RULES AND REGULATIONS
1. Definitions for the purpose of these Rules and Regulations
1.1. "Association" shall mean the Port Esplanade Condominium Association, Inc.
1.2. "Board" shall mean the Board of Directors of the Association.
1.3. "Declarations" shall mean the Declaration of Condominium Ownership and amendments that have been recorded.
1.4. "Guests" shall mean any person or persons visiting an Owner or Tenant while the Owner is also present on the premises.
1.5. "Owner" shall mean the person or persons who shall hold title to the unit; if the Owner is a trust, the trustee or trustees, or up to three persons designed by the trustee who must be a current beneficial interest holder in the trust; the life partner or spouse of the foregoing; if the title holder is any other entity, up to three persons who shall be officers, directors or Owners (shareholders, members, partners) designated by the President or managing partner.
1.6. "Owner Authorized Occupant" (OAO) shall mean any person who occupies an Owners Unit for at least one night while the Owner is not present and is not a Tenant; and who is named by the Owner in a notice to all other Owners at least ten days prior to occupancy or as reasonably soon to the occupancy as is practicable.
1.7. "Premises" means the entire property as described in the Declarations.
1.8. "Quality of Life Issue" shall mean any infraction of these Rules and Regulations by an OAO or Tenant; and/or that an Owner's right to peaceful enjoyment of their unit has been compromised by the conduct of an OAO or Tenant or their guest or their animals.
1.9. "Tenant" shall mean any person or persons who occupy a unit with the Owner's consent while the Owner is not physically present and for which one or more of the following applies:
1.9.1. The Owner receives any form of compensation, either monetary or in kind, from the occupant;
1.9.2. The occupant pays directly to the Owner or to a third party on behalf of the Owner any expense of the unit, including but not limited to utilities, condominium fees or maintenance or depreciation other than a reasonable cleaning fee.
1.9.3. The Board determines that the relationship is such that it appears to be a landlord-tenant situation, after notice to the Owner and opportunity for the Owner to be heard.
1.10. "Unit" shall mean the condominium owned by an Owner as designated in the Declarations.
2. Rules Regarding Owner Authorized Occupants.
2.1. No more than two persons per bedroom plus the person's minor children (two maximum) shall occupy an Owner's unit at any one time.
2.2. No unit shall be occupied by an OAO for more than fourteen days in any three month period. If this time is exceeded the occupant shall be a Tenant. The Board may make an exception to this rule upon an Owner's application.
2.3. The Owner shall evict the OAO in the event the Board determines a quality of life issue arises. This shall be done only after a complaint is lodged with the Board by an Owner; the Board gives notice to all the Owners and the OAO; gives the parties involved an opportunity to be heard within ten days of the complaint; and determines by majority vote the complaint is meritorious. The Owner shall serve a notice to evict the OAO within one day after the Board's affirmative decision and shall proceed with legal eviction as required by law.
3. Rules Regarding Tenants
3.1. No more than two persons per bedroom plus the person's minor children (two maximum) shall occupy an Owner's unit at any one time.
3.2. The Owner shall have a provision in their Lease or Rental Agreement that provides for eviction under the terms set forth in paragraph 3.3 below; the Tenant sign a Lease Rider in the form attached to these Rules; and at least 5 days before the Tenancy deliver it to the Manager and within the same time frame shall provide all Owners with the name or names of the Tenants and a contact number.
3.3. The Owner shall evict the Tenant in the event the Board determines a quality of life issue arises. This shall be done only after a complaint is lodged with the Board by an Owner; the Board gives notice to all the Owners and the Tenant; gives the parties involved an opportunity to be heard within ten days of the complaint; and determines by majority vote the complaint is meritorious. The Owner shall evict the Tenant as soon as legally possible after the Board's affirmative decision.
3.4. The Owner shall pay the Association a $150 fee each time a Tenant moves in if their Unit is unfurnished and a $75 if their Unit is furnished. The Board may waive this fee if the Tenant is a Tenant's child, parent or sibling or if it determines there are special circumstances that warrant a waiver. The Board shall inform all the Owners of their action and reasons for it. In the event a OAO becomes a Tenant such fee is due.
3.5. The names of all Tenants must appear on the lease. No Tenant shall rent out, sublease any portion of the Unit or take on boarders. When an Owner renews a lease or rental agreement or making any changes, the Owner must follow all procedures applying to a new lease. If the Owner is renewing an existing lease, the unit Owner must deliver to the management company a copy of the original signed lease and a copy of the original signed "Rider to Lease" a maximum of ten (10) days after execution of the lease renewal.
3.6. Except for Tenants' bicycles, a Tenant shall only store personal property in their unit or limited common area (balcony) that goes with the unit. Bicycle may be placed in the bicycle rack provided outside Unit H.
4. Rules Regarding Guests, OAOs and Tenants
4.1. Tenants and OAOs are not allowed to have guests unless they are physically present. If Tenants or OAOs plan to have guests, they must be present on the property.
4.2. The Owner is responsible for providing the Tenant or OAO with a copy of the current recorded Declaration of Condominium Ownership and By-laws and a copy of the current Rules and Regulations. Copies may be purchased through the management company.
4.3. Owners shall only rent or lease their Units for a minimum period of six (6) months and comply with all laws, ordinances, rules and regulations. [Amended at the October 8, 2016 meeting.]
4.4. Owners are responsible for all damage caused by any Tenant, OAO or Guest.
5. Rules Regarding Pool and Patio Use
5.1. Owners must be physically present on the premises for another person or persons to use the pool or patio area. Use by persons not a Guest, OAO or Tenant is prohibited.
5.2. All persons using the pool and patio area shall conduct themselves in such a manner as to not affect the use, enjoyment or quality of life of any other occupant.
5.3. Between the hours of 11:00 PM and 7:00 AM persons using the pool and patio area shall reframe from making noise. Owners and Tenants may with the permission of the Board and notice to the Owners have affairs that extend into that quiet time.
5.4. A responsible adult must be physically present while any minor is using the pool and patio area.
6. Rules Regarding Maintenance, Garbage and Upkeep
6.1. Each unit Owner is responsible for policing and cleaning areas adjacent to their units. Each unit Owner shall maintain the walking areas adjacent to their units clear of any obstructions according to fire code. Unit Owners, OAOs, Tenants and guests are all responsible for policing and cleaning up their on debris from the other common areas such as halls, stairs, elevator, lobby, foyer, patio and laundry. As a general policy everyone should try to keep the premises free of all debris, whether created by them or someone else, at all times.
6.2. The City of New Orleans requires the Association to use a commercial garbage hauler, putting garbage on the street is no longer allowed. The garbage bins provided by the back stairs by washer/dryers should be used. All household garbage or items which have any food products on it shall be first tightly sealed in a plastic bag, no paper bags, before being deposited in the common garbage containers. Garbage bins should be put on the street the night before pickup which may vary, but now Wednesday and Sunday.
6.3. Anyone noticing problems with any common area or structural, electric or plumbing, should notify the President and Manager immediately.
7. Selling Your Unit and Signs
7.1. Refer to the Declarations and By-laws. Contact the management company for information regarding the procedures to be followed, any paperwork required, and any processing fees currently in effect. The unit Owner is responsible for providing the proposed purchaser(s) with a copy of the current, recorded Declarations and By-laws, and a copy of the current Rules and Regulations.
7.2. The seller must notify the Board of Directors of the buyers name and proposed date of sale.
7.3. A "For Sale" sign not larger than 24" x 32", may be placed inside a window or hung from the balcony of a unit for sale or under the balcony of Unit C. Only one sign may be displayed on the outside of the building. One Open House sign may be placed in front of a building during daylight hours two days a month.
7.4. All Vieux Carre΄ and city rules and regulations applying to signs shall be observed. Advertising may not be placed on any part of the building, or in any window.
Adopted 4/14/2001 Amended 7/12/2002, 7/9/2005, 11/12/2005, 4/11/2009, 10/8/2016