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ELLINGTON CONDOMINIUM Rules and Regulations Revised as of…
Tags: access control, barbecues, condominium rules, domestic pets, elements, elevators, insurance, insurance coverage, interior alterations, motor vehicles, residential units, statement of principles, table of contents,Pages: 39
Language: english
Created: Wed May 28 11:04:44 2008
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ELLINGTON CONDOMINIUM
Rules and Regulations
Revised as of May 20th , 2008
1 05.20.08
Table of Contents
SECTION TITLE
1. STATEMENT OF PRINCIPLES .........................................................................................3
2. COMMERCIAL ACTIVITIES ...........................................................................................3
3. BARBECUES ......................................................................................................................4
4. MOTOR VEHICLES AND PARKING ..............................................................................5
5. ACCESS CONTROL...........................................................................................................7
6. USE OF ELEVATORS AND BUILDING ENTRANCES .................................................8
7. INSURANCE COVERAGE................................................................................................9
9. INTERIOR ALTERATIONS AND MAINTENANCE OF UNITS AND LIMITED
COMMON ELEMENTS ...................................................................................................11
12. USAGE OF COMMON ELEMENTS ...............................................................................23
13. USE OF LIMITED COMMON ELEMENTS ALLOCATED TO ALL RESIDENTIAL
UNITS ................................................................................................................................25
14. USAGE OF LIMITED COMMON ELEMENTS ALLOCATED TO PARTICULAR
RESIDENTIAL UNITS .....................................................................................................31
15. DOMESTIC PETS ................................................................................. 31
16. CONDOMINIUM RESALE..............................................................................................33
17. NOTICES REGARDING OCCUPANCY CHANGES .....................................................34
18. MANAGEMENT...............................................................................................................35
19. ASSOCIATION GOVERNANCE ....................................................................................36
2 05.20.08
1. STATEMENT OF PRINCIPLES
1.1. The Board or the Association may adopt rules and regulations necessary or
advisable for the proper administration of the Condominium. The rules and
regulations may be amended; by the Board (or the Owners in the same manner as
amending these Bylaws), and such rules and regulations shall be deemed a part of
these Bylaws. To the extent these rules and regulations are inconsistent with the
Declaration, Articles or Bylaws, the Declaration, Articles or Bylaws will govern.
1.2. For the purposes of this document, Resident shall be defined as an Owner, Family
Member, Lessee or Co-habitant registered with the Ellington Management while
presently living at The Ellington.
1.3. The Association will not apply its rules, or conduct its affairs in any manner,
which would constitute illegal discriminatory treatment of any individual or class
protected by law. We will endeavor to act fairly in all matters and in a matter fully
consistent with both the letter and spirit of the law.
1.4. All references to "Association" or "HOA" in the following body of the Ellington
Rules and Regulations refer to the "Ellington Home Owners Association".
2. COMMERCIAL ACTIVITIES
2.1. Residential Units
The Residential Units shall be used exclusively for residential purposes.
Timesharing of Residential Units, as defined in RCW 64.36, is prohibited. No unit
shall be leased (rented) for less than six (6) months, except for the Guest Suite.
No Trade or Business of any kind may be conducted in or from any Residential
Unit except that an Owner or Occupant residing in a Residential Unit may
conduct Business activity within the Residential Unit only if:
2.1.1. The existence or operation of the Business activity within the Residential
Unit is not apparent or detectable by sight, sound or smell from the
exterior of the Residential Unit.
2.1.2. The Business activity conforms to all zoning requirements for the
Property;
2.1.3. The Business activity does not involve persons making regular visits
onto the Property who do not reside in the Condominium;
2.1.4. The Business activity does not in the sole discretion of the Board cause
excessive deliveries to/or from the Residential Unit.
2.1.5. The Business activity does not increase the liability or casualty insurance
3 02.27.07
obligation or premium of the Association; and
2.1.6. The Business activity does not cause an increase in the consumption of
utilities or trash collection services paid for by the Association as a
common expense; and
2.1.7. In the sole discretion of the Board, the Business activity is consistent
with the residential character of the Residential Units.
2.1.8. In the sole discretion of the Board, the Business activity does not
constitute a nuisance or hazardous or offensive use.
2.2. Commercial Units
2.2.1. Prior to engaging in any commercial activity, unit owners or tenant shall
submit in writing to the Board of Directors the proposed outline of the
commercial activity that they will be engaged in. The Board of Directors
shall review the requests and decide if the proposed commercial activity
is within the scope of Section 10.2 of the Declaration.
2.2.2. Commercial activities which violate any local zoning or use ordinances,
or which violate any aspect of the Association's rules and regulations,
are not permitted.
2.2.3. Excessive vehicular or pedestrian traffic from suppliers, vendors,
customers, employees, or anyone else associated with a commercial
enterprise shall be reason to prohibit its conduct in the building.
2.2.4. No commercial activity can take place in any common elements.
2.2.5. Any solicitation or door-to-door sales in the residential and common
areas of the building is strictly prohibited, unless specifically approved in
advance by the Board.
2.2.6. Commercial units shall not allow non-residents to have access to
common areas.
2.2.7. The Association will not assist or cooperate with any commercial
undertaking, including the use of Association mailings, the Association
roster or telephone directory, Association meetings or the Association
bulletin board (if any), except in the connection with a legitimate activity
or responsibility of the Association.
3. BARBECUES
3.1. The use of barbecues is a potentially dangerous situation. All owners and their
tenants, guests, invitees and licensees must observe all safety precautions at all
times, when using barbecues. If an owner observes what is thought to be a safety
4 02.27.07
hazard he/she should call it to the attention of the Building Manager or Concierge.
3.2. Only propane, electric or natural gas barbecues are allowed. Gas BBQs must use
5 gallon canisters. Larger canisters are prohibited. No briquettes or wood fuels
are permitted for use on Ellington Condominium decks. Chip fed food smoker
units are strictly prohibited.
3.3. Barbecue safety: Any time you deal with heat, flames, propane, etc., you take the
risk of a fire. When barbecuing on a Unit deck, several precautions shall be
observed:
· Make certain that your barbecue is well insulated from any flammable
surface.
· Never leave your grill or barbecue unattended while it is in use or is still
hot or on self clean.
· Keep all propane canisters out of direct sunlight and make certain the
venting mechanisms work properly and the canister itself is in good shape.
Do not store propane canisters indoors.
· A fire extinguisher must be at hand when barbecuing.
3.4. Barbecuing is permitted only on residential unit decks. No barbecuing is
permitted anywhere inside the building. Barbecuing is permitted on the clubroom
terrace with permission and knowledge of the front desk concierge or security
personnel. (This assures that the BBQ will be left clean and the gas turned off.)
4. MOTOR VEHICLES AND PARKING
4.1 When exiting or entering the garage, residents shall exercise caution. Bicycles
have the right of way but must observe the same garage rules, courtesies and
protocols as automobiles. Suspicious activity should be reported to the Concierge,
night security, Building Manager, or if appropriate, the police.
4.2 When exiting the garage stop after passing through the gate and do not proceed
down the alley until the gate has completely closed behind you. The objective is
to guard against unauthorized persons entering the garage while the gate is up.
4.3 When entering the garage, proceed past the door sensors and stop until you
observe that the gate is closed behind you before proceeding on to your parking
space. If there is a car ahead of you entering the garage, wait until the garage gate
begins to descend after the car ahead has entered, then click your garage opener.
The garage door will begin to open again and that will signal the car ahead to
proceed on into the garage and for you to enter.
4.4 THE SPEED LIMIT IN THE PARKING GARAGE IS 5 MPH, OR LESS. BE
AWARE OF PEDESTRIANS AND BICYCLES THAT MAY BE PRESENT
5 02.27.07
AND VEHICLES EXITING PARKING STALLS. EXERCISE EXTREME
CAUTION.
4.5 HEADLIGHTS ARE TO BE TURNED ON AT ALL TIMES WHILE
OPERATING A VEHICLE OR BICYCLE IN THE PARKING GARAGE.
4.6 All minor vehicle maintenance and repairs done on the premises must be
accomplished within the same calendar day. Major vehicular repairs are to be
done off site. Vehicles may not be left up on jacks, stands, or blocks overnight.
Vehicles may not be left in a disassembled state, and parts may not remain on the
ground overnight. Vehicles in violation will be impounded at the vehicle owner's
expense and fines will be assessed against violators.
4.7 No repair activity is permitted that will damage or harm the Association's
physical plant or the environment. All fluids such as coolant, oil, gasoline, etc.,
must be properly collected and disposed of off-site. No fluids are to contact in the
parking garage surfaces or drains, including the areas of the car wash. If a vehicle
has a fluid leak the owner shall provide and maintain an appropriate drip pan.
Because of its extreme flammability and danger of fumes spreading and causing
unpleasant odors, transfer of gasoline is forbidden. Any damage is to be properly
repaired immediately, at the vehicle owner's expense. Car washing is prohibited
in parking spaces.
4.8 Vehicles using the garage must be kept in properly tuned and in repair to avoid
exhaust smoke and excessive fumes. Mufflers must be in good working order.
Running vehicles shall not under any circumstances, be left unattended.
4.9 Each resident using an owned or rented parking stall shall notify management of
the make of the vehicle, owners name, unit number, license number, and stall
number. Parking space rental to non-residents is forbidden.
4.10 Residents must use owned or rented stalls only. Improperly parked or positioned
cars will be impounded at the discretion of Management at the request of the stall
owner or at the discretion the Board of Directors. There is a limit of one vehicle
per stall. Exceptions will be made for motorcycles or mopeds when the space
being used does not exceed the marked length and width of the stall. Parking of
any vehicle which obstructs the use of any adjacent stalls or which impedes the
flow of traffic is prohibited, and can be impounded at the owner's expense.
4.11 Car parts, vehicle accessories, personal property, trash or miscellaneous items are
not to be stored in any stalls. Such storage poses a hazard and hinders proper
cleaning of the garage. All such stored items will be removed at the discretion of
the board or property management at the owner's expense.
4.12 Construction of any storage "locker" in or adjacent to a parking space is
forbidden. Kayak, canoe or other storage may be permitted by the Board, upon
submission and approval of a design that complies with all fire and building codes
and other requirements. Approved storage devices will be installed entirely at the
6 02.27.07
owner's expense.
4.13 Any vehicle in violation of any rule contained in this section is subject to
immediate impoundment at the discretion of Management or Board, at the vehicle
owner's expense. Building Management may see fit to place a warning on a
vehicle, or contact the vehicle's owner directly, but there is no assurance that any
warning will be given prior to impoundment or removal of the vehicle. In addition
to the cost of the impoundment levied by the tow company in accordance with
applicable civil tariff, a charge may also be levied for any administrative time
incurred by the Association in enforcing or attempting to enforce any rule in this
section, or in effecting or attempting to effect any impoundment.
4.14 All vehicles are parked at the owner's risk. The Ellington HOA or Property
Management is not liable for damage or loss of vehicles or personal property
parked or located in the Ellington garage.
4.15 All vehicles must display current tags, registration or temporary trip permit.
5. ACCESS CONTROL
5.1 The Prox Card System is designed to limit access into the building to authorized
persons only.
5.2 To prevent unauthorized persons from entering the building, residents are asked to
be alert for possible problems and/or danger and notify the concierge or the police
immediately.
5.3 See Section 11.4 of these Rules and Regulations regarding the cost of a Prox
Card.
5.4 The Entry Access Intercom unit located at the lobby main entry will allow visitors
to contact residents in their homes. Residents may provide access to the building
lobby by pressing "9" on their phone when talking to their guests. All
unannounced or unaccompanied Ellington guests must sign in at the front desk.
5.5 Small hand carried deliveries will be permitted through the lobby entrance. All
large items, including but not limited to, furniture and appliances, must be
delivered through the parking garage via padded elevator by arrangement of the
recipient through the Ellington Concierge.
5.6 Owners shall notify Management at least 24-hours in advance of any scheduled
repair or maintenance, which will require admitting tradesmen to the building.
Trade persons will be required to sign in and out with the Concierge, and are not
to be given Prox cards or fobs. The owner is responsible for the trade person's
activities while they are inside the building.
5.7 The Concierge will not admit visitors to the Ellington beyond the building lobby
without permission from a resident.
7 02.27.07
5.8 Residents who wish to allow someone into their unit while the resident is absent
may leave a key, written permission and any instructions with Concierge. The
Concierge will require proof of identity before relinquishing the key.
5.9 The Concierge and front desk staff, among other duties, may serve as a
communication link for written communication from unit owners to Building
Management and/or Board of Directors.
5.10 The Concierge and front desk staff will receive packages and deliveries for
residents, such items will be signed for by the concierge or front desk staff and
entered into a log and held in the secured storage area for pick up by the
addressee. The addressee shall then sign the log acknowledging receipt when he
picks up any such items. Certified and Registered Mail; must be signed for by the
addressee.
6. USE OF ELEVATORS AND BUILDING ENTRANCES
6.1 Use of passenger elevators is restricted to passengers and small hand carried
parcels. Anything else must be transferred in an elevator with pads installed.
6.2 Use of the elevator for moving in or out, or transporting large items must be
scheduled with Management at least 24 hours prior to use. The elevator must be
padded and its use reserved in advance through building management.
6.3 Exclusive use of a padded elevator for moving in or out or transporting large
items must be arranged with the concierge. Move ins or move outs shall be
allowed from 8:30AM until 12:30 PM and from 12:30 PM until 4:30 PM.
Reservations will be for a 4 hour shift only and will be taken on a first come, first
serve basis.
6.4 Restoration costs resulting from damage to elevators, halls, carpeting, common
areas or elements etc., caused by a resident's trade persons, delivery persons or in
the process of moving (in or out) shall be the financial responsibility of said
resident. See Move In/Move Out rules and regulations.
6.5 Ellington Condominium Owners Association is not responsible for any damage or
injuries to persons that may result from items being stored or left in these
locations.
6.6 Trade persons are to use a padded elevator if they are transporting construction
equipment that requires bracing or leaning against the elevator walls or panels.
6.7 Contractors may only use the elevators between the hours of 8:00 A.M.. and 5:00
P.M.
6.8 Transporting of bicycles is through the garage entrance only. (See also Section
13.5 for rules and regulations regarding storage of bicycles.) Other than luggage
8 02.27.07
carts, wheeled equipment is not to be brought through the lobby unless due to
disability.
6.9 Cleaning people and equipped service people will come and go from the Ellington
through the breezeway door only.
7. INSURANCE COVERAGE
7.1 All owners are urged to consult their own qualified insurance advisor in order to
determine the amount and types of homeowner's insurance coverage they should
maintain. All of the information contained herein is intended to assist you in such
an evaluation. This is not a substitute for qualified professional counsel and it
does not constitute a professional recommendation.
7.2 Owners are entitled to receive a copy of the coverage summary provided by the
HOA's insurance in accordance with RCW 64.34. The Association's coverage is
subject to a deductible. It may be your obligation to pay this deductible. You are
advised to consider purchasing your own insurance to cover this deductible
amount. The HOA's property insurance will not apply to the personal property
of any owner, resident, guest, licensee, or invitee. Generally, the Association's
coverage will apply to the unit as originally constructed. This means the walls,
carpets, appliances and window coverings will be insured, subject to the
deductible, to their original quality and design. Any additions or upgrades will not
be covered and owners must obtain separate coverage for these.
7.3 Although, the HOA provided insurance may provide coverage for certain items, it
may still be the unit owner's responsibility to pay the deductible on any loss. See
Section 9 of these Rules and Regulations (Interior Alterations and Maintenance of
Units and Limited Common Elements) to further examine the responsibilities of a
unit owner regarding the cost of repairs.
7.4 Each owner is urged to consider carrying lability, personal property, loss of rents,
i
additional living expense and loss assessments coverage, in addition to any other
coverage recommended by their insurance advisor.
7.5 All losses which may be covered under the Association's policy must be reported
to the Management agent as soon as possible, and confirmed in writing within 48-
hours or as soon as possible thereafter. No claims may be made directly to the
insurance company or agent.
7.6 The HOA acts as trustee for all claims paid. Proceeds are never paid directly to
owners. The Association will arrange to have the repairs made using the insurance
proceeds, or pay the owner's contractor directly, less any deductibles. In cases
where the owner has already advanced funds to a contractor, and these funds are
reimbursed by insurance, the Association may reimburse the owner out of
insurance proceeds, to the extent allowed by the amount paid by the owner and
the applicable deductible.
9 02.27.07
8. EXTERIOR APPEARANCE
8.1 In order to preserve a uniform appearance, all portions of units visible from the
Ellington exterior, including but not limited to exterior paint, screens, doors,
railings, deck walls and mini-blinds, etc., must preserve the designated and
existing style and color scheme of the Ellington.
8.2 All decks and entryways are to be kept in a clean and neat condition at all times.
The Board in its sole discretion reserves the right to require the removal of any
item deemed to be unsightly or offensive. Decks or terraces are not to be used for
storage purposes.
8.3 The watering of plants, sweeping, or cleaning of balconies shall be done in a
manner which will not be a nuisance or hazard to persons residing in lower or
adjacent units.
8.4 For both safety and cleanliness, the exteriors of the windows should be washed by
a professional window washer, however, if accessible windows are washed by a
resident, no amount of water or cleaning solution shall be allowed to drip on units,
balconies, decks or terraces below.
8.5 Nothing, including but not limited to cigarette butts or burnt matches, shall be
swept, thrown, dropped, or shaken from doors, windows or decks.
8.6 Plants or any paraphernalia shall not be hung from ceilings, walls or deck railings.
All plant containers must have drip pans underneath.
8.7 Deck surfaces shall not be modified or covered. Nothing shall be attached to the
deck walls, ceilings or railings.
8.8 No sign of any kind shall be displayed or visible on or from any unit, common
elements or limited common element, nor shall any sign of any kind be inscribed,
painted, engraved or affixed to the exterior of any unit, common element, or
limited common element except as permitted by the Declaration.
8.9 In order to maintain architectural uniformity, no modification of any Common
Element, Limited Common Element Allocated to All Residential Units or Limited
Common Elements Allocated to Particular Residential Units is permitted, except
as permitted by the Declaration.
8.10 No resident may alter or construct anything in a common or limited common area.
The installation of satellites, antennae, air-conditioning units etc. on the exterior
of a building, on a deck, or protruding through the walls or roof of a building, is
expressly forbidden.
8.11 Curtains, blinds, shutters or draperies or any other window covering visible from
the exterior of the building must be white, off-white or neutral. Blinds must be in
good condition, shall not be noticeably broken or damaged and shall hang freely.
10 02.27.07
8.11.1 Only recognized deck/patio furniture, plants and BBQ grills may be kept
on decks or terraces. Other objects including clothes lines and drying racks are
prohibited as are hanging clothes or towels over balcony railings. Residents on a
temporary basis may display limited holiday decorations. Holiday seasonal
decorations, lights and door wreaths can only be displayed between Nov 15 Jan
15th . These must be removed from decks and unit doors no later than the 15th of
January. .
8.12 Storage and placement of items other than commonly understood and recognized
deck or patio furniture and barbecues or plants are prohibited.
9. INTERIOR ALTERATIONS AND MAINTENANCE OF UNITS AND LIMITED
COMMON ELEMENTS
9.1 Definitions:
Unit boundaries: Refer to Section 6.2, in the Declaration.
Unit Elements: Refer to Section 7.1, in the Declaration.
Limited Common Elements: Refer to Section 8.1, In the Declaration.
9.2 Alterations:
9.2.1 THE PROVISIONS OF THIS SECTION APPLY TO ALL
COMMERCIAL UNITS, RESIDENTIAL UNITS AND LIMITED
COMMON ELEMENTS ALLOCATED TO A PARTICULAR
RESIDENTIAL UNIT.
9.2.2 PRE-CONSTRUCTION APPROVAL
9.2.2.1 All structural changes, remodels or improvements,
including but not limited to internal changes to units,
changes to mechanical risers, plumbing risers, sprinkler
systems, HVAC and Fire systems, changes to interior or
exterior common elements, and all core drilling of exterior
and bearing walls, slab and ceiling (hereinafter "changes")
must be:
· described in detail in an "Application for Improvements
or Construction" (forms available from the Concierge);
· accompanied by a copy of the license and bond,
drawings and specifications showing changes sought
and must be signed and submitted to Ellington
Management for review by the building engineer before
final Board approval.
11 02.27.07
· The work shall be performed by licensed and bonded
contractors. The Application for Improvements or
construction shall include a copy of the contractor's
applicable license(s) and bond attached.
9.2.2.2 A $2,500.00 damage deposit to Property Management will
accompany the "Application for Improvements or
Construction". These funds will be deposited upon Board
approval of the application and returned within seven (7)
business days after construction completion and final
inspection. Any damage done as a result of construction to
any common or limited common element or areas will be
deducted from the deposit. If damage is in excess of the
deposit, the additional liability will be the responsibility of
the owner.
9.2.3 BUILDING PERMITS
9.2.3.1 The owner must obtain all required permits and provide
copies to the HOA in advance of work commencement.
9.2.4 COMMON ELEMENTS
9.2.4.1 Common elements may not be used for any construction
project including staging, painting and storage of materials
or any other construction work.
9.2.4.2 Owners are responsible to see that their workers leave
common elements, including all hallways and elevators,
clean, free of construction materials and undamaged at the
end of each day's work.
9.2.5 SCHEDULING AND COORDINATION OF WORK
9.2.5.1 The Owner shall submit, for approval, a proposed
construction schedule with beginning and end dates for all
approved projects to Building Management. Building
Management shall be responsible for approving schedules
of the freight/service elevator and common elements to
avoid conflicts.
9.2.5.2 Building Management must be consulted anytime
12 02.27.07
construction will disrupt any Ellington Condominium
systems and/or operation. Seventy-two (72) hour notice
must be given prior to proposed disruption.
9.2.5.3 Construction work is to be continuous and completed
promptly in accordance with the approved schedule.
9.2.6 DEBRIS REMOVAL
9.2.6.1 Left over construction materials, associated scraps and
containers must be removed from the Ellington premises
and may not be disposed of in the Ellington dumpsters,
containers or down trash chutes.
9.2.6.2 Up to a 10-yard dumpster provided by a contractor may be
permitted for major demolition projects if scheduled in
advance with Management and formally approved by the
board.
9.2.7 ELEVATORS
9.2.7.1 Workers must use a padded elevator. Materials must be
delivered in a padded elevator, through the garage. The
elevator must be padded, and its use reserved in advance
through Building Management.
9.2.7.2 Contractors may only use the elevators between the hours
of 9:00 A.M.. and 4:30 P.M.
9.2.7.3 Under no circumstances shall an unpadded elevator be
used to transport building materials, nor will any such items
be carried through the main lobby, except as approved by
the Building Manager and an executed entry access
agreement; including any required security and/or damage
deposits.
9.2.8 FIRE SYSTEM
9.2.8.1 No sprinkler head, system drainage, or monitoring device
shall be modified without prior written approval of the
Board of Directors and the Building Engineer.
9.2.8.2 In the event the fire alarm wiring is cut, the owner will be
responsible for all repair costs and false alarm expense.
9.2.9 LOADING AREA-GARAGE
9.2.9.1 The loading area in the alley is primarily for loading and
13 02.27.07
unloading purposes. Parking of service vehicles is at the
discretion of and approval of the property management on
duty or by pre-authorized agreement.
9.2.10 SECURITY
9.2.10.1 No garage door, elevator lobby door, or exterior door may
be propped open at any time.
9.2.11 HARD SURFACE FLOORING
9.2.11.1 Section 10.4. of the Declaration requires that "An Owner of
a Residential Unit may (with the written consent of the
Board or pursuant to rules and regulations adopted by the
Board to ensure reasonable acoustical controls), install hard
surface flooring in the Owner's Unit in other than
designated bedroom areas. Such rules and regulations
adopted by the Board may require that any hard surface
flooring be at least sixty percent covered with area rugs and
may require the use of an acoustical mat under the
flooring."
Carpet tile is acceptable for bedroom areas and as a
replacement for traditional carpets but only under the strict
condition that the product being installed meets acoustical
quality standards. This shall be determined by the Ellington
building engineer and subsequent final approval by the
Board in the same manner as in the installation approval
process for hard surface flooring.
9.2.11.2 The following shall be the criteria for Board approval of
requests for hard surface flooring installations:
a. Hard surface flooring may only be installed over an
acoustical sub floor, which meets or exceeds the FHA
recommended guideline for impact sound insulation for
floor/ceiling assemblies in higher quality residential units
of IIC 55 and a field tested, licensed acoustical engineer
certified FIIC (Field Impact Insulation Class) of 50.
b. Tile, carpet tile, marble, stone or any other hard surface
flooring may be installed on condition that installation
includes affixed underlayment or acoustical underlayment
which meets or exceeds the FHA recommended guidelines
for impact sound insulation for floor/ceiling assemblies in
high quality residential units of IIC 55 and a field tested,
licensed acoustical engineer certified FIIC (Field Impact
Insulation Class) of 50.
14 02.27.07
c. The Homeowner shall submit to the Board a lab report
from a nationally recognized independent acoustical testing
laboratory such as Riverbank or UL laboratories, having a
similar construction to the building. The Owner shall also
submit a drawing showing where the hard surface flooring
will be installed is proposed.
d. All written proposals for installation of hard surface
flooring, carpet tiles and accompanying underlayment will
be subject to r view and approval by the Ellington building
e
engineer prior to approval by the board. Proposals that
deviate from commonly recognized standards, brands and
types of underlayment and flooring or combinations
thereof, must be researched and approved by the Ellington
building engineer prior to board approval. The building
engineer will determine the cost of this research. The
homeowner must pay the research cost to the HOA before
final approval by the board. A list of material products
already understood to be acceptable is available from the
Ellington building engineer.
9.2.11.3 Complaints of noise shall be handled as follows:
· If there is a complaint of noise due to the unauthorized
installation of Hard Surface Flooring or carpet tile, the
complainant is obliged to obtain, at his/her own expense, a
rating by an Acoustic Engineer. The respondent shall
cooperate to allow this to take place. If the sound
transmission qualities do not meet the criteria set forth
above the respondent must do whatever is necessary to
rectify the situation and must pay for the testing.
9.2.11.4 Homeowners who have already remodeled and/or installed
hard surface flooring without the required Board
knowledge or approval, or that does not conform to
building codes and building standards must apply for post-
approval by the Board.
Unapproved installation of hard surface flooring or carpet
tile that does not meet Ellington acoustical standards shall
be immediately corrected. Corrective action must include
completion by the owner, of all applications steps for
approval of hard surface flooring as described in Section
9.2.2. This will be done at the unit owner's expense per
oversight and material approval of the Ellington Building
Engineer and Board.
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9.2.12 WORKING HOURS
9.2.12.1 Work and any activity which generates noise is restricted to
between the hours of 8:00 a.m. and 5:00 p.m. Monday
through Friday, unless special arrangements have been
made with the Board of Directors.
9.2.12.2 With the exception of emergency work and minor work
activities no work may be done on Saturday, Sunday and
Holidays. Minor work or activity which generates minimal
noise may be performed on Saturdays, Sundays, and
Holidays between the hours of 10:00 am and 4:00 p.m. This
provision applies only to owners or their tenants, with
owner's written authorization, doing such work or activity
themselves. No work or activity by hired tradesmen will be
permitted. Minor work or activity would include hanging
pictures, installing surface shelves, minor repairs and the
like.
9.2.13 COMPLIANCE
9.2.13.1 The Building Manager is to be given access to the unit to
monitor work progress and at completion of the
construction and/or remodeling project, in order to verify
compliance, and "sign off' on the completion of the
construction process.
9.3 Maintenance of Units and Limited Common Elements (Decks)
9.3.1 Each Owner shall be responsible for the maintenance, repair, or
replacement of any plumbing fixtures, water heaters, fans, heating or
cooling equipment, filters, electrical fixtures, or appliances which are in
the Unit or portions thereof that serve that Unit only.
9.3.2 Each Owner will be responsible for care, maintenance, cleanliness, and
orderliness of the Limited Common Elements that are adjacent or
allocated exclusively to the Unit, except that sweeping and maintenance of
the parking areas shall be the responsibility of the HOA.
9.3.3 Owners may not, however, modify, paint, or otherwise decorate, or in any
way alter their respective Limited Common Elements. The exception to
this is that on a temporary basis, residents may display limited holiday
decorations. See 8.11.1 for detail of limitations and allowance.
9.3.4 Expressions of personal taste visible in the common areas are prohibited.
This includes but is not limited to door wreaths, doormats, door knockers,
furniture or plants.
16 02.27.07
9.3.5 Each residential unit Owner shall, at the Owner's sole expense, keep the
interior of his or her Residential Unit and its equipment, appliances, an
appurtenances in a clean and sanitary condition, free of rodents and pests,
and in good order, condition, and repair and shall do all redecorating and
painting at any time necessary to maintain the good appearance and
condition of the Residential Unit.
9.3.6 Each Owner of a Commercial Unit shall maintain, or cause to be
maintained, the interior of the Commercial Unit in a reasonably clean and
proper condition in accordance with all applicable zoning, building, health
and other statutes, laws, ordinances and governmental rules and
regulations.
10. INTRUSIVE ACTIVITIES
10.1 No owner or resident shall permit anything to be done or kept in a unit, Limited
Common Element or Common Element that would interfere with the quiet
enjoyment of other residents of the Ellington. In particular, sound system
loudspeakers shall not be rigidly attached to the party wall of another Unit or the
ceilings, walls, shelves or cabinets in a Unit in a manner that will induce
vibrations into the structure of the building. Excessive pet noises are considered to
be a violation of this section.
10.2 The daily period from 10:00 p.m. to 7:00 a.m. shall be considered as quiet
courtesy hours. During this period any activity be it from a residential or
commercial unit, which generates noise that unreasonably disturbs another
resident in his or her unit, is prohibited. These activities include, but are not
limited to, vacuuming, playing musical instruments, loud talking or singing, loud
playing of radios, televisions, or stereos, use of certain appliances which can be
sensed outside the unit, and use of power tools.
10.3 The use, possession, or storage of fireworks or other hazardous materials is
prohibited in or about the Building.
11. COSTS AND FEES FOR SERVICES AND FINES to be paid to the HOA with 11.1
being the exception. Any fines or fees incurred by a tenant shall be the ultimate responsibility of
the unit owner.
11.1 Processing Fees to be paid to the Management Co.:
a. Information /documents for sales and/or financing
· RCW 64.34.425, Association Resale Certificate $150.00
· Statement of dues/assessments $10.00
· Association affidavit/certification minimum charge $25.00
Actual charge will reflect on length and complexity of form and will be disclosed
in advance.
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b. Copies (if applicable)
· Declaration with amendments $30.00
· Bylaws with amendments $15.00
· Rules and regulations (email copies are free) $5.00
· Articles of Incorporation $15.00
· Miscellaneous documents (fee plus .10 cents per page) $2.00
c. Minutes and financial reports (annually) $15.00
11.2 Collection Fees
· Late Fees Accruing Fee Structure
Payable whenever a payment is received after the
due date as follows: $25.00 for the first 30 days
late, $50.00 for 60 days late and $75.00 for 90
days and over late. In addition, 1.5% interest shall
be charged to all delinquent accounts at the 60-day
mark. (The Board, in its sole discretion, may
defer dues for a period of three (3) months for a
demonstrated hardship.)
· NSF Fee $25.00
Payable whenever a check is returned dishonored.
· Lender Notification Fee $10.00
Payable whenever a lender requested notification
of a delinquency or delinquencies made in
accordance with the Declaration, or otherwise
issued at the discretion of the Board. Ten-day
notices will be issued when accounts are 45 days
or more delinquent.
· Lien Filing Fee Market
Payable whenever a lien is prepared and filed.
Liens will be filed not less than ten days after a
ten-day notice is sent, except where a unit is being
advertised for sale. In the latter case, liens will be
filed anytime a delinquency exists.
· Attorney Referral Fee $75.00
Payable whenever an account is referred to the
Association's attorney for collection.
· Attorney's Fees, Court Costs And Collection Costs, plus
interest. $200.00 min.
Payable whenever the Association incurs such
18 02.27.07
costs involved in the collection of delinquent
accounts.
11.3 Registration and Processing Fee (Rate effective October 2007)
· A non-refundable Registration and
Processing Fee of $400 is due in
connection with the physical move of any
resident/tenant into an Ellington unit. The
fee must be paid to the HOA prior to
scheduling the move-in. This fee may be
paid directly by a renter. It is the
responsibility of the Unit owner to assure
that this fee is paid in advance of the move.
· Residents who prepaid a move-in/move-
out fee prior to October of 2007 will not be
re-assessed at the current rate. Anyone
who desires to pre-pay the Registration and
Processing Fee in advance, may do so at
any time and be exempt from a future fee
increase.
· Residents who have not paid or pre-paid
the move-in/move-out fee or the
Registration and Processing Fee are
required to pay one-half the current rate at
time of move out.
· This fee does not cover damage to
common areas directly attributed to a
specific move-in or move-out. Fees related
to this type of damage will be assessed
separately.
· Immediate family and/or domestic partners
joining an already registered
owner/resident on a permanent basis are
exempt from the Registration and
Processing Fee. These individuals are still
required to register.
· If the status of a resident changes, i.e., a
renter becomes an owner of the same unit,
a change of ownership requires the
application of the current Registration and
Processing Fee.
19 02.27.07
NOTE: Full HOA services and amenities will not be provided to anyone
not properly registered as a resident with the Ellington Home Owner's
Association.
11.4 Service Fees:
· Prox Card (Regular or Fob) and/or Garage Door Opener Fee $75.00
(Cost of replacement of lost, stolen, or additional
prox cards and/or garage door openers).
Malfunctioning or defective prox cards, fobs or
garage door openers will be replaced at no charge
upon return of the defective items.
Additional prox cards/fobs can be issued for a
deposit of $75.00 each which shall be refundable
upon their return. No more than one additional
prox card/fob shall be issued to any one owner
without the consent of the Board. Tenants may not
be issued additional prox cards or fobs.
· Conference Room Refundable Deposit 0.00
· Club Room Refundable Deposit $300.00
Refundable cleaning and damage deposit payable
at time of reservation, prior to resident's use of the
Club Room.
· Unit Lock Re-key Fee Actual Cost at Market Rate
Units can only be re-keyed by Building
Management. Owners are not permitted to re-key
their units without notice and arrangement with
Building Management (Concierge).
Maintenance and/or Repair (staff time) $75.00
(per hour or actual cost, whichever is greater)
For example, cleaning up messes, repairing
damage, etc. Minimum billing is one hour. The
HOA shall be paid by the owner, any fees incurred
by the resident/owner.
· Attorney's Fees, Court Costs And Associated Costs, plus interest
Payable whenever an Association has to refer an
20 02.27.07
enforcement issue to the attorney for legal action.
11.5 Fines for Violations of Rules and Regulations
Resident Owners will receive:
· a warning letter* for the 1st violation
· a $100 fine for a 2nd violation of the same rule
· a $200 fine for a 3rd and subsequent violation of the same rule
· a $200 fine for speeding in the garage*
*Exceptions to the above are the following safety and welfare violations.
Those listed below result in fines to the resident owner with
NO WARNING LETTER:
4.2, 4.3 related to Exiting/Entering the garage
4.4 Speeding in the garage ($200 fine)
6.2 Unscheduled Moves
6.3 Moving in or out without padded elevator
6.8 Moving bicycles through lobby or into elevators
13.7 violations of trash chute and trash room protocol and improper
disposal of electronic waste
Resident Tenants will receive:
· No warning letters
· a $100 fine for the 1st violation
· a $200 fine for a 2nd and subsequent violation of the same rule
· a $200 fine for speeding in the garage
· The Board of Directors or the managing agent acting on
behalf of the Board of Directors, will issue not more than one
written notice of violation which shall specify the particular
Article of the Declaration or section of the Rules and
Regulations which has been violated. In the event that the
nature of the violation is such, in the reasonable opinion of
the Board or its agent, that it cannot be immediately
corrected, the violator will be given a period of time during
which the violation must be corrected. Failure to correct the
situation o resolve the issue to the satisfaction of the board in
r
this time period shall be considered a second offense and
would be subject to a fine without further written warning.
· Appeals of fines may be appealed only according to the
provisions of the Rules and Regulations. Neither the
21 02.27.07
managing agent nor its employees nor any board member
may waive a fine once it has been imposed.
· These fees are subject to change without prior notice at the
discretion of the Board of Directors. Additional fees are
subject to imposition without prior notice at the discretion of
the Board of Directors.
· Fines must be paid within 30 days of receipt of a Fine Notice
from the Property Management or further late penalties will
be assessed.
· Residents and Owners who wish to appeal a Fine Notice may
initiate an Appeal Process in the following manner:
1) Within 10 days of receipt of a Fine Notice, notify the
Property Management of their intent to appeal the
assessment. Notice must be given in writing via mail or
email:
AND
2) Within 2 months of receipt of the Fine Notice appear
personally during a regularly scheduled HOA Board
meeting, to appeal the assessment. Appeals will be heard
after the regularly scheduled Board Meeting in the
Executive Session. Residents who are appealing fines are
asked to refer to the meeting agenda to verify time.
3) Fines cannot be protested after the 2nd scheduled
Board meeting following the violation notice.
Fine Notices for which no Appeal Process has been
initiated must be paid in full within 30 days of receipt of a
Fine Notice to avoid further late penalties that will be
assessed. Fine Notices, for which an Appeal Process has
been initiated but not concluded within 2 months of the
receipt of the Fine Notice, must be paid in full unless
otherwise indicated by the Board of Directors.
11.6 These COSTS AND FEES FOR SERVICES AND FINES are subject to
change and/or additions without prior notice at the discretion of the Board
of Directors.
11.7 ALL ASSESSMENTS INCLUDING THE ABOVE FEES AND FINES
SHALL BEAR INTEREST AT THE RATE OF 12% PER ANNUM
22 02.27.07
COMPOUNDED MONTHLY AND WILL BE POSTED TO ANY
ACCOUNT WITH BALANCES 30 DAYS PAST DUE.
12. USAGE OF COMMON ELEMENTS
12.1 Common Elements consist of all portions of the condominium except the units.
This includes but is not limited to halls, entryways, elevators, stairways,
stairwells, garage, driveway, the North Tower conference Room, exercise room,
spa, shower and rest rooms, Club Room and adjacent terraces. (See the
Condominium Act and the Ellington Declaration for complete descriptions of
"Common Elements" and "Limited Common Elements").
12.1.1 The provisions of this section apply to the usage of all common elements
including limited common elements allocated to all residential units and
limited common elements allocated to particular residential units or to
commercial units unless specifically exempted in the association
declaration; bylaws, articles of incorporation or elsewhere in these rules
and regulations.
12.2 General Requirements
12.2.1 No use or activity may unreasonably infringe on another resident's
right or ability to use the common elements or amenities.
12.2.2 No personal property or expressions of personal taste may be placed
or stored in any common element, except with the express written
permission of the Board. Nothing may be stored or placed in any
common elements. No bicycles, baby carriages, doormats, pet
carriers, umbrella stands, or other personal effects are to be stored or
kept in halls, doorways, stairways, garage, storage areas, elevators or
other public areas. Changes to the decor of the common elements may
be initiated and carried out by action of the Ellington Board.
Doors to units are common elements and may not be changed,
painted, or decorated in any way, except as permitted by Section
9.3.3.
12.2.3 All common elements usage shall be consistent with the intended use
of that area, as determined by the Board in its sole discretion.
12.2.4 Dust mops, rugs, table clothes and clothing shall not be shaken,
cleaned or left in any of the common elements or from any window,
door, balcony, or landing.
12.2.5 Use of music, radios, televisions, etc., in common elements or
facilities are allowed only to the extent it does not disturb other
residents. Such devices shall be lowered in volume or turned off, upon
reasonable request.
23 02.27.07
12.2.6 Smoking is not allowed in any common elements, including the
garage with the exception of the terrace adjacent to the Club Room.
Smoking is permitted in residential units.
12.2.7 Food and beverages are not allowed in common elements except as
permitted in Club Room, Conference Room, courtyard and terrace
adjacent to the Club Room. Beverage only is permitted in the
Exercise Room. Food is prohibited in the Exercise Room.
12.2.9 Footwear shall be worn at all times in the common elements except in
the spa areas.
12.2.8 Cover-ups shall be worn at all times between the spa and units.
12.2.10 No breakable containers are allowed on the terraces or in the spa.
12.2.11 Please advise building staff of any spills in common elements so they
can be dealt with immediately.
12.2.12 Nudity is prohibited, and appropriate clothing is required at all times
in the common elements.
12.2.13 No owner shall permit anything to be done or kept in the Owner's
unit, Limited Common Element or Common Elements that would
interfere with the quiet enjoyment of other residents of the Ellington.
Littering is prohibited.
12.2.14 Should a homeowner or tenant's unpaid Homeowner's dues,
assessments or fines be more than 90 (ninety) days delinquent, the
privileges of the Homeowner and their tenants to the following
common areas will be suspended until their obligations to the HOA
have been settled:
1) use/reserving the Club Room and Deck
2) Use/Reserving the Guest Suites
3) Using the Gym/Spa area
4) Using the free Business Center services (PC & laptop hookup)
5) Use of concierge services other than those duties of the
Concierge, which relate to the safety and security of the building.
12.3 Fire Regulations
12.3.1 Fire doors must remain closed at all times; this includes elevators. This is
particularly important in regard to exit stairways.
24 02.27.07
12.3.2 Anyone found tampering with the fire equipment (extinguishers,
automatic sprinklers, alarms or door closer) will be subject to arrest and
prosecution by the appropriate authorities.
12.3.3 No storage or accumulation of material is allowed in ANY area of the
building, including units, which may constitute a fire hazard, increase the
rate of insurance, cause cancellation of insurance or violate any law,
ordinance, regulation or rule of the City of Seattle and/or State of
Washington.
12.3.4 In the event of fire, elevators are not to be used. Exit the building by stair
entrances, which are clearly marked with lighted Exit signs on each floor.
All residents are required to follow prior written as well as voice
instructions of the building Fire Director and Fire Department personnel.
It is recommended that residents participate in fire protection
familiarization programs; including fire drills when, such programs are
scheduled by the Building Fire Director.
12.3.5 It is possible to accidentally strike, or in some manner, cause a sprinkler
head to activate and produce substantial water damage. If this should
occur, immediately notify the concierge or security staff at the front desk.
The damage can be reduced by closing the sprinkler valves for your area,
located in the north and south exit stairways on your floor. Please become
familiar with the method of shutting the valves by visual inspection only.
Alarm will sound if any part of the mechanism is moved. NOTE: In case
of fire, wait for the Fire Department to execute the shutoff. In either case,
the Fire Department will be automatically notified and will respond.
13. USE OF LIMITED COMMON ELEMENTS ALLOCATED TO ALL
RESIDENTIAL UNITS
13.1 General Requirements
13.1.1 Refer to the Ellington Declaration for a description of "Lim