Rules and Regulations of Twin Lakes Condominium Association

July 2005

The following Rules and Regulations were adopted by the Board of Directors of the Twin Lakes Condominium Association in accordance with paragraph 6.2 and may be added to, amended, or repealed at any time by the Board. They are designed to help accomplish three purposes: 1) to protect the integrity and condition of the entire condominium complex and thereby protect each owner’s investment, 2) to provide a safe and pleasant living environment for all owners and tenants and 3) to supplement and clarify the Condominium Declaration of Twin Lakes.

Under the terms of the Declarations, Bylaws, and these Rules and Regulations, owners shall be held responsible for the actions of their household members, guests, agents, tenants, and employees. Text included in italics are direct quotes from the Declaration. References at the beginning of each paragraph are to applicable paragraphs in the Declaration.

For reference purposes, paragraphs 5.4 (b) and (c) of the Declaration read as follows:

(b) Individual Assessment : The Board of Directors shall have the right to individually levy any Owner of Owners amounts as provided for by the Declaration, to include but not be limited to, charges levied under Paragraphs 2.14, 3.6, 6.3, 6.10, 7.2, 8.3 and 9.3 thereof.

No Individual Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws of the Association. Individual Assessments shall be collected as part of the Cost of Enforcement.

Individual Assessments may be levied at any time as required and are exempt from any voting requirements by the membership required for other assessments called for under the Declaration.

(c) Fines: The Board of Directors of the Association shall have the right to levy a Fine against any Owner or Owners for each violation of this Declaration, the Bylaws, Articles and the Rules and Regulations of the Association. No such Fine shall be Levied until the Owner or Owners to be charged have been given a Notice of Hearing as provided for in the Bylaws of the Association.

Fines may be levied in a reasonable amount as determined from time to time by the Board of Directors in its discretion and uniformly applied. Fines shall be collected as part of the Costs of Enforcement. Fines may be levied at any time as required and are exempt from any voting requirements by the membership required for other assessments called for under the Declaration.

INDEX

Rules Declaration of Covenants & Conditions and Regulations Restrictions

Antennas and Other Exterior Equipment

Balconies and Patios

Dumpster

Entrances, Hallways & Walks

Exterior Lights

Exterior Modifications

Fireplaces

Grills

Grounds Upkeep

Lease of a Condominium Apartment

No Unsightliness

Noise

Nuisances

Owner Caused Damages

Painting Limited Common Areas

Pets Within The Condominium Community

Pool and Hot Tub

Policy and Procedure For Imposition of Fines

Prohibition of Certain Activities

Restrictions on Signs

Storage

Structural Modifications

Use & Occupancy of the Condo Apartments

Use of the Common Elements

Use of Recreational Areas

Vehicular Parking, Storage & Maintenance

Water Beds and Furniture

Window Coverings

6.1 Use and Occupancy of the Condominium Apartments. Each Owner shall be entitled to the exclusive ownership and possession of his or her Condominium Apartment. Subject to the Development and Special Declarant Rights reserved by the Declarant in ARTICLE TEN hereof and the exemptions for the Declarant set forth in Paragraph 6.14 hereof, no Condominium Apartment within the Condominium Community shall be used for any purpose other than single-family residential purposes as generally defined or for a home occupation so long as (a) such occupation is allowed by the local Zoning codes, (b) employs no outside employees, and (c) requires no signage or parking, provided, however, that uses described as “day care” or “child care” facilities (licensed or unlicensed) are expressly prohibited unless approved by the Board of Directors.

6.2 Use of the Common Elements. Each Owner and his or her Guests may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. The Board of Directors may adopt Rules and Regulations governing the use of the common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner’s guests occupying the Apartment agree to be bound by any such adopted Rules and Regulations.

There shall be no obstruction of the Common Elements, nor shall anything be stored on any part of the Common Elements without the prior written consent of the Board of Directors. Nothing shall be altered, construction on, or removed from the common Elements except upon the prior written consent of the Board of Directors of the Association.

a) ENTRANCES, HALLWAYS AND WALKS . No object of any kind shall obstruct access to the condominium entrances, hallways or exterior stairways. The following items are strictly prohibited within these areas:

  • Storage receptacles
  • Trash, trash bags or trash receptacles
  • Bicycles or any other vehicle with wheels
  • Toys

b) GROUNDS UPKEEP . The Condominium Community maintains a high degree of grounds maintenance. The Association requests that you help in maintaining our high standards.

c) DUMPSTER . There are dumpsters conveniently located in the Condominium Community. Please insure that your trash is placed in plastic bags and securely tied before placing it in the compactor or dumpster, not beside it. You must break down boxes before placing them in the dumpster. All gates must be closed and latched when not in use.

d) EXTERIOR LIGHTS . If exterior lights are out of order, residents are responsible for notifying the Association so they can be returned to working order.

d) EXTERIOR MODIFICATIONS . No Owner shall modify, alter, repair, decorate, redecorate, or improve the exterior of any Unit or any of the Common Elements (the exterior of the buildings, grounds, parking lots etc.) without the express written approval of the Board. This includes but is not limited to the installation of gas fireplaces.

e) STRUCTURAL MODIFICATIONS .- No Owner shall perform an act or any work that will impair the structural soundness or integrity of any improvements or impair any easement. This includes but is not limited to the installation of gas or electric fireplaces and hardwood flooring in the second or third floor units.

g) PAINTING LIMITED COMMON ELEMENTS. Limited Common Elements are those part of the Common Elements that are limited and reserved for the exclusive use of the Owner of a particular unit. Homeowners/residents are permitted to repaint the wooden trim work within the limited common elements (porch, balcony, deck) of their respective condominium unit. The Association will not supply paint for this purpose, however, Hast & Company will provide the color code, the name of the paint manufacturer, and the location for purchase of specified paint to members of the Association upon request. It is understood that no individual has permission to paint any trim in the common elements (entryways, stairways, etc.). Also, no individual is permitted to paint the exterior siding in any way. Any work resulting from clean up of spilled paint or damage to another condominium unit or to the general property of the Association will be addressed by the Board of Directors and billed to the owner of the unit. Using an incorrect paint color or paint finish will be defined as damage to the property.

h) The Board of Directors and the Association are not liable for any loss, theft, injury or accident resulting form the use of the recreational areas (pool, hot tub and tennis court).

Pool and Hot Tub Rules and Regulations

The Board of Directors and the Association are not liable for any loss, theft, injury or accident resulting form the use of the Pool and Hot tub . There is no lifeguard on duty and those using these recreational facilities do so at their own risk.

The pool shall be open daily from 6:00 a.m. to 10:00 p.m. beginning on the Memorial Day weekend and ending Labor Day weekend.  The gates will be locked from 10 pm until 6 am. This schedule is not seasonally related, and will be in effect 12 months a year.

Only those with proficient swimming capabilities are allowed to use the pool.

No children under the age of 12 are permitted in the pool or hot tub without adult supervision.

The hot tub can present risks for the very young, pregnant woman, those with chronic health problems, or the elderly.

All persons using the pool must have a valid recreational pass with them at all times and shall show such pass to a security guard or a Board member of either the Twin lakes Condominium Association or the Brandon Creek Association upon request. Anyone not having a valid pass will be asked to leave the pool area.

All persons using the pool must wear attire made specifically for swimming. Jeans, cutoffs, shorts, or tee shirts are not allowed.

No food or drinks are allowed in the pool or spa.

No glass containers are allowed in the pool area.

No diving is permitted.

No running or horseplay is allowed in or around the pool area.

Radios with earphones are allowed. Please be considerate of others when using a cell phone.

No bicycles, roller skates/blades or skateboards are allowed in the pool area.

No animals are allowed in the pool area, with the exception of service animals. Service animals are not allowed in the water.

6.3 Pets Within the Condominium Community . No pets, livestock, birds, poultry, reptiles or insects of any kind, shall be raised, bred, kept or boarded in or on any portion of the condominium Community; except that dogs, cats or other customary household pets may be kept thereon if they are not raised, bred or maintained for any commercial purpose, and are not kept in such number or in such manner as to create a nuisance or inconvenience to any residents of the Condominium Community.

The Board of Directors shall have the right and authority to determine in its sole discretion that dogs, cats or other household pets are being kept for commercial purpose or are being kept in such number or in such manner as to be unreasonable or to create a nuisance, or that the Owner is otherwise in violation of the provision of the Paragraph. The Directors shall take such action or actions as it deems reasonably necessary to correct the violation to include after Notice and Hearing, directing permanent removal of the pet or pets from the Condominium Community.

Household pets shall not be allowed to run at large within the Condominium Community, but shall at all times be under the control of such pet’s Owner and such pets shall not be allowed to litter the Common Elements.

Household Pets shall not be left alone on any deck or balcony at any time. The Board of directors is granted the Authority to enforce the provisions of this Paragraph by the levy of Fines against the Owner in accordance with Paragraph 5.4(c) hereof.

Reimbursement for damages caused by such pets and costs incurred by the Association, to include attorneys’ fees and costs, in the removal of a pet or pets from the Condominium Community or incurred by the Association in cleanup after such pets may be levied against such pets’ Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof.

6.4 Nuisances . No noxious or offensive activity shall be carried on within the Condominium Community, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or detract from its value as an attractive residential community. Habitually barking, howling or yelping dogs shall be deemed a nuisance.

6.5 Vehicular Parking, Storage and Maintenance. No house trailer, camping trailer, horse trailer, camper, camper shell, boat trailer, hauling trailer, boat or boat accessories, truck larger than one ton, recreational vehicle or equipment, mobile home, or commercial vehicle may be parked or stored anywhere within the Condominium Community so they are visible from neighboring Units or from the street for a period of more than three days except in emergencies or as a temporary expedience. This applies to vehicles referred to above even if they are licensed by the State of Colorado or any other jurisdictions and “passenger vehicles”. No emergency or temporary parking or storage shall continue for more than seventy-two hours. See following page for additional information.

No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within the Condominium Community except in emergencies. Any “abandoned or inoperable vehicle” shall be defined as any of the vehicles listed above or any other kind of passenger vehicle which has not been driven under its own propulsion for a period of one week or longer, or which does not have installed within it an operable propulsion system: provided however, that any vehicle belonging to any Owner which is otherwise permitted will not be deemed to be abandoned while the Owner is ill or out of town. The Board of Directors shall have the right to remove and store a vehicle in violation of this paragraph, the expenses of which shall be levied against the Owner of the vehicle as an Individual Assessment in accordance with Paragraph 5.4(b) hereof.

No vehicle maintenance shall be allowed within the Condominium Community.

Owners are encouraged to keep their garage doors closed except when in use.

6.6 No Unsightliness . No activity shall be conducted on any part of the Condominium Community which is or might be unsafe, unsightly, unhealthy or hazardous to any person. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in the Common Elements, including areas which are Limited Common Elements; and nothing shall be placed on or in windows or doors of Condominium Apartments which would or might create unsightly appearance.

Patios and balconies shall not be used for storage. No activity shall be conducted on any part of the condominium Community which is or might be unsafe or hazardous to any person. All rubbish, rash or garbage shall be regularly removed from the Condominium Community and shall not be allowed to accumulate thereon.

a) BALCONIES AND PATIOS . All balconies or patios must be kept clean and clear of all items that adversely affect the exterior appearance of the Condominium Community. Hanging of clothes, towels, rugs or other items on the balconies or patios is not permitted. Patios or balconies should not be used for anything except patio furniture, flower boxes and plants; they are not to be used for storage under any circumstances. For safety, please do not place plants, grills, etc. on balcony railings. Bicycles may not be hung from balconies.

b) GRILLS. No charcoal burning grills of any kind shall be allowed at any time for the purpose of grilling on any patio or balcony or any other area located within the condominium Community.Gas grills may be used only in accordance with local law.

6.7 Prohibition of Certain Activities . Nothing shall be done or kept in any apartment or in the Common Elements or any part thereof which would result in the cancellation of the insurance on the Condominium Community or increase the rate of the insurance on the Condominium Community over what the Association, but for such activity, would pay, without the prior written consent of the Board of Directors.

Nothing shall be done or kept in any Apartment or in the Common Elements which would be in violation of any statute, ordinance, regulations or other validly imposed requirement of any governmental body. No noxious, destructive or offensive activity shall be carried on in any Apartment or in the Common Elements, nor shall anything be done therein which may be or may ecome an annoyance or nuisance to others. No sound or vibration shall be emitted on any part of the condominium Community which is unreasonably loud or annoying.

a) NOISE You shall not make or permit to be made any disturbing noises or vibrations which would unreasonably interfere with the rights, comfort or convenience of other Unit owners. Televisions, stereo units, radios, musical instruments and exercise equipment are not to be used or played at such a volume or time that will annoy or disturb other Unit Owners of the Condominium Community. Loud voices or noisy animals will not be tolerated.

6.8 Antennas and Other Exterior Equipment . No exterior equipment or fixtures, including, but not limited to, the following shall be permitted without the written consent of the Board of Directors: radio, television, or the other types of antennas and satellite dishes; air conditioning units, swamp coolers, or other ventilation equipment; and any type or kind of wiring, ducts or pipes.

6.9 Restrictions on Signs . No signs or advertising of any nature shall be erected or maintained on any part of the Condominium Community without prior written consent of the Board of Directors. The Board shall permit the placing of (a) at least one sign of reasonable size and dignified form to identify the Condominium Community and the Units therein, and (b) one sign of dignified form any be placed inside an Owner’s Apartment for purposes of advertising the unit being for rent, sale or lease.

6.10 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner’s Guests, loss or damage shall be caused to the Common Elements, such Owner shall be liable and responsible for the payment of same. The amount of such loss or damage, together with costs of ollection and reasonable attorneys’ fees and costs, if necessary, may be collect by the Board of Directors from such Owner as in Individual Assessment against such Owner in accordance with Paragraph 5.4(b) hereof.

a.) WATER BEDS AND FURNITURE . Furniture of a weight heavier than ordinary household furniture is not allowed without the Association’s prior written approval. You will be solely responsible for any damage done to the Condominium Community by installation or use of any water bed or such furniture.

b) FIREPLACES . You shall only burn traditional firewood and URL approved pressed logs in the fireplaces. No trash, waste paper, rubbish or other materials shall be burned in the fireplaces.

c) STORAGE . No goods or materials of any kind or description which are hazardous, combustible r would increase fire risk shall be placed in the Unit or storage areas. Storage in such areas shall be at your own risk and the Association shall not be responsible for any loss or damages. Mechanical closets (those used solely for heating/air conditioning or water heater) are not to be used for storage purposes.

6.11 Lease of a Condominium Apartment . With the exception of a First Mortgagee who has acquired title to a Unit by virtue of foreclosing a first deed of trust or mortgage or by virtue of a deed in lieu of foreclosure, an Owner shall have the right to lease his or her Condominium Apartment upon such terms and conditions as the Owner may deem advisable, subject to the following:

    • any such lease or rental agreement must be in compliance with all applicable local, state and federal laws:
    • no Owner may lease or rent (i) less than his or her entire Condominium Apartment; (ii) for transient or hotel purposes; or (iii) for a term of less than thirty days;
    • any lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Articles of Incorporation and Bylaws of the Association, and the Rules and Regulations of the Association;
    • such lease or rental agreement shall state that the failure of the lessee or renter to comply with the terms of the Declaration, Bylaws, Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default and such default shall be enforceable by either the Board of Directors or the lessor, or by both of them to include, but not be limited to, eviction of the lessee from the apartment; and
    • the Board of Directors shall be furnished with a copy of the lease or rental agreement upon its request.

6.12 Window Coverings . Window coverings shall be blinds or verticals in colors of white or almond made of vinyl, aluminum, fabric or painted wood. A white or almond drapery or drapery liner that does not permit color to show through can also be installed. All other window coverings visible from the exterior of the condominium apartment must have the prior written approval of the Board of Directors.

The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above Restrictive Covenants and Obligations.

Policy and Procedure for Imposition of Fines:

Twin Lakes is a covenant-controlled community. The covenants are applicable to all areas within the complex, whether owned by the Association or individual owners. The covenants are enforced by the Board of Directors and penalties for infractions may be levied in accordance herein. Enforcement procedures under these rules and regulations may be exercised independently of any enforcement action taken by local or other governmental authorities. Failure by the Association to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so.

Owner Responsibility:

Each Owner shall be responsible for his/her own violations and for the violations of all of his/her related users. Parents are deemed responsible for rules violations committed by their children.

Notice/Hearing:

Prior to the levying of fines, persons liable for the payment thereof, must be provided notice and an opportunity to be heard.

Persons entitled to a hearing shall have the opportunity to be heard at the next regularly scheduled meeting of the Board of Directors immediately prior to the meeting.

Notice of violations required to be given shall be given to the following persons:

• In the case of a violation by a related user, notice shall be given to the owner of the unit.

• In the case of a violation by a tenant, notice shall be given to the tenant and the owner of the unit.

All notices shall be in writing and shall be deemed given when delivered personally or when deposited into the United States mail, sent first class postage prepaid, and addressed to the receiving party as follows:

• If to an owner, to his or her unit, or such other address as may be delivered, in writing to the property manager, and

• If to a tenant, to the unit where he/she resides.

Each violation must be substantiated by written documentation from one of the following:

• The property manager;

• A member of the Board of Directors, or

• An owner when delivered to a member of the Board of Directors or the property manager.

In the event the person entitled to a hearing fails to appear, he/she will be presumed to have acknowledged the violation and will be subject to all penalties for the occurrence of the violation.

Fine Schedule:

After notice and hearing, persons responsible for the violation shall be subject to the following schedule of fines:

For the first violation-$25.00

For the second violation-$50.00

For the third and subsequent violations-$75.00

For the fourth and subsequent violations-$100.00 per violation

Each owner shall be personally liable for all fines assessed against him/her or against his/her related users.

Each adult resident shall be personally liable for all fines assessed for the violations of minor residents of the units.

Distribution of Fee Assessments:

Payments received by Owners shall be applied to the Owner’s account in the following manner:

• Attorney’s fees and costs incurred by the Association and for which the Owner is responsible.

• Interest, which has accrued on all unpaid amounts, if any;

• Fines, late charges, or other monetary charges or penalties levied by the Association pursuant to the Association declaration of covenants or its rules.

• Past-due special assessments;

• Past-due assessments;

• Current special assessments; and

• Current assessments.