Condensed By-Laws and Policies
SOUTHBROOK CONDOMINIUM ASSOCIATION
BY-LAWS AND POLICIES (condensed)
Updated March, 2016.
1. Fees: $140 per month, plus $140 per unit for month of entrance into Association (fee is refundable when unit is sold). Fees are due the 1st of each month and are considered delinquent after the 15th of the month. Delinquent fees shall be assessed a penalty of $25 for each month of delinquency. Upon 90 days of delinquency of these monthly fees, a lien shall be filed against that unit. Hardship cases may apply to the Board of Directors for consideration of leniency on an individual basis. Document #2375156 effective January 1, 2011.
A special assessment of $25 per month for 60 months began June 1, 2014 to pay for the road repaving project. This special assessment will end in 2019.
2. Building Insurance: Insurance for exterior and common elements is billed in the summer of each year. Individuals should purchase insurance for the contents and interior of their unit from the carrier of their choice. Southbrook insurance carrier is HUB International, our agent is Blaine Martin, 582-8868 . Film 85-1816 and 1817.
3. Parking: No curbside parking is allowed. Recreational vehicles (motor homes, boats, trailers) may be parked in the complex for a period NOT TO EXCEED 48 hours. Film 103-1573.
4. Storm Doors: Storm/screen doors shall adhere to a uniform standard such as Northwoods Model #N80-08 (available at Lake Glass). Film 103-1573.
5. Pets: No more than two pets shall be permitted per unit. “Pets” are hereby defined as cats or dogs. Dogs must be on leash at all times they are outside of an owner’s unit. Owners must pick up dog feces promptly and repeated urination in the same spots causing damage to lawns and shrubs is not allowed. Pets making disturbing noises or displaying aggressive behavior are not allowed. All cats must wear bells or other devices to minimize predation to wildlife at all times they are outside of an owner’s unit. Pets may only be tethered to the owner’s patio. Document #2331223
6. Clothes Lines: Allowed for a maximum of 4 hours on patios, not on public entryways. Film 103-1573.
7. Sound Systems: No sound system may be played within unit or common element at a level audible in other units. Film 103-1573.
8. Speed Limit: Vehicles are to be driven at a speed no greater than 10 miles per hour. Film 103-1573.
9. Firewood: Firewood is to be stored in garage; not on patios or common areas. Film 85-1805.
10. Blinds: Patio blinds are to be bamboo. Film 103-1573.
11. Personal Property: Personal property should not be stored on common elements or public entryways (this includes bikes/toys). Film 85-1804.
12. Exterior Alterations: No owner may change, alter or remodel the exterior of the unit without prior written consent of the Association. Requests should be in writing to the Board President. Film 85-1814.
13. Use of Unit: The use of all units shall be for residential purposes only and no commercial use. Film 85-1803.
14. Display: Unit owners should not hang or display anything on the outside of the windows or walls of a building. No sign, awning, canopy, radio or TV antenna shall be affixed to or placed upon the exterior wall or roof without prior consent of the Association. Film 85-1804.
15. Rental Agreements: All residents of Southbrook who are not the owner of record are required to execute a Southbrook Condo Association Rental Agreement, which may be found on this website, and place it on file with the Board of Directors before occupancy. Document #2361577
16. Violation of By-laws/Policies: Unit owners in violation of the By-laws and Policies can have fines levied against them by the Board of Directors. A first-time violator will receive a written notice. The 2nd offense is a $50 fine, the 3rd is $75 and the 4th is $100. Unpaid fines after 90 days will result in a lien being place on that unit. Unit owners are responsible for violations by their renters at a rate 50% higher ($75, $112.50, $150), and so forth. Document #218822
17. Barbecue Grills/Portable Fire Pits: The use of charcoal-fired grills/portable fire pits is not allowed at Southbrook.
18. Radon Mitigation: The Southbrook Board of Directors (BOD) recognizes that the U.S. EPA has recommended mitigating radon levels when they exceed 4.0 picocuries/liter of air (pCi/L) in an occupied space. Montana tends to have naturally high radon levels existing in the topsoil and there have been cases at Southbrook where the radon levels have exceeded the EPA guidelines. Some unit owners may have a personal concern about the radon exposure in their unit and may wish to take action to test the radon level and reduce it. At this time there are no mandatory levels at which mitigation is required by the U.S. EPA.The Southbrook BOD however, will not withhold permission to mitigate radon levels when a unit owner wishes to do so but will not be participating in the cost of radon gas mitigation. As it relates to the Southbrook Condominium Association involvement, the Southbrook BOD will only need to be contacted to approve the equipment location of the mitigation system prior to installation since it would affect the exterior appearance or structural components of the building. The testing or the mitigation contractor will not be mandated by the Southbrook Condominium Association or the Southbrook BOD in any way. Requests for approval of radon mitigation plans and specifications shall be submitted to the Southbrook Condominium Association, through the onsite resident manager (information below).
19. Leasing: No more than thirty-five percent (35%) of the units of Southbrook Condominium Association may be leased at any given time to a Third Party. Any Owner engaged in leasing or subleasing activities as of the date of this Amendment shall be allowed to continue leasing or subleasing activities until said Unit is sold or conveyed to a Third Party. Any Unit Owner engaged in leasing or subleasing activity must, upon the sale or conveyance of said Unit, notify any potential buyer or person taking title that no more than thirty-five percent (35%) of the Units of Southbrook Condominium Association may be leased at any given time to a Third Party. For the purpose of this provision, “Third Party” shall be defined as any person who is not an Owner as that term is defined in the Declarations. All lease agreements must be submitted to the Board of Directors prior to execution by the Owner. Owners shall also submit a “Unit Rental Agreement” to the Board of Directors for each tenant/lease (Document # 2361577) no less than thirty (30) days prior to executing or extending a lease. Additionally, if an Owner fails to provide the “Unit Rental Agreement” to the Board of Directors as outlined above, the Board may impose reasonable monetary penalties according to the By-Law Violation Policy (Document #2188220).
No owner may lease a Unit for fewer than twelve (12) months.
Owners may apply for a hearing before the Board for temporary or special variances in case of hardship. Permission to lease will be granted at the sole discretion of the Board of Directors.
20. Action by Written Ballot:
A. Unless prohibited or limited by the Covenants, Declarations or Bylaws, any action that the Association my take at any Bi-Annual or Special Meeting of members may be taken without a meeting if the Association delivers a written ballot to every member entitled to vote on the matter.
B. A written ballot shall: 1. Set forth each proposed action. 2. Provide an opportunity to vote for or against each proposed action.
C. Approval by written ballot pursuant to this section is only valid if both: 1. The number of ballots equals or exceeds the quorum required to be present at a meeting authorizing the action. 2. The number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.
D. All solicitations for votes by written ballot shall: 1. Indicate the number of responses needed to meet the quorum requirements. 2. State the percentage of approvals necessary to approve each matter other than election of directors. 3. Specify the time by which a ballot must be delivered to the Association in order to be counted.
E. Except as otherwise provided in the Covenants, Declarations and Bylaws, a written ballot shall not be revoked.
1. Parking: No more than two vehicles per unit are to be parked in the complex; one in the garage and one on the owner’s pad. Curbside parking is not allowed.
2. Trash Collection: Containers for trash collection should be set out at curbside the night before or the morning of collection and then promptly returned to garages.
3. Washers/Dryers: Should not be operated before 7AM or after 10:30 PM.
4. Winter: When absent from unit, set thermostat at 55 degrees or higher and leave kitchen and bathroom cupboard doors open. Leave a key with the Resident Manager or a neighbor so inspection can be made in extremely cold weather. This policy has been established to avoid frozen pipes and subsequent damage from water leakage.
5. Entryways: Should be kept clear of all items to allow access to emergency personnel.
6. Display: Flags and plants are permitted.
7. Insurance Deductible: Southbrook’s policy currently has a $10,000 deductible. A cost-sharing Supplemental Insurance plan has been created (details on the website or available on request).