RULES & REGULATIONS (COMMUNITY WIDE STANDARDS)

Transcription

1 RULES & REGULATIONS (COMMUNITY WIDE STANDARDS) Revised November, 2016

2 TABLE OF CONTENTS I. Compliance with the Rules & Regulations 2 II. General Regulations 2 III. Unoccupied Homes 6 IV. Abusive Language/Inappropriate Conduct 6 V. Authorizing Guests and Vendors 6 VI. Bar Codes 7 VII. Activating Association Membership & Rental/Leasing 7 A. Membership Procedures 7 B. Resale of Homes 7 C. Home Rental/Leasing 10 VIII. Golf Carts 12 IX. Animals/Pets 14 X. Decks - Pool Areas 16 XI. Landscape Maintenance, Irrigation, Grounds 16 Landscape Maintenance - General 16 Irrigation Systems 17 Grounds 17 Refuse Disposal 17 Lakes - Ponds - Canals 21 XII. Architectural Standards 22 Modifications Committee (MC) 22 Drainage/Gutter Systems 23 Hurricane/Storm Protection 23 XIII. Infractions 25 XIV. The Assessment & Budget Process 26 XV. Outside Contractor Entry 26

3 RULES & REGUL AT IONS These Rules and Regulations are a supplement to the BallenIsles Community Association Documents, hereinafter referred to as Community Association, and are intended to clarify issues not specifically addressed in the Compiled Second Restated and Amended Declaration of Protective Covenants, Conditions and Restrictions and ByLaws for BallenIsles, dated March 2, 2010 and Amendments. I. COMPLIANCE W ITH THE RULES AND REGULATIONS Each owner is responsible to fully comply with the Rules and Regulations as are all family members, guests, visitors, lessees, vendors and other persons during the time they are on or using BallenIsles property. By acceptance of title to a lot or by the occupancy of a home, each owner agrees to abide by the Rules & Regulations of the Community. II. GENERAL REGULATIONS Residents and their guests may not cause or allow an annoyance or nuisance to other residents as defined in the Declaration (see Article VQ). The Board of Directors has the right to bar any non-resident from entering the Community. No door-to-door soliciting is permitted within the community. Usage of the Resident Directory for solicitation purposes is prohibited. Residents may display two portable, removable flags: the United States flag and either the flag of the State of Florida or one of the armed forces flags or a POW -MIA flag in a respectful manner. 2

4 Residents may erect a flag pole not more than 20 feet in height provided the flag pole is not erected within an easement and does not interfere with intersection sight lines and is approved by the Modifications Committee. The brandishing, public display or discharge of firearms (unless the elements of Florida Statute, Chapter 776, Justifiable Use of Force, are met), including BB/pellets, tasers, paintball guns, fireworks and all incendiary devices is strictly prohibited. All users of common community property must appropriately cover their upper and lower body at all times while on common property, including but not limited to walking, running or jogging. Traffic and Vehicle Safety and Appearance Regulations (Golf Carts, see Section IX): 1.All property owners and their guests must comply with the traffic control devices and traffic regulations posted throughout the community. Notices of violations MAY be issued by the Safety and Security Department (Security) and copies will be submitted to the Community Association Management for appropriate action. 2. Speeding and other uniform traffic code violations may be enforced by the Palm Beach Gardens Police Department and Security. 3. All bicycles ridden by persons 16 years of age or older, who are not challenged, must be operated only on the street, with the flow of traffic, and not on the pedestrian paths. These riders must comply with all the rules of the road. Helmets are strongly recommended 3

5 for all bikers, but must be worn by children up to age Parking is prohibited on any street between 2:00 A.M. and 6:00 A.M. without permission by Security and/or Management. Parking on lawns is not permitted without permission by Security and/or Management. 5. No vehicles or golf carts with fabric or plastic storage covers over them shall be permitted within view at any time. 6. All golf carts, boats, recreational vehicles and panel trucks must be parked in a garage. It is preferred that automobiles, SUV s, fourdoor pick-up trucks and minivans be parked in a garage or, if necessary, may be parked in the owner s driveway overnight. No commercial vehicle of any type may be parked in any driveway between the hours of 5:30 pm and 7:30 am the following morning. 7. The violations/warnings shall be issued by Security. Failure of the driver to stop his/her vehicle when requested or failure to cooperate with any Security may result in additional fines and/or suspension of privileges. Video surveillance will be utilized from time to time within the community to monitor vehicles; violations/warnings can be used from images captured by the video surveillance. 8. All drivers without barcodes or a Community Association issued pass, or upon request by the Security Department, must present a valid driver s license, acceptable to the Security Department, in order to enter the property. 4

6 9. Parking a. Parking in any manner that blocks any of the following is prohibited: mailboxes, fire hydrants, portion of sidewalk that intersects residential driveway, residential driveways or intersections and roadways. b. Vehicles may not be parked facing oncoming traffic. 10. Golf carts are not allowed on the property except as permitted by the Community Association and must be operated in a safe manner. Any vehicle licensed for roadway use must be operated on the roadways. 11. Vehicles shall not be left anywhere on the property in a non-operative condition. All vehicles must have valid license tags. 12. All BallenIsles employees and authorized vendors and contractors in carts or on maintenance equipment shall utilize the roadways as a means of traveling to and from their work destination. BallenIsles is a residential and recreational community. Homes shall be used solely as single family residences. A homeowner may use a home for limited home business uses provided such uses are not apparent or detectable by sight, sound, or smell from outside the home. These uses shall not involve visits of customers or clients. The Board may restrict any business uses that it determines to interfere with the enjoyment or residential purpose of the community. W ith the exception of limited home business uses, the homes shall not be used in any trade, business, professional or commercial capacity. No evident business activities designed 5

7 for profit or otherwise are permitted on the property. III. UNOCCUPIED HOMES W hen leaving your home for an extended period of time, Residents should stop all newspaper and mail deliveries. Ensure that mailbox lights will be operational dusk to dawn. Coach lights, garage lights and post lights, where mandated, shall be operational at all times. IV. ABUSIVE LANGUAGE/INAPPROPRIATE CONDUCT OR THREATS Abusive language or any inappropriate conduct involving or directed to residents, guests, traffic safety/security officers, employees of the Community Association and contractors employed by the Association is prohibited and may be subject to infraction resolution procedures. V. AUTHORIZING GUESTS AND VENDORS: All guests or vendors must be authorized to enter the Community. If you have any questions, please call the Community Association office at ,#1. MOVING VANS: Moving vans/trucks are allowed on the property seven days a week starting at 7:00 a.m. but work must be completed by 9:00 p.m. Moving vans and trucks must obey all traffic control devices (i.e. stop signs, yield signs, etc.) within the community. 6

8 VI. BAR CODES Bar codes are a privilege for resident, lessees and authorized personnel only. Bar codes may not be issued to relatives, guests, housekeepers, nurses, or anyone that does not permanently reside in the home. Vehicle registration information shall be used to verify that the individual is a resident. Residents may authorize their employees and service vendors to be issued a Quick Access Card. Applications may be obtained at the Northlake or PGA Gates. Residents who sell or trade their vehicles must inform the Security Help Desk so that the bar code may be deactivated. It is the resident s responsibility to notify the Security Department of any changes in vehicles and/or license plate numbers. Bar codes are issued seven days a week. Please call and an officer will come to your home as time permits. VII. ACTIVATING ASSOCIATION MEMBERSHIP AND TRANSFERRING MEMBERSHIP BY SALE OR RENTAL A. MEMBERSHIP PROCEDURES The new owner shall complete a Resident Information Form for BICA records. All correspondence will be directed to a resident s last known address. Residents, whether seasonal or permanent, are responsible to notify the Association office of any address changes. A. RESALE OF HOMES 1. Any owner offering their home for sale shall inform the Community Association of the 7

9 salesperson s or other designated agent s name and company affiliation in order to allow those agents or prospects access to BallenIsles; or shall inform the Community Association of their intent to sell without the assistance of a third party (i.e., for sale by owner). This information shall be conveyed to the Community Association on an INTENT TO SELL form which shall be delivered to the Community Association office prior to initiating any listing, advertising, or marketing efforts to sell the home. 2. Owners are expected to apprise and to ensure their salesperson complies with the following: a. The Community Association shall require that, except for OPEN HOUSES, the owner or salesperson/agent accompany or escort all visitors to the specific home(s) that they may wish to see. b. There shall be no signs or other visible means of promotion of any kind placed on or about the home site or other BallenIsles property other than an approved OPEN HOUSE sign. (Please call the Community Association office at ) This sign may be displayed in front of the house only on those occasions and during those specific hours when the owner or salesperson has specifically advertised an OPEN HOUSE, and the owner or salesperson/agent is present in the home. All signs must be removed at the conclusion of the Open House but no later than 5:30 p.m. In addition to the sign placed in front of the home, a maximum of one additional sign may be placed at the entrance to the neighborhood. Only one 8

10 OPEN HOUSE sign shall be permitted at all major intersections along BallenIsles Drive. Major intersections along BallenIsles Drive are considered to be St. George Place, Fairwinds Drive, East Island Avenue, Coquina W ay and West Island Avenue. c. So that the Security Department is aware of an OPEN HOUSE, the owner or salesperson/agent may advertise or promote the home for sale through a specific advertisement or invitation to an OPEN HOUSE provided the following steps are taken: 1) Before the OPEN HOUSE, four copies of the advertisement or invitation are to be delivered to the Community Association Management office during regular business hours (Mon.-Thurs. 9:00 a.m. 5:00 p.m.) and not later than noon on Friday on the weekend preceding the OPEN HOUSE. The owner s home telephone number, and the salesperson s office and mobile telephone number must also be delivered to the Community Association offices. 2) The owner or salesperson must be present in the home for the entire duration of the OPEN HOUSE. Open Houses can only be held on Sundays during the hours of 1:00 p.m. to 5:00 p.m. 3) The advertisement or invitation must clearly state the specific neighborhood where the OPEN HOUSE is located, and the advertisement or invitation 9

11 must reference that all visitors must be preauthorized prior to gaining access at the gatehouses. All visitors must have a photo I.D. when arriving at the gate. Security personnel will give directions to the OPEN HOUSE to each authorized visitor. 4) The owner or salesperson may preregister any prospective customers with the Security Department personnel or by calling the Automated Voice Authorization telephone number at If not pre-registered, all authorized visitors wishing to attend the OPEN HOUSE must identify the specific neighborhood of the home they are intending to visit. 3. A current copy of the Declaration of Protective Covenants, Conditions and Restrictions should be given to the new owners by the residents selling their home. These are available for a fee at the Community Association office, or may be obtained from the Community Association s website at C. HOME RENTAL/LEASING An owner is responsible to educate his/her tenant regarding the Rules and Regulations. Any violation of these Rules by a tenant is also the owner s violation; therefore, owners shall abide by the following: 1. The home and lot must be leased in its entirety and not for transient or hotel purposes. The minimum lease term for any unit is 30 days. A person residing in a Unit for longer than 30 days where the Owner is not 10

12 present shall be deemed to be leasing the Unit (regardless of whether a lease exists or rent is paid) and therefore subject to the Association requirements and procedures regarding leasing. An Owner may permit members of the Owner s family (meaning related to the Owner by blood, adoption or marriage) to reside in the Owner s Unit without the Owner being present, on a guest basis. If the Owner is not leasing the Unit to the family member, such occupancy by a family member as a guest is not restricted as a lease. However, the Owner is in all events responsible for all conduct of occupants. The Owner must notify the Community Association if the family member will be staying for more than 30 days if the owner will not be in residence. 2. A Unit may be leased only one (1) time during the fiscal year measured from July 1st of any year through June 30th of the following year, regardless of the actual term of any lease. 3. Owners must inform the Association, on the appropriate form, along with the applicable administrative processing fee, whenever they lease/rent their home. 4. The owner must provide a copy of the rental agreement information each time the home is leased/rented, including any extension or renewal with an existing renter. 5. The lease shall be subordinate and subject to the provisions of the BallenIsles Community Association Documents and these Rules & Regulations. 11

13 6. It is the owner s responsibility to supply a current copy of the Community Association s Documents and Rules and Regulations to his/her renter and to ensure that all occupants comply with the Documents and Rules and Regulations. These are available for a fee in the Community Association office or may be obtained from the Community Association s website at VIII. GOLF CARTS Golf carts are motorized vehicles and must follow all vehicular traffic laws. A. Only resident members and adjacent property owners (APO s) are allowed to own and/or operate private golf carts in compliance with the Community Association and Club rules. All golf carts must be registered annually with the Club and/or the Community Association and display the registration number on sides and rear of the cart. Every owner and operator of a privately owned golf cart shall carry $100,000 property damage insurance and $1,000,000 comprehensive personal liability insurance. B. Every golf cart operator must be at least sixteen years of age and have a valid automobile driver s license. C. All approved private golf carts must comply with the rules and regulations established by the Community Association. D. All golf carts must have headlights and brake lights if driven at night. E. All golf carts must have bells. 12

14 F. Golf carts must be driven at a safe speed as conditions warrant. Golf cart operators must comply with all stop signs by coming to a complete stop, and other traffic signs. Common courtesy should be used at all times when operating a golf cart, and cart speed must be reduced when approaching (or being approached by) pedestrians, bicyclists (under 16 years of age or challenged), joggers, skaters, etc. Golf cart operators must yield to, or if necessary, stop for pedestrians, joggers, skaters, etc. along the pedestrian paths. Pedestrians always have the right of way. Golf cart safety is the responsibility of the owner and not of the Community Association. Please be responsible and ensure the safety of all our residents and visitors. G. Golf carts must be stored in the owner s garage. No golf cart is to be left unattended anywhere on the community property overnight. H. In the event the Community Association revokes a resident member s private golf cart privileges, such resident member may not be allowed to operate a golf cart on any of the property or on any of the Association s common areas. I. The violations/warnings shall be issued by the Traffic Safety/Security officers, either by use of personnel or electronic surveillance and all golf cart operators shall acknowledge the authority vested in the Traffic Safety/ Security officers. Failure of the driver to stop his/her cart when requested or failure to cooperate 13

15 with any Traffic Safety/Security officer may result in additional fines and/or suspension of privileges. Should the offense be particularly egregious, the Compliance Committee may suspend a resident s right to use a golf cart in the Community. J. All golf carts that are not registered by the Club must be registered with the Community Association. K. INDEMNIFICATION - Every owner and operator of a privately owned golf cart within BallenIsles agrees, by virtue of, and as a condition to, owning or operating said golf cart within BallenIsles, to indemnify and hold BallenIsles Country Club, Inc., a Florida Not for Profit Corporation, the BallenIsles Community Association, Inc., a Florida Not for Profit Corporation and their directors, officers, employees, affiliates, and agents harmless as a result of any loss, liability, damages, costs and expenses related to or arising out of personal injury or property damage relating to the ownership, operation or maintenance of the golf cart by the resident member, the resident member s family, any guest of the resident member and/or any other third party. IX. ANIMALS/PETS A. GENERAL PET REGULATIONS 1. Dog runs, pens or doghouses outside the home are not permitted. 2. Pets must be on a handheld leash and in the control by their owners at all times when 14

16 outside of the home, except when being exercised within the confines of the rear fenced area, or the dog park, and attended by pet s owner. 3. Excepting their own property, pet owners may not allow their pet(s) the usage of other residential unit properties. 4. Pet droppings are to be removed immediately by the animal s attendant, and he/she must at all times possess a means of removing a pet s solid waste with a pooperscooper, plastic bag, etc. 5. Pet owners are responsible for reimbursing the Community Association or other offended parties for damage to landscaping and/or buildings or private property caused by their pet. 6. Any disturbance by a pet, such as noise, odor or threatening or nuisance activity, may be cause for action by the Board of Directors to have the offending pet removed from BallenIsles. Any pet that is considered dangerous or shows dangerous prospects, at the sole discretion of the Board, may be required to be removed from BallenIsles. 7. No commercial breeding of any kind is allowed. 8. All animal bites will be reported to the Police, Security and animal control departments. 15

17 X. DECKS - POOL AREAS The following are rules pertaining to the use of the patios and pool areas: A. Posting of signs or advertisements is prohibited. B. Storage of pool supplies should be out of view at all times. C. Pool Repairs - W hen draining of the water in pools for purposes other than lowering the level of water, the owner must inform his/her pool contractor and shall ensure that the waste water is directed to the valley curbing along the roadside in front of the home which will carry the water to the nearest storm drain. Pool water must be chemically neutralized before draining into storm drains to prevent damage to the lake system, landscape materials and animal life. Any damaged plants, grass, etc., will have to be replaced at the expense of the owner if the water is allowed to freely drain onto any private property, common area or onto the golf course. XI. LANDSCAPE MAINTENANCE, IRRIGATION AND GROUNDS LANDSCAPE MAINTENANCE GENERAL Homeowners should maintain their landscaping in accordance with the standards set by the Community Association from time to time. Such standards are available at the Association office or on line. 16

18 IRRIGATION SYSTEMS Homeowners irrigating from a well must utilize an injection system to treat the water to prevent discoloration to walkways, driveways, roadways, residences, etc. Discoloration attributed to a well water system must be removed within a reasonable time and maintained stain free. Homeowners utilizing a well must treat the well in order to keep the water from emitting noxious odors. Homeowners must have approval from the Modifications Committee prior to installation of a well. Individual lot irrigation systems are the responsibility of the owner. Homes adjacent to lakes or canals must irrigate and maintain the easement areas to the water s edge and as otherwise required in the Neighborhood Supplements and the Neighborhood Declaration. All owners are responsible to irrigate and maintain any grassed areas, including any Exclusive Common Areas adjacent to their property (golf course area, to a distance of 25 feet from the rear property line or the out of bound marker, whichever is greater, even during extended absences.) GROUNDS Refuse Disposal: The Community Association is not responsible for and does not provide refuse disposal. Refuse pick-up is contracted by the City of Palm Beach Gardens Public W orks Department at with various sanitation companies and is paid 17

19 through your annual ad valorem property taxes and not through your Community Association assessments. Refuse is picked up on Monday and Thursday of each week and recycling is picked up on Monday only. Refuse shall be placed in an appropriate trash container, up to 50 gallons or 50 pounds, possessing a securely closed lid and shall be placed at the curb in front of your home no earlier than after dark the night before. Plastic bags may be used but must be placed at the curb in front of your home after sunrise the morning of pick-up. Trash containers must be returned to a shielded area of the home as soon after pick-up as possible. Loose papers and boxes should be crushed into tight bundles and placed at the curb in the appropriate recycling container. Styrofoam peanuts used for packing must be placed in fastened trash bags and placed in the trash container. Any remaining debris left by the refuse contractor must be picked up and discarded. Vegetation is picked up on Thursdays and the sanitation company must be called prior to that time to request pick-up. Plastic vegetation bags are permitted. Landscape contractors, while performing landscaping services, must remove debris before the close of the day. Normal service will be provided on all holidays EXCEPT Thanksgiving Day and Christmas Day. When pick-up falls on one of those holidays, service will be provided on the next regular pick-up day. The owner or occupant shall arrange for pickup of large items or packing cartons directly with the hauler at the owner s expense, if there is a charge. Palm Beach Gardens Public 18

20 W orks Department may be contacted at Non-Domesticated Animals: Nondomesticated animals, i.e. raccoons, rodents, etc. may become a nuisance from time to time. Control and removal is the responsibility of the homeowner for animals within their home. For other nondomesticated animals outside of the home, please call the Community Association. Routine Maintenance to Homes: The Community Association requires the owners to perform preventive maintenance to their homes from time to time as may be necessary. The following rules are an indication of some that are in force at this time: Roof/Home/Exterior: Periodic roof/home and yard exterior/driveway cleaning must be completed to maintain a clean appearance and is required as often as needed. Detailed inspections are performed in October with a completion date of January 15 t h. However, inspections may also occur throughout the year. Driveways: Beginning February 1, 2016 and thereafter, all driveways are required to be cleaned as needed. House Painting: Periodic house repainting must be completed to preserve a wellmaintained appearance. Association Management performs periodic maintenance inspections. Color changes require approval before painting commences. The Modifications Committee must be notified at , Option #1, to ensure that the color conforms to the approved color palette. Adjacent homes 19

21 may not be painted the same color, unless the same color is being reapplied. Mailboxes: Mailbox lights must be on from dusk to dawn at all times. Bulbs will be replaced by Community Association maintenance personnel. All other electrical components, (including wiring, photocells, etc.), will be the responsibility and expense of the owner. Garage Doors: For safety and security purposes, all garage doors are to remain closed at all times except as necessary for ingress or egress and must have a wellmaintained appearance. Residents will be notified by Security if they observe open garage doors after 8:00 p.m. and before 6:00 a.m. The garage door policy is as follows: If there are two open garage door violations noted within a three-month period, a warning letter shall be sent on the third violation; four or more violations will result in a fine. Temporary Basketball Hoops/Backboards: No new permanent basketball hoops shall be approved. Temporary basketball hoops and backboards approved by the Modifications Committee must be hidden from view when not in use. This rule may be modified during holiday periods when daily usage is common. Outdoor Lighting: Outdoor lighting, including seasonal holiday lighting, must not interfere with or create a nuisance to other residents. All new installations must be approved in advance by the Modifications Committee. Seasonal holiday lighting and/or seasonal decorations are allowed from Thanksgiving through January 10 of each year. 20

22 Gas Lighting: Gas lighting on all homes shall be kept in good working condition and illuminated at all times. Maintenance of gas lights is the responsibility of the homeowner. Electric Lighting Zero Lot Line Homes: Electric lighting on the exterior of a residence must be on from dusk to dawn at all times. These fixtures and bulbs must be consistent with the design standards originally set forth for each neighborhood and shall be maintained in proper operating condition at all times. LAKES - PONDS CANALS Many water bodies are maintained by the Club and/or the Community Association. No one is allowed access to these waterways when access is gained across the golf course or through another s private property. Swimming and wading in lakes or canals is dangerous and strictly prohibited. Boats are permitted on all lakes. Internal combustion motors are not permitted on lakes or water bodies. Boats must be stored out of view. Fishing by owners or guests is permitted at the fisherman s own risk and in keeping with Florida s licensing guidelines. Children under sixteen are only permitted to fish when accompanied by an adult. Fish should not be eaten. The waters cannot be guaranteed to be free of chemicals. It is suggested people catch and release all fish caught in BallenIsles waters. No individual may access the lakes from another resident s property. 21

23 XII. ARCHITECTURAL STANDARDS AND REVIEW PROCESS The Community Association has developed architectural standards and a review process. MODIFICATIONS COMMITTEE (MC) The MC is appointed by the Board of Directors to ensure that any proposed modifications, alterations, etc. are in keeping with the Modifications Committee Manual, which is available at the Community Association office and on the Community Association s website at All exterior additions, modifications, decorations or alterations must be reviewed and written approval given by the Modifications Committee, prior to the commencement of any work. If the work is already contracted and/or monies paid, the Association will not be responsible if an application is denied. W hether work is done on the interior or exterior of the home, if a dumpster is required, an application must be completed and a fee will be charged. The dumpster must be covered when not in use. All port-o-lets must be shielded from view at all times Any and all alterations exceeding 25% or more of your landscaping (beds, plants or trees) require the approval of the Modifications Committee (MC) which may require landscape plans be prepared by a 22

24 Landscape Architect or Landscape Designer and will be the homeowner s responsibility. DRAINAGE/GUTTER SYSTEMS ON HOMES Gutters must be installed to control the drainage and should be designed to drain 100% to the storm drainage facilities at the street with drainage piping connected to each downspout and piped underground to the front of the lot, unless the lot is located adjacent to a lake. If a lot is located adjacent to a lake, all pipes need to be underground and under the water at the time of installation at least one foot below the controlled elevation of the lake. All homes must have a complete gutter system installed. SATELLITE DISHES AND ANTENNAE No radio, CB, television, solar panels or other antennae shall be installed anywhere on the property unless first approved by the Modifications Committee. HURRICANE/STORM PROTECTION DEVICES Hurricane or storm protection devices, or any devices intended to protect the residence from the elements, and attached to the exterior of the residence, shall be of a color, design, and materials specification as approved by the Modifications Committee (MC) prior to installation. The following shutter policy is in effect: Any type of hurricane protection device will be allowed on the entire home starting at the time South Florida is declared to be within the projected path of a named storm and must be 23

25 removed within 21 days after the storm has passed. Clear shutters and clear panels, as determined by the Modifications Committee, will be allowed to be deployed during the entire hurricane season, from June 1 s t through November 30 t h. Non-clear shutters, removable panels and fabric devices (not plywood) that are color matched to the trim color or body color of the house, as determined by the Modifications Committee, will be allowed to be deployed during the entire hurricane season, from June 1 s t through November 30 t h. Non-clear shutters that are not color matched to the house will be allowed during the entire hurricane season, from June 1 s t through November 30 t h, only on windows and doors that are not visible from a street or a golf course. If there is a question as to whether or not a window or door is visible from a street or golf course, the BICA Property Managers will determine if they qualify. The color and appearance of a protection device, even when retracted, must match the trim color or body color of the residence. Nonclear fabric devices that do not match the trim color or body color of the residence must retract into a cover that matches the trim color or body color of the residence. Determination of compliance will be done by the Property Managers, subject to review by the Compliance Committee. All owners will be required to maintain their shutters and/or other devices in a clean, wellmaintained appearance. 24

26 XIII. INFRACTIONS The policy outlined below is an attempt to formalize the handling of various infractions addressed to the Community Association. The Community Association and its staff are under no obligation to settle disputes between neighbors. Complaints regarding infractions of Community Association s rules will be accepted by Management, but it is requested that the party filing the complaint first attempt to obtain voluntary compliance without the Community Association s intervention, if appropriate. Complaints regarding rules infractions by Owners/Occupants must be submitted in writing to Management. The party filing the complaint is asked to discuss his/her complaint with the offending party and indicate what response he/she received. Anonymous complaints will not be accepted. Complaint forms may be obtained from the BICA Management office. Traffic violation complaints will be referred to the Traffic Safety Officer for follow-up. Complaints of a criminal nature such as assault, threats, intimidation, etc., should also be reported to the Police Department for investigation. Complaints dealing with rules violations will be investigated and a letter will be sent to the offending party. If not corrected, and if the Community Association seeks to impose a fine or suspend rights or privileges, including barcodes or usage of common areas and facilities, the offending party has the right to be heard by the Board of Directors and Review Committee. Legal representation is not allowed. 25

27 XIV. THE ASSESSMENT & BUDGET PROCESS Assessments are collected by the Community Association to pay for the operation and maintenance of the community. Assessments are paid in quarterly installments made in advance and due on the first day of each calendar quarter. Fees not received by the fifteenth will incur a late fee. If a payment continues to be delinquent or if an owner has continued delinquencies, the matter will be submitted to the Community Association s attorney for collection. All legal fees incurred while attempting collection will be paid by the owner. XV. OUTSIDE CONTRACTOR W ORK HOURS No workers are permitted on the property before 8:00 a.m. on weekdays and Saturdays or after 5:30 pm weekdays. All workers, including landscape maintenance contractors, must vacate the property by 1:00 p.m. on Saturdays. Saturday work performed after 1:00 p.m. is permitted, subject to advance approval by Community Association Management. No workers are permitted on the property on Sundays or Holidays, except for emergency purposes. The holidays are: New Year s Day, Memorial Day, July 4 t h, Labor Day, Thanksgiving Day, Christmas Day and/or whenever the holiday is observed. 26