Rules and Regulations


AMERICAN TOWERS RULES AND REGULATIONS

Residential Rules and Regulations

 
Common Rules and Regulations

 

The following Rules and Regulations are applicable to residential condominiums and related facilities in the American Towers Condominium project:

TABLE OF CONTENTS

A. TRUSTEES
B. PRIVACY
C. UTAH CLEAN AIR ACT
D. PETS
E. ACCESS CARDS
F. UNITS
G. PARKING
H. MOVE-IN AND MOVE-OUT POLICIES
I. LEASING POLICY
J. COMMON AREAS
K. BILLIARDS ROOM
L. ARTS & CRAFTS ROOM (LIBRARY)
M. RACQUETBALL COURTS
N. COMMUNITY ROOM
O. POOL AND SPAS
P. SAUNA
Q. EXERCISE ROOM
R. ROOFTOP RECREATION AREAS
S. NOTICES IN THE BUILDING
T. MAINTENANCE POLICY
U. DELIVERIES
V. OWNERS MANUAL
W. PROHIBITED ACTIVITY
X. REMODELING AND CONTRACTORS
Y. ASSISTANCE FOR HEALTH AND PHYSICAL NEEDS
Z. (Misc.) COMMUNITY ROOM AND TRUSTEE ELECTIONS


A. TRUSTEES:

1. Residential Trustees are elected in accordance with the provisions of the Declaration of Condominium for the periods of time so specified. To remain a Residential Trustee the following conditions must be complied with:

a. The Trustee must be current in payment of assessment fees on his/ her unit. 

b. The Trustee will be released without notice if he/she is not present at three consecutive meetings of the Trustees or does not attend at least 75% of the meetings. 


B. PRIVACY:

1. No excessive noise is permitted.

2. Children are not permitted to run or make loud noises in corridor or stairway areas or to play in elevators.


C. UTAH CLEAN AIR ACT:

1. In accordance with the Utah law, no smoking is permitted in the common areas, which includes all amenity areas including spas, hallways, and stairwells. Smoking is also prohibited within 25 feet of any exterior entrance including those on the rooftops and in the parking garage.


D. PETS:

1. No dogs, cats, animals, birds, fish, reptiles or pets of any kind are permitted in any residential condominium or in any other part of the project.


E. ACCESS CARDS:

1. Cards are to be used only by the resident and should not be loaned to guests or friends.

2. Residents may obtain a guest card for guests by submitting a completed Authorization to Issue Guest Access Card form with a $25 fee.

3. Lessees may obtain access cards at a cost of $25 for each card and appropriate forms submitted to the Management Office.

4. If a card has been de-activated by Security for misuse, there is a $10 charge to re-activate. The replacement charge for lost or stolen cards is $25.


F. UNITS:

1. All window coverings visible from the outside of a condominium must be of a white or neutral color and must be approved by the Owners Association.

2. No treatment (tinting, mirror finish, etc.) of exterior windows is permitted without the written approval of the Owners Association.

3. The display of signs and billboards in the project is restricted. "For Rent" and "For Sale" signs must be approved and may be displayed to public view only in places designated by the Owners Association.

4. No individual radio or television receiving or transmitting antenna or other external apparatus is permitted in the Project. The Owners Association will maintain either a central antenna system for television and radio (with appropriate external equipment) with connections provided to each residential condominium or cable antenna system.

5. a. A key or lock combination to each unit must be provided to the Association to be kept at Security. This key can only be used to comply with Section 8.02 of the Declaration. If the Owner fails or refuses to make a key available, such Owner shall be liable for all expenses incurred by the Association in order to gain access and for any damages resulting to the common areas or to any unit as a result of Owners failure to make the key or lock combination available.

5. b. Failure to provide appropriate keys or lock combinations to the Association shall result in a fine of $100 per month until provided.

5. c. Refusal to allow entry of contractors and/or American Towers employees for installation of contracted services, i.e., infrastructure such as parts, wires, fiber-optic cable, Wifi, internet, cable television, wireless telephone and other technology shall result in a fine of $100 per month. Postings of intent to schedule installations is considered to be a warning notice.

Security will use "best efforts" to make the discretionary convenience key available to Owners or Residents upon request, as well as to individuals authorized by Owners or Residents either verbally or in writing, but makes no assurances or guarantees that the correct keys will be made available to the correct individuals or that the individuals requesting the key have been correctly identified or authorized. Owners and Residents, by choosing to leave a discretionary convenience key with Security, agree to hold American Towers Owners Association and its employees harmless, and waive any and all claims of damages or liability that may arise from any act or activity, use or misuse, or loss, of any discretionary convenience key voluntarily left in the custody of American Towers Security.

6. All units are required to install high pressure water supply hoses to all washing machines. These hoses may be purchased in the management office.

7. Unit doors and trim shall be repainted at Owners expense if in the judgment of management the door paint and trim has become overly damaged or unsightly, and after 10 days written notice to cure the damaged or unsightly problem.


G. PARKING:

1. All parking spaces in the garage area are assigned. Cars parked in parking spaces assigned to others may be towed away at the owners expense.

a. A written notice will be attached to the car window and recorded with Security.

b. Any other offense will result in the car being towed at the owners expense.

2. Any car parked in the garage which is parked in any area not assigned to his or her condo, in any other common area, or in any way is parked improperly, will be subject to the following procedures:

a. A written notice will be attached to the car window and recorded with Security.

b. Any other offense will result in the car being towed at the owners expense.

3. Under no circumstances should you or your guests use or block someone else's parking space. The procedure outlined in paragraph 2 above will be followed in the event your car is parked in the wrong stall. However, the owner does have the right to the use of the stall and towing may be necessary without warning.

4. Cars parked in common areas-not designated as parking stalls, are also subject to the above procedures, but may be towed if they interfere with someone's ability to park or drive through the area.

5. Park vehicles between lines and fully into the center of your parking space.

6. Parking spaces are intended for automobiles only. No trailers, campers, recreational vehicles, boats or similar vehicles or equipment may be parked or stored in parking spaces. All items such as boxes, tires, skis, etc. must be stored inside the locker.

7. The storage lockers in the parking stalls are the personal property of the owner. The Owners Association is not responsible for repairing or replacing the lockers, or for providing keys to them. Flammable items may not be stored in lockers. Nothing may be stored in the parking space outside of the lockers. Parking stalls must be kept clean and free of dirt, debris, and oil or grease.

8. If the owner of a unit leases his parking stall to someone other than the tenant of his unit, or if an owner of several units assigns stalls to units other than those specified on the recorded map, management must be notified in writing of such change.

9. Speed limits and direction arrows must be followed in the garage.

10. a. Parking in the American Towers alley is reserved for move-ins and move-outs, loading and unloading, deliveries, and large utility contractor vehicles that do not fit in the garage. Other parking in the alley is not permitted and the vehicle is subject to immediate towing at the Vehicle Owners expense.

10. b. Contractors and the Owners are responsible to contact security to reserve only the loading and unloading parking area of the alley. The Owner is cautioned to inform contractors of the costs of parking in the garage so they may incorporate the costs of parking in their bids and estimates. It is ultimately the responsibility of the Owner to ensure that this provision is met.

11. The following fines shall be imposed for violations of the above parking rules:

First Offense - Warning letter


Second Offense - $100


Third Offense and thereafter - $150


H. MOVE-IN AND MOVE-OUT POLICIES:

1. Reservations to move in or move out should be made with Security as far in advance as possible. When reservations are made, they will be honored. Someone planning to move in or out without a reservation may have to wait until a later time if there is a conflict.

2. Move-ins or move-outs will only be allowed between the hours of 8:00 A.M. and 6:00 P.M. seven days a week.

a. A non-refundable move-in fee of $75 and move-out fee of $75 shall both be charged and paid to the management office before the move-in takes place and before a move-in permit will be issued. The move-in and move-out fees apply to new owners as well as lessees and will be charged to title companies requesting payoff balances at the time of a change of ownership. The fees shall also be charged to owners if not paid by lessees at the time a lease is filed with the management office.

b. A copy of a signed latest version American Towers approved lease agreement with a term of not less than six months together with the move-in move-out fee shall be filed with the management office a minimum of 48 hours before the anticipated move-in date. If any prospective long-term renter attempts to move-in without having submitted the signed lease agreement or without having paid the move-in fee or without a move-in permit due to misrepresentations of, or lack of communications from, an Owner or property manager, the Owner shall be fined, at the sole discretion of the Association manager, an amount equal to the move-in move-out fee.

c. Any Owner violating the strict prohibition on transient or hotel type leasing as written in Article 5, Section 3 of the CC&R's by renting all or a part of the Unit on a daily, nightly or weekly basis, or by listing the Unit for daily, nightly or weekly rental through online or other rental services, shall be fined $500 for the prohibited listing itself, and fined an additional $500 for each prohibited rental.

d. Before a permit to move in can be issued by management, the prospective lessee is required to have an interview with the manager, or a committee so designated by the trustees.

e. The lease must meet all requirements outlined in Section "I'" below.

f. A fee of $25.00 is required for each entry card issued to the lessee (one card per person). All access cards are the property of the Association and must be returned at the time of move-out.

g. An additional $40 move-in fee is required for units that do not have Association approved high pressure washing machine hoses installed. The $40 washing machine hose fee will be waived if the owner or resident demonstrates that high pressure washer hoses have already been installed. Otherwise, a set will be provided and installed.


I. LEASING POLICY:

1. If a unit is leased and the owner fails to pay his common area fees when due on the first day of the month, and the delinquency is not cured by the owner on or before the 15th of the month (the "Grace Period"), the owner shall be automatically, and without additional notice, deemed to be delinquent and in default.

2. The following applies to all units and owners in default:

a. A move-in permit will not be issued to prospective tenant, lessee or occupant (hereinafter referred to collectively as "tenant") until the following conditions have been met:

i. The Association, Board or manager (hereinafter referred to collectively as the "Association") has received a copy of the executed latest version American Towers approved Lease Agreement that contains a term of not less than six months.

ii. All common area fees due have been paid.

iii. The common area fee for the first month of the new lease term has been paid in advance.

iv. A move-in permit will not be issued until all move-in and move-out fees, access card fees and other fines and charges have been paid.

b. If a unit is currently leased, and the common area fees are in default, the Association may require that a delinquent common area fee repayment schedule be implemented, with installment payments in an amount designed to cure the arrearage in a reasonable and timely manner.

c. Existing Lease/Default/Current Fees:

i. Hearing. During the Grace Period, an owner may petition the Association for a special hearing, which shall be held during the Grace Period, to discuss the default and the direct tenant payment requirement described below.

ii. Direct Payment by Tenant: If all common area fees are not paid by owner when due or during the Grace Period, then the tenant shall be instructed by the Association, Board or Manager to pay all future common area fees directly to the Association, even if those common area fees must be deducted from rent due to the owner. For purposes of this section, that portion of the monthly rent or lease payment equal to the amount of the monthly common area fee shall be deemed to be the common area portion of the tenant's obligation to the owner.

d. No owner in default or occupant of any unit in default, nor their guest or invitee, shall be permitted use of any recreational facilities or amenities at American Towers, including but not limited to the swimming pools, spas, tennis courts, racquetball courts, etc., subject to the following:

i. Notice. The owner and occupant of any unit in default shall be given at least FIVE (5) days written notice of the Association's intent to revoke the recreational facilities and amenities privileges (the "Amenity Revocation Grace Period").

ii. Hearing. During the Amenities Revocation Grace Period, the owner or occupant may petition the Association, Board or Manager for a special hearing, which shall be held during the Amenity Revocation Grace Period, to discuss the revocation.

iii. Board Discretion. The Board shall have the authority and absolute discretion to waive the immediate revocation if satisfactory arrangements are made to cure the default. Failure of the owner or occupant to respond, or make satisfactory arrangements, shall result in the automatic suspension of the privilege to use the recreational facilities and amenities.

e. The Association may prohibit use of Entry Cards (property of the Association), recreational facilities or other amenities.

3. Mandatory Lease Language. All residential leases at American Towers, now existing or which may arise in the future, shall be deemed to contain the following language. In the event of any conflict, inconsistency or incongruity between the provisions of any residential lease agreement, the provisions of these rules and regulations shall in all respects govern and control. All the terms, conditions and provisions hereof are made a part of the residential lease agreements as though they were expressly written, incorporated, and included therein:

a. In addition to the monthly rent or lease payment obligation outlined in the residential lease agreement, if owner defaults on his obligation to pay common area fees, tenant shall pay directly to the American Towers Owners Association all American Towers' monthly common area fees in the amount of $_______________per month, beginning on the commencement of the residential lease agreement and continuing until its termination. If the residential lease agreement fails to distinguish between the obligation to pay rent and common area fees, that portion of rent equal to the common area fee shall be deemed to be the common area fee portion of the tenant's obligation.

b. If owner shall default in his obligation to pay common area fees, and shall fail to cure the default within fifteen (15) days after written notice thereof, owner hereby assigns, sets over and conveys to the Association automatically, and without further notice, all of his right, title and interest in and to the rents, issues, royalties, income and profits earned prior to default as they become due and are payable. In the event of default however, an owner's right to collect any of such monies shall not in any manner affect the subsequent enforcement by the Association of its right, power and authority to collect the same. Nothing contained herein, nor the exercise of the right by the Association to collect, shall be, or be construed to be, and affirmation by the Association of any tenancy, lease or option, nor an assumption or liability under, nor a subordination of any lien or charge to any such tenancy, lease or option, nor a waiver of any claim against owner and shall be deemed exclusively to be an attempt by the Association to mitigate damages. This assignment shall be prior and superior to any trust deeds with assignments of rent, except that of the first mortgage holder.

c. In the event the fees are more than thirty (30) days delinquent, or should Lessee, persons residing with Lessee or guests of Lessee violate the Declaration, Bylaws, or Rules and Regulations of the American Towers Owners Association, Lessor grants to the American Towers Owners Association the right to evict the Lessee. Should it become necessary for the Association to exercise its right of eviction as a result to the failure to pay common area fees, the Association shall first give Lessor (owner) and Lessee five (5) days notice, with the right to bring current said fees within five (5) days. The right to evict Lessee for violation of the Declaration, Bylaws and Rules and Regulation of the Association, may be exercised by the Association after giving to Lessor (owner) five (5) days written notice. Thereafter, eviction shall take place as provided by the laws of the State of Utah.

d. Lessee shall comply with the Declaration, Bylaws and Rules and Regulations of American Towers Condominium Association in force or otherwise brought to the attention of Lessee as the same pertain to the leased premises including the common areas. Failure to comply shall be grounds for immediate termination of the lease, by Lessor or by the American Towers Owners Association, through its agent.

4. If the owner of a unit leases his unit, his rights to use the amenities are transferred to the new resident during the term of the lease. The owner of the unit will not have the right to use the amenities as long as he has a tenant. In addition, owners shall be responsible to pay any fees or fines incurred by their tenants.

5. The Association shall have authority in its sole discretion to waive any of the rules and regulations set forth above; however, any specific waiver shall not extend to any future breaches nor prejudice any rights or remedies whatever in regard thereto.


J. COMMON AREAS AND HOURS OF OPERATIONS:

1. The following common area facilities shall remain open to Residents as follows:

a. The Rooftop Recreation Areas and Spas shall be open by Resident access card between the hours of 6:00 A.M. and Midnight.

b. Billiards Room will be opened upon request.

c. Swimming pool, sauna, spa and exercise room will remain open 24 hours a day.

d. Parties in the community room must end by 12:00 Midnight.

2. No children under 18 years old (see exceptions for swimming pool) will be permitted in the amenity areas unless accompanied and supervised by an adult resident (21 years or older).

3. Children 16 years old or younger must be accompanied and supervised by an adult resident (21 years or older).

4. Consumption of alcoholic beverages by anyone under the age of 21 will not be permitted in the building. Open containers of alcoholic beverages in hallways and lobbies is prohibited. Consumption of alcoholic beverages in common areas is limited to the community room and roof area.

5. Guests in any amenities area must be accompanied by a resident.

6. Each owner will be responsible to clean up areas and for damage to the amenities areas caused by such owner or his family or guests.

7. The common area amenities, including the community room, are for use by residential owners and tenants for entertainment and social purposes. Common areas shall not be used for any business, industrial or commercial purposes.

8. No person, including children, shall ride a bicycle, wheeled toy or vehicle in the common areas.

9. Children under the age of 18 years, are not allowed in the exercise room.

10. Proper attire, including shoes, is required in all common areas.


K. BILLIARDS ROOM:

1. The Billiards Room shall be locked at all times. In order to gain access to the Billiards Room you must contact Security. If an owner authorized to utilize the Billiards Room allows access to any other person, and damage occurs, the liability for that damage shall be the responsibility of the owner who was originally permitted access by Security. (The word "owner" to include tenant of owner)

2. No drinks or food allowed in the Billiards Room at any time.

3. Radios and portable stereos are not to be played in the Billiards Room.

4. Children 18 years or younger must be accompanied and supervised by an adult resident (21 years or older).


L. ARTS AND CRAFTS ROOM / LIBRARY MEETING ROOM:

1. No combustible materials are permitted.

2. Upon vacating the room, please leave the room as clean or cleaner than you found it and turn off the lights.

3. Commercial or business meetings are not permitted. Any activity which monopolizes the room to the exclusion of others is not permitted.


M. RACQUETBALL COURTS:

1. The racquetball courts should not be physically abused at any time. The following abuses are specifically prohibited:

a. Banging racquets against walls or floors.

b. Excreting saliva on walls or floors.

c. Any improper conduct of game.

d. Black sole shoes are not allowed on racquetball courts.

2. Upon vacating racquetball courts, please turn off lights.


N. COMMUNITY ROOM:

1. THE COMMUNITY ROOM MAY ONLY BE USED AFTER A RESERVATION FORM HAS BEEN SUBMITTED TO THE MANAGEMENT OFFICE TOGETHER WITH A DEPOSIT. This Form is available from the Management Office or through the American Towers' website. The Community Room may not be reserved for commercial purposes.

2. AN OWNER OR RESIDENT HOST MUST PROVIDE A CLEANING DEPOSIT OF $400 WHEN RESERVING THE COMMUNITY ROOM. Renters are required to leave the deposit in the form of cash or check. Return of the deposit is dependent upon adequately cleaning the room as described below. The Host may waive refund of the deposit and arrange with Management to have it cleaned after the function. If the room is not cleaned properly, the entire deposit is subject to forfeiture and additional charges may be assessed as necessary.

3. Reservations are made on a first come first served basis upon the submission of the reservation form together with the cleaning deposit. Reservations between Thanksgiving and New Years Day inclusive, require a $100 refundable reservation fee in addition to the cleaning deposit. This reservation fee will be forfeited if the room is not used or if the event is cancelled less than two weeks before the reserved date.

4. THE SALT LAKE FIRE MARSHALL HAS SET 75 AS THE NUMBER OF PERSONS THAT MAY BE IN THE COMMUNITY ROOM AT ANY ONE TIME. Functions that exceed that number are subject to immediate termination and all or some guests may be asked to leave.

5. THE HOST FOR A COMMUNITY ROOM EVENT MUST PROVIDE THE SECURITY OFFICE A GUEST LIST PRIOR TO THE EVENT. Persons not on the list may be denied access. Open invitation events are not permitted.

6. THE OWNER OR RESIDENT HOSTING AN EVENT IS RESPONSIBLE FOR ANY INJURY TO PERSONS OR DAMAGE TO PROPERTY CAUSED BY THEIR GUESTS AND MUST ENSURE THAT INCIDENTS ARE BROUGHT TO THE ATTENTION OF AMERICAN TOWERS SECURITY OR MANAGEMENT.

7 . The use illegal drugs, the the improper use of prescription drugs or the smoking or chewing of tobacco products or of marijuana is strictly prohibited. Violations will results in fines and restricted access.

8. THE COMMUNITY ROOM MUST BE CLEANED AND FURNITURE RETURNED TO ITS APPROPRIATE PLACES IMMEDIATELY AFTER USE. As soon as practical the Management Office will inspect the Community Room to determine whether the Owner or Resident Host has left it in as good as condition as it was prior to the event, including return of furniture to the previous configuration. If the inspection, determines that the conditions have been met, the Management Office will return or credit the deposit. If there are cleaning deficiencies, the Management Office will advise the Owner or Resident Host and try to provide a reasonable opportunity to correct the deficiencies. If such is not possible, or if Management has to arrange for additional cleaning, the deposit is subject to forfeit in full, or in the alternative, Management in its sole discretion may charge a minimum $25 fee and $50 per hour thereafter, whichever is greater. A Host may choose to have the cleaning performed by a professional cleaning service at his own expense. This must also be completed in time for any subsequent reservation or use by others.

9. Alcoholic beverages are allowed in the Community Room but must be served in accordance with Utah law. ALCOHOL MAY NOT BE SERVED TO ANYONE UNDER 21 YEARS OF AGE. Owners and Residents are expected to exercise good judgment to determine when a guest has had 'enough to drink'. Owners and Residents are responsible for the actions of their guests and must make every effort to ensure that no more alcohol is served to their guests whose actions offend, embarrass and/or threaten the morality, comfort and safety of others. If an incident occurs of this nature, Security must be contacted immediately who them may contact the Police if necessary. Owners are responsible to pay any fines and/or damages for any violations of these Rules and Regulations.

10. THE RESIDENT HOST MUST ACCOMPANY HIS/HER GUESTS IN THE COMMUNITY ROOM AND ANY OTHER COMMON AREAS. Guests are not permitted to loiter, roam or use other common areas of American Towers without the Host's presence. This includes the roofs, swimming pool, lobbies and hallways. Guests may not carry food or beverages outside of the Community Room.

11. MUSIC AND OTHER LOUD PARTY NOISE IS ONLY PERMITTED IF IT DOES NOT DISTURB OTHER RESIDENTS IN THEIR UNITS.

12. The Community Room will close at 1:00 a.m. All cleanup and cleaning must be completed by this time and all guests must leave.

13. DECORATIONS. All permanent or seasonal decorations are to be treated with respect and may not be moved or removed. Any personal decorations used for a reserved event must be removed upon completion of the event. No decorations may be attached to the walls or ceiling with nails, tacks, adhesive tapes or glue. Temporary adhesive putty specifically made for attaching lightweight items to walls may be used as long as it does not leave a mark upon removal. The Host accepts full responsibility for putty use and and cleaning. Any costs associated with additional repairs or cleaning for any of the above will deducted from the deposit or charged back to the host if necessary.

14. EVENTS AND RESERVATIONS ARE RESTRICTED TO EITHER THE COMMUNITY ROOM OR A ROOF. Guests invited to an event in one area may not visit other areas of American Towers areas un-escorted by the host. Any event that does not comply with this requirement is subject to immediate termination and the guests may be asked to leave.

15. COMMUNITY ROOM PRIVILEGES ARE SUBJECT TO REVOCATION. Persistent and flagrant violation of rules governing the use of the Community Room or repeated failure to properly clean after functions may result in extended periods of restricted access or use.


O. POOL AND SPAS:

1. Complete shower is required before swimming. Wash hands after using the toilet or after changing diapers.

2. Any child under three years old, any child not toilet trained, and anyone who lacks control of defecation shall wear a water resistant swim diaper and waterproof swim wear. Swim diapers and water-proof swim wear shall have waist and leg openings fitted such that they are in contact with the waist or leg around the entire circumference.

3. Children under the age of five (5) are restricted from the spas at all times.

4. Do not swim if you have had diarrhea in the past two weeks. Do not swim for at least two weeks after the diarrhea has stopped.

5. Take frequent restroom breaks and take a complete shower before entering the pool.

6. Individuals with weakened immune systems should not swim in the pool and spas because of risks of serious and long-lasting illnesses.

7. Do not swallow pool or spa water.

8. The pool may not be reserved for exclusive use.

9. No children under 16 years of age will be permitted in the pool or spa area unless accompanied and supervised by an adult resident (21 years or older).

10. Please do not run on tile floor or jump or dive into the pool.

11. No glass containers are permitted in or near the pool or spas.

12. Proper swimming attire must be worn at all times.

13. Please be sure you are dry before leaving the pool area and be sure you are wearing proper attire, including shoes, before walking through common hallways.

14. Do not pour any liquids or put any foreign materials or substances into pool or spas or use any soap in these areas.

15. Clean up area after swimming or using spa facilities.

16. ALL SWIMMING IS AT YOUR OWN RISK. NO LIFEGUARDS WILL BE ON DUTY.

17. No more than six(6) guests of an owner or tenant shall be permitted in the swimming pool at any one time. No more than six (6) guests of an owner or tenant shall be permitted in any one of the spas at any one time. Where a party is sponsored by more than one owner, the number of guests will not be increased in an effort to defeat the purpose of this rule.


P. SAUNA:

1. No glass containers are permitted in the sauna area.

2. Proper clothing or attire must be worn at all times in the sauna area.

3. You should not stay in the sauna for more than 20 minutes.

4. Please clean up area after using sauna and turn off lights.


Q. EXERCISE ROOM:

1. Children under the age of 18 are not allowed in the Exercise Room.

2. Please have towels available to wipe excess moisture from benches after use.


R. ROOF TOP RECREATION AREAS:

The roofs on the North and South Towers are featured amenities of our community and are intended to accommodate small gatherings of residents, with families and guests.

Functions of more than 21 attendees are not permitted on the roofs and must be scheduled for the Community Room on the second floor.

Owners who have invited guests to the Roof are responsible to ensure that their conduct is always in compliance with these Rules and Regulations and all local laws and ordinances. Owners are responsible to pay for, or reimburse the Association for, any fines or costs incurred for any damage, repairs or restoration caused or incurred by the Owner, their guests or tenants.

Owners are also responsible to pay for any damage to property or personal injury of any person caused by the Owner, their guests or tenants. Violations of any of the following rules will result in fines and suspension of access privileges as detailed in the following table.

1. The Roofs are open from 6:00am. to 2:00a.m. daily. Use between midnight and 2:00 a.m. requires the user to check-in with the Security Office in person or by intercom or telephone. All guests must be accompanied to the Roof by an American Towers resident who will be responsible for their conduct and for any damage to property or for any personal injury they may cause.

2. No glassware, porcelain, or similar breakable items are allowed on the roof. In case of violations resulting in glass or porcelain shards or harm to property or people, the Owner must immediately secure the area and, report the incident to Security.

3. NOTHING MAY BE THROWN OR DROPPED FROM THE ROOFS.

4. NO ONE MAY STAND OR SIT ON THE ROOF PERIMETERS OR STRUCTURAL BARRIERS AND NO ITEMS MAY BE PLACED ON THEM THAT COULD FALL OFF.

5. Chasing, running or horseplay on the roofs is not permitted. Engaging in altercations, fighting or physical force is prohibited. Residents are required to contact security immediately and security may call the Police as necessary. Vandalism of any kind is prohibited.

6. The use of illegal drugs, the improper use of prescription drugs and the smoking or chewing of tobacco products or of marijuana is strictly prohibited. Violations will result in fines and restricted access as detailed below.

7. Live music is not permitted on the roofs. Personal Entertainment Devices are allowed only with the use of headphones to avoid disturbing others.

8. Nudity, sexual activity of any kind or other provocative activity is not permitted on the roofs or in the hot tubs. Appropriate swim wear is required in the spas and on the roofs at all times. No one may use the spas or sunbathe while nude or bottomless and females may not be topless.

9. Security cameras are mounted on the rooftop to monitor safety and compliance with rules and policies. Each person on the Roof agrees that he/she may be filmed and that in the event of an incident or legal action, videos from the camera may be used as evidence.

10. An entire roof may not be reserved for exclusive parties or events. The roofs and their amenities are normally available on a first-come, first-served basis with groups not to exceed 21 participants. However, one grill area and furniture along with the kitchen may be reserved in advance on each rooftop through the management office. The other grill on each roof must remain available to all on a first come first served basis. All grills, furniture and surrounding area must be thoroughly cleaned immediately after each use so that it is available for others at all times. Precast furniture is not to be moved for any reason.

11. Groups comprising more than 11 guests must provide the name of each guest to Security prior to their arrival. Each guest must enter through the South Tower entrance and sign-in with the guard on duty.

12. Roof Hot Tubs are available on a first come first served basis and may not be used at all when closed for maintenance. Groups gathered around the hot tubs may not exceed 6 people for reasons of safety and health. When others are waiting, tub time should be limited to 30 minutes.

13. Infants under the age of two may not use the spas. Individuals under the age of 18 may not use the spas without adult supervision. Urinating or defecating in the spa or introducing any suds, detergents, liquids or other foreign material into the spa is strictly prohibited.

14. Alcoholic beverages are allowed on the roof but may not be served to anyone under the age of 21 years of age. Owners and Residents are expected to exercise good judgment to determine when a guest has had 'enough to drink'. Owners and Residents are responsible for the actions of their guests and must make every effort to ensure that no more alcohol is served to their guests whose actions offend, embarrass and/or threaten the morality, comfort and safety of others. If an incident occurs of this nature, Security must be contacted immediately who then may contact the Police if necessary.

Owners are responsible to pay any fines and/or damages for any violations of the above Rules and Regulations as detailed below:

 

 


 


FINES AND SUSPENSION TERMS FOR VIOLATIONS

OF

AMERICAN TOWERS’ ROOF POLICY

 

FINES SUSPENSIONS

VIOLATION 1st Offense 2nd Offense 3rd Offense 1st Offense 2nd Offense 3rd Offense Section
Glassware $200 $400 $500 15 days 45 days 90 days 2
Toss off Roof $500 $500 $500 90 days 180 days 360 days 3
Ledges $500 $500 $500 90 days 180 days 360 4
Disruption, Vandalism $200 $400 $500 30 days 60 days 90 days 5, 12
Any Illegal Activity, Drugs $500 $500 $500 90 days 180 days 365 days 6
Music, Noise $50 $100 $200 30 days 60 days 90 days 7
Nudity, Sex $200 $400 $500 30 days 60 days 90 days 8
Failure to Cleanup $100 $200 $500 30 days 60 days 90 days 10
Failure to Provide Guest list $50 $100 $200 30 days 60 days 90 days 11
Spa Misuse $100 $200 $500 30 days 60 days 90 days 12, 13
Alcohol Misuse $200 $400 $500 90 days 180 days 360 14
Unruly Behavior $200 $400 $500 30 days 60 days 120 days 14
Police Called $500 $500 $500 30 days 90 days 360 days 14


S. RESIDENTIAL HALLWAYS

1. Flyers or advertisements may not be left at unit doors or in any other Common Area, except for Association communications and legal notices. Notices to be posted on the lobby bulletin boards or in any other Common Area must have prior approval of Management.

2. No personal items may be placed or stored in or on the Residential Hallways including, but not limited to, furniture, plants, fabrics, drapes, lights, artwork, bicycles, shopping carts, merchandise deliveries or doormats. Violations may result in immediate removal without notice by Association staff.

3. Attached or affixing items to the Residential Hallway walls using nails, tacks, tape or other fastening devices or penetrating devices is strictly prohibited. This includes the Hallway walls in the Unit door alcove and its surrounding walls. Owners are responsible for any damages to their doors and surrounding walls in the Residential Hallways and repairs will be conducted by the Association at the expense of the responsible party or Owner.

4. Home Delivery boxes for groceries must be kept within the Unit until the day of the delivery and must be returned inside of the Unit immediately following the delivery.

5. Residential doors may not be altered in color or appearance. The only door hardware that may be attached to a Residential Unit door is the usual door knobs, locks, knockers, peek hole and wreath hook provided they are not obtrusive and remain similar in appearance to that which is commonly in use in the project if available.

6. Owners or Residents may personalize their door with wreaths, floral arrangements, plaques or other similar decorations that do not damage or alter the door or its surface. Surrounding Hallway walls may not be used for this purpose. Holiday decorations are permitted on Unit doors beginning four weeks prior to the Holiday being decorated and must be removed within two weeks following the Holiday. Violations may result in immediate removal without notice by Association staff.

7. If a Unit door becomes damaged and unsightly, Association staff will provide the Owner with a 14 day notice to have the door repaired, repainted or replaced. If Owner does not do so, the Association will perform the repairs or replacement at the Owners expense.

8. A fine of $100 together with any costs associated with repairs will apply to violations of any of the above.


T. MAINTENANCE POLICY:

1. Our maintenance staff and security are available to owners and residents only to respond to emergency requests for assistance or to help prevent further damage or injury to persons or property. The maintenance staff is responsible to maintain our facilities, common areas and equipment and is not permitted to perform work or incidental repairs on behalf of individual owners or residents inside of individual Units or for personal property. Some common pipes and drains may be located inside of Units and may require access to your Unit, as provided for in the Declaration, for maintenance staff, contractors or vendors to perform repairs or maintenance on these common facilities.


U. DELIVERIES:

1. For deliveries of large items requiring use of the elevator, residents are to reserve the elevator in advance with the Security Office. If the elevator has been previously reserved, your delivery may have to be postponed. Deliveries of large items through the glass lobby doors is not permitted without authorization from management. Residents must either be present for delivery of large items or must provide written authorization for Security to allow the delivery to be made to their Unit.

2. The delivery to, and acceptance by, the Security Office of packages or other large envelopes that are too large for the mailbox, or that arrive by courier service, is a service provided by the Association strictly as a courtesy to residents. In doing so, the Association assumes no liability for packages left in its custody that become misplaced, lost or otherwise stolen. Residents should arrange for delivery of important or high value packages directly to their Unit.


V. OWNERS MANUAL:

1. An owners manual will be provided for each unit in the building. Owners have the option of keeping the book in their possession or passing the book on to a tenant they may lease their unit to. In the event an owner decides to sell his/her unit, the manual must be passed on to the new owner. If the manual has been lost or is not available, the Association will charge the owner selling the unit $100.00 which will cover the cost of providing the new owner with a manual.


W. PROHIBITED ACTIVITY AND NUISANCE:

1. No noxious or offensive activity shall be carried in or upon any part of the Project, nor shall anything be done or placed in or upon any part of the Project which is or may become a nuisance or which may cause unreasonable disturbance or annoyance to Owners generally. No activities shall be conducted, no improvements constructed, in or upon any part of the Project which are or may become unsafe or hazardous to any person or property.

2. a. Noise of any kind that emanates from one Unit into another between the hours of 10:00 P.M. and 6:00 A.M. is a nuisance, is not permitted and is subject to the fines below. For all violations after a warning notice and two confirmed violations, all subsequent confirmed violations shall be subject to Security, or the Police at the request of Security, entering the offending Unit to terminate the disturbance and escort guests off of the property. Noise during the day created in the course of ordinary living activities is permitted, although this is not intended to include loud parties, excessively loud TV or music, arguing, fighting, or domestic disputes etc.

2. b. No owner, resident or guest shall gain or use access to the commercial second floor roof to walk, stand, congregate, sit or otherwise trespass on the roof of the second floor commercial space between the North and South towers. Violations of this rule will result in a fine of $500 for each
person in violation.

3. Smoking of Tobacco products is not permitted in the Project. Individuals that are permitted to smoke within their Units as provided by Section 7.11 of the Declaration of Condominium may not allow their tobacco smoke to drift into the Common Areas or any other Unit and are subject to the following fines.

4. The following fines shall be charged to Owners for any violation of the above or of any of the other Rules and Regulations herein by Owners, their guests or tenants, however, the warning for a first offense is not necessary for intentional or other egregious violations:

First Offense - Warning
Second Offense - $100
Third and Fourth Offense - $200
Each Offense Thereafter - $500

 

Owners, their guests or tenants are entitled to appeal any fine within thirty days of the notice letter by contacting the management office to request an informal hearing with the Board of Trustees. Owners, their guests or tenants may appeal a fine in writing, if they so choose, by sending a letter to the Board in care of the management office.

5. Owners or Residents who have not appealed their fines within the thirty day appeal period and who also have not paid their fines will have their access to all amenities suspended until the fines have been paid. Any attempted use of the amenities will result in additional fines in the amount of $500.00

6. In addition to the above fines, Owners shall also be responsible to reimburse the Association for any costs incurred by the Association for any damage, repairs or restoration caused by Owners, their guests or tenants.


X. REMODELING AND CONTRACTORS:

The following Remodeling Rules are intended to create a uniform operating code that will insure best practices are followed anytime a construction project is undertaken by an individual owner of property in the American Towers complex. Please consider, unlike a single family dwelling you may have experienced in the past, the Towers create a multi-use condo community of 357 units where the impact of construction or remodeling on any single unit effects many of the residents in proximity to the one being worked on. Every owner of an American Towers unit is entitled to the care and respect of their personal interests and investment. In turn, all owners are asked to assist by demonstrating their care and respect by sharing in the responsibility to maintain the integrity of work performed within their respective unit(s).

ONLY THE OWNER OF RECORD OF PROPERTY IN AMERICAN TOWERS CAN INITIATE ANY KIND OF REMODELING OR CONSTURCTION WORK WITHIN THEIR UNIT. THE OWNER WHO HAS HIRED CONTRACTORS TO PERFORM CONSTRUCTION AND/OR REMODELING SERVICES TO HIS/HER UNIT(S) IS SOLELY RESPONSIBLE FOR THE CONDUCT OF HIS/HER CONTRACTOR AND SUCH CONTRACTOR'S ADHERENCE TO THESE RULES AND ALL OTHERS GOVERNING APPLICABLE BEHAVIOR AT AMERICAN TOWERS, INCLUDING ITS BY-LAWS, CC&RS, POSTED SIGNS, OTHER RULES AND POLICIES, APPLICABLE LAW, AND AMENDMENTS TO THE FOREGOING. THE OWNER WILL BE LIABLE FOR THE ACTS AND OMISSIONS OF HIS/HER CONTRACTORS, INCLUDING, WITHOUT LIMITATION FOR PROPERTY DAMAGE OR PERSONAL INJURY.

These rules outline the expectations for you and your contractor's conduct before, during and at the conclusion of construction or remodeling, the violation of which by you or your contractor will result in fines and possibly other liabilities and damages, for which the Owner will be responsible.

1. Prior to engaging in any construction or remodel, the Owner is required to remit to the management office a five hundred dollar ($500) refundable deposit to cover potential costs of damages to, and cleanup of, common areas during, or resulting from, construction or remodel. The deposit will be refunded following final inspection meeting with management and the Building Engineer employed by the American Towers Owners Association (Association). An additional one hundred ($100) nonrefundable fee will be charged to cover the cost of a pre-construction contractors meeting in which each contractor that will be working on the unit in question will meet with the Building Engineer to review these rules and to coordinate activities as needed. Prior to this meeting, the Owner or their contractors are to provide the Association with permits, plans and/or drawings of the scope and details of the remodel together with a copy of a condo owner property and liability insurance certificate. Contractors are to provide copies of current license and certificates of insurance with the Association named as the certificate holder.

2. The Owner or their contractors are required to obtain applicable building permits from the building department of Salt Lake City (City) for any construction or remodel or work that involves structural or demising walls, or modification of or addition of electrical or plumbing. Permits are to be filed with the management office with the five hundred dollar ($500) deposit and copies of all permits and inspections are to be posted on the door of the unit during remodel or construction. The construction deposit will only be refunded after a final City inspection report is filed with the management office by the owner of the unit. The Owner shall also notify adjacent (including above and below) condo residents in writing of what to expect in terms of disturbance, noise, or other issues that will affect them.

3. The Owner who has completed rules one (1) and two (2) above are authorized for construction or remodeling on their unit only. Notice will be on file with Security. Only authorized contractors will be permitted entry to work on compliant units. All others will be denied entry.

4. Common pipes and drains may be located inside of condo interior walls. However, relocating or making modifications to those portions of interior walls containing common pipes, plumbing, waste systems or lines, or to exterior walls, or drilling into concrete floors is strictly prohibited with very limited exception. Grinding or leveling of the concrete floor for any purpose is prohibited.

a. In the event that an owner deems it desirable to either move or remove walls that contain common water supply lines, the owner must submit a written request to the Board of Trustees (Board) for approval. The written request must be accompanied by detailed drawings of the requested changes. The Board will review the request for approval at its sole discretion. Following approval, the Association will then have the requested changes engineered to ensure that there is no increase in pipe resistance. This usually requires an increase in the pipe diameter for the changes. The Association will then make the changes using authorized American Towers contractors. The Owner will be responsible for the water shut off charge of one hundred fifty dollars ($150), the costs incurred by the contractors as well as the engineering costs. The Association will use best efforts to obtain reasonable and competitive costs for the contractors and engineers, but makes no assurance that these costs will be the lowest available. Other plumbing changes or modifications may require a building water shut-off which also requires a fee of one hundred fifty dollars ($150) for each water shut off request.

b. The Owner wishing to drill into or disturb the concrete floor of their unit, IN ANY WAY FOR ANY REASON WHATSOEVER, may only do so upon written request to the Board. This request must contain:

i. results of ground-penetrating radar (ultrasound) on the proposed site to be administer by a qualified licensed technician to ensure that no structural cables or infrastructure will be damaged.

ii. written acknowledgment of proposed drilling by all adjacent owners that may be disturbed by the drilling.

iii. written approval of any owner whose unit is directly impacted by the drilling The Board will then review the request for approval at its sole discretion. All costs must be borne by the owner making the request.

ANY OWNER WHO VIOLATES THIS PROVISION BY DISTURBING THE CONCRETE FLOOR WITHOUT APPROVAL WILL BE REQUIRED TO SHOULDER THE EXPENSE OF REPAIRING THE FLOOR AND AN ASSESSMENT EQUAL TO REPAIR COST WILL BE LEVIED AGAINST THE OWNER AS A PENALTY.

5. Requests for a water shut-off must be in writing to the management office, must be accompanied by a permit and contain a detailed description of the work to be performed with a detailed parts list. Following approval, water shut-offs are usually scheduled one week in advance. Plumbers must arrive on time with their parts ready for inspection. At the conclusion of the shut-off, plumbers must notify maintenance that they are ready for the water to be restored and must remain in the unit to inspect their work for integrity and for any leaks. Only when the plumber notifies maintenance of the all-clear will the water be restored. The Owner is responsible for ensuring compliance to each proscribed step by his/her plumber.

6. Requests for an electrical shut-off must be in writing and must be accompanied by a permit. Following approval, electricity can be shut-off on short notice. Following the request to restore electricity, electricians must remain in the Unit to inspect their work for integrity, to test voltages, for shorts or excessive heat. Only when the electrician notifies maintenance of the all- clear will the power be restored. The Owner is responsible for ensuring compliance to each proscribed step by his/her electrician.

7. The Owner is responsible to ensure that contractors in their employ do not damage, soil or trash any common areas. This includes condo doors, loading entrances, lobbies, hallways, elevators, and parking garage. Contractors are required to clean, vacuum or sweep any incidental mess that occurs. The Association housekeeping staff is NOT responsible for this type of cleanup. A twenty dollar ($20) minimum deduction from the construction deposit will be levied for each incident. In the event these violations exceed the amount tendered for the construction deposit, the owner will be assessed in the full amount owning based on the violations. Willful or other egregious violations of any of the rules governing remodeling will result in the forfeiture of the construction deposit or a portion thereof relative to the severity of the violation(s).

8. Contractors are not permitted to dispose of any material or debris in the trash chutes on each floor or in the dumpster containers on Pl or P2. These are for commercial tenant and residential refuse only. Contractors are required to remove and dispose of all trash or debris incidental to construction. If chutes and/or dumpster are used resulting in the necessity of an extra pickup, the extra pickup charge will be deducted from the owner's deposit. The Owner is responsible to inform and ensure compliance by contractors in their employ.

9. The Owner is to inform the management office of times, when and if, any construction noise may be created. Under no circumstances is construction noise of any kind permitted before 9 a.m. and after 6 p.m. Construction may only be undertaken Monday through Saturday. No construction of any kind is permitted on Sunday or holidays.

10. The Owner is to inform contractors that all work and construction must take place on the inside of each condo and that no staging or work is to take place in any common area. If such is required, contractors are to be informed that such work is to be performed in their shop and brought to the premises.

11. Contractors and the Owner are responsible to contact security to reserve only the loading and unloading parking area of the alley. Other parking in the alley is not permitted. The Owner is cautioned to inform contractors of the costs of parking in the garage so that they may incorporate the costs of parking in their bids and estimates. It is ultimately the responsibility of the Owner to ensure that this provision is met.

12. Contractors and the Owner are responsible for contacting Security to reserve the freight elevators for use. Passenger elevators may not be used to transport any equipment, supplies, tools or material under any circumstances. THE OWNER FOUND IN VIOLATION OF THIS POLICY WILL BE REQUIRED TO SHOULDER THE EXPENSE OF REPAIRING THE PASSENGER ELEVATORS AND AN ASSESSMENT EQUAL TO REPAIR COST WILL BE LEVIED AGAINST THE OWNER AS A PENALTY.

13. Neither the Owner or their contractor are allowed to use the blue American Towers shopping carts to haul equipment, supplies or construction debris into or out of the Owner's unit. Only the metal or gray carts will be allowed for this purpose. The Owner must arrange with management for one of these carts. Violation of this policy will result in a fine to the Owner up to the replacement value of the cart.

14. Contractors are not allowed use of access cards belonging to the Owner. Contractors may check in at Security on a daily basis and obtain a contractors access card to be worn at all times on the premises and to be returned to Security prior to leaving the premises and at the end of each day. There will be a twenty dollar ($20) charge to re-activate or replace lost access cards or access cards de-activated by Security for improper use. It is the responsibility of the owner to ensure that access cards are used properly and returned to Security.

15. Fines will be itemized on the applicable resident's monthly homeowners' association dues invoice. The Association reserves the right to collect such fines and enforce suspensions by any rights and remedies available to the Association under this policy, at law, or in equity. Unpaid fines shall be subject to reasonable collection costs, including attorneys' fees and collection agency fees, and the 1.5% monthly interest rate specified by the Declaration. If the Association brings a legal action in a court of competent jurisdiction to enforce the collection of the fines or suspensions under this policy and prevails, the resident shall be labile for the judgment and all reasonable costs, fees, and expenses of the Association in bringing such action, including attorneys' fees and court costs.


Y. ASSISTANCE FOR HEALTH AND PHYSICAL NEEDS:

1. American Towers does not and cannot provide medical, nursing or health care services to owners and lessees.

2. If an owner or lessee is unable to provide for his or her physical needs without assistance, then it will be necessary for the owner or lessee to contract with third parties for any necessary medical, nursing or physical needs or services. However, our Security Guards are on duty 24 hours each day and are equipped with First Aid supplies, are also trained in CPR, and will administer such as deemed appropriate.

3. Should an emergency arise and an owner or lessee requires medical or nursing services or physical assistance, the appropriate procedure would be for the owner or lessee to call 911 first. They should then call Security so that Security can then cooperate with paramedics or other emergency response persons in gaining access to the building and directions to the Unit involved.


Z. (Misc.) COMMUNITY ROOM COVENANTS AND TRUSTEE ELECTIONS

 

COMMUNITY ROOM COVENANTS

I understand that the function for which I am reserving the Community Room is for social purposes only and certify that the function does not involve any business purpose or any commercial activity.

If management or security observes any commercial transaction or business activity in the Community Room or in any common area, management or security may terminate the function and escort guests and residents from the area.

I understand and agree that I am responsible for any damage or other loss which may occur to the Community Room (or other areas of the building), as a result of my activities or the activities of my guests.

I agree to accept responsibility for the activities and behavior of the parties attending the function.

I understand and agree to abide by the following rules:

1. Function is to be concluded by midnight.

2. The other amenities (Billiards Room, Swimming Pool and Exercise Room) are not reserved. I understand that if I have any guests in these areas, the number of guests in each area must not exceed six.

3. A guest list is to be furnished to security and no one not on the list is to be allowed entrance to the building.

4. The carrying of open containers of alcohol and the consumption of alcohol is not permitted in any common area other than the Community Room.

5. I agree that I am responsible for cleaning the Community Room at the conclusion of the function, including the removal of any trash.

6. The Association does not provide cleaning supplies, agents, dishwashing liquids or equipment. Please bring your own vacuum cleaner.

7. I agree, that at management's discretion, I may be required to furnish additional security for my Community Room function at my own expense.

8. I am aware that if in the opinion of management, the rules are being violated, or a function is reaching a chaotic or unreasonable state, management or security has the right to take whatever steps are necessary to conclude the function.

 

TRUSTEE ELECTION RULES

The election of Trustees to serve on the Board of Trustees of American Towers is one of the most important responsibility of Owners of the American Towers Community. Because Trustees act on behalf of all Owners and residents, the responsibility of Trustees is great and the election should not be taken for granted. For these reasons, rules governing the election of Trustees have been put in place to ensure a positive experience for both candidates and Owners of American Towers.

1. Election of Trustees shall be held at the annual meeting of members on the second Saturday of August at 10:00 a.m., unless otherwise set by the board in accordance with the Association Declaration Article III. Candidates must be owners who are current in their dues, special assessments and fines (if applicable) at the time the candidate submits the Nomination of Trustee form. Management will certify that the candidates are all in good standing as described above before disseminating the election information and ballots to Owners Candidates must remain current in all dues to be eligible to vote.

2. Members of the Association may vote at the meeting, by proxy, or by mail providing the ballot is received at least three days prior to the date set for the meeting.

3. An independent accounting firm shall tally the ballots the morning of the annual meeting (mailed ballots may be counted ahead). Once member and proxy ballots are gathered, they shall be added to ballots received by mail. Results shall be tallied and announced before the meeting is adjourned. Results shall be published in the minutes.

4. Nominees for Trustee forms must be submitted to the office no later than 5:00 p.m. the first business day following July 4 (four), unless otherwise decided by the board.

5. Members of the Association may nominate other members but must secure the written permission of the nominee before submitting their name. The same deadline applies.

6. The winner(s) of every election shall be the candidates that receive the most votes. In the event of a tie, the winner shall be determined by a toss of a coin in front of the candidates.

7. No fees shall be required of any candidate.

8. The office shall arrange an opportunity for members to meet the candidates.

9. While no flyers may be distributed to individual units, candidates may place posters on the bulletin board and set flyers in foyers. Candidates may use web space by submitting information to the office manager. The office shall provide address labels for candidate mailings.

10. Only one person per unit [or household] may serve on the board at a time.

11. Residential Trustees must approve all changes in candidate forms by a majority vote.

12. All candidates for the Board of Trustees shall sign a non-disclosure agreement when submitting their application or resume.

 

TRUSTEE BALLOT HANDLING AND RULES

1. All ballots will be kept by the auditor and destroyed after (72) hours unless the election results are challenged.

2. Any candidate may request a recount, at his or her own expense, by delivering a written request to the Management Office by 5:00 pm the Monday following the election.

3. In the event of a recount request, the office shall instruct the auditor to keep the ballots. The challenging candidate shall advise the office of his own choice of CPA or auditor to conduct the recount. The office shall arrange for the transfer of ballots should the candidate choose a firm other than the one used by the Association in which event our auditor shall be instructed to copy all ballots. Our auditor shall retain these copies until the recount is complete.

4. If a secondary auditor is chosen, he shall be held to the same requirements of secret ballots and confidentiality as the Association auditor. Results shall be mailed or delivered directly to the Association Manager. After receipt of the recount, the Manager shall advise all candidates and trustees of the results. Following the recount, the Manager shall instruct the auditors to destroy the ballots.

5. Only official Association ballots will be counted. All others will be disregarded and destroyed. Owners may change their vote by obtaining a ballot from the Management Office upon request, or at the Annual Meeting of the Members. The ballot with the latest time stamp is the ballot which will be counted.

 

 

The Board of Trustees reserves the right to amend, modify or revoke the foregoing Rules and Regulations at any time. Revised rules were adopted by the Board of Trustees on Jan. 19, 1993; Nov. 26, 1997; Oct. 29, 1998; May 30, 2002; Nov. 8, 2004; Jan. 31, 2005; Mar. 29, 2006; June 1, 2006; Sept. 4, 2008; Sept. 29, 2010.



The following Rules and Regulations are applicable to the Commercial and Residential Condominiums and related facilities in the American Towers Condominium project:

TABLE OF CONTENTS

A. MOVE-OUT POLICIES
B. LEASING POLICY
C. PROHIBITED ACTIVITY
D. REMODELING AND CONTRACTORS
E. FAIR AND REASONABLE NOTICE
F. INSURANCE AND DISASTER RELIEF PROCEDURES


A. MOVE-IN AND MOVE-OUT POLICIES:

1. Reservations to move in or move out should be made with Security as far in advance as possible. When reservations are made, they will be honored. Someone planning to move in or out without a reservation may have to wait until a later time if there is a conflict.

2. Move-ins or move-outs will only be allowed between the hours of 8:00 A.M. and 6:00 P.M. seven days a week.

a. A non-refundable move-in fee of $75 and move-out fee of $75 shall both be charged and paid to the management office before the move-in takes place and before a move-in permit will be issued. The move-in and move-out fees apply to new owners as well as lessees and will be charged to title companies requesting payoff balances at the time of a change of ownership. The fees shall also be charged to owners if not paid by lessees at the time a lease is filed with the management office.

b. A copy of a signed lease agreement with a term of not less than six months shall be filed with the management office a minimum of 48 hours before the anticipated move-in.

c. Before a permit to move in can be issued by management, the prospective Residential Lessee is required to have an interview with the manager, or a committee so designated by the trustees.

d. The lease must meet all requirements outlined in Section "B" below.

e. A fee of $20.00 is required for each entry card issued to the lessee (one card per person). All access cards are the property of the Association and must be returned at the time of move-out.


B. LEASING POLICY:

1. If a unit is leased and the owner fails to pay his common area fees when due on the first day of the month, and the delinquency is not cured by the owner on or before the 15th of the month (the "Grace Period"), the owner shall be automatically, and without additional notice, deemed to be delinquent and in default.

2. The following applies to all units and owners in default:

a. A move-in permit will not be issued to prospective tenant, lessee or occupant (hereinafter referred to collectively as "tenant") until the following conditions have been met:

i. The Association, Board or manager (hereinafter referred to collectively as the "Association") has received a copy of the executed Lease Agreement that contains a term of not less than six months, a copy of the rental application, and copies of any other information that may have been used to screen the prospective tenants;

ii. All common area fees due have been paid.

iii. The common area fee for the first month of the new lease term has been paid in advance.

iv. A move-in permit will not be issued until all move-in and move-out fees, access card fees and other fines and charges have been paid.

b. If a unit is currently leased, and the common area fees are in default, the Association may require that a delinquent common area fee repayment schedule be implemented, with installment payments in an amount designed to cure the arrearage in a reasonable and timely manner.

c. Existing Lease/Default/Current Fees:

i. Hearing. During the Grace Period, an owner may petition the Association for a special hearing, which shall be held during the Grace Period, to discuss the default and the direct tenant payment requirement described below.

ii. Direct Payment by Tenant: If all common area fees are not paid by owner when due or during the Grace Period, then the tenant shall be instructed by the Association, Board or Manager to pay all future common area fees directly to the Association, even if those common area fees must be deducted from rent due to the owner. For purposes of this section, that portion of the monthly rent or lease payment equal to the amount of the monthly common area fee shall be deemed to be the common area portion of the tenant's obligation to the owner.

3. Mandatory Lease Language. All leases at American Towers, now existing or which may arise in the future, shall be deemed to contain the following language. In the event of any conflict, inconsistency or incongruity between the provisions of any lease agreement, the provisions of these rules and regulations shall in all respects govern and control. All the terms, conditions and provisions hereof are made a part of the lease agreements as though they were expressly written, incorporated, and included therein:

a. In addition to the monthly rent or lease payment obligation outlined in the residential lease agreement, if owner defaults on his obligation to pay common area fees, tenant shall pay directly to the American Towers Owners Association all American Towers' monthly common area fees in the amount of $_______________ per month, beginning on the commencement of the residential lease agreement and continuing until its termination. If the lease agreement fails to distinguish between the obligation to pay rent and common area fees, that portion of rent equal to the common area fee shall be deemed to be the common area fee portion of the tenant's obligation.

b. If owner shall default in his obligation to pay common area fees, and shall fail to cure the default within fifteen (15) days after written notice thereof, owner hereby assigns, sets over and conveys to the Association automatically, and without further notice, all of his right, title and interest in and to the rents, issues, royalties, income and profits earned prior to default as they become due and are payable. In the event of default however, an owner's right to collect any of such monies shall not in any manner affect the subsequent enforcement by the Association of its right, power and authority to collect the same. Nothing contained herein, nor the exercise of the right by the Association to collect, shall be, or be construed to be, and affirmation by the Association of any tenancy, lease or option, nor an assumption or liability under, nor a subordination of any lien or charge to any such tenancy, lease or option, nor a waiver of any claim against owner and shall be deemed exclusively to be an attempt by the Association to mitigate damages. This assignment shall be prior and superior to any trust deeds with assignments of rent, except that of the first mortgage holder.

c. In the event the fees are more than thirty (30) days delinquent, or should Lessee, persons residing with Lessee or guests of Lessee violate the Declaration, Bylaws, or Rules and Regulations of the American Towers Owners Association, Lessor grants to the American Towers Owners Association the right to evict the Lessee. Should it become necessary for the Association to exercise its right of eviction as a result to the failure to pay common area fees, the Association shall first give Lessor (owner) and Lessee five (5) days notice, with the right to bring current said fees within five (5) days. The right to evict Lessee for violation of the Declaration, Bylaws and Rules and Regulation of the Association, may be exercised by the Association after giving to Lessor (owner) five (5) days written notice. Thereafter, eviction shall take place as provided by the laws of the State of Utah.

d. Lessee shall comply with the Declaration, Bylaws and Rules and Regulations of American Towers Condominium Association in force or otherwise brought to the attention of Lessee as the same pertain to the leased premises including the common areas. Failure to comply shall be grounds for immediate termination of the lease, by Lessor or by the American Towers Owners Association, through its agent.

4. The Association shall have authority in its sole discretion to waive any of the rules and regulations set forth above; however, any specific waiver shall not extend to any future breaches nor prejudice any rights or remedies whatever in regard thereto.


C. PROHIBITED ACTIVITY:

1. No noxious or offensive activity shall be carried in or upon any part of the Project, nor shall anything be done or placed in or upon any part of the Project which is or may become a nuisance or which may cause unreasonable disturbance or annoyance to Owners generally. No activities shall be conducted, no improvements constructed, in or upon any part of the Project which are or may become unsafe or hazardous to any person or property.

2. Noise of any kind that emanates from one Unit into another between the hours of 10:00 P.M. and 6:00 A.M. is nuisance, is not permitted and is subject to the fines below.

3. Smoking of Tobacco products is not permitted in the Project. Individuals that are permitted to smoke within their Units as provided by Section 7.11 of the Declaration of Condominium may not allow their tobacco smoke to drift into the Common Areas or any other Unit and are subject to the following fines.

4. The following fines shall be charged to Owners for any violation of the above or of any of the other Rules and Regulations herein by Owners, their guests or tenants, however, the warning for a first offense is not necessary for intentional or other egregious violations:

First Offense - Warning
Second Offense - $100
Third and Fourth Offense - $200
Each Offense Thereafter - $500

 

Owners, their guests or tenants are entitled to appeal any fine within thirty days of the notice letter by contacting the management office to request an informal hearing with the Board of Trustees. Owners, their guests or tenants may appeal a fine in writing, if they so choose, by sending a letter to the Board in care of the management office.

3. In addition to the above fines, Owners shall also be responsible to reimburse the Association for any costs incurred by the Association for any cleaning, damage, repairs or restoration caused by Owners, their guests or tenants.


D. REMODELING AND CONTRACTORS:

1. Prior to engaging in any construction or remodel, owners are required to remit to the management office a $500 refundable deposit to cover potential costs of damages to, and cleanup of, common areas during, or resulting from, construction or remodel. The deposit will be refunded following final inspection meeting with management and the Building Engineer. An additional $100 non-refundable fee will be charged to cover the cost a pre-construction contractors meeting in which each contractor that will be working on the Unit will meet with the Building Engineer of the Association to review these rules and to coordinate activities as needed. Contractors are to provide certificates of insurance with the Association named as the certificate holder. Owners are to provide the Association with permits, plans and/or drawings of the scope and details of the remodel and a condo owner property and liability insurance certificate prior to this meeting.

2. Owners are required to obtain City building permits for any construction or remodel or work that involves walls, electrical or plumbing. Permits are to be filed with the management office with the $500 deposit and copies of all permits and inspections are to be posted on the door of the unit during remodel or construction. The construction deposit will only be refunded after a final City inspection report is filed with the management office by the owner of the unit. Owners shall also notify adjacent (including above and below) condo residents in writing of what to expect in terms of disturbance, noise, or other issues that will affect them.

3. Units that have completed 1. and 2. above are authorized for construction or remodel and will be posted in Security. Contractors engaging in construction or remodel attempting to enter the building for any other unit will be denied entry.

4. Common pipes and drains may be located inside of Condo interior walls. However, relocating or making modifications to those portions of interior walls containing common pipes, plumbing, waste systems or lines, or to exterior walls, or drilling into concrete floors is strictly prohibited. Other plumbing changes or modifications may require a building water shut-off which also requires a fee of $150 for each water shut off request.

5. Owners are responsible to ensure that contractors in their employ do not damage, soil or trash any common areas. This includes condo doors, loading entrances, lobbies, hallways, elevators, and parking garage. Contractors are required to clean, vacuum or sweep any incidental mess that occurs. Our housekeeping staff is NOT responsible for this type of cleanup. If such is required, there will be a $20 minimum deduction from the construction deposit for each incident.

6. Owners are to inform contractors that they are not to dispose of any material or debris in the trash chutes on each floor or in the dumpster containers on P1 or P2. These are for commercial tenant and residential refuse only. Contractors are required to remove and dispose of all trash or debris incidental to construction. If the dumpster is used and an extra pickup is required, the extra pickup charge will be deducted from the deposit.

7. Owners are to inform the management office of times, when and if, any construction noise may be created. Under no circumstances is construction noise of any kind permitted before 9 a.m. and after 6 p.m.

8. Owners are to inform contractors that all work and construction must take place on the inside of each condo and that no staging or work is to take place in any common area. If such is required, contractors should be informed to perform such work in their shop and bring it to the premises.

9. Contractors or owners are responsible to contact security to reserve only the loading and unloading parking area of the alley. Other parking in the alley is not permitted. Owners are cautioned to inform contractors of the costs of parking in the garage so that they may incorporate the costs of parking in their bids and estimates.

10. Contractors and owners are responsible contact security to reserve the freight elevators for use. Passenger elevators may not be used to transport any equipment, supplies, tools or material.

11. Owners are not to allow contractors to use their access cards. Contractors may check in at security on a daily basis and obtain a contractors access card to be worn at all times on the premises and to be returned to security prior to leaving the premises and at the end of each day. There will be a $20 charge to re-activate or replace lost access cards or access cards de-activated by security for improper use.


E. FAIR AND REASONABLE NOTICE:

1. The American Towers Owners Association may transmit by electronic means, any information or notice required by the Utah Condominium Act or the American Towers Declaration that is required to be provided to Owners. The electronic transmission method may include text message, email, or posting information or notice on the American Towers Owners Association website.

2. The Association will provide the required information or notice to any Owner upon request. The Association will also provide future required information or notice by mail, to any Owner who makes a written request to the management office that future information or notice be sent by mail.


F. INSURANCE AND DISASTER RELIEF PROCEDURES

1. Owners should obtain their own property insurance in an amount of at least $10,000. Since the Association's property insurance policy deductible is $10,000 it will cover all damages from insured casualties in excess of $10,000 in total for any one incident, including incidents which affect more than one Unit. Each Owner or his/her insurance policy is required to pay for damage to his/her Unit or to Limited Common Areas of his/her Unit that does not exceed $10,000 in total for any one incident including a prorated percentage for incidents that affect more than one Unit as dictated by the Utah Condominium Act.

2. The property insurance policies of the Association cover the following: any fixture, improvement, or betterment installed by a unit owner to a unit or to a limited common area, including a floor covering, cabinet, light fixture, electrical fixture, heating or plumbing fixture, paint, wall covering, exterior window, and any other item permanently part of or affixed to a unit or to a limited common element. This coverage is subject to the deductible as described above.

3. Owners are encouraged to obtain additional insurance for their own liability and for any personal property such as furnishings, clothing, valuables and personal effects that are not typically covered by property insurance policies as described above. Any “betterments” or improvements an Owner makes to his Unit should be well documented in order to receive coverage by the Associations property insurance policy. Otherwise, such betterments or improvements would only be covered by the Owner's separate property policy.

4. The Association may respond to all incidents involving damage to a Unit or Units by using either in-house resources or by calling outside disaster relief contractors. The Association will also notify all the Owners of the damaged Units in writing outlining the source of the damage and the steps taken to either mitigate or repair the damages.

5. The Association will make best efforts to ensure that mitigation and repair costs are conducted within insurance cost guidelines and limitations. If repairs are to be conducted that are not covered by an insurance policy, the Association will make best efforts to co-ordinate repairs with Unit owners in order to provide opportunity for Owners to solicit competitive bids from qualified and licensed contractors and to ensure that the repairs are made in compliance with all applicable laws.

6. All costs and expenses for damages to Units or to Limited Common Areas of Units that do not exceed the $10,000 amount in total, including the cost of in-house resources utilized, are the responsibility of the individual Unit Owners or their insurance policies. Unit Owners must reimburse the Association for these costs and expenses within thirty days of receiving an invoice. Invoices that remain unpaid after thirty days will be collected as authorized by, and in accordance with the Utah Condominium Act which provides for levy of a lienable assessment on their Unit.

7. Owners, their insurers and outside disaster relief contractors may also co-ordinate repairs and payment directly with each other. In these cases, the Association reserves the right to pay the contractors on behalf of Owners if payments are not made to the contractors within thirty days of receipt of an invoice. The Association will then seek reimbursement of these payments in the same manner authorized by, and in accordance with the Utah Condominium Act.

8. For damages that appear to be minimal or incidental and below $10,000 in total damages, the Association may leave responsibility for clean-up and repairs to the Owners of the affected Units to be performed through licensed contractors and completed in compliance with applicable laws, but reserves the right to employ outside contractors for clean up and repairs. The Association will then to seek reimbursement of these costs and expenses from the Owners, or the insurance policies, of the damaged Units in accordance with the Utah Condominium Act.

9. Owners are to be reminded that the Utah Condominium Act requires their insurance company to issue a certificate of insurance to the Owners Association.

 

 

The Board of Trustees reserves the right to amend, modify or revoke the foregoing Rules and Regulations at any time. The foregoing Common Rules were adopted by the Board of Trustees on August 3, 2011 and amended on January 24, 2012.