Sunday, January 17, 2010

2010 Resident Handbook

IMPORTANT DEFINITIONS AND CLARIFICATIONS

I Governing Documents

The guidelines in this Resident Handbook are intended to provide consistency in our community and promote security and safety within the Villas at Riverbend community. The Declaration and By-laws of The Villas at Riverbend Condominium Association filed with the Delaware County Auditor on February 29, 2000, as amended, is the governing legal document for the Riverbend community. A copy of this document is furnished to every purchaser of a unit at the time of closing, and should be read and understood by every owner and resident. In the event of a conflict between the Handbook and the Declaration, the Declaration shall govern.

II Definitions and Clarifications

A Ownership In broad terms, what you own outright is the space inside your dwelling unit and inside the attached garage with which you can do almost anything (in terms of decoration and use), your front door (see Article XIII) windows, and garage door and outside water spigot, for which you are responsible. You share in the ownership of the public areas inside the community boundaries. In these areas where all unit owners collectively share ownership and enjoyment, your use of such space, herein described as “Limited Common Elements” and “Common Elements,” must comply with the Rules and Regulations that the Board of Director’s develop and publish for the convenience and benefit of all owners.

B Definitions From The Declaration

1 Common Elements

“Common Elements” means all of the Condominium Property, except that portion described in this Declaration as constituting a Unit or Units, and is that portion of the Condominium Property constituting “Common Areas and Facilities” of the Condominium under the Condominium Act in the Ohio Revised Code (ORC) as described in H.B. 135.

2 Limited Common Elements

“Limited Common Elements” means those Common Elements serving exclusively one Unit, the enjoyment, benefit or use of which are reserved to the lawful occupants of that unit.

C Definitions Specific To This Handbook

1 Owner. The owner of a unit is the person(s) or legal entity that holds title to that unit.

2 Tenant. The tenant of a unit is the person(s) renting or leasing that unit from its owner.

3 Resident. A resident of a unit is any person whose primary place of residence is that unit and who has been identified to the Board as a permanent resident pursuant to Article IV.

4 Guest. A guest is any nonresident person on the Association property.

ADMINISTRATIVE AND FINANCIAL MATTERS


III Rules and Regulations Enforcement

A Enforcement Assessments

The purpose of this rule is to give the Association a vehicle to enforce compliance by residents without having to seek a legal remedy for minor infractions. Enforcement assessments against owners and residents for violations of the Declaration or condominium rules will be assessed against the unit owner. Responsibility for information regarding rules or regulations for living at the Villas at Riverbend lies with each unit owner. Offsite owners are responsible for making all Villas at Riverbend policies clear to their unit residents.

B Enforcement Assessment Structure

General Rule Violations

1st offense-Warning letter

2nd offense-$ 25.00 Enforcement Assessment

3rd offense-$50.00 Enforcement Assessment

4th offense-$100.00 Enforcement Assessment

5th offense-$200.00 Enforcement Assessment

C Assessment Enforcement Procedure

Enforcement assessments will not be issued until the Board verifies the offense or it is observed by a Board Member or the Association Manager. Prior to the actual issuance of an enforcement assessment, the following procedure will be used in compliance with Ohio Revised Code 5311:

1. The Association will give the owner written notice of a description of the property damage or violation: the amount of the proposed assessment; a statement that the owner has a right to a hearing before the Board to contest the violation; a reasonable date by which the owner must cure the violation to avoid an enforcement assessment.

2. The owner may request a hearing by written notice within (10) days of the date of the Board’s letter. If the owner does not request the hearing, the assessment is automatically imposed.

3. The Board will hold a hearing, if requested, and give the owner seven (7) days of notice of the date/time/place.

4. Within thirty (30) days of the hearing, the Board will give written notice of the assessment status.

D All enforcement assessments will be added to the monthly association dues, payable at the beginning of each month. Unpaid enforcement assessments are subject to collation procedures as indicated in section V. Financial Matters and Monthly Dues, paragraph C.

IV Occupancy Reporting

A Owners are responsible for compliance with the provisions of Section 5311.09(A)(2) and (A)(3) of the Ohio Revised code as stated below.

(A 2) Within thirty days after a unit owner obtains a condominium ownership interest, the unit owner shall provide the following information in writing to the unit owners association through the board of directors:

The home address, home and business mailing addresses, and the home and business telephone numbers of the unit owner and all occupants of the unit;

The name, business address, and business telephone number of any person who manages the owner’s unit as an agent of that owner.

(A 3) Within thirty days after a change in any information that division (A)(2) of this section requires, a unit owner shall notify the association, through the board of directors, in writing of the change. When the board of directors requests, a unit owner shall verify or update the information.

B Until such time that the Board receives notification that an occupant is a permanent resident, that occupant shall be considered a guest, and shall not be entitled to resident privileges.

V Financial Matters and Monthly Dues

A Payment of Dues

1 Association dues, sometimes called Condominium fees, pay for the exterior maintenance of all the buildings, grounds keeping, community plantings and entrance beautification, garbage, Clubhouse and pool facilities, insurance, snow plowing and street upkeep, trash, water and sewage costs and other common expenses, as well as accumulating reserves to pay for eventual replacement of common property such as roofs and driveways. To pay for all this, Riverbend Condominium Association dues are due at the Association’s bank on the first of each month. Late payment fees will apply if the payment is received after the 10th of each month (See B, below).

2 If mailed, dues payable to Villas at Riverbend should be accompanied by the coupons provided by the management company. The date your payment arrives at the bank, not envelope postmark, governs when the payment is recorded as made. Dropping off the fees at the property management company is not permitted and does not constitute payment.

3 As a courtesy, the property management company offers to automatically deduct monthly dues from a unit owner’s bank account on a date each month of the owner’s choosing to assure no late assessments.

B Delinquent or Late Condo Dues Procedures:

1 A special assessment of $10.00 will be added to any account when the bank receives dues after the 10th of the month. The property management company will send a written notice of the delinquent dues and/or late fee(s) payable. For any outstanding balance after the tenth of the month, the account shall receive a late fee of $10.00.

2 If not paid within 60 days an attorney will send a Demand Letter.

3 After 90 days, a lien on the unit may be filed by the Association.

4 After 120 days, foreclosure action by the Board may begin.

C When payments are received from owners, by law, the Association will apply the funds in the following order; first, to any interest due that has accrued, then to any administrative late fees due, then to any collection costs, attorney’s fees or paralegal fees that are payable, then to any violation assessments, special assessments and any regular monthly dues

VI Condominium Sales and Rentals

A Any unit owner who sells his or her condominium is responsible for:

1 Making certain the Association’s management company is aware of ownership changes as soon as a closing date is established.

2 Making certain all condominium dues and assessments, if any, are fully paid and current when title passes.

3 Making certain new unit owners receive the Condominium Declaration and Bylaws and these Riverbend Association Rules and Regulations.

B An owner who rents a unit is responsible for giving the current and new unit tenants a copy of these Riverbend Association Rules and Regulations. The owner shall supply to the association a copy of the current rental contract.

VII Eviction Proceedings for Rental Units

Tenants who violate the Association Rules and Regulations are subject to eviction without the permission of their landlord. The Ohio Revised Code gives Condominium Associations the right to evict tenants who do not comply with the rules set down for all in the community. The cost of such eviction, including reasonable attorney fees, will be assessed to the unit owner’s account and be treated like any other assessment and subject to collection.

VIII Insurance

The association provides all peril insurance for the buildings and common property. It is the owner’s and/or resident’s responsibility to provide any additional coverage for personal property and personal liability should they deem it advisable to do so. Our association insurance does not cover liability for certain animals/pets. Animals/pets not covered are listed in Appendix D. Any owner of the described animals/pets must provide to the association verification of insurance that specifically covers liability resulting from injury by the animal/pet to anyone in the home or on limited common or common property of the Villas at Riverbend Condominium. The Villas at Riverbend Condominium Association will not be liable for any injury caused by the above described animals. Financial charges to the association resulting from injuries from any such animals/pets shall be assessed to the owner in full. Uninsured animals/pets on this list are not permitted on Villas at Riverbend property and may be evicted.

IX Amendments

These rules and regulations are subject to change from time to time at the discretion of and by a majority vote of the Board of Directors.

USE OF COMMON FACILITIES

X Parking/Vehicles/PODS

A The speed limit within the community is 14 mph. Reckless operation, excessive speed, and parking or driving on the lawn areas is prohibited.

B To assure safe and easy access for emergency vehicles and residents, the following parking restrictions apply to community streets.

1 Parking on the outside (mail box side) of the loop around our community is PROHIBITED AT ALL TIMES. (Parking within 10 feet of a fire hydrant is a violation of state law. - Ohio Revised Code 4511.68)

2 Parking within 20 feet of a street intersection or within 5 feet of a driveway is prohibited.

3 No vehicle may be left in a manner that will block access for and room to maneuver for emergency vehicles, nor may any vehicle be left in a manner that restricts the ingress/egress to any garage other than that of the relevant unit resident.

C Except as noted below, any boats, towed trailers of any kind, motor homes or other recreational vehicles and any trucks longer than 20 feet are prohibited from parking on the Riverbend Association premises at any time.

1 Such vehicles may be parked inside the resident’s garage at any time.

2 Such vehicles, when used for recreation or moving in/out, may be parked in front of your garage for 24 hours to allow for loading and unloading. Such vehicles must not exceed 20 feet in length and must not block normal access of other residents. Exceptions to this rule are permitted only with board approval.

3 Commercial moving vans, when conducting contract business and commercial trucks when in the area to perform service or repair work are authorized exceptions.

D All parking of vehicles by unit residents and guests FIRST must be within the unit’s garage or on the apron outside the garage door. Only two resident’s vehicles may be parked outside the garage door at any time. Vehicles must not be left in a way that blocks normal access by unit residents to their garage, their garage apron, the turnaround or driveway. Guests needing temporary overflow parking may park for up to 12 hours on the inside (opposite the mailboxes) lane of Stonebend Drive and Stonewoods Lane. No overnight parking on the street is permitted.

E The parking spaces at the Clubhouse are intended for drivers while using the facilities inside the Clubhouse or the pool area or those authorized to park there such as workmen or groundskeepers. Vehicles parked at the Clubhouse when the driver is not inside the Clubhouse or pool area or left there for more than 12 consecutive hours are subject to being towed at the owner’s risk and expense. Residents may not park overnight at the clubhouse unless prior approval has been given by a board member.

F Except as noted below, parking in the “turn-around” areas of driveways by residents and guests is prohibited. Guests inside a unit should park in front of the garage. Guests may park temporarily in the turnaround area while visiting if this is agreeable to all affected unit residents. Parking is PROHIBITED in the turn-around area when snow accumulates as this would prevent effective clearing of the snow by plow operators. Residents may not park in the turn-around.

G No motorcycles, off road vehicles, snowmobiles, go-carts, or other noisy or unmuffled vehicles shall operate within the Condominium premises, except for the sole purpose of ingress to or egress from the Condominium complex.

H Inappropriately parked, Inoperable vehicles (with flat tires, expired license tags, etc.) or vehicles which cannot be identified as belonging to a unit resident, which are parked in or on any Common or Limited Common Element for more than 48 consecutive hours may be towed off the premises at the vehicle owner’s risk and expense. No repair work is permitted on vehicles in Limited Common or Common areas except for short-term emergency work (flat tire, battery charge, etc.).

I The garage door is to remain fully closed or closed to within 12 inches of the floor at all times except for ingress and egress of vehicle(s), or when the resident is working in the garage or yard area. This is for security reasons and also so adjacent unit residents sitting on their patio or veranda do not have to look into an open garage.

J PODS or similar portable storage devices may, with the permission of the Board, be placed in front of the unit garage door in a manner that does not block entrance and egress from any other unit. Such devices are not to exceed 8’ x 8’ x 16’. They may be on site for no more than five (5) days.

CLUBHOUSE AND POOL RULES REVISED 7-8-2013
XI.   Clubhouse  (pages 9 and 10 in your Resident Handbook) 
a         A.    These rules are applicable to all uses/users of the Clubhouse.  Additional terms and                    conditions and fees applicable to rental usage of the Clubhouse are included in the                      Clubhouse Rental terms and Conditions.
B.    The Clubhouse is for the private use of residents and their guests only and only for non-profit parties or meetings. Pre- or Post-funeral gatherings for a deceased Riverbend resident may be scheduled for no charge.  Subject to the restrictions listed herein, any adult resident may use the Clubhouse as long as fees, fines, and assessments for the resident’s unit are current.  A resident must be present at all times that the Clubhouse is in use.
C.    Safety and Supervision
1       All persons using the Clubhouse do so at their own risk and responsibility.  The Clubhouse is unattended and there are no security systems installed.
2       Occupancy of the Clubhouse by more than 50 persons is prohibited.
3       Blocking of lighted fire exits at any time is strictly prohibited.
4.  An adult resident 18 years or older must accompany all children under the age of 14 at all times and be present in the clubhouse area at all times.
5.  A resident 14 years or older may use the clubhouse without being accompanied by an adult.  Resident’s 14-18 years of age not accompanied by an adult will be permitted one non family guest who is 14 years or older.
6.     Alcoholic beverages are permitted in the Clubhouse for people of legal age, but may not be sold on the premises. An adult resident must be present at all times alcohol is in use.

7.     Lighted candles may be used if they are non-toxic, non-drip, and must meet safety standards.  An adult resident must be present at all times candles are used.

              
8.     Overnight stays in the Clubhouse are prohibited

                         D.  Clubhouse Usage
1       Persons using the Clubhouse shall leave it in the same condition they found it.  It should be cleaned, if necessary, all items placed in the refrigerator shall be removed, and any trash resulting from usage shall be removed from the premises and disposed of appropriately.
2       The television must not be moved as it could be easily damaged.
3       The front door should not be blocked open when the air or heat is on except for short periods of time when bringing in and taking out party supplies.
4       Residents shall lock all doors at the conclusion of their activity.
5       The sliding doors facing the pool shall not be used for entry and exit.
6       After your party, the thermostat must be left at 60 degrees during the heating season and 80 in summer.
7       No items shall be removed from the Clubhouse without the permission of a Board member. Library books may be removed by a resident without permission. 
8       Animals or pets, unless for disability reasons, are not permitted in the Clubhouse
9       It is the resident’s responsibility that noise levels will be controlled as a courtesy to residents living in close proximity to the Clubhouse.  There shall be no outside music.
E.  Violations of these rules may subject the resident to a special assessment and/or a prohibition of using the clubhouse for a period of time specified by the board, in addition to any assessment for damages.
F.  Rental terms and conditions, including fees, governing use of the Clubhouse are shown at the end of this document as Appendix A.  Blank forms for making reservations can be obtained from the Bulletin Board in the Clubhouse or from the Clubhouse manager.

G. A replacement fee of $10.00 will be charged to replace a lost pool/clubhouse key.

      XII.   Swimming Pool   (pages 10 and 11 in your Resident Handbook)  
A.  The pool will be open from 9:00 AM to 9:00 PM during the swimming season.
B. The Pool is for the private use of residents and their guests only.  Subject to the restrictions listed herein, any resident may use the Pool as long as fees, fines, and assessments for the resident’s unit are current. 
C.  All persons using the pool and pool facilities do so at their own risk and sole responsibility.  Swimming alone is not recommended. There is no lifeguard.  A phone is located in the pool area for emergency calls.
D.  An adult resident 18 years or older must accompany all children under the age of 14 and be present with them in the pool area at all times.
E.  A resident 14 years or older may use the pool without being accompanied by an adult.  Resident’s 14-18 years of age not accompanied by an adult will be permitted one non family guest who is 14 years or older.
                      F.    Unless otherwise specified, non-family guests are limited to 4 per household, and must                be  accompanied by an adult unit resident in the pool area at all times.  Guests will be                  asked  to leave if the unit resident is not present.
G. The following are prohibited in the pool area:
1.     Animals or pets unless for disability reasons

2.     Profane language.

3.     Glass or other breakable items

4.     Running, diving or disruptive behavior

5.     Excessive noise, splashing or radios without headphones

6.     Private pool parties

7.     Electrical devices other than those operating on internal batteries.

8.     Smoking.  Those desiring to smoke may do so in the parking area in front    of the clubhouse.  Tobacco products must be disposed of appropriately.

H. Food is permissible if not in glass containers. All trash must be placed in containers provided.                                                                                            
I.  Swimming is permitted only in garments sold as swim wear unless the persons religion dictates otherwise.  Infants must also wear swimsuits in addition to a commercial swim diaper.
J. Wet swimwear or wet clothing is not permitted in the main Clubhouse area.  Swimwear can be changed in the restrooms, accessible from the rear of the pool area by the same keys that open the front and back pool gates.
K. Lounge chairs or tables may not be reserved and must be repositioned in the order intended (orderly fashion), after use.  Umbrellas on the tables must be lowered after use and before leaving the area.
L.  Equipment for the golf green must be returned to its original location after use.
M. A replacement fee of $10.00 will be charged to replace a lost pool/clubhouse key.

APPEARANCE AND LANDSCAPING OF YOUR UNIT

XIII Exterior Alterations

A No alterations or additions may be made to the exterior surface of the building, doors, fences, walks or patios in any Limited Common Element or Common Element, nor may any trees or shrubs be planted or removed without prior written approval of the Board. Any replacement items must be consistent with the type and design of the item installed at initial construction (ex. exterior light fixtures, light bulbs). Variance requests submitted to the Board must include specifications showing the nature, kind, shape, height, materials, color, and location of the requested changes. Variance Forms may be obtained from the Board of Directors.

B Patio gates may be installed with the unit owner’s permission and at his or her expense using only the design and specifications approved by the Board of Directors.

C An owner wishing to replace the unit’s original front door with a different model must obtain a variance from the board and may install only a door approved by the Board, painted to match the original door color “Riverbend Red”.

D Screen/Storm Doors are optional on the front entrance of all units and on the outside door on Four Season upgrades in the Canterbury and Abbey verandas.

E Screen/Storm Doors may be added at the unit owner’s expense using only the designs (full view or self storing) and color approved by the Board of Directors in advance.

F Standard colors are as follows:

1 The exterior of the front entrance door shall be painted Crosstown Riverbend Door #2 red paint.

2 The Gray Crosstown Riverbend Flat Trim will be used for garage doors and all trim including patios and any other trim on the exterior of all condos or structures.

3 Screen/Storm Doors will be the approved Sandstone color.

4 When granted a variance for upgrading a Canterbury or Abbey veranda to a Four Season Room, the new exterior doors and windows must be of the Riverbend Gray Trim Color.

XIV Personal Property

A All personal property, such as lawn chairs, tables, swings, yard games, bicycles, etc. must be stored inside the patio or veranda area or in the garage when not in use. Personal property maintained within the patio area must not be visible above the patio fence, with the exception of patio umbrellas, tables, chairs and grills. Chairs, bicycles, scooters, etc. should not be placed or stored on the walkway. Trash containers are to be stored in the garage and not in the area outside the garage. Patio umbrellas and canopies shall not be displayed between November 1 and March 31st.

B Except as noted in these rules and regulations, nothing may be hung or displayed, nor may any signs, awnings, canopies, shutters, antennas, satellite dishes or any other device be affixed to or placed upon the exterior walls, d├ęcor, fences or roof. Other items strictly prohibited include, but are not limited to, any type of yard sign, plastic flowers, cypress mulch, swing sets, laundry poles or clotheslines. Laundry may not be hung over a patio fence (swimsuits, towels, rugs, etc.). Nothing may be left on the lawns except when the item is being used and then must be removed when finished.

XV External Decorative Items Allowed

A The American Flag may be displayed at any time following the normal flag protocol. College flags, flags reflecting your national heritage flags and military flags may be exhibited on the appropriate day. Flags being displayed shall be affixed to the external wood trim of your unit and shall be a maximum size of 3’ by 5’

B Seasonal wreaths, maximum size of 30”, made of natural material or silk can be displayed any time as appropriate. Holiday wreaths can be displayed four weeks before the event and should then be taken down within two weeks after the event.

C Hanging flower baskets or bird feeders on not more than two “Shepherd’s hook” style poles (not more than two hangers per pole) only in the mulch bed area. One birdbath is allowed only in the mulch bed area.

D Ground-based flower pots or plant pots on the walkway leading to the front door, in the mulch bed area or inside the patio fence, if applicable, trimmed to keep the total height to five feet or less.

E Small items like little low benches, small statues or statuettes or decorative yard items kept only in the mulch beds and not in excess of 2’ tall and 1’ wide and not objectionable to other unit residents. Approval by the Board requested in advance is recommended to avoid later denial and loss of use. In any dispute over the appropriateness of an item, the Board of Directors will resolve it.

F Landscape lights. Photocell or low voltage “Malibu Style” lights are permitted on the inside of the sidewalk leading to the front door of the unit or outside the sidewalk leading to the front door if in a mulch bed. Maximum wattage of 7 watts; lights to be white or yellow in color, with a limit of 16 lights. Any associated wiring for ground lighting must be buried below the mulch bed to a depth that will not interfere with the Association’s landscaping activities and is the responsibility of the owner.

G Up to three decorative stepping-stones placed only in the mulch bed area. If the mulch bed is over five feet wide, up to five stepping stones are permitted. Stones are to be natural in color and not present a tripping hazard.

H Doorknockers on front doors are not to exceed a maximum height of 8”. Black unit numbers 4” in height may be placed on the wood trim above the garage door.

I Within the front door overhang area, the unit resident may “personalize” the unit entrance with names, plaques, live potted plants, etc. which are not permanently attached, and which will not damage the unit’s exterior materials.

J Hoses must be kept inside the garage at all times except during warm months. Hoses left outside during the watering season must be kept in a taupe colored box or on a taupe colored roller. Units may leave the hoses unrolled from the outlet to their planting area in an inconspicuous manner. Flat soaker hoses may be buried in the mulch beds. If kept there during the watering season, it is at the owner’s risk and must be in such a way that will not hamper the Association’s landscaping activities.

XVI Decorative Items NOT Allowed

A Windsocks.

B Wind chimes.

C Birdhouses

D Large and/or distracting items that the Board finds objectionable. You can check in advance of purchase and installation of any item not specifically mentioned here by contacting the Board or Property Manager.

E Displays placed on or hung from the roof or gutters

F Strings of lights giving a sense of motion or animation.

G Broadcasts of music or chimes.

H Blinking lights.

I Flood or spot lights, either on the ground, in bushes or elsewhere.

XVII General Policies on Holiday Decorations

A Holiday decorations may not be displayed more than four weeks before or two weeks after the holiday. (Christmas holiday decorations may be displayed beginning Thanksgiving Day and must be taken down by January 10.)

B Holiday decorations or lights may be displayed inside windows or on front doors but must not be placed upon or hung from building gutters.

C Fences may be decorated as long as no damage (example: nail holes) is done to the fence.

D Trees in the Common Elements may be decorated as long as no damage is incurred and the decorations are then removed within 2 weeks after the holiday.

XVIII Windows and Window Coverings

All window coverings, whether draperies, blinds (vertical or horizontal) or valances must be of a single color, either white, off-white, light beige or light gray on the exterior facing side. Only products designed for use as curtains, blinds or valances may be used as window coverings. Damaged blinds or curtains visible from the outside must be repaired or replaced.

XIX Satellite Dish

A ONLY after the Property Manager has approved in writing the proposed location may a satellite TV dish receiver be installed. It must be gray in color and not more than one meter in diameter. Satellite dishes must be installed by a licensed, bonded, and insured installer, not by the unit owner or unit tenant.

B The proposed dish site must be located as much as possible to be hidden from the main street view and other units.

C The unit owner is responsible for damage pursuant to the dish installation and for any subsequent damage to the exterior from water leakage or freezing and must repair any damage to the exterior of the unit to match the existing finish of surrounding area.

D The dish must not interfere with any Association landscaping activities.

E Coaxial wiring from the dish must enter the unit as inconspicuously and as quickly as possible and then travel inside the unit to the point of connection.

XX Signs

A “For Sale” or “For Rent” signs (professionally prepared) may be hung or displayed only inside the unit’s windows. There shall be a maximum of two “For Sale” or “For Rent” signs displayed in any unit. No real estate signs are permitted in any Common Element or Limited Common Element except to announce an open house. One “mail box” style holder of descriptive material may be placed close to the front door of a unit in the mulched area.

B “Security” system decals or signs shall be limited in size (maximum of 2” by 6”) and number (one per window). A maximum of two external security signs per unit are allowed and must be placed only in a unit’s mulched area.

C Political advocacy: Not more than one sign not larger than 12” x 14” may be installed by a unit resident in a window not sooner than one month prior to relevant elections and shall be removed immediately after the election. No political signs may be placed on building walls or fences or garage doors or elsewhere inside the Association’s boundaries.

XXI Lawns, Flowers, Landscape and other Vegetation

A Lawns, Flowers and Vegetables

1 Lawns are part of the Common Element. The Association cares for all of the lawns during the entire growing season and in the months when grass goes dormant. Residents must not mow or apply fertilizer or weed killer, or in any way treat the lawns around their units. Applying grass seed is permitted if you wish. We contract with a lawn care company to care for all the needs pertinent to lawn care. Additional application of fertilizer or weed killer could harm the lawn. Watering is permitted and encouraged but care not to waste water should be taken as this utility is paid for by the Association.

2 Flowers may be planted inside the patio fence or in the mulched area on either side of the sidewalk. Any plantings must not interfere with the Association’s landscaping activities.

3 All annuals and perennials are to be maintained at a height not taller than 5 feet. Maintenance of the flowers is the responsibility of the unit owner or unit tenant. Riverbend Association grounds keepers will remove annuals that are not maintained during the growing season by the residents and the cost for removal will be billed to the unit owner. Dead flowers should be removed when observed. Annuals must be cleared out and perennials appropriately trimmed at the end of the season.

4 Tomato or other vegetable plants are to be maintained in season and removed at season’s end by the unit owner or unit tenant. Such plants must be maintained to not exceed the height of 5 feet. Tomato or other vegetable plants may be planted only within the patio area for the Villa and Chateau units and only between sidewalk and veranda or unit sidewall for Abbey and Canterbury units.

5 Artificial flowers are not permitted anywhere outside a unit.

6 Nothing may be put or planted in the tree rings or on the trees in the Common Element.

B Landscape Plants

1 To preserve the continuity and uniformity of the common plantings, the Board must approve any planting of new shrubs, evergreens, or trees in the mulch bed or in the Common Element outside a unit. A variance request must be submitted and approved in advance of any work.

2 New approved plants become the property of the Condominium Association, which will control future mulching, pruning and fertilization. However, should any one or more of the new, variance- approved and installed plants then die, the unit owner is responsible for removal and replacement or the Association may choose to restore the original landscaping.

COMMUNITY CONCERNS

XXII Animals

A Any pet, when outdoors, shall be attended directly and continuously by a person capable of controlling it on a leash and carrying a visible means of cleaning up pet waste. The owner or responsible person is responsible for the immediate cleanup of all pet waste.

B No pet shall be tethered outside or left unattended in any Common Element or Limited Common Element nor may a resident keep inside the Association’s boundaries a pet that creates a continuing nuisance to other residents (smell, noise, danger).

C Our association insurance does not cover liability for certain animals/pets. Animals/pets not covered are listed in Appendix D. Any owner of the described animals/pets must provide to the association verification of insurance that specifically covers liability resulting from injury by the animal/pet to anyone in the home or on limited common or common property of the Villas at Riverbend Condominium. The Villas at Riverbend Condominium Association will not be liable for any injury caused by the above described animals. Financial charges to the association resulting from injuries from any such animals/pets shall be assessed to the owner in full. Uninsured animals/pets on this list are not permitted on Villas at Riverbend property and may be evicted.

XXIII Solicitation and Garage Sales

A Except as noted in Paragraph B, below, door-to-door solicitation or posting or distributing material in any location on community property for any purpose (commercial, religious, political, charitable, etc.) and by any method (personal contact, distribution of leaflets, etc.) within the Riverbend community is prohibited. If you are solicited or you observe solicitation occurring, contact a Director or the Property Manager.

B. Garage Sales and Tag Sales.

1. Garage sales and tag sales are prohibited, unless approved by the Condominium Association. When a resident is deceased or moving, a one time sale may be authorized. The sale must be in the confines of the home and/or garage. It may be held 9-4 on Friday and 9-12 on Saturday. The sale may be conducted by the resident, a family member, or professionally handled. The Board of Directors must be notified of the dates, times, and hours of the sale.

2. One sign at the entrance of the community and one sign at the site of the sale are permitted. A one-time exception to Paragraph A, above is permitted for the circulation of flyers within the community.

3. Parking must allow clear passage on the streets. The person holding the sale is responsible for controlling parking to assure clear passage.

MAINTENANCE OF YOUR UNIT

XXIV Maintenance Responsibility of Owners and the Condominium Association

A clean community that is well maintained helps to preserve and enhance the value of each owner’s investment in their unit. Some of the maintenance areas are the unit’s owner’s or resident’s responsibility. Others are the responsibility of the Association and should not be done by unit owners or tenants. The table in Appendix B lists many areas or items and defines who the responsible party is for maintaining, repairing or replacing the item. If in doubt, speak to a Director or the Property Manager.

XXV Winterization Responsibilities of Owners

Owners are reminded that the Association and the property management agent have published suggested steps you should consider in the event that the unit will be unoccupied for an extended period of time when the outside temperature may fall below freezing. An owner is responsible for assuring that a vacant unit is in a condition where very cold temperatures will not result in damage. Appendix C lists these suggestions. This is not an all inclusive list and you should consider your particular situation.

COMMON SERVICES

XXVI Trash Collection

A. Refuse and trash collection is done only at the main streets - Riverbend Place, Stonebend or Stonewoods - next to the curb.

B. ONLY Hard-sided trash containers and secured plastic bags not containing food or garbage may be placed at curbside after 5:00 p.m. on the day preceding collection. Hard-sided trash containers and lids must be marked with a unit’s street number. Such containers must be retrieved and put away by 9:00 p.m. the day of collection. NOTE: If you have a physical problem in getting your trash container(s) to or from the pickup point, please call a Director on the Board. He or she will arrange for someone to move your container(s) for you.

C. Secured plastic bags containing leftover food or garbage may be placed at curbside ONLY AFTER 5:00 a.m. on pickup day, not the night before.

D. Unit residents are to clean up any trash spillage from their unit’s containers or plastic trash bags or the owner will be billed the actual cost of having it done.

E. Trash containers, when not set out for collection, must be kept inside the garage.

F. No hazardous materials (paint, flammable materials, acids, oils, etc) shall be placed in trash containers for collection. Proper disposal of such material is the responsibility of the resident.

XXVII Contract Services Related Issues

A The Riverbend Association contracts for a number of services that maintain the Villas of Riverbend Common Areas such as the lawns, streets, driveways, walks, the Clubhouse, and the Pool.

B The removal of snow and ice is contracted. You may shovel snow on your walk or drive if you desire. Ice and snow removal chemicals are damaging to concrete. If you feel you must use a chemical on the concrete walks, use synthetic ice melt according to the directions. The directions will include the specific amounts and range of temperatures in which the product is effective.

XXVIII Utilities

A Unit owners or unit tenants are responsible for maintenance and payment of their own gas, electric, cable or satellite television, telephone and for calling to initiate service on the date of possession of their unit.

B The Condominium Association pays for water and sewage utilities. The Board encourages unit residents to avoid waste of water in watering lawns or plants or in washing cars to help hold down monthly dues.


Appendix A

VILLAS AT RIVERBEND CONDOMINIUM ASSOCIATION

CLUBHOUSE RENTAL TERMS AND CONDITIONS

1. All Clubhouse usage rules of the Resident Handbook apply to rentals and are incorporated by reference in this Rental Agreement.

2. The resident renting the Clubhouse must be present at all times during the event. No resident may reserve the Clubhouse on behalf of another resident.

3. Reservation information can be obtained from the Clubhouse Chairperson. A reservation may be made and confirmed one year in advance by submission and approval of a signed rental agreement. Once the Clubhouse is reserved for a specific time, the reservation will be posted on a calendar in the entryway of the Clubhouse and printed in the Riverbend Newsletter. This will serve as proper notification to all residents that the Clubhouse has been reserved and is not available during the reserved hours for use by other residents

4. Christmas Day, Christmas Eve, New Years Eve, New Years Day, Easter, and Thanksgiving are considered high demand dates. The Clubhouse may not be rented by the same person two years in a row on these high demand dates, unless the date is still available three (3) months prior to the holiday.

5. A $175.00 refundable security deposit and a $25.00 user fee are payable sixty days prior to the event. Checks should be made out to The Villas at Riverbend Condominium Association. The $175.00 security deposit will be refunded provided there are no damages and rooms are left in a clean and orderly condition. If the Association incurs a cost for returning the area used during the function to its original condition, it will be deducted from the security deposit. The renter will pay any costs in excess of the security deposit within fifteen (15) days of the function. The user fee will not be refunded if the event is cancelled less than thirty days prior to the scheduled event except for an unforeseen emergency such as a serious illness or death.

6. Reserving the Clubhouse for guests does not extend to the guests’ use of the exercise room, library or the pool.

7. Supervised children’s activities are permitted directly behind the clubhouse. They shall be no closer than 20’ to the adjacent condos.

8. The Clubhouse must be completely vacated and cleaned at the end of the function, not the next day. The Association will provide a broom, bucket, mop, and sweeper. There will be an inspection both before and after the event. The inspection will include grounds, restrooms, hallways, and party room.

Cleaning Instructions for Rental Use of the Clubhouse

1. All trash must be removed from the building.

2. All countertops and tabletops must be cleaned.

3. Hard floors must be swept and mopped with clear water and the carpet vacuumed. (Broom, mop, bucket, and sweeper are provided.)

4. Tables, chairs, and other furniture must be returned to pre-function position.

5. Kitchen, kitchen sink and all appliances must be left clean.

6. Bathrooms must be left in a clean condition.

7. All food particles, crumbs, etc. must be removed from all surfaces including furniture.

8. All items must be removed from the refrigerator before leaving.

APPENDIX B IS LISTED SEPARATELY  click on page 4 at http://villasatriverbend4.blogspot.com/


APPENDIX C-WINTERIZATION

SUGGESTIONS FOR SHUTTING DOWN YOUR CONDOMINIUM FOR THE WINTER

Homeowners who plan to shut down their residence for the winter months should take some very basic precautions to prevent damage to your home and possessions as well as your neighbor’s home. If you plan on doing so this winter, the following tips will help insure your home will be safe while you are away. There are two ways to close down a home, partial closing and complete closing.

PARTIAL CLOSING

If you have someone who can keep an eye on your home by checking it regularly, then doing a partial closing may be ideal for you.

• Leave your heat on but at a lower setting, usually 55-60 degrees F.

• Replace your furnace filter before you leave for efficient operation.

• Leave all internal doors open to promote circulation and even temperatures.

• Water Heaters should be turned down to a vacation setting.

• Turn off the water supply line to your condo. (be careful not to turn off the water to all condos in your building) Usually this will be in the wall behind the washer. Or adjacent to your water heater. Open your faucets to make sure all water is drained.

• Leave your electrical system operating. This will allow you to use timers on your lighting if desired.

• Disconnect electronics and appliances such as TV’s, stereos, computers, and microwaves.

• Stop or forward all mail and newspapers as appropriate.

• If you have a security alarm, make sure that whoever is keeping an eye on your home has the code and knows how to operate it.

• Provide your Association the telephone number of both where you will be as well as the number of the person responsible for your home.


COMPLETE CLOSING PROCESS

If you do not have someone to regularly inspect the inside of your home, then you may wish to consider a complete closing of your home. Obviously, there is much more work involved in this type of closing.

• Turn off the furnace. Shut down the power at the breaker. If your furnace has a humidifier, drain it also.

• Drain water from all other plumbing, including toilets and water heaters. If you are not experienced at this, hiring a plumber is highly recommended as the systems, drains, and traps will need to be treated with antifreeze.

• Turn off the water supply at the main shutoff valve.

• Make sure all outside garden hoses are removed and stored away.

• Unplug all appliances throughout the home. Drain any that use water. Washing machines may need to have antifreeze added to the tub according to the manufacturer’s specifications.

• Remove all perishable food from both the refrigerators and freezers.

• Stop or forward all mail and newspapers as appropriate.

• Provide your Association the telephone number of where you will be as well as the number of someone who can open your home if necessary in an emergency.

These are suggestions to lessen the possibility of property damage. While this list is certainly not all inclusive, it will help you to make sure certain basic requirements are taken care of. No procedure is foolproof. Undoubtedly, you may have additional steps to add that are unique to your particular situation.


APPENDIX D-LIABILITY EXCLUSION FOR SPECIFIED ANIMALS

Our association insurance does not cover liability for certain animals/pets. Animals/pets not covered are listed in this Appendix. Any owner of the described animals/pets must provide to the association verification of insurance that specifically covers liability resulting from injury by the animal/pet to anyone in the home or on limited common or common property of the Villas at Riverbend Condominium. The Villas at Riverbend Condominium Association will not be liable for any injury caused by the above described animals. Financial charges to the association resulting from injuries from any such animals/pets shall be assessed to the owner in full. Uninsured animals/pets on this list are not permitted on Villas at Riverbend property and may be evicted.

Injuries caused by any of the following animals owned by or in the care of an insured is excluded:

1) The following types of pure bred dogs or a mix breed including one of these types:

a) American Staffordshire Terriers, American Pit Bull Terriers, or

Staffordshire Bull Terriers, all commonly known as Pit Bulls;

b) Doberman Pinschers

c) Rottweilers

d) Chow Chows; or

e) Presa Canarios;

2) wolf hybrids;

3) dogs that have been trained to attack persons, property or other animals; or dogs that have been trained to guard persons or property;

4) any dog, used in any manner, as a fighting dog or bred specifically for fighting;

5) any dog with a prior history of:

a) causing bodily injury to a person; or

b) attacking or biting another animal;

established through insurance claims records, or through the records

of local public safety, law enforcement or other similar regulatory agency
2010 RESIDENT HANDBOOK RULES

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