RESOLUTION OF THE EXECUTIVE BOARD OF BURLINGAME RANCH I CONDOMINIUM ASSOCIATION

Transcription

1 RESOLUTION OF THE EXECUTIVE BOARD OF BURLINGAME RANCH I CONDOMINIUM ASSOCIATION WHEREAS, Section 302(1)(a) of the Colorado Common Interest Ownership Act (C.R.S , et. seq.) and the Condominium Declaration of Burlingame Ranch I ( Declaration ), recorded on November 13, 2006 at Reception No in the Office of the Clerk and Recorder of Pitkin County, empower the Executive Board ( Board ) of Burlingame Ranch I Condominium Association, Inc. ( Association ) to adopt such Rules and Regulations deemed necessary to regulate use of the Common Elements, including Limited Common Elements, within the Association; and WHEREAS, the Executive Board ( Board ) has determined it to be in the best interest of the Association and its Members to adopt parking policies and parking enforcement procedures to govern Common Elements and Limited Common Elements; NOW THEREFORE, the Board adopts the following rules, regulations and enforcement procedures for parking within the Association and motor vehicles, which shall include, but not be limited to: motorized cars, electric cars, motorized trucks, motorcycles, motorized bikes and motorized scooters; MOTOR VEHICLES AND PARKING (A) Parking. The streets within the Association shall not be used for vehicular parking and all vehicles shall be parked in a designated parking space, out of the right of way, as more fully described below. (i) Owner/resident Parking. Owners and residents shall park their motor vehicles, which must display the Burlingame Ranch I parking permit, in any uncovered parking spot assigned to their Unit or in or directly behind any covered parking space assigned to their Unit without encroaching on the right of way, as the case may be. Motorcycles, motorized bikes and motorized scooters are not required to display a Burlingame Ranch I parking permit but are required to be parked in a parking space assigned to their Unit as more fully described in this Subsection (i). With the exception of emergency service vehicles, every vehicle owned or regularly used by Owners and residents must display an Association parking permit. An Owner or resident s failure to display a parking permit on his or her vehicle as set forth in this Subsection (i), may result in fining or towing, as applicable. (ii) Guest Parking. Guests of Owners/residents shall park in those parking spaces designated as Visitor Parking. Owners/residents are responsible for notifying their guests of the Association s parking restrictions. No guest shall park in one or more Visitor Parking spaces for more than a total of seven (7) days each quarter. A quarter shall commence on January 1 st, April 1 st, July 1 st, and October 1 st of any given year. If it is anticipated that a guest will exceed this maximum number of days they are permitted to park in a Visitor Parking space per quarter, the Owner or resident who is hosting the guest shall notify the Association to

2 request permission to exceed the allotted parking time per quarter and the guest may be required to rent a space for the additional time. Any vehicle driven by the guest of an Owner/resident which is parked in a space that is not designated as Visitor Parking shall be subject, without notice, to immediate towing. Owners and/or residents shall not at any time park their vehicles in parking spaces designated as Visitor Parking. The use of a Visitor Parking space by an Owner or resident may result in fining and/or towing, as applicable. (iii) Fire Lanes and Emergency Access. The parking of any vehicle, van, truck, motorcycle, trailer, camper and the like in any fire lane or emergency access lane, is expressly prohibited and shall constitute an emergency for towing purposes. Violation of this rule may result in fining and immediate towing of the vehicle, as applicable. (iv) Handicap Parking. No Owner and/or Resident shall park a vehicle in a handicap parking space unless the Owner and/or Resident has applied for, been granted and displays on their vehicle a Disabled Parking Permit or Disabled License Plate issued by the State of Colorado. Violation of this Rule may result in fining and towing of the vehicle, as applicable. (B) Prohibited Vehicles and Activities. Pursuant to the power of the Board to adopt rules as set forth in Article 6, Section of the Declaration and to regulate the use of Common Elements as set forth in Article 6, Section of the Declaration, the Board has adopted the following Rules and Regulations which all Owners, residents and guests shall comply with: (i) Recreational Vehicles. Outdoor parking of recreational vehicles, boats, trailers, motor homes, buses and campers is permitted within the season of use. Parking of such vehicles is limited to a period of 48 hours and must be completely within the parking space assigned to the Unit or specifically rented from the Association for such short-term or long-term parking or storage. Use of unassigned parking spaces, parking spaces designated as Visitor Parking, and parking on streets is prohibited. Violation of this rule may result in fining and towing of the recreational vehicle, boat, trailer, motor home, bus or camper, as applicable. (ii) Abandoned or Inoperable Vehicles. No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked in the Association. An abandoned or inoperable vehicle is defined as any automobile, truck, motorcycle, or other similar vehicle that does not have a current registration and license plate sticker, or which has not been driven under its own propulsion for a period of seventy- two (72) hours or longer, or which does not have an operable propulsion system installed within it. Vehicles parked by Owners while on vacation or during a period of illness, shall not be deemed abandoned. Violation of this rule may result in fining and towing, as applicable. (iii) Vehicle Maintenance and Repair. No maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind on any vehicle, trailer or boat may be performed or conducted anywhere in the Association, including on the streets or in fire lanes. However, this rule shall not prevent the washing and polishing of any vehicle in the Association.

3 (iv) Charging of Electric Vehicles. No electric vehicle shall be charged from any electrical source originating from the Unit of an Owner or resident. Instead, an Owner or resident wishing to charge an electric vehicle within the Association shall, after first obtaining written permission from the Association, have a charging station installed at the parking space designated for their Unit at the sole expense of the Owner or resident. The Owner or resident shall comply with all written requirements of the Association relative to the type and installation of the charging station and shall indemnify and hold the Association harmless from any and all liability relating in any manner whatsoever to the charging station. (C) Emergency Service Providers. In addition to the vehicles otherwise permitted to be parked in the Association, an Owner or resident who volunteers for a fire department or is employed by an emergency service provider may park a designated service vehicle with a weight rating of ten thousand pounds or less in a parking space assigned to his or her Unit. Any Owner or resident who qualifies to park a designated service vehicle in the Association shall register the vehicle with the Association by providing notice of the vehicle type to the Association s Board. The Association reserves the right to request employment documentation from the Owner. (D) Towing and Fines. (i) Enforcement. The Board may enforce these rules in accordance with any other policies and enforcement provisions adopted by the Board, which may include, without limitation, the right to impose fines or tow the vehicle. All enforcement remedies are cumulative and non-exclusive, and any remedy may be invoked at any time, in any order, without invoking any other remedy. (ii) Towing. Subject to applicable laws and ordinances, any vehicle parked or stored in violation of these rules may be towed by the Association at the sole risk and expense of the owner of the vehicle. Prior to a vehicle being towed, a written notice describing the vehicle shall be personally delivered to the owner of the vehicle (if the owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner of the vehicle cannot be reasonably ascertained). If the vehicle is not removed within twenty-four (24) hours from the delivery or placement of the written notice, the Association shall have the right to have the vehicle towed. The written notice shall also state that no future written notices shall be given prior to towing of the same vehicle for the same or similar offense. The Association shall not be liable to the owner, resident or guest of an owner or resident of such vehicle for trespass, conversion, damage to the vehicle or its contents or otherwise, and shall not be guilty of any criminal or civil act, and such towing shall not be grounds for relief of any kind. (iii) Motor Vehicle Fines. In addition to the Association s right to tow any vehicle in violation of the Declaration, Bylaws or these Rules and Regulations concerning motor vehicles and parking, and in addition to any towing expenses charged to the vehicle owner, the Owner shall also be subject to a reasonable fine assessment imposed by the Association, after notice and a hearing, as follows:

4 First offense/violation $50.00 fine may be assessed against the Owner. Second offense/violation $75.00 fine may be assessed against the Owner. Third offense/violation $ fine may be assessed against the Owner. Fourth and subsequent offenses/violations Fines shall be determined by the Board of Directors as set forth in Subsection (iv) below pertaining to Habitual Offenders. (iv) Habitual Offenders. An Owner/resident who accumulates four (4) or more violations within a twelve (12) month period will be deemed to be a habitual offender. Without limiting the Board s ability to tow a motor vehicle or fine in accordance with these Rules and Regulations, habitual offenders, continuing violations, or violations which have an indefinite commencement or termination date, shall all be subject to the maximum fine as determined by the Board. Further, in the event of a determination by the Board of a willful, wanton or flagrant disregard for the provisions of these Rules and Regulations, or based on the severity of the violation, the Board may impose such additional fines as are deemed reasonable by the Board without regard to the schedule set forth above. (v) Owner Responsible for Fines. The record Owners of real estate subject to the Declaration shall have the primary obligation to pay fines imposed for their actions and actions of their tenants and guests. (E) Exemptions and Exceptions. (i) No Exemption from Rules. Rotation of vehicles owned by the same Owner/resident or periodic movement of a vehicle, either under its own propulsion or by other means, for the purpose of circumventing these Rules, shall not exempt an Owner/resident or vehicle from the provisions of these Rules. (ii) No Waiver. Failure by the Executive Board of the Association to enforce any of these Rules and Regulations shall in no event be deemed a waiver of the right to do so thereafter. Adopted by the Board this day of, 200. Burlingame Ranch I Condominium Association, Inc. By: Title This Resolution was adopted by the Executive Board of Burlingame Ranch I

5 Condominium Association, Inc. on the day of, 2012 and is attested to by the Secretary of Burlingame Ranch I Condominium Association, Inc. Secretary