HomeMy WebLinkAboutFile Documents.650 S Monarch St.0129.2019 (3).ARBKDolomite Condominium Association – Construction Rules
The following rules have been adopted by the Board of Managers (the “Board”) of the Dolomite Condominium
Association (the “Association”) to protect the integrity of the General and Limited Common Elements of the
Dolomite condominium building, which include the condominium grounds, the exterior of the building including its
uniform appearance, and the building’s structural elements and utility systems, and to protect the quiet
enjoyment of the building by all homeowners and guests. These rules supersede all previous construction rules.
These rules must be followed by any unit owner (“Owner”) who desires to do renovations, remodeling or
decorating of any kind to the unit. Rules 1 through 16 apply to all projects including redecorating including such
work as painting, new carpets, or new tile on existing surfaces. In addition, Rules 17 through 20 apply to
renovations or remodeling projects that require a building permit or when required by the Board.
In all cases the Owner’s contractor must also follow the requirements of these rules. The Owner and his contractor
must make every effort to maintain the peace, privacy and quiet enjoyment of residences and tenants and the
cleanliness of their homes. The Owner doing the remodeling is responsible for the actions of his contractor,
subcontractors, and material suppliers.
1. Owner shall notify the Board and Managing Agent of the intent to remodel, renovate, or redecorate the unit.
The Board and Managing Agent will determine whether the scope of the project is Redecorating subject to Rules 1
through 16 or a more extensive remodel that is subject to Rules 17 through 20. In the case of an extensive
remodel, Owner shall submit an application signed by Owner and the contractor.
2. No alterations of any kind may be made to the exterior of the building including, but not limited to siding,
windows, balconies, doors, entryways, walkways, concrete walks, lawn areas, or to any of the building’s general or
limited common elements. Structural, heating, and electrical components are common elements subject to these
prohibitions and may not be altered without written approval by the Board.
3. Owner shall notify the Board and Managing Agent when work is to begin so that a preconstruction inspection of
the common areas can be made, at Owner’s expense. Work that may constitute a disturbance to other owners,
including but not limited to any demolition work, and must not be done before 8:00 am and after 6:00 pm, not on
Saturday and Sundays, and not during the following dates unless specifically approved by the Board.
1. December 23 - January 2
2. The Friday preceding Presidents Day through Presidents Day
3. The week of the Food and Wine Classic in June
4. The week of July 4
5. The Friday preceding Labor Day through Labor Day
6. Thanksgiving Day through the Monday morning following Thanksgving
05/20/2019
4. Owner shall notify the Board and Managing Agent when work is finished so that a post- construction inspection
of the common element areas can be made, at Owner’s expense. Any damage found will be corrected at Owner’s
expense. Construction must be completed within one year of the date of approval by the Board. In the event that
construction continues beyond this one year period, the owner must obtain a second written approval from the
Board.
5. Entryways, sidewalks, balconies, stairs, and parking areas shall be kept clean at all times. Dust from construction
work that settles on common element areas must be removed as soon as possible. The contractor shall exercise
every effort to keep dust, dirt, fumes, and odors from surrounding units, using all necessary mitigation efforts. Any
work that will create such problems must be discussed with potentially affected surrounding owners to determine
if there are allergies or other medical problems arising from dust, fumes, or odors. Low-toxicity paint, cleaners, and
other construction materials must be used. Trim and millwork shall be pre-finished. Any dust or dirt effecting other
units as a result of the remodeling or construction work shall be cleaned at the expense of Owner, and at the
convenience of the affected owner.
6. All work must be conducted within the unit being remodeled. No table saws and other such power tools may be
set up in the parking lot, on the sidewalks, or on balconies. No materials or equipment may be stored or staged on
the common elements.
7. In order to provide maximum comfort for Owners and residents in adjacent units, rules and regulations of the
City of Aspen concerning sound transmission must be followed completely. The Association reserves the right to
enforce its own rules against nuisances created by construction activities more strictly than per the City of Aspen
sounds transmission standards.
8. No construction dumpsters are allowed unless approved by the Board and Managing Agent as to existence,
location and size. Construction debris must be hauled away or placed in a construction dumpster. Construction
debris may not be put into the Associations dumpster.
9. All contractors must maintain safe, clean, and secure work areas at all times. Contractors must comply with
OSHA, State, and City safety rules. Flammable materials must be properly stored and secured.
10. Interruptions of utilities or fire alarm systems are not permitted without the prior written approval of the
Board.
11. Alcohol and drug consumption is strictly prohibited. The Managing Agent may remove any individual for
consuming drugs or alcohol, engaging in abusive behavior, working in an unsafe manner, disturbing other owners
or tenants, or otherwise harming the Association or the property.
05/20/2019
12. Construction vehicles may be parked at the building during the off-season, only if they do not obstruct parking
spaces used by owners or tenants in residence. During the summer and winter season construction vehicles may
only stop briefly for loading and unloading, but such vehicles must not be left unattended and may not block
access for owners or tenants. The Managing Agent is authorized to limit parking by construction related vehicles at
any time.
13. Work, including arrival noise, shall not begin before 8:00 a.m. and must conclude before 6:00 p.m. Work is not
permitted on Saturdays, Sundays, or national holidays unless special permission is given by the Board and
Managing Agent – see section 3.
14. Contractors and their employees are not permitted to have pets in the unit or on the grounds. Radios, car
stereos and other music devices may be used only inside the unit and at a volume that will not disturb other
occupants or neighbors.
15. Talking must be kept at a normal, conversational level. Shouting and cursing will not be tolerated.
16. Daily fines for violating these construction rules will be assessed. A warning will be given for the first violation
of these construction rules and the Managing Agent will review the violation with Owner and contractor. The daily
fine for the second violation of the same or similar nature within one year is $300. The daily fine shall be $1,000
for a third violation of the same or similar nature within one year. The daily fine shall be $2,500 for the fourth
and all subsequent violations of the same or similar nature within one year. Any fine so imposed shall constitute
a lien against the unit of the offending Owner, which may be foreclosed by the Association in the manner provided
in the condominium Declaration and By-Laws of the Association. The above fines are subject to change at the
discretion of the Board and alternative fines will be based on the seriousness and willfulness of the violation.
Furthermore, the Board may seek an injunction to stop work that is blatantly in violation of these rules.
For remodeling projects that require a building permit or when specified by the Board, the following additional
rules shall also apply.
17. Owner shall notify the Board and Managing Agent in writing of the desire to remodel or renovate the unit and
shall submit plans to the Board and Managing Agent at least 30 days prior to the anticipated commencement of
the work. No work may commence until plans have been approved in writing by the Board. As deemed necessary
by the Board, the plans may be reviewed by an engineer, architect, or other professional. Any invoices for such
services will be billed by the Managing Agent to the unit owner. If changes are found to be necessary, then new
plans must be submitted to the Board and Managing Agent before work can begin. The contractor must present a
construction management plan to the Board and Managing Agent at least 30 days prior to the anticipated
commencement of the work, which plan shall address all common elements that are potentially affected by the
work, including placement of dumpsters, parking, plumbing, electrical, mechanical, and structural issues. A
05/20/2019
properly issued building permit from the City of Aspen is required before the start of any work.
18. Following approval of plans, Owner shall provide the name of the contractor, with telephone numbers and
contact information, to the Board and Managing Agent. The Managing Agent will supervise the construction or
remodeling work for the Association.
19. Prior to commencement of work, the applying Owner shall make a deposit to a separate account managed by
the Managing Agent in an amount specified by the Board, but in no case less than $5,000 for any remodeling
project. The account shall be held by the Managing Agent to guarantee payment of the Association’s expenses
including, but not limited to, reviews of plans, engineering fees, cleanup cost, any necessary exterior repainting
(including stairs, balconies, sills & landings), and violations of rules. The exact amount of the required deposit will
be set by the Board and Managing Agent. If the amount of the required deposit is exhausted during the course of
the remodeling, Owner will be required to make a supplemental deposit in an amount to be determined by the
Board and Managing Agent and work will not be allowed to continue until such further deposit is made. In the
event of damage or a violation of these Rules and Regulations, the Association shall be entitled to recover the full
amount of the damage plus any fines assessed for the violation(s) of the Rules and Regulations and shall not be
limited by the amount of the deposit.
20. Owner will be required to demonstrate that he and his contractor have adequate liability insurance of at least
$2,000,000 to cover any loss that may be incurred by the Association or its members as a result of the project.
Notices required by these rules shall be delivered to the following address:
Dolomite Property Manager-Frias Properties of Aspen, 730 Durant Ave, Aspen, CO 81611
Cameron@FriasProperties.com
These rules were adopted at a regular open meeting of the Board of the Dolomite Condominium Association on
XXXXXX.
Certified by: _______________________________
Dolomite Condominium Association
05/20/2019