Rules & Regulations
Town Oaks Association
Minneapolis, MN


Amended November 2019

 


TABLE OF CONTENTS
INTRODUCTION .................................................................................................................................. 2
DEFINITIONS ........................................................................................................................................ 3
ENFORCEMENT ..................................................................................................................................... 4
01 GENERAL RULES ......................................................................................................................... 7
02 NOISE ......................................................................................................................................... 9
03 PETS .......................................................................................................................................... 10
04 COMMON ELEMENTS .............................................................................................................. 11
05 DWELLING EXTERIORS, PRIVACY FENCES, AND PATIO AREAS ........................................... 13
06 SATELLITE DISHES, CABLE TELEVISION, PHONE SERVICE, AND ANTENNAE ...................... 16
07 PARKING LOTS, DRIVEWAYS, AND GARAGES ...................................................................... 18
08 GARBAGE, TRASH, AND RECYCLING ..................................................................................... 20
09 SALE OF UNITS ........................................................................................................................ 22
10 LEASE OF UNITS ....................................................................................................................... 23
11 MOVE-INS AND MOVE-OUTS ................................................................................................. 26
12 DELINQUENT ACCOUNT POLICY .......................................................................................... 27

INTRODUCTION
The Board of Directors of Town Oaks Association (the Board) is charged under Section 5.6
of the Declaration of the Association with the power to "approve and implement such
reasonable Rules and Regulations as it deems necessary from time to time for the purpose of
operating and administering the Association and regulating the use of the Property.”

 

Every unit owner is responsible for full compliance with the Rules and Regulations of the
Association. The Board of Directors is charged with their enforcement.

 

The Rules and Regulations contained in the following pages are in addition to those stated
in the Declaration and Bylaws of Town Oaks Association. In the event of any conflict among
the Minnesota Common Interest Ownership Act (the Act), Declaration, Bylaws or the Rules
and Regulations, the Act shall control. Among the Declaration, Bylaws and Rules and
Regulations, the Declaration shall control. These Rules and Regulations will not reverse any
previous action taken by the Board of Directors that was proper under the Declaration and
Bylaws.

 

Townhome living is a unique style of ownership. Owners face certain differences that are
not generally applicable to single family homeownership but are necessary to maintain the
continued attractiveness and enhance property values of the Association community. This
document was written to inform you of the specific rules and regulations that govern the
Association, and the procedures which must be followed when any change, modification,
or alteration to the buildings and grounds is considered.

 

These rules are intended to seek a balance between consistency and promotion of personal
expression.

 

The recorded Town Oaks Declaration, which is applicable to the property administered by
the Association, restricts the right of a member (owner) to modify the exterior appearance of
his home and yard without the consent of the Board. The Declaration also permits the Board
to adopt reasonable Rules and Regulations aimed at controlling activities that disturb or
damage our community and to enforce those Rules and Regulations.

 

Rules and Regulations are important in day-to-day communal living. Reasonable rules will
help make the sharing of property convenient and enjoyable for all those involved. When

 

Rules and Regulations are not followed, the Association must act firmly and impartially and,
when necessary, impose penalties for violations.

 

None of the provisions contained in these Rules and Regulations shall be deemed to have
been waived by reason of any failure to enforce the same.

 

Please take the time to familiarize yourself with these Rules and Regulations.

 

Town Oaks Association
Board of Directors

DEFINITIONS


ASSOCIATION The Town Oaks Association, the non-profit corporation established for
the purpose of managing the Property. (Declaration reference: Section
1.3)

 

BOARD The Board of Directors of the Association. (Declaration reference:
Section 1.4)

 

COMMON ELEMENTS All portions of the Property other than the Units (Declaration
reference: Section 1.8)

 

DRIVEWAY Access to parking lots from public streets. Also access to individual
garages from the parking lots.

 

DWELLING A part of a building, occupying one or more floors, including the
attached garage (if applicable), designed for occupancy as a single
family residence, and located within the boundaries of a Unit.
(Declaration reference: Section 1.11)

 

GARAGE A part of a Dwelling intended for parking and storing motor vehicles.

 

MOTOR VEHICLE A licensed passenger vehicle not in excess of 9,000 pounds gross
vehicle weight such as an automobile, a pickup truck, a panel truck, a
van or a motorcycle that will fit entirely within a garage unit with the
overhead door closed.

 

PARKING LOTS A total of six parking lots, designated as Lots A through F

 

PATIO AREA Area of a Unit between the privacy fence and Dwelling.

 

PROPERTY The entire parcel of land and all improvements thereon, the Common
Elements, Limited Common Elements and the Units. (Declaration
reference: Section 1.21).

 

RENTER Person(s) leasing or renting from a Unit Owner.

 

RESIDENT Owner or renter regularly occupying a residential unit.

 

UNIT One or more than one platted lot upon which a Dwelling is located.
(Declaration reference: Section 1.23).

 

UNIT OWNER (or OWNER) Any person to whom ownership of a Unit has been conveyed or
transferred. All owners are automatically members of the Association.
(Declaration Reference 1.17). (Note: a contract vendee becomes the Owner, even though the vendor retains simple fee ownership)

ENFORCEMENT
Each owner and occupant, and any other person owning or acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Act, the Governing
Documents, the Rules and Regulations, the decisions of the Association, and such
amendments as may be made from time to time. A failure to comply shall entitle the
Association to the relief set forth in Section 14 of the Declaration, in addition to the rights
and remedies authorized elsewhere by the Governing Documents and the Act.

 

Entitlement to Relief
The Association may commence legal action to recover sums due, for damages, for injunctive
relief or to foreclose a lien owned by it, or any combination thereof, or an action for any
other relief authorized by the Governing Documents or available at law or in equity. Legal
relief may be sought by the Association against any owner, or by an owner against the
Association or another owner, to enforce compliance with the Governing Documents, the
Rules and Regulations, the Act or the decisions of the Association.


Sanctions and Remedies
In addition to any other remedies or sanctions, expressed or implied, administrative or legal,
the Association shall have the right, but not the obligation, to implement any one or more of
the actions referred to in the Declaration.

 

Refer to Declaration Section 4, Section 8.3 and Section 14 to understand the rights and
obligations of ownership that refer to remedies.


Costs of Proceeding and Attorneys’ Fees
The Association is entitled to recover all of its costs, expenses, and reasonable attorneys’
fees, in the collection of any and all delinquent assessments, late fees and fines, or incurred
to obtain compliance with the Act, the Governing Documents, and the Rules and
Regulations.


Reporting Violations
Unit owners and residents are encouraged to attempt to resolve individual differences with
their neighbors before seeking recourse through the Rules and Regulations channel. An
owner or resident may deliver to a member of the Board or the Management Company a
written and signed complaint or email stating which rule is being violated (by citing the rule
or describing the action), by whom and when (date, and time where practical).

 

The Board or its designee will review each complaint and notify the complainant of the final
action taken in each case.

Penalties for Violations
Except as otherwise stated herein, the penalties for violations of the Rules and Regulations
of Town Oaks Association, Inc. will be administered as follows for violations that pose no
immediate hazard to the Town Oaks community. The Board reserves the right to take more
stringent action when a violation is viewed as presenting an immediate hazard to the
community. Penalties will be assessed and enforced by the Board or its designees.
 

Continuing Non-compliance
In the case of continuing non-compliance beyond the date when a fine was assessed under
(b) a Fine of $10.00 will be assessed for each and every day of non-compliance. “Continuing
non-compliance” as opposed to “offense”, refers to those instances when a Unit Owner or
Resident has created a condition which is in violation of the Rules and Regulations. An
example would be an outside storage violation, or an unapproved architectural modification,
such as a non-conforming storm door or light fixture.


Appeal Procedure (Declaration reference: Section 14.3)
The Board provides for an appeal process as described below in order to ensure the
opportunity for due process.
1. Alleged violator delivers a written request to the Board within the ten-day grace period
provided in the violation notice.


2. The Owner will be given an opportunity to be heard at the next Board Meeting* after
the written request is received.
     a) FIRST OFFENSE: Warning to the violator by way of letter or posted warning, and/or personal  contact.
     b) SECOND OFFENSE (or non-compliance within 7 days of letter or personal contact):  $50.00 fine for breaking same rule, within 12 months of the previous violation.
     c) THIRD OFFENSE: $100.00 fine for breaking same rule, within 12 months of the previous violation.
     d) FOURTH OR MORE OFFENSE: $200.00 fine for breaking same rule, within 12 months of the previous violation.
     e) ALL FINES ARE DUE AND PAYABLE:  With the following month's Association assessment. Any fines not paid when due are subject to the same delinquency policy as set forth in Section 11, Delinquency Policy.

3. Proposed sanctions will be delayed until after the opportunity to be heard and a final decision has been rendered by the Board.


4. Within ten days after the hearing, the Board will communicate in writing the decision to all parties involved. Remedies will be effective immediately.


*Note: Time limitations may be extended or reduced upon mutual agreement between the Unit Owner and the Board. If the violation has created an emergency situation, a shorter notice period may also be utilized unilaterally by the Board.


Opportunity to be Heard
The purpose is to provide an opportunity for the Owner to discuss with the Board whether the alleged violation actually occurred and whether the Unit Owner is the one who should be held responsible for the violation. The following procedures will govern the conduct of participants during this portion of the Board Meeting:


     1. Any Board member who has a personal interest in the matter shall excuse him/herself from the process.
     

     2. The alleged violator must be informed of the date, time and place of the hearing with at least ten days* notice, unless the request is made within ten days of the next Board Meeting in which case the notice will be provided as soon as is reasonably possible. Attendance by a Member at a Board Meeting or hearing waives any notice requirement.


     3. The Board President will normally chair the hearing and the Board Secretary will take minutes of the proceedings.


     4. Attendance at the hearing is open to: Board Members and any agents of the Board;  the complainant; the Unit Owner; the alleged violator if the Unit Owner is a non-resident; and any other persons who have evidence or testimony to offer. Any of the parties may elect to be represented by legal counsel, however you must provide ten days notice to the Board of Directors if legal counsel will be present. 


     5. All parties will be given the opportunity to present relevant information and to ask relevant questions of persons offering opposing information.


     6. Upon the conclusion of statements, all other parties will be excused and the Board and its agents and/or legal representative will deliberate in private. The complainant and Unit Owner will be sent written notice of the Board’s decision within fourteen days.


      7. The decision of the Board shall be final and binding on all parties. *Note: Time limitations may be extended or reduced upon mutual agreement between the Unit Owner and the Board. If the violation has created an emergency situation, a shorter notice period may also be utilized.

01 GENERAL RULES
01.01 An exemption granted by the Board of Directors to any rule must be done in writing.
Owners and Residents should not take action which could violate a rule until such
written exemption is received. Exemptions may be communicated via letter or email
by the Board of Directors or its designee.


01.02 Every Unit Owner shall comply with all laws, ordinances and regulations of all
government bodies having jurisdiction thereof, and shall hold the Association and
other Unit Owners harmless from all fines, penalties, costs and prosecution arising
from any violation thereof by the Unit Owner, by unit residents, by guests or by
visitors. (Declaration reference: Section 7.13)


01.03 No resident will store any explosive or inherently dangerous or hazardous materials
in his/her Unit or Garage. Small quantities of gasoline or solvents are allowed in
Garages provided they are either in the original manufacturer's container or in a
container approved by the Fire Department.


01.04 No Unit Owner shall permit any use of the Property which could increase the rate
of insurance on, or result in the cancellation of insurance on the Property.
(Declaration reference: Section 7.13)


01.05 No harmful or offensive activity shall occur in any Unit or garage, or in the Common
Elements which may become an annoyance or nuisance to others, or interfere with
the rights, comfort or convenience of other people. (Declaration reference: Section
7.12)


01.06 All Owners and Residents are responsible for observing any posted rules which may
be in addition to those contained in these Rules and Regulations.


01.07 Each Unit and garage is for ordinary residential use only. No overt business activity,
whether for profit or otherwise, will be permitted. Residents shall not solicit or
canvass door-to-door unless approved by the Board. (Declaration reference:
Sections 7.3, 7.4)


01.08 The Association supports neighborhood garage sales, and individual garage sales are
permitted twice per year, but visitors must not park in the Parking Lots. Signs
announcing the garage sale may be placed at one street entry and in front of Unit
two days prior to the sale and removed last day of sale. Estate sales are permitted
only with prior written approval of the Board. (Declaration reference: Section 7.4)


01.09 No items shall be hung or shaken from windows. No clothing, linens, laundry, or
similar kinds of articles shall be exposed to public view.


01.10 Only curtains, drapes, blinds, and shades are to be used for permanent window
coverings. Window coverings shall be kept in a good state of repair. Sheets,
blankets, etc. will be accepted as a temporary window covering immediately after
move-in but must be removed within 30 days.


01.11 No signs, “For Sale” signs, or other emblems or placards shall be placed on the
exterior of a Dwelling, or other parts of a Unit visible from the exterior, except as
authorized by the Board.


Exceptions: Safety or security decals no larger than 4” x 4” are allowed on doors
and windows and security signs no larger than 10” x 10” mounted on a post no taller
than 14” are allowed if located in the landscaping (not lawn) near the unit entry or
patio door. Political signs are also permitted but must comply with the following
requirements:
    a) Sign size must not exceed 3 square feet (432 square inches) in total size.
    b) The sign’s message must pertain to candidates or initiatives which are on the
primary or general election ballots, in the voting precinct in which Town Oaks
is located.
    c) Signs must be distributed by a political or advocacy organization and therefore
may not be “homemade” or custom.
    d) Signs may only be displayed in Unit windows or doors. They may not be located
on the Common Elements nor attached to buildings, Privacy Fence, trees, or any
other structure.
    e) Signs may be displayed for 30 days prior to voting day, and muse be removed
within 10 days after voting day. (Declaration reference: Section 7.11)


01.12 Any additions, changes or alterations to any part of the Common Elements, any
part of the Unit which affects another Unit or the Common Elements, or which is
visible from the exterior of the Unit, must be approved in writing by the Board of
Directors. This includes Dwelling exterior doors and storm doors, light fixtures,
windows, patios, and landscaping features. Window insulator kits may not be
installed on the outside of doors or windows. (Declaration reference: Section 8.1). 


01.13 Owner may only own one Unit or portion of a Unit at any one time. (Declaration
Reference 7.6).


01.14 Exterior water faucets must be winterized by November 15. Shut-off valves are
located on the lower level in the laundry room by the sink. If the ceiling is finished
then look for a removable panel in the ceiling to access the interior shut-off valve.

01.15 Vacant Dwellings which are not winterized must maintain a minimum temperature
of 55 degrees. (Declaration Reference 9.6)


01.16 By law, every Dwelling must have working smoke and carbon monoxide detectors.
It is the responsibility of each resident to periodically test and maintain their smoke
and carbon monoxide detectors.


01.17 After proper notification to an Owner or Resident, the Board or its designees shall
have the right to enter any Dwelling during reasonable hours as may be necessary
for the maintenance of the Property. (Proper notification would be phone contact
ahead of time or written notice with sufficient time allowed.) The Board or its
designees shall have the right to enter any Dwelling at any time in the event of an
EMERGENCY. Such authorized persons shall leave written notice for the
Owner/Resident of the Dwelling concerning the nature of the entry in the event of
the absence of the Owner/Resident. (Declaration reference: Section 7.16).


02 NOISE
(Declaration reference: Section 7.12)
Residents are encouraged to report repeat noise problems to the Minneapolis Police
Department. Doing so provides a more immediate response/remedy; repeat violators
are subject to civil penalties; and it serves as corroboration of the problem.


02.01 Musical instruments, radios, television, stereos, and the like, shall not be played
loud enough to be heard outside or in any adjacent Dwelling. Consideration must
be given at all times to Residents living beside you. This is necessary for the success
of Common Interest Community living.


02.02 Outdoor use of loud radios, stereos, auto horns, other devices that amplify sound,
noisy mufflers, loud voices, etc. is prohibited. No horns shall be blown except as
may be necessary for the safe operation of the vehicle.


02.03 Quiet hours should be observed between 10 PM and 8 AM per Minneapolis City

03 PETS
(Declaration reference: Section 7.10)
03.01 Only the following pets are permitted without Board approval:
    a) No more than three of any combination of dogs, cats, ferrets, rabbits, or other
domestic animals, excluding fish, over four months old. (Minneapolis City
Ordinance Chapter 64, Section 64.100);
    b) Fish;
    c) Small caged birds, rodents, reptiles that are permitted by the City of Minneapolis,
up to a maximum of three (3).


03.02 All pets must be maintained in accordance with all local government ordinances as
to licensing, vaccination, restraints and handling of pet waste. City of Minneapolis
requires that both dogs and cats over four months age be licensed (Minneapolis City
Ordinance Chapter 64, Section 64.10).


03.03 The owner of any pet shall indemnify the Association and hold it harmless against
and from any loss or liability of any kind whatsoever arising from or growing out of
having any pet on the property.


03.04 No pet shall be allowed out of its owner's Unit or Patio Area unless carried by its
owner or on a leash not to exceed 12 feet in length which is held by a person at one
end. Unattended pets are not permitted outside on the Common Elements, tethered
or untethered.


03.05 Leashes/tethers must not be tied around fence/railing posts and may not be mounted
to the exterior of the Dwelling or garage. A dog or cat may be left unattended inside
its owner's Patio Area as long as it is confined within the Patio Area a responsible
person is on the premises.


03.06 Dogs and cats must not be allowed to urinate or defecate on driveways, sidewalks,
or entry stoops. Owners are responsible for immediate cleanup and disposal of
feces. When walking their pets, pet owners must have in their possession a cleanup
apparatus.


03.07 No pet shall be permitted to bark, howl, squawk or make other loud noises or create
disturbances for such a time as disturbs other Residents' rest or peaceful enjoyment
of their Units or the Common Elements. (Minneapolis City Ordinance Chapter 64,
Section 64.90).


03.08 Every female animal, while in heat, shall be kept confined by its owner in such a
manner that she will not be in contact with another dog nor attract other animals.


03.09 Kennels, doghouses, outside runs, or fenced in areas (including invisible fencing) are
prohibited.


03.10 Any damage caused by a pet to any part of the Common Elements, or landscaping
(e.g. shrubs, grass) on a Lot which is maintained by the Association shall be the full
responsibility of the Unit Owner to make restitution. This includes lawn damage,
which if not repaired by June 1st, will be repaired by the Association at the expense
of the responsible Unit Owner. Lawn damage occurring after that date must be
promptly repaired or the Association may repair the lawn at the expense of the
responsible Unit Owner. Management Company will assess the damage and handle
as necessary. (Declaration reference: Section 9.5)


03.11 The Board of Directors may, in its sole discretion, demand the permanent removal
of any pet from the Property at the Unit Owner's expense, in addition to, or in lieu
of, any fines which may be assessed. This action may be taken in regard to any
unauthorized pet; or pet deemed to be dangerous to humans or other animals; or
any pet that after two written warnings within the preceding 12 months, is found
again to be in violation of any of the pet rules or government ordinances.


04 COMMON ELEMENTS
04.01 No resident shall litter or leave rubbish or debris in any Common Element or use
any Common Element for the storage of personal property, except as expressly
allowed in the Rule and Regulations (such as vehicle parking in the Parking Lots).
No resident shall alter or remove any item from a Common Element without the
written consent of the Association. Temporary storage or use of PODS (or similar
service) is possible with prior Board authorization.


04.02 No radio or television antennae or satellite dishes shall be installed by a resident
anywhere on the Common Elements without written Board permission.


04.03 Electric cords, phone lines or cable TV wires are not to be strung across Common
Elements unless approved by the Board. Electrical cords across pedestrian or vehicle
traffic ways must not be left unattended.


04.04 No signs or decorations may be placed on the Common Elements except as
specifically permitted elsewhere in these Rules & Regulations.

04.05 No one shall harm or alter any of the landscaping features, including the grass, trees,
shrubs, or flowers, in the Common Elements except as authorized by the Board.
(Declaration reference: Section 7.14)


04.06 No additional building or structure of any kind, playground equipment, clothesline,
etc., shall be placed, erected, kept or maintained on the Common Elements.
(Declaration reference: Section 8.1)


04.07 When the Common Elements are used for recreation, it is the responsibility of the
individuals involved to remove all recreational equipment when they have finished.
Basketball backboards and goals are not allowed. Badminton and volleyball nets
are allowed, but any holes resulting from the use of poles on the Common Elements
must be immediately refilled and covered when the poles are removed.


04.08 Tricycles, bicycles or skateboards are not to be ridden on the lawns or left unattended
on the Common Elements. They are allowed on the Driveways, Parking Lots, and
sidewalks for purposed for ingress and egress only.


04.09 Ramps and rails for use with bicycles, rollerblades, and skateboards are not
permitted anywhere on the property.
04.10 Operation of snowmobiles, go-carts and other motorized non-street-licensed
vehicles are not permitted on the Property.


04.11 Driving or parking of any kind of vehicle is not permitted anywhere except on the
Parking Lots, Driveways, and in front of garages as provided in Rule 06.


04.12 When an Owner is remodeling, repairing, or re-carpeting their Dwelling, the mess
caused by these changes is to be cleaned up anywhere outside the Dwelling, on a
daily basis, by the Unit Owner. Dumpsters require prior Board approval.

05 DWELLING EXTERIORS, PRIVACY FENCES, AND PATIO AREAS
05.01 Altering or permanently affixing items to the privacy fence outside of the Patio Areas,
siding, doors, windows, or on the garage is not allowed without specific written
approval of the Board. Homeowners are responsible for any damage caused by
affixing items to the privacy fence. If maintenance requires the temporary removal
of items attached to the privacy fence, Owners shall be responsible for removing
items before maintenance begins and reattaching items afterwards. If they are not
removed within the required time, the Association may then do so at the Owner's
expense, and the Association will not be liable for damage to the items caused by
Association removal. The Board has the right to declare certain decorations to be
publicly offensive or inappropriate, and demand removal.


05.02 Per City of Minneapolis fire codes appliances with an open flame, such as fire pits
and chimineas, are not permitted to be used or stored anywhere in the Unit,
including patio areas. City of Minneapolis does permit use of charcoal briquette and
UL-listed electrical or gas-fire barbecue grills that are securely mounted to prevent
accidental tipping, wired or plumbed to the building’s gas supply or electrical
system, and LP grills using 1-lb. disposable tanks. Securely mounted grills shall
maintain a minimum clearance of 18 inches on all sides, unless listed for lesser
clearance. Charcoal burners and gas grills not permanently mounted must be 10 feet
away from any combustible material and shall not be used on combustible patios.
(Reference: Minnesota State Fire Code Section 305.2, 307.5 and NFPA 58)
All installations must receive architectural approval from the Board of Directors prior
to installation.


05.03 Hot tubs and spas are not permitted anywhere on the Property


05.04 Bird feeders are allowed if maintained so that dropped seeds do not germinate in the
lawn or landscape beds visible from outside the Unit. Wind chimes are allowed so
long as they do not cause annoyance to other Residents. Neither may be attached
to buildings, they must either be on poles mounted into the ground or attached to
deck railings or Patio Area side of privacy fence.


05.05 No resident shall litter or leave rubbish or debris in patio area or Common Elements,
nor use these areas visible from outside the Unit for the storage of personal property.
EXCEPTION: Outdoor furniture, flower pots, a rain barrel, a compost box, or a “deck
box” may be neatly stored on patios or decks when not in use.


05.06 Unit doors and windows may not be altered in any way unless prior written
approval from the Board of Directors has been given. This includes the application
of films or coatings which darken, make reflective, or otherwise change the
appearance of the windows as viewed from the outside. Wall and window air
conditioners are not allowed.


05.07 If visible from outside of the Unit, decorations that appear to be identified with a
specific holiday may be displayed no earlier than 30 days before the holiday/season
and removed within 15 days following that holiday. Nothing may be permanently
attached to the privacy fences except on Patio Area side, and nothing may be
attached to siding or garages. Lights may be attached to gutters using a removable
plastic clip intended for that purpose. Residents should not use decorations that are
staked into the ground during periods when the ground may freeze. Residents are
still responsible for removing the decorations from frozen ground. Electrical cords
cannot be placed across walkways and must be connected to a UL listed exterior
outlet.
EXCEPTION: Christmas/Hanukah/Kwanza decorations may be on display between
November 1st and January 31st. Colored string lights for Christmas/Hanukah/Kwanza
may be displayed in the Patio Area and may also be attached to Patio Area side of
privacy fences, but may not be attached to exterior side or top of fence, and may be
displayed in trees or shrubs visible from outside of the Unit located in Patio Area.
They must be removed by February 15th.
The Board reserves the right to declare certain decorations to be offensive and
inappropriate and demand removal.


05.08 Clear or white string or rope lights may be displayed year around in the Patio Area.
These lights may not be attached to the exterior side or top of the fence, but may be
attached to Patio Area side of privacy fences, and may be displayed in trees or shrubs
in Patio Area. Electrical cords cannot be placed over walkways and must be
connected directly to a listed exterior outlet.


05.09 Flags which are decorative or seasonally appropriate or flags for sports teams and
armed services, are permitted to be displayed only in Patio Areas, provided they do
not exceed 3’ x 5’ in size. Flags may be mounted on a bracket attached to the Patio
Area side of privacy fence. Other installations are not permitted without Board
approval.


05.10 Flags for sports teams may only be displayed during that team’s season. Flags
identified with a holiday/season must follow rules in 05.11. Flags for armed services
may be displayed on holidays, for service anniversaries, and other dates of
significance to that service.


05.11 US flags are permitted to be displayed. A flag not exceeding 3’ x 5’ may be mounted
to Patio Area side of privacy fence or attached to the Unit entry door trim in an
approved flag holder. All displays of the US flag must comply with the United States
“Flag Code”. Other permanent installations (e.g. flagpole in Patio Area) are not
permitted without Board approval.


05.12 Seasonally appropriate ornamental statuary of a reasonable quantity is permitted in
the Patio Areas, and in the landscape bed in front of the unit. Approval is needed
for placement of benches, statuary, large boulders, etc. that cannot be readily moved
by the Resident and which is visible from the exterior of the Unit. Statuary may not
exceed 3’ in height.


05.13 Plants and flowers in containers are allowed. Containers may be located in the Patio
Areas, and on sidewalks or Unit entry area provided they do not impede access. All
containers shall be securely fastened to avoid injury to persons or the structure or be
heavy enough to prevent their being upset by strong winds.


05.14 All plants and flowers in front of or visible from outside the Unit must be alive and
well-kept (dead material removed, free of weeds, etc.). Flower pots or boxes visible
from outside the Unit which are not permanently attached must be removed prior
to November 1, unless they contain seasonally appropriate plantings. Any
container, except those in Patio Areas, that cannot be readily moved by one person
are not permitted without Board approval.


05.15 Artificial flowers are prohibited where visible from outside the Unit.


05.16 Homeowners are responsible for the landscaping in the Patio Areas, however any
changes which are visible from outside the Unit (including trees and shrubs) must
receive approval from the Board before work may begin. The Association is
responsible for pruning trees in Patio Areas. (Declaration reference: Section 8.1.1)


05.17 No additional building or structure of any kind shall be placed, erected, kept or
maintained in the Patio Area without prior approval of the Board. (Declaration
reference: Section 8.1.a)


05.18 Carpeting is not permitted on concrete entry steps.


05.19 No exterior shades or awnings shall be used without prior approval by the Board.
All such items must be retractable, compatible in color to the unit, and be maintained
at the homeowner’s expense. Any damage caused by the building exterior will be
the homeowner’s responsibility. A patio table umbrella is permitted.


05.20 No clothing, linens, laundry, or similar kinds of articles shall be exposed to public
view.


05.21 Residents are responsible for keeping their Patio Areas clean.

06 SATELLITE DISHES, CABLE TELEVISION, PHONE SERVICE, AND ANTENNAE
06.01 Antennas used for AM/FM radio, amateur (“ham”) radio, CB radio, Digital Audio
Radio Services (“DARS”), or antennas used as part of a hub to relay signals among
multiple locations are never permitted to be installed.


06.02 Satellite antenna dishes or any antenna for receiving broadcast television signals may
be installed without Board Approval subject to the following requirements:
    a) Maximum dish diameter is one meter (39.4 inches).
    b) No more than one antenna for each type of service may be installed by a Resident.
    c) Antennas must be either gray or black in color.
    d) Exterior antenna wiring shall be installed so to be minimally visible, all
penetrations of the building exterior must be properly waterproofed and sealed,
and there can be only one entry point per antenna, using the point of entry
which is closest to the satellite dish – e.g. if the dish is located on the roof,
through the roof is likely the closest point of entry. No external wiring of
additional outlets is permitted.


    e) If an acceptable quality signal may be received, antenna must be mounted on
skid plate and placed on the roof one foot down from highest point of Dwelling
(not on garage roofs). Each antenna shall be located in a place shielded from
view from the street or from other Units to the maximum extent possible;
provided, however, that nothing in this rule would require installation in a
location from which an acceptable quality signal may not be received. If
acceptable quality signals may be received by placing an antenna inside a
dwelling, without unreasonable delay or unreasonable cost increase, then
outdoor installation may be prohibited.


    f) Any satellite dish installation that is not in compliance with the required
installation location as of the adoption date of these Rules and Regulations must
be removed at such time the satellite dish is no longer in use.

 

    g) Owners who install or maintain antennas are responsible for all costs related to
the antenna installation, maintenance or use; including repair of damage to
property and medical expenses incurred by injured persons.

 

    h) If maintenance requires the temporary removal of antennas, Owners shall be
responsible for removing antennas before maintenance begins and replacing
antennas afterwards. Any removed antennas when replaced must comply with
current installation guidelines. If they are not removed within the required time,
the Association may then do so at the Owner's expense, and the Association will
not be liable for damage to the antennas caused by Association removal.

 

06.03 Installation of a satellite dish in compliance with the above rules does not require
Association approval, but notice must be given to the Association within seven days
of installation. If the proposed installation would not comply with the above rules,
then prior approval must be obtained. The Association will respond within 14 days
of receiving the request for approval. (Declaration reference: Section 8.5.1).


06.04 Phone lines or cable wire may not be attached to the exterior of any building or
privacy fence. Cable TV and phone wires may only enter the Dwelling through the
one entry point each which is closest to the point where the wiring leaves the
ground. All other wiring must be completed internally, no external wiring of
additional outlets is permitted.
06.05 Any satellite dish that is no longer in service shall be removed within 30 days of
termination of service.

07 PARKING LOTS, DRIVEWAYS, AND GARAGES
07.01 Speed limit for all areas is 10 MPH.


07.02 Lot Parking is for residents only! Guest parking anywhere in the lots is prohibited.
All guests must park on the City streets or in garages.


07.03 Parking is allowed in the following areas:
    a. Garages: Residents and their guests may park any type of vehicle or trailer in the
garage so long as it can fit with the garage door fully closed. No parking spaces
are assigned to unit with garages.
    b. Front of Garages: Residents may park a vehicle in front of their garage.
    c. Parking Lots: Residents of units without garages are entitled to the exclusive use
of one parking permit per unit. A second permit may be awarded upon request.
No more than two vehicles per unit may be parked in the lot at a given time.


07.04 Residents receiving deliveries or service calls must ensure that such vehicles are not
parked in someone else’s space and do not block access to other spaces.


07.05 No boats, snowmobiles, trailers, camping vehicles, buses, camper tops, "all-terrain"
vehicles, tractor/trailers, vehicles in excess of 9,000 pounds gross weight, or
commercial vehicles (defined as displaying business-related lettering, or having
ladders or racks attached to it), shall be parked anywhere on the Property except
inside a garage. Any vehicle which cannot fit into a garage with the garage door
fully closed shall not be parked anywhere on the Property.


07.06 All Motor Vehicles parked on the property must be in operating order as it is often
necessary to clear parking lots for maintenance and snow removal, or in the event
of an emergency. Vehicles in a non-operative condition, not in a good state of repair,
or not currently licensed for road use shall not be left standing anywhere on the
property except in a garage space owned or rented by the Motor. All vehicles must
have current license tags.
An inoperable vehicle includes any vehicle which:
- Has a flat tire or broken-our window.
- Has a hood or trunk which cannot be properly closed and locked.
- Is leaking fluid such as gas or oil.
- Is up on blocks or any kind of jack.
- Cannot be started when it must be moved for snow removal or other parking lot
maintenance.


07.07 Parking Lots and driveways are not to be used for the storage of Motor Vehicles. Any
Motor Vehicle which has not been operated on the public streets within the previous
fourteen (14) days is considered a stored Motor Vehicle and is prohibited.
EXCEPTION: Motor vehicles may only park in an unassigned space for up to 72
hours. (Rule 06.03c)


07.08 Vehicles are not to be covered by car covers, tarps, etc., unless parked in a garage.


07.09 Owners/Residents are responsible for any illegally parked vehicles belonging to their
guests or visitors.


07.10 Motorcycles must be parked on the asphalt rather than on sidewalks, patios or lawn
areas. During warm weather, a block of wood or similar protection must be used
under the kickstand to prevent damage to the asphalt surface.


07.11 Snow Removal: In order to effectively clear snow from parking areas, a snow
emergency will be declared following all snowfalls of 1-1/2” and greater, as
measured at the MSP Airport. If the snowfall has stopped by 7:00 a.m., all vehicles
must be removed from the parking lots by 9:00 a.m. that same day, and must remain
out until the lot has been completely plowed. If the snowfall stops after 7:00 a.m.,
then the complete plowing will be done the following day with the same
requirement that all vehicles must be out of the lots from 9:00 a.m. until plowing
has been completed in that lot. Violators are subject to the assessments of fines
against the unit owner, and repeat violators are subject to having their vehicles
towed and impounded. This policy applies only to the full lot plowing after a
snowfall.


07.12 Changing of oil and other maintenance work on vehicles shall take place only in
garages. However, minor emergency repair such as changing tires or batteries, and
the adding of oil, anti-freeze or washer fluid are permitted in the driveways and
parking lots.


07.13 Petroleum products are harmful to asphalt surfaces. Care must be taken to promptly
clean up oil and gas spills. Vehicles must be kept in a good state of repair so that
gas or oil leaks do not damage asphalt surfaces.


07.14 Garages cannot be used for storage or other purposes which would prevent the
parking of Motor Vehicles in the garage. (Declaration reference: Section 7.8)


07.15 Garage doors must be kept closed and secured when unattended.


07.16 Cooking appliances such as grills and fryers must not be used inside garages. This
not only creates a fire hazard but can cause a dangerous carbon monoxide buildup
and is a violation of fire code.


07.17 Upon written request by the Association, a Resident must provide the Association
with the following information concerning the Motor Vehicles they park on the
Property: make, model, year, color, and license number.


07.18 Strict compliance with regulatory signs posted by the Association and/or City is
expected. Such signs include No Parking, designated Fire Lane, Speed Limit, etc.
The Board or its designees are authorized to order improperly parked vehicles
towed from the Property at the vehicle owner's expense and WITHOUT PRIOR
WARNING. (Declaration reference: Section 7.8)


07.19 Plug in Electric Vehicles: Due to common metered exterior electrical outlets and
safety concerns with electric cabling on Common Elements, the use of Association
outlets to charge plug in electric vehicles or hybrid electric vehicles is prohibited. In
addition, electric cords are not to be strung across Common Elements at any time.
(See Rule 04.01).


08 GARBAGE, TRASH, AND RECYCLING
08.01 The trash and recycling service contracted for by the Association is intended for use
by residents in disposing of normal, everyday household trash and garbage.
Construction debris, furniture, appliances, and carpet are not part of regular trash.
Dumpsters are permitted with Board approval for short periods of time during the
demolition phase of a remodeling project.


08.02 Each unit is allowed up to two trash bins for weekly pickup, not to exceed 64 gallons
total. The cost of trash removal beyond the allowed amount will be at the expense
of the owner. Arrangements for extra trash removal should be made in advance with
the Management Company.


08.03 All garbage for pickup must be in bins with a tight fitting lid. Trash bins must be
stored in within the trash fence enclosure. No storage outside the trash fence areas
is permitted.


08.04 Garbage and recyclables should be placed in front of the trash enclosures no earlier
than 8:00 PM the day before pickup.


08.05 After the garbage has been picked up, trash carts and recycling bins should be
returned to the trash enclosures as soon as possible, but no later than midnight the
day of pickup. If you will be away from home (even overnight) the Resident should
arrange with a neighbor to put away their trash cart and recycle bin.


08.06 Boxes, heavy cardboard, etc. should be broken down or cut up before they are set
out for recycling pickup.


08.07 Refuse containing toxic pollutants, such as batteries, tires, paint or fluorescent bulbs
cannot be disposed of in the trash carts or recycling bins. It is the responsibility of
the individual Resident to dispose of these items. More information on recycling in
Hennepin County is available at http://www.hennepin.us/recycling.


08.08 The Association will arrange for pickup of Christmas trees in January and notify the
Residents of the pickup date(s).


08.09 To protect the environment and reduce operating costs, all Residents are encouraged
to recycle. Please contact the Management Company to obtain a recycling bin.


08.10 Owners are responsible for maintaining their trash bin and recycling bins in a
sanitary condition.


08.11 Trash enclosure must be kept clean and free of debris at all times. In order to reduce
rodents and insects, and to prevent damage to the siding and trash fences, the only
items that may be stored in a trash enclosure are trash and recycling bins. Storage of
other items such as tires, batteries, toys, etc. is prohibited.

09 SALE OF UNITS
09.01 The Minnesota Common Interest Ownership Act requires that the seller provide the
buyer with a Resale Disclosure Certificate. The statute gives the buyer a 10-day
rescission period following receipt of the Certificate. The Certificate can be obtained
from the Management Company for a fee, payable in advance.


09.02 To establish their membership privileges and voting rights in the Association, buyers
must provide the Management Company with a copy of the document evidencing
transfer of ownership rights.


09.03 No signs or other visible advertising announcing the availability of the Unit for sale
will be permitted anywhere on the property. This restriction includes signs or
displays in Unit windows.


EXCEPTION: Two signs, not exceeding 2’ x 3’, announcing an “open house” are
permitted during the hours of the “open house.” One sign may be placed at one
entrance from a public street and one sign may be placed in front of the dwelling.

10 LEASE OF UNITS
10.01 The Town Oaks Amended and Restated Declaration recorded November 9, 2011
restricts the leasing of units. Owners who purchased their units after November
9, 2011 are prohibited from leasing their units. Owners of record prior to
November 9, 2011 are “Exempt Owners” and may lease their Units by following
the rules and procedures outlined in this section.


10.02 City of Minneapolis requires that owners who do not occupy the unit themselves
must obtain a Rental Housing License. The term “rental housing” means any
dwelling that is not owner occupied, and includes dwelling units that are
unoccupied or those occupied by a relative of an owner. However, if the owner
occupies the unit for a minimum of six months per calendar year and the unit is
unoccupied the remainder of the year, a Rental Housing License is not required.


10.03 The Association requires that all leases shall contain the mandated Crime-Free/Drug-
Free language. Please note that this lease addendum is required even if the unit is
occupied by a relative of the unit owner.


10.04 The Unit Owner must carefully screen each prospective adult renter based on their
rental history:
     a. The Unit Owner must get a reference from, at a minimum, each prospective
renter’s current and most recent prior landlord in writing.
     b. The references must clearly indicate that each prospective renter has a history of
not disturbing neighbors, damaging property, or violating management policies.
     c. The Unit Owner must use an established rental application investigation
company which is located in the Twin Cities metropolitan area to screen the
rental application of any adult who will reside in the Unit. The Association can
provide a list of such companies.
     d. The Unit Owner must not rent to prospective renters who cannot provide
verifiable rental references.


10.05 The Unit Owner must also conduct a criminal background check on each
prospective adult renter. The criminal background check must include the
following:
     a. A statewide (Minnesota) criminal history check covering the last seven years
and utilizing the most recent update of the state criminal history files;
     b. A statewide criminal history check from any state other than Minnesota in
which the prospective renter has lived during the last seven years.
     c. A criminal history check for the prospective renter for all eleven counties in
the metro Twin Cities area (Hennepin, Ramsey, Anoka, Carver, Dakota, Scott,
Washington, Wright, Sherburne, Isanti and Chisago) covering the last seven
years and including all misdemeanor, gross misdemeanor and felony
convictions.


10.06 All adult renters must be on a written lease which complies with the Association’s
Declaration. At a minimum, this includes the following:
     a. Lease must be for the entire Unit;
     b. Minimum term of one year;
     c. Must be in writing;
     d. Lease must provide that it is subject to the Governing Documents, the Rules &
Regulations, and the Minnesota Community Interest Ownership Act, and that
failure of the lessee to comply with those documents shall be a default under the
lease;
     e. Provision which allows representatives or agents of the Association to enter the
Dwelling at reasonable times with notice, and to enter the Dwelling at any time
without notice in an emergency.


10.07 Unit Owners who elect to lease their Units are to notify the Management Company
in writing prior to the Resident taking occupancy. This notification is to include the
following:
     a. Verification from the firm which performed the background investigation check
that the investigation was done. The verification must disclose the name(s) of
the prospective renter(s) who were screened and the address of the premises for
which the investigation was conducted.
     b. A copy of the signed lease.
     c. Signed Acknowledgement of Rules and Regulations form (available from the
Management Company).
     d. A completed Renter Information form (available from the Management Company).
(Declaration Reference: Section 7.5)


10.08 Absentee Unit Owners must also provide:
     a. Owner's mailing address.
     b. Owner's home and work telephone numbers (Owner may designate work
number as emergency only).
     c. Name, address and telephone number of a person to contact in case of emergency.


10.09 Subletting is not allowed.


10.10 All rules, regulations and restrictions of the Association apply to all Residents,
Renters as well as Unit Owners. Owners are required to furnish a current copy of
the Rules and Regulations to their Renters.


10.11 The Unit Owner is responsible for the actions of all Unit Residents. This includes
the payment of any fines assessed, and the repair costs of any damages caused to the
Common Elements.


10.12 The following penalties will be imposed (subject to the Unit Owner’s appeal rights)
for violations of the following leasing requirements. (Due to the infrequent nature of
leasing violations, there will be no warning letter prior to the assessment of these
fines.)
     a. If a Residential Unit is being occupied by renters and a Rental Housing
License has not been obtained, a fine of $10 per day will be assessed until
the License has been issued by the City.
     b. If the Unit owner cannot or will not produce the required records indicating
that the renter was subjected to the background investigation required under
10.04 and 10.05, a $500 fine will be assessed.
     c. A $10 per day fine will be assessed for failure to provide the information
required by 10.07, until the information has been provided.
     d. If the lease does not include the terms and addendums required under 10.03
and 10.06, a $500 fine will be assessed.

11 MOVE-INS AND MOVE-OUTS
11.01 Move-ins and move-outs are permitted only between 8:00 A.M. and 10:00 P.M.


11.02 The Owner is responsible for payment for damage to the Common or Limited
Common Elements and those portions of the Unit the Association is responsible for
maintaining incurred during a move-in or move-out. (Declaration reference: Section
9.5)


11.03 Trucks, vans or other vehicles used for moving in or moving out must be parked
only on asphalt areas without blocking the normal flow of traffic.


11.04 Only curtains, drapes, blinds and shades are to be used for permanent window
coverings. Sheets, blankets, etc. will be accepted as a temporary window covering
immediately after move-in but must be removed within 30 days.

12 DELINQUENT ACCOUNT POLICY
12.01 The Annual Assessment for each Unit is payable in 12 monthly installments, due on
the 1st day of each calendar month. If any installment of the Annual Assessment
becomes more than 60 days past due, then the Association may, upon 10 days
written notice to the defaulting Owner, declare the entire amount of the Annual
Assessment immediately due and payable in full. (Minnesota Statutes 515B.3-
115(K))


12.02 A statement shall be mailed to each owner on or about the 26th of the month. In
addition to other relevant information, the statement will disclose the previous
account balance, all new charges, the payments received since the last billing, and
the total amount which will be owed on the first of the next immediate month.
Failure to receive a statement, however, does not relieve the owner of the obligation
to make timely payment.


12.03 Monthly assessment installments are due and payable in full on the first of the month.
A late fee of $25 will be assessed the 16th of each month against all homeowner
accounts which were in a delinquent status at the close of business on the 15th. The
date received in the Management Company office will be the date upon which
payments will be credited to the respective Owner accounts.


12.04 Payments received will be credited to the Unit Owner's account in the following
sequence:
     1) Late fees and fines
     2) Special assessments
     3) Other charges
     4) Annual assessments, applied to the oldest outstanding amounts first.


12.05 Any account which becomes delinquent by 75 days or more will be referred to legal
counsel for collection.


12.06 All expenses relating to the collection of an account will be charged to the
delinquent owner.


12.07 There will be a $30 charge for any NSF check received in payment of fees, fines or
assessments.