To request full e-version Bylaws and Rules, please email to pleasantoakes@gmail.com with your name and unit#
Each Owner should receive a copy of the condominium documents from the previous Owner. It is the responsibility of the Landlords to provide By-laws and Rules to the tenants.
The Association will provide a free PDF copy of the Declaration, Articles of Incorporation, By-Laws, and Rules, Association Policies, and Procedures via the Association web site.
ARTICLE VII Duties and Obligations of Unit Owners
7.1 Rules and Regulations. The units and the common areas and facilities and limited common areas (hereinafter in this paragraph sometimes collectively referred to as “commons”) shall be occupied and used in accordance with the Declaration, the Articles of Incorporation, and the By-Laws, and rules and regulations of the Association, including the following:
(a) Use. No unit owner shall occupy or use his unit or the limited common areas appurtenant thereto, or permit the same or any part thereof to be occupied or used for any purpose other than as a private residence of the owner, the owner’s family, or the owner’s lessees or guests.
(b) Obstructions. There shall be no obstruction of the common areas and facilities.
(c) Increase of Insurance Rates. Nothing shall be done or kept in any unit or in the commons which will increase the rate of insurance on the commons, without the prior consent of the Association. No unit owner shall permit anything to be done or kept in his unit or in the commons which will result in the cancellation of insurance on any unit or any part of the commons, or which would be in violation of any law or ordinance. No waste shall be committed to the commons.
(d) Signs. No sign of any kind shall be displayed to the public view on or from any unit or the commons without the prior consent of the Association.
(e) Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept in any unit or in the commons, except that dogs, cats, or other household pets may be kept in units, subject to the rules and regulations which may be adopted by the Association regarding the same.
(f) Noxious Activity. No noxious activity or offensive activity shall be carried on or in any units or in the commons, nor shall anything be done therein which may be or become an annoyance of nuisance to others.
(g) Alterations, Construction or Removal. Nothing shall be altered, constructed in, or removed from the commons, nor shall anything be done therein which may be or become an annoyance or nuisance to others.
(h) Conflict. The above rules and regulations, and those which may be hereafter adopted by the Association, are in addition to the Declaration, and the documents, contracts, declarations, and easements set forth in the Declaration, and in the event of a conflict, the Declaration and contracts, declarations, and easements set forth and referenced therein shall govern.
ARTICLE XI Rules
CONDOMINIUM DOCUMENTS
Each Owner should receive a copy of the condominium documents from the previous Owner. It is the responsivity of the Landlords to provide By-laws and Rules to the Tenants.
The Association will provide a free PDF copy of the Declaration, Articles of Incorporation, By-Laws, and Rules, Association Policies, and Procedures via the Association web site.
Rules and Policies are developed by the Board of Directors to supplement the By-Laws and/or to establish Procedures for the management of the Association. Rules and Policies constitute Article XI of the By-Laws
1. Residents must first park in their individually assigned spaces, then on a first come first served basis in the spaces marked for visitors.
2. No vehicles shall be parked in any area outside the parking spaces.
3. Vehicles only shall park in the common parking areas. Parking areas will not be used to store trailers, boats, tents, etc. No vehicles may be continuously parked/stored for more than five (5) days. If the vehicle is not moved and operated within ten (10) days of notification the unit owner will be assessed a rate of $25 per day starting from the day of notification. Vehicles parked with flat tires or inoperable and not moved for 5 days (this is considered as storing vehicle) will be towed at the owner’s expense. All vehicles must have license plates. If a vehicle does not have a license plate, it will be considered abandoned and will be subject to ticketing and towing.
4. No vehicles may be kept on the common property for the purpose of accomplishing repairs or reconstruction thereto. Minor repairs will be the exception to this rule. Minor vehicle maintenance, including, but not limited to, changing oil, oil filter, air cleaner, and spark plugs is permitted. Residents performing such maintenance must clear and clean the area after performing such work, including absorbing and disposing of any oil spills, grease, and any and all other debris. If the oil is left on the asphalt it will soften the pavement and eventually destroy it leaving a hole and a stain. Residents need to clean/remove any oil leak/spill on the pavement immediately. The debris, including used oil, must be taken to a City recycling location.
5. No truck over ¾ ton type shall be parked on the common property.
6. If your family has more than 2 vehicles, you are to park the third vehicle on Oakes Road.
7. Pleasant Oakes Condominium Association, Ltd common parking area is private property
8. The Speed limit is 15 MPH in the parking lots. This is necessary for the safety of our children. Please inform all driving members of your family what the speed limit is.
9. If a resident observes a Case High School Student using a visitor’s parking spot, it is their responsibility to call the Mt Pleasant Police Department to request the vehicle be ticketed. They will need the license plate number and a description of the vehicle.
10. Pleasant Oakes Condominium Association, Ltd and its Board of Directors will not be held responsible or liable for any damage done to a vehicle when enforcing any and all parking rules. Damage done and/or expenses incurred to any vehicle will be the sole responsibility of the owner of such vehicle.
11. Because of the limited number of parking spaces, residents are asked to park their motorcycles in the assigned spaces as their car.
ANY VIOLATION OF THE ABOVE POLICY WILL BE SUBJECT TO CITATION AND/OR “TOW AWAY” AT THE OWNERS EXPENSE.
XI B POOL RULES
1. Pool hours are 9 a.m. to 9 p.m.
2. Excessive noise, running, or rough play in the pool area is prohibited.
3. Glassware, bottles, or food are not allowed in the pool area; including gum, candy, etc., per (HSS 1721.034B, Wis. Admin. Code).
4. No alcoholic beverages are allowed within the fenced area of the pool.
5. All persons are responsible for cleaning litter caused by their use of the pool area.
6. An adult resident must accompany all guests in the pool area.
7. Children (16) sixteen years and younger must be accompanied by an adult resident (18 and over) at all times.
8. Animals of any kind are not allowed in the pool area.
9. The pool may be closed at any time by the discretion of the management.
10. For the safety of young children, the pool gate must be latched at all times. Remember, there is no lifeguard on duty.
11. Residents and Unit Owners will be held responsible for the actions of their guests.
12. Children of diaper age or those children not toilet trained are not permitted in the pool. All commonly recognized rules of personal sanitation shall be observed. Residents must instruct their children and guests of this rule
13. The swimming pool cannot be reserved for private or special functions.
14. Portable battery operated radios, etc., while permitted, shall not be loud or disturbing to the other occupants of the pool area.
XI C DOG RULES
The Pleasant Oakes Condominium Association Board of Directors has adopted the following rules and penalties for dog owners in residence, either owners or tenants,
1. Dogs are not allowed to defecate or urinate on the common area with the exception of the owner’s patio area or along the east property line, east of the parking lot area along the creek. Pets walked on the common grounds should not be allowed to urinate in the same spot constantly as this damages the grass.
2. All dog droppings must be picked up immediately, enclosed in a tied plastic bag, and disposed of in the garbage dumpsters.
3. All pets must be on a leash at all times.
4. Chains that reach outside the patio area are prohibited.
5. Dogs shall be limited to one per unit, and must be no heavier than 25 pounds. (Existing dogs are grandfathered but cannot be replaced with a dog heavier than 25 pounds)
6. Where failure to comply with the above rules can be reasonably determined, the Board will assess the resident or owner of the unit in which the animal resides for each offense including the repair to grass and shrubs.
XI D RESTRICTED USE OF COMMON AMENITIES
Any unit owner who is more than 60 days delinquent on paying assessments shall be prohibited from parking, or having any visitor, guest or vendor parking, in any of the unassigned/common parking spaces on the condominium property. Additionally, neither the unit owner nor any member of their household can be the guest of another owner in order to have access to this amenity. The unit owner will be notified in advance that the Board is restricting their access, and the effective date. Violators of this Rule shall be fined and/or towed without further notice. If the unit is rented, this rule applies equally to the tenant and their residents, guests, and vendors
XI F PLAYGROUND EQUIPMENT RULES
PLAYGOUND IS FOR USE BY RESIDENTS AND THEIR GUESTS ONLY
PLAY AT YOUR OWN RISK - NO ATTENDANT ON DUTY
2. Hours of Operation: Dawn – Dusk
3. USE EQUIPMENT PROPERLY: Misuse of playground equipment can lead to injury. The equipment is to be used only as intended by the manufacturer. You, your children and guests are playing at your own risk. The HOA assumes no responsibility for any personal injury to anyone resulting from use of the amenities. Anyone caught misusing playground equipment will be given a warning. The second violation will lead to revocation of playground privileges for one month and fines.
4. AGE: Use of the playground equipment is intended for children 5 years to 10 years; weight of 80 pounds or less. This rule is in place to prevent damage and/or unnecessary wear and tear to the playground equipment. There is no playground attendant; parents are responsible for the supervision of their children.
5. RESTRICTIONS: The following are not allowed and may result in individuals being asked to leave the playground, and may be cause for the loss of playground access and/or fines.
· NO RUNNING, PUSHING, WRESTLING, OR ROUGH PLAY
· DO NOT CLIMB UP THE SLIDE PLATFORM OR CLIMB ON THE SWING STRUCTURE
· SWINGS SHOULD NOT EXEED 45 DEGREE ANGLE
· NO ABUSIVE/PROFANE LANGUAGE
· NO LOUD RADIO OR EXCESSIVE NOISE
· NO ALCOHOL
· NO GLASS CONTAINERS
· NO BBQ GRILLS
· NO LITTERING
· NO PETS OR ANIMALS ARE ALLOWED IN THE PLAY AREA
· NO BIKES, SKATEBOARDS, ROLLER SKATES, OR SIMILAR ITEMS IN PLAY AREA
· NO SMOKING ON PLAYGROUND
· NO PERSONAL ARTICLES OR BELONGINGS ARE TO BE LEFT ON THE PLAYGROUND THE HOA ASSUMES NO REPONSIBILITY FOR LOST OR STOLEN ARTICLES
XI H MISCELLANEOUS RULES
1. Any Bylaw or Rule which contains a requirement for Board approval, means such approval must be in writing. Verbal approval is never given.
2. Ball playing is not allowed in the parking lots. There have been instances of damage to vehicles due to this practice.
3. Kickball, Basketball, Baseball or any game involving hitting an object with a bat is not allowed in any common area. Playing ‘catch’ with a baseball or football is allowed.
4. No bike riding or scooters are permitted in the parking lot due to safety issues.
5. Residents and their children should not cross the lawns between sidewalks in the front of buildings. This causes paths to be worn in the grass.
6. Parents will be responsible for the cost of damages incurred by their children, such as stomping on downspouts, climbing and pulling railings, trees, etc.
7. No motorized go‑cart or mini bikes are allowed on the property.
8. Bicycles must be stored on the patio area only, and not left laying on the ground in the front or rear of the building.
9. BBQ grilles must be at least 6 ft from the building when in use.
10. When residents cook on the patio, it is their responsibility to have a U.L. approved fire extinguisher available and to control the flames so as not to create a fire hazard.
11. Rummage or yard sales are permitted with Board approval.
12. No solicitation is allowed on the property without the prior written consent of the Board of Directors
13. All required smoke detectors are the responsibility of the Unit Owner and shall comply with the provision of NFPA No. 72E‑1982, Standard on Automatic Fire Detectors or NFPA No. 74‑1980, Household Fire Warning Equipment.
14. At least one detector shall be provided at the head of every open stair; a battery or AC powered smoke detectors may be used. The Unit Owner is responsible for maintaining the smoke detectors in good working order. Tenants are responsible for informing the Owner, in writing, of any smoke detector malfunction, including the need for a new battery. The Owner then has five (5) days, from receipt of the written notice from the tenant, to repair or replace the smoke detector or replace the battery. The Owner must replace batteries at the beginning of a new lease and at least annually. The Owner must also furnish to the tenant written notice of the responsibilities of the tenant and the obligations of the Unit owner regarding smoke detector maintenance.
15. All residents have a right to quiet and privacy without disturbance by loud noise, obnoxious behavior or harassment from neighboring units or common areas, especially at night (after 10:00 P.M.) Noise levels above normal tones, at such levels as to be disturbing, shall not be permitted on the property or within a Unit. The time and day of the week will be taken into consideration. Radios, televisions and other speaker systems used either indoors or outdoors should be kept at a level that will not disturb neighbors.
XI K GARBAGE
1. Garbage is to be put in the dumpsters at either end of the complex in tied plastic bags. Recycling bins for plastic, glass, paper, and cardboard are also located by the dumpsters.
2. No garbage or refuse items are to be left outside of the dumpsters. If an article will not fit in the dumpster, you must make arrangements with the garbage collection service, Waste Management, to have the items removed at your expense. This is dictated by Mt. Pleasant sanitation ordinance.
3. No trash, trash containers or recycling containers are allowed on patios or anywhere in front of the building, including your own front stoop or stairs.
4. ATTENTION: Patio appearance is important. Please be kind to your neighbors by keeping a tidy patio. Thank you.
XI L EXTERIOR CHANGES AND DECORATING
1. Unit owners shall not make any changes to the exterior of their unit without WRITTEN PERMISSION from the Association Board, as stated in the Declaration (11.4). This includes windows, doors, patio decks, light fixtures, fences, or objects such as air conditioners.
2. No Owner or Tenant shall install outside the Unit any canopy or awning, or clotheslines, without the prior written permission of the Board of Directors.
3. Only draperies, curtains, shades, or blinds of a customary nature and appearance may be used as window treatments, and must be kept in good repair.
4. Foundation planting of annuals, and/or perennial flowers is permitted immediately in front of the unit or in the rear patio limited common area only. Planting is not allowed along the access sidewalk or main sidewalks. The goal of any landscape improvement is to promote a pleasing and harmonious neighborhood character. Individual expression is permissible so long as it does not detract from this goal.
Any window air conditioner may be placed in UPSTAIRS REAR WINDOW ONLY and must be of a type intended for slide-by windows so that it fits into one side of the window frame. The area above the unit must be filled with Plexiglas or a comparable material. NO WOOD OF CARDBOARD MAY BE USED. Units may not be left in place over the winter months, and must be removed by October 15 and not installed before April 15.
XI N SNOW REMOVAL
1. Residents are responsible for the shoveling, salting or sanding of their own front stoop, access sidewalk, and steps. Common sidewalks will be plowed, salted or sanded by the snow removal company within 24 hours of any snowfall. The driveway will be plowed by 6:00 A.M. whenever snow has accumulated to a depth of 2 inches or more.
2. Parking spaces will be plowed for accumulation of 2 inches or more starting at 10:00 A.M. This time may be changed as needed, with residents being notified.
3. All cars must be removed for snowplowing. Please leave a car key with a neighbor of Board member if you are not available to move your car due to being out of town, etc.
4. If a resident does not have their car moved when the snow plow arrives to clear the parking lot, it becomes the resident's responsibility to remove any snow in their designated parking spots and around their cars within 24 hours of any snowfall accumulated to 2 inches or more.
XI O RENTAL PROPERTY
1. During occupancy, a unit shall be considered rented if it is not Owner occupied; whether or not there is a signed rental/lease agreement.
2. The rental agreement must include a provision that the tenant(s) must abide by the Association’s Bylaws and Rules, and assurance that the tenant(s) has received a copy of the Bylaws and Rules.
3. The Association will issue violation assessments directly against the tenant if a tenant causes a disturbance or fails to follow the Bylaws and Rules of the Association. If the assessment is not paid by the tenant within 30 days, the owner shall become responsible for payment.
4. The Home Owner Association (HOA) dues are the responsibility of the Owner and should not be assigned to the tenant to pay on the Owners behalf.
5. The Owner must provide a copy of the signed rental agreement to the Association, and include the names, phone number and vehicle information of the renters.
6. Appropriate legal action shall be taken for violations to this Rule. The Owner shall be assessed the full cost of any attorney fees and/or other costs to the Association.
7. Notice of any lease shall be given to the Secretary of the Association within five (5) days following consummation of such lease. The lessee (tenant) under every such lease shall be bound by and subject to all of the obligations under the Declaration, By‑laws and Rules of the Association, and the lease shall expressly so provide. The Unit Owner making such lease shall not be relieved thereby from any of said obligations. Every such lease shall also expressly provide that the Association may exercise against the lessee thereunder any and all remedies available to the Association against the Unit Owner.
8. The Unit Owner is responsible and liable for the conduct and actions of the tenants and guests.
1. The Home Owner Association (HOA) assessment is due and payable on the 1st day of each month. Payments received after the 1st are considered late. However;
2. The Board of Directors on behalf of the Association allows a grace period of 15 days to receive payment. HOA payments received after the 15th day of the month shall be assessed a late fee of $25 (twenty five). Additionally, Per Article V Section 5.3: Past Due amounts, including: late fees, and fines, shall, "…bear interest at the rate of twelve percent (12%) per annum until paid in full.”
3. The Association will notify the Owner in writing that their account is past due, or payment was received late, at the end of the month.
4. Per Article V Section 5.5: “If a member of the Association is in default in payment of any charges or assessment for a period of more than thirty (30) days, the Board of Directors, in the name of the Association, may file liens therefore and bring suit for and on behalf of the Association" The Board of Directors on behalf of the Association has elected to delay legal action for 60 days.
5. If the Owner is past due for 60 days, the Association shall notify the Owner in writing their account is in Arrears. The notice will inform the Owner that full payment must be received within 10 days, or other payment plan arrangements made with the Association’s Board of Directors. If the account is not paid within the specified time, the Board of Directors will pursue legal action on the behalf of the Association's members.
6. The Owner shall be assessed all fees associated with any legal action by the Association’s Board of Directors.
7. Payments will be applied to all past due amounts first. Interest shall continue to be assessed against monies owed.
8. The Association will make reasonable effort to notify Owners of past due amounts and/or fines using the current address on file with the Association. Failure to receive any notifications does not absolve the owner from being responsible for past due HOA payments, late fees, interest, legal fees, or fines.
9. Payment may be placed in the Association's on-site mailbox. If payment is mailed, sufficient time should be allowed so it is received on or before the 15th of the month.
XI Q SALES OF THE UNIT
1. The Association has a first right to purchase the unit.
2. New owner (buyer) needs to pay $100 to transfer unit ownership.
3. It is the new owner (buyer)’s responsibility to contact HOA to update the owner information.
4. Provide electronic disclosure materials and payoff statements are free.
XI R SMOKING RULES
1. For the health and safety of the neighbors, smoking unit owners should properly and fully seal his or her unit or procure a medical-grade air purification system at the unit owner's cost.
2. Carrying, burning, or otherwise handling or controlling any lit or smoldering product containing marijuana is prohibited anywhere within the condominium limit.
Any sizable damage of lawn (more than 2 square foot in total) caused by the actions of the residents, including but not limited to deep tire tracks, or dog pee, will result in a flat rate lawn damage repair fine of $100.
XI T OIL/CHEMICALS LEAK/SPILL RULE
Diesel oil, motor oil, gasoline, antifreeze and other types of chemicals can cause the asphalt to break down over time. In addition, motor oil and some chemicals can leave unsightly stains on the surface. Residents need to clean/remove any oil/chemicals leak/spill on the pavement immediately.
XI U POWER SHUTOFF RULES
1. Owners must make sure the power to the unit is on all the time to ensure working flood/security lights, sump pumps, etc.
2. Any damages due to the power shut off will be the unit owners’ full responsibility.
The following is a schedule of the fines that will be imposed for non-compliance with the law, the Declaration, Bylaws, rules, regulations, covenants, conditions or restrictions (herein collectively "Condominium Documents"):
a. A WRITTEN WARNING for a Unit Owner or resident's first violation of the Condominium Documents. In addition, a member of the Board may attempt to contact the offending party to explain the violation and the need that all residents and Unit owners comply with the Condominium Documents.
b. TWENTY-FIFTY DOLLARS ($25.00) shall be assessed against a resident or Unit Owner for a second violation of the Condominium Documents (or for the violation that remains after the Unit Owner has received the warning letter discussed in 1.a). The second violation does not need to be the same violation as the first violation in order for the $25 fine to be assessed.
c. FIFTY DOLLARS ($50.00) shall be assessed against a resident or Unit Owner for a third violation of the Condominium Documents (or for the violation that remains after the Unit Owner has received the warning letter discussed in 1.a). The third violation does not need to be the same violation as the first and second violation in order for the $50fine to be assessed.
d. ONE HUNDRED DOLLARS ($100.00) shall be assessed against a resident or Unit Owner for each successive violation of the Condominium Documents.
e. Notwithstanding paragraphs (a-d) immediately above, FIVE HUNDRED DOLLARS ($500.00) shall be assessed for each violation of the Condominium Documents, when in the sole opinion of the Board of Directors the violation meets one or more of the following criteria:
1. The violation is in direct defiance of a previous mandate from the Board of Directors.
2. The violation was malicious in its intent.
3. The violation is evidence of a pattern of the resident’s or Unit Owner’s non-compliance with the Condominium Documents.
4. The violation is of such a nature that the violation cannot be corrected and/or that direct monetary restitution cannot be determined. (i.e. if alterations are made that cannot be restored to their original state.)
2. Each day that a violation exists shall be a new violation subject to fine at the discretion of the Board.
3. Attorney Fees
a. The Board may also assess a unit owner who has violated the Condominium Documents for the actual attorney fees incurred associated with reviewing the facts and Condominium Documents and advising the Board.
b. In the event that the Association retains an attorney to collect any funds due, enforce any rule within its governing documents, bring any claim against a unit owner or defend any claim or allegation by a unit owner, including any counterclaim, the Association shall, if it is the prevailing party in the claim or defense, be entitled to collect from the unit owner all of its costs and expenses, including reasonable attorney fees. In the event that the Association retains an attorney to represent the Association’s interest in a suit filed by the unit owner’s mortgage company in which the Association is a named defendant, the Association shall be entitled to collect from the unit owner all of its costs and expenses, including reasonable attorney fees. This Rule does not apply to owners’ fair housing complaints, neither State nor Federal.
4. Any Unit Owner or resident who has been accused of violating the Condominium Documents or been fined may demand that the matter be heard by a Grievance Committee. Such demand must be in writing and provided to the Board of Directors within 14 calendar days of the notice of the violation or fine. If no demand is made within 14 calendar days, then the finding of a violation and/or fine shall be final and binding. If a demand is timely made, the matter shall be submitted to the Grievance Committee within seven (7) days.