Old Ponte Vedra Beach Condominium Association, Inc. Rules

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1 Old Ponte Vedra Beach Condominium Association, Inc. Rules October 26, 2010 Amended June 6, 2012 At Old Ponte Vedra Beach we are fortunate to enjoy a uniquely situated and attractive community. We want all Residents to share fully in the community and its enjoyment. These rules have been adopted for the safety, protection, fair and equal treatment and the attractive appearance of the community and its Residents. Please try to understand and follow these rules so that we may all enjoy harmonious and rich life at Old Ponte Vedra Beach and that our community retains its attractive appearance. 1. DEFINITIONS 1.1 Club and Cabana Club mean the Old Ponte Vedra Beach Cabana Club. 1.2 Unit means any and all Units as defined in the Declaration of Condominium. 1.3 Premises means the Common and Limited Common Elements of the Association and the Club and includes the Condominium as defined in the Declaration of Condominium including the individual Units unless inclusion of the Units is clearly not intended. 1.4 Resident means the owner of a Unit. It also means the guest or lessee of a Unit Owner. 2. RESIDENT MINIMUM AGE 2.1 No person under eighteen (18) years of age shall occupy a Unit unless the person s parent(s), legal guardian or the Unit Owner is in residence.

2 3. PROPERTY MANAGER 3.1 The physical plant is operated, maintained and managed by a Property Manager and protected by a Security Company. These Rules provide that most complaints be registered with the Property Manager or a Security Guard. Please be considerate and courteous to the Property Manager and Security Company employees. If there are any problems with the Property Manager or Security Company, please direct them to one of your Directors. 4. SECURITY 4.1 For the safety and protection of the community, the Association has retained a security company to monitor and limit access to the Premises. The security company is continuously reviewing security procedures and recommending changes to the Board for the better protection and safety of us all. The security company has procedures for dealing with all potential security issues. 4.2 Residents should promptly alert the Security Guard, the Property Manager, or, if appropriate, the Sheriff of violations or potential security concerns. 4.3 Unit Owners shall notify the Property Manager and Security Service of the arrival and departure of guests or family members who have permission to occupy a Unit in the owner s absence. 5. APPEARANCE OF THE PREMISES 5.1 No alteration to the external appearance of any of the Units may be made without approval of the Board in accordance with the Declaration of Condominium. 5.2 A request for alteration should be made to the Property Manager for referral to the Board. 5.3 No sign or advertisement shall be displayed on or at any window, door, balcony, deck or otherwise on the Premises without express prior written consent of the Board. Decals from alarm protection companies may be displayed. Residents may not park vehicles displaying advertising on the Premises when vehicles are not in use for the advertised purpose. 2

3 5.4 Holiday decorations, such as flags banners, lights, and wreaths, may be displayed between three weeks prior to and two weeks after the holiday to which they relate. Hardware used to attach approved items to the exterior of the units shall be made of rust resistant materials such as synthetics or stainless steel. Any damage caused by such attachments shall be the resident s responsibility to remedy. The United States of America flag may be displayed at any time in accordance with state and federal law. 5.5 Residents leaving their Units overnight shall make arrangements to stop newspaper deliveries or have delivered newspapers picked up. 5.6 No perennial plants may be removed without prior written approval of the Board. No modifications may be made to common area, including mulch, ground cover and planting of annuals without prior approval of the Board. 5.7 Satellite dishes and antennae are prohibited without written Board approval. 5.8 Screens on balconies and decks and awnings are prohibited without written Board approval. 5.9 To avoid delay, alterations in accordance with specific standards adopted by the Board, such as for garage doors, hurricane shutters, and dryer vents may be approved by the Property Manager All exterior doors, including garage doors, Unit doors and storage room doors, are the responsibility of Residents to maintain and paint in accordance with standards adopted by the Board. All new garage doors must conform to the standard set by the Board, which information is available from the Property Manager. All other doors shall conform to the existing doors unless approved by the Board. The Board may require any Resident to replace door when damaged or deteriorated Garage doors shall be kept closed except when vehicles are moved in or out and when there is activity in the garage Balconies, windows, decks and doors shall not be altered from the condition in which they were originally constructed, including, without limitation, alteration by painting, screening or the installation of reflective materials, unless pursuant to the Declaration of Condominium, Articles of Incorporation and By- Laws of the Association and approved by the Board in writing Nothing may be stored on balconies or decks of units other than ordinary outdoor deck furniture and permitted electric grills; prohibited articles include, but are not limited to non-electric barbeque grills, televisions, firewood, bicycles, skate boards, skis, surf boards, other sporting equipment, fire pots and places, 3

4 movable hurricane shutters not in use. Nothing shall be stored or left overnight outside Units, on Condominium property, beneath the buildings, or on the beach No towels, clothing or other fabric or rugs may be hung from any window, door, balcony or deck Nothing shall be dropped, thrown, swept or otherwise expelled from any window, door balcony or deck No vehicles may be washed, polished and/or waxed on Condominium property except in such specific areas as may, from time to time, be designated by the Board of Directors for such activity For the purpose of assessing fines for violations of this Rule [on Appearance], each day during which this rule is violated shall constitute a separate violation for which a fine may be levied. 6. BARBECUE GRILLS AND FIRE CODE REGULATIONS 6.1 Storage and use of non-electric outdoor grills, including without limitation, charcoal, and gas, are prohibited. No other similar devices used for cooking, heating, or any other purpose shall be used or stored in a unit, garage, or anywhere on the premises. The only exception is for electric grills. Storage or use of L.P. gas cylinders for any purpose is prohibited. Grills may not be used in common areas. 7. PARKING AND OBSTRUCTIONS 7.1 Parking is restricted to Residents, their guests, vendors, and lessees. 7.2 Unauthorized parking shall include: 7.3 Vehicles parked so as to impede ingress to or egress from other parking spaces, driveways, sidewalks, roads or building entry ways or parked in unauthorized spaces. 7.4 Head-in parking except in designated spaces and in private driveways which are part of the marsh-side Units. 7.5 Curbside parking on either side of Sea Hammock Way between the garage buildings opposite the main north gate. Such parking is also prohibited by order of the St. Johns County Fire Department. 4

5 7.6 Parking of boats, trailers, campers, trucks (other than standard size pickup trucks) or other oversized vehicles on the Condominium Property. 7.7 Except in the event of an emergency, no vehicle maintenance or repairs shall be performed on Condominium Property. 8. TRASH 8.1 Garbage shall be bagged and deposited in trash containers no larger than 32 gallons. No more than 50 pounds of garbage permitted per can. (MSD Regulations). Waste that does not fit in containers should be taken to the dumpster adjacent to the maintenance building on the west side of A1A. 8.2 Recycle items as defined by MSD should be placed in containers provided by St. Johns County. 8.3 For both garbage collection and recycling collection, containers should be kept out of sight, preferably in garages, on days on which collection is not scheduled. Such containers may be put out for collection no earlier than 5:00 p.m. on the evening prior to collection and should be put away no later than 7:00 p.m. on the day of collection. 9. SAFETY 9.1 In the event of notice by the National Weather Service, the Association, or the Property Manager of an approaching hurricane or other high wind weather conditions, each Unit owner shall be responsible for removing all movable objects from balconies and decks. 9.2 During the approach of inclement weather, Property Manager employees are busy protecting the Complex. Their responsibilities do not include installing hurricane shutters or clearing decks for individual Units and should not be asked to do so at any time. 9.3 Fireworks and fires are not permitted on the Premises or on the beach. Fireplaces in the Units may be used only after they have been approved as safe for use by an inspector approved by the Board. 9.4 Skateboards, scooters, in-line skates and roller skates may not be used on the Premises. Bicycle riders must be at least 12 years old or under the direct supervision of a parent or legal guardian. No vehicle is permitted that is not customarily used on a public street, such as go-carts, ATV s, etc. 5

6 9.5 Children under age twelve (12) shall not play on the Common Elements except under reasonable supervision by a responsible adult. 10. PETS 10.1 Dogs weighing over 70 pounds are prohibited on the Premises and in the Units, and no more than 2 dogs, including those of guests, may occupy any Unit at any time. The following dog breeds have been identified by the Insurance Information Institute as dangerous and are prohibited on the Premises: pit bulls and pit bull types, rottweilers, chow chows, doberman pinschers, German shepherds, Siberian huskies, perro de presa canarios, Alaskan malamutes, American Saffordshire terriers, boxers, great danes, wolf mixes, and mixes with any of the foregoing. Dogs that are certified service dogs may be permitted by the Board. Notwithstanding the foregoing, the Board may in its sole unfettered discretion approve any dog to be on the Premises that is shown to the Board s unfettered discretion will not be dangerous, a nuisance, or harmful to Unit Owners quiet enjoyment of the Community. The Board may also in its sole unfettered discretion order any dog removed and eject it from the Premises that the Board finds for any reason may be dangerous, may pose a nuisance, or may interfere with Unit Owners quiet enjoyment of the Community When outside Units, dogs must be on leash and under owner control at all times. No more than two dogs may be on leash by one person No more than two dogs may be present in any Unit at any one time, even temporarily without advance written approval from the Board Residents are strictly responsible for properly cleaning up after their pet and properly disposing of the waste. As in the case of other violations of these Rules, a person s failure to comply with these Rules concerning pets shall be subject to fine as determined by the Board Exotic pets such as reptiles, snakes, pigs, naturally wild cats, predator birds and others are prohibited Unit Owners and their lessees and guests who bring any animal on the Premises are strictly liable for, and shall bear the expense of any damage or injury to persons or property caused by their pets and the pets of their lessees and invitees. Any such damage may be determined by the Board of Directors of the Association and may be collected by the Association. 11. USE OF THE COMMON ELEMENTS 6

7 11.1 The Common Elements of the condominium, as defined in the Declaration, are for the exclusive use of Unit Owners, and their immediate families, lessees, resident house guests and guests accompanied by a Resident. No other person shall be permitted to use the Common Elements unless accompanied by a Unit Owner or a member of his immediate family, without the prior written approval of the Board. 12. PROTECTED DUNES 12.1 The naturally vegetated area east of the Condominiums above the shoreline, identified in the Declaration of Condominium as the Preservation Zone is a conservation area for flora and wildlife and shall not be disturbed in any way. Entering the area except to cross from the Condominiums to beach on designated walkways is prohibited During sea turtle nesting and hatching season, May 1 to October 31, Unit Owners shall comply with St. Johns County ordinance relating to lighting for the protection of sea turtles, specifically but without limitation, Unit owners shall not allow bright lights from their Units to be visible from the shore or bank. Yellow lights are allowed. 13. THE BEACH 13.1 Fires and fireworks on the beach are prohibited Beach accessories shall not be left on the beach overnight Dog owners are admonished to keep their dogs under control and on leash and to clean up after their dogs. Dog owners shall at all times comply with St. Johns County dog ordinances. 14. NUISANCE 14.1 Owners shall not allow any nuisance to exist inside or outside of the Units. Owners may not allow conditions to exist within their Units that cause or threaten to cause damage or changed conditions to or in any other Units All noise, including, without limitation, talking, singing, television, audio equipment, musical instrument, barking dogs, and exercising, shall be kept at such a volume level that it is not audible outside the Unit in which it originates In accordance with St. Johns County Zero-Tolerance Policy, under age drinking and the possession and use of illegal drugs are strictly prohibited. 7

8 14.4 No Unit may be used for commercial purposes The Board may order the abatement of any condition it deems to be a nuisance. 15. LEASING UNITS 15.1 Rental leases shall be for a period of not less than ninety days The Board of Directors through the Property Manager must be informed of all leases and given copies of all rental arrangements before the effective date of such leases Lessees may have no more than two vehicles on the Premises All leases shall contain a copy of and the lessee s written acceptance of these Rules Upon lease of his Unit, the Unit Owner relinquishes all rights of use of Common Elements for the duration of the lease, but the Unit Owner shall remain responsible for all obligations to the Association and under these Rules and shall be responsible for the actions of his tenant, the tenant s guests and invitees A lessor s failure to comply with this Rule on leasing Units shall be subject to fine as determined by the Board of up to $1,000 for each violation. 16. INCIDENT REPORTING AND ENFORCEMENT 16.1 Infractions and other complaints should be reported to the Property Management Company Disagreements concerning violations, including, without limitation, disagreements regarding the proper interpretation and effect of these Rules, shall be presented to and determined by the Board Any person that fails to abide by these Rules as reasonably interpreted by the Board shall be subject to fine by the Board for each violation. The amount of any fine shall be at the discretion of the Board and except as provided for violations of Unit leasing Rules shall not exceed $100 for each day of violation up to $1,000 per occurrence. All monies collected shall be paid into the Association general fund. Any Resident against whom a fine is to be assessed shall be provided 14 days written notice and an opportunity to be heard before an impartial Infraction Committee as provided in Florida Condominium Law Section 8

9 The Infraction Committee shall consist of not less than two or more than three Residents who are not Directors of the Association and who do not reside in a Director s household. If the Infraction Committee does not unanimously agree with the fine, the fine may not be levied. If fines are not paid within thirty days of the receipt of written notification or where applicable, within thirty days of the decision of the Infraction Committee, the amount of such fine shall bear interest at the rate of 18% per annum until paid If a Unit Owner fails to perform any obligation under these Rules, the Board may, but shall not be obligated to, enter upon the Unit and perform the required obligation on behalf of the Unit Owner. The reasonable costs of such substitute performance shall be assessed against the Unit Owner If the Board of Directors of the Association deems it necessary, it may bring an action in law or in equity, in the name of the Association, to enforce these rules and regulations, including the provisions herein for fines, damages and charges for substitute performance. In the event the Association is the prevailing party, the Association shall, in addition, be entitled to recover its costs and attorneys fees incurred in enforcing these rules and regulations. 17. GENERAL RULES 17.1 Whenever a Unit is to be left unoccupied for a period of three (3) consecutive days or longer, the Owner of such Unit shall turn off the main water supply line and all water heaters serving such Unit. Each Unit Owner shall be strictly responsible for and shall bear all expense related to such Unit, other Units, or the Common Elements, which would not have occurred but for the Owner failing to comply with the preceding sentence. Further, nothing contained in this Rule shall eliminate or limit a Unit Owner s responsibility or liability for damages to such Unit, other Units, or Common Elements that would otherwise exist in the absence of this rule. [Added June 15, 2012.] 17.2 All Residents and their guests, lessees, and invitees shall comply with all of the terms, conditions, covenants, restrictions and limitations contained in the Declaration of Condominium, the Articles of Incorporation, the By-Laws, and these Rules There shall be no marking, marring, damaging, destroying or defacing of any part of the Condominium Land or property. Unit Owners shall be held responsible for, and bear any expense of such damage caused by said Owner, his family, guests, lessees and invitees The Unit Owner is responsible for, and shall bear any expense and fines related to any damage to the Common Elements caused by moving to or 9

10 removing from their Units household furnishings or other objects, or caused by any other deliveries to or from Units by their invitees The Boards and Directors shall have no personal liability for any actions or inactions made in good faith and may act in their sole discretion Any failure of the Board to enforce a Rule shall not prevent the Board from enforcing the Rule at a later time or in other circumstances. No failure to enforce for any length of time shall constitute approval of the violation or waiver of right to enforce in that or any other instance. Likewise, any approval granted by the Board is not approval for like action in the future by other Residents Unit Owners and Residents are responsible for giving copies of these Rules to all purchasers, lessees and, if the Unit Owner is not in residence, guests. 18. GOVERNANCE 18.1 Approvals required from the Board must be in writing These rules may be amended by the Board from time to time without prior notice to Residents. Revised 10/26/