Welcome Package Whether you own or rent, this brochure is intended to acquaint you with PBH; when it started, how it is operated, maintained and financed and the Bylaws and condo rules that have been made so that PBH will be a clean, attractive, well run, safe and desirable community in which to live. In 1979, the Developer, conforming to state law, filed legal documents in the Registry of Deeds setting up the Partridge Berry Hills Condominium. These documents must be received by you from the previous owner, and are made up of "The Declaration" and the "Bylaws" of PBH. They are legally binding on you and all other owners and residents. THE DECLARATION The Declaration defines the Condominium. It creates our legal status and common obligations. It identifies our mutual rights and obligations, describes and locates our individual units, the common areas we own together, and the limited common areas we own together but have exclusive use of (our porches and patios). It lists a statement of purposes (Sec. 2h) and uses that restrict the things we can do in and around our own units and the common property, creates a Board of Directors that is empowered to make rules and govern PBH. It also sets insurance guidelines and procedures for rebuilding in case of major destruction. One of the most important things it does is create an Association of Owners of PBH, and in accordance with state law, creates a set of Bylaws for self government. THE BYLAWS The Bylaws define the Board of Directors, tell how they are elected, clearly spell out their powers and duties. It also requires the Board to hold an annual meeting of the Association, in our case in October. It lists the officers who are elected by the Board, how money is raised (assessments), and what an owner must do when selling his unit. This Declaration and the Bylaws must be provided to you by the seller and kept by you in a safe place so that you can refer to it and pass it on when you sell. Extra copies are available from the Managing Agent at $25.00 a copy. When you sell a unit, you will be required to obtain three forms. A lien waiver indicating your fees are paid, a Certificate of Insurance naming the new buyer and his bank as a loss payee, and a Right of First Refusal Waiver. These can all be obtained from the Managing Agent. You must also provide your buyer with your copy of the Declaration and Bylaws and this Welcome Package. They are all available from the Managing Agent. See the section on Rules regarding rental of your unit and requirements for investor owners. THE PROPERTY PBH consists of 14 buildings with either 20 or 24 units in each building. There are studios, one- and two-bedroom units totaling 305 units in all. Each building has two washers and three dryers, unassigned parking (except for handicapped spaces), and a dumpster for trash. We also have a clubhouse with an indoor heated pool, showers and saunas, game room, and a large kitchen and bar. Two tennis courts are also available, as are a recreation area with barbecue and children's playground equipment. YOUR UNIT What you really own in PBH is a cube of air. Your unit begins at the unfinished surface of the drywall and underlayment beneath the carpet. The paint, carpet, cabinets, and fixtures are yours. Everything else, stud walls, roof, plumbing, heating, ground, parking lot, clubhouse, etc., you own about 1/304th. In other words, we own it in common. INSURANCE The common property, as described in the documents, is insured by the Condominium's Master Policy with a $1000.00 deductible. You should have a condo homeowner policy (HO-6) to cover your own personal property and the uninsured portion of the master policy. (It is quite inexpensive.) HOW WE OPERATE Each October, at our annual meeting, all of us vote for our Directors, nine (9). We also get a "State of the Condominium" address that tells us where we have been, where we are going, and how we are doing financially. We also vote on and ratify our fiscal year budget. The Budget is the responsibility of the Board, and it can place the same budget on the members, even if we vote it down. Our Board has several budget hearings before the budget is adopted so everyone who wants to is allowed to comment before the decisions are made. The Board members have all the power to run the Association as they see fit, but we have the power to replace them if we are unhappy with their actions. Our Board delegates much of its power for day-to-day operation to a Managing Agent (MA). The MA does three major task for the Board. First, they handle financial matters, such as paying bills, collecting fees, and preparing our budget. Second, the MA also manages our property. He contracts for landscaping, snow removal, cleaning halls, repairs and maintenance of the common areas. The third service he provides is Board Operations. The MA keeps all records so anyone can review them. He guides the Board at their meetings in Parliamentary matters, recommending rules, committee responsibilities, and other matters pertaining to running the Association. Our Board meets on the third Tuesday of each month at the club house. Residents are invited to attend. If our Board proposes rules or matters of major policy, by its own guidelines, it must hold a public hearing for unit owners to comment and unit owners must have a copy of the items under discussion prior to the Board Meeting. Even if there is no Public Hearing, the Board always pauses after the MA report to allow time for the unit owners present to comment. RULES All present and future owners, visitors, tenants, and occupants of units, and any other person who may use the facilities of PBH in any manner, are subject to the Declaration, Bylaws, and condominium rules, and the Board is legally required to enforce them. These Rules are published herein. These rules are legally recorded in the Registry of Deeds. In addition, the Board has adopted, after Public hearings, several clarification and additional rules. Delinquent fees are subject to a late charge if not received by the 15th of the month. Pets are allowed with the permission of the Board. All pets must be registered with the Managing Agent, and more detailed pet rules are in force. Obtain registration form and rules from the MA. Owners are responsible for the actions of their guests and tenants and may be assessed for damages. Any unit that is rented must have a special clause in the lease, the lease must be on file with the Managing Agent, a Right of First Refusal obtained and an orientation attended before occupancy. There is a $100 fine for violation of this rule. Unregistered and/or not mobile motor vehicles are not allowed on the property. Vehicles must be moved to allow for proper maintenance and snow removal. If you are accused of a rule violation and disagree with the decision of the Board, there is an appeal process available to you. See the Managing Agent for a copy of Resolution IV. Please review Policy Resolution XVI enclosed. | 