HORIZONS RULES & REGULATIONS
MISSION STATEMENT This committee is dedicated to clarify, draft, adapt, and develop the “Rules and Regulations” [hereinafter referred to as “the Rules”] promulgated in the Public Offering Statement filed and presented by Kara At Mount Arlington, II, LLC which contains the Master Deed for Horizons at Mount Arlington, A condominium, Exhibit 1, and Exhibit F the BY-LAWS OF HORIZONS at MOUNT ARLINGTON CONDOMINIUM ASSOCIATION, INC. and all other documents contained therein [hereinafter referred to as the “Documents”], to ensure the integrity and ambiance of all buildings, and the comfort of all condominium owners and permitted residents [hereinafter referred to as “resident”]. The purpose of the “Rules and Regulations” is to provide a framework for harmonious living, clarification, and adaptation of the Deed. It is the sole responsibility of the residents to read the PUBLIC OFFERING STATEMENT for full definitions and contents of the Master Deed, By-Laws, and Documents pertaining to Horizons at Mount Arlington Condominium Association, Inc. [hereinafter referred to as “the Association”]. The Rules may be changed or modified in writing by vote pursuant to the Documents and approval of the Board of Directors [hereinafter referred to as “the Board”].
The principle of the Rules is to clarify the substantially defined Rules in the Documents for the convenience of the residents and to provide the framework within which we shall:
maintain the architectural character with visual and aesthetic harmony;
ensure soundness of repair and the quality of the buildings and grounds;
avoid activities deleterious to the aesthetic or property values of the Association, assuring continued monetary value [protecting our investments] and;
Promote the general welfare, safety, and social harmony of and between owners, residents, and neighbors.
The Board of Directors, Covenant and Judiciary Committees shall be responsible for the enforcement of all Rules violations pursuant to the Master Deed and By-laws.
Failure by the Association to enforce any of the Rules shall not be deemed the waiver of the right of the Association to thereafter enforce them.
Smoking is strictly prohibited in any building common areas [e.g. hallways, garages, elevators, and all recreational facilities], and in accordance with the laws of the State of New Jersey and the Borough of Mount Arlington.
No walkway, pathway, or steps shall be obstructed or used for any purpose other than pedestrian traffic [e.g. no bicycles, roller skates or skateboard riding].
Residents shall not cause or permit any disturbing noises or objectionable odors to be produced upon or to emanate from their Unit, balcony, or patio. Without limiting the foregoing, owner/resident, their guests and invitees shall use discretion in operating any equipment [e.g. radios, televisions, musical instruments, or other noise-producing apparatus or equipment] so as to keep noise at a minimum at all times.
No resident shall interfere with the work of any employee of the Association’s managing agent. In the event of an emergency, when immediate access is required and the resident is unavailable to provide such assess, agents of the Association may access the Unit through the use of a locksmith, with a local police officer in attendance or by order of the police or fire department. The resident shall be duly notified of all activity. All costs of emergency entry into a Unit shall be borne by the owner/resident.
No resident shall tamper with any Association property [e.g. no planting, digging or removal of flowers or shrubbery or installation of decorative garden items].
No resident shall (i) do or permit any act or thing to be done in or to his/her Unit or storage Unit which will invalidate or be in conflict with any public liability, fire casualty or other policy of insurance at any time carried by the Association with respect to the Condominium Property, or which shall or might subject said property, the Association, or any resident to any liability or responsibility to any person or for property damages, (ii) keep anything in his/her Unit or storage Unit except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, fire insurance rating organization or other authority having jurisdiction, and then only in such manner and such quantities so as not to increase the rate of fire insurance applicable to the Condominium Property or (iii) permit a Unit or storage Unit to be used in any manner which will increase the insurance rate for the Condominium Property over that in effect, (iv) each Unit resident may carry other insurance for his/her own benefit, provided that said insurance shall not affect or diminish the policy carried by the Association.
All Units must be heated to the extent that will ensure that pipes will not freeze. Any damage related to frozen pipes in a Unit or Association property will be the sole financial responsibility of the Unit resident.
The sale and/or lease of any Unit shall follow the rules as outlined in the Documents. Please refer to them prior to leasing or selling your unit.
Residents are responsible for ensuring that their guests, invitees, and tenants abide by the Rules.
Residents are responsible for the actions of their guests, invitees, and tenants, including but not limited to any damage to any portion of the Common or Limited Common Elements, Club House and recreational facilities. All costs related to repair of any damage caused by the Unit residents, their guests, invitees, and tenants will be charged to the Unit residents.
No contractor or workman employed by a resident shall be permitted to do any work in any Unit [except for emergency repairs] between the hours of 8:00 PM and 8:00 AM. Any work that requires Association permission or permits from the Borough of Mount Arlington must be done pursuant to the Documents prior to the commencement of any such work.
No solicitation of any type is permitted without the express prior written approval of the Board.
Screen doors may be installed on terrace doors; the doors must be white to tie in with the existing building décor.
No person or contractor is permitted access to building attics except for common element repairs, approved by the Board.
Residents shall not have the right to paint or otherwise decorate or change the appearance of the exterior of the Units [including windows and doors]. Each Unit resident is responsible to promptly report to the Association/Property Management Company any defect or need for repairs, for which the Association is responsible.
Plant holders [hanging or free-standing planters] may not be attached to any portion of the building [side or ceiling] or to any railings. Planters may be placed on the inside of the railing on the floor of a balcony or patio in a nonpermanent way; they must have drainage trays to ensure that water does not drain over the balcony or patio sides. Owner/resident must ensure that the planters will not be in danger of falling off or being blown off any balcony or patio due to high winds or rain or other force of nature. All outdoor furnishings must be secure and coverings are to be of a neutral shade.
Decorations such as lights, flags, wreaths, etc. must not be attached to the building. Bird feeders and/or birdhouses, wind chimes, wind socks are strictly prohibited. Notwithstanding the foregoing, holiday decorations may be displayed on the inside of railings only for a period of thirty (30) days, prior to the traditional December holiday season and must be removed no later than fifteen (15) days after the holiday. All railing decorations must be secured to ensure that they will not fall off or be blown off by wind or rain or other force of nature. Residents will be held responsible for any damage(s) caused by such decorations to any persons or property. No offensive decorations shall be permitted.
Festive lights may be strung around the inside of the railing; only lights approved for outdoor use can be used during the traditional December holiday season. Lights may be turned on between the hours of 4:00 PM and 10:00 PM only. No lights may be strung on bushes or trees or on the common elements. All other holiday lights or decorations are forbidden in the common and limited common elements. Any form of fasteners (nails, screws, etc.) which interrupt the structural integrity of the building or railing, is strictly prohibited.
There shall be no exterior storage of any items or materials, with the exception of acceptable outdoor furniture on balconies or patios. Exterior storage includes balconies, patios, entranceways, garage or any other exterior area.
No resident shall install racks, poles and/or lines outside of any Unit. Balcony or patio railings shall not be used for hanging or shaking out laundry, rugs, blankets, towels, bathing suits, etc.
All windows must have appropriate window dressings installed within ten (10) weeks of occupancy; window curtains/shades covering colors are to be in accordance with the Documents. No makeshift window coverings may be used. Colored or stained glass windows or decorations are not permitted.
No exterior shades, awnings, window guards, window boxes, fans or devices whatsoever shall be placed on or affixed to the buildings or in windows.
Electric grills only may be used on a balcony or patio.
No signs or notices shall be exhibited or affixed by an owner/resident or their agents in windows or placed upon common or limited areas. Decals or signs that are supplied by security companies must be approved by in writing the Board. One (1) Open House sign may be placed in front of a Unit for sale, or it’s building, on Saturdays and Sundays when the Open House is occurring. The sign may only be up between the hours of 12:00 PM and 5:00 PM.
No objects shall be placed in hallways that may cause an encumbrance [e.g. furniture, decorative objects, etc. Under no circumstances may any object/decoration be attached, displayed or hung on common area walls, interior or exterior. Interior Unit doors may be decorated pursuant to the timeframes for holiday decorations. Residents shall ensure that the Unit number remains visible in the event of an emergency. All interior door decorations must be made of non-flammable materials.
All notices may only be placed on the bulletin board located in the garage or by the elevators on the first floor lobby where space is provided in each building. Emergency notices placed by the Association excepted.
Trash and recyclables are to be disposed of pursuant to the guidelines posted in the trash rooms located in each building.
WASHING MACHINE HOSES. All unit owners shall install burst free hoses that connect to your washing machine. It is recommended that you do not use the ones with a shut off valve. This prevents any leaks to your unit, a neighbors unit and the common areas.
DRYER LINT TRAP VENTS
All unit owners shall maintain and/or clean the dryer vents associated with their dryer appliances at least every other year as directed by Association, the cost of which shall be assessed to each owner following these services. Inspections and service shall take place every two years, on even years.
Exemptions from the above are as follows:
If an owner has performed this service within the past six (6) months of the passage of this resolution, the owner shall be exempt from participating in the service and respective costs provide the owner submits proof of such service by a National Air Duct Cleaners Association (“NADCA”) Certified Company.
Household pets, pets are defined as domestic cats, dogs, and birds, are permitted provided that they are not kept, bred, or maintained for any commercial purpose and are housed within the Unit. No more than two (2) household pets, in aggregate, may be kept or harbored in any Unit at any time. No reptiles or rodents are permitted.
Each resident keeping household pet(s) shall indemnify the Association and its members and hold them harmless against any loss or liability of any kind whatsoever arising from the keeping of such household pet(s). All pets must be licensed and up-to-date vaccinations as required by. Residents will be held fully responsible for the actions of their pets. The Association will perform repair to any damage and charge the cost to the Unit owner.
Outside animal pens, runs, or animal houses are strictly prohibited.
No resident shall keep or maintain any pet which habitually barks, cries or emits loud noises [e.g. parrots or talking birds] so as to disturb the public or privacy of other residents.
All residents and their guests and invitees must curb their dog(s). Dogs must be on a leash that is no longer than 10 feet in length and on a short leash no longer than 3 foot when in hallways or elevators. In accordance to the Borough of Mount Arlington pet code ordinance and the Documents all residents must adhere to the following:
the immediate removal of pet solid waste, without delay;
proper disposal/placement of solid waste deposited on property, public or private and place in a plastic bag and disposed of in the garbage;
owner/resident must carry an implement for picking up pet waste, said waste is NOT to be deposited in storm sewers;
violators are subject to fines pursuant to the Rules and/or ordinance of the Borough of Mount Arlington.
All rules apply to guests and/or invitees’ pets.
All the pet rules are crucial for the comfort and health of all residents of the Association, and will be strictly enforced.
All residents must register their vehicle(s) with the Association. Residents must also contact Management at any time during the year if they acquire or dispose of a vehicle. Residents must display any decal, emblem or tag given to them by the Association and in the manner stated by the Association so each registered vehicle can be identified as a properly registered resident vehicle.
Each unit owner is assigned one (1) parking space in the garage and may use no more than one unassigned or handicap space. Unassigned spaces in the garage are to be used on a daily "first come first served" basis. No guests are allowed to park their vehicles in the garage.
Handicapped parking spaces are to be utilized only by those vehicles that possess a valid visible handicapped plate/placard issued by the state of New Jersey Division of Motor Vehicle or the Borough of Mount Arlington. All others are subject to fine and towing by the Borough of Mount Arlington Police Department and/or the Association.
No commercial vehicle, trailer, truck, camper, house trailer, recreational vehicle, boat/boat trailer, or the equivalent shall be parked on the Association's property at any time.
All vehicles parked on Association property must be in operable, moveable condition with current inspection and registration. No unused or disabled vehicle shall be parked on any Association property.
No vehicle may be parked within the garage in un-assigned or handicap spaces for any prolonged period which period shall be defined as 72 hours maximum. The Board of Directors may, at its discretion, waive this restriction for emergency situations. Storage of any vehicle whatsoever is prohibited in un-assigned garage spaces; and no vehicle may be covered within the garage area.
Resident who vacation may only leave their vehicle parked in their assigned space. Any additional owned vehicles must be parked in the outside parking lot in front of their Unit's building. Outside winter parking shall be in accordance to the prescribed snow plan.
Violators will receive written notice to remove any violating vehicle and/or equipment within the stated allowed period. If said vehicle or equipment is not moved, the Association shall have the right to remove said vehicle or equipment at the sole expense of the vehicle's owner and shall not be held liable for any damage(s) to the same.
Repair or maintenance of any type of vehicle and/or equipment is prohibited on the Association's property, indoor or outdoor. Any damage resulting from a vehicle and/or equipment in disrepair [e.g. oil leak cleanups] will be repaired by the Association and be at the expense of the vehicle's owner, and/or the unit owner.
All owner/resident; their guests, and invitees are to obey all parking regulations, and posted traffic safety and speed limit restrictions as per Borough Ordinance. All vehicles are to be driven in a safe, quiet manner.
Storage outside of the storage unit is not permitted. Nothing is to be attached to the walls within the garage [e.g. bike racks].
Emergency doors in the garages are to be used for EMERGENCY PURPOSES only.
MOVING IN AND OUT OF UNITS
The elevator must be reserved at least three (3) days in advance.
Only one move in/move out will be scheduled per day and is on a first come first serve basis.
Move in/move out activity is only permitted Monday through Saturday between the hours of 8am and 5pm.
Before a move in/move out can take place, a Certificate of Insurance from your professional moving company must be on file in the Management Office. They must name you and Horizons at Mt. Arlington Condominium Association as "additional insured" and fax this certificate to the office of the Management Company.
Move In/Out Deposit shall be $250.00 made payable to Horizons @ Mt Arlington Condominium Association. Deposit to be returned if no damage occurs and these rules are observed. Also, a no-refundable Move In/Out payment of $150 must be made.
All scheduled moves are considered tentative until the completed Move In/Out form, deposit and a certificate of insurance have been received by Management.
Unit owners may lease their units, provided a lease: (i) is in writing, legibly printed or typed in English: (ii) is made subject to the Association's Master Deed, By-Laws, these Rules and all amendments thereof (the "governing documents"); (iii) contains Horizons @ Mount Arlington Condominium Association Lease Rider (to be obtained from Management); (iiii) provides the failure of the tenant(s) to fully comply with the terms and conditions of the Association's governing documents is a material default under the lease and grounds for immediate termination of the lease and eviction. A Unit owner who fails to comply will be fined $500.
The maximum number of tenants permitted to reside in any leased unit is two residents in each bedroom and 4 adults in each leased unit. The number of bedrooms in a unit shall be the number of bedrooms the unit is stated as having in the Association's Master Deed, not the number of bedrooms a unit may have after any renovation or other work was performed. Any unit owner who violates this provision will be fined $500 and must immediately take actions to evict their tenants. For every 10 days thereafter the tenants continue to reside in the unit in violation of this provision an additional $200 fine will result.
Unit owners must require their tenant(s) to obtain renter's ("H03") insurance with minimum liability coverage of $300,000 before taking possession of the unit and maintain this coverage for the entire rental period. Unit owners must provide proof of the renter's insurance coverage to the Association within 10 days after the tenant(s) sign(s) the lease. A Unit owner who fails to comply with these provisions will be fined $500. For every 10 days thereafter that a unit owner fails to supply proof of the renter's insurance coverage an additional $200 fine will result. Current tenants must obtain their insurance and proof of coverage provided to the Horizons @ Mount Arlington Condominium Association if and when they renew their lease.
When a unit owner leases their unit (including lease extensions) the Association must be given the proposed lease or lease extension document and a nonrefundable $300 "Lease Review Fee" at least 10 business days prior to the signing of the lease or lease extension. The $300 lease review fee is to be paid with a check made payable to "Horizons @ Mount Arlington Condominium Association". A unit owner who fails to comply with this provision will be fined $500. Payment with a check that fails to clear the bank for any reason will be treated as non-payment. For every 10 days thereafter that a unit owner has fails to provide the $300 lease review fee an additional $200 fine will result.
No unit may be leased for;
transient / hotel purposes;
less than one year consecutive days; or
Less than the entire unit. A unit owner who fails to comply with provision will be fined $500.
To prevent the circumvention of the above, if a unit owner releases a tenant from any lease or lease extension prior to the expiration date without the prior written consent of the Board of Directors then the unit owner shall be fined $500 for each month (or part thereof) remaining on the lease or lease extension. The Board of Directors shall not unreasonably withhold this consent in the case of a tenant who can establish that he or she is being relocated by his or her employer more than 50 miles from his or her current place of employment, or can establish some other extenuating circumstance requiring a move out of the community. No fine shall be imposed hereunder if the reason for the release is due to the tenant's purchase of a unit in the Horizons@ Mount Arlington Condominium Association to reside in.
Unit owners must have their tenant(s) complete: (i) a Unit Profile Form, including the names, email addresses, home, work and cell phone numbers of all persons residing in the leased unit; (ii) a Pet Registration Form; and (iii) a Vehicle Registration Form for all cars owned or used by all persons residing in the leased unit that will be parking in the community, along with a photocopy of the drivers licenses of all licensed drivers who will be residing in the leased unit. Unit owners must return these forms and any submitted documents with the executed lease. Unit owners are responsible to: (i) request these forms from Management since these they may change from time-to-time and the Association may not have any other notice that a unit is being rented; and (ii) to update the information on the forms as often as is necessary for as long as tenants are residing in the unit. A unit owner who fails to comply with these provisions will be fined $500.
A lender in possession of a unit following a default in a mortgage, or by virtue of a foreclosure proceeding, or by any deed or other arrangement in lieu of foreclosure, may lease a unit subject to the conditions set forth herein.
Except as may be otherwise provided in these Rules, the legal resident(s) of a leased unit, not the unit owner, has the right to use the Association recreational and common facilities.
If a unit owner has one or more guests residing in their unit for 15 or more consecutive days without also residing in such unit during that period of time, then such guests shall be treated as tenants and all of the provisions herein shall then apply.
All persons occupying a leased unit shall be deemed lessees of such unit whether or not each individual signed the lease.
Unit owners must provide their tenants with a copy of all the Association's governing documents. Unit owners are responsible for the failure of their tenants to follow the Association's governing documents and will be held responsible for all damage to common and limited common property caused by their tenants and guests, and for all fines incurred as a result of their tenant's violations of the Association's governing documents.
Unit Owners must contact the Association in writing no later than 30 days prior to the expiration of any lease and inform them of the status of their unit; for example, will the unit be leased again by the same tenant, leased to another tenant, occupied by the landlord, or sold.
If a tenant fails to comply with any provision of the Association's governing documents, the Association will notify the unit owner (with a copy to the tenant) of the violation and the time period to remedy the violation. If the violation is not remedied, the Association will notify the unit owner (with a copy to the tenant) of the continued violation and the time period to remedy the violation. If no time period is stated in any violation letter then the violation must be remedied within 15 days from the date of notice. If the violation is not remedied after the second violation letter then the unit owner, upon receiving of a third violation notification, shall immediately institute and diligently prosecute an eviction action against the tenant(s) on account of the violation. Such suit shall be at the unit owner's own expense. If any unit owner fails to take such eviction action against the tenant(s) within 30 days then the unit owner will be fined $500. For every 10 days thereafter that the unit owner fails to take such eviction action as required an additional $200 fine will result. If the unit owner does not proceed with such eviction proceeding after 90 days, the Board of Directors shall have the right, but is not obligated, to institute and prosecute such action as attorney-in-fact for the unit owner as his/her sole cost and expense including all legal fees incurred. Such expenses shall be deemed a lien on the unit involved and shall be collected by the Association in the manner set forth under Assessments in Association's governing documents.
By accepting a Deed to a unit, unit owners hereby automatically and irrevocably name, constitute, appoint, and confirm the Association as his/her attorney-in-fact for purposes herein.
ENFORCEMENT PROCEDURES / FINES / ADR POLICY VIOLATION NOTICES
A unit owner or resident who violates any of the Association's Rules or other governing documents shall be notified of such violation, in writing, by Management. Each violation must be corrected by the date stated in the violation notice and if no such date is provided then as soon as possible. Certain violations (including, but not limited to traffic, garbage, noise, drug and alcohol related violations) require immediate correction and the Board of Directors believes the overwhelming majority of violations can be corrected in a day or two. If a violation is not corrected after the second violation notice then subsequent written violation notices will be issued. Except as otherwise provided, continuing violations of the same offense shall result in a $100 fine for a 2nd violation; $200 fine for a 3rd violation; $300 for a 4th violation and $500 more for each succeeding violation of the same. The Board of Directors may also impose a non-financial penalty (e.g., suspension of privileges, etc.) against any resident who violates any of the Association's Rules or other governing documents, if they believe such a non-financial penalty is warranted given the situation. A resident who does not believe they are being given sufficient time to take corrective action should immediately contact Management.
All violation and fine notices shall be in writing and sent to the party or parties involved by either regular mail, certified mail with return receipt requested, or by priority or overnight mail with delivery confirmation.
Unit owners are liable for all violations and fines of themselves, their residents, tenants and guests.
Any unit owner who fails to make any required payment by the Payment Due Date or comply with the terms of any imposed penalty will no longer be in good standing and will lose all rights for themselves and all residents of their unit (including tenants) the right to use any recreational Facility and access to the clubhouse until all required payments have been made and/or penalties complied with.
If a unit owner or any of their residents, tenants, guests or pets causes damage to Association property, such unit owner will be responsible for such damage. The amount of damage will be added to the unit owner's monthly maintenance fee and will be assessed for such amount. The costs, including but not limited to legal fees, arising out of such incident or to enforce the Association's right to monies owed, shall also be assessed against such unit.
Fines will be assessed until the violation is corrected and until all fines, assessments, interest, etc. are collected. Enforcement of unpaid fines, assessments, interest, etc., may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, provision or regulation of said documents, either to restrain violators or to recover damages, and against the unit to enforce any lien created by these documents. The Association's legal fees or other costs associated with a violation and the collection of any fine, assessment, interest, etc., shall be paid for by the unit owner responsible for such fine, assessment, interest, etc.
The Board of Directors, in their sole and absolute discretion, will make all final judgments about rescinding, amending or continuing any fine and/or administrative process.
The Board of Directors is authorized to make and amend Association Rules as often as necessary to carry out the intent of the Association's governing documents. Subject to and consistent with New Jersey Law, the Board of Directors shall have the right to levy fines for violations of the Association's governing documents. The Board of Directors shall consider any fine so levied in the same manner as an added assessment and will be entitled to enforce collection of same.
Any Unit owner or resident (including tenant) who needs an exemption from any Association Rule may apply for such exemption by providing Management with a written explanation (including all documentation) on the need for such exemption and a stated duration for the exemption. The Board of Directors will review such request and in their sole and absolute discretion shall determine whether such exemption will be granted.
APPEAL OF FINE/PENALTY. RESOLUTION OF ANY HOUSING RELATED DISPUTES, REQUEST FOR ALTERNATIVE DISPUTE RESOLUTION ("ADR")
Any unit owner or resident (other than a tenant) who wants to: (i) dispute any Association fine or penalty they receive: or (ii) resolve an Association or housing related dispute between them self and any other unit owner or resident (other than a tenant) may request an ADR hearing. Submission of the ADR request must be made in writing to Managing Agent and if the dispute involves a fine or penalty then the request must be made within 15 days of the written notice of the fine or penalty. A unit owner who requests an ADR hearing must include with the written ADR request: (i) a check in the amount of $100 made payable to "Horizons @ Mount Arlington Condominium Association" to ensure compliance below, with such funds to be returned to the unit owner if they comply with this policy; and (ii) a check made payable to "Horizons @ Mount Arlington Condominium Association" for the Association's expected costs (as provided by Management) to have such ADR hearing conducted by a professional ADR organization. If the Association decides to hire such an organization for the ADR hearing then one-half of such funds shall be returned to the unit owner so long as they have complied with the ADR Policy. Only after the receipt of said monies will management provide the unit owner who requests ADR with further information on the ADR hearing and proceed to schedule the ADR hearing date.
The function of the ADR Committee is to: (i) review all relevant documents and ask all necessary questions of any person who might have information into the matter; (ii) determine the credibility of all witnesses to the matter; (iii) determine if authority exists under the Association's governing documents to impose the fine or penalty that is the subject of the appeal; and (iv) and to make non-binding recommendations to the Board of Directors.
The ADR Committee shall render a written decision/recommendation to the Board of Directors. The ADR Committee's decision is merely a recommendation, which the Board of Directors may accept or reject. If the ADR hearing involves an imposed fine or penalty and the ADR Committee's recommendation is in favor of the resident who appealed, then any imposed fine shall be refunded to the resident and any imposed penalty shall be voided if the Board of Directors agrees with the ADR Committee's recommendation.
Due to the difficulty in scheduling ADR dates, if any resident exercises their ADR rights under and fails to attend the scheduled ADR hearing such resident shall forfeit all amounts they paid to the Association to schedule the ADR hearing, unless such resident: (i) contacted Management, in writing, at least 72-hours prior to the scheduled ADR hearing date to request the need for a different ADR hearing date and a new ADR hearing date has been granted; or (ii) contacted Management, no later than 24-hours after the scheduled ADR hearing date, and established that an emergency occurred within 72-hours of the scheduled ADR hearing date requiring such resident to miss the scheduled ADR hearing without previously contacting Management about such emergency.
Maintenance Payments, Assessments and all other charges are due on the 1st of each month or any date set forth by the Association/Board of Directors;
If payment is not received by Managing Agent within fifteen (15) calendar days of the due date, a $25 late fee will be assessed to the owner's account;
For each additional month payment, in full is not received, an additional $25 per month late fee will be assessed to the owner's account;
In the event payment is not received within sixty (60) days of notice of the delinquency, the Association shall with proper notice, accelerate the balance of the calendar year's assessments and file a claim of lien against the unit, included, but not limited to all costs for the filing of same;
If default continues past sixty (60) days after the claim of lien has been filed, the Board, at its discretion, may foreclose on the lien and commence suit for collection;
If and when judgment is rendered in favor of the Association for the outstanding debt, the Board may, at its option, institute foreclosure proceeding;
All expenses incurred by Horizons @ M.A.C.A., including (without limitation) attorney fees and administrative expenses required to collect past due accounts will be borne by the unit owner.
Penalties for a check dishonored by the bank for any reason