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Rules & Regulations
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Remodeling Rules

EL MIRADOR TOWER
REMODELING RULES & REGULATIONS

In accordance with the CC & R’s, the Articles of Incorporation, and the Bylaws of the Association the Board of Directors has established the following Rules and Regulations for Remodeling.

1. The term “remodel” or “remodeling” or “remodeled” is defined as follows: Any structural modification to the interior of a Unit, including, but not limited to movement, relocation, construction, or removal of Unit walls, doors, bathrooms, bathroom facilities, kitchen, kitchen facilities, balconies, balcony enclosures, or any other room or fixture other than wall coverings or carpeting.

2. No unit may be remodeled without complying with all of the following:

         a. Written permission from the Association must precede Unit remodeling. Written application for Association permission must be delivered to the office of the Association Manager prior to any Unit remodeling. Please see the Association manager for this application form.

         b. Any written application for permission to remodel a Unit must include the following:

                  1. A completed Architectural Improvement Request form signed by the Unit owner or                         their representative. Please see the Association manager for this form.

                  2. Written diagrams or drawings detailing the proposed remodeling.

                  3. A construction schedule.

         c. Oral or non-written applications for permission to remodel a Unit, made to the Association manager by any individual member of the Association Board of Directors, or at a regularly scheduled meeting of the Board of Directors, do not constitute an application for permission under the By-Laws. Any response to oral or non-written applications for permission to remodel a Unit may not be reasonably relied upon as the basis for remodeling a Unit.

3. Any written application for permission remodel may be conditioned upon the applicant obtaining and providing to the Board of Directors a City of Coronado building permit and/or all other permits or approvals required for the proposed remodel and a five hundred dollar ($500.00) refundable deposit to be held by the Association to secure costs of cleaning or repairs of common areas made necessary by the proposed remodel.

4. All written applications for permission to remodel shall be delivered to the Association manager for review and comment before submission to the Association Board of Directors for approval or non-approval. Applicants will be notified, no less than one (1) week before, of the date, time and place of any meeting where the application for remodel is to be considered.

5. The Association Board of Directors reserves the right to postpone its consideration of a proposal in order to conduct additional studies or to seek advice of outside consultants. The Association must render a decision within sixty (60)days of receipt of an application for remodel.

6. The Association Board of Directors, in reviewing each remodeling application, will exercise reasonable discretion in approving or disapproving a remodeling request. The Association Board of Directors may consider the following factors when determining whether approval of a proposed remodel should be granted:

          a. The possible adverse effects on other Units that may occur as a result of the remodel or construction associated with the proposed remodel.

          b The possible over-utilization of common areas, or increases in common area maintenance expense.

          c. Whether the proposed remodel violates the applicable Association CC&R’s, By-Laws\, Rules & Regulations, City of Coronado municipal law, the Uniform Building Code or any other applicable state or federal law or regulation.

         d. The aesthetic impact upon the architectural or visual integrity of El Mirador Tower and adjoining properties as reasonably determined by the Association Board of Directors.

7. The Association Board of Directors shall provide a written decision to an application to remodel a unit. If approval is denied the written decision shall describe the specific reasons for denial.

8. The applicant may appeal an Association Board of Directors denial of a unit remodel application by submitting it in writing to the Board of Directors, within thirty (30) days after the Association Board of Directors provides their written disapproval. The Association Board of’ Directors shall consider the appeal within sixty (60) days after the receipt of the written appeal. The applicant shall be notified (no less than a week before) of the date, time and place of any meeting being held to consider the applicants appeal.

9. All proposed remodels must be in strict compliance with all applicable Association CC&R’s, By-Laws, Rules & Regulations, Articles of Incorporation, City of Coronado municipal law, the Uniform Building Code, or any other applicable state or federal law or regulation.

10. An applicant, Unit owner or Unit resident who remodels a Unit without written permission from the Association Board of Directors must immediately remove or be financially responsible for the removal of said remodeling.

11. The Association Board of Directors or their agent shall have the right to inspect a Unit being remodeled at any time and at the time of completion of the remodel to ensure compliance with all applicable rules and regulations set forth herein.

12. No structural modification or alterations in a Unit are allowed that result in the creation of an additional bedroom or sleeping space in addition to the bedrooms that appear on the original condominium plan recorded in the Office of the County Recorder of San Diego County as Document No. 78-007400.

13. Relocation or detouring of existing vertical cable television lines in a Unit or common area is not permitted.

14. Any hard surface flooring in a unit must rest upon an approved flooring sub-system that complies with the Uniform Building Code. In addition to hard surface flooring, other permissible floor coverings in a unit are carpet over approved pad, or cushion-backed floor vinyl only.

15. The remodel applicant agrees to indemnity and hold harmless the Association, Association Board of Directors, and Association Building Manager and Management Company for any liability caused by a discharge of any material or substance, including hazardous material, in violation of California or federal law. Unit smoke detectors must be protected from airborne contaminants during any approved remodeling.

16. All disputes arising out of these Supplemental By-Laws, including, but not limited to, the enforceability of these Supplemental By-Laws, the approval or disapproval of a proposed remodel, or the enjoining or removal of an unauthorized remodel, will be resolved by submission to binding arbitration at the San Diego, California offices of Judicial Arbitration & Mediation Services, Inc. or the American Arbitration Association.

17. A copy of all required building permits and fire marshal approvals shall be provided to the Association.

18. In the event that the Association is required to challenge any unauthorized modification or nonconforming modification, the Association shall be entitled to recover its reasonable costs and attorneys fees.

19. Work in units is only permitted from 9:00 a.m. to 5:00 p.m Monday through Friday (except holidays). No work is permitted on Saturday and Sunday without prior permission from the manager.

20. If screens are to be installed, they shall be constructed of gray fiberglass screening with clear anodized 1” aluminum frames.

21. Only blinds, drapes, shutters, or curtains shall be used as window coverings. That portion of the window covering that faces the exterior of the building shall be white or off-white.

22. If the windows are to be tinted, the shade of tint shall be light gm. Please see the Manager to obtain a sample of the approved tint.

23. Channeling, coring, detouring or cutting of concrete floors, concrete ceilings, concrete columns, or concrete sheer walls is not permitted.

24. Construction debris must not be thrown down the trash chutes or placed in the Association trash dumpsters. Please bag your construction debris and arrange to have it removed.

25. The Association grocery carts and luggage carts are not to be used to carry construction materials to your unit or construction debris form your unit.

26. Smoke detectors must be protected from airborne contaminants. Warning! Do not leave the condominium without smoke detector protection! Sprinkler heads must not be painted or disturbed in any way.

27. You are responsible for any damage to common areas or required clean up in common areas caused by your workers. Common areas may not be used for storage.

28. In a limited number of areas, the construction of a storage box in the garage, adjacent to your parking space, may be permitted. Please see the Manager for specific rules and regulations regarding this matter.

29. Please call the Manager or the Doorman for a list of recommended craftsmen. If you have any questions, please contact the Building Manager.

30. No enlargement of the Unit is permitted except the enclosure of the balcony. See the following rules and regulations for balcony enclosures.


BALCONY ENCLOSURES (in addition to all other Rules & Regulations)

Warning! You may be incorporating into your living room an area with no real roof (the floor of the open balcony above your unit has no roofing material and was not made to be water proof! The Association will not be responsible for water leaks through the ceiling of your enclosed balcony area!

a. All new materials shall conform to the existing glass panels and aluminum frames in El Mirador Tower and shall conform to Coronado City building codes.

b. The leveling of any balcony floor shall be accomplished by the use of fire-retardant treated wood or equivalent. Terrace units are exempt from this rule.

c. The use of light weight concrete in conjunction with any element of a balcony enclosure is expressly prohibited. Terrace units may use light weight concrete to level the floor.

d. Balconies shall not be enclosed so that the glass will be placed to edge of the ledge. They will be recessed from the ledge and in-line with the existing windows.

e. The existing balcony railings shall remain in their original positions.

f. Corner units (‘02, ‘04, ‘07’ & ‘09). Vertical corner posts in the new window walls at the corners shall be equidistant from the existing railing corner posts and in-line with the existing

g. windows. Please sign below, copy, and return to the Association manager, acknowledging receipt and understanding of these rules and regulations.

Signature______________________________Date_______________Unit#______________