This policy has been adopted by the Board of Directors of the Stonegate Village Condominium Association to clarify ownership and other issues concerning the various existing storage bins at the condominium facility. This policy is a codification of the existing position of the Association, and is designed to balance the interests of the various unit owners, the bin users and the Association.
1. The Association acknowledges that at the time of the construction of the Stonegate Condominium, the developer constructed several storage bins in the basement areas of some of the buildings. It is unclear how these bins were assigned to the various units, since they are not described in any of the project deeds, and to the Board’s knowledge, no party has a written deed or license to use the bin area. Not all unit owners were provided bins or storage areas, since the total number available is insufficient for all units.
2. The bins are, in fact, located within a portion of the condominium premises which can be considered to be a “Common Element” as defined in the Declaration, consequently no unit owner has a right to transfer ownership of the bin area, or to advertise his unit as including a storage bin.
3. The Board will, subject to the provisions of this policy, continue to honor the rights of the current users of the bins. Consequently, unit owners currently utilizing a storage bin will be permitted to indefinitely continue this utilization. A unit owner currently using a storage bin, can allow his or her tenants, or his or her successor in title (purchaser)to utilize the same storage bin. However, once a unit owner surrenders his or her rights to a bin, either through failure to comply with this policy, voluntary surrender, or through abandonment, that storage area or bin will become available for use by other unit owners. The Board will not become involved in disputes concerning ownership of the bins or in assigning bins.
4. Unit owners utilizing the storage bins are required to keep the area locked and secure. The Association will not liable for any losses, theft, damages or other liabilities concerning the use of the bins. Unit owners are strongly advised to consult with their insurance agents to ensure that they are properly covered.
5. The bins are not to be utilized for the storage of any flammable materials, hazardous materials, biological materials, explosives, firearms or fireworks. The Board reserves the right to enter into any bin to ensure compliance with this regulation.
6. Bin users shall keep the general bin area clean and litter free.
7. Should it become necessary for the Association to gain access to the bin area for any purpose, the bin user shall cooperate with the Association and provide such access within 48 hours of notice.
8. Should the Association find, in its sole and absolute discretion, that the area currently utilized for the storage bins are needed for Association purposes, it reserves the right to require any bin user to vacate said area within 30 days written notice.
9. No unit owner shall be entitled to utilize more than one storage bin.
10. All Association costs involved in the enforcement of this policy shall be the responsibility of the bin user and unit owner.