Condominium Documents for a storage condo development

Condominium Documents

...simple, solid, and straight forward!

CONDOMINIUM DOCUMENTS

Protecting the integrity and value

The condominium form of ownership has become a “mainstay” in the residential real estate market. We use the same basic template for commercial storage condos as we do for residential condos. The state laws apply to commercial condominiums the same way they do residential. I believe the only difference is that the commercial condos don’t require a reserve fund.

Condominium laws change from state to state so do your homework. A full version of the “disclosure documents” for one of the StorageShopUSA sites is a great start.

We use a standard template for the complete set of condominium documents and modify the set based on site specific information. This duplicable process certainly saves money. The more sites we did, the better, more fine tuned, and complete the documents got.

The condominium rules seem to be what all the buyers are concerned with. The rules are there to protect the value and integrity of the property. Below are the rules we use for our projects – there may be a few tweaks based on the location.

We also have a very low condo fee for 2 reasons.

1) The association is self managed meaning a few of the owners coordinate snow removal, lawn care, etc. and,

2) The low maintenance and low replacement cost (most economical cost building) keep the repairs, insurance and the reserve fund low.

The last thing we want to do is work so hard to deliver an economical product and end up with high condo fees – which don’t go away.

Here are the Administrative rules for the StorageShopUSA – Mcfarland, WI Location

ADMINISTRATIVE RULES AND REGULATIONS OF STORAGESHOPUSA – MCFARLAND CONDOMINIUM

The following administrative rules and regulations are adopted by StorageShopUSA – Mcfarland, LLC (hereinafter “the Declarant”), on behalf of the STORAGESHOPUSA – MCFARLAND CONDOMINIUM OWNERS’ ASSOCIATION, INC., (hereinafter the “Association”) for the purpose of assuring that StorageShopUSA – Mcfarland Condominium shall be operated in an efficient and orderly manner so as to create a pleasant living environment for all Unit Owners. In furtherance of this purpose, all Unit Owners shall have an affirmative duty to maintain all property of the Condominium in a neat and orderly condition and shall abide by the following rules and regulations which may be amended by the Association:

Signs. No sign, including a “For Rent” or a “For Sale” sign, advertisement, notice, or other lettering shall be exhibited on any portion of the Condominium without the prior written consent of the Association except as provided for in the Declaration, or with written approval of the Board.

Obstructions. The Common Elements, including but not be limited to, the sidewalks, entrances, passageways, grass, lanes and driveways shall not be obstructed or encumbered or used for any purpose other than ingress and egress to and from Units. Personal property items, including but not be limited to, bicycles, tools, and toys which are not in use shall not be allowed on the Common Elements. Bicycles shall be kept inside the Unit or a garage when not in use.

Animals. No animals are allowed in any part of the Condominium.

Hanging of Garments and Window Coverings. The hanging of garments, rugs, and similar articles from the windows or from any other facades of the Condominium property shall not be allowed. No outdoor clothes lines shall be allowed at any time. No sheets shall be used for window coverings unless on a temporary basis for a reasonable period of time while awaiting window coverings.

Protrusions. Except for the standard awning and optional satellite dish as allowed in the Declaration, no awning or other similar articles and no television antennae, machines, air conditioning units, wiring for electrical or telephone installation, or other similar protrusions shall be allowed on the exterior of the Condominium property without the prior written consent of the Board. If such equipment is necessary to upgrade the Unit, no consent may be unreasonably withheld by the Board.

Signage.The only area for signage is at the entrance to the facility (reserved for the StorageShopUSA sign) and on each awning over the window in the front. Unit owner must use the approved signage area located on the front face of the exterior awning, or have none at all. Interior window signs are allowed. Real estate for sale signs is only allowed inside the window area.

Damage to Common Elements. All damage to Common Elements or Limited Common Elements caused by the moving or carrying of articles thereon or caused by any other action shall be the responsibility of, and shall be paid for by, the Unit Owner or person causing such damage.

Noise. Unit Owners shall not unreasonably disturb other Unit Owners. No Unit Owner shall conduct or permit any soliciting at the Condominium. No children shall be permitted to play or remain in the Common Elements.

Commercial Use; Zoning Code. All Units shall be used by their respective Unit Owners only as commercial space for such Unit Owners, and for no other purpose whatsoever. The use of the Condominiums is limited to those commercial uses allowed currently or in the future by state and local zoning and use laws and building codes. Each owner is required to document that their use is compliant with such laws and codes, and the Association is given a private right to require owners to comply with the same. The Property is currently zoned CH, Village of Mcfarland Dane County, Wisconsin. NO AUTO REPAIR OR WELDING BUSINESS IS ALLOWED IN THE CONDOMINIUM. COMMERCIAL WOOD WORKING MAY BE REGULATED BY THE ASSOCIATION.
No overnight sleeping in any Unit shall be permitted, and no storage out side the Unit is permitted.

Unit Rental. Other than for commercial wood working, a Unit may be rented by a Unit Owner in compliance with the Declaration. All leases shall be in writing and copies of all such leases shall be provided to any other Unit Owner upon request. All rental agreements shall contain as part of them an agreement by all parties a statement that any tenant, subtenant, assignee or other leaseholder has had an opportunity to read the Condominium documents and is subject to all terms of the Declaration, Bylaws and Rules, as amended from time to time or the Board shall have the power to void the instrument creating the tenancy. The Unit owner may be fined up to $100.00 per day by the Board for a violation of this paragraph.

Insurance Rates. Unit Owners shall be prohibited from conducting any activity or storing any article in their Units or on the Limited Common Elements and Common Elements which would increase the rate of insurance on the condominium property.

Maintenance of Unit. Each Unit Owner shall promptly perform or shall have promptly performed all maintenance and repair work within his/her own Unit which work, if omitted, would adversely affect any Common Elements or Limited Common Elements, any portion of the condominium property belonging to other Unit Owners, or the condominium property as a whole, and each Unit Owner shall be responsible for all damages and liabilities that any failure to maintain or repair may engender.
Each owner shall shovel their own parking stalls.

Nuisances. No immoral, improper, offensive, or unlawful use shall be made of the condominium property or any part thereof, and each Unit Owner at said Unit Owner’s expense shall comply with, perform, and fully satisfy all city, state, and federal laws, statutes, ordinances, regulations, orders, or requirements applicable to his/her unit.

Parking. Unit Owners shall neither park, nor shall they permit their families, tenants or guests to park, in the parking areas of other Unit Owners, or in such manner as to prevent ready access to the parking areas of other Unit Owners. Improperly parked vehicles shall be subject to removal at their Unit Owner’s expense. No parking shall be permitted at any time on any drive lanes or roads which run through the Condominium. No Unit Owner shall keep a junk vehicle (defined as a non-operating vehicle) on the Condominium at any time. No Unit Owner shall conduct any vehicle repair except on vehicles parked in a garage.
No unit owner or guest may park any vehicle anywhere overnight, and no parking stalls may be leased for more than three years or conveyed, sold, transferred or assigned separately from the unit for which it is a limited common element.

Service and Recreational Vehicles. Parking of service vehicles owned or operated by Unit Owners shall be prohibited unless such vehicles are kept in the garages provided, if any. Storage of boats, travel trailers, mobile homes, campers, and other recreational vehicles outside of the Unit shall be prohibited. Temporary waiver of these prohibitions may be obtained from the Association Board of Directors, which waiver or denial thereof shall be in the sole discretion of the Association Board of Directors.

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Storage. The Association shall not be liable for any loss or damage of or to property placed in any Unit or in the Limited Common Elements and Common Elements. No storage may be maintained outside any Unit.

Common Elements Maintenance. Unit Owners shall be prohibited from discarding any dirt or materials from the windows, balconies, or doors of the Units and shall be prohibited from discarding any dirt or materials into the Common Elements and Limited Common Elements. Unit owners shall shovel their owner parking areas.

Applicability to All Owners. Notwithstanding anything contained herein to the contrary, all rules and regulations shall apply to, and shall be complied with by, all Unit Owners and all persons under their control, including, but not limited to, the Unit Owners’ servants, tenants, employees, agents, visitors, licensees, and family members.

Modifications. No unit owner may modify their Unit or the Common Element without prior consent from the Board of Directors and as provided under Article III of the Condominium. See WARNING in Declaration. All modifications or additions to the Common Element may be made without Board consent, and the Board shall require that style and color match other Common Element.

Trash. Trash disposal is the duty of each Unit owner, and no trash container may be placed out side of the Unit. Notwithstanding the above, Declarant or the Association may designate a place on the Common Area for trash disposal and may provide individual trash containers for each unit.

Ventilation. Ventilation is required to meet the requirements of COMM chapter 64. Depending on the use, mechanical or natural ventilation is acceptable. Penetrations to the structure are limited to the rear wall off each unit. Roof penetrations are subject to approval of the Association. A fresh air intake HVAC system is required for any use that needs to provide for “human comfort” according to the state comm. building code.
Unit owner MUST record the use and any changes in use with the Association. Failure to do so may result in fines and penalties.
OTHER

Exterior light in front is used to provide security and street lighting. Each unit owner has one and is responsible for keeping the light in working condition at all times. The fixture is equipped with a timer/and photocell combination to turn on and off automatically.

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Road restrictions will be placed on the private road that matches Dane County ordinances. Enforcement and subsequent penalties shall be in accordance with Dane County ordinances and policies.

All entry and overhead door repair, maintenance and replacement are the responsibility of each Unit owner. Unit owner must keep the door free of any dents or scrapes. Replacement doors must be approved by the Association for both style and color. Repairs must match the original aesthetic appearance.

These Rules may be amended by the Board of Directors of the Association by a 2/3rds vote.

These administrative rules and regulations are adopted on this 8th day of February, 2008, and shall be effective upon the establishment of the Association.

STORAGESHOPUSA - MCFARLAND OWNERS ASSOCIATION, INC.

By: Gregory Thompson, Board Member

This instrument drafted by: Gregory A. Thompson StorageShopUSA

A complete set of disclosure materials

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