Stone Brooke Homeowners Association Policies:

 

The following Policies of the Stone Brooke Homeowners Association have been approved by the Board of Directors:

 

Board Policy on the Use and Care of Paved Walking Paths - Adopted: July 23, 2018

 

Board Policy Concerning Mailbox and Mailbox Posts and Supports - Adopted: August 27, 2017

 

Board Policy Concerning Exterior Utility Line Maintainance - Adopted: August 27, 2017

 

Board Policy on Radon Mitigation Procedures - Adopted: October 27, 2014

 

Policies Restricting and Regulating the Placement of Signs Adopted: July 28, 2014

 

Policy Concerning Installation of Solar Panels - Adopted: June 23, 2014

 

Policies Governing Use of the Swimming Pool - Adopted: March 25, 2013 and amended on September 23, 2013

 

Policies Governing Use of the Clubhouse - Adopted: January 28, 2013

 

Board Policy Concerning Rental of Stone Brooke Lots - Adopted October 29, 2012

 

Board Policy Concerning Shared Cost of Exterior Maintenance - Adopted November 28, 2011

 

Policy/Procedure to Hire and Manage Contractors - Adopted March 22, 2010

 

Responsibility for Cleaning Gutters and Downspouts - Adopted: September 28, 2009

 

Responsibility for Moisture Barrier (e.g., Tyvek) Beneath Siding - Adopted: June 22, 2009

 

Investment Policy Statement - Adopted: March 5, 2007

 

Policies Governing Financial Responsibility for External Maintenance - Adopted: November 24, 2005

 

Policy re trimming trees and shrubs - Adopted: October 24, 2005

 

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Board Policy on the Use and Care of Paved Walking Paths

Adopted: July 23, 2018

 

Statement

The Stone Brooke Homeowners’ Association (SBHOA) owns 8,800 linear ft. of paved walking paths, generally confined to common area property.  These private paths were permitted by the City of Ames, in lieu of emplacing standard concrete sidewalks fronting the properties of the Stone Brooke townhouse community.   The paths are designed as asphalt paved 6-foot wide single purpose walking paths, constructed for the sole use and enjoyment of Stone Brooke (SB) property owners and their guests.

 

Purpose

The purpose of this policy is to provide guidelines for the management and maintenance of the walking paths commensurate with planned usage, legal interpretation, safety, and expenses.  It is also our purpose to comply with the city of Ames that up to 6-ft wide paved paths are restricted to single purpose, and that is walking paths only.

 

Policy

It is the policy of SBHOA to reasonably maintain the paved paths for the sole purpose of Walking Paths only.  Reasonably maintained is meant to say the trails are not suitable for all person’s levels of activity and/or access for all persons.

The paths are not safely suitable for wheel chair access

The paths are not recommended for use during winter conditions, as the Association does not maintain the paths for snow and ice removal.

Signs will be placed and maintained at access locations to the paths to declare that these paths are: walking paths only, not open to the public, and are for the use of SBHOA members and guests.

To comply with this SBHOA policy regarding USE AND CARE OF WALKING PATHS the signage shall read:

 

PRIVATE PROPERTY

USE LIMITED TO STONE BROOKE RESIDENTS AND GUESTS

WALKING PATHS ONLY

LIMITED PATH MAINTENANCE

                                                                                          USE AT YOUR OWN RISK

 

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Board Policy Concerning Mailbox and Mailbox Posts and Supports

Adopted: August 27, 2017

 

Rational: The Covenants say little about maintenance responsibility for mailboxes and mailbox posts but do state in Article V, Section 1 (Use and Allocation of Assessments) that “None of the assessments shall be used for Lots owned by Class B Members.”

 As the mailboxes and posts or supports age, maintenance and eventually replacement will be needed.  The division of responsibility between the homeowner and the Stone Brooke Homeowners Association (SBHOA) must be clearly defined.  It is important that the mailbox, supports and posts must be well maintained for attractiveness of the homes in Stone Brooke.

 

Policy for Class A Members:

 

Class A Members have total responsibility for replacing and maintaining their own mailbox with the exception of Members living on Waterbury Circle where there is a United States Postal Service (USPS) community (cluster) mailbox, purchased and placed there by the developer.  Maintenance or replacement of that community mailbox is the collective responsibility of the residents of Waterbury Circle. Waterbury Circle residents should contact the Ames Post Office for possible help with maintenance or replacement issues especially since USPS rules are continuously changing.

 

Class A Members are responsible for replacing their mailbox posts as needed and painting a wood replacement white (or applying a natural wood stain if preferred) or installing a white resin post that requires no paint.  In the case of more than one mailbox mounted on a single post, the owners must agree on sharing replacement costs and whether the post will be natural wood stained or painted white.   The SBHOA is responsible for periodic repainting of the white wood posts to be done as a part of painting the trim on the town homes (currently about every 6 years). 

 

Waterbury Circle community mailbox support: The SBHOA is responsible for repainting the support although the Ames Post Office may be willing to do the painting.

 

Policy for Class B Members:

 

Class B members have total responsibility for replacing and maintaining their mailboxes and mailbox posts or supports.  There are no restrictions on type or color. Posts or supports must be painted or stained regularly by the owner whenever needed.

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Board Policy Concerning Exterior Utility Line Maintainance

Adopted: August 27, 2017

 

Rational: The Covenants address the matter of exterior utility line maintenance as follows:

Article VII, section 6 of the Covenants.  The Association shall maintain all utility lines exterior to the residences of Class A Members, not otherwise maintained by the utility company. The Owner will be liable for the expense of upgrading the level of any utility service.

 

To date there has been only two known maintenance repairs required as covered in Article VII, section 6. However as town homes age, there is a likelihood that more maintenance will be required in the future. This policy is designed to define what is and what is not a utility line and the division of responsibility between the home owner and the SBHOA.

 

Utility lines that are covered by the section of the Covenants:

  1. Water: Line from the water main line near or under the street exterior to the house.
  2. Sanitary Sewer: Line from the sanitary sewer main line near or under the street exterior to the house.
  3. Natural Gas: Alliant Energy maintains the gas line to and including the gas meter.
  4. Electricity: The City of Ames maintains the power line to and including the electric meter.
  5. Telephone: Telephone company (currently Century Link) maintains the telephone line to the house.
  6. Cable TV/Internet: Cable company (currently Mediacom) maintains the cable line to the house.
  7. Sump pump discharge line: Line from the house foundation to the sump pump collector line or storm sewer near or under the street.
  8. Water, sanitary sewer, and sump pump discharge lines under Fletcher Court to their connections to City of Ames utilities at Fletcher Boulevard.

 

All other services are not considered utility lines and are a homeowner responsibility including but not limited to:

  1. Satellite TV/Internet
  2. Perimeter drainage lines
  3. Geothermal and other heating or cooling lines
  4. Rooftop solar panels

 

Policy:

 

The SBHOA will maintain water, sanitary sewer and sump pump discharge lines as described above. This maintenance includes repair or replacement of the lines as necessary but does NOT include cleaning of sanitary sewer lines. Cleaning of the sanitary sewer lines is a home owner responsibility.

 

Repair of damage to any of the utility lines as a result of owner’s actions or contractor’s actions while working for the owner is a home owner responsibility.

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Board Policy on Radon Mitigation Procedures

Adopted: October 27, 2014

 

Radon is a carcinogenic gas often present in Iowa soils that can seep into homes through basement walls, floors, and sump wells. Exposure to high levels of radon over time can result in lung cancer. Test kits are readily available to test for the concentration of radon in the air in homes and sampling duration may vary from several days to a year. If short term tests are done it is suggested that they be repeated as the amount detected can vary considerably with each test. Changes in weather and barometric pressure can affect the infiltration of radon from the soil into the home. Of course everyday activities and ventilation can affect the accumulation of radon.

 

Radon testing is not required by the City of Ames before residential property may be transferred to a new owner. It is a requirement in some states. However, the home buyer, or more commonly the lending agency, may require a radon test and corrective action if needed. If radon levels are found to be sufficiently high to require mitigation, usually an average of 4 picocuries or more per liter (pCi/L) in the living areas, mechanical abatement equipment may be used. The common procedure is to reduce the air pressure beneath the basement floor by evacuating the sub-floor gasses via a pipe system and fan and expelling them into the atmosphere above the home. The negative air pressure reduces radon infiltration into the home and hopefully reduces interior radon concentrations to acceptable levels. The Stone Brooke Homeowner’s Association is requiring that the fan and pipe system for radon abatement be confined to the interior of the home and garage and that the vent stack be installed through the roof. Any variances to these requirements must be approved by both the Architectural Control and Building Maintenance Committees. 

 

Use of heat recovery ventilators (HRV) and energy recovery ventilators (ERV) will lower radon levels significantly because they replace indoor air with fresh air with no change of interior air pressure (and capture the heat or cooling while bringing fresh air into the home). Their use in the summer may lead to humidity problems.

 

The US standard for radon mitigation is contained in ASTM E-2121.

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Policies Restricting and Regulating the Placement of Signs

Adopted: July 28, 2014

 

The Covenants, Conditions, and Restrictions of Stone Brooke Homeowners Association enacted in 2011 prohibit the placement of signs on any properties in the Association. Please refer to Article XI, Section 2, which reads: No signs, billboards, unsightly objects, or nuisances shall be erected, placed, or permitted to remain on any Lot unless in compliance with reasonable policies adopted by the Board of Directors.

 

The following policies have been adopted:

 

1. Signs advertising or announcing a business, service, or product are not allowed.

 

2. Realtors and homeowners are allowed to post a sign indicating a property (lot) is for sale or in the process of being sold. The sign must be no larger than four square feet in area. It must be removed the day the sale is closed.

 

3. Signs advertising the sale of anything other than a permanent home are not permitted.

 

4. One sign supporting a high school or college team (or player residing in the home) is permitted during the season of the sport or activity. They must be restricted to non-lawn areas near the home and may be no more than four square feet in area.

 

5. Each lot may display no more than two political or election related signs at a time and they may be displayed only during the 30 day period immediately before the day of voting. The signs, which may not exceed four square feet in area, should be placed in non-lawn areas or if placed on a lawn they must be moved for lawn mowing. They must be removed the day after the election.

 

6. Temporary signs associated with events, e.g. open houses, garage sales, parties, are permitted for the day of the event.

 

7. PSA may be instructed to remove and destroy any signs that do not conform to these board policies.

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Policy Concerning Installation of Solar Panels

Adopted: June 23, 2014

 

Written permission of the Stone Brooke Home Owners Association Board of Directors is required before a home owner can install any type of roof-mounted solar collector (except solar-powered attic ventilation fans are permitted without specific Board approval). The home owner must agree in writing to be responsible for any maintenance costs beyond expected maintenance costs that would be incurred without the installation of solar collectors. These costs would include but not be limited to removal and reinstallation of the solar collectors whenever roof repairs and/or replacements are needed. In addition, the home owner must agree to inform a future purchaser of the home in writing (with copy to the Board) that he/she will be required to sign an agreement with the Board stating his/her responsibility for the added maintenance costs.

 

Prior to seeking permission from the Board of Directors to install solar panels, homeowners are required to receive approval from the Architectural Control Committee. The Architectural Control Committee will evaluate the proposed installation in order to assure that the solar panels do not detract from the harmonious appearance of Stone Brooke properties. All proposals shall meet the following guidelines at a minimum:

 

1. A non-street view roof line must be utilized for the installation.

 

2. The solar panels must match the color of the roof as best as possible.

 

3. The solar panels must have sufficient glare resistance as to not cause a distraction to other homeowners. (Specifications from manufacturer must be provided)

 

4. The solar panels must not produce a significant amount of heat as to cause harm to the existing or adjoining homes. (Specifications from manufacturer must be provided)

 

5. The installation of solar panels must be square to the roof line(s).

 

6. The solar panels must be flat to the roof line(s) and may not be tilted.

 

7. The resident requesting installation of solar panels must receive all necessary building permits.

 

8. The installation of solar panels may require that the homeowner’s insurance policy carry an additional rider specific to the solar panels.

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Policies Governing Use of the Swimming Pool

Adopted: March 25, 2013 and amended on September 23, 2013

 

**Members of the Clubhouse and Pool Committee are listed on

the small bulletin board by the telephone in the clubhouse hallway

 

Eligibility for Use of the Pool

 

1. The swimming pool and the surrounding area enclosed by the fence are for the use and enjoyment of Stone Brooke Home Owners' Association (SBHOA) members' families or families renting Stone Brooke units and living in Stone Brooke units. (Note that the term "resident" will encompass both SBHOA members and renters of Stone Brooke units-both Class A and Class B as defined in the Covenants, Conditions and Requirements of the SBHOA.)

 

2. The SBHOA will issue each resident household a key that will allow access to the lobby of the clubhouse and to the pool. Each resident household is responsible for maintaining the security of this key. Persons using the pool should keep the clubhouse door locked at all times. If a resident loses this key, the resident should request a replacement key from the Chair of the Clubhouse and Pool Committee. The resident will be charged twenty dollars ($20.00) for the replacement key.

 

3. Resident children age 14 and under must be accompanied in the pool area at all times by a parent or by a designated adult supervisor 18 years or older.

 

4. Three or more persons age 17 and under must be accompanied at all times by a resident at least 21 years old.

 

5. Residents MUST accompany guests they invite to use the pool. Residents must show appropriate consideration of other residents when bringing guests to the pool. A resident who wishes to entertain a large number of children, family members, or friends should reserve the pool (see #6 below) on a Wednesday evening.

 

6. Wednesday evenings are set aside for private pool parties. Any Stone Brooke resident may reserve the pool area and/or the clubhouse meeting room for a private party on Wednesday evenings from 5 to 8 PM. To reserve the pool and/or the clubhouse meeting room, contact the reservations coordinator. The name of the coordinator is posted in the entryway of the clubhouse and is listed in the Stone Brooke Directory. Please call the reservation coordinator only between 9AM and 9PM, Monday through Friday.

 

Note: Reserving the pool does not automatically reserve the clubroom. (Clarify this with the reservation coordinator.)

 

Note: When the meeting room is reserved in conjunction with a pool party, all meeting room policies apply, e.g., wet pool attire is not permitted in the meeting room.

 

Because of the high demand for pool parties on Wednesday evenings, each resident is allowed only a single pool reservation each season. A sign showing dates of private pool parties will be posted on the door to the pool. If the pool has not been reserved for a private party on a Wednesday evening, the pool is open to all Stone Brooke residents.

 

Use of the Pool

 

1. The Stone Brooke pool has no lifeguard on duty. Please follow safety precautions posted in the pool area. For emergency purposes, a rescue hook is available on the west wall of the pool area. A first aid kit is available in the clubhouse furnace room, and a telephone in the clubhouse hallway may be used for emergencies.

 

2. The pool is ordinarily open from Memorial Day to Labor Day. Association members will be notified by e-mail if the dates are extended.

 

3. In consideration of nearby Stone Brooke residents, swimming is not permitted before 7 AM and after 9:00 PM. In addition, pool users should keep noise to a minimum in the early and late hours.

 

4. The pool is open and maintained daily during nice weather. Since pool maintenance occurs very early in the morning, early-morning swimmers should be aware that maintenance people may be present and that pool chemicals may not be regulated properly.

 

5. The pool may be closed by the Clubhouse and Pool Committee or the pool maintenance contractor at any time due to weather or other conditions (e.g., repair).

 

6. No resident should attempt to "fix" anything at the pool. Please notify the Chair of the Clubhouse and Pool Committee of any item that needs to be "fixed."

 

7. Residents may not remove the "pool closed" sign; only the Chair of the committee or the pool maintenance company may do so.

 

8. The pool should not be used during rainy weather or when lightning is present.

 

Restrictions within the pool area

 

1. No running is permitted in the pool area.

 

2. Only swim wear is allowed in the pool; cutoffs and/or disposable diapers are not allowed in the pool. (They can cause extensive and expensive damage to the filter system.)

 

3. Only battery-operated appliances are allowed in the pool area. The noise level of any device should not penetrate beyond the pool fence and should not be objectionable to those in the pool area.

 

4. Glass containers of any kind are not allowed in the pool area.

 

5. Stone Brooke residents using the pool must clean up all personal litter. Please take all garbage with you as the Clubhouse has no garbage pick-up. Personal property should not be left in the pool area overnight. The Stone Brooke Home Owners' Association is not responsible for lost or stolen property.

 

6. Pets and/or bicycles are not allowed in the pool area.

 

7. No smoking is allowed in the pool area.

 

Responsibilities

 

1. If any Stone Brooke resident is responsible for any willful destruction of property in the pool and/or pool area (i.e., willfully caused by them, their dependents and/or their guests), the resident will be financially liable for the cost of repair.

 

2. Rowdy behavior will not be tolerated. The Chair of the Clubhouse and Pool Committee, any member of the pool committee, or any member of the Board of Directors has the authority to request that individuals leave the pool if they are in violation of the pool policies.

 

3. A limited amount of deck furniture is provided. Residents may bring personal deck chairs to the pool. The Stone Brooke Homeowners Association is not responsible for any damage to personal deck chairs.

 

4. Every Stone Brooke resident is responsible to bring any violation of these policies to the attention of a member of the pool committee or the Board of Directors.

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Policies Governing Use of the Clubhouse

Adopted: January 28, 2013

 

1. The Stone Brooke Clubhouse is a handicap accessible, non-smoking facility for the official use of the Stone Brooke Home Owners’ Association and the social and non-commercial use and enjoyment of Stone Brooke Home Owners’ Association (SBHOA) members and residents who live in Stone Brooke. (Note that the term, “resident” will encompass all SBHOA members—both Class A and Class B as defined in the Covenants, Conditions and Requirements of the SBHOA.)

 

The clubhouse consists of a meeting room with minimal kitchen facilities and two restrooms. An inventory of kitchen dishes available in the meeting room is posted in the meeting room. Paper towels, dishwashing soap, trash bags, tables and chairs are furnished. The host/hostess is to supply dishtowels and table coverings as desired.

 

There is also a parking area adjacent to the clubhouse for the use of guests during the time the clubhouse is reserved.

 

2. Any Stone Brooke resident, who is at least 21 years old, may obtain use of the clubhouse meeting room by making a reservation with the reservations coordinator. A meeting room reservation is for a single continuous block of time on a single day. The name of the reservations coordinator is posted in the entry of The Stone Brooke clubhouse and is listed in the Stone Brooke directory. PLEASE CALL THE RESERVATION COORDINATOR ONLY BETWEEN 9.00 AM AND 9.00 PM, MONDAY THROUGH FRIDAY. The resident who makes the reservation is designated as “host/hostess” of the function. At the time a reservation is made, the resident must indicate the length of time the clubhouse will be used and the type of function.

 

3. The host/hostess will arrange to PERSONALLY pick-up three keys from the reservation coordinator shortly before the scheduled start of the function. (One key is to enter the clubhouse, one key is to “keep-open” the entry door, and one key is to the meeting room.) The host/hostess shall PERSONALLY return the keys to the coordinator IMMEDIATELY after the function. Since more than one reservation can be scheduled for the same day, if the host/hostess fails to return the keys in a timely fashion and the keys are unavailable for the next reservation, the host/hostess will be fined one hundred dollars ($100.00) This fine will be added to the monthly assessment. If the keys are lost and the doors need to be re-keyed, the person who was responsible for the keys will be expected to cover those costs up to $500.00.

 

4. The host/hostess is responsible for the whole clubhouse and its furnishings from the time the keys are picked-up until they are returned.

 

5. The use of the meeting room by residents is mainly intended for social gatherings, such as graduation, birthday and other social parties. The clubhouse cannot be reserved for commercial use (e.g., Tupperware party, garage sale). Stone Brooke residents may reserve the meeting room for multiple parties within a calendar year. Stone Brooke residents may reserve the meeting room for a non-social gathering (e.g., a service club meeting) twice each calendar year. Policies concerning keys, guests, and condition of the clubhouse and meeting room also apply to non-social gatherings.

 

6. The clubhouse is to remain locked, except when the meeting room is in use.

 

7. The host/hostess must be present in the clubhouse for the duration of the function and is also responsible for overseeing the appropriate use of the parking area.

 

8. Before the keys are returned, the host/hostess is responsible for cleaning the meeting room after its use and for removing all trash from the meeting room and the bathrooms that may have been generated during the function. (The clubhouse does not have trash pick-up.)

 

The host/hostess must follow the cleanup checklist as posted in the meeting room before returning the keys. After following the checklist the host/hostess must sign-out of the clubhouse on the sheet attached to the checklist.

The host/hostess is responsible for repairing any damage and /or replacing any breakage that may occur during the reservation period. If something is spilled on the carpet, the cleaning instructions on the carpet cleaner located under the sink should be followed. If the stain cannot be cleaned, a member of the Clubhouse Committee should be notified. The list of clubhouse committee members is posted on the small bulletin board near the phone.

 

If any member of the SBHOA Board of Directors verifies that the clubhouse was left in an unsatisfactory state, the SBHOA Board of Directors will determine the cost of the cleaning, repair and /or replacement and will invoice the host/hostess.

 

WHEN A HOST/HOSTESS ENTERS THE CLUBHOUSE AND IT IS IN AN UNSATISFACTORY STATE, ONE OF THE COMMITTEE MEMBERS SHOULD BE NOTIFIED IMMEDIATELY, SO THE APPROPRIATE PERSON IS APPROACHED FOR REPAIR.

 

When a host/hostess leaves the clubhouse in an unsatisfactory condition they will be barred from reserving the clubhouse for a period of one year. If any host/hostess leaves the clubhouse in an unsatisfactory state a second time, that host/hostess shall be permanently barred from reserving the clubhouse.

 

9. Renters of units in Stone Brooke, that have been approved by the SBHOA Board of Directors, will be able to use the pool but WILL NOT be able to reserve the clubhouse.

 

10. Unless the reservation includes both the clubhouse and pool (Wednesday nights only), all Stone Brooke residents retain their right to access the swimming pool and the restroom facilities in the clubhouse while the meeting room is in use.

 

11. When the meeting room is used after 10 PM, the host/hostess must be considerate of residents living near the clubhouse and must use appropriate noise and traffic controls.

 

12. The meeting room thermostat, a preprogrammed unit, shall not be set other than allowed by the posted guideline. (The temperature is adjusted by pressing the “up” or “down” arrow button. After a few hours, the thermostat will revert to its preset temperature.)

 

13. Doors and windows are to remain closed when heating or air conditioning is in use.

 

14. Wet swimwear is not allowed in the meeting room. The chlorine from the pool will spot the carpet and furniture.

 

15. Pets are not allowed in the meeting room; however, guide/helper dogs for the impaired are allowed.

 

16. Appliances and/or furniture shall not be removed from the meeting room, e.g., temporary relocation of appliances and/or furniture to the pool area is not allowed.

 

17. All supplies and/or equipment brought into the clubhouse shall be removed at the end of the reservation. (Any donation(s) of supplies and/or equipment to the clubhouse require prior approval by the Clubhouse and Pool Committee.)

 

18. If residents violate these policies, the privilege of using the meeting room may be revoked by the SBHOA Board of Directors.

 

19. EVERY STONE BROOKE RESIDENT IS RESPONSIBLE TO REPORT ANY VIOLATION OF THESE POLICIES to the Chair of the Clubhouse and Pool Committee, a member of this committee, or to a member of the SBHOA Board of Directors.

 

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Board Policy Concerning Rental of Stone Brooke Lots

Originally Adopted: October 29, 2012

In Effect as of: December 1, 2012

 

Background

 

The Stone Brooke Home Owners’ Association Declaration of Covenants, Conditions and Restrictions approved on or about May 25, 2011, includes in Article VIII Restrictions Limiting Use of Lots, Section 8 which reads: “In order to protect the integrity of the Properties and to insure that those persons residing therein have similar proprietary interests in the Lots, no Lot shall be leased or rented without the written consent of the Board of Directors." And Article XV, General Provisions, Section 1 includes the sentence, "The Board of Directors may adopt a list of remedies and a schedule of fines to be imposed for violations of the policies."

 

Discussion

 

After extensive discussion in the spring of 2011 during the process of revising all Stone Brooke Home Owners’ Association governance documents, the Association members unanimously expressed the opinion that Stone Brooke lots are to be owner-occupied to the maximum extent possible. Yet the members expressed a willingness to accommodate short term rentals for explicitly expressed reasons and with the annual approval of the Association’s Board of Directors. In accordance with these desires, the following policy is drafted and the adoption process as described in the Association’s By-laws approved on April 26, 2011, Article V Board Policies, Section 5 (repeated below) will be used.

 

Policy

 

No Lot, including both Class A and Class B members’ lots, shall be rented without the prior, written consent of the Association’s Board of Directors. No sublets are permitted by any renter.

 

Failure to obtain such Board approval prior to an owner signing a rental agreement shall be deemed a violation of the Association’s Declaration of Covenants, Conditions, and Requirements and the owner shall be subject to a fine determined by the Board; such fine shall not be less than one thousand dollars ($1,000) for each 12 month period, or fraction thereof, of the unauthorized rental agreement.

 

Factors that might lead to Board approval of a rental for a limited time period include:

· Rental after purchase but before owner occupancy

· Rental as owner attempts to sell

· Rental to accommodate a resident-owner who leaves Ames temporarily

· Rental to an immediate family member (defined as parent, child, or grandchild)

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Board Policy Concerning Shared Cost of Exterior Maintenance

Adopted: November 28, 2011

 

Rationale: The SBHOA and owners of townhomes share responsibility for maintaining the exterior of the townhomes. In general, the SBHOA is responsible for siding, painting of siding, roofs, gutters and down spouts, while homeowners are responsible for windows, doors, special items like skylights and light pipes, and replacement cost insurance covering storm damage, fire and other hazards. There is a need for guidelines that the Stone Brooke Property Manager can use to properly assess responsibility in

the majority of cases. Special or unusual cases will still require action by the Building Maintenance Committee and/or the SBHOA Board of Directors.

 

Exterior Maintenance that is the Responsibility of Townhome Owners:

 

1. Walkthrough doors (including storm doors) and garage doors. This includes proper installation/replacement/repair of the doors and any damage to the siding or under the siding caused by improper installation/replacement/repair. The door frame/brick molding around the roll up garage doors is considered to be part of the siding/trim so is the responsibility of the SBHOA. The door frame/brick molding around walkthrough doors is considered homeowner’s responsibility because these walkthrough doors come with the door already mounted in the frame.

 

2. Windows. This includes proper installation/replacement/repair of windows and any damage to the siding or under the siding caused by improper installation/replacement/repair. The frame/molding around windows is considered homeowner’s responsibility because the frame is delivered as part of the window.

 

3. Any homeownerinitiated modification to the siding and any damage to the siding or under that siding that is caused by an improper modification.

 

4. Skylights, light pipes or similar roofpenetrating products. This includes proper installation/replacement/repair of these items and any damage to the shingles or under the roof surface caused by improper installation/replacement/repair.

 

5. Light fixtures and electrical outlets. This includes proper installation/replacement/repair of light fixtures/outlets and any damage to the siding or under the siding caused by improper installation/replacement/repair.

 

6. Existing decks, railings, fences, patios, retaining walls, landscaping, sidewalks and driveways on a homeowner’s property. Any new construction of this type requires the approval of the Architectural Control Committee. Fences and retaining walls straddling the property line between the homeowner’s property and SBHOA common area shall be an equally shared responsibly between the homeowner and SBHOA.

 

7. Gutters and down spouts if replaced only for the homeowner’s convenience. Cleaning of gutters.

 

8. Installation of Tyvek (or similar waterproof barrier) immediately under the siding if this was not part of the original townhome construction.

 

9. Original townhome construction errors that result in damage under the siding or roof.

 

10. Interior damage and under shingle damage caused by ice dams, rain or snow blowing into the attic through vents, and winter condensation on the underside of the roof because of poor attic ventilation or because bath or kitchen vents exhaust into the attic space.

 

11. Full insurance coverage on his/her property and for all repairs and replacements covered by such insurance or caused "by the willful or negligent act of the owner," including the deductible portion of the insurance coverage (except as noted under the SBHOA

responsibilities). The homeowner is responsible for informing the Property Manager as an agent of SBHOA and his/her insurance company of any damage. The Property Manager or the homeowner can handle the details of the repairs but in either case, all roofing and siding materials must meet SBHOA specifications. The Property Manager will, if managing the repairs, locate a qualified contractor, supervise his/her work and give final approval to the repair work. If the homeowner manages the repairs, the Property Manager must approve the selection of a contractor(s), materials and construction methods, provide inspection services during the repair, and give final approval of the completed work. Any insurance payment for the cost of roofing, siding/painting and gutter repairs must be made jointly to the SBHOA and the homeowner.

 

When roof damage is not covered 100% by insurance (less the deductible) and would result in only partial replacement of a roof, the Property Manager in consultation with the Building Maintenance Committee and the homeowner may agree, or may prefer, that the roof be entirely replaced. In that case, the Property Manager will handle the replacement. The SBHOA will charge the owner the cost of the roof replacement minus the insurance reimbursement but give credit up the cost of the roof replacement for years that roofing dues have been paid on the property. Although each homeowner is responsible for obtaining his/her own property insurance and is therefore free to choose his/her insurance carrier, homeowners who share attached units are advised to consider having a common insurance carrier. This will avoid problems that may arise when two different carriers recommend different adjustments for, as an example, damage to a common roof.

 

Exterior Maintenance that is the Responsibility of the SBHOA: (Details of such maintenance are handled by the Property Manager as agent for the SBHOA who is responsible for periodic inspections to determine where/when exterior repair or replacement due to deterioration with age is needed.)

 

1. Siding and trim repair and replacement. This includes repair of damage under the siding caused by water infiltration through the siding or trim.

 

2. Painting of siding and trim. This includes painting of the entire unit as well as touch up painting that may be required.

 

3. Roof repair and replacement. This includes repair of damage under the shingles caused by water infiltration through the shingles. It also includes repair and/or replacement of roof vents. Flexible boots around plumbing vents that penetrate the roof will be replaced whenever a roof is replaced. It does not include repair or replacement of metal flashings such as around chimneys, skylights and light pipes.

 

4. Gutter and down spout maintenance and replacement but not including gutter cleaning or replacement for the homeowner’s convenience.

 

5. Utility lines exterior to the residence not maintained by the utility company except upgrades will be at the owner’s expense.

 

6. Repair of minor storm damage to roofs, which is less than the deductible on the insurance, SBHOA will pay up $100 per townhome. Cost of damage exceeding $100 will be the homeowner's responsibility.

 

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Policy/Procedure To Hire and Manage Contractors

Adopted: March 22, 2010

 

Background

 

The Stone Brooke Home Owners' Association (SBHOA) has hired a management company, currently Property Service Agency (PSA), to assist with the hiring and overseeing other contractors. SBHOA, through its Board of Directors, will decide if a need exists for the SBHOA to hire a contractor to perform specific, designated work. Generally the nature of the work to be performed will fall into an area that is the responsibility of one of the SBHOA standing committees. If not, the Board may create an ad hoc committee to perform as proscribed below. It is anticipated that some work may involve shared responsibility between the homeowner and SBHOA.

 

Policy/Procedure

 

1. The appropriate SBHOA committee will, with the assistance of PSA, prepare the scope of work statement and other pertinent information (e.g., deadline for the receipt of quotes) for a request for quote.

 

2. The request for quote will make clear that each contractor must provide, with their bid:

a. Evidence that the contractor has liability insurance of at least one million dollars ($1,000,000)

b. Evidence that the contractor has worker's compensation insurance covering

all workers to be employed in SBHOA work.

 

3. PSA will identify potential contractors who may be qualified to perform the work requested, will solicit quotes, and will receive quotes.

 

4. PSA will inform any contractors who do not provide the required evidence of insurance that their bid will not be considered.

 

5. PSA will evaluate all qualified bids and rank them in order with number one being the bid of the contractor that PSA most highly recommends be granted the contract. In addition to cost, PSA will consider in its evaluation: contractor experience and reputation, contractor work guarantees, evidence of the quality of work performed by the contractor, ability of the contractor to relate well to property owners, and timing of the work schedule proposed by the contractor. If PSA is not able to recommend any of the contractors submitting bids, they will so inform the appropriate committee who will then decide whether to rebid the work or to not do the work.

 

6. The appropriate committee will discuss with PSA their evaluation of qualified bids and will decide which contractor the committee recommends to the Board of Directors. The appropriate committee will also provide the Board with a recommended draft of the contract to be let.

 

7. The Board of Directors will decide which contractor will be awarded the contract and will approve the statement of the contract. The President of the Board will sign the proposed contract before any work begins.

 

8. Once a duly offered contact for work has been accepted by the contractor, PSA will

a. oversee the work of the contractor,

b. ensure that appropriate standards of work are met,

c. upon completion of the work and receipt of the invoice for the work, verify that the

invoice is complete and consistent with the contract.

d. recommend to the appropriate committee and to the Board of Directors that the

contractor's invoice be paid in a timely manner.

 

9. If particular job is sufficiently small that preparation of a written contract is inappropriate or inefficient, this work may be arranged through a verbal agreement. PSA will submit such requests to the responsible committee chair for consideration and approval by the SBHOA president. It is expected that verbal agreement will mainly be used for work with a total cost under $500.

 

10. For work appearing to have shared responsibility between the SBHOA and the homeowner, separate contracts will be used for the SBHOA portion and the homeowner's portion. If it is necessary to complete the homeowner's portion first, the owner will be so notified by PSA. The homeowner will be afforded the option of using SBHOA's contractor or a contractor of the owner's choosing to complete the owner's portion to SBHOA standards, provided that the contractor is on the SBHOA Approved Contractor List or can obtain board approval as described in paragraph 13 below. PSA will ensure that for jobs that are homeowner responsibility that all is clear before proceeding: · PSA should inform the homeowner that the job is not an SBHOA responsibility but there is a contractor available if the homeowner agrees to pay. · The contractor and the homeowner should reach an agreement. · The contractor should bill the homeowner with an info copy to PSA.

 

11. If, after work has started, it is determined there is a shared responsibility between the SBHOA and the homeowner, PSA will insure that work ceases and the partially completed work is made weather tight until all parties are notified of the shared responsibility, per paragraph 10 above, and a suitable agreement is reached with the homeowner for completing the owner's portion.

 

12. It is anticipated that with the implementation of this policy a list of contractors approved to perform work for the SBHOA will be prepared and made available to all homeowners. For contractors to be on the approved list they are required to provide to PSA the insurance documentation specified in paragraph 2 above and evidence of the characteristics sought in paragraph 5. A committee desiring to get a contractor added to the SBHOA approved list will communicate the request to the board through its board member liaison.

 

13. In the event work having shared responsibility is undertaken by the homeowner or by the owners contractor who is not approved by the SBHOA, the owner will be given written notice that in the event damage occurs which is caused by or could reasonably have been caused by such work that the SBHOA will take no responsibility for repairing such damage.

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Responsibility for Cleaning Gutters and Downspouts 

Adopted: September 28, 2009

 

Background: The Stone Brooke Home Owners' Association Declaration of Covenants, Conditions and Restrictions includes in Article IX Architectural Control and External Maintenance, Section 2 Exterior Maintenance, paragraph (a) the sentence, "The Association shall provide exterior maintenance upon each building on Lots owned by Class "A" members which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, down spouts, exterior building surfaces, and other exterior improvements." The question has been raised, "Does the Association pay for the cleaning of gutters and down spouts?"

 

Discussion: After discussion with a number of long-standing Association members, it seems clear that the Association has had a long-standing practice of not paying for the cleaning of gutters and/or down spouts. However, it appears that no Board of Directors' Policy to this effect has ever been adopted. Hence, this statement of Association Policy will make "official" the long-standing practice.

 

Policy: It is the Class A homeowner's responsibility to clean the gutters and down spouts of his/her home.

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Responsibility for Moisture Barrier (e.g., Tyvek) Beneath Siding

Adopted: June 22, 2009

 

Background: It is the responsibility of the Stone Brooke Board of Directors to interpret our Covenants for the benefit of Stone Brooke residents. Issues occasionally arise in regard to town home building maintenance and about allocation of expenses between those that are the responsibility of the Association and those that are the responsibility of an individual homeowner.

 

Reference: Stone Brooke Covenants, Conditions, and Restrictions, Article IX, Section 2

 

Policy Discussion: Siding replacement expense, part of the "exterior surface", is the responsibility of the Association as described in the Covenant. Town home owners currently pay $22 per siding unit for siding and painting replacement as part of monthly dues. We, the Association and the home owners, are required to install new siding according to current City of Ames building codes. Current city codes require a moisture barrier, e.g., Tyvek or a comparable material, under the siding. The Hardi-Plank siding we use also has similar warranty requirements. Most recently constructed town homes have Tyvek, or a comparable material, installed properly, i.e., according to current city codes.

 

Policy: The town home owner is responsible for the expense of correcting any current city codes siding deficiency that is traceable to the contractor who originally built the town home. The Association is responsible for the expense of correcting of any current city codes siding deficiency that is traceable to a contractor hired by the Association.

 

Examples: Therefore, if our Stone Brooke property management firm finds that the original siding was installed without such a moisture barrier, or that the original moisture barrier was improperly installed, or other code deficiencies are present as a result of the original construction, then the town home owner is responsible for the expense associated with correcting such code deficiencies. If our property management firm finds any problem with the moisture barrier, or lack thereof, that was caused by improper installation, or failure to install, by a contractor hired by the Association, then the Association is responsible for the expense associated with correcting such code deficiencies.

 

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Investment Policy Statement

Adopted: March 5, 2007

 

Statement of Purpose: The purpose of this policy is to provide guidelines for the investment of Stone Brooke Homeowners' Association (SBHOA) funds. Funds available for investing shall be SBHOA liquid funds in excess of those needed for SBHOA daily operations.

 

Investment Objective: The basic objective of the SBHOA investment policy shall be to offset future increasing costs by generating income through authorized investments, as outlined below.

 

Investment Guidelines: Available funds shall be invested in a manner that, in order of priority:

A. Preserves capital.

B. Provides liquidity.

C. Diversifies risk. D. Provides an opportunity for increased returns.

 

Authorized Investments:

A. Direct obligations of the U.S. Treasury including Treasury Bills, Notes, and Bonds.

B. Federal Agency Securities which carry the explicit or implied guarantee of the U.S. Government.

C. U.S. Bank Certificates of Deposit. Investments will be limited to those institutions with FDIC Insurance up to a maximum principal amount of $100,000 per institution.

D. Repurchase agreements with SBHOA's main operating bank or other approved U.S. domiciled banks.

E. U.S. domiciled money market mutual funds that offer daily purchase and redemption and maintain a constant $1.00 net asset value.

F. Equities that represent ownership in companies, not including individual issues unless in a managed portfolio with clearly stated objectives. Such a portfolio should have an acceptable track record of 10 years or more. This could include mutual funds, managed accounts, or unit investment trusts.

 

Prohibited Investments:

A. Any investment that would be considered speculative.

B. Options or other types of derivative securities, including funds that may contain these types of securities.

 

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Policies Governing Financial Responsibility for External Maintenance

Adopted: November 24, 2005

 

Based on the Covenant of the Stone Brooke Homeowners Association (Article IX, Section 2, page 11; and Article XV, Section 1, page 16), the following policies will govern financial responsibility for external maintenance of Stone Brooke Class A (Town Home) units, including repairs and replacements:

 

1. The home owner is responsible for full insurance coverage on his/her property and for all repairs and replacements covered by such insurance or caused "by the willful or negligent act of the owner," including the deductible portion of the insurance coverage. The homeowner is also responsible for damage or shortened roof life resulting from faulty construction. The homeowner is responsible for informing the Building Maintenance Committee of any damage and for handling the details of the repairs. The Building Maintenance Committee will, if requested, assist the homeowner in locating a qualified professional and should, in any case, give final approval to the repair work.

 

2. The Association is responsible for exterior maintenance not covered by the homeowner's insurance, including "paint, repair, replace and care of roofs, gutters, down spouts, exterior building surface, and other exterior improvements." Details of such maintenance are handled by the Building Maintenance Committee, which is responsible for periodic inspections to determine where exterior repair or replacement due to deterioration with age is needed.

 

3. In cases in which roof damage covered by insurance would result in only partial replacement of a roof, the Building Maintenance Committee may agree, or may prefer, that the roof be entirely replaced. In that case, the Committee will handle the replacement, charging the owner for the remaining roof life of the pre-damaged roof but giving credit for years that dues have been paid.

In the case of those repairs for which the owner is responsible, the Building Maintenance Committee will, if requested, assist the owner in dealings with the insurance company, obtaining the contract to repair, and scheduling the repair. The committee will not conduct insurance negotiations, warranty negotiations, or roof inspections or repairs that require climbing on the roof; the committee will, however, explore contracting with an individual or a company to carry out such activities.

Although each homeowner is responsible for obtaining his or her own property insurance and is therefore free to choose his or her insurance carrier, homeowners who share attached units are advised to consider having a common insurance carrier. This would avoid problems that may arise when two different carriers recommend different adjustments for, for example, damage to a common roof.

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Policy re trimming trees and shrubs

Adopted: October 24, 2005

 

As set forth in Article IX of the Stone Brooke Covenants, it is the responsibility of each homeowner to maintain the trees and shrubs on their property to prevent damage to roofs and siding (town homes only). Failure to do so could hinder the mowing of lawns, could affect the appearance of the Stone Brooke neighborhood and could damage roofs and siding.

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