Rules & Regulations
MELODY LODGE CABINS
A Unique Colorado Mountain Lodging Experience
RULES AND REGULATIONS
MELODY LODGE CABINS OWNERS ASSOCIATION
March 29, 2007
The Bylaws of the Melody Lodge Cabins Owners Association, Inc. (MLCOA) require that the Executive Board establish, make and enforce such reasonable rules and regulations as may be necessary for the operation, use and occupancy of the cabin property with the right to amend same from time to time.
To create a harmonious and attractive development and to promote and safeguard the health, comfort, safety, convenience and welfare of Cabin Owners and Occupants in the project.
A. Ownership & Occupancy
1. No Cabin shall be used for other than residential purposes.
2. No Cabin shall be partitioned, subdivided or combined with another Unit either by legal process or physical alterations without the prior approval of the Executive Board.
3. No Cabin Owner shall offer to sell any interest in a cabin under a "timesharing" or "interval ownership" plan or any other similar plan.
4. All leases or rental agreements shall be submitted to the Executive Board for compliance with all pertinent Rules and Regulations. A copy of the Rules and Regulations shall be furnished to the tenants with every lease or rental agreement.
5. Long term occupancies of 30 day or more shall be limited to two (2) persons per bedroom. Short-term occupancies (30 days or less) shall be limited to 4 persons per bedroom with a maximum of 28 persons per septic system. To exceed the number of persons per cabin, the owner must acquire permission from the Association Management Company which can permit additional occupancy per cabin but no more than 28 total persons per septic system, if occupancy of other cabins is known and other owners agree and total can be restricted for those dates. This restriction is to protect the limited capacity of the septic and water systems.
6. The Management Company shall be notified by the unit owner of the name, business address and telephone number of any agency, or person acting as a rental agent for that owner, and the duration of the short or long term rental status. The names and telephone numbers of all long term tenants (over 30 days duration) will be provided to the Management Company prior to tenant occupancy of the unit.
7. All units participating in a rental program shall have a copy of the approved Abbreviated House Rules of the Melody Lodge Cabins posted in the unit within 10 feet of the entry door of the unit. .
8. Each owner who rents his/her unit on a short term basis shall insure that their rental agent has each tenant sign a copy of the abbreviated House Rules upon check in, and that a signed copy of the House Rules is kept on file at rental agent's office.
9. Rental agents who utilize a lock box system of key distribution and have no personnel available in the county to handle tenant problems are prohibited from doing business on the property.
10. Occupancy restrictions in the PUD designation shall be adhered to and enforced.
a. Cabin #4 is deed restricted for affordable housing and can be lived in year around.
b. Cabins #1, #2, #3, #5, A, Band C are vacation cabins. Continuous occupancy by any one person is limited to 6 consecutive months and no more than 8 months total in a year.
c. The main level of the Lodge Building can be lived in year around and a store can operate in the commercial area. The upstairs is deed restricted for an affordable housing rental unit.
B. Health, Safety & Quiet Enjoyment
1. No use or practice shall be allowed which is the source of annoyance to occupants or which interferes with the peaceful enjoyment or possession and proper use of the property by other occupants.
2. No fireworks of any kind shall be carried, stored, displayed or exploded on or over the property or adjacent properties.
3. No fire hazard, unsightly object or nuisance shall be placed, erected, constructed or permitted within the cabin property, nor shall any Unit Owner or Occupant endanger the health or safety of any person or interfere with the peaceful possession and quiet enjoyment of any other Unit Owner or Occupant.
4. The Association assumes no liability for, nor shall it be liable for, any loss or damage to articles left in/on any common area. The Association assumes no liability for, nor shall it be liable for, for any injuries incurred while using the playground or hot tub.
5. Quiet time will be between the hours of 10 P.M. and 7 A.M. daily.
6. No noxious or offensive activity shall be conducted in any cabin or public area nor shall anything be done or placed on any lot or property, which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others.
7. No lights or sounds shall be emitted from any cabin that is unreasonably bright, loud or annoying.
8. No odor shall be emitted from any lot that is noxious or unreasonably offensive to other Owners.
9. Any damage to the Association common property caused by owners, their family members, guests or renters will be repaired at the expense of the offending responsible homeowner.
C. Use of Dumpster
1. Dumpsters are provided for the disposal of normal household waste. Use of the dumpster for the disposal of bulky, hazardous or toxic materials, including, but not limited to, construction debris, paint, flammable liquids, furniture, appliances, carpet, carpet pad and tires is prohibited.
2. Waste not suitable for dumpster disposal, accumulations of refuse and other unsightly Objects or materials shall not be placed, kept or allowed to remain within the property and shall be removed expeditiously at the owner's expense.
3. Melody Lodge Cabins trash dumpsters are for the exclusive use of the residents of Melody Lodge Cabins. (Unauthorized users should be reported to the manager)
4. All items to be discarded must be placed inside the dumpster and not left beside or around the dumpster. Items too large for the dumpster must be either broken down to fit into the dumpster, or discarded by other proper means.
5. Items left beside or around the dumpster will be charged to the owner for any extra disposal cost, in addition to the violation fine.
D. Storage on Porches and Decks
1. One Gas barbecue grill or a Charcoal grill is allowed.
2. Firewood and firewood accessories are allowed on porches of Cabins A and B only.
3. Bicycles are allowed
4. Shovels permitted in winter only.
5. Any other items stored on porch or deck must be approved by Executive Board.
6. All items and storage must be kept orderly.
7. The United States flag may be displayed from the decks or the front entry.
8. Outdoor ("patio") or lawn furniture, bird feeders, coolers and decorative items compatible with the design and style of the cabin property may be placed and kept outside the Unit without the prior approval of the Executive Board. Interior furniture is not allowed.
9. No clothing, swimsuits, towels, laundry or unsightly items shall be placed, hung or kept on porches, decks, railings or any other location visible from outside the Unit.
E. Additional Indoor Storage
1. Additional storage areas will be made available in the basement level of the duplex - Unit #6 - for the owners of Cabins #1-5. Prior to construction of the individual storage units, owners may store items in the open space.
2. Additional storage will be available for Cabins A, B and C in the shed behind Cabin B.
F. Exterior appearances
1. Sheets, blankets, bedspreads, towels and similar materials shall not be used for window coverings.
2. The use of the common areas is for the enjoyment of all the Owners. Storage or erection of any items is prohibited on the common areas of the Association. The association will remove any items left in these areas for periods exceeding 24 hours. Notification of disposal to Owner will not be necessary.
3. No sign, billboard, poster board or advertising structure of any kind, except for signs for the sale, rental or leasing of any Unit, shall be placed, erected, displayed or maintained anywhere within the property, including on the decks, porches, windows and exterior walls of individual Units except the store/commercial area and entrance on the east side of the property.
4. No enclosure, structure, outbuilding or facility of any kind, including, but not limited to, fences, barriers, animal pens, posts, poles, clotheslines, mailboxes, ditches, trenches, driveways, walkways, stairs, playhouses and sheds, shall be placed, erected, constructed or maintained by any Cabin Owner or Occupant within the property without the prior approval of the Executive Board.
a. Storage sheds will be allowed for cabins #3, #4 and #5, no larger than 10' x 10' and placed no farther than 5' from back of cabin.
b. Fencing will be restricted to 4' in height, will not be allowed in front of cabins and placement and construction must be approved by Executive Board.
5. No tree, shrub, bush, other vegetation or landscaping element shall be cut, trimmed, pruned, removed, relocated or otherwise disturbed, nor shall any surface contour be graded, regraded, altered or otherwise disturbed, without the prior approval of the Executive Board.
G. Barbeque Grills Restriction
1. The use of barbeque grills is prohibited within 10 feet of combustible construction by the local fire department under 2000 IFC Section 307.5. The Fire District will allow an exception to allow gas fueled grills under the following conditions:
2. No cooking appliances other than approved gas appliances (grills) shall be used or stored on decks or porches within 10 feet of combustible construction. The foregoing regulations have been adopted to comply with Fire Department Regulations. In the event an Owner or occupant of a Unit fails to promptly remedy any violation of these regulations, the manager may remove and dispose of such unauthorized cooking appliance. The costs of removal, including any damage and repair, shall be assessed to the Unit Owner.
H. Firewood Storage Regulations
1. Firewood storage is only permitted for Cabins A, B and the lodge building.
2. No more than one cord of firewood (a cord of wood is equal to a stack 4 feet high x 4 feet wide x 8 feet long) shall be stored on the exterior portion of any Unit without the written approval of the management.
3. An unobstructed 32-inch wide path of egress must be maintained out of all exits
4. Owners shall not store firewood on any portion of the Common Areas.
5. Treated lumber or building materials of any type shall not be used for fueling fireplaces.
6. Lodge Building owner may store multiple cords of firewood in designated firewood storage area adjacent to the garage.
I. Mailbox and Mail Delivery
1. Cabin owners only may have mail delivered to the property. (Renters must make other arrangements for receiving mail)
2. To receive mail delivery Owner may erect a standard mail box on east side of Heeney Road 30 with other mail box(es).
J. Road/Driveway Accesses
1. County Rd 1602 is not a county maintained road. It is a through road for emergency purposes only. Except in the event of an emergency and access necessary for emergency type vehicles, the road is required to remain blocked at the northern junction to Heeney Road.
2. The drive way on the east side of Heeney Road is not a through road and is not public access to adjacent Forest Service land. Only Cabin Owners and tenants may drive through the gate on to public land. All others are restricted from entering or exiting the public land through the gate and driveway.
K. Propane tanks
1. Meters are included on each unit. MLCOA will read the meters monthly and bill each owner for their propane usuage. Propane delivery will be in name of MLCOA and will be set up on a "keep fill basis" for all 3 tanks on the property. Annually Management will negotiate the best available terms with the propane company. Owners are not allowed to place their own tank without approval of the Association. revised 3/2009
L. Vehicles & Parking
1. Parking on the property is limited by covenant and by zoning regulations. Outdoor parking is limited to two vehicles per one bedroom cabin and three vehicles per two-bedroom cabin.
2. Parking areas are for vehicles owned by the unit owner or renters and are limited to passenger automobiles and non-commercial pickup trucks up to ¾-ton capacity.
3. Parking of trucks over 3/4 ton, campers, motorhomes, RV's, boats, motorcycles, A TV's, trailers and of all types and snowmobiles are prohibited without permission of Management. Those vehicles, with permission, will be parked in areas designated by Management.
4. The following vehicles will be towed away immediately, without notice, at the vehicle owner's expense:
a. Vehicles that are inoperative or not properly licensed.
b. Vehicles obstructing traffic, snow removal or trash collection.
c. Vehicles obstructing access to another Unit's parking spaces.
d. Vehicles parked in posted "DO NOT BLOCK" zones and by propane tanks.
e. Vehicles parked in landscaped areas and in septic and leach field areas.
5. Any vehicles not registered to cabin owners parked in one spot and not moved for 48 hours will be tagged. If not moved within twenty-four (24) hours after being tagged, the vehicle will be presumed to be abandoned and will be towed away at the vehicle owner's expense.
6. Inoperable or abandoned vehicles shall not be stored on the property. Any vehicle left in the same location in excess of 14 days will be considered abandoned and tagged with a notice to remove the vehicle within 72 hours. Owners planning on leaving cars on property while away for more than 3 days shall notify the Management Company of license number of their car and return date to exempt car from abandoned status of this paragraph. Owners and Renters may request a waiver to this rule, and, with good cause, a written waiver will be issued for placement on the dashboard of the vehicle during a specified period of time.
7. No long-term parking of vehicles for periods of more than 72 hours (without being moved) shall be permitted without the written consent of the manager.
8. During winter periods (November 1 through April 30) vehicles must be moved following a snowfall to allow for plowing. Owners of vehicles must be
1. Subject to the terms hereof, only Owners of units within the Property and members of their immediate family (sons, daughters, brothers, sisters, mothers and fathers) shall be permitted to allow their pets to be left unattended in the cabins. No more than 2 pets may be kept in a cabin. All short-term guests may have up to two dogs in a cabin but must remove the pet whenever they leave.
2. The pet owner shall pick up all pet refuse and waste immediately. Pet Owners shall be responsible for picking up all pet refuse and waste after their animals. In the event an Owner fails to do so, the manager will do so and will bill the Owner for such clean-up costs.
3. No pets owned by persons other than Owners, nor any wild animal, reptile or bird may be trapped, transported, kept or maintained anywhere upon the property. Breeding of pets on the Property is specifically prohibited. No pets may be kept, bred or maintained for commercial purposes.
4. Owners having animals assume full responsibility for personal injury or property damage caused by the pet.
5. No animal shall be left outside on Melody Lodge Cabins property, on a front porch or on a deck unattended at any time. No doghouses or kennels shall be located on front decks or porches.
6. Pets shall not be leashed to the exterior of Cabins or the grounds. Dogs must be on leash when in common elements of the property. Cats are not allowed outside on any part of the property.
7. Pets shall at all times be under the strict control of a responsible party, by confinement or by leash.
8. Pets must not be allowed to annoy other owners, endanger the health or safety of any person or animal or occupants or disturb the peace of any other person by habitual barking, howling, yelping, or whining or being obnoxious in any other way. The Executive Board may adopt rules and regulations restricting pets, which are noisy or nuisances.
9. Damage to any landscaping, Common Element or Unit caused by any pet shall be repaired at the pet owner's expense.
N. Structural Alterations
1. No structural alteration to any General or Limited Common Element, including, but not limited to, the removal or relocation of any interior wall or the construction, reconstruction, replacement, removal or addition of any window, door, wall, deck, porch, railing, awning or light fixture visible from outside the Unit may be made without the prior approval of the Executive Board, except that windows, doors, railings and light fixtures may be replaced with identical items without prior approval. All alterations shall comply with the PUD Designation.
2. Any Cabin owner desiring to make any exterior alterations shall submit plans and specifications to the Executive Board showing the nature, kind, shape, height, materials and location of the proposed alteration(s) in sufficient detail so that the Board may make an informed decision. Any reasonable costs incurred by the Board in making such decision shall be assessed to the applicant. The Executive Board must approve all exterior alterations and all exterior alterations must also be submitted to Summit County Planning for approval. All exterior alterations must meet requirements of PUD Designation.
3. Trades people, workers or contractors hired to perform work within the General and Limited common areas of the property shall be licensed and insured pursuant to Summit county building codes and other applicable regulations.
N. Enforcement & Penalties
1. 1.The management company is authorized to enforce the foregoing provisions.
2. Pet Regulation enforcement
a. Upon a first violation of any one or more of the Pet Regulations, the manager shall issue a warning letter to the pet owner and, if applicable, to the Cabin Owner. The letter will describe the nature of the violation, the date, and if applicable, the manner and time for correction.
b. Upon a subsequent violation or the failure to remedy a previous pet violation, the Association may correct the violation by
(1) Correct the violation and assess the costs against the Unit owner,
(2) Assess a fine against the Cabin Owner in the amount of $10.00 per day for each day a violation continues or exists, or
(3) Abate or enjoin such violation or the continuance thereof by appropriate legal proceedings and/or
(4) Revoke the Association's consent to keep pet or pets on the Properties and, in such event, the pet or pets shall be promptly removed.
3. All fines and damages assessed by the Association together with all costs and attorney's fees incurred by reason of any violation of these regulations shall be a special expense, which shall be deemed a special assessment against the Unit and collectable in the manner provided in the Covenants.
4. Cabin Owners shall be responsible for compliance with these regulations by tenants, guests, and occupants of their Cabin; however, the manager shall use reasonable efforts to notify Owners of violations by occupants of their unit. Violations by renters will be assessed against the owner. Cabin Owners shall be responsible to inform all Occupants, trades people, contractors and workers of the contents of these Rules and Regulations. A copy of these regulations shall be given to all long-term renters. Owners and tenants must submit a signed Rental Agreement Compliance Notification form to the Executive Board prior to commencement date for all rentals exceeding thirty (30) consecutive days.
5. The Executive Board adopts the schedule of charges set forth below for violation of these Rules and Regulations, the Bylaws or the Declarations. All fees, charges, and penalties imposed by the Board and costs and attorney fees incurred by the Association in enforcing the Rules and Regulations shall be considered assessments enforceable against Cabins and Cabin Owners pursuant to the Rules and Regulations and the Bylaws and the Declaration of Covenants, Conditions, Restrictions of Melody Lodge Cabins, a Planned Unit Development. Each day that a violation continues after notice shall be considered a separate violation.
a. First Violation: A written warning notice
b. Second Offense: $25.00 Assessment
c. Third Offense: $50.00 Assessment
d. Fourth and Each Following Offense: $100 Assessment per day until violation is corrected.
6. In the event an Owner disputes the existence of any violation, the method of enforcement, or the assessment of any fine or damages, they may appeal such action in writing to the Board of Directors, which will have the authority to review the same. The Board of Directors, in the exercise of reasonable, good faith discretion, may waive or abate any fine or damage or modify any order for corrective action.
7. The Executive Board shall have the authority to take any remedial action it deems appropriate in the event of a violation of these Rules and Regulations, the Bylaws or the Declaration including assessment of charges and penalties, the filing of a lien, the filing of an action injunction or money judgment, or filing of a suit for unlawful detainer.
Adoption & Amendment
The Executive Board of the Melody Lodge Cabins Owners Association duly adopted these Rules and Regulations. Any existing procedure may be amended or new procedure may be adopted by a vote of the Board of Directors at any scheduled Board meeting after being drafted and submitted to the Membership.
Dale Mitchener Debra Gregory-Mitchener