The Pender Building, A Condominium

A Resident’s Manual

Revised August 3, 2019

I. 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

Insurance

Access Control and Keys

Parking

Mail and Delivery Service

Elevator

Payment of Assessments

II. Management, Facilities and Services

Management

Facilities and Services

III. Living in Your Home

Heating and Air Conditioning

Plumbing and Water

Electrical System

Windows and Doors

Unit Repairs and Service

I. MOVING IN

Important and Useful Telephone Numbers

Building Management – Cavalier Land, Inc. 9 - 5, M-F 757-625-3502

Maintenance/Repairs ext. 113

Condo Payments ext. 109

After hours emergency ext. 107

Note: all calls including emergency go to answering machine for time stamp and are then answered promptly

Building Manager – Tom Bond

Email: tbond@cavalierland.com

Television

Cox Cable Hook-ups 757-222-1111

Direct TV - no one has installed this service to date

Telephone Hook-up – Verizon

Internet Service

Cox Communications 757-222-1111

Verizon DSL (may not be available)

Electric Utility (Dominion Customer Service) 888-667-3000

Water (Conservice – change billing address per lease) 800-553-0703

Public Parking for Residents – this process has changed

Recently, call Lelia Vann for specific details 757-274-9048

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 ensure 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.

Utility Service

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.

Natural gas service is not allowed for any of the residential units.

Starting Your Telephone Service

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.

Starting cable TV service

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 wishes 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.

Starting internet service

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. Free public WiFi service may be detectable in some units, but the signal strength may be too low for reliable service. New unit owners searching for free WiFi internet service should check signal strength before deciding on an internet service provider.

Starting security service

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.

Coordinating your move

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.

(NEW) Use of Elevator – The Building Manager will provide an “Independent Operation” elevator key for the move and instruct the resident owner on the proper elevator operation. The key should be used to switch Independent Operation to the “ON” position while the elevator is loaded or unloaded. While Independent Operation is ON, the elevator can be moved by pressing and holding both the desired floor button and the door close button. The elevator should be returned to regular service when not required for the move since the single elevator must also serve other residents and delivery personnel. CAUTION: If the elevator door is blocked open for periods of time without using Independent Operation, the elevator may cease to operate. This will delay your move until a service technician can be called and may involve significant costs, especially if it occurs after working hours or on weekends. These charges will be assessed against the Unit Owner unless the technician finds another cause for the elevator failure.

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 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.

Anyone who is moving is responsible for cleaning up the common areas immediately after their move.

Information we need from you

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:

Cavalier Land, Inc

234 West Bute Street

Norfolk, VA 23510

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 Pender Acknowledgement Form that stipulates that the lessee has received a copy of the condominium documents and will comply with the terms of those documents.

Insurance

Your Board of Directors has obtained insurance to protect the Condominium Association and the building as required in the governing documents. Please read these documents carefully to determine the limitations associated with this coverage. As a result of changes in the FEMA flood maps, the Association has secured flood insurance for the building. Note that this insurance does not cover the contents of individual units. Unit owners are responsible for obtaining any additional flood insurance if necessary. Mortgage lenders typically require insurance documentation. Contact Kimberly Herr to get more information on how to secure this documentation.

NOTE: The building insurance 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 agent.

Access Control and Keys

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.

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. Contact the Building Manager or an Association Officer if necessary.

Each owner will also receive another key that can provide access to 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. If unit owners (or occupants) provide access to service personnel, they must advise them of the fragility of the roof membrane and request that they use the walkways to service HVAC units and other roof-mounted equipment.

There is a very small bike room at the rear of the building that opens onto McCulloughs Lane for resident use only. Space is very limited and is available only to residents for bicycles that are frequently used. Keys will be provided upon request and should be returned when no longer needed. If there is a need to carry a bicycle into a residential unit, the bicycle should be wiped down to avoid tracking mud and debris into the building and carried in the elevator with padding to prevent wall damage and oil stains. Bicycle transport or storage in the stairwell or fire escape halls is not permitted. Storage of anything other than bicycles or condominium equipment in the bike room is prohibited.

Parking

A representative from the Pender Building has negotiated with the Norfolk Parking Department to obtain a fixed number of parking spaces in the Boush Street Garage for Pender Condo occupants. These unreserved spaces have been allocated to Unit owners who have agreed that payment for the garage passes will be continuous. Unit owners may use these passes or provide them to their tenants. Prospective unit buyers or tenants should discuss the availability of these garage passes with current owners. Use of these passes may be part of a lease agreement between owners and tenants. However, if there is any interruption in payments for the pass/es for any specific unit, the city may discontinue garage access for those specific passes and reallocate them to another parker. The unit Owners are ultimately responsible for ensuring the parking fees are kept current for the passes assigned to their unit.

The unmetered loading zone in front of the entrance door can be convenient for short-term delivery and pickup. But parking enforcement is vigilant and parking tickets may be issued if the time limit of 30 minutes is exceeded.

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 possible. If their truck is too large for the garage (there is a 7-ft height limit in 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). Contact the Division of Parking office at 222 E. Main St. (757-664-6222) well in advance for details.

Mail and Delivery Service

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 provided by 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.

Occupants are solely responsible for their mailbox keys. The association does not keep mailbox keys. Occupants who lose their keys must contact the Postal Service to determine what to do. They will likely have to replace the lock to their mailbox at their own expense.

Most package deliveries from common carriers (UPS, USPS, FedEx) are delivered inside, either to the mail room or sometimes to the unit on the address. USPS deliveries with a complete address will always be left in the mail room. However, deliveries can be a problem if the delivery personnel don’t have an access code. Delivery personnel are often familiar with the Linear system, so if the address includes your name the delivery person can use the electronic entry system to contact you. 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 talk with them and admit them if desired by pressing 9 on your phone. 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. If delivery personnel can’t gain entry to the building they will likely leave a delivery attempt slip at the front door with further information.

Elevator

The Association maintains a service contract for the elevator. If you experience a problem with elevator operation, please immediately advise the Cavalier Land 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 IN THE EVENT OF A FIRE OR OTHER EMERGENCY, DO NOT ATTEMPT TO USE THE ELEVATOR. USE THE STAIRWELL.

The Building Manager or the Condo Association President can provide an elevator key to residents expecting a move or large delivery. This key can be used to switch the elevator to Independent Service so that the elevator can be taken out of general service for a period of time. Instructions on how to use the Independent Service function will be provided when the resident is given the key. Movers should always use the elevator key to stop the elevator while the elevator car is being loaded and unloaded, rather than blocking the door (which can cause the elevator to go completely out of service). 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.

Payment of Assessments by Owners

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. Cavalier Land 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 the Building Manager for details.

II. Management, Facilities and Services

MANAGEMENT

Governing Documents: The Pender Condominium is governed by a series of documents that were provided to unit buyers 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 are required to 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 following:

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 January. All members of the Association will be advised of any change in this schedule.

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 on a quarterly basis starting in January at 6:15 pm on the third Tuesday of the month. 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 elements.

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

Facilities & Services

The atrium (aka skywell 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 windows on the second floor. Any use of this area, except for potted plants or decorations is prohibited. This area is above the commercial units and is sealed by a membrane waterproofing system. The Board of Directors has allowed the owner of Unit 20 to overlay the membrane with another surface that conforms to the recommendations of an engineering analysis of the skywell and meets the load limitations identified in those recommendations.

The building roof is accessible through a door in the hallway on the third floor. 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 are for emergency exit only. No other use is permitted. Also, nothing should be stored or placed in the path to 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 registered and posted to prohibit 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 from the residential units as follows:

Trash: The Association contracts with the City of Norfolk for trash removal and the city service includes single stream recycling. Four green trash bins are located behind the building and are marked “219 B” with white paint. Two blue recycling bins are located in the same area and are also marked “219 B” with white paint. Plastic trash bags are suggested for non-recycle trash, but do not use plastic bags for recycle trash – use paper bags instead. The plastic bags can cause fires in the recycle machinery. Acceptable recycles are typically paper, clean cardboard, cans, glass bottles and plastic bottles with small caps. If you are uncertain about an item, put it in the trash.

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.

Security cameras have been placed in the common areas on each floor and in the mail room area. The cameras are motion activated and are connected wirelessly to a recording system. After 4 weeks recordings are automatically erased. The purpose is to monitor non-resident activity (deliveries, repairmen, etc.), to deter theft and to identify damage to property. A notice of video monitoring is posted at the entrance. All building residents are offered internet access to the camera system and recordings.

III. Living in Your Home

Heating and Air conditioning

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 by the Unit Owner is recommended. Please call the Building Manager for information on how to keep the condensate lines open. The individual heat pumps for the systems are located on the roof, and service technicians hired by residents may require access to the roof for servicing. If so, caution the technician to be cautious to avoid damage to the roof membrane.

The HVAC unit in each of the residences has a condensate line that leads to a floor drain in the utility room of the unit. Residents are responsible for keeping this drain line clear to avoid leaks into the units below. The Building Manger can provide instructions to unit residents on how to keep this line clear, or HVAC service companies can do this for residents. Failure to keep this line clear can led to water damage and expensive repairs.

Plumbing and water

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, turn off the water flow, advise the Building Manager immediately, and take action to have the leak repaired. Residents will be responsible for damages that result from leaks that originate from within their units.

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 time.

The main water inlet line also includes a separate water meter in each residential unit. These water meters are read remotely by Conservice, Inc. 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. Thus 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.

Electrical system

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 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.

Windows and doors

Since the Pender Building is located in an area designated as an Historic District, there are (City of Norfolk) 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 Condo Association architectural committee before installation. Significant departures may require approve by the appropriate City agent.

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 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 Linear entry system to call: push “Manager” to get the Cavalier Land Office.

Unit Repairs and Service

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.