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The Commons at Bon Aire Condominiums Handbook of rules & regulations

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The Commons at

Bon Aire Condominiums

Handbook of rules & regulations

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TABLE OF CONTENTS

Page PURPOSE OF HANDBOOK……………………………………………………..… 2 UNITS…………………………………………………………………………………… 3 COMMON ELEMENTS……………………………………………………………….. 3 BOARD OF MANAGERS ……………………………………………………………. 3 COMMITTEES………………………………………………………………………… 3 MEETINGS…………………………………………………………………………….. 4 ANNUAL BUDGET…………………………………………………………………… 4 AUDIT…………………………………………………………………………………. 4 ALTERATIONS……………………………………………………………………….. 4 PARKING……………………………………………………………………………… 4 REFUSE……………………………………………………………………………….. 5 SALE OR LEASE OF UNIT………………………………………………………….. 5 PAYMENT OF COMMON CHARGES AND ASSESSMENTS…………………… 5 PETS…………………………………………………………………………………… 6 MAINTENANCE, REPAIRS AND OTHER CHARGES………………………….. 5 INSURANCE…………………………………………………………………………. 6 RULES AND REGULATIONS……………………………………………………….. 6 CONCLUSION…………………………………………………………………………. 7 LISTING OF RULES AND REGULATIONS……………………………………….. 8-12 HOUSE RULES………………………………………………………………………. 13-17 MODIFICATION REQUEST………………………………………………………… 18-20 APPENDIX SALES PROCEDURES…………………………………………….. 21 RENTAL PROCEDURES…………………………………………… 22-26

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PURPOSE Dear Residents of The Commons at Bon Aire Condominiums The Board of Managers of The Commons at Bon Aire Condominiums (the “Board”) has prepared this handbook for the purpose of acquainting unit owners and tenants with the rules and regulations of our condominium. A condominium is like a small community. We live closely together and share many things in common. The buildings, the grounds (lawns, shrubs, and trees) and the roads; belong to all of us and are for our mutual enjoyment and benefit. Similarly, the Condominium expenses are borne by all of us. Simple rules have been established to enable us to enjoy our homes, maintain the condominium in good condition, and protect our investment. This handbook is not intended to be all-inclusive. Rather, it attempts to address those issues which commonly come up and are important to all residents. We will make an effort to update this handbook from time to time as the need may arise. Should you sell your home, we would appreciate your passing this handbook on to the next owner along with your Offering Plan. If you rent out your unit, you must familiarize your tenants with the contents of this handbook and provide them with a copy. What is “The Commons at Bon Aire”? Bon Aire Park is comprised of The 38 townhouses of The Commons at Bon Aire Condominiums and nine other condominium associations, three cooperative apartment groups and one Homeowner’s Association. As a unit owner in The commons at Bon Aire Condominium, you are automatically a member of the Commons at Bon Aire Homeowner’s Association. The Homeowner’s Association operates the Bon Aire pool, tennis courts, playground and basketball court. All residents of Bon Air Park have various membership rights to the Homeowner’s Association. These rights may be at a cost included in common charges (or maintenance for the coops) or by a “pay-as-you-go” fee. Additional copies of this handbook can be obtained from the Board of Managers. We hope that you will find this handbook informative. Very truly yours, The Board of Managers

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UNITS There are thirty eight (38) residential townhouse units comprising The Commons at Bon Aire Condominiums. The condominium is divided into two basic types of areas: units and the common elements or common areas. When you purchase a condominium unit you enter into an arrangement in which much of what you own is shared with other unit owners. These shared items are referred to as “Common Elements”. Each owner obtains fee simple ownership in, and exclusive right of occupancy and possession of his/her unit, together with an undivided 1/38th interest in the common elements. Units can only be used for residential purposes. Each unit consists of the area enclosed horizontally by the unexposed faces of the sheet rock dividing the units from exterior walls of other units and vertically by the underside of the finished floor and the upper face of the sheetrock ceiling. The doors and windows and the air conditioning equipment also are included in the unit. Each unit owner is responsible for the maintenance of and repairs to all facets of his own unit including doors, windows, electrical, plumbing, and heating and air conditioning equipment located within the unit. COMMON ELEMENTS Everything that is not part of the unit is a common element. Two types of facilities are defined as “limited common elements”: balconies (decks) and basements. A "limited common element” is an area, which is reserved for the exclusive use of the unit owner. For example, a deck and basement is provided for the exclusive use of the unit owner whose unit has direct access to the deck and basement. In all other respects, these facilities are common elements and therefore the responsibility of the Board of Managers. Common and Limited Common Elements are subject also, to the prohibition against alterations without prior approval of the Board of Managers. In addition, each unit without a garage has exclusive use of two (2) assigned parking spaces that are also deemed “limited common elements”. The Board of Managers must provide for the maintenance of and repairs to all common elements. The Board is also responsible for painting exterior doors, windows and sashes, to ensure that uniformity of appearance is maintained. We hope that these guidelines should resolve most of the questions that will arise in the future. For further clarification, reference should be made to your Offering Plan. BOARD OF MANAGERS The Condominium is managed by a seven member Board all of who are homeowners. Members are elected each year to serve a three-year term. Each unit has one vote for each open seat. This election takes place at the annual meeting. The Board members and officers, who are chosen by the Board, receive no compensation for their services and act strictly voluntarily. The Board may employ, for the benefit of the Condominium, a management agent, legal counsel, accountant, and various contractors under term contracts or otherwise. COMMITTEES Committees composed of unit owners have been formed to provide aid and advice to the Board of Managers. Unit owners are encouraged to participate. Any unit owner interested in serving on committees should notify the Board in writing through the Management Agent.

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MEETINGS The By-laws call for one general meeting annually ('”Annual Meeting”). As of 2003, the annual meeting is scheduled in September. The Board, however, may call additional meetings of the unit owners as the need arises. In addition, the Board of Managers currently meets on a regular basis, each month, at the clubhouse. Generally, these meetings are closed to the public stated by notice. If you wish to address the Board, a request in writing should be made to the Board via the Management Agent, prior to the next monthly meeting. ANNUAL BUDGET Our fiscal year is from January 1 to December 31. A budget is prepared annually by the Board and is available to unit owners. The Board reviews the prior year's financial activities, and projects what the common charges will be for the next fiscal year. AUDIT A Certified Public Accountant retained by the Board of Managers audits the condominium receipts and disbursements annually. A certified report is prepared and made available to each unit owner prior to April of each year. ALTERATIONS Approval must be requested from the Board of Managers for alterations or installations of any type, to, on or affecting common or limited common elements. No work may commence until written approval from the Board has been obtained. A detailed plan or schematic drawing of the proposed alteration must be submitted to the Board through the Management Agent. Any alterations or additions to the common or limited elements will become a part of the common elements and cannot be removed without the consent a of the majority of the Board. The Board may request removal, or have removed, any unauthorized alterations to the common or limited common areas at the unit owner’s expense. The By-laws state that the Board may revoke approval if alterations have not been made as originally specified. In addition, the homeowner will be responsible to acquire any and all certificates of occupancy, required permits and approvals that may be required by the Village of Suffern Building Department. As a condition for approval; the unit owner may be requested to sign an indemnification agreement to the Board of Managers with regard to such alterations. Please see the Modification Request Form in the appendix of this handbook. PARKING Parking at The Commons is limited. Thus, your cooperation is essential to assure our safety and mutual benefit. Garages and driveways or two numbered spaces (for non-garage units) have been provided per unit. These are the only spaces designed for exclusive use by unit residents. Your visitors may park in visitor parking spaces only. No parallel parking against curbs shall be permitted, nor shall vehicles be allowed to park in, or block, fire zones, mailboxes, driveways, or in undesignated spaces. All vehicles parked in reserved, numbered or unnumbered, guest spaces must park “head-in” to space and may not back into spaces. Violators shall be fined in an amount determined by the Board. All residents should familiarize themselves with the rules and regulations specifically pertaining to use of parking spaces.

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REFUSE All household garbage must be placed neatly within plastic or metal covered containers owned by each unit owner. All residents should familiarize themselves with the rules and regulations specifically pertaining to garbage, trash disposal, and recyclable materials (glass, cans, plastics, newspapers, etc.) Carpet and carpet padding may NOT be left at curbs. Residents are required to have contractor remove carpet. Water heaters, furnaces or boilers must be removed by the contractor installing new equipment. SALE OR LEASE OF UNITS The By-laws require that a unit owner must obtain a waiver of the right of first refusal from the Board of Managers in connection with the sale or lease of a unit. A sale or lease cannot be legally consummated without this waiver. At any given time, no more than 10% (four(4)) condominium units may be rented. In the event four(4) units have been rented, Management will maintain a waiting list of residents who desire to rent their units. Once a rented unit ceases to be rented, either by sale or occupancy by the owner, the first person on the waiting list will be contacted and given the opportunity to rent his/her unit. If said unit is not rented within 60 days, that unit owner forfeits his/her right to rent at that time and said unit owner is placed at the end of the waiting list. The next individual on the waiting list will then be contacted and will have 60 days to rent his/her unit. Any unit owner purchasing a unit may not rent said unit for a period of two years immediately following purchase of said unit. After the two year period, said unit may be rented for a period of no longer than two(2) years. After the two(2) year period, said unit must be occupied by unit owner or sold. All unit owners must comply with the rules and procedures pertaining specifically to the sale and/or lease of units. See attached procedures in the appendix. PAYMENT OF COMMON CHARGES AND ASSESSMENTS In order to pay the common expenses that are needed to run the condominium, common charges are assessed to each unit. These common charges are determined by the Board, and in equal monthly payments and are due in advance on the first day of each month. When, in operation of the condominium, it becomes necessary to expend funds that have not been budgeted, a special assessment is levied to raise funds. A late charge will be levied against any unit owner whose payments have not been received by the 10th day of the month in which it is due. Prompt payment is necessary in order for the Board to properly manage the condominium expenses. Failure of a unit owner to promptly pay common charges puts an undue burden upon all other unit owners. The By-laws require the Board to take prompt action for collection of past due common charges and assessments. Delinquency will result in an action of either a money judgment or the filing of a lien or both. If it becomes necessary for the condominium to institute any legal action, the defaulting unit owner will be liable for all court costs and legal fees incurred by the condominium. Foreclosure proceedings may commence shortly thereafter. The Board, at its discretion, call in the balance of the fiscal year’s common charges in one payment as a result of a default.

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PETS Pets (dogs, cats or other household pets, not to exceed two (2) per home) are permitted provided they are not a nuisance to your neighbors. In no event shall pets be permitted in any portion of the Common Elements unless carried or on a leash and owners must pick up after their pets. No pets shall be permitted on any grassy area. MAINTENANCE REPAIRS AND OTHER CHARGES When the Board is confronted with common element repairs, care should be taken to identify the cause of the damage. The cost of repairs, which are made necessary by ordinary wear and tear or by the elements, must be absorbed in the condominium’s budget. When repairs must be made because of damage caused by the negligence, misuse or neglect of a unit owner, the By-laws require that the expense be assessed against the unit owner. The maintenance and repair of units, including but not limited to the electrical system, plumbing system, painting and decorating of the unit (except painting of the exterior surfaces of windows and doors which open from a home, which is the responsibility of the Board of Managers), repairs to individual gas heaters and air conditioning systems, repairs and replacements of windows and doors abutting a unit, repairs to pipes, wires and conduits located in and servicing the unit, shall be made by the respective unit owner at his/her own expense. Each unit owner shall also be responsible for the removal of snow, ice, and other accumulations from the deck appurtenant to the unit. Units without garages have the snow removed from decks as a part of common snow removal. Painting of the exterior surfaces of windows and doors which open from a unit, repairs to the Common Elements, repairs and maintenance of the parking area, maintenance and repair of the deck and the repair of any cracks in the foundation, walls or floors in the basement where there is water seepage, or the repair of any pipes, wires and conduits in one unit, which services more than one unit, shall be the responsibility of the Board of Managers. Any other repairs necessary to the basement shall be the responsibility of the homeowner. Each unit owner shall be responsible for the cost of repairing or replacing any common element, limited common element or Homeowners Association property required as the result of negligence, misuse, abuse, neglect or other act of a unit owner, his lessee (tenant), or his guest. INSURANCE The common elements, including all buildings, are covered by insurance paid for by common charges. Unit owners should contact the Board or the management agent before making any claim against our insurance company. Each unit owner is responsible for insuring his or her own personal possessions as well as additions or alterations. If you have any questions regarding insurance, please contact the management agent or your personal insurance agent. RULES AND REGULATIONS Both unit owners, their tenants and guests alike, must adhere to rules and Regulations promulgated by the Board. The rules and regulations set forth in this handbook are not necessarily all-inclusive; and are designed to promote a safe and harmonious environment that we may all enjoy. The Board may promulgate, from time to time, such reasonable rules and regulations as are necessary or desirable for the common good of the condominium residents.

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CONCLUSION If you have any questions concerning this handbook, please feel free to contact the Board of Managers. If you have any suggestions, please don't keep them to yourselves. The Board is open to new ideas and will review all suggestions promptly. Please submit your suggestions in writing to the Board through the management agent. Respectfully submitted, September 2004.

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RULES AND REGULATIONS The following is intended to be a compilation, by category, of the current rules and regulations

that you, as a Homeowner, should be aware of. This listing is not necessarily all-inclusive, and

the rules and regulations may be amended from time to time, as the Board of Managers shall

deem necessary. A violation of these rules may subject the unit owner to fines and/or other

legal action. The rules and regulations shall also apply to the guests and the tenants of any unit

owner, for whom the unit owner shall be responsible.

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COMMON AREA USAGE

1. Neither the front steps and portico nor the rear deck and steps may be covered by

Astroturf carpeting, or any similar material. This does not include reasonably sized doormats. No deck shall be enclosed, decorated or covered by an awning or otherwise, without the prior written consent of the Board of Managers.

2. All household trash must be disposed of within the containers at each unit. Failure to do

so will result in a fine. All magazines, newspapers, cardboard and other recyclables shall be bundled separately with biodegradable cord, and disposed of within the designated containers, in accordance with the local laws of the Village of Suffern.

3. The posting of notices, bills, and advertisements on common properly is not allowed.

4. The Common Elements shall not be obstructed, littered, defaced or misused in any

manner.

5. No Homeowner shall paint the exterior surfaces of the windows and doors opening out of the home.

6. Each Homeowner shall keep his deck free from snow, ice and water, and the

Homeowner shall not paint his deck or affix objects of any kind to its walls.

7. The sidewalks, entrances, passages, shall not be obstructed or used for any other purpose other than ingress and egress to and from the homes. Front steps (stoops) may not be used for storage of any items.

8. Each Homeowner shall be responsible for the maintenance, repair and replacement of

his own heating and air conditioning unit which unit is located in the basement area appurtenant to the home.

9. No awnings or window guards shall be used in or about any home without the prior

written consent of the Board of Managers. No radio or television aerial, or satellite dish (except those dishes approved by the Board installed by the approved contractor) shall be attached to or hung from the exterior of the buildings and no sign, notice, advertisement or illumination shall be inscribed or exposed on or at any window or other parts of the buildings.

10. No animals or reptiles of any kind shall be raised, bred or kept in any home or in the

Common Elements, except that dogs, cats or other domestic household pets not to exceed two per home, may be kept in the homes, subject to the rules and regulations adopted by the Board of Managers, provided that they are not kept, bred or maintained for any commercial purposes, and provided further that any such pet causing or creating a nuisance or reasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days written notice from the Board of Managers. In no event shall any pet be permitted in any portion of the common areas, or on any grass area under any circumstances. Each unit owner shall be responsible to pick up after the pet.

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LEASES

1. Application for permission to lease a unit must be requested through the Managing

Agent at least sixty (60) days prior to the start of the proposed lease term.

2. Application for permission to lease a Unit must be made in writing to the Managing Agent, and must be accompanied by a copy of the proposed lease by certified mail, return receipt requested.

3. No unit owner may lease his unit for a Lease Period of less than 1 year or more than 2

years.

4. Any application to rent a unit must be accompanied by a sum equivalent to one month's Lease Security, to be deposited with the Board or its agent in an non-interest bearing account.

5. In no event shall the sum deposited as a Lease Security be less than $1,250.

6. The total number of rental units shall at all times be limited to a maximum of 4 units for

the whole of The Commons at Bon Aire Condominiums.

7. There will be no subletting of any rental units.

8. A waiting list will be maintained by the Board to control the assignment of available rental units to Homeowners. A 60-day maximum period will be allowed during which the Homeowner may secure a tenant.

9. For consideration of Lessee’s responsibilities to the Condo, members of the Lessee's

household, and guests of the Lessee shall be considered members of the Unit Owner's household.

10. Any unit owner purchasing a unit may not rent said unit for a period of two years

immediately following purchase of said unit. After the two year period, said unit may be rented for a period of no longer than two(2) years. After the two(2) year period, said unit must be occupied by unit owner or sold.

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COMMON CHARGES AND ARREARS

1. Any homeowner in arrears of common charges and/or assessment is subject to an additional $25.00 fine for each month that the account remains in arrears.

2. Any homeowner found to be in Arrears for more than two (2) months common charge is

subject to suit by the Board of Managers for the collection of those arrears, as well as the collection of all legal fees, costs and disbursements incurred in the process of that litigation.

3. Common charges will be combined with HOA and monthly dues. Both shall be paid as a

single payment to The Commons at Bon Aire Condominiums.

PARKING

1. The Board of Managers has established Fire Zones, which are set forth on a map maintained by the Board, and said Zones are marked on the Condo property with yellow paint.

2. Parking is forbidden in all Fire Zones, at all times.

3. The unmarked free spaces within The Commons at Bon Aire Condominiums are

reserved for the exclusive use of Commons homeowners' guests. Guest parking is limited to overnight in these spaces. If a guest is visiting for a period of time over 24 hours, the guest car is to be parked in the unit owner’s reserved space with the unit owner using the guest parking lots. (If the unit owner wishes to retain his reserved space for his own use, the guest car must be parked in the guest parking lots).

4. Unregistered and/or uninspected cars are not permitted to be parked in the guest

parking spaces at anytime, and are subject to removal at the owner's expense.

5. No person shall park a vehicle in or otherwise obstruct ingress or egress to another Homeowner's restricted parking space.

6. In order to permit and facilitate efficient snow removal within the courts and common

areas, homeowners should remove their vehicles so that snow plows can "snow plow" the area free of snow without interference.

7. No person shall exceed the posted speed limits within the condominium complex. Speed

bumps have been installed to promote the safety of the residents of the condominium. Any damage caused to persons or vehicles resulting from traveling over such speed bumps at an excessive speed shall not be the responsibility of the Board.

8. No major repairs to vehicles shall be permitted in any parking area.

9. Vehicles parking in reserved, numbered spaces, or unreserved, guest spaces must park

“head-in” and not back into spaces.

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FINES IN GENERAL

1. The Board of Managers has the power to direct its management agent to add any fines assessed by the Board of Managers to the Common Charges against any homeowner, for any violation of its Rules. It is the Board’s policy to require corroboration of any violation by at least two complainants before imposing a fine.

2. A unit owner is responsible and subject to fines for violations of any Condo rules,

Regulations, or By-laws by the unit owner, any member of his household, his guests, or his tenants and their families and their guests.

3. The fines for trash dumping on Commons at Bon Aire grounds will be:

a. First Offense: $100.00 b. All Subsequent Offenses: $200.00

4. The fines for Parking violations will be;

a. First Offense: $ 25.00 b. Second Offense: $ 50.00 c. Third and all subsequent offenses $100.00

5. The fines for Pet Handling (curbing, cleaning after, etc.) violations will be:

a. First Offense: $100.00 b. Second Offense: $200.00 c. Third and all subsequent offenses: $300.00

6. All violations not listed above are:

a. First Offense: $ 25.00 b. Second Offense: $ 50.00 C. Third and all subsequent offenses $100.00 The imposition of fines by the Board of Managers shall not prevent the Board from seeking any other, further and/or additional relief to which the Board shall be entitled, or from enforcing the Board's rights. The Board reserves its right in enforcing such rights.

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ORIGINAL By-Laws Of

THE COMMONS AT BON AIRE CONDOMINIUM Article VIII

House Rules Section I House Rules

In addition to the other provisions of these By-Laws, the following house rules and regulations together with such additional rules and regulations as may hereafter be adopted by the Board of Managers shall govern the use of the Units and the conduct of all residents thereof:

1. Owners of Units shall not use or permit the use of the premises in any manner that would be disturbing or a nuisance to other Unit Owners, or in such a way as to be injurious to the reputation of the Condominium.

2. The Common Elements shall not be obstructed, littered, defaced or misused in any

manner.

3. Every Unit Owner shall be liable for any and all damage to the Common Elements and the property of the Condominium, which shall be caused by said Unit Owner, a member of his household, his guest or any other person for whose conduct he is legally responsible.

4. Every Unit Owner must perform promptly all maintenance and repair work to his own

Unit, which, if omitted, would affect the Community it its entirety or in a part belonging to other Unit Owners, he being expressly responsible for the damages and liabilities that his failure to do so may engender. All the repairs to internal installations of the Unit located within the Unit or within the Common elements irrevocably restricted in use to the owner thereof and servicing only that unit, including but not limited to oil burners, power, telephone, cable/satellite and sanitary installations, shall be at the Unit Owner’s expense.

5. A Unit Owner shall not make any structural or any other physical modifications to the

Unit or other alterations without the written consent of the Board of Managers. Consent may be requested through the Management Agent, if any, or through the president of the Board of Managers, if no Management Agent is employed. The Board of Managers shall have the legal obligation to answer within thirty days after a complete application for such approval has been submitted to the Board of Managers and failure to do so within the stipulated time shall mean that there is no objection to the proposed modification or alteration. Such application shall comply with any rules adopted by the Board of Managers relating to such alterations.

6. No deck shall be enclosed, decorated, painted, stained, carpeted or used for permanent

storage or covered by awning or otherwise, without the prior written consent of the Board of Managers or Managing Agent. In addition, any and all holiday decorations must be removed within two weeks past the holiday.

7. No Unit Owner shall paint the exterior surfaces of the windows and doors opening of his

unit.

8. No person shall park a vehicle in or otherwise obstruct ingress or egress to another Unit Owner’s driveway. Furthermore, parallel parking is prohibited anywhere on Jamie Court to permit access of emergency vehicles at anytime. All

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unit owners must park their vehicles in designated areas. All Unit Owner’s are responsible to inform all guests regarding above-mentioned parking rules.

9. Each Unit Owner shall keep his deck free from snow, ice and water, and in addition, the

Unit Owner shall not affix objects of any kind to its walls.

10. The sidewalks of the Buildings shall not be obstructed or used for any other purpose than ingress and egress to and from the Units.

11. Unit Owner’s shall not hang or shake anything from windows, or place any objects upon

outside windowsills of the Buildings.

12. Each Unit Owner shall be responsible for the maintenance, repair and replacement of his own heating unit, which unit is located in the basement area appurtenant to the Unit.

13. .Each Unit Owner shall keep his Unit basement and garage area (in buildings A, B, C,

and E) in a good state of preservation and cleanliness and shall not sweep or throw, or permit to be swept or thrown there from, or from the doors or windows thereof, any dirt or other substance.

14. No awnings or window guards shall be used in or about any Unit except such as shall

have been approved in writing by the Board of Managers or Managing Agent, which approval may be granted or refused is the sole discretion of the Board of Managers or the Managing Agent.

15. No awning, Satellite Dish, Radio or Television aerial shall be attached to or hung from

the exterior of the Buildings and in addition, no sign, notice, advertisement or illumination shall be inscribed or exposed on or at any window or other parts of the Buildings, except such as shall have been approved in writing by the Board of Managers or the Managing Agent, nor shall anything be projected from any window of the Buildings without similar approval.

16. No garbage can shall be placed in or on any other portions of the Common Elements,

except such areas as may be specifically designated for the purpose by the Board of Managers. The designated areas are as follows: As a Unit owner you are responsible for the return of your own garbage pails and recycling bins to the designated STORAGE AREA SHEDS in Building “D” and INSIDE GARAGES for all other buildings on the same day as collections are made. No garbage cans and/or recycling bins shall be stored outside. If this house rule is not followed a fine of $25 for the first infraction, $50 for the second time and $100 thereafter. THIS RULE WILL BE STRONGLY ENFORCED.

17. Unit Owners shall not cause or permit any unusual or objectionable noise or odors to be

produced upon or to emanate from their units.

18. No Unit Owner or any of his agents, servants, employees, licensees or visitors shall at any time bring into or keep in his Unit any flammable, combustible or explosive fluid, material chemical or substance, except for normal household use.

19. If any key or keys are entrusted by a Unit Owner or by any member of his family or by

his agent, servant, employee, licensee or visitor to an employee of the Board of Managers or of the Managing Agent, other than as provided for in subparagraph (28) hereof, whether for such Unit Owner’s Unit or an automobile, trunk or other item personal property, the acceptance of the key shall be at the sole risk of such Unit Owner, and neither the Board of Managers nor the Managing Agent shall be liable for injury, loss or damage of any nature whatsoever, directly or indirectly resulting there from or connected therewith.

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20. Garbage cans and recycling bins shall be placed in a place designated by the Board of

Managers the night prior to the day garbage shall be collected. The Board of Managers has designated the edge of your driveway or the curb next to your driveway in Buildings A, B, C, and E and in front of the garbage can storage bins in building “D” as the designated place for your garbage cans and/or recycling bins prior to the day garbage is collected. Storage bins are provided for the sole purpose of storing garbage cans and recycling bins, they are NOT to be used for storage. Unit Owner’s will be notified regarding garbage and recycling schedule by The Board of Managers and/or the Managing Agent. Please note: refer to house rule # 6 regarding return of garbage pails and/or recycling bins.

21. All radio, television or other electrical equipment of any kind or nature installed or used in

each Unit shall fully comply with all rules, regulations, requirements or recommendations of the New York Board of Fire Underwriters and the public authorities having jurisdiction, and the Unit Owner alone shall be liable for any damage or injury caused by any radio, television, computer or other electrical equipment in such Unit Owner’s Unit.

22. No baby carriages, bicycles, scooters or similar vehicles shall be allowed to stand in

portions of the Common Elements, such as front porch entrance area and rear decks. In addition, there shall be no sunbathing on any portions of the Common Elements.

23. No Unit Owner shall make or permit any disturbing noises in the Building, or do or permit

anything to be done therein, which will interfere with the rights, comforts or conveniences of other Unit Owners. No Unit Owner shall play upon or suffer to be played upon any musical instrument, or operate or permit to be operated a stereo, radio, television set or other loud speaker in such owner’s Unit between the hours of eleven o’clock P.M. and the following seven o’clock A.M., if the same shall disturb or annoy other occupants of the Buildings, and in no event shall practice or suffer to be practiced either vocal or instrumental music between the hours of ten o’clock P.M. and the following nine o’clock A.M.

24. Under no circumstances are owners to walk their pets on the grass areas and thus

must be curbed at all times. Alt solid animal waste must be removed by owner and disposed of properly. No animals or reptiles of any kind shall be raised, bred or kept in any Unit or in the Common Elements, except that dogs, cats or other household pets, not to exceed two (2) per unit, may be kept in the Units, subject to the rules and regulations adopted by the Board of Managers, provided that they are not kept, bred or maintained for any commercial purpose; and provided further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property subject to these restrictions upon three (3) days written notice from the Board of Managers. In no event shall any dog be permitted in any portion of the Common Elements unless carried or on a leash or on any grass area under any circumstances.

25. Water closets and other water apparatus in the Buildings shall not be used for any other

purpose other than those for which they are designed, nor shall any sweepings, rubbish, rags or any other articles be thrown into the same. Any damage resulting from misuse of any water closets or other apparatus in a Unit shall be repaired and paid for by the owner of such Unit.

26. No occupant of the Unit shall send any employee of the Board of Managers or of the

Managing Agent on any private business.

27. The agents of the Board of Managers or the Managing Agent, and any contractor or workman authorized by the Board of Managers or the Managing Agent may enter any

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room or Unit in the Building at any reasonable hour of the day for the purpose of inspecting such Unit for the presence of any vermin, insects or other pests and for the purpose of taking such measures as may be necessary to control or exterminate any such vermin, insects or other pests.

28. No storm doors or windows shall be installed in any Unit without the prior written consent

of the Board of Managers or the Managing Agent. The color of any storm door to be installed shall match the front trim color, which is WHITE.

29. Any and all alterations which have been approved by the Board of Managers shall be in

compliance with all necessary requirements or approvals; including but not limited to building, zoning, fire and electrical. A Unit Owner shall submit proof of such approvals to the Board of Managers upon completion of any alterations.

Section 2 Parking Rules The Board of Managers may promulgate such rules and regulations relating to parking in from time to time as they shall feel are necessary. The following parking rules and regulations together with such additional rules and regulations as may hereafter be adopted by the Board of Managers shall govern the use of the parking areas and spaces and the conduct of all residents thereof:

1. No commercial trucks, pick-up trucks, travel trailers, boats, vans limousines or any similar property may be parked on the Condominium grounds except trucks there temporarily for the purpose of making delivery, pickup or repairs.

2. It is the Unit Owner’s obligation and responsibility to educate their tenants and guests of

the Parking Rules.

3. At no time may any unit owner, Tenant or guest park in an undesignated spot or area.

4. All vehicles must at all times maintain all necessary identification tags, license plates, insurance and inspection stickers. The condominium sticker designated blue with a white “J” is to be displayed on the rear window of the driver’s side.

5. Only Unit Owners and Tenants may wash their own personal vehicle within the

Condominium grounds. Unit Owners and tenants may not wash their guests’ vehicles nor may the guest wash their own vehicle.

6. Unit owners, Tenants and guests shall refrain from honking horns, playing vehicle

radios/CD’s too loud and testing their vehicle alarms on Condominium grounds.

7. Oil changes and other vehicle maintenance is prohibited with the exception of routine wash, wax and vacuum.

8. Unit owners, Tenants and guests must observe Snow Removal Procedures as may be

promulgated by the Board of Managers and/or Managing Agent.

9. Unit Owners in the A, B, C, and E buildings must park their vehicles in their garage and/or driveway. Guest parking is available opposite building B only. Only head on parking is allowed in all parking spaces, both reserved and guests. Additional parking is available during snow removal procedures and for guests in front of the pool office.

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10. Violation of the Parking Rules will be handled as follows: • First Offense- Warning Letter; • Second Offense-$25.00 Fine; • Third Offense -$50.00 Fine and Warning of Towing; and • Fourth Offense $100.00 Fine and Towing at Owners Expense. • The Board of Managers forth herein may Modify the monetary amounts set.

11. All garages are to be used for parking of vehicles and not for commercial storage of

commercial supplies for business. The Board of Managers and/or Managing Agent can inspect to see if area complies with Fire and Building codes.

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THE COMMONS AT BON AIRE CONDOMINIUMS REQUEST FOR MODIFICATION

I, _________________________, hereby request approval by the Board of Managers of The Commons at The Commons at Bon Aire Condominiums for the modification shown below to Unit # ____________Jamie Court located at The Commons at Bon Aire Condominiums: _____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Contractor(s) that will be used for the modification: 1. The undersigned will be allowed limited access to the common areas as required for

the above said modification. The undersigned or the undersigned’s contractor at the expense of the undersigned shall repair any damage done to the common elements as a result of the said modification.

2. The undersigned will be held directly responsible for any damage caused as a result

of the work performed in modifying the common elements. 3. The undersigned agrees to hold harmless the Board of Managers and the

Condominium and Lightyear Property Management Corp. for any damage, injury or other liability that may result from the existence, use or misuse of any work performed in modifying the common elements.

4. The undersigned agrees to deposit with management the sum of $500 that shall be

held in escrow in a non-interest bearing account. For the following list of modifications, the full balance of $500 will be returned upon completion of the modification and a satisfactory inspection by management:

window replacement sliding door installation 5. For the following modifications, $250 of the deposit will be returned upon completion

of the work and a satisfactory inspection by management. The balance, in the sum of $250 will remain on deposit until the first anniversary after the work has been completed:

basement finishing attic ventilator fan installation

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fireplace installation any modification where the roof is penetrated or the foundation may be nailed into 6. Said sum shall be used to insure that all work done by and for the undersigned shall

be done in a workmanlike manner and to insure against damage that may occur as a result of said work. In the event that the said modification caused damages in excess of $500, the undersigned shall be liable for the additional damages and the undersigned’s liability shall not be limited to $500.

7. The undersigned agrees to hold the Board harmless against all attorneys’ fees and

court costs which it may incur as a result of the actions of the undersigned or the undersigned’s agents or contractors in pursuance of the work to be performed in modifying the common elements.

8. The undersigned agrees that all contractors working on the common elements in

connection with the above said modification, are working as the undersigned’s agent at the undersigned’s request and they are not acting as the agent of or as a contractor of the Board of Managers, the Condominium or Management in any manner whatsoever.

9. The undersigned agrees to have all work comply with all applicable Federal, State

and local laws and to obtain all necessary licenses and/or permits. 10. The undersigned agrees to submit to the Board, plans for said work which must be

approved, in writing, before any work is commenced. 11. All contractors shall possess a current Rockland County License (Electrician,

Plumber, Home Improvement, etc.) of which copies of all licenses shall be submitted with this application.

12. Contractors shall possess insurance. A certificate of insurance, naming The

Commons at Bon Aire Condominiums and Lightyear Property Management Corp. as additional insureds, shall be submitted along with this application.

13. It is hereby agreed that all materials used for the purpose of the above said

modification or left as a result of the modification shall be removed from the common elements within two (2) days of substantial completion of the work performed. If this is not done, the Board shall cause the debris and materials to be removed and the cost thereof shall be deducted from the funds in escrow.

14. This agreement shall be assigned to any successor, heir, assignee or purchaser and

such successor, heir, assignee or purchaser shall assume all liability under this agreement, but under no circumstances shall the undersigned be relieved of legal responsibility. It shall be the undersigned’s responsibility to make the assignment of this agreement.

15. The undersigned acknowledges that any consent or approval given by the Board of

Managers may be added to, amended or repealed at any time by resolution of the Board of Managers. A violation of any of the terms herein by the undersigned shall cause an immediate termination of the approvals contained herein.

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16. The failure of the Board of Managers to act pursuant to the terms of this agreement

shall not be deemed a waiver of any of its rights hereunder or as set forth in the By-Laws and Declaration of Condominium.

Attached please find the following additional information:

• A copy of the contractor’s Rockland County Home Improvement License. • A certificate showing that contractor has liability and workman’s

compensation insurance. • Plans for modification (when applicable) • Village of Suffern Building Permit (when applicable)

Use additional sheets if necessary.

Owner(s) Signature(s):__________________________________________________

The above request for modification to Unit # ________ has been: ( )APPROVED

( )APPROVED WITH THE FOLLOWING CHANGES ( )DISAPPROVED

_____________________________________________________________________

_____________________________________________________________________

DATE:______________ BOARD OF MANAGERS_______________________

DATE:______________ MANAGING AGENT___________________________

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Lightyear Property Management Corp.

P.O. Box 547 Suffern, New York 10901 (845) 368-3300 Fax (845) 368-1553

[email protected] www.lightyearmanagement.com

Re: THE COMMONS AT BON AIRE CONDOMINIUMS Please be advised that in reference to the above matter we are the Managing Agent for the Condominium. The Board of Managers requires the following be provided before the waiver to the right of first refusal can be issued. 1. A fully executed copy of the signed contract of sale. 2. Checks in the following amounts made payable to Lightyear Property Management

Corp. as Agent - Security

a) $250.00 from the Seller – ($150 move-out security deposit plus $100.00 processing fee).

b) $250.00 from the Purchaser ($150.00 move-in security deposit plus $100.00 processing fee).

c) Two months common charge payment (presently $214.00 per month) towards the capital improvement fund. This fee is non-refundable and is not an advance on monthly common charges. Check must be made payable to: The Commons At Bon Aire Condominiums.

Upon receipt of the above, your request will be promptly processed. We would like to point out at this time Common Charges must be paid through the last day of the month in which you wish to close. The security deposits will be refunded provided no damage has been caused to the common elements and all necessary closing papers are returned to this office. Closing papers are: a Power of Attorney, a Carbon Monoxide Detector Representation Sheet, and a Closing Information Sheet (these items will be forwarded with the waiver letter once the contract and two checks are received). The condominium insurance agent is Lawley Richwood Agency at 914-345-7000. Very truly yours, Lightyear Property Management Corp. Laurence D. Palant President

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Lightyear Property Management Corp.

P.O. Box 547 Suffern, New York 10901 (845) 368-3300 Fax (845) 368-1553

[email protected] Re: The Commons at Bon Aire Condominiums Please be advised that in reference to the above matter we are the Managing Agent for the Condominium. The Commons at Bon Aire Condominiums has a rental restriction that limits the number of rentals to no more that four (4) at any time. Additionally, owners must occupy their unit for a minimum of two (2) years before the unit can be rented. Once rented, a unit may be rented for one two (2) year term only. After that term, the unit must be reoccupied or sold. The Board of Managers requires the following be provided before the waiver to the right of first refusal can be issued. 1. A fully executed copy of the signed lease including the attached LEASE RIDER. The rider must be signed by both Owner and Tenant. 2. Checks in the following amounts from the Owner as waiver and processing fee made payable to Lightyear Property Management Corp.: $100.00 for a new lease or $50.00 for a lease extension and $1250 (payable to The Commons at Bon Aire) as security (if not previously sent) which is refundable if no damages or other expenses are incurred by the Condominium during the rental period. Checks must be from Owner or Owner's Attorney. Checks from tenants will not be accepted. 3. Enclosed RENTAL INFORMATION sheet completed in full. Upon receipt of the above items your request will be promptly processed. We would like to point out at this time that all Common Charges plus any past due amounts must be paid up to and including the month the lease commences. If a waiver is not requested and received by the unit owner before a lease commences tenant occupancy is not permitted. If a violation occurs and until it is removed; the lease is null and void, a daily fine will be imposed as additional common charge, legal action taken against the Owner, and steps taken to remove the trespassers vehicle. Very truly yours, Laurence D. Palant Lightyear Property Management Corp. RENTING REQUIREMENTS 1. A signed copy of a LEASE or an EXTENSION AGREEMENT. 2. RIDER to lease fully executed. 3. TENANT INFORMATION SHEET fully executed. 4. LANDLORD/TENANT(S) ACKNOWLEDGMENT SHEETS fully executed. 5. CERTIFICATION OF TAXPAYER ID NUMBER FORM fully executed. 6. LEAD PAINT DISCLOSURE FORM fully executed. 7. SECURITY DEPOSIT in the amount of $1,250.00 (Payable to The Commons at Bon Aire) (If not

already on deposit). 8. WAIVER FEE (Payable to Lightyear Prop. Mgmt. Corp.) in the amount of: NEW LEASE $100.00

- EXTENSION $50.00.

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RIDER TO LEASE FOR UNIT_____________

1) Acceptance of this lease by the Tenant(s) shall constitute the assumption of the provisions of the Declaration, By-laws, and Rules and Regulations of The Commons at Bon Aire Condominiums, as the same may be amended from time to time, as if the aforesaid were set forth, in full, herein. Where the terms, conditions and provisions of this lease are in conflict with the provisions of the Declaration, By-laws, and Rules and Regulations of The Commons at Bon Aire Condominiums, the provisions of the Declaration, By-Laws, and Rules and Regulations of the Condominium shall prevail: where there is no conflict, the provisions of the Declaration, By-Laws, and Rules and Regulations shall be deemed supplemental and additional to the terms and conditions of this lease.

2) No pets, including dogs or cats are permitted in the unit or on the common property, nor may any visitors bring pets onto the premises.

3) The unit is intended for residential use only.

4) A two (2) bedroom unit shall not be occupied by more than four (4) persons and at least one must be an adult. Further, additional bedrooms may not be added to a unit.

5) All automobile(s) must have current registration and inspection and no storage is permitted. All other vehicles including boats, trailers, limousines, for-hire vehicles, trucks and campers are specifically excluded, including those displaying any type of commercial or business lettering and/or advertisements, or those vehicles used for trade.

6) This lease shall be for a term that is not more than nor less than one (1) year. No month to month permitted under any circumstances.

7) This lease may not be modified, amended, extended, or assigned without the prior consent, in writing, of the Board of Managers.

8) The Tenant shall not assign its interest in such lease or sublet the premises or any part thereof without the prior consent, in writing of the Board of Managers.

9) (a) The Board of Managers shall have the power to terminate this lease and/or bring summary proceeding to evict the Tenant in the name of the Landlord thereunder, in the event of a default by the Tenant in the performance of its obligations under the lease.

(b) The Board of Managers shall have the right to terminate the lease on not less then thirty (30) days prior written notice upon foreclosure of the lien granted by section 339-z of the Real Property Law of the State of New York.

(c) The Board of Managers may enter into a sublease of the unit. LANDLORD______________________________ TENANT_________________________ DATE__________________________________ TENANT__________________________

RENTAL INFORMATION SHEET RENTAL UNIT NUMBER___________ LANDLORDS NAME________________________________________________________ TENANTS NAMES_________________________________________________________ DATES OF LEASE ( only one year permitted)_____________________________ RENT (monthly amount)_________________________________________________ OCCUPANCY DATE BY TENANT______________________________________________ LANDLORDS MAILING ADDRESS_____________________________________________ ______________________________________________________________________ TELEPHONE NO____________________ TENANT INFORMATION; TELEPHONE NUMBER_________________ please note: occupancy restrictions per lease rider apply MEMBERS OF FAMILY OTHER THAN ABOVE AGES _________________________________________________ __________________ _________________________________________________ __________________ _________________________________________________ __________________ AUTOMOBILE INFORMATION limited to two per family and excludes all other types of vehicles MAKE___________________LICENSE#___________________COLOR___________ MAKE___________________LICENSE#____________________COLOR__________ Please return this sheet with lease and rider to: Lightyear Property Management Corp. P. O. Box 547 Suffern, NY 10901-0547

The Commons at Bon Aire Condominiums LANDLORD/TENANT(S) ACKNOWLEDGEMENT

I (we) acknowledge that I (we) have read the rules and regulations of The Commons at Bon Aire Condominiums and that my (our) failure to abide by same will subject my (our) landlord to fines that may be imposed by the Condominium Association. I (we) further understand in accordance with the rules and regulations that I (we) may not harbor any dogs or cats in the Condominium unit or basement nor on the common areas of the property. I (we) understand that there are no trucks or commercial vehicles permitted to be parked on the premises or anywhere on Condominium grounds. I (we) have read and understand the local recycling rules and regulations of the Village of Suffern. I (we) understand that if I (we) violate any of the Condominium rules and regulations, I (we) will be subject to legal action and fining. ____________________________ _________________________________ Dated Signed Tenant _________________________________ Signed Tenant ___________________________ _________________________________ Dated Signed Landlord _________________________________ Printed Landlord

LEASE EXTENSION AGREEMENT (for renewals)

Landlord:__________________________ Tenant(s)____________________________

____________________________ ____________________________

Address of Landlord: Address of Rental Unit: _________________________________ _______________________________ _________________________________ _______________________________ _________________________________ A certain lease between the above parties for the rental unit address noted is hereby extended as follows: All terms and conditions of the existing lease and rider are to remain the same. The period of the lease shall be extended for (months)(days)________________ and, commencing on (date)__________________ through (date)_____________________. The rent is to (remain the same)/(increase to $________________ monthly) and no additional security is required. LANDLORD: TENANT(S): _____________________________ ___________________________________ _____________________________ ___________________________________ Date:_____________________