ARTICLE IX OF CONDOMINIUM DECLARATION:
Maintenance, Alteration and Improvements
1. Terms.
Although the use of one shall not be deemed to exclude the applicability of another unless specifically so stated or required
by the context, certain terms not susceptible to precise delineation are employed in the Article as follows: "Maintenance" is used generally to include
repair, renovation, restoration, reconstruction, rebuilding or replacement as may be necessary to maintain the condominium property in the same condition
as when constructed and completed by Developer; "alteration" relates to changes from such state other than maintenance; "improvement" as distinguished
from alteration relates generally to the addition of new and different structures, elements or facilities other than those referred to in this Declaration. The
provisions of this Article IX are applicable where the work done or required is not caused by a specific casualty or event and shall also apply in the event of
maintenance, alteration or improvement necessitated by a specific casualty or event unless different provision is specifically made in the condominium documents
dealing with such contingencies.
2. Maintenance by Association.
(a) The Association shall maintain all common elements, whether limited or general, and shall make assessments therefor as a common expense except where
maintenance has been specifically made the responsibility of each Unit. The Association shall maintain and repair all roofs, including skylights, downspouts and
gutters, exterior siding, exterior stone facade, and exterior trim painting. "Maintenance" shall not include routine cleaning.
(b) The Association shall repair incidental damage caused to a Unit through maintenance by the Association and shall assess the cost thereof as a common expense.
(c) The Association shall arrange for all required snow removal, including removal from sidewalks and driveways, to be paid for as a common expense. Likewise,
the Association shall arrange for all lawn mowing, to be paid for as a common expense. The Association also shall arrange for the trimming of Owners’ bushes
and trees once a year, to be paid for as a common expense, but this does not prevent an Owner from doing his own trimming.
(d) If a Unit Owner defaults on his maintenance responsibilities, the Association shall assume such responsibilities and assess the cost thereof against the Owner
of such Unit, and such assessment shall be collectible from the Unit Owner as if it were an assessment for common expenses.
(e) Lights that are billed to the Association are to be maintained by the Association, and water that is billed to the Association is to be maintained by the Association.
3. Mintenance by Owner.
(a) It shall be the responsibility of each Unit Owner, after the Developer has deeded the condominium to the Owner, at his own expense, to provide all maintenance
of and within his Unit, including maintenance of non-load bearing partitions, of the interior surfaces of the walls, ceilings, and any finished or other surfaces of materials
installed by the Developer and/or the Owner, such as carpets, wallpapering, countertops, painting or staining, or other floor, wall or ceiling or other covering of any kind.
The Unit Owner shall also maintain all plug-in appliances and other personal property of any kind within the Unit.
(b) The Unit Owner, at his expense, shall be responsible for maintenance of the doors, windows, deck and the sliding glass door thereto, driveway, and exterior lighting
particular to such Unit, and all other limited or general common elements within the condominium Unit and garage. The Unit Owner shall maintain and replace all equipment,
machines and attachments and fixtures pertaining to his Unit, regardless of whether the same are or might be considered to be personalty or real estate, or as common elements
for other purposes, such as air conditioning and heating equipment units, ranges, refrigerators, fans, water heaters or other appliances or equipment, including fixtures and/or their
connections required to provide water, electricity, telephone, cable TV, satellite television, sewage and sanitary service to the Unit. The Unit Owner shall be responsible for the
maintenance of wiring, piping, conduits, ducts, and other service elements within the Unit and of the air compressor and its connections servicing the Unit, even though situated
outside. Further, the Unit Owner shall be responsible for replacing any bushes or trees upon the limited common elements that pertain to his Unit.
(c) The Unit Owner shall likewise maintain, at his expense, any improvements or alterations subsequently added by him, and it shall be his duty to perform said maintenance
without disturbing the rights of other condominium Owners and to report promptly to the Association any defects or need for repairs which are the initial responsibility of the
Association, or as to which the Association otherwise has authority to maintain.
(d) The Unit Owner also shall maintain and repair, at his expense, all interior surfaces of his garage and the automatic garage door.
4. Responsibility of Owner; Insurance Proceeds.
The Owner of a Unit shall be responsible and liable for the expense of any maintenance rendered necessary by the Owner's act, neglect or carelessness or that of the Owner's
family, guests, employees, agents or lessees, which liability shall include any increase in insurance rates occasioned thereby, provided this requirement shall not preclude the proceeds
of insurance maintained by the Association or any Owner from being applied to discharge such expense, in whole or in part; provided further, nothing herein stated shall be construed to
modify subrogation rights of or any modification thereof by insurance companies.
5. Maintenance Involving More Than One Unit.
If maintenance is required involving more than one Unit, the Association, in order to provide centralized direction, may assume responsibility therefor and provide for the same, in
whole or in part, as a common expense assessable to the owners of the Units involved.
6. Alteration or Improvements by Unit Owner.
No Unit Owner shall make any alteration of or improvement to a Unit or to any of the common elements or remove any portion thereof without approval of the Board of Directors
of the Association as to the proper insurance of such alterations or improvements under any master insurance policy purchased by the Association or by an insurance policy purchased
by the Owner and as to arrangements for bearing the expense of such insurance. In addition, no alteration or improvement to a Unit shall be made unless the Board of Directors shall
approve the design and safety thereof and no work by an Owner is permitted that will jeopardize the soundness of a building or impair any easement. Any alteration of improvement of
a Unit shall neither increase nor decrease the fractional interest in the common elements appurtenant to the Unit.
7. Alteration or Improvement by the Association or All Owners.
Except as provided in Article VI and in Paragraph 6 above for alteration or improvement of a Unit, there shall be no alteration of a building or other common elements, or further
improvements added to the lands or other common elements, without the approval of Owners of Units and Proposed Units entitled to cast not less than eighty percent (80%) of the total
number of votes outstanding and entitled to be cast. Such vote may be taken in the form of a referendum ballot or at a membership meeting as provided in the Bylaws. Bids for such
alteration or improvement shall be taken and the cost accurately estimated before such vote is conducted. No alteration or improvement pursuant to this paragraph shall alter the fractional
interest appurtenant to each Unit and Proposed Unit in the common elements and such interest shall remain as before, irrespective of whether the Owner voted in favor of or against the
alteration of improvement.
ARTICLE X OF CONDOMINIUM DECLARATION:
Conditions of and Restrictions on Ownership, Use and Enjoyment
The ownership, use, occupation and enjoyment of each Unit and of its appurtenances and of the common elements of the regime shall be subject to covenants, conditions, easements, or
other encumbrances of record and to the provisions of the Bylaws and Articles of Incorporation of the Association and of this Declaration, all of which provisions, irrespective of where
set forth or classified as such, shall with equal status constitute such a covenant, condition, restriction, and requirement as shall be enforceable and binding as a covenant, condition, restriction
or requirement land and shall be binding on and enforceable against all Units and Owners thereof and their respective assigns and successors in interest. The following particular covenants,
conditions, restrictions and requirements are hereby noted and set forth:
1. Conveyance/Mortgage/Lease. No Owner of a Unit shall convey or mortgage such Unit unless and until all sums due the Association by way of assessment of any kind or other
charge and whether evidenced by recorded liens or not are currently paid and not delinquent and in the event of delinquency the grantee or mortgagee, if notified thereof before paying or
disbursing to the Owner, shall apply the proceeds of such transaction first to payment of the delinquent amounts before payment of any of same to the Owner. The Association shall in any
event issue a written statement under signature of an officer or management contractor to such grantee or mortgagee verifying the status of all assessments or charges affecting the Unit,
which statement, if to the effect that there are no delinquencies or upon payment of delinquencies as shown thereon, shall constitute conclusive evidence of compliance with this paragraph.
2. Exterior Facade. No Unit Owner may paint or in any manner decorate the exterior facade of the walls or add or connect equipment, structures or facilities thereto or erect any
sign outside the Unit without complying with the Condominium documents and obtaining the prior consent of the Board of Directors. However, an Owner may display inside his Unit a
non-illuminated "ForSale" sign no larger than 14 by 20 inches facing out a window.
3. Parking/Vehicles. The Association, acting through its Board of Directors, shall have the right to designate and control the manner of use of the outside parking spaces and to
reserve a space or spaces for service purposes and to otherwise permit or prohibit the use of any such space or spaces by a particular Unit Owner and family, including their guests or
invitees. Vehicles cannot be parked on Greens Way Court N.E. for more than twenty-four (24) continuous hours. No recreational vehicles, motorcycles, disabled motor vehicles, boats,
campers or other vehicles may be parked on limited or general common elements without the prior consent of, and subject to whatever restrictions that may be imposed by the Board of
Directors. For the security of Owners and for uniformity of appearance, garage doors should remain closed except to permit the ingress or egress of a vehicle.
4. Activity Affecting Insurance. The Owner of each Unit covenants and agrees not to engage in or permit any activity or condition as would cause a termination of or increase
the premium for insurance carried by the Association or by any Owner.
5. Animals/Refuse/Compliance. No animal pens, sheds, fences or other outbuilding or structure of any kind shall be erected by a Unit Owner. No activity is allowed that unduly
interferes with the peaceful possession and the proper use of the property by its owners. No fire hazard or unsightly accumulation of refuse is allowed. All laws, ordinances and the
regulations of governmental bodies shall be observed by the Owners and the Association.
6. Repair, Maintenance and Reconstruction. Each Unit Owner covenants and agrees with all other Unit Owners to repair and maintain, rebuild and reconstruct that Owner's own
Unit and keep the same in good repair for the benefit of all such other Owners, as may be required and applicable, and to pay separately metered utility expenses and assessments that
are billed to such Unit.
7. Liens. A Unit Owner shall give notice to the Association of every lien against that Owner's Unit other than permitted mortgages, taxes and Association assessments, and of any
suit or other proceeding which may affect the title to that Owner's Unit within ten (10) days after the lien attaches or the Owner receives notice of such suit.
8. Additional Rules, Restrictions and Regulations. The Association, acting through its Board of Directors, shall have power to adopt and enforce all reasonable rules, restrictions and
regulations relating to the use, occupancy and enjoyment of the condominium property, and without limiting the scope of the Board's authority, the following in particular shall govern:
The Board (a) may approve temporary structures, the same being otherwise prohibited, (b) may regulate or prohibit the ownership and use of pets, motorcycles or other power driven
equipment, (c) may prohibit the use of flags, banners and grills on a patio, deck or balcony and (d) may permit the enclosure of a balcony, deck or patio area, the same being an alteration
or improvement otherwise not permissible without approval by the Board of Directors.
9. Use of Unit/Leases/Liability. Units shall be used and occupied for single family dwelling purposes only. No Unit may be rented or leased by the Owner. Ownership of a Unit by
a corporation or partnership is not permitted. If an Owner dies, the heirs must occupy the Unit or sell it, but they may not rent or lease it.
10. No Waiver. Failure of the Association or any owner to enforce any covenant, condition, restriction, or other provision of Chapter 499B of the Code of Iowa, this Declaration, the
Articles of Incorporation or By-laws of the Association, or the rules and regulations adopted pursuant thereto, shall not constitute a waiver of the right to enforce the same thereafter.
11. Additional Regulations. In addition to all of the foregoing provisions, the use of a Unit and the common elements shall be in accordance with and subject to the following provisions:
(a) An Owner has the right to decorate windows in that Owner's Unit, however, this right is limited to the extent that only drapes, curtains, sheers, and shutters may be used
that must be lined so that they appear white from the outside of the building. Nothing shall be hung between the interior surface of the window and the drapes, curtains, sheers or
shutters used.
(b) Dogs, cats or customary household birds may be kept on the property, not to exceed two per Unit, subject to the Board of Directors' right to limit and restrict pets.
Upon the Board's receipt of written complaints from the Owners of two different Units, the Board of Directors may take such action as it deems necessary to remedy the
complaint including, without limitation, the removal of the pet(s). No wild animal, reptile or bird may be trapped, transported, kept, or maintained anywhere on the property. All
allowable pets shall be kept and housed inside the Owner's Unit, and no pet may be kept which abnormally interferes with the rights, comforts or convenience of other
Owners. All pets must be kept on a leash when outside the Owner's Unit. No pet may be left unattended on a tether outside any Unit. Breeding of any animals on the
property is specifically prohibited. Each Owner shall have the sole and individual responsibility for any clean up required as a result of the ownership of such pet(s). Any dog
that is a Staffordshire Terrier, American Pit Bull Terrier, American Staffordshire Terrier, or otherwise commonly known as pit bulls, pit bull terriers, or a combination of these
breeds, as well as Rottweilers, Doberman Pinschers, and German Shepherds, or any dog that has the appearance and characteristics of these breeds, is not allowed and cannot
be kept or housed at The Greens at St. Andrews.
(c) Each Unit Owner shall deposit with the Association if required by it a key to the Unit, and consents that in the case of any emergency originating in or threatening any
Unit, the Board of Directors of the Association or any person authorized by it may enter the Unit for the purpose of remedying or abating such emergency whether the Owner
is present or not.
(d) No noxious or offensive activity shall be carried on in any Unit, and nothing shall be done or be permitted to remain in any Unit that may be or become a nuisance or
annoyance to Owners and/or other occupants, and shall exercise extreme care not to disturb other Owners or occupants with excessive noise.
(e) There shall be no obstruction of and nothing shall be stored upon any common elements, other than internal limited common elements reserved to the use of a specific
Unit, without the approval of the Association.
(f) Except for such signs as may be posted by the Developer for promotional or marketing purposes and the "For Sale" sign permitted by Paragraph 2 of this Article, no
signs of any character which are visible from the outside of a Unit shall be erected, posted or displayed upon, from or about any Unit, unless first reviewed and approved by
the Association's Board of Directors.
(g) No burning of any trash and no unreasonable or unsightly accumulation or storage of litter, new or used materials, or trash of any other kind shall be permitted within
any Unit or be permitted to remain in public view.
(h) No Owner or other person shall install any electrical or telephone wire, television antenna, satellite television receiver, or other antenna, air conditioning unit, or other
machine or device on the exterior of a building without the prior consent of the Association's Board of Directors.
(i) Nothing shall be altered in, constructed in, or removed from the common elements, except upon written consent of the Board of Directors of the Association which
may be given through regulations of the Association, and further provided that any holder of a first mortgage which acquires possession of a Unit by foreclosure or by deed
in lieu of foreclosure shall have the right to post signs for the sale or rental of such Unit until such Unit is sold or a rental agreement is entered into.
(j) No activity shall be allowed which unduly interferes with the peaceful possession and use of the property by the Unit Owners.
(k) Agents of or contractors hired by the Association may enter any Unit when necessary in connection with any maintenance, landscaping, or construction for which
the Association is responsible, provided such entry shall be made with as little inconvenience to the Owners as practicable.
(l) Each Unit occupant shall keep that Owner's Unit and limited common elements to which such Owner has sole access in a good state of repair, presentation
and cleanliness.
(m) No hunting, target practice, discharge of firearms, or disturbance of the natural state of the property, including the removal of living trees, plants, shrubs, bushes, grass,
or top soil, or damage to any of the foregoing is permitted without the prior consent in writing of the Board of Directors.
(n) Outdoor holiday decorations, whether illuminated or not, are permitted from the day after Thanksgiving up to and including January 15 of each year. No such decorations
may be attached to roofs, gutters, or exterior siding, however.
THE GREENS AT ST. ANDREWS MANAGEMENT ASSOCIATION, INC.
October 8, 2013