A key design goal of 100 Boulder was to minimize the common areas and subsequent association responsibility, resulting in uniquely low monthly association dues. The association structure allows owners to experience lower insurance rates because the casualty and liability insurance is covered by their monthly dues. Details are available in the Handbook and the Budget.
The Handbook of Rules and Regulations is published by the Board of Directors of the 100 Boulder Condominium Association (the “Association”) under the authority and direction of the Declaration of Unit Ownership Estates for 100 Boulder (the “Declaration”) and the Amended and Restated Certificate of Incorporation (Article IV, Paragraph (b)). A copy of the Declaration is included with this Handbook. The Rules and Regulations outline policy and procedure for the many aspects of condominium ownership and provide guidelines for the smooth daily operation of 100 Boulder. Of paramount importance are the safety and wellbeing of every Condominium Unit Owner (“Owner”), guest, visitor, staff member and support person. By adhering to these regulations, all Owners will have the highest confidence in the security and overall operation of the building.
The Board of Directors of the Association reserves the right to change any of the rules by rescinding or amending, or to make such other rules or regulations as are deemed necessary to provide for the comfort and convenience of all members and for the safety, care, proper maintenance and cleanliness of the property.
Access to 100 Boulder is controlled via electronic access cards and a keypad. Access cards (3 initial) are issued to Owners by 100 Boulder. Any additional cards are billable to individual Owners through the monthly assessment. Also, each Owner will be assigned a pin number for access to keypad for entry at the north and south gates.
The installation of antennae and/or satellite dishes for radio or television on patios and balconies is prohibited. Provision has been made for rooftop installation of this equipment – installer must coordinate through 100 Boulder. No flags may be draped or hung on poles from windows, balconies, or patios.
No window drapes can be installed without prior approval of the Board of Directors of the Association.
Balcony and patio treatments are an important part of the exterior look and the attractiveness of 100 Boulder. No visible changes are to be made to the balcony, patio, or exterior of the building around the balcony and patio including walls, ceilings, trellises, floors and railings. A balcony and patio may not be enclosed or used for storage purposes.
Nothing may be hung from any balcony or patio railing or wall. Balcony and patio umbrellas must be secured and of a neutral or complimentary shade to the color scheme of the building exterior. Any exceptions must be approved by the Architectural Control Committee.
Outdoor carpeting may not be installed covering the balcony or patio in any way.
Each Owner will maintain their balcony or patio in a clean manner at all times, taking care that the cleaning does not inconvenience other Owners. Plants and all trees and shrubs must be watered, maintained and not allowed to overgrow.
In the event any repairs are necessary to the balcony, patio or other exterior area (including the glass railings), such repairs are the responsibility of Owner but such repairs must be conducted by contractors on an approved list of the Association.
Use of cooking grills on balconies and patios is permitted.
The business, property and affairs of the Association shall be managed, controlled and conducted by a Board of Directors. The initial Board of Directors shall consist of not less than three (3) or more than five (5) members. Elections to the Board, terms of office, and powers of the Board are governed by Article III, Sections 1-14 of the Bylaws of the Association.
Appropriate attire must be worn at all times when in all Common Elements.
The sidewalk and entrances must not be obstructed or encumbered or used for any purpose other than ingress or egress to and from the premises. Storage of any kind is prohibited in the Common Elements.
Signs, advertisements, signals or illuminations shall not be inscribed or exposed on any window or other part of the building.
Skateboarding, rollerblading, bicycling, and/or any other activities which create a nuisance, damage the common property, or disrupt the peace are prohibited.
An Owner, family member, guest, agent, employee, invitee or other authorized occupant or visitor of such Owner, who damages any portion of the Common Elements or any Condominium Unit due to the act or neglect, such Owner shall reimburse the amounts paid to repair such damage.
Security Company 918-000-0000
CONTRACTORS – ALTERATIONS & REMODELING
Alterations of any kind to any Common Elements of the building may not be performed without the written consent of the Architectural Control Committee in accordance with the Declaration.
Contractors may be admitted to Condominium Units only by Owners personally or by 100 Boulder with prior written authorization of the Board of Directors. Owners are responsible for contractors while they are on the property. Work of any kind, whether performed by contractors or by the Owner themselves, must be done Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. No construction work is allowed on Saturday, Sundays or legal holidays except with prior written approval of the Board of Directors.
Remodeling or renovation of Condominium Units which involves cutting, moving or removing walls or ceilings, or any changes which could affect the structure or common systems of the building (e.g. electrical, plumbing, mechanical) must have the prior written approval of the Architectural Control Committee before any work commences. All permit requirements set by law or government regulations must be obtained before any work commences.
Contractor vehicle parking will be limited to open curb parking and loading/unloading points designated in the alley with written approval by the Board of Directors. Contractor must contact the Board of Directors of the Association so parking can be coordinated. Contractor vehicles in disrepair (i.e. – dripping oil or fluids) will be prohibited from parking on-site. Contractors MAY NOT park in the rear alley, but may ONLY UNLOAD in that location. There is NO PROVISION for the set-up of shop tools or work spaces of any kind in the parking garage and only in the rear alley with written approval by the Board of Directors. In addition, contractors may not operate any power equipment on any balcony or patio. Any exceptions to these rules must be made by the Architectural Control Committee.
All weekday a.m. newspapers will be delivered to the resident’s mail boxes which are located at the south entrance gate of the building.
Deliveries of furniture and appliances, etc. will enter the building through the rear alley or in front of the Condominium Units from loading zones. Owners must be present or arrange for someone to be in the Condominium Unit at the time of delivery of all large goods – e.g. furniture, electronics, exercise equipment, etc.
FLOWERS, DRY CLEANING, PIZZA & OTHER SPECIAL SERVICES
These delivery services will ALL deliver to the Condominium Unit. Owners must arrange for dry cleaners, food and other special deliveries.
All exterior portions of each Condominium Unit (including any draperies, windows and window frames, patio or balcony doors, walls, railings, patio umbrellas, etc.) must conform to the building standard. No change to window treatments within any residence and visible from the exterior of such Condominium Unit shall be allowed. No interior window treatments shall be permitted if the Architectural Control Committee determines that such treatments are an unsightly distraction from the appearance of the building. All changes or additions are subject to approval before purchase and/or installation.
Owners’ staff may be issued an access card or given Owner’s pin # at the request of the Owner. Staff parking may be provided by Owner or curbside as available to the public.
The Common Elements of the building and the property itself will be treated on a periodic basis as part of regular building maintenance. Additional treatments required by individual Owners shall be with the same vendor as retained by the Association. Such additional treatments will be the responsibility of the individual owner.
If you see smoke, flames or smell something burning, immediately:
• Isolate the fire if possible by closing the door
• CALL 911
In case of a fire alarm in the building, the alarm will initially sound one floor above and one floor below. If an alarm is heard, prepare to evacuate.
No firewood shall be stored on the balconies, patios or Common Elements.
Visitors will enter through the north and south entrances and proceed to the resident’s Condominium Unit.
Inside holiday decorating is at the discretion of the Owner. The use of real (living or dead) Christmas trees, wreaths, boughs, and greenery is discouraged unless extreme caution is taken with regard to lighting and placement. Trees lit with real candles are prohibited.
Balcony decorations must be tasteful and within these limits:
No large displays – lit or otherwise.
No light strings, lanterns, or greenery may be attached to balconies or fixtures. Lighted decorations may not blink.
Each Owner shall be required to obtain and maintain property insurance upon its respective Condominium Unit, including all fixtures, installations or additions thereto contained within the unfinished interior surfaces of the perimeter walls, floors and ceilings of such Condominium Unit. Insurance coverage on the furnishings or other items of personal property belonging to an Owner within each Condominium Unit is specifically the obligation of each Owner. Each Owner shall be required to obtain and maintain general liability insurance in an amount of not less than $1,000,000 (periodically adjusted for inflation). Such insurance shall name the Association as an additional insured. Any Owner may also obtain additional insurance at its own expense for its own benefit. The Association shall not be responsible for procurement or maintenance of any insurance covering the liability of any Owner not caused by or connected with the Association’s operation or maintenance of the condominium project.
Each Owner must furnish to the Association at the outset of ownership, and annually thereafter, current Certificates of Insurance, evidencing the required coverage as set forth herein.
The mailboxes at the south entrance are subject to Federal use guidelines. There is NO PROVISION for the distribution of flyers and notices. All handbill solicitation will be prohibited. Owners may not distribute notices to residence doors or car windshields.
USPS, UPS, FedX, DHL and other package services will be received at the Owner’s mailbox.
USPS, UPS, FedX, DHL and other package services will have an access card to the pedestrian gate whereupon the delivery person will deliver packages that do not fit inside the mailbox to the doorstep of the Condominium Unit.
Each Owner is responsible for all parts of their Condominium Unit including, but not limited to: lighting fixtures, appliances, mechanical and plumbing systems, interior doors and windows, carpeting, wall coverings, painting and all systems serving the Owner’s Condominium Unit exclusively.
Owners shall advise the Association at least five (5) days in advance of a planned move and provide the name and contact info for its movers and the starting / ending dates and times for each day of the move / delivery. Please restrict moving time to Monday through Saturday from 8:00 a.m. to 6:00 p.m.
Unless otherwise agreed to, all movers / delivery services will be required to provide a certificate of liability insurance, naming the Association as an additional insured. Certificates can be emailed or faxed to the President of the Association.
No semi-trucks or box vans are allowed in the rear Common Elements. All moves or sizeable deliveries must be made via the northern alley gate entrance.
Masonite, cardboard or other protective material should be used to protect damaging sidewalks or paving in rear alley from dollies, carts, furniture, equipment, and boxes.
All packing materials resulting from a move and/or delivery must be disposed of off-site.
Owners are responsible for any damages resulting from movers.
No musical instruments, loud audio or TV equipment, or other electronic systems shall be permitted at any time in a Condominium Unit which will disturb any other Owner in the building.
No other noises, including those made by pets (barking dog), shall be made on the premises which will disturb any other Owner in the building.
Any neighbor noise or disturbance issue may be brought to the Boards’ attention for action.
The parking garage will provide for two (2) vehicles per household in the nested area in the east end of the parking garage pursuant to a parking lease with the Tulsa Parking Authority (“TPA”)
General Garage Rules
All vehicles must be parked within the nested area per the parking lease with TPA. No cars may be parked in unlined areas, on ramps, in drives, or in front of exits. All unauthorized or improperly parked vehicles should be reported to Security and will be subject to towing at the Owner’s expense.
The speed limit in the parking garage is five (5) miles per hour.
No repairs or maintenance will be permitted in the parking garage except for the changing of a flat tire, and in case of emergencies.
No storage of any kind will be allowed in the parking garage. The construction or placement of any storage container or locker cabinet in the parking garage is prohibited.
All vehicles are parked at the Owner’s risk. The Association and the Board of Directors is not liable for damage or loss of vehicles or personal property parked or located in the parking garage.
Residents must comply with city ordinances regarding domestic animals. Any and all such ordinances are hereby incorporated into these rules.
Pets are not permitted in the alley, parking garage or Common Elements unless they are carried or on a leash.
There is a maximum limit of one (1) pet per Condominium Unit.
There are NO designated pet walking areas on the property. All animals exiting the building to do their “business” must be walked off-site immediately.
Each resident shall assume full responsibility for personal injury or property damage caused by its pet.
The Board may require the removal of any animal which, in its sole discretion, it finds disturbing other residents, creating a nuisance of any kind, or which is not receiving proper supervision by Owners.
The love of animals and the choice to have a pet is an individual decision. Pet owners must recognize the importance of not imposing their pets on other residents. Courtesy and safety for all are the guiding principles to be followed by all pet owners.
Pet owners must do their best to ensure that no unpleasant or unwelcome interaction takes place between their pet and another Owner or tenant.
The Association may enter a Condominium Unit in case of an emergency originating in or threatening the Condominium Unit, other Condominium Units, or Common Elements, whether or not the Owner is present at the time as noted in the Declaration, Article V, Section 5. This right of entry may be exercised by the Association’s directors, managers, and agents, and by all police, fire, or other emergency personnel in the performance of their duties.
Also, the Association may enter a Condominium Unit to perform installations, alterations, or repairs to the mechanical, electrical, or utility services which, if not performed, would affect the use of other Condominium Units or the Common Elements; provided that, requests for any entry shall be made in advance and at a time convenient to the Owner.
In case of emergency, the right of entry is immediate.
Call 918-000-0000 for after-hours building emergencies. A video monitoring and recording system keeps all key building entry points under constant surveillance. With the intent to keep all Owners, guests and visitors safe, please observe the following:
1. Remain fully alert when entering and exiting the property.
2. Do not allow anyone to follow your vehicle through a gated entrance. Rather, allow the gateto close behind you before you pull away from the entry zone!
THE ASSOCIATION, THE BOARD OF DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES OF 100 BOULDER, LLC (“ASSOCIATION AND RELATED PARTIES”) SHALL NOT IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE PROPERTY. NEITHER SHALL THE ASSOCIATION AND RELATED PARTIES BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. OWNERS, ON BEHALF OF THEMSELVES, ALL OCCUPANTS OF THE PROPERTY AND THEIR GUESTS AND INVITEES ACKNOWLEDGE THAT THE ASSOCIATION AND RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEMS, ACCESS CONTROL SYSTEMS, OR MONITORING EQUIPMENT WILL PREVENT LOSS BY FIRES, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE, NOR THAT ANY AFOREMENTIONED SYSTEMS WILL, IN ALL CASES, PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEMS AND SERVICES ARE DESIGNED OR INTENDED.
The smoking of tobacco products is permitted in individual Condominium Units and on Condominium Unit balconies and patios only. The Association may require the purchase and use of air purifiers if smoke from a Condominium Unit is infiltrating the Common Elements.
Smoking is prohibited on the premises – this includes, without exception, all Common Elements.
No Condominium Unit may be sublet for other than residential purposes. If an Owner desires to sublet their Condominium Unit, the Owner will give the Association written notice of such desire, specifying the basic terms and conditions of the proposed sublease and the name of the proposed sublessee, at least thirty (30) days prior to the date such sublease is proposed to be effective. Owner will provide the Association with any pertinent financial information regarding such proposed sublessee to permit the Association to assess the financial strength and stability of such party, all of which financial information will be treated as confidential. Upon receipt, the Association shall have ten (10) days to review all such information and to make one of the following choices with respect to such proposed sublessee:
(a) Permit the Owner to sublet;
(b) Refuse to consent to the proposed subletting.
If the sublease is approved, Owner shall provide the Association with a copy of the executed sublease, for its records.
No consent to any subletting of an Owner’s Condominium Unit shall constitute a waiver of any duties or responsibilities of Owner. Further, any sublessee shall be subject to the same guidelines, restrictions, duties and/or responsibilities, as Owner, including providing proof of insurance as set forth in the section titled “INSURANCE.”
There is no provision for storage of any kind outside any Condominium Unit to include: halls, closets, stairwells, the parking garage and/or any part of the Common Elements.
SUGGESTIONS & COMPLAINTS
Suggestions and complaints on building operations should be submitted in writing to the Board of Directors who will address all suggestions or requests regarding the operation of the property.
The approach of any bad weather and any conditions that may lead to the issuance of a tornado watch or warning is of concern to all Owners and employees of 100 Boulder. The assessment of and the decision to react to storm or tornado warnings are the sole responsibility of each Owner. There is no alarm system in the building to warn of approaching storms. At best, Owners may be able to hear the local tornado siren if a local warning is being sounded.
In the event of an approaching severe wind storm or tornado, strongly consider securing loose balcony or patio furniture and lighter balcony or patio accessories. The lower level of the parking garage will serve as the designated Storm Shelter for the building.
When an unauthorized vehicle is parked in the driveways or loading zones, the vehicle may be towed without notice to the Owner.
Any time a vehicle is towed pursuant to these Rules and Regulations, all costs and expense incurred shall be the responsibility of the vehicle owner.
Trash carts and recycling carts are provided along the east side of the rear secured alley. Back yard service will be provided to empty trash and recycling weekly. No items too large for trash or recycling carts shall be left beside the trash and recycling carts. All trash must be bagged and securely tied before being deposited in the trash cart. Recycling items can be placed loose inside the recycling cart. Neither cart must have protruding items.
No Condominium Unit may be used or occupied for other than single-family residential purposes. Each Owner shall maintain such Condominium Unit in a safe, clean and sanitary condition, and shall not maintain at such Condominium Unit, or permit such Condominium Unit or appurtenant thereto to become a public or private nuisance.
No person under the age of 18 years of age may occupy a Condominium Unit unless such occupancy is with an Owner who is a parent, legal guardian, or designee in writing of such minor’s parent or legal guardian. An Owner must provide satisfactory proof of the ages and relationships among the occupants of such Owner’s Condominium Unit upon request of the Association
The Association encourages Owners to handle complaints in a cooperative manner.
Any complaint which alleges any violation of the Declaration, Bylaws or Rules and Regulations shall be made in writing and addressed to the Board of Directors. If an Owner violates or is otherwise liable for a violation of any of the provisions of the Declaration, Bylaws and/or Rules and Regulations of the Association, the Board of Directors will take action that it deems necessary under the circumstances.
Every Owner is responsible for water damage to Common Elements and any other affected Condominium Unit which emanates from their Condominium Unit. These leaks or overflows may originate in any water appliance or fixture, including but not limited to; heat pumps, water heaters, tubs, showers, sinks, wet bars, toilets, dishwashers, clothes washers and ice makers.
In case of continuous water overflow, the Owner should immediately turn off the shut-off valves behind the toilet, sink or appliance.
If a bathroom, kitchen or utility room floor has flooded, PLEASE THROW DOWN every available towel to help contain the overflow! CALL the Board of Directors’ contact for emergency assistance with the cleanup.
Nights: For a flood emergency, call 918-000-0000.
The windows of each Condominium Unit are part of the Common Elements and are repaired or replaced by the Association unless damaged by the willful or negligent act of the Owner. No window may be removed, replace or fitted with window film without the express written permission of the Association.
The front doors of Condominium Units must conform to the building standard unless otherwise approved in advance by the Board. An Owner may not decorate or customize the hallway-side of their front or back doors other than temporary seasonal decoration in place less than 20 days. No awnings, shades or shutters shall be erected over and/or outside any windows, balconies, or patios appurtenant to any Condominium Unit, and no exterior door shall be removed, replaced or changed in any way, without the prior written consent of the Association.
A. Condominium Building
The land and condominium building in which your condominium unit is located (the “Condominium Building”) is subject to the Unit Ownership Estate Act of the State of Oklahoma.
B. Parking Garage
To the west of the Condominium Building is a parking garage (the “Parking Garage”). The owners of condominium units shall have the right to use two (2) parking spaces in a private nested area of the Parking Garage known as the Gold Card Area. The Condominium Building and the land on which it is located will be governed by the 100 Boulder Condominium Association (the “Condominium Association”).
II. SQUARE FOOTAGE, PERCENTAGE INTEREST AND OPERATING EXPENSE ASSESSMENTS
A. Estimate of Square Footage and Percentage Interest
The following is an estimate of the total square footage of the condominium units (including the balconies and patios appurtenant to the condominium units) in the Condominium Building and the estimated proportionate or percentage interest of each condominium unit in the common elements:
B. Estimate of Operating Expense Assessments
Operating expense assessments for common elements will be charged by the Condominium Association. As a condominium unit owner, your direct pay account will be charged by the Condominium Association on the first (1st) day of each month in advance on the basis of your proportionate or percentage interest in the common elements set forth above. 100 Boulder, LLC (the “Developer”) will be responsible for 100% of the costs for the common elements until the first anniversary from the date that fifty percent (50%) of the total square footage of all condominium units are contracted for sale (the “Pre-Turnover Period”). If upon expiration of the Pre-Turnover Period 100% of the condominium units are not sold, the Developer shall be responsible for the costs associated with the unoccupied square footage of the unsold condominium units.
The following are the annual estimated costs to be charged to owners of condominium units for maintenance of the common elements in the first year:
III. UTILITY CHARGES
In addition to the common element utility charges previously described, as an owner of a Condominium Unit, you will also be responsible for the usage charges for your individual electric and water for your condominium unit (“Utility Charges”). Utility Charges will be paid for directly by you to the applicable utility company.
The square footage, costs and assessments contained in this information statement are estimates only and owners of condominium units are advised that such estimates may be higher or lower. As provided in the Declaration of Unit Ownership Estates for 100 Boulder, operating expense assessments for common elements will be reconciled at the end of the year. For example, if the operating expense assessments for a particular year were less than the amount actually paid by the Condominium Association for maintenance of the common elements, your direct pay account will be charged based on your proportionate or percentage interest of your condominium unit in the common elements. However, if the operating expense assessments exceeded the amount actually paid by the Condominium Association for maintenance of the common elements, the excess would be deposited into your direct pay account based on your proportionate percentage interest of your condominium unit in the common elements. The operating expense assessments contained in this information statement are based on the assumption that 100% of the condominium units will be sold.
V. MEMBERSHIP IN CONDOMINIUM ASSOCIATION
It is mandatory that all owners of condominium units are members in the Condominium Association. All such owners shall have read and should be familiar with the organizational documents (including the Certificate of Incorporation and Bylaws) of the Condominium Association and the Declaration of Unit Ownership Estates for 100 Boulder.