Rules and Regulations for Occupancy of Kenna Homes
June 19, 2017
1. Entry into Apartments by Management
a. The manager or his duly authorized representative shall have the right to enter apartments for inspection or repair during normal business hours. The Stockholder shall be provided 48 hours’ notice by both paper and message (telephone or text) prior to entry.
b. The manager or his duly authorized representative shall have the right to enter apartments without prior notification to the stockholder in case of an emergency (i.e., fire, smoke, gas smell, water leak, etc.).
c. If a Stockholder is not present during the entry, a notice shall be hung on the inside of the door stating what was done.
2. Occupants shall be responsible for all their garbage and waste to be deposited in cans provided by management for such purposes. Garbage disposals are not to be replaced and are no longer allowed to be installed. No occupant shall permit any other waste or garbage including, but not limited to, feminine sanitary items, diapers, or other non-biodegradable waste to be placed in drain pipes, commodes, or permit the disposal thereof in any manner that will damage the property.
3. Damage to an apartment through the negligence of any occupant shall be repaired by management at the expense of the occupant. The occupant shall promptly notify the Manager of any damage to the unit occupied by him or any need for repair to the apartment. Stockholders shall be responsible for all damages to the buildings, or parts thereof, or any of the other property belonging to the corporation caused by themselves, any member of their family, or visiting guest.
4. Dwelling units shall be used solely as a home for the occupant and his or her family. No business of any kind shall be carried on therein without the permission of the Board of Directors.
The maximum number of occupants for each dwelling unit shall be as follows: one bedroom unit, two persons; two bedroom unit, four persons; three bedroom unit, six persons. However, any occupant who has an increase in their family by birth or adoption of a child which puts the occupant’s family out of compliance with this Rule shall be allowed twelve months from the date of increase in family to come into compliance with this Rule No. 4 which shall become effective August 15, 2007. Occupant and his or her immediate family shall not be in violation of the Rule, if the maximum number of occupants for dwelling units is exceeded as of August 15, 2007, provided however, that the family membership shall not increase beyond the number of persons living in the unit on August 15, 2007, and that any decrease in the family membership which brings the family membership closer to compliance or into compliance shall not increase, thereafter, and provided further, that the occupant report to the Manager, no later than September 15, 2007, the names of all persons within the family residing in the occupant’s unit. Additions to or reductions of family membership shall be reported to the Manager as expeditiously as practicable.
In the event the stockholder is not living on the premises, only members of the immediate family, (immediate family defined as parents, children, siblings, and grandchildren) may reside in the unit for a period not to exceed thirty (30) days; a written request is required and a written answer shall be given from the Manager, or the President of the Board if the Manager is not immediately available. Said written request must state the name of the occupant and the name of the additional person, relationship, purpose of stay and length of time anticipated for the stay. Stays beyond thirty (30) days shall be granted only by the Board after written request to the Board and its approval in writing. Anyone not being a member of the immediate family is not allowed to occupy the apartment unit in the absence of the stockholder.
Effective May 12, 2015 any person aged eighteen (18) years or older who desires to establish domicile with a stockholder shall make application including background check and be voted in prior to moving in with that stockholder.
5. It is the duty of all the occupants to see that their halls are kept clean. Playing in the halls shall not be permitted.
6. Occupants shall not store nor place anything in the hallways, except, however, floor covering may be used in an exit stair or vestibule provided that it has been tested by ASTM E-648 radiant panel test, and also ASTM E-662 smoke density chamber test and passed both tests. Door mats, provided they have been tested under DOC-FF-1-70 and DOC-FF-2-70, may be used provided they each are secured by two sided tape. The office must be furnished a certificate from the manufacturer that the above mentioned specifications are met. Only aluminum blinds may be used on the hallway windows. The rule is sanctioned by the State Fire Marshal’s Office and our Insurance Company.
7. The Manager shall approve all alterations and redecorations within apartments. No occupant will tamper or make repairs to the plumbing, heating, electrical system or central air conditioning units: licensed persons are required to perform this work. When replacing a central a/c unit, a SEER rating of 14 or greater shall be used and for window a/c units a federal Energy Star rating must apply. No Corporation equipment in the dwelling unit shall be exchanged or removed from the apartment without permission of the Manager. When remodeling apartments all plumbing fixtures must be purchased from the Corporation or approved by the Manager.
8. Occupants are not allowed to erect radio aerials, television aerials or satellite dishes on Kenna Homes Property. No occupant shall be permitted on the roof of any buildings without permission of the Manager.
9. No parking on the grass area without written permission from the Manager. Riding of bicycles and skateboards shall be confined to the streets, driveways, and playgrounds areas.
10. Occupants shall take every care to prevent fires, No flammable substance such as gasoline, benzene, naphtha, kerosene, or fuel oil shall be kept or stored within the dwelling units.
11. Certain recreation rooms have been designated for the use of the stockholders. The rules which apply to these rooms must be adhered to. The main recreation hall and outside play areas are for all occupants of Kenna Homes. Permission to use the main recreation hall must be secured at the office of the Manager and the time will be set. All persons using the main recreation hall must conform to the rules given to them when they sign for and make a deposit for the key. No alcoholic beverages are permitted in the recreation hall or recreation areas. No animals are allowed in the Recreation Hall without prior approval from the manager.
12. No notice shall be posted, display signs erected, placards or banners erected, or hand bills shall be distributed in Kenna Drive without the prior permission in writing of the Manager. There shall be no door-to-door soliciting.
13. All organized sports and games are confined to the athletic fields. B.B. guns, bows and arrows and all types of fire-arms shall not be discharged on said property. Tents shall not be allowed to be erected on the lawns. The use of drones on Kenna Homes property be prohibited, and that failure to comply would result in a fine of $500 to the responsible stockholder.
14. The management and occupants shall share in the responsibility for the care of lawns. Parents will be held responsible for their children who destroy shrubs, flowers, lawns, fences, and trees.
15. CONDUCT- All occupants shall:
a. Make every effort to be a “Good Neighbor.” Stockholders live in close quarters and should demonstrate common courtesy to everyone, especially their immediate neighbors. Stockholder shall not create a “Hostile Environment” using abusive or vulgar language, or using belligerent aggressive behavior.
b. Make every effect to eliminate unnecessary noise between 9:00 p.m. and 7:00 a.m., which includes washing and/or drying clothes, vacuuming the floors, loud playing of television, radio, and stereo equipment.
c. No threat to any employee of this organization will be tolerated and the individual be subject to occupancy revocation at discretion of the Board of Directors.
16. Automobile or truck repair work done on the corporation property which will take more than 24 hours shall require a prior written permit from management and also, no refuse, grease or inflammable materials shall be left on the grounds as a result of this repair work. Discarded oil is to be placed in a designated receptacle and not allowed to spill over on the ground.
17. a. All motor vehicles, including trailers, and haulers for which a license is required by the laws of the State of West Virginia must bear a current fiscal year’s license, current fiscal year’s state inspection sticker, must be operable and be parked in an authorized parking area. Any such motor vehicle, camper, boat, trailer, or hauler not bearing such a license, state inspection sticker, inoperable or not parked in a authorized parking area shall not be permitted on Cooperative premises and shall be subject to immediate tow at owner’s expense.
b. All recreational vehicles, including trailers, campers, haulers, boats, and motor vehicles that is covered or 2 wheeled vehicle that is not moved for 10 consecutive days, shall park on lot #4 in an approved, designated area. Violation of this rule shall subject the vehicle's owner to tow at owner's expense. Before parking on the lot the stockholder must provide the office with a copy of the registration card and obtain a written authorization from the manager. Each stockholder shall be allowed one free parking space for their own recreational vehicle. Parking spaces may not be transferred nor assigned. If additional parking space(s) for recreational vehicles are desired by the stockholder, the fee shall be as follows: a monthly fee of $25.00 for parking space #2, and a monthly fee of $50.00 for parking space #3. No stockholder shall be allowed more than three recreational vehicles. All parking fees are due on the first day of every month. If the fee is not received by the 10th day of the month in which it is due, the subject recreational vehicle will be towed. All recreational vehicles parked on lot #4 without authorization will be immediately towed at owner's expense. The monthly fee for use of Kenna Homes electricity in parking lots is $10. to be paid at the first of each month.
18. The Board adopts recycling as a positive environmental and economical benefit to the community. As such, it encourages all occupants of Kenna Homes to use the clear plastic bags available in the office and to place the recycled products in the designated marked recycling area. Only proper recyclable items such as plastics marked #1 or #2, glass any color, metal and aluminum cans, and newspapers are recyclable. Newspapers shall be placed in a separate bag (example a grocery bag) so they will stay dry. This bag can be placed on top of the other recyclables in the clear recycling bag. The first and third Thursdays of each month are the scheduled recycling days for Kenna Homes. No resident shall tamper or interfere with their neighbor’s recycling efforts.
19. Stockholders may place in clothes drying areas or on their patios the following: one grill per apartment, two bicycles per apartment, flower pots, designated patio furniture and designated patio storage units. Household and personal property shall not be allowed to be stored outdoors elsewhere. Any property left outside by a Stockholder after receiving the proper notice from the manager shall be considered abandoned and will be removed. Any item protected by a tarp in the winter months should be in good condition and securely bound to items.
20. Water beds are not allowed in Kenna Homes. Windows inside apartments can only be covered with the following traditional window treatments; curtains, blinds, shades, or shutters. Ornamental decorations, seasonal decorations and real estate signs will be permitted at the manager’s discretion.
21. Effective January 2, 1996, as each resident animal dies, leaves or is otherwise disposed of, shall not be replaced and no new animals, except as provided below, shall reside in Kenna Homes. Any transfer of stock shall be with the notation: “Animals are not allowed in Kenna Homes except for as provided pursuant to Rule 21.” There is an exception, however, to this rule where residents with disabilities shall be allowed to keep service animals or emotional support animals as follows:
A. For the purposes of this section,
I. An ‘emotional support animal” means an animal that presence of which ameliorates the effects of a mental or emotional disability.
II. A “service animal” means an animal that does work or performs tasks for the benefit of a person with a disability.
III. A ‘licensed mental health professional” means a person licensed by a public regulatory authority to provide therapy or counseling to persons with mental or emotional disabilities.
IV. An “applicant” means a current resident of Kenna Homes or an applicant for ownership or residence at Kenna Homes who wishes to keep a service or emotional support animal at Kenna Homes.
V. “Animals” shall not mean caged birds and fish considered to be suitable for residential dwellings.
B. That the resident applicant or guest is in compliance with the following requirements:
I. That the applicant has requested such an exception based on his or her disability,
II. That the applicant designate the animal by species and breed, e.g., “Yorkshire Terrier,” “Siamese cat,” “mixed-breed dog (or cat).”
III. That the animal be kept clean, healthy, and under the control of the applicant or guest,
IV. That the applicant or guest clean up after the animal both in his or her residence and in the common areas of Kenna Homes.
V. That the animal not constitute a threat to safety of others,
VI. That the animal not make excessive noise,
VII. That the animal, when not in an apartment, be kept on a leash or in a carrier cage and
VIII. In the case of an emotional support animal, that the need for an animal be documented by a statement from a licensed mental health professional indicating, and
A. that the applicant has a mental or emotional disability, and
B. that the designated animal would ameliorate the effects of the disability, or
IX. In the case of service animal, that the applicant provides information indicating,
A. That the animal has been individually trained to do work or perform tasks for the benefit of an individual with a disability, or
B. That the animal, despite lack of individual training, is able to do work or perform tasks for the benefit of an individual with a disability.
I. No emotional support animal over 25 pounds shall be approved nor shall reside in Kenna Homes on or after December 12, 2012.
II. All stockholders or residents who have an approved emotional support animal or service animal shall file said animal’s current municipal or county license information and most current veterinary records with the Kenna Homes Manager annually, prior to March 15 of each calendar year, and shall purchase, possess and display a Kenna Homes approved animal tag which said Stockholder shall be charged a one-time fee of $5.00.
III. All stockholders and residents that have an approved emotional support animal or service animal are subject to the City of South Charleston, Article 505, Animal and Fowl Ordinance, as well as all provisions of Rule 21.
IV. All approved emotional support animals and service animals residing in Kenna Homes on December 12, 2012 shall be exempt from Rule 21.C.I. above.
22. Occupants who permit pets to frequent their apartments shall be required to clean the hallway and the immediate vicinity or any area pertaining to the lawns of Kenna Homes Cooperative Corporation which may become soiled as a result of the presence of such animals.
23. Stockholders and/or residents will not be allowed to baby-sit animals and/or reptiles, exception being, that if they have guests, then their pet will be allowed to visit up to two weeks. Any guest with a pet who stays longer than two weeks will be considered a resident and must meet Rule No. 21. A one-time two week extension may be requested in writing to the Board of Directors and will be voted on by the Board. All visiting pets must abide by 21 B III, IV, V, VI, and VII. Pets of guests may not exceed 25 pounds weight.
24. No one will be permitted to either occupy or store anything in an apartment they are purchasing until such time they have been voted in, the deal is closed and the stock is transferred. No stockholder shall give permission to a prospective stockholder to do any remodeling or update to the apartment before being voted in as a stockholder. They only exception to this rule is painting and cleaning by the prospective stockholder. (Also see Rule 7)
25. The feeding of any and all birds or wildlife, except hummingbirds, will be prohibited on the property of Kenna Homes; anyone violating this rule will be subjected to the cancellation of their Occupancy Contract.
26. Failure to comply with these rules and regulations herein will be grounds for cancellation of the Stockholder’s Certificate of Occupancy, in accordance with the Occupancy Contract, Paragraph 5. Failure to enforce the terms of any of these rules shall not be considered a waiver of any of these rules and regulations herein. The Manager is directed to enforce all rules. In the event that Attorney fees are incurred as a result of Stockholders violations of rules or negligence said Stockholder shall be responsible for payment of all reasonable and necessary Attorney fees so incurred.
27. Effective January 13, 1998, no stockholder of Kenna Homes Cooperative Corporation shall be eligible for employment by the Corporation, provided however, this rule shall not apply to any stockholder currently employed.
28. Late Maintenance Payments
a. A maintenance fee is considered current if paid in full between the first and tenth of each month. A charge will be assessed for late payments of monthly maintenance as follows: Five days past due without payment in full- $25.00; 35 days past due without payment in full- $75.00; 65 days past due without payment in full- $100.00: there after an additional $100.00 for each 30 day period.
b. In the event that maintenance fee payment is late by a five day period, the Cooperative shall send a written Notice of Delinquent Payment to the Stockholder address of record. In the event of a Stockholder payment is late more than 35 days, the Cooperative shall send a second written Notice of Delinquent Payment to the stockholder address of record. The second Notice shall state that the Board shall consider the matter in executive session, and may refer the matter to corporate general counsel for commencing civil action for termination of the Occupancy Contract, eviction and collection of all fees. In the event that attorney's fee are incurred, the Stockholder shall be responsible for payment of all reasonable and necessary attorneys' fees so incurred. The attorney fees shall be paid in full by the Stockholder prior to transfer of the Stock to the new owner.
29. Stockholder Patios and Outdoor Plants
a. All flower beds and vegetable gardens may extend no more than three feet from the building. Borders for beds and gardens must be constructed with masonry products and shall not be over four (4) inches high. All plants that are under windows are not to grow above the first floor window sills. Flower beds or vegetable gardens must be kept neat, clean and free of weeds. At the end of each garden season, all dead plant debris must be removed from the beds and gardens. No vines are allowed to grow on the buildings or fences. Any planting of trees or bushes must be approved by management. Management has the right to remove any flower beds or vegetable gardens that do not comply with this rule.
b. Patios - All area grounds outside buildings are common grounds. Patios shall be flat with no flowers, plants, walls or trees planted around them. If a border is used, it must not be greater than three inches high and cannot block sidewalks. Flowers on patios must be in pots. Any patio not currently adhering to these specifications shall be brought into compliance.
c. Cemetery Fence - Nothing shall be attached to the cemetery fence.
d. Air Conditioners - If a border is used, it must be constructed with masonry products and not be greater than three inches high.
e. Outdoor lights are restricted to those powered by solar energy. Placements of the lights are restricted to the patio areas and the planter beds, at ground level. Use of electric lights will be allowed in the common ground areas during the Christmas season.
30. Kenna Homes Drug Policy
a. The property of Kenna Homes Cooperative shall be considered a drug free zone. The term property is defined as the grounds, any structures which are on the grounds, i.e. apartment buildings, storage buildings, office buildings, recreation hall, including the area used for Kenna Homes Community Club and includes the building which houses the television equipment as well as the garage attached to the shop. Any vehicles parked on lots owned Kenna Homes Corporation are subject to this rule.
b. The term “DRUG” refers to any substance which is listed or defined in the West Virginia code, chapter 60A, Uniform Controlled Substance Act
c. No stockholder, employee, resident, or invitee shall store any controlled substance or any chemical or combination of chemicals which may be used for creation of controlled substance, with the intent to create a controlled substance, in any structure or vehicle on the grounds as defined above.
d. No stockholder, employee, resident, or invitee shall distribute, sell, trade, or make available in any form, any of the substances as defined in the Uniform Controlled Substance Act of West Virginia, Chapter 60A, on Kenna Homes Cooperative.
e. No stockholder, employee, resident, or invitee shall knowingly allow anyone to use their apartment and/or townhouse for the storage, sale, distribution of and/or manufacturing of any substance listed in Uniform Controlled Substance Act of West Virginia.
f. Violation of any of the above stated rules and/or policies shall require the stockholder to make themselves available to the Board of Directors, at the will of the Board of Directors and upon the decision of the Board of Directors, make the stockholder subject to any legal remedy which the Board of Kenna Homes Corporation shall deem appropriate, up to and including the revocation of the stockholders occupancy contract.