Rules and Regulations

Introduction

The purpose of the Rules and Regulations is to provide useful and important facts and information to the co-owners of the Vista Condominium Association.  It is not intended to cover all facets of the condominium documents or condominium living, but to provide as much information as possible in an organized yet informational fashion which the Board of Directors feels is important for each and every resident to know and understand.  The Rules and Regulations also provide information relative to the imposition and levying of fines.

From time to time, each co-owner may be given updated information, which should be added to this document. Such information, when received, should be attached and retained in the appropriate section as identified by numbering system.

In the event these Rules and regulations conflict with The Vista Association documents (Master Deed, Bylaws and Articles of Incorporation), or the Michigan Condominium Act, the condominium documents and the Act shall govern.

General Information                                                                             

  In this section, you will find matters of interest to you as a resident/renter of The Vistas Condominium Association.  While the information provided does not go into specifics, it will give you some general insights into living in The Vista Condominium Association.

A.    Board of Directors                                                                         

The Vistas Board of Directors consists of a Director, President, Vice-President, Treasurer and Secretary.

B.     Management Company       

Obtain current information from Board members.

Definitions                                                                                            

A condominium is a form of real property.  A condominium unit has the same legal attributes as any other form of real property under Michigan law and may be sold; mortgaged or leased, subject only to such restrictions as are contained in the condominium documents or as otherwise may be applicable to property.

Each owner receives a deed to his individual condominium unit. Each owner owns, in addition to his unit, an individual interest in the common facilities “common elements”, which comprise the project.  Title to the common elements is included as part of, and is inseparable from, title to the individual condominium units.  Each owner’s proportionate share of the common elements is determined by the percentage of value assigned to his unit in the Master Deed.

All portions of the project not included within the units constitute the common elements.  Limited common elements are those elements, which are set aside for use by less than all unit owners.  General common elements are all common elements other than limited common elements.

                                                      Duties and Responsibilities                                                                                       

The Condominium Association

The responsibility for management and maintenance of the project vested in the Vistas Condominium Association, which has been incorporated as a non-profit corporation under Michigan Law.  The Bylaws include provisions that govern the procedural operations of the Association.  Its Board of Directors governs the Association.

Percentages of Value

The percentages of value for The Vistas Condominium Association were all equally computed.  Total value for the entire project is precisely 100.  In the Vistas Condominium Association, the percentage of value assigned to each unit determines, among other things, the value of each co-owner’s vote and his proportionate share of regular and special Association assessments.

Budget

The Condominium Bylaws require the Board of Directors to adopt an annual budget for the operation of the project.  The budget for the project is intended to provide for the normal and reasonable, predictable expense of administration of the project, and includes a reserve for replacement of major structural and other components of the project in the future.

Assessments

Each co-owner of a unit included within the project must contribute to the Associate, in proportion to the percentage of value assigned to unit owned by him to defray expenses of administration.  The Board of Directions may also levy special assessments in accordance with provisions of Article II, Section 3(b), of the Condominium Bylaws.

Restrictions on Ownership Occupancy and Use

Articles VI of the Condominium Bylaws contain comprehensive restrictions on the use of the condominium units and the common elements.  It is impossible to paraphrase these restrictions without risking the omission of some portion that may be of significance to a co-owner.  Consequently, each co-owner should examine the restrictions with care to be sure that they do not fringe upon an important intended use.   

The Board of Directors

The Board is responsible for the operation of the condominium.  As the elected representatives of the unit owners, the Directors make the policy decisions under which the condominium operates.  They also serve as the governing body of the condominium development.  The Board may direct or manage affairs of the condominium project directly or by delegating a portion of its management duties to a separate management company.

The Management Company

The Management Company acts on behalf of the Association and as stipulated by the Board of Directors shall perform such duties and services as are more specifically written in the management agreement entered into between the Board of Directors, for the Association, and the Management Company.  Generally this includes, by way of example but not limited to the following: collecting assessments, paying wages taxes, insurance, and any sums otherwise due and payable by statements, and appurtenances to be properly maintained; purchasing necessary tools equipment, materials, etc.; investigating and reporting all accidents or claims for damages, operating budget; investigating, hiring, paying, supervising and discharging personnel; serving as advisors to the Board of Directors; maintaining bank accounts; sending out by mail flyers, communications, year-end financial statements etc., to all members of the Association.

Monthly Association Fees

Association dues are due the 15th of each month.  If fees are not received by the 25th of the month a $25 penalty fee is charged.  The Master Deed gives the Association the power to collect delinquent assessments by suit for money judgment, or by foreclosure of a lien to secure payment.  Expenses incurred in collecting unpaid assessments (interest, costs, and attorney fees) are chargeable to a co-owner in default.  A co-owner in default is not entitled to vote at any Association meetings.

No co-owner may exempt himself from liability for his contribution toward the expenses of the administration by wavier of the use or enjoyment of common elements or by the abandonment of the unit.

A co-owner may not assert as an answer, to a complaint brought to the Association for the non-payment for assessments, the fact that the Association of co-owners or its agents has not provided the services or management to a co-owner(s).

Delinquency Collection Policy

The policy for collection of delinquent accounts shall be as follows:

Any co-owner’s account that  becomes delinquent in an amount equal to or greater than three months Association fees shall be subject to a lien and all applicable legal fees for the placement of a lien and the subsequent collection of the delinquency will be assessed to the corresponding Co-owner account.  Any account that remains delinquent and exceeds an amount equal to or greater than six months Association fees shall be subject to foreclosure action and all applicable fees shall be charged to the Co-owner Account as defined in the condominium documents.

Parking & Abandoned Vehicles

     Parking

    The following is prohibited:

  1. Parking on the grass, in the walkway areas or the entrance to parking areas.
  2. Parking in such a manner or place to impeded the follow of traffic
  3. Abandoned vehicles

    Abandoned Vehicles

No vehicle shall be permitted to be stored or continually parked upon the condominium Premises unless: It is owned or operated by a co-owner or member of the co-owner’s immediate household, AND

  1. It is in operable running condition, AND
  2. It has current tabs, license plates, and registration, AND
  3. Properly registered

Vehicles not in compliance herewith shall be removed from the condominium premises without liability to the Association at the co-owner’s expense.  Said charges or costs incurred in removing and/or storing said vehicles shall be assessed to and collected in the same manner as condominium assessments from the co-owner determined responsible.  Prior to the removal of said non-conforming vehicles as the direction of the Association, written notice shall be sent to the co-owner (s) allowing them 48 hours to remove said vehicle(s).  The return of any such vehicle removed shall result in an immediate removal of the vehicle(s) without notice and the costs and expenses shall therefore be charged back to the co-owner.

Guest Parking       

Guest parking is allowed in unreserved parking areas.  Co-owners are responsible for notifying their guests and visitors.  Unreserved parking spaces are for quests only! Co-owners shall park in respective reserved spaces.

Prohibited Vehicles

No house trailers, snowmobiles, or snowmobile trailers may be parked or stored upon the premises of the condominium, without the prior written consent of the Association except for reasonable periods of time not to exceed 48 hours during a continuous 7-day period. Commercial vehicles and trucks shall not be parked in or about the condominium (except as above provided) unless making deliveries or pickups in the normal course of business.

Insurance

The Associations carries for protection against liabilities and losses limited to its building structures and common areas.  We wish to stress that the Association’s policy does NOT cover the content within your units, storage areas, or any of your personal belongings or improvements to your unit.  All co-owners should carry a “Condominium Homeowners” Insurance policy to insure your personal property and cover your liability for accidents on your personal premises.

Damage to Common Elements

Co-owners or their family members, including guests and visitors, will not mark, damage, or destroy any part of the common elements.  Co-owners of a unit are responsible for any and all damages to common and limited common elements caused by themselves, their family members, tenants, visitors, and any other person legally on the premises.

Co-owners are also responsible for all damage to the Association’s property caused by their movers, contractors, or subcontractors.

Property damage shall be generally categorized to include, but not to be limited to the following:

Destruction of building exteriors, fences, streets, sidewalks and general landscaping, which include trees, shrubs, utilities, mailboxes, and the general defacement of all other property located on the complex.

Violators will be held responsible and properly assessed for the actual costs for the replacement and/or repair of the damaged property.

Rubbish must be placed in front of each Co-owner’s unit after 5:00 pm on the day preceding the collection day or prior to pick-up on collection day (Collection day is Friday).

Rubbish must be placed in tightly sealed disposable bags or containers.  Newspapers and magazines must be secured tied in small bundles before being placed in plastic bags.  No rubbish shall be stored outside of the units.

Any spillage of garbage is the responsibility of the owner of that garbage NOT the responsibility of the unit the garbage is put in front of for pick-up.  The association will monitor the common elements to make sure that all trash is secured properly.  Residents who do not properly secure their trash may be fined.

Containers must be small enough (less than 33 gallons) to be picked up by the Vistas vendor for trash removal.  If the container is deemed too large, trash may or may not be picked up by trash collectors.  Co-owners who do not adhere to requests on behalf of the Board to place trash in smaller containers will be fined.

Patio/Porch Rules

Patios and porches are to be used as living and not storage areas.  Only furniture and equipment consistent with seasonal use shall be permitted to be temporarily stored during said seasonal use (except gas grills, which may be used all year).

Trash storage in patio area is specifically prohibited regardless of season or reason.

Patio fences or balcony railing shall not be used as a clothesline.

No unsightly conditions may be maintained on any porch or patio.  Only furniture consistent with ordinary porch or patio use is permitted to remain there.  No floor coverings are to be placed on the balcony floors.  These collect moisture and lead to wood rot.

Bicycles/Motorcycles

The operation of bicycles, tricycles, or other children’s vehicles on the streets and walk areas of the condominium must be conducted in a prudent, responsible and sage manner, taking into consideration all conditions (i.e. weather, time of day, pedestrian, or vehicular traffic).  Bicycles are not permitted on the lawn areas.

When not in use, they should not be left in drive areas where cars could hit them and cause damage to the bicycle and/or car. Bicycles are not to be stored on patios or porches.

Use of condominium common elements by mopeds, motor scooters, motor-driven bicycles or other such vehicles is strictly prohibited for purposes of ingress and egress.

Signs & Advertising

No signs or advertising devices, other than “For Sale” signs shall be displayed.  For Sale signs shall not be more than 3 square feet and no more than one sign may be placed in any units window.  For Sale signs are limited to windows of unit only.

Open House Signs – Place in yard the day of the open house only. Limit is 1 per yard.  Do not place signs at any other area on common elements.  Allowed only I day per week.

Election/Campaign signage – 1 per yard; Remove within 48 hours after election.

Sign – other signs or other advertising devices shall not be displayed visible from the exterior nor shall signs be permitted on the common elements.

Pets

The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any unit or upon the common elements.  The keeping of small, orderly domestic pets (dogs, cats or caged birds) may be permitted.  Such pets are not to be kept or maintained for commercial purposes or for breeding and any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property upon ten (10) days written notice from the Board of Directors. Pets shall not be permitted upon the common elements unless accompanied by an adult and unless carried or leashed.

Any unit owner who keeps or maintains any pet upon any portion of the property shall be deemed to have indemnified and agreed to hold the condominium, each unit owner and the Board of Directors, free and harmless from any loss or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the condominium.

Any animal permitted to be kept in the condominium shall be cared for and restrained so as not to be offensive on account of noise, odor, or unsanitary conditions, nor allowed to damage or defecate on general common or limited common elements or personal property located thereon. The co-owner is responsible for the replacement cost of any damage to general common or limited common elements caused by his/her pet.

Patios and porches shall not be utilized to “curb” animals. Animals shall not be left unattended upon any portion of the condominium common elements.

All pets MUST remain on a leash when outside on the common elements.

All pet-owners must clean up after their pet(s).

Modifications

Requests for modifications or alterations must be submitted in writing and approve by the Board of Directors prior to any intended change.  The co-owner should understand that said requests are referred to the Board of Directors for approval and are placed upon the agenda of the next regularly scheduled meeting of the Board of Directors.

No work or variance is allowed until co-owner has received written approval from the Board of Directors.

If written approval is not obtained prior to the start of any modification, the Board of Directors may force removal at the co-owners expense.

Miscellaneous

Snow Removal

After 1 ½” of snowfall, the common elements will be cleared.  The co-owner(s) shall be responsible to insure that all vehicles or equipment of their household (including those guests, visitors, tenants, licensees, and invitees) shall be moved in order to facilitate plowing and removal of snow and ice in the streets and parking areas.  Those areas blocked by vehicles or other equipment of co-owners will not be cleared, and the co-owner(s) who own(s) or is responsible to move vehicle(s) or equipment therefore shall assume all liabilities and responsibilities for the Association’s inability to plow or remove snow and ice.

Speed Limit

The speed limit throughout the condominium complex is fifteen (15) miles per hour. Drivers on the condominium complex shall observe the speed limit and all posted “stop” signs and “no parking” signs and adhere to the Michigan Traffic Code.

Weapons

No co-owners, including those who have an interest in or possession of a unit (including household members, guests, licenses, tenants, or invitees), shall use or permit the use of any fireworks, firearms air rifles, pellet guns, B-B guns, bows and arrows, or other similar dangerous weapons projectiles or devices anywhere on or about the condominium premises.

Barbequing

If any co-owner wishes to use a grill/barbeque, please do so in the exterior of our unit.  Please do not grill in your garage. Any co-owner that is witnessed grilling/barbequing inside his/her garage may be fined.  Please note that this is a serious fire hazard.  Any damage caused to the common elements due to a resulting fire will be charged back to the co-owner whose actions started the fire.

Yard, Garage and Estate Sales

Yard, garage and estate sales are prohibited.

Children in Common Elements

Children who reside or visit The Vistas community are prohibited from playing in the general common elements without supervision.  Children are limited to play in the limited common elements of their own porches, patios and driveways.

Gardening

Co-owners are allowed to plant ANNUALS only within the confines of their limited common elements; these areas would include porches, patios and walkways.  No shrubs or other landscaping is to be removed from the property without written request and approval of the Board of Directors.