Newmark Homeowners Association Rules and Regulations

Ratified Aug 24, 2010

Article 1. Resident Relations and Conduct

1.1 Owners, Occupants, Tenants, and Visitors (hereinafter “Residents”) are required to comply with the following Rules and Regulations. The NHOA may assess fines for violations of these Rules and Regulations. 

1.2 Owners must provide copies of the Declaration, Bylaws, and Rules and Regulations to all Tenants and Occupants.

1.3 Owners are responsible for the conduct of their Occupants, Tenants, and Visitors.

1.4 If any damage is caused and/or a rule is violated by an Owner’s Occupant, Tenant, or Visitor, the Owner shall be responsible for paying all losses and/or fines associated with the damage or violation.

Article 2. Noise

2.1 Noise shall be kept at a reasonable level at all times to avoid disturbing others. Noise is unreasonable if it can be heard within a Unit or is disturbing to others in common areas with the exception of noise caused due to approved construction activity.

Article 3. Security

3.1 Residents should take care to maintain the security of the building.

3.2 Common area doors shall not be left open unattended.

3.3 Residents shall not allow unknown persons to enter the building.

3.4 Residents shall ensure that access doors and gates are fully closed after each use. 

Article 4. Smoking

4.1 Smoking is prohibited in all of the common elements, except the fifth floor deck. 

4.2 Smoking is permitted on the fifth floor deck unless it interferes with others’ enjoyment of the deck. 

4.3 Cigarette butts and matches must be disposed of in a proper receptacle. 

4.4 Smoking is permitted on Unit balconies unless it interferes with the occupant of another

unit, including but not limited to improper disposal of cigarette butts or matches. 

Article 5. Fines

5.1 A violation of these Rules and Regulations, the Bylaws, or the Declaration will result in a fine as described herein. The NHOA will deliver to Resident a notice of violation, which specifies the amount of the fine and the process available for payment or appeal.

5.2 The request for an appeal must be made within 7 days of delivery of the notice of violation. The appeal shall be conducted pursuant to procedures established by the Board.

5.2.1 If the Resident successfully contests the violation, pursuant to procedures established by the board, no fine is due.

5.3 Fines are due within 7 days of delivery of a notice of violation or at the conclusion of a hearing.

Article 6. Collection of Dues, Assessments, and Fines

6.1 Dues and assessments are due on the first of the month.

6.2 Fines are due as described in 5.3 above.

6.3 Dues, assessments, fines, penalties, and charges (hereinafter “Payments”) are delinquent if not paid on the date due.

6.4 Delinquent Payments not received within 10 days of the date due will incur a late charge of five percent (5%).

6.5 Unpaid Payments will bear interest at the maximum rate permitted by law.

Article 7. Common Areas

7.1 Residents shall be responsible for all damage to Common Elements caused by them or their Visitors. Failure of Residents to report damage is designated a Class A Violation.

7.2 Pool/Spa/Sauna:

7.2.1 The pool area shall be open for Resident use between the hours of 5:00AM and 12:00AM. No use is permitted between the hours of 12:00AM and 5:00AM.

7.2.2 All persons must shower before using the pool, spa, or sauna, and must wear appropriate swimwear in the pool area. 

7.2.3 No diving is allowed in the pool or spa. 

7.2.4 No pets are allowed in the pool area. 

7.2.5 No alcoholic beverages, glass or breakable materials are allowed in the pool area. 

7.2.6 Persons with open sores, bandages, or infectious diseases may not use the pool, spa, or sauna. 

7.2.7 Children under the age of 16 may use the pool but must be accompanied by an adult. 

7.2.8 Children ages 13‐15 may use the spa or sauna but must be accompanied by an adult. 

7.2.9 Children under the age of 13 may not use the spa or sauna. 

7.2.10 Residents may allow only 4 guests to use the pool area at any one time. 

7.2.11 Residents must accompany their guests at all times while using the pool, spa, or sauna. 

7.3 Tower Club Room (TCR):

7.3.1 The TCR is closed between 12:00AM and 5:00AM. 

7.3.2 Residents desiring exclusive use must reserve the TCR through the Homeowner Services Representative (HSR). Reservations require a $200.00 refundable deposit.

7.3.3 Residents who have reserved the TCR shall inspect for damage prior to use and report any damage to the HSR. Following use, HSR shall inspect the TCR for damage. Residents shall be responsible for damage not reported prior to use.

7.3.4 The deposit shall be returned after HSR confirms Resident caused no damage.

7.3.5 The Tower Club Room must be left clean after each use. If not properly cleaned, all cleaning fees will be charged to the Resident.

7.3.6 Rearranging furniture is allowed so long as it is returned to its original location.

7.4 Business Center

7.4.1 No food or drink is allowed in the business center. 

7.4.2 No obscene material may be downloaded to or viewed from the business center computers. 

7.4.3 Children under 12 must be accompanied by an adult. 

7.5 Lobby and Passenger Elevators

7.5.1 Bicycles are not allowed in the lobby. 

7.5.2 Pets are not allowed in the lobby or elevators except on a leash. 

7.5.3 Pets should not unreasonably interfere with others’ enjoyment of the lobby or elevators.

7.5.4 Elevators must be padded prior to moving any material that may cause damage to the elevator. 

7.6 Fifth Floor Deck

7.6.1 Residents using the deck must abide by the building noise regulations.

7.6.2 Residents shall not access the commercial roof adjacent to the deck. 

7.7 Exercise Room

7.7.1 All users of the exercise room must abide by posted rules.

7.7.2 Children aged 14 and under must be accompanied by an adult Resident. 

7.7.3 Equipment in the exercise room must be used in accordance with posted instructions. 

7.7.4 No equipment may be removed from or added to the exercise room without Board approval. 

7.8 Guest Suite - N/A

7.9 Unit Balconies

7.9.1 Balcony furnishings are strictly limited to plants and seating, all of which must be secured to prevent them from being blown off by wind. Nothing further shall be permitted, including, but not limited to: 

7.9.1.1 Awnings or shades

7.9.1.2 Barbecuing or cooking equipment

7.9.1.3 Bicycles or other such vehicles

7.9.1.4 Debris or packing materials

7.9.1.5 Anything which protrudes beyond the railing.

7.9.2 Dropping or throwing anything from balconies is strictly prohibited. This includes cigarettes, overflow from watering plants, or sweepings. Drain holes must be plugged when water is applied to the decks. No dust mops, rugs, or tablecloths shall be shaken from, or left on, balconies, windows or entries. 

7.9.3 Do not feed birds from any location of the building. 

Article 8. Parking Garage

8.1 Vehicles

8.1.1 All vehicles must be parked in their designated stall. A vehicle in the wrong stall may be towed without notice at the vehicle owner’s expense. 

8.1.2 All vehicles must be registered with NHOA. Unregistered vehicles may be towed at the vehicle owner’s expense. Class A Violation (may be assessed in addition to towing).

8.1.3 Parking stalls shall be used for vehicles only. NHOA may remove anything other than an authorized vehicle at the Resident’s expense. Class A Violation (may be assessed in addition to towing and removal).

8.1.4 Motorcycles are considered vehicles.

8.1.5 The speed limit within the parking garage is 5 mph. 

8.1.6 Car repairs, including but not limited to draining radiators and changing oil, are not permitted within the garage. 

8.1.7 Owners may lease their parking spaces to Tenants, but must follow the rental rules below in Article 9.

8.1.8 NHOA is not liable for any damage to vehicles.

Article 9. Storage

9.1 Nothing may be stored in the common areas. 

9.2 NHOA may establish rental rates for use of the common area storage space.

Article 10. Leasing

10.1 All lease agreements are subject to the Declaration, Bylaws, and Rules and Regulations.

10.1.1 All units occupied by someone other than an owner or guest must have a written lease agreement.

10.1.2 All lease agreements must prohibit subleasing. 

10.1.3 The lease agreement must provide that it is subject in all respects to the provisions of the Declaration, Bylaws, and Rules and Regulations and that any failure by a Tenant to comply with the terms of these documents shall be a default under the lease agreement. 

10.1.3.1 If any lease does not contain the foregoing provision, such provision shall nevertheless be binding upon the Owner and the Tenant by reason of their being stated in the Declaration as recorded.

10.2 The Owner is responsible for all damage caused by his/her Tenants.

10.3 Prior to commencement of a lease, the Owner shall:

10.3.1 Submit the name of the proposed Tenant to the NHOA for screening of criminal history, to be paid for by the Owner, 

10.3.2 Provide the Tenant with a copy of these Rules and Regulations, 

10.3.3 Provide a signed acknowledgment from the proposed Tenant(s) that he/she has received a copy of these Rules and Regulations, 

10.3.4 Provide a copy of the lease agreement and any addenda to NHOA, 

10.3.5 Obtain approval from NHOA. Class A Violation (may be assessed in addition to the remedy below). At the discretion of the Board, approval may be withheld if the provisions of this article are not met or proposed Tenant(s) has a criminal record.

10.3.5.1 Proceeding without approval is a violation of these Rules and Regulations and, accordingly, will be considered a default under the lease agreement as described above in 10.1.3.

10.4 NHOA approval of either a lease agreement or a Tenant does not relieve the Owner from liability for all losses arising out of, related to, or otherwise caused by either the lease agreement or the Tenant.

10.5 Out‐of‐state Owners desiring to lease their unit must appoint an agent in the State of Washington for purposes of notice/service. The designation must include the name, address, and phone number of the agent.

10.6 Any failure by a Tenant or his/her guests to comply with the Declaration, Bylaws, or Rules and Regulations shall be a default under the lease agreement. In the case of default, NHOA shall have the power to evict the Tenant on behalf and at the expense of the Owner.

Article 11. Remodels/Construction - N/A

Article 12. Deliveries/Moving

12.1 Prior to movement of any goods/which may cause damage to the elevator interiors, the Resident shall give notice to HSR to allow for protection of elevator and reservation as provided below.

12.2 Elevators must be reserved with HSR for any movement of goods that requires more than 1 elevator trip. 

12.2.1 A non‐refundable payment of $250.00 is required for each day (or $125 for halfday) that a reservation is required.

12.2.2 No reservations are allowed on Sundays.

12.2.3 In the event an elevator becomes inoperative, elevator reservations shall be cancelled without notice and without liability for any losses incurred because of cancellation. All movements of goods shall be prohibited while only 1 elevator is operative. 

12.3 Protective pads must be placed in the elevator at all times during any use of the elevator that may cause damage to elevator interiors. 

12.4 All movements of goods must occur between the hours of 8:00AM and 5:00PM. 

12.5 Parking is not permitted in the loading bay without prior reservation or permission from HSR. Unpermitted vehicles will be towed at the vehicle owner’s expense. 

Article 13. Pets

13.1 NHOA may at any time require the removal of any pet that it finds is unreasonably disturbing other Owners.

13.2 Pet owners must register each animal with NHOA prior to bringing any pet into the building. 

13.3 Pets must be registered with the City of Seattle, and all pet vaccinations must be kept current. 

13.4 Pets are not allowed in any common area except for the hallway of the unit in which they are registered, the parking garage, elevators, and the lobby, provided they are on leash. 

13.5 Pets are not allowed on the fifth floor deck. 

13.6 Pet litter must be securely bagged and placed directly in the dumpster. Pet litter may not be put in the trash chute. 

13.7 Residents are responsible for all damage caused by their pets.

Article 14. Sales/Real Estate - N/A

Article 15. Storage Lockers - N/A

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