ASSOCIATION RULES
All Unit Owners in Meadowlark Village, A Condominium situated in the vicinity of Ogunquit, York County, Maine, their family in residence, and all guests, invitees, licensees and approved lessees using the Condominium Property in any manner shall be subject to and bound by the obligations and duties set fourth in the Declaration of Condominium for Meadowlark Village, A Condominium, the terms and provisions of which are expressly incorporated herein by this reference, and the Articles of Incorporation and Bylaws of MEADOWLARK VILLAGE CONDOMINIUM ASSOCIATION, INC., these Rules and Regulations, the Property Owners' Association Documents, and as all of the same may be amended from time to time, with the terms and provisions of all of the aforesaid documents being expressly incorporated herein by this reference, and by Chapter 31, Maine Statues (the "Condominium Act")
The following rules of occupancy shall be applicable to each unit owner.
There shall be no obstruction of the Common Elements nor shall anything be stored in the Common Elements without the prior consent of the Board of Directors except as herein or in the By-Laws expressly provided. Each Unit Owner shall be obligated to maintain and keep in good order and repair his own Unit in accordance with the provisions of the By-Laws.
Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance of any of the Buildings, or contents thereof, applicable for residential use, without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his Unit, or in the Common Elements which will result in the cancellation of
insurance on any of the buildings, or contents thereof, or which would be in violation of any law. No waste shall be committed in the Common Elements except where provision made.
Common Areas may be used for temporary outdoor activities such as dining, skating, art shows, exhibits, and the like, but prior written approval of the Board of Directors for a specific use and time shall be required, and such use may not permanently alter or materially injure the landscape or appearance of the common area.
Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls or doors of a building and no sign, awning, canopy, shutter or radio or television antenna (except for master antenna system) shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof or exposed on or at any window
without the prior written consent of the Board of Directors.
No animals or reptiles of any kind shall be raised, bred, or kept in any Unit or in the Common Elements, except that dogs, cats or other household pets’ owners by the Unit Owners at the time of purchase of their Units (or acquired thereafter), not to exceed one (1) per Unit with the approval of the Board of Directors may be kept in Units, provided that they are not kept, bred or maintained for any commercial purposes; and provided that any such pet causing or creating nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon three (3) days' written notice from the Board of Directors. In no event shall any dog be permitted in any portion of the Common Elements, unless carried or on a leash (as mandated by the State of Maine Leash Law). Dog waste must be picked up immediately and disposed of properly.
No noxious or offensive activity shall be carried on in any Unit, or in the Common Elements, nor shall anything be done therein, either willfully or negligently, which may be or become annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall make or permit any disturbing noises in the
building by himself, his family, servants, employees, agents,
visitors and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts, or conveniences of other Unit Owners. No Unit Owner shall play upon, or suffer to be played upon, any musical instrument or operate or suffer to be operated a sound system, television set or radio in the premises between the hours of Eleven O'clock P.M. and Eight O'clock A.M. if the same shall disturb or annoy other occupants of the buildings. No Unit Owner shall give or permit to be given vocal or instrumental instruction at any time.
No clothes, sheets, blankets, laundry or any kind of other articles shall be hung out of the Unit or exposed on any part of the Common Elements. The Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials.
There shall be no playing, lounging, or parking of baby carriages or playpens, bicycles, wagons, toys, vehicles, benches or chairs, rollerblading, roller-skating on any part of the Common Elements except in recreational or storage areas designated as such by the Board of Directors. Storage by owners in areas designated by the Board of Directors shall be at the owner's risk.
No industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, designed for profit, altruism, or otherwise shall be conducted, maintained or permitted on any part of the Property, nor shall any "For Sale", "For Rent" or "For Lease" signs or other window displays or advertising be maintained or permitted on any part of
the Property or in any Unit therein nor shall any Unit be used or rented for transient hotel or motel purposes.
Nothing shall be altered or constructed in or removed from the Common Elements, except upon the written consent of the Board of Directors.
Each Unit Owner shall keep his Unit in a good state of preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown there from, or from the doors, windows, terraces or balconies thereof, any dirt or other substance. All trash cans or recycle bins must be removed on the day trash is removed. Animals get into trash; all units must use trash cans with covers.
The agents of the Board of Directors or the managing agent, and any contractor or workman authorized by the Board of Directors or the managing agent, may enter any room or Unit in the Buildings at any reasonable hour of the day after notification (except in the case of emergency) for the purpose of inspecting such Unit for the presence of vermin, insects or other pests and for the purpose of taking such measures as may be necessary to control or exterminate any such vermin, insects or other pests. Extermination costs are an owner's expense.
No terrace or balcony shall be decorated, enclosed or covered by any awning or otherwise without the consent in writing of the Board of Directors.
No Unit Owner or occupant or any of his agents, servants, employees, licensees or visitors shall, at any time, bring into or keep in his Unit any flammable, combustible or explosive fluid, material, chemical or substance.
If any key or keys are entrusted by a Unit Owner or occupant or by any member of his family or by his agent, servant, employee, licensee or visitor to an employee of the Board of Directors, whether for such Unit or an automobile, trunk, or other item of personal property, the acceptance of the key shall be at the sole risk of such Unit Owner or occupant, and the Board of Directors shall not be liable for injury, loss or
damage of any nature whatsoever directly or indirectly resulting there from or connected therewith.
The Board of Directors, or its designated agent, will retain a passkey to each unit.
The Board of Directors has established parking rules, pool rules and tennis court rules as empowered by the Condominium Association Bylaws- Please see attached for list of rules.
All complaints of any nature are to be made whenever possible in writing to the Board of Directors of the Condominium Association. The complaint should be signed so that we may contact the Complainant for more information to properly rectify the situation.
Seasonal decorations should be removed within a reasonable time once the holiday has passed. In particular, outside Christmas decorations should be taken down and disposed of properly by January 31st.
Monthly fees shall be due and payable the first day of each month. If payment has not been received by the 15th of the month, a notice will be sent to the Unit Owner. If payment has not been received by the 30th of the month, a
$50.00 late fee will be charged to the Owners account. Unpaid late fees automatically constitute a lien in the State of Maine.
RULES REGARDING PARKING
The primary parking area for each unit consists of the garage and the driveway provided for that unit. Other parking areas should be used only when the primary areas are already utilized or otherwise unavailable for good reason.
Parking should be limited to garages, driveways. Parking on roadways is not permitted if the vehicle blocks passing vehicles or forces passing vehicles to drive on the grass. Parking on lawn or other non-blacktop spaces and turn around areas is not permitted at any time.
Two areas are designated as overflow parking areas, when needed.
The North side (right hand side when entering Meadowlark) of the entry road from Shore Road between the first and third lampposts, as close to the fence as reasonable. For reasons of safety, cars should not be parked between Shore Road and the first lamppost, or between the third lampposts at the curve at the bottom of that slope. The turnaround areas adjacent to the tennis court and swimming pool area. Care should not block the exit of any car already parked in this area.
Cars should be parked so as to avoid interfering with access to or exit from any driveway or create a hazard for moving vehicles, such as at the blind curve at the bottom of the slope when entering from Shore Road.
Cars should be parked so that there is ample room to permit the passage of emergency and service vehicles, such ambulances, fire engines, delivery trucks and other large vehicles.
Cars parked in the overflow areas must have a yellow resident card showing on the dashboard with the unit owner's name and unit number visible.
STANDARD RULES REGARDING POOL USE
NOTE: COVID-19 Pool Protocols for 2021 are outlined in Attachment #2.
NO LIFEGUARD ON DUTY
Pool - Open 8:00 am until Dark
NO swimming after dark.
CHILDREN UNDER THE AGE OF 16 SHOULD NOT USE THE SWIMMING POOL WITHOUT AN ADULT IN ATTENDANCE.
ADULTS SHOULD NOT SWIM ALONE.
Horseplay, pushing, shoving, dunking or running are prohibited.
Glassware is strictly prohibited inside pool enclosure.
Flotation devices, tubes, mattresses, etc. are NOT allowed.
No pets are allowed in the pool area.
Guests: An owner or member of owner's family MUST be present when guests are using the pool or pool area.
Proper footwear and top cover should be worn to and from the pool
Please use pool shower before entering the pool, particularly if using sun tan lotion/sunscreen.
Proper bathing attire is required. This means bathing suits, not cut off jeans, etc.
This is a small recreational area and many members value their privacy and solitude. Therefore, large groups of children and teenagers using the facilities at one time is discouraged. If possible, guests of members' children and teenagers should be limited to one guest per each member. Babies in diapers are not allowed in the pool.
0. Please do not scratch or deface the cement pool area. All papers, wrappers, and cigarette/cigar butts must be disposed of in the barrels.
P. Please limit noise at the pool area to conversational levels. Please respect the rights and privacy of your fellow condominium owners and their families. No bike racing or speeding down the pool area driveway.
Q. DO NOT give lock combination to anyone. New residents should see a director for the combination.
ENFORCEMENT OF RULES AND REGULATIONS:
Violations of any Rule & Regulation adopted by the Board of Directors, or breach of any of the Bylaws will result in fines to the Unit Owner.
1st offense is a written warning
2nd offense is a $50.00 [me per day plus any incurred Attorney fees if applicable. 3rd offense is a $100.00 fine per day plus any incurred Attorney fees if applicable.
The Board of Directors also advises that in the case of any change and or addition being made to a unit without permission from the Board of Directors in writing, the Board of Directors will order that change or addition be removed and the unit owner will be solely responsible for any fees incurred.
The foregoing was adopted as the Rules and Regulations of MEADOWLARK VILLAGE CONDOMINIUM ASSOCIATION, INC., a Maine Corporation Not for Profit, at a duly called meeting of the Board of Directors at which a quorum was present and voting on the 23rd day of July, 2005.
MEADOWLARK VILLAGE ASSOCIATION, INC.
A Maine Corporation Not For Profit
ATTACHMENT #2: COVID-19 RULES FOR COMMON AREAS
Every pool or tennis court user should comply with the Maine statues, regulations and governmental COVID-19 orders then in effect.
If you or any member of your unit including guests are ill, you should not use the pool or tennis court.
If you or any member of your unit including guests have been exposed to someone who has COVID-19, you should not use the pool or tennis court for 14 days after exposure.
If you have children as part of your unit, consider carefully whether they are capable of maintaining proper social distancing.
If you have any doubts, please err on the side of caution.
Residents and their guests should bring their own chairs down to the pool area and of course bring them back to their unit when they leave as we will not be putting out the MLV pool furniture this season.
To enable social distancing, families that use the pool should attend in groups no larger than 6, with a maximum of 3 such groups at a time, meaning a total maximum capacity of 18 individuals at any one
time. Those of you who use the pool regularly know that it would be very RARE for us to reach that capacity during most summer days.
Be mindful of the time that your group uses the pool area and tennis court. While we are not setting strict limits or sign-up sheets for the pool at this time, it's possible that more residents will want to access the pool throughout the summer given the current situation and the need for social distancing at beaches. Also, even if we are under maximum capacity, we should all realize that some of our residents will be more comfortable using the pool if there are smaller groups at the pool and a smaller overall number of users. By being conscientious of each other, we'll allow for more users to take advantage of the pool.
For the tennis court, please limit singles play to one hour and doubles play to 90 minutes, both for tennis and pickleball. The US Tennis Association has published suggestions on safe tennis play during COVID-19 which you can find at the link below: https://www.usta.com/en/home/stay- current/national/usta-statement-on-safety-of-playing-tennis-during-tbecovid-19-v.html
Groups that use the pool should maintain social distancing from other groups, ideally setting up in the corners of the pool area to allow each group its space.
1a. Individuals should practice social distancing when entering and exiting the
pool itself, so visitors should avoid clustering near the entry steps to the pool.
Anyone using the pool or tennis court should use your own hand sanitizers immediately before touching any common surfaces and wipe down the area that they touch with disinfecting wipes. These surfaces would include, for example, the entrance gate and hand railings.
We will not be able to stock wipes and sanitizers at the pool and tennis court, so please bring your own.
Before accessing the pool or tennis court this season, each unit owner must sign the attached release form. Please return your signed release to Kara-Ann Kuffel via email or the enclosed return envelope or deposit your signed form in the box located near the pool entrance. Extra forms are also available in the box.
CONSTRUCTION RULES
Now therefore the Board, subject to exceptions noted below, passes a formal policy that restricts all construction and renovation from July 1 to Labor Day, inclusive, during the calendar year for all projects requiring municipal permitting, provided that unit owners may apply to the board for waivers (1) for bona fide emergencies requiring immediate action, or (2) work projects that require permitting but involve a relatively short amount of time. (By way of example, changes to an electrical circuit box, and certain plumbing work, do require permitting, but typically are able to be handled over the course of several days
with little or no inconvenience to the community.) During construction, owners must ensure that contractors follow Meadowlark parking rules, and position any dumpsters and temporary toilet facilities in their driveway. Owners will further ensure removal of any outdoor construction materials, dumpsters, and temporary toilet facilities during the construction moratorium period.
ATTACHMENT #3
Meadowlark Village Condominium Association - Pool & Tennis Court
- Waiver, Release and Indemnity
I, the undersigned owner(s), tenant, or guest of the undersigned Unit (all collectively referred to as "I," "Me," or "Owner'') am aware that there is presently a pandemic and both local and national emergency ongoing in relation to the COVID-19 virus (the "Virus"). While the Meadowlark Village Condominium Association (the "Association") believes it has taken prudent and careful measures to promote safe access to the Pool and the Tennis Courts and the areas surrounding same ("P&TC"), including the promulgation of rules ("Rules") for the P&TC - there nonetheless remain factors beyond the Association's control, including the presence of both unit owners and guests who may carry and transmit the virus, or the presence of the virus on surfaces or in the air. This waiver, release, assumption of risk, and indemnity, along with any other representations and covenants set forth herein, are given in consideration for the Association opening the P&TC this season and permitting Me/us and/or my/our children, wards, guests, invitees, and the like (all called "Owner Parties") to use the P&TC.
In addition to the normal and customary risks associated with a pool and a tennis court, I am fully aware that there are a number of risks (both known and unknown) associated with me and/or the Owner Parties entering the P&TC during the COVID- 19 pandemic under the circumstances, including without limitation: Owner and Owner Parties could contract or spread COVID-19 or other related diseases or conditions which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death.
With respect to the Virus, or any condition possibly resulting therefrom, consequence thereof, or possibly related thereto, I, on behalf of myself and the Owner Parties, including our heirs, successors and assigns, knowingly and freely, assume all such risks, both known and unknown, relating to my or my Owner Parties' use of the P&TC, and I hereby forever release, waive, relinquish, and discharge the Association, along with their officers, directors, managers, officials, trustees, agents, employees, or other representatives, and their successors and assigns (collectively, the "Association Representatives"), from any and all claims, demands, liabilities, rights, damages, expenses, and causes of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, made by myself, my successors, assigns, or by third-parties against the Association (collectively, "Damages") as a result of me and/or the Owner Parties using the P&TC, including but not limited to those related to the above described personal Injuries, death, disease or property losses, or any other loss, and including but not limited to claims based on the alleged negligence of any Association Representative or any other person. Further, I specifically waive all subrogation rights for myself and the Owner Parties. Additionally, I promise not to sue the Association or any Association Representative, and do hereby indemnify, defend, and hold them harmless from any and all Damages resulting from my and/or my Owner Parties' use of the P&TC, including the cost related to such indemnity, which include reasonable attorneys' fees.
By signing below I acknowledge and represent that I have read the foregoing, understand it, and sign it voluntarily as my own free act and deed, including without limitation the release of Liability and indemnification requirements contained in this document, that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.
I further understand that my and my Owner Parties' use of the P&TC is conditioned upon execution of this agreement, that I have signed this agreement as an inducement for the Association to open the P&TC this season, and that I and my Owner Parties will follow the Rules.
I further agree that this agreement shall not be construed against the drafter, but rather, shall be treated as an instrument negotiated between me and the Association. I am at least eighteen (18) years of age and fully competent, and to the extent signing for a minor or other person, have full authority to do so; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this agreement shall be governed by and construed in accordance with Maine law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this agreement as a whole.
READ CAREFULLY -- BY SIGNING THIS DOCUMENT YOU MAY GIVE UP IMPORTANT LEGAL RIGHTS. (ALL ADULTS MUST SIGN, AND ALL MINORS MUST BE LISTED)
SIGNATURE
__________________________________
DATE:
__________________________________
Print Name
___________________________________
Unit No:
___________________________________
SIGNATURE
___________________________________
DATE:
___________________________________
Print Name
___________________________________
Unit No:
___________________________________
MINORS/ PARTIES IN CUSTODY OR CARE/ GUESTS:
If any guest, minor child, or person for whom the adult(s) signing above is/are responsible is/are under 18 years old or subject to guardianship, the above-signed adult(s) certify their capacity to waive the rights of the parties listed below.
LIST ALL MINORS/ PARTIES UNDER ADULT CARE.
Name of Minor/Party under care:
Name of Minor/Party under care: Name of Minor/Party under care:
___________________________________________________________________________
Name of Minor/Party under care: Name of Minor/Party under care:
___________________________________________________________________________
Name of Minor/Party under care: Name of Minor/Party under care:
__________________________________________________________________________