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The Pender Building, A Condominium
A Resident's Manual
October 24, 2008

Moving In:
Important and Useful Telephone Numbers
Utility Service
Telephone Service
Cable TV Service
Internet Service
Individual Unit Security Service
Coordinating Your Move
Information We Need From You
Access Control and Keys
Mail and Delivery Service
Payment of Assessments
Management, Facilities and Services
Facilities and Services
Living in Your Home
Heating and Air Conditioning
Plumbing and Water
Electrical System
Windows and Doors
Unit Repairs and Service

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Building Manager Hutcheson Realty
Work hrs, M-F
Other times
Bob McKinley is our building manager. If he is not
available, explain your concern to the receptionist and
someone else may be helpful.

Cox Cable Hook-ups
Direct TV -- no one has installed this service to date
Telephone Hook-up Verizon

Internet Service
Cox Communications
Verizon DSL (may not be available)

Electric Utility (Dominion Customer Service)

Water (Conservice change billing address per lease)

Public Parking: (Boush Street Garage) Resident Permit

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This guidance is written primarily for new unit owners who are moving into their
condominium as residents. This process may be considerably different for new renters
and depends on the specifics of their leasing arrangement with the unit owners. If the
unit is leased, it is the responsibility of the owners to insure that any changes in service,
billing, or any other information required by the utility companies or agencies is promptly
provided and that the renter is fully aware of his responsibilities and obligations with
respect to these services. A copy of this guidance should be provided to every new
resident at the earliest possible date.


Electricity is provided by Dominion Power Company and provides heating, air
conditioning and power throughout the residential units and the common areas. Your
electrical meter is located in the utility room that is accessible only from McCollough
Lane, the alley behind the building. Thus it is not necessary for Dominion to enter your
unit to read the meter. Electrical power is continuous when ownership changes, but new
owners must contact Dominion to initiate billing.

Water service billing is managed by Conservice, and individual meters are located in
each residential unit. These units are remotely monitored and it is not necessary for
Conservice to enter your unit to read the meter. Owners must contact the Building
Manager whenever there is a change in billing information.

Gas service is not provided for any of the residential units.


Each unit is pre-wired for telephone service. Residents must arrange for their own land
line telephone service. You can arrange service by contacting Verizon. Land line service
may be necessary for some security systems.


Each unit is pre-wired with cable connections at various locations. Each resident must
arrange for their own cable television service. Currently, residents in the building have
contracted with Cox Communications for cable television. Depending on the type of
service desired by the resident, converter boxes might be necessary. There is no common
area master antenna for broadcast television programming.

Currently, no residents have contracted for Direct TV services. If a resident desires to
have Direct TV installed and determines that the building has satisfactory satellite
visibility, then the resident must secure approval of the installation plans from the
condominium association's Architectural Committee before installation begins. The
Architectural Committee will require that the resident demonstrate that the installation
will not damage or compromise the roof membrane and seal system for the building.
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Residents may contract with Cox Communications to provide internet service through the
cable outlets in each unit. This will require a cable modem inside the unit. If a resident
uses a wireless router for internet communications, security provisions (such as
passwords, etc.) are recommended since the building is in an urban environment. There
is currently no free, public WiFi service available in the residential units.


The developers made provisions for the installation of individual security systems in each
unit. If a resident desires to have a security system installed, they must contact a security
system provider. The developer worked with Borden Security at 757-626-1264, and
Borden has expressed interest in providing service for any interested residents.


The Unit Owner must contact the Building Manager to advise her that there will be a
move-in or move-out, and the expected date. The Building Manager may be able to
determine if the move is a major or a minor move at this point, or a further conversation
may be necessary if the unit is being leased. A move that involves furniture, large bulky
items, rugs, furnishings or moving boxes is defined as a major move. This is typically
associated with a move into or out of an unfurnished Residential Unit. Moves into or out
of a furnished Residential Unit that involve clothing, personal items and a small number
of boxes are defined as minor moves. The Unit Owner must provide a $200 fee for major
moves. If possible, moves should be scheduled between 8 a.m. to 5 p.m. Monday
through Friday.

Use of Elevator An elevator key is available in the elevator, or will be provided by the
Building Manager for the move. The elevator should be locked out of service (key
placed in the OFF position) when it is being loaded or unloaded. The elevator should be
returned to regular service when not being loaded or unloaded since the single elevator
must also serve other residents and delivery personnel. If the elevator door is blocked
open for periods of time instead of using the lock out key, the elevator may cease to

Elevator pads must be installed for all moves involving furniture, large bulky items or
moving boxes to prevent elevator damage. These pads are located on the third floor
behind the door marked "Roof Access." The pads are easily installed and must be
removed from the elevator when the move is completed, refolded and returned to their
storage location. If the stairwell must be used, use appropriate padding to insure that
walls, rails and carpet are not stained, marked or damaged.

Responsibility for Damage Caused by Moving - The cost of repair of all damage to any
common elements resulting from moving into or out of the Condominium and/or carrying
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of furniture or other articles shall be assessed to and paid for by the Owner of the unit
associated with the move that was responsible for such damage.


To properly serve you, the Association needs to maintain certain information regarding
unit owners and lessees. Please fill out the "Resident Information Form" provided by the
Building Managers and return it to:
Bob McKinley
Hutcheson Realty, Inc.
5629 Providence Road
Virginia Beach VA 23464

Required information includes:
Your home telephone number
Your office number, if applicable, so that we can reach you if there is an
emergency involving your residence
Who to contact in case of an emergency
Name and address of your mortgagee if your mortgagee has requested
notification of association meetings (as required by the declaration)
Pet registration form for each pet that will be living with you that has access to
the common elements.
If a unit is leased, the unit owner must submit a copy of the executed lease
agreement and a signed copy of the form that stipulates that the lessee has
received a copy of the condominium documents and will comply with the terms
of those documents.

Your Board of Directors has obtained insurance to protect the Condominium Association
as required in the governing documents. Please read these documents carefully to
determine the limitations associated with this coverage.

NOTE: This property coverage does not insure personal property belonging to a Unit
Owner or resident (furniture, decorations, artwork, jewelry, belongings, etc.). You
should discuss coverage of such items with your insurance agent. For your convenience
a copy of the Association's insurance policies is available for your review at the Building
Manager's Office. This will enable you to coordinate coverage with your insurance


The Pender Building is equipped with a Linear Electronic Access System to protect the
residences and common areas against unauthorized entry. Each resident will be provided
with a unique access code that will unlock the entry door when entered.
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The Linear system can be programmed to call your telephone number when a visitor
enters your name at the access panel, and you can talk with the visitor and then remotely
unlock the front door by pressing 9 on your touch-tone phone if you desire to provide
them access. The Building Manager can provide details on this process and have the
system programmed to suit your requirements. Please protect your access code since the
front door is the first line of security for the residences and the only line of security for
the common areas.

Each residential unit door has a unique key, and there is no master key. Unit owners may
change their door lock if they desire, but they must provide 3 copies of the new key to the
Building Manager. We turn one copy over to the Norfolk Fire Department to enable
access into your unit by the FD in the event of an emergency. If the FD can't open the
door they may break through it (at your expense). The second copy is retained on file by
the Building Manager at their offices for access to your unit by the Association. The
Association must make a request for entry at a time reasonably convenient to the
owner/resident of any residence before entering the residence. This is typically for
service or a purpose that you authorize, such as pest control. If there is an emergency,
however, such as a large water leak, the right of entry is immediate and without notice.
The third copy is stored in a lock-box located in a secure place in the Pender Building
that is accessible by the Association Officers and the Building Manager for the purposes
stated above and also as a backup key for residents who have inadvertently locked
themselves out.

Each owner will also receive another key that can provide access to both the utility room.
The utility room is located in the McCullogh Lane alley behind the Pender Building.
This room contains master utility panels. Typically, only utility representatives need
access to this equipment.

This same key also opens the roof access door in the third floor hallway. Protective pads
for the elevator are stored behind this door. Normally only authorized service personnel
(typically for HVAC units) should access the roof. We have placed a warning sign by the
access ladder that identifies the hazards and cautions individuals to walk carefully on the
roof membrane and clean up any debris.


Unfortunately, the Pender Building does not include any parking. Street parking is
available, but most residents secure a parking permit to the Boush Street Public Parking
Garage located immediately behind the Pender Building. Reduced monthly parking rates
are available to downtown residents. You will need to provide a copy of your deed or
lease and a recent utility bill to prove residency. Contact the Norfolk Division of Parking
at 757-664-6222 for details. The main office is located less than 3 blocks away at 222 E.
Main Street and they are very helpful.

The unmetered loading zone in front of the entrance door can be convenient for short-
term delivery and pickup, but the meter police are vigilant, so be careful.
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Parking for service personnel working in your unit is always a problem. Be sure to tell
workmen to use the parking meters and suggest that they park in the public garage. If
their truck is too large for the garage, such as a moving van, arrangements can be made
ahead of time to purchase parking spots for the day (the meters are bagged for you).
You can do this by visiting the Division of Parking office on Main St. noted above.


Mailboxes are located in the first floor area adjacent to the elevator. Owners will receive
mailbox keys at closing. Per regulations, names and unit numbers are not printed on the
front of the boxes. Residents moving in should fill out a change of address form from the
Post Office. Mail is typically delivered in the early afternoon and there is a mail drop slot
on the lower right of the mailboxes.

Package deliveries can be a problem since most delivery personnel don't have an access
code. Delivery personnel are familiar with the Linear system, so be sure that the system
includes your name and current phone number. When the delivery person enters your
name in the entry system, you will receive a call and you can talk with the person. If you
expect a delivery you can admit them. Some package carriers will also call your phone
number if you include it in the instructions, but you will have to go to the front entrance
to admit them unless they use the Linear system.


Hutcheson (Bob McKinley) can provide an elevator key to residents expecting a move or
large delivery. Reliability of the Thyssen Krup elevator has improved, but blocking the
elevator door open for an excessively long time may cause the elevator to stop working.
Movers should use the elevator key to stop the elevator while the elevator car is being
loaded and unloaded, rather than blocking the door. If the elevator goes out of service
during your move, you will have to call the Building Manager and wait until an elevator
technician arrives. If this occurs after hours or on a weekend, any additional overtime
charges will be billed to the resident moving in.

The Association maintains a service contract for the elevator. If you experience a
problem with elevator operation, please immediately advise the Building Manager so that
the problem is reported promptly and it will typically be resolved within a day. If you are
trapped inside the elevator car and the elevator quits working, follow the instructions to
call for help. The elevator service contract gives the highest priority to entrapments and
will dispatch a technician immediately.

In the event of a fire or other emergency, the elevator is programmed to go to the Lobby
level and remain on that level with its doors open, unless the emergency occurred on the
Lobby level in which case it will open at the nearest available safe floor. THEREFORE
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When you settled on your unit, some settlement funds were forwarded to the management
company that handles the financial accounts for the Association to pay the monthly
condominium assessment for your unit for a period of time. Consult your settlement
documents to determine what has been paid and when your next assessment is due.
Payments should be made to the Building Manager at the address noted above.
Hutcheson has provisions for automated payment of the monthly assessment from your
accounts and owners are encouraged to use this option. If you did not elect to do this at
settlement, you may start this at any time by contacting Hutcheson for details.

Also at the time of settlement a Working Capital Contribution was collected. The
Contribution is equivalent to two months of assessments, but is not a prepayment of
monthly assessments.


Governing Documents: The Pender Condominium is governed by a series of documents
that were provided to you before settlement. These documents consist of the Declaration
of Condominium and the Bylaws. Additionally, the Board of Directors has adopted the
Rules and Regulations that incorporate the policies and resolutions enacted by the Board
of Directors. These documents address owners' rights and obligations, and empower the
Board of Directors to manage the affairs of the Condominium.

Owners who lease their units should provide a copy of these documents to lessees and
send a copy of the acknowledgement form signed by the lessee to the Building Manager
before occupancy by the lessee. This form specifies that the lessee has received a copy of
the documents and agrees to abide by them. The governing documents include the
It is important that you read these documents so that you are familiar with your rights and
responsibilities as a condominium owner or occupant, and to understand the organization
of the condominium and the actions taken by the Board of Directors.

The Pender Condominium Association includes the owners of both the residential and the
commercial units in the Pender Building and is managed as specified in the governing
documents. Annual meetings of the Association are held at 6:00 on the third Tuesday in

The Board Of Directors (BOD) consists of three directors elected by the Association to
manage the affairs of the condominium. The directors serve 3-year overlapping terms
and elect BOD members to serve as President, Treasurer and Secretary. Currently the
BOD meets at 6:15 pm on the third Tuesday of every other month starting in January.
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The BOD has established the Architectural Committee to manage and consider policies
and issues associated with the appearance of the building and alterations to the common

Management Services: The BOD has established a contract with Hutcheson Realty, Inc.
to serve the BOD in the day-to-day management of the Association and it's finances.
These services include collection of assessments, preparation of financial documents,
oversight of support service contractors and BOD meeting support. The BOD has
contracted for insurance, legal services, common area cleaning, resident trash removal,
exterior window washing, elevator maintenance & service, (fire detection system
inspection??) fire suppression system inspection & maintenance, fire system monitoring,
common area and residential unit pest control, residential water use billing, and holiday


The atrium or courtyard is the exterior area enclosed by Units 20, 22, 30, 32 and the
common area hallways on the second and third floors. This area is accessible only
through the second floor windows. Any use of this area, except for potted plants is
prohibited. This area is above the commercial units and is sealed by a membrane
waterproofing system. Any activity in this area must be done with extreme caution to
avoid damaging the membrane roof.

The roof area is accessible through the door on the third floor hallway. This door is
normally locked using the same key as the utility room. The roof is also covered by a
membrane waterproofing system, and any use other than for inspection and maintenance
of rooftop facilities is prohibited to avoid membrane damage.

The exterior fire escape stairs are accessible through windows on the second and third
floors. Nothing should be placed on fire escape, and the fire escape stairs should be used
for emergency exit only. Also, nothing should be stored or placed in the vicinity of the
fire escape that would impede access to the fire escape.

The entrance area includes the area around the front entrance door and the room with the
mailboxes and elevator door. Outside plantings have been added to improve the
appearance of the area. Please help by keeping the area clean and free of refuse. A "no
trespassing" sign has been posted to discourage vagrancy in front of the entrance. If you
observe a violation, please report it to the police. Also, as you use the front door, be alert
to avoid "piggybacking" and don't open the door for anyone you don't recognize.

The owners of the two ground floor commercial units are members of the Association
and share the benefits and obligations of many features of the Pender Building. The
separation of use and responsibilities between residential and commercial units is defined
in the governing documents. The commercial units have separate trash removal
contractors, so residents should use only the trash receptacles marked "Pender."
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The BOD has contracted with Hampton Roads Termite & Pest Control for pest control
services for both the common areas and the interiors of the residential units. These costs
are included in the residential unit assessments. The Building Manager will provide
access for the pest control technicians to each unit for periodic treatments. The Building
Manager will provide advance notice to residents of the date and approximate time of
these treatments. Residents should notify the Building Manager of any special
considerations such as pets that may be present. Also, please advise the Building
Manager of any pest problems you observe that may require special treatment.

The BOD has contracted to provide cleaning service for the common areas. Currently the
service is semi-monthly and includes vacuuming the carpets, wiping the stair rails,
window sills, elevator surfaces, and cleaning the front door. All residents are asked to
help keep the common areas neat between cleaning. There is a broom near the front
door for anyone who would like to help occasionally. The flowers in the planters outside
the front door are maintained and watered by residents. Please be careful when carrying
boxes, etc. up and down the stairs and through the halls to avoid marking the walls.

The BOD has established a contract with Fish Glass Cleaning to wash the exterior of the
windows in the building. The BOD expects to have this done on a semiannual basis. The
window cleaners do not need access to any unit.



Heating and air conditioning systems are separate and individual for each residential unit
and are located in the utility closet. All return air flows through the louvered closet
doors, so do not restrict the airflow through these doors. There is an air filter in the unit
that should be periodically removed and vacuumed or washed. Some owners have
experienced refrigerant leaks, dirty heat exchangers, and condensate drips, so periodic
maintenance is recommended. The individual heat pumps for the systems are located on
the roof, and the residents may have to provide access for the technicians. If so, caution
the technician to be cautious to avoid damage to the roof membrane.


In the event of a water overflow or leak from any appliance or fixture, immediately turn
off the individual water supply to the affected appliance. Make appropriate repairs to the
affected appliance, and then turn the water supply for the appliance back on.

One resident has experienced a water leak from the toilet seal in the bathroom that was
detected by the resident below. If you detect a leak from any source, take steps to stop
the water flow and advise the Building Manager immediately. Residents will be
responsible for damages that result from leaks that originate from within their units.
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The main water inlet line passes through the utility closet and includes a shutoff valve.
Residents should know the location of this valve in the event of a water emergency. It is
also good practice to close this valve when leaving the unit unattended for long periods of

The main water inlet line also includes a separate water meter in each residential unit.
These water meters are read remotely by Conservice, Inc. and Conservice bills and
collects payment from each individual unit, including a small service fee. Conservice
then provides these funds to the Association. The main water inlet line to the Pender
Building is metered by the Hampton Roads Water Department and the Association pays
the Water Department for the total water used by all the residential units. So when a
resident fails to pay their Conservice water bill for their unit, they are effectively taking
that money from the Association. Since this situation has occurred on several occasions,
the BOD has resolved to charge the larger of $10 or 10% of the outstanding bill for each
month that the bill is delinquent.


Electricity provided by Dominion Power provides heating, air conditioning, lighting,
power for appliances, and power for receptacles. A power distribution panel with
individual circuit breakers is located in each unit and each active breaker should be
labeled. Residents should know the location of this breaker and be familiar with the
breaker operation in the event that an overload trips a breaker.

The main power meter and a main breaker for each unit are located in the utility room
behind the building. If this breaker trips, residents should call an electrician to find the
source of the overload before resetting the breaker.

Occasional power failures do occur and residents should have a flashlight available for
these situations. The Pender Building does not have an emergency auxiliary generator.
When power is off to the main entry door, the door is unlocked. Residents should be
alert to the potential for unauthorized visitors during these events.


Since the Pender Building is located in an area designated as an Historic District, there
are rules associated with the exterior appearance of the building. In general, no
alterations can be made to the exterior, including the windows. To be consistent with the
rules, the BOD has resolved that interior window treatments must appear white or near
white from the exterior and that individuals seeking to install a treatment not in
accordance with this resolution obtain approval from the architectural committee before

Door locks can be changed by the owner at any time. However, the owner must provide
the Building Manager with 3 copies of the keys (see earlier section on ACCESS
CONTROL AND KEYS). If you are locked out of your unit, contact a BOD member to
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get access to the key for your unit. If no board members are home at the time, you will
have to call the Building Manager. If you do not have the manager's phone number, you
can use the Aegis entry system to call. You can call "Manager" to get the Hutcheson
Realty Office, or "Francine" to get the extension for our Building Manager.


In general, maintenance, service and repair of equipment inside each residential unit is
the responsibility of the unit owner. Since it is sometimes difficult to identify potential
service contractors, the BOD has worked with the Building Manager to establish a list of
local contractors who have provided acceptable service to unit owners in the past. This is
not a recommendation of any such contractors, and does not imply any endorsement or
vetting of such contractors, but is simply a compilation of past contractors provided by
unit owners and collected by the BOD.

If you believe that you have a problem of any nature that is associated with any common
element of the condominium, notify the Building Manager immediately.