Highview Condominium II
Rules & Regulations (Revised 5/26/15)
House Rules
For the purpose of simplicity, common elements as used in the house rules, regulations and prohibitions -- means both the common elements and the limited common elements.
(These Rules appears in the initial prospectus of Highview Condominium II as Appendix A of the Bylaws. As Rules 20 indicates, the "rules and regulations may be added to, amended or appealed at any time by resolution of the Board".)
1. Except as provided in the Declaration and By-Laws, no industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, designed for profit, altruism, or otherwise, shall be conducted, maintained or permitted on any part of the property, nor shall any For Sale, For Rent or For Lease signs or other window displays or advertising be maintained or permitted on any part of the property or in any unit therein nor shall any unit be used or rented for transient, hotel or motel purposes. The right is reserved by the Sponsor and the Board of Managers, or its agents to place For Sale, For Rent or For Lease signs on any unsold or unoccupied units, and the right is given to any mortgagee who may become the owner of any unit to place such signs on any unit owned by such mortgagee, but in no event will any such sign be larger than one (1) foot by two (2) feet.2. Nothing shall be done or kept in any unit or the common elements that will increase the rate of insurance of the building, or its contents, without the prior written consent of the Board of Managers. No unit owner shall permit anything to be done or kept in his unit or in the Common elements that will result in the cancellation of insurance on the building, or its contents, or that would be in violation of any law. No unit owner or occupant or any of his agents, servants, employees, licensees or visitors shall at any time bring into or keep in his unit, parking spare or vestibule, any flammable, combustible or explosive fluid, material, chemical or substance (except gasoline in automobile tanks). No waste shall be committed in the common elements.
3. All radio, television or other electrical equipment of any kind or nature installed or used in each unit shall fully comply with all rules, regulations, requirements or recommendations of the New York Board of Fire Underwriters and the public authorities having jurisdiction, and the unit owner alone shall be liable for any damage or injury caused by any radio, television or other electrical equipment in such unit.
4. Nothing shall be done in any unit or in, on or to the common elements that will impair the structural integrity of the building or that would structurally change the building.
5. Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Board of Managers.
6. No animals, birds or reptiles of any kind shall be raised, bred or kept in any unit or in the common elements, except that dogs, cats or other household pets, not to exceed two per unit, may be kept in units, subject to the rules and regulations adopted by the Board of Managers, provided they are not kept, bred or maintained for any commercial purposes; and provided further that any such pet causing or creating a nuisance, unreasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days written notice from the Board of Managers. No dogs are permitted in any portion of the common elements unless carried or on a leash. No dogs are permitted in common area garden plots under any circumstances.
7. No noxious or offensive activity shall be carried on in any unit or in the common elements, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other unit owners or occupants.
8. There shall be no obstruction of the common elements nor shall anything be stored in the common elements without the prior consent of the Board of Managers. Each unit owner shall be obligated to maintain and keep in good order and repair his unit in accordance with the provisions of the By-Laws.
9. Except in areas designated as such by the Board of Managers or in the Declaration, there shall be no playing, lounging or parking of baby carriages or playpens, bicycles, wagons, toys, vehicles, benches or chairs, on any part of the common elements (except that limited common elements may be used for their intended purpose). Storage by owners in areas designated by the Board of Managers or in the Declaration shall be at their own risk.
10. No clothes, sheets, blankets, laundry or other articles of any kind shall be hung out of a unit or exposed on any part of the common elements. The common elements shall be kept free and clear of rubbish, debris and other unsightly materials. Rugs or mops shall not be shaken or hung from or on any of the windows, doors, railings or vestibules. A unit owner shall not sweep or throw or permit to be swept or thrown any dirt or other substance from the unit.
11. Each unit owner shall keep his unit in a good state of preservation and cleanliness and each unit owner is obligated to maintain and keep in good order and repair his unit in accordance with the provisions of the By-Laws.
12. No vestibule shall be decorated or otherwise altered without the consent in writing of the Board of Managers.
13. All floors shall always be covered with carpet and padding (except baths and kitchens) to reduce transmission of impact sound.
14. There shall be no barbecuing in the units or any other common areas except areas specifically designated for barbecuing by the Board of Managers.
15. No washing of automobiles shall take place on any of the property. The parking spaces may not be used for any purpose other than to park passenger automobiles, excluding specifically. trucks, commercial vehicles or trailers.
16. The Board of Managers may enforce the designation of a parking space for the use of a unit owner by having unauthorized cars using such space towed away. The Board of Managers may promulgate and enforce other reasonable parking regulations.
17. The agents of the Board of Managers of the managing agent, and any contractor or workman authorized by the Board of Managers or the managing agent, may enter any room or unit in the building at any reasonable hour of the day to inspect such unit for the presence of vermin, insects or pests and to take such measures as may be necessary to control or exterminate any such vermin, insects or other pests.
18. The Board of Mangers shall not be responsible for keys to units. In the event of an emergency, i.e. flooding, broken heating pipes, etc. the designated agent has the right to gain access to a unit, so repairs can be made. In the event a Unit Owner or Tenant is not available to provide entry to a unit, the designated agent has the right to contract a locksmith to gain access. The cost of contracting a locksmith will be billed to the owner of the unit. No unit owner shall replace a knocker on any door of the unit without the written consent of the Board of Managers.
19. If any key or keys are entrusted by a unit owner or occupant or by his agent, servant, employee, licensee or visitor to an employee of the Board of Mangers, whether forisuch unit or in an automobile, trunk or other item of personal property, the acceptance of the key shall be at the sole risk of such unit owner or occupant, and the Board of Managers damage of any nature resulting therefrom.
20. Any consent or approval given under these rules and regulations may be added to, amended or appealed at any time by resolution of the Board.
21. In order to retain the structural integrity and esthetic appearance of the building, no window or through the wall air conditioning appliances may be installed in any unit.
22. Management must be notified in advance and approve in writing of all plumbing and electrical repairs and renovations, or in case of any other repair or renovation project within a unit such as bath tub or floor refinishing that may transmit hazardous fumes or particulate matter beyond the unit under renovation. The written approval received from management must specify the days and times of approved work before the work commences.
In order to verify that projects are carried out in accordance with building rules and in order to assure that the building super is available in case of potential emergency situations, management may determine that a given project may not be conducted beyond the super's regular work hours.
In cases of emergency, the super or management must be notified before repair work commences in order for the building super and management to evaluate the situation’s impact on surrounding units and to avoid a fine. NYC Building and Fire code rules must be followed.
23. All regular household garbage is to be disposed of by using compactor chutes located in compactor chute rooms on each floor. Special disposal procedures apply for lobby-level residents. Only items recycled under NYC Sanitation code are to be brought to the recycling area on the lobby-level for disposal. For all items not suitable for disposal down the compactor chutes (including construction debris, appliances, furniture, carpeting), special arrangements are to be made in advance with the super (see moving rules) to assure that no damage occurs to common areas and that all items are properly stored in the buildings Martha Street garbage cage until Sanitation collection day.
24. Unit owners shall grant management with timely access to their units for service of common elements and assurance of bylaws compliance in accordance with Bylaws Article V, Section 17.
25.All unit owners and tenants must maintain a condo insurance policy (i.e. renters/homeowner's insurance) to cover their potential liability to surrounding units and common property for damages caused by their negligence, improperly maintained installations, or any other failure sourced from within their unit or personal property. Proof of active coverage is to be provided to management.
26. The Board of Managers may bring legal action against a unit owner to enforce the By-laws, Rules and Regulations (including violations by the tenants of that owner) and to recover any damages and/or fines associated with the violation of the By-laws, Rules and Regulations by said owner or its tenants. The fines are set forth on the Fine Schedule below. The unit owner shall be personally responsible for all attorneys fees and expenses incurred by the Board of Managers to enforce the By-laws, Rules and Regulations of the Condominium.
Regulations
1. Neither the Board of mangers nor its employees or the building superintendent will serve as rental agents for any unit in Highview Condominium II. Renting and all appurtenances thereto, such as the showing of available rental units will be the sole responsibility of the unit owners concerned. Use of a licensed real estate agent is recommended.2. Unit owners anticipating rental of their units must use the standard form of apartment lease. Copies of this lease, completely and accurately filled out, must be filed ten (10) calendar days before the tenants occupy the rental unit. All leases should be in writing and be subject to the declaration and by-laws of the condominium.
3. Renewal of leases for the tenancy of a rental unit will be subject to the approval or disapproval of the Board of Managers, based upon the tenant's compliance with regulations enumerated herein.
4. The Board of Managers will be provided with emergency contact cards for all renters, including home and business telephone numbers and the name and telephone number of a person to contact in an emergency.
5. The maximum number of persons permitted to occupy a studio unit is two (2); one bedroom is three (3); two bedroom is four (4).
6. Units may not be used as professional offices or for commercial purposes, studios, etc. No professional or advertising signs may be displayed anywhere on the premises.
7. It is suggested that unit owners perform semi-annual visits of inspection to all rental units.
8. The Board of Managers has the right and obligation to inform unit owners of rental units of violations of any regulations stated herein and to expect that owners will insure that such violations are corrected within two (2) weeks of notification. If good faith is not displayed by the unit owner, expressed in positive attempts to achieve a resolution of Board grievances against a particular tenant or tenants to the satisfaction of the Board of Managers, legal sanctions against the owner or offending tenant will be sought, within due course. Any costs incurred are the responsibility of the owner concerned.
9. Unit owners have the responsibility of showing tenants the proper use of washing machines and dryers located in the laundry room and to insure that tenants understand that appropriate laundry detergent (and not bar soap) is to be used in washing machines on the premises. In addition, proper use of floor compactors is mandated.
Prohibitions
1 . Tenants are prohibited from subletting their rental units. Units will be rented in their entirety and may not be subdivided by tenants. Transient lodgers may not be accommodated in rental units at Highview Condominium II.2. The roof area is off limits. Prolonged congregation in lobby area, hallways or stairwells is prohibited. The lobby may not be used as a waiting room or meeting area without prior approval of the Board of Managers.
3. Hallways and stairwells shall not be obstructed in any manner, such as storing in the common elements mops, brooms or baby carriages. No nuisances, such as exotic pets shall be allowed to exist within the units.
4. Residents will be appropriately attired when appearing outside the privacy of their unit.
5. Residents are to refrain from using the emergency side exit of the building as a convenience exit. This exit should only be used in a true emergency, such as a fire. This exit door must never be left open with obstructions. The continued security of Highview Condominium II facilities depends on the proper use of this emergency exit. Owners and tenants are to insure that lobby doors are secured when they enter or leave the building.
6. Residents may not disturb the common peace of other building residents. Common sense and consideration are always to be used when entertaining guests in one’s unit.
7. Nothing shall be hung or shaken from unit windows, nor shall any item be placed on windowsills or fire escapes. Fire escapes shall be used only for emergency egress. Bedding or other items shall not be aired on fire escapes, nor shall fire escapes be used as storage areas, or for recreational purposes.
8. Residents will refrain from placing combustibles such as aerosol cans, glass or plastic bottles, vacuum cleaner bags, turpentine or paint in compactor chutes. Newspapers, large disposables and garbage contained in secure plastic bags are to be brought and neatly placed in receptacles provided in the compactor area on lobby floor. No refuse shall be left on floor of chute rooms.
9. No TV or radio aerials will be appended to roof or exterior walls of building.
10. Dogs must be leashed and curbed at all times. No more than two pets may be maintained in a unit. Exotic pets such as tarantulas or snakes, are prohibited. Pets must be leashed or otherwise humanely contained while traversing the common elements of the premises. Neither pets nor residents are permitted to walk or run on common areas in any way that will damage lawns or shrubbery. In addition, dogs are to be restrained from wetting on flowers and shrubbery.
All New York City regulations pertaining to animals must be satisfied at Highview II (the Dog License Law, the Dog Leash Law, the Canine Waste Law ("Pooper Scoop"), and the Rabies Vaccination Law.
The New York City "clean-up" law (NYS Public Health Law 1310) will be applied to all common areas of Highview. The Law states: each person who owns, possesses, has custody of, or controls a dog must remove any feces left by that dog on sidewalk, gutter, street, or other public area. The person may remove the feces and carry it away with him/her for disposal in a toilet. The feces may also be placed in a non-leaking container and deposited in a DSNY litter basket. The container may be, but is not limited to, either a paper or plastic bag. The provisions of this law do not apply to a guide dog accompanied by any blind person. (New York State Public Health Law 1310)
11. Residents may not loiter immediately outside building nor are any of the common elements to be used for recreational purposes of any kind. Chairs may not be placed on the lawn or on any of the common elements.
12. Residents may not bring or store illegal firearms on the premises.
13. Residents are not to use employees of the condominium, such as the superintendent, for personal services or errands during work hours.
14. Residents will not block access to the main entrance of the building by parking cars or other vehicles in the front driveway for a length of time longer than legitimately required for the discharge of passengers and goods. Vehicles should not stand in the circular driveway for longer than five minutes. Residents may not use currently unoccupied spaces in the outdoor or indoor parking areas for any period of time for any reason. The driveway or access to the parking areas may not be blocked in any manner. No car washing is to take place on any of the common elements of the building. Residents are to discourage visitors waiting in vehicles in the driveway from loud honking or other acts of disturbing the peace, especially at late evening or early morning hours.
Fine Schedule
The following schedule of fines is currently in effect for violations
of the house rules, regulations and procedures. All fines are levied against
the unit owner’s account.
| Non-Compliance with Sales, Lease, or Moving Procedures | $500 |
| Alterations without prior approval | $500 |
| Violation of repair and renovation rule | $500 |
| Improper disposal of bulk garbage |
$100*
(first offense) |
| Vandalism/Destruction of property | $500* ( *plus cost of repairs) |
| Obstruction/Improper use of fire escapes | $100 (first offense) $250 (2nd or later offense) |
| Subletting of rental units | $100 (per month until corrected) |
| Installation of window air conditioner | $500 (per month until removed) |
| Unauthorized/improper use of roof area | $500 |
| Parking in circular driveway |
$100*
(first offense) |
| Failure to curb dogs on condominium property |
$100
(first offense) |
| Obstruction of common areas |
$100
(first offense) |
| Washing cars on common property |
$100
(first offense) |
| Excessive noise or disruptive behavior |
$100
(first offense) |
| Excessive noise due to lack of carpeting | $100 (continuing at $50/month until 80% carpeted) |
| Improper disposal of household garbage or recycling |
$100
(first offense) |
| Failure to provide management with timely access to unit. |
$100
(first offense) |
All other violations | $50 (per occurrence or per month until corrected) |