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- No part of the Property shall be used for any purpose except housing and the related purposes for which the Property was designed.
- Nothing shall be done in any Unit or in, on or to the Common elements which will impair the structural integrity of the Building or which would structurally change the Building
- Nothing shall be done or kept in any Unit or in the common Elements which will increase the rate of insurance ON THEIR UNIT or of any of the buildings or contents thereof applicable for residential use (or permitted professional purposes) without the prior written consent of the Board of Managers. No Unit Owner shall permit anything to be done or kept in his or her Unit or in the Common Elements which will result in the cancellation of insurance on the Building or contents thereof or which would be in violation of any law.
- Any consent or approval given under these Rules and Regulations may be added to, amended or repealed at any time by resolution of the Board of Managers.
- The Board of Managers or the Managing Agent may from time to time curtail or relocate any portion of the Common Elements devoted to storage, services purposes, or parking.
- Complaints regarding the operation of the Condominium shall be made in writing to the Board of Managers or to the Managing Agent or to the Superintendent.
- No occupant of any Unit or any Unit Owner shall send, direct or employ any employee of the Board of Managers or of the Managing Agent or the Superintendent on any private business during employees’ working hours.
- Unit Owners must provide to their tenants or to the buyers of their Units a copy of these rules and Regulations, and any additions or changes as may be made from time to time.
- Any repair work or installations of any kind whatsoever, including but not limited to electrical and plumbing installations, must be completed by licensed professionals and must fully comply with all State and Local codes and, rules/requirements regarding same. The Managing Agent must receive notification of such work and professionals must provide proof of expertise and insurance coverage.
- No Structural improvement or repair shall be done in any unit without prior written approval of the managing agent. Contractors are to be insured and bonded to work in the complex.
- No animals or reptiles of any kind shall be raised, bred or kept in any Unit or the Common Elements, except that household pets (which shall include dogs, cats, and other domesticated animal), as set forth herein, may be kept in Units, subject to rules and regulations adopted by the Board of Managers, provided that they are not kept, bred or maintained for any commercial purposes; and provided further that any such pet causing or creating a nuisance or 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. In no event shall any pet be permitted in any portion of the Common elements unless carried or on a leash. Further, notwithstanding the aforementioned, under no circumstances shall any pet ever be permitted on any grass or garden plot.
- Pets are to enter and exit the building through the GARAGE and always be in compliance with the leash law in the village.
- Pet owners will be liable for any damage caused by or created by their pet. No Occupant or Unit Owner shall allow his or her pet to cause or create a nuisance or unreasonable disturbance to the comfort, peace, or repose of any person in the vicinity by continued or frequent noise.
- Defecating and/or urinating by any household pets in any common elements including but not limited to the courtyard and hedges is Occupant shall be responsible for immediately cleaning up any defecation/urination committed by their household pet. In no event shall any pet be permitted in any portion of the laundry room. Feeding of any pet in the common elements is prohibited.
- All household pets must be properly licensed and must be immunized and/or have all shots required by law. Such verification shall be made available to and kept on file by the Managing Agent.
- No pet shall be left unattended in any common area even if leashed.
- No birdfeeders shall be maintained anywhere in the condominium.
- No food shall be left out for any household pets or any other animal anywhere in the condominium.
- Animals are not permitted at all unless prior approval in writing from managing agent is requested and received. A photograph of the dog is required. Guidelines are set for size (no more than 41 pounds at full growth), number (one (1) per unit) and breed (no vicious or dangerous dogs permitted). Requests for an animal must also include State license and vaccination proof and same must be submitted annually as well. NOTE: This policy became effective 15th May 2009 and dogs registered at that time or prior are grand-fathered from certain of these requirements; any questions, contact Management.
- Parking is available to Unit Owners and Occupants who have long term leases for the use of the Indoor or Outdoor Parking Areas. The vehicles must display a parking tag issued by the Managing Agent.
- Vehicles are to be registered with the Managing Agent. The storage or parking of other vehicles including trucks, trailers, boats, campers, limousines and other non-passenger vehicles or other items is expressly prohibited.
- Parking spaces may not be sub let to any who are not owners or in residence at the Fairways.
- No automobile shall be parked in such a manner as to impede or prevent ready access to any entrance to or exit from the building or parking lots by any other vehicle.
- No personal belongings (i.e. bicycles, gym bag or equipment) may be stored in the garage or outdoor parking space. Fines of $100 for first offense, $150 for second offense, $250 for third offense, with $500 for all subsequent offenses, will be levied by managing agent for failure to comply with this rule.
- No parking or garage space may be transferred without prior written consent (see Condo Forms) and any sublet must be approved by the Managing Agent in writing.
- 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 recommendation of the NY 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.
- No Unit Owner shall, or permit any other person to install, maintain or use a washer and/or dryer in any Unit.
- Each Unit Owner or occupant of a Unit shall keep any air conditioning device which protrudes from the window of the unit in good appearance and mechanical repair. Air conditioners must have appropriate guards so as not to tumble out of the window.
- If the Unit owner shall fail to keep any such device in good order and repair, the Board of managers or the Managing Agent or Superintendent, at their discretion, may remove such device from the window, charging the cost of removal to the Unit owner, and the device shall not be replaced until it has been put in proper condition and only with the further written consent of the Board of Managers.
USE OF UNITS AND COMMON ELEMENTS
- Except to the extent permitted by law and as otherwise provided in the Declaration of Condominium and/or 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 or 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.
- No Unit Owner or Occupant or any of his or her agents, servants, employees, licensees or visitors shall, at any time, bring into or keep in his or her Unit any flammable, combustible or explosive fluid, material, chemical or substance.
- Each Unit Owner shall cause his or her Unit to be kept in a good state of preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown from doors, windows, any dirt or other substance. Each Unit owner shall be obligated to maintain and keep in good order and repair his or her own Unit in accordance with the provisions of the By-Laws. Each Unit Owner shall ensure proper and frequent maintenance and cleaning of windows.
- Draperies, blinds, shades or curtains installed by Unit Owners or Occupant on all windows must be maintained in good repair at all times.
- Outdoor door mats of approximately 18” x 24” shall be allowed in front of Unit door. No runners, cuttings from indoor or outdoor rugs will be permitted.
- No clothes, sheets, blankets, laundry or any kind of other articles 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. No firewood, garbage cans, milk boxes, rugs, or other articles shall be placed on walls, sidewalks, passages or hallways, nor shall anything be hung from the windows. Nor shall any linens, cloths, clothing, curtains, rugs, or mops be shaken, dried, or hung from or on any of the windows or doors.
- No sign, awning, canopy, shutter or radio or television antenna system shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof or exposed on or at any window, without the prior written consent of the Board of Managers.
- Nothing shall be altered or constructed in or removed from the common Elements except upon the prior written consent of the Board of Managers.
- 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 except as expressly provided herein.
- No public hall in any part of the Building shall be decorated or furnished by any Unit Owner or Occupant of a Unit in any manner without consultation with floor residents and prior written consent of the Board of Managers.
- No smoking is permitted in elevators, laundry room, and hallways.
- Unit owners shall maintain smoke detectors and carbon monoxide detectors within three (3) feet of each bedroom.
- No person is allowed on the roof of any building at any time unless authorized by the board of Managers, Managing Agent of the superintendent. No loitering is permitted in the common elements. And unit owners and occupants will ensure that any of their guests do not loiter as well.
- Sporting activities including but not limited to roller skating/blading, bicycle riding and ball playing is prohibited in the front courtyard. Parents will assume financial responsibility for any damage caused by their children in the common elements.
- All vestibules, halls stairways, lobbies, fire stairwells must remain unobstructed and not be used for storage of bicycles, strollers or children’s toys, mail, magazines and shoes.
- All windows will have window treatments installed that are tasteful and remain in good repair.
NOISE AND NUISANCE
- Carpeting shall be placed as requested by the Board of Managers in Units to minimize noise to other Unit Owners or Occupants. In extreme cases the Board may require that 85% of the floor space be carpeted (excluding kitchen and bathroom).
- No Unit Owner of Occupant of a Unit shall make or permit any disturbing noises in any part of the building, or do or permit anything to be done therein, which will interfere with the rights, comforts or conveniences of other Unit Owners or occupant.
- If you have listed your unit for sale or rent and your realtor requires a lock box with your keys for use by other realtors, you must inform them that the ONLY location to affix a lock box to our building is on the stairway by the side door to the Community Room, on the garage side of the building. The lock box must be clearly marked with the Realtors name and number. A lock box attached to any other area of the complex will be removed without further notice.
TRASH AND RECYCLING
- All soft or wet trash must be placed in plastic bags and deposited in designated trash rooms located in the lower level of each tower.
- All recyclable materials like glass, newsprint, plastic containers, aluminum cans are to be placed in identified receptacles located in each trash room. Such materials are not to be wrapped in plastic.
- All cardboard boxes are to be disassembled and tied up and placed in trash rooms.
- Throwing garbage or trash outside disposal installations provided for such purposes is prohibited. No garbage or trash shall be left outside designated rooms.
- Removal of discarded large and small appliances, mattresses is the responsibility of the Unit Owner and not that of the superintendent.
INSPECTION AND KEYS
- The Superintendent, contractor or workmen, or exterminator may enter any Unit in the Building at any reasonable hour of the day after notification for the purpose of taking such measures as may be necessary to control an identified problem.
- Each Unit Owner or Occupant will provide the Superintendent (as agent of the Board of Managers) any key necessary to gain access to the Unit. The Board of Managers or its designee shall have the right of access to any unit for the purpose of making inspections, repairs, replacements or improvements, or to remedy certain conditions which would result in damage to other portions of the building.
MOVING AND DELIVERIES
- Notification of the sale of a unit is to be made in writing to the managing agent who will provide the right of first refusal after payment of administrative fees and a $1000 move in/move out fee. No sale can be completed without proof of compliance.
- A lease for new renters in presently rented apartments is to be provided to the managing agent along with payment of a $500 move in/move out fee. New renter may not take occupancy without proof of compliance. A minimum one year lease is required.
- Unit Owners anticipating sale, rental, or moves, should contact the managing Agent.
- The Managing Agent solely will issue a written permit for a Move In or a Move Out. The permit will show the scheduled date and time during which the move can take place. Moves are prohibited without such a permit. Non compliance will delay the issuance of the right of first Refusal in the case of sale. In the case of new renters, non compliance will result in the imposition of a fine on the investor.
- All damage to common elements caused by the moving or deliveries therein shall be the responsibility of and will be paid for by the Unit Owner.
- Deliveries that can be reasonably expected to require less than one hour, can be made at any time, including evening, holidays and weekends.
- Moving/Delivery Vans will unload in designated areas and must never be positioned in a way that will obstruct the flow of traffic. During moves or deliveries, residents must have reasonable access to elevators.
- Goods must not block access to other Units. No furniture, cartons or other goods are to be left stacked in the lobby or in the entrances, preventing the flow of traffic.
- In the event that a charge shall be imposed pursuant to these Moving and Delivery Rules, the Board of managers shall be authorized to direct the managing Agent to include the amount of said charges within the common charges due from the subject Unit Owner.
- A Unit Owner will be responsible for all charges assessed against or on account of tenants hereunder.
- Unit owners who anticipate a sale, rental that require a move MUST notify the managing agent prior to such a move.
- NO MOVES SHALL TAKE PLACE ON SUNDAY.
RENOVATIONS - REMODELING - CONSTRUCTION POLICY & RULES
This category includes cosmetic work such as painting, plastering, floor sanding and the installation of carpet and floor tile. Non-substantial jobs are generally those that could not predictably affect the heating, plumbing, and electrical or structural systems of the building.
Any Owner who plans to have a non-substantial job performed in their apartment must notify (in writing) the Managing Agent and notify (verbally) the Superintendent of the scope of work to be performed and the dates on which the work will be performed. No work can be commenced without the written approval of the Managing Agent prior to commencement. This includes any of the aforementioned work even if the Shareholder intends to physically perform this work themselves.
Any Owner who has a non-substantial job performed in their apartment must comply with the following rules:
- Workers can only be in the building between the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. Work shall not be performed on Saturdays, Sundays or Holidays (except for quiet work which is self-contained within the apartment.) No work that can create noise or otherwise disturb neighbors shall be performed before 9:30 A.M.
- Workers must check in and out with the Superintendent on a daily basis. All workers must enter and exit through the basement, garage or service entrance where possible and may not use the front lobby door.
- Workers must clean up on a daily basis all dust and debris the job creates anywhere in the building (outside of the apartment,) i.e. elevators, halls, basement, and must remove all debris from the building on a daily basis. Debris may not be deposited with the trash or in building disposal areas or left for municipal pick-up.
- Workers may not store their tools, equipment or supplies in the basement, halls or any other common areas.
- Workers must protect the elevator or halls and stairs from scratching or other marring by using either pads or construction paper. Hallway floors must be similarly protected.
This category includes any work that involves the removal and/or installation of electrical wiring or equipment, plumbing equipment (inclusive of toilets, sinks, vanity cabinets, kitchen equipment or the demolition or alteration of interior unit walls (even if non-structural). Any partial or complete kitchen or bathroom renovations are considered substantial.
If an Owner is uncertain whether a particular job is substantial or non-substantial, it is the Owner’s responsibility to request a written opinion from the Managing Agent.
If a job is substantial, Rules 1 through 5 set forth herein, must be complied with and, in addition, the Shareholder must comply with the following Rules:
- The Managing Agent must approve the Contractor you wish to retain to perform the work. (There have been instances where Contractors have caused damage to the building systems and have failed to adhere to procedures intended to protect the building and its residents.)
- The Owner must submit the following documents to the Managing Agent. After the Managing Agent has reviewed the documents, you will be advised, in writing, of approval, denial or a request for additional documentation: (The Managing Agents written approval must be obtained prior to the commencement of any alteration or improvement)
- A detailed, written statement describing the scope of work.
- A set of legible plans for the job, signed by a licensed Architect or Engineer.
- A copy of these Rules signed by the Shareholder and Contractor.
- Complete copies of all Contracts made with the Contractors and suppliers. Any and all Contractors must be licensed and a copy of that license must also be submitted. General Contractors may not perform plumbing or electrical work without the having required licenses and must submit same.
- A Certificate of Insurance evidencing Personal Liability, Property Damage, Employee’s Liability and Worker’s Compensation coverage in an amount not less than $1,000,000.00. Certificates will name the Corporation, the Managing Agent and the Shareholder as co-insureds. Each Certificate shall state that the coverage may not be terminated without ten (10) days prior written notice of their termination to the Managing Agent. A Certificate is required for each Contractor and Sub-Contractor.
- A written statement indicating whether any other apartments will be affected by the job (i.e. water, heating or electrical shut off) and, if so, which apartments, in what way, and for how long will be affected. Any aforementioned shut off requires at least a twenty four (24) hour prior notice to any and all affected residents, Managing Agent and Superintendent.
- If, by Law, Statute or Code, the proposed work requires the prior approval of government agencies and the issuance of a Permit, you must submit copies of all Permits and Applications for those Permits.
- If, in the sole discretion of the Managing Agent, an Engineer must be engaged to review any submission, the cost thereof shall be charged back to the unit owner.
- A refundable (if there has been no damage or violation of these Rules) renovation deposit in an amount up to $1,000.00 may be requested and must be tendered prior to written approval being granted.
SALES AND SUBLETS
- Notification of the sale of a unit must be made in writing to the Managing Agent who will provide both a written permit for the move and the right of first refusal after payment of all administrative fees and a $1,000. move in/move out fee. No sale can be completed without proof of compliance.
- The Unit Owner is required to provide the name and contact phone numbers of the new owner. If the new owner will not reside at The Fairways a mailing address is also necessary.
- A lease for new renters in presently rented apartments is to be provided by the Unit Owner to the Managing Agent along with payment of a $500 move in/move out fee. A new renter may not take occupancy without proof of compliance. A minimum one year lease is required.
- Such owners, now called Investors, are required to familiarize their tenants with the rules governing and the responsibilities of a resident at The Fairways.
- Investors will make sure that the number of tenants residing in an apartment with identified square footage is in compliance with state law.
- The renters will be invited to meet with the Board of Managers at its next scheduled meeting.
- Prospective unit purchasers or renters MUST meet with a Board Member and managing agent prior to closing or occupancy to obtain Rules and Regulations. Weekly opportunities will be available to facilitate compliance. Any unit owner who completes a sale or leases a unit without compliance with the above rule will be fined $500.
- Sales require a Waiver of Right of First Refusal and other forms (see Condo Forms), a fee, and also require an additional non-refundable transition fee to the Condominium of $1,000.00. A $500.00 move in/out deposit (refundable) is also required to insure against damages.
- Sublets require approval of the Managing Agent and the completion of a short form application so we have the information on those residing in the premises. A $500.00 transition fee (non-refundable) is due to the Condominium prior to approval and a "interview" will be required. Again, a refundable $500.00 move in/out deposit is also required. Any resident wishing to sublet must have resided in the unit for at least two (2) years prior to any sublet (as amended 1st January 2007).
AMENDMENT TO EXISTING SUBLET REQUIREMENTS (8/1/16)
As we have brought our sublet problems from 46% sublet and about to hit 50% DOWN to approximately 20% (we would like it at 15%), we will try to allow sublets on a select basis where the need is substantial for health, financial or other hardship.
Therefore, The Fairways does allow sublets subject to the following conditions:
- No pets are allowed in sublets.
- An owner must have resided in the unit for three (3) years prior to requesting a sublet approval. All sublets require prior approval from the Managing Agent.
- Hardship requests must be specifically explained.
- Any sublet owner who is late with the payment of common charges, assessments, sublet fee or any other charges will be subject to revocation of their sublet approval and the condo will seek that tenant’s removal. Future sublet applications will not be approved if this scenario occurs.
- Any sub-tenancy that is creating a verifiable disturbance will result in the revocation of the sublet approval and the ultimate removal of the sublet tenancy. Future sublet applications will not be approved if this scenario occurs.
- Any current owner who has their unit sublet, and is not paid in full as of this date, will have their sublet approvals revoked on or about September 1st, 2016 and will not be eligible to sublet in the future.
- An Application will be required for any sublet and an interview will also be required as will ultimate approval of the Board
- All other conditions, except where modified above, remain in full effect.
Per direction of the Board of Managers
of The Fairways
By: Harrin K. Platzner, Managing Agent/Assistant Vice President
INSURANCE REQUIREMENT POLICY: View Policy
|Property Managed by Librett Real Estate Group