The Brooks Tower Rules & Regulations are presented here for informational purposes only. No warranty on the accuracy or currency of the regulations, implied or explicit, is made through reproduction on this page. Please contact the Brooks Tower Homeowners Association for the current Rules and Regulations.  The following is a representation of the Rules & Regulations Updated May 18th, 2007.  If there have been changes/additions, please add a comment and let everyone know what has changed.

A. GENERAL

The following are the rules and regulations pertaining to the conduct of persons and the use of Common Elements within Brooks Tower Residences, a Condominium, which rules and regulations have been duly adopted by the Board of Directors of Brooks Tower Residences Condominium Association, Inc., pursuant to the Declaration. All words and phrases defined in the Declaration shall have the same meaning when used herein.

1. Common sidewalks, driveways, entrances and passageways shall not be obstructed or used by any Owner for any purpose other than ingress and egress from the Units.
2. No articles shall be placed on or in any of the Common Elements except for those articles of personal property, which are the common property of all owners.
3. Owners of Commercial Units may use the meeting room currently located on the third floor of the Condominium Project and currently designated as a Limited Common Element, subject to availability, free of charge upon twenty-four (24) hours advance written reservation request to the Association.
4. Owners, members of their families, their guests, residents, tenants or lessees shall not use sidewalks, entrances and passageways as a play area.
5. Except as otherwise provided in the Declaration, no signs shall be placed or permitted within the Condominium Project, except those identifying this Condominium Project, the selection and location of which is reserved to Declarant until all of the Units have been sold, at which time such authority shall vest in the Board of Directors of the Association. Except as provided in the Declaration, so long as any Unit is owned by Declarant in the Condominium Project and remains unsold, no Owner of a Residential Unit shall be permitted to place any sign on the Condominium Project or on his Unit or elsewhere on the Building advertising his Unit for sale or lease.
6. Except as may otherwise be provided in the Declaration, no Residential Unit Owner shall perform any kind of work on the exterior building walls or upon the Common Elements. Such work is the responsibility of the Association.
7. Except as may otherwise be approved by the Board of Directors or as may be permitted by the Declaration, no Owner, resident or lessee of a Residential Unit shall install wiring for electrical or telephone installation of for any other purpose, nor shall any television or radio antenna, machines or air conditioning units be installed on the exterior of the Condominium Project or protrude through the walls or roof of the condominium improvements.
8. Owners and occupants shall exercise reasonable care to avoid making or permitting to be made loud, disturbing or objectionable noises, and in using or playing or permitting to be used or played musical instruments or devices in such manner as may disturb or tend to disturb owners, tenants or occupants of other Units. Any persons experiencing any disturbances shall contact management personnel, who will be responsible for monitoring and enforcing compliance with this Rule 8.
9. Decks and patios, if any, shall be used only for the purposes intended and shall not be used for hanging garments or other articles or for cleaning rugs, household articles, or other items. No rugs or other materials shall be dusted from windows, courts, decks, or patios.
10. An Owner shall maintain strict control of and over any cat, dog or other animal owned by such Owner at all times, and shall be responsible for all damage done by such animal. Any damage to the Common Elements caused by an owner’s animal shall be repaired at the expense of that Unit Owner.
11. No sweepings, trash, rubbish, rags, papers, ashes, or other substances, which may tend to impede the flow of liquid through such system, shall be deposited in the sanitary sewer system from any Unit.
12. Children shall not be permitted to loiter or play on the stairways, hallways, entryways nor in any storage, parking, laundry or maintenance areas. Children under the ages of 15 are not allowed to use any Amenities, including the swimming pool, party room and laundry room, without parental supervision. Separate Rules for use of the swimming pool may be posted in the pool area, and such Rules shall have the same force and effect these Rules.
13. Any damage to the Common Elements of common personal property caused by the Owner or a member of his family, or their respective Guests, shall be repaired at the expense of that unit owner.
14. The moving of furniture in and out of Units shall be accomplished only in accordance with the then current Association rules and regulations with a schedule prearranged between the Owner and the Association or a designated agent of the Association. Furniture and furnishings shall be delivered to and removed from the Project only at designated loading areas and only after reserving the use of such loading areas with the Association. Any damage to the Common Elements resulting from the moving or carrying of article to or from Units shall be repaired at the cost of the the Owner to or from whose Unit such moving or carrying occurred. In no event shall Owners be permitted to use the loading dock and ramp located on the property adjacent to the Project for the moving of furniture in and out of Units, except with the prior written consent of the owner of the adjacent property and the Association.
15. No water, natural gas or electricity shall be needlessly consumed by any Owner in his Unit or about the Common Elements. Waterbeds will be permitted in Units only with the Association approval.
16. No Onwer and none of such Owner’s Guests may interfere in any manner with any common heating or lighting apparatus in or about the Project.
17. The Association may retain a passkey to each Unit, and no Owner shall alter or permit the alteration of any lock or permit the installation of any new lock on any exterior door of such Owner’s Unit without the prior written consent of the Association. If such consent is given, the requesting Owner shall forthwith deliver to the Association a key, which opens such altered or new lock. When access to a unit is required, at least twenty-four hours prior notice shall be provided to the occupants of the Unit, except when said occupants have no objection to earlier entry and except in the case of an emergency.
18. The Association shall have the right to lease Storage Lockers located in the Building to Residential Unit Owners upon such terms and at such rates as the Board of Directors may determine.
19. No Onwer or Member shall contract for any plumbing, electrical, or mechanical repairs to his Unit or the Common Elements, or allow any plumber, electrician or other contractor to make any such repairs to his Unit or the Common Elements, unless such plumber, electrician or contractor has been approved for such work in writing by the Association. The Association shall have the right to designate and approve in advance all electricians, plumbers and other contractors that do work or perform repairs in any of the Units or the Common Elements. (The Board of Directors has adopted additional rules pertaining to construction, which are available in the Management Office.)
20. Asbestos containing materials (“ACM”) are located in the spray-applied acoustical ceiling finish material in Brooks Tower, including the ceilings of the individual Condominium Units, and may be included in the fireproofing, floor tile, adhesive sheet flooring and other materials used in the construction of Brooks Tower. Accordingly, no Owner may disturb any wall, ceiling or other component of a Unit, by in any way altering, renovating, or repairing any such component, without first taking the appropriate precautions, including notifying and obtaining the consent of Association personnel prior to any such undertaking. Without limiting the Association’s powers and authority pursuant to this Rule, the Association may condition its consent upon the Unit Owner hiring an approved contractor to perform any work affecting the Unit ceiling. If, despite the precautions to be taken as set forth herein, a disturbance to the ACM should occur, (a) the area of the disturbance should be immediately isolated by closing all doors and windows or otherwise restricting access to the affected area, and (b) Association personnel should be immediately notified.
21. The portions of any window coverings or window treatments, which are visible from the exterior of the Building, shall be white or beige, or such other color as may be approved by the association.
22. In order to minimize sound transmission between Residential Units, the Owners of any residential Units shall not install any hard surface floor materials including, without limitation, tile, marble, wood or vinyl floor material, in his or her Residential Unit unless he or she has first obtained the Association’s approval. Without limiting the Association’s discretion in considering any request, the Association may condition its approval of any such installation upon any or all of the following: (a) a limitation on the area where hard surface floor covering materials may be installed, (b) a requirement that the Owner provide the Association specifications regarding the floor covering materials, or (c) a requirement that the Owner install such sound dampening material underneath the floor material as the Association deems necessary. Specifically excluded from this rule, however, are the floor coverings for the balconies and an interior area (not to exceed four feet by four feet in dimension) adjacent to and aligned with the main entry-exit door of the residential unit. Also excluded are floor coverings for the kitchen not to exceed 30 square feet; bathrooms not to exceed 30 square feet; and closets not to exceed 30 square feet.
23. Solicitation in Brooks Tower is not permitted. All advertisements and postings must be approved by the Brooks Tower Management Office. Postings in the Brooks Tower Laundry Room must be dated, approved by Brooks Tower Management Office, and placed upon a 3″ x 5″ index card.
24. Nothing shall be thrown or tossed from the balcony of any unit. This includes, but is not limited to, cigarettes, cigars, food, stones, missiles, incendiary or explosive devices. The proper authorities will be called to investigate such activity. Brooks Tower staff or residents witnessing such activity may sign a complaint against the offending party. “…An incendiary or explosive device shall include, but not by way of limitation, any device consisting in whole or in part of flammable material or other material having the capability of exploding, igniting or burning”. (Denver Municipal Code, Sec. 38-126 and Sec. 38-127)
25. All persons requesting from the Front Desk or Management Office staff entry or keys to any condominium unit must show proper identification. Such persons must be listed in the Resident Listing or on a current authorization form on file at the Front Desk or Management office.
26. Visitors and delivery personnel must sign the Visitor Register at the Front Desk. Before being allowed past the lobby such persons must be approved by the Residents they intend to visit.
27. No owner or member shall install a laundry appliance (i.e. washer, dryer), air conditioning unit, or any other appliance or fixture that may adversely affect the building’s common plumbing or mechanical systems. In addition, all kitchen sink drains must have a properly functioning garbage disposal. All construction or changes to a unit that may affect the common systems must be approved the Association in advance.
28. The display of no more than two political signs inside the window of a Unit Owner’s Residence is allowed provided the sign dimensions do not exceed 24″ x 24″ and can only be displayed 45 days prior to an election or 7 days following an election of a candidate, the recall of a public official, or the passage of a current ballot issue.
29. The display of the American Flag or Military Service Flag in a window of the Unit Owner’s residence, or on the balcony adjoining the Unit Owner’s property is allowed if the American or Military Flags are displayed in a manner consistent with the Federal Flag Code. The size of the flag cannot exceed 3′ x 5′, and cannot encroach onto adjacent balconies. If displayed by means of a flagpole, the flagpole must be affixed to the interior of the balcony walls, and must be installed and approved by Brooks Tower Management.
30. To minimize degradation of balcony structure no Unit Owner may install tile or any other surface to a balcony without prior written Association approval, which includes inspection by building Management and the usage of sealants and adhesives with specifications established by the Association.

The Board of Directors has adopted additional rules for construction, which are available in the Management Office.

B. PROCEDURES AND ENFORCEMENT

Reasonable procedures, including notice of alleged violations and opportunity to be heard, shall be implemented by the Association for enforcement of the within rules and regulations. All fees and charges imposed by the Association and all costs incurred by the Association in enforcement of these rules and regulations, including but not limited to the cost of any corrective actions, shall constitute assessments enforceable against Owners pursuant to the provisions of the Declaration. For each day any violation continues after notice, it shall be considered a separate violation. The Association shall have the authority to take any remedial action it deems appropriate in the event of a violation of these rules and regulations, the Bylaws, the Declaration or the Articles. The forgoing Rules and Regulations are subject to amendment and to the promulgation of further regulations.

No failure by the Association to insist upon the strict performance of any term or provision contained in the Rules and Regulations shall constitute a waiver of any such term or provision unless such waiver is made in writing by the Association. Any waiver of a breach of a term of provision of
these rules and regulations shall not prevent a subsequent act, which would have originally constituted a violation under these Rules and Regulations, from having the effect of a violation or prevent the Association from exercising all of its rights and remedies under the Declaration, the Bylaws or these rules and regulations.

C. PENALTIES AND FINE SCHEDULE

In performing daily duties, the Property Manager is unrestricted in applying a wide range of options to solve problems. However, at a point when a Homeowner’s violation of the rules is blatant, serious, or persistent, the Property Manager is empowered to implement, in the sequence in the Table below, a Schedule of Penalties and Fines. NOTE: Under no circumstances will this Schedule be imposed in lieu of sound management.

Procedures

The Manager will determine if a homeowner’s violation of rules is significant enough to warrant a fine or penalty. If yes, a formal notification letter of intent will be provided the alleged violator. The letter will contain:
(a) Details of circumstance warranting issuance of the letter;
(b) Explanation that the notification is a formal recognition of the FIRST OFFENSE (or SECOND or THIRD, see Schedule of Penalties and Fines) noted in which the Owner violated a specific Rule or Regulation;
(c) Advise of intent to impose a fine or penalty after 10 days, which will be appropriate to the degree of offense,
(d) An explanation that the accused has a right to be heard before the Board of Directors, depending on a written request which explains on what grounds the appeal will be made;
(e) An advisement that a copy of this notification plus all other directly-related documentation will be retained for 12 months after the effective date of the offense.

Schedule of Penalties and Fines

• First Offense. Ten days after being notified of intent to impose a penalty, the violator will be issued a formal Letter of Admonition, including a specification of committing a FIRST OFFENSE, to the effect that the next violation will result in a fine of $50.00. The Letter of Admonition will be filed in the Owner’s property file for 12 months, and facts of the case given to the Board of Directors.
• Second Offense. Ten days after notification of intent, a $50.00 fine will be imposed on the violator by a formal letter, which specifies commission of a SECOND OFFENSE, A copy plus all related documents will be filed in the Owner’s property file for 12 months, and facts of the case given to the Board of Directors.
• Third Offense. Ten days after notification of intent, the violator will be directed by letter, specifying commission of a THIRD OFFENSE, to appear before the Board of Directors which will determine (1) a monetary fine, not to exceed $500, appropriate to the circumstances, and (2) further penalties. A copy of a formal description of the proceedings will be placed in the Owner’s property file for 12 months, and all facts of the incident will be cited in Minutes of the Board of Directors meeting.

Right of Appeal

In all cases the accused has the right of appeal, and must be afforded a right to be heard before the Board of Directors – before a fine is levied or penalty is effective. No later than 10 days after receiving a letter of notification that a fine or penalty may be imposed, the alleged violator may indicate that an appeal will be made – and must include details to support the appeal.

Consequences of Tardiness in Paying Fines

If the fine or penalty is still applicable after an appeal has been made by the Respondent then acted upon by the Board, the violator must comply within 7 days of the Board’s decision. Exceeding this limit will require an additional $25.00 fine for each day thereafter in order to defray legal fees and the costs of administration.