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5000 Estate Coakley Bay

Christiansted, VI 00820-4598

 
  
 

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Rules & Regs

 

 

COAKLEY BAY RULES AND REGULATIONS
2008 Revision

 TABLE OF CONTENTS

(Full Text Below - Click on Main Heading to Jump to Section)

1. APPEARANCE

(a) Exterior window treatments
(b) Exterior antennae
(c) Interior window dressings
(d) Galleries
(e) Walkways, stairways and entrances
(f) Security Grates
(g) Privacy Screens

2. DESIGN STANDARDS

(a) Entryway Tiles:
(b) Security Grates

3. UNIT ALTERATIONS

(a) Construction & Alterations
(b) Beginning of work
(c) Hours of Work
(d) Start and finish dates
(e) Use of Outside of Unit
(f) Debris
(g) Liability for Alterations
(h) Electrical and plumbing alterations
(i) Applications for installation of washers and dryers
(j) Air conditioning units which vent onto a gallery

4. ANNOYANCES AND SUCH

(a) Sweeping, watering plants or mopping
(b) Noise Levels and Quiet Times
(c) Maximum Number of Occupants
(d) Roofs

5. TOILETS, BATHROOM, KITCHEN DRAINS & WASTE WATER

(a) Two Separate Water Systems. 
(b) Water treatment system
(c) Use of kitchen disposals
(d) Use of Fresh Water in Toilets
(e) Water Meters

6. PETS

(a) One pet
(b) Pet Rules

7. MOTOR VEHICLES

(a) Parking Generally
(b) Building "A" Parking Area Restricted
(c) Parking for Two Vehicles
(d) Vehicles left at Coakley Bay while owners are off-island

8. ENTRY KEYS

(a) Manager Provided with Keys
(b) Assessment for Not Providing Keys
(c) Key only given to Owner(s)

9. MAILBOXES

(a) Generally
(b) Dealings with USPS
(c) Staff cannot handle keys
(d) Receiving oversize or signature needed

10. RENTALS

(a) Forms for both short term and long term rentals
(b) The information to be furnished to the Manager
--1. Name of the renter.
--2. Cell or other local phone number and email address of the renter.
--3. The name, address and phone number of the rental agent or person responsible for communications with the renter
--4. Number of persons occupying the unit.
--5. Dates of the rental, and
--6. A certification by the owner stating:
-----(i) That the renter has received a copy of the Tenant Rules and Regulations--available on the website
-----(ii) That the renter is able and willing to abide by the Tenant Rules and Regulations.
(c) Additional for Long-term Renters (more than 30 days)
(d) Emergency contacts
(e) Owner responsible for renters regardless of agent

11. HURRICANE SHUTTERS AND PREPARATIONS

(a) Occupied units
(b) Units unoccupied and unattended
(c) Units unoccupied but under the continuous care of someone on island
(d) Unoccupied units with open hurricane shutters

12. LAUNDRY FACILITIES

(a) Tokens

13. POOL

(a) Hours
(b) Use
(c) Non-swimmers
(d) Children under 12
(e) Toddlers in diapers
(f) Earphones only
(g) Masks, snorkels, and individual rafts
(h) No running or throwing
(i) Glass containers prohibited
(j) Bicycles, skates, and skateboards
(k) Only proper bathing attire

14. STORAGE SPACES

(a) All structures are a part of the common properties.
(b) Requests
(c) Maximum of one storage space per unit
(d) Manager to have keys
(e) Waiting list
(f) First come first serve
(g) On Sale of Unit
(h) Usage
(i) A fee will be charged
(j) Usage agreement

15. GENERATORS

(a) One generator per unit
(b) Maximum noise level
(c) Hours
(d) Only one fuel container
(e) Generators must be adequately muffled
(f) Transfer switches
(g) Battery Back-Up

16. RELATIONS WITH THE STAFF

(a) Generally
--1. Staff working hours
--2. No owner supervision
--3. Manager proper official for comments
--4. Owners may engage employees after working hours - Responsibility
--5. Work by on-duty staff

17. INTERPRETATION & ENFORCEMENT

(a) Generally
--1. For non-immediate problems or complaints.
--2. For immediate problems or complaints [To begin July 2009]
------ i.  Sample of Form for Immediate Complaints
(b) Disputes
(c) Fines

Addendum Regarding Hot Water Heaters

Fiscal Policies rules (HANDBOOK)

Ethics Policies

 

Click Here to Download these Rules as an Adobe Acrobat PDF file

Click Here to Download these Rules as a Microsoft WORD file

Click Here to Download the Fiscal Policy Section of the Rules & Regs As PDF

 

 

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COAKLEY BAY RULES AND REGULATIONS
2008 Revision

The following Rules and Regulations have been written and approved by the Coakley Bay Board of Directors. They will be administered by the Manager and enforced, when necessary, by the Board and its "Owners' Committee." Please help our community and yourself by becoming familiar with these rules and doing your best to comply with them.

1. APPEARANCE

It is important that a pleasant, uniform appearance be maintained for the complex as a whole.
Therefore, certain reasonable restrictions need to be placed on what we may and may not do with the galleries and exteriors of our units. Accordingly:

a) Exterior window treatments of any kind are prohibited, with the sole exception of hurricane shutters. Hurricane shutters of the same type and style as those installed on the galleries may be installed on side and rear windows.

(b) Exterior antennae/dishes of any kind not consistent with the provisions of Section 207 of the Telecommunications Act of 1996 are prohibited. Additional information regarding Section 207 can be found at: http://www.fcc.gov/mb /facts/otard.html [NOTE: Amended to allow a DirectTV or DishTV-type dish of less that 50" per building to be afixed and shared by all owners. The cost also to be shared between users.]

(c) Interior window dressings, which are visible from outside the unit, must be appropriate.  Considered inappropriate would be the use of bed sheets, blankets, towels, etc. -- things that tend to demean the appearance of the building.

(d) Galleries. Only appropriate furniture, plants and decorative items may be kept on the galleries.

1. Laundry or kitchen appliances and other obtrusive items are prohibited

2. Only Gas Grills are permitted. (The ashes or coals from charcoal grills are apt to be blown about by our brisk trade winds.)

3. Gallery railings are not to be used for the hanging or drying of towels, clothes and the like. Portable drying racks no more than 4 feet in height may be used; permanent clotheslines are prohibited.

(e) Walkways, stairways and entrances:

1. Shall not be used for the storage of personal property.

2. Shall not be painted, tiled or altered in any way without the written permission of the Board of Directors.

3. Any alteration or replacement requires the written approval of the Board of
Directors.

(f) Security Grates:

1. Security Grating shall be used only on windows at ground level and those, which open directly onto walkways or entryways.

2. Owners wishing to replace existing Security Grates or to add new Grates may do so only with the written approval of the Board of Directors. Requests should be submitted in writing; each request should include a drawing of the proposed style to be used.

(g) Privacy Screens:

1. Owners wishing to attach Privacy Curtains to their galley railings may do so.

2. Such Privacy Curtains shall:

a) Be made of white, sun-resistant material

b) Cover the entire section of the railing.

c) Be tightly laced to the railing.

2. DESIGN STANDARDS

The following design standards apply:

(a) Entryway Tiles:

1. Only terra cotta tiles are permitted

(b) Security Grates: Only two (2) styles are permitted

1. The "Coakley Bay" curlicue

2. A design similar to that on the doorway of C-4.

3. UNIT ALTERATIONS

(a) Construction & Alterations.  Any significant construction in, and all alterations made to units must be cleared in writing through the General Manager.

1. A written application in the form available either at the Office or from the website (www.coakleybay.org) shall be used.

2. Such approval will not be denied unless for a specific, written cause which can include but is not limited to concerns such as: adverse impact on the common areas/facilities or neighboring units, overburdening of electrical or other systems, structural or other safety concerns, and the extent or duration of noise or interference with others.

3. All such applications shall be responded to as soon as practical by the General Manager, but no later than the third day after the next meeting of the Board of Directors following the application. Denials may be appealed to the Board of Directors in writing.

(b) Beginning of work. Work shall not begin until a signed approval of the written application is provided to the Owner.

(c) Hours of Work. All work shall he done between the hours of 8:00 am and 5:00 pm Monday through Friday. Work is not to be done on weekends, or on holidays observed by the administration Office, as those holidays are set forth on the website.

(d) Start and finish dates supplied to the Coakley Bay Office should be carefully adhered to--and if work shall not continue thereafter unless the extension is similarly approved in writing by the General Manager. Therefore, please be careful when estimating these dates.

(e) Use of Outside of Unit.  To the maximum extent possible, all sawing, cutting of tile or other loud work should be done inside of the unit under construction. When this will not be possible, the application must state this will be the case, and the amount of outside work should be set out in detail. No materials may be stored outside for more than 3 days

(f) Debris. The Owner is responsible for removing all debris. and returning the Common Areas to their original condition. .

(g) Liability for Alterations.  Any alterations that alter the original specifications of the unit becomes the responsibility and liability of the unit owner and his successors in interest.

(h) All electrical and plumbing alterations must be certified in writing to the Office by both the Owner and a licensed professional. Such proof must be presented to the General Manager at the conclusion of the project in the form supplied found on the website: www.coakleybay.org in the" Owners" section.

(i) Applications for installation of washers and dryers must be presented to the Board of Directors for approval prior to installation.

(j) Air conditioning units which vent onto a gallery may be replaced with a "split" unit,
provided that the outside condenser unit must be installed in a unobtrusive manner--and must be wholly within the gallery of that Owner.

1. However, such condensers in place on January 1, 2009 are grandfathered in. Such condensers must be identified to the General Manager before February 15, 2009, and a compliance sticker will be attached. When these units are replaced, they will conform to placement requirements of this rule.

4. ANNOYANCES AND SUCH

(a) When sweeping, watering plants or mopping, think of the people in the units below you. Sweepings should he picked up and disposed of inside your unit, rather than swept over the side where they could be blown onto someone else's gallery. Likewise water from plant watering or mopping should not to he allowed to drip down on the galleries below you.

(b) Noise Levels and Quiet Times.  The noise level from radios, stereos, TVs, parties, or whatever else you may do, must not be annoying or disturbing to your neighbors. No loud noise, loud music or other increased levels of noise or music is allowed during the "quiet time" which is defined as being between 9:00 p.m. to 7:30 a.m. on weekdays and 10 p.m. and 10:00 a.m. on weekends and holidays.

(c) Maximum Number of Occupants.  Except for an occasional overnight guest of an Owner or Long-Term Renter, The number of persons occupying any unit shall not exceed:

1. Four persons in a two-bedroom unit, and

2. Six persons in a three-bedroom unit.

(d) Roofs. No one, other than persons specifically authorized by the Manager, is permitted
on the roof of any Coakley Bay building.

5. TOILETS, BATHROOM, KITCHEN DRAINS & WASTE WATER

(a) Two Separate Water Systems.  At Coakley Bay we have two separate water systems:

1. potable water which we use for cooking, drinking and washing, and

2. treated wastewater which is used to flush our toilets and water the landscaping. Our potable water comes from cisterns under each building, and is piped to the kitchens and bathroom basins and showers/tubs. The wastewater from these fixtures plus the toilets flows into our on-site water treatment plant where it is treated to a clarified, but non-potable state; it is then re-used throughout the complex for toilet flushing and irrigation.

(b) Our water treatment system is not capable of handling any hut the normal bathroom and kitchen wastes. It cannot handle such things as chlorine bleaches, paint, solvents, rags, diapers, contraceptives, cigarette butts, sanitary napkins and the lie. The microorganisms that purify the water simply cannot break some of these things down, and others, such as chlorine bleaches, will kill them outright. Our biggest source of "indigestible" objects is our toilets. Therefore, nothing other than body waste and toilet paper shall be put into the toilets.

(c) Use of kitchen disposals should he kept to a minimum. Whenever possible, the garbage can should be used instead.

(d) Use of Fresh Water in Toilets.  In the event any Unit has toilets hooked up to fresh water, there will be a $30 assessment per month -- and the Owner is strongly encouraged by the Board, at their own expense, to voluntarily install an approved threshold water meter which will be checked by the Association no less than once per year. The association will randomly audit for  such hookups, and the existence of one attached to a toilet where such a fee is not being paid will result in an assessment of $360 for the past 12 months payable immediately.

(e) Water Meters. In the event any Unit has a clothes washer, the Owner is also encouraged to voluntarily, at their own expense, install an approved threshold water meter which will be checked by the Association no less than once per year.

6. PETS

(a) One pet.  Each owner may keep one pet having a mature weight of no more than 16 pounds.

(b) Pet Rules.  A pet cat or dog while outside its unit on Coakley Bay property must:

1. Be on a leash controlled by a competent person, and

2. Bear a tag showing the name and unit number of its owner.

(c) Dog droppings shall he picked up immediately, bagged and placed in a refuse can.

(d) Pets are not permitted in the restaurant or pool areas.

(e) Renters are not permitted to keep a pet of any kind.

(f) Pet owners shall he liable for any damage that may be caused by their pets.

(g) The Board of Directors shall have the right to require the removal from the Coakley Bay
property any pet that has become a nuisance.

7. MOTOR VEHICLES

(a) Parking Generally. Vehicles shall he parked in marked parking spaces only.

(b) Building "A" Parking Area Restricted.  The parking area adjacent to Building A is reserved at all times for the occupants of Buildings A, B, and C. Restaurant patrons and pool users should use the parking area marked off for the restaurant.

(c) Parking for Two Vehicles.  If you have two vehicles, don’t park both of them in the more desirable, close-in spaces.  Think of your neighbors and leave the other one in the outback.

(d) Vehicles left at Coakley Bay while owners are off-island:

1. Vehicles shall be parked away from the buildings in the lesser desirable parking spaces; spaces adjacent to the buildings are reserved for building occupants.

2. To permit the moving of a vehicle in an emergency

i. The Manager shall be furnished with a set of keys for each vehicle.

ii. Each set of keys shall be clearly tagged by the owner with the owner's name, and the make, style and license number of the vehicle.

8. ENTRY KEYS

(a) Manager Provided with Keys.  It is important for the safety of residents and the structural integrity of the facility in emergencies that the Manager be provided with keys to provide for entry into a unit when the owner is not readily available. It will occasionally become necessary, perhaps on short notice, to enter a particular unit to do such things as: gain access to utilities, check hurricane preparedness, for maintenance or repair of the interior or exterior of a building. Therefore, the owner of each unit shall provide the Manager with two sets of entry keys.

(b) Penalty for Not Providing Keys.  If the Owner does not have a key at the Office as required, and entry is deemed necessary by the General Manager for any reason, the Owner's existing lock will be removed and replaced at the Owner's expense, along with a $100 fee to the Association. Similarly, if written request is made to the Owner for a key by certified mail -- reciting this provision of the Rules-- at the address of record with the Office and is not provided within 30 days thereafter, the Owner's existing lock will be removed and replaced at the Owner's expense, along with a $100 fee to the Association.

(c) Key only given to Owner(s).  Except in emergencies, the Office will not, under any circumstances, provide the key or copy of the key in the possession of the Association to any person other than the Owner.

9. MAILBOXES

(a) Generally. A mailbox is assigned for each unit at Coakley Bay.

(b) Dealngs with USPS.  By direct order of the USPS, matters pertaining to the boxes and their keys shall be handled directly with the U.S. Postal Service. These boxes are within the control of the USPS.

(c) Staff cannot handle keys.  By USPS regulations, The Manager and Staff are not permitted to handle the mailbox keys for any Unit.

(d) Receiving oversize or signature needed.  However, the USPS will leave oversized packages or those requiring signature at the Office.

10. RENTALS

Units may be rented, as the individual owner may desire; however, it is critical to the health and safety of all residents and the protection of the premises that the Manager be aware of status and occupancy of rented units. To this end:

(a) Forms for both short term and long term rentals are available on the website: www.coakleybay.org in the "Owners" section labeled "Forms".  Each renting owner (or the rental agent for that Owner) shall provide a fully completed copy of this form by mail, email, fax or in person to the General Manager for each such rental as early as practicable, and no later than the first working day after renter takes occupancy of the unit. The completed form merely has to be submitted, it does not have to be hand-signed.

(b) The information to be furnished to the Manager shall include, for Both Long-Term (over 30 days) and Short Term (30 days and less):

1. Name of the renter.

2. Cell or other local phone number and email address of the renter.

3. The name, address and phone number of the rental agent or person responsible for communications with the renter, and any issues that might arise during the rental.

4. Number of persons occupying the unit.

5. Dates of the rental, and

6. A certification by the owner stating:

(i) That the renter has received a copy of the Tenant Rules and Regulations -- also available on the website: www.coaklybay.org, and

(ii) That the renter is able and willing to abide by the Tenant Rules and Regulations.

(c) Additional for Long-term Renters (more than 30 days)

1. In addition to the information set forth in (b) above, Owners shall provide an executed copy of the rental management agreement for Long-Term Rentals (more than 30 days) if there is a rental management agent -- or a statement to the General Manager that there is no such agent, and that the Owner is directly responsible.

(d) Emergency contacts.  The Office MUST be able to communicate with the renters in an emergency, and with the responsible person in the event of problems. Therefore, failure to so notify the Office of renters and their status as set forth here potentially endangers both safety and property--and a violation of this requirement will require payment of a $100 assessment to the Association on the first occasion.

(e) Owner responsible for renters regardless of agent.  Additionally, the owner is solely responsible for ensuring compliance regardless of whether the rental is handled personally or through a Rental Agent or Agency. If a complaint of violation is received or emergency occurs and the Owner or Agent is not available to or willing to respond, the costs of response plus a $100 fee to the Association will be assessed on the first instance. Owners must post a copy of the Short Form of Tenant Rules and Regulations if their unit is rented or used by others. Owners are also responsible for stocking recommended cleaning items and laundry detergents, and for posting a list of these items in plain sight of their tenants.

1. In each rental agreement, a clause shall be included to the effect that continued violation of Coakley Bay Rules and Regulations by a renter, or a renter's family members or guests, shall be sufficient basis for termination of the rental contract.

2. All matters pertaining to rentals shall be handled directly between the owner or the owner's agent and the renter. Neither the Manager nor any staff member shall become involved in any way as an intermediary between a renter and an owner or agent.

11. HURRICANE SHUTTERS AND PREPARATIONS

On the approach of a hurricane, it is of the utmost importance that all precautions be initiated in a timely manner. Different situations will exist with respect to unit occupancy, and each must be addressed in its own time. As a hurricane approaches, it is a common tendency to wait until the last minute to begin "buttoning up". But with many owners off-island during hurricane season and many units unoccupied, it is essential that the process be started early. it necessary that all hurricane shutters he closed and locked, and mandatory that all furniture, plants and other objects not firmly secured be cleared from unprotected galleries. Winds of hurricane force have turned loose objects into dangerous or (even potentially lethal ) flying missiles that have severely damaged other units. It is, therefore, the responsibility of each unit owner to take such precautions as may be necessary to minimize the potential for hurricane damage. Any Owners who are not present MUST submit a written arrangement with an agent, neighbor or other person who states that she/he/it will take the necessary precautions and be responsible for such precautions. The following procedures shall be observed during the period 1 June through 30 November:

(a) Occupied units

1. On the approach of a hurricane, occupants are encouraged to "button up" as early as possible, and certainly no later than at such time as the winds have risen to 30 mph.

(b) Units unoccupied and unattended

1. Each owner shall provide the Manager with the written form set forth above with the name and telephone number of the person caring for the unit.

2. All hurricane shutters shall be closed for the entire period.

3. All entryways, and all galleries not enclosed by hurricane shutters shall be cleared of all furniture, plants and other objects.

(c) Units unoccupied but under the continuous care of someone on island

1. Each owner shall provide the Manager written form set forth above with the name and telephone number of the person continuously caring for the unit.

2.When winds of hurricane force are predicted within 48 hours:

i. All hurricane shutters shall be closed.

ii. All entryways, and all galleries not enclosed by hurricane shutters shall be cleared of all furniture, plants and other objects.

(d) Unoccupied units with open hurricane shutters when winds of hurricane force are predicted within 36 hours:

i. The Manager shall have the right but not the duty to take such steps as may be
necessary to close the shutters and clear the entryways and galleries of any non-complying unit.

ii. Should this action become necessary, the owner of each unit involved shall be
charged a fee of $250.

12. LAUNDRY FACILITIES

Laundry facilities are provided in the basements of buildings A, E, G, H, J and M. These facilities are for the personal use of the Owners, Renters and employees of Coakley Bay and the overnight guests of Owners and Renters only.

(a) All washing machines and dryers are token-operated; tokens are available at the Office.

13. POOL

(a) Hours. The pool shall not be used earlier than 6:30 AM nor later that 8 PM. It shall be used before 9 a.m. only for laps/exercise, with the minimum of talking or other noise. If it is necessary to call security to respond to a before or after hour usage, the cost of that response plus a fee of $100 to the Association will be assessed on the first instance.

(b) Use. Use of the pool area is available primarily for residents and their in-unit guests. Nonresidents may be invited to use the pool, however they must be accompanied by their host/hostess.

1. The use of the Pool by unauthorized persons poses safety and security risks to all residents. Therefore, a key or code will be provided to each Owner for the use of the Owner, Renters, in-unit guests of an Owner or Renter, and--only when accompanied by them--outside guests of the Owner or Renter. There are to be no exceptions to this Rule. If outside guests are at the Pool unaccompanied or in possession of a code/key a fine of $100 to the Association will be assessed on the first occasion.

2. Any Owner, renter or guest may be asked by a staff member, designated individual or security person to verify their status verbally or by signing a sheet with the name, unit number and telephone number.

(c) Non-swimmers must be accompanied by a swimmer.
(d) Children under 12 years of age must be accompanied by a responsible adult.
(e) Toddlers in diapers are not permitted in the pool.
(f) Earphones only. The operation of radios, tape decks and CD players is not permitted unless earphones are used.
(g) Masks, snorkels, and individual rafts are the only devices permitted in the pool.
(h) No running or throwing.  There shall be no running, throwing of balls or other objects, or boisterous play of any kind in the pool area.
(i) Glass containers of any kind are prohibited.
(j) Bicycles, skates, and skateboards are prohibited.
(k) Only proper bathing attire (Bathing suits) is allowed in the pool.

14. STORAGE SPACES

(a) All structures are a part of the common properties. They are not individually owned.

(b) Requests.  An owner desiring a Storage Space shall submit a request in writing to the Board of Directors.

(c) One storage space per unit.  An owner shall be assigned no more than one Storage Space for each unit owned.

(d) Manager to have keys.  It is important that the Manager be provided with keys to provide for entry into a unit when the owner is not readily available. It will occasionally become necessary, perhaps on short notice, to enter a particular unit to gain access to utilities, or for maintenance or repair of the exterior of a building. Therefore, the owner of each unit shall provide the Manager with two sets of entry keys.

(e) Waiting list.  At such times as there are no Storage Spaces available for assignment, requests shall be placed on a waiting list which shall be maintained by the Manager. Requests shall be listed in order of the date received, earliest date first.

(f) First come First serve. When a Storage Space becomes available, the owner whose name is first on the list shall be assigned that Space.

1. In the event that more than one Space is available, selection will be at the choice of the owner.

2. Should the owner decline the Space, it shall be offered to the next listed owner. The name of the declining owner shall remain at the top of the list.

(g) On Sale of Unit.  In the instance of the sale of a Unit to which a Storage Space is assigned:

1. To prevent unauthorized use, the association reserves the right to place a lock on the cage at such time as the Unit is placed on the market. The key to this lock will be available to the owner.

2. The cage must be vacated at the time of the sale. The Manager shall the have the cage cleared of any remaining items no later than 30 days following the date of the sale.

(h) Usage

1. Cardboard boxes and other non-waterproof items must be places on shelves.

2. Under no conditions may gasoline or other hazardous materials be stored. (In this instance, properly sealed paint containers are not considered hazardous.)

3. Spaces are to be kept neat and clean. The association reserves the right to rescind the assignment in the case of any owner who has allowed a Space to become a "junkbin".

(i) A fee will be charged for each assigned Space, such charge to begin with the first monthly statement following acceptance of the Space by the Owner.

(j) Usage agreement. Each owner shall sign a usage agreement prior to the assignment of a Storage Space.

15. GENERATORS

(a) One generator per unit is authorized for emergency power during electric power outages.

(b) Maximum Noise Level.  The generator shall have a maximum rated noise level of 75 dBA. Before a generator is put in place, a notification form available on the website: www.coakleybay.org must be completed and turned in to the General Manager -- along with a copy of the printed commercial pamphlet or literature provided by the manufacturer stating the rated noise level. This is not a request for approval, simply a notification. For comparison, these are the noise levels of common objects: 80 dBA--Electric Drill (1 yard away); 75 dBA--Loud Radio and 60 dBA--a Department Store

1. However, Generators presently in place at the time this rule goes into effect are grandfathered in. Such generators must be identified to the General Manager before June 1, 2009 and a compliance sticker will be attached.

(c) Hours.  Generators may be operated only from 6:30 AM to 9:00 PM during power outages.

(d) Only one fuel container with a maximum capacity of 5 gallons is allowed within each unit, gallery included.

(e) Generators must be adequately muffled. While the electricity may be a delight for you, the noise may be a nuisance to your generator less neighbor (see Article 3).

(f) Transfer switches.  With the written approval of the Board of Directors, generator connections may be hard wired through a transfer switch to the circuit breaker box within a unit. In such instances the electrical work must be done by a licensed electrician.

(g) Battery Back-Up.  With written notice to the General Manager, Owners may have and wire into their units, a UL approved whole house battery back-up unit. If the weight of such units exceeds 250 pounds, such units must be located in rented storage areas (as available) and connected as approved by the General Manager, by a licensed electrician. Such units will be subject to the same approval procedures as exist for any other alterations.

16. RELATIONS WITH THE STAFF

(a) Generally.  The Manager and Staff are employed by the Coakley Bay Association to perform tasks as delineated in their individual job descriptions. Staff employees are under the supervision of the Manager; the Manager reports to the Board of Directors. Accordingly:

1. Staff working hours. Coakley Bay employees are not permitted to perform any tasks for individual unit owners or renters during the employee's working hours.

2. No owner supervision.  No owner or renter shall interfere with Coakley Bay employees, nor attempt to supervise or direct employees in the performance of their work, except in specific instances when so authorized by the Manager.

3. Manager proper official for comments.  Any discrepancies or suggestions concerning employees, or any other aspect of the operation or maintenance of Coakley Bay properties should be reported to the Manager only for appropriate action.

4. Owners may engage employees-Responsibility.  Owners and Renters are permitted to engage Coakley Bay employees for private projects for those Owners and Renters (such as car washing, maintenance or repairs, provided arrangements for such projects are made directly with the employee and performed outside the employee's working hours. Although, the employees may use the facilities in performing these tasks, neither Coakley Bay nor the employee will be responsible for the work, any occurrences or any results, which shall be the sole responsibility of the Owner or Renter.

5. Work by on-duty staff.  In addition, at Coakley Bay's discretion, work on or around Units can be requested of the Office to be done by the Association for $30.00 per hour, plus materials, and a 15% Administrative charge.

17. INTERPRETATION & ENFORCEMENT

(a) Generally. The enforcement of these Rules and Regulations is the responsibility of the Manager. There shall be two alternate processes for an Owner or Renter requesting assistance from the Association or enforcement of alleged violations of these Rules and Regulations. Owners or their rental agents are encouraged to initially address such matters with the General Manager or the other parties involved informally, however, if this is not possible or successful:

1. For non-immediate problems or complaints.

i. a Complaint Form which can be obtained from the website: www.coakleybay.org, will be completed and signed by the Unit Owner or Rental Agent of the complaining unit.

ii. The General Manager will respond within 2 business days with an informal statement that:

(1) the problem has been addressed, or (2) the Manager will address the problem and what s/he intends to do, or

(3) that the matter will be referred to the Board at the next meeting--in which case a response as to what will be done will be provided within 3 days after the next Board Meeting.

(4) If there is disagreement with the General Manager's decision, the matter may be addressed to the Board which will have the final, unappeasable right to determine the matter.

2. For immediate problems or complaints

i. The Association's main number forwards to an answering service during non-office hours. A staff person will be dispatched and will fill out a form which will include the nature of the problem or complaint.

(1) If the matter is a serious, immediate problem with the physical plant (such as water running through the Unit) the operator will notify management by calling down a list of persons beginning with the General Manager as will be designated by the Board. This is an emergency process and may not be used for routine or maintenance issues.

(2) If the matter involves the actions of a person or other Unit, the staff person will ask the complaining party which applicable section of the Rules are alleged to have been violated, and will complete a form similar to the one below. The form will not identify the complaining party or unit. A copy of that form will be delivered by hand to the alleged violator. The staff person will observe whatever can be observed without invited entry to the unit and report the observations to the General Manager the next day:

 ii. Sample of Form

============================================================
Please Take Notice
There has been a complaint that the Rules of the Association are being violated.

You are asked to cease and desist if such a violation if it exists.

The specific complaint that has been made is: ________________________________
_____________________________________________________________________

The person presenting this to you is present to deliver this and file a report only.

They WILL NOT ENFORCE THIS NOTICE NOW.

On the first business day following this notice, a copy will be given to the General Manager of the Association. If it determined in his sole discretion that a violation did occur, he will send the unit Owner a letter to that effect. If this is the first such notice, the Unit Owner will be assessed only the cost of the response of the security service. However, if this is the second such violation, a fee of $100 will be assessed. And that amount will increment as set forth in Article XII, Section 3 of the Bylaws for each successive violation. Greater enforcement may be undertaken for egregious violations of the Rules.

The unit Owner will be given the opportunity to appeal the determination in writing to the Board of Directors which, at its sole discretion, will uphold or reverse the decision by the General Manager. That decision is not appealable.

If it is determined in the sole discretion of the General Manager that a violation did not occur, he will send the unit Owner of the complaining party's unit a letter to that effect. If this is the first such notice, that Unit Owner will be assessed only the cost of the response of the security service. However, if this is the second such incorrect allegation of a violation, a fee of $100 per day will be assessed. And that amount will increment as set forth in Article XII, Section 3 of the Bylaws for each successive incorrect report of violation. Again, the Unit Owner will be given the opportunity to appeal the determination in writing to the Board of Directors which, at its sole discretion, will uphold or reverse the decision by the General Manager. That decision is not appealable.


===============================================================

 

(b) Disputes.  Any dispute arising from enforcement under this paragraph (paragraph 17) or other enforcement of these Rules and Regulations shall be referred in writing to the Board of Directors for resolution. . However, immediate and continued compliance with the Manager's request is required even though the matter has been referred to the Board of Directors.

(c) Fines will be implemented ten (10) days after written notice by the Association made by the General Manager, as per the By-laws of the Association Article XII. Section 3: allows for the fine to be based on "seven percent (7%)" of the "Unit Owners monthly maintenance charge" for any one violation provided, however, that for each day a violation continues after notice, it shall be considered a separate violation."

All amendments, unless otherwise stated,
effective February 1, 2009

 

_____________/s/___________________
Adopted as Amended, December 8, 2008
Board of Directors

 

ADDENDUM

REGARDING
WATER HEATER MAINTENANCE AND REPLACEMENT

Water heaters are owned by the unit owners. therefore. unit owners are directly liable for any damage to their unit. or any other unit. as a result of water heater failure.

The standard operational life of water heaters is six (6) to seven (7) years.

To prevent water heater failures. unit owners are encouraged to check the metal plate on their water heaters to determine the date of installation.

Any heaters that are beyond the standard operational lifespan should be replaced.

It is required that when heaters are replaced. catch pans be installed to collect overflow resulting
from heater failure.

It is recommended that such pans either have a drain for overflow, or a water sensor. Also, that the main water line in a Unit be turned off when the Unit will be vacant for any sustained period.

Remember, if a water heater or toilet leaks, the damage below will be the responsibility of the Unit Owner where the leak is occurring, not the Association -- so caution is a good policy, as is supplemental insurance to covert this sort of damage.

Prior to replacing heaters. see Rules and Regulations. Item 3 for requirements relating to unit
alterations.

 

FISCAL POLICIES

The Following are made part of the Rules and Regulations of the Association:

Coakley Bay Association
Summary of Internal Financial Control Policies

Approved by the Board of Directors 10/26/09 with amendments adopted January 11, 2010

This is a compilation of internal financial control policies adopted by the Board of Directors (BOD) or contained in the Association’s bylaws. There are additional unofficial office procedures not described here.

General Policies

1. Transparency. The General Manager, bookkeeper, accountant, and Board
Officers shall always err on the side of transparency and accountability in all
financial matters. This means taking all steps necessary to avoid any real or
apparent conflicts of interest, to eliminate opportunities for misappropriation of
funds or other improprieties in Coakley’s financial dealings, and to assure Board
knowledge of all major expenditures.

2. Financial Controls. The board shall, with the assistance of its outside auditors,
establish proper accounting and operating controls and procedures, which shall be
memorialized in writing, to protect the assets of the Association; control expenses
and comply with tax laws and regulations. These controls shall be reviewed by
the Board and its outside auditors at least annually and revised if necessary. The
Board shall also appoint three Unit Owner(s) who may, but need not be members
of the Board, to an audit committee to monitor compliance with these controls and
procedures. This committee shall report directly to the Board of Directors and to
the Unit Owner(s) at the annual Condominium Unit Owner(s) meeting. (Bylaws)

3. Funds and accounts. The receipts and expenditures of the Association shall be
Common Expense Assessments and Common Expenses respectively, and shall be
credited and charged to accounts under the following classifications as the Board
shall deem appropriate: current expenses; reserve for deferred maintenance;
reserve for replacement; reserve for capital improvements; operations. The Board
shall not be required to physically segregate the funds held in the above accounts
but may maintain the funds in one or more accounts, and the classifications set
forth above need be made only on the Associations records. (See bylaws for full
text and context)

4. Audit committee, Board, and bookkeeper roles. With regard to the bookkeeper
function, to assure autonomy and adherence to both the financial protections and
the transparency goals of the Board, the Board will direct and control a direct line
of authority between the bookkeeper and the head of the Audit Committee. The
head of that committee will oversee compliance and make salary and evaluation
recommendations to the Board. The Board will thereafter, solely, evaluate and
make other personnel decisions directly. The Board’s direction to the head of that
Committee as its direct proxy in carrying out such financial oversight is to do
everything necessary to assure that the rules and regs are followed and that the
staff is not hindered in any way in doing this. This will not interfere with or
hinder the Treasurer’s ability to get any requested access to and copies of all
recordkeeping information requested or direct the custody or deposits of the
Association.

Depositories

5. General. The depository of the Association shall be such federally insured
institutions as shall be designated from time to time by the Board and in which the
monies of the Association shall be deposited in the name of the Association
[emphasis added]... The amounts assessed and collected for the reserves shall be
kept in one or more federally insured interest-bearing accounts or certificates of
deposit and shall not be utilized for any purpose other than that which was
identified at the time of the assessment. (See Bylaws for full text and context.)

6. Debit card and other accounts. All bank, debit card or other accounts must be in
the name of the Coakley Bay Association. The General Manager may be a
cardholder with spending authority limited by other policies regarding large
expenditures.

7. Investment and reserve account depository criteria:

o The account must be controlled to prohibit on-line withdrawals or
transfers by a single individual.
o Coakley must be able to require two signatures for withdrawals or
transfers over $2500 (e.g., check writing, or wire transfers with 2 signature
requirement).
o There must be multiple cash-equivalent or other investment options
(money markets, CD’s etc.), to assure that all principal is subject to FDIC
insurance, yet allow for maximizing interest earnings.
o Preference for a) a brokerage firm, rather than an investment bank or
regular bank; b) an institution with a local contact or representative; and c)
an institution where account maintenance fees are low or non-existent.
Segregation of Accounting Duties

8. Second signatures. A second authorized signature is required on all checks, wire
transfers or electronic funds transfers over $2,500. Whenever possible the
Treasurer should provide that second signature. Multiple checks must never be
written to pay a single expense or invoice, if the purpose of dividing the expense
into multiple payments is to avoid the second-signature requirement.

9. Debit card payments. Checks written for deposits into a debit card account or
pre-funded credit card account must be in increments of no less than $2,500, so
that purchases and account funding will be subject to second signature review.

10. Transfers between bank accounts. All bank accounts, including Coakley’s
reserve investment account, must require 2 signatures for all withdrawals,
expenditures or transfers over $2500. All checks should be imprinted with the
$2,500 signature requirement near the signature line. All checks issued to transfer
funds from one Coakley Bay account to another should have an endorsement,
"Deposit to Coakley Bay Account," prior to being given to any signatory for
signatures.

11. Check log. The Treasurer will keep a log of all checks over $2500 and report
those to the Board and the audit committee monthly. If either of the two back-up
signatories signs a check over $2500, they must communicate that to the
Treasurer, so the check can be added to the Treasurer’s check log.

12. Signatory as payee. Checks with the General Manager or any other account
signatory as the payee must be signed by an authorized signatory other than the
payee.

13. Review of bank statements. The Treasurer or other knowledgeable person other
than the general manager or bookkeeper should review each bank statement
(including investment and credit card accounts) prior to reconciliation. The
Treasurer will describe in writing to the audit committee the process for
facilitating this review.

14. Administrative access to accounting system. Neither the general manager nor
the bookkeeper should have administrative access to the accounting system that
allows them to set pass codes, set access privileges, or turn audit trails on or off.
Administrator privileges should be retained by the Board or by an outside
accounting or auditing firm.

15. Segregation of accounting and check signing authority. No one who is
authorized to sign checks should have the kind of access to the accounting system
that allows them to make or modify journal entries.

16. Audit trail. The accounting system audit trail should be turned on, so that there is
a record of which authorized user made each entry.

17. Third party oversight. Outside accounting oversight should be provided at least
quarterly, with particular attention to adjusting journal entries, possible coding
errors and bank reconciliations. The accountant responsible for the third-party
oversight reports to the Audit Committee and Treasurer.

18. Internal reporting. The bookkeeper is authorized to alert the outside accountant
and/or a member of the Audit Committee – without obtaining permission from the
general manager – if the bookkeeper has questions or concerns about specific
financial activities or transactions.

Segregation of purchasing duties

19. Purchases benefiting specific employees. For purchases benefiting or perceived
to benefit an employee, prior approval by a Board member is required, and
payment must be signed by an authorized signatory not benefiting from the
purchase.

20. Limitation on individual Board member’s purchasing authority. Except for
the President under his or her authority as the CEO of the Association acting
within the Association’s Rules and Financial controls, no individual Board
member is to direct the issuance of any check to the manager, any vendor, any
supplier or any consultant. If a Board member considers it critical that a check be
written outside of normal processes, and for some reason the President cannot be
reached, an emergency phone conference with the VP and at least 4 additional
board members must be held. If necessary, a resolution amending the Rules and
Bylaws will be prepared for and suggested to the Owners. If the VP cannot be
reached, the Secretary will take his or her place.

21. Direction to Audit Committee. In addition to its regular compliance monitoring
duties, the Audit Committee is directed by the Board to recommend to the Board
by June 1, 2010, a set of internal fiscal control policies related to purchasing and
inventory. It is intended that these policies, once approved by the Board, would
become a part of Coakley’s handbook of internal fiscal controls.
Accuracy of Financial Information

22. Revenue and expense coding. All expenses and revenues must be accurately
coded to reflect the actual purpose of the expense or nature of the revenue and
should never be intentionally miscoded so that spending appears to fit within
budget categories. This is necessary to assure accuracy of the financial reports
that the Board relies on for its budgeting and other financial decisions. Any
disagreements between the staff and Treasurer regarding coding or other
accounting issues that cannot be resolved within one day should be referred to the
Board.

23. Fixed assets. Equipment or other assets with a cost in excess of $2500 and a
useful life of 5 years or more should be capitalized as fixed assets and
depreciated.

Expenditure controls

24. Personnel. The addition of new personnel requires BOD approval.

25. Budget overruns. The General Manager shall communicate with the Treasurer in
cases where specific budget line item overruns of the larger of 10% or $5,000 are
likely.

26. Prior review of large expenses. Any non-recurring expense or contract that has
not already been specifically approved by the Board and is in excess of $2,500,
the Treasurer shall be informed prior to incurring the expense or signing the
contract. The Treasurer shall inform the board and, except in emergency
situations, the Board should approve these expenses before they are incurred.

27. Reserve maintenance and replacement study. An analysis of actual and
necessary reserves for deferred maintenance, major maintenance and capital
replacement shall be updated and completed annually in sufficient detail to satisfy
the bylaws and the auditor.

28. Contractors. It is the policy of the Association that all contractors, other than
sole proprietors, providing services to the Association provide satisfactory
evidence of workers’ compensation insurance; and all contractors providing
services to the Association valued at more than $10,000 provide satisfactory
evidence of liability insurance.
Related Communication and Management Policies

29. Witholding of information not allowed without Board approval. No manager
or Board member will direct any staff person, consultant or accountant to
withhold ANY information from an individual Board member seeking
information in their capacity as a Board member or from the Board. This is not
limited to financial information. Moreover, all employees are directed, in the
same way the bookkeeper has been, to keep the Board informed of any perceived
violations of the Rules and Regs. There will be no efforts by any management
official or board member to control or restrict the flow of information, criticisms,
complaints or other communications from Owners, staff, consultants or
accountants to the Board or individual Board members. If anyone is asked for
information and wishes to withhold it based on the sensitivity of contents or
volume, a written notification must be made immediately to the Board – and a
vote taken.

30. Open lines of communication. The position of Owner Relations is intended to
provide the Board and Owners with a means to be heard, and a means to obtain
responses. There will be no attempts to limit communications to the director of
owner relations – or to impede that person from obtaining information with regard
to owner issues so raised or the Association’s ongoing responses thereto. In the
event there is a conflict of opinion or the scope of this requirement between that
Director and any other management or staff member, before further
communications are had with the Owner or any further actions are taken, the
Board will be fully informed at the next meeting of the Board.

31. Direction to General Manager. The Manager will be on the property for at least
six hours of the day except in unusual circumstances. Outside of emergencies
such as hurricanes, etc., if such unusual circumstances happen more than twice in
a month, a report will be made after the fact to the Board. When s/he is off
property, s/he will keep a log sheet of times, places and purposes. In addition,
s/he will personally walk the entire premises at least twice a week, talk to Owners
encountered then whenever possible for feedback, personally directly acquaint
himself with the activities of the individual staff members – and will prepare,
maintain and present to the Board at monthly meetings a list of all problems,
deficiencies and “next steps” rated in order of his/her view of their importance –
with new items highlighted -- with cost estimates in terms of anticipated staff and
contractor time and expenses where possible.

As amended and approved by the Board of Directors
January 11, 2010

Resolution - Conflict of Interest Policy
(To be included in accounting and financial handbook as Rules of the Association)

Article I
Purpose


The purpose of the conflict of interest policy is to protect this Association’s interest when it is
contemplating entering into a transaction or arrangement that might benefit the private interest of an officer
or director of the COAKLEY BAY TOWNHOUSE APARTMENTS CONDOMINIUMS ASSOCIATION
(Association) or might result in a possible excess benefit transaction. This policy is intended to supplement
but not replace any applicable state and federal laws governing conflict of interest applicable to homeowner
associations.


Article II

Definitions

1. Interested Person
Any director, principal officer, or member of a committee with governing board delegated powers, who has
a direct or indirect financial interest, as defined below, is an interested person.

2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business, investment, or
family:
a. An ownership or investment interest in any entity with which the Association has a transaction
or arrangement,
b. A compensation arrangement with the Association or with any entity or individual with which
the Association has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity
or individual with which the Association is negotiating a transaction or arrangement. Compensation
includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial
interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial
interest may have a conflict of interest only if the appropriate governing board or committee decides that a
conflict of interest exists.

Article III

Procedures

1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must disclose the
existence of the financial interest and be given the opportunity to disclose all material facts to the directors
and members of committees with governing board delegated powers considering the proposed transaction
or arrangement.

2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with the interested
person, he/she shall leave the governing board or committee meeting while the determination of a conflict
of interest is discussed and voted upon. The remaining board or committee members shall decide if a
conflict of interest exists.

3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee meeting,
but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the
transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a
disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether the
Association can obtain with reasonable efforts a more advantageous transaction or arrangement from a
person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under
circumstances not producing a conflict of interest, the governing board or committee shall determine by a
majority vote of the disinterested directors whether the transaction or arrangement is in the Association’s
best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above
determination it shall make its decision as to whether to enter into the transaction or arrangement.

4. Violations of the Conflict of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed to
disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and
afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as warranted by
the circumstances, the governing board or committee determines the member has failed to disclose an
actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article IV

Records of Proceedings

The minutes of the governing board and all committees with board delegated powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a financial interest in
connection with an actual or possible conflict of interest, the nature of the financial interest, any action
taken to determine whether a conflict of interest was present, and the governing board’s or committee’s
decision as to whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the
transaction or arrangement, the content of the discussion, including any alternatives to the proposed
transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article V

Compensation

a. A voting member of the governing board who receives compensation, directly or indirectly,
from the Association for services is precluded from voting on matters pertaining to that member’s
compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and
who receives compensation, directly or indirectly, from the Association for services is precluded from
voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes
compensation matters and who receives compensation, directly or indirectly, from the Association, either
individually or collectively, is prohibited from providing information to any committee regarding
compensation.

Article VI

Annual Statements

Each director, principal officer and member of a committee with governing board delegated powers shall
annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the purposes of the Association and that it must engage primarily in activities
which accomplish those purposes.

Article VII

Periodic Reviews

To ensure the Association operates in a manner consistent with its purposes and does not engage in
activities that could jeopardize its good standing, periodic reviews shall be conducted. The periodic reviews
shall, at a minimum, include the following subjects:
a. Whether compensation arrangements and benefits are reasonable, based on competent survey
information, and the result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations
conform to the Association’s written policies, are properly recorded, reflect reasonable investment or
payments for goods and services, further the Association’s purposes and do not result in inurement,
impermissible private benefit or in an excess benefit transaction.

Article VIII

Use of Outside Experts

When conducting the periodic reviews as provided for in Article VII, the Association may, but need not,
use outside advisors. If outside experts are used, their use shall not relieve the governing board of its
responsibility for ensuring periodic reviews are conducted.


Adopted by a Vote of the Board of Directors. the 2nd Day of August, 2009


_____________/S/________________________
Carl Hartmann, President