THE TECUMSEH CONDOMINIUM RULES AND REGULATIONS Effective October 26, 2016 (Includes Security-related Changes to Rules 1.1, 4.2 effective as of this date) Introduction TABLE OF CONTENTS 1. Condominium 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 Security Parking Move-in and Out Procedures Residential Use Only Leasing of Units Maintaining Heat in Units During Cold Weather Insurance and Responsibility for Damage Right of First Refusal on Resale of Units Private Parties: Use of Lobby, Marina Deck or Swimming Pool Repairs and Other Services Renovations and Outside Contractors Signs Elevators Laundry Facilities and Garbage/Trash Removal Draperies, Canopies, Awnings and Exterior Shades Balconies Grills Pets Children’s Safety Firewood Feeding of Birds, Waterfowl or Other Animals Prohibited Fire Lanes and East Loading/Unloading Area Bicycle and Sail Storage Boat Trailer Storage Stairwell Storage Units 2.1 2.2 2.3 2.4 Hours of Operation Contractor Staffing Pool Rules and Regulations Application for Private Pool Party 3.1 3.2 Policy Marina Slip Application Schedule & Procedures 2. Swimming Pool 3. Marina 2 3.3 3.4 3.5 Calculation of Slip Fees and Utility Charges Slip Assignment Priority Marina Rules and Regulations 4.1 4.2 Maintenance Fees and Special Assessments Special Fees and Amounts for Fines 4. Financial Matters Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Move-In and Out Authorization Guest Vehicle Registration Private Parties: Lobby/Marina Deck/Swimming Pool Bicycle and Sail Storage Renovation Guidelines Application for Marina Mooring Usage & Occupancy Certificate Marina Usage Agreement Guest Slip Reservation and Agreement Small Boat and Trailer Storage 3 RULES AND REGULATIONS In accordance with the authority set forth in the Maryland Condominium Act Section 11111, the Board of Directors hereby adopts the following Rules and Regulations effective July 28, 2015. Said Rules and Regulations shall supersede and replace all Rules and Regulations previously adopted and shall apply to all unit owners, residents, tenant, employees, agents, and guests. The Rules and Regulations supplement the Tecumseh Bylaws, Master Deed and the Maryland Condominium Act. In case of conflict between the wording of the Rules and Regulations and the other documents, the Tecumseh By-laws, Master Deed and the Maryland Condominium Act will prevail. The Board of Directors will enforce the Rules and Regulations. The process for making changes to these rules and regulations is specified in the Maryland Condominium Act, Section 11-111 and the major steps are summarized below: A copy of the proposed change, with its proposed effective date, is provided to all owners at least 15 days prior to the date of a meeting at which the board votes on the proposed change. The proposed change is provided with a notice that the owners may attend the meeting and/or are permitted to submit written comments on the proposed change to the board. The board votes to pass the proposed change at the scheduled regular or special meeting. The board’s vote to adopt the rule is final unless a petition signed by at least 15 percent of the owners is submitted, within 15 days after the vote, to the board calling for a special meeting of the owners at which the proposed change can be disapproved by a majority of all owners. The purpose of the Rules and Regulations is to protect the architectural integrity of the condominium and promote harmony within the owner’s association. In addition, they are designed to enhance the safety and welfare of all residents and to maintain an acceptable quality of life. The Tecumseh occupies a special place within the Annapolis community and observance of these Rules and Regulations will keep the Tecumseh an attractive, orderly and desirable place to own and reside. INTRODUCTION The Tecumseh Condominium is located at 312 Severn Avenue, Annapolis, Maryland. It consists of two wings each containing 36 individual units, and three townhouses on Fourth Street in Annapolis. In addition, the condominium includes a marina, and swimming pool. The complete legal description is provided in the Master Deed along with a description of 4 the common elements and limited common elements. Parking is provided across the street in the lot located at 309 Severn Ave in Annapolis The Tecumseh staff includes a Condominium Manager, Maintenance Technician and Custodian. These employees work under the authority and management of the Board of Directors. The staff is responsible for the daily operations and maintenance of the Tecumseh; and, staff members are not authorized to perform work for individual unit owners during their normal work hours. However, staff members may perform services while in an off-duty status. Any arrangements for these services shall be strictly between individual unit owners and the appropriate staff member. As an owner, you are responsible for complying and adhering to the policies set forth in these Rules and Regulations, the Tecumseh By-laws, the Master Deed and the Maryland Condominium Act. Also, as an owner-landlord you are fully responsible for the actions of your tenants and any financial obligation they may incur while residing at the Tecumseh. The Tecumseh observes a NO SMOKOING policy in the general common elements to include the lobby, hallways, stairwells, elevators, and swimming pool. The names are current members of the Board of Directors are posted in the lobby mailroom. The current minutes from the most recent meeting of the Board of Directors is also posted in the mailroom. If you have any questions, problems or suggestions, please contact the office at 410 268 7873. 1. CONDOMINIUM RULES AND REGULATIONS 1.1 SECURITY (Effective October 26, 2016) Tecumseh provides two levels of basic security for the safety of co-owners and residents – control over access to the main building lobby and walk-up unit vestibules, and control over access to individual units. In addition, working copies of all unit door keys are kept in the Office, so there are special Rules governing access to the Office. Finally, in order to enable rapid response to multi-unit fire and other emergencies, and to provide centralized extermination and other services, a small number of tightly controlled master keys are also kept in the Office. 1.1.1 LOBBY KEYS AND ACCESS Doors to the Tecumseh lobby and walkup unit vestibules are kept locked at all times for safety. The Condo Manager may issue each unit owner up to five keys to these doors upon receipt of a $25.00 per key deposit; additional keys may be issued on the same terms if approved by the Board of Directors. These keys are serialized and unique to Tecumseh, and cannot be duplicated except by a professional locksmith. Unit owners who rent their units are responsible for issuing lobby keys to their tenants. Broken keys will be replaced at no charge when they are returned to the Office. Lost keys may be replaced, but the deposit will be forfeited and a new deposit will be required. 1.1.2 INDIVIDUAL UNIT KEYS AND ACCESS Individual keys to unit doors are unique to that unit. The lock in the door handle is maintained by Tecumseh, and is keyed to a strictly 5 controlled master key which is kept in a safe in the Office. Most units have a second, deadbolt lock installed and maintained at owner expense. These deadbolt locks are keyed to a second, different master key, also kept in the Office. For more information on master keys and key management, see §1.1.4. As specified in §604 of the Tecumseh By-Laws, owners are required to provide the Office with working copies of all individual unit keys. Other than those copies, owners are responsible for all unit keys, including those provided to tenants who rent their unit. Any changes to unit locks or individual unit keys must be coordinated with the Office. Only authorized staff personnel and designated currently-serving Board members are allowed to enter unoccupied units. Staff members will normally do so only in case of emergency, or for scheduled and announced maintenance activities such as exterminator service and checking heating systems for absent owners during cold-weather months. Board members (in pairs when possible) will normally do so only in emergency situations when staff members are not on site, such as suspected fires, frozen pipes, malfunctioning water heaters or HVAC units, etc. Except for scheduled maintenance activities by staff members, anyone entering an unoccupied unit will leave a notice indicating who entered the unit, when, and why. If authorized staff or Board members are available, they may provide owners and residents who lock themselves out with access to their unit. If they are not known personally, they may be asked to show identification, and as indicated in §4.2, a lock-out fee will be charged. 1.1.3 TECUMSEH OFFICE KEYS AND ACCESS Keys to the Tecumseh Office are issued only to authorized staff members and designated currently-serving Board members. These keys are serialized and unique to Tecumseh, and cannot be duplicated. Board members will normally enter the Office when the Manager is not present only for authorized activities, such as signing checks, or in response to an emergency. Office keys will be recalled and reissued whenever staff or Board membership changes occur. 1.1.4 MASTER KEYS AND KEY MANAGEMENT Master keys are necessary to enable authorized Tecumseh personnel to access individual units for Tecumseh-related business such as providing exterminator service, tracking leaks and investigating alarms. In addition, they are needed to enable Fire Department personnel and others to respond to emergencies, such as fires, leaks, frozen pipes, etc. Master keys are serialized and unique to Tecumseh, and cannot be duplicated. Backup copies of individual unit keys are kept in a locked key cabinet in the Tecumseh Office. The key to this cabinet, along with all master keys and extra Office keys, are kept in a separate secured safe. Only the Condo Manager and designated currently-serving Board members have the combination to this safe; the combination is changed whenever Board membership or staff changes occur. Anyone with access to this safe must agree in writing to log all activity involving either the safe or the key cabinet – when and by whom keys 6 were checked out and back in, the unit(s) involved, and the reason access to these unoccupied units was required. In case of extreme emergency, one copy of the two unit master keys is stored outside the Office in a locked container. This container is accessible only by the Annapolis Fire Department. 1.2 PARKING (Effective February 23, 2016) The Tecumseh parking lot is intended for the use of resident unit owners and tenants, and on a limited basis, their guests. Vehicle access to the Tecumseh parking lot is controlled by keycards issued to unit owners by the Manager. In addition, each vehicle authorized to park in the lot is issued a parking sticker. Special rules apply to guest and other vehicles given extended temporary access to the parking lot. 1.2.1 PARKING KEYCARDS The owner of each unit may be issued a maximum of four keycards. Unit owners having fewer than four cards may purchase additional ones up to the four-per-unit maximum for $75.00 each. Owners choosing to rent their units are responsible for providing parking keycard(s) to their tenants. Tenants must obtain a parking sticker from the Manager for any vehicle to be parked in the lot. At that time, any keycard held by the tenant will be associated in Tecumseh records with the vehicle and the tenant. It is suggested that owners require a $75.00 deposit from tenants for each card to help insure that they return them when they move out. When a unit is sold, any parking keycards issued for that unit must be turned over to the new owner and re-registered by the new owner with the Manager within one week of the closing date. When a tenant moves out, the unit owner must retrieve any card(s) held by the tenant and re-register them within one week of the move-out date. Any keycards not properly re-registered will be deactivated and will be replaced only on payment of a $75.00 fee. Damaged keycards returned to the Manager will be replaced for a fee of $25.00. Lost keycards will be replaced for a fee of $75.00. Any lost or damaged cards replaced this way will be deactivated. 1.2.2 PARKING STICKERS In order to indicate authorization to park in the lot, a vehicle must display a Tecumseh parking sticker on the driver’s side rear window. To qualify for a sticker, a vehicle must be owned by a unit owner or resident tenant. Exceptions may be made at the Manager’s discretion in cases such as a resident who drives a vehicle owned by an employer or relative. To obtain a sticker, the owner or tenant must record the vehicle registration and license information with the Manager. If the owner or tenant disposes of a vehicle, obtains a new one or replaces an existing one, the Manager must be notified of the change in writing so records can be updated and new stickers issued as needed. 7 1.2.3 GUEST AND TEMPORARY PARKING Owners or tenants may provide temporary access to the parking lot for guest vehicles, including contractor and short-term rental vehicles. If the vehicle will be in the parking lot overnight or longer, a Guest Parking Pass must be filled out and displayed on the dashboard, and the corresponding Guest Vehicle Parking Info sheet given to the Manager; see Appendix B. In case there’s an emergency, it is critically important that the information on the Guest Pass be readable from outside the vehicle, and that the contact phone number be reachable during the entire time the guest vehicle is in the parking lot. To avoid overcrowding, owners and tenants are urged to limit the number of guest vehicles admitted to the parking lot. Abuse of this rule may result in requests to remove guest vehicles if space is not available for residents, or, in extreme cases, in guest vehicles being towed. 1.2.4 GENERAL Only vehicles with current registration and license plates may be parked in the parking lot. No inoperable, unlicensed or abandoned vehicles may be parked or stored on the property. Any such vehicles will be removed from the parking lot at the vehicle owner’s expense. Any vehicle parked in the parking lot for an extended period (overnight or longer) without displaying a valid Tecumseh parking sticker (see §1.2.2) or a valid Guest Pass on the dashboard (see §1.2.3) is subject to being towed at the vehicle owner’s expense. All vehicles must be parked within marked spaces if possible. If no empty spaces are available, vehicles may be parked in non-designated areas provided this will not block other vehicles. A vehicle parked this way must be moved to a designated parking space as soon as possible after one becomes available. The parking lot is not intended for long-term storage of vehicles. Residents expecting to be out of the area for an extended period should park their vehicles in the far corners of the lot and let the Manager know when they expect to return. It is advisable to leave an extra key and contact phone number with the Manager in case of an emergency that requires moving the vehicle. 1.3 MOVE-IN AND OUT PROCEDURES All moves must be coordinated with the Manager and made through the east and west wing alley doors, not through the main lobby entrance. Moves may be made during the hours of 8:30 AM to 5:00 PM – Monday through Friday excluding holidays. These procedures are designed to minimize the inconvenience and disturbance to other residents as well as minimize damage to common elements. Residents are liable for any damage to walls, floors, elevators or other common elements. The Tecumseh staff will provide pads to protect walls of the elevator during moves. 8 It is the responsibility of new residents to dispose of packing crates, boxes, etc. These items should be flattened and taken to the dumpster located in the parking lot. They may not be left in trash rooms, laundry rooms, or in the hallways, as they constitute a fire hazard and an inconvenience to other residents. Leasing co-owners (landlords) must obtain authorization from the Manager for their tenants to move-in or out by filling out the “Move-In/Out Authorization” provided as Appendix A. The form must be submitted to the Tecumseh office at least 48 hours prior to the move-in with a fee of $125.00 for each tenant move-in. 1.4 RESIDENTIAL USE ONLY In accordance with the authority granted in Section 603 of the Tecumseh By-laws the Board of Directors has determined that the Tecumseh is limited to residential use only. Accordingly, owners shall not permit any nuisance to take place, nor permit any use or practice that is the source of annoyance to other residents. Units shall not be used in any manner that violates any zoning ordinance or rule or regulation of any governmental agency having jurisdiction over the operation of the condominium. 1.5 LEASING OF UNITS In accordance with the Tecumseh By-laws Section 701, Leasing of Units, co-owners have the right to lease units for a minimum rental period of three months. The leasing co-owner shall be fully responsible for the deeds and actions of his lessee and lessee’s guests, which occur on, or affect the Tecumseh Condominium property or which may affect any other co-owner or resident. No sub-leasing by the original lessee shall be permitted. Leasing co-owners are required to provide the Tecumseh Manager with an executed copy of the lease and make arrangements for the move-in for their respective tenants. See Section 1.3 above. The leasing co-owner is also responsible for ensuring the new tenant contacts the Tecumseh office to provide contact information to the Tecumseh Manager and to complete the “Welcome to Tecumseh” packet. Leasing co-owners are responsible for providing their tenants with lobby door keys and parking lot access keycards. In addition, they must insure the tenants comply with the Tecumseh Rules and Regulations, Tecumseh By-laws, the Master Deed and the Maryland Condominium Act. 1.6 MAINTAINING HEAT IN UNITS DURING COLD WEATHER In order to prevent water pipes from freezing, cracking and causing damage when they thaw, units must be kept at a minimum temperature of 55 degrees in cold weather. If it is known that a unit will be vacant for more than three days during cold weather, kitchen and bath cabinet doors that access water pipes should be left open to allow warm air to circulate around the pipes. 1.7 INSURANCE AND RESPONSIBILITY FOR DAMAGE In accordance with Section 601-L of the Tecumseh By-laws owners are required to provide proof of liability insurance coverage of not less than $300,000.00 to the Council of Co-Owners. Owners are requested to ensure proof of insurance coverage is on file in the Tecumseh office. In addition, owners are responsible for up to $5,000.00 for any damages that originate from within an owner’s 9 unit. Owners should review their Homeowner’s Insurance Policy to make certain they are adequately insured for this and improvements, betterments and personal items. All owners and tenants are urged to keep their units and all mechanical equipment therein in good working order to prevent damage to either within or outside of their units. In this regard, heating and air conditioning unit filters should be checked and cleaned or changed regularly. HVAC condensate limes and refrigerator drip pans should be cleaned regularly. Washing machine hoses should be replaced before they dry rot; and, hot water heaters should be checked regularly and replaced every ten years or as needed. In short, care should be taken to prevent damage, and to minimize any expense you may incur as a result, whether or not it is covered by insurance. 1.8 RIGHT OF FIRST REFUSAL ON RESALE OF UNITS Owners who are placing their units on the resale market for resale are reminded of Section 700 of the Tecumseh By-laws which requires them to give written disclosure to the Board of Directors within 15 days of receipt of a bona fide offer to purchase their unit. The purpose of this disclosure is to allow remaining co-owners the right to exercise the right of first refusal by purchasing the unit upon the same terms and conditions set forth in the offer. There is no fee associated with the Tecumseh office sending out a notice of a pending sale to other owners. The seller must pay a fee of $150.00 for the Tecumseh to furnish documents and information required by the Condominium Resale Notice, an addendum that is attached to all sales contracts for condominium units. In addition, the purchaser must pay a fee of $150.00 for the Tecumseh to prepare information a mortgage company may need to process a loan application. The Tecumseh reserves the right to increase this fee by a reasonable amount if the mortgage company needs an inordinate amount of information that requires extra effort. 1.9 PRIVATE PARTIES: USE OF LOBBY, MARINA DECK OR SWIMMING POOL The lobby, the adjacent fully equipped kitchen, the marina deck, and the swimming pool are available for private parties. Approval of these facilities may be obtained by submitting a completed Lobby/Marina Deck/Swimming Pool Use application, available as Appendix C, to the Manager. There is a $50.00 non-refundable fee and a $200.00 damage/cleaning deposit required at the time of application. All applications for private parties should be submitted at least 10 days in advance of the planned event. It is noted that use of the swimming pool requires coordination with the pool management company and hiring a lifeguard. Appendix C-1 may be used for this purpose and it must be submitted to our pool management company at least 7 days in advance of the planned party. Applications for pool parties may require additional fees for the lifeguard, etc. 1.10 REPAIRS OR OTHER SERVICES All residents are encouraged to communicate, in a timely fashion, with the Tecumseh office to report any concerns or items needing attention. 10 All requests for repairs of damage to individual units caused by deficient common elements should be addressed in writing to the Manager. The Tecumseh office needs details of the damage in order to keep proper records and to initiate corrective action. Residents are advised that mail or packages that are too large for the individual lobby mailbox will be placed on the counter or the floor in the lobby mailroom. The Tecumseh does not assume responsibility for these items. All deliveries of bulk and/or large items must be through the east and west alley doors, not the front door. If special attention is required you may notify the Manager at 410 268 7873. 1.11 RENOVATIONS AND OUTSIDE CONTRACTORS Renovations or changes to common areas, limited common areas, and private units including windows and doors involving wiring, plumbing or heating/cooling systems may be made upon written approval of a request made to the Board of Directors. To facilitate evaluation, the request should include specifications, sketches, and a detailed description of the changes to be made. Upon approval, it is the responsibility of the unit owner to obtain any required permits prior to the start of work. Renovation Guidelines (Appendix E) have been prepared to assist you in successfully completing any project. You and any contractors working with you on the project must follow these guidelines. The Manager can provide you with additional information. Owners shall inform the Manager in advance when any construction workers, painters, installers, appliance delivery or other workers will be in the Tecumseh to work in individual units. This will allow the Manager to make appropriate preparations depending on the scope of work such as parking, loading and unloading materials, protecting elevators and floors, storage of materials and proper security of outside doors and gates among other things. The unit owner shall pay a $250.00 damage deposit to the Tecumseh prior to commencing any work. The deposit, or a portion thereof, will be returned to the owner after the Tecumseh staff determines if any common element was damaged and the appropriate deduction was made. The damage deposit does not limit liability of the owner from damages that exceed the deposit. Owners should inform their workers and tenants of this rule. 1.12 SIGNS Owners and tenants may not display any sign, including “FOR RENT” or “FOR SALE” signs, or commercial advertising on any general or limited common element or individual unit, with the exception of the open bulletin board located in the lobby mailroom. The prohibition applies to “FOR SALE” signs on vehicles in the Tecumseh parking lot and boats in the Tecumseh marina. 1.13 ELEVATORS One elevator is located in each wing and they are used extensively. Any malfunction should be immediately reported to the Tecumseh office or a board member. Smoking is prohibited in the elevators. In case of fire or malfunction, the elevator is 11 designed to automatically go to the ground floor, open its doors and stop working. Do not use elevators if there is a fire. 1.14 LAUNDRY FACILITIES AND GARBAGE/TRASH ROOMS Laundry facilities are located on the third floor of each wing for the exclusive use of residents. They are equipped with two coin operated washers and dryers each. Residents should remove clothing from washers and dryers promptly, or provide a basket for their clothing, so that the next person using the laundry is not inconvenienced. The Tecumseh staff maintains the rooms; and, residents are requested to leave the room and equipment in a clean and orderly condition after each use. In addition, washer doors should be left open after each use to prevent mildew. Any malfunctions should be reported to the Manager. Trash chutes are located on the third and fourth floors of each wing. Unit garbage disposals should be used as little as possible to avoid introducing food waste into the condominium plumbing system. All trash and other garbage placed in the trash chutes must be put in sealed plastic bags that will not clog the chute. All glass and other recyclable items are to be placed into the recycle containers, and newspapers and magazines should be stacked in the bins provided for this purpose. 1.15 DRAPERIES, CANOPIES, AWNINGS OR EXTERIOR SHADES In order to provide for an attractive, uniform appearance of the Tecumseh exterior, all draperies/window treatments installed in the units must be limed with white or off-white material. Similarly, no new canopies, awnings, or exterior shades shall be installed outside of a unit without the written permission of the Board of Directors. 1.16 BALCONIES All balconies must be maintained in a neat and attractive manner. Towels, wet bathing suits and other unattractive items should not be hung out to dry. Bicycles, ice chests, crab pots or other such things that would detract from a neat appearance should not be stored on balconies. Residents may place patio furniture, small mats, potted plants and hanging baskets on balconies. Care should be taken not to damage the concrete surface. Due to the narrow width of the fourth floor balconies, and the possibility of damaging the membrane on them, nothing at all may be placed on them nor is anyone allowed to sit or stand on these balconies. When cleaning balconies do not sweep dirt, nor shake mats or dust mops, nor allow water to drip over the edge. 1.17 GRILLS Fire regulations prohibit open flames within 15 feet of any structure. Accordingly, the use of charcoal or gas grills is prohibited except for the Tecumseh owned propane grill on the west marina deck. Electric grills may be used on balconies when operated a safe distance from the building and only when smoke from the grill does not become a nuisance to other residents. Electric grills may be used on the concrete deck of the inner marina provided they are constantly attended while in use. 12 1.18 PETS Owners are allowed to keep up to two dogs or cats in their units. Additional dogs or cats, and other pets, can be kept only with permission of the Board of Directors. Pets outside of units shall be kept under the control of a responsible person at all times. Owners are responsible for picking up animal waste and for any damage caused by their pets to the Tecumseh or the property of others. Failure to pick up waste subjects the owner to a $15.00 fine. Tenants are not allowed to keep pets in the Tecumseh. 1.19 CHILDREN’S SAFETY Children must be supervised by a responsible person so not to be a concern for the staff or other residents. For their safety, children are not allowed to run or play on the marina dock areas, hallways, stairwells or elevators. 1.20 FIREWOOD Small amounts of firewood may be stored on the inner marina deck, in areas designated by the Manager, beginning on September 15 of each year. Due to the limited amount of available storage space the Manager will grant permission to store firewood on a first come, first served basis. Firewood must be removed from the inner marina deck no later than May 1 each year. 1.21 FEEDING OF BIRDS, WATERFOWL OR OTHER ANIMALS PROHIBITED Feeding of birds, waterfowl, or other wild animals (including feral cats) from the balconies, marina or parking lot or other common areas is prohibited. Violators are subject to a fine of $25.00. 1.22 FIRE LANES AND EAST LOADING/UNLOADING AREA The area inside the security gates to the east and west fire lanes may be used for washing vehicles and loading and unloading vehicles for short periods of time. Vehicles may not go beyond the painted, double yellow lines on the fire lanes. Vehicles in the fire lanes must be attended at all times and the keys shall be left in the ignition in the event of an emergency. The east fire lane area on the street side of the security gate may be used for loading and unloading vehicles under the following conditions: - Vehicles may remain in the area only as long as needed to load or unload into the lobby - Vehicles must be removed immediately after loading or unloading - Tecumseh owned cars used for loading/unloading must be returned to the lobby 1.23 BICYCLE AND SAIL STORAGE The bicycle storage cage is located in the east inner marina area. The Manager will specific storage space on a space available basis to resident owners, tenants, and non-resident owners, in that order, upon approval of the Bicycle or Sail Storage Form provided by Appendix D. Bicycle owners will be issued an ID tag that must be attached under the bicycle seat. Abandoned or unidentified bicycles may be removed and discarded by Tecumseh management. The annual fee to store a bicycle is $75.00. 13 A limited number of sails in bags may be sored in the cage upon approval of the Bicycle or Sail Storage form (Appendix D). Sail bags must be clearly marked and the bags must be tied to the fence, well above the floor, and not interfere with access to bicycles. 1.24 BOAT TRAILER STORAGE Boat trailers may be stored in the Tecumseh parking lot provided space is available and the application to store is approved by the Manager. A Dingy, Kayak or Boat Trailer Storage application is available as Appendix F. There is limited boat trailer storage space and owners have priority over tenants for the space. The boat trailer storage fee is $300.00 per year payable in advance. No refunds will be made. Permission to store boat trailers may be revoked at a future date if there is insufficient parking for private vehicles. 1.25 STAIRWELL STORAGE UNITS There are four storage units available for lease to coowners. They are located in the electric meter rooms off the 2nd and 5th floor landings of the east and west street side stairwells. The Manager will execute storage leases with coowners when vacancies occur. The annual rental fees are indicated below with quarterly payments authorized: 5th floor units 2nd floor units $1200.00 $1000.00 When a storage unit becomes vacant the Board of Directors will assign the storage unit to an interested Tecumseh owner as a leaseholder, provided that no more than one storage unit can be assigned to an owner. In the event there is more than one interested owner, the storage unit will be assigned based on a lottery among interested owners. The storage unit will remain available for lease as long as the leaseholder keeps the lease current and remains an owner at The Tecumseh. 2. SWIMMING POOL 2.1 OPERATION The swimming pool is normally open from the Memorial Day weekend through the Labor Day weekend. The Board of Directors may continue the pool operation for one or more weekends during September. HOURS: Normal pool hours are: Monday through Friday 12:00 noon to 8:00 PM Saturdays, Sundays and holidays: 11:00 AM to 7:00 PM The Board of Directors may change these hours, and the days and hours of operation will be posted on the pool bulletin board. 2.2 CONTRACTOR STAFFING The Tecumseh contracts with a pool management company to maintain the pool and provide lifeguard services. All owners, their family members, residents, and guests are eligible to use the pool subject to the pool rules and regulations provided in Section 2.3. 14 2.3 POOL RULES AND REGULATIONS • Pool and pool deck area may not be used unless a lifeguard is on duty • Guests may use the pool only when the host is present. (Immediate family members and houseguests are not considered to be guests for this purpose). • All users must register with the lifeguard by completing the user log • Infants and children who are not yet toilet trained must have a clean, close fitting diaper with a plastic outer covering or disposal swim diapers while in the pool. • Children must pass the lifeguard’s swim test or be accompanied by an adult. • No running, horseplay or ball playing is permitted. • Rowdiness is not condoned. Violators may lose pool privileges with the consent of the Board of Directors. • The lifeguard will close the pool during electrical storms and no swimming is allowed. • The lifeguard may designate adult swim periods if the pool is crowded. • A float line is available to separate the deep end and shallow end. When authorized by the lifeguard, this line may be removed for swimming laps. • Small floating toys and larger floats may be used in the pool but must be removed when the pool is crowded. Glass faced swim masks may not be used. • Radios, tape players, etc are not allowed on the pool deck unless equipped and used with earphones. • Pets are not permitted in the pool or on the pool deck. • NO GLASS CONTAINERS ARE ALLOWED ON THE POOL DECK • Food may be taken to the pool but must be kept at the tables. Tables must be cleared and cleaned up when finished eating. Crabs may not be consumed at the pool. • Table umbrellas should be lowered when not in use and during windy periods • NO SMOKIMG is allowed in the pool area. • Proper swimwear must be worn in the pool. Cut-offs are not allowed. • All users must comply with the Public Health Rules that are available from the lifeguard. • The telephone on the pool deck is for EMERGENCY USE ONLY by the lifeguard. • The lifeguard has final authority during pool hours in matters pertaining to pool usage • Towels should be used on pool furniture to minimize the effects of suntan lotion, chlorine, etc. • Do not place personal belongings on the pool perimeter walkway. This walkway is reserved for the lifeguard. • Swimming or being on the pool deck after hours without an authorized lifeguard on duty shall be cause for immediate suspension of all pool privileges for the remainder of the season and a possible fine. 2.4 APPLICATION FOR PRIVATE POOL PARTY Owners and tenants may host private pool parties after normal hours of operation with the approval of the Board of Directors and 15 hiring a lifeguard from the Tecumseh’s pool management company. Appendices C and C-1 are used for requesting permission to hold a private pool party. The forms must be submitted to the Manager at least 10 days in advance of the planned event in order to allow sufficient time to process the request and coordinate with the pool management company. As noted on the application, pool parties must end no later than 11:00 PM. The person hosting the party is responsible for the immediate cleanup of the area after the party. The host shall be fully responsible for the conduct of guests and for providing access and egress to the Tecumseh and the pool. 3. MARINA 3.1 POLICY The marina is a general common element of the condominium and as such it is for the exclusive use of the Tecumseh unit owners and tenants, their families and guests. The marina is under the general direction and control of the Tecumseh Board of Directors. The board may assign a Marina Manager to assist in managing the marina. In addition, the Condominium Manager is responsible for ensuring certain administrative actions involving the marina are completed. Any boat berthed at the Tecumseh marina immediately comes under the jurisdiction of the Board of Directors. All boats shall be berthed where directed by the Board of Directors/Marina Manager. No boat may be berthed in the marina without specific authorization from the Board of Directors/Marina Manager, except for guest boats that are properly registered with the Condo Manager. Only pleasure boats may be berthed in the Tecumseh marina. Commercial boats and charter boats are specifically prohibited. A unit owner(s) must own the boat with at least a 50% ownership in the boat, or a tenant with a 100% ownership interest in the boat. The Board of Directors/Marina Manager will assign slips on an annual basis, based on the priority stated in Section 3.4. Once an assignment is made for a given year, a boat shall not be displaced form the marina except for violations of the Rules and Regulations, or as otherwise set forth herein. The term for slip assignments, relevant charges, and responsibilities is April 1 of one year to March 31 of the next year (the “marina year”). Marina slip charges are based on boat length or slip length, whichever is greater. No owner has an outright entitlement to a specific slip. Owners are only entitled to footage in the marina, based on their percentage interest in the condominium assigned to their unit in the Master Deed and such slips that may be available at a given time. 16 The footage entitlement is the marina for each unit is obtained from Section 702 of the Master Deed and is displayed in the following table: Unit Number E100 E101 E102 E103 E104 E105 E106 E107 E300 E301 E302 E303 E304 E305 E306 E307 E308 E309 E310 E311 E312 E313 E400 E401 E402 Entitlement 22’ 20’ 20’ 20’ 20’ 20’ 22’ 22’ 28’ 11’ 28’ 11’ 29’ 11’ 29’ 11’ 29’ 11’ 30’ 12’ 43’ 43’ 19’ 20’ 19’ Unit Number E403 E404 E405 E406 E407 E408 E409 E410 E411 E412 E413 TH1 TH2 TH3 W100 W101 W102 W103 W104 W105 W106 W107 W300 W301 W302 Entitlement 20’ 19’ 20’ 19’ 20’ 19’ 20’ 19’ 20’ 37’ 37’ 40’ 40’ 40’ 22’ 20’ 20’ 20’ 20’ 20’ 22’ 22’ 28’ 11’ 28’ Unit Number W303 W304 W305 W306 W307 W308 W309 W310 W311 W312 W313 W400 W401 W402 W403 W404 W405 W406 W407 W408 W409 W410 W411 W412 W413 Entitlement 11’ 29’ 11’ 29’ 11’ 29’ 11’ 30’ 12’ 43’ 43’ 20’ 19’ 20’ 19’ 20’ 19’ 20’ 19’ 20’ 19’ 20’ 19’ 37’ 37’ 3.2 SLIP APPLICATION SCHEDULE & PROCEDURES February 1 – Renewal package with marina fee notice sent to current slip holders March 1 – Deadline for renewal packages plus current Certificate of Insurance showing not less than $300,000.00 liability, and payment of marina fees to be provided to the Tecumseh office. Failure to return the above items by the deadline shall be considered by the Board of Directors to be notification by the current slip holder of intent to vacate the slip and remove his boat from the Marina by March 31. That slip may then be reassigned to any other qualified applicant at the discretion of the Marina Manager. 17 Before occupying a slip in a given year, the boat owner must first obtain a Marina Mooring Usage and Occupancy Certificate. The Marina Manager will provide these certificates after slip assignment and receipt of the following documents from the boat owner: • • • • • A completed and signed Mooring Application, Appendix F A completed and signed Marina Usage Agreement (Appendix G) accepted by the Board of Directors. A current Certificate of Insurance indicating liability coverage of at least $300,000.00* A copy of the boat title, documentation or other official proof of required percentage ownership* Payment of marina slip fees (slip fee and electrical/water fees) *After documenting insurance and ownership with the initial application, returning slip holders have the option of supplying the documents again each year, or checking a box on the application form attesting: “No changes have taken place in ownership or insurance coverage since submission of the information on file in the Tecumseh office. I agree to furnish current ownership and insurance documents in a timely fashion upon request of the Tecumseh Board of Directors.” 3.3 CALCULATION OF SLIP FEES AND UTILITY CHARGES If an owner owns more than one unit in the Tecumseh, their footage and usage will be added together for all units and slips to determine “Overage” or “Underuse” as defined below. If an owner wishes to use more than his/her footage in the marina, then he/she pays a marina charge for the extra footage and is an “Overuser”. The extra charge is referred to as the “”Overage Area” and the related charge is the “Overage”. Beginning April 1, 2009, the Overage is calculated at $2.00 per foot per month for owners and tenants. The rates will be adjusted on January 1st each year according to the then current Consumer Price Index for All Urban Consumers (CPI-U) for the Washington Baltimore area. The price will be reset to CPI-U or zero, whichever is greater. If an owner does not use a portion of his/her footage, the owner is an “Underuser”. If there is Overage collected for the Marina Year, that owner will be given a refund for their under usage based proportionately on the total Overage collected (the amount of the Owner’s Underuse divided by the total amount of Underuse Area for that Marina Year, multiplied by the amount of the total Overage fees collected). The Overage will be disbursed to the Underusers within 30 days of the end of the Marina Year. If an owner enters into a Marina Usage Agreement after the beginning of the Marina Years and becomes and Overuser, their Overage will be payable immediately and added to the total Overage for that Marina Year. If an Underuser joins the Tecumseh after the beginning of the Marina Year, their Underuse will be added to the total Underuse in that Marina Year. 18 Upon notification of slip assignments and amount of marina fees due, the boat owner must pay the non-refundable fees in advance for the Marina Year, regardless of the date of assignment of a slip. Water and electrical usage charges shall be due with the slip fee. No refunds of paid fees will be made if a boat is removed from the Marina for any reason, except when a tenant’s boat is removed at the written request of the Marina Manager to make room for an owner’s boat. A refund would then be issued, based on the unused time remaining in the Marina Year. Utility charges are determined annually by the Board of Directors and any changes to them are published in the application and marina usage documents. Electrical charges are established in three tiers depending on use by the slip holder as follows: • • • Heavy users are slip holders with vessels connected to dockside power, who occasionally run heavy equipment such as air conditioning/heating units, refrigeration and dehumidifiers. Typical users are slip holders whose boats have a battery and electrical system, and therefore may occasionally connect to dock power for charging batteries, running power tools and other light duty appliances. MOST SLIP HOLDERS PAY THIS RATE. The lowest rate is for boats with no battery or electrical system, and which have no other need for dockside electrical service (e.g., kayaks and rowing boats). The nominal charge here recognizes that all slip holders share a utilities cost of dockside lighting, winter ice clearing and the availability of pier electrical outlets for maintenance and emergency needs. The Marina Committee will monitor the selection of the most appropriate rate for all slip holders’ electrical use during the Marina Year. All slip holders are charged one rate for water usage. 3.4 SLIP ASSIGNMENT PRIORITY The Board of Directors shall assign slips in the following priority: • All 100% owner owned boats (including boats owned by multiple owners of multiple units) that were assigned a slip the previous year, but only one boat for each unit owned. • All 100% owner owned boats that are on the waitlist but only one boat per unit. • All less than 100% owner owned boats that were assigned a slip the previous year but only one boat per unit. • All less than 100% owner owned boats that are on the wait list but only one per unit. • Any second boat 100% owner owned boat that was in the marina the previous year. • Any second boat 100% owner owned boat that was on the wait list the previous year. • Any second boat less than 100% owner owned boat that was in the marina the previous year. • Any second boat less than 100% owner owned boat that was on the wait list the previous year. 19 • 100% tenant owned boats. For purposes of the above, 100% owner owned boats shall include those boats titled in the name of an owner and any members of their immediate family, ie parents, children, siblings. The Tecumseh marina does not at all times have space to accommodate every boat for which application is made. Slips will be assigned for the best possible utilization of existing slip space with regard to the length, beam and draft of ALL boats. Slip assignments for Overusers will be re-assessed annually to fairly distribute Overage payments. The Overusers involved will be given the opportunity to have input in the reassessment. Slip assignments are subject to reassignment within the Tecumseh marina upon 30 days notice, if such slip assignment will provide a better utilization of slips. Tenant owned boats are subject to removal on a 30 day written notice, if that space can be better utilized by an owner. If there are valid applications on the waiting list that could use the specific slip in question, any Marina Mooring and Usage and Occupancy Certificate may be cancelled with one week’s notice at the discretion of the Board of Directors if the slip is unoccupied during peak Marina usage season (April through October) for more than two months without a valid reason. Valid reasons for a significant absence from an assigned slip such as on-going repair or vacation must be submitted in writing to the Board of Directors. Applications will be accepted from owners and tenants only. Prospective purchases may not submit an application until the actual purchase of a unit and proof of boat ownership. The slip waiting list may be communicated to prospective purchasers if desired to understand their potential spot within the waiting list. In the event the Board of Directors/Marina Manager has in hand at the same time applications for two or more boats having essentially the same slip requirements, and for which only one slip is available, and the applicants have equal slip assignment priority, assignment will be made to the owner having the highest score under the formula of one percentage point for each full year of Tecumseh unit ownership, added to the applicant’s percentage of Tecumseh ownership. In the event of multiple unit ownership, the years of ownership for the longest owned unit only will be counted, but percentage of Tecumseh ownership for each unit owned will be used. The date that the application was received by the Marina Manager will be used as a tiebreaker if all other factors are equal. The Board of Directors will hear and settle any assignment decisions protested in writing by an owner. The Board of Directors will make determinations of slip assignments involving conditions not foreseen within this stated policy. 20 3.5 MARINA RULES AND REGULATIONS 1. To ensure safety, boats in the inner marina (slips underneath the building) shall be no longer than 22 feet from front to back (including apparatus extending from the bow pulpit and length of engine extended out of the water in the rear) while occupying the slip. 2. Semi-permanent floats are acceptable if approved by the Marina Manager in advance for use with an approved kayak or other small craft. If an owner builds and installs a float, he/she is solely responsible for the maintenance of the float and also responsible for removing the float before the close of their unit sale. 3. The owner of tenant who has been assigned slip shall have exclusive use of the slip while his boat is berthed in the marina except that: • • All slip holders must notify the Board of Directors/Marina Manager when the slip will be vacant for 48 hours of more. If the Board of Directors/Marina Manager cannot be notified, the information should be left in the Tecumseh office to the attention of the Board of Directors/Marina Manager. The Marina Manager may use any slip for temporary dockage when the assigned boat does not occupy it. No one shall occupy or cause to be occupied, an assigned slip without the specific permission of the Marina Manager or his representative. Marina Manager shall not assign another boat to an occupied slip in the absence of the assigned boat without a reasonable attempt to contact the slip holder. 4. The Tecumseh Condominium shall not be help responsible for any loss or damage to any boat assigned to a slip or any personal property located on the boat. Each boat owner shall be held responsible for any damages he may cause to other boats in the marina or to any marina structures. It is the responsibility of the boat owner to remove or cause to be removed immediately from the marina, any boat that may sink or be sunken. 5. All boats shall be secured adequately with reliable dock lines in their assigned slip and in a manner acceptable to the Marina Manager. Repeated failure to properly secure a boat, or failure to properly fender a boat to prevent damage to marina structures, will be cause for cancellation of the Marina Usage Agreement. 6. The Marina Manager shall have the right to inspect, or cause professional inspection, on all boats in the Marina, to evaluate seaworthiness and ensure there is no risk of damage to the Marina or any welfare or safety issues. Failure to correct a problem discovered may be grounds for early termination of the Marina Usage Agreement in addition to fines. Boat owners will be notified and if appropriate given reasonable time to correct subject to the discretion of the Marina Manager. 7. While in the Marina all boat owners shall operate their boats in a reasonable and safe manner to ensure the safety and welfare of others. 21 8. Radar units on boats berthed in any slip shall not be operated for any reason. 9. The Annapolis City Codes and federal regulations pertaining to the discharge of refuse matter of any description into the water shall apply to every boat in the Marina. 10. All boats, except for small boats up to 14 feet, or those boats previously approved by the Board of Directors/Marina Manager, must have a current Marina Mooring Usage and Occupancy Certificate issued in order to enter the Marina. The boat must display stateissued current registration stickers except documented boats whose owners are active duty military personnel and are exempt from this regulation. 11. Any owner or tenant responsible for bringing into the marina a boat not issued a current Marina Mooring Usage and Occupancy Certificate will be assessed a fine as determined by the Board of Directors, plus the applicable per day guest slip fee. 12. Occasional on-board boat living within the marina is permissible but owners must register with Tecumseh Management for the duration of on-board living. Restrooms on the marina deck and lobby are not to be used for any other use except that for which they were designed. Doing laundry, dishes, washing out paintbrushes or changing clothes in the restrooms is strictly forbidden. If exceptional circumstances exist where continuous living is required, an application must be filled out and approved by the Board. Upon approval, the Board may charge the co-owner a fee (to be determined at the time) for utilities usage during the extended on-board living period. 13. One slip on the east side of the marina is designated as a guest slip. This slip may be reserved for overnight use for boats belonging to resident’s guests upon submission of the Guest Slip Registration and Agreement form, Appendix H, with the appropriate fee, to the Condo Manager or Marina Manager. 14. Halyards on sailboats shall be properly secured while berthed in the marina so as to not cause a nuisance. 15. A boat owner shall not authorize nor conduct repairs to his boat that would violate Annapolis City Codes or cause an annoyance to any other Tecumseh resident. Major overhauls or repairs are expressly prohibited in the Tecumseh marina slips. 16. No advertising or solicitation by the displaying of banners, signs, etc., is permitted on any boat in the marina except as required as part of a regatta or competition for the duration of the event or except where the sign or mark is an integral part of the boat or its equipment. In no case are owners allowed to display “FOR SALE” signs. 17. Boat owners shall not store supplies, materials, accessories, or debris on any walkway, dingy area, or dock, and shall not construct thereupon any locker, chest, cabinet, steps, ramps, or other any structures except with the express permission of the Board of Directors/Marina Manager. Mats and carpeting shall not be laid or affixed to the wooden 22 decking or stringers of the docks, as they cause accelerated rotting of the wood due to moisture retention. 18. Prior permission must be obtained from the Board of Directors/Marina Manager to install any device to prevent ice build-up. The slip holder will be required to guarantee the restoration of the slip to its original condition, or better, upon removal of the device. 19. Guests, outside labor, agents, or anyone claiming the right to board a boat, are not permitted on the marina premises unless authorized by the boat owner and notification to the Board of Directors/Marina Manager or Condo Manager. It is the Tecumseh owner’s responsibility to ensure that the above persons have adequate liability insurance prior to allowing them access to Tecumseh property, and to provide them with a means of access and egress. 20. More than one boat may be assigned to a float at the discretion of the Board of Directors/Marina Manager. 21. The placement of dock boxes in the Tecumseh Marina shall be governed by the following practices: Dock boxes shall solely be the personal property of Tecumseh unit owners who are registered slip holders. One dock box is authorized per registered slip. The Marina Manager/Marina Committee will have one designated dock box for storage of Marina maintenance equipment. Dock boxes will be standard marine grade, white in color, clean in appearance, and in proper working order. Maximum dimensions will be six feet in length, three feet in height, measured at the front of the box. A “Tecumseh registered dock box” sticker, issued by the Tecumseh office, will be affixed on the top of the box. For owners assigned outer slips, it may be possible to mount one or more dock boxes on decking extensions projecting slightly into the slip area. If the Marina Manager determines this approach is appropriate for a particular slip, and the slip holder is agreeable, Tecumseh maintenance personnel, at the expense of the unit owner/slip holder, will accomplish the installation. All other unit owners/slip holders wishing to have a dock box, placement will be in the breezeways, (under the east and west buildings) in locations designated by the Marina Manager/Marina Committee. Physical delivery and placement of breezeway dock boxes will the responsibility of the slip holder. Unit owners who relinquish slip assignments will remove dock boxes from the Marina complex, or arrange re-assignment through the Marina Manager, coincident with voiding of their slip contract. Tecumseh maintenance personnel, at the expense of the departing slip holder, will accomplish any necessary removal of dock fastenings. 23 Unit owners/slip holders may submit a request to the Marina Manager inquiring as to the availability of space for a second dock box for the Marina Calendar Year. A fee of $100.00 per year will be charged for such a second dock box. Dock box contents will be safe and pose no environmental hazard to the Marina complex. Dock boxes will be closed and secured at all times when not being actively accessed. In the event of an exigency of safety or environmental contamination involving a unit owner’s/slip holder’s dock box, the Marina Manager or Tecumseh maintenance personnel are authorized to take appropriate measures. 22. The Board of Directors reserves the right to cancel any Marina Mooring and Use Occupancy Certificate on 10 days written notice for any of the following violations: • • • • • • Any acts which might cause undue embarrassment or interfere with the pleasure and enjoyment of neighboring boat owners and Tecumseh residents. Failure to pay fees for slip usage on time or being delinquent in the paying of any condominium maintenance fee or special assessments. Unit and/or boat ownership misrepresentation Failure to maintain a current copy of the required insurance certificate on file as required Disregarding Annapolis Harbor, City of Annapolis, state or federal rules and regulations related to boating As stated in Section 3.4, if there are valid applications on the waiting list that could use the specific slip in question, any Marina Mooring Usage and Occupancy Certificate may be cancelled with one week’s notice at the discretion of the Board of Directors if the slip is unoccupied during peak marina usage season (April through October) for more than two months without a valid reason. Valid reasons for a significant absence from an assigned slip such as on-going repair or vacation must be submitted in writing to the Board of Directors. 23. Owners or tenants may keep small boats on Tecumseh property on a space available basis, subject to the following conditions: The term “small boats” as used herein includes dinghies (hard shell and inflatable), kayaks, canoes and paddleboards. These vessels may range in length up to 14 feet (in some unusual instances, slightly longer boats may be accommodated, if approved by the Marina Manager). An application to store the small boat (Appendix I) must be submitted with payment of the appropriate fee. A. Upon approval, the boat will be assigned a storage space and issued a small boat registration tag. This waterproof self-adhesive tag must be affixed in a visible area. B. The registration/storage fee schedule is: i. on the west dock racks (either on the under building rack or on the rack in the alley)---$120.00 per year. ii. Small boats kept on the rack in the parking lot (adjacent to the storage shed)---$25.00 per year. 24 iii. Small boats kept on a slip holder’s float --- no charge. 24. Maryland law requires fishing licenses and crab pot registration, and otherwise restricts fishing and crabbing activities. Tecumseh policy is to comply with applicable laws while participating in these activities on condominium property. Specific guidance on the laws and licensing requirements can be found at http://dnr.maryland.gov/service/fishing_;ocemse/asp#RSCL In addition, Tecumseh has set the following rules regarding crab pots in the Marina: • • • • Slip holders may place properly registered crab pots within their slip Pots pulled out of the water may not be stored on Tecumseh docks or elsewhere in the marina breezeway or alleys. It is acceptable to store un-baited pots by hanging them under the main docks or finger piers (the Marina Manager or members of the Marina Committee can advise on how to use this technique). Owners or residents who are not slip holders may place properly registered pots on the east side of the east dock (the Marina Manager can assist in finding a spot). Crabbing is an active pursuit and pots must be pulled and checked at least once a week. Pots that are not regularly checked will be considered abandoned and the Marina Manager may dispose of them and may impose a $25.00 fine. 4. FINANCIAL MATTERS 4.1 MAINTENANCE FEES AND SPECIAL ASSESSMENTS In accordance with Section 600 of the Tecumseh By-laws an annual budget is adopted by the Council of Co-Owners for the common expenses of the condominium. The applicable portion of each co-owner’s share of the budget is collected as a maintenance fee. Maintenance fees are payable in equal installments due on the first of each month. From time to time, the Council of Co-Owners may approve a special assessment to fund capital improvement projects that are over and above the annual budget. The applicable portion of each co-owner’s share of the special assessment will be collected periodically as defined in the approval. Payments for maintenance fees or special assessments not received within 15 days of when they are due are subject to a late fee of $15.00, or 10 percent of the amount due, whichever is greater. In the event payments for maintenance fees or special assessments are not received by the 30th day of the month following the month in which they were due, the Board of Directors may enforce payment by sending an Acceleration of Condominium Fee letter by registered mail to the delinquent owner. In addition, a lien for the amount due may be filed with the Clerk of the Circuit Court of Anne Arundel County. Lien filing fees and any legal fees 25 incurred shall be added to the total amount of the lien and interest shall be charged on the total unpaid amount at the annual rate of 18%. If the accelerated maintenance fee and special assessments, plus all other charges are not paid in full within 60 days from the lien filing date, additional proceedings may be instituted in accordance with the laws of the State of Maryland. 4.2 SPECIAL FEES AND AMOUNTS FOR FINES The following amounts are established as minimums for the indicated fee or fine for violating the Rules and Regulations. • • • • • • • • • • • • • • • • • • • • • • Move-in fee for tenants - $125.00 per move-in Late payment fee - $15.00 or 10 percent of the amount due, whichever is greater Preparing Condominium Resale Notice - $150.00 Furnishing information to mortgage company for loan processing - $150.00 (this fee may be increased if the process is particularly time consuming) Damage deposit for renovation projects - $250.00 Lock out charge - $50.00 at all times Deposit on common element front lobby door keys - $25.00 each Fee for additional parking lot access keycards (up to a maximum of 4 per unit): $75.00 each. Fee for replacing a damaged keycard returned to the office: $25.00 Private Party Fee to use Lobby, Marina Deck or Swimming Pool - $50.00 plus $200.00 damage/cleaning deposit Stairwell Storage Units - $1200.00 annually for 5th floor units, $1000.00 annually for 2nd floor units. (Quarterly payments are authorized) Bicycle or sail storage fee - $75.00 annually Boat trailer storage in the parking lot - $300.00 annually, No refunds for unused time. Small boat storage fees - $120.00 annually for underbuilding or alley rack. $25.00 annually for the parking lot rack. Marina Guest Slip Overnight Fee - $1.50 per foot not to exceed $50.00 Marina electrical use and water use fee for slip holders – to be determined annually by the Board of Directors Fire lanes/east gate loading area – leaving vehicle unattended for more than 10 minutes - $15.00 Violation of no pet policy for tenants - $15.00 per day Failure to clean up pet waste - $15.00 Violation of trash disposal rules - $25.00 Feeding waterfowl or other wild animals - $25.00 Failure to dispose of abandoned crab pot - $25.00 Violations of any other Rules and Regulations - $50.00 26 Tecumseh Condominium Move-In and Out Authorization Appendix A Tenant’s Name __________________________________________________ Unit Number _________________ Move (in) or (out) on Date: ____________________________________ At (time) _____________________ Reference Tecumseh Rules and Regulations 1.3 and 4.2 • • • • • • 48 hours notice must be given for all moves to ensure proper protection of common elements All moves will be through the east or west alley doors, do not use the front lobby door Moving hours are restricted to 8:30 AM to 5:00 PM, Monday through Friday excluding holidays. Tenant must ensure elevator protective pads are in place before using elevator and to remove and return the pads to their storage place when move in complete Tenant, and leasing co-owner, is responsible for any damage to Tecumseh common elements. Tenant must dispose of packing crates and boxes, etc. The items should be flattened and placed in the parking lot dumpster. Do not leave any packing material in the laundry rooms, trash rooms or hallways. Move in fee: $125.00 Name of Leasing Co-Owner: _____________________________________________________________________ Payment received on Date: ___________________________Check No: ______________________________ v. July 2015 27 Tecumseh Condominium Guest Vehicle Registration (For vehicles to be in the parking lot overnight or longer) Appendix B If a guest vehicle, including contractor and short-term rental vehicles, will be in the Tecumseh parking lot overnight or longer, the 2-part form illustrated below must be prepared as follows: • Fill out both halves of the form. • Cut or tear the form in half along the dotted line. • Place the Guest Pass on the dashboard of the guest vehicle. Please make sure that the information on the Guest Pass, especially the unit# and contact phone#, is written clearly, and is readable from outside the vehicle. • Give the Guest Info sheet to the Condo Manager. Please drop it through the mail slot if the office is closed. Blank full-size forms are available from the rack beside the Tecumseh office door. For your convenience, the Manager can also provide an electronic (Excel) version of the form which can be filled out on a computer and printed. v. Feb 2016 28 Tecumseh Condominium Lobby, Marina Deck or Swimming Pool Application for Private Parties Appendix C The Board of Directors must any use of these facilities for parties, meetings, or gatherings of any type except for normal day-to-day visiting. This application must be submitted to the Tecumseh office within 10 days of your planned function to prevent scheduling conflicts. Approval to use the swimming pool must be coordinated with the pool management company, using Appendix C-1, at least seven days in advance of the planned use. The following rules apply: 1. The applicant must be an owner or tenant 2. No outside person or organization may apply. 3. A non-refundable use fee of $50.00 will be changed for each use. A check for that amount must accompany the application. 4. A deposit of $200.00 to cover cleanup and damages is also required with a separate check for that amount. Any part of this deposit that is unused will be refunded. 5. The applicant must be present at the function as host or hostess and will be fully responsible for all guests. 6. Cleanup must be completed immediately after the end of the event, not the following morning. 7. All functions must end no later than 11:00 PM with the exception of New Years Eve. 8. Hiring/use of musical equipment must not create a nuisance for other residents. Planned venue/date of event: Number of guests: Hours of event: From: To: Type of event: Type of music, if any: I_____________________________________ do hereby assume full responsibility for the above event and the actions of all persons, invited or not, resulting from my use of Tecumseh property. I agree to personally bear any additional costs above the $200.00 deposit for any damages, breakage, or stolen property resulting from this event. I understand the $50.00 use fee is non-refundable. Signature of Owner/Tenant Applicant: _________________________________________________________ v. July 2015 29 Tecumseh Condominium Swimming Pool Party Application (to be used with Appendix C) Appendix C-1 1. Residents may request the Tecumseh’s pool management company to provide lifeguard services for private pool parties. 2. The pool management company will evaluate each request. 3. This application must be submitted at least seven days in advance. 4. All Tecumseh rules and regulations related to pool operation and other relevant matters must be followed. 5. The resident hosting the event is responsible for cleanup and trash removal after the event. 6. The following fees apply in addition to the $50.00 fee charged by the Tecumseh: • $75.00 non refundable application fee payable to pool management company • $20.00 per hours for lifeguard services • One lifeguard must be hired for each 30 guests. Name of Resident: Number of Guests: Hours of event: From: To: Date: Signature: Type of music, if any: v. July 2015 30 Tecumseh Condominium Annual Registration for Bicycle or Sail Storage Appendix D BICYCLE REGISTRATION FORM $75.00 ANNUAL FEE Name: Unit: Date Fee Paid: Check No. Bicycle Brand: ID tag number: SAIL STORAGE FORM Color/Description: Name: Unit: Date fee paid: Check No. Sail Brand: ID tag number: $75.00 ANNUAL FEE Description of bag: v. July 2015 All items are stored at your own risk. The Tecumseh assumes no liability for loss or damage to any stored items. Bicycles that are in an inoperable condition for an extended time will be considered abandoned and may be removed from the storage area and discarded by Tecumseh management. 31 Tecumseh Condominium Renovation Guidelines Appendix E These guidelines are designed to assist you with the successful completion of any renovation projects. The guidelines apply to you and any contractors you may have hired to perform the work. 1. Planned alterations need approval by the Board of Directors before work begins to ensure satisfactory appearance and quality standards are met. A written application should be submitted to the Condo Manager in person or by email to [email protected]; and, should include specifications, sketches and/or detailed plans as appropriate. The board will review the application at its next scheduled board meeting. 2. Due to the complex structural design of the building, any application for structural change must include an analysis of the proposed change by a qualified engineer. 3. You are required to obtain any necessary construction permits from the City of Annapolis Department of Neighborhood and Environmental Programs. Useful information on this matter may be obtained from their website at http://www.annapolis.gov/government/city-departments/neighborhood-environmental. 4. It is noted the City requires permits for virtually all plumbing and electrical work; and, it must be accomplished by a plumber or electrician licensed by the City of Annapolis. 5. Before contractors begin any work, you must submit a damage deposit of $250.00, in a check payable to the Tecumseh Condominium, to the Condo Manager. 6. You should review the plans with the Condo Manager in order to arrange for any special requirements that might be needed. All water shut offs require a minimum of 48 hours notice so that affected residents may be informed. 8. Contractors may work Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays, unless prior arrangements have been made with the Condo Manager. 9. Owners are expected to provide the necessary daily supervision of their contractors in order to comply with Tecumseh rules and regulations. The Tecumseh staff should not be expected to provide contractors with access to the parking lot, building, or individual condominium units. 10. Parking in the east alley loading area is limited to 15 minutes. Alleys may be used for extended periods; however, contractors using them are responsible for closing the gates at all times and locking the gates upon exiting. Failure to do so may result in alley parking privileges being revoked. No vehicles may be parked beyond the double yellow lines. 32 11. No construction materials may be delivered through the front lobby door. Use the alley side doors for this purpose. Construction materials may not be stored, even temporarily, in any common areas of the Condo. 12. Doors shall not be propped open or left unattended while open. Contractors must never let anyone into the building except their own construction crews. 13. Protective pads must be placed inside the elevator while transporting materials and removed when transporting is completed. In no case will these pads be left in the elevators later than 5:00 PM. 14. Contractors or owners must cover the hallways with appropriate coverings where needed to avoid excess wear and tear on carpets. In addition, care must be taken to protect walls and fixtures. 15. Demolition materials must never be thrown from windows. If necessary, a dumpster may be located in the alleys to dispose of materials through a chute to the dumpster. All construction personnel must clean up after their work in and around the common areas, both inside and outside, on a daily basis. All debris must be hauled away from the Condo. The Condo’s trash containers or dumpster may not be used to dispose of materials. If Tecumseh staff is required to clean up after a contractor or owner, the owner may be charged for the clean up effort. v July 2015 33 Tecumseh Condominium Application for Marina Mooring Usage and Occupancy Certificate Appendix F Marina Season: April 1, 20XX to March 31, 20XX Name of Resident: Name of Boat: Dimensions: Unit No: Power Length Beam Sail Draft Coast Guard Documentation No. DNR Registration No. Fuel type: Manufacturer: Hull material: Year built: Tecumseh owners must own at least 50% of a boat occupying a slip in the marina in their name; and, tenants must own 100% List names, addresses and phone numbers of any boat co-owners. Name: Address: Phone: Additional information/documents required for complete application: 1. This completed application (Appendix F) 2. Completed and signed Marina Usage Agreement (Appendix G) 3. Current Certificate of Insurance indicating liability coverage of at least $300,000.00* 34 4. A copy of boat title, documentation, or other official proof of required percentage ownership* 5. Payment of marina fees (slip fee and electrical/water fees) * After documenting insurance and ownership with the initial application, returning slip holders have the option of supplying the documents again each year, or checking the following box to indicate that “No changes have taken place in ownership or insurance coverage since submission of the information on file in the Tecumseh office. I agree to furnish current ownership and insurance documents in a timely fashion upon request of the Tecumseh Board of Directors”. Check this box if not furnishing current insurance and ownership documents. I have read, understand and will abide by the Tecumseh Rules and Regulations, Section 3, pertaining to marina use. I understand that I cannot occupy any mooring space until I am issued a current Marina Mooring Usage and Occupancy Certificate. I also understand that the certificate is valid only for the boat described above and is not transferable. If I am a multiple slip holder, I understand that I may be displaced from the slip of my choice, if the Tecumseh receives a valid mooring application for which there is otherwise no slip available. Signature of Applicant Office Use Only Application received Water/Electric paid Title/Registration Certificate Issued Slip fees paid Refund due Insurance v July 2015 35 Tecumseh Condominium Marina Usage Agreement Appendix G This document must be submitted with the application for a Mooring Usage and Occupancy Certificate. 1. This usage agreement is between authorized slip holders and the Tecumseh Condominium Council of Co-Owners for the current Marina Year. 2. The slip holder is responsible for a water use charge and a separate electrical use charge corresponding to the type of use from one of three tiers. Utility charges are determined annually as set forth in the Tecumseh Rules and Regulations, Section 3.3. The utility charges are as follows: UTILITY A. WATER B. HEAVY ELECTRICAL TYPICAL ELECTRICAL OTHER ELECTICAL TYPE OF USE TYPICAL AC/REFRIGERATION, DEHUMIDIFIERS BATTERY CHARGER, TOOLS (most users) NOMINAL USE (kayaks, small boats) AMOUNT $ 25.00 $150.00 $ 75.00 $ 30.00 3. In the event a unit owner has been assigned more than one boat slip per unit and another unit owner has submitted valid mooring application for which there is no slip available, a unit owner with more than one slip per unit may be displaced from one of such boat slips, provided that the unit owner with more than one boat slip will have the right to determine which slip he or she wishes to retain. If there are applications for boat slips on the waiting list and a specific assigned slip has been vacant for more than two months, without a valid reason, during the peak marina usage season (April through October), the marina usage certificate for the vacant slip may be cancelled at the discretion of the Board of Directors. Valid reasons for the slip to be vacant include lengthy on-going repairs and extended vacation provided the marina manager is notified in writing of these facts. 4. If there are multiple unit owners who have more than one boat slip per unit, the decision on who must relinquish a boat slip will be based on seniority of ownership of a condominium residence with the junior owner being displaced. 5. The Board of Directors will hear and settle any assignment decisions protested in writing by a unit owner. The board will make a determination of slip assignments involving conditions not foreseen within this stated policy. 6. Slip holders may not reassign or sublet slips. Boat owners desiring to let others use their boat in their absence must provide written authorization to the other users and advise the marina manager of this event. The slip holder hereby agrees to notify the Board of Directors, in writing, of any change of ownership their boat immediately upon transfer of 36 ownership. Boat owners must notify the marina manager in writing prior to any workmen entering the marina. It is the boat owner’s responsibility to provide access and egress and the boat owner shall be responsible for the conduct of their workmen. 7. The slip holder shall have exclusive use of the assigned slip at all times except: a) Slip holders must notify the marina manager when their slip will be vacant for 48 hours or longer. If the manager cannot be notified, the information should be left in the Tecumseh office. b) The marina manager may use any slip for temporary dockage when it is not occupied by the assigned boat. No one shall occupy, or cause to be occupied, an assigned slip without the specific permission of the marina manager. The marina manager shall not assign a boat to an assigned slip without a reasonable attempt to contact the slip holder. The Board of Directors, through the marina manager, retains the right to board and/or remove any boat when the necessity arises. 8. Chartering or any other commercial activity in the marina is expressly prohibited. “FOR SALE” or “CHARTER” signs may not be displayed on any boat in the marina.. 9. The Board of Directors reserves the right to cancel the Marina Mooring Usage and Occupancy Certificate on ten days or as specified by written notice for any violation of the Tecumseh Rules and Regulations or any of the following: a) Any acts which might cause embarrassment or interfere with the pleasure and enjoyment of neighboring boat owners and Tecumseh residents b) Failure to pay marina fees on time or being delinquent in the payment of any condominium maintenance fees, special assessments, or other condominium payments. c) Unit and/or boat ownership misrepresentation d) Failure to provide/maintain required insurance coverage e) Disregarding Annapolis Harbor, City of Annapolis, state or federal regulations related to the marina and waterways f) careless or reckless operation of a boat in the marina or disregard for the safety of others. 10. Unit owners have complete preference over tenants for slip assignments. Tenant owned boats are subject to removal from the marina upon 30 days written notice if an owner’s boat cannot be accommodated. Tenant marina fees will be refunded on a prorated basis to the nearest month if a tenant’s boat is removed for this purpose. I certify that I have read, understand and will comply with this usage agreement, the conditions of the marina application, and all other controlling documents related to marina usage. Applicant for Marina Mooring Usage and Occupancy Certificate V July 2015 37 Tecumseh Condominium Guest Slip Registration Appendix H Owner/Tenant: Unit No Name of Boat: Documentation/Registration No: Type of Boat (circle one): Sail Power Boat Dimensions (length, beam, draft) Arrival date: Departure date: Guest Name Guest phone number: I certify that the above named boat is insured for at least $300,000.00 liability. I understand and agree that I am responsible for the conduct of my guests and their actions while they are in the Tecumseh marina. Marina Guest Slip Overnight fee is $1.50 per foot, not to exceed $50.00. Electrical/Water is not available on the guest slip. Signature of Owner/Tenant: ______________________________________________________ Printed name of Owner/Tenant: _________________________________________________ v. July 2015 38 Tecumseh Condominium Small Boat and Trailer Storage Appendix I All boats and trailers must be currently titled and insured for a minimum of $300,000.00 SMALL BOAT REGISTRATION $25.00 or $120.00 annual fee Owner/Tenant: Unit No. Brand Name of Boat: Type (circle one) Color: Dinghy Length: Signature: Date: Fee paid on: Kayak Paddleboard Check no: $25.00 fee for parking lot storage, $120.00 fee for alley or west dock rack storage Vessel must be at least 50% owned by Tecumseh owner, or 100% owned by tenant Proof or ownership and liability coverage is required with registration BOAT TRAILER REGISTRATION $300.00 annual fee Owner/Tenant: Unit No: License No: State and Expiration Date: Brand Name of Trailer: Fee paid on: Signature: Serial No: Check no: Date: v. Oct 2015 39 ATTESTATION The undersigned hereby certify that the foregoing Tecumseh Rules and Regulations were adopted in accordance with Section 11-111 of the Maryland Condominium Act and all other applicable state, and local laws and ordinances and in accordance with any and all requirements of the recorded covenants by a majority of the Board of Directors on the 11th day of October 2016 to be effective October 26, 2016. _________________________________________________________________ Bruce A. Phillips, President, Board of Directors _________________________________________________________________ Barbara Schwarz, Secretary, Board of Directors 40
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