 12 equal monthly installments for a given fiscal year, such monthly installments will be considered the minimum payment that an owner can make.
a. General Assessment: An assessment levied on all units equally.
b. Special Assessment: An assessment equally levied upon more than one condominium unit, but less than twelve.
c. Individual Unit Assessment: An assessment levied upon one condominium unit owner for specific reasons.
Section 5. Additional Charges
Additional charges may be applied to an owner’s account based upon conditions and owner behavior: (a) Entrance Fee, (b) Administrative Fee, (c) Cost of Copies, (d) Rental Fee, (e) Sanitation Fine, (f) Non-Compliance Fine, (g) Late Payment Penalty, and (h) Leasing Violation Penalty.
Section 6. Minimum Monthly Payment Defined
a. Condominium Fees and Assessments for any given month constitute a Minimum Monthly Payment.
b. A Late Payment Penalty will automatically be posted to the account of an owner who has not satisfied the minimum monthly payment balance.
Section 7. Method of Payment
a. Minimum Monthly Payments are made by CHECK or MONEY ORDER and in US Funds.
b. Checks and money orders are payable to Maplewood Condo Association, Inc.
c. A payment may be mailed or hand-delivered to Jabco Realty Management, 722 East Bishop Street, Bellefonte, PA 16823.
Section 8. Late Payment Penalty
a. Minimum Monthly Payments are due the 1st (FIRST) day of each month.
b. If a Minimum Monthly Payment is not paid in FULL by 5pm on the 5th (FIFTH) day of the month, a Late payment Penalty of $35.00 will automatically be posted to an owner’s account. An owner will be charged $35.00 if they meet one of the following conditions:
– Fail to make a minimum monthly payment altogether. Please note that the Association is not responsible for failure of delivery or mishandling by any carrier.
– Payment is made in full after 5pm on the 5th day of the month.
– Payment is made on time, but not in full.
– Payment is made after 5pm on the 5th of the month, and not in full.
– Check or money order cannot be deposited and/or cashed (i.e., signature missing, date missing, non-sufficient funds, etc.,).
c. A postmark on the mailed envelope is proof of payment date.
d. The Board of Directors has no authority to make exceptions to late payment penalty postings.
Section 9. Overdue Payment
a. Each notice mailed for any amount of Condominium Fees, Assessments, and Additional Charges overdue by 30 days shall carry a minimum Administrative Fee of $5.00.
b. The Association reserves the right to collect Condominium Fees, Assessments, and Additional Charges that are overdue by 30 days, by any legal means possible.
c. The cost of collecting overdue amounts will be assessed to the owner.
d. Condominium Fees, Assessments, Additional Charges, and the cost of collections constitute liens on the interest of a unit. Unpaid liens will be reflected in the Certificate of Resale.
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ARTICLE 2: COMMON AREA PRESERVATION & SANITATION
Condominium property values and common maintenance, repair, and improvement expenses are highly affected by the absence of sanitation, uniformity, and neatness.
Section 1. Owner Responsibility
a. Owners are responsible for maintaining their respective condominium unit in good condition, both interior and exterior. Owners are accountable for maintaining a clean and tidy appearance on the exterior front and back areas of their unit at all times. While the Association may provide specific services with regards to maintenance, repairs, and improvements of the limited/common elements, it remains the obligation of owners to keep areas and elements impeccable and arranged well on a regular basis. For example, every unit is provided porch lights, address plate, mailbox, front door and windows, and an owner is expected to wipe grime off such respective items regularly. Likewise, back area decks, fences, and concrete patios must also be swept and maintained stain-free. Hence, while the Association provides an operable ‘nest’, a resident is expected to maintain that nest clean on a regular basis.
b. Owners are also expected to help keep clean the overall common areas belonging to the condominium, and not simply their immediate space. It is a condominium community effort to clean and keep the larger ‘nest’ free of debris (cigarette butts, plastic bags, and the like); owners should pick up and throw such items into the common trash container. Therefore, if an owner makes note of a downspout out of place, they should correct it and not wait for ‘someone else’ to do so.
Section 2. Use of Common Front Yards & Parking Arena
The common front yard areas and the parking lot arena are not to be used for:
a. Sunbathing and/or generally resting in lawn furniture or hammock.
b. Gathering space for any type of event or party.
c. Playing of games or sports.
d. Cleaning and/or repairing personal effects.
e. Storing or setting up of personal equipment, tools, canopy, construction materials, etc., for the conduct of interior or exterior construction.
f. Displaying and selling of personal effects.
Section 3. Use of Common Back Yards, Decks, Concrete Patios
a. The common back yard areas, along with decks and concrete patios, are not to be used as a storage area, with objects indiscriminately piled and/or covered by tarps.
b. The decks and patios are intended for personal use where lawn furniture and related articles can be neatly arranged and/or displayed.
c. Board permission is required for the storing or setting up of personal equipment, tools, canopy, construction materials, etc., for the conduct of construction. Such request must be for a limited time only and cannot generally interfere with the Association’s maintenance.
Section 4. Pets
a. Animal companions must be properly licensed, as per law.
b. Animal companions must be properly leashed, as per law, when outside on common property.
c. Animal companions cannot be tied to any tree or post on common property.
d. Dog houses are prohibited on the common property.
e. Providing temporary or permanent housing or shelter for an animal companion is prohibited on common property.
f. Dogs are to be curbed only where the Municipal Ordinance allows; the grass areas between the sidewalk and the street (municipal) curb. Curbing means that dogs may eliminate (urination and bowel movements), but feces should be thoroughly picked up and properly disposed of in the available common trash container.
g. It is prohibited for dogs to eliminate anywhere on common property.
h. For damages to common property due to animal urine and feces, owners will be charged the current Sanitation Fine, as established by Section 10 of this Article, as well as the cost of restoring damaged common property.
Section 5. Sanitation Guidelines
To express clarity in regards to definitions of sanitation, uniformity, and neatness, the Association provides SANITATION GUIDELINES. The guidelines are periodically updated and serve to provide boundaries. The guidelines are not frivolous, but rather the result of the Association’s collective experience. Please note that the listing cannot be exhaustive by its nature, and the Association reserves the discretion to fine (or provide a warning to) a unit when a condition contradicts the goal of sanitation, uniformity, and neatness, but may not be expressly listed in the guidelines.
MAPLEWOOD SANITATION GUIDELINES
Section 6. Seasonal Sanitation Compliance
| FALL(by November 30) | WINTER |
SPRING (by March 31) |
SPRING (until May 31) |
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Keep decks free of snow & ice
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Remove compressor cover, shovels, and salt buckets front and back unit |
Keep decks and concrete patios free of tree debris – sweep regularly |
Section 7. Deck & Railing Care and Maintenance
Decks and their railing systems are common property. New decking and railing systems were installed January 2012 with premium materials that require proper care and maintenance. Proper handling is important for maintaining owner warranty. For further information or help on the decking material, please visit WWW.AZEK.COM or call direct @ 1-800-275-2935.
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PERMITTED
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DO NOT USE |
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AZEK DECKING
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FOR Cleaning: It is recommended by the manufacturer that you wash your deck periodically with household soap and water to remove dirt, stains, and debris. Do not allow dirt to accumulate on the surface. | Do not use any cleaners unless you have read this table and/or called Azek directly. What you place onto the deck may invalidate the warranty. |
| FOR Rust Stains: use a toilet bowl cleaner or Simple Green followed up with Mr. Clean Magic Eraser. |
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| FOR Ice Removal: Most products containing calcium chloride can be used without damage. Please check label or call Azek if unsure. Calcium residue should be washed off deck. |
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NON-POUROUS ITEMS (such as…)
Note: may cause surface discoloration |
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Note: contain chemicals that may alter deck surface |
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Note: may discolor, permanently damage |
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| FAIRWAY RAILING | Cleaning: It is recommended by the manufacturer that you wash your railing periodically with soap and water to remove dirt, stains, and debris. Do not allow dirt to accumulate on the surface, as this will eventually penetrate over time. |
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Section 8. Personal Landscaping
Landscape planning and maintenance is the jurisdiction of the Association. Owners cannot add or alter the landscaping.
a. It is prohibited to plant and/or install flowers, shrubs, trees, bed lining, rocks, and the like, anywhere on common property.
b. Personal landscaping applications are subject to immediate removal without warning and at owner’s expense.
c. The Association is not responsible for the destruction of personal landscaping applications on common property.
Section 9. Wood Products & Pest Control
Owners cannot contribute to conditions conducive to wood-destroying insects as follows:
a. Dripping exterior faucets and spigots.
b. Storing wood products or structures (firewood, landscape tie, bench, box, construction material, carton, shelving, wood piles, mulch, etc.,). Such materials are prohibited anywhere on common property as they attract termites and carpenter ants. Such materials will be immediately removed without warning and at owner’s expense.
c. Storing or placing soil or mulch against siding or any other structure on the common property. Such materials create avenues of entry for termites to building structures, and are prohibited.
d. Adding personal mulch to existing beds or creating new ones. Mulching is decided centrally with landscapers where its source is known (some mulch sources contain wood-boring insects) and strategically placed.
e. Owners who contribute to pest problems will be held financially accountable for damages.
Section 10. Sanitation Fine
a. A Sanitation Fine of $15 per occurrence (no yearly limit) will be levied to each unit that does not comply with Code of Regulations, Article 9, Section 2 and 3, and Regulations of the Council, Article 2, Sections 1 to 9.
b. The Association will conduct regular building walk-throughs to check for sanitation, uniformity, and neatness. A fine can be levied at any time of the year, and as many times as needed to remove the offending condition.
c. Any damage to the common property will be repaired at owner’s expense.
d. Unpaid fines will be recorded as liens and stated in the Certificate of Resale.
Section 11. Trash Pick-up Protocol
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TRASH TYPE |
PICK UP DAY |
RULES |
| Regular | Monday & Thursday |
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| Recycling | Wednesday Morning |
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| Large Object | Must call to schedule pick up 814-238-6895 |
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Section 12. Recycling Program Protocol
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EVERY WEDNESDAY starting at 7am |
NO |
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TYPE |
ACCEPTED |
PREPARATION |
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PLASTIC |
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Rinse |
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PAPER |
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Bagged in paper OR Bundled |
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METAL |
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Rinse |
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GLASS |
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Rinse |
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CALL RECYCLE HOTLINE @ 238-6649 FOR A RED RECYCLING BOX |
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ARTICLE 3: SCHEDULED MAINTENANCE, REPAIR, AND IMPROVEMENT
The Association plans and schedules maintenance, repairs, and improvements for the common property. Owner cooperation is mandatory with all scheduled work and related preparation requests made for the duration of projects.
Section 1. Association Contractors
A contractor is a hired employee of the Association whose actions are directed by the Board of Directors.
a. Non-Council members are not permitted to give direction to contractors. They are not permitted to approach contractors and re-direct or otherwise interfere with work.
b. If a non-Council person’s behavior contributes to an increase in contractor costs, a reduction of contractor efficiency, or a contractor’s resignation, such person will be charged according to Section 4 of this Article, plus any additional expenses suffered by the Association and the contractor.
c. Owners are expected to notify the Board if they notice something amiss with a contractor, or the work being conducted.
d. Association contractors will not conduct work for individual unit owners, their guests or tenants.
Section 2. Vehicles & Personal Property Obstructing Scheduled Work
a. The Association reserves the right to tow vehicles and/or remove personal objects left on common property if they have not been removed after an alert has been issued for scheduled condominium maintenance, repair, and improvement.
b. Personal property left astray and/or in the way of labor for the condominium, will be removed without warning and at owner’s expense.
Section 3. Communication of Scheduled Work
In the event of planned absences from the property, it is strongly advised that owners contact the Association for information pertaining to upcoming scheduled projects since such projects may involve preparation requests such as the removal of vehicles, personal effects, or entry to the interior of units. It is advised to leave car/house key with a trusted friend or neighbor that may help with compliance to such requests while owners are away from the property.
a. In advance of scheduled maintenance, repair, and improvement, the Association will alert owners no later than 48 hours prior to the commencement of work on the property, unless there is an emergency, or other scheduling complications.
b. Owners are responsible for communicating all information with regards to scheduled work on the property to their guests and tenants.
Section 4. Non-Compliance Fine
a. A Non-Compliance Fine of $25.00 per occurrence (no yearly limit) will be levied to each unit owner that does not comply with Association instructions/requests in regards to scheduled maintenance, repairs, and improvements. Additional fees may also apply such as, but not limited to, lost contractor time, supplemental contractor fees, differences between lost contract and new contract, towing fees, etc.
b. Unpaid fines will be recorded as liens and stated in the Certificate of Resale.
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ARTICLE 4: PEST CONTROL APPLICATIONS & INSPECTIONS
Maplewood Condominium Association has a comprehensive condo-wide pest prevention and eradication program. Owner participation and cooperation with this program is mandatory, otherwise it cannot be effective at controlling and eradicating pests that cause infestations, disease, and structural damage. Please refer to Pest Control Program for details.
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ARTICLE 5: PARKING
The Maplewood parking lot area is PRIVATE PROPERTY common area designed for a maximum of 24 standard size motor vehicles, hence two per condo unit. Owners are expected to be respectful and follow regulations at ALL times.
Section 1. Reserved Parking
a. The Association assigns each condo unit two (2) residential parking spaces in the common area parking lot.
b. Allotted parking spaces are clearly marked RESERVED, followed by individual condo unit addresses.
c. Your guests, tenants, contractors, and representatives are LIMITED to that space only. Street parking is otherwise available.
d. Parking spaces are not included in any individual property title. Hence, owners cannot trade, buy, sell, or lease parking space.
e. Each unit owner is authorized to tow offending vehicles only from its two (2) reserved parking spaces by calling WALK’S TOWING at 814-238-2886, or another company of choice. Association contractors are exempt from being towed by owners.
Section 2. Contractors
a. Contractors working on behalf of the Association that must park in particular areas of the parking lot due to the nature of their work shall be protected from towing. If towed, the owner shall bear the following costs: non-compliance fine, total cost of the towing, any additional expenses that may be suffered by the contractor and/or Association.
b. Contractors working on behalf of the Association shall have the right to park all vehicles and equipment where it is necessary to perform work for the duration of the project.
c. Personal contractors hired by a unit owner, working on behalf of such unit owner, shall not park their vehicles (commercial or otherwise) in the parking space of the respected unit for any duration of time without the presence of the contractor. Contractor vehicles of any type shall not be parked over night for any period of time, anywhere in the parking lot.
Section 3. Recreational & Special Vehicles
The following vehicles are not permitted to be parked anywhere on common property:
a. Recreational Class A and C vehicles, trailers, pop-up campers, and 5th wheels.
b. Limousines.
c. Oversized moving van trucks (may only be parked temporarily for the purposes of moving – see Section 6).
Section 4. All Motor Vehicles (including motorcycles)
Are to be:
a. Properly licensed and registered.
b. In good working order (no excessive fluid leaks, operational, etc.).
c. Parked only in the common parking lot (on the asphalt) and not elsewhere on common premises.
Section 5. Tow Away Zones
The Association will automatically tow motor vehicles when parked:
a. In tow away zones.
b. In front of the common trash container.
c. Anywhere on common property other than the asphalted parking lot (this includes limited common elements such as patios or grass).
d. Anywhere in the lot after an alert has been issued to move it to the street during scheduled contract work.
Section 6. Moving Day Protocol
a. Small to medium sized moving trucks must park only in the allotted space for the respective condo unit.
b. Over-sized moving vehicles must request permission from the Association to temporarily park in the lot. The Board will frequently request, out of courtesy, the temporary use of other owner’s spaces for the convenience of a move.
c. Owners cannot block parking spaces, exit/entry points, flow, or otherwise, even temporarily.
Section 7. Washing & Mechanical Work
a. The exterior body of any motor vehicle can be washed, so long as soap used is biodegradable and not excessive, and all of it is well washed away to the middle of the parking lot and out into the street. Sufficient water must be used and no washing material residue of any kind should be left behind on the asphalt.
b. Extensive mechanical and/or body work on motor vehicles is prohibited.
Section 8. Realtors & Other Hired Representation
For the events where representatives are hired to show a single condominium unit repeatedly (selling or leasing), it is the owner’s responsibility to inform their hired agents of the parking regulations.
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ARTICLE 6: ALTERATIONS & ADDITIONS
Changes to a condominium unit incite consequences that only the Association is able to evaluate. The Board of Directors is aware of the entire scope of operations and can assess the implications of an alteration or addition. Changes to the inside of a unit can also affect common property. Hence all proposed changes to a unit are required to be evaluated by the Board of Directors before an owner moves ahead with implementation. At times, a brief verbal discussion with the Board of Directors is sufficient for an owner to comprehend the worthiness of submitting a proposal or abandoning a project altogether. Regardless of the size of alteration or addition, the Board of Directors must consider how it affects (a) Association costs and common elements, (b) building insurance policies, (c) neighboring units, and (d) future implications to common elements. It is the experience of the Association that even the most benign, seemingly innocent changes, be they interior or exterior, have profound implications unbeknownst to owners.
Section 1. Submission of Proposal
An owner must submit a written proposal to the Association for consideration. The Association must approve all alterations and additions to the common elements, in writing, before an installation can be made. This includes, but is not limited to, the installation of A/C units, animal pens, landscaping gardens, sump pumps, radon mitigation system, child play stations, storage units, deck roofs, sky-lights, etc.
Section 2. Unit Owner Responsibility
a. The approval of an addition or alteration does not constitute responsibility on the part of the Association. Unit owners remain responsible for alterations and additions and are considered exceptional personal aspects on the common property, not cared for through Association funds.
b. Approved and implemented alterations and additions may be removed by resolution of the Board of Directors if such installations thereafter adversely affect Association maintenance, insurance, regulations, common elements, equity to other unit owners, or other. Owners are responsible for the entire cost of removal, restoration, and damages to common property.
c. Alterations and additions made without approval of the Association are a violation of the by-laws and are subject to removal by the Association without warning. Owners are responsible for the entire cost of removal, restoration, and damages to common property.
d. Approved or otherwise, alterations and additions are considered a privilege, and never develop into an acquired right regardless of the length of time an installation has been in effect.
e. Alterations and additions must be well maintained in every aspect by owners, and must also be updated accordingly or by request of the Board of Directors to match other common elements. Hence, if changes are made to the common elements for any reason, the alteration and addition must also be altered commensurately.
f. The recordation of alterations and additions is communicated to buyers through the Certificate of Resale. All alterations and additions, approved or otherwise by the Association, are the responsibility of the unit owner and passes onto future buyers.
Section 3. Expenses
An owner must assume the following when considering any alteration or addition:
a. Submission of a building plan to be done to code.
b. Assume the cost of installation, materials, labor, and otherwise.
c. Assume the cost of current and future care and maintenance of the installation.
d. Assume the cost of any damages that stem from the installation to that unit or other units.
e. Assume the extra cost of Association projects that might include the care of such an installation.
f. Assume the cost of removal if so designated by the Association.
Section 4. Current Alterations & Additions on the Property
The table below is updated as needed and is communicated directly to the buyer after a sales agreement has been signed.
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UNIT |
BACK OF UNIT |
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APPROVED |
NOT APPROVED |
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775 |
Ducane central air compressor | |
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777 |
Ducane a/c compressor | (a) Deck roof structure with gutter & downspouts; (b) Radon Mitigation System; (c) Non-regulation porch light |
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779 |
Ducane a/c compressor | (a) Radon Mitigation System; (b) As July 15, 2005, unit owner responsible for basement flooding due to hydrostatic pressure (see Association records) |
|
781 |
(a) Non-regulation porch light | |
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783 |
(a) Non-regulation brown patio door; (b) Non-regulation porch light | |
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785 |
Ducane a/c compressor | Radon Mitigation System |
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801 |
Ducane a/c compressor | |
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803 |
York a/c compressor (on unstable floor pad installation) | |
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805 |
Ducane a/c compressor | Radon Mitigation System |
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807 |
(a) Payne a/c compressor; (b) Sump Pump Installation | |
|
809 |
Ducane a/c compressor | |
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ARTICLE 7: LEASING
Leasing within a condominium form of ownership is highly complex because of levels of responsibility, by-law restrictions, operational and insurance protocols that directly and indirectly affect this circumstance, and external laws that also mandate requirements. Most owners are unaware of city ordinances, zoning limits, permit requirements, etc. Depending on exact circumstance, what can be an innocent offering to a friend to stay as a guest can be considered a legal tenancy that invokes a myriad of obligations. It is therefore highly advisable that owners direct their concerns and plans to the Board of Directors prior to considering any changes in living arrangement. Potential buyers should consult the Association with regards to leasing before considering a permanent investment.
Section 1. Leasing Requisites
a. Owners may lease their condominium town home unit for residential purposes, no sooner than two years (730 days) from the effective date of purchase, under a written lease for a term of at least 30 days, providing that the lease is made subject to all provisions as affect the owner himself/herself and to the end that the tenant shall be bound at least as is the owner with reference to possession, use, and occupancy, and in all ways pertaining thereto.
b. A condominium town home unit that is leased within the effective date of purchase and 730 days, is in violation of the regulations, and the Association has the authority to remedy through legal action. Penalties shall apply as follows:
– Equal to 75% of the total rental revenue established by written or verbal lease agreement.
– All applicable lease violation charges.
– All applicable court costs and associated fees related to legal proceedings.
c. Owners, and their tenants, must abide by existing federal, state, and local laws and ordinances pertaining to matters of rental housing such as, but not limited to, fair housing practices, noise, animal, housing permits, occupancy, and the like. Specifically, no condominium unit shall be leased, in whole or in part, by any person unless it is first in compliance with the ordinance for Rental Housing set forth by the Centre Region Code Administration. Occupancy of a condominium town home unit by any person other than the owner of record shall be presumed to require a rental license.
d. Owners, and their tenants, must abide by Maplewood Condominium Association’s current Declaration, Code of Regulations, Regulations of the Council, and all future regulations promulgated by the Association.
Section 2. Leasing Proviso
a. The Association is an organization with a specific membership (Maplewood Condominium owners) and it is obliged to communicate directly with its members. The Association will communicate officially only with an owner of a condominium town home unit, be it leased, vacant, or owner-occupied. The Board of Directors is not accountable to an owner’s guest, tenant, or representative. The Association will not communicate with an owner’s representative if acquired for the purposes of property management. Owners have the responsibility to communicate information to other parties such as guests, tenants, and hired representatives.
b. Condominium owners and their tenants are jointly and severally liable. Hence, all consequences stemming from a tenant’s action and inaction are the responsibility of the owner. If any action or inaction falls outside of the Association’s by-laws, it will be communicated to an owner directly, along with any associated charges.
c. If a condominium owner provides occupancy (housing) to non-family members, with or without a lease agreement, or monetary exchange, such owner must acquire a Rental Housing License (permit).
d. If the condominium unit is owner-occupied, meaning the unit is the primary residence of the owner of record, and such owner is providing occupancy (housing) to non-family members while he/she him/herself is physically present during the hosting, such owner is exempt from the rental housing ordinance, if the GUEST or TEMPORARY NON-FAMILY RESIDENT is a person who stays for less than 30 days. However, if an owner absents him/herself (is not hosting) while providing occupancy to non-family members for a term between 2-30 days, the owner is in violation of the rental regulations set forth by the Association, and is subject to a penalty as set forth in this Article.
e. A TENANT is a non-family resident who occupies a condominium town home unit longer than 30 days and is, for all intents and purposes, occupying the premises on a permanent basis as residence.
f. The Association and the Centre Region Code Administration have means of assessing if an owner is providing housing that requires a Rental Housing License. Please consult both organizations.
g. Each condominium unit is restricted to residential use by owners, and their immediate family, guests, tenants, and invitees. Each condominium unit is intended for independent use and shall be used only as a residence and for the purposes incidental to such uses.
Section 3. Leasing Procedure & Limitations
The following subdivisions outline the procedure that must be followed in order to comply with the Association’s leasing regulations.
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a. Prior to Leasing
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STEP 1
Submit to Association |
LEASE REQUEST FORM
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Submit a REQUEST TO LEASE FORM to the Association. Without such a request, any further actions taken towards leasing will be considered a violation of the regulations, subject to fines and/or immediate termination of leasing activity. |
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STEP 2
Pay to Association |
ANNUAL LEASE FEE $50
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A non-refundable fee, payable along with the submission of the request to lease, and annually thereafter as long as a unit has been leased at least once during the Association’s fiscal year. Lease activity adds additional administrative burdens on the Association’s limited resources. There is a separate administrative process that is in effect specifically to oversee and enforce regulations that govern leasing activity. |
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STEP 3
Submit Copy to Association |
ACQUIRE RENTAL HOUSING PERMIT
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You must have a valid and current Rental Housing Permit, covering the lease term. Permits must be renewed and kept current. One copy of the permit must be submitted to the Association at the originating issuance date and at each renewal date.
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STEP 4 |
ACQUIRE LANDLORD INSURANCE POLICY
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Owners are responsible for acquiring and maintaining insurance for the duration of the lease term, and such a policy is typically referred to as a Landlord Insurance Policy. It is advisable to carry a minimum of $1,000,000 yearly liability coverage. Please see Article 8 and Insurance Matters for a full discussion. |
b. Limitations to Leasing to the Public
Once an owner has obtained a Rental Permit, they may offer their condominium unit to the public for leasing through advertising vehicles of their choice. At such time, owners must abide by existing federal, state, and local ordinances pertaining to matters of rental housing such as, but not limited to, fair housing practices, noise, animal, housing permits, occupancy, and the like. It is advisable to inform prospective tenants that they will be expected to respect and follow all condominium by-laws and policy as residents on the premises. Owners may direct prospective tenants to the website for information where a section has been prepared specifically for them. Leasing may be pursued with the following limitations:
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LIMITATIONS |
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SHORT-TERM LEASING (Less than 30 days)
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a. An owner cannot lease for a term less than 30 days. b. It is strictly prohibited if a person occupies a condo unit for a term of between 2-30 days, whose main purpose of visitation is attendance of a specified event (graduation, concert, sports event, etc.,). Such offering is tantamount to that of a commercial establishment (hotel, motel) and is incongruent with residential locality. Such offering may also be contrary to restrictions set forth by the Rental Housing Permit issued. |
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ONE LEASE PER 12 MONTHS
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ONE LEASE PER 12 MONTHS (365 days). All tenants must appear on the same lease agreement. The beginning of any 12-month period is determined by the originating date of the lease term. Leases must be joint and severally liable only. Tenants and landlords cannot sublet. |
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OCCUPANCY |
Limited to either a or b:a. Three Unrelated Individuals
b. One Family + up to 2 unrelated individuals – ALTOGETHER NOT EXCEEDING 4 PERSONS |
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UNDERGRADUATE STUDENTS |
An owner cannot lease, or sub-lease, to an individual enrolled at a University or College who has not yet attained a Bachelor’s Degree, herein referred to as “Undergraduate Student”. |
c. Prior to Tenant Entry On Maplewood Property
All documentation requested below must be submitted to the Association BEFORE the tenant is permitted to enter Maplewood Condominium’s property as resident. Hence, before the tenant is permitted to move in, the tenant should have (1) a written lease agreement, (2) read all the by-laws, (3) submitted his/her information form, and (4) should have acquired renter’s insurance. The Association must verify each document submitted in order that any detectable problem can be corrected properly at this stage. In addition, since tenants are considered Third Party entities vis-à-vis the Association, a tenant increases the Association’s overall liability if on premises without proper insurance.
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STEP 5 |
ACQUIRE TENANT |
Once a tenant is secured, it is highly advisable, as well as customary, to conduct background checks such as credit and criminal, before making the offer final. Such customary scrutiny protects owners, and the condominium community at large, from experiencing problems that may develop later. Please note that such steps are not required by the Association, and are merely suggested for additional assurance and safety. |
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STEP 6 |
SUPPLY TENANT WITH BY-LAWS |
An owner must furnish the tenant with a complete physical copy (or direct tenant to the website) of the by-laws and policy. Tenants have the same rights and obligations as owners, and are subject to all by-laws. Owners are responsible for keeping tenants informed. The Association is not accountable to a tenant. |
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STEP 7
Submit Copy to Association |
WRITTEN LEASE AGREEMENT
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a. Owners must have a valid written lease agreement, limited to residential use, and for a minimum of 30 days.
b. A lease must be made subject to all provisions as affect the owner him/herself and to the end that the tenant shall be bound at least as is the owner with reference to possession, use, and occupancy, and in all ways pertaining thereto. c. A lease must identify (a) the property address being leased, (b) Landlord, (c) all Tenants by their full legal names, and (d) have a specified lease term with a clear beginning and ending date. The contract should be (e) clearly signed and dated by all parties, and (f) the date entered into agreement should be prior to the date of the beginning of the lease term. d. A lease must have a FIRE SAFETY CERTIFICATION AGREEMENT for the tenant. e. A lease must have have a TENANT NOTIFICATION ACKNOWLEDGEMENT for the tenant. f. Owners shall provide one copy of the lease agreement to the Association at the beginning of each new lease term (so for new tenants and for existing tenants with a renewal lease).
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STEP 8
Submit to Association |
TENANT INFORMATION FORM
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Submit a TENANT INFORMATION FORM to the Association. The Association reviews this information and, if no issues are detected, will update the records so tenants are identified. |
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STEP 9
Submit Copy to Association
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TENANT ACQUIRES RENTER INSURANCE
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A tenant is REQUIRED to acquire Renter’s Insurance according to Article 8, Section 6. A tenant MUST:a. Acquire insurance and show proof thereof prior to coming onto the property.
b. Maintain insurance for the duration of the lease term, and show proof thereof at renewal dates. c. Carry minimum liability coverage in the amount of $500,000. d. Name Maplewood Condominium Association and the Landlord as ADDITIONAL INSURED in the policy.
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d. Provide Documentation and Renewals
ALL DOCUMENTATION MUST BE PROVIDED TO THE ASSOCIATION BEFORE A TENANT HAS THE AUTHORITY TO COME ONTO MAPLEWOOD CONDOMINIUM’S PROPERTY. Owners must furnish the Association with 1 COPY of the following documentation, and automatically update such information upon renewal. Below is a convenient summary of all documentation that is due to the Association as part of the leasing requirements.
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SUMMARY OF DOCUMENTATION OWNERS MUST PROVIDE |
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| PRIOR TO FIRST TIME LEASING | AT RENEWAL DATES |
| REQUEST TO LEASE FORM | Submit the Request to Lease Form prior to each renewal date |
| ANNUAL LEASE FEE | Paid annually as long as a unit has been leased at least once during the Association’s fiscal year |
| RENTAL PERMIT | Submit one copy at renewal date |
| WRITTEN LEASE AGREEMENT | Submit one copy at the beginning of each new lease term (so for new tenants and for existing tenants with a renewal lease) |
| TENANT INFORMATION FORM | Submit at each new lease term (even for existing tenants) |
| CERTIFICATE OF RENTER INSURANCE | Submit the Certificate of Insurance page at each renewal date |
Section 4. Leasing Violation Penalties
If an owner violates any of the requirements for leasing set forth by the Association, please be advised that the Association will have the authority to remedy through legal action and/or injunction, beyond the fines set forth below. If litigation is required, the unsuccessful party shall pay all legal fees of the Association. Ultimately, all unpaid fines/penalties will be recorded as liens and stated in the Certificate of Resale.
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Description of Violation |
FINE |
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RENTAL PERMIT
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If Rental Permit is not acquired and/or maintained, as per Municipal Ordinance, the Association reserves the right to inform CRCA for proper action. The Association is automatically released from all liability stemming from a leased unit without a permit. The Association will verify permit currency and validity through the owner’s submission of the original issuance and renewed Rental Permit. If an owner is in violation, a $50 penalty shall apply from the beginning of the initial lease term (in the case where an owner never acquired a permit) or from the latest ending date of coverage (in the case where an owner failed to renew a permit). Such penalty shall accrue $50 every 30 days thereafter until such documentation is provided to the Association. | $50 every 30 days until document is provided |
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WRITTEN LEASE AGREEMENT
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An owner must provide the Association with updated information with regards to all written lease agreements (i.e., new leases and extensions of lease agreements). If an owner is in violation, a $50 penalty shall apply from the beginning of the initial lease term (in the case where an owner never supplied a written lease agreement) or from the last ending date of lease (in the case where an owner failed to update information). Such penalty shall accrue $50 every 30 days thereafter until such documentation is provided to the Association. | $50 every 30 days until document is provided |
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TENANT INFO FORM
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An owner must provide the Association with updated information with regards to tenants at all executed lease agreements, hence for new leases and extensions of lease agreements. If an owner is in violation, a $50 penalty shall apply from the beginning of the initial lease term (in the case where an owner never supplied the Tenant Information Form) or from the last ending date of lease (in the case where an owner failed to update such information). Such penalty shall accrue $50 every 30 days thereafter until such documentation is provided to the Association. | $50 every 30 days until document is provided |
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TENANT RENTER INSURANCE
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Owners must require that each tenant acquire and maintain a Renter’s Insurance Policy with a minimum $500,000 yearly liability coverage for the duration of the lease term. Tenants must name Maplewood Condominium Association and the Landlord as ADDITIONAL INSURED. The Association will verify insurance currency and validity directly through the owner’s submission of Certificates of Insurance from all existing tenants. If an owner is in violation, a $50 penalty shall apply from the beginning of the initial lease term (in the case where a tenant never acquired insurance) or from the latest ending date of coverage (in the case where a tenant failed to renew insurance). Such penalty shall accrue $50 every 30 days thereafter until such documentation is provided to the Association. Such penalty shall apply to each tenant that is not covered. Owners will receive notice of such penalty and it will be their responsibility to satisfy them. | $50 every 30 days until document is provided |
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SUPPLY TENANT WITH BY-LAWS |
An owner must furnish the tenant with a complete physical copy (or direct tenant to the website) of the by-laws and policy. If there is evidence that the tenant was not properly informed, a penalty of $50 shall apply. In addition, the tenant may also be given a physical copy of the entire contents of the website (by-laws and policy) and the owner will be charged the current fee for one copy of the website materials. | $50 + current cost of website materials |
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SHORT-TERM LEASING
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An owner cannot lease for a term less than 30 days. Please be advised that leasing for a term of less than 30 days for “sports”, “concert”, “graduation”, or other short-term events, is strictly prohibited. An owner that vacates a unit for occupancy of non-family members for less than 30 days and/or for leasing such as, but not limited to, weekend-long events (graduations, sports, concert, or other), shall be subject to a penalty of $300, in addition to all other applicable penalties set forth for leases longer than 30 days. | Minimum $300 |
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MULTIPLE LEASES
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Leases must be limited to only ONE per 12 months (365 days), and all tenants must appear on the same lease contract. Hence multiple leases covering the same time period are prohibited. If an owner is in violation, a $100 penalty shall apply from the beginning of any additional lease after the original executed contract or from the beginning of all multiple lease dates if executed simultaneously. Such penalty shall accrue $100 every 30 days thereafter until such time when documentation is provided that supports the existence of only one current, valid, and properly executed lease contract. | $100 every 30 days until remedied |
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OCCUPANCY |
If an owner is in violation of the occupancy limits, the Association reserves the right to inform CRCA, Patton Township, and other governing agencies for proper action. If an owner is in violation of the occupancy limit, a $250 penalty shall apply from the beginning of the initial lease term. Such penalty shall accrue $100 per violating tenant every 30 days thereafter until the tenant has effectively vacated the leased unit. | $250+ $100 per violating tenant per 30 days |
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UNDERGRAD STUDENTS
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Please be advised that the Association reserves the right to verify if a tenant has Undergraduate Student status. If an owner is in violation, a $250 penalty shall apply from the beginning of the initial lease term. Such penalty shall accrue $100 per violating tenant every 30 days thereafter until the tenant has effectively vacated the leased unit. | $250+ $100 per violating tenant per 30 days |
Section 5. Transfer of Lease Contract
a. An active tenant cannot transfer a lease to another condominium unit owner that is eligible for leasing, without the submission of protocols stipulated in Article 7 of Regulations of the Council, and the written consent of the Board of Directors.
b. An active tenant cannot transfer a lease to a new owner of the same condominium unit. Condominium units with active tenants must end their tenancy prior to sale or transfers of ownership.
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ARTICLE 8: INSURANCE PROTOCOL
Owners have a responsibility to carry insurance for their condominium unit and all personal property anywhere on the common property (vehicles, etc.,). Tenants and hired personnel (contractors) are required to carry insurance, and show proof thereof, for the duration of their respective residency or work on the property. Owners and tenants should consult INSURANCE MATTERS for insurance policy content coverage explanations as they are related to condominium ownership and residency.
It is advisable for owners and tenants to provide the by-laws to their insurance professional when purchasing a policy. All policies must be written in accordance with the provisions of the by-laws. This will allow the insurance provider a full understanding of what type and extent of coverage may be required, as well as desired.
Section 1. Commercial Insurance Coverage for Units
Each condominium unit is restricted to residential use by owners, and their immediate family, guests, tenants, and invitees. Each condominium unit is intended for independent use and shall be used only as a residence and for the purposes incidental to such uses.
a. Commercial or business activity is prohibited.
b. Insurance policies covering commercial or business activity are considered null and void.
Section 2. Professional Contractors Working for the Association
Any person, persons, or company hired by the Association to work on the property shall:
a. Carry insurance, and show proof thereof before coming onto the property, covering for damages or destruction to the Association’s property, personal property not belonging to the Association (such as, but not limited to vehicles), and property belonging to the contractor or company, that result or stem from personal action, that of the company, employees, persons in their charge, vehicles, equipment, tools, and materials, whether willful or not.
b. Carry insurance, and show proof thereof before coming onto the property, covering for physical injury or death to others on the property, that result or stem from personal action, that of the company, employees, persons in their charge, vehicles, equipment, tools, and materials, whether willful or not.
c. Carry insurance, and show proof thereof before coming onto the property, covering for physical and mental injury to themselves, their employees, and persons in their charge.
d. All insurance held must be maintained for the duration of work on the property.
e. If any hired person or persons cannot show proof of liability coverage for physical/mental injury as expressed in part (c) of this section, such person or persons shall sign a waiver to indemnify and hold harmless the MAPLEWOOD CONDOMINIUM ASSOCIATION, and all of its representatives, Board of Directors, and members, from and against any and all liability, responsibility, and expenses related to and stemming from any and all mental and physical injury, as well as any and all consequent disability and loss of income suffered by them, and/or all persons in their charge, while in the conduct of contracted work for and conducted upon MAPLEWOOD CONDOMINIUM ASSOCIATION’S property.
Section 3. Professional Contractors Working for Individual Units
Any resident (owner or tenant) who hires personnel to conduct work on their personal property, are responsible for requesting that such personnel carry insurance, as prescribed in Section 2 of this Article. Personnel can be, but are not limited to: pet sitters, house sitters, electricians, plumbers, repair professionals, heating/cooling professionals, general contractors, painters, cleaning professionals, professional installers, moving professionals, handyman, etc.
Section 4. Owner Insurance
An owner is responsible for acquiring and maintaining insurance (typically named Homeowner’s Insurance Policy):
a. Covering the individual dwelling unit, and personal property inside the unit and anywhere on the common property (such as, but not limited to, automobiles).
b. For any medical, personal, and general liability coverage desired for claims arising in connection with that portion of the property used and occupied exclusively by a particular unit owner.
c. For insurance coverage for additional living expenses, if not covered by the Association policy.
Section 5. Landlord Insurance
Owners and any lessees or sub-lessees of a unit shall be jointly and severally liable for liabilities arising out of their own conduct or arising out of the ownership, occupancy, use, misuse, or condition (except when the result of a condition affecting all or other parts of the property) of that unit. Owners leasing their condominium unit are responsible for acquiring and maintaining insurance for the duration of the lease term (typically named Landlord’s Insurance Policy):
a. Covering the personal property of the individual dwelling unit that is necessary for renting.
b. For any medical and general liability coverage desired for claims arising in connection with that portion of the property used and occupied exclusively by the tenant.
Section 6. Tenant Insurance
All persons leasing a Maplewood Condominium unit are required to acquire and maintain insurance (typically named Renter’s Insurance):
a. For the personal property housed inside the unit and anywhere on the common property (such as, but not limited to, automobiles).
b. For any medical, personal, and general liability coverage for claims arising in connection with that portion of the property used and occupied exclusively by the tenant.
A tenant MUST:
a. Acquire insurance and show proof thereof prior to coming onto the property.
b. Maintain insurance for the duration of the lease term, and show proof thereof at renewal dates.
c. Carry minimum liability coverage in the amount of $500,000.
d. Name Maplewood Condominium Association and the Landlord as ADDITIONAL INSURED in the policy.
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ARTICLE 9: COMMERCIAL USE OF UNITS
Each condominium unit is restricted to residential use by owners, and their immediate family, guests, tenants, and invitees. Each condominium unit is intended for independent use and shall be used only as a residence and for the purposes incidental to such uses.
a. Commercial or business activity is prohibited.
b. Insurance policies covering commercial or business activity are considered null and void.
c. The Association has the authority to request the immediate cessation of commercial or business activity.