BY-LAWS OF HOLIDAY BEECH VILLAS
(as amended September 2018)
​ARTICLE VI
OPERATING OF THE PROPERTY
SECTION 1. Determination of Common Expenses and Fixing of Common Charges. The Board of Directors shall from time to time, and at least annually, prepare a budget for the Condominium, determine the amount of the common charges payable by the Unit Owners to meet the common expanses of the Condominium, and allocate and assess such common charges among the Unit Owners with each Unit Owner of a one bedroom condominium paying the same common charge as the owner of any other one bedroom condominium unit, and each owner of a two bedroom condominium unit paying the same common charge as the owner of any other two bedroom condominium unit. It is the purpose of this amendment to provide that the common charge is assessed to comply with the requirement that the common charge is based upon the fair market value of all the units in the condominium. The common expense shall include, among other things, the cost of all insurance premiums on all policies of insurance required to be or which have been obtained by the Board of Directors pursuant to the provisions of the Declaration. The common expenses may also include such amounts as the Board of Directors may deem proper for the operation and maintenance of the Property, including without limitation an amount for working capital of the Condominium, for a general operating reserve, for reserve fund for replacements, and to make up any deficit in the common expenses for any prior year. The common expenses may also include such amounts as may be required for the purchase or lease by the Board of Directors or its designee, corporate or otherwise, on behalf of all Unit Owners, of any Unit whose Owner had elected to sell or lease such Unit or of any Unit which is to be sold at a foreclosure or other judicial sale. The Board of Directors shall advise all Unit Owners, promptly, in writing, of the amount of common charges payable by each of them, respectively, as determined by the Board of Directors, as aforesaid, and shall furnish copies of each budget on which such common charges are based, to all Unit Owners and to their mortgagees.
SECTION 2. Payment of Common Charges. All Unit Owners shall be obligated to pay the common charges assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article VI at such time or times as the Board shall determine.
No Unit Owner shall be liable for the payment of any part of the common charges assessed against his/her unit subsequent to a sale, transfer or other conveyance by him (made in accordance with the provisions of the Declaration and applicable restrictions of record) of such unit, together with his/her interest in the common areas and facilities (and Limited Common Areas, if any) as defined in the Declaration. A purchaser of a unit shall be jointly and severally liable with the seller for the payment of common charges assessed against such unit prior to the acquisition by purchaser of such unit without prejudice to the purchaser s right to recover from the seller the amount paid by the purchaser therefor; provided that a mortgagee or other purchaser of a unit at a foreclosure sale of such unit shall, not be liable for and such unit shall not be subject to a lien for the payment of common charges assessed prior to the foreclosure sale. Such unpaid common charges shall be deemed to be common charges collectible from all of the Unit Owners including such purchaser, his/her successor and assigns.
SECTION 3. Collection of Assessments. The Board of Directors shall assess common charge. against the Unit Owners from time to time and at least annually and shall take prompt action to collect any common charge due from any Unit Owner which remains unpaid for more than 30 days from the date due for payment thereof.
SECTION 4. Default in Payment of Common Charges. In the event of default by any Unit Owner in paying to the Board of Directors the common charges as determined by the Board, such Unit Owner shall be obligated to pay interest at the legal rate on such common charges, and/or late fees from the due date thereof, together with all expenses, including attorney's fees (if permitted by law), incurred by the Board in any proceeding brought to collect such unpaid common charges. The Board shall have the right and duty to attempt to recover such common charges, together with interest thereon, and the expenses of the proceeding, including attorney's fees (if permitted by law), in any action to recover the same brought against such Unit Owner, or by foreclosure of the lien on such unit in like manner as a deed of trust or mortgage of real property.
SECTION 5. Foreclosure and Liens for Unpaid Common Charges. In any action brought by the Board to foreclose on a unit because of unpaid common charges, the Unit Owner shall be required to pay a reasonable rental for the use of his/her unit and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Board, acting on behalf of all Unit Owners, or on behalf of any one or more individual Unit Owners if so instructed, shall have the power to purchase such unit at the foreclosure sale and to acquire, hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same subject, however, to applicable restrictions of record. A suit to recover a money judgment for unpaid common charges shall be maintainable without foreclosing or waiving the lien securing the same. Any foreclosure brought under this Section and Section 4 of this Article shall not affect the validity of any outstanding mortgage or deed of trust which encumber the unit.
SECTION 6. Statement of Common Charges. The Board of Directors shall promptly provide any Unit Owner so requesting the same in writing, with a written statement of all unpaid common charges due from such Unit Owner.
SECTION 7. Abatement and Enjoinment of Violations by Unit Owners. The violation of any rule or regulation adopted by the Board or the breach of any By-Laws contained herein, or the breach of any provisions of the Declaration, shall give the Board the right, in addition to any other rights set forth in these By-Laws:
(a) to enter the unit in which or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or conditions that may exist therein contrary to the intent and meaning of the provisions hereof, and the Board shall not thereby be deemed guilty in any manner of trespass, or
(b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.
SECTION 8. Maintenance and Repair.
(a) All maintenance and any repairs to any unit, structural or non-structural, ordinary or extraordinary, (other than maintenance of and repairs to any common areas and facilities contained therein, and not necessitated by the negligence, misuse or neglect of the owner of such unit) shall be made by the owner of such unit. Each Unit Owner shall be responsible for all damages to any and all other units and/or to the common areas and facilities that his/her failure so to do may engender.
(b) All maintenance, repairs, and replacements to the common areas and facilities, whether located inside or outside of the units (unless necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner), shall be made by the Board and be charged to all the Unit Owners as a common expense.
(c) That the individual unit owner will be charged with the responsibility of repair to exterior doors, windows and screens, unless such damage is caused by building structural fault and that this determination of financial responsibility would be made by the Holiday Beech Villas Condominium Owners Board of Directors.
SECTION 9. Additions, Alterations or Improvements by Unit Owners. No Unit Owner shall make any structural additions, alteration, or improvement in or to his/her unit, without the prior written consent thereto of the Board of Directors. The Board shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement in such Unit Owner s unit, within thirty (30) days after such request, and failure to do so within the stipulated time shall constitute a consent by the Board of Directors to the proposed addition, alteration or improvement.
SECTION 10. Use of Common Areas and Facilities. A Unit Owner shall not place or cause to be placed in the lobbies, vestibules, public halls, stairways or other common areas and facilities, other than a patio or porch to which such Unit Owner has sole access or joint access, and other than the areas designated as storage areas, any furniture, packages or objects of any kinds. The lobbies, vestibules, public halls and stairways shall be used for no purpose other than for normal. transit through them.
SECTION 11. Right of Access. A Unit Owner shall grant a right of access to his/her unit to the managing agent and/or any other person authorized by the Board of Directors or the managing agent, for the purpose of making inspections or for the purpose of correcting any condition originating in his/her unit and threatening another unit or a common area and facility, or for the purpose of performing installations, alterations or repairs to the mechanical or electrical services or other common areas and facilities in his/her unit or elsewhere in the building, or to correct any condition which violates the provisions of any mortgage covering another unit, provided that requests for entry are made in advance and that any much entry is at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not.
SECTION 12. Rules of Conduct. Rules and regulations concerning the use of the units and the common areas and facilities may be promulgated and amended by the Board with the approval of the unit owners having a majority of the total votes. Copies of such rules and regulations shall be furnished by the Board to each unit prior to the time when the same shall become effective.
SECTION 13. Water Charges and Sewer Rents. Water may be supplied to all of the units and the common areas and facilities through one or more meters and, if so, the Board shall pay, as a common expense, all charges for water consumed on the Property, including the units, together with all related sewer rents arising therefrom, promptly after the bills for the same have been rendered. In the event a proposed sale of a unit by the owner thereof, the Board on request of the selling Unit Owner shall execute and deliver to the purchaser of such unit or to the purchaser's title insurance company, a letter agreeing to pay all charges for water and sewer rents affecting the Property as of the date of closing of title to such unit, promptly after such charges shall have been billed by the Water Department.
SECTION 14. Electricity. Electricity shall be supplied by the public utility company serving the area directly to each unit through a separate meter and each Unit Owner shall be required to pay the bills for electricity consumed or used in his/her unit. The electricity serving the common areas and facilities shall be separately metered, and the Board of Directors shall pay all bills for electricity consumed in any portions of the common areas and facilities as a common expense.