BEACHWOOD VILLAS

BEACHWOOD VILLAS CONDOMINIUM, INC.

2355 NE OCEAN BLVD. STUART, FL 34996 TEL. (772) 225-4667

RULES & REGULATIONS

(Revised Effective December 16th, 2008)

BEACHWOOD VILLAS CONDOMINIUM ASSOCIATION REVISED RULES AND REGULATIONS

FOREWORD

There are documents that define the responsibility, prerogative and limitations of a condominium association and its members, including the Board of Directors and any committee it appoints. The Board of Directors is the governing body of the Beachwood Villas Condominiums, Inc. (The Association).

The documents referred to above are:

THE DECLARATION OF CONDOMINIUM ESTABLISHING THE BEACHWOOD VILLAS CONDOMINIUM which contains the BY-LAWS OF THE BEACHWOOD VILLAS CONDOMINIUMS, INC., a Florida Corporation Not For Profit.

CHAPTER 718, Florida Statute, The Condominium Act and the FLORIDA ADMINISTRATIVE CODE, CHAPTERS 61B-15 THROUGH 61B-24.

RULES AND REGULATIONS OF THE BEACHWOOD VILLAS CONDOMINIUMS, INC., WHICH ARE HEREIN CONTAINED.

The Board of Directors does not have the power to modify or amend the DECLARATION. The Association has the power to modify or amend the BY-LAWS as stated in CHAPTER 718. The Board of Directors can modify or amend the Association Rules and Regulations as long as no conflict is created between the Rules and Regulations on the one hand and the DECLARATION or the Florida statute (Chapter 718) on the other hand.

The provisions of the DECLARATION and CHAPTER 718 of the Florida Statutes on the one hand and the ASSOCIATION RULES AND REGULATIONS on the other hand are binding upon the Beachwood Villas Association, its members including the Board of Directors and all committees. If there are any alleged conflicts between the first two documents and the Association Rules and Regulations the former takes precedence over the latter unless a legal counsel interprets that there is no conflict and the Rules and Regulations are to be followed.

The Board of Directors is, ultimately, responsible for impartial enforcement of the Rules and Regulations and the provisions of all other condominium documents. Local, County, State or Federal laws take precedence over any Rules and Regulations promulgated by the Board of Directors.

The Board of Directors may, from time to time and as conditions warrant, adapt or amend those previous Rules and Regulations over which they have authority.

In some of these Rules and Regulations are embodied statements from the DECLARATION including the BY-LAWS and Chapter 718. Other rules are strictly within the province of the Association and the Board of Directors.

SECTION 1 - RIGHTS OF MEMBERSHIP AT BOARD MEETINGS

All unit owners have the right to speak at meetings of the board of administration and meetings of committees of the board of administration, subject to the following rules governing unit owner participation.

Unit owners, however, have no vote at the meeting of the board or committees, and their participation is limited to remarks on the issue before the meeting.

Rules governing unit owner participation may limit each owner to a maximum of three (3) minutes per agenda item.

The rules, however, may not limit the number of owners entitled to speak, and any unit owner wishing to address a meeting may do so provided that the owner complies with the rules concerning participation.

Rules concerning unit owner participation must be adopted in written form, and must be a part of the rules of the board, the association bylaws or the articles of incorporation. Therefore, the following rules regarding unit owner participation at board of administration meeting have been adopted:

a)All unit owners wishing to speak must submit a written request to speak on a particular agenda item to the President prior to the beginning of the meeting for which the request is made.

b) Unit owners, who have made a timely request, may only speak for a total of three minutes per agenda item.

SECTION 2 - ALTERATIONS

1. The exterior surfaces of the buildings may not be painted, decorated or modified in any manner.

2. The outside appearance of any window or deck may not be altered. (exception: approved storm shutters/color).

3. All window coverings must be white as viewed from the exterior of the building. All colors other than white must be approved in writing by the Board of Directors.

4. No common element or limited common element may in any way be altered.

5. Shrubs, trees, plants etc. may not be planted or removed without permission of the Board of Directors.

6. No interior of a condominium unit may be altered so as to affect the structural elements of the building. A Martin County Building Permit is required for major alterations such as installation of a loft.

7. Any floor covering that is installed inside a second floor unit, other than carpeting with pad, requires soundproofing of 1/4" cork beneath the flooring. Inspection of the installed cork prior to installation of the floor covering must be performed by the Property Manager. The Property Manager shall provide written acknowledgment to the owner of the satisfactory inspection.

8. All debris resulting from alterations to a unit must be hauled away by the unit owner’s contractor and in no instance shall be discarded on condominium property.

9. During the holiday season the owner may put up decorations which are visible from outside the condominium with the prior written consent of the Association.

10. No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed, in, on or upon any part of the condominium unit or condominium property by any resident, contractor, sales person or realtor. Door decorations are permitted on the unit entrance door with the prior written consent of the Association.

11 All common element entrance doors to individual units shall be painted white and shall not be altered by any unit owner. All common element mechanical room doors shall be painted according to the BOD approved color scheme of the exterior of the buildings and shall not be altered. Eastside exterior doors associated with units’ 6A/B and 7A/B shall be painted according to the BOD approved color scheme of the exterior of the buildings and shall not be altered.

12. Storm shutters are permitted provided they conform to Martin County Codes. The Property Manager must approve all installations and the color must match with existing installations and the specifications which have been adopted by the Board pursuant to Florida Statue 718.113 (5) as amended from time to time.

13. No awning, canopy, deck, TV antenna or dish, or other projection shall be attached to or placed upon the outside walls or roof without the written consent of the Board of Directors.

14. All glass window tinting must be approved in writing by the Board of Directors.

15. No member of the Property Management staff shall be called upon to do any alterations or maintenance of units on Association time.

16. All sliding glass doors and windows will meet the following specifications or be equivalent.

Sliding Glass Doors:
Southerneastern Door Company, Series 5000, Impact
Bronze aluminum frames, 9/16” laminated, tinted gray (to meet “turtle glass code “) with anodized tracks and 2020 mesh screen (bug screen)

Windows:
PGT Winguard-Impact Series 700 (Single Hung)

East, North, South windows
Oceanside-H36 (call size code) Bronze aluminum frames, 5/16” laminated, annealed/heat strengthened, tinted gray 31 (to meet “turtle glass code”) one lite (no colonial muntin grids) with hi-rise sill and 2020 mesh screens. H33 (kitchen) same, without hi-rise sills

West (Parking lot) – 34SH, 24SH, 23SH (call size code) Bronze aluminum frames, 7/16” laminated, heat strengthened/heat strengthened, tinted gray, one lite, with 2020 mesh screens.

SECTION 3 - DECK FURNISHINGS

1. Deck furnishing are limited to neutral colors.

2. Deck furnishings must be constructed of non-rusting materials. Glass tabletops must be made of tempered glass in the interests of safety.

3. Deck carpeting may be used but wood rotting as a result of such carpeting is the responsibility of the owner.

4. No BBQ grills are allowed to be used or stored on unit decks.

5. No bicycles, scooters, surfboards, skateboards, baby carriages or other recreational items, vehicles or toys are allowed to be kept on unit decks or under building(s).

6. No towels, bathing suits or other personal property may be hung on deck railings.

1.         For safety reasons stairs and walkways should not be obstructed, but small decorative items/furnishings are permitted on landings with the approval of the Board of Directors. Personal property shall not be hung on deck or stair railings or left on walkways or entryways.

2.         No bicycles, scooters, surfboards, skateboards, baby carriages or other toys, recreational items, vehicles or other personal property shall be allowed in any common elements or limited common elements. None of the foregoing items may be left or stored on decks, walkways, stairwells, landings or entryways.

3.         No skateboards, scooters, in-line skates or roller blade skates are allowed in any common elements or limited common elements. Skates must be put on after exiting the property and then taken off before entering.

4.         No property of any kind whatsoever may be stored under the dune bridges.

SECTION 5 - DRIVEWAYS AND PARKING

1.         Parking is permitted in a unit’s assigned space or in a guest space only.

2.         Condo unit owners are allowed space for up to two (2) vehicles only. Written permission of the Board is required for semi-permanent or regular usage of more parking spaces.

3.         Parking on the Beachwood Villas parking area is solely for passenger vehicles. Parking of dune buggies, trailers, commercial vehicles or other vehicles on a truck chassis, recreation vehicles, boats and boat trailers is prohibited. Pick up trucks are allowed provided they are used as passenger vehicles. No item of any type or nature may be kept or maintained in the bed of a pick up truck except for toolboxes which have been permanently affixed to the rear of the cab of the pick up truck. Vans not designed as passenger non-carrying vehicles with side windows and full passenger seating are prohibited.

4.         No commercial vehicles of any type are allowed. Commercial vehicles are not limited to those with commercial tags and/or display writing on the sides of the vehicle, at the Boards discretion.

5.         No vehicle exceeding the width or length of the existing designated parking spaces, or that is rated at greater than one (1) ton (manufacturer’s load capacity specifications), or has more than four (4) wheels shall be parked in any of the residential parking areas.

6.         Motorcycles are not permitted at Beachwood Villas.

7.         Tandem parking (a second vehicle parked in front or behind the first vehicle) is prohibited.

9.         No repair or servicing of vehicles shall be made on the condominium property with the exception of minor repairs.

10.       No vehicle which cannot operate on its own power or is not properly registered shall remain on the condominium property for more than 24 hours.

11.       No occupant shall store or leave boats or trailers on the condominium property.

12.       Vehicles may not be use primarily as a “storage closet” for personal belongings.

13.       Unauthorized vehicles will be towed at the owners expense.

14.     In order to provide for hardship and/or unusual cases, the property manager must be notified at least 3 days in advance for a request of an “Authorized Parking Permit” not to exceed 72 hours. Owners may request Parking Permits up to three times per calendar year. Granting of said request is solely at the discretion of the property manager in consultation with the BOD.

15.       Nothing herein shall be construed to prohibit temporary parking of service vehicles for the delivery and unloading of merchandise and servicing of the condominium and its unit owners.

16.       Stored vehicles must be properly registered and parked in the unit owner’s assigned parking space.

17.       Unit owners will be responsible for their tenants’ and guests’ compliance.

SECTION 6 - NUISANCES

1.         In order that all unit owners may have the quiet enjoyment of their property, no unit owner shall make or permit any disturbing noises in the unit by himself, his family, pets, servants, employees, agents, visitors and renters, nor do or permit anything by such persons that will interfere with the rights, comforts, or conveniences of the unit owners. No unit owner shall play a tape cassette/CD player, TV, radio or sound amplifier, in their unit, in such a manner as to disturb or annoy other occupants of the condominium. No unit owner shall conduct or permit to be conducted, vocal or musical instruction at any time.

2.         No radio or TV installation may be permitted in a unit which interfered with the TV or radio reception of another condominium unit. No antenna, aerial or dish may be erected or installed on the roof or exterior walls of the building, unless approved by the Board of Directors. A satellite dish or antenna less than one (1) meter in diameter may be installed on a unit owner’s deck.

3.         Outdoor cooking is confined to the BBQ grills provided by the Association. Please use caution lighting them. Open the lid before lighting to avoid any accumulation of gas. After each use, turn the grill temperature controls and the gas supply valve to “off” and clean the grills with the wire brush.

4.         No solicitations by vendors are permitted on the condominium property at any time except by individual appointment with residents.

5.         No flammable, combustible, or explosive substance shall be kept in any unit or limited common area or storage area, except as required for normal household use.

6.         Unit owners shall not permit or allow anything to occur or be kept in their unit which will increase the insurance rates on the common elements or any portion of the condominium, or which will obstruct or interfere with the rights of other unit owners or the Association.

7.         All household garbage must be bagged in plastic bags, tied securely and deposited in the designated dumpsters: recycling must be followed in accordance with Martin County Regulations.

8.         All contractors must haul away their debris. Owners are responsible for informing contractors of this rule and its enforcement.

9.         Disturbing noises in the pool/spa area during the time that it is closed, from 11:00 p.m. to 6:00 a.m., are an especial nuisance and should be reported to the police immediately by calling (772) 220-7170.

10.       Residents are encouraged to report anything that is detrimental to Individual residences or property or unruly behavior by calling (772) 220-7170 immediately. For less urgent response or for any violation of the Rules or Regulations call (772) 288-0173 or write the Property Manager with details of the infringement and the unit number or name of the violator. Anonymity will be maintained if desired.

SECTION 7 - PETS

1.         No pets or animals shall be kept on the condominium property except dogs, cats, parakeets, canaries and fish, as set forth below.

2.         Except as provided under the rules and regulations promulgated by the Association from time to time, a Condominium Unit Owner shall not keep, raise or breed any pet or other animal, livestock, or poultry upon any portion of the Condominium Property, except that Condominium Unit Owners may keep up to two (2) dog(s) or two (2) cat(s). However, under no circumstances may any exotic pets, such as birds (with the exception of parakeets or canaries) or snakes and other reptiles or any breed of dog commonly known as a “Pit Bull” or any aggressive dog be permitted on any portion of the Condominium Property.    A “Pit Bull” is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying a majority of the physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. Any pet must be carried on a leash when outside of a Condominium unit.

3.         The owner assumes full responsibility for any damage to person or property caused by his/her pet.

4.         Pets, when outside the owner’s unit, must be on a leash and under the full control of the owner.

5.         Pets are not allowed to be tied or let loose outside the unit and are not allowed to be curbed on the association’s common property.

6.         Pets are not allowed inside the fenced pool area.

7.         The owner is responsible for immediately cleaning up any droppings by a pet who excreted within the common areas. It is recommended that the owner carry on their person appropriate scooper and disposal bag, etc. to comply with this regulation. Droppings may not be deposited in dune bridge garbage cans.

8.         Tenants are not permitted to have any pets on the association property or within an owner’s unit.

9.         A guest visiting an owner may bring one cat or dog for up to 72 hours. For longer periods written permission must be obtained from the Property Manager, phone (772) 288-0173.

10.       Permission to keep a pet is subject to revocation and termination by the Board of Directors upon their sole determination that such pet is vicious, or is annoying other members, or is otherwise a nuisance.

SECTION 8 - SWIMMING POOL / SPA RULES

1.         The Association does not employ a lifeguard; anyone using the pool/spa does so at his/her own risk. The Association assumes no liability.

2.         Diving is not allowed for safety reasons.

3.         The swimming pool and spa opening hours are posted poolside.

4.         Swimming pool temperatures are maintained by the staff as close as possible to eighty-two degrees (82 _) during the November 1 through May 1 period or as weather conditions dictate.

5.         Anyone tampering with the swimming pool or spa heating equipment should be reported to the Maintenance Staff and fines will be imposed.

6.         An adult must accompany all children at the pool under the age of twelve (12).

7.         For health and safety reasons children under the age of five (5) are not allowed in the spa. Children aged twelve (12) must be accompanied by an adult.

8.         Non-toilet trained children and incontinent persons are not allowed in the pool/spa. Swim diapers are NOT allowed.

9.         Children who cannot swim must wear approved flotation devices.

10.       Persons with infectious or contagious health conditions such as colds, fungus, skin diseases, etc., are not permitted in the pool.

11.       Pets are not permitted within the fenced pool area.

12.       Glass containers for food or beverages are absolutely prohibited in the pool or pool area.

13.       Surfboards and pool mattresses are not permitted within the fenced pool area.

14.       When coming from the beach to the pool area please wash your feet with the hose at the dune bridges. Also a shower must be taken before entering the pool.

15.       Martin County Regulations forbid walking, sitting or playing on the dunes. Access to and from the beach must be by the dune bridges.

16.       Chairs, tables and lounges in the swimming pool area must not be taken from the pool deck.

17.       Poolside chairs and lounges should be covered with toweling or other material prior to use to assure that suntan oil, perspiration, etc., does not damage or soil the frame or straps, or inconvenience others.

18.       Nobody in the pool area shall make or permit any disturbing noises in the pool area that will interfere with the rights, comforts or convenience of others including poolside residents.

19.       Running in the pool area is prohibited.

20.       Only small pool toys for young children are allowed in the pool.

21.       Only persons in bathing suits are permitted to use the pool and spa. Wet suits, cut-offs, underwear, diapers, etc., are not allowed.

22.       Unit owners in actual occupancy of their units and approved tenants and guests may extend the use of the recreational facilities to a maximum of four (4) visiting guests at any given time. This guest limitation shall not apply to family members of unit owners and tenants.

23.       Upon the written application of a unit owner in actual occupancy of the unit, the Board of Directors in their sole discretion may grant the unit owner permission to invite additional visiting guests to use the facilities of the pool area, spa and swimming pool. Application forms for such waivers may be obtained from the Board or the Property Manager and the duly executed form shall be submitted at least twenty (20) days in advance of the proposed pool party. The applicant unit owner must be present at the party and shall be held strictly responsible for the conduct of the visiting guests and will be required to indemnify the Association against any or all damage or loss (including clean up costs) incurred by the Association in connection with the pool party and the conduct and acts of the unit owner’s guests. A deposit of three hundred dollars ($300.00) is required with the application, fully refundable if no costs are incurred.

24.       Unit owners or tenants/guests may not extend the use of the recreational facilities to non-resident

guests when the owner or tenant/guest is not in occupancy of the unit at the time.

SECTION 9 - UNIT OWNERSHIP

1.             The condominium unit shall be occupied as a single-family residence only.

2.         No part of any condominium unit may be rented. No trade or other type of commercial activity may be conducted in or from any condominium unit or property.

3.         One (1) bedroom units shall not be occupied on a permanent or semi-permanent basis by more than three (3) people and two (2) bedroom units by not more than five (5) people.

4.         No children under the age of eighteen (18) are permitted to occupy an apartment as guests unless the owners or other adults are in residence at the same time.

5.         No flammable, combustible or explosive substance shall be kept in any unit or storage area except such as are required for normal use.

6.         Unit owners shall not permit or allow anything to occur or be kept in their condominium unit which will increase the insurance rates on the common elements or any portion of the condominium, or which will obstruct or interfere with the rights of other unit owners or the Association.

7.         In order to protect the condominium property, each unit owner or occupant who plans to be absent from his unit, must prepare his unit prior to his departure by removing all furniture, plants and other objects from his deck. Also if he designates a firm or individual other than the management to install or remove hurricane shutters, or to care for the unit should it suffer damage he should furnish the property manager with their names.

8.         Owners shall be liable for all damages occasioned by the moving of their furniture and property.

9.         Payment of the monthly assessments shall be made at the office of the management as designated in the Management Agreement. Payment in the form of a check shall be made to the order of such party as the Board of Directors shall designate. Payment of regular assessments are due on the first day of each month, and if such payments are fifteen (15) days or more late they are subject to charges, as provided in the Declaration of Condominium. If any unit owners can pay all or part of the year in advance this would be very much appreciated.

10.       All complaints from owners requiring Board of Director consideration shall be made in writing and addressed to the Board of Directors. The Board will not consider any unsigned letters. The Board will hold the names of those submitting such letters in confidence if so requested. Problems requiring immediate attention should be relayed to the Maintenance Person or the Property Manager.

11.       Every owner has a responsibility to comply with the Association Bylaws and Rules and Regulations.

SECTION 10 - CHANGE OF OWNERSHIP OF UNITS

1.         No signs listing the unit for sale shall be placed anywhere on the condominium property. Notices on a 3" x 5" card may be placed on the bulletin board. Such cards must be dated and are valid for thirty (30) days.

2.         No unit owner may sell or transfer their unit without the approval of the Board of Directors as stated in the Declaration of Condominium.

3.         An owner who has contracted to transfer or sell his/her unit must submit the following to the Property Manager prior to sale or transfer for approval by the Board of Directors:

a.         Written notice of sale/transfer intent from the owner.

b.         An application form accompanied by a $100.00 approval fee from the prospective buyer. There is no charge for transfer of deed.

c.         A copy of the executed sales agreement.

d.         Required credit and criminal checks.

A copy of the recorded deed must be provided to the Property Manager as soon as it is available.

4.         Prospective buyers must be personally interviewed by a member of the Board of Directors or its designate before the transaction is completed, at which time the Association Rules and Regulations will be reviewed and the “Compliance to the Rules and Regulations” form signed. Interviews can be arranged by contacting the management company (772) 288-0173. Claimed ignorance of the Rules and Regulations is no excuse for a violation.

5.         The Association shall have 30 days from receipt of Notice, Application Form and Sales Agreement to take action on the transaction.

6.         Upon approval of the sale of the unit, a notarized Resale Approval Form will be promptly sent to seller/realtor.

SECTION 11A - TRANSFER OF UNITS TO RENTERS OR GUESTS

1.         Transfer of occupancy applies to any occasion when the owner of the unit transfers possession to a renter or non-paying guest.

2.         No more than six (6) such transfers can occur in any twelve (12) month period (excluding transfers by the unit owner to his/her adult siblings, parents or adult children).

3.         All temporary occupants, whether renters/guests or guests of renters/guests, must register with the office manager on arrival or the first working day after arrival, phone number (772)225-4667.

4.         No renter is allowed to bring pets to Beachwood Villas. Existing Tenants’ existing dogs are grandfathered while alive. A guest of an owner may bring a cat or dog for up to seventy two (72 hours). For longer periods (not to exceed seven (7) days) written permission must be obtained from the Property Manager (772) 288-0173.

5.         Overnight parking is limited to two (2) passenger vehicles per unit. Parking of dune buggies, trailers, commercial vehicles or other vehicles on a truck chassis, recreational vehicles, boats and boat trailers, motorcycles or oversized vehicles is prohibited. Pick-up trucks are allowed provided they are used as a passenger vehicles and the back of the truck is kept clean and void of equipment. Vans not designed as passenger non-cargo carrying vehicles with side windows and full passenger seating are prohibited.

6.         No renter or guest may hang bathing suits, towels or other personal property on deck railings. No recreational items such as surfboards, toys, bicycles, etc. may be kept on decks.

7.         No renter or guest may invite more than four (4) other people to use the recreational facilities at any one (1) time, and he/she must also be present.

8.         No renter or guest shall make or permit any disturbing noises in the unit or on the common areas of the condominium property that disturb the peaceful enjoyment of other residents.

9          All renters and guests must particularly understand and obey the Rules and Regulations relating to the use of the swimming pool, spa and fenced pool area.

10.       It is the responsibility of the unit owner to ensure their renters/guests have access to a copy of the Rules and Regulations and agree to abide by them. All renters/guests are required to obtain and sign a form from the Maintenance Person that they have read and will adhere to the Rules and Regulations of the condominium.

11.       Fines up to one hundred dollars ($100.00) a day may be imposed on renters/guests who break any of the Rules and Regulations of the condominium. The unit owner is held responsible for the collection and payment of such fines.

SECTION 11B - RENTING OF UNITS

1.         In all tenant transactions no oral agreements shall be made, and the written rental or occupancy agreement shall contain a covenant: (a) providing that the agreement shall be null and void unless approved by the Association, (b) requiring the tenant to comply with the Rules and Regulations of the Association, (c) prohibiting the tenant and his guests from keeping pets upon the condominium property, (d) prohibiting assignment, subleasing, modification, termination, cancellation, renewal, or extension without the prior written approval of the Association, (e) restricting occupancy of one (1) bedroom units to three (3) persons including overnight guests and two (2) bedroom units to five (5) persons including overnight guests. For occupancy by more than these numbers of persons, application must be made to the Board of Directors and will only be granted for family members of tenants and for no longer than one week.

2.         REPORTING BY UNIT OWNERS TO SECURE ASSOCIATION APPROVAL OF THE PROPOSED TRANSFER OF POSSESSION TO A TENANT SHALL BE MADE BY THE TRANSMISSION OF:

(A)       NOTICE OF INTENTION TO TRANSFER POSSESSION

(B)      OCCUPANTS DATA SHEET

(C)      A $100.00 CHECK COVERING PROCESSING EXPENSES

(D)      A COPY OF THE LEASE OCCUPANCY AGREEMENT

(E)      A CRIMINAL CHECK ON THE RENTER (CHECK WITH THE PROPERTY MANAGER (772) 288-0173 FOR INFORMATION)

This documentation shall be submitted to the Property Manager at least fifteen (15) days prior to the date the proposed tenant intends to enter into possession. All transfer of possession will be null and void if not made in compliance with this Rule and Regulation.

3.         The Association shall have fifteen (15) days after receipt of the application to take action.

4.         Any owner who fails to submit a timely rental application or has not received approval and allows the unit to be occupied in violation of the Rules and Regulations may be fined one hundred dollars ($100.00) per day as long as the violation exists and will also assume the responsibility of reimbursing the Association for all expenses and legal fees in the association’s effort to seek relief of the violation.

5.         A season renter returning for a consecutive year will not be charged a one hundred dollar ($100.00) approval fee nor will an interview be necessary. However, a new application form and lease agreement must be submitted to the Property Manager for approval.

6.         Owners will provide the necessary unit keys, common area keys, and mail box keys to the renter. The Association has no responsibility in providing these to the renter. It is the responsibility of the unit owner to ensure the rented unit contains all furnishings and household equipment compatible with normal family living.

7.         Any owner who rents their unit gives up the right to use any of the facilities during the entire rental period.

8.         OWNERS MAY NOT RENT THEIR UNIT FOR LESS THAN A TWO (2) MONTH PERIOD. OWNERS ARE RESTRICTED TO SIX (6) TRANSFERS DURING ANY TWELVE (12) MONTH PERIOD. THIS MAXIMUM NUMBER OF TRANSFERS MAY BE TO RENTERS, NON-PAYING GUESTS, OR A COMBINATION OF BOTH.

9.         New renters must be interviewed by a member of the Board of Directors or its designate before occupancy. All renters will receive two (2) copies of the Rules and will be asked to sign a “Compliance with the Rules and Regulation” form prior to approval. The owner bears the ultimate responsibility for Rules and Regulation compliance by the occupants or their guests.

10.       FOR SECURITY PURPOSES RENTERS MUST REGISTER AND INTRODUCE THEMSELVES TO THE MAINTENANCE PERSON, PHONE NUMBER (772)225-4667, ON ARRIVAL OR THE FIRST WORKING DAY AFTER ARRIVAL.

11.       The Renters Data Sheet (item 2 above) includes name, house address and phone number, make and year of car, number of people in unit and arrival and departure dates.

SECTION 11C - TRANSFER OF POSSESSION TO GUESTS

1.         Guests for the purpose of this Rule and Regulation, are defined to include family members and social non-paying guests of an owner not in actual occupancy of his unit. The provision of this Rule and Regulation shall not apply to guests visiting with a unit owner who personally is in actual occupancy of his unit.

2.         Reporting by unit owners to secure Association approval of the proposed transfer of possession to a guest shall be made by written notice to the Property Manager at least seven (7) days prior to the date the guest intends to enter into possession of the unit. FOR SECURITY PURPOSES GUESTS MUST REGISTER WITH THE MAINTENANCE PERSON, PHONE (772)225-4667, ON ARRIVAL OR THE FIRST WORKING DAY AFTER ARRIVAL.

3.         The unit shall be occupied only as a single family private dwelling by the guest and members of his family. One (1) bedroom units shall not be occupied by more than three (3) persons and two (2) bedroom units by more than five (5) persons. For occupancy by more than these numbers application must be made to the Board of Directors but will only be granted for family members of the guest and for no longer than one (1) week.

4.         Each term of occupancy by a guest of a unit owner shall be for such period of time as the unit owner may designate, provided however that a total of no more than six (6) separate transfers of possession to tenants and/or guests may be made during any twelve (12) month period. Transfers made by the unit owner to his/her adult siblings, adult children and parents shall not be included in the computation of the six (6) transfers hereinabove set forth.

5.         Upon entry into possession of the approved guest the unit owner and his family automatically forfeit their usage of the recreational facilities for the duration of such occupancy.

6.         Unit owners are required to make two (2) copies of the Rules and Regulations available to guests and are responsible if they are faulted by their guests.

SECTION 12 - SECURITY

1.         In order that appropriate action may be taken in an emergency situation threatening or causing damage to common property, or the property of contiguous owners, the Association may forcibly enter an unoccupied unit as the agent of the unit owner. Unit owners are encouraged to leave a duplicate key with the Maintenance Person.

2.         The Property Manager/Maintenance Person will not provide keys or give authorization for entry to any person other than an owner without his/her written permission or personal contact. This prohibition includes realtors, contractors, repairmen, renters, guests.

3.         Entry for contractors/repairmen is strictly the responsibility of the individual owner or tenant.

4.         When a unit is left unoccupied for any considerable length of time the water should be turned off at the unit’s mechanical room source in order to limit possible water damage.

5.         Residents are encouraged to report anything noted that is detrimental to individual residences or property or unruly behavior by calling the Sheriff (772) 220-7170 immediately.

6.         For problems not requiring immediate attention by the police call (772-288-0173) or write the Property Manager with details of the violation and the Unit number or name of the violators.

SECTION 13 - FINE PROCEDURES

PROCEDURES FOR DETERMINING A FINE BECAUSE OF

AN ASSOCIATION RULE VIOLATION

1.        No one has the right to deprive others the right of a safe, healthy, peaceful environment. In order to ensure that fact, it is necessary to have the appropriate safe-guards and regulations.

2.        A Florida Statute, the Condominium Law, specifically Section 718.303 (3), states that if the Declaration or the Bylaws of a condominium so provide, the Association may levy reasonable fines against a unit for the failure by the owner of the unit or its occupant to comply with any provision of the Declaration of Condominium, the Association Bylaws, or reasonable rules.

3.        A fine may be levied for a violation of an Association Rule or Bylaw. The fines may not exceed one hundred dollars ($100.00) per occurrence each day the violation exists for an aggregate amount of one thousand dollars ($1,000.00). No fine can be levied without giving reasonable notice according to Florida law and providing an opportunity for a hearing. The hearing must be held before an Ad Hoc Committee of unit owners (not the Board of Directors or their families) called the Appeals Committee.

4.         The party against whom the fine is proposed to be levied must have an opportunity to present evidence and to provide written or oral arguments. Furthermore at the hearing the violator has the opportunity to review, challenge, and respond to any material to be considered by the Association. If the violator is not the owner, the owner is the one ultimately held responsible.

5.        The Violation Committee is to consist of three (3) members of the Board of Directors. The Violation Committee will suggest the dollar amount of the fine and it will then be reviewed by the Appeals Committee. If the Appeals Committee review determines that no fine is appropriate a fine will not be levied.

6.         If after an individual or group of individuals were found in violation of the association rules and regulations and after they were found in violation of said rules and regulations and were fined according to the process set forth in this section 13 there is persistent non-compliance of the rules and regulations by the same individual or group of individuals then the imposition of further fines will require a ruling by the entire board of directors thus bypassing the violations and appeals committee.

SECTION 4 - BUILDINGS, WALKWAYS, RAILINGS AND COMMON AREAS