1.0 GENERAL ASSOCIATION INFORMATION.

1.1 History.

1.2 Governance.

1.3 Management.

1.4 Finances.

1.5 Covenants.

2.0 GUIDING AUTHORITIES AND DOCUMENTS.

2.1 Senate Bill 05-100: Concerning Increased Protection For Homeowners.

2.2 Amended and Restated Declaration of Covenants. Conditions, and Restrictions for Manchester Park (A PU.D.).

2.3 Amended and Restated By-Laws of Manchester Park Townhouse Owners Association.

3.0 INFORMATION FOR AND ACCESS TO BY OWNERS.

3.1 General.

3.2 Information to be Provided to Buyer bv Seller.

3.3 Information to be Maintained bv Association.

4.0 PROPERTY REPAIR, MAINTENANCE AND ALTERATION.

4.1 Introduction.

4.2 Definitions.

4.3 Architectural Control Committee.

4.4 Association Responsibility.

4.5 Owner Responsibility.

5.0 PROPERTY USE.

5.1 Introduction.

5.2 General Rules.

5.3 Business Activity. Yard Sales.

5.4 Pets. Domestic Livestock and Wildlife.

5.5 Display of Signs.

5.6 Display of Flags.

5.7 Parking of Vehicles. Emergency Vehicles and Trailers.

5.8 Swimming Pool Use.

5.9 Tennis Court Use.

6.0 ASSESSMENTS AND PAYMENTS

7.0 ENFORCEMENT OF RULES AND REGULATIONS

7.1 General Responsibilities and Conditions.

7.2 Procedures.

8.0 RENTAL AND LEASE AGREEMENTS

9.0 ADOPTION AND REVISION OF POLICIES, PROCEDURES AND RULES

9.1 Initiation and Evaluation Process.

9.2 Adoption Process.

1.0          GENERAL ASSOCIATION INFORMATION.

1.1     History.

Manchester Park Townhome Owner's Association was founded in 1981, in accordance with appropriate State of Colorado statutes as a "common interest community" and a Colorado non-profit corporation. It has 88 privately owned units in 11, eight-unit buildings. In addition to its other common property, it owns a swimming pool and tennis courts.

1.2     Governance.

The Association is governed by a seven-member Board of Directors. Board members serve three year terms and are staggered so that two to three new Board members are elected annually. All Association members in good standing are eligible to be elected. The Board elects its own officers annually. Board meetings are held monthly (currently, the third Tuesday at 7:00 P.M. at the Aurora Central Library), are open to all members and provide a specific agenda time for homeowners. Several committees are formed with Board members and non-Board members.

1.3     Management.

The Association employs a management company to assist with day-to-day operations, including bookkeeping, and contracting for and overseeing such services as landscape maintenance, repair, construction contracting, waste disposal, maintenance of records and files, and other services to the Board and Association members. The current management company is REL Management, Inc. It is located at 2600 South Parker Road, Suite #4-145, Aurora, Colorado 80014. This is also the designated address for correspondence with the Association. The current telephone number is 303­337-3940.

1.4     Finances.

Association members pay assessments, determined on an annual budget basis. This assessment is typically paid on a monthly basis. The assessments are used for administrative, operating, and capital expenses, including contributions to reserves for repair and major renovation. Assessments are uniformly assessed on all units. Current monthly assessments are $208.00 per unit.

1.5     Covenants.

Governing documents such as the “Declaration of Covenants, Conditions and Restrictions” have been executed to provide for a safe and pleasing environment for Association members. These are the primary bases for these “Rules and Regulations”.

2.0          GUIDING AUTHORITIES AND DOCUMENTS.

2.1     Senate Bill 05-100: Concerning Increased Protection For Homeowners.

Most provisions of this law took effect in 2005 and became fully effective January 1,2006. It is a revision to several sections of the Colorado Common Interest Ownership Act (CCIO) pertaining to homeowners associations and legal rights and responsibilities of associations and their members. Chief provisions generally applicable to Manchester Park include:

• Xeriscape rules.
• Permission to display the American flag subject to reasonable rules of the Association regarding placement and size.
• Permission to display a service flag subject to reasonable rules of the Association regarding placement and size.
• Permission to display political signs subject to reasonable rules of the Association regarding period of display, size and placement.
• Permission to park a motor vehicle in the common interest community subject to certain conditions of employment and need.
• Rules pertaining to recovery of costs associated with enforcement of alleged violations of various rules and regulations of the Association.
• Process for alternative dispute resolution.
• Requirement for, and methods of, public disclosure of specified information pertaining to the Association.
• Association governance policies and practices.
• Specification of records to be maintained by and available from the Association.
• New rules for Association budget approval.
• Association and Board meeting rules.
• Disclosure of specified facts and information about the Association to unit purchasers by sellers.

2.2     Amended and Restated Declaration of Covenants. Conditions, and Restrictions for Manchester Park (A PU.D.).

This is the basic policy and procedures document for this specific Association. It is, in fact, a covenant between members of the Association specifying the basic rules of living together as a community of common interest, including the division of responsibilities among members and the Association. Rules and regulations provided in subsequent portions of this document repeat and/or are promulgated in response to the various requirements of the Declarations. This document was adopted in 2005, is fully consistent with SB 05-100 and is divided into 15 sections or Articles:

• Article I: Definitions.
• Article II: Membership.
• Article III: Voting Rights.
• Article IV: Property Rights.
• Article V: Covenant for Common Expense Assessments.
• Article VI: Party Walls.
• Article VII: Architectural Control Committee.
• Article VIII: Maintenance.
• Article DC: Use Restrictions.
• Article X: Easements.
• Article XI: Insurance.
• Article XII: Damage or Destruction.
• Article XIII: Condemnation.
• Article XIV: Rights of First Mortgagees.
• Article XV: General Provisions.

2.3     Amended and Restated By-Laws of Manchester Park Townhouse Owners Association.

By-laws are the detailed governance and operating rules of the Association. They take their authority from the governing Colorado law and the Declarations for this specific Association. These by-laws, adopted in 2006, are organized into fifteen Articles:

• Article I: Introductions and Purpose.
• Article II: Definitions.
• Article III: Membership.
• Article IV: Meeting of Members.
• Article V: Board of Directors, Selection, Term of Office.
• Article VI: Nomination and Election of Directors.
• Article VII: Meetings of Directors.
• Article VIII: Powers and Duties of the Board of Directors.
• Article IX: Officers and Their Duties.
• Article X: Committees.
• Article XI: Books and Records.
• Article XII: Disclosures.
• Article XIII: Indemnification.
• Article XIV: Amendments.
• Article XV. Miscellaneous.

3.0          INFORMATION FOR AND ACCESS TO BY OWNERS.

3.1     General.

Colorado Law and the By-laws of the Association require that certain documents be maintained by the Association and provided in easily accessible form to Members as well as maintained for public disclosure.

3.2     Information to be Provided to Buyer bv Seller.

• By-laws and rules of the Association.
• Declaration
• Covenants (if not included in Declaration or in other documents).
• Party wall agreements, if any.
• Minutes of the most recent annual meeting of unit owners and any board of director’s meetings occurring within the six months immediately preceding closing.
• Association operating budget.
• Association annual income and operating statement.
• Association annual balance sheet.

This information is provided at the expense of the seller, not the Association; although the Association must provide the information to the seller upon request. The seller must obtain a signed receipt from the buyer acknowledging receipt of the above information. The receipt will also contain notification of liability for payment of assessments. Failure to obtain such a receipt could subject the seller to a claim for relief from all damages to the purchaser resulting from such failure.

3.3     Information to be Maintained by Association.

The following information shall be maintained and made available for inspection and copying, within reasonable limits and costs at the requester expense, at a known place and time convenient to the requester. The records shall be maintained in written form or in a form that may be converted into written form in a reasonable time period. Records of Manchester Park are maintained at the offices of REL Management, Inc.

• Minutes of all member meetings and board meetings (current and past three years).
• Actions of the board, or of the members, taken by written ballot or other documented means (telephone canvass or e-mail) in lieu of a meeting (current and past three years).
• Actions of any committee in place of or on behalf of the board (current and past three years).
• Waivers of notice for owners meetings, board meetings, or meetings of any committee of the board (current and past three years).
• Record of unit owners in a form which can produce a list of names, addresses and the number of votes to which each owner is entitled.
• Articles of incorporation.
• The Declaration.
• The by-laws.
• Resolutions adopted by the board relating to characteristics, qualifications, rights, limitations and obligations of owners, including, without limitation, rules and regulations, design guidelines, or any resolution restricting the right of delinquent owners to vote.
• All written communication within the last three years to owners generally as owners.
• A list of the names, mailing addresses, telephone numbers and e-mail addresses of current board of directors.
• The most recent annual report, if any.
• All financial audits or reviews during the immediately preceding three years.
• An account for each lot or unit which shall designate the name and address of each owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the lot or unit, the amount of each common expense assessment, the date on which the assessment comes due, any fees payable by the owner, the amounts paid on the account and the balance due.
• An account for each owner showing any other fees payable by the owner.
• The most recent, regularly prepared balance sheet and income and expense statement, if any, of the Association.
• The current operating budget of the Association.
• A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant.
• A record of insurance coverage provided for the benefit of the owners and the Association.
• Tax Returns for state and federal taxation.

4.0          PROPERTY REPAIR, MAINTENANCE AND ALTERATION.

4.1     Introduction.

The Declaration of Manchester Park assigns responsibility for all exterior repair, replacement and maintenance of of residences, improvements, structures and landscaping, subject to such rules and regulations which it may promulgate, to the Board of Directors. The Board of Directors carries out these responsibilities with contractors selected upon nomination by and supervision of the management company employed by the Association. Moreover, the Board of Directors has the sole responsibility for determining whether any such repair and maintenance is the responsibility of the Association. The management company may act on behalf of the Association in response to requests from owners subject to direction and review as needed from the Board.

4.2     Definitions.

• Common Area--Those portions of the property designated on plats or other documents as “tracts” or “open space” and which are owned or maintained by the Association for the common use and enjoyment of the members, including tennis courts, swimming pool, landscaping, sidewalks, driveways into common garages, common garages, etc.
• Common Garage--The underground parking facility constructed under each building, but not including individual garages.
• Individual Garage--Any of the individual, enclosed parking spaces within the common garage, including without limitation, the perimeter walls, floors, ceiling and garage door and frame.
• Improvement--All structures and improvements located upon or made to a lot or unit and including, but not limited to, buildings, patio covers, awnings, the painting or staining of any exterior surfaces of any visible structure, roofing, satellite dishes, additions, walkways, screens, or storm doors, outdoor sculptures or artwork, sprinkler pipes, roads, firelanes, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, trees, shrubs, poles, signs, exterior tanks, solar equipment and exterior air conditioning.
• Property or Properties--Referees to the “real property” described in the original “Declaration” establishing the Association, together with all easements, rights, and appurtenances thereto, and the buildings and improvements erected thereon.
• Guest--Any agent, tenant, employee, family member, guest, licensee, or invitee of an owner, or the family, licensee or invitee of an owner’s tenant who enters upon the property.
• Association Member--Every owner of a lot or unit subject to assessment shall be a member of the Association. Each lot or unit will have one vote. Multiple owners of a single unit will share only one vote for that unit.
• Adult--Anyone of at least 18 years of age.

4.3     Architectural Control Committee.

An Architectural Control Committee, consisting of at least three members, shall be appointed by the Board. Board members may serve on the Committee. This Committee must review and approve all proposals for structures, attachments to structures, any accessory building, fences, exterior lighting equipment, athletic equipment or other similar improvements or attachments. No alteration of the exterior of a structure shall be made and no change in the final grade or the installation of landscaping shall be performed unless the complete plans and specifications therefore shall have first been submitted to and approved in writing by the Committee. Replacement of windows as well as the location for exterior television receptors must also be approved. This process is required to assure conformity and harmonization with existing surroundings and structures.

Reasonable variances or adjustments because of practical difficulties or resulting imposition of unnecessary hardship may be granted so long as the proposal does not materially affect or prove detrimental or injurious to the other property or improvements in the neighborhood or the general intent of this requirement.

Forms are available from the Committee for making such proposals. Proposals and requests should be submitted in duplicate to the Committee, through the management company. The Committee will respond within 30 days of submission. If the Committee does not respond within 30 days, approval will not be required and the requirement may be presumed to have been satisfied.

4.4     Association Responsibility.

• Generally, the common areas and exterior maintenance and repair on each residence or unit subject to assessment.
• Exterior paint or stain; repair, replacement, maintenance and improvement of roofs, skylights, including, without limitation, the flashing and seals, but not including the replacement of the glass or plexiglass material; repair or
• replacement of gutters, downspouts, sidings, fences (including perimeter and patio fences and gates) and exposed exterior building surfaces.
• Maintenance, repair and replacement of common garage within each building. This includes the exterior door, the perimeter walls, floors and ceiling ending at and including the sheetrock or other finished material constituting the perimeter walls, floors and ceiling; provided, however, that the Association shall not be responsible for maintenance, repair of and replacement of the individual garages or garage doors or frames.
• Balconies, including the structural members and supports, and any railing or other similar component of a balcony which serves as a structural element or as an enclosure, but not including the flooring or decking material or the soffits.
• Concrete work and retaining walls, excluding walkways, stoops and steps into entryways of adjacent units which are not generally considered part of the commons to which all have unlimited access and which are enclosed or partially enclosed within the space of the lot. Does not include decorative railings between adjacent units. Does not include exterior carpeting in entryways. Does include safety railings along firelanes.
• The Association has the right, but not the obligation, to perform other exterior maintenance on the residences, improvements and structures as the Board may, from time to time, deem appropriate.

4.5     Owner Responsibility.

• Generally--except for repair, replacement and maintenance expressly designated as the Association’s responsibility, all repair, replacement and maintenance of the interior and exterior of the residence or unit and all other improvements, equipment, utilities and structures located within the lot or unit boundaries shall be the sole responsibility of the owner and include the following:
• Entry doors and frames, windows, screens and frames, and sliding doors and/or windows and their frames.
• Skylights, with the exception of flashing, seals or other elements of a skylight which are integrated with the roofing system.
• The flooring and decking material and the soffits on any balcony.
• Porches, walkways, patio slabs, stoops and other improvements which are within the enclosed, or partially enclosed, yard space of any unit or lot, but not including fences or gates.
• Air conditioning units or other similar equipment serving a single residence, including all lines, connections, fittings and power, whether or not said unit is within the owner’s lot.
• Individual garages assigned to that owner’s lot including the garage door and door frame the perimeter walls and ceilings as defined in the Declaration.
• Maintenance, repair and replacement of any utility, plumbing, mechanical, or electrical fixture, wiring, piping, chute, flue, duct, conduit, or related or supporting system or components of the above, including sanitary sewer systems which serve only the specific unit. The general rule is that the owner’s responsibility takes up at that point where such utilities branch off to serve only that unit or enter the unit. Electric meters are also the unit owner’s responsibility.
• Determination of whether any such repair or maintenance is the obligation of the Association rests solely with the Board of Directors. The Board also has the sole and exclusive right to determine the timing, scope and type of materials to use in such repair and maintenance.
• If the need for maintenance, replacement or repair to facilities or improvements is caused through the willful or negligent act of any owner, his agent, family, guests or invitees, or pets the cost of such maintenance or repairs shall be added to and become part of the assessment to which the owner’s lot is subjected.

5.0          PROPERTY USE.

5.1     Introduction.

The use of the common area, lots and improvements are subject to the below listed restrictions and to any additional rules and regulations which the Board may adopt from time to time.

5.2     General Rules.

• No use shall be made of the common area or lots which would in any manner violate the statutes, rules, regulations, orders or decrees of any court or governmental authority having jurisdiction over the common area.
• No owner may commit any act or place any structures on the common area that would prohibit access to the common area by other owners.
• No use will be made of the common area that would deny ingress or egress to units which must take place over the common area (e.g., a fire lane).
• Damage to any portion of the common areas and improvements located thereon caused by an owner or his family or his guests shall be paid for by the owner after due notice and hearing. The term “damage” shall not include ordinary wear and tear.
• All exterior placement or installation of antenna, satellite dishes and other over-the-air reception devices less than one meter in diameter, designed for reception of video signals within the property shall be subject to rules and regulations permitted by federal law. Devices over one meter in diameter and radio reception devices (e.g., external towers) may be installed only with prior approval by the Architectural Control Committee.
• Owners shall not permit (by tenant or other parties) any noxious or offensive activity to be conducted, carried out or practiced on his lot or within his residence or on the common areas which constitute a “nuisance” as provided by law, or that will detract from the residential value, reasonable enjoyment or quality of the property (common interest and private residential units of other residents). This includes loud noises from persons or instruments (radios, televisions, stereos, etc.) that disturb other residents.
• No activities shall be conducted on the property and on improvements constructed on the property which might be unsafe or hazardous to any person of property. Without limiting the generality of the foregoing, no firearms shall be discharged upon the property, no open fires shall be permitted, and no fireworks may be set off on the property.
• No light shall be emitted from any lot which is unreasonably bright or causes an unreasonable glare and no odor shall be emitted on any lot which is noxious or offensive to others.
• No unsightly article shall be permitted to remain on any lot so as to be visible from adjoining lots, the street or the common area. No garbage, refuse, rubbish or debris shall be allowed to accumulate on any lot, nor shall it be deposited on the property unless placed in a suitable container, as may be defined by the Board from time to time, and suitably located for the purpose of garbage pickup. Requirements for garbage disposal are published in the Manchester Park newsletter from to time and violations are subject to fine and assessment.
• Garments, rugs, clothing or other household items may not be hung from windows, balconies or patio fences of the buildings. The balconies must be kept clean and neat at all times.
• Individual garage doors are to be kept closed at all times except for ingress or egress or when a person is present in the garage area.

5.3     Business Activity. Yard Sales.

• No business or commercial activity of any kind whatever shall be conducted on any lot or upon any portion of the property, unless:
  • The activity is an estate or yard sale, sponsored by or approved by the Association and held no more than two (2) times in any given year and a period not to exceed three (3) days; or,
  • The activity is conducted and carried out entirely within a single residence; and:
    
    
    • There is no sign or advertising of the activity anywhere on the property; and,
    • There is no odor, noise, vibration, smoke, dust, heat or glare noticeable outside the residence, even when doors and windows are open; and,
    • The activity is clearly secondary to the use of the residence as a residential dwelling unit and does not change the character of the residence as a residential property; and,
    • The activity does not unreasonably increase traffic within the property.

5.4     Pets. Domestic Livestock and Wildlife.

• No animals, livestock or poultry as any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other commonly maintained household pets of a type and quantity permitted by the City of Aurora may be kept, provided they are not kept, bred or maintained for any commercial purpose and do not make objectionable noises (e.g., barking) or other wise constitute a nuisance or inconvenience to any other resident. Each owner of a household pet shall be financially responsible and liable for any damage or any expense incurred by the Association as a result of keeping such pet.
• All pets must be registered with the Association. Forms are available from the management company.
• Pets on or in the common areas must be carried or be on a leash.
• Pet owners or designees must clean up pet soilage on common areas at the time of the incident.
• No animal shall be allowed to remain tied or chained to any balcony, patio or other part of the owner’s unit, nor to any portion of the common area. Any such animal so tied or chained may be removed by the Association or its agents after obtaining a court order to do so.
• Unleashed or unattended animals may be confined and turned over to the appropriate shelter or city authorities by any Association member, officer or Director without liability except for willful misconduct or gross negligence.
• Any pet owner in violation of these rules and regulations will be assessed a fine pursuant to the procedure outlined in Sectioon 7.2 of these Rules. The amounts to be assessed are:
  
  
  • First violation: $25.00
  • Second violation: $50.00
  • After three violations, the Association may require the pet to be removed from the complex or continue to assess the owner at $50.00 per violation.

   

• Harboring or feeding of any undomesticated animals (e.g., birds, squirrels, etc.) is expressly prohibited. Violations will be subject to the same assessment schedule as that for violation of pet rules and regulations.

5.5     Display of Signs.

• No advertising signs, billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on the common area or lot, including patio fences or balcony railings; except that owners may have one temporary sign of not more than five square feet containing the words “For Sale”, “For Lease”, or “For Rent” and which is placed in a window of the residence. Such signs may also be placed in owner garden areas or, with prior approval by the Architectural Control Committee, on the common area in the immediate vicinity of the owner unit. Damage to landscaping or to underground utilities, including sprinkling systems, will be the responsibility of the owner or owner’s agent and repair costs will be paid by the owner.
• One political sign per political office or ballot issue that is contested in a pending election may be displayed by owners so long as the sign does not exceed thirty six inches by forty eight inches and is placed only upon the owner’s property and not on the commons (including patio fences). Such signs may not be placed earlier than 45 days before the day of election and must be removed no later than 7 days following the election. “Political Sign” means a sign carrying a message intended to influence the outcome of an election, including the supporting of or opposing a candidate, the recall of a public official or the passage of a ballot issue.

5.6     Display of Flags.

• Unit owners may display one American flag on their residence, including an attached balcony, and subject to the following conditions:
  • Flags may not be more than 24 square feet in size.
  • If not in a window, the flag may be displayed on a staff, not more than 6 feet in length, and projecting horizontally or at an angle and firmly attached to the building or balcony by means of a bracket.
  • The flag shall only be displayed between sunrise and sunset and not displayed during inclement weather, except when an all-weather flag is used.
  • When on a staff, the union of the flag should be at the peak; when in a window the union should be at the top left from the position of a street observer.
  • The flag should not touch anything beneath it when it is displayed.
  • Placement location of the flag shall be subject to review and approval of the Architectural Control Committee.

   

• Unit owners may display a military service flag bearing a star denoting the service of the owner or a member of the immediate family of the owner who is in active or reserve military service during a time of war or armed conflict.
  • Such flag may be displayed only on the inside of a window or on the door of the owner’s residence.
  • The maximum size of such a flag shall not be less than nine inches by sixteen inches or more than two feet by three feet.

5.7     Parking of Vehicles. Emergency Vehicles and Trailers.

• Owners may park their vehicle on a street, driveway or guest area on or within Manchester Park property if all of the following conditions are met:
  • The vehicle is required to be available at designated periods at the unit owner’s residence as a condition of the unit owner’s employment.
  • The vehicle has a gross vehicle weight rating of ten thousand pounds or less.
  • The unit owner is a bona fide member of a volunteer fire department or is employed by an emergency service provider defined in C.R.S.
  • Section 29-11-101(1.6) as a primary provider of emergency fire fighting, law enforcement, ambulance, emergency medical, or other emergency service.
  • The vehicle bears an official emblem or other visible designation of the emergency service provider.
  • Parking can be accomplished without obstructing emergency access such as fire lanes or interfering with the reasonable needs of other unit owners to use streets and driveways within the common interest community.
• There shall be no parking where indicated by “No Parking” signs or yellow markings on the streets and curbs.
• No vehicle shall be parked and left unattended in the common garage area at any time.
• No vehicle shall be parked in such a manner as to impede or prevent ready access to any entrance or exit of a building. Aurora Traffic Code 11-1-A/l states that no vehicle shall park within five feet of either side of a driveway.
• No repair to vehicles shall be made on the premises or in the common garages. No oil, grease or other contaminants shall be placed or allowed in the drain in the common garage. Damage to and oil, grease or paint stains on the floor of the common garage shall be cleaned or repaired by the unit owner responsible. The Association will assess known violators of this policy by a fine of $25.00 and costs if the owner does not repair or clean the floor.
• No parking or storage of any type of house trailer, camper, camping trailer, boat trailer, running gear, boat, truck exceeding a rated load capacity of one ton, self contained motorized recreational vehicle or accessories thereto, or commercial vehicle with conspicuous signs, graphics or accessories thereto shall be permitted on any lot, parking area, street or drive unless specifically designated by the Association therefore, unless contained in an individual enclosed garage. Such vehicles may be parked as a temporary expedient for loading, delivering, emergency, etc. This restriction shall not restrict trucks or other commercial vehicles within the properties which are necessary for the construction or residential dwellings or maintenance of the common area.
• No abandoned or inoperable vehicles of any kind shall be stored or parked within the property except in an enclosed, individual garage. The definition of an “abandoned or inoperable vehicle” shall include, without limitation, any automobile, truck or other vehicle which does not have an operable propulsion system installed therein, or which is otherwise inoperable, or which has an invalid registration or expired license plate. In the event that the Association shall determine that a vehicle is abandoned or inoperable, then a written notice describing said vehicle shall be personally delivered to the owner thereof or shall be conspicuously displayed upon the vehicle. If the vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall have the sole responsibility for all towing and storage costs as incurred by the Association.
• Vehicles parked or left unattended in firelanes or in other places so as to impede ready ingress and egress from common garages or driveways are subject to towing by the Association and the owner will be assessed towing and storage costs.

5.8     Swimming Pool Use.

• Each owner is provided one key or swipe card to the pool entrance and one key for the restrooms. Lost keys may be obtained from the management company at the cost of replacement.
• Only owners in good standing (no outstanding unpaid assessments or other violations of Association rules and regulations), family members, and their guests, may use the pool. Four guests are permitted per unit at any one time. Guests must be accompanied by a resident.
• There is no life guard. Each person uses the pool at his/her own risk.
• Children under the age of 14 must be accompanied by an adult, age 18 or older, unless they can demonstrate swimming proficiency to the Board. Red Cross certification is among the proffs which the Board will accept to demonstrate such proficiency.
• Pool hours are 6:00 A.M. to 10:00 P.M. every day during season, normally Memorial Day weekend to Labor Day weekend. No swimming is permitted at any other time.
• Proper swimming attire must be worn at all times. Nude or partially nude sunbathing is not permitted. Absolutely no street clothes are permitted in the pool.
• No pets, except for service dogs, are allowed in the pool area.
• No glass containers are allowed in the pool area.
• The pool gate must be closed and locked at all times and never propped open.
• The pool cannot be reserved at any time. Pool parties must have prior approval of the Board.
• Litter must be placed in trash containers. Violators will be fined.
• No diving is permitted and flotation devices must be used with care to avoid injury to other swimmers.
• The Association is not liable for personal articles left in the pool area.
• Damage to pool furniture and facilities, other than normal wear and tear, will result in fines and repair and replacement cost assessments, as well as loss of pool privileges.

5.9     Tennis Court Use.

• Each owner is provided one key to the tennis courts.
• Hours are 6:00 A.M. to 10:00 P.M.
• No animals are allowed in the tennis court area except service dogs.
• Tennis shoes only must be worn.
• The tennis courts are only for playing tennis and not other use is allowed..
• Time limits:

1. Singles: 1 ½ hours.
2. Doubles: 2 hours.

• The Association is not liable for any personal items left unattended on the tennis courts or the surrounding areas.
• Tennis is a summer sport and the tennis courts will not be maintained during the winter. The tennis courts will be cleaned once a year in the spring.
• The Association has the power to suspend the voting rights and right to use the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed 60 days for infraction of the published “Rules and Regulations” of the Association. The use of the recreational facilities by residents or guests of a unit which has had its privileges suspended will result in the assessment of a $25.00 fine for each occurrence.

6.0          ASSESSMENTS AND PAYMENTS

• Each owner is obligated for common expenses of the Association as annual assessments (commonly payable in monthly installments), as well as special assessments and default assessments and such other assessments as may be imposed by the Association including fees, charges, late charges, attorney fees, fines and interest charged by the Association. Detailed terms and conditions are provided in Article V of the “Declaration”.
• “Common Expense” assessments are based upon the annual budget of cash expenses required to provide for the administration and performance of Association duties during the assessment year (January 1-December 31), including a contribution to reasonable reserves. Common expense assessments are levied uniformly on all units.
• The management company provides payment coupons to each owner and payments are sent to the bank holding Association accounts, not to the management company.
• Non-payment of assessments results in delinquency remedies by the Association. If an assessment installment is not paid within 15 days of the due date (the first calendar day of each month) the installment is considered “late” and is subject to a late charge, currently $20.00, which is added to the assessment due. Continued non-payment will be assessed interest charges and can escalate into legal action including placing a lien on the unit and continuing subsequently to foreclosure proceedings.
• If any unit owner fails to pay assessments or any money or sums due to the Association in a timely manner, the Association may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding.

7.0          ENFORCEMENT OF RULES AND REGULATIONS

7.1     General Responsibilities and Conditions.

• The Association, or any owner, shall have the right to enforce, by any law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the Declaration. Failure by the Association or by any owner to enforce any rights hereunder shall in no event be deemed a waiver of the right to do so thereafter.
• Enforcement procedures under these rules and regulations may be imposed without regard to the prosecution and/or assessment of penalties for violation of any local ordinance and/or status of the City of Aurora, County of Arapahoe, and/or State of Colorado.
• If the Association succeeds in a legal action to enforce any provision hereof, the violating party shall be liable for costs, expert witness fees, and attorney fees that are incurred by the Association.

7.2     Procedures.

• All complaints pertaining to the alleged infraction of these rules and regulations must be submitted in writing to the Board of Directors. Such complaints should be sent to the Board in care of the management company. The complaint must state:
  
  
  • Name and identity of individual(s) committing the infraction.
  • Unit number and street address of the violator and nature of the relationship to the unit--owner, tenant, guest.
  • Identification of the rule or provision violated.
  • Date, time and place of the infraction.
  • Name, address and telephone number of the person(s) making the complaint and relationship to the Association (member, neighbor, etc.)
• Notice of the alleged complaint, subject to review by the Board, will be provided to the alleged violator. The complainant does not need to be identified in the notice. Violators may also be fined if the Board determines it to be appropriate; or violators may simply be requested to cease and desist the violation with the proviso that fines for repeated violation will be imposed according to an appropriate schedule of fines, and assessments may be levied for expenses incurred by the Association in repairing damage or cleaning as a result of the violation.
• Should the alleged violator or owner wish to contest the complaint of violation and proposed penalties, written notice to this effect must be given to the management company within 15 days of receipt of the complaint notice. A hearing before the Board of Directors will then be scheduled for the next regular Board meeting. One postponement to the next regularly scheduled Board meeting will be permitted if the alleged violator or necessary witnesses are unable to meet at the first such scheduled meeting. All evidence presented will be considered by the Board in determination of the penalties, if any, to be imposed. The alleged violator and complainant will be notified of the Board’s determination within 30 days of the hearing.
• Any controversy between the Association and a unit owner arising out of a complaint and its proposed resolution by the Board may be submitted to mediation by either party to the controversy prior to the commencement of any legal action. The mediation agreement, if one is reached, may be presented to a court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice. If either party violates the stipulation, the other party may immediately apply to the court for relief.
• Binding arbitration may also be used to resolve disputes under Colorado law (Part 2 of Article 22 of Title 13, CRS).

8.0          RENTAL AND LEASE AGREEMENTS

• Each unit shall be used as a dwelling. Leasing or renting for transient or business purposes is not permitted. Any owner who leases his/her lot or the improvements thereon shall be required to provide in the lease that the leased property and lessee are subject in all respects to the provisions of the rules and regulations, the Declaration, the articles of incorporation and the by-laws of Manchester Park Townhome Owners Association. Any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing and shall be for a minimum of three months.
• A copy of each lease will be filed with the management company.
• There shall be no more people residing in a townhouse than are allowed by the zoning ordinances of the City of Aurora.
• Any non-owner residing in any townhouse shall be subject to these rules and regulations in the same way as would an owner, subject to all the rights and liabilities thereof. Any fines incurred by the non-owner resident and not paid within 30 days shall be the liability of the owner of the townhouse and shall be added to and due with the regular assessment payment.

9.0          ADOPTION AND REVISION OF POLICIES, PROCEDURES AND RULES

9.1     Initiation and Evaluation Process.

• The following policy and procedures apply to all persons who seek to create or revise policies, procedures and rules for the Association.
• Upon its own initiative or upon petition of any member of the Association, when the Board determines that a need exists to create or revise policies, procedures or rules of the Association, the Board will appoint a committee to perform the following functions:
  • Identify the source of the Board’s authority to make the policy, procedure or rule.
  • Determine the need for the policy, procedure or rule. Evaluate the scope and importance of the proposal; verify that the policy, procedure or rule does not exist; and verify that existing documents are insufficient to address the issue.
  • Evaluate the immediate impact and long-term implications of adopting the proposed policy, procedure or rule.
  • Verify that the proposal is valid, and enforceable, considering such factors as relationship to the community’s operation and purpose, reasonableness, fairness and clarity.
  • Have the Association Counsel review the proposal to assure that it is legally enforceable and compatible with all governing documents.

9.2     Adoption Process.

• Following the evaluation process, the Board shall give 30 days notice of the proposed policy, procedure or rule to owners and residents for public comment.
• The Board will then take up the proposal in resolution format for consideration and vote. A quorum of the Board must be present for the vote. A majority of those present for the vote shall be required for adoption. The minutes of the meeting must record the text of the proposal and its final form and the vote.
• The Board will then give notice of the adopted policy, procedure or rule to the Association members, including the effective date of the new policy, procedure or rule