the Association at least three (3) days before presenting a Lease Form to a potential lessee, and
shall supply the Association with a copy of the exact lease form.
BACKGROUND CHECK: Prior to leasing to anyone or allowing anyone except the Owner or his family to
occupy the Owner’s dwelling, an Owner must exercise due diligence not to lease or allow occupancy
to a person who has a conviction or deferred adjudication history of any crime that may pose a serious
potential risk of injury to other residents. This includes (but is not limited to) such crimes as rape,
molestation, sexual assault, indecent exposure, indecency with a child, kidnapping, or arson. It is the
Owner’s responsibility to determine the best way to exercise that due diligence. As a part of Owners’
due diligence, Owners must obtain a report based on Texas Department of Public Safety criminal
records, as well as taking any other actions needed to prudently screen your prospective tenants
and occupants for criminal history. (Criminal reports may be purchased from the DPS website
Owners must provide proof of such screening upon request of the Board of Directors. Owners failing
to perform pre-screening of all tenants and occupants will be subject to automatic fines. If an Owner,
at the time of adoption of this rule, is currently leasing to a tenant or occupants with a criminal history
as described above, the Owner must terminate the tenant or occupant’s occupancy at the earliest time
allowed under the lease. Upon request, the Owner must provide the Association a copy of any lease in
existence at the time of adoption of this rule.
EVICTION: The Association shall have a right, but not the obligation, to evict any tenant or any family
member or guest of the owner if such person is found by the Board to have a history of a crime
described in paragraph 1 above, according to official public records. Additionally, the Association shall
have a right, but not the obligation, to evict any tenant or any family member or guest of the owner
if such person is found by the Board to have substantially and repeatedly violated Association rules
regarding noise, nuisances, noxious odors, or other rules relating to safe enjoyment of the Property by
other owners and their family, tenants, and guests. In this regard, the Association shall be deemed an
“aggrieved party” for eviction suit purposes and the Association shall be entitled to possession (i.e.,
dispossession of the particular offending person) of the dwelling subject to the condition that if the
Association does recover possession in an eviction suit, the Association shall upon execution of a writ
of possession immediately relinquish possession of the dwelling to the dwelling’s Owner and shall
not enter the dwelling. The Owner will be responsible for all costs associated with such eviction. Each
Owner, by acceptance of a deed to a lot, hereby irrevocably appoints the Association as his attorney-in-
fact to terminate the right of occupancy under the lease and evict any tenant or other occupant in the
event of an uncured violation. Said attorney-in-fact shall have the right, but not the obligation, to bring
such eviction proceeding.
Tenants or Non-owner occupants shall comply with all of the conditions of the Condominium
Documents, Bylaws and Rules and Regulations as well as other rules and practices of the Association. All
leases and rental agreements shall so state.
Should the Association determine the tenant or Non-owner occupant has failed to comply with the
conditions of the Condominium Documents, the Association may take the following action, or any other
action authorized by law or under the governing documents of the association:
- The Association may notify the Owner by certified mail advising of the alleged violation
of the tenant.
- The Owner shall have fifteen (15) days after receipt of such notice to investigate and
correct the alleged breach by the tenant or advise the Association that a violation has
- If after fifteen (15) days, the Association believes that the alleged breach still exists or
may be repeated, it may institute on its behalf or derivatively by the Owners on behalf
of the Association an action of eviction against the tenant or Non-owner and tenant
or Non-owner occupant for breach of conditions of the Condominium Documents,
as further outlined in these rules. The Association may hold both the tenant and the Owner liable
for any damages caused by the Owner or tenant in connection with the Unit. The Owner shall be responsible
for reimbursing the Association for all costs incurred in obtaining judicial enforcement of its rights,
including actual attorney’s fees.
When an Owner is in arrears to the Association for assessments, the Association may give written notice
of the arrearage to a tenant occupying an Owner’s Unit under a lease or rental agreement. The tenant,
after receiving the notice shall deduct from rental payments due the Owner the arrearage and future
assessments as they fall due and pay them to the Association. The deductions shall not be a breach of
the rental agreement or lease by the tenant. If the tenant, after being notified, fails or refuses to remit
rent, otherwise due the Owner, to the Association, then the Association may deny tenant use of the
common areas or take other enforcement action as determined by the board.
Residents, who check out emergency keys or allow visitors to utilize their key, must sign the key log to
ensure the key is returned to the key box. Failure to return a key will be the Owner’s responsibility to
pay for the replacement key.
No addition, alteration, decoration or painting of any kind shall be made to any portion of the Common
Elements without the prior written approval of the Association. See also 24 Remodeling and Repair-
Signage and Advertising
No sign shall be inscribed, painted, affixed or placed on or in any part of a Residential Unit which can
be seen from the outside of such Residential Unit. No signs of any type shall be posted on the Nokonah
property or on property adjacent to the Nokonah property. All signs, banners or flags on any part of a
Commercial Unit shall require the prior written approval of the Association. Such approval must always
have a time limit of no more than twelve (12) months. Any approval having a term of more than twelve
(12) months is invalid. Continued placement of materials after expiration of the term requires that
owner/tenant obtain a new agreement.
Windows and Doors
No awnings, shades or shutters shall be erected over and/or outside of any windows, patios and or
balconies. Nor shall any exterior doors be removed, replaced or hung in any way without the prior
written consent of the Association. All window treatments visible from the exterior of the Condominium
shall be white in color. Nothing shall be placed on the outside of windowsills or projections or upon any
balcony railings without the prior written consent of the Association. Nothing shall be thrown or swept
from any windows or doors. Nor shall any mops, brooms, dusters, rugs or bedding be shaken or beaten
from any windows or doors nor from any portion of the Limited Common Elements. No screen or storm
doors or windows shall be installed within any existing door or window openings, which form part of the
Common Elements. Nor shall any balcony enclosures or trellis like structures be installed, erected or
created without the prior written consent of the Association.
Halls and Corridors
No mats, carpets, area rugs or other materials shall be placed or installed outside of any Unit within
the hallways or corridors that are a part of the Common Elements. No shoes, boots, umbrellas or
other apparel (nor any other materials or objects) shall be placed or stored (whether temporarily or
otherwise) within said hallways or corridors.
No Owner shall paint, remodel or enclose any balcony or store or permanently place any objects or
materials of any description (except appropriate furniture) on such balcony. Furniture containing
breakable elements and/or lightweight or collapsible furniture shall not remain on balconies overnight,
nor may any unattached glass of any kind remain on a balcony overnight. Nothing may be attached
to any balcony railings or mounted or wrapped upon balcony railings. Balconies facing on the pool
area or the inner courts may not have potted plants that shed or create debit of any type. Owners
will be held fiscally responsible for any debris or overspray damage to the Common Elements or other
Owner Unit. Air-drying shall not be allowed on (or within) any portion of the Common Elements and no
pulley clothesline or other similarly apparatus shall be affixed to or used in connection with any Unit or
Common Element. Any water or other plants that may cause leakage to units below must have water
No one shall place, leave, or permit to be placed or left in or upon the Common Elements any waste,
debris, refuse or garbage except in those areas designated as Refuse Disposal Area.
Plumbing and Electrical
Owners shall not overload existing electrical circuits and plumbing facilities in their Units. No Owner
shall install, attach, hang or allow to be hung any equipment or wiring or electrical installations,
television or radio transmitting or receiving antennas, air conditioning units or any other equipment,
item or wiring on, in or across any portion of any Common Elements or protruding from any balcony,
balcony railing or through any wall, floor, ceiling, window or door that is a Common Element. (See also
13 Antennae) All radios, televisions, electrical equipment or appliances or any kind or nature and the
wiring thereof installed or used in a Unit shall fully comply with all rules, regulations and requirements
of all state and local public authorities having jurisdiction. Any damage to plumbing, pipes, drains and
apparatus or to electrical circuits, circuit breakers, or monitoring equipment resulting from negligence,
misuse or from unusual or unreasonable use shall be borne by the Owner responsible for the damage.
See also 24 Remodeling and Repair Policy.
Noise; Nuisance; Offensive Activities
No one shall create or permit the creation or continuation of any noise or nuisance, which in the
reasonable opinion of the Association may or does disturb the comfort or quiet enjoyment of the Units
or Common Elements by other Owners. Any construction, servicing, maintenance and/or repair work
creating (or likely to) any noise, nuisance or disturbance shall only be permitted between the weekday
hours of 8:00 AM and 6:00 PM Austin, Texas time. No noxious or offensive activities of any sort shall be
permitted nor shall anything be done in any Unit or in or about any Common element that shall be or
may become an annoyance or nuisance to the other Owners. Nor shall any loud or disturbing noise be
emitted from any Unit in such a manner as to be an annoyance to or objectionable to another Owner.
Auctions; Garage Sales
No auction or garage sale shall be held in the Residential Units or on any portion of the Common
Except as otherwise provided or contemplated in the Declaration, the sidewalks, passageways,
walkways and driveways used in common by the Owners shall not be obstructed or used for any
purpose other than for ingress and egress to and from the Units and/or the Common Elements.
No television antennae, satellite dish, aerial tower or similar structure (nor any appurtenances thereto)
shall be erected on or fastened to the outside of any Unit or on any portion of the Common Elements.
Satellite dish installation at the approved locations atop the east and west towers require approval of
the Association in writing.
No window air conditioning unit or window fan (or appurtenances thereto) shall be installed within any
Unit or Common Element.
Cooking Equipment and Facilities
Unit Owners shall not be permitted to install, place, store or use any type of barbecue or cooking equipment or barbecue or cooking facility within any portion of the Common Elements. Owners may use the grill in the poolside area with the approval of the Building Manager.
No one shall harm, mutilate, alter, litter, uproot or remove any of the landscaping on or within the
Common Elements (including without limitation the grass, plants, hedges, shrubs, flowers or trees) nor
place or affix any planters, statues, fountains, ornamental objects or artificial plants upon any portion of
the Common Elements.
No animal, reptile or fowl other than cats, dogs, fish, turtles or caged birds shall be permitted. An
Owner may not keep more than two (2) dogs at any time. No dog that is reasonably deemed by the
Association to be a nuisance shall be kept by an Owner in any Unit. Each Owner must ensure that
the Owner’s pet does not soil any portion of the Common Elements and shall be liable for
any damage to the common areas or other units caused by the Owner’s pet, and any damage
inflicted on another person by the pet. Owners shall be obliged to clean any pet spoilage that
occurs in the building immediately thereafter. All pets must be on a leash or otherwise properly
restrained when within the Common Elements and must be accompanied by the Owner or Owner’s
agent. Pets are prohibited from the East Lobby, Club Room, Fitness Center and the pool and deck area.
Elevator ingress and egress in the East Tower shall be through the G1 Level.
Roller skating, skate boarding, bicycling and other similar activities are strictly prohibited upon or within
the Common Elements or upon or within any parking or drive area.
No Owner shall permit or suffer the infestation of the Owner’s Unit (or any Limited Common Element
appurtenant to Owner’s Unit) by pests, insects, rodents or other vermin. Failure to comply with the
foregoing or the failure to report such infestation to the Association as soon as the Owner is aware will
render such Owner liable for all costs and expenses incurred in having to eradicate such infestation.
The Association (through the Building Manager) will assign the elevator to be used for moving large
parcels or articles of furniture, construction or remodeling jobs, or for scheduled move-in or move-out.
The cost for the elevator is $125.00 and a security deposit ($250) is required for move in and move outs.
The deposit will be held by the Building Manager.
Moving, Delivery, Repair or Remodeling and Advanced Scheduling Required
All moving (in and out), deliveries, and repair/remodeling projects require at least 24-hour notice and
advanced scheduling to prepare an elevator and to assure an elevator is available (not already booked).
Only the elevator(s) designated by the managing agent of the association may be utilized for moving,
delivery, or repair/remodeling. An elevator deposit must be paid in advance (see rule Elevators).
All moving, delivery, and repair/remodeling must be undertaken only between the hours of 8:00 AM and
Residents (or an approved representative) shall be present at the beginning of any moving, delivery, or
Movers, delivery persons, or contractors or other owner agents or invitees are not allowed to block
driveways, hallways or elevators.
The Association recommends the moving company provide the resident with proof of general liability
coverage of one million dollars ($1,000,000) and property damage coverage of one million dollars
On completion of each move, delivery, and/or repair/remodeling project, a Building Representative will
inspect the common areas and elevators. Owners will be responsible for all damages related to moving,
delivery, repair, remodel, or any other related damages whether to common elements, other units, or
No hazardous, combustible or offensive goods, products or materials shall be stored in any Storage Unit
or Residential Unit or any portion of the Common Elements or parking areas.
Gate passes will be issued to Residential Owners as required.
Owners gate passes will be issued through the Building Management and each holder of a pass must be
registered. Passes may not to be loaned or transferred.
VISITOR parking spaces are for Guests and may not be used by regular occupants of a unit. Owner’s
vehicles and bicycles of all types are to be registered with the Nokonah building manager. No Owner
or occupant shall park, store, operate or keep within or adjoining the Common Elements any vehicle,
motorcycle, motorbike, motor scooter, or other similar vehicle unless same is solely within the Owners
parking space(s) and such vehicle(s) physically will be fully within the size of the parking space. No
boxes, personal items, or anything other than operable vehicles parked in compliance with these rules
may be placed or stored in any parking spaces. Commercial vehicles, trucks (except pickups), camper
units, motor homes, trailers, boats, personal watercraft, and motorized carts may not be parked on
the Common Elements or in the garage. Vehicles exceeding seven (7) feet in height and/or twenty (20)
feet in length are not permitted on or in the Common Elements. Bicycles must be stored inside a Unit
or in an assigned rack in the garage. No servicing or repairs shall be made to any motor vehicle or to
any other equipment of any kind either on or within the Common Elements or in any Unit. Inoperative
vehicles may not be parked in the garage or Unit parking spaces. No commercial vehicle, truck, trailer,
van or recreational vehicle shall be parked on any portion of the Common elements save for any trucks
parked in areas designated by the Building Manager for the sole purpose of loading and unloading and
save for any construction and/or loading vehicles used by the Declarant and/or any of its employees,
agents, representatives or contractors in the course of constructing, completing, servicing and/or
maintaining the Condominium or any portion thereof. Any exceptions of items listed above must be
Hybrid or electrical vehicles are not permitted to be charged from the common electrical system. The
vehicles must use a Board approved electrical socket for this function. The Building Manager shall install
the socket at the owner’s expense. In addition, the owner must agree to a payment schedule that reflects the
expected electrical usage.
HEADLIGHTS are to be ON and speed limited to 5 MPH within the garage area.
NO PARKING OR STANDING is permitted between the garage Entrance and Exit.
PARKING IN THE RESERVED PARKING AREA reserved for respective commercial units. The Commercial
Parking Spaces are for use as follows: seven spaces shall be reserved for use by units 110 and 111
jointly; three spaces shall be reserved for use by unit 102; two spaces shall be reserved for use by unit
103, and one space shall be reserved for handicap parking. These spaces are available for other use from
5:30 PM until 8:00 AM the following day on weekdays and 4:00 PM until 10:00 AM on Saturdays and
Remodeling and Repair
Any repair, remodeling, or alterations of anything other than the interior, non-structural components of
a unit must be pre-approved in writing by the Association Board.
No owner may alter, add-to or improve his unit or limited common elements without prior written
approval from the Board if the alteration affects or may affect structural components, integrity, or
exterior appearance of a Unit or the Common Elements.
Proof of liability must be on file with the Building Manager prior to the beginning of work.
Park in the alley
Communicate in advance with Building Management Staff to properly reserve the elevator for
transporting tools and materials. (See also rule 21).
Respect all Rules and Regulations of the Nokonah Association.
Clean all areas affected and remove all trash from the building daily, and not allow it to accumulate in
Owners will be completely responsible for all damages related to work by their agents, guests, and
invitees, including contractors.
Any construction, servicing, maintenance and/or repair work creating any noise or disturbance shall only
be permitted between the hours of 8:00 AM and 6:00 PM, Central Time.
Activities Affecting Insurance
Nothing shall be done in or kept in or on any Unit or Common Element that will increase the rate of
insurance on the Condominium or any other Unit over that applicable to residential buildings or result
in uninsurability of the Condominium or any part thereof or the cancellation, suspension, modification
or reduction of insurance in or on or covering the Condominium or any part thereof. If by reason of the
occupancy or use of any Unit or common Element by any Owner in contravention of these restrictions
the rate of insurance on all or any portion of the Condominium shall be increased such Owner shall
immediately cease any such use and shall be personally liable to the Association for such increase
caused thereby and such sum shall be payable to the Association upon presentation to such Owner by
the Association of a statement thereof.
In addition to any other provisions hereof relation to the alteration, maintenance, decoration or repair
of any Unit, each Owner shall comply with the standards set forth in any design criteria in effect at
the time any alterations or modifications are made to such Owner’s Unit or such Owner otherwise
decorates the Unit. The object of the design criteria is to insure the design integrity of the Building and
to provide standards for the alteration, maintenance, decoration or repair of any Unit by an Owner after
construction of the Base Building Improvements. The term Base Building Improvements shall mean
the original improvements constituting the Building. The Board of Directors of the Association shall
promulgate design criteria and the Association shall have the sole right to enforce same with respect
to all Units. Approval by the Association of any modification, alteration or decoration of a Unit shall be
conclusive as to compliance with standards set by the design criteria unless the representations made
to the Association by the Owner of such Unit with respect to such modification, alteration or decoration
are incorrect or unless the facts upon which the Association made its decision materially change.
Amendment or modification of the design criteria shall be in sole control and at the sole discretion of
the Board of Directors of the Association from time to time. No amendment of the design criterion,
however, shall be retroactive or shall be applicable to any modification, alteration or decoration of a
Unit made upon the approval of the Association or made or undertaken in good faith based upon the
design criteria in effect immediately prior to the date of enactment of such amendment and in progress
at the date the amendment is adopted.
Breach of Rules and Regulations
All costs and damages (including any court cost and legal fees to enforce) incurred by the
Association as a result of a breach of the Declaration, Bylaws, these Rules and Regulations,
or any other governing document by any Owner or his occupants, guests or invitees, or the
Owner’s Tenant, or the Tenant’s occupants, guests, or invitees, shall be borne by such Owner
and be recoverable by the Association against such Owner in the same manner as Assessments.
A notice in writing may be issued by the Building Management for a breach of any governing
document. If after ten (10) days the Owner is still not in compliance a monthly fine as
determined by the Association Board will be assessed. All appeals of non-compliance must be
made directly to the Association Board.
Pool hours are 6:00 AM to 12:00 Midnight daily. Anyone in the pool or deck area after midnight will be
required to leave immediately.
No lifeguard is on duty. Diving is NOT permitted. SWIM AT YOUR OWN RISK.
Minors UNDER 16 are not allowed to use the pool or deck areas, unless accompanied by an adult.
Smoking is not permitted in the pool or deck area.
No glassware of any kind is permitted in the pool or deck area.
Pets are not allowed.*
No pushing, shoving or running or rough play is permitted in or out of the pool.
Radios, tape players, or similar devices are allowed only if private headphones are used.
Residents and guests should wear sandals or shoes, be robed to and from the pool. Regulation swim
attire only is allowed in the pool (NO cut-offs permitted). Towel dry before leaving the pool area.
Each unit will be permitted to bring no more than TWO (2) guests daily. All non-resident children
regardless of age are considered guests. The pool is intended for resident use: therefore, guests should
not interfere with the pleasure and comfort of the residents.
Residents must accompany their guest(s) at all times and are responsible for their guest’s behavior.
Residents and/or guests causing a nuisance must leave the pool area immediately if asked to do so by
any member of the staff and/or management.
Parents and guests with children at the pool must supervise their own children. Parents may not leave
the pool area when their children are present.
Babies in diapers and children who are not toilet trained may not enter the pool area unless wearing
watertight elastic rubber pants. This will be strictly enforced.
Carriages, strollers or coaster wagons are not permitted in the pool area.
Residents may bring floating devices for use in the pool, however, they are not to be stored in the pool
or deck area. No large rafts or large toys are permitted.
Introducing contaminants, i.e. spitting, spouting water, blowing the nose, etc. is not permitted.
Seating on the sundeck and in the pool area is first-come first-serve. Chairs or special places on the deck
cannot be reserved.
The pool or deck may not be reserved or used for private parties.
Residents using the Club room may allow their guests to sit in the pool area.
*Except for service animals used by handicapped persons.
Do not use the SPA if the water temperature is above 104F (40C).
No lotions, creams or suntan oil applied when entering SPA.
Regulation swim attire only (no cut-offs).
If you are pregnant, do not use SPA without medical consultation. Do not allow small children to use the
spa. Hot water limitations vary from person to person.
If you suffer from heart disease, diabetes, high or low blood pressure or other health problems, DO NOT
enter the SPA without prior medical consultation and permission from your doctor. Over exposure to
hot water may cause nausea, dizziness and fainting.
Children under 16 years of age must be accompanied by an adult in the SPA area.
Always check the SPA water temperature, ENTER and EXIT the SPA slowly.
NO jumping or diving into the water.
NO breakable objects are allowed in the SPA area.
Do not place electrical appliances (phones, radios, TV, etc.) within five (5) feet of the SPA.
Do not operate the SPA during severe weather conditions, e.g. electrical storms or tornadoes.
Fitness Center Guidelines
The Fitness Center is limited to Owners and their guests. Each Residential and Commercial Unit Owner
will be permitted to bring no more than TWO (2) guests per visit to the Fitness Center. All children
regardless of age are considered guests.
Owners must be present when guests are using the center.
Owner or the Tenant must be present when guest(s)are using the fitness center.
Clean machines of sweat, etc. after equipment use.
Minors UNDER 16 must be accompanied by an adult. Minors under 12 years of age are not permitted to
use the weight benches.
Do not leave towels or articles of clothing, hair dryers, cosmetics or other items in the shower, sauna or
sink area after using the Fitness Center.
Do not leave personal exercise equipment in the Fitness Center unless you have received permission
from the Business Manager’s Office. All such equipment will be considered for Common usage.
Do not remove any of the weights, mats and other exercise equipment from the Fitness Center area.
Owners. These rules apply to all Owners.The Area may be reserved for exclusive use by an owner twelve (12) times per calendar year.
Owners may be required to sign a reservation agreement prior to reserving the area.
A deposit of $150 is required when booking a reservation.
The deposit will be refunded after usage if the area is clean and undamaged. If cleaning is
required the deposit will be forfeited.
After twelve (12) reservations in one calendar year there will be a fee of $150 per use.
No more than three (3) advanced reservations are allowed per Owner at any time.
Entrance to the Club Room for scheduled Events is through the East Tower Entrance (do not
enter or exit through the Fitness Room).
The primary responsibility of the Concierge is security for the building and premises.
Additional responsibilities include:
- Coordination services for residents
- Monitoring of traffic in and out of the building
- Provide information to residents and their guests
- Arranging for Ground Transportation Services
- Logging and notification of parcel deliveries
Residents must be cleared by the Front Desk prior to elevator access.
Occasions or request requiring the help of maintenance or other staff shall be responded to as
appropriate. To avoid leaving the Front Desk Security unattended some delay in response may be