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BIRCHWOOD COURT OWNERS, INC. 3 Birchwood Court Mineola, NY 11501 Office (516) 741 – 6338 Fax (516) 741 – 6339 HOUSE RULES Revised March 2017

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Page 1: HOUSE RULES - irp-cdn.multiscreensite.com · BIRCHWOOD COURT OWNERS, INC. 3 Birchwood Court . Mineola, NY 11501 . Office (516) 741 – 6338 . Fax (516) 741 – 6339 . HOUSE RULES

BIRCHWOOD COURT OWNERS, INC. 3 Birchwood Court

Mineola, NY 11501 Office (516) 741 – 6338 Fax (516) 741 – 6339

HOUSE RULES

Revised March 2017

Page 2: HOUSE RULES - irp-cdn.multiscreensite.com · BIRCHWOOD COURT OWNERS, INC. 3 Birchwood Court . Mineola, NY 11501 . Office (516) 741 – 6338 . Fax (516) 741 – 6339 . HOUSE RULES

INDEX

Sections Description Page

1 Public Areas 3 2 Air Conditioning Units 4 3 Signs 4 4 Motorized Recreation Vehicles 4 5 Television / Radio Aerials, Satellite Dishes 5 6 Carpeting & Floor Covering 5 7 Apartment Auctions & Open Houses 5 8 Glass & Window Dressing 5 9 Extermination 6 10 Bathroom / Kitchen Fixtures 6 11 Noise 6 12 Animals 7 13 Fire Escapes 7 14 Grilling & Barbequing 7 15 Advertisements 7 16 Apartment Washing Machines 7 17 Waterbeds/Massage Beds 7 18 Apartment Use 7 19 Late Payments and Bad Checks 8 20 Decorative Renovation & Apartment Alterations 8 21 Storage Space 9 22 Lockouts and Apartment Keys 10 23 Building Staff and Board of Directors 11 24 Damage to Property 11 25 Apartment Repair Requests (Work Orders) 11 26 Sanitation and Rubbish Removal 12 27 Parking 13 28 Package Delivery 14 29 Carpet Cleaners, Servicemen and Repairmen 14 30 Subletting 15 31 Moving and Deliveries 16 32 Laundry Rooms 19 33 House Rules and Proprietary Lease Violations 19 34 Occupancy of Apartment 19 35 Hours of Operation of Exercise Equipment 19 36 Common Elements 20 37 Insurance 20 38 Solicitation 21 39 Written Material 21 40 Smoke/Carbon Monoxide Detectors 21 41 Playground & Sitting Area 21 Appendix Schedule of Fees 23

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Page 3: HOUSE RULES - irp-cdn.multiscreensite.com · BIRCHWOOD COURT OWNERS, INC. 3 Birchwood Court . Mineola, NY 11501 . Office (516) 741 – 6338 . Fax (516) 741 – 6339 . HOUSE RULES

Pursuant to Section 8 of the By Laws of Birchwood Court Owners, Inc. the Board of Directors has amended the House Rules of the cooperative corporation. These rules are binding upon Shareholders or other occupants of the premises.

General Provisions

a) The term “Lessor” as used in these House Rules includes the cooperative corporation known as Birchwood Court Owners, Inc., its Board, individual directors, officers, managing agent, agents and employees, acting in their capacity as such.

b) The terms “Lessee” and “Lessees” as used in these House Rules include any proprietary lessee and all of his or her household members, as well as any guests, household employees or subtenants.

c) The term “Board” shall mean the duly elected Board of Directors of Birchwood Court Owners, Inc.

d) The term “Birchwood Court” shall mean any and all areas within the property confines.

e) Any consent or approval given to a Lessee by the Lessor in connection with these House Rules may be revoked at any time by written notice to the Lessee to that effect. Failure of the Lessor to furnish a Lessee with a consent or approval required by these House Rules shall not be construed to mean that such consent or approval has been granted by default or by waiver.

f) The Board may, by resolution establish such House Rules as it may deem necessary for the management and control of the building, and thereafter by resolution alter, amend or repeal such rules.

1. PUBLIC AREAS The public lobbies, elevators, halls, stairwells, courtyards, sidewalks, parking lot, laundry facilities, storage / bike rooms and play area shall not be obstructed, littered, or misused in any manner. The fire exits shall not be obstructed and doors to the stairwells are to be kept completely closed at all times. CCTV cameras and systems may not be obstructed, misused or tampered with in any manner. Tampering of any equipment such as, but not limited to the elevator, CCTV camera, building locks, gates, alarm systems, or fire extinguishers shall result in an immediate repair or replacement of said equipment at the Lessees’ expense and appropriate criminal charges may be sought. Only authorized personnel are permitted on the roof. Individuals shall not play or congregate in the public halls, stairwells, or elevators of any building. Individuals shall play only in the play area between Buildings 4 and 6 and in no other area. Bicycles, skateboards, roller skates, roller blades, scooters, motorized scooters, except for those to aid the disabled, shall not be used on any sidewalk, courtyard or parking lot area. Anyone wishing to use the public areas for exercise MUST do so on the sidewalks or the playground only. Walking on the lawn or the median in the entry/exit roadway is prohibited. Shareholders shall be held responsible for their children’s / visitors’ violations of the above rules.

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No baby stroller, carriage, personal property, shoes or rain gear shall remain unattended in any hallway or public area of the buildings or premises. Floor mats may not be placed in the hallways at any time. Newspapers shall not be permitted to accumulate in hallways outside apartment doors. No smoking is permitted within the buildings’ interior common areas (lobbies, hallways, laundry rooms, etc.), playground or within 20 feet of buildings’ entrances. Cigarette butts must be disposed into provided receptacles, and not disposed onto the common areas. No decorations, personal property or donated items shall be placed in the hallways, stairwells, lobbies of the buildings or any public area in the complex, including buildings or grounds without the written consent of the Lessor. No item shall be hung or shaken from the windows or terraces, or placed upon the exterior windowsills of the building or any protruding section of an air conditioner unit. No gardening, planting or landscaping is permitted by any Lessee without the written consent of the Lessor. 2. AIR CONDITIONING UNITS

No window air-conditioning units, awnings, or ventilators (fans) are permitted in or about the buildings. Only through-the-wall air conditioning units that properly fit the existing wall sleeve and are specifically designed for such use, are permitted. All air conditioners must be angled properly to prevent condensation from running down the exterior façade of the building and must be properly insulated to prevent gaps around the perimeter of the air conditioner that is in contact with the wall opening. The Lessor in its sole discretion may render any air conditioning unit inoperable and require the permanent cessation of its operation, if the unit creates a present or potential nuisance, damage to property of the Lessor or its Lessees. Leaking, malfunctioning or improperly installed air conditioning units shall be the sole responsibility of the Lessee, including any damages to the building, the sleeve, personal property or other apartments.

3. SIGNS No item of any type may be placed (except seasonal or religious items during the observed periods), adhered to, inscribed, or exposed on any window or door in the building or on the building’s exterior without prior written consent from the Lessor. There are bulletin boards located in each laundry room where notices may be posted after approval by the Lessor. No commercial advertisement may be placed on Bulletin boards without the written consent of the Board. Religious and or seasonal decorations may be hung on the unit doors but may not extend out beyond the wall line. 4. MOTORIZED RECREATION VEHICLES Mopeds, recreational motorized scooters, or other similar vehicles are not permitted in hallways, the basement or passenger elevator of any building nor shall they be allowed to stand unattended in any public areas of the premises.

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5. TELEVISION / RADIO AERIALS, SATELLITE DISHES, ETC.

No aerials, antennae or satellite dish shall be attached to or hung from the exterior of the buildings, roof or placed on terraces.

6. CARPETING AND FLOOR COVERING Since the buildings are of wood-frame construction, allowing sound to travel easily between floors, at least eighty (80%) percent of the floor area of all rooms in a unit (including hallways and alcoves) other than kitchens, bathrooms and closets must be covered with carpeting or rugs, both with full padding. Heavy traffic areas must be carpeted to mute sound. All permitted exercise equipment including, but not limited to: treadmills, stationary bicycles and approved weight equipment, must be placed on said carpeted or rug covered areas and said areas must have an additional exercise mat on top of the carpet or rug. The Lessor may enter any apartment (after providing a 24 hour written notice) at any reasonable hour of the day to inspect an apartment for compliance with said rule. 7. APARTMENT AUCTIONS & OPEN HOUSES No group tour, “open house” or exhibition of any apartment or its contents shall be conducted, nor shall any auction sale be held in an apartment. Installing a key lockbox on the apartment door is not permitted. All apartment showings must be by appointment and prospective tenants/buyers must be accompanied at all times by the apartment shareholder or qualified real estate agent. 8. GLASS & WINDOW DRESSING It is the Lessee’s responsibility to keep the windows of the apartment clean at all times. If a window or window pane becomes damaged, it is the Lessee’s responsibility to notify the Lessor. Based upon the individual circumstances, and at the sole discretion of the Lessor, a Lessee may be held responsible for any damages caused to the window. It is the Lessee’s responsibility to maintain the terrace sliding doors and to ensure that they are clean and in proper working order. All caulking around the sliding doors and frame is the Lessee's responsibility. Damage caused by caulking failure is the responsibility of the Lessee. An alteration agreement is necessary for the replacement of the sliding doors. The sliding doors are to be of the same design, color and size as the existing building equipment. In no event, shall any exterior glass surface of any window be colored or painted. Linens, cardboard, poster paper, and plastic sheets are not permitted as a window covering.

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9. EXTERMINATION The Lessee is responsible to immediately, notify the Management Office of any infestation within their apartment. Basic preventative extermination service is available (by schedule) upon request, at no charge, to any Lessee by contacting the Management Office. The Lessor may enter any apartment (after providing a 24 hour written notice) at any reasonable hour of the day to inspect an apartment concerning the control or extermination of any vermin, insects or other pests. To prevent an infestation from spreading to neighboring apartments or common areas, the Lessor at its sole discretion may require extermination of any apartment at the expense of the Lessee. Lessees requiring treatment of an apartment for bed bugs will be held liable for further inspections, treatments and all related expenses of neighboring apartments and common areas of the building. All such treatment must be controlled by, and coordinated through, the management office. 10. BATHROOM / KITCHEN FIXTURES The bathrooms and kitchens in the building shall not be used for any purpose other than those for which they were constructed nor shall any grease, discarded food, sweepings, rubbish, rags or other articles be thrown into the toilets and/or drains. Any damage resulting from misuse, neglect, improperly installed plumbing fixtures, appliances, or other apparatus or equipment shall be the responsibility of the Lessee in whose apartment it originated. The Lessee shall be responsible to pay or reimburse the Lessor and or any Lessee for any damages that may occur due to misuse. Garbage disposals and the use of PVC plumbing are prohibited. 11. NOISE Conversations in hallways and lobby must be kept low. No Lessee will make or permit any loud noises or permit anything to be performed, which will interfere with the rights, comfort, or convenience of other Lessees. No Lessee shall play any musical instrument or permit the playing of any radio, television, or similar equipment, which will disturb any other Lessee in the quiet enjoyment of their apartment. Lessee shall not create any loud and/or potentially disturbing noises nor shall lessee play upon or suffer to be played upon any musical instrument(s) or operate or permit to be operated a stereo, radio, television set or other loud speakers in such Lessee’s apartment between the hours of 10:00 p.m. and 9:00 a.m. on weekdays, and between the hours of 11:00 p.m. and 10:00 a.m. on weekends. Squeaky noise from the apartment door should be reported to Management. Management or the Board has the discretion to require the offending Lessee to install rugs, carpeting, and/or other sound-dampening materials to portions of the floors and walls in the apartment.

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Construction or repair work, involving noise or other installation shall be performed Monday through Friday (except holidays) between the hours of 9:00 a.m. and 4:30 p.m. All contractors must be off premises by 5:00 pm. 12. ANIMALS

No animal shall be allowed to be harbored on the premises without the prior written consent of the Lessor. Consent may be granted or withheld for any reason or no reason whatsoever at the discretion of the Board and may be revoked at any time for any reason. No bird, squirrel or any other animal may be fed from the windowsills, terraces or from any other area on the property. Visiting animals are not permitted on the premises. 13. FIRE ESCAPES

The use of a fire escape for anything but emergency purposes is prohibited. Additionally, local fire ordinance prohibits the placing of any item on the fire escape (e.g., plants). 14. GRILLING & BARBEQUING No grilling or barbequing, regardless of the type of cooker, is permitted on any balcony, fire escape or public area, unless hosted by the Lessor. Local ordinance prohibits the use or storage of gas grills anywhere on the premises. 15. ADVERTISEMENTS No sign or advertisements or any other notice may be posted on the premises without lessor’s written approval. 16. APARTMENT WASHING MACHINES Laundry machines and clothes dryers are not permitted in any apartment.

17. WATERBEDS/ MASSAGE BEDS No waterbeds or massage beds shall be permitted in any apartment. 18. APARTMENT USE Apartments shall be used for a single family residence (except existing professional apartments as approved by the Mineola Department of Buildings). No residential apartment shall be used for the operation of a business, client visits, and/or entertainment. No Lessee of an apartment, including members of his/her family, employees, or his/her guests, shall use or permit the use of an apartment or the premises in any manner which

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would be illegal or which would reasonably disturb any other Lessee in such a way that may damage the reputation of the Cooperative. 19. LATE PAYMENTS AND BAD CHECKS All maintenance payments, parking charges or other assessments must be received by the tenth (10th) calendar day of each month at the lock box location posted on the maintenance bill. Any balance outstanding after this date will be subject to a $25 late fee for the first month, a $50 late fee for the second month and a $75 late fee the third month and each month thereafter. When the tenth (10th) day falls on a weekend or a holiday, the late payment will be extended to the next business day.

If any Lessee is more than two months in arrears, a legal demand notice will be issued and copied to the Lessee’s lending institution (if any) concerning the default. All legal fees associated with this action will be the shareholder’s responsibility to pay, as additional maintenance.

Any check, which is returned by the bank, is subject to a $50.00 processing fee, plus any bank fees, which the Lessor is charged. In addition, if the check is returned after the tenth (10th) day of the month, or is unable to be re-deposited by the tenth (10th) day, the late fee will also be assessed. As a courtesy, the Management Office at 3 Birchwood Court (basement level) will accept maintenance payments up to 4:00 pm on the seventh (7th) day of each month. When the seventh (7th) day falls on a weekend or a holiday, the payment must be received by noon on the next business day. Cash payments are not acceptable at any time. 20. DECORATIVE RENOVATION AND APARTMENT ALTERATION Category 1 - A DECORATIVE RENOVATION includes but is not limited to painting, papering, minor connecting of plumbing and electrical fixtures, carpet installation, air conditioning installation, kitchen cabinet replacement or appliance replacement. These decorative renovations are listed as category 1 work that does not affect or disturb the existing electrical, plumbing, mechanical or structural systems of the building. Category 2 – An APARTMENT ALTERATION includes but is not limited to any construction work or structural activity, arrangement of walls, doors, disturbing or adding plumbing & electrical lines, the replacement of terrace sliding doors, or the gutting of any kitchen or bathroom. These alterations are listed as category 2 works and must be reviewed and approved by management and if so required by the Corporation’s reviewing architect and Mineola Department of Buildings. Complete and accurate drawings and plans must be submitted to Management. Category 1 & 2 work requires the Lessee to obtain an alteration agreement from the Management Office. All required documentation must be submitted in one complete

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package before any work is approved. Once the Board approves the proposed work and all requirements are satisfied, written approval will be forwarded to the Lessee. The Lessee must notify the Management Office at least three business days in advance of the beginning of any construction activity. The Superintendent and Management have the right to inspect the progress of the construction to determine if it is being performed according to the approved original plans and building regulations as set forth in the fee section. All construction work is subject to the noise restrictions and work period covered in the alteration agreement. The contractor and or shareholder are responsible for removing any debris resulting from demolition, etc. Construction debris or unwanted furniture may not be placed in the dumpsters. In addition, Lessees are responsible for the clean-up of any public area including, but not limited to, compactor rooms, hallways, lobbies, basement corridors, stairwells and parking facilities, which have been littered or soiled as a result of work performed or service provided to said Lessee’s apartment or on behalf of said Lessee. The cutting of construction material, tile, carpeting or mixing of cement or any compound is strictly prohibited on any terrace, buildings’ common areas, or anywhere on the property. All water shutdowns are to be scheduled in advance through the Management Office. Lessees failing to obtain approval as set forth herein may be required to remove the alterations at the Lessee’s expense. Damage claims made by any Lessee or the Lessor that is a result of an alteration will cause the alteration to be suspended until the damage claim is resolved. 21. STORAGE SPACE

Storage spaces do not go with the apartment. They are solely assigned by the Management Office. Any Shareholder wanting to obtain a storage space must apprise the Management Office in writing and they will be added to the waiting list. If a Lessee knows of another Lessee who is willing to share their storage space with them, both Lessees must apprise the Management Office in writing, so the records are updated accordingly. Only one storage space per apartment is permitted. The use of the storage area is limited to resident Shareholders only (Tenants or sublessee may not obtain storage space.) All items stored in the storage space must be stored in a proper manner. The following items may not be stored in the storage spaces: 1. Storage of any flammable liquids is prohibited. 2. Mattresses and or box springs 3. Rugs, carpeting and upholstered furniture

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4. Cardboard boxes, papers, magazines, or clothing that are not in fire resistant containers are prohibited All contents must be confined to the designated storage areas and must allow a two foot clearance to the ceiling. All containers must be clearly marked with the building and apartment number. Upon three (3) day written notice to the Lessee by the Lessor, the contents of any storage area is to be removed or relocated to provide access as required by the Lessor. Any refusal to accommodate such request will cause the forfeit of such space to the Lessor. In case of an emergency, the Lessor may move the contents of a storage area without the Lessee’s consent. The Lessee will be responsible to return the items to the assigned storage area, upon a three (3) day written notice by the Lessor. Shareholders who use any storage facility or bicycle room do so at their own risk. The Lessor and its agent shall not be responsible for any loss or damage incurred to contents, regardless of the reason. Shareholders using the storage facilities must take the necessary precautions to secure their items within the storage facilities. The limited storage facilities are provided as an accommodation only. The Lessor shall not be responsible for any property left with any employee / agent or in the limited storage area that is gratuitously provided. If any person shall use the storage space, such use shall be entirely at the risk of such person. The Lessor shall not be liable for any loss of property therein, or for any damage or injury whatever to any person or property therein or in connection therewith. Use under these express conditions is a material element of the arrangement and does not imply a bailor-bailee relationship. 22. LOCKOUTS AND APARTMENT KEYS

If a Lessee locks himself/herself out of his/her apartment during normal operating hours of the Management Office, a maintenance employee will provide access to your apartment free of charge. After normal operating hours of the Management Office, and if staff are not on site, a $200.00 charge will be posted to your maintenance bill for lockouts. Lessees at their own risk and expense may contract a private locksmith for lockouts. At all times, Lessees are required to provide a functioning copy of their apartment entry keys to the Management Office. The Management Office maintains a secure lock box for apartment keys. These keys will be used for emergencies only or as otherwise permitted under the Proprietary Lease / House Rules. Failure to provide said key(s) is a violation of the house rule and will subject the above holder/tenant to a warning letter regarding loss of parking space. Lessees refusing to comply with this House Rule are in violation of Section 51-c of the

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NYS Multiple Dwelling Law. Any expense or damages associated with obtaining access to an apartment, due to the lack of functioning keys, will be the sole responsibility of the Lessee. Any replacement lock or door replacement charge will be posted to the Lessee’s maintenance bill as additional charge. At no time will Management provide access to Lessees’ guests, housekeepers, contractors, workers, or unregistered occupants of an apartment. 23. BUILDING STAFF AND BOARD OF DIRECTORS Utilization of the building staff for errands, repairs, help with housework, or any other chore during his or her scheduled work time is prohibited. Work performed by a staff member, before or after work hours, shall be deemed a private arrangement between the Lessee and the staff member. A signed waiver must be submitted to the Management Office except for snow removal. The Lessor bears no responsibility for work performed under these arrangements. Under no condition shall the building staff perform any private work while he/she is wearing a Birchwood Court Owners, Inc., uniform. Lessees shall not give instructions or directions regarding the operation and / or management of the building to any building employee or Management. Complaints regarding the service of the building and its employees shall be made in writing to the Management Office or the Board only. No Lessee shall be abusive toward, harass or intimidate any employee of the Lessor, Management Office or any member of the Board. No Lessee shall disrupt any meeting called by the Board through the use of abusive language, shouting or threats. 24. DAMAGE TO PROPERTY

Lessees shall be liable for any and all damage caused by said Lessee or any visitor to their apartment or any other person for whose conduct he/she is legally responsible (such as servicemen, contractors, etc.). Lessees must promptly perform necessary maintenance and repair work to his/her apartment unit as specified in the Proprietary Lease. If a Lessee fails to perform maintenance or repair work to his/her apartment, and such failure or neglect causes damage to the Lessor’s property or the property of another shareholder, the Lessee will be fully responsible for said damage. 25. APARTMENT REPAIR REQUESTS (WORK ORDERS) Lessees requesting a work order or information regarding a repair are to contact the Management Office. Permission to enter will be requested with all work orders. If permission is not granted by the Lessee and damages occur to the Lessor’s property or to another Lessee the Lessee refusing to provide permission for entry will be responsible. When a work order is completed, a copy of the work order will be left in the Lessee’s apartment. After hours requests for emergency repairs that threaten the safety of a resident or property are to be made to the Security Guard. The Guard will

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notify the necessary parties. For life threatening emergencies such as a gas leak, please call 911 immediately followed by a call to the Security booth. Sublet residents must contact their landlord for apartment repair requests. Apartment repairs, which are not the Lessor’s responsibility as per the Proprietary Lease, are the Lessee’s responsibility. A list of additional services performed by the Lessor at an additional fee is available from the Management Office. The additional service charge will be posted to the Lessee’s maintenance bill as additional maintenance. 26. SANITATION AND RUBBISH REMOVAL Only newspapers, magazines, bulbs, batteries, books, clean paper products and washed out containers (plastic, glass & metal), beverage cartons and empty aerosol cans are permitted in the recycling containers located in the compactor rooms. No other items or refuse shall be left in this room. Household trash such as discarded food, deli / yogurt containers, Styrofoam products, soiled paper products, food wrappers, coffee / tea grinds (well drained), vacuum bags, diapers must be placed in secure trash bags that will not drip or burst in the building common areas. The trash bag must be able to fit through the compactor chute.

Loose trash may not be placed in the compactor chute at any time. No vacuum cleaner bag should be emptied directly into the compactor chute.

Large trash bags, fluorescent bulbs, lamps, and small appliances (toasters, , coffee machines etc.) are to be placed in a dumpster behind Building 6. Corrugated cardboard boxes are to be brought, flattened and placed in the designated recycle dumpster behind Building 6.

No garbage, construction material, packing material, debris, cartons, or crates shall be left in any stairwell, hallway, lobby, sidewalk, basement corridor, storage room or any other public area.

No furniture (e.g., mattresses, box springs, couches, tables, wall units), large appliances (stove, refrigerator), wall-to-wall carpeting, television sets and construction material, shall be left in the dumpster area of the complex. Lessees are exclusively responsible to arrange for the removal of these items from the property. Lessees caught illegally placing materials in the dumpsters or dumpster area will be billed for any single item requiring a bulk pickup. Said charge will appear on your Lessee’s maintenance bill. All mattresses, box springs, sofa beds, sofas, wall-to-wall carpeting and upholstered furniture being disposed must be appropriately wrapped at all times when carried through the hallway. At no time is any item allowed to be left in the hallway.

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27. PARKING Parking is limited at Birchwood Court and all parking spaces and garages have been assigned to individual apartments. Even though a parking waiting list exists, there is no guarantee that parking will be available. The Lessor reserves the right to not assign center-lane or reserved parking spaces to an apartment. If a parking space that can be assigned becomes available the next person on the parking waiting list will be offered the space, and if accepted, assigned to the apartment. Commercial vehicles are strictly prohibited from parking at Birchwood Court. No vehicle is permitted within Birchwood Court unless it is registered with the Management Office and has a valid parking sticker indicating the space number on said sticker. All vehicles without parking permits or a temporary parking permit will be towed at the owner’s risk and expense. Parking is permitted only within the assigned parking space / garage. Vehicles must park with the front end of the vehicle facing the curb. Vehicles must be parked within the confines and boundaries of the parking space. Parking stickers are obtained through the Management Office.

There is no visitor parking at Birchwood Court. Lessees’ guests may park in the space rented by the Lessee, provided the Lessee has removed his /her vehicle from the premises and advised the Security Guard of the approximate time of arrival of the guest(s). The Lessee remains responsible for the guest parking in the proper space. The visitor must obtain a temporary parking pass from the security officer.

There are a number of handicapped persons living at Birchwood. In an effort to accommodate them, a center lane handicap parking area has been designated for the exclusive use by the Lessee who was issued a permit for said space. These spaces are not assigned to an apartment and no guest will be permitted to park in these parking spaces under any circumstances. The center-lane spaces may not be sublet. Furthermore, the Lessor asks that you be willing to relocate to another parking space if your newly issued space better accommodates someone with a physical disability. The Lessor reserves the right to designate, or change parking assignments if necessary. All Lessees currently using the parking facility must comply with the terms herein. The speed limit in the parking areas is 10 mph. Lessees and operators of vehicles must comply with all posted signs regarding the parking facilities.

Lessees with more than one vehicle registered to a single space are permitted to have only one vehicle parked in the assigned space, at any time. Only motor vehicles may occupy parking spaces.

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Three violations of any rules regarding the parking privileges and parking facility will result in the loss of parking privileges for the Lessee. This includes the loss of assigned parking spot or garage. Illegally parked vehicles will be towed at the owner’s sole risk and expense. While the Lessor is responsible to remove snow in the general parking lot and driveway, Lessees are responsible to remove the snow from their vehicle, parking space and from behind their vehicle to gain access to the general parking lot and driveway. Removed snow should be shoveled or pushed into the roadway, not onto the sidewalk. At the sole discretion of the Lessor, vehicles exceeding 198.50 inches in length or 79 inches in width will not be permitted to park on the property. Every Lessee who has an outdoor parking space or garage must have entered into a signed Parking/Garage License Agreement with the Cooperative. Said agreement is separate from the Proprietary Lease. If the Lessee does not promptly submit a copy of their signed unaltered Parking/Garage License Agreement to Management, they will lose their designated parking spot. Subject to the provisions set forth in the Parking/Garage License Agreement, if a Lessee violates any parking rules set forth herein three (3) times within a three (3) year period Lessee shall permanently lose their parking/garage space. 28. PACKAGE DELIVERY Anyone receiving notice of a package delivered to the Security Booth must pick up or arrange to have the package picked up immediately. Anyone leaving a package at the Guard Booth for more than two days excluding weekends, may risk having the package returned to the sender and will lose the privilege of having the guard accept his or her packages. The Lessor, it agents, and Security Company shall not be responsible for any property left with any employee and is not responsible for lost, damaged or misplaced deliveries / packages. Food deliveries such as Peapods and Fresh Direct may only be delivered between hours of 9:00am to 7:00pm on weekdays and 10:00am to 5:00pm on weekends and holidays.

29. CARPET CLEANERS, SERVICEMEN AND REPAIRMEN Carpet cleaners, servicemen, deliverymen or any other similar parties with equipment or hand trucks shall only enter and depart the building through the basement. The Lessee must notify the Management Office, three (3) days in advance of the expected arrival of said persons. The Lessee must make individual arrangements for the entrance of said persons through the basement doors. Access through the Lobby is strictly forbidden.

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Lessees expecting carpet cleaners, repairmen, and deliveries must advise the Management Office and make arrangements for those vendors to provide appropriate documentation which includes: (a) Proposed work; (b) Statutory Worker’s Compensation and Employer’s Liability Insurance; (c) Single limit comprehensive general liability insurance including, but not limited to,

premises, products, and contractual for bodily injury in limits of not less than One Million ($1,000,000.00) Dollars for each person, Two Million ($2,000,000.00) Dollars for each occurrence and Two Million ($2,000,000.00) Dollars in the aggregate;

(d) Property insurance in limits of Five Hundred Thousand ($500,00.00) Dollars; (e) Comprehensive vehicle liability insurance including, without limitation, non-

owned, hired or rental vehicles as well as owned, covering bodily injury and property damage in the amount of One Million ($1,000,000.00) Dollars, single limit.

The Lessee(s), Birchwood Court Owners, Inc., and Douglas Elliman Property Management, shall be named as additional insured under such policies. Each of such policies shall provide that it will not be canceled without thirty (30) days’ prior written notice to all named insured.

No supplies, hoses, equipment, debris or any item may be passed through a window or a terrace, assembled or disassembled in the common areas of the buildings or property. In addition, all packing material and debris must be taken off the premises upon delivery of the replacement item(s). Lessees will be billed at the rate of $500 for any single item requiring a bulk pickup that is illegally placed in or by the dumpster area. 30. SUBLETTING Any Lessee wishing to sublet his/her apartment must first complete an application form. The information required in that form shall include, but not be limited to, the following:

(i) the proposed term of the sublease (one year minimum); (ii) the name of the proposed sublessee; (iii) the business and permanent address of the proposed sublessee (iv) the Lessee’s address for the term of the sublease (v) the Lessee’s reason for subletting; (vi) Prior rental or residential ownership history of the proposed sublessee.

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The Lessee shall arrange for the prospective sublessee to complete an application to be provided by the Lessor’s Legal Counsel. The completed applications shall then be submitted to the Lessor’s Legal Counsel.

At the time of the filing of the applications, the Lessee shall pay to the Lessor a nonrefundable fee for credit and background examination and processing of the application for the proposed sublease.

Provided the credit report is favorable and acceptable and after the preliminary review of the Application, the Board or any designated subcommittee shall schedule an interview with the proposed sublessee.

If the application is approved, the Lessee, as consideration for the approval of the sublet, must forward a sublet fee payable to “Birchwood Court Owners, Inc.” for an amount equal to one (1) month’s rent for the privilege to sublet in a calendar year or an amount equal to one (1) month’s rent for a renewal of an existing sublease for the following calendar year. Said payment must be delivered to the Lessor’s Legal Counsel, immediately upon notification of the conditional approval and prior to the occupancy of the apartment by the applicant. All final approvals are conditional upon payment of these fees.

Upon payment of these fees, a Sublease Agreement will be forwarded to the Lessee, for execution by the Lessee and applicant. A copy must then be returned to the Lessor’s Legal Counsel. Only the Sublease agreement provided by the Corporation is valid and shall include, among other provisions, an assumption by the sublessee of the application provisions of the Proprietary Lease and the House Rules.

On an annual basis, the sublease will be reviewed by the Board, which will determine whether the sublease will be permitted to continue. Should the Board decide that the sublease will be cancelled, all parties will be given 60 days’ notice so that the tenant may vacate The Lessee may appeal the decision. The sublet period may not exceed five (5) years regardless of how many Sublease Agreements have been entered into. Once the terms of the Sublease Agreements total five (5) years, that Lessee shall be prohibited from further subletting. Said five (5) year period is measured from the date of the first Sublease Agreement. Additional fees and deposits are required as indicated on schedule of fees. 31. MOVING AND DELIVERIES All move-ins and move-outs (hereinafter “moves”) must be performed between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday and must be completed by 5:00 p.m. No moving vehicles will be permitted to enter Birchwood Court before 9:00 a.m. or after 3:00 p.m. No move (including self move) is permitted on weekends or holidays as listed below:

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New Year's Day

Martin Luther King Day Lincoln’s Birthday President’s Day

Good Friday Memorial Day

Independence Day Labor Day

Columbus Day Election Day

Veteran’s Day Thanksgiving Day

Christmas Day Eighteen wheel vehicles including moving vehicles with trailers are not permitted on the property. Prior to any moves or large deliveries such as furniture, appliance, etc. the Management Office must receive certificates of insurance no less than 3 days before the scheduled move. These insurance certificates should be issued by insurance companies licensed to do business in the State of New York and must evidence the following:

(a) Statutory Worker’s Compensation and Employer’s Liability Insurance; (b) Single limit comprehensive general liability insurance including, but not limited to,

premises, products, and contractual for bodily injury in limits of not less than One Million ($1,000,000.00) Dollars for each person, One Million ($1,000,000.00) Dollars for each occurrence and Two Million ($2,000,000.00) Dollars in the aggregate;

(c) Property insurance in limits of Five Hundred Thousand ($500,00.00)Dollars; (d) Comprehensive vehicle liability insurance including, without limitation, non-

owned, hired or rental vehicles as well as owned, covering bodily injury and property damage in the amount of One Million ($1,000,000.00) Dollars, single limit.

Shareholder(s), Birchwood Court Owners, Inc., and Douglas Elliman Property Management, shall be named as additionally insured under such policies. Each of such policies shall provide that it will not be canceled without thirty (30) days’ prior written notice to all named insured. Furniture, appliances and other deliveries (other than normal mail and overnight mail carrier deliveries, groceries etc.) may only be delivered Monday through Friday between the hours of 9:00 a.m. and 3:00 p.m. and must be off premises by 5:00 p.m. Saturday deliveries are permitted between 9:00 am through 2:00 pm and must be off premises by

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4:00 pm. No delivery vehicles will be permitted to enter Birchwood Court on Sunday or any holiday previously listed. For all moves and deliveries, prior arrangements must be made with the Management Office in order to have the elevators padded and the proper staff available for administering the move and/or delivery. Said arrangements must be made during normal Management Office business hours and at least three (3) business days prior to the expected moving date or delivery. All moves and deliveries may only be made through the basement entrances of the building where the delivery or move is being made. This applies to first floor apartments as well as those on the upper floors. No moves or deliveries are permitted through the lobbies. All mattresses and box springs must be wrapped in plastic when carried through the building hallways and may not be left for any time in the hallway. They may be subject to inspection by management. No items may be unwrapped or unpacked in any hallway or common areas. It is the Lessee’s responsibility to have the mover or delivery person remove all boxes and packing materials from the complex. Lessees failing to make these arrangements or to remove this debris themselves will be subject to a $500 fee for the bulk pickup of the material. At no time may the elevator be unduly restricted or restrained with any object or held up by anyone. No window or terrace may be used to move or deliver any property. Lessees moving or accepting deliveries will be responsible for any damage to the building, premises or common areas, which occur as a result of the move or delivery. Under no circumstances may any rigging be erected to bring large items to the upper floors. At the time of an apartment closing, the Seller must deposit with the Lessor the sum of $1,000.00 and the Purchaser must deposit with the Lessor the sum of $1,000.00 (amount subject to change by the Board), by delivering same to the Lessor’s Legal Counsel, to guarantee that no damage is caused and to ensure compliance with the House Rules. Said deposit will be returned within ten (10) days after Walsh Markus McDougal & Debellis LLP has received written notification from the Management Office, confirming that no damage occurred during the move. It is the Lessee’s responsibility to contact the Management Office so that an inspection can be made. In the event of any damage or non-compliance, the cost of the damage and or administration fee for non-compliance may be deducted from the deposit. The deposit is not deemed a limit as to the amount of the recovery for the damages or administration fee for non-compliance. Any additional sums owed will be billed to the Lessee and same must be paid as additional maintenance due under the Proprietary Lease.

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32. LAUNDRY ROOMS

Laundry rooms are located in the basement of each building. As a shared laundry facility, Lessees are to be conscientious to others by using the laundry equipment appropriately and by keeping the room neat and clean. Laundry cannot be left in washers and/or dryers for more than 10 minutes after the cycle has ended. After 10 minutes, any resident waiting for a machine may remove the laundry and continue with their wash. Any machines that are not working should be reported to the Management Office immediately, providing the building and code of the malfunctioning machine. The Lessor is not responsible for damaged, lost or stolen clothes or money. A claim must be made directly to the laundry room operator. All food and beverages with the exception of water are prohibited in the laundry room. Laundry carts may not be removed from the laundry facility for any reason. Residents are not permitted to clean tables or machines with any bleaching agent. Any cleaning material applied or spilled onto the tables must be well rinsed and wiped dry. Residents/Shareholders will be held responsible for any resulting damages. 33. HOUSE RULES AND PROPRIETARY LEASE VIOLATIONS

Complaint Procedure All violations of the House Rules and Proprietary Lease are to be reported to the Management Office, in the manner set forth for Notice in the Proprietary Lease. This report should contain the date and time of the occurrence, and the name, building and apartment number where the violation occurred as well as any other known information. All rules and regulations outlined must be adhered to at all times. Any violator of these rules and regulations or of any term of the Proprietary Lease may be subject to remedies available to the Lessor including loss of parking space, pursuant to the terms of the Proprietary Lease, and applicable law which includes legal fees that will be charged to the offending Lessees maintenance account. If a Lessee violates the same House Rules three (3) times within a three (3) year period Lessee shall permanently lose their parking/garage space. 34. OCCUPANCY OF APARTMENT

Only approved Lessees shall be permitted to reside in Birchwood Court. In addition, any person other than an immediate family member who will be residing in the apartment with or in lieu of the Lessee as stated in the Proprietary Lease, must be screened and approved by the Screening Committee prior to said occupant moving in and occupying the apartment. The House Rule for Subletting must be followed with respect to an application for occupancy of the apartment by persons other than immediate family members where the Lessee(s) do not intend to occupy the unit with said occupant. 35. HOURS OF OPERATION OF EXERCISE EQUIPMENT All permitted exercise equipment including, but not limited to treadmills, stationary bicycles and approved weight equipment may only be used between the hours of 9:00

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a.m. and 10:00 p.m. All equipment must be placed and used over appropriate carpet padding, carpet or rug and an exercise mat. 36. COMMON ELEMENTS No Lessee is to alter, change, remove, or otherwise affect any plants, shrubs, trees, or structure on the complex, without prior approval from the Board of Directors. Terraces may not be enclosed. Terrace floors may not be painted, tiled or carpeted in any manner and may not be used for storage of any materials. No antennas or permanent furniture is permitted. Throwing or dropping objects from terraces is not permitted. Occupants shall maintain terraces free of any material that may cause injury to others or structural damage. Surface areas of terraces shall be maintained free of any material that may cover or clog the drains. Wind-driven soil, leaves and plant debris shall not be permitted to accumulate on terraces. Maintenance of the terrace is the sole responsibility of the Lessee. 37. INSURANCE All Lessees must continuously maintain in full force and affect an insurance policy for their apartment, which provides general liability insurance including but not limited to: (a) premises, products, and contractual for bodily injury in limits of not less than

Three Hundred Thousand ($300,000.00) Dollars for each person and each occurrence;

(b) Property insurance in limits of at least Thirty Thousand ($30,000.00) Dollars including, but not limited to all personal property and any improvements to the Premises.

The policy shall provide that it will not be canceled without thirty (30) days’ prior written notice to all named insured. In the event of any cancellation notice by the Lessee, a notice of said cancellation must be delivered by the Lessee to the Cooperative’s Management Office located at 3 Birchwood Court, Mineola, NY 11501, via certified mail, return receipt requested and regular mail, within five (5) days of receipt of said cancellation notice, but not later than twenty (20) days prior to the cancellation date of said policy. A Certificate of insurance and endorsements, issued by an insurance company licensed to do business in the State of New York and satisfactory to Cooperative, evidencing the existence of the policy and all premiums reasonably paid thereon must be provided to the Cooperative’s Managing Agent upon purchasing the residence. The Cooperative’s Managing Agent must automatically receive renewals or changes to the Lessees insurance coverage.

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38. SOLICITATION Solicitation of any kind is absolutely prohibited. Lessees who become aware of any solicitation, flyers, menus, etc. which have been left on the premises should bring it to the attention of the Management Office so that appropriate action may be taken. 39. WRITTEN MATERIAL No posting of signs, advertisements or other written materials are permitted anywhere in the Cooperative’s premises without prior approval from Management. 40. SMOKE/ CARBON MONOXIDE DETECTORS All Lessees are responsible for compliance with New York State Executive Law §378(5)-a/b which requires the installation and maintenance of smoke/ carbon monoxide detectors in each apartment unit in accordance with the terms of said law. The Lessee must install the carbon monoxide detector as required pursuant to the New York State Executive Law §378(5)-a and must immediately replace and/or repair any inoperable or otherwise defective carbon monoxide detector; and is responsible for the maintenance of any carbon monoxide detector in said Lessees apartment unit. The lessor may enter any apartment after providing 24hr written notice at any reasonable hour of the day to inspect an apartment for compliance to said rule. 41. PLAYGROUND & SITTING AREA

The playground and sitting area are for exclusive use by Lessees and their guests. The playground is open from 10:00 am to the earlier of dusk or 8:00 pm. Children under twelve (12) years of age must be accompanied by an adult. The audible playing of radios, TV’s, musical instruments or other portable audio devices is prohibited, except at Lessor functions. The consumption of alcohol in the building common areas, parking lot and playground is prohibited. Roller blading, skating, skateboarding, ball playing, the use of Frisbees or other tossed or thrown objects and fence or tree climbing is prohibited. All playground users must dispose of trash appropriately. Littering is prohibited throughout the grounds. Lessees are responsible for the conduct of their guests including the costs of clean-up or the repair of any damage resulting from their activities.

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ALL PERSONS USING THE PLAYGROUND AND SITTING AREA DO SO AT THEIR OWN RISK. BIRCHWOOD COURT OWNERS, INC. ASSUMES NO RESPONSIBILITY FOR ANY ACCIDENT OR INJURY IN CONNECTION WITH SUCH USE OR FOR ANY LOSS OF OR DAMAGE TO PERSONAL PROPERTY. PERSONS USING THE PLAYGROUND AND SITTING AREA SHALL HOLD HARMLESS AND INDEMNIFY BIRCHWOOD COURT OWNERS, INC., ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY LOSS OR CLAIM ARISING FROM SUCH USE. PARENTS OR GUARDIANS OF MINORS ARE RESPONSIBLE FOR THE CLEAN UP OF ANY CHALK OR OTHER MARKINGS MADE BY THEIR CHILDREN. SAID CLEAN UP MUST BE COMPLETED BEFORE LEAVING THE PLAYGROUND.

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Appendix A SCHEDULE OF FEES Fees After business hours and building staff off-site lockout fee $200 Annual Sublet Administrative Fee for new subleases One month’s Rent Renewal subleases to the same Resident(s). One month’s Rent Administrative Fee for second sublease in one year $1,500 (This is an exception situation, granted under extenuating Circumstances ONLY with Board approval.) Lease Transfer or Processing Fee $500 Move-in Deposit (Lessee) $1,000 (Refundable, in all or part, if no damage occurs) Move-in Fee & Move-out Fee (Lessee) $350 Move-out Deposit (Lessee) $1,000 (Refundable, in all or part, if no damage occurs) (Separate deposit required from each party moving in/out) Move-in Deposit (Sublessee) $1,000 (Refundable, in all or part, if no damage occurs) Move-in Fee & Move-out Fee (Sublessee) PAID BY SHAREHOLDER $350 Move-out Deposit (Sublessee) $1,000 (Refundable, in all or part, if no damage occurs) Alteration Deposit $1,500 - $5,000 (Refundable, in all or part, if no damage occurs to Cooperative grounds/property and no violation of the alteration agreement/House Rules) Bulk Pick up Trash Fee $500

Additional fees apply for repair work/services not covered by the Proprietary Lease. Please contact the Management Office for fee list.

These rules and regulations as set forth hereinabove may be amended from time to time by the Board, in accordance with the By-Laws of the Cooperative.

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