THE RULES & REGULATIONS OF THE FOREST VIEW APARTMENT COMPLEX
ARTICLE 1
RULES & REGULATIONS OF RESIDENCY
1.1 In order to enforce the Rules and Regulations governing the management of the Apartment Complex and the Conduct of its Residents and Tenants, Dynamic or its assigned management company may levy, assess, and collect reasonable fines and costs as established by Dynamic. The fines will be assessed against the Resident for violations by the Resident, members of their family, invitees, licensees, tenants or lessees of such Residents. (Whenever the word “Resident” is used in this document, the word “tenant” shall also apply.)
(Whenever the word ‘’Dynamic’’ is used in this document, it refers to Dynamic or its assigned management company).
Reference is made to the list of definitions that are attached to these Rules & Regulations of and are explicit part of these.
1.2. These Rules and Regulations shall be binding on all Residents and shall be incorporated as express terms and conditions of their contracts or assignments for purchase of property in the Apartment Complex.
1.3 Residents are responsible for damage caused to the common areas, public utilities, the grounds and amenities. It shall be each Resident’s sole responsibility to inform their tenants of all Rules and Regulations. The Resident is also responsible for any and all damage caused by their tenants, staff, visitors etc. The Resident can be fined for any misconduct, as described in these Rules & Regulations, by their tenants.
1.4 All legal fees or costs incurred by Dynamic to enforce violations or collect fines will be the responsibility of the Resident.
1.5 Should Dynamic choose to assign a management company, all Residents must be informed. Should there be a change, equally al Residents must be informed.
1.6 Anyone wishing to report an alleged violation of these Rules and Regulations may do so by contacting Dynamic. Violations should be reported in writing. The identity of the person reporting the violation will not be disclosed to the Resident involved except where the defaulting member denies the allegation and the testimony of the member reporting is the only evidence available to substantiate the allegation.
1.7 Failure to pay costs and or fines in the time as shall be prescribed by Dynamic may result in the filing of appropriate legal action. In addition the right to use the public amenities, common areas and common and individual utilities may be suspended.
1.8 If a Resident is not satisfied with the decisions of Dynamic following a reported violation as mentioned in 1.6, the Resident may make a written appeal which will be considered again by Dynamic. Any decision then taken by Dynamic is final.
1.9 Dynamic cannot be held liable and will not be responsible for any injury, damage, death, accident, illness, theft or loss or any other incident that occurs within the Apartment Complex.
1.10 Any information provided to Dynamic by the Resident, should always be in writing through means of a letter or an email.
COMMON AREAS
2.1 Common paths, stair cases, corridors, and passageways shall not be obstructed or used by any Resident for any purpose other than entrance to and exit from the Apartments.
2.2 The inside car park, is not part of the common areas and shall only be accessed by those Residents that own a parking space.
2.3 For any damages to the common areas, clause 1.3 applies.
2.4 Unsupervised children under the age of 8 are not allowed in the common areas.
2.5 All Residents must keep the area in front of their apartment door tidy and no shoes, umbrellas, etc should be left outside. Residents can only fix/hang things on the outdoor walls in the common areas of their apartment, with prior approval by Dynamic.
2.6 Football, and other ball games are not allowed within the complex. No type of ball playing against walls (including outside walls or garden walls) is allowed. Damage caused as a result of the said activities shall be the responsibility of Resident.
2.7 Climbing on walls and fences is strictly prohibited. Tree climbing is also prohibited. The responsible Resident will be fined for the cost to replace any damages by the climbers.
2.8 Pets are not allowed in the common areas or the entire complex, including the apartments.
2.9 Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies railings or from windows.
2.10 Resident Areas must be maintained to preserve and protect the attractive appearance of the Apartment Complex. Plants must be trimmed to prevent growth which extends over walls/ fences into the Common Areas. Plants for patios or balconies should be selected with discretion to prevent problems. Residents will be fined for any damage to walls, foundations or walkways by branches or roots from Resident plants.
2.11 It is prohibited to discard any item onto the common area. This regulation shall include all discards out the front gate, over the back or front fences or discarded out any window.
POOL & POOL AREA
3.1 Children under the age of 14 years are not allowed in the swimming pool unless supervised by an adult (18 years or above). There is no life guard on duty at any time. We refer explicitly to clause 1.9.
3.2 The pool is open daily for at least 10 hours a day. The opening times are clearly shown at the poolside and should be respected at all times.
3.3 Should there be need to close the pool for scheduled maintenance, the Residents will be informed at least 3 days in advance.
3.4 It is not allowed to organize pool parties or other parties in the communal areas without the approval of Dynamic.
3.5 Glass ware or crockery is not allowed around the swimming pool, as breakages can cause injuries. Anyone bringing glass ware or crockery to the pool area will be held liable for any injuries/damages caused to any other person using the pool or the sunbathing area. Also any maintenance costs due to broken glassware or crockery will be the responsibility of the said Resident. We advise to use reusable plastic cups and plates.
3.6 Dynamic provides sun loungers, chairs etc around the pool area for use by all Residents. It is not allowed to reserve loungers etc, or claim a certain spot.
3.7 Topless or nude sunbathing, swimming etc is not allowed within the common areas.
CAR PARK & OUTSIDE PARKING
4.1 The inside car park is only accessible to those Residents that have purchased a parking space and only a car, motor cycle or mini van can be parked at the inside park.
4.2 The car park shall be properly maintained by the parking space owners, free of oil and grease. Any removal costs will be for the expense of the relevant parking space owner. For any other damages to the car park, clause 1.3 applies.
4.3 There are gates between the inside car park and the communal areas, these gates are locked and only owners of inside parking spaces will have a key, in addition to Dynamic and the security guards. The gates to the inside car park should not be used by any Residents, except those owning a inside parking space.
4.4 There are no allocated parking spaces outside of the Apartment complex. Spaces can never be reserved or kept unnecessary occupied. It is not allowed to park anything else but a car, motor cycle or mini-van on the outside parking spaces.
4.5 Should any vehicle parked on the outside parking area cause any grease, oil or other damage to the outside parking area, the costs for removal and / or repair will be at the expense of the owner of the vehicle / Resident.
4.6 It is strictly forbidden to block any of the entrances to the Apartment complex. Should you expect deliveries of big items, Residents are required to inform Dynamic in advance to make arrangements for your deliveries. Any damages caused by suppliers to the common areas, fences, etc will be at the expense of the receiving Resident.
4.7 Dynamic shall not be responsible for the maintenance, insurance, liability, theft, vandalism or any damage which may come to any vehicle, be it on the inside or outside car park. The vehicle(s) owner shall be totally responsible for any vehicle parked and shall include personal and/or private property.
4.8 Double parking is never allowed.
MAINTENANCE OF PROPERTY, EXTERNAL MODIFACTIONS AND ATTACHMENTS
5.1 All Residents must promptly repair and maintain their apartment to the extent it affects any other apartment or common areas. All external installations such as doors, windows, water, power, sewage, are to be maintained at own expense and with the approval of Dynamic.
5.2 No Resident may modify or add to the exterior of their apartment (this includes antenna’s, satellite dishes, air conditions etc) without prior approval of Dynamic
5.3 No Resident is permitted to paint, repair, maintain, alter, or modify any railing or any installation of the common area.
5.4 Each Resident shall be responsible for maintenance of his or her apartment and improvements thereto including the equipment and fixtures therein, the interior walls, the ceiling, the windows and internal and external doors thereof, in a first class, clean, sanitary, workable and attractive condition. The entrance door to the apartment shall be replaced only by a door approved by Dynamic.
5.5 Windows may be covered by shades, drapes or shutters only and may not be painted or covered by foil, cardboard or other similar materials. Each Resident shall also be responsible for the repair, replacement, and cleaning of the windows and glass of his apartment both exterior and interior. Windows shall be replaced only by a window approved by Dynamic.
5.6 Each Resident shall also be responsible for cleaning and maintaining any exclusive easements to his Apartment over the common area.
5.7 Any damages that possible could fall under the contractual guarantee by the constructors should be reported to Dynamic, who will contact the contractors and jointly will come and investigate the damage to establish if it is part of the contractual guarantee.
5.8 No fences, awnings, ornamental screens, screen doors, sunshades or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within the Apartment complex except such as are installed in accordance with the original construction of a Resident’s property, and any replacement thereof, or as are authorized and approved by Dynamic.
5.9 No visible cables of any kind are allowed, any and all external cables must be placed in a conduit and painted in the same color as the building. Any expenses for placing these conduits and painting are at the expense of the Resident, and only with approval of Dynamic.
5.10 Common area modification or additions are prohibited, except as authorized by Dynamic. This includes the home exterior, patios, balconies, landscape planter areas, walls, etc. A sketch of changes must be submitted for review by Dynamic. Written approval must be secured when exterior changes are desired. Only after approval these modifications may be implemented according to and following the instructions and plan of Dynamic.
REFUSE REMOVAL AND TRASH, TOXIC WASTE & PEST CONTROL
6.1 Proper disposal of trash is essential to the health of Residents. Trash, waste and litter in the Common Areas will have a negative effect on property values. Trash shall be deposited inside trash containers in the designated trash collection area. Boxes should be cut and flattened when disposed of. Furniture and other large household items must not be disposed of by placing at road side or at the trash collection area. Residents must make other arrangements for disposing of these items.
We encourage separation of trash per type and for them to be disposed in the assigned trash collection bins.
6.2 Dynamic shall make arrangements for trash to be picked up regularly, which is part of the compulsory Service Fees levied by Dynamic to all Residents. Trash to be removed must be placed inside the trash containers.
6.3 Dustbins in the communal areas shall not be used to dispose of domestic trash. Any Resident found doing this on a regular basis shall be fined by Dynamic.
6.4 Residents shall endeavour to pick up papers and debris from the Common areas when observed and to keep the front of their respective apartments clean at all times.
6.5 No Resident or occupant shall dispose of any toxic material on the complex in a manner which is inconsistent with the law. Dynamic shall be empowered to levy a severe fine against the Resident of the Apartment whose occupants have been observed illegally disposing of any toxic material. Toxic materials include, but are not limited to, oil, antifreeze, solvents, gasoline, paint etc. Any damages caused as a result of disposing of toxic waste shall be for the Resident disposing the toxic waste.
6.6 Residents are responsible for the total treatment and repair of termites and termite damage, be it in their own apartment or in the common areas.
6.7 Residents are also responsible for any repairs or treatments for the common areas and / or other apartments when any pest infestation is caused by neglect by a Resident in their apartment.
NOISE & OTHER DISTURBANCE
7.1 Residents and all those within the Apartment complex shall exercise reasonable care to avoid making or permitting to be made loud, disturbing or objectionable noises and in using, playing or permitting to be used or played musical instruments, audio devices, televisions, amplifiers and any other instruments or devices in such manners as may unreasonably disturb Residents and all those within the Apartment complex.
7.2 Residents are urged to exercise restraint in using noise – making tools and appliances after 8 pm or before 9.30 am on weekdays and 10:30 am on weekends.
7.3 All noise must be kept to a minimum throughout the complex pursuant to these Rules & regulations
7.4 Smoking is not allowed in the common areas except in the pool area and only when it is not disturbing others.
7.4 Any Resident should act in a fashion describe as a good neighbourly conduct. This includes, but it not limited to the above mentioned noise regulations but also for instance smoking or cooking on the balconies and patios or burning of incenses.
SECURITY, SAFETY & RECEPTION
8.1 In order to provide a safe environment all Residents and those living within the Apartment complex, the only entrance and exit to be used by all is through the reception. This also applies to staff, tenants, contractors, visitors, etc.
8.2 Only residents that own a parking space within the inside car park are allowed to use the car park gate as an entrance and exit from the Apartment complex.
8.3 All Residents and those living with the Residents or in the Residents Apartment are required to register at the Apartment complex reception, including contact details in case of an emergency. Residents are also required to register any staff working for them on a permanent basis. Should there be any changes, Dynamic needs to be informed without delay.
8.4 Dynamic provides security guards (24/7) in addition to receptionists, to control ins and outs of the Apartment complex, however residents should not leave their apartments doors and windows unlocked (especially when absent), or leave valuables on the balcony, patios or within the common areas. Clause 1.9 is applicable.
8.5 All Residents are urged to be cautious when walking within the common areas, especially during or after rains, the floors and stair cases might be slippery. Residents should also avoid disposing of water within the common areas.
8.6 Although Dynamic provides fire extinguishers in common areas, the Residents should provide their own safety measures within their Apartments and should have at least two fire extinguishers in their Apartments. These fire extinguishers should be regularly checked as required by law. It is also advisable for Residents to install smoke detectors.
8.7 It is strictly forbidden for any Resident to have any gas or fuel installation or any form of gas or fuel heating or other system within their Apartment.
8.8 Each Resident is required to provide Dynamic with one (1) key for the front door to their Apartment. These keys will be locked in a separate safe managed by Dynamic, a log book will maintained for this safe. In absence of the Resident and in case of an emergency Dynamic has the right to enter the Apartment using the key. Should the Resident replace the key, and fail to provide a new key to Dynamic, any costs for breaking the front door will be at the expense of the Resident.
8.9 The reception will be open at least 12 hours a day, outside these hours there will be an emergency contact number that can be called. The opening times of the reception will be clearly communicated to all Residents at the reception, including the emergency contact details.
8.10 At the reception all those visiting the Apartment complex must register themselves. Outside the opening times of the reception, the security guards will handle the registration process.
8.11 Dynamic, through the reception, is entitled to offer additional services to the Residents that are not part of the compulsory Service Fees.
8.12 Dynamic operates a CCTV security system. The recording can only be viewed by Dynamic and can be used in case of a dispute between Residents (when applicable). In case of an emergency or when required by law, these images will be shared with the relevant authorities.
8.13 Posting of notices, advertisements, etc. in the Common Areas may only be done in the assigned area in the reception.
8.14 Residents, tenants, etc are not allowed to bring into or consume within the Apartment complex any illegal substances like weed, cocaine, drugs etc.
8.15 It is not allowed for Residents to store any hazardous materials in their Apartments, including balconies and patios.
8.16 It is not allowed to store or use fireworks within the entire Apartment Complex
8.17 It is not allowed to take bicycles or similar inside the Apartment complex except in the designated area.
RENTALS
9.1 Any Resident choosing to rent their Apartment must notify Dynamic latest 72 hours in writing before the rental commences of the name(s) of the tenancy and their contact details and number of days of their stay. Upon arrival tenants have to register at the reception and have to present a Passport, ID card or another legally accepted form of identification. Dynamic reserves the right to apply charges for this and other services to the Residents and their tenants, visitors, staff, external contractors etc.
9.2 Residents shall provide tenants with a copy of these Rules & Regulations, highlighting the most important clauses. A copy of these Rules & Regulations must be available for tenants within the rented Apartment. Resident has to be able to proof that tenants received the Rules & Regulations.
9.3 At no time is Dynamic responsible for the conduct by the tenants within the rented Apartment, however Dynamic may act when the tenants are not adhering to the Rules & Regulations. Clause 1.3 applies also in this case.
9.4 Dynamic reserves the right to ask for a refundable deposit to anyone tenant upon arriving to the complex and commencing their tenancy. This deposit can be used for any damages caused by the tenant to the public areas. Upon the end of the tenancy the deposit will be refunded, unless the tenant and those within his party caused damages to the common areas.
9.5 Any owner that wants to rent out his/her apartment for commercial purposes, has to take out a public liability insurance and has to provide Dynamic with a copy of this insurance.
OCCUPANCY, NONRESIDENTS & STAFF
10.1 The Resident shall be responsible for keeping Dynamic informed of any change in occupancy.
10.2 The Resident shall inform Dynamic of the names of any domestic staff employed by them. Should a staff no longer be employed by The Resident, Dynamic should be informed without delay.
10.3 Should the Resident have any contractors that come on a regular / scheduled basis, Dynamic shall be informed. Should the arrangement between the Resident and this contractor no longer be in place, Dynamic needs to be informed without delay.
10.4 Non-residents including domestic staff, visitors, external contractors etc, will have to report at the reception each time they enter. The Rules and Regulations also apply to all non-residents. Clause 1.3 also applies for any damages or fines caused by domestic staff, visitors, external contractors etc.
10.5 Should the Residents be absent for a longer duration, and they have appointed a care taker for their Apartment, to check on the Apartment from time to time during their absence, the Resident should notify Dynamic about the caretaker.
10.6 Should any non – resident on a regular basis misbehave in any form or shape, Dynamic reserves the right to ban the non – resident from the Apartment Complex.
10.7 In order to maintain the standard of the Apartment complex, Dynamic will not allow prostitution within the Apartment complex.
SERVICE FEE & ASSET FUND
11.1 As per the purchase agreement between Dynamic and the Resident, Dynamic has the right to charge compulsory fees to the Residents to manage and maintain the Apartment complex.
11.2 A monthly Service Fee is levied based on the size of the Apartment of the Resident and shall be payable 6 months in advance.
11.3 Dynamic shall provide a list clearly indicating which services are all included in the Service Fee.
11.4 The Service Fee is set for a period of 12 months after which Dynamic can review the Service Fee and amend. Dynamic shall give Residents 14 days notice of any changes to the Service Fee.
11.5 Dynamic can change the Service Fee only at short notice if there are any new levies imposed by the Gambian Government or any of their institutions. Same applies should there be any change in utility charges by Nawec.
11.6 An Asset Fund is created to provide maintenance, repair and replacement of the common element of the Apartment complex. The contribution is based on the size of the Apartment and will be invoiced by Dynamic on a yearly basis.
11.7 Should the Resident sell his Apartment, his share in the Asset fund will be transferred to the new Apartment owner. Dynamic will inform the outgoing Resident of the value of his/her share and it is the responsibility of the outgoing Resident to collect the value of the share from the new Apartment owner.
11.8 Every 12 months Dynamic shall give account to all Residents on the state of the Asset Fund. Should there be any change to contribution for the Asset Fund, Dynamic has to inform all Residents in writing at least 14 days before the new payment is due.
11.9 Clauses 1.4 and 1.7 and any other relevant clause shall be applied if the Resident fails to pay the Service Fee or Asset Fund contribution in time, in addition to a 2.5% monthly interest charge on the outstanding amount.
UTILITIES & INTERNET
12.1 Each resident is responsible for paying their own utility bills to the relevant provider. Dynamic cannot be held responsible for any disconnection by the utility providers.
12.2 Dynamic offers cash power purchase service at the reception. Payment of water bills can be done at the reception for which a small charge, as indicated at the reception, will be applied.
12.3 Dynamic provides a 24/7 stand by generator for the entire Apartment complex. Each apartment has their own meter to record the electricity consumed from the Generator. At the end of each month Dynamic will record the consumption and invoice the Resident at GMD 30 per unit. The resident is obliged to pay the invoiced charges within 7 days after receipt of the invoice.
12.4 Failure to pay the charges as mentioned in 12.3 may cause disconnection from the Generator. Clauses 1.4 and 1.7 and any other relevant clause shall be applied if the Resident fails to pay in time, in addition to a 2.5% monthly interest charge on the outstanding amount.
12.5 The charge as mentioned in 12.3, covers the regular maintenance and usage costs of the Generator. In the event the revenues from the Generator do not cover the expenses, Dynamic reserves the right to:
- invoice an additional charge to all Residents, equally divided over all Residents
- increase the monthly charge in order to ensure the charge covers all expenses.
12.6 The Apartment complex has a state of the art sewage recycling system,
breaking down most of your sewage and creating grey water, that can be used for watering the garden etc. The use of this sewage system is included in your service fee.
12.7 Any blockage of the sewage system in the Residents apartment is for the expense of the Apartment owner. Should there be any damage to or blockage of the communal sewage system and this is caused by a specific Resident, he/she shall be liable for all expenses repairing/unblocking the sewage system. The repairs can only be conducted by those assigned by Dynamic.
12.7 Dynamic has contracted an external party to provide fast internet within the Apartment complex. Each Resident has the opportunity to connect to this service at a charge. At the reception this internet connection can be obtained at the indicated charges. Payments for the internet service of the contracted external party can be made at the reception.
AMENDMENTS
13.1 Should Dynamic want to amend these Rules & Regulations, they will have to give Residents 14 days notice in writing, unless an urgent situation requires an immediate change.
13.2 Any changes to these Rules & Regulations should be in line with the laws of The Gambia.
13.3 Should any Resident have a suggestion to amend these Rules & Regulations, they can do so in writing to Dynamic after which Dynamic will review the suggestion and inform the Resident about their decision.
13.4 Dynamic can only be forced to change the Rules & Regulations provided 80% of all Residents in writing request for the exact same amendment. Clause 11.2 applies.
13.5 The following clauses can never be changed at the request of the Residents: 1.1 to 1.10, 2.1, 2.5, 2.10, 2.11, 3.1, 3.5, 4.6, 4.7, 5.1, 5.4, 5.8, 6.1, 6.5 to 6.7, 7.1, 8.1 to 8.12, 9.1 to 9.5, 10.1, 10.2, 10.5, 10.6, 11.1 to 11.9, 12.1 to 12.5 and 13.4.