RULES OF PROCEDURE
OF “TARSIS CLUB” COMPLEX
(Adopted by Order No. …../………….. )
The following terms are defined hereinafter in this document, as described below:
Owner – a person registered in the ownership documents (including his/her family lineal relatives) of a separate building, located within the complex.
Guest – a person who is not an Owner or lineal family member of the owner, residing in a property.
Tourist – a person using tourist service offered by the managing company
Visitor – any person who visits a property in the presence of the Owner, Guest, Tourist or User.
User – all persons, who by virtue of the right in rem established by notary deed from the owner of a property in “Tarsis Club” complex, exercise it within a specified period.
Resident – Owner, Guest, Tourist, Visitor or User located within the complex.
Complex – a separate plot of land where buildings are constructed in condominium and other facilities serving the owners, guests, tourists, visitors and users in compliance with the requirements of controlled access of outsiders.
Managing company – a company named “G – M 8” Ltd., in its capacity of an investor, to which Owners of individual properties have assigned by individual notarized contracts the management of common and service parts of the complex.
“Internal order officer” – a person who exercises control under the provisions for internal order, pursuant to a contract with the Managing company.
Management includes order and control on the use, maintenance of the common and service parts, observing the internal order in the complex, as well as control over the fulfilment of the obligations of Residents in the complex.
Common parts – in a given building these are the foundations, exterior walls, interior partition walls between the different parts, interior bearing walls, columns, beams, slabs, stairs, landings, roofs, chimneys, external doors of the building, doors between floors, main lines of all types of installations and their central systems, gutters, and everything else which in nature or designation serves for common use.
Service parts – swimming facilities (swimming pools), sunbathing area, entertainment spots, playgrounds, park area and alleys, parking lots, etc. serving residents in the complex and owned by the managing company.
The present Rules govern the rights and obligations of Owners and the rules of internal order in “Tarsis Club” Complex, and are mandatory for all Owners, Guests, Tourists, Visitors and Users, irrespective of nationality, from the moment of adoption thereof.
The adoption of the present Rules by the Owners is carried out through concluding an individual Contract for maintenance and management.
The Rules aim to establish specific rules to the complex’s particular situation and set standards of behaviour that is expected in “Tarsis club”.
III. GENERAL PROVISIONS
1. Every Resident in “Tarsis club” must enter in the home logbook himself, members of his family/household and relatives (lineal) enjoying ownership rights and any other relevant information for the Managing company (including information on their own or supervised domestic animals located at “Tarsis club” Complex). Upon arrival in “Tarsis Club” Complex at the reception, the owner, his family members and relatives must affix their signature in the home logbook and the period of their stay.
2.1. Each owner has the right to grant the right to use his/her property or rent his own real estate but has no right to assign his/her rights to use the service parts of the complex, regulated in the Maintenance and management Contract.
2.2. Each owner of an apartment in ”Tarsis Club” Complex has the right to rent his own apartment to third persons, only in case of no outstanding fee for maintenance and management (or other obligations) to the Managing company.
3. With regard to the comfort and safety, and in compliance with the requirements of the Civil Registration Act, all Residents are required to register at the reception desk in the software product for management of “Tarsis club” Complex at their arrival and departure, establishing their identity with their passport, to enter their pets in the home logbook and to observe the following rules:
3.1. Any Owner, who has granted the right for using his property or has rented his own property, shall notify in writing the Managing company on e-mail firstname.lastname@example.org, seven days before the arrival of the user/users, about the identity of his guests/users, the initial arrival date, length of stay and declare that he has acquainted his guests/users with the “Rules of procedure”, requiring compliance thereof and that he takes responsibility for all possible injuries and damages that his property and/or common parts and service may suffer as a result of this residence by signing a DECLARATION OF DISCHARGE, as he organizes the costs and the categorizing to governmental institutions (where such categorization is necessary) by himself.
3.2. Any Owner, who has granted the right for using his property or has rented his own real estate, must inform his guests/users that for issuing a key card, they should deposit an amount (according to a price list at the reception), or supply them with such. The deposit for each issued card is returned upon termination of the stay and return of intact key cards .
3.3. All residents are subject to mandatory registration by the Managing company, as the presence of the Owner during the registration is not mandatory, only in case the latter has informed in writing about the upcoming visit.
3.4. Each Visitor must be accompanied by Owner, Guest, User or Tourist.
3.5. When the providing the right for using his property or renting his own apartment to Guests, Visitors, Users or third persons, each owner of an apartment in “Tarsis Club” Complex shall be obliged to inform them that upon their accommodation they are required, at the day of arrival, to pay in advance the use of lounge, swimming pool and the territory of “Tarsis Club” Complex according to a price list at the reception.
4. During arrival, all Residents must use the designated places of entry, as well as to comply with identification procedures as for this purpose they shall receive specific Pass on the Reception, which they are required to carry during their stay on the territory of the complex and show upon request.
5. With respect to safety, everybody is obliged to cooperate for control of access in “Tarsis club” Complex. Access to persons other than Residents to various independent sites in the complex shall be permitted and allowed only upon presentation of a written power of attorney, by which an owner of a private site has authorized access of the authorized person to his own property and has declared, that he assumes the responsibility for all possible injuries and damages his property and/or common and service parts may suffer as a result of this residence by signing a DECLARATION OF DISCHARGE; organizes the costs and the categorizing to governmental institutions (where such categorization is necessary) by himself. An exception to this rule is allowed for employees of the Managing company and third persons, with whom the Managing company has a contract in relation to the management of the complex.
6. To avoid unforeseen situations (floods, fires, etc.) that threaten the safety and property of Residents, all Owners who have changed the original locks are obliged to leave in the office of the Managing company a spare key of his apartment, and for this purpose a delivery and acceptance protocol will be drawn up and signed. In the event of impending danger or under reasonable assumptions about such, the Managing company is entitled at any time to enter a property to prevent insurance or other event, which would damage both the the property of the Owner and the common parts of the building, provided that the Owner is absent. The Managing company shall immediately notify the Owner and provide a report, drawn up by at least two of its employees, which states the specific reason for the entry and a description of the existing condition in the property.
7. The “Tarsis club” Complex is guarded by security guards and CCTV 24 hours a day.
8. To avoid emergencies, Residents must use the elevators in the buildings in accordance with their operating instructions, as well as all electrical appliances and facilities located in the apartments of the buildings, subject to the rules for their proper technical operation
9. Owners must comply with all measures for protection of the installations (plumbing, electrical, etc.), as in case of prolonged absence they must secure their own property (switch off all the fuses in the fuseboard, close the main water supply pipe, stow away tents and balcony furniture, not clog the siphons on the balconies, not leave food in refrigerators and cabinets, etc.).
10. Children should not be left unattended by their parents. Residents are obliged to not allow their children to commit acts that violate the established rules of procedure or result in inflicting damage on common and/or service parts.
11. In case of change in ownership, every Owner must notify in advance the Managing company of his intent to sell the property and provide information about the new owner. The Owner is obliged acquaint the buyer with the current rules of procedure of the “Tarsis club” Complex.
12. The management of the Managing company shall not be liable for any loss or theft of money and valuables that are not placed in a safe at the reception.
13. The Managing company shall not be liable for any forgotten, lost or left unattended belongings (clothes, towels, shoes, phones, sunglasses, toys, belts, etc.).
14. Forgotten or lost items may be sought by their owner at the special place in the “Tarsis Club” Complex designated as a place for lost items.
15. The management of the Managing company reserves the right to introduce timely rules to improve the management of the complex – rules that will improve comfort, safety and order in the complex.
IV. RULES AND OBLIGATIONS
16. General and service parts in “Tarsis Club” Complex are used by all Residents. Everyone is obliged to use his independent sites and service areas in the complex according to their designation; not allow the execution of any act which could expose the buildings to risk of fire or cause damages, and not create concern for other residents, beyond the accepted norms.
17. The use for commercial or business purposes of the common areas for carrying out production, commercial or other economic activity is prohibited. Commercial or other business activities may be carried out by Owners only in sites intended for such activity, after signing a written agreement with the Managing company thereof.
18. Personal property must be stored in the respective premises or areas designated for storage.
19. The storage of items, building materials, waste, flammable hazardous substances and other objects in the common areas (hallways, stairs and landings, etc.) and the complex, which must be kept clear and accessible, is prohibited;
20. The use of common and service areas of the complex for purposes other than those provided by the managing company, breeding of animals used for agricultural and other purposes, causing damage to the elements of the green system – durable, decorative, trees and bushes, flowers, lawns and facilities, as well as going through the lawns, is prohibited.
21. Cycling, mopeds, inline skates, scooters, skateboards and the like, which jeopardize the safety and health of others is not be allowed.
22. The use of benches for activities outside their normal intended use is prohibited.
23. The removal of park furniture (benches, swings, hammocks, etc.) from the places where they are positioned and their use for activities outside their normal intended use is prohibited.
24. The affixing in lawns and park alleys of inflatable equipment (mats, belts, swimming pools, toys, etc.), utensils and other personal belongings, including other objects used for recreation of the residents against the interior of the complex is prohibited.
25. Use of water spraying toys within the Complex is prohibited.
26. Owners are not allowed to paint or otherwise change the appearance of any part of the exterior of the buildings or to build and to carry out repairs outside their property. Similar conversions and renovations of the complex shall be organized and carried out solely by Managing company following agreement between the parties.
27. All doors and windows should match in colour, material and style of the other apartments in the buildings.
28. The affixing of any advertising boards and/or other forms of advertising on the facades of the building/s and attaching to the outer walls of any objects is prohibited, except air conditioners, tents and fences, after obtaining consent from the Managing company thereof.
29. The owners shall maintain the common parts of the building and their own property/ies through the Managing company as agreed in a technical condition, which comply with the main legal requirements for:
1. mechanical resistance and stability;
2. safety in case of fire;
3. hygiene, health and environment;
4. accessibility and safety in operation;
5. protection against noise;
6. saving energy and heat;
7. sustainable use of natural resources.
30. The owners shall take care of the safe operation of all facilities and installations in the building;
31. Owners are prohibited from carrying out activities in the common parts of the building, including the facade which violate the integrity and architectural design, load capacity, stability of the building structure, fire safety and the safe use of the building;
32. Residents are not allowed to attach satellite dishes, radio and television antennas to the exterior walls and balconies of any building in the complex, regardless of their size.
33. Throwing and firing bombs, firecrackers and other exploding and inflammable goods and objects (exception to this rule is allowed only during the celebration of holidays and events organized and controlled directly by the Managing company), and the use and carrying of firearms, gas signalling, pneumatic and other weapons and devices is prohibited within the territory of the complex.
34. Lighting fire, use of barbecues and use of flammable and toxic substances that threaten the fire safety rules in the complex is prohibited.
35. Installation/deployment of speakers, radios and televisions around the apartments and on balconies is not allowed.
36. Apartment owners are responsible for the use, appearance and structural integrity of the balconies. The balconies must be clean at all times, with not stretching of towels and bed linen on the railing; storage of belongings and drying of clothes placed on the railing of the balcony is prohibited.
37. The affixing of poorly fixed objects on balconies and windows, threatening the security and endangering the lives and health of residents is prohibited.
38. Tapping, waste and objects disposal, pouring water and other liquids, and direct discharge of smoke and gases out of the building through the windows, balconies and stairs is not allowed.
39. The deployment and use of outdoor barbecues and grills on balconies, general and service parts of the complex is prohibited.
40. The removal of material damages inflicted on the buildings, facilities or other common and service parts by fault of the Owner, his Guests, Visitors, Users or pets, shall be at the expense of the Owner. For damages in common and/or service parts must be reported immediately to the office of the Managing company.
41. Complaints regarding the management of common and/or service parts or the actions of some Owners, Guests, Tourists, Visitors, Users or their pets, shall be submitted in writing to the office of the Managing company.
42. Apartment owners, users, residents and visitors are required to maintain cleanliness and not contaminate lawns and driveways, and keep them from damages, and to smoke in the areas designated for this purpose, considering the children and non-smokers.
43. Storage and/or disposal of waste is forbidden elsewhere except in the places designated by the Managing company. Owners shall be liable for the actions of their Guests, Users and Visitors.
44. Disposal of objects, waste and hazardous liquid substances into the sewers is prohibited. In case of establishing the cause of the contamination, obstruction or damage to sewers, the costs of recovery shall be fully borne by the causer, otherwise restoration costs shall be distributed among all Owners of a building in proportion to their shares of common parts of the building.
45. Damage to and destruction of road, sidewalks and pavements and garden equipment; street lighting and equipment; advertising facilities and areas for boards, directories, fencing, equipment, and any other property located within the complex is prohibited.
46. To satisfy domestic needs, construction, installation or repairs in buildings may only be carried out from 09.00 a.m. to 2.00 p.m. and from 4.00 to 8.00 p.m. upon prior notification and consent of the Managing company.
47. Import, storage and distribution of any drugs in the complex is prohibited. In identifying the presence of such substances in any of the residents of the Complex, the MoI bodies shall be notified immediately.
48. The use of alcohol, loud entertainment and demonstration of disparaging behaviour in the park area of the complex is prohibited.
49. None should cause noise and disturb residents in the complex or allow actions that violate the rights, comfort and quiet of other residents. Quiet hours are between 2:00 p.m. to 4:00 p.m., 11:00 p.m. to 8:00 a.m., when holding of noisy entertainment in the apartments, on balconies, in general and service parts is prohibited.
50. Apartment owners, users, residents and visitors may not make noise and jump into pools which threaten health and safety and could lead to physical disabilities and injuries.
51. Bathing and use of swimming facilities of any type within the complex shall be carried out in strict compliance with safety instructions, pre-defined and announced on affordable places around sailing facilities by the Managing company.
52. Each owner, entered in the home logbook of the respective building block, has the right to use one lounge, until exhaustion of the free ones for the duration of his stay in the complex, which shall be certified to the internal order officer with a special card issued by the reception of the complex.
52.1. Apartment owners may not assign their rights under item 52 of these Rules to guests, users, visitors or third persons – visitors where the latter exercise the rights of owners during their stay.
52.2. All other visitors, guests, users, tourists, including apartment owners who need additional lounge may use lounge/extra lounge, until the exhaustion of the free ones by paying a fee according to a price list at the reception.
52.3. The Managing company has the right to reserve/book free lounges for an indefinite period of time, by refusing access to any Resident thereto.
53. Placing mattresses, belts, inflatable pools, utensils and other objects used for recreation of the residents against the interior of the complex is strictly prohibited in the area around water facilities.
54. Apartment owners, users, guests and visitors are prohibited from bringing alcoholic and soft drinks, food and items that are not purchased from restaurants at the complex and may threaten the safety and comfort of others, in the area of swimming pools, driveways, gardens and foyer of the “Tarsis Club” Complex.
55. Consumption of food and drinks in the pool is prohibited, regardless of where they were purchased.
56. Using the pool after 10.00 p.m. and before 8.00 a.m. is prohibited.
57. Children under the age of 14 must not use the pool without a parent or adult, monitoring them.
58. Apartment owners, users, guests and visitors must not pollute the pool water, to use flip-flops and towels after departure and before entering the water facilities, to meet the hygiene standards and use the showers before entering the pool of designated for this purpose place.
59. Removal of lounges, umbrellas and tables from the places where they are positioned is prohibited.
60. Any guest, user and visitor using the service parts (floating facilities, sunbathing area, playground and park area) must pay a daily fee for use thereof according to a price list at the reception.
61. Playgrounds in the complex are designed for children. In order to preserve the integrity of the equipment and facilities, their use by adults is prohibited. With view to comply with the rules and respect the right to peaceful and quiet vacation of residents, living in apartments adjacent to the site, the use of playgrounds during the designated quiet hours is not desirable.
62. All pets must be on a leash under the control and supervision of their owners when they are outside the apartments, to be equipped with the legally prescribed documents and registered in the home logbook. Walking of aggressive animals without a leash and muzzle is not allowed.
63. The animals must be vaccinated as upon request their owners must submit appropriate documents proving this fact.
64. The access of animals to the places for recreation, pools, catering and entertainment is not allowed.
65. Walking of pets in the designated lawns of the complex is prohibited. Domestic animals must be walked outside the complex.
66. Upon passage of pets through common and service parts, the owner must clean up after them, if necessary.
67. Pet owners shall be liable for damages caused by them on common areas and others’ ownership.
68. Residents may not park cars and other motor vehicles outside designated areas in the common or service parts of the complex without the written permission of the Managing company.
69. Each owner, entered in the home logbook of the corresponding building (excluding family members or relatives), during his stay in “Tarsis Club” Complex has the right to park one car for free at the parking places until exhausting thereof, as for each additional car, the owner needs written permission from the Managing company for parking thereof. The Managing company reserves the right to charge the stay of every car, where appropriate, according to price list at the reception. The unreasonably prolonged heating and forcing on the spot of vehicle engine and uncontrolled switching on alarm systems is prohibited.
70. Owners may assign their rights under item 69 of these Rules to other persons, only with the written permission of the Managing company.
71. With written permission of the Managing company, each Resident may use the free parking spaces, until exhausted, against payment of a sum according to a price list at the reception.
72. The Managing company may reserve/book free parking spaces for an indefinite period of time, temporarily enclosing them and refusing access to any Resident thereto.
73. Carrying out repair works on the car in the parking lot is prohibited. Minor repairs may be performed only in case of emergency, after which the site should be cleaned.
74. Parking and storage of caravans, motorhomes, trailers with boats and jets outside designated areas is forbidden except after receiving the consent of the Managing company thereof.
75. All illegally parked vehicles and those parked on lawns, will be forcibly removed.
V. LIABILITY, CONTROL AND SANCTIONS
76. In case of intentionally caused damages to the Managing company by Owner, Tourist, Guest, User or Visitor of “Tarsis Club” Complex, the guilty persons shall owe compensation amounting to the cost of the damaged by them property, sufficient to recover the damages and costs on delivery or repair of the property.
77. Parents shall be responsible for damages caused by their children who are not adults.
78. Each owner of an apartment in “Tarsis Club” Complex shall be jointly liable before the Managing company for the amounts due by Guests, Visitors, Users or third persons – visitors, pursuant to these Rules.
79. For the damages derived from any property are jointly liable the owner and the person under whose supervision they are located. If damages are caused by an animal, these persons shall be liable also where the animal has fled or lost.
80. In case of failure to comply with the conditions of Section III, named “GENERAL PROVISIONS” of these Rules, the Managing company shall refuse accommodation of the guest, user or visitor sent by the owner of an apartment.
81. The Managing company is the supervisory body for the implementation of these Rules, which carries out this activity and manages its employees, observing the provisions of these Rules.
82. With regard to prevention of access of outsiders to playgrounds, water facilities and park areas, everyone is obliged to assist in the enforcement of these Rules. In case of violations, the internal order officer, who monitors the observance of the Rules, shall be immediately notified or to notify the office of the Managing company to take the necessary measures.
83. In case of culpable failure to comply with the present Rules of procedure, the offender owes to the Managing company a fine.
84.1. Resident who cuts down, uproots, destroys or damages long-term vegetation, green area, park area, water facility or damages alley or any equipment /items and gadgets etc./ which are owned by the Managing company, is obliged to pay a fine of EUR 500 to 1,000;
85.2. Subject to a fine of EUR 100 to 500 shall be:
1. Resident who unleashes dogs or other pets in the green areas and alleys, colourful figures, fountains, playgrounds and water facilities.
2. Resident who causes noise and disturbance, who pollutes the green areas with waste of all kinds;
3. Resident who sells in the green areas all kinds of goods, provides services or organises parties without permission;
4. Resident who organizes and holds rallies, meetings, cultural, sports or other public events in the open grassed areas without authorization;
5. Resident who breaks or damages equipment for games, playground equipment, lighting poles, park elements, plumbing equipment and other types of equipment in the green areas;
6. Resident who puts on trees and green areas promotional items of information or other facilities.
7. Resident who leaves unattended child under the age of 14 in the pool.
86.3. Guilty Residents owe a fine of EUR 50 to EUR 500 for parking outside designated areas in greenspaces.
87.4. For other violations of these Rules, guilty Residents owe a fine of EUR 50 to EUR 500.
88.5. For bathing in water facilities of “Tarsis Club” Complex and use of vessels and equipment items, except those authorized for this purpose, shall pay a fine of EUR 50 to EUR 100.
89.6. For other possible minor breaches of the Rules, a fine of EUR 10 shall be paid.
90. For gross or systemic (i.e. consistently three or more times within one week) violation of these Rules, the fine is double the amount of the fine in the preceding paragraph.
91. Each owner of an apartment in the complex is liable for the payment of fines and compensations, jointly with his Guests, Users, Visitors or third persons (visitors of owners and users and guests) who have violated these Rules and sanctioned according to it.
92. In case of irregularities and infringements, guests must immediately inform the internal order officer, who monitors the observance of the rules and who must provide them immediately with the necessary assistance.
93. Violations of the Rules of procedure by an owner, guest, visitor, user or third person accommodated in an apartment of an owner, shall be established by certified report drawn up in two copies, one for the Managing company and one for the offender, by an internal order officer in “Tarsis Club” Complex in the presence of two witnesses. When a third party refuses payment, the fine shall refer as an obligation of the owner of the apartment. The statement of facts shall contain information about the person, who committed the violation, description, time and date of the violation, deadline for payment of the fine.
94. After the Statement of facts, offenders are required to pay their fines and/or leave the site if they are removed therefrom in due course.
95. The penal provisions, penalties and fines are coordinated and approved by the leadership of the Managing company and shall be paid by offenders to the benefit of the company at the reception in the complex. Penalties shall be levied and collected by the Managing company. In case of non-payment of a specific fine within the deadline, interest of 0.05% per day of delay shall be due and use of support services and facilities offered by the Managing company shall be limited.
These Rules may be amended and supplemented upon initiative of the Managing company, and amendments shall automatically apply to the relations between the Managing company and owners. The Managing company will publish the amendments to the Rules on the Internet at: www.TARSIS-BG.COM.
The Managing company makes these Rules public to Owners, providing it to Owners when signing a Contract for maintenance and management as these Rules are an integral part thereof.
The present Rules, as well as any future amendments thereto, shall apply to existing Owners at the date of entry into effect.
The present Rules shall enter into force on the date of the Order, with which it was adopted, respectively amended/supplemented.
HEREBY I AFFIRM: