Rules & Guidelines
It is the responsibility of residents/guests to ensure all others living with them, and their guest, understand and abide by these Rules & Guidelines.
SPECIAL NOTE:
Every action or condition cannot be listed within these Rules & Guidelines and are therefore expected to be implied as “should be understood, using common sense” by a person that has the apparent mental faculties to enter into a Rental Agreement. HOWEVER, if you are unsure about an “action” or “condition”, check with the office BEFORE doing something that could lead to a regrettable situation.
DEFINITIONS
KM Koestler, LLC – A real estate services company that owns and/or manages residential and commercial rental property.
Koestler Parks – The “doing business as” (dba) name of KM Koestler, LLC.
Oak Cove - A Koestler park located at 175 Dickman Rd., Bay Minette, AL 36507
Sunrise Pointe - A Koestler park located at 15931 Pine Grove Rd., Ext., W., Bay Minette, AL 36507
Resident / Guest – (May also be referred to as “Tenant”.) The person named on the agreement(s) that is legally responsible for paying the rent and being held responsible for the care and upkeep of rented property.
All others – (Also referred to as “others” or “other occupants”.) The people listed on the Rental Application or rental lease, which are allowed to live with the resident / guest.
Guest(s) – Person or People that are visiting a resident / guest or others living in a Koestler Park, and are not listed on the rental application or rental agreement.
Regular Basis – Considered as a normal or ongoing condition, as understood and/or interpreted by KM Koestler, LLC management or employees.
Rental Application – Blank document, issued by KM Koestler, LLC for people to complete so their request to live on a property owned or operated by KM Koestler, LLC will be considered.
Rental Agreement – (Also known as “Lease” or “Lease Agreement”.) A legally binding document that defines property being rented from KM Koestler, LLC by an individual or business, to be used for a purpose defined in the “Rental Agreement”.
NOTE: Other definitions are found throughout these Rules & Guidelines, where it has been determined that defining a word or term is necessary.
PAYING FEES UPFRONT BEFORE RESIDENCY/STAY BEGINS - LATE FEES FOR LATE PAYMENTS:
No RV Site occupant shall be allowed to establish residence or "hook-up" their RV in/on property until all fees and utilities are correctly paid in the name of the person renting the property have been agreed too and/or established with the consent of Koestler Parks. And a copy of all utility service being established must be provided to the office before residence may begin.
DUE DATE
Oak Cove - Security Deposit, if billed, and rent are due upon arrival, any subsequent payments are DUE ON RECEIPT
Sunrise Pointe - Security Deposit and initial current rent amount due, are due at time of signing Rental Agreement. Subsequent rent is due on the "DUE DATE", which is the first day of each month, unless otherwise specified in the rental agreement, and is termed the "DUE DATE".
GRACE PERIOD
A “Grace Period” allows an resident extra days after the "Due Date" to pay without being charged a “Late Fee”.
Oak Cove's RV rent is paid without a "Grace Period". Therefore, all rent payments should be made on or before the "Due Date". Sunrise Pointe's Grace Period is 5 calendar days.
A State, Federal, Religious Holiday and/or weekend does not extend the "Due Date" or "Grace Period" (All payments are made online, we do not accept payments in the office, so the office being "OPEN" or CLOSED" has no effect on a renters ability to pay their rent.)
The “Late Fee” is $50.00.
If payment is made after the "Due Date" for RV guest or after the "Grace Period" of other renters, then the rent payment will be considered "LATE".
(A “LATE FEE” WILL AUTOMATICALLY BE CHARGED ON THE DATE THE RENT BECOMES "LATE"
WE DO NOT ACCEPT PARTIAL PAYMENTS. ANY PAYMENT MADE ONCE THE RENT BECOMES "LATE" THAT DOES NOT ALSO INCLUDE THE "LATE FEE" WILL BE CONSIDERED A “PARTIAL PAYMENT” AND WILL BE RETURNED TO THE RESIDENT, AS IF NO PAYMENT HAS BEEN MADE, AND THE LEGAL PROCESS OF AN EVICTION WILL START BY MEANS OF ISSUING THE RESIDENT A “NOTICE TO PAY OR QUIT “.
QUIET HOURS
No loud, bothersome level of noise is ever allowed. Plain and simple, any level of noise, at any time, that others consider interfering with their right to a “quiet and peaceful environment” is not acceptable.
VEHICLES
Vehicles, other than any type RV, is limited to two per site.
PARKING
We regulate the time, manner, and place of parking cars, trucks, motorcycles, boats, trailers, and recreational vehicles by anyone. We may have unauthorized or improperly parked vehicles towed.
Vehicle responsibility is as follows:
The speed limit in the park is 10 mph.
Two vehicles allowed per site.
Loud exhaust pipes, playing loud music or amplified base sound or the revving of engines, is not permitted.
Vehicle maintenance, such as, but not limited to, rotating tires, brake jobs, changing oil or tuning up engine are prohibited.
Residents are not permitted to store or dispose of vehicle tires on Koestler Parks property. A resident / guest that has tires in the yard will be required to remove the tires from the property (not hide them behind or under the home).
OPERATION AND MANAGEMENT OF VEHICLES
Has a flat tire or other condition rendering it inoperable - repair immediately; or
Is on jacks, blocks, or has wheel(s) missing - condition not allowed to be initiated; or
Has no current license - corrected at earliest possible date; or
Takes up more than one parking space - not permitted; or
Belongs to a resident or occupant who has surrendered or abandoned the park - will be towed away by local towing company and any fees associated with towing and storage will be the responsibility of the resident / guest ; or
Is parked in a handicap space without the legally required handicap insignia - local law enforcement will be called immediately; or
Is parked in a space marked for manager, staff, or guest at the office - must be moved immediately or may be towed; or
Blocks another vehicle from exiting - must be moved immediately or may be towed; or
Is parked in a fire lane or designated “no parking” area - must be moved immediately or may be towed; or
Is parked in a space marked for another resident(s) or unit(s) - must be moved immediately or may be towed; or
Is parked on the grass, sidewalk, or patio - must be moved immediately or may be towed; or
Blocks routine household trash trucks from access to a dumpster or garbage "cart" - must be moved immediately or may be towed.
CAMP FIRES / FIRE RINGS
Not permitted
TENTING & OTHER YARD FURNITURE OR OUTDOOR EQUIPMENT
Tents are not permitted. Lawn furniture must be “Lawn Furniture”. (It cannot be household furniture that you simply decide to put outside.) For example: a couch or mattress is not considered “Lawn Furniture” because it is intended to be used inside, not outside. Outdoor equipment, such as swing sets and swimming pools must be kept in proper working order, clean and maintained.
Any yard furniture or other outdoor equipment that Koestler Parks management deems as being neglected, or unsightly, must be removed within 7 days of notification. Failure to comply will result in eviction.
Trampolines, swimming pools, and hot tubs are prohibited
CLOTHESLINES
Not permitted.
SATELLITE DISH OR ANTENNA
You may NOT install a post in the ground to mount a satellite dish. The size of a satellite dish sitting in a surface mount configuration may not exceed three feet in diameter.
KEEPING UP APPEARANCES
Keep your site clean. The storage of car parts, an abundance of toys, and other items not used on a regular basis is not permitted. The wearing of clothing considered offensive by any race, religion, sex, or national origin is not permitted. “Sagging” is prohibited.
HOLIDAY DECORATIONS AND OTHER SIGNAGE
Holiday decorations are encouraged. However, all holiday decorations should be removed within a week after such an event. However, any signs and decorations that may be considered offensive to the public must not be displayed. (Singular individuals complaining about a rare or personal preference to an accepted and customary decoration as offensive will NOT be addressed as a legitimate complaint.)
Advertisements and “Posted” /” No Trespassing” signs are not allowed. (Such signs are considered unsightly and ineffective and do not apply to the park property. Such a sign would only refer to those people with the intent to enter a home which they have no right to enter. And, for such a person planning to take these steps, a sign is not going to stop them, nor does it carry more weight in reference to criminal breaking and entering.)
HOUSEHOLD TRASH DEFINED
All items that are discarded as non-usable/non-consumable in the home, on a regular, daily basis. Such as, food and beverage wrappers and containers, food scraps, packaging from bought items, dust, lent, emptied containers, paper, and plastic bags, etc. that will fit into a trash can.
(If meat or fish remains are part of your routine household trash, please wrap them in plastic.)
IF TRASH OR DISCARDED BELONGINGS WILL NOT EASILY FIT INTO A TRASH CART SUCH THAT THE CART'S LID CAN BE EASILY CLOSED, THEN THE RESIDENT IS RESPONSIBLE TO HAUL IT TO THE DUMP.
PETS
The word “Pet”, as used in this document, is to include all living creatures that are not classified as human beings and are being cared for in any way by a resident, or other occupants living with the resident.
Having a pet on KM Koestler LLC property is a paid for privilege. The fee for having a pet is a monthly ongoing fee of $25.00 (Per pet – limit two pets. Applies to all residents.) Failure to pay the monthly ongoing fee with and added to a resident’s monthly rent “Payment Terms” of KM Koestler LLC will result in the resident being charged a “Late Fee” ($50.00) and issued a “Notice to pay or quit”, requiring payment in full within 7 business days or the resident’s lease will terminate and the resident and all others living with the resident will be evicted.
All pets are to be registered at Koestler Park's office. To register the pet, a resident will need to provide to our office:
The pet’s name
Document from a known veterinarian, with an existing veterinary practice in operation, stating the species, breed, sex of the pet, adult weight and documented vaccinations the pet has, had.
Limits of a pet are as follows:
The weight of a dog that has an adult average weight over 20 pounds is not permitted. For example, the average adult weight of a Labrador Retriever is over twenty pounds, therefore that breed of dog is not permitted, even as a puppy.
No pet is permitted to roam outside without a leash.
No runners and/or chains or other type to line to restrain a pet may be placed on a pet and left outside the mobile home
No cages may be used to place a pet in, outside the mobile home.
If renting your living accommodations, all pets must be “house-broken”
All pet feces are to be removed from the ground and placed inside a plastic bag, tied closed, and properly placed in the trash.
A dog that constantly barks and bothers park residents will be required to be permanently removed from KM Koestler LLC property.
Any pet that attacks, even once and without regard to the circumstances, anybody or another pet will be required to be permanently removed from KM Koestler LLC property.
Any pet that damages KM Koestler LLC property will be required to be removed from KM Koestler LLC property permanently (including dogs that dig holes in the ground).
Any resident that uses a pet to threaten anybody with bodily harm by the pet will be evicted. This is a incurable offense, meaning no special extended time notice will be required and no second chances.
Failure to comply with any of these pet rules will result in a $100.00 fine. Failure to pay the fee with the next scheduled “Rent Payment” will be considered a "partial payment" and will be returned, such that we do not accept partial payments. If payment in full is not made before the end of the prescribed "Grace Period", then the resident will be charged a “Late Fee” ($50.00) and issued a “Notice to pay or quit”, requiring payment in full within 7 days or the resident’s lease will terminate and the resident and all others living with the resident will be evicted.)
LIMITATIONS ON CONDUCT
The resident is responsible for the actions and behavior of themselves and all others, including guest, who are on Koestler Parks property. The responsibility exists regardless of the resident being present when the resident’s other occupants or guests take actions.
KOESTLER PARKS MAY REGULATE:
The leased property and other areas reserved for the Resident’s private use must be kept clean.
Trash must be disposed of in receptacles in accordance with local ordinances, or as determined reasonable by Koestler Parks.
Glass containers are prohibited in all communal areas.
Resident, Resident ‘s occupants, or guest may not anywhere in or on Koestler Parks property; use candles, use kerosene lamps or kerosene heaters.
Conducting any kind of business (including childcare services) in/on Resident’s rented property is prohibited, except, any lawful business conducted “at home” by computer, mail, or telephone is permissible if customers, clients, patients, or other business associates do not come to Resident’s rented property for business purposes.
The use of patios, balconies, and porches.
The conduct of furniture movers and delivery persons.
Recreational activities in communal areas.
The conduct and scheduling of mobile home moving companies.
PROHIBITED CONDUCT
Resident and Resident’s occupants or guest may not engage in the following activities:
Disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees)
Disrupting Koestler Parks business operations
Manufacturing, or otherwise possessing a controlled substance or drug paraphernalia
Engaging in or threatening violence
Possessing a weapon prohibited by state or federal law
Discharging a firearm in or on Koestler Parks property
Displaying or possessing a gun, knife, or other weapon in a communal area in a way that may alarm others
Storing anything in closets having gas appliances
Tampering with utilities or telecommunications
Bringing hazardous materials into/onto a Koestler Parks community
Injuring Koestler Parks reputation by making bad faith allegations against Koestler Parks to others.
The consumption of alcoholic beverages by any person under the age of twenty-one is prohibited.
Do not walk around the park with alcoholic beverages.
Disorderly, drunken behavior will not be tolerated and will be reported to local law enforcement.
Behaving in a loud or obnoxious manner
RESIDENT / GUEST RESPONSIBILITY TO NOTIFY
Resident agrees to notify landlord if Resident or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. Resident also agrees to notify landlord if Resident or any occupant registers as a sex offender in any state. Informing landlord of criminal convictions or sex offender registry does not waive landlord’s right to evict Resident. Failure to make said notifications may result in the Tenant, and all others living on the property, being evicted.
WHO MAY LIVE WITH THE RESIDENT / GUEST
Only those people listed on the “Rental Application”, or rental agreement.
SUB-LETTING / OPERATING A BUSINESS IN A KOESTLER PARK
Resident/tenant and/or other occupants may not sublet any property of Koestler Parks, and/or rent a mobile home owned by the tenant to another person, persons, or business, which is situated on Koestler Parks property. No tenant may operate any business on Koestler Parks property unless approved in writing by Koestler Parks management.
GUEST
All guests should be registered. Also, the actions of any guest are the responsibility of the resident.
RESIDENT LIABILITY
Resident is liable to Koestler Parks for damage caused by the Resident, or any of the Resident’s guests or occupants and the actions taken by any service people that have entered a park on behalf of the resident, including the actions of mobile home movers.
LIMIT ACCESS
Koestler Parks may exclude or end access to Koestler Parks, guests or others who have been violating the law, violating the Lease Contract or any park rules, or disturbing other residents, neighbors, visitors, or owner representatives. Koestler Parks, or an employee of the same may also exclude or end access from any outside area or public area a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident of the park.
RESIDENT / GUEST SAFETY AND PROPERTY LOSS
The Resident and all occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke detectors, keyed deadbolt locks, keyless bolting devices, window latches, and other safety or security devices. You agree to follow all guidelines concerning safety, as are suggested within the Lease Contract.
MAINTENANCE RESPONSIBILITY
Koestler Parks maintains all property border fencing, roads, mailboxes, park lighting, as well as the lawns and tress that are in common areas. The resident is responsible for maintaining all utilities, past the point of responsibility offered by the various utility companies. Furthermore, the resident is responsible for the following:
Water supply lines, past the water company’s water meter.
Clogged sewer lines from the home to the sewer.
Septic lines are to be cleaned and tank cleaned, as needed, at the cost to the resident. (Septic company selected by landlord)
Electrical power lines, coming out of the electrical utility company’s meter or RV Power outlet plug.
Lawns, bushes, tree limbs in the proximity of the mobile home or RV.
Trash should be kept off the ground and only a proper trash receptacle, issued by the city sanitation department, as distributed by the waste disposal company, should be used to dispose of trash.
REQUEST, REPAIRS AND MALFUNCTIONS
All maintenance requests must be called into the rental office. Our complying with or responding to any oral request does not waive the requirement to call the rental office to make a maintenance request. Any equipment failure, electrical malfunction, water leaks, and other malfunctions should be reported to the office immediately. We will act with customary diligence to make repairs and corrections. Rent will not abate in whole or in part.
LOCKS
Resident may not change any entrance lock or establish any additional lock which would impede an employee of Koestler Parks the ability to enter a rented/leased property.
KEYS
If Resident is RENTING a mobile home, apartment, house, office or other building that requires a key to unlock and open a main entrance door, then, two entrance lock keys will be issued to Resident after Resident has paid all proper fees and after receipts from the proper utility companies are provided to Koestler Parks from the Resident, demonstrating that utilities have been established in the name of the Resident.
REIMBURSEMENT
Resident must promptly reimburse landlord for loss, damage, government fines, or cost of repairs or service in the Mobile Home Park due to a violation of the Lease Contract or rules, improper use, or negligence by Resident or Resident’s guest or occupants. As well as the cost of any taxes or permits associated with the cost of a home which has entered a “Rent Credit Agreement”, or any type of rental agreement that will result in the resident owning the home, or eventually having the option to own the home.
PEST CONTROL AND EXTERMINATION OF PEST
All dwelling units are free of insect infestations at the time the Resident takes possession of the rented/leased property. If during the Lease Contract, Koestler Parks’ employee(s) determine that a leased dwelling unit has any type of infestation, then we may pay a professional pest control company to rid the dwelling of the pest. The cost of treating the dwelling will be charged to the Resident. The Resident may also enter into a pest control contract of their own with any “professional” pest control company of their choosing.
DISCLOSURE RIGHTS
If someone requests information on the Resident, or the Resident’s rental history for law-enforcement, governmental, or business purposes, we may provide it.
CRIME OR EMERGENCY
Dial 911 or immediately call local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity or other emergency involving imminent harm. You should then contact a representative of Koestler Parks. The Resident, Resident’s occupants and guest are not to treat any of Koestler Parks’ security measures as an express or implied warranty of security, or as a guarantee against crime or of reduced risk of crime. We are not obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security unless required by statute. We are not responsible for obtaining criminal-history checks on any residents, occupants, guests, or contractors in any of the park communities. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate law-enforcement agency. You must furnish us with the law-enforcement incident report number upon request.
RIGHT OF ENTRY
Regardless of the absence of the Resident or any guest or occupant – repairers, contractors, our representatives, or other persons may peacefully enter the rented property at reasonable times for the purpose maintenance and/or other repairs as deemed necessary by a representative of Koestler Parks. We will not enter a tenant owned or RV Guest RV at anytime, without the owner present.
“RENT CREDIT AGREEMENT” EXPECTATIONS
All residents that have entered into a Rent Credit Agreement are expected to maintain the cleanliness and functionality of the home they occupy. Failure to maintain the home in a reasonable condition will result in the termination of the agreements and the resident will be asked to move out promptly or be evicted.