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Lynnwood, Missoula

Covenants & Bylaws

This guide is intended to be a general orientation for new residents of the Lynnwood, and does not replace or amend any of the official covenants, bylaws, or rules adopted by the board. New owners should obtain a complete copy of Amended Declaration of Covenants, Conditions and Restrictions for The Lynnwood, and By-Laws of the Lynnwood Condominium Owners Association, from their real estate agent, and may obtain rules adopted by the Board of Directors from the building manager, Gatewest Property Management. They are located at 2100 Stephens, #110, Missoula.  Their phone number is (406) 728-7333.  

Updates to Original Bylaws

Communications

Policy Regarding Responsibility of Owners to Provide Contact Information as per the Declaration of Covenants, Conditions and Restrictions for the Lynnwood: Article XI, Sections 1 and 6, - Adopted by the Board - March 27, 2019

 

Communication: Each unit owner shall make their name, address and any other contact information available to the Board or the Board’s designated Management within 14 days of ownership or control of the unit, for purposes of communicating policies, rules, notices, meetings, events, and/or emergency situations that may arise.

Adopted by vote as policy at the Board meeting of the Lynnwood Condominium Association on March 27, 2019
 

Hallway Decoration

Pursuant to the Amended Declaration of Covenants, Conditions and Restrictions for the Lynnwood, Article III, Section 11, Owners may decorate the exterior wall of their unit subject to the rules and regulations adopted by the Board of Directors.

 

The board wishes to maintain a welcoming and relaxing environment and enhance the appeal of the corridors for all residents, while balancing the need to keep these spaces from being cluttered, creating fire or safety concerns, and prohibit offensive materials. Residents are encouraged to decorate these spaces to this end. Individual owners may wish to prohibit their renters from installing decorations if they choose.

Below are listed the rules adopted by the board on August 11, 2016, regarding such decorations.

  • The designated space shall only be the exterior wall of the unit in common with the interior corridor. No other walls are designated for personal decoration without specific approval by the board.

  • The owner of the adjoining unit is responsible for any costs involved in securing decorations to walls as well as repairing walls to their original state after decorations are removed.

  • All artwork and decorations should be considered permanent in nature in such that photos or pictures should be framed. Items such as clippings from magazines, newspapers or books are not allowed unless they have cultural or historical significance and are framed in a professional manor.

  • Artwork from children such as nieces, nephews or grandchildren is allowed if it meets the other stipulations of these regulations and is framed in a professional manor.

  • No portion of any decoration may be closer than 18” to the floor nor 18” to the ceiling. No portion of any artwork or decoration may protrude more than 2 inches beyond the wall surface.

  • No individual on the board nor the Lynnwood Condominium Association may be held liable for any decision to approve or deny any decoration, nor any damage either accidental or purposeful to such artwork or decoration.

  • All decorations and artwork must be kept maintained and clean, and immediately repaired or removed if damaged. 

  • In order to reduce potential damage to walls and the need to repair wall surfaces, and insure that decorations are affixed securely, only the management or the board may physically install decorations. Please make requests to the management, and installations will be made as soon as time allows.

  • Any seasonal decorations should be removed promptly after the appropriate holiday.

  • All decorations are subject to review by the board upon complaint of any unit owner. The Association has the right to require any owner to immediately remove any decorations upon written notification to that effect. 

  • No decoration can be offensive in any manor to any religion, race, ethnicity, individual, sex or political belief. No decoration can depict any image that is derogatory to any or condones violence or cruelty to any person, group or animal. 

Adopted by vote as policy at the Board meeting of the Lynnwood Condominium Association on August 11, 2016.

Remodeling - Electrical

In order to maintain safety and serviceability, and designate and define responsibility of specific electrical wiring on the Lynnwood Condominium property, these specifications shall govern:  

 

The unit owner is responsible for all electrical wiring serving a condominium from the point that the main electrical feeders enter the unit’s electrical distribution panel, as well as the panel itself and circuit breakers contained therein, and all branch circuit wiring supplying the condominium. This shall also include associated conduits, devices, fixtures, plates and covers.  Unit electrical wiring shall also include any low voltage wiring such as cable television wiring, telephone wiring and data wiring from the point in the building where it serves one individual condominium unit.  This responsibility applies regardless of where the physical wiring is located.

 

It is the responsibility of the unit owner to maintain the unit’s electrical wiring in a safe and serviceable manner, complying with local and state laws and regulations, requirements of equipment and appliance listings.  Any modifications to electrical wiring within condominium units must be done in compliance with adopted rules for the Lynnwood Condominiums regarding remodeling (available from the association management), all current local and state codes and laws, and done only by properly licensed or otherwise legally authorized persons.  Maintenance and modifications must not alter the safety or serviceability of the structure or systems serving any other unit or common area property, or negatively impact any other unit or association common property.  Maintenance or modifications involving electrical wiring cannot result in decreased quality, material, design, usability or installation than that of the original building construction in terms of safety or serviceability of the condominium unit or the building. This also applies to the integrity of the fire-separations of units and the structural integrity of the building which could be impacted by any electrical work.  For reasons of life safety, reduced fire risk for the building, protection of personal property and association property, this policy is also intended to insure that any new maintenance or modifications use conduit of equal or greater protection than that of the original building construction, regardless of any electrical codes that may allow lesser protection or installation methods. 

 

Approved by the Lynnwood Association Board of Directors January 23, 2017

Remodeling - Definition & Guidance

Some of the walls in each apartment act as bearing walls for all the floors of the building. In order to preserve the safety of all residents the board needs to examine plans for remodeling that involve changes in or around the walls. 

 

Policy for Remodeling of Individual Units in Lynnwood Condos (as per the Declaration of Covenants, Conditions and Restrictions for the Lynnwood: Article III, Section 2, and Article VII) - Adopted by the Board - August 8, 2013 While recognizing the individual owners of Lynnwood Condos may wish to make changes in their units, and also recognizing that other residents have the right to maintain an acceptable quality of life during these remodeling activities, the board has adopted the following policy to help protect health; property and structure; maintain a uniform exterior and common area design; and provide proper notification of noise, traffic, or disruption of services.  Note that emergency repairs may be made to avoid imminent damage of an owner’s unit, other units, or common areas of the building; or where they are required to avoid a hazardous, unsanitary or life-threatening situation; or one where the unit would become unlivable. These emergency repairs may be made immediately with notification to the building management or any board member as soon as possible. Remodeling and revisions to individual units are divided into the following categories: 

 

I. Minor routine maintenance, including painting; wallpaper; carpet; drapes; like-for-like replacement of electrical fixtures; replacement of dishwashers, sinks or toilets with no piping alterations; plumbing repairs involving no disruption of water outside the owner’s unit; replacement of ranges or refrigerators; replacement of an air conditioner of the same or smaller size and energy usage; other items that the board may deem as routine maintenance. Minor routine maintenance may be done by any owner without approval of the board with the following stipulations:

1) Work creating noise must be performed only between the hours of 9:00 am and 5:00 pm 

2) Odors and fumes from paint, glue, etc. must be ventilated to the exterior through windows. 3

) Unused or unwanted materials including appliances, debris, packaging and construction materials cannot be discarded in the building’s dumpster or stored in common areas and must be removed from the property. 

 

II. Minor remodeling; including replacement of windows and patio doors; cabinets; countertops; bathtubs, showers, dishwashers or fixtures involving piping alterations; air conditioners of larger size or energy use; closet shelving; doors in same location; bathroom floor or wall. 

 

Minor remodeling can only be done after notifying the management at least 5 working days in advance and with the following stipulations: 

  1. Any contractor or subcontractors doing work must be appropriately licensed. 

  2. Any expected interruption in water, electricity or heat affecting other units must have a minimum notice given to the building management at least 5 working days in advance. The date and time must be approved by the building management. Notices must be printed, posted and distributed to the residents as stipulated by the building management. Notices must include the time of the outage, the expected duration and the name of the contractor requesting the outage. 

  3. Building management must be given of the names of any contractors or sub-contractors doing work, along with their current local and state licensing information and insurance information. 

  4. Work creating noise must be performed only between the hours of 9:00 am and 5:00 pm, or as previously approved by the building management. 

  5. Odors and fumes from paint, glue, etc. must be ventilated to the exterior through windows. 

  6. Windows and patio door replacements must be of the same size and style. The brand, color and energy efficiency must be as previously approved by the association. Equipment used to access the exterior of the building for window replacement can only be in locations approved by the management so as to not cause damage to the underground parking structure, landscaping, or sprinklers. The installers must take appropriate measures to not damage the landscaping by use of planks, plywood or other measure to distribute weight of equipment. Owners wishing to use an alternate brand of window or door of the same color, energy efficiency, style and size may make a request to the board. The board may take up to 30 days to meet and make a decision. 

  7. Dust must be confined to the unit being remodeled. 

  8. Unused or unwanted materials including appliances, debris, packaging and construction materials cannot be discarded in the building’s dumpster and must be removed from the property. 

  9. Bathroom floor and wall tile must be installed on a waterproof tile membrane in accordance with the manufacturer’s instructions to eliminate structural damage and mold problems due to water migration through grout and mortar. 

  10. Staging and storage of materials may be done in the individual unit’s garage parking space if available, but no actual construction work, spraying, cleaning or other activities are allowed which could foul the atmosphere in the parking garage, or impact the vehicles or other property in the garage space or access to such space. 28-3 

  11. The building elevator cannot be used for more than 5 minutes at a time before allowing use for other residents or visitors. 

  12. No portion of hallways, stairways or sidewalks can be blocked by materials or construction activity. 

 

III. Extensive remodeling; including but not limited to the erection, enlargement, alteration, moving, demolishing, converting, replacing or changing any of the following: kitchen or bathroom layout; walls; any penetrations to the exterior of building, floor or ceiling; electrical, plumbing, heating or ventilation systems; anything which would alter the current air pressure within the unit; anything which would increase the energy required to heat the building for any period of ,me, any equipment which would increase the usage of hot or cold water, any systems or equipment which would generate more noise outside of the unit; any systems or equipment which would degrade the quality of life for any other resident of the building due to noise, odor, vibration or other means; anything which would change the look of the building from outside of the unit. Work defined as extensive remodeling cannot proceed unless approved by the board and all required permits are obtained from the City of Missoula. The board may take up to 30 days after all required materials are submitted to meet and make a decision. The board reserves the right to inspect the unit for adherence to the terms of the approval and according to the conditions below at regular intervals upon coordinating with the owner or contractor or with a 24-hour notice. 

  1. One complete set of construction documents must be prepared for each board member and the building manager. Construction documents must include scale plans showing current floor plan, and all proposed changes. Include data showing wall construction and finish materials, along with rated fire or smoke characteristics. Include specification data for any equipment proposed, including any airflow ratings, water usage, noise ratings or other factors which may impact the building. Alterations to any structural components of the building must be highlighted with detailed changes to remaining structural portions within or outside of the unit. As per state and local laws, plans must be prepared and stamped by an engineer or architect licensed to practice in the State of Montana. 

  2. Any contractor or subcontractors doing work must be appropriately licensed and insured. 

  3. Building management must be given the names of any contractors or sub-contractors doing work, along with their current local and state licensing information and current insurance information.

  4. Any expected interruption in water, electricity or heat must have a minimum notice given to the building management at least 5 working days in advance. The date and time must be approved by the building management. Notices must be printed, posted and distributed to the residents as stipulated by the building management. Notices must include the time of the outage, the expected duration and the name of the contractor requesting the outage. 

  5. Work creating noise must be performed only between the hours of 9:00 am and 5:00 pm, or as previously approved by the building management. 

  6. Odors and fumes from paint, glue, etc. must be ventilated to the exterior through windows. 

  7. Dust must be confined to the unit being remodeled. 

  8. Unused or unwanted materials including appliances, debris, packaging and construction materials cannot be discarded in the building’s dumpster and must be removed from the property. 

  9. Staging and storage of materials may be done in the individual unit’s garage parking space if available, but no actual construction work, spraying, cleaning or other activities are allowed which could foul the atmosphere in the parking garage, or impact the vehicles or other property in the garage space or access to such space. 

  10. The building elevator cannot be used for more than 5 minutes at a time before allowing use for other residents or visitors. 

  11. No portion of hallways stairways or sidewalks can be blocked by materials or construction activity. 

  12. Changes to plumbing, heating, ventilation or electrical portions of the unit cannot alter the functionality of these systems outside of the unit. 

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