WHEREAS, the Board of Trustees of The Greenbriar Association, Inc. (the "Association") with an address of  One Darley Circle, Brick, NJ 08724, hereby adopts this Resolution Regarding Driveway Installations.

      WHEREAS, the Greenbriar Association was created by, among other things, the
Declaration of Covenants and Restrictions of Greenbriar Association, Inc. as may be amended from time to time (collectively the "Declaration"), and the Bylaws of Greenbriar Association, Inc. (collectively the ''Bylaws"), as may be amended from time to time, which were recorded in the office of the Ocean County Clerk on October 12, 1976, in Book 3561, Page 262; and,

      WHEREAS, Bylaws, Section 9(1), states that the Association may "make and enforce compliance with such published Rules and Regulations relative to the use and occupancy and maintenance of the Living Units, the operation and use of the COMMON PROPERTIES AND FACILITIES, and to amend the same from time to time as the Board deems reasonable and necessary, these Rules and Regulations shall become binding on all owners."; and

     WHEREAS, the Board deems it to be in the best interest of the Association that Rules Relative to Driveways be adopted and enforced;

      NOW, THEREFORE, BE IT RESOLVED THAT the following procedures are hereby adopted:

      I.    Regarding Driveway Installations the following is the criteria:

            For the Elm Models

1.   The driveway must be made of concrete or blacktop or concrete pavers.


2.   
The width cannot be wider than 16 feet from the external side of the garage           towards the atrium. Any part that exceeds this width will have to be removed.


3.   It must not protrude past the garage wall.


4.   Walkway in the front of the house must not be removed. It may be replaced with new concrete, pavers or large paving stones (not gravel, any size).


5.   The walkway must not be paved over with asphalt.


6.   A sketch must be provided with a mark out to the Administration office and the
Architectural Committee for approval before proceeding.

7.   Curb cuts may not be done without a Brick Township Permit.


8.   All grassed areas must be returned to their original condition.



              For all other models

1.   May widen driveway from external side of garage to the house.

2.   May not widen driveway to exceed the footprint of the house.

3.   Curb cuts may not be done without a Brick Township Permit.

4.   All grassed areas must be returned to their original condition.

 

 

Greenbriar Association 


Resolution Regarding Collection 


Delinquent Accounts

THE GREENBRIAR ASSOCIATION 


POLICY RESOLUTION


REGARDING LEASING REQUIREMENTS


      NOW, THEREFORE, BE IT RESOLVED on this 13th day of August. 2001, that the Greenbriar Association's Board of Trustees adopts the following policy and procedures to be implemented for the collection of delinquent common element assessments and fees.           

      1.   All assessment accounts which are not paid within fifteen (15) days of becoming due  shall be  referred  to  the  Association's  Administrator  for  the issuance of a collection letter substantially in the form set forth in Exhibit A attached;

      2.   All assessment accounts which are past due for thirty (30) days or more shall be issued a final notice by the Association's Administrator prior to the filing of a lien, said notice to be substantially in the form set forth in Exhibit B attached, a copy of which will be sent to the Association's legal counsel to obtain owner and mortgagee information;

      3.   All assessment accounts which are past-due for ninety (90) days or more shall be referred to the Association' s Administrator for the issuance of a lien on that particular property in the form set forth in Exhibit C attached, a copy of which will be sent to the Association's legal counsel;

       4.   In lieu of the foregoing collection procedure, a delinquent homeowner requesting a payment plan must do so in writing outlining proposed repayment plan, while keeping the monthly assessment account current, in order to avoid additional late charges. Any payment plan, compromise or adjustments must be approved by the Board of Trustees. Any default in the payment plan will result in immediate legal action as set forth above.


      BE IT FURTHER RESOLVED that the officers and agents of the Association are hereby directed authorized and empowered to execute, acknowledge and deliver such documents, instruments and papers and perform such acts as may be legally, properly and reasonably required or necessary in connection therewith;

      BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.


                                                    EXHIBIT B

 

<DATE>


<NAME>

<ADDRESS>

Brick, New Jersey 08724

 
RE:      <ADDRESS>

Account Balance - Final Notice

 
Dear <NAME>:

In reviewing our records, it was noted that as of______, 20__, the above referenced account is in arrears in the amount of $______. This balance includes the current month's maintenance fee.

Please remit payment in the amount of $______, payable to the Greenbriar Association. If you are disputing the above balance, or would like to request a payment plan, please contact this office in writing detailing same, including any supporting documentation, within ten (10) days of 'the date of this letter. Your correspondence will be forwarded to the Board of Trustees for their review.

Failure to comply with this request will result in the filing of a lien on your property. In addition, pursuant to the Association's governing documents, you will be responsible for all legal fees and administrative fees incurred relating to the collection of this account. This is an attempt to collect a debt and any information obtained will be utilized for this purpose. If you have already issued payment, please disregard this notice.

Please contact the undersigned directly in the event you have any questions regarding the above. Your prompt attention to this matter is appreciated.


Thank you.



Sincerely yours,

 

_________________________
Administrator


cc:       Board Correspondence
            HO File

            Greenbriar Association

            Resolution Regarding Collection
            Delinquent Accounts


      WHEREAS, the Board of Trustees of the Greenbriar Association, Inc.  (The ''Association") with an address of One Darley Circle, Brick, NJ 08724, hereby adopts this Resolution regarding leasing requirements.

      WHEREAS, the Greenbriar Association, Inc. was created by, among other things, the Declaration of Covenants and Restrictions of Greenbriar Association Inc. as may be amended from time to time (collectively the "Declaration"), and the Bylaws of Greenbriar Association, Inc. (collectively the ''Bylaws"), as may be amended &om time to time, which were recorded in the office of the Ocean County Clerk on October 12, 1976, in Book 3561, Page 262; and,

      WHEREAS, Bylaws, Section 9(1), states that the Association may "make and enforce compliance with such published Rules and Regulations relative to the use and occupancy and maintenance of the Living Units, the operation and use of the COMMON PROPERTIES AND FACILITIES, and to amend the same from time to time as the Board deems reasonable and necessary, these Rules and Regulations shall become binding on all owners, occupants, lessees, invitees, Members, residents, and guests, etc...."; and

      WHEREAS, the Board deems it to be in the best interest of the Association that rules relative to leases be adopted and enforced; and

      NOW, THEREFORE, BE IT RESOLVED THAT the following procedures are hereby adopted:

      1.   Unit owners shall be entitled to rent their unit in accordance with the Association's Declaration and By-Laws. 


      2.   Any units which are leased shall be subject to a written lease showing the names of all unit occupants and that the lease period is no less than one (1) year. 


​      3.   The unit owner must incorporate the Association's lease rider into all of its leases. A copy of the lease rider is attached hereto as Exhibit "A".


      4.   All unit owners must provide the Association with a copy of any unit leases, including the lease riders, within seven (7) days prior to the beginning of the lease term. This requirement applies to all lease renewals as well. All leases, lease riders, and lease renewals must be available for review, upon request by the Association.


      5.   Simultaneous with the submission  of the  copy  of the proposed lease, the unit owner shall also remit to the Association a fee in the  amount  of  $250.00.  This fee is intended to cover the Association's costs in connection with the administration record keeping, and bookkeeping resulting from the change in occupancy. This fee shall also cover the photocopying costs incurred by the Association in connection with providing copies of the pertinent restrictions concerning the use of the lot.


      6.   After notice of a violation, if the conduct complained of is found to be in violation of the Association's Declaration, Bylaws and/or Rules and Regulations regarding leasing, a fine of twenty-five ($25.00) dollars per day shall be instituted. Failure by a unit owner to remedy any violation shall be considered a separate violation and a separate fine of twenty-five ($25.00) dollars per day shall be imposed.


      7.   This resolution is subject to the alternate dispute resolution procedures of the Association.
 
      8.   As residents in the community, tenants may attend annual and open board meetings. However, tenants are not authorized to vote unless specifically directed via a proxy signed by the unit owner.

      9.   The Association requests that all Tenants use the Standard Form of Lease from the New Jersey Association of Realtors, which has already been approved by the Association. All other lease forms must be provided to management for approval.


      10.   An executed copy of the Lease shall be filed with the Association's management office prior to the effective date of the Lease and must include a copy of the Certificate of Occupancy from the 
Township of Brick.


      11.   
Tenant must provide a copy of the Tenant Liability Insurance policy naming the Association as an additional insured as their interests appeaR.


     12.   Any monies due hereunder shall be collected by the Association in the same manner as Association assessments.


      13.   Notwithstanding any of the above, the Association may exercise all rights and remedies available to it at law, in equity and/or pursuant to the Governing Documents.


      14.   Should any provision hereof be determined to be invalid, the remaining provisions hereof shall remain in full force and effect.


      15.   Any provision contained within any previously adopted resolution of the Association, which conflicts with any provisions set forth herein, shall be deemed void and the provision contained herein shall govern.          

 


                                                            Exhibit A

                                              GREENBRIAR ASSOCIATION. INC.
                                             REGULATION ON LEASE OF UNITS
                                                 AND ASSIGNMENT OF RENTS

                                                        LEASE RIDER


LEASE SUBJECT TO ASSOCIATION GOVERNING DOCUMENTS.  The provisions of the By-Laws and Declaration of Covenants  and  Restrictions  (collectively  the  "Governing Documents") of Greenbriar Association, Inc. (the "Association") and any rules and regulations promulgated thereunder (the "Rules and Regulations") constitute material provisions  of  this Lease and are incorporated by reference in this Lease. If any provision of the Lease is not consistent with the Governing Documents and the Rules and Regulations, the Governing Documents will control.

VIOLATION   OF GOVERNING   DOCUMENTS   IS   GROUNDS   FOR   EVICTION.  Failure to comply with the Governing Documents or Rules and Regulations constitutes a material breach of this Lease and is grounds for eviction. In the event that the Tenant violates a provision of the Governing Documents or Rules and Regulations, the Association will notify the Landlord of such violation(s) and the violation(s) must be remedied through the Landlord's efforts within thirty (30) days after such notice. If such violation(s) is not remedied within said thirty (30) day period, then the Landlord shall have the obligation to institute eviction proceedings in the name of the Landlord against the Tenant. If the Landlord fails to commence eviction proceedings within thirty (30) days from the date of notice by the Association, then the Association may commence eviction proceedings in the name of the Landlord against the Tenant. The Landlord will then be responsible to pay the Association's reasonable legal fees and costs incurred in such a proceeding.

NO ASSIGNMENT OR SUBLET. The Tenant will not assign or sublet all or part of the property being leased (hereby the "Premises") without prior written consent of the Association.

UNIT ACCESS.  The Tenant  agrees  and  acknowledges  the  right  of the  Association to  have access  to  the  unit  from  time  to  time  during  reasonable  hours as  may  be necessary   for the maintenance, repair or replacement of any common elements therein  or accessible thereof or for making emergency repairs necessary to prevent damage to com mon elements or to any other unit or units. The Association shall not be liable to either the Landlord or the Tenant for any damage resulting from the Association's exercise of its rights pursuant to this provision, except for damage caused by the Association's negligence.

GOVERNMENTAL REQUIREMENTS. Notwithstanding the above, the Tenant shall com ply with all federal, state and local requirements concerning the occupancy and use of the unit, including but not limited to, New Jersey Department of Community Affairs' regulations and city ordinances concerning the number of individuals who may reside within the unit, in conjunction with any related provisions of the Governing Documents and/or Rules and Regulations with any related provisions of the Governing Documents and/or Rules and Regulations.  Failure to comply shall constitute a material breach of this Lease.

INJURY, DAMAGE OR LOSS.   The Tenant shall promptly notify both the Land lord and the Association of any defects in or problems with the common elements.

LANDLORD'S    ASSIGNMENT    OF   RENTS   TO   ASSOCIATION.      The   Landlord   herein acknowledges that the execution of this Lease Rider does not operate to relieve the Landlord of the Land lord's obligation to pay the unit's proportionate share of the common expenses and assessments required by the Association.  As security for the performance of the Landlord's continued obligation to pay the unit's proportionate share of common expenses and assessments, the Landlord herein assigns to the Association the rent payable to the Landlord by the Tenant.
 
Said assignment of rent shall, however, only become operative upon the Landlord's failure to timely pay the Landlord's unit's proportionate share of common expense and assessments, as well as any fines, late fees, attorneys' fees and any other expenses or costs to the Association, after having been given thirty (30) days written notice by the Association as to the Landlord's default. Upon the Landlord's failure to cure said default within said thirty (30) day period, the Association can, without having to institute any court action or proceeding, demand of the Tenant that the Tenant pay over to the Association any and all rent due to the Landlord under the terms of the Lease.

The Tenant herein covenants to fully cooperate with the Association and to pay rent directly to the Association if so demanded by the Association. The rent  received  by the Association  from the Tenant shall be applied as follows: (1) to  cure  the  Landlord's  delinquency,  including common expenses and assessments, late fees, fines, attorneys' fees and any other  costs  or expenses that the Association may incur as a result of the Landlord' s nonpayment; and (2)  any rent in excess of the Landlord's account balance shall be returned  to the  Landlord.
 
The Landlord shall observe and perform all of its obligations  and  agreements  under  the Lease and shall not do or permit anything to be done to impair the assignment herein, and Association shall not be obligated by reason of acceptance of this assignment to perform any obligation of the Landlord provided for in the Lease.  The Landlord agrees to indemnify the Association  and  save it harmless from and against any loss, liability, or damage (including reasonable counsel fees) arising from any claim by any Tenant or any other party arising under or in connection with the Lease or this Assignment.
 
This Assignment shall inure to the benefit of the Association, its successors and assigns, and it shall be binding upon the Landlord, Tenant and his/her administrators, successors and assigns.

NON-WAIVER. Nothing contained in this Lease Rider and no act done or omitted by the Association pursuant to the powers and rights granted it herein shall be deemed to be a waiver by the Association of its rights and remedies under the Governing Documents. This Lease Rider is made by Landlord and Tenant and may be accepted by the Association without in any way limiting or constricting any of the rights, powers and remedies possessed by the Association under the terms of the Governing Documents. The rights of the Association to collect any obligation of Landlord and to enforce any other of its rights may be exercised by the Association either prior to, simultaneously with or subsequent to any action taken by it under this Assignment.

The Landlord shall promptly supply to the Association complete copies of all Leases in effect upon the Unit, as well as the status of such Leases.

NON-AGENCY. The Association shall not be deemed to be an agent, partner or joint venture of Landlord or of any other person, and nothing herein contained shall be construed to impose any liability upon the Association by reason of the assignment granted hereby.

BREACH. Failure of the Tenant and/or the Landlord to comply with any provision herein shall constitute material breach of this Lease.

________________________________                    ___________________________       
Tenant                                                                       Date


________________________________                    ___________________________       
Tenant                                                                       Date



________________________________                     ___________________________       
Landlord                                                                    Date

 

THE GREENBRIAR ASSOCIATION


POLICY RESOLUTIONS

THE GREENBRIAR ASSOCIATION


POLICY RESOLUTION NO.


DRIVEWAY INSTALLATION


REQUIREMENT 

(Adopted October, 2014)

Greenbriar Association


Policy Resolution Regarding


Generator Installation Requirements

(Adopted February 10, 2014)


      WHEREAS, the Board of Trustees of The Greenbriar Association, Inc. (the "Association") with an address of One Darley Circle, Brick, NJ 08724, hereby adopts this Resolution regarding Generator     Requirements.

     WHEREAS, the Greenbriar Association, Inc. was created by, among other things, the Declaration of Covenants and Restrictions of Greenbriar Association, Inc. as may be amended from time to time (collectively the "Declaration"), and the Bylaws of Greenbriar Association, Inc. (collectively the "Bylaws"), as may be amended from time to time, which were recorded in the office of the Ocean County Clerk on October 12, 1976, in Book 3561, Page 262; and,

     WHEREAS, Bylaws, Section 9(1), states that the Association may "make and enforce compliance with such published Rules and Regulations relative to the use and occupancy and maintenance of the Living Units, the operation and use of the COMMON PROPERTIES AND FACILITIES, and to amend the same from time to time as the Board deems reasonable and necessary, these Rules and Regulations shall become binding on all owners."; and

    WHEREAS, the Board deems it to be in the best interest of the Association that rules Relative to Generators be adopted and enforced; and

NOW, THEREFORE, BE IT RESOLVED THAT the following procedures are hereby adopted:

       I.  Regarding residential generators the following is the criteria:

1.   Conditions are as follows: The necessity of a generator must be by the directive of a medical doctor based on a medical disability that requires electrical power. All generators must require an electrical connection.

2.   An electrical generator must be powered by natural gas and is permitted with prior GBHA approvals and permits from Brick Township to provide electric power during power outages only. The installation of all generators is still at the discretion of the board.

3.   All generators shall be limited to 10KW @ 63 decibel's.

4.   Generator are to be fueled by natural gas line and be stationary and shall be installed per manufacturer’s specifications.

 5.   The stationary generator shall be installed on a cement pad 4" thick with a 2” space around the generator on the platform.

6.   All generators will have a location chosen by the Architectural Committee and the Greenbriar Administrator; no Generator shall be installed in the front of the house, or between and comer houses it must be on the street side all others must be located in the rear of the house.

7.   The generator shall be connected to the electric house wiring through a transfer switch (to prevent feedback to power lines) which shall be installed per all applicable codes and inspected by the appropriate Brick Township Code Officials.

 8.   Generator System shall be designed for residential use and comply with all national, state and local codes and all manufacturers installation guidelines. Evidence of compliance of all local codes and all local codes specifically relating to location shall be detailed in the GBHA application for reference only. Final location is chosen by GBHA and

the Administrator.

9.   Owner shall obtain all necessary local approvals before installation and provide final approvals (electrical/plumbing) to GBHA before placing generator in operation.

 10.   Generators must be surrounded by a sound barrier natural or fence type

11.    Portable generators are forbidden.

12.   Generators must be 5' from all windows and 18" from the house.

13.   Generator testing is limited to the hours of 10am-4pm

14.   Notwithstanding any of the above, the Association may exercise all rights and remedies available to it at law, in equity and/or pursuant to the Governing Documents.

15.   Should any provision hereof be determined to be invalid, the remaining provisions here of shall remain in full force and effect.

16.   Any provision contained within any previously adopted resolution of the Association, which conflicts with any provisions set forth herein, shall be deemed void and the provision contained herein shall govern.

 ​