Birchbrook Manor Condominiums RULES AND REGULATIONS
Owners, Resident Renters, And Guests,
Birchbrook Manor Condominium Association has adopted the following rules to help maximize enjoyment, maintain values, and assure the continued aesthetic beauty of our community. The Rules apply to all owners and their families, resident renters, and guests. The rules are automatically a part of each lease (even if they are not attached). Each owner is required to provide a copy of this document to his tenants and ensure that they understand and abide by them. Homeowners are responsible for the actions or their tenants, visitors and guests while on site. The last page of this document is a form for new residents to complete. This form provides the association with information required by the Texas Uniform Condo. Act, Sec. 82.l 14(e) (3).
Click HERE to see a PDF of the Rules & Regulations.
Additional FAQs can be found HERE.
Please direct complaints, rule violations, or common area repair requests to the Managing Agent by submitting a request via TownSq.
HOW TO REPORT A VIOLATION:
If you should observe a violation of these policies or any law or ordinance, you have the following avenues available to resolve the problem. Please use whichever one is most appropriate for the situation.
- Speak to the person violating the rule. They may not know that they are in violation until you tell them.
- Provide a written complaint to the managing agent. The managing agent will then respond to the reported violation. (Log into TownSq and submit a REQUEST.)
- Call the Dallas Help phone number, 311. The City of Dallas will enforce most violations of the City code involving pets, fire safety and most other city ordinances.
- Call 911. Use this approach to report crimes, disturbing-the-peace complaints or any violation that could become an immediate health or safety hazard
There should be no more than one attached electrical cord at each outlet. Even though all wiring has been inspected and copper 'pigtails' added for safety, residents should still be alert to 'trouble signs' such as switch or outlet plates warm to the touch, smoke or sparks or the smell of burning plastic at any outlet, lights that flicker and power outlets that do not function. It is important that no circuits are overloaded.
Any area outside of a dwelling's four walls is classified as a Common Element. Common Elements are not the private property of any one owner. Common Elements and rules for their use are under the sole provision of the condominium association acting through the Board of Directors. They may not be used in any way that violates the association's rules, regulations or governing documents.
Neither the Association nor the Association's Managing Agent provides or warrants security. Each owner, resident renter, and occupant is responsible for his own security and safety. Resident owners are strongly encouraged to install (a) keyless deadbolts on all entry doors, (b) keyed deadbolts on all entry doors, ( c) pinlocks on all sliding glass doors, ( d) charlie bars on all sliding glass doors. Consult the Managing Agent regarding your statutory security device obligations as a landlord when renting your unit. The Texas Security Device Statute mandates the use of these items in rental property. Owners and resident renters are requested to report common area lighting problems or hazardous conditions immediately to the Managing Agent. The Association checks exterior lighting on a regular basis, but also relies on unit owners and residents to notify the Managing Agent when lights are burned out or insufficient in some manner.
Each owner is required to install a battery or electric-powered smoke detector in the unit and maintain it in accordance with state law. The owner must ensure that the batteries, if required, are working at all times.
The Association provides monthly pest control inside and outside homes on site. Contact the Managing Agent for information on arranging service in your home. (Visit the FAQ page for more information.) The Homeowner' s Association provides termite control for the common elements, and the exterior of the property is checked each year for termites.
OCCUPANCY AND USE OF DWELLINGS
Each dwelling shall be used exclusively for long-term residential purposes. The association observes and enforces city ordinances as if they were association rules. In almost all cases the maximum occupancy of two-bedroom homes is four people. Violation of this rule may result in sanctions as described later in this document and may result in a complaint to the local fair housing authority.
Access to Common Areas - There shall be no obstruction of the Common Elements. This includes a prohibition on anything - plants, furniture or packages, for example - that may obstruct porches, sidewalks, entrances, and passages.
MODIFICATION OF COMMON AREAS
Nothing may be altered, constructed or removed from the Common Elements without prior written approval from the Board of Directors. This includes modifications to patio or balconies. Do not assume that because you know of some structural change that has been approved by the Board for another owner that you can make the same change without Board approval. Written requests should be explicit and sketches and diagrams should be included if they help explain the details of your proposal. Storm doors and windows may be installed at the owner's expense, but must conform to those already installed and must have the Board's approval before installation. (Visit the Architectural Modifications Page for more info.)
The use of barbecue grills on a balcony or porch is expressly prohibited. Barbecue grills may not be used any closer than 10 feet from any building or overhang. Storage of kerosene, gasoline or any inflammable or explosive agent anywhere on site ( except for fuel allowed in vehicle fuel tanks) is prohibited.
Unless installed by the association, no outside lighting or loudspeakers or other sound-producing devices may be used. Nothing may be done, in any part of the property, which, in the judgment of the Board, may be considered noxious, offensive activity or may become an unreasonable annoyance or nuisance to the other residents. Residents shall exercise extreme care about making noise, using musical instruments, stereos, etc; that may disturb other residents from their units, clubhouse, or pool area.
BALCONIES AND PATIOS
Balconies, patios, and open terraces are not to be used for storage. Each resident is required to keep the balcony and the interior of the patio, which have been assigned to his unit in a clean and sanitary condition. Items normally found there, such as outdoor furniture and moderate numbers of plants, are permitted on patios and balconies. It is prohibited to hang garments, rugs, etc., from balconies, windows, or from anywhere in the common areas. Outdoor carpet or any other permanent or semi-permanent flooring is prohibited from all second floor balconies and landings unless approved in writing in advance by the Board of Administration.
All windows must be covered by white, ivory, or off-white blinds, drapes, or drapery linings that are in good repair and properly installed. Foil, decals, hangings, or items that are considered objectionable in the reasonable judgment of the Board of Directors may not be visible from any window or sliding glass door. The exception would be those decals that signify an electronic entry alarm system or notices to fire and rescue personnel.
All signs (for example "For Sale" or For Rent") are absolutely prohibited and may not be exhibited anywhere on the property, including from the interiors of the units.
Antennas - No exterior television antennas, satellite dishes, radio transmitting or receiving devices shall be erected, placed or maintained anywhere on the property except those installed for the use of all owners by authority of the Board of Directors, or as agreed to in writing by the Board of Directors. Owners requesting permission for installation of cabling and satellite dishes must abide by the requirements established by the association. These requirements will include that the homeowner install the equipment as specified by the association and that he assume all responsibility for injury or damage resulting from the installation, maintenance· and subsequent removal of the equipment and cabling.
Birchbrook Manor Condominium Association insurance policies are not intended to cover residents' possessions or personal liability. Each resident (whether owner or tenant) is responsible for obtaining his or her own property and liability insurance. Readily available 'Homeowners' or 'Renters' insurance policies provide coverage for personal possessions and liability for personal negligence. You are strongly urged to obtain your own coverage.
The Board of Directors has the exclusive right to designate the type, size and location of mailboxes. Owners are responsible for their individual mailbox door and lock.
Each owner shall be strictly liable for any repair of or damages to his unit or to adjacent units from most water leaks originating from his home. Failures of plumbing fixtures, aquariums, waterbeds, and water furniture are examples of common sources of water leaks.
Each owner shall be responsible for promptly repairing leaks in plumbing lines and plumbing fixtures inside his unit. If after verbal or written notice an owner does not make such repairs within 10 days of notice, the association may charge the owner for each day the repairs are not made.
Additionally, residents who allow commodes, faucets or any other water using fixtures to run unnecessarily create a nuisance to adjacent units and burden the Association with unnecessary water usage. Owners of units where this occurs may be billed for water use surcharges and are subject to fines until the fixtures are adequately repaired.
Each owner is responsible for the maintenance and repair of the plumbing fixtures, air conditioning/heating unit, electrical outlets, switches, and breaker boxes that serve his home.
FREEZING WEATHER PROCEDURES
Electric service for vacant units must be provided for heating purposes during the months with freezing temperatures to avoid frozen pipes. Each owner is strictly liable for damages to his unit and to adjacent units or common areas resulting from failure to comply with these rules and with the following Freeze Alert Procedures:
- Have your heating system checked to ensure proper operation.
- Observe weather conditions on a daily basis. Repeated sub-freezing days can lead to frozen pipes.
- Check with the local weather service for accurate information and anticipated freezing conditions.
- Leave your heat on at all times, especially if you are out of town. (A minimum of 68 degrees)
- If the temperature drops to 32 degrees or lower, open all cabinets to bathroom vanities and to kitchen sinks to allow heat to reach the pipes, particularly those on the outside walls, and especially on any walls facing north.
- Open all hot and cold faucets, allowing water to flow in a small, continuous drip. Open your drains so that the sinks do not overflow.
- If you plan to leave town, leave a key with a neighbor and notify the managing agent in writing of advance access arrangements.
- Become familiar with the water shutoff valve locations for your building.
- Off-site owners are responsible for making certain that their units are winter ready.
- Watch for the freeze warning signs at the front entries as reminders.
If your pipes freeze:
- Do not attempt to thaw them with a torch; this is a fire hazard.
- Watch for water seepage from surrounding units. (under doors and from ceilings of downstairs units)
- When a pipe freezes, do not leave your unit unattended; real problems begin when the pipes thaw.
- A plumber cannot do anything for a frozen pipe! Keep your unit warm, the pipes exposed, and wait for them to thaw.
- If a pipe breaks, try to tum off the water from outside of the building and notify the Managing Agent immediately. If you find that the water is turned off to your building, do NOT tum it back on; this may jeopardize your neighbor and increase the damage to your property.
PARKING RULES & REGULATIONS
Violators of these rules are subject to towing of their vehicles in addition to remedies listed herein.
- Each two-bedroom home has two reserved covered parking spaces. You may park in your reserved spaces only.
- Parking spaces shall be used for parking purposes only. Parking spaces may not be used to store or sell vehicles.
- Visitors must park on adjacent city streets.
- No inoperable vehicles (this includes vehicles with expired inspection or registration stickers, expired license plates, flat tires, etc.) shall be parked in any parking space or within the Common Elements in general.
- All vehicles must be parked in a designated parking space and nowhere else on the common areas. Parking in fire lanes is strictly prohibited
- No major repair or major restoration of any vehicle shall be conducted upon any portion of the Common Elements, including all parking spaces. Allowable repairs are only those necessary to enable the vehicle to be removed to an offsite repair facility.
- Trucks over 1 ton, motor homes, trailers, buses and boats are prohibited from the parking lot and Common Elements.
- Vehicles parked in reserved spaces assigned to other residents are subject to immediate tow without warning. Owners or residents may authorize the towing of a vehicle only from their reserved parking space.
TOWING OF VEHICLES
Vehicles in violation of the parking rules maybe removed at the vehicle owner's expense.
- Each owner/tenant has explicit rights to authorize a tow from his or her reserved space only. (The Tow Company will require that they sign a form authorizing the tow.)
- Board Members or Managing Agent (or their designees) ONLY may authorize a tow from a nonreserved (visitor or unassigned) space.
- The Tow Company may patrol the property 24 hours a day. They may be authorized to tow without notice any vehicle found in fire lanes, driveways or any other location on the common elements not designated as a parking space.
- The Tow Company may place a 48 hour warning sticker on any vehicle anywhere on site found to be inoperative, to have a flat tire or to have fraudulent, missing or expired inspection and/or registration stickers. After 48 hours if the vehicle is not brought into compliance or removed from the site, the Tow Company may be authorized by the Board or its Managing Agent to remove the vehicle from the lot without further notice.
Neither the Association nor the Managing Agent shall be liable for any cost associated with towing vehicles parked in violation of these association rules and/or in violation of governmental statutes.
A deposit of $250.00 must be paid to the Management Agent in advance of use, to be returned, provided that the clubhouse has not been damaged and that it is clean after use. The person responsible for its use must be sure all trash is removed and the facility is locked up and left as it was found. In the case of freezing weather this person must ensure that the Freezing Weather Procedures are followed.
The swimming pool cannot be reserved. There is no lifeguard on duty - swim at your own risk. The following rules for the pool must be observed:
- Hours: Sunday thru Thursday 9am to 10pm, Friday thru Saturday 9am to midnight
- Guests are limited to 2 persons per family and must be accompanied at all times.
- All children under 12 must be accompanied by an adult.
- No running or roughhousing.
- Swimwear only, no cutoffs allowed.
- No glass of any type is allowed in the pool or pool area ( except clubhouse).
- No pets or animals allowed in the pool area.
- No littering in the pool area. (Please clean up any mess you make.)
- No swimming with communicable diseases, skin abrasions, sores, etc.
- No abusive language, loud radio, or excessive noise allowed.
- No bicycles, skateboards, frisbees, etc. allowed in pool area.
- No one is to swim alone.
- No swimming during inclement weather or during an electrical storm.
- No diving allowed.
Abiding by these rules will result in a more pleasant recreational environment for all residents. Enforcement therefore is an obligation of all residents.
ANIMALS & PETS
All animals and pets must be kept and maintained in compliance with local ordinances. Each home is limited to no more than two pets. No pet may be over 40lbs. full adult weight.
- All animals and pets in the Common Elements must be attended and must be held on a leash by a person capable of controlling the animal. Pets may not be left unattended in any common area or on an owner's patio/balcony. Unattended animals in the common areas are subject to removal by City of Dallas Aniinal Control at the expense of the pet owner.
- The condominium owner and the owner's resident renters and guests shall be responsible for immediate removal and disposal of pet defecation from common areas.
- Pets that make excessive noise may be deemed a nuisance by the Board.
- Condominium unit owners shall be liable for damage caused to common elements by pets of the owner, owner's resident renters, or guests.
- Pets deemed a nuisance by the Board are subject to permanent removal from the property
No soliciting is permitted on any part of the grounds. Residents are encouraged to call 911 when solicitors are encountered. It is permissible to place small (no larger than 8" strip) signs saying, "NO SOLICITING" on entrance doors and windows.
WASHING MACHINE POLICY
Birchbrook Manor Condominiums was built without provision for adequate drainage facilities for in-home clothes washing machines. The wiring was installed without provision for high demand electric clothes dryers. Any owner wishing to install clothes washing equipment (washer/dryer) must request permission of the Board and receive written approval prior to installing a washing machine or dryer in the unit.
As part of the permission given by the association the homeowner must have the necessary plumbing alterations made by a licensed plumber, and the necessary electrical wiring done by a licensed electrician. In order to reduce demand on utilities, all equipment installed must be Energy Star compliant. Further the owner agrees, by virtue of his request and the association's written approval, to accept all responsibility and liability for damages resulting from the installation and operation of the equipment installed - including water leaks and overflows that may occur due in full or part to the installation and/or use of the equipment.
TAA CONDOMINIUM LEASE FORMS
The Board recommends that all unit owners who lease their units use the latest Texas Apartment Association Condominium Lease forms. A copy of these Association rules must be attached to and made a part of any lease agreement entered into or renewed after the effective date of these amended rules.
NEW RESIDENT INFORMATION FORM
Pursuant to the Texas Uniform Condominium Act, Sec. 82.114 (e) (3) each owner is required to complete and return to the association a New Resident Information Form each time a new occupant occupies their condominium. A copy of the form can be found HERE.
Note: Occupants are required to sign the form. By doing so they are indicating that they have received a copy of the association's Rules and Regulations and agree to abide by them.
LATE CHARGES / COLLECTION POLICY
- Homeowners' monthly assessments are due on the first day of each month, and are late if payment is not received by the 21st day of the month due. Assessments not received by the deadline will incur a late charge of $ 25.00 per month. A statement of account will be sent advising the owner of the delinquent dues and late fees on the 22nd of the month or soon thereafter.
- If monthly assessments are not received two months in a row by the 21st day of the second month, another notice will be issued. The owner will have 10 days from the date of the notice to pay the full amount due, or the account may be forwarded to an attorney for collection. The owner is hereby advised that any collection costs incurred by the association or its attorney will be charged to the owner's account.
- If the account remains unpaid after the 10-day period specified above and the account is forwarded to the Association Attorney, he will issue a demand letter. This demand letter is the first step towards initiating non-judicial foreclosure action against the homeowner.
- If the delinquency is not paid within 30 days from the date the demand letter is mailed, the Association Attorney may pursue the right to non-judicial foreclosure as provided for in the Texas Uniform Condominium Act.
- All attorney's fees, collection costs and other expenses incurred by the Association in recovery of unpaid assessments are the sole responsibility of the owner whose failure to make timely payment of assessments/dues necessitated the Association incurring such fees, costs and expenses.
- A $25.00 charge will be made for any check returned unpaid from the bank for any reason.
- All funds received from an owner will be applied on the books of the Association in the following order:
a) All attorney's fees.
b) All collection costs.
c) All other collection expenses incurred by the Association, whether or not the expense pertains directly to collection of assessments.
d) All late charges.
e) All fines or penalties.
f) All unpaid special assessments.
g) All unpaid regular assessments.
- All funds received from an owner will be applied on the books of the Association in the following order:
SALE OR CHANGE OF OWNERSHIP OR ADDRESS
Each unit owner is responsible for giving written notice as required by the Association's Bylaws to the Managing Agent of (a) any impending change of ownership and (b) any changes in the owner's mailing address for notification purposes. Each owner is responsible for the payment of regular assessments on his unit without the necessity of notice or demand from the Association.
The Annual Homeowner' s Meeting is normally held the third Tuesday of November every year. Notices announcing the meeting will be mailed to each owner.
The Board of Administration normally holds a monthly meeting in the Clubhouse. Please contact the Managing Agent for the date and time. The Managing Agent prepares an agenda for each meeting. Homeowners are welcome to attend the open and nonconfidential part of the meeting. However, if you wish to bring up a specific subject for discussion or action, you must request in writing for the matter to be added to the agenda at least 5 days prior to the meeting date. The above applies to the Annual Homeowners meeting as well as the monthly Board meetings.
SOURCES OF BOARD POWERS TO SET RULES AND ENFORCE SANCTIONS
State Law, the property's Enabling Declaration and By-laws provide for rules, and give the Board of Directors the power to set rules, regulations, and sanctions. When conflicts arise, the provisions of State law and the Declaration normally have precedence. Any Owner (or their tenant) determined by judicial or non-judicial action to have violated said rules and regulations shall be liable to the Association for all damages and costs, including attorney's fees. All rules of the Board are effective immediately unless otherwise stated herein.
REMEDIES FOR VIOLATION AND RIGHT TO APPEAL
Owners are deemed responsible for the actions of their tenants and visitors. Owners of units in which tenants, guests or visitors are shown to be responsible for violations of these rules and regulations are subject to sanctions ranging from verbal warnings, written warnings, fines and police citations. Tenants may also be subject to eviction for repeated violation.
- Written or verbal notices of violation may be given by management or a Board member. If a minor infraction is repeated, or a serious violation occurs, the owner of the unit responsible is subject to a written notice of violation and a fine of at least $25 but not more than $200
- After a written notice of violation, the owner has the right to appeal within 30 days of the date on the notice of violation. All appeals must be in writing, and sent to the Board of Directors - Birchbrook Manor Condominiums, care of the managing agent.
- After an appeal is received, the owner will be invited to a hearing before the Board at the next regularly scheduled Board meeting.
- Should an appeal be heard, the Board will issue its written decision within 30 days after the hearing. Board decisions are final.
- If the owner does not request a hearing within 30 days, the matter is considered closed. Any fines issued must be paid within 60 days of the original notice of violation.
- Failure to pay fines may result in further fines and penalties. Owners who do not pay fines are subject to sanctions per the Enabling Declaration and By-laws of the Birchbrook Manor Condominiums.
ENCLOSED COMMON AREA - NO SMOKING POLICY
Addendum I - Effective March 18, 2002.
Due to the health concerns of many of the older residents, the enclosed common areas may not be used as smoking areas. Smoking is not permitted in the following enclosed common areas: Hallways, mail areas, interior staircases.
ADVERTISING ON SITE
Addendum I - Effective 8/19/03
Sales or Lease Signs are not permitted on the common areas. A display case has been installed on site for owners to list their Birchbrook Manor Condominium for lease or sale. The display case is located in the breezeway of 5819 Birchbrook Drive. The rules for use are:
- The listing can be no bigger than an 8.5 x 11 piece of paper folded in half. (8.5 x 5.5)
- The listing must be dated on the upper right corner with the date it was posted.
- Undated listings or listings for anything other than sales or leasing at Birchbrook Manor will be removed without notice.
- The listing can be on any color paper.
- The listing must state either For Sale or For Lease and contain any other pertinent details regarding the offering.
- All listings will be removed after 30 days.
DAMAGE REIMBURSEMENT POLICY
Approved by the Board of Directors on March 21, 2005.
In situations in which failures in common area utilities or structures, such as weather related leaks in siding, external wall or the roof result in damage to internal walls or contents of a home, the Board of Directors will consider reimbursement to individual homeowners.
The reimbursement will be for their insurance policy's reasonable deductible up to $250.00. The owner must take the following steps before reimbursement is made:
- The leak/damage must be reported to the Association's managing agent within 7 days of the damage's occurrence.
- Proof of damages must be provided if the homeowner is to request reimbursement. Photographs or inspections by a Board member or the managing agent are sufficient.
- The Association will make efforts to fix the external leak or other problem once reported.
- If regarding a leak, the homeowner must provide evidence of the assumed success of the external leak repair before reimbursement is considered. Evidence can be in the form of a statement from tlie homeowner that: "no signs of leaking or dampness in the affected area after the next heavy rainfall from the same direction were noted".
- Homeowners should not make internal repairs for which reimbursement is requested until the evidence cited above is provided. Should a homeowner make repairs to internal surfaces prior to the presumed success of external repairs as noted in #3, the Board may not honor their claim for compensation, or may not accept future claims regarding the same area of damage.
- Should this policy be superseded by provisions of Texas State Law, of the Association's Declaration, or of its Bylaws, the conflicting provisions in those sources of law take precedence over this policy in the order they are shown here.
This policy of reimbursement does not extend to leaks within window or window frames. See the Declaration, Bylaws and other policies (if any) regarding windows and repair and replacement.