(g)
Transportation in Elevators and Other Public Areas
(g-1)
Messenger/Trade Access
(g-2)
Trunks and Heavy Baggage
(g-3)
Carts, Recreational Wheeled Vehicles, Large Items, Contractors and Their
Equipment
(g-4)
Companion Animals (See Section 5(d) for Transportation of Dogs and Cats in
Elevators and Other Public Areas)
3. APARTMENT RULES
(a)
Use
(b)
Safety
(c)
Noise
(c-1)
Musical Instruments
(c-2)
Construction, Repair Work
(d)
Water Closet/Apparatus Use
(e)
Appliance Restrictions
(f)
Water Bed Restrictions
(g)
Building Façade Extensions Prohibited
(h)
Aerials/Satellite Dishes Restricted
(i)
Window Displays/Solicitation Prohibited
(j)
Window Care
4. EXTERIOR RULES
(a)
Terrace, Balcony, Roof Limitations
(b)
Roof Use
(c)
Vehicle Parking
5. COMPANION ANIMAL RULES (DOGS, CATS, BIRDS)
(a)
Community Relations
(b)
Conduct
(c)
Limitations
(d)
Transportation in Elevators and Other Public Areas
(d-1)
Dogs
(d-2)
Cats
(d-3)
Dogs in Designated Elevators
(d-4)
Dog Walkers
(d-5)
Service Elevator Availability
6. MAINTENANCE RULES
(a)
Refuse Disposal
(b)
Service Complaints and Requests
(c)
Access for Vermin and Health Hazard Control
7. ADMINISTRATIVE RULES
(a)
Apartment Insurance
(b)
Moves; Deliveries
(c)
Alterations, Decorating
(d)
Private Use of Staff
(e)
Keys
(f)
Open Houses; In-Apartment Exhibitions or Sales
(g)
Sale, Sublet,
Refinancing, Transfer of Shares, Transfer Fees, Guest Policies
(g-1)
Sublets
(g-2)
Guests and Roommates
8. BREACH OF RULES
9. RULE AMENDMENTS; APPROVALS REVOCABLE
THE VERMEER OWNERS,
INC.
HOUSE RULES
(Consolidated - May 26, 1995; February
I, 2008)
1. DEFINITIONS
(a) Residents The term "residents" is used where the
rule is intended to apply to all apartment occupants, including shareholders,
shareholder/lessees, tenants, family members, roommates and guests.
(b) Tenants The term "tenants" is used where the rule
is intended to apply to under tenants and sub-lessees who reside in the
building pursuant to subleases approved by the Board of Directors in accordance
with the Proprietary Lease.
(c) Corporation The term "corporation" means the
cooperative corporation or The Vermeer Owners, Inc. and is used where the rule
is intended to apply only to the lessor, defined in the Proprietary Lease as
the owner of the land and building erected in the City of New York, known as
The Vermeer, 77 Seventh Avenue, New York, New York 1001 1.
(d) Shareholder The term "shareholder" is used where the
rule is intended to apply only to the lessee, defined in the Proprietary Lease
as the owner of shares of the lessor, or Cooperative Corporation, which have
been allocated to the lessee's apartment in the building.
(e) HR1995 "House Rule1995" plus a number indicates
the rule's location in the Rules distributed in 1995 as amended through that
date. Paragraphs without a 1995 number represent policies that were adopted
after 1995 or that were not incorporated into the Rules at that time.
(f)
Clarified 2/08 Minor editing
incorporated: no substantive change.
(g)
Amended 2/08 Substantive change
incorporated.
2. PUBLIC AREA RULES
(a) USE
(HR1995-1)
The public halls and
stairways of the building shall not be obstructed or used for any purpose other
than ingress to and egress from the apartments in the building.
(b) ARTICLE PLACEMENT (HRI 995-5, amended and clarified 2/08)
No article shall be placed
in the halls or on the staircase landings or elevators nor shall anything be hung,
shaken or thrown (including cigarettes) from the doors, windows, terraces, balconies
or roofs or placed upon the window sills, ledges or fire escapes, if any, of the
building.
It is a violation of Fire
Department regulations to keep items such as shoes, boxes, umbrellas, bottles,
package or "diet" box deliveries or accumulated magazines and newspapers
in common hallways outside of apartment doors. When out of town, shareholders
should arrange to suspend newspaper or other deliveries to their door or
request that they be held in the package room.
(c) WHEELED ITEMS (HRI 995-8; amended 6/21/95, 911 2/05) (See also
Par. 1 (g) -Transportation in Elevators). No velocipedes, mopeds, bicycles,
scooters, strollers, baby carriages or other wheeled items shall be allowed to
stand in public halls, passageways, areas or courts of the building. No
recreational wheeled items, including but not limited to skates, skateboards,
bicycles, scooters, and roller blades, shall be ridden or used in the lobby or
other public areas.
No public hall of the building
shall be decorated or furnished in any manner without the prior consent of the Board
of Directors. It is a violation of Fire Department regulations to display live and/or
non-fireproofed wreaths on apartment doors.
(e) PLAY PROHIBITION (HR1995-2, clarified 2/08)
No resident or guest,
including children, shall play in the public halls, courts, stairways,
basement, lobbies, elevators, on the roof or any other common area of the
building.
(f) BICYCLE ROOM AND OTHER SPACES (HRI 995-1 7, amended 2/08)
The corporation shall have
the right from time to time to curtail or relocate any space devoted to storage
or other use. There are a limited number of bicycle storage spaces available on
a first come first serve basis. Consult the Concierge Desk or the managing
agent for bicycle space application, required fees and key access. Residents
assigned bicycle space(s) pursuant to a signed agreement must comply with all
rules posted in the Bicycle Room. The corporation reserves the right to revoke assigned
space(s) for non-compliance with the rules and shall have the right to curtail or
relocate any space devoted to such bicycle storage use.
(g) TRANSPORTATION IN ELEVATORS AND OTHER PUBLIC
AREAS (See also Companion
Animals paragraph 5 (d) and Wheeled Items paragraph 2 (c))
Messengers
and trade people shall use such means of ingress and egress as shall be designated
by the corporation.
(g-2)
TRUNKS AND HEAVY BAGGAGE (HRI
9951 1)
Trunks
and heavy baggage shall be taken in or out of the building through the service
entrance.
(g-3)
CARTS. RECREATIONAL WHEELED VEHICLES, LARGE ITEMS, CONTRACTORS AND THEIR
EQUIPMENT. (HRI 995-28; Amended
911 2/05; 5/06; Clarified 2/08).
Residents,
their guests and household help, with luggage, laundry or grocery carts must
use the service elevator unless it is out of service. Residents with prams or
strollers may use the passenger cars. Delivery persons, contractors and movers
must use the service elevator. All furniture, as well as bicycles and other
recreational wheeled items, must be transported in the service elevator.
(g-4)
COMPANION ANIMALS (See Section
5(d) for Transportation of Dogs and Cats in Elevators and Other Public Areas.)
3. APARTMENT RULES
(a) USE.
(Clarified 2/08)
Apartments may be used for
residential purposes only. Shareholders may not maintain an apartment for
investment purposes and may only rent on a limited basis pursuant to a Board of
Directors' approved sublet. (See Section 7(g-1) Sublets.) Residents are not
permitted to conduct business or see clients in the building. No solicitation
of any kind is permitted in the building, except in connection with building
affairs. (See also Section 7(f) Open Houses; in-Apartment Exhibitions or
Sales.)
(b) SAFETY (Clarified 2/08.)
Residents shall comply with New York City laws
requiring the installation and maintenance of smoke and carbon monoxide detectors
in each apartment. Residents shall also comply with all other City codes
applicable to apartments in multiple dwellings including those circulated each
year by the managing agent regarding Fire Safety, Emergency Preparedness and
the required installation of window guards in apartments where children age ten
years or younger reside.
No resident shall make or permit
any disturbing noises in the building or do or permit anything to be done therein
which will interfere with the rights, comfort or convenience of other
residents. Between the hours of 11:00 p.m. and the following 8:00 a.m., no
resident shall be permitted to operate a sound system, radio, television, CD/DVD,
exercise equipment or other noisy machinery in resident's apartment in a manner
that may disturb or annoy other occupants of the building. Any such sounds
sufficiently loud as to be audible through the walls between units are deemed
unreasonably loud and not permitted.
No resident may bring drums
or other percussion instruments (except pianos) or electronically amplified
instruments of any kind into the building. Residents who maintain musical
instruments in their apartments may play them only between the hours of 9 a.m.
and 9 p.m. and in such a manner as to be sensitive to other residents.
(c-2) CONSTRUCTION, REPAIR
WORK (HR1995-4; Amended 811
1/82; 2/08)
No construction or repair
work or other installation involving noise shall be conducted in any apartment
except on weekdays (not including legal holidays) between the hours of 8:00
a.m. and 5:00 p.m., and on Saturdays between the hours of 10:00 a.m. and 5:00
p.m. No such work will be conducted on Sundays or holidays as listed on the yearly
holiday schedule available at the Concierge Desk.
No Alteration or Decorating
work performed by contractors shall be conducted in any apartment except on
weekdays during hours noted above, not including the yearly holiday schedule.
(d) WATER CLOSET/APPARATUS USE (HR1995-13, Amended 2/08)
Water closets and other
water apparatus (including toilets, sinks, showers and bathtubs) in the
building shall not be used for any purposes other than those for which they
were constructed, nor shall any sweepings, rubbish, rags, cat litter, or any
other articles be thrown into them. The cost of repairing any damage resulting
from misuse of any water closets or other apparatus shall be paid for by the
shareholder in whose apartment it shall have been caused. No Jacuzzi, toilet,
tub or shower may be installed without written approval of the building's
managing agent. In the event that a toilet is being replaced, it must be
replaced by a toilet that uses a tank flush system. (Consult with the corporation's
Alteration Policy and Agreement available at the Concierge Desk or from the
managing agent for details.)
No clothes washer and/or dryer
of any type, or electric oven (not including microwave) or ranges shall be installed
by any shareholder or tenant in any apartment.
(f) WATER BED RESTRICTIONS (HRI 995-26, Added 5/23/88)
No resident or tenant shall install
a water bed in any apartment unless written permission has been obtained therefore
from the Board of Directors. Such permission shall be granted only upon proof
of medical necessity and such liability insurance coverage as the Board may from
time to time require. (Applicable to water beds acquired after date of
enactment.)
(g) BUILDING FACADE EXTENSIONS PROHIBITED (HR1995-6, Amended 9/8/82)
No object of any kind,
regardless of form or size, shall be installed or used if the same extends or
protrudes beyond the building facade or any window. No window air conditioning
units shall be installed. Air conditioning units, even those of the
"energy saving or efficiency" type may be installed only in the
existing sleeves already provided therefore. However, no part of the apparatus
shall extend beyond said sleeve.
No radio, television aerial
or satellite dish shall be attached to or hung from the exterior of the building
without the prior written approval of the corporation or the managing agent.
No sign, flag, notice,
advertisement or illumination shall be inscribed and, except for shades, drapes
or blinds, nothing shall be adhered to or otherwise attached or exposed on or
at any window or other part of the building, except such as shall have been
approved in writing by the corporation or the managing agent. No solicitation, including
under doors, shall be permitted in the building, except in connection with building
affairs.
(j) WINDOW CARE (HR1995-20) Shareholders shall keep the windows of the apartment clean.
In case of refusal or neglect of the shareholder during 10 days after notice in
writing from the corporation or the managing agent to clean the windows, such cleaning
may be done by the corporation, which shall have the rights, by its officers or
authorized agents, to enter the apartment for the purpose and to charge the
cost of such cleaning to the shareholder.
Any structure, installation
or planting on any terrace, balcony, setback or roof must comply with the New
York City Building Code including the maximum live load regulations which limit
the size and weight of such additions.
No shareholder shall install
fences, awnings or structures of any kind, including automatic watering
systems, immovable and/or heavy furniture or sculpture on any terrace, balcony,
setback or roof without the prior written approval of the corporation, and, if
appropriate, the New York City Department of Buildings.
No shareholder shall install
fences, awnings or structures of any kind on any terrace, balcony, setback or
roof which do not have access through the apartment by a door.
No shareholder shall paint
the walls or surfaces of any terrace, balcony, setback or roof without the
prior written approval of the corporation nor shall outdoor carpeting, wood
decks, or other terrace surface covers be permitted.
No cooking shall be permitted
on any terrace, balcony, setback or roof of the building.
Shareholders shall be
responsible for maintaining all terrace and balcony drains clear of debris and
leaves. Planters and furniture shall be placed to allow access for routine maintenance
of plants and easy flow of water to the drain.
No shareholder shall install
any plantings on any terrace, balcony, setback or roof without the prior
written approval of the corporation. Plantings and/or planters, where allowed,
shall conform to the Terrace Planter Guidelines that can be obtained from the managing
agent, including, but not limited to, the following:
-The total
calculated weight of all planters on any terrace surface shall not exceed three
(3) pounds per square foot on the total terrace area (i.e., a 300 square foot
terrace may not have more than 900 pounds of planters.)
-Plantings shall
be contained in clay pots or containers of rot resistant wood, plastic or other
durable lightweight materials.
-Containers and
heavy pots shall stand on supports at least two inches from the terrace,
balcony or roof surface.
-Pots must be
placed on drainage saucers. Square and rectangular planters must be placed on
stone or concrete bearing blocks. Wood blocks, which can rot, and metal wheels,
which can rust, shall not be permitted.
-All planters
must be placed a minimum of ten inches from any wall, parapet, fence, drain,
pitch box or other planters. For small terraces and balconies, requests to
reduce this to a minimum of four inches may be submitted to the corporation for
review on a case by case basis.
-Suitable weep
holes shall be provided in all planters to draw off water.
-Planters with a
soil depth greater than fourteen inches must be supported with supplemental
support that will properly distribute the weight.
-No plants will
be allowed to grow onto any wall, fence or parapet.
-No plants will
be allowed to grow out over the parapet.
-No plants will
be allowed over eight feet in height.
-No planters will
be allowed over 200 pounds with soil or 50 pounds without soil in weight.
-No planter may
be attached to, rest on, or be suspended from any wall, parapet or fence.
-It shall be the
responsibility of the shareholder to maintain all plant materials and containers
in good condition and the drainage weep holes in operating condition. The cost
of repairing any damage resulting from not adhering to these rules shall be
paid for by the shareholder.
The roof has been reserved
for the quiet enjoyment of residents. This area may be used for sitting, walking
and sun bathing. Outdoor furniture owned by the corporation is kept on the roof
for the enjoyment of residents during the warmer months. Residents must observe
the following rules when using the roof and are required to maintain a quiet
demeanor at all times:
-Roof hours:
8A.M. to 11 P.M.
-Soft-soled shoes
must be worn.
-No alcohol is
permitted on the roof deck.
-No glass
containers or bottles. Plastic only.
-No broadcast
music, use your headphones.
-No animals.
Leashed or unleashed.
-Children under
the age of 14 must be accompanied by an adult.
-Gatherings of no
more than 8 persons per apartment.
-The Board
restricts residents to no more than 2 guests per apartment for the Fourth of
July fireworks or other events attracting shareholders building-wide, e.g. co-op
sponsored parties or community-based, city, state or federal celebrations and/or
parades.
-Clean up when
leaving and remove all items brought to the roof.
-Dispose of
cigarette butts in sand pails, not in planters, not on the roof deck floor and
not over the deck wall.
(c) VEHICLE PARKING (HRI 995-1 7)
No vehicle belonging to a
shareholder or to a member of the family or guest, tenant, licensee or employee
of a shareholder shall be parked in such manner as to impede or prevent ready
access to any entrance of the building by another vehicle.
The Vermeer has been and
will remain a pet friendly building. To foster a constructive community
relationship between pet owners and other residents, the Vermeer Companion Animal
Etiquette booklet should be read in conjunction with this rule and is
incorporated into the rules by reference. All complaints about pets should be
addressed to the managing agent who shall refer them to the Board and Companion
Animal Committee.
(b) CONDUCT
Subject to the provisions of
this rule, no bird or animal shall be kept or harbored in the building unless
the same in each instance be expressly permitted in writing
by the corporation; such permission shall be revocable by the corporation. In no
event shall any animal be permitted in any of the public portions of the
building unless carried or on a short leash.
In no event shall any animal
be permitted to soil in public areas and hallways of the building, directly in
front of the building entrance or in any tree pit surrounding the building.
Companion Animal owners are responsible for cleaning up after their pets but
also should notify building staff for follow up maintenance/cleaning if needed.
No pigeons or other birds or animals shall be fed from the window sills,
terraces, balconies, roof or in the yard, court spaces or other public portions
of the building, or on the sidewalk or street adjacent to the building.
(c) LIMITATIONS
Residents may keep up to two
dogs per apartment. While a two-dog maximum shall be the limit, residents may
seek Board permission to keep additional dogs where there are special
circumstances. Such applications are to be made in writing to the Board of
Directors and will be determined at the discretion of the Board on a case by
case basis. Residents with more than two dogs in occupancy as of May 1, 2006
may maintain the number of dogs they own as of this date. However, in the event
a dog passes on, the number of dogs will be subject to the provisions of this
rule.
(d) TRANSPORTATION IN ELEVATORS AND OTHER PUBLIC
AREAS (HRI 995-28; Amended 911
2/05; 5/06; Clarified 2/08.)
(d-1) DOGS
Residents
walking dogs should ensure that their animals do not annoy those who may
dislike or fear dogs in the elevators, hallway and in other public areas of the
building. Dogs must be on a short leash at all times in the elevators, hallways
and other public areas. Residents transporting dogs in passenger elevators
should take particular care that others are not disturbed by their animals,
that their animals sit in the elevator and do not jump on other passengers.
(d-2) CATS
Cats
are not permitted to roam the hallways or other public areas of the building.
Cats (with or without their human companions) are not permitted to loiter in the
hallways. Residents must use a carrier to transport cats in and out of the
building.
(d-3) DOGS
IN DESIGNATED ELEVATORS
Residents transporting larger dogs, dogs that
are unruly or aggressive or three or more dogs are requested to ride in the
service elevator unless unavailable, unless a dog is ill and cannot wait for
the service elevator, or unless a passenger elevator on the ground floor is
empty of all other passengers upon take-off. All other dogs may be taken in the
passenger elevators provided they are carried or on a short leash.
(d-4) DOG
WALKERS
Professional
dog walkers are prohibited from bringing more than one non-resident dog into
the building while picking up and returning resident dogs and are required to
transport such dogs in the service elevator unless unavailable.
(d-5)
SERVICE ELEVATOR AVAILABILITY
The
service elevator may be deemed unavailable when being utilized for garbage
collection, the transportation of luggage carts, contractor equipment, large
delivery items, or, at the discretion of a dog owner, where another larger dog
is already in or about to enter the service elevator.
When
the service elevator is unavailable or a sick dog is being transported, owners
or dog walkers may use the passenger elevator provided they have determined before
entering that other elevator passengers are comfortable riding with their dogs,
as set forth in the booklet on Companion Animal Etiquette.
6. MAINTENANCE RULES
(a) REFUSE DISPOSAL (HR1995-12, Clarified 2/08).
Garbage and refuse from the apartments
shall be disposed of only at such times and in such manner as the superintendent/resident
manager or the managing agent of the building may direct.
All residents, guests and
household help are responsible for following garbage disposal rules as posted
in the compactor room. These rules include the disposal of non-recyclable items
down the compactor chute, washing out all recyclable and other items left in
the compactor room, proper placement of recyclables in designated bins in the
compactor room and compliance with needle disposal instructions. Large items to
be disposed must be brought to the basement and left near the basement service elevator
door; no large items may be left by service elevator doors on apartment floors.
(b) SERVICE COMPLAINTS AND REQUESTS (HR1995-21, Clarified 2/08).
Complaints and requests
regarding the service of the building shall be made in writing to the managing
agent of the corporation, unless the managing agent designates in writing that
such complaints be directed to the building's superintendent/resident manager
or other individual. Consult Concierge Desk for current procedures including
work order forms to be filled out for non-emergencies and contact person for
emergencies.
(c) ACCESS FOR VERMIN AND HEALTH HAZARD CONTROL (HRI 995-24; Amended 2/08).
The agents of the
corporation, and any contractor or workman authorized by the corporation, may
enter any apartment at any reasonable hour of the day for the purpose of
inspecting such apartment to ascertain whether measures are necessary or desirable
to control or exterminate any vermin, insects or other pests and for the purpose
of taking such measures as may be necessary to control or exterminate any such
vermin, insects or other pest. If the corporation takes
measures to control or exterminate carpet beetles or bed bugs, the cost thereof
shall be payable by the shareholder, as additional rent.
7. ADMINISTRATIVE RULES
(a) APARTMENT INSURANCE (Adopted August, 2004)
Every shareholder shall, at his
or her own cost and expense, obtain and keep in full force and effect, comprehensive
public liability and property damage insurance, against any and all claims for
personal injury, death or property damage occurring in, upon, adjacent to or
connected with shareholder's apartment, and comprehensive all risk property damage
insurance, in respect of property damage occurring in, upon, adjacent to or
connected with the apartment, including an endorsement for shareholder's improvements
and betterment on a replacement cost basis.
Move-Ins, Move-Outs and Deliveries
may only be conducted in accordance with separate policy statement issued by
the corporation that can be obtained at the Concierge Desk or from the managing
agent. Consult the policy for requirements on scheduling, prior notice, deposits,
insurance, fees and other details.
Moves are generally
permitted Monday through Friday, 9:00 am - 5:00 pm, except holidays. Deliveries
are generally permitted Monday through Saturday and holidays, 9:00 am - 8:00
pm, except that deliveries that must be made via the West 14' St. Service
Entrance must be scheduled in advance. No deliveries, except for food and drug
store deliveries, may take place on Sundays.
(c) ALTERATIONS. DECORATING (Clarified 2/08)
Individual apartment
alterations and decorating may only be conducted in accordance with separate
policy statement issued by the corporation that can be obtained at the
Concierge Desk or from the managing agent. Consult the policy for approval and
specification requirements, scheduling, under what circumstances deposits,
insurance and/or fees are required, and other details.
Alterations and designated
decorating work must be approved by the managing agent prior to the
commencement of any work and may only be conducted on days prescribed in the
alteration or decorating agreement that must be signed by the managing agent
prior to work commencement. Alteration and decorating agreements may be
obtained from the managing agent.
(d) PRIVATE USE OF STAFF (HR1995-14, Amended 2/08).
No resident shall send any
employee of the corporation out of the building on any private business. No
staff may do private alteration or decorating work in shareholder's apartment
during work hours.
A copy of keys for all
apartment front door locks must be furnished to the building for emergency use.
Additional keys may be left with doorman for convenience use by the shareholder
or resident, however, doing so will be at the sole risk of the person leaving
said keys. The building assumes no responsibility for convenience keys left
with the doorman for third party individuals.
If a resident fails to
provide duplicate keys to management and an emergency entry is necessary, the
resident assumes all responsibility for repair and replacement of any lock or
entryway as may be necessary, as well as responsibility for any damage which
may result from the delay in access brought about by such failure to deliver a
key.
Subject to the provisions
noted above, the building is only responsible for repairing or replacing the
standard bottom building lock. The top lock, and any bottom lock replaced by
the shareholder, is the shareholder's responsibility.
(f) OPEN HOUSES; IN-APARTMENT EXHIBITIONS OR SALES(HR1995-19; AMENDED8/13/87; 2/1/06; Clarified 21/08)
No group tour or exhibition
of any apartment or its contents shall be conducted, nor shall any sale of
household goods or other merchandise be held in any apartment without the
consent of the corporation or its managing agent.
If group or open houses are
permitted, the shareholder or their agent or other representative must escort
the prospective purchaser in the lobby to the apartment or anywhere else in the
building and back to the lobby. Consult the Concierge Desk for current detailed
and scheduling open house rules.
(g) SALE,
SUBLET, REFINANCING, TRANSFER OF SHARES, TRANSFER FEES, GUEST POLICIES (Clarified 2/08)
Sales, Sublets, Refinancings
and Transfers of Shares must be approved by the corporation in accordance with
policies established by the corporation that may be obtained from the managing
agent. In accordance with the proprietary lease, all sales of apartments are
subject to the payment of a transfer fee. Consult with the managing agent for
current fees.
(g-1)
SUBLETS (Adopted 7/96; Amended
1/08) –
In
addition to the policies noted above, with regard to Sublets, with the approval
of the board of directors, a resident shareholder who has demonstrated an intention
to resume occupancy of the apartment in which he or she lives may be permitted
to sublet that apartment for a continuous period of between one and three years
to the same tenant, subject to the following terms and conditions.
i. All tenants must submit a completed Vermeer Owners, Inc. housing
application and be approved by the board of directors.
ii. All approved tenants must comply with all Vermeer Owner proprietary
lease and house rules provisions. The shareholder will be held responsible for
any lease or house rule violations engaged in by such tenants.
iii. The shareholder shall pay a sublet fee as determined by the Board of
Directors in addition to monthly maintenance charges.
iv. Shareholders are not permitted to sublet for as long as they own two
or more un-adjoined apartments at the Vermeer, while in occupancy of any of
such apartments.
v. At the conclusion of a sublet, no further sublet application for that
apartment will be entertained from the said shareholder for a period of three
years.
In
determining a shareholder's intent to reoccupy, the board will consider all
relevant facts and circumstances, including whether or not the subject
apartment has been recently offered for sale
In
addition, the board will entertain sublet applications when it deems that
conditions of extreme hardship or other exigent circumstances exist.
(g-2) GUESTS AND ROOMMATES (Clarified 2/08)
Guests and Roommates are
generally permitted to stay in an apartment provided that the shareholder is
present, that such shareholder submits the appropriate authorization form
available at the Concierge Desk for approval by the Board of Directors and that
such guests and roommates comply with all Proprietary Lease and Vermeer House
Rules provisions. The shareholder will be held responsible for any Lease and
House Rule violations engaged in by guests and roommates. The corporation
reserves the right to revoke the authorization granted herein for
non-compliance with the Lease or Rules.
8. BREACH OF RULES (Clarified 2/08)
The Proprietary Lease
provides that
(a)all shareholders are subject to the House
Rules, which are to be appended to the Lease,
(b) when furnished with a copy of the lease and rules, the shareholder
agrees to comply with the rules and see that they are faithfully observed by
shareholder's family, roommates, guests, employees and tenants,
(c)a breach of a House Rule shall be a default
under the lease, and
(d)the corporation shall not be responsible to
the shareholder for the non-observance or violation of House Rules by any other
shareholder or person.
Except for a breach in
companion animal rules, that will be referred initially to a Companion Animal
Committee of the Board as long as such committee is active, a breach of House
Rules will result in a warning letter from the managing agent or Legal Counsel.
Damages will be charged to cover any damage to public areas of the Vermeer
caused by a shareholder, their guests or agents. Further breaches may result in
the imposition of legal fees expended to seek compliance with a rule and/or the
imposition of a damage deposit requirement and may result in revocation of the
proprietary lease.
In the event the building
receives a violation or fine as a result of the action or inaction of any
shareholder or the failure of a shareholder to comply with local, state or
federal rules, regulations or laws, the cost of such fines or removing such
violations shall be borne by the shareholder.
The Proprietary Lease
provides that the Lease is subject to the House Rules and that the rules may be
added to, amended or repealed at any time by resolution of the Board of
Directors of the corporation. Any consent or approval given under the House
Rules by the corporation shall be revocable at any time.
