ONLY Electric Grills Are Permitted To Be Used On Decks:
WHEREAS, Article 7, Section 7.1 of the Declaration of the Stonegate
Village Condominium Association, Inc. (hereinafter referred to as the
“Association”) provides that the corporation shall administer, supervise and manage the Condominium and the Condominium property for and behalf of the Unit Owners in the Condominium and shall be empowered to among other duties to adopt rules and regulations as may be necessary for the management, control and orderly use of the Common Elements and in general manger the Condominium Property; and WHEREAS, pursuant to Article 6, Section 6.2, the balconies, decks and patios are part of the common elements of the Association; and WHEREAS, Article 6, Section 6.7 of the Declaration provides that the Association shall have the right to determine for which purpose a common element is intended and to promulgate rules and regulations limiting the use of Common Elements; and WHEREAS, Article 5, Section 5.14 L, of the By-Laws empowers the Board of Trustees, (hereinafter the “Board”) to make and enforce compliance with reasonable rules and regulations relative to the operation, use and occupancy of the units, the common elements and the other condominium property and to amend same from time to time as the Board shall deem necessary and appropriate, which Rules and Regulations when approved by appropriate resolution shall be binding on the Unit Owners, the tenants and the occupants of units; and WHEREAS, Article 6, Section 6.11 of the Declaration Unit Owner to comply strictly with the covenants, conditions, and restrictions set forth in the Declaration and By-Laws, rules, regulations, resolutions and decisions adopted pursuant thereto in relation to the use and operation of the Condominium, the units, the Common Elements and the other condominium property; and WHEREAS, N.J.A.C. 5:70-3.2 states that propane or open flame cooking equipment, such as barbecue grills may not be stored or used on any porch, balcony or any other portion of a building, within any room or space of a building, within five feet of any combustible exterior wall, within five feet vertically or horizontally of an opening in any wall, or under any business overhang; and; and WHEREAS, the Board has determined that in order to promote the safety and general welfare of the entire community, it shall institute the following restriction regarding the use and maintenance of outdoor grills and related activity. NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the
following requirements to enhance the safety and the general welfare of the
members of the Association:
1. The following are prohibited and no Unit Owner, occupant, resident, and/or tenant may keep or maintain anywhere within the community: a. Propane grills; b. Propane tanks; c. Charcoal grills; d. Fire pits; e. Tiki torches; and f. Open flames outside the indoor portion of a Unit.
2. If a Unit Owner, occupant, resident, and/or tenant uses or maintains any of the items enumerated in Paragraph 1 of this Resolution, the item must be
removed on/or before November _16___, 2016. Any unit Unit Owner who uses or maintains such item shall be in violation of this Resolution. Upon ten (10) days of receipt of written
notification from the ssociation regarding the violation, the Unit Owner, occupant, resident,
and/or tenant must remove the prohibited item. If the Unit Owner does not comply with the
notice within ten (10) days of the date of the notice, the Association may, but shall not be
obligated to, undertake removal of the prohibited item(s).
3. If the Association is required to remove any item in violation of this Resolution, the Association shall not be liable to the owner for such item. All such removed items shall be stored for a period of ten (10) days within the Association’s pool area and will be available for pick- up during this period if the owner contacts the Association’s manager and make arrangements for such pick up. However, after the ten (10) days if the owner of the item fails to contact the manger in writing, said item will be disposed of by the Association. In addition, if an item is reclaimed and not removed from the property but placed back on Association property, said item may be removed and disposed of immediately. In addition, any fine imposed or penalty or fee assessed by the local, state or federal government for failure to comply with this Resolution shall be the responsibility of the owner in violation and shall be added to the owner’s account to be collected in the same manner as the collection of delinquent assessments.
4. If a Unit Owner, occupant, resident, and/or tenant causes a fire or damage by using the items or engaging in the acts prohibited by this Resolution and the Association’s Insurance Provider denies coverage for the resulting damages to the Common Elements, Limited Common Elements, and/or Unit(s) within the community, the Unit Owner shall be responsible for the full costs of remediation of such damaged Common Elements, Limited Common Elements, and/or Unit(s). The Unit Owner shall be responsible for the acts of the occupants, residents, and/or tenants in the Unit Owner’s Unit
5. If a Unit Owner, occupant, resident, and/or tenant violates this Resolution by using or maintaining any of the items enumerated in Paragraph 1 of this Resolution causing the Association to lose insurance coverage or incur increased insurance premiums, that Unit Owner shall be responsible for the additional insurance expenses the Association incurs to find new and/or maintain insurance coverage. The Unit Owner shall be responsible
for the acts of the occupants, residents, and/or tenants in the Unit Owner’s Unit.
6. Enforcement of this Resolution shall occur in accordance with the procedures established by the Association with regard to due process and any amendments or resolutions thereto. In the event of a violation which requires the Association to seek a court order any and all reasonable attorney’s fees and costs incurred shall be the responsibility of the Unit Owner to the extent provided for in Article 21 of the Association’s Declaration and Article 14 of the Association’s By-Laws.
7. In the event any portion of this Resolution is determined by a court
of law to be invalid or unenforceable, the remaining portions shall remain valid and
enforceable and shall be construed as if the invalid or unenforceable portion does not exist.