Rules and Regulations

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PLEASE NOTE: This is a transcription of the official document. You can download the official document here.

Windsor Place Association Inc.
RULES & REGULATIONS
Revised June 21, 2007. Adopted by the Board of Directors June 21, 2007
1. INTRODUCTION
This document comprises the Rules and Regulations established and enforced by the Board
of Directors of the Windsor Place Association, Inc. These rules are to be observed by owners,
renters, guests, and service personnel. It is the responsibility of homeowners to make their
renters or guests familiar with these rules.
2. AUTHORIZATION
Condominiums are governed by a hierarchy of documents collectively termed the
“Condominium Constituent Documents” (CCDs). The CCDs comprise of four documents which
in descending authority, are the “Covenants, Conditions and Restrictions” (CC&Rs), the Articles
of Incorporation, the Bylaws, and these Rules & Regulations (R&Rs.)
Paragraph 5.12 of the CC&Rs empowers the Board of Directors to develop and promulgate
R&Rs. Although the R&Rs are less formal in phrasing than the other CCDs, they are no less
binding.
The Board of Directors strongly recommends that homeowners carefully read and
understand the following rules and Architectural Specifications. These rules will be
strictly enforced.
3. ENFORCEMENT
The responsibility for enforcement of these R&Rs ultimately lies with the Board. (CC&Rs
10.4.) It may utilize a Rules Committee to assist in enforcement. It is also the responsibility of
the management company and every responsible Windsor Place resident to assist with the rule
enforcement.
4. PENALTIES
Responsibility for the behavior emanating from a particular condominium, whether such
behavior be that of the owner of the unit, the owner’s guest, the owner’s tenants, or the tenant’s
guests, ultimately inheres in the homeowner and warnings, fines, and other administrative
actions are directed at the homeowners regardless of whether he or she was directly involved,
or even lives at Windsor Place.
Any Violation of these R&Rs, or any provision of the CCDs may result in a written notice
being sent to the responsible homeowner (CC&Rs 20.3, 21.2). The homeowner has 10 days
from the postmark date of notice to bring the offending unit into compliance, or respond in
writing by certified mail. If the unit remains in violation, after 10 days from the postmark date of
notice, there shall be grounds for assessment of a monetary penalty/fines and the violating
Owner shall be deemed responsible for such violation(s) and the fine assessed. It shall be in
the Board of Directors’ sole discretion to assess a monetary penalty/fine and set forth the
amount of said fine on a case by case basis as deemed appropriate by the Board. Moreover, it
is in the Board of Directors sole determination and discretion to set up a Fine Schedule for
requisite fines if deemed appropriate by the Board. The owner will be given an opportunity to
appear before the Board at the next scheduled Monthly Meeting before the fine is applied to
their account. Ultimately, failure to pay or unsuccessfully appeal a fine, the Association can
enforce payment of these fines by: (1) filing a lawsuit against the owner; (2) obtaining a
judgment against the owner; AND (3) recording a judgment with the county recorder’s office.
After the judgment is recorded, the Association will have a lien that is effective upon
conveyance or paid at the time of the sale of the unit/lot. Alternatively, the Association can
collect the judgment through garnishment of wages or a bank account (CC&Rs 11.5E).
The forgoing are administrative actions and constitutes a minimum penalty applicable to
non-disruptive infractions. The application of administrative sanctions does not preclude the
filing of civil or criminal charges, or a lawsuit seeking the Association’s available legal remedies,
including but not limited to injunctive relief, when the violation in question is a destructive or
malicious or constitutes an on going disturbance. (In extreme situations, the Board can abate
and remove the thing or condition from the complex such as offending property (vehicles, dogs,
stereos, etc.) and can charge the responsible homeowner for any expense incurred through
such action (CC&Rs 20.1, 11.2B).
A Homeowner upon whom fines or other penalties have been imposed may appeal such
penalties in writing by certified mail, or by appearing before the Board.
5. DISTRIBUTION
One copy of these R&Rs shall be supplied free of charge to each homeowner for each unit
owned. When the R&Rs are amended, or revised, a copy of the amended or revised pages
shall be supplied in an alike manner.
Additional copies of the R&Rs, as well as copies of any of the other CCDs can be obtained
from the management company for the cost of copying and mailing. Homeowners are also
entitled to, again at copying costs, minutes of Homeowners and Board meeting, financial
reports, management report, and all other documents pertaining to the finances and governance
of the Association and it’s common elements, upon written request to the Board of Directors.
Pursuant to state law, the Association may charge $0.15 per page for a document request from
an Owner.
6. USE AND OCCUPANCY RESTRICTIONS
6.1 Noise (CC&Rs 5.3)
Noise is a severe problem in any condominium area. Residents and their guests shall
exercise extreme care about making noise. The City of Phoenix has an Excessive Noise Law.
Excessive noise at Windsor Place should be reported to the Phoenix Police Department by the
homeowner(s) that is (are) irritated by the noise. The Board of Directors reserves the right to
also levy a fine (after notice and an opportunity to be heard) on any homeowner for excessive or
repetitive noise disturbances.
6.2 Pets (CC&Rs 5.6)
The R&Rs were amended December 31, 1986 to prohibit the acquisition and maintenance
of any dog that was not already on the Property. The R&Rs continue to prohibit dogs on the
property.
Resolution of Windsor Place Association, Inc. Dog Rules and Regulations
On the 17th day of May 2007 at a meeting of the Board of Directors (“Board”) of Windsor
Place Association, Inc. (Association), whereby a quorum of the Board were present in person, a
majority of the Board adopted the following Resolution:
WHEREAS, pursuant to the Association’s governing documents, the Board has the power to
make and amend rules and regulations respecting the operation, use and maintenance of Lots
and Common Areas;
WHEREAS, the Board desires, in the interest of the safety and welfare of the residents
within the Association, to prohibit all dogs from the Association, with the exemption of those
dogs which are permitted by law;
WHEREAS, the Board desires, in the interest of the safety and welfare of the residents
within the Association, to create a set of Rules and Regulations for any and all dogs permitted
within the Association;
WHEREAS, the Board desires to assign a monetary penalty for violation of Dog Prohibition and
Rules and Regulations;
THEREFORE, be it resolved that at its meeting on the 17th day of May, 2007, the Board
voted to adopt the following:
DOG PROHIBITION and EXEMPTIONS
1. Dogs are prohibited unless specifically exempted as provided below.
2. Exemption: Association shall make reasonable accommodation for Service Dog(s), as
defined below. However, allowed Service Dog(s) shall be subject to the below
mentioned Rules and Regulations regarding dogs.
3. “Service Dog” is defined as any guide dog, signal dog, or other dog individually trained to
provide assistance to an individual with a disability, regardless of whether they have
been licensed or certified by the state or local government.
Requirements:
A. Owner or occupant is a person with a disability.
B. Service Dog shall have ability to provide specific assistance to an individual with an
individual with a disability.
4. Exemption: Association shall make reasonable accommodations for Emotional Support
Dog(s) as defined below. However, allowed Emotional Support Dog(s) shall be subject
to the below mentioned Rules and Regulations regarding dogs.
5. “Emotional Support Dog” is defined as any dog that provides companionship, relief from
loneliness & depression, and similar support. The emotional support the dog provides
must have a direct link to the ease of the Owner’s or occupant’s disability.
Requirements:
A. Owner or occupant is a person with a disability.
B. Owner or occupant requires the dog to ease the symptoms of the Owner’s or
occupant’s disability or provide a service to the Owner or occupant.
C. Owner or occupant has a letter or prescription from a doctor or therapist.
6. Any and all dogs of which the behavior, as determined in the Board’s sole determination,
poses a threat to the health or safety of others and/or creates an unreasonable risk of
harm to the Association are prohibited.
Dog Rules and Regulations
1. Any owner or occupant of a permitted dog of a permitted dog must register his/her dog
with the Management Company within 30 days of occupancy of a Unit within the
Association, or obtaining a permitted dog.
2. Any Owner or occupant of a permitted dog must renew registration with Management
Company annually prior to January 1st of each year.
3. All permitted dogs must have current rabies vaccinations.
4. All permitted dogs shall be on a leash. Maximum length of 8 feet, and shall be
accompanied at all times when outside an Owner’s or occupant’s unit.
5. Ingress and egress from Units of accompanied and leashed permitted dog is
permissible, but dogs shall not be maintained (walked. Allowed to relieve, etc) on
Association Common Area, except for areas expressly allowed for dogs. Allowable
areas is defined as: outside of perimeter wall on N. 5th Street and E. Thomas.
6. Unit Owners shall remove all pet waste and pick after his/her dog.
7. Unit Owners shall discard pet waste ONLY in Association designated dumpsters.
8. Dogs are prohibited from pool area.
9. Dogs shall be prohibited from making noise, including but not limited to barking, so as to
disturb neighbors and create a nuisance.
10. Any and all dog bites must be reported to an animal control agency. The cause of the
bite will be investigated and a Health Quarantine by the State Health Department.
11. The Number and size of pets within a unit must comply with City Ordinances.
12. Pets weighing more than 30 pounds are prohibited.
13. Leaving food outside the units for pets is prohibited.
ALL VIOLATIONS OF THE ABOVE-MENTIONED DOG RULES AND REGULATIONS/
DOG PROHIBITION WILL BE HANDLED IN THE FOLLOWING MANNER:
First Offense – A written notice will be delivered to the owner and/or resident committing the
violation. Notice of the violation and potential fine if the violation continues, and an
opportunity to be heard if the Owner disputes said violation shall be provided.
Second/additional Offense(s) – A fine in the amount of (1) $100.00 per month for failure to
properly register a permitted dog; and (2) $25.00 per occurrence for other violations of the
stated Dog Rules and Regulations, may be assessed to the Unit Owner, along with any
additional expenses (i.e. repairs, restoration, removal). Fines shall continue until the
violation is brought into compliance at the discretion of the Board of Directors.
WINDSOR PLACE
VIOLATION REPORT FORM
Owner may submit to the Association reports of violations in writing via U.S. Mail, fax, email,
hand delivered to a current Board Member/The Osselaer Company, or in person at a Board of
Directors Meeting
Unit in violation: __________________
Date/Time of Violation: _________________________________________
Location of Violation: ___________________________________________
Type of Violation:
* NOT PICKING UP AFTER DOG
* PET (S) NOT ON LEASH AT COMMON AREA
* NOISE NUISANCE
* LEAVING FOOD OUTSIDE THE UNITS FOR PETS
* OTHERS
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________
My Printed Name: ________________________________________________________
Unit Number: ____________________________________________________________
Phone Number: _______________________ Fax: _________________________
Signature: ____________________________ Date Submitted: ________________
By Mail: 532 E. Maryland Ave. Suite F, Phoenix, AZ 85012
By Fax: 602-265-6137
Email: alam@osselaer.com
Note: Anonymous Complaint will not be entertained
6.3 Parking Lots
There are no “streets” on the property, only parking lots with appropriate access areas.
There are 217 parking spaces to accommodate 167 condominiums. Each unit has one (1)
exclusive easement for parking. The reserved spaces are deeded property attached to
particular units. Park only in a space “reserved” for your unit or in a space not marked
“reserved.” Do not park in a “reserved” space (other than your own) even temporarily. The
person for whom that space is “reserved” has no obligation to “come and notify you” or wait for
you to return.
Any homeowner has the right to have a vehicle towed away at the vehicle owner’s expense,
if the vehicle is not authorized to park in the owner’s space.
Fire lanes on the property are clearly marked and posted in accordance with instructions
from the Phoenix Fire and Police Departments. The parking lot is subject to City of Phoenix Fire
Ordinances. Vehicles parked in fire lanes, or any prohibited areas are subject to ticketing and
towing.
Vehicles must park parallel to and approximately centered between the white lines defining
parking spaces.
All vehicles must observe the 10 MPH SPEED LIMIT in the parking lots.
NO repairs, overhaul, or oil changes will be permitted in parking lots. Emergency measures
may be used when needed to remove a vehicle from the parking area.
Vehicles may NOT be washed in the parking lots.
Only licensed motor vehicles may be parked in the Windsor Place parking lots. No
boats, RV’s, trailers, etc, without approval of the Board.
Any vehicle obviously inoperable, in a state of disrepair, or with expired registration tags will
be considered to be abandoned. Such vehicle is subject to tow and impoundment after notice
being posted on the vehicle at owner’s expense.
A 2-wheeled vehicle may be parked in front of the resident’s space between the curb stop
and the sidewalk, provided that it does not obstruct access to adjacent spaces or access by
emergency personnel. If such a vehicle is secured to a common element structure, it must be
done with a vinyl or canvas wrapped shackle so it does not damage paint or property.
6.4 Safety
Do not throw or drop anything from windows, balconies, or walkways.
Do not set (even if hand held) anything on the railings, balconies, or walkways.
Phoenix City Ordinance forbids that any objects be placed on walkways or sidewalks.
No skates, skateboards, bicycles or other vehicles are to be used on the walkways or
sidewalks.
No access to any rooftop is permitted unless authorized by the Board.
Gas, charcoal, or open flame barbeque grills are not permitted on any balcony or patio.
Storage of propane gas, charcoal, lighter fluid, or other flammables is not permitted in any unit
or storage areas.
6.5 Trash and Garbage
Trash and garbage must be placed either in the garbage rooms on the 2nd and 5th floors of
C, D, and E buildings, in the appropriately marked rooms in A and B buildings, or in the
dumpsters in the Southeast corner of the property.
All perishable garbage MUST be securely sealed in plastic bags or containers and placed in
the appropriate garbage cans.
Large items such as air conditioner filters, boxes, broken glass, crates, construction
materials, etc., and odoriferous items such as diapers, pet droppings and cat litter, and broken
glass, and construction materials should always be taken directly to the dumpsters at the
Southeast corner of the property.
Trash or garbage must not be placed in any rooms containing water heaters. This is a
violation of Phoenix fire laws and regulations.
6.6 Laundry Room
Use of the laundry room is restricted to owners, tenants, or invited guests.
The laundry room will be closed for cleaning at specified hours. These hours are posted in
the laundry room. Do not do laundry during these hours.
Do not leave laundry unattended in machines after cycles have completed. Windsor Place
Association, Inc. is not responsible for loss or damage to clothes or property left unattended.
Do not prop open laundry room door. Door is to remain closed and locked at all times.
Do not remove furniture from the laundry room.
Pets are not permitted in laundry room.
Smoking is not permitted in laundry room.
6.7 Swimming Pools
Persons under the age of 13 years of age are not permitted in the pool areas unless
accompanied by a person 18 years of age or older, or their parent or legal guardian of the
person under age of 13.
No diving is permitted in swimming pools (TOO SHALLOW)
Absolutely no glass containers are permitted in pool areas.
No running, shoving, spitting, obscene language, Frisbee or ball playing, bicycles,
skateboards, scooters, and etc., in the pool areas.
Pets are NOT permitted in pool areas.
Only persons dressed in appropriate swimwear may go into swimming pools. (No cut-offs,
T-shirts, or other street clothes).
Never prop open pool gates for any reason. Pool gates must remain closed and locked at
all times.
Diapered persons must wear plastic barriers.
Pools are closed from 10:00 p.m. to 7:00 a.m. daily.
Swimming Pools are to be used by residents and up to FOUR guests per condominium.
6.8 Elevators
Owners will be held responsible for cost of service and/or repairs and damage due to
tampering or misuse of elevators.
Movers must be prepared to relinquish elevators between loads to accommodate owners,
tenants and guests as necessary. Movers or owners, tenants or guests may also be held
responsible for any cost incurred by the Association to repair or service a damage elevator.
Heavy loads cause malfunctions.
6.9 Lawns and Gardens
Owners, tenants or guests must not engage in any activity that may destroy landscaping or
irrigation equipment (sprinkler heads, valves, and etc.)
Do not climb trees, pick flowers, or cause any destruction of plants on the common
elements.
Do not open hose bibs.
6.10Appearance
Nothing shall be hung from, draped from, or affixed to the outside of balconies or other
exterior part of a condominium, which has not been expressly approved by the Board. This
includes obviously unsightly items such as garments, towels, mops, etc. (CC&Rs 5.9, 5.12, 8.5).
No advertising or other signs, including “FOR SALE” and “FOR RENT” signs shall be affixed
to or effected upon any common area except as expressly approved by the Board.
The Association shall not prohibit the indoor or outdoor display of a for sale sign and a sign
rider by an Association unit owner on that owner’s property, including a sign that indicates the
unit owner is offering the property for sale by owner. The size of a sign offering a property for
sale shall be in conformance with the industry standard size sign, which shall not exceed
eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed
six by twenty four inches.
Boxes, building material, mops and other such utilitarian articles may not be stored on
patios, balconies or common areas. (CC&Rs 8.2).
Appropriate window and Arcadia door coverings in good condition are permitted.
The indoor or outdoor display of Flags is permitted, on that owner’s property as follows:
Official American Flag or an official (or a replica) of the United States Army, Navy, Air Force,
Marine Corps, Coast Guard in accordance with the Federal Flag Code. The following flags may
also be displayed on an owner’s property: POW/MIA Flag, Arizona State Flag, and the Arizona
Indian Nations Flag. Board approval of responsible placement and manner of display as
permitted by law is required.
6.11Telephone, Cable, Satellite and Internet Equipment
Telephone, television, Internet and similar wiring are the responsibility of the homeowners
from the point of demarcation into the residence. (Board action Feb. 14, 2001)
Board approval is required for the installation, or modification of any telephone, cable,
satellite and or Internet wiring or equipment affixed to any common element, i.e. roofs,
balconies.
6.12Finance and Accounting
Checks for the Association’s accounts receivables and expenses are to be signed by an
officer of the Association and/or the management company. (Board action Feb. 15, 2001)
Management has a $1,000.00 cap on expenditures to perform necessary maintenance
without permission from the Board (Board action September 15, 2005).
The impress fund (petty cash) will be maintained at a maximum of $400.00 and be
replenished on monthly basis. (Board action Feb. 21, 2002).
Petty cash will be reconciled by a Board Member annually. (Board action Feb. 21, 2002)
WINDSOR PLACE ASSOCIATION, INC. ESTABLISHED A FEE OF 15% IN ADDITION
TO THE INCURRED COSTS WHEN IT IS NECESSARY FOR THE ASSOCIATION TO MAKE
REPAIRS TO UNITS IN ACCORDANCE TO THE GOVERNING DOCUMENTS. (Board
action July 18, 2002)
Windsor Place Association, Inc. established a $50.00 per hour rate of CHARGE for work
performed by Association Labor for repairs or clean up.
The assessment rate shown in the CC&Rs are mathematically incorrect. The Board has
recomputed the percentages and adopted the following rates: (Board action July 18, 2002 and
CC&Rs D, 21, 21.8 D)
1 bedroom from 0.0047 To 0.004528
2 bedroom from 0.0063 To 0.006070
3 bedroom from 0.0097 To 0.009345
C506 from 0.0118 To 0.0441369
A102/104 from 0.0118 To 0.010598
6.13Homeowners and Board Meetings
Due to the disruptions during the discussion by Board Members, the Board resolved to limit
discussion from the floor to 3 minutes. (Board action April 18, 2002)
A Homeowner’s Forum will be held 30 minutes immediately prior to each scheduled monthly
Board meeting. (Board action April 18, 2002)
All contact with the Association’s Attorney will be by the President or Vice President or with
permission by the same for Association business only. (Board action July 18, 2002)
6.14Gate And Security
All new owners and new tenants must contact the Windsor Place Gate Line (number posted
on the clubhouse window) within five (5) working days of occupancy of property to fill out
Occupant Information Sheets and Gate Access Information forms. Appointments must be set
up and current resident clickers or electronic entry devices brought to the clubhouse for proper
programming and verification during appointment time.
All new owners and new tenants will receive an updated copy of the rules and regulations,
and must sign Occupant Information Sheets that they have received and read the rules and
regulations.
All owners must retain at least one clicker or electronic entry device per owned unit for their
own use. All clickers or electronic entry devices are required to be identified as to who is using
them and to which unit on the Occupant Information Sheets and Gate Access Information forms.
All owners and tenants must notify Windsor Place Gate Line within five (5) working days of
any change in owner’s/tenant’s current address, phone numbers, occupancy and vehicle status.
All owners and tenants must notify Windsor Place Gate Line within 24 hours of a lost or
stolen clicker or electronic entry device.
All residents must only use a clicker or electronic entry device properly assigned to their unit
to enter and exit property. All visitors and vendors must use the gate at the south end of 5th
Street to enter and exit property. Use of any code assigned to a vendor is NOT authorized for
residents and will be subject to fines.
* Authorized methods of entering or leaving property shall consist of:
* Use of their assigned clicker or electronic entry device.
* Calling a resident on the call boxes.
* Authorized vendor codes for vendors ONLY.
* Walking through a pedestrian gate (not drive gate) and assuring it is properly closed.
Any other method shall be considered non-authorized and is a finable offense.
Immediately finable offenses include anyone tampering with, forcing open, climbing on or
playing with gates, fences, or other security equipment, regardless of age.
Adopted by Board of Directors
June 21, 2007