Pursuant to the bylaws, the Board of Directors has the power and duty necessary to administer the affairs of the Association.
The Board currently consists of seven members, and meets at least once a month.
Dear MidCity Lofts Homeowners and Residents:
Thank you in advance for taking a few minutes to read this correspondence about proposed changes and upgrades to our community.
Background and Perspective
I moved into MidCity Lofts in early 2003. After touring the building and (what was to become) my loft, I was sold by the upmarket nature of the property. The Sky Lounge and pool were gorgeous and I felt proud to own in this unique and vibrant living space.
However, my sense of pride of ownership in MidCity Lofts has been dampened recently. I have heard from many of you that you feel similarly. The carpets in the residential corridors and in Sky are stained from dog waste and dirt. The pool deck and furniture look tired and worn. Sky is in disrepair. It concerns me to hear that the talk amongst Midtown real estate agents is that our property is “not what it used to be”.
This is our home, and the Board takes seriously the commitment to preserve its value and competitiveness. As such, the Board, supported by the various committees, has worked diligently on many back stage issues.
- The communications committee, led by Stephen Harlan, has launched a resident website and online newsletter which has substantially improved communication between the Board, the management company and the residents.
- The finance committee, previously chaired by Joel Rubensohn and now directed by Richard Pfeiffer, has dedicated many hours to ensure that the transition to Fifth Street Management’s accounting system was suitable, accurate and that our finances are healthy.
- The Rules and Regulations Committee, previously led by me and now under the capable leadership of Mary Beth Einhorn, has devoted time and energy to reviewing our current rules and drafting new policies. These new policies befit the vision of MidCity Lofts returning to its former stature as one of the premier places to live in Midtown.
- The members of the Design Committee have evaluated, discussed and coalesced around a new design firm and plan to create a superior living space for MidCity Lofts homeowners and residents.
Amendments
During the Homeowners’ Forum on August 26th, we will be discussing several amendments to the Declaration of Condominium for MidCity Lofts. I would like to take this opportunity to briefly address the proposed amendments and the benefits they will provide to you. The primary purpose of the amendments is to allow the Association to impose annually a minimal pet registration fee for dog owners, and to clarify certain issues regarding the assessment of fines and leasing within the community.
With respect to the amendment for the dog registration fee, the Board believes that this will benefit the community as it will offset the cost to replace the dog waste bags and clean the receptacles on the property. This fee will also compensate for the wear and tear on the building, new landscape maintenance and cleaning costs associated with homeowners’ and residents’ dogs. Another benefit of this amendment is that all pet owners will be required to provide information to the Association concerning their pets. This can be extremely useful in emergency situations, if the concierge team and property managers need to rescue any pets. As you may know, dog registration fees are not unusual and there are currently other communities within the Midtown area that have such fees in place. The Board urges your approval of this amendment, as well as the amendments relating to the fining and leasing provisions. These amendments will allow for better enforcement within the community and will also serve to enhance the overall attractiveness and value of MidCity Lofts.
In addition to the proposed amendments mentioned above, please note that the Board of Directors recently adopted a Leasing Resolution which will be distributed to each homeowner and resident during the next two weeks. This Resolution specifically addresses the current leasing provisions in the Declaration, and the steps that will be taken by the Board to ensure that each owner is in compliance with such provisions. The Board is in the process of adopting several other policies that are related to the governing legal documents for the community, all of which will be distributed to each owner once they have been finalized. These policies will enable homeowners and residents to be more fully informed of the stipulations in the Declaration and will allow for greater transparency between the Board and the MidCity Lofts community.
Design and Renovations
The meeting will also include a presentation of the renovations and upgrades to our corridors, elevator lobbies and landscaping. Concepts for Sky and the pool deck will also be introduced. Both discussions are oriented towards increasing the value of our property, especially in this current economic environment.
Please look for an agenda for the Homeowners’ Forum to be delivered within the next 48 hours. In the meantime, if you have any questions, comments or concerns relating to these items, or our community in general, please contact me at reslonina@aol.com.
Thank you. I look forward to seeing you in Sky next Tuesday evening at 6:30 p.m. Please note that refreshments will be served.
Sincerely,
Rayandra Slonina
President of the Board
MidCity Lofts Homeowners’ Association
One of the items to be discussed at the August 26th MidCity Lofts homeowners’ forum is the new pet policy proposed by the Rules and Regulations committee. This new policy completely revamps the current one, but to be effective requires an amendment to the Declaration of Condominium.
Because amendments to the governing documents will be addressed and voted upon, it is really important that you attend next week’s homeowners’ meeting. For those unable to attend, ballots will be made available, and information on those will come later in the week.
For your review, here is the new pet policy as proposed by the Rules and Regulations committee:
Final Draft for MidCity Lofts Pet Policy (Requires Formal Amendment to be Effective)
1.0 Objective
1.1 The objectives of this policy are to maintain a balance between the rights of responsible pet owners and non-pet owners so that each may enjoy the common areas and amenities of the building, to protect the interior and exterior common and limited common areas of the building and to preserve the value of the property.
1.2 This policy outlines permissible and responsible pet ownership. The Board of Directors may adopt reasonable rules and regulations in accordance with these terms and as specified in the Bylaws, as delineated by Exhibit F of the Declaration of Condominium and as needed in order to carry out the objectives of this policy.
2.0 Permissible/Non-Permissible Pets
2.1 No pets, other than generally recognized house pets, are to be kept or maintained by anyone occupying any Unit. Examples of generally recognized house pets include the following: dogs, cats, fish, and birds. No exotic pets are allowed on the building premises.
2.2 No Unit Owner or Resident may keep more than two (2) dogs, cats or a combination thereof, per Unit. Notwithstanding the above and at the sole discretion of the Board, a reasonable number of generally recognized household pets weighing fewer than two (2) pounds may be kept in a Unit.
2.2.1 Policy Exception – Unit Owners or Residents prior to (xxx date) who currently have more cats and/or dogs than restricted by Subsection 2.2 will be granted an exception to the restriction. Unit Owners or Residents must abide by the other policies as outlined in this document and are restricted from caretaking for additional cats or dogs after the policy date. The Unit Owner or Resident is not permitted to replace any dog or cat in excess of the restriction as outlined in Subsection 2.2.
2.3 No owner or occupant may keep, breed or maintain any pet for any commercial purpose.
3.0 Dangerous/Nuisance/Unreasonable Disturbance
3.1 No animals that are determined, at the sole discretion of the Board, to endanger the health or safety of any Unit Owner or Resident may enter or be maintained on the building premises. Breeds which are restricted from access to the building include Pit Bull Terriers (including American Staffordshire Terriers), Doberman Pinschers, Chows, Akitas and Rottweilers, or crosses of any of the above. These breeds are not permitted to reside permanently or temporarily on the property.
3.2 No pet shall be allowed to create an unreasonable amount of noise. No pet shall be allowed to become a nuisance. Any pet which, in the Board’s opinion, creates a nuisance, unreasonable disturbance or endangers the health of any Unit Owner or Resident may be permanently removed from the building premises upon prior written notice to the pet’s owner or caregiver. Nuisance for the purposes of this policy is defined as the following:
3.2.1 Pets whose unruly behavior causes personal injury or property damage
3.2.2 Pets that make noise continually and/or incessantly causing disturbance to any Unit Owner or Resident at any time of day or night
3.2.3 Pets that relieve themselves on walls or floors of common areas
3.2.4 Pets that continually exhibit aggressive or potentially dangerous behavior
3.2.5 Pets that are conspicuously unclean or parasite infested.
3.3 Any pet which, in the Board’s discretion, presents an immediate danger to the health, safety or property of any Unit Owner or Resident may be removed by the Board without prior notice to the pet’s owner or caregiver.
3.4 Breeds which are restricted from access to the building include Pit Bull Terriers (including American Staffordshire Terriers) or Pit Bull mixes, Doberman Pinschers, Chows, Akitas and Rottweilers. These breeds are not permitted to reside permanently or temporarily on the property.
4.0 Registration/Identification/Fees
4.1 Pets must maintain all vaccinations as required by the City of Atlanta
and the State of Georgia. Dogs must wear identification tags detailing owner information and vaccination verification at all times while outside the Unit.
4.2 Pet owners must register each pet on the Pet Registration Form. If the pet is a dog or cat, a current photograph must be attached to a current copy of the pet’s rabies vaccination as provided by a veterinarian.
4.3 Pet registration will be conducted annually to ensure each pet is properly registered. Management will maintain a pet registration log. The Board may determine, at its discretion, that additional registrations are required.
4.4 Unit Owners and Residents will be notified in writing thirty (30) days before the date of the annual pet registration. All pet owners must complete the pet registration within thirty (30) days following the annual pet registration date.
4.5 Each new pet must be registered by its owner or caretaker within thirty (30) days of being introduced to and maintained on the property.
4.6 Failure to register a pet may result in the pet’s permanent removal from the property.
4.7 Unit Owners or Residents who have dogs as pets are responsible for the following registration fee.
4.7.1 Unit Owners or Residents who have one (1) dog will be assessed a $10 monthly fee. Unit owners or residents who have two (2) dogs will be assessed a $15 monthly fee.
4.8 Cats must be registered according to the policies outlined herein but are not subject to a registration fee.
5.0 Restrictions
5.1 Upon request from any Unit Owner, Resident or Management Agent, the pet owner or caregiver must provide the correct owner’s name, pet’s name and Unit number for the pet in question.
5.2 No structure for the care, housing or confinement of any pet shall be constructed or maintained outside the Unit or on any balcony, patio or porch serving the Unit without prior written approval from the Board.
5.3 Pets shall not be permitted outside a Unit unless under leash and under the physical control of a responsible person.
5.4 Pets shall be walked or exercised only on those portions on the common elements specifically designed for that purpose by the Board.
5.5 Pets in transit must be carried, leashed or confined in an animal carrier.
5.6 Pets are prohibited in the Spring Street lobby, fitness center, pool area or Sky at all times.
5.7 Leashed pets may enter or exit the building premises of their own accord through the G2 West Peachtree Lobby.
5.8 Each person who walks a pet is responsible for immediately cleaning up after the pet and discarding securely bagged pet waste in designated areas. Cat litter may not be disposed of in toilets. No pet waste may be disposed of in trash chutes or common area waste bins unless securely double bagged. Bag stations are provided each on Abercrombie Street and 6th Street for pet waste disposal.
5.9 Pet owners are responsible for any damage to the common areas caused by their pets. This includes, but is not limited to, damage caused by cleaning chemicals or other related materials.
5.10 Unit Owners and Residents are responsible for the pets of guests who visit their Units. These pets are subject to the restrictions outlined in this policy.
5.11 Unregistered pets may not stay in a Unit for more than ten (12) days, consecutive or staggered, in any one (1) year period without prior, written approval from the Board. Pets who reside in a Unit, whether the pet is owned by the Unit Owner, Resident or a guest, for four (4) days or more per week for more than three (3) weeks must be registered. These pets are subject to the policies outlined in this document including, but not limited to, registration fees for dogs.
6.0 Service Animals
6.1 Notwithstanding any other provision herein, a disabled individual may keep a service animal, as defined by the ADA (Americans with Disabilities Act), in his/her Unit. Furthermore, nothing herein shall hinder full access to the Units or common areas by individuals with disabilities.
7.0 Fines and Enforcement
7.1 Any Unit Owner, Resident or Management Agent who observes any infractions of these policies shall report in writing the infraction to the Property Manager or Concierge on duty.
7.2 If Property Manager finds sufficient substantiation of the complaint, the violator shall receive written notice of the violation and fine(s). The Board shall send the violator written notice, as per the Bylaws, identifying the violation and the fine(s) being imposed. The written notice shall advise the violator of his/her right to request a hearing before the Board to contest the violation or fine(s) or to request reconsideration of the violation or fine(s).
7.3 Any violator who has received written notice of a violation may, in writing, request a hearing within ten (10) days of the date of the violation notice. The Board shall schedule and hold, in executive session, a hearing affording the violator a reasonable opportunity to be heard. The minutes of the meeting shall contain the results of the hearing. Upon written notification to the Board prior to the hearing, the violator may be joined by additional persons at the hearing.
7.4 At the Board’s discretion, immediate arrangements for a hearing may be made if the complaint involves personal injury or the imminent threat thereof.
7.5 Fines of $150 for the first offense, $175 for the second offense and $200 for the third offense will be imposed for any violations against compliance with this policy. In addition, full monetary restitution for all cleaning and/or replacement costs for any damage resulting from violations will be imposed.
7.6 In the event of a continuing violation, each day that the violation persists or recurs will constitute a separate offense. Fine(s) may be imposed without further notice to the violator.
7.7 The Board may require the permanent removal of any pet if such pet is determined to be a nuisance or a danger to the owners or occupants of the property or if the owner or occupant has received three written notices of violations. The pet owner will have ten (10) days to remove the pet from the property.
8.0 Liability
8.1 The pet owner or person charged with care of a pet retains all liability and responsibility for the behavior of the pet including, but not limited to,
aggressive behavior, excessive noise, damage to property or any other behavior resulting in the degradation of any personal or public asset.
8.2 Any Unit Owner or Resident who keeps or maintains any pet on the property shall be deemed to have agreed to indemnify and hold the Association, its directors, officers and agents free and harmless from any loss, claim or liability of any kind or character arising by reason of keeping or maintaining a pet or pets on the property.
9.0 Policy Exceptions
9.1 All one time exceptions to this policy must be approved by a majority vote of the Board. All permanent changes to this policy must be approved by a majority vote of the Board or as defined by the Bylaws and Declaration of Condominium.
