Saturday, April 29, 2006

What are Bylaws?

Bylaws Summary
This document is a summary of the bylaws and regulations governing the Bella Vista Bay Condominium Association. The Bylaws are the official rules and regulations that govern our life together at Bella Vista Bay. This summary represents a “common-sense” interpretation and practical application of the original bylaws made by the Board of Directors. Over the years, the application of specific matters may have changed to meet the needs of the current community of residents. In all official matters, the text of the original bylaws represents the legal and governing document of the association. Each resident is to be given a copy of the original document upon taking possession of their unit by the previous owner. Renters are to receive a copy from their landlord.


Equal Applicability
All rules and regulations apply equally to all owners, residents, renters, and guests of Bella Vista Bay Association and comply with all Laws and Ordinances of the State of Michigan and Cannon Township. The Association does not discriminate on the basis of race, religion, age, gender, sexual orientation, or personal appearance.

How It Works

The Bella Vista Bay Condominium Association
The property at Bella Vista Bay was developed in 1982 and a Master Deed established with the State of Michigan. The project was later developed into condominiums in 1990 and established as a non-profit corporation in Kent County in the State of Michigan. As such, it is governed by all pertaining laws in the State of Michigan.

There are a total of 36 individual units in 3 separate, three-story buildings, each with 2 common entrances, with each entrance servicing 6 units. Individual units are privately owned by the deed holder(s) of that unit. All common areas, elements, and structures, including grounds, roadways, parking areas, carports, hallways, roofing, external walls and structures are equally owned and are the common responsibility of all members of the Association.

Ownership and Membership
All owners at Bella Vista Bay are part of the Owners Association and are entitled to full participation at Association meetings. Each unit owner owns 1/36th of the Bella Vista Bay Condominium Project. Owners whose dues are fully paid are entitled to one vote per unit owned for any association vote.

Association Dues
Each owner is required to pay monthly dues as determined by the Board of Directors and approved by the Association. Membership dues are used for the upkeep, maintenance, servicing, insurance, repair, and improvement of all common areas of the association. Membership dues are to be paid in full by the 1st of each month. There is a five day grace-period for late dues. Dues paid after the five day period may be subject to a late fee.

Extended failure to pay dues will result in a lien placed against the owner’s unit and possible foreclosure action. Only Association members whose dues are current and paid in full to date may vote at any Association meeting.

Annual Association Meeting
The Association is required to hold at least one annual owners meeting a year, usually conducted in the month of August. Some years there may be more than one meeting. All owners are sent notice of the meeting at least 30 days prior to the meeting. The usual agenda for the annual owners meeting includes a review of the year’s finances, discussion of repairs and maintenance, election of the Board of Directors, and open discussion of any and all issues raised by the Association.

The Board of Directors
The Association elects a Board of Directors to supervise the day-to-day management of the condominiums. The Board of Directors must consist of least 3 Board Members and not more than 7. Board members are elected for a one year term at the annual owners meeting in an election conducted according to the provisions determined by the current Board of Directors. There are no term limits or eligibility requirements for Board Members. Any resident may stand for election to the Board of Directors.

The Board of Directors is charged with maintaining the quality of life of the Condominium Project and may hire, fire, fine, contract, and conduct business as they see fit in order to fulfill the requirements of insurance, harmonious living, record keeping, maintenance, repairs, and improvements. The Board of Directors may hire an independent Property Management Service to assist with these responsibilities. The Board of Directors determines the rate of annual dues, sets the annual budget, and may levy additional assessments on all owners to pay for necessary/emergency repairs or costs.

The Board of Directors normally meets every month. Any resident may attend the open portion of any given meeting. If you desire to attend a Board meeting, please contact a Board member.

Private and Common Responsibilities
Each owner is fully responsible for the upkeep, repair, and insurance of the following features of their individual unit:

• Interior walls and ceilings
• Interior plumbing
• Interior electrical wiring and work
• Flooring and Carpet
• Windows (Glass and Frames)
• Appliances, including Heat/AC
• Furniture and Décor
• All personal belongings

Each owner may decorate, restructure, or redesign the interior of their unit as they see fit. Each owner assumes full responsibility for any damage done to common areas or building structure as a result of any of work or redesign undertaken.

The Association equally owns and is responsible for the common areas, elements, and structures of the entire project and each building, including:

• Grounds, roadway, and parking areas
• Carports and all external structures and signs
• Hallways, laundry rooms, entrances, and front porches
• Storage areas under the stairs
• Roofs, exterior walls, exterior plumbing and electrical work

Association dues are intended to cover the cost of maintenance and repair for all common areas, elements, and structures.

Transfer of Ownership
Owners must inform the Board of Directors and Property Managers when a sale of their unit is pending. No unit is permitted to transfer ownership without prior notification of the above. Unpaid liens, fines, back dues, assessments, and fees transfer with the unit and will be the full responsibility of the new owner. All potential owners are responsible to investigate if any liens, fees, assessment, dues, or fines are pending against their unit. Those selling a unit must provide a copy of these bylaws, keys, and mailbox keys to the new owner. Sellers are fully responsible for accurately communicating the rules and regulations of Bella Vista Bay Condominium Association to the new residents. New residents are encouraged to introduce themselves to the Board of Directors shortly after moving to the complex.

Complaints, Violations, and Fines
Complaints concerning any aspect of life at Bella Vista Bay are to be directed to the Board of Directors. Repeated violations of rules and regulations by owners, residents, renters, or guests will result in a written or verbal warning from the Board of Directors. Violations occurring after the warning are subject to fines starting at $25 per violation and not to exceed $1,000 per violation. The Board of Directors may assess any resident of Bella Vista Bay for damage caused by that individual or their guests. Additionally, the Board of Directors will seek to recover from the plaintiff all legal fees resulting from disputes arising at Bella Vista Bay against the Association along with interest allowed by State Law.

Financial Records
The financial records of Bella Vista Bay Condominium Association are public records and available to any Association member by request. Records may be viewed by request to the Board of Directors or by requesting a copy of financial statements be sent. There may be a small fee charged for photocopying and processing such requests.

Emergency Entry
The Board of Directors reserves the right to enter any unit only in the event of a genuine emergency. An emergency would be defined as a water leak, flood, or fire, or when severe property damage is suspected or a person’s life is judged to be at risk. The Board of Directors and Property Managers do not have keys to any individual unit unless that unit’s owner gives us one.

The Basic Stuff

Renting
Each owner may rent their unit and is fully responsible for finding, supervising, and informing their renter as to the rules and regulations of the Association. Each owner is fully responsible for the behavior of their renters and renter’s guest. Fines levied against any renter and/or damage caused by any renter, are the responsibility of the owner of that unit.

Occupancy Limits
State, County, and local law limits occupancy to 3 persons (adults and/or children) in all units at Bella Vista Bay. Occupants are defined according to the laws of Kent County and Cannon Township and interpreted by the Board of Directors. Violators of occupancy rules will be evicted at the violator’s expense.

Guests and Visitors
Each owner is entitled to have guests and visitors come and go as they please. Each owner is fully responsible for the behavior and conduct of their guests, and is liable for any damage caused by guests or visitors. Guests staying for longer than a month should be brought to the attention of the Board of Directors for purposes of security and parking. Guests may not park in carport spots.

Children
Children are welcome at Bella Vista Bay. Occupancy of each unit is limited to 3 persons, this includes children. Parents are responsible for the behavior of their children at all times and are liable for any damage caused by their children or guests of their children. The Association does not accept any liability for the safety of children on the property.

Pets
Cats, birds, snakes, fish, gerbils, ferrets, hamsters, and other small caged pets are permitted. Owners are limited to 3 cats at most. At no time are dogs permitted. Dogs are not allowed as pets under any circumstances. All pets must be kept indoors and not allowed to roam common areas or grounds. This means that all cats must be indoor cats. Violators are subject to fines. Exotic, large, and dangerous animals are not permitted as pets. The Board of Directors reserves the right to request the permanent removal of any pet that is causing damage, perceived as a threat, or making excessive noise.

Mailboxes and Security Door Entry
Each owner must provide their own key to their mailbox. The Association and Property Managers do not have keys to the mailboxes. Each owner is entitled to have their name placed on the front door entry system. Please contact a Board Member regarding this service. Each entryway is serviced by a door code. Please do not give this code to anyone other than family members for security reasons. All owners are given a key to the front entrance door. Loss of this key will result in a $25 replacement fee.

Inside - Stuff about Inside your Building

Noise
All owners, residents, and renters are expected to show due respect to all other residents and owners at the complex. In the event of excessive noise, residents are requested to first resolve the matter between privately. If a resolution cannot be reached, then contact a Board Member or the police. If a resident is planning a large gathering or party, they may want to inform their immediate neighbors as a courtesy.

Hallway/Entrance Appearance and Décor
The area immediately outside the front door of each unit is to be kept clear of debris, clutter, and unnecessary objects. Each resident is entitled to place a few decorative items, such as a doormat, rug, pictures, a chair, a basket for shoes, or a small table outside their door. Shoes may not be left outside the front doors of units overnight. Please purchase a covered basket or box for shoes if you intend to leave them outside your door. The exterior of all unit doors must conform to the color of all other doors in that building. The hallways and common areas are not to be used for storage under any circumstances. The Board of Directors reserves the right to permanently remove any common area decoration deemed inappropriate, offensive, hazardous, or in bad taste.

Window Coverings and Signs
All window coverings (blinds, curtains, drapes, etc.) must be of a neutral color (beige, white, gray, tan, etc.) or be backed by a neutral colored backing. No signs of any type are permitted in any unit or common area window. This includes “For Sale” signs.

Laundry Hours
Each building has a common laundry room on the second level. All owners and residents are free to use these coin-operated machines. The machines are not the property of the Association but are leased from an independent vendor. The hours of operation for laundry are limited to 9:00am to 10:00pm every day. Please refrain from doing your laundry at any other time due to the noise it creates for the residents of second and third floor units.

(Storage Areas
Under the stairs in each entrance is a common storage area. A previous Board of Directors sold two of the storage units to individual owners (building 6711 and building 6701). The Board of Directors has since prohibited the sale of any remaining units. All owners are entitled to 1/6th of the space in their buildings storage area. Hazardous and dangerous materials may not be stored at any time.)

Seasonal Decorations
Seasonal decoration is welcome within reasonable time periods around holidays. For example, please do not place Christmas decorations prior to Thanksgiving or leave Christmas decorations up after New Year’s. Any decoration deemed a nuisance or fire hazard will be removed. Please be considerate of your neighbors.

Patios and Decks
Patios and Decks are the responsibility of individual owners. Decks will be painted by the association only when the entire exterior of the building is being painted. Minor repairs and upkeep, including replacing worn boards or spindles are the responsibility of the owner. Larger repairs, such as mountings, securing the decks to the buildings, structural beams, and the like, are the responsibility of the association.

Patios and decks may be decorated with appropriate furnishings. Lights may be strung or added to patio and deck areas. Outdoor furniture and seating are permitted, along with flowers, flags, plants, and other such items. Hot tubs are permitted on the patio level only and must remain securely covered when not in use. Only gas grills are allowed, charcoal grills are not permitted.

Awnings, umbrellas, and other coverings are permitted on any deck or patio as long they are neutral in color and style and do not detract from the overall appearance and value of the complex. Patios and decks are not to be used as storage. Bikes, boats, and other such pleasure craft are not permitted on the patio or deck areas.

Windows
Window replacement is the responsibility of each individual owner. Windows in common areas are the responsibility of the association. All replacement windows must reasonably match the style, color, and look of existing windows.

Outside - Stuff about Lawns, Garden Areas, and Parking

Trash/Garbage
Common dumpsters are available to all owners and residents. The dumpsters are emptied weekly. Please not place any hazardous or dangerous materials in the dumpsters. All trash must fit completely within the dumpster. Materials and trash are not to be left outside or on top of the dumpster. Materials left by the dumpster are the responsibility of the resident who placed them there. All owners are responsible for the upkeep and tidy appearance of each dumpster area.

Non-resident dumping is a Class II Felony according to Michigan State Law and will be fully prosecuted.

Parking
Each unit is allotted two parking places on the property. One parking place is a covered carport space. The other is a non-assigned, uncovered space anywhere on the property designated for parking. Commercial vehicles, boats, trailers, motor homes, RVs, and trucks are prohibited at all times. Nothing other than a car or motorcycle may be stored in or around the carport areas.

All cars and motorcycles must be registered and have up-to-date plates. All vehicles must be operational. All vehicles must be moved at least once every two weeks. Violators will be towed at owner’s expense.

Under no circumstances is there to be any driving or parking on the grass.

Boats, RVs, Commercial Vehicles, Trailers
These and other similar items may be stored in the upper parking lot only for no more than 24 hours, space permitting. Any of these items left for more than 24 hours will be towed at the owner’s expense. There are no exceptions to this rule.

Bicycles
Owners may not keep their bicycles in the carport areas, or on their decks or patios, nor in any common area hallway or entrance way. Bicycles are to be stored inside the owners unit, or under the stairs in the common storage area.

Lawn Care
The lawn, trees, and unattended garden areas are maintained by a contracted landscaping service. This includes the weekly cutting of grass, fertilization, monthly weeding, and periodic tree and bush pruning.

Each owner is fully responsible for any damage they or their children cause to the lawn, trees, or garden areas. Driving or parking on the lawn, even on the edge, is strictly prohibited.

Any sports or activities that might damage the lawn are prohibited. Children’s swimming pools are permitted, but must be moved within a couple of hours to prevent damage to the grass. Anyone found dumping chemicals or substances that result in harm to the lawn or environment will be prosecuted.

The Association maintains an automatic, underground, sprinkler system that operates from late May until late October. A common hose is kept in the front of each building to the side of the front porch.

Snow Removal
The Association pays for snow removal. Our current contract calls for the plowing of the driveway whenever an inch or more of snow falls. The Plow will return throughout the day as necessary. The plow team will also shovel each building entrance way once a day.

Each resident is encouraged to help out by taking turns shoveling the stairs and walk in front of their building on snowy days. A shovel and bucket of salt are kept inside each common entrance for this purpose.

Garden Areas
The garden areas in the front of each building belong to all owners of that building. Residents of each building should coordinate among themselves if anyone is interested in tending and planting these garden areas. Residents are encouraged to plant flowers, gardens, and tend plants on the property. Flower pots, small herb gardens, and hanging baskets are encouraged on the patio and deck areas. If no one desires to care for the common garden areas of a particular building, they will be minimally tended by the landscaping service for the removal of weeds, edging, and other basic care.

Garden areas along the back of each building belong to the bottom level units adjacent to them. If these residents do not desire to tend to these areas, the landscaping service will perform routine minimal care on these areas. The Board of Directors reserves the right to object to any garden project that is unsightly, routinely neglected, or that threatens overgrowth, invasive species, or other such hazards.

Fixing What Breaks - Repairs, Insurance, Upkeep

Condominium Unit Maintenance
All owners and residents are expected to maintain their unit’s appearance and functions. This includes repairs to interior walls, floors, and ceilings, as well as routine repairs and upkeep to appliances and heating and air conditioning.

Individual Unit Repairs
All repairs to the interior of condominium units are the responsibility of individual owners. The Association does not replace, repair, or clean windows, screens, paint walls, repair electrical wires, phones, cable service, plumbing, or clean carpets inside individual units.

Remodeling and Redesign
Each individual owner is entitled to remodel and redesign the interior of their unit as they see fit, provided it does not affect the structural integrity or outward appearance of the buildings, hallways, or main structure. Owners assume full responsibility for any and all damage resulting from improvements, repairs, or remodeling projects they undertake.

It is suggested that an owner about to undertake any major renovation inform the Board of Directors, not for permission, but to ensure that the removal of a wall or door frame will not affect the common areas or structural integrity of the building.

Owners may request permission from the Board of Directors to undertake projects that would slightly alter the outward appearance of the buildings. Such projects will be approved if they meet strict standards, abide by all applicable codes, and are deemed attractive and add value to the complex.

Home Owners/Renters Insurance
All unit owners are required to maintain adequate owners insurance to cover the interior of their units and their personal belongings. All renters must maintain additional renters insurance covering their personal belongings. The Association does not accept responsibility for personal belongings, cars, bikes, or any item stored or kept on the property.

Air Conditioning and Heating
All owners are responsible for the functioning and repairs of their own air conditioning, hot water, and heating units. Each owner is also responsible in the event that these units need to be replaced. Any damage caused by the malfunctioning of an AC or heating unit is the sole responsibility of the owner of that heating or cooling unit.

External and Common Area Upkeep
The Board of Directors hires out for the weekly cleaning of all building interiors, including the vacuuming and trash removal from the laundry room.

Repairs and Renovations to external and common areas are paid for with Association dues. The Board of Directors maintains a yearly repair and upkeep schedule.

Tuesday, April 25, 2006

Your Home, Your Investment – We’re in this Together!

There are No Condo Elves
Whether you rent or own here at Bella Vista Bay, the condos are your home. And your home does not stop and start at the front door, but includes all of the property—from the car ports to the mail boxes, to the street. The Board of Directors all serve as volunteers.

Our condos have some of the lowest dues in the Grand Rapids/Rockford area. We try extremely hard to keep them low. But low dues means that we must all contribute to the upkeep of our homes. There are many things around the condos that will simply not get done unless we all help.
We understand that many of you are busy. We also recognize that some of you may have health problems that prohibit some activities. However, we can all contribute to the common lives here in some way:

• If you see trash on the lawn or street, please pick it up.
• If the dumpster area is a mess, please help tidy it up.
• If your hallways are a mess, clean them.
• Shovel the walks when they are covered with snow.
• If you have a green thumb, take a garden area and care for it, plant flowers, weed it, and make the area your own.
• Report any damage, needed repairs, and concerns to the board or PPM.

If we don’t do these things, no one else will. We cannot afford to have an attitude that says “someone else will do this, I already paid my dues”. These are our homes, please, let us all contribute to their upkeep and well being.