SCHEDULE A TO BY-LAWS RULES AND REGULATIONS FOR NURIVER LANDING, A CONDOMINIUM

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1 SCHEDULE A TO BY-LAWS RULES AND REGULATIONS FOR NURIVER LANDING, A CONDOMINIUM Dear Owner: The attached document has been prepared to provide all members of our community with a set of community rules that aims to assure a safe, comfortable and pleasant living environment. These rules are not intended as restrictions on an individual's right of free choice, but are seen as promoters of common interests and the common good of our community. There are a number of areas and practices, which have been identified as being potentially disruptive to a peaceful community. It is to address such situations, and to satisfy legal requirements, that the following rules have been proposed by the Board for adoption. Please ask each resident of your unit to read this document carefully and submit your recommendations for improving these rules and regulations to the Board of Directors. Thank you, NuRiver Landing Condominium Association, Inc Board of Directors 20 January 2014 Amendments: Section 33 (Videotaping Board meetings) amended on September 29, 2014 Section 7 (Handicap Parking) amended on June 17, 2015 Section 7 (Vehicles, Bicycles, Motorcycles, Mopeds) amended on October 8, 2015 Section 19 (Pets) amended on October 23, 2015 Section 7 (Handicap Parking) amended on January 18, 2017 Section 7 (Handicap Parking, Oversized vehicles) amended on June 14,

2 Residents will be held liable for any violations of these Rules and Regulations by their family members (including children), guests, employees, contractors or vendors and every effort is expected by Residents to encourage compliance by the aforementioned groups. Table of Contents A) General Building Rules and Regulations 1. Occupancy Restrictions 2. Operation of Security and Front Desk 3. Electronic Access Devices 4. Personal Property 5. Trash 6. Association Employees 7. Vehicles, Bicycles, Motorcycles, Mopeds and Parking, Handicap parking- 8. Valet 9. Move-ins, Move-outs 10. Time Limitation on trades working in Units 11. Improper use / Nuisance 12. Building Signage 13. Hazardous Substances 14. Hurricane / Tropical Storm / Extended Absence Preparedness 15. Balconies and Patios 16. Antennas, Satellite Dishes and Outside Attachments 17. Window Air Conditioning Units 18. Children 19. Pets- 20. Insurance 21. Attire 22. Smoking 23. Firearms and Fireworks 24. Notices, Noticeboards and Solicitation 25. Illegal Uses 26. Association Access to Units 27. Landscaping 28. Outdoor cooking 29. Water Beds 30. Emergency Notices 31. Remodeling 32. Water Leaks 33. Videotaping Board Meetings- 2

3 B) Common Elements 1. All Common Elements 2. Fitness Center 3. Racquetball / Basketball Court 4. Business Center 5. Steam Room and Sauna Areas 6. Spa/ Jacuzzi 7. Mediation Garden 8. Swimming Pool 9. Club Room 10. Club Room Private Functions C) Enforcement and Document Priorities 1. Enforcement Procedures 2. Cumulative Interpretation and Document Priorities D) Definitions E) Standard forms and policies available from Management Office 1. Notice of Violation 2. Violation Complaint Witness Statement 3. Fire Safety Information 4. Hurricane Safety Information 5. Electronic access device ( fob ) policy 6. Vehicle Registration Form 7. Bicycle Registration Form 8. Pet Registration Form 9. ACH form for automated assessment payments 10. Club room rental agreement 11. Rules and Regulations Resident Acknowledgment Form 12. Valet Operational Policy 13. Move in / move out Policy 14. Package Pickup and Delivery Policy A) General Building Rules and Regulations 1. Occupancy Restrictions Residential Units may only be occupied by Unit Owners, their family members, roommates, renters, and guests. All persons occupying residences other than the Owners shall be registered with the front desk. Sub-leases are prohibited. All renters, and their roommates, must be approved by the Board before the time of their occupancy of a unit. Individuals not approved by the Board may not occupy a unit. Roommates of owner occupied units 3

4 are not subject to approval by the Board. All new residents must attend an orientation meeting prior to taking up residency and confirm in writing that they understand and will follow the Rules and Regulations of the Association and understand the enforcement procedures for non-compliance. After a 30 days period, a guest is considered an occupant. All rental contracts must include all adult unit residents as parties to the lease. 2. Operation of security and front desk The security and building management personnel are responsible for denying access by unauthorized persons to the Property. Only residents, guests and authorized persons are permitted to enter the Building and the front desk is critical to this process. Residents are permitted to have visitors, guests, domestic service personnel or others visit their Units at their own discretion. The front desk will not permit any unescorted visitor or guest to enter the building without permission of the resident and the presentation of picture identification. It is suggested that all escorted guests register with the front desk to expedite future check-in at the front desk. All guests and visitors shall enter through the main lobby entrance. All trades people and delivery people are required to check-in with the front desk. They are required to display a Nu River clip-on visitor badge while in the common elements. This badge must be returned to the front desk when leaving the building. This does not apply to private domestic service providers such as housekeepers or nannies. Food delivery personnel are only permitted to enter the building through the front lobby entrance. The front desk should not allow entry of food deliveries through other entrances. The front desk will maintain a complete register of all guests and authorized persons entering the building. All entrance doors, garage gates, side entrance doors and back entrance doors must be closed after entering or leaving the building. It is prohibited to leave propped open doors unattended. If residents discover locked doors propped open or that have failed to close completely, residents should close the door and report the incident to the building management or security. All contractors and service personnel are notified of this regulation on checking in with the front desk. Stairwell exit doors are intended to be used for emergency exit only. Residents should report immediately to the Management Office, security or front desk any noncompliance with the approved Rules and Regulations or any person, persons, or activities observed in or around the building that are considered suspicious. All such reports will be included in the incident register which will be submitted to the Management Office by the front desk on a daily basis Monday through Friday to enable appropriate review which may lead to citations and fines. All such citations and fines shall be recorded on a compliance register. Both the incident and compliance registers shall be available for inspection by owners. The following guidelines will assist the orderly operation of the front desk: When expecting a delivery or service call, residents should notify the front desk in advance in order to expedite entry. When expecting a group of people for any occasion, residents should provide the front desk with a list of expected guests to expedite entry. 4

5 When unexpected visitors arrive or when the front desk has no previous notice, they will call the designated Unit to get authorization before allowing visitors to enter. If there is no answer, the visitor will not be permitted to enter. Building Link will be used to register personal service providers and visiting family in the front desk instructions section. The front desk may be requested to accept small items on behalf of residents. The front desk will have discretion to determine if the item should be accepted at the front desk or the receiving area. Should the front desk have reason to believe that the item may be hazardous, it may be refused. The Association will not assume any responsibility for items left at the front desk. All security and front desk personnel must conduct themselves in a courteous, respectful and friendly manner and must always wear a name badge. Off-duty security personnel should not congregate at the front desk and the use of personal cellphones, other than for Condominium security or emergency purposes is prohibited. Upon request, residents and guests must identify themselves to security / front desk personnel by name and Unit number. 3. Electronic access devices The only people entitled to have the electronic access devices (commonly referred to as fobs ) are Unit Owners, their spouses and family. Under no circumstances should the devices be given to personal service providers such as trades people or domestic services personnel. Renters receive their devices from their landlord and are entitled to a device for each approved resident of the rented unit. See fob policy. In the case of lost or stolen electronic access devices, the Unit resident is to immediately notify the Management Office. All residents must be restrictive in lending keys, electronic access devices and/or making arrangements that might reduce the effectiveness of the Condominium's security system and endanger other residents. Trades people providing services to the Association, whom are properly checked-in with the front desk security and wearing the appropriate clip-on visitor badge are entitled to an electronic access device for the duration of their work. A driver s license will be held and will be returned upon return of the electronic device. Under no circumstances, should a trades person remove the electronic access device from the property. Failure to return the device to the front desk may result in the trades person being declined access to the building. Realtors, who are registered with the Management Office, will have access to a generic access device maintained at the front desk. Under no circumstances, should a realtor remove the electronic access device from the property. Failure to return the device to the front desk may result in the realtor being declined future access to the building. 4. Personal Property The personal property of an Owner or Resident shall be stored within their Unit or, where applicable, in their storage areas, but, in no event, shall such property be stored or left within or upon other portions of the common elements, including entranceways to Units, balconies, terraces, patios or public areas. 5

6 Personal property left on Common Elements may be disposed of by the Board of Directors or Management, as representative of the Board. The Association bears no liability for any personal property left in common elements. 5. Trash No Unit Owner or Resident shall permit anything to fall from a window or door of the Condominium or Association Property, nor sweep or throw from the Condominium or Association Property any dirt, water or other substance onto any of the balconies, patios, or elsewhere in the Building or upon the Common Elements. Each Unit Owner shall be responsible for cleaning up after themselves, and their guests, tenants and invitees when within the Condominium or Association Property, including, without limitation, placing all trash and/or garbage in the proper receptacles. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. All equipment for storage, recycling or disposal of such material shall be kept in a clean and sanitary condition. No garbage, refuse, trash or rubbish shall be disposed of except in sealed bags via the trash chute. Residents may not leave large items, boxes, and other items that do not fit in the trash chute in the hallways or in front of the trash room door. Large sized items, boxes and other items that do not fit in the trash chute are to be taken down and placed either in or next to the dumpster. Trash should not be placed in the trash chutes between the hours of 11.00pm and 6.00am. Furniture and large household appliances are not to be disposed of in the Association Dumpsters and Residents should make their own arrangements for such disposals. 6. Management Company Personnel and Other Contracted Service Providers The Management under the supervision and direction of the Board of Directors shall be solely responsible for directing and supervising all Management Company Personnel and other contracted service providers. 7. Vehicles, Bicycles, Motorcycles and Parking All residents vehicles must be registered with the Association. A registration form and a copy of the vehicle current registration (vehicle tag), current driver s license, and valid insurance card, must be submitted to the Association for vehicle registration. Registered vehicles will receive a Nu River parking decal valid for the lesser of 12 months or the expiry date of any rental agreement. The parking decal must be placed on the lower left-hand corner of the vehicle s windshield. No inoperable or unsightly vehicles may be kept on the condominium property. Vehicles which are leaking oil and causing damage to the parking areas must be repaired within 3 business days of first reporting the leak or a fine will be assessed. The maximum allowable speed in the garage is five (5) MPH. Vehicles parked in a resident parking space at any time, without a valid Nu River parking decal, may be clamped or towed at the owner s expense. The Association shall not be liable to the owner of such vehicle for trespass by reason of such clamping or towing. Temporary decals are available from the front desk when a resident is using a rental vehicle. There is no guest parking in the building garage. Tailgating is not permitted when entering or exiting the garage. 6

7 No repair of vehicles, other than emergency situations, shall be made on the Condominium Property. No vehicles may be left unattended on the access road at the rear of the property. All residents bicycles must be registered with the Association. Bicycles are not permitted in the lobby area and must use a bay area to the rear of the property for entrance and exit from the building. Approved registered bicycles will receive a Nu River bicycle decal which must be displayed on the bicycle. The Management Office at the end of each calendar quarter shall arrange for removal of any unregistered bicycles. A building wide notice (notice board and Building Link) shall be issued 7 days before the quarterly removal process. Bicycles shall only be stored in the Association provided bicycle racks in the garage, or in a resident s unit or inside a designated storage area. Bicycles are not permitted on balconies, patios or outside storage units. Motorized Vehicles Motorcycles, Mopeds, Vespas etc... must be registered in the management office. (Fees apply) Golf carts will be registered as the resident s first vehicle and must be parked in resident s assigned parking spaces. Handicapped Parking Residents in need of a handicap space must be registered in the management office and provide proof of the decal issued to the resident. The right of use assignment of the residents space will be temporarily changed to a handicapped space allowing the valet the use of the residents space. If a resident requires extended use of a handicapped space, he must provide in writing the length of time the space is needed and reasonable accommodation will be considered. A written approval from the owner/resident is required for temporary use of the assigned unit space by valet. As of January 18, 2017, handicap spaces in the garage will be first come, first serve. Valet should be used if no handicap space is available at no charge to the resident. Resident should limit their time in a handicap space to less than 48 hours per use. Residents should not keep vehicles in handicap spaces that are not used on a regular basis. The same handicap space should not be utilized for an extended uninterrupted period without moving your vehicle absent advising the Management Office of the period of time which the vehicle will be left in the handicapped parking space. Oversized Vehicles No vehicle shall be left unattended on the access road at the rear of the property or in the roadway within the building garage. The Association shall not issue a new registration to park in the NuRiver Landing garage to any vehicle measuring longer than 209 inches with extensions, wider than 99 inches, and higher than 79 inches as vehicles with the aforementioned dimensions cannot enter the garage. Those resident vehicles which have been previously approved by the Association as second and exceed the aforementioned length, height and width restrictions and are currently parked by the valet outside the garage will be grandfathered in and will not be affected by this rule. However, 7

8 residents and resident s guests should be aware that any new vehicles which do not meet the aforementioned guidelines will not be approved by the Association for parking by the valet outside the garage. Unattended vehicles extending into the roadway from the parking space outline shall be subject to fine and removal. The valet service shall not be required to provide service to vehicles larger than those specified in this rule, commercial vehicles and trucks. 8. Valet Residents having social events who need additional parking spaces should consult with the Management Office at least 2 days prior to the event for procedures and the availability of valet parking services for their guests. All guests using valet parking must have their parking validated by the front desk when visiting a resident. If a person uses valet parking but has not visited a resident the parking rates shall be normal commercial rates of not less than $3 per hour. All residents using valet for their second or third vehicle, must be registered with the management office and use VIP parker. All guest will pay $3 for day parking and $10 for overnight after 11pm. 9. Move-ins, Move-outs Moves into and out of the building must be scheduled in advance with the Management Office, who will then schedule all moving arrangements. All moving activity must use the service elevator (which must have protective padding prior to use) and the adjacent loading dock. Moving is required to comply with the move in / move out policy which is enacted by the Board and reviewed on a regular basis. The Association reserves the right to charge reasonable moving fees. 10. Time Limitation on Trades Working in Units Repair, construction, decorating or remodeling work shall only be performed on Mondays through Fridays (excluding Federal Holidays) between the hours of 8:00 am and 6.00 pm and Saturdays from 8:00 am to 2:00 pm. This does not apply to an emergency where delay could threaten life or health or cause property damage. This does not apply to non-trades providers such as telephone or internet providers. 11. Improper use / Nuisance No Residential Unit Owner or Resident shall make or permit any disturbing noises, nor allow any disturbing noises to be made by the Owner s family, employees, pets, agents, tenants, visitors or licensees, nor permit any conduct by such persons or pets that will interfere with the rights, comforts or conveniences of other Unit Owners or Residents. No Residential Unit Owner or Resident shall play or permit to be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio or sound amplifier in his Unit in such a manner as to disturb or annoy other residents. No Residential Unit Owner or Resident shall conduct, nor permit to be conducted, vocal or instrumental instruction at any time, which disturbs other residents. No improper, noxious, offensive, hazardous or unlawful use shall be carried on in any Units, Common Elements, Limited Common Elements or other portions of the Condominium Property and all valid laws, zoning ordinance and regulations of all governmental bodies having jurisdiction there over shall be observed. Such improper, noxious, offensive, and hazardous activity shall be determined solely by the Board. 12. Building Signage 8

9 No sign, advertisement, notice or other graphics or lettering shall be exhibited, displayed, inscribed, painted or affixed in, on or upon any part of the Condominium or Association Property, except signs used or approved by the Board or signs utilized by the Commercial Units (and as to signs utilized by commercial Unit Owners, to the extent permitted by the Declaration). Additionally, no awning, canopy, shutter or other projection shall be attached to or placed upon the outside walls or roof of the Building or on the Common Elements by any Residential Unit Owner, without the prior written consent of the Board. The foregoing shall not, however, be applicable to the Commercial Units, except to the extent provided in the Declaration. As to the extent set forth in the Declaration, the Owners of the Commercial Units shall be permitted to install signage both on their Units and the Common Elements adjacent to their Units. 13. Hazardous Substances No flammable, combustible or explosive fluids, chemicals or substances shall be kept in any Residential Unit, Storage Unit or on the Common Elements, other than as is reasonable and customary in vehicles and/or in cleaning supplies. 14. Hurricane / Tropical Storm / Extended Absences Preparedness A Unit Owner or Resident who plans to be absent during the hurricane season or for an extended period of time (greater than 1 week) must prepare his or her Unit prior to their departure by designating a responsible firm or individual to care for the Unit should a hurricane threaten the Unit or should the Unit suffer any damage, and furnishing the Association with the name(s) of such firm or individual. These preparations include, but are not limited to, Removing all furniture and any other moveable or hazardous objects from the balcony. Shutting main water valve. Closing and locking all doors and windows Residents will have up to 48 hours prior to an anticipated storm impact to remove all items from their balconies. The Board shall have authority, in its sole discretion, to increase the 48-hour period. In the event a Unit Owner or resident fails to comply with the above requirements, the Association reserves the right to enter such units and remove same items for and charge the Unit Owner a fee of up to $500. The Association is not liable for any damage that may arise from entering such units. Any Resident failing to make preparations or who makes improper preparations shall be held responsible for any damage done to the property of other Unit Owners, and/or to the common elements resulting from such failure. The Association reserves the right to enter units where the resident has been on an extended absence or the unit is vacant to confirm that the main water valve has been shut appropriately. 15. Balconies and patios While Balconies and patios are for the exclusive use of the Residential Units from which there is direct access, they are Limited Common Elements, owned by and are subject to the rules of the Association No articles other than patio-type furniture shall be placed on the balconies, patios, or other Common Elements or Limited Common Elements of Residential Units. No linens, cloths, clothing, shoes, bathing suits or swimwear, curtains, rugs, mops, or laundry of any kind, or other articles, shall be shaken or hung from any of the windows, doors, balconies, patios, or other portions of the Condominium or Association Property. Bicycles are not permitted on balconies. 9

10 A Residential Unit Owner or Resident shall not cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies, railings or windows of the Building. Notwithstanding the foregoing, any Unit Owner may display one portable removable United States flag in a respectful way, and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 4 1/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps or Coast Guard. Decorative lighting may be placed on balconies or patios and decorative wreaths placed on Unit doors between Thanksgiving and January 10 of each year for the holiday season. Curtains and drapes (or linings thereof) which face on exterior windows or glass doors of the Units shall be subject to disapproval by the Board, in which case they shall be removed and replaced with acceptable items. Residents must provide access to the balcony associated with the unit in order to allow the Association to make any necessary repairs when, in the determination of the Association, such access is necessary. 16. Antennas, satellite dishes and outside attachments Installation of satellite dishes by Residential Unit Owners shall be prohibited. 17. Window Air Conditioning Units No window air-conditioning units may be installed by Owners or Residents. No Unit shall have any aluminum foil placed in any window or glass door or any reflective or tinted substance placed on any glass, unless approved, in advance by the Board of Directors in writing. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door. 18. Children Children will be the direct responsibility and shall be under the control of their parents or legal guardians, including full supervision of them while within the Condominium Property and including full compliance by them with these Rules and Regulations and all other rules and regulations of the Association. Loud noises by children will not be tolerated. All children under twelve (12) years of age must be accompanied by a responsible adult when entering and/or utilizing the authorized recreational facilities and shall not be permitted to run, play tag or act boisterously on the Condominium Property. Skateboarding or loud or obnoxious toys are prohibited in common elements. 19. Pets The term pets shall be limited to dogs, cats and tropical fish. All other animals are expressly forbidden unless otherwise allowed by the Association and animals may not be kept for commercial purposes. Pets shall not be allowed on the balcony of a Unit unless the Unit Resident is present in their Unit. All dogs and cats (including extended stay guests cats and dogs) must be registered with the Association. A copy of the pet s county license, a copy of the rabies vaccine, and a photo of the pet must be provided at the time of registration. On completion of registration, Residents will be given a registration tag that your pet must wear when in the common elements. The registration must be renewed on an annual basis. Pets are not permitted anywhere on the pool deck, or in any of the recreational facilities, garden area, Jacuzzi area, storage facilities or on the mezzanine level. Service animals are allowed in these areas and to enable Management to enforce the rules appropriately all service animals should be registered with the Association as such by providing the Management Office the properly prepared supporting documentation for the service animal classification. 10

11 All dogs and cats must be leashed at all times when outside a Unit. Leashes must not exceed six (6) feet in length. Extendable leashes must not exceed six (6) feet in length while on the Condominium Property. No one person is permitted to walk more than two (2) pets at any one time while on or within association common elements. Pets can only use the hallways, stairs, elevator and lobby as a means of egress and ingress only. When exiting through the front of the building pet owners are required to use the door on the right as they approach the exit doors and then to continue by the right side of the fountain and proceed immediately across the roadway. Pet accidents, including solid waste, made by dogs or cats must be cleaned up by owners or the person responsible for the pet immediately. All such incidents must be reported to the front desk. Cleaning supplies (cleaning spray, pet waste bags and paper towels) shall be available at the front desk. A $ cleaning fee (in addition to any applicable fines at the maximum rate allowable by law) as well as any other actual costs associated with the cleanup including labor costs expended by the Association may be charged for any resident failing to clean up after their pet. In addition, should the pet damage any common area, the Association will fine that Resident and charge the Resident for the actual cost of the repair including any labor costs expended by the Association. Residents should be aware that the Association s governing documents provide that the Association may require that any pet be permanently removed from the Association. While entering, exiting and using the elevators, elevator lobbies (all floors) and mailroom, pets must be well behaved and tightly controlled. The Association reserves the right to fine any Resident for a pet on common property without a tag, failure to report and clean accidents and messes and excessive loitering in indoor common elements with a pet for time exceeding three (3) minutes. Certain dog breeds are not permitted on the property. These breeds are: Pit Bulls Rottweilers Dobermans Or any other breed considered to be dangerous or a nuisance by the Board The foregoing shall not, however, limit the rights of Commercial Unit Owners to invite pets to their Units to the extent permitted by the Declaration. 20. Insurance Nothing shall be done on or kept in the common elements which would result in the cancellation of insurance on the building or contents. Each Unit Owner must recognize the limited responsibility of the Association and their personal responsibility for any damage caused by fire, theft, water, injury, or any other hazard. Unit Owners are responsible for damage to other Units or Common Elements of the Property if it is caused by negligence of the Unit Owner, Resident, agent, guest, vehicle or pet. Owners and residents are urged to carry appropriate insurance to cover their liability for such damage or loss. 21. Attire In all common elements, residents and guests are required to wear appropriate attire. All residents, guests and invitees are prohibited from entering the indoor common elements, in bathing attire, without shoes, shirt or other appropriate cover-up attire, while wet or dripping water. 11

12 22. Smoking It is prohibited to smoke in all the Common Elements, including the pool deck, Jacuzzi and garden area, and within 25 feet of any residential entrance to the building. Residents may smoke in their Unit and on their balconies and patios. Smoke or the associated odor shall not be allowed to infiltrate from a Unit, balcony or patio so as to be or become an annoyance or nuisance, or hazard to health and welfare, to other residents. Smoking materials should be completely cold before placing in wastebaskets or trash chutes and should never be thrown from balconies. 23. Firearms and Fireworks The discharge of firearms within the Condominium is prohibited. Firearms include B-B guns, pellet guns, and other firearms of all types. Fireworks of any kind are prohibited from being set off on Association property. 24. Notices, noticeboards and solicitation General notices authorized by the Board of Directors or Management will be displayed in the notice boards in the building and via Building Link. Commercial advertising or solicitation is not permitted on the Association Property without prior permission from Management or the Board of Directors. Paid advertising may be available in the newsletter. Residents may request that notices (including notices offering services to other residents) are posted on the bulletin boards or via Building Link. Management or Board approval for such posting is not to be unreasonably withheld. No offensive material is to be posted anywhere on the property. The Board reserves the right to remove any posting it deems inappropriate. 25. Illegal uses No unit or any other part of the condominium may be used for unlawful, immoral or improper purposes. Violations of these rules may be referred to the Police where a breach of the peace or a commission of a crime is also involved. 26. Association Access to Units The Association shall retain a key to the Units. The Residents shall provide the Association with a new or extra key whenever locks are changed or added, for the use of the Association, pursuant to its right to access to the units. The keys shall be maintained in the Management Office in a secure fashion in a lockbox. Keys are provided to Residents in emergency situations. In case of emergency originating in or threatening any unit, regardless of whether the Owner is present at the time of such emergency, the Board or any other person authorized by it shall have the right to enter such dwelling for the purpose of remedying or abating the causes of such emergency, and such right to enter shall be immediate. 27. Landscaping 12

13 Lawns, shrubbery, or other plantings shall not be altered, moved, or added to without approval from the Board. 28. Outdoor cooking No grill or other similar devices used for cooking, heating or any other purposes shall be used or lit on any balcony or patio, or within twenty-five (25) feet of the building. 29. Water Beds Water beds are not permitted in Units. 30. Resident Notices All relevant building Resident notices will be communicated to residents in a timely manner using the notice boards and Building Link. 31. Remodeling Unit owners are permitted to decorate and remodel their Units to their own tastes and preferences. Unit Owners are not permitted to alter, modify or improve any Common Elements or Limited Common Element. Any unit modification which involves the structural modification of the unit must be notified to the Management Office and requires Association approval. When installing new flooring the sound proofing required should be confirmed with the Management Office. 32. Water leaks Any water leak in a Unit which affects any other Unit must be notified to the Management Office immediately and repaired within 3 business days or the Association Reserves the right to carry out such repairs and charge the cost the Unit Owner. Should the leak be of such severity to cause immediate problems the Association reserves the right to take immediate action at the Unit Owners expense. Unit Owners are strongly encouraged to carry adequate insurance for such matters. 33. Video Recording Article 3.3 of the By Laws and Association s rule making authority, unit owners who wish to videotape Board or Committee meetings are required to a) Place the video camera in fixed position no less than fifteen (15) feet in front of the Board or Committee; from the front edge of the table. b) Videotape the entire Board or Committee and not just one or more Board or Committee members; and c) Position the video camera to ensure that only the upper bodies, including faces, of Board or Committee members are videotaped. Any recording taken at a meeting may not be disseminated outside of the association other than to an owner s legal counsel or agent without the written consent of the Board of Directors. 13

14 B) Common Elements The sidewalks, entrances, passages, lobbies and hallways and like portions of the Common Elements shall not be obstructed nor used for any purpose other than for ingress and egress to and from the Condominium Property; nor shall any carts, bicycles, carriages, chairs, tables, clothing, shoes or any other objects be stored therein, except in areas (if any) designated for such purposes. The foregoing shall not, however, be applicable to the Commercial Units, except as otherwise expressly provided in the Declaration. As and to the extend set forth in the Declaration, the Owners of the Commercial Units shall be permitted to make use of the sidewalks, entrances, passages, and other portions of the Common Elements adjacent to their Units to further the commercial uses from their Commercial Units. As a general rule, all residents and guests must, upon request, identify themselves to security personnel by name and unit number. Failure to do so may result in removal from the common elements area and a citation. Security personnel will verify that any person identifying themselves as a guest is included on the check-in register. 1. All Common Elements These general rules apply to all Common Elements of the building designed for the shared use of all residents: The Common Elements and Facilities shall be used only by residents and their guests subject to the Rules and Regulations established by the Board. Nothing shall be stored in the common elements. Entrances, halls, stairways and other similar common elements of the building must not be obstructed or used for any purpose other than entering or leaving the building. The lobby, club room, storage area, pool area, fitness center, sauna and steam room, massage room, business center, walks, driveways and similar public areas of the building may be used only for their designated purposes. The use of Common Elements shall not be obstructed by any resident or guest. Do not leave your belongings unattended in the hallways, elevators, lobbies or other common elements. The Association is not responsible for such items. Any defacing or damage (deliberate or otherwise) to the building, recreational facilities, or common elements is prohibited. Any such damage shall be promptly repaired at the expense of the responsible Unit Owner. No unauthorized person may go upon the roof under any circumstances. 2. Fitness Center The Fitness Center is available for use by residents and guests seven days a week on 24-hour basis. Residents and guests must comply with the following rules: Residents under the age of 16 are not permitted in the exercise room at any time. Any private fitness instructor must register with the Management Office showing license, proof of insurance with at least $500,000 in liability coverage and list the Association as an additional insured on their insurance and a hold harmless agreement prior to commencement of activities. Appropriate workout attire and shoes are required. No swimsuits allowed. Report immediately any damage or missing exercise equipment to the Management Office. Use time for equipment is limited to 30 minutes when someone else is waiting. The use of the exercise room and the equipment therein is at users own risk. The Association and its Management will not be responsible for any accidents or injuries to any person using the exercise room or its equipment. All equipment must be wiped down after use. Weights must be returned to rack after use. 14

15 Do not admit any person without an electronic access device unless you can identify the resident. Beverages must be in plastic non-spill containers. No food is permitted. No smoking is permitted. No pets are allowed. Consult with your healthcare provider prior to starting or changing an exercise program. Guests must be registered with front desk. 3. Racquetball/Basketball Court The Racquetball/Basketball Court is available for use by residents and guests seven days a week on a 24- hour basis. Residents and guests must comply with the following rules: Residents under the age of 12 are not permitted in the Racquetball/Basketball Court at any time. Residents between 13 and 16 are required to be accompanied by a responsible adult. The use of the exercise room and the equipment therein is at users own risk. The Association and its Management will not be responsible for any accidents or injuries to any person. Appropriate attire is required. No swimsuits are allowed. No pets are permitted No smoking is permitted Black sole shoes are not allowed Lights must be turned off after use. Guests must be registered with the front desk. Residents or guest are not permitted to bounce balls in the lobby/common areas. 4. Business Center, Conference Room and Library The Business Center, Conference Room and Library is available for use by residents and guests seven days a week on a 24-hour basis. Residents and guests must comply with the following rules: No children under 12 years old shall use the Business Center, Conference Room or Library without adult supervision. No children allowed after 11pm. No pets are allowed in the Business Center. Non-functioning equipment should be reported to the Management Office. The Conference Room may be booked by Residents for short periods of time by arrangements with the Management Office. 5. Steam Room and Sauna Areas The Steam Rooms and Saunas that adjoin the locker rooms/restroom facilities are available for use by residents and guests seven days a week from dawn to pm. Residents and guests must comply with the following rules: An adult resident must always accompany guests and children under the age of sixteen (16) in the steam rooms and saunas. Appropriate exercise or swimming attire is required to use the steam rooms and saunas. Street clothing or hard sole shoes are not permitted. Entering the locker rooms/restroom facilities and the adjoining steam rooms or a sauna of the opposite sex is not permitted. Food and glass containers are not permitted in the 6 th floor locker rooms/restroom facilities and the adjoining steam rooms or saunas. Smoking is not permitted in the floor locker rooms/restroom facilities and the adjoining steam rooms or saunas. 15

16 For your own safety, do not use the steam rooms or saunas for more than 30 minutes at a time. Residents and their guests shall use the steam rooms and saunas at their own risk. Pregnant women, people with health problems and people using alcohol, narcotics or other drugs that can cause drowsiness should consult a doctor before using the steam rooms and saunas 6. Spa/ Jacuzzi The Spa / Jacuzzi is available for use by residents and guests seven days a week from dawn to pm. Residents and guests must comply with the following rules: An adult resident must always accompany guests and children under the age of sixteen (16) Each person is required to conduct themselves in an orderly manner. No running, roughhousing, excessive splashing, diving or jumping from the edge of the spa is permitted. Proper swimming attire is required when in the spa area. No food allowed. Absolutely no glass containers allowed. Each Unit is permitted a group of not more than 6 guests at the spa. No extension cords are permitted in the spa area. No electrical devices (other than cell phones) are allowed in the spa area. For safety reasons no bicycles, tricycles, skates, scooters or skateboards, rollerblades are permitted in the spa area. No smoking is permitted. No pets are allowed. Nude spa use is not permitted. Residents and their guests shall use spa at their own risk. All residents and guests are to place all trash in the trash receptacles. Maximum spa capacity is seven (7) persons. No barbeques. Shower before entering spa Pregnant women, people with health problems and people using alcohol, narcotics or other drugs that can cause drowsiness should consult a doctor before using the spa. Maximum use time is 15 minutes. 7. Mediation Garden The Mediation Garden is available for use by residents and guests seven days a week from 6am to midnight (12am). Residents and guests must comply with the following rules: An adult resident must always accompany guests and children under the age of twelve (12) Each person is required to conduct themselves in an orderly manner No excessive noise after 11pm. Each Unit is permitted a group of not more than 6 guests in the garden. 8. Swimming Pool The swimming pool is available for use by residents and guests seven days a week from dawn to pm. The pool deck is open to residents on a 24-hour basis. Residents and guests must comply with the following rules: An adult resident must always accompany guests and children under the age of twelve (12) Each person is required to conduct themselves in an orderly manner. No running, roughhousing, excessive splashing, diving or jumping from the edge of the pool is permitted. Proper swimming attire is required when in the pool area. No food or drink within 6 feet of the pool. Only unbreakable containers are permitted in the pool area. Absolutely no glass containers allowed. 16

17 Each Unit is permitted a group of not more than 8 guests at the pool. No extension cords are permitted in the pool area. For safety reasons no bicycles, tricycles, skates, scooters or skateboards, rollerblades are permitted in the pool area. No smoking is permitted in the pool area. No pets are allowed in the pool area. Nude swimming or sunbathing is not permitted. Use of personal radios and other audio equipment is not permitted at the pool unless personal earpieces are used. Residents and their guests shall swim at their own risk. There is no life guard on duty. Lifesaving equipment is to be used in case of emergency only. No recreational floats, toys or metal objects are allowed in the pool. Swimming aids and aquatic fitness equipment are allowed. All residents and guests are to place all trash in the trash receptacles. Swimmers must shower prior to entering the pool. Maximum pool capacity is thirty (30) persons. No barbeques. No excessive noise after 11pm. For certain building wide, social events the Board may, at its sole discretion, suspend certain rules for the duration of a planned building wide social event. 9. Club Room The club room is available for use by residents and guests from 6am to mid-night unless there is a private function. Residents and guests must comply with the following rules: An adult resident must always accompany guests and children under the age of twelve (12) Each person is required to conduct themselves in an orderly manner. The television may be used by all residents and guests. However, residents or guests may not connect any personal electronic devices to the television. Food and beverages are allowed in the club room. All residents and guests must clean up after themselves. Each Unit is permitted a group of not more than 8 guests in the club room. No smoking or open flame is permitted in the club room. No pets are permitted in the club room. After 11pm no children under the age of sixteen (16) are permitted to use the club room. No bare feet or swimming attire is allowed in the club room. Playing time for billiards is limited to 30 minutes when someone else is waiting. The doors must be closed when not being used for egress or ingress. All residents must assume responsibility for any damage to the club room by themselves or their guests. No excessive noise is permitted after 11 pm that would disrupt the peaceful enjoyment by any resident of their Unit. 10. Club Room Private Functions The club room is available to residents for private functions and all requests for such rental use must be submitted to the Management Office. There is a fee associated with the rental of the club room (which includes use of the adjoining kitchen area). Private functions are not allowed in any other common elements of the property. Residents and guests must comply with the following rules: The events must be organized by residents. Non-residents may not rent the club room for private functions. 17

18 No private functions are allowed on national holidays. There will be no more than two (2) private functions per calendar week. Reservations made not be made more than six (6) months in advance. A guest list must be provided to the Management Office 24 hours before the function. Guests may visit the bathrooms beside the club room but should only enter other common elements (including the swimming pool area) of the building for the purposes of ingress and egress unless accompanied by a resident. Function guests wishing to smoke must exit the building on the ground floor to do so. The Management Office shall determine the required security for the function. But in any event, there will be a minimum of one security officer assigned to the function. The resident applicant reserving the club room for private functions will assume the full and total responsibility for any and all damages. All deliveries and pick-ups must be made using the loading dock. No decorations may be attached to the walls or ceiling. No furniture is to be moved in or out of the club room without approval from the Management Office. Maximum occupancy is eighty (80) persons. After the event, the applicant or their employed caterer is responsible for placing the trash into plastic bags and disposing of the trash into the trash chute or dumpster for larger items. Private functions must end by pm. The club room and adjoining kitchen area must be cleaned and vacated by 12.00am. Failure to abide by club room private function rules may result in denial to the resident of any future reservation requests. If intended use or actual use of the club room is misrepresented, the authorization can be revoked and deposit money or fees may be forfeited. The resident renter of the club room must release the Association from liability by consenting to a hold-harmless clause in the rental agreement and when deemed necessary provide the Association with adequate insurance coverage for the event. 18

19 C) Enforcement and Document Priorities 1. Enforcement Procedures Every applicable Owner and Resident shall comply with these Rules a Regulation as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration, By-Laws and Articles of Incorporation of the Association, as amended from the time to time. Failure of an Owner or Resident to so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, or such Owner s family, guests, invitees, lessees or employees, to comply with any covenant, restriction, rule or regulation herein or in the Declaration, Articles of Incorporation or By-Laws, provided that the procedures set forth in the Declaration of fining are adhere to. Fines shall not be construed to be an exclusive remedy and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offering Owner or Resident shall be deducted from offset against any damages which the Association may otherwise be entitled to recover by law from such Owner or Resident. For a first violation, a violator will receive a citation letter for the particular offense. For second and subsequent violations, the Board reserves the right to fine the maximum allowable in accordance with Florida Statute which is currently $100 per violation subject to a maximum of $1,000. Individual violations are assessed on a daily per person basis. For example, a group of five people at the pool with glass containers on two separate days would be considered ten separate violations. The Board may separately require that violators pay clean up fees where appropriate to the offense. The Board may also suspend the rights of an owner for a reasonable period of time (as well as their guests, tenants or invitees) to use the Common Elements and recreational facilities of the Association for the failure of the aforementioned parties to comply with the Association s Rules and Regulations and any other governing documents. The party against whom the fine is sought to be levied or suspension of rights to be enforced will be afforded an opportunity for a hearing before a committee of Unit Owners after reasonable notice of not less than fourteen (14) days. A list of all citations and fines issued will be maintained by the Management Office in the compliance register and is available for inspection by owners. Residential leases are renewed annually and the Board reserves the right to refuse to renew or determine that a lease should be subject to early termination when the renter has multiple violations and has not made a demonstrable effort to considerably improve compliance with the Rules and Regulations. Guests who regularly violate these Rules and Regulations may be asked to leave the Condominium Property. In the event of any violation of the Rules and Regulations, Declaration or Bylaws of the Association, the Board reserves the right to pursue any and all legal remedies to compel enforcement. Any and all costs and attorney s fees shall be assessed to the account of the offending owner at the time they are incurred. 19