Lake Villas at Pine Creek Ridge

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Rules & Forms Page

RULES AND REGULATIONS

One of the fundamental purposes of the Condominium Association is to develop and enforce Rules and Regulations which enhance the shared ownership involved. Rules and Regulations provide the basis for protecting the Co-owners' investment in the Condominium Project and for providing the framework within which Co-owners can live in harmony in a group situation. We hope you will recognize the following Rules and Regulations as additional tools to keep Lake Villas at Pine Creek Condominium beautiful and to make the Condominium Project a pleasant living environment for all its residents.

Article VI, Section 10 of the Amended and Restated Bylaws for Lake Villas at Pine Creek Condominium dated June 6, 2002 grants the Board of Directors the authority to make Rules and Regulations as are reasonably necessary to facilitate the use and operation of the Condominium. Such Rules and Regulations shall become part of and included in the Condominium Documents.

Link to Rule	Topic Covered
Rule #1	MODIFICATIONS TO UNITS and COMMON ELEMENTS - PROCEDURE
Rule #2	VIOLATION ENFORCEMENT - PROCEDURE
Rule #3	SIGNAGE AND FLAGS
Rule #4	LANDSCAPE MODIFICATION EXCEPTIONS TO RULE #1
Rule #5	ANTENNA INSTALLATION
Rule #6	AESTHETICS

The following forms are PDFs. To download them you will need to have Adobe Acrobat Reader 5.0 or newer. If you do not have Acrobat Reader you may down load the free version at the Adobe web site.

Links PDFs	Proposed Changes to the Rules
Proposed Rule #1	MODIFICATIONS TO UNITS and COMMON ELEMENTS – PROCEDURES
Proposed Rule #4	LANDSCAPE MODIFICATION EXCEPTIONS TO RULE #1
Landscape Guidelines	Co-owner’s Landscape Guidelines


Forms	Description	Size
Modification Request and Agreement	This form is used to apply for any changes you wish to make to the grounds or exterior of your unit. This is the revision of August 2008.	25 KB
Master Deed	This is the latest version of the regulations that govern the Association as of June 24, 2002. We apologize that this is not a very user friendly format and hope to rectify that in the near future..	4.9 MB
Maintenance & Repair Matrix 2008	A form that explains who bares the responsibility for repairing the various elements that make up the condominiums. This was updated April 4, 2008	160 KB
Personal Property Inventory	This form can be filled in using your Adobe PDF reader program or it can be printed and filled in by hand. After the form is downloaded and opened simply click in the spaces or on the lines and type in the information. You can then save it to your computer and/or print it out.	1.6 MB
Home Security - Leaving on a Trip	This is NOT a PDF, but it is a web page that will stay on our web site.	Web page
Home Security - Windows and Doors	This is NOT a PDF, but it is a web page that will stay on our web site.	Web page
Border and Shrub Maintenance	Form to take Personal Responsibility of Boarder and Shrub Maintenance	52 KB
Notification of Antenna Installation	Use this form to provide the Association notice prior to installing an antenna on your unit.	23.8 KB

Rule #1
MODIFICATIONS TO UNITS and COMMON ELEMENTS - PROCEDURE

All alterations in the exterior appearance or structural modifications to the Units (including interior walls through or in which there exist easements for support of utilities) or changes to any of the Common Elements, Limited or General (including landscaping and decorative elements, with the exception of those controlled by Rules #3 and Rule #4), must be approved in writing by the Board of Directors.

All requests for modifications to the units and common elements must be submitted to the Management Company (currently Cummings Management 810-733-5690), by utilizing the “Modification Request and Agreement” form. This form can be downloaded from the Association website at http://www.pinecreekcondos.com or obtained from the Management Company.

Submission of the completed request form and appropriate drawings must be in duplicate and include a refundable deposit check in the amount of 10% of the estimated cost. The check is to be made payable to Lake Villas at Pine Creek Condominium Association.

The deposit will used to offset any expenses incurred by the Association if the work does not comply with the approved plan. The Deposit will be returned to the requester upon successful completion of the approved work and full compliance with all Association Rules and Regulations pertaining to the modification, less any portion used by the Association to offset its expenses for achieving compliance.

The appropriate Committee will review each request and, for those requests it does not have authority to approve immediately, the Committee will make a recommendation to the Board of Directors at their next regularly scheduled meeting. Each requester and interested neighbor is welcome to attend this meeting. The Committee Chairperson or Management Company will inform the requester, in writing, of the Board’s decision. Appeals by owners or neighbors may be made to the Board at subsequent meetings.

ANY CHANGES TO AN APPROVED PLAN (INCLUDING ADDITIONS, MODIFICATIONS, ADJUSTMENTS AND DELETIONS) MADE AFTER BOARD APPROVAL MUST BE REFERRED TO THE APPROPRIATE COMMITTEE FOR REVIEW AND APPROVAL IN ADVANCE OF BEING PERFORMED.

Amended/Approved: December 12, 2007

Effective Date: February 15, 2008

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Rule # 2

VIOLATION ENFORCEMENT - PROCEDURE

General. The violation by any Co-owner, occupant or guest of any of the provisions of the Condominium Documents including any duly adopted rules and regulations shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, of monetary fines against the involved Co-owner. Such Co-owner shall be deemed responsible for such violations whether they occur as a result of the Co-owner’s personal actions or the actions of the Co-owner’s family, guests, tenants or any other person admitted through such Co-owner to the Condominium Premises.

Procedures. Upon any such violation being alleged by the Board, the following procedures will be followed:

(A) Notice. A first Notice of Violation shall be sent by first class mail, postage postpaid, to the alleged offending Co-owner or the designated voting representative of the alleged offending Co-owner at the address as shown in the notice required to be filed with the Association pursuant to Article VIII, Section 3 of the By-laws. The first Notice of Violation will include a reference to the Condominium Document provision violated; a description of the factual nature of the alleged offense set forth with reasonable specificity so as to place the alleged offending Co-owner on notice as to the violation; and a date by which the violation shall be corrected.

(B) Opportunity to Defend. The alleged offending Co-owner may request, in writing addressed to the Manager of the Association, a hearing before the Board and offer evidence in defense of the alleged violation, provided such request is received by the Manager prior to the date set for correction of the Violation in the first Notice of Violation. The appearance before the Board shall be at its next scheduled meeting following the request for hearing, or such other time as may be mutually agreeable.

(C) Default. Failure of the noticed Co-owner to request a hearing within the time prescribed above, or failure to appear at a requested hearing without prior notification to the Board, shall constitute a default and acceptance of responsibility by the Co-owner of the Violation as an offending Co-owner.

(D) Hearing and Decision. Upon appearance by the noticed Co-owner before the Board and presentation of evidence of defense, the Board shall, by majority vote of a quorum of the Board, decide whether the Co-owner is responsible for a violation that has occurred, as an offending Co-owner. The Board's decision is final.

(E) Fines. Upon violation of any of the provisions of the Condominium Documents the following fines may be levied by the Association against the offending Co-owner:

First Notice of Violation.
No fine shall be levied.
For failure of the offending Co-owner to comply with a First Notice of Violation by the date set for correction, or Failure to comply with the Board's decision by an adjusted date set for correction following a requested hearing:
Twenty Five Dollars ($25).
For failure of the offending Co-owner to comply one month following the date set for correction by either the First Notice of Violation or the Board's decision following a requested hearing:
Fifty Dollars ($50).
For failure of the offending Co-owner to comply each month following (3) above and continuing until compliance is made and the offending Co-owner provides notice in writing to the Manager of such compliance:
One Hundred Dollars ($100)

(F) Collection. The fines levied pursuant to Section E above shall be assessed to the Co-owner and shall be due and payable together with the regular Condominium assessment (monthly dues) on the first of the next following month. Failure to pay the fine will subject the Co-owner to all liabilities set forth in the Condominium Document including, without limitations, those described in Article II and Article XIX of the Bylaws.

Adopted: October 1, 2006
Effective: November 15, 2006

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Rule # 3

SIGNAGE AND FLAGS

No signs, flags or other advertising devices shall be displayed which are visible from the exterior of a Unit or on the Common Elements, with the following exceptions:

A. A single sign indicating that a Unit is being offered for sale or lease may be displayed inside a window of the Unit, provided such sign measures no more than 2 ft. by 3 ft., is not subjected to specifically directed artificial illumination and does not emit artificial illumination.

B. A single container for holding brochures or other information sheets may be provided on a stand in a mulch area of a tree in front vicinity of a Unit that is being offered for sale or lease, provided such container measures no more than 13 inches high and 11 inches wide and is no more than 48 inches above the lawn. Damages made to trees or other landscaping elements will be assessed against the Co-owner of the Unit. This exception is further conditioned on the Co-owner maintaining such container and brochures in an orderly manner that prevents the creation of an unsightly condition, as determined by the Management Company or the Board of Directors.

C. A single sign indicating an “open house” or “auction” event directed to the potential sale or lease of a Unit, may be temporarily placed in the lawn area in front of a Unit that is being offered for sale or lease and on a neighborhood street corner on the day such event is to occur. Such signs must be removed immediately following each event.

D. No more than once in any calendar year and for no longer than three consecutive days, a Co-owner may advertise a “yard” sale (includes, for purposes of this Rule, “garage” and “estate” sales) at that Co-owner’s Unit and display a single sign indicating such a sale in the lawn area in front of the Co-owner’s Unit and on a neighborhood street corner only on each day such sale is to occur. Each such sign shall measure no more than 2 ft by 2 ft. and must be removed immediately following the sale. This exception is further conditioned on Co-owner providing written notice of such sale to the Management Company at least fifteen (15) days prior to conducting such a sale. Such notice shall include the name of the Co-owner and address of the Unit, as well as the day(s) and time period(s) of such sale.

E. A single flag or other banner representing any sports team name or logo may be displayed on the Limited Common Elements or the exterior of a Unit below the lowest roof line and only on the day of a sporting event involving that team. Such display is restricted to no more than one day per week per Unit. Flags or banners are restricted in size to no more than 3 ft. by 5 ft.

F. A single American flag not exceeding 3 ft. by 5 ft. may be displayed on the exterior of a Unit.

Adopted: April 27, 2007
Effective: June 1, 2007

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Rule #4

LANDSCAPE MODIFICATION EXCEPTIONS TO RULE #1

The Association Master Deed and Rule #1 require that all alterations in the exterior appearance to the Units or changes to any of the Common Elements, including landscape modifications, be approved in writing by the Board of Directors. Installation of each of the following elements is approved by the Association and may be installed by Co-owners without complying with the modification request procedures of Rule #1.

Flowering live plants may be planted either in the ground or in unpainted containers placed within the front mulch area immediately in front to the unit, provided such plants and containers do not exceed the height of the bushes/shrubs (“Developer/Association plantings”) behind them and do not interfere with the landscape irrigation system’s ability to irrigate the Developer/Association plantings. (Any changes to the irrigation system that are deemed by the Association to be necessary to accommodate both Co-owner plantings and Developer/Association plantings will be charged to the Co-owner.) Such containers must be removed when they no longer contain live plants.

Unpainted planter boxes (limit of 2) made of a neutral color stone, metal or composite material and containing live flower plants may be placed on the front porch, walkway or paved area adjacent the garage door. Such planters must be removed when they no longer contain live plants.

Unpainted statuary (limit of 2) made of a neutral color stone or composite material, not exceeding 16 inches in height, may be placed either on the porch or in the mulch area immediately in front of the unit.

A single plant trellis up to 3 ft. in width and climbing plant is permitted on the garage wall adjacent the front porch of a unit as long as the trellis is not connected to and the plant does not adhere to the wall surface of the unit. The climbing plant must be trimmed to stay below the eaves. The trellis must be removed when it no longer supports a live plant.

One (1) shepherd hook up to 5 ft above ground with no more than three (3) hanging live plant baskets is permitted in the mulch area immediately in front to the unit. Plant baskets must be removed when they no longer contain live plants.

Bird feeders and bird houses (2 total) may be installed behind a unit in a non-mowed area or in a personally maintained border area around the rear deck or porch where dropped seeds are prevented from taking root in the lawn.

All other alterations must be requested in accordance with Rule #1 and approved in writing by the Board of Directors.

Adopted by Board of Directors: May 17, 2007
Amended/Approved: October 23, 2008
Amended Rule Effective Date: December 1, 2008

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Rule #5

ANTENNA INSTALLATION

In accordance with the Amended and Restated Bylaws (Exhibit “A” to the Master Deed), Article VI, Section 3(b), the following restrictions shall apply to the installation of an antenna on any unit.

Types of Antennas Permitted:

Direct broadcast satellite antennas (“Satellite Dishes”) one meter or less in diameter;
Television broadcast receiving antennas of any size; and
Multi-point distribution service antennas (sometimes called wireless cable or MDS antennas) one meter or less in diameter.
Locations:
To the extent possible, it is preferred that installation be made on the rear wall of the unit (General Common Element) or a porch, patio or deck (Limited Common Elements).
Installation is permitted on any Limited Common Element. However, any installation on a Limited Common Element that is located in the front of the unit may require additional landscaping or other screening in order to maintain unit aesthetics and hide the antenna from view. The Association may require screening, at the Co-owner’s expense and on a case-by-case basis, provided such screening does not adversely affect reception.
Installation is permitted on the side wall of the unit (General Common Element) - as far to the rear of the unit as possible while maintaining unimpaired reception. (This location is preferred over installation on a Limited Common Element located in the front of the unit, but only acceptable if no rear porch, patio, deck or rear wall location is suitable for unimpaired reception.)
Any use of a mast in association with an antenna installation may not exceed twelve (12) feet above the roofline.
No installation shall be made on any other General Common Element, including roofs of units.

Color:

Satellite dishes and MDS antennas shall be maintained in a dark gray color, without predominantly displaying trademarks, logos or other advertising legends.

Notice/Compliance:

Prior to any installation or change of installation Co-owner must complete and submit a “Lake Villas at Pine Creek Condominium Association Notification of Antenna Installation” form to the Association’s Manager that contains signatures of all the Co-owners of the corresponding unit.

A representative of the Association will attempt to schedule a meeting with the requesting Co-owner, within seven (7) days after receipt of the Notification form by the Manager, to discuss the installation.

No installation of an antenna shall be permitted unless the installation is in compliance with all elements of this Rule #5.

Any variation or exception to this Rule #5 must be approved, in writing, by the Board of Directors.

Responsibilities:

The Co-owner shall be personally responsible for maintenance, repair, replacement of the installed antenna and any portion of any limited or general common element that becomes damaged, unsightly or otherwise changed in its normal function or appearance due to the installation, presence or removal of the antenna.

The Co-owner agrees to indemnify, defend, and hold harmless the Association from all costs, damages, and attorney fees it may incur as a result of the Co-owner’s installation or removal of the antenna, or its presence.

If the antenna remains on the unit following a sale of the unit, the Co-owner’s responsibilities shall be passed on to the subsequent Co-owner of the unit.

Adopted by Board of Directors: October 22, 2008
Effective Date: December 1, 2008

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Rule #6

AESTHETICS

In general, no activity shall be carried on, nor condition maintained by any Co-owner either in the Co-owner’s unit or on the Common Elements, which is detrimental to the appearance of the condominium.

A. The Common Elements, Limited or General shall not be used for storage of supplies, materials, personal property or trash or refuse of any kind. No unsightly condition shall be maintained on any deck, patio, porch or other Limited Common Element. Furniture and equipment consistent with the normal and reasonable use of such areas shall be permitted to remain there during seasons when such areas are reasonably in use. No furniture or equipment of any kind shall be stored on any patio, unenclosed porch or deck, or other Limited Common Element during seasons when such areas are not reasonably in use, except for tables, chairs and cooking grills that are securely covered with a black or gray vinyl or fabric material. Tables, chairs and cooking grills stored on porches or decks enclosed with screens or windows are not required to be covered.

B. Trash receptacles shall not be maintained outside of a unit on the Common Elements except for such short periods of time as may be reasonably necessary to permit periodic collection of trash, without prior written permission from the Board of Directors.

C. The Common Elements shall not be used in any way for the drying, shaking or airing of clothing or other fabrics. There shall be no outdoor cooking or barbeques on the Common Elements except in areas designated therefor by the Board of Directors. The Board of Directors has designated patios, decks, rear porches and garage entrances of Units as areas where outdoor cooking is permitted, provided reasonable safety precautions are followed.

Adopted by Board of Directors: October 23, 2008
Effective Date: December 1, 2008

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Lake Villas at Pine Creek Ridge

Rules & Forms Page

RULES AND REGULATIONS

Forms

Description

Size