Village of Tall Trees Handbook 2nd ed.

Village of
Tall Trees
Handbook
2nd ed.
2013
Dear Homeowner:
On behalf of the Homeowners Association, The Board of Trustees and The Managing
Agent congratulate you on the purchase of your home. Welcome to the Village of Tall
Trees Condominiums. It is our wish that you find, as so many others have, that
condominium living is the most convenient form of home ownership today. It is also a
sound investment.
To protect your investment and to make your experience as pleasant as possible this
booklet has been prepared for you to provide helpful information about the policies and
procedures that the Board of Trustees and the Managing Agent will be following to best
serve all of the residents of The Village of Tall Trees. It is advised that you take a
moment to read this booklet thoroughly.
It is the purpose of the Board of Trustees to promote, maintain, protect and enhance your
home and lifestyle in the Village of Tall Trees. It is the purpose of the Managing Agent
to assist the Board in upholding these responsibilities and in maintaining an atmosphere
of welcome and comfort to all residents and their guests. As your elected representatives,
the Board is always available to answer questions or to help solve problems which you
might have with matters that pertain to the operation of the Homeowners Association.
Sincerely,
Board of Trustees
Village of Tall Trees Homeowners Association
TABLE OF CONTENTS
Association
page 1
Board of Trustees
page 2
Meetings
page 4
Election procedures
page 5
Reserve fund and collection policy
page 7
Managing Agent
page 8
Insurance coverage
page 9
Sale or leasing
page 12
Rules, policies and regulations
page 13
Improvement applications
page 17
Maintenance procedures and seasonal reminders
page 19
Homeowners' responsibilities
,
page 20
Pets
page 21
Vehicles and parking
page 21
Exercise room and library
page 22
Pool rules, policies and regulations
page 23
Clubhouse rules and usage
page 24
Complaint procedures
page 31
Appendix #1 Amendment #20 (Renting or leasing a unit)
page 33
ASSOCIATION
The name of the association shall be The Village of Tall Trees Condominium
Association, and its sole purpose shall be to manage The Village of Tall Trees
Condominiums in accordance with and to carry out the purpose and intent of Chapter
5311 of the Ohio Revised Code. This non-profit corporation does not contemplate
pecuniary gain or profit for the operation.
The corporation is governed by a set of documents filed with the County Clerk,
Clermont County, Ohio. These are:
1. The Articles of Incorporation which establish the Association and its
purpose, structure and powers
2. The Declaration of Covenants which details each property owner's rights
and obligations in the Association. The master regulations are set up to
make the sharing of property convenient and easy for you and all others.
3. By-Laws which delineate the meeting process, election procedures, powers,
duties, board meetings, insurance requirements and limited use restrictions
4. The Disclosure Statement, which is furnished to prospective purchasers, and
outlines information found in the other documents.
The Association shall also possess and have the following purposes and powers:
1. To fix, levy and collect all charges or assessments pursuant to the terms of the
association's governing documents
2. To fix, administer, and enforce the terms, conditions, rules, restrictions and
regulations under which the condominiums may be used
3. To operate, maintain, repair and replace the common areas in accordance
with the terms of the Declaration and By-Laws.
4. To maintain insurance
Every person who is an owner of record shall be a member of the Association; such
membership shall end upon the sale or other disposition of his or her unit. Voting
rights are dependent upon the ownership of a unit and shall be one (1) vote per unit.
Board of Trustees
Jenni Caudill
93 Ledgerwoods Dr. 753-9297
ilmcl [email protected]
Howard Hughes
4 Ledgerwoods Dr. 753-5317
[email protected]
Al Nutgrass
80 Tall Trees Dr.
753-5077
[email protected]
Judy Varney
7 Tall Trees Dr.
VarneyJ @westcler.org
265-4937
Dick Von Bokern
9 Tall Trees Dr.
[email protected]
753-7481
Clubhouse Coordinator
76 Ledgerwoods Dr. 752-1484
Michele Teke
Managing Agent
Towne Properties
1 1 840 -C Kempersprings Dr.
Cincinnati, Ohio 45240
874-3737
24 Hour Towne Properties Emergency Service Number
Non-Emergency Hours 8:30am -5:00pm Mon-Fri.
874-3737
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BOARD OF TRUSTEES
The affairs of the association shall be managed by a Board of Trustees. This Board shall
consist of a maximum of five (5) members elected by the unit owners. The Board shall
have the following officers:
PRESIDENT: The president shall preside at all meetings of the Board, shall have
the authority to see that orders and resolutions of the Board are carried out and
shall sign all legal documents on behalf of the association.
VICE PRESIDENT: The vice president shall act in the place and stead of the
president in the event of his absence, inability or refusal to act. He or she shall
exercise and discharge such other duties as may be required by the Board.
SECRETARY: The secretary shall record the votes and keep the minutes and
proceedings of the Board. He or she shall serve notice of meetings of the Board,
shall keep appropriate current records showing the members of the Association,
including their addresses, and shall perform such other duties as required of the
Board.
TREASURER: The treasurer shall be responsible for the fiscal affairs of the
Association. He or she shall keep full and accurate accounts of all receipts and
disbursements in books belonging to the Association and shall make regular
reports to the Board.
MEMBER AT LARGE: The member at large will assist in all duties of the Board.
POWERS OF THE BOARD
The Board shall exercise all powers and authority, under law, and under the
provisions of the condominium organizational documents, such as, but not limited
to:
1. Taking all action deemed necessary or desirable to comply with all
requirements of law and the organizational documents
2. Obtaining insurance coverage of not less than the amount required
pursuant to the Declaration
3. Enforcing covenants, conditions, rules, regulations, and restrictions set
forth in the organizational documents
4. Maintaining, repairing, replacing and improving the common areas as
needed
5. Establishing, enforcing, levying and collecting assessments
6. Establishing and maintaining a financial reserve for capital
improvements and replacements
7. Entering into one or more management agreements in order to
facilitate and promote the efficient operation of the property.
MEETINGS
The Board shall schedule and hold the following meetings as required by the association
documents,
REGULAR MEETINGS: Regular meetings of the Board shall be held at no less
than quarterly intervals, without notice, on such date and hour as determined by the
Board.
SPECIAL MEETINGS: Special meetings of the Board shall be held when called
by the Board President or by any two (2) trustees after no less than three (3) days notice
to each trustee.
ANNUAL MEETING: There shall be an annual meeting of the unit owners in
Clermont County, Ohio within the first calendar quarter of each year at a date, time and
place designated by the Board.
ANNUAL MEETING PROCEDURES
The items below pertain to notification, organization and procedures of the annual
meeting:
1. Notices of the meeting shall be mailed to each owner of record at least thirty
(30) days prior to the meeting.
2. Notices will inform each owner as to the purpose of the meeting. This notice
shall contain the date, time and place of the meeting, an agenda, minutes of the
last meeting and an explanation of the proxy procedure,
3. Sign-in sheets will be provided listing all the owners of record with space
available for signatures. The homeowner will sign his/her name next to his/her
address, and then will receive a ballot.
4. If a homeowner has returned a proxy, a "P" will be marked next to the name to
indicate that his/her proxy was received. Should the homeowner be able to attend
the meeting, his/her proxy will be returned and a new ballot will be issued.
ORDER OF THE ANNUAL MEETING
1.
2.
3.
4.
5.
Call to order
Proof of notice
Attendance
Approval of minutes of last annual meeting
Reports
a. Board
b. Management
6. Election
7. Old/New Business
a. Pre-submitted questions
b. Open floor questions
8. Adjournment
ELECTION PROCEDURES
1. The Board of Trustees will select the date for the annual meeting.
2. A letter will be sent to each unit owner, thirty (30) days before the annual
meeting. This letter will include the following materials:
a. the date of the annual meeting
b. the number of Trustees to be elected
c. a letter of intent to be filled out by any unit owner who desires to seek a
seat on the board. This requires one's name, address, phone number and a
brief resume of qualifications. It also includes a date by which the form
must be returned to the Managing Agent. This date will be two (2) weeks
before the annual meeting.
d. a proxy form with instructions
e. a complete agenda of the annual meeting
f. minutes of the previous annual meeting
3. The Managing Agent will determine that those seeking office are eligible for
election, to wit: (1) He/she is an owner of a unit. (2) He/she has no unpaid
assessments. The Managing Agent will send to the Board, at least two (2) weeks
before the annual meeting* the letters of intent. If an applicant fails to meet the
requirements, the Managing Agent will notify that unit owner.
ELECTION PROCEDURES AT THE ANNUAL MEETING
1. A sign up sheet with the names and addresses of all unit owners will be located at
a reception table.
2. Each unit owner is asked to sign in next to his/her name. (ONE PER UNIT,
PLEASE)
3. After signing in, ONE BALLOT PER UNIT will be issued.
4. At this time, if a unit owner is holding a proxy for another, it should be
surrendered to the receptionist.
5. A "P" will be marked next to the unit owner voting by proxy and ONE ballot will
be issued to the designated representative.
6. After all proxies are presented and recorded on the sign-in sheet, they will be
given to the Board secretary to be included in the records.
ELECTION
1. The Board president will read the names of all valid candidates. If a name on the
ballot is no longer valid, the president will announce it at this time.
2. The president will ask for nominations from the floor for candidates. Each person
on the ballot will have three (3) minutes to address the audience.
3. At that time, the president will direct all eligible voters to mark the ballots.
4. The ballots will be collected by persons designated by the president.
5. The ballots will be counted TWICE by designated persons.
6. The results and ballots will be presented to the secretary who will read the results
TWICE.
7. If a quorum (10%) of the voting power of VTT is not met, the election will be
postponed until a special election can be held.
LETTER OF INTENT
VILLAGE OF TALL TREES
If you are interested in running for The Board of Trustees,
please print the following information and submit it to the
Managing Agent.
NAME
ADDRESS
HOME AND CELL NUMBERS
E-MAIL
HOME LONG HAVE YOU LIVED AT VTT?_
Brief resume
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RESERVE FUND
The Association maintains a reserve fund for capital improvements and repairs within the
village. Some items are the following: clubhouse furniture and appliances, siding, roofs,
exterior painting, concrete repair, street repair, the pool, pool deck, fencing and pool
furniture. A contingency fund is also in place for unexpected expenses.
Each year a certain part of your monthly assessment is allotted to this interest bearing
account. This helps protect and preserve property values. Your ability to sell your home
can be influenced by the adequacy of reserves set aside by the association. Lenders
consider reserves for the future a key part of a good financial policy and can, consequently,
be more receptive to lending money in a community with a healthy reserve fund.
ASSESSMENT COLLECTION POLICY
Assessments are levied in accordance with Article XI of the Declaration for the Village of
Tall Trees Condominium Association.
It is important to the fiscal soundness of the Association that monthly fees are paid
promptly on the first day of the month. (The Managing Agent can arrange an automatic
deduction for monthly feel if the homeowner so wishes.)
In the event of a delinquency, the following actions will be taken:
FIRST NOTICE: This is mailed on the 15th of the month in which the delinquency
occurs. A $20.00 LATE FEE is levied on the 10th of the month.
FINAL NOTICE: This is mailed on the 20th of the month to any homeowner who is
fifty (50) days delinquent. This notice requires FULL PAYMENT within ten (10)
days from the notice or a LIEN will be recorded against the unit by the
Association's attorney of record* The unit owner shall be responsible for ALL
LEGAL AND COLLECTION expenses.
FORCLOSURE: Any lien remaining unpaid for thirty (30) days may be foreclosed
in legal action by the Board of Trustees.
Please contact the Managing Agent for questions or more information. 874-3737
ASSESSMENTS
The Homeowners' Association is authorized by the Condominium Organizational
Documents to fix, levy, and collect all charges or assessments. It may enforce payment
of such charges and assessments by any lawful means and may pay all expenses in
connection therewith. Regular monthly assessments are due on the first day of each
month.
Residents are asked to make checks payable to The Village of Tall Trees Condominium
Association, NOT Towne Properties. Checks go directly to a lock box to ensure proper
credit to each account. Automatic deductions are available through Towne Properties.
Under the terms of the management agreement, the Managing Agent is responsible for
the collection of the regular monthly assessments and any special assessments or charges.
Under powers relating to assessments, The Board of Trustees may
1. suspend the voting right of a unit owner if that person is in default of payment
of any assessment.
2. within ten (10) days, impose a charge against any unit owner who fails to pay
his/her assessment on time.
3. impose assessments against a unit owner for the cost of maintenance and
repair that is necessary for the protection of a building in the event that the
unit owner has been negligent.
4. place a lien against a property, per The Declaration, for which assessments are
not paid within a reasonable time.
5. issue upon demand a certificate proving that an assessment has been paid.
MANAGING AGENT
The Board has entered into a contract with a managing agent to carry out the day-to-day
operations of all Association business. The duties of the agent are:
1. To make physical inspections of the property periodically
2. To report to the Board all requests or complaints which are deemed extraordinary
and to make appropriate recommendations
3. To negotiate and enter into contracts for services including, but not limited to,
lawn care, building maintenance, pool services, snow removal, and other
contracted services, with prior approval of the Board
4. To prepare and mail notices, proxies, ballots, minutes, and agenda in accordance
with the requirements and provisions of the Declaration and the By-Laws or as
otherwise directed by the Board
5. To record changes of ownership upon receipt of advice for the owners with
supporting documents
6. To maintain and complete files for all correspondence
7. To prepare monthly financial reports and monthly delinquency statements
pertaining to assessment collection
8. To review, with a qualified insurance agent, an insurance policy coverage and to
make recommendations or changes if necessary
9. To maintain records showing all receipts and expenditures relating to the
operation of the Association and to promptly submit to the Board a statement of
receipts and disbursements for the preceding month.
24 HOUR EMERGENCY SERVICE
If you have an emergency, please call 874-3737 and follow these steps.
1. Any homeowner who sustains damages to a unit should contact the Managing
Agent immediately.
2. The MA will dispatch emergency service personnel after proper identification is
confirmed. The technicians will investigate the problem and make decisions
regarding repairs, and if necessary, call an outside contractor and/or a clean-up
contractor.
3. These contractors will contact the homeowner with all the necessary information
and then will make arrangements for a time to make the repairs.
4. The contractor will forward all necessary paperwork to the Managing Agent, who
will then further advise the homeowner.
INSURANCE COVERAGE
Responsibility of the Asssociation
The insurance policy which is purchased by The Association provides coverage for the
buildings, fences and common area fixtures. Unit owners are responsible for the first
$5,000 in interior damage, which is the policy deductible, with the exception of
earthquake, which is settled with a 5% per building deductible. There is no flood
coverage under the association's policy. Covered property losses are settled on a
replacement cost basis subject to the above stated deductibles.
The following are covered, subject to replacement with like quality:
1. Build in kitchen cabinets are covered.
2. Floor coverings, wall-to-wall carpeting, linoleum, tile, etc. are covered.
Oriental and other area rugs are not covered; they are personal property.
3.
4.
5.
6.
Plumbing and electrical fixtures are covered.
Build -in appliances such as dishwashers, ranges, and disposals are covered.
Refrigerators are freestanding and are not covered.
Coverage is provided for back up of sewers with a $5,000 per unit.
All covered property losses are settled on a replacement cost basis subject to a $5,000
deductible per unit payable by the unit owner with the exception of earthquake, which is
settled with a 5% per building deductible.
These deductibles should be covered by one's own personal HO-6 policy under
"Dwelling/Improvements and Betterments Coverage" and by adding earthquake coverage
to include earthquake loss assessment and earthquake property coverage.
It is imperative that you discuss your responsibilities with your agent due to the greater
Association deductible amounts that are your responsibility. You must confirm that your
HO-6 policy will coven as a MINIMUM, the $5,000 deductible.
Responsibility of Unit Owners
Each homeowner should purchase a Condominium Unit Owner's policy, referred to as an
HO-6. This policy should cover all personal contents, loss assessments, personal
liability, and the following, including, but not limited to:
Personal Property Coverage. It is suggested that unit owners purchase a minimum of
$50,000 personal property coverage equal to the cost to replace all of your furniture,
clothing, electronics, washer, dryer and any non build-in appliances such as refrigerator,
stove, microwave, etc.
1.
2.
3.
4.
5.
6.
7.
8.
replacement cost coverage—today's value
all risk instead of Named Peril coverage
earthquake-The Association policy has a 5% deductible per building
floor coverage-A stand alone coverage can be purchased.
back up of sewers, drains and sump pumps
personal liability—purchase at least $ 10,000
medical payments
a minimum of $10,000 loss assessment coverage for your monthly assessments in
the event of a covered loss
9. others—valued personal property such as jewelry, silverware, glassware, fine arts,
antiques, cameras, guns and other various collectibles. Appraisals are usually
necessary.
10. Request insurance premium credits for higher deductibles, discounts for multipolicies, age burglar and fire alarm systems, smoke detectors, dead bolt locks and
fire extinguishers.
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Improvements and Betterments: It is suggested that unit owners should purchase at least
$5,000 of coverage. This minimum is necessary to provide the initial amount
(Association deductible) for which you are responsible.
It is imperative that you discuss your responsibilities with your agent due to the greater
Association deductible amounts that are your responsibility. You must confirm that your
HO-6 policy will coven as a MINIMUM the $5.000 deductible.
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Responsibility of a Unit Owner Renting or Leasing a Unit
If you own a unit and are renting or leasing it, please review this section for basic
information on coverage you should purchase. In addition, you should purchase the
following, including but not limited to:
1. personal liability insurance to cover your exposure as owner of the unit
2. loss of rents or fair rental value coverage, which can protect your rental income,
if a covered loss should occur
3. protect any of your personal property left in the unit
4, require your tenant to maintain his/her own HO-4 Renter's Policy to protect
possible liability or medical payments that could arise. He/she should also
purchase "Tenants Improvements and Betterments" coverage if the renter has
made any changes to your unit that falls under the $5,000 deductible.
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Responsibility of a Unit Renter
You should purchase an HO-4 Tenant's policy. Tenants are responsible for insuring:
1.
2.
3.
4.
your own personal property
personal liability and medical payments insurance
loss of use
If you are under a land/purchase contract with the owner, loss assessment coverage
should be purchased.
The material presented herein has been abbreviated to give you a clear understanding of
coverage. This summary is not all-inclusive nor does it alter or waive provisions of the actual
insurance contract. Owners should review the community Declaration and By-Laws. These
documents establish your rights and responsibilities as a homeowner. These documents are
available at a nominal cost from your Association's Managing Agent if you do not have them.
Please be advised that any incident of a possible claim against the Association's policy must
be presented to the Association.
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INSURANCE CLAIM
The Managing Agent can assist with an insurance claim, however,
1. It cannot be responsible to the homeowner's private insurance carrier under any
circumstances.
2. The homeowner should notify his/her private carrier to assure proper coverage on
one's private property. Also, the homeowner should notify the Managing Agent
to verify the responsibilities.
SALE OR LEASING OF A UNIT
Sale: The right of a unit owner to sell, transfer or otherwise convey that owner's unit is
not subject to any restrictions. To enable the Association to maintain accurate records,
each owner is asked to notify the Managing Agent, in writing, after a property has been
sold. Please include the names of the new owners. Often this is done by the title
company, but not always. In addition, each owner should pass on to the new owner all of
the condominium's organizational documents and handbooks. See Appendix:
Amendment #20
Leasing: PLEASE SEE THE BACK OF THIS HANDBOOK FOR IMPORTANT
DOCUMENTS PERTAINING TO RENTING A UNIT. THESE ARE THE
RESPONSIBILITY OF THE OWNER,
1. The occupant of the leased unit is subject to all of the rules and regulations of the
Village of Tall Trees.
2. Within thirty (30) days of occupancy by the tenant, the name, address, phone
number and a clear copy of the lease must be furnished to the Managing Agent or
the Board of Trustees.
3. The unit cannot be used as a motel, hotel or for transient tenants.
ITEMS FOR EXCHANGE
Upon the sale or rental of a unit, the outgoing occupant should turn over the following
items to the incoming occupant:
1.
2.
3.
4.
door keys to the unit
pool and exercise room key
copies of all of the documents for The Village of Tall Trees
a copy of the VTT Handbook
Please notify the incoming owner that mailbox keys must be handled through the US Post
Office.
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RULES AND POLICIES
The following rules and policies have been made by The Board of Trustees in accordance
with, but not limited to, the conditions set forth in the Declaration and the By-Laws.
These rules, regulations, conditions, limitations, and all separately titled sections shall be
binding upon each owner and all others who may be residing in or occupying the unit.
Due to the architectural design of the buildings, the Board paid particular attention to
how residents can impact others when establishing the aforementioned rules. The Board
also took into account Ohio Revised Code 5311, which pertains to condominium law and
insurance coverage for the exterior of the buildings.
Please keep in mind that it is virtually impossible to anticipate every situation which may
or may not create a hazard for an individual and/or the community. Therefore, the Board
reserves the right to add, delete, or amend these rules, regulations and policies of the
Association.
COMMON AREAS
Common areas are owned by all homeowners and are to remain undivided. The common
areas are for the use and enjoyment of all residents, and therefore, any individual may not
use the common areas in ways not approved by the Board of Trustees.
Common areas include the exterior parts of the buildings, roofs, streets, parking areas,
paved entry ways, lawns, wooded grounds, clubhouse, pool and the pool deck.
LIMITED COMMON AREAS
Limited common areas are those areas provided for the benefit of a unit owner, but not all
unit owners. In the Village of Tall Trees, these are patios, porches and balconies. These
areas are subject to limitations of use as approved by the Board of Trustees.
The rules and regulations governing the use of common areas and limited common areas
may be found in the section of the handbook that addresses rules and regulations.
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RULES AND REGULATIONS
1. Purpose of property: No part of the condominium property shall be used for
anything other than housing and recreational purposes for which the property was
designed. Each unit shall be used for residential purposes. No businesses, trade,
industry, occupation, or profession of any kind may be conducted or maintained
on any part of the condominium property without the written approval of the
Board of Trustees.
2. Obstruction of common areas: There shall be no obstruction or nor shall anything
be stored in the common areas without the prior written consent of the Board. No
unit owner shall obstruct or permit the obstruction of a driveway belonging to
another owner.
3. Additional structures: No additional and/or accessory structure of any nature
shall be erected upon the common areas without the prior written approval of the
Board.
4. Hazardous waste: Nothing shall be done or kept in any unit, garage or common
area which will increase the rate of insurance of the Association. No unit owner
shall permit anything to be done or kept in his/her unit or in the common areas
which would result in the cancellation of insurance or in the breaking of the law.
The accumulation of or incineration of waste, litter or trash in the common areas
is prohibited.
5. Exterior appearances: Unit owners shall not cause or permit anything to be hung
or placed on the inside or outside of windows such as reflective material. Window
fans are not permitted in windows. No sign, canopy, satellite dish or antennae
may be affixed upon the exterior walls, roof or any other part of the buildings or
common areas without the prior written consent of the Board. In order to maintain
a uniform exterior appearance of the buildings, window blinds that were furnished
for the developer may not be replaced by a different style. Storm/screen doors
must be approved through an Improvement Application. Entrance doors must be
repainted in original colors. These colors are Midnight Hour (Porter 554-7) for
the blue doors, Brick Dust (Porter 432-7) for the red doors and Castle Stone
(Porter 510-7) for the green doors. The best finish is exterior gloss acrylic.
6. Interior surfaces: In order to minimize the transmission of noise between units,
no hardwood, ceramic tile, marble, granite or similar type material may be
installed in any second floor unit WITHOUT THE PRIOR WRITTEN
CONSENT OF THE BOARD.
a. An improvement application must be submitted to and approved by the
Board prior to the installation of such flooring.
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b. All units seeking approval must state in the improvement application that
a noise reducing under-layment is being installed under the new floor
surface. UNDER NO CIRCUMSTANCE WILL AN APPLICATION BE
CONSIDERED BEYOND THIS POINT WITHOUT REFLECTING
THIS IN WRITING.
7. Nuisances: No noxious or offensive activity shall be carried on in any unit or in
the common areas. Nor shall anything be done, therein, willfully or negligently,
which may become a nuisance to any other unit owner or to the community.
8. Impairment of structural integrity: Nothing shall be done in any unit or to the
common areas which would impair the structural integrity or change any of the
buildings.
9. Signs: For Sale signs must be placed in the mulch beds. No signs of any kind are
to be placed in windows. Political signs are prohibited in the Village of Tall
Trees.
10. Use of the common areas: The drying of clothes or towels in public view is
prohibited. No person shall engage in the distribution of any materials on any
portion of the common areas. There shall be no picketing of any unit or other
facility on the community property. There shall be no marching, carrying signs,
or gathering for the purpose of demonstration without the prior written approval
of the Board. Nothing shall be altered, constructed, removed from or added to the
common areas without the prior written consent of the Board.
11. Fencing: No fencing (including invisible dog-control fencing) is permitted in the
common areas without the prior written approval of 'the Board.
12. Injuries and damages: Each unit owner shall be individually liable for injuries or
damages which result from his/her own negligence or willful misconduct within
his/her individual condominium.
13. Architectural control: No construction shall be commenced, directed, or
maintained upon the property nor shall any exterior addition or change or
alteration be made without prior written approval by the Board. Any applications
for such actions must contain plans and specifications showing the nature, kind,
shape, height, color, material and location of the project when submitted for
approval. Nothing in this article shall be deemed to authorize any construction
on, addition to or change in the property which would be prohibited by the
Declaration.
14. Handicapped accessibility: Notwithstanding the other provisions herein, any
owner, may, at his/her expense, have such reasonable modifications made to the
interior and the exterior of his/her unit and the common areas or limited common
areas as may be necessary to afford physically handicapped persons full
enjoyment of his/her premises. Any modification to be undertaken to the exterior
of a unit or the common or limited common areas shall comply with the
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guidelines and regulations of the U.S. Department of Housing and Urban
Development for buildings and facilities providing accessibility and usability for
physically handicapped people. If approved, a contractor must provide an
adequate performance bond to the Association. Notwithstanding the other
provisions herein, including those requiring the approval of the members of the
Association, the Board is authorized to make reasonable accommodations to any
rules, policies, practices, or services as may be necessary to afford a handicapped
person equal opportunities to use and enjoy the common areas and the limited
common areas.
15. Garbage cans: After garbage pick up day, all cans must be taken in doors within
24 hours after collection. The cans must be stored in doors and not within sight
from the street.
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IMPROVEMENT APPLICATION
THE VILLAGE OF TALL TREES
An application form must be submitted for any construction, change or addition to the
exterior of a building or grounds. The application must be filed PRIOR to the
beginning of a project. The goals of the application are:
1. To insure that a planned improvement conforms to the Association's
Declaration, enhances the beauty of the community, maintains the architectural
harmony of the community and does not inconvenience any other resident.
2. To enable the Association to assist in completing the planned improvement.
Name:
Address:
Home and Cell numbers:
Description of improvement:
A SCALE DRAWING OF ALL IMPROVEMENT MUST BE SUBMITTED WITH
THIS APPLICATION SHOWING EXACT LOCATION AND DIMENSIONS.
I understand the rules concerning the proposed improvement. This improvement in no
way encroaches on a neighbor's limited common area or ground. I agree to abide by
the rules established by the Association and will be solely liable for any upkeep
required by the improvement. I also agree that if the Board requires that this
application be made public record, I will be responsible for all such legal fees.
I further agree to obtain all licenses and/or building permits and to meet all legal
requirements for building codes.
Signature:
RETURN COMPLETED FORM TO VILLAGE OF TALL TREES c/o TOWNE
PROPERTIES 11840-C KEMPERSPRINGS Dr. CINCINNATI. OHIO 45240
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PAGE 2
(to be filled out by the Board)
Date received:
Received by:_
Approved or denied:_
Special details required:
Reason for denial:
Acknowledgement letter sent on:_
The Board of Trustees
HOA
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MAINTENANCE PROCEDURES
The Association is responsible for all portions of the property that is owned collectively
(the common areas). Routine matters of maintenance and repair should be referred to
the Board which will determine how the situation will be handled. Certain jobs such as
lawn care and snow removal are handled by outside contractors. Bids for these
contracts are accepted and reviewed on an annual basis.
SEASONAL REMINDERS
Summer: The budget of the HOA does not include watering of lawns, trees or shrubs,
except for that affected by the underground sprinkler system. During the hot, dry days of
summer (usually June 15 through September 15), any watering that a homeowner is
willing to do will greatly benefit the entire community.
Ornamental trees and shrubs: Water one time a week for approximately twenty (20)
minutes with a garden hose (not a sprinkler) running at 1A volume (one gallon per
minute).
Turf: Water one time per week for approximately 1 1A - 2 hours with a sprinkler.
Please be sure that garden hoses and such are not on the lawns during mowing days.
Winter: Please make sure that all garden hoses are disconnected from outdoor spigots,
which are located near the center front and center back of each building, in order to
prevent broken water pipes.
Snow removal is provided by the Association when two (2) or more inches of
accumulation occurs. Ice-control will be provided on an as-needed basis. Containers of
ice-melter can be found in the recessed garage entryways of each building.
SNOW POLICY
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1. The snow removal contractor is called after 2 inches of snow has fallen. Then a
decision is made as to when to begin snow removal.
2. First the streets are plowed.
3. Next the visitors' parking pads are plowed. After that if the residents will move
their cars out of their driveways to the plowed parking pads, the driveways can be
cleaned more efficiently.
4 Then the contractor will hand shovel the remainder of the driveways and the
sidewalks.
5. Residents may use provided ice-melter if it is needed.
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HOMEOWNERS/ASSOCIATION RESPONSIBILITIES
ITEM
RESPONSIBILITY
Common areas
Association
Limited common areas: stoops, driveways, patios
Association
Limited common areas: balconies
Owner
Unit interiors including windows, weather stripping, window frames,
doors and locks, porch lights, etc.
Owner
HVAC equipment
Owner
HVAC pad
Association
Electrical lines serving multi-units
Association
Electrical lines serving one unit
Owner
Plumbing: Common lines from point of connection to unit Association
Plumbing, interior
Owner
Smoke detectors
Owner
Garages: interior walls, doors, openers, ceilings, floors
Owner
Outdoor spigots
Association
Sidewalks
Association
Snow removal after 2 inches
Association
Painting, exterior
Association
Painting, interior and front door
Pest control, exterior
Owner
Association
Pest control, interior
Sprinkler control rooms
Interior sprinkler heads
Owner
Association
Owner
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PET AND ANIMAL POLICIES
Pets are a great source of companionship and comfort to their owners. However, they
may also be a source of annoyance and contention to others. A pet owner in a
condominium community must be aware of the impact on one's neighbors in regard to
number, size, noise and waste. The Board of Trustees has adopted the following rules
and regulations pertaining to pet ownership and management.
1. No unit owner shall have more than two (2) pets at a time. This excludes
aquarium fish.
2. No wild animals, livestock, fowl or poultry of any kind shall be raised, bred or
kept in any unit or in the common areas.
3. Dogs, cats and other pets may not be raised or bred for commercial purposes.
4. All pets must be leashed when walked.
5. No animals are permitted in the clubhouse, exercise room or pool area.
6. OWNERS ARE RESPONSIBLE FOR THE REMOVAL OF ANIMAL
WASTE IMMEDIATELY FROM ALL AREAS OF THE VILLAGE OF TALL
TREES.
7. Pet owners are held responsible for the violation of these rules. Pet owners are
also responsible for any property damage caused by the animal. The following
is a list of penalties for violations:
a. 1st offense
warning letter
b. 2nd offense
$25.00 fine
c. 3rd offense..
$50.00 fine
VEHICLE AND PARKING POLICIES
The enjoyment of the use of vehicles of all kinds is an everyday feature of condominium
living, but with it comes certain problems. The Village of Tall Trees was planned to
encourage pedestrian activities such as walking, jogging and bicycling. Our roadways
can adequately accommodate two lanes of traffic at a reduced speed. PLEASE
OBSERVE A TWENTY-FIVE MPH SPEED LIMIT.
The Board has adopted the following rules and regulations that affect vehicle operating
and parking:
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1. Only currently registered and licensed vehicles may be parked in an open parking
space. Unlicensed cars can be parked in garages. No vehicle can be parked in such
a manner that impedes passage of other vehicles or pedestrians.
2. No street or other portion of the common areas, other than designated parking
areas, shall be used for parking of any vehicles.
3. No junk vehicles, commercial vehicles, motor homes, recreational vehicles,
trailers, boats, campers, trucks exceeding 1 ton or those with a dual axle may be
kept or used in the common areas.
4. Except for bona fide emergencies, no extraordinary maintenance may be carried
out in any common area.
5. The use of parking spaces in the pool and clubhouse area is included in the rental
of the clubhouse. Therefore, please do not park there during a private party.
6. The Association shall have the right to install signs in the common areas
pertaining to parking restrictions.
7. ATV's must be operated on concrete and asphalt surfaces only.
8. The owner of any type of vehicle that leaks oil or any other fluid which results in
the staining of a driveway or roadway is responsible for the cleanup, restoration
and repair of the area.
The Board of Trustees will make the final determination as to the existence of a violation
under this section.
EXERCISE ROOM
Certain types of exercise equipment are available for use in the clubhouse. This
equipment is limited to homeowners and tenants only. The pool key provides access to
the exercise room. No one under 18 is permitted in the exercise room without an adult.
The exercise room equipment is Association property. Please leave it in a clean and
organized condition. SMOKING is not permitted in the exercise room. PETS are not
allowed in the exercise room.
Please turn radios and lights off before leaving the exercise room.
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LENDING LIBRARY
There is a collection of books in the exercise room. Please feel free to borrow them and/
or add to the collection. Please return them to the shelves in an orderly manner.
SWIMMING POOL POLICY
The pool is for the private use and enjoyment of the homeowners and residents of the
Village of Tall Trees. Guests are permitted as long as they adhere to the rules of
operation. Residents must accompany their pool guests. Please limit guests to four (4)
per household.
Only one key is issued to each household. It also accesses the restrooms in the exercise
room. KEYS MUST NOT BE GIVEN NOR LOANED TO NON-RESIDENTS FOR
THE USE OF THE POOL. The Board has the right to suspend pool privileges of any
member who abuses the rules or creates a safety hazard for others.
THE FOLLOWING RULES ARE FOR YOUR SAFETY AND SWIMMING
PLEASURE. THEY MAY BE AMMENDED BY THE BOARD AS NECESSARY.
IN CASE OF AN EMERGENCY, PLEASE CALL 911 AND THEN CONTACT THE
MANAGING AGENT AT 874-3737.
POOL RULES
1. NO LIFEGUARD IS ON DUTY. SWIM AT YOUR OWN RISK. NO DIVING.
2. In the interest of safety, please do not swim alone.
3. Children who are fourteen (14) and under must be accompanied by an adult
resident of at least eighteen (18) years or older. Children are the sole
responsibility of their parent, guardian or babysitter. This is a state law.
4. All guests must be accompanied by an adult resident of eighteen (18) years or
older. There is a limit of four (4) guests per household. Owners are responsible
for the behavior of their guests and any damages that they may cause,
5. No pets or other animals are permitted inside the pool area.
6. All beverages must be in paper or metal or plastic containers. Please do not bring
GLASS of any kind into the pool area.
7. Balls, plastic toys, floats and the like are permitted as long as they do not interfere
with other swimmers. Please do not store these items in the pool area overnight.
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8. Proper swimwear should be worn at all times (No cut-offs). Infants must wear
proper swim diapers. Non-swim diapers clog up the filters.
9. Pool operating hours are from 9:00 A.M. to 10:00 P.M. Please refrain from early
use so that the pool service may clean the pool properly.
10. Pool furniture may not be removed from the enclosed pool area.
11. The pool may not be reserved for private parties.
12. Users are asked to shut and lock the gate upon entering and leaving. This is a
Clermont County Board of Health regulation, and it is enforced by shutting down
the pool.
13. Radios and other music devices must be kept at a volume that is not offensive to
others.
14. Please pick up your trash and dispose of it properly before leaving the pool area.
Smoking is permitted and ash trays are provided. Please keep those clean.
15. OWNERS ARE RESPONSIBLE FOR THE ACTIONS OF THEIR GUESTS.
CLUBHOUSE RULES AND POLICIES
The Village of Tall Trees clubhouse is available to residents for private functions. It
belongs to the community and is considered common ground. Therefore, it is the
responsibility of all of the residents to care for and protect it. The fees for its rental are
used to cover normal maintenance and expenses. The overall management of the
clubhouse is supervised by the Board of Trustees.
AVAILABILITY
1. The clubhouse is available for the use by all community residents in good
standing. Its use is limited to private social functions and not business related
functions. Its capacity is fifty (50) people.
2. The clubhouse is available between the hours of 12:00 p.m. and 2:00 a.m. If
earlier access is needed for set-up, that can be arranged, provided there is no
scheduling conflict.
3. Clubhouse cleaning must be completed by 10:30 a.m. the day after the function.
4. The clubhouse is free of charge for a funeral reception. Please check with the
clubhouse coordinator for scheduling. Any Board member can help with other
arrangements.
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5. If you have reserved the clubhouse for a certain date, and decide not to have your
function, please let the clubhouse coordinator know as soon as possible.
6. A homeowner may be denied use of the clubhouse for just cause as determined by
the Board of Trustees.
PROCEDURES FOR USE OF CLUBHOUSE
1. The clubhouse is a SMOKE-FREE facility.
2. Clubhouse restrooms are open for swimmers during the pool season. Thus, you
may be sharing that facility during that time.
3. Temperature settings inside the clubhouse during all private functions are: 75
degrees in the summer and 68 degrees in the winter.
4. The clubhouse must be cleaned after an event. Tools and supplies may be found
in the front closet. Please do not use the supplies in the cabinet labeled
HOUSEKEEPING.
5. No pets are allowed in the clubhouse at any time.
6. The maximum capacity of the clubhouse is fifty (50) people. Entrance and exit
doors should not be blocked.
7. The homeowner who reserves the clubhouse must be in attendance for the
duration of the function. He/she is responsible for the conduct of all guests.
8. If the key is lost, misplaced, or stolen, the homeowner will be charged for
replacement locks and keys.
9. Under no circumstances shall alcoholic beverages be SOLD at any function in the
facility. Use of alcohol is confined to the inside of the clubhouse in accordance
with state and local laws. Consumption by minors is PROHIBITED.
10. Beer dispensers, such as kegs, are permitted. However, they must be in a leak
proof tub. Please do not place the tub on a carpeted surface.
11. All vehicles must be properly parked in the clubhouse parking lot and not in
private driveways or on the street. Improperly parked vehicles will be towed at
the owner's expense.
12. The swimming pool area (enclosed within the fence) is strictly off-limits to all
guests of a private function. The pool cannot be reserved for private use.
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13. The clubhouse cannot be reserved by a resident or tenant for use by a nonresident.
14. Signs, streamers, balloons, etc. will be permitted only if there is no damage to
painted surfaces, ceiling, floors or fixtures of any kind. Strong tape and tacks are
prohibited.
15. Please keep in mind that music cannot disturb other residents.
16. Outside services, such as caterers, must be accompanied by the homeowner
sponsoring the function.
17. Illegal activities are strictly prohibited.
18. The Board of Trustees reserves the right to deny the use of the clubhouse at
anytime.
TO RESERVE THE CLUBHOUSE
Reservations may be made by calling the clubhouse coordinator not less than seven (7)
days or more than six (6) months in advance of the desired date. All reservations are
made on a first-come basis. A rental agreement form is available from the coordinator (a
sample is included here). The form must be completed and returned to the coordinator
with two checks: one for $50.00, which is the rent, and another for $100.00, which is the
security deposit. Each check should be made out to The Village of Tall Trees
Homeowners' Association.
In the event that a resident wants to reserve the clubhouse for two different dates within a
sixty (60) day period, an additional request form and an additional $50.00 check must be
received.
The $50.00 rental fee is non-refundable, but the $100.00 security deposit is returned after
the event, provided there are no damages, no lost keys, and the clubhouse is left in a clean
and orderly condition. The Board of Trustees has jurisdiction over all such matters.
Arrangements to receive and return the keys to the clubhouse and TV are made between
the resident and the coordinator.
CLUBHOUSE COORDINATOR
Michele Teke
76 Ledger-woods Dr.
Amelia, Ohio 45102
752-1484
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VILLAGE OF TALL TREES
CLUBHOUSE RENTAL AGREEMENT
The agreement between the Village of Tall Trees Homeowners Association
and the community member for the rental of the clubhouse for a private
function shall be in accordance with the Rules and Regulations and are a part
thereof.
Requested by
Address
Home phone
Date of event
Cell phone
-
Member will serve food (Y) (N) Member will serve alcohol (Y) (N) * Alcohol cannot
be sold on the premises. Consumption by minors is also prohibited.
Two (2) separate checks are required: one for $50.00, a non-refundable rental fee, and
one for $100.00, a security deposit. Both checks must accompany the application and be
made payable to: The Village of Tall Trees Homeowners Association.
The security deposit will be refunded within 72 hours after the event, if the clubhouse is
left in an acceptable condition, no damage or loss has occurred, and there has been no
infraction of the clubhouse rules. The homeowner who reserved the clubhouse is
responsible for the payment of repair or replacement of all property damaged during the
function. This responsibility will remain until the homeowner completes his/her portion
of the checklist and has returned the keys.
Rules and regulations include but are not limited to the following:
1. Homeowners making the reservation must be in attendance for the ENTIRE
duration of the event and are responsible for the conduct of the guests.
2. Homeowners making the reservation will be charged for cleaning the property
after use (if applicable).
3. All cars must be parked in the clubhouse parking lot and not on the street or in
private driveways.
4. All food, waste, decorations and the like must be removed from the premises at
the end of the function. Plastic bags are provided under the sink for waste.
5. Guests of the party are not to use the exercise equipment in the work-out room,
and the guests are also not permitted to use the pool.
6. Closing time for a private event is 2:00 a.m.
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7. Cleaning must be finished by 10:30 a.m. of the morning following the event.
NOTE: ANY INFRACTIONS OF THE RULES AND REGULATIONS OR A
DISTURBANCE CREATED AS A RESUSLT OF THE FUNCTION WILL
REQUIRE THE HOMEOWNER TO APPEAR BEFORE THE BOARD OF
TRUSTEES FOR APPROVAL OF ANY FUTURE RESERVATIONS. THE
BOARD OF TRUSTEES HAS THE RIGHT TO SUSPEND PRIVILEGES OF ANY
MEMBER WHO HAS, IN THE OPINION OF THE BOARD, ABUSED THE
RULES AND REGULATIONS IN THIS AGREEMENT. AN AUTOMATIC
SDOT (60) DAY NON-USE PENALTY WILL BE IMPOSED AT THE TIME OF
THE SAID INFRACTION UNTIL THE MATTER CAN BE BROUGHT BEFORE
THE BOARD FOR ITS DECISION.
I understand and agree to abide by the above rules and regulations and understand
that I am responsible for any loss or damage of clubhouse property, which may occur
as a result of this function.
Signature of homeowner/tenant
Date of agreement
Approved by
Return this form to:
MICHELE TEKE
76 LEDGERWOODS DR.
752-1484
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CLUBHOUSE CLEANING AFTER AN EVENT
The homeowner is accountable for the post-event clean-up. The duties include:
1. Return all furnishings to their original places.
2. Wash counters, sinks and appliances.
3. Clean tables and chairs, check ledges, rails, wood-work and cabinets for spills and
smudges. Clean if required.
4. Vacuum carpeted areas and upholstered furniture.
attachments is found in the coat room.
A vacuum cleaner with
5. Sweep and/ or mop hard floors as needed. Supplies are in the coat room.
6. Check and clean restrooms if necessary.
7. Remove all food and waste. Please do not leave any left over food in the
refrigerator. Plastic garbage and trash bags are available in the cabinet under the
sink. PLEASE DO NOT USE SUPPLIES FROM THE CABINET MARKED
HOUSEKEEPING. Bags of trash must be removed from the premises.
8. The CHECKLIST should be completed by the homeowner and left on the kitchen
counter for the clubhouse coordinator to review on the day following the event.
THE
HOMEOWNER RESERVING THE
CLUBHOUSE IS
RESPONSIBLE FOR THE PAYMENT OF ANY DAMAGES. THE
BOARD OF TRUSTEES WILL HAVE THE FINAL SAY IN THIS
MATTER.
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CLEAN-UP CHECKLIST
THIS FORM IS TO BE LEFT ON THE SINK COUNTER TOP BY THE
HOMEOWNER AFTER CLEANING IS COMPLETED.
NAME OF HOMEOWNER__
DATE OF EVENT
DATE OF MANAGEMENT INSPECTION
INSPECTED BY
o Kitchen: Empty and clean fridge, clean microwave, wipe down
counter tops and sink, remove scuff marks from tile floor and
baseboards
o Restrooms: Be sure restrooms are clean and litter free.
o General: Clean up all spills. Wipe smudges from glass doors and
windows.
o Vacuum: Vacuum carpet taking time to sweep under furniture. Check
under cushions.
o Garbage: Empty and clean trash cans and replace bags.
o Food: Remove all food from premises.
o Exterior: Clear all debris and remove cigarette butts from outside
container.
o Interior: Close and lock all windows and doors.
o Keys: Return keys and report lost keys.
o Thermostat: After event settings: Summer 85 degrees; Winter 55
Degrees.
o Lights: Turn off all inside and outside lights. Two security lights in
the ceiling will remain on.
o TV: Put TV remote on top of TV and lock cabinet.
o Furniture: Return all furniture to its original position.
o Tape: Please do not use any Scotch Tape.
A $10.00 negligence fee is charged for each area of responsibility.
Homeowner
Inspector
30
COMPLAINT PROCEDURES
Most of us try not to encroach on our neighbor's rights while we try to treat others as we
would like to be treated. There are times, however, when everything doesn't go
according to plan and someone's toes get stepped on.
The Board has adopted the following procedure in the event that two homeowners have a
dispute that can't be resolved without intervention.
1. The board recommends that the two parties try to discuss the issue.
2. If a discussion is unsuccessful, call The Managing Agent to get an official
Complaint Form (see following page for a sample),
3. Fill out the form and return it to the Managing Agent who will notify the Board.
4. The following steps will be taken by the Board and the Managing Agent:
a. A letter will be sent to the offending party.
b. If there is no resolution, a second letter will be sent.
c. The Board of Trustees will stage arbitration and make recommendations to
resolve the issue.
ARBITRATION
In the event of any dispute between unit owners as to the application of any rules,
regulations and restrictions, the party aggrieved shall submit a written complaint form to
the Board specifying the dispute. The Board will set a time and a place for a hearing
within sixty (60) days and give written notice to each party involved at least five (5) days
in advance of the hearing. The Board, after hearing the evidence and arguments, shall
render a written decision on the matter within thirty (30) days. No legal action may be
instituted by either party on the aforementioned matter until the arbitration has been
proven inadequate or until both parties waive the matter.
ENFORCEMENT OF RESTRICTIONS
In addition to any other remedy permitted by the Declaration and By-Laws, the
Association is empowered to levy fines and charges upon unit owners for any violation of
any restriction contained in Article XIII pursuant to a schedule of fines as established and
revised by the Board. The Association shall provide the unit owner with a prior written
notice of the intent to impose a fine for a violation. If the infraction still occurs, a fine
may be imposed for every day thereafter until the violation is abated. Any unpaid fine
shall be assessed as a special unit individual assessment, and the Association will place a
lien on the property, as per the provisions of the Declaration.
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COMPLAINT FORM
THE VILLAGE OF TALL TREES
FROM:
DATE
ADDRESS.
PHONE
Specific complaint. Supply the name and the address of the offending
party.
NAME
ADDRESS
DATE OF OFFENSE,
OFFENSE
STEPS TAKEN TOWARD A
SOLUTION
SUGGESTIONS:
Please return to the Managing Agent
32
r
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Appendix #1
AMMENDMENT #20
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AMENDMENT NO. 20
TO
DECLARATION AND BY-LAWS
FOR
VILLAGE OF TALL TREES CONDOMINIUMS
This will certify that copies of Amendment No. 20 to the Declaration of the Village
of Tall Trees Condominiums, together with attached exhibits (if any) have been filed in
the offices of the County Auditor of Clermont County, Ohio this & day of April, 2011.
CLERMONT COUNTY AUDITOR
By:
ft
ft
ft
ft
ft
ft
This instrument prepared by:
Tracy L Hawkins, Esq.
Hawkins Law LLC
4030 Mt. Carmel-Tobasco Road
Suite 209
Cincinnati, Ohio 45255
513-843-4110 Phone
AMENDMENT NO. 20
TO
DECLARATION AND BY-LAWS
FOR
VILLAGE OF TALL TREES CONDOMINIUMS
sendment No. 20 to Declaration is made this 3rd day of April, 2011 by the Village of
Condominium Association, Inc.,
WITNESSETH
, on September 8,1999 the Declaration for the Village of Tall Trees
(the "Declaration") was recorded at Official Record 1224, page 1974 of the
County, Ohio Recorder's Office; and
, the Declaration has been amended from time to time pursuant to the
filed for record at OR 1247, Page 2346; OR 1253, page 2143; OR 1260, Page
1269, Page 811; OR 1297, Page 1359; OR 1317, Page 2021; OR 1372, Page 1970;
, page 2262; OR 1423, Page 92; OR 1473, Page 854; OR 1510, Page 2437; OR 1580,
; OR 1701, Page 902; OR 1727, Page 798; OR 1770, Page 2079; OR 1852, Page
W01?6R 1889, Page 269; OR 1998, Page 2216; and OR 2003, Page 1270; and
WHEREAS, in accordance with Article XV of the Declaratin and the provisions of Ohio
Revised Code §531 1 , as amended, the Declarant desires to amend the Declaration in order to
provide for limitations and restrictions on the rental of condominium units as set forth
hereinbelow.
NOW, THEREFORE, for the purpose of amending the Declaration, the Declarant hereby
declares as follows:
This Amendment to the Declaration of the Village of Tall Trees Condominium Association,
Inc. is adopted and executed this 3rd day of April, 201 1 by the Board of Trustees of the Village of
Tall Trees Condominium Association, Inc., without a vote of the Unit Owners in accordance with
Ohio Rev. Code §531 1 .05 et. seq., for the purpose of maintaining compliance with, and/or
meeting and complying with, the current and/or projected requirements of institutional
mortgagees, guarantors and insurers of first mortgage loans, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the Federal Housing
Administration, the Veteran's Administration and similar institutions; to meet and comply with the
requirements of insurance underwriters; to protect the equity of the individual Unit Owners and
the Village of Tall Trees Condominium Association, Inc.; and in order to carry out the purposes
for which the Condominium was formed by preserving the character of the community as a
homogeneous residential neighborhood of predominantly owner-occupied condominium units by
preventing the Condominium community from assuming the character of a renter-occupied
community through certain rental restrictions as set forth below, as the same may be amended
from time to time.
A. Effective Date. This Amendment shall be effective upon the date of recording hereof
with the Clermont County, Ohio Recorder (the "Effective Date").
B. Rental Restrictions. Except as otherwise provided in this Amendment in the case of
undue hardship, the Lease (as hereinafter defined) of Dwelling Units shall be limited to twenty
percent (20%) of the total Dwelling Units, To "lease" a Dwelling Unit may be deemed to include
the renting or leasing of a Dwelling Unit to a non-owner whether for money or otherwise, the
occupancy of a Dwelling Unit by a person or entity where such occupancy is primarily to the
exclusion of the Unit Owner, and/or or the offering of a Unit for rent, lease or occupancy to a
person or entity and primarily to the exclusion of a Unit Owner. No Unit may be leased for
transient or hotel purposes, nor shall any Unit be sublet without the prior approval of the Board
of Trustees. No lease shall be for a period of less than One (1) year. No lease may be for less
than an entire Unit Furthermore, all leases must contain a provision that the lessee(s), tenant(s)
or occupant(s) of a Unit are subject to the Declaration, the By-Laws, Rules and Regulations, and
policies of the Village of Tall Trees Condominium Association, as the same are promulgated
from time to time by the Board of Trustees.
C. Lease Approval. Any Unit Owner who plans to lease a Unit must obtain the Board of
Trustee's approval prior to entering into any such lease agreement. To seek approval from the
Board of Trustees, the Unit Owner must (1) apply in writing for an approved lease by submitting
the completed Rental Application form available by and through the Associations' Managing
Agent, and (2) the Board shall have fourteen (14) days from the date the Rental Application form
is received by the Association's Managing Agent to approve or deny the Application. If the
Application is approved, any such approval shall be contingent upon the Association's receipt of
the Unit Owner's fully executed lease agreement within thirty (30) days from the date of such
approval. The Unit Owner shall notify the Association's managing agent of any termination or
expiration of an approved lease, or if an approved lessee vacates the Unit for any reason, within
fourteen (14) days after the lease terminates or expires, or within fourteen (14) days after the
tenant vacates.
D. Hardship Exceptions. Notwithstanding the foregoing limitation, the Board of Trustees
shall be empowered to allow a Unit to be leased to avoid undue hardship, including but not
limited to (1) where a Unit Owner must relocate his or her residence and cannot, within one
hundred twenty (120) days from the date the Unit was placed on the market with a licensed
realtor, sell or enter into a contract for the sale of such Unit for the current appraised market
value, after having made a reasonable effort to do so; (2) where the Unit Owner dies and the
Unit is being administered by his or her estate; and (3) where the Unit Owner takes a leave of
absence and has provided written verification thereof to the Association's managing agent, or
where the Unit Owner temporarily relocates but intends to return and reside in the Unit. The Unit
Owner must reapply for a hardship at least ninety (90) days prior to the expiration or renewal of
an approved lease. Any lease or hardship exception which does not comply with this Section
shall be void unless subsequently approved by the Board of Directors in writing.
E. Applicability to Current Leaseholds. Those Unit Owners whose Units are leased on the
Effective Date may continue to do so and shall not be required to apply for and demonstrate an
undue hardship exception as a prerequisite for same; provided that the Unit Owner provides a
written copy of the lease agreement to the Association's managing agent within thirty (30) days
from the Effective Date. Upon any conveyance of a Unit, any grantee thereof shall be subject to
the provisions of this Section, in addition to all other provisions of the Declaration, By-Laws, and
any and all Rules and Regulations adopted by the Board of Trustees from time to time, including
any requirement to re-apply for and demonstrate an undue hardship exception.
F. Power of Eviction. Every lease shall provide that the violation of any provision of the
Declaration, By-Laws, Rules and Regulations and/or policies shall constitute a default under the
lease. Upon an event of default, the Association shall have the right (but not the obligation) to
evict the tenant, lessee and/or occupant at the Unit Owner's cost. In the event any lease does
not include the foregoing language, then by means of this Amendment such provision shall be
deemed to be automatically included in such lease. Each Unit Owner agrees to provide his or
her lessee(s), tenant(s) and/or occupant(s) with a copy of the Declaration, By-Laws, Rules and
Regulations, and all policies as are promulgated by the Board of Trustees from time to time.
G. Special Provisions. No individual Unit Owner may rent more than one (1) Unit at a time
without the express and prior consent of the Board of Trustees. No person who is the beneficial
owner of any Unit by virtue of any trust, limited liability company, partnership, or any other entity,
shall be permitted to rent more than one (1) Unit at a time. Notwithstanding anything herein to
the contrary, no Unit Owner who is a grantee or transferee of a Unit shall be permitted to lease
his or her Unit unless said Unit Owner has physically occupied the Unit as his or her primary
residence for a period of at least one (1) year
IN WITNESS WHEREOF, the undersigned Village of Tall Trees Condominium Association, Inc.,
an Ohio corporation, by and through its duly authorized officer, has caused this Declaration to
be executed this 3rd day of April, 2011.
Village of Tall Trees Condominium Association, Inc.,
an Ohio corporation
By:
Its:
State of Ohio
County of Clermont
)
)ss:
)
The foregoing instrument was acknowledged before me this
day of April, 2011 by
, the
, of Village of Tall Trees Condominium
Association, Inc., an Ohio corporation, on behalf of the corporation.
Notary Public, State of Ohio
RENTAL APPLICATION
THE VILLAGE OF TALL TREES
CONDOMINIUM ASSOCIATION, INC.
lis form to apply for approval of the rental of a Unit at the Village of Tall
ibminiums along with a $20.00 non-refundable application fee. No Rental
Iwill be considered unless the application fee and lease agreements are
VME:
?ESS:
)DRESS:
)NE:
u
)NE:
)PERTY LISTED FOR SALE?
REALTOR NAME:
REALTOR PHONE:
LISTING PRICE:
LISTING DATE:
TENANTS/RESIDENTS:
CONTACT INFORMATION:
HOME PHONE:
CELL PHONE:
WORK PHONE:
i
,
•D LEASE TERMS:
START DATE:
END DATE:
MONTHLY RENT:
RENEWABLE?
3y of the signed lease agreement must be attached to this form. Submit the
Dieted form, lease agreement and application fee to Towne Properties at 11840-C
3r Springs Drive, Cincinnati, Ohio 45240. Please contact Bill Dartnall at Towne
Jerties at 513-874-3737 with any questions regarding this form.
"fave you attached a copy of the proposed lease?
Have you included the application fee?
Date
Owner's Signature
RENTAL DISCLOSURE
THE VILLAGE OF TALL TREES
CONDOMINIUM ASSOCIATION, INC.
If you are currently renting your condominium unit or offering your condominium unit for rent,
you are required to provide the following information to The Village of Tall Trees:
OWNER NAME:
UNIT ADDRESS:
MAILING ADDRESS:
HOME PHONE:
WORK PHONE:
IS YOUR PROPERTY LISTED FOR SALE?
YES
NO
NAMES OF TENANTS/RESIDENTS:
TENANT'S CONTACT INFORMATION:
HOME PHONE:
CELL PHONE:
WORK PHONE:
LEASE INFORMATION:
START DATE:_
END DATE:
RENEWABLE?
A copy of this signed lease agreement must be attached to this form. Submit the completed form
and lease agreement at Towne Properties at 11872-C Kemper Springs Drive, Cincinnati, Ohio
45240. Please contact Bill Dartnall at Towne Properties at 513-874-3737.
Date
Owner's Signature