Pebble Creek Rules and Regulations 2012

Transcription

1 PEBBLE CREEK CONDOMINIUM ASSOCIATION RULES AND REGULATIONS- As amended and adopted The Rules and Regulations hereinafter enumerated as to the Association properties, Condominium property, the common elements, the limited common elements, and the units, shall be deemed in effect until amended by the Board of Directors of the Association and shall apply to and be binding upon all unit owners and lessees. The unit owners and lessees shall abide by these Rules and Regulations and shall require that their families, guests, invitees, servants, lessees and persons over whom they exercise control and supervision abide by them. These Rules and Regulations are subject to amendment by the Association s Board of Directors and shall in no way be deemed to limit, restrict, or otherwise modify any provision of the Association Condominium Documents governing the property. The Declaration of Condominium is the governing document for the property and may only be amended by the Association members at a legally called meeting of the membership. Owners and renters should become familiar with both the Declaration of Condominium and these Rules and Regulations, and by virtue of buying or leasing in Pebble Creek have agreed to comply with same. These documents are available through our management company or at Pebble Creek s web site, Problems or non-compliance with these Rules and Regulations should be reported, in writing, to the Management Company or the Property Manager. Members of the Association s Board of Directors should not be contacted personally regarding these Rules and Regulations. The Board has put in place a procedure for handling violations of Pebble Creek s Declaration of Condominium, By-laws, and Rules and Regulations. This procedure, attached to these Rules and Regulations as Addendum A, is incorporated into and made a part of these Rules and Regulations. 1

2 Table of Contents Page 1. Common Areas 3 2. Alterations of Condominium 5 3. Window Coverings 6 4. Hurricane Shutters 7 5. Emergencies in Owner's Absence 7 6. Unit Preparation in Owner's Absence 7 7. Pets 8 8. Prohibited Vehicles, Parking and Garages 9 9. Swimming Pool, Hot Tub, and Sauna Clubhouse and Fitness Room Trash and Recycling Signs Leasing of Units Occupancy in Absence of Owner Condominium Fees and Late Payment Penalties Required Maintenance Vendors 21 Addendum A: Procedures for Handling Violations 22 Addendum B: Regulations for Unit Alterations/Modifications 24 2

3 1) COMMON AREAS: A) When called from the Pebble Creek gate by a guest, you may open the gate by pressing 6 on your landline telephone. You may also press 6 on your cell phone if you have forwarded your land line incoming calls to your cell phone. B) For the security of all residents, the gate code should be disclosed to non-residents only with discretion. C) Abide by all traffic signs and our 15 mph speed limit. D) The streets, sidewalks, walkways, entrances and stairs (both in the common areas and those from the private lanais facing the lake) must not be obstructed or used for any purpose other than ingress and egress to and from the units E) Up to three (3) decorations may be placed in the area outside of the doors of a residence so long as they do not extend beyond seven (7) feet from the door in any direction and do not block the access to and from the residence (foyer) or the common walkways (throughways) of the building. In addition, one (1) doormat and one (1) wreath per door are allowed. No item may be attached to the exterior walls of the building. Items of a NON- DECORATIVE NATURE are prohibited. During hurricane season (i.e., June 1 through November 30), all decorations must be removed from the common area outside the entrance during periods of absence in excess of seventy-two (72) hours. If property is not removed during periods of absence in excess of seventy-two (72) hours during hurricane season, the Property Management Company has been instructed to place the items inside the owners unit and notify the owner by letter. If an owner places decorative items in the common area, the owner assumes maintenance responsibility and agrees to pay any expense associated with damages resulting from the items. Please also see Section 6 of these Rules and Regulations, discussing unit preparation in Owner s absence, and pay particular attention to Section 6B, discussing removal of items from the lanai if you do not have hurricane shutters. 3

4 F) Personal property shall not be stored or kept outside an owners' garage. G) No bicycles, garbage cans, containers, beach chairs, umbrellas, shoes or other items of an unsightly nature shall be placed on the walkways, driveways, hallways, balconies, entryways or other common areas. H) No towels, cloths, clothing, rugs, mops, or laundry are permitted to be hung from any of the windows, doors, walkways, railings, balconies, or lanais', or exposed on any part of the common areas. The common areas shall be kept free and clear of refuse, debris, or other unsightly materials. Do not sweep or throw dirt, water, or other substances of the unit onto the common areas or onto another unit property. I) Be considerate. No disturbing noises that would interfere with the rights, comfort, or convenience of other occupants will be permitted. Outside your condominium, including on your lanai, please speak quietly on your cell phone so as not to disturb your neighbors. Do not operate audio, television, radio, or musical instruments in such a manner as to unreasonably disturb or annoy other occupants. Report any habitual or consistent noise and other disturbances to the Property Manager. If immediate attention is necessary, contact the Collier County Sheriff. J) Gas and charcoal grills are not permitted on lanais, walkways, balconies, or any other area of the buildings or grounds. Electric grills are permitted on lanais only. Gas grills are located in the pool area for use by residents. The grills are available for the use of all residents. Be Considerate. If both grills are in use, share when possible. Residents are responsible for turning off grills and cleaning after each use. For sanitary reasons and pest control, the grills will be removed if not properly maintained and cleaned by users of the grills. K) No flammable, combustible, or explosive fluids, or chemicals, shall be kept in any unit, garage or common area, except those 4

5 necessary for normal household use. No one is permitted on the roof of any building unless such persons are authorized for purpose of maintenance. And, owners' needing access to the roof in buildings 15,16 and 17 must contact the Property Manager at least 24 hours prior to the contractor's arrival with the contractor's name, and the date and time access will be needed. L) No exterior radio or television antenna installation is allowed other than those antennas required to be allowed by the FCC, such as a small satellite dish antenna installed on an owners limited common element (lanai) for his/her exclusive personal use. An owner wishing to install a satellite dish should first contact the Property Manager. M) Skate boards, in-line skates, roller-blades, bicycles, tricycles, scooters, and similar types of non-motorized activities are not permitted on walkways, landings, elevators, sidewalks, walkways around the lake, or in the pool area. These activities are permitted on the asphalt roadway only, but at your own risk. N) No fishing, swimming or boating is permitted in the lake. 2) ALTERATIONS OF CONDOMINIUM: Before making any alterations, improvements, or modifications to his unit, or the common elements, an owner should familiarize himself/herself with Section 11 of the Declaration of Condominium for Pebble Creek and must comply in full with all applicable requirements set forth in Section 11 of the Declaration. A) As stated in Section 11.5 of Pebble Creek s Declaration of Condominium ( Declaration ): No owner shall make or permit making of any material alterations or substantial additions to his unit or the common elements, or in any manner change the exterior appearance of any portion of the Condominium, without first obtaining the written approval of the Board of Directors, which approval may be denied if the Board of Directors determines that the proposed modifications or alterations would adversely affect, or in any manner be detrimental to, the Condominium in part or in whole. Any glass, screen, curtain, blind, shutter, awning, or other modifications, additions or installations which may be installed 5

6 where visible from outside the unit, are subject to regulation by the Board of Directors. No owner may alter the landscaping of the common elements in any way without prior Board approval. The Board of Directors may revoke or rescind any approval of an alteration or modification previously given, if it appears that the installation has had unanticipated, adverse effects on the Condominium. B) As stated in Section 11.3 (C) of the Declaration: All units above the first floor shall always have the floors covered with wall-towall covering installed over high quality padding, except carpeting is not required in kitchens, bathrooms or laundry rooms. An owner who desires to install in place of carpeting, any hard-surface floor covering (e.g., marble, slate, ceramic, tile, parquet) anywhere within the unit shall also install a sound-absorbent underlayment of such kind and quality as to substantially reduce the transmission of noise to adjoining units, and must obtain written approval of the Board of Directors prior to any such installation. If the installation is made without prior approval, the Board may, in addition to exercising all the other remedies provided in (the) Declaration, require the unit owner to cover all such hard surface flooring with carpeting, or require the removal of such hard-surface flooring at the expense of the offending unit owner. No carpeting of any kind may be installed on or affixed to concrete surfaces exposed to the elements. The term hard surface floor covering also refers to wood floors; it is not limited to parquet. C) In regard to the forgoing, the Board has adopted Rules and Regulations for unit alterations/modifications. These Rules and Regulations are attached hereto as Addendum B.. 3) WINDOW COVERINGS: As stated in Section 11.3 (D) of the Declaration: The covering and appearance of windows and doors, whether by draperies, shades, reflective film or other items, whether installed within or outside the unit, visible from the exterior of the unit, shall be subject to the Rules and Regulations of the Association. In this regard, the Board has adopted the following Rule and Regulation: Window coverings include draperies, shutters, shades, or blinds. Such window coverings may be installed in unit windows but must have a neutral or white appearance from the exterior of the unit that is 6

7 consistent with the exterior colors of the building. No towels, sheets, rags, cardboard, paper, wood, or any other material may be placed in a window. 4) HURRICANE SHUTTERS: As stated in Section of the Declaration: (T)he Board of Directors shall adopt as required by law a model, style and color of hurricane shutter as a standard for use in the condominium. No hurricane or storm shutters, except the standard model, color and style adopted by the Board of Directors shall be installed upon the Condominium. In this regard, the Board has adopted such standards for use throughout the condominium property. These standards may be found on Pebble Creek's web site or you may request a copy from the Property Manager. 5) EMERGENCIES IN OWNER S ABSENCE: As stated in Section 11.8 of the Declaration: (N)o unit owner shall alter any lock, nor install a new lock, which prevents access when the unit is unoccupied, unless the owner provides a key to the Association. If the Association is not given a key, the unit owner shall pay all costs incurred by the Association in gaining entrance to the unit, as well as all damage to his unit caused by gaining entrance thereto, and all damage resulting from delay in gaining entrance to his unit caused by the unavailability of a key. In this regard, the Board has adopted the following Rules and Regulations: Owners shall provide the association with duplicate keys and the security alarm code, if any, for each unit and garage, which keys will be securely stored in the gatehouse office. 6) UNIT PREPARATION IN OWNER S ABSENCE: Any unit owner who plans to be absent from his/her unit for a period of time must prepare the unit prior to departure as follows: A) If the period of absence is, more than forty-eight (48) hours-turn off the water at the unit's main shut off valve. B) During hurricane season (i.e., between June 1 and November 30), if the period of absence is greater than seventy two (72) hours, and if the lanai is not properly enclosed with Board approved standard hurricane shutters, then all furniture, plants, ceiling fan blades, mats and other movable objects are to be removed from the lanai. In the event the property is not removed, the Property Manager has been instructed to place the property inside the unit and notify the owner by letter. 7

8 C) Designate a responsible local caretaker to care for the unit. It is recommended that the caretaker check the unit at a minimum of every two weeks. The caretaker or the Property Manager should also have a key to any vehicle left on the property, even if the vehicle is left in a garage, in the event the vehicle is required to be moved. The Property Manager shall be provided with the name and telephone number of a unit owners' designated caretaker. D) Vehicles normally parked in a garage may not be parked or stored in outside parking spaces during a resident's extended absence. Second vehicles may be parked in the outside parking places during short periods of absence from the premises, but only after receiving permission from the Property Manager and after providing the Property Manager with the name of the local caretaker who has a key to the vehicle. E) During hurricane season (i.e., between June 1 and November 30), when an owner is absent from the premises for a period in excess of seventy-two (72) hours, the owner must notify the Property Manager. F) Damages caused to the complex or the property of another owner resulting from an owner's failure to comply with this section will be deemed the responsibility of the owner who failed to comply with this section. 7) PETS: As stated in Section 12.4 of the Declaration: The owner of each unit may keep one (1) small pet, of a normal domesticated household type (such as a cat or dog) in the unit weighing no more than twenty-five (25) pounds and measuring no more than eighteen (18) inches at shoulder height. Attack dogs such as pit bulls, akitas, dobermans, and such other types are prohibited. The pet must be carried under the owner s arm or be leashed at all times while on the condominium property outside of the unit. The ability to keep such a pet is a privilege, not a right, and the Board of Directors is empowered to order and enforce the removal of any pet, which becomes a source of unreasonable annoyance to other residents of the condominium. No pets of any kind are permitted in leased units. No reptiles, monkeys, rodents, amphibians, poultry, swine or livestock may be kept in the condominium. All pets must be 8

9 registered with the Association under the Registration Procedures determined by the Board of Directors. In this regard, the Board has adopted the following Rules and Regulations: A) No creatures other than dogs, cats, or fish in an aquarium, may be kept in a condominium. B) Pets are not permitted in the gatehouse office, pool area, and clubhouse, or fitness area at any time. C) Tenants and guests are not permitted to keep pets in a unit or bring pets on the Condominium property at any time. D) An owner who keeps cat or dog in his/her unit shall register that pet with the Property Manager in the gatehouse and provide evidence that the pet s rabies and distemper vaccinations are current. Such information shall be updated annually. The owner will be given a tag to affix to the pet s collar. The pet s owner shall be liable for all damages or injury to persons or property caused by such pet. The ability to keep pets is a privilege restricted to unit owners and not a right. E) The pet owner shall immediately remove any animal droppings left by such owner s pet and dispose of the animal droppings by placing same in the dumpster in a sealed, plastic bag. 8) PROHIBITED VEHICLES, PARKING AND GARAGES: As stated in Section 12.8 of the Declaration: A) "Prohibited Vehicles. Trucks, pickup trucks, motorcycles, mopeds, boats, trailers, motor homes, recreational vehicles, campers, mobile homes, non-street licensed vehicles, vehicles obnoxious to the eye, inoperable vehicles, and commercial vehicles not actively servicing a unit are prohibited from being parked or kept on the condominium property." B) "Parking: All vehicles, including those of a guest, must be registered with the on-site supervisor. Parking spaces on the condominium property are for the use of owners or tenants having 9

10 more than one (1) vehicle and for guests. No more than two (2) vehicles per unit in the aggregate are permitted to be parked on the condominium property by the unit s residents. Vehicles are not permitted to be parked on the grass. Vehicles shall not be parked in a manner that will block access or egress to common areas, garages or roadways. All vehicles must be registered with the Association under the registration procedures determined by the Board of Directors. C) Garages: Garage doors must be closed at all times unless the resident is present in the garage. Owners must park a vehicle in their assigned garage prior to parking any vehicle in non-garage parking. Owners, tenants or guests may not store personal property in their garage in a manner that would prohibit the parking of a vehicle in the garage. No vehicle or property stored in a garage can extend into the common garage area or impede the complete closure of the garage door. An owner who leases his unit is not permitted to store a vehicle or otherwise use his garage for storage in any manner that would prevent the tenant from using that garage for parking during the lease period. Vehicles should not be parked or left unattended in the general area of the garage. Cleaning the interior of a vehicle, waxing and checking fluid levels are the only permissible vehicle maintenance within an owner s garage. Other vehicle repairs or maintenance such as changing engine oil or other engine fluids, engine maintenance or repair, body maintenance or repair, and washing or waxing of vehicles is not permitted in the common areas. D) In regard to the forgoing, the Board has adopted the following Rules and Regulations: 1) Cars not parked in the owner s garage, but in the parking spaces on the condominium property, may not be covered with a tarp or other car cover. 2) The Property Manager must be informed at least forty-eight (48) hours in advance of a delivery of a major item to insure that elevator pads will be timely installed. Moving Trucks, delivery trucks and moving in general will not be permitted on the 10

11 property on any Sunday or major Holiday (New Year s Day, Easter, Memorial Day, July 4 th, Labor Day, Thanksgiving and Christmas). All moving must be completed between 8:00 AM AND 5:00 PM on the day of the move. 3) As parking spaces are limited, the Board has decided that the Association will utilize color-coded, numbered stickers or passes that owners will attach to each of their vehicles. This will give the Property Manager better control of which cars belong to owners and which do not. The Property Manager will issue to you stickers or passes with proper instructions upon receipt of your completed and signed Vehicle Registration Form or Forms. This form must be provided to the Property Manager within two business days of your arrival. If at any time you have family and/or guests visiting overnight, you will need to notify the Property Manager in advance, during regular office hours, as posted at the gatehouse, so that a temporary parking ticket can be issued for your visitor s car. 4) Vehicles in violation of the Declarations and these Rules and Regulations may be towed. Before a vehicle is towed, the Property Manager will leave a note on the owner s vehicle specifying why the vehicle is subject to towing and the reason(s) why. If the violation is not corrected within 24 hours, the Property Manager will write a letter to the owner again specifying the violation and again giving the owner 24 hours to correct the violation. This letter will be considered received when placed in the owner s door. If the violation is not corrected within 24 hours after leaving the letter in the owner s door, the offending vehicle will be towed. 9) SWIMMING POOL, HOT TUB AND SAUNA: All owners, renters and guests should remember the pool and recreation area are for the enjoyment of all. Be considerate and refrain from behavior that endangers or infringes on the rights of others to enjoy the facility. Please conduct yourselves in a manner that supports that goal. Your cooperation is expected. 11

12 A) Pool and hot tub hours are daily from one half hour after sunrise to one half hour before sunset. Collier County Law prohibits night swimming without proper lighting and Pebble Creek does not have the required proper lighting. The gazebo and barbecue area may be used until 10:00 PM. B) Smoking is not allowed anywhere in the pool area. C) There is no lifeguard on duty at the pool and so all persons swim at their own risk. Accordingly, persons without swimming skills must be accompanied by a person with swimming skills, regardless of age. For safety reasons, children under 12 years of age must be supervised and accompanied by a parent, grandparent, guardian, or adult unit owner at all times. D) Diving, running, skateboarding, jumping, or throwing balls or other objects into the pool are not permitted. No behavior, which endangers or infringes on the rights of others to enjoy the swimming pool will be tolerated. Floats, rafts, air mattresses, boomerangs, Frisbees and balls are not permitted in the pool at any time. Small children, babies, tots and toddlers may have personal flotation devices, i.e. life jackets, tubes, water wings, etc. E) Small pool toys are permitted in the small pool for children to play with (provided the parent remove them when the child is not in the pool). F) Noodles, used as flotation devices are permitted but should be removed from the pool or pool deck when not being used. G) Glass containers, including drinking glasses are not permitted in the pool area. H) Food is permitted in the gazebo area only. Please dispose of your garbage in the containers provided. I) Lounge chairs must be protected by a towel at all times and should be repositioned upon leaving the pool. 12

13 J) Lounge chairs by the pool MAY NOT be reserved by placing a towel on them. Furniture should not be moved off the pool deck. K) Audio equipment is not permitted without the use of headphones. Audio equipment may be approved for special functions such as water aerobics or community social functions with the express permission of the Board of Directors L) Swim diapers and/or waterproof pants must be used by children who are not toilet trained and by persons who are incontinent. Persons that are ill with diarrhea cannot enter the pool. Owners and tenants will be responsible for the cost of any clean up of messes in the pool caused by them or their family members of their guests. M) CAUTION! Use of the hot tub or the sauna may cause health problems for children or adults with certain health conditions. Children under three (3) are prohibited from entering the hot tub, or sauna. For safety reasons, children under three (3) are prohibited from entering the sauna or hot tub. Children between the ages of three (3) and twelve (12) must be accompanied in the hot tub or sauna by the parent, guardian, grandparent or the owner. ALL PERSONS USE THE HOT TUB OR SAUNA AT THEIR OWN RISK. N) Many of our owners find cell phones to be annoying, disruptive and distracting when used in public areas, especially areas such as the swimming pool, the clubhouse, and the fitness facility. It may not be practical or possible to prohibit cell phones in these areas, but please be aware of and sensitive to others if it is necessary for you to bring a cell phone to these areas. You may do so by limiting the length of calls, the volume of your voice, and by being aware of the proximity of others. 13

14 10) CLUBHOUSE AND FITNESS ROOM: A) Hours for the C lu bhouse an d Fitn e ss Room a r e 6 : 00 a.m. to mi dnight. When using the Clubhouse and Fitness Room, please respect the rights of others and refrain from behavior which endangers or infringes on the rights of others to enjoy the facility. Please conduct yourselves in a manner that supports that goal. Your cooperation is expected. B) Wet swimsuits may not be worn in the clubhouse or fitness room. C) Smoking is not allowed in either the Clubhouse or the fitness room. D) Shirts, shorts and footwear are required in the clubhouse and the fitness room. E) Audio equipment is not permitted without the use of headphones. F) Proper recreational attire and rubber-soled shoes must be worn in the fitness room. G) Use of fitness room equipment should be limited to 30 minutes when others are waiting H) Fitness room equipment surfaces should be cleaned after use with disinfectant spray and paper towels provided. I) There is no physical trainer or fitness instructor on duty in the Fitness Room, and so anyone using the Fitness Room does so at their own risk. For safety reasons, children under sixteen (16) must be under the supervision of an owner, parent, guardian or grandparent when using the Fitness Room. J) RESERVING THE CLUBHOUSE: The clubhouse is generally available for use by all residents. The clubhouse may only be reserved by an owner for a private function by contacting the Property Manager and obtaining his/her approval. Private functions are not allowed on Super Bowl Sunday, and may not 14

15 conflict with Pebble Creek Board meetings and social events. A security deposit will be charged for the use of the clubhouse for a private function. The security deposit will be refunded provided there is no property damage and the clubhouse is left in a clean and orderly condition. Owners are responsible for any damage or cleaning required based on their use of the clubhouse for a private function. The pool, hot tub, grills, sauna or gazebo may not be reserved and may not be used as part of any function beyond the posted hours of operation for those facilities. These areas must also be left in a clean and orderly fashion. In the gazebo especially, the tables and chairs must be wiped down and garbage taken to the trash room. 11) TRASH AND RECYCLING: A) All trash and garbage, except items to be recycled, must be bagged and sealed in sturdy garbage bags and deposited down trash chutes of the buildings or placed in dumpsters located in the trash rooms of the buildings. B) All boxes and large items must be broken down before being placed in the chute or dumpster. C) Shipping pellets must be bagged. The following items should be recycled as instructed: (Items in two (2) through five (5) can be commingled and placed in the appropriate recycle container.) 1) Newspapers Place loose newspapers (not in Bags) in the recycling bin labeled Newspapers Only. Remove all glossy inserts. No magazines, phone books or other paper products. 2) Plastics #1 & #2 Soft drink bottle, milk and water bottles, cooking oil containers and some detergent bottles. Look on the bottom of these containers for the #1 PET or #2 HDPE symbols. Rinse first and discard lids. No plastic bags or wrappings. 3) Tin/Steel Cans Rinse first and discard lids. Removal of labels is not required. No structural or scrap metal. 4) Aluminum Beverage Cans Rinse first. Containers only No window frames, aluminum foil, pie pans, or scraps or structural aluminum. 5) Clear, Green and Brown Glass Rinse first and discard lids. 15

16 Removal of labels is not required. No light bulbs, drinking glasses, plates, glass, mirrors, clay flower pots, ovenware, crystal or ceramics. 6) Do not place items, which do not fit in the garbage chute in the garbage chute rooms; place them in the container in the trash area. 7) Construction materials may not be put in the dumpster and must be disposed of by the contractor. Paint, electronics, and hazardous materials may also not be put in the dumpster but must be taken to the Naples Recycling Center. 12) SIGNS: As stated in Section 12.6 of the Declaration: No person may post or display For Sale, For Rent or other similar signs anywhere within the Condominium or on the condominium property, including those posted in windows of buildings or motor vehicles. An Open House sign, approved by the Pelican Bay Foundatation, is permitted outside the front gate during an open house and must be placed on the condominium property lawn next to the sidewalk. Realtors and/or unit owners are required to use the Open House Advertising Board at the main entrance and must abide by the Open House policy. All numbers related to advertising on said board must be obtained from the Association s management company. All advertising must be removed after the open house. The four (4)-digit gate access code may not be posted on the Open House board or any other place that would breach condominium security. Open house hours shall be only at times designated by the Board of Directors." To this end, the Board of Directors designates the following as Open house hours: Saturday and Sunday 1p.m. to 5 p.m. 13) LEASING OF UNITS: As stated in Section 13 of the Declaration: In order to foster a stable residential community and prevent a motel-like atmosphere, the leasing of units by their owners shall be restricted as provided in this section. All leases of units must be in writing. A unit owner may lease only his entire unit, and then only in accordance with this section, after receiving the approval of the Association. The lessee must be a natural person. Declaration 13.1 Procedures (A) Notice by the Unit Owner. An owner intending to lease his 16

17 unit shall give to the Board of Directors or its designee written notice of such intention at least twenty (20) days prior to the first day of occupancy under the lease together with the name and address of the proposed lessee, a fully executed copy of the proposed lease, and such other information as the Board may reasonably require. The Board may require a personal interview with any lessee, and his spouse, if any, as a pre-condition to approval. (B) Board Action. After the required notice and all information or interviews requested have been provided, the Board shall have twenty (20) days in which to approve or disapprove the proposed lease. If the Board neither approves or disapproves within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a letter of approval to the lessee." *** (D) Failure to Give Notice or Obtain Approval." If proper notice is not given, the Board at its election may approve or disapprove the lease. Any lease entered into without approval may, at the option of the Board, be treated as nullity, and the Board shall have the power to evict the lessee with five (5) days notice, without securing consent to such eviction from the unit owner. (E) Applications; Assessments. Applications for authority to lease shall be made to the Board of Directors on such forms and include such terms as the Board may provide from time to time. The legal responsibility for paying condominium assessments may not be delegated to the lessee. (F) Committee Approval. To facilitate approval of leases during times when many of the members are not in residence, the Board of Directors may by resolution delegate its approval powers to an ad hoc committee." Declaration 13.2 Term of Lease and Frequency of Leasing "No unit may be leased more than two (2) times in any calendar 17

18 year, with the minimum lease being ninety (90) days. The first day of occupancy under the lease shall determine in which year the lease occurs. No lease may be for a period of more than one (1) year, and no option for the lessee to extend or renew the lease for any additional period shall be permitted. However, the Board may, in its discretion, approve the same lease from year to year. No subleasing or assignment of lease rights by the lessee is allowed. Which calendar year a lease occurs in shall be determined by the first date of occupancy under the lease. Declaration 13.4 Occupancy During Lease Term No one but the lessee, his family members within the first degree of relationship by blood, adoption or marriage, and their spouses and guests may occupy the unit. The total number of occupants of a leased unit is limited to two persons per bedroom." Declaration 13.6 Use of Common Elements and Association Property "To prevent overtaxing the facilities, a unit owner whose unit is leased may not use the recreation or parking facilities during the lease term, except as the guest of another owner. Declaration 13.7 Regulations by Association All of the provisions of the condominium documents and the Rules and Regulations of the Association shall be applicable and enforceable against any person occupying a unit as a lessee or guest to the same extent as against the owner. In addition, the unit owner is liable for all acts of their tenant and tenant s guests. A covenant on the part of each occupant to abide by the Rules and Regulations of the Association and the provisions of the condominium documents, designating the Association as the owner s agent with the authority to terminate any lease agreement and evict the tenants in the event of breach of such covenant, shall be deemed to be included in every lease agreement, whether oral or written, and whether specifically expressed in such agreement or not." 18

19 Declaration 13.8 Fees and Deposits Related to the Lease of Units "Whenever herein the Board s approval is required to allow the lease of a unit, the Association may charge the owner a preset fee for processing the application, such fee not to exceed the maximum amount allowed by law. No fee may be charged for approval of a renewal or extension of a lease with the same lessee. The Association may also require any deposits that are authorized by the Condominium Act as amended from time to time. In regard to the forgoing, the Board has adopted the following Rules and Regulations: An owner must provide the lessee with a copy of these Rules and Regulations, certify to the Property Manager that he has done so, require that the lessee complete a vehicle registration form as part of the lease application providing information about the vehicles he intends to maintain on the property, and remove the owners' vehicles from the property. In the event the owner leaves his vehicles in the garage, thus preventing his lessee from parking in the garage, the Board may have the owner s vehicles towed and stored at the expense of the owner. 14) OCCUPANCY IN ABSENCE OF OWNER: As stated in Section of the Declaration: If the owner and his family who permanently reside with him are absent from the unit and are not occupying it, and the unit has not been leased, the owner may permit his unit to be occupied by his guests only in accordance with the following: A) Any one (1) person, who is the parent, child, adult grandchild or sibling of the unit owner or of the unit owner s spouse, if any, may occupy the unit in the absence of the owner for a period not to exceed thirty (30) days. That person s spouse and children if any may accompany him. The total number of occasions for occupancy by all guests combined under this paragraph shall be limited to four (4) in any one (1) calendar year, with a maximum aggregate total of sixty (60) days. B) Houseguests not included within (A) are permitted for only 19

20 one (1) family occupancy in the unit owner s absence and then only with the proviso that the family and its guests consist of no more than six (6) persons. Such guests may stay only one (1) week and the total number of occasions for this type of guest occupancy in any unit shall be limited to two (2) in each calendar year. C) An owner desiring guest occupancy under (A) or (B) above shall give notice to the Association as provided in the Rules and Regulations. In regard to the forgoing, the Board has adopted the following Rules and Regulations: The notice to the Association shall be as follows: If the unit is to be occupied by family or friends of the owner when the owner is not in residence, the owner shall notify the Property Manager by completing the Notification of Related Guest Occupancy form, available at the gatehouse. The party shall also notify the On Site Supervisor of their arrival and departure. 15) CONDOMINIUM FEES AND LATE PAYMENT PENALTIES: A) Association condominium fees are payable monthly on the first day of each month. A late payment penalty will be assessed if a payment is not received by the Property Management Company by the tenth day of the month. Pelican Bay Foundation dues and cable television fees are billed annually and are payable by the date indicated on the billing notice. The Association has adopted an electronic funds transfer program for automatic payment of condominium fees, Foundation dues and cable television fees. The Board will not waive late payment penalties for owners who elect to pay fees and dues by any means other than that program. The Association may from time to time be required to issue additional assessments to cover Condominium expenses. Those assessments are payable by the date indicated on the billing notice. Late payment penalties will also be assessed for failure to timely pay Pelican Bay Foundation dues, cable television fees or other Association assessments dues. The Association will institute legal action to collect delinquent fees or dues from any owner who is two months delinquent. 20

21 B) On November 5, 2008, at a properly noticed meeting with a legal quorum present, the Board of Directors unanimously approved the following Collection Policy with respect to those unit owners in arrears as to the debts (including assessments) they owe to the Pebble Creek Condominium Association, Inc. ( the Association ): When a unit owner is thirty (30) days late in paying debts owed the Association, a certified letter, return receipt requested, will be sent advising such unit owner of the Association s intent to file a lien for said unpaid debts. The unit owner will be given thirty (30) days to pay such debts in response to the mailing of such letter. If the debts are not so paid, the Association will in fact file a lien against the unit owner thirty (30) days thereafter. Foreclosure proceedings will be initiated against the unit owner by the Association s legal counsel thirty (30) to forty-five (45) days later. The Association will charge all applicable interest and a late payment fee (in addition to interest) on all such unpaid debts, as well as bill for all related court costs and attorneys fees incurred by the Association, pursuant to the provisions of Section 10 through of Pebble Creek s Declaration of Condominium. 16) REQUIRED MAINTENANCE: A) Because the expected life of a water heater is ten (10) years, and because a leaking water heater could cause significant damage to the respective unit and neighboring units, water heaters should be replaced when ten (10) years old. B) Dirty dryer vents present a potential fire hazard. As such, dryer vents should be cleaned at least once per year. 17) VENDORS: Except in case of emergency, work performed on or in individual units by vendors is a) expressly limited to Monday through Friday only from the hours of 8:00 AM to 5:00 PM., b) not permitted at any time on Saturday or Sunday. Work performed on common areas of the Association is exempt from these requirements. 21

22 Addendum A: Procedures for handling violations of provisions of Pebble Creek's Declaration of Condominium, Bylaws and Rules and Regulations. The Board of Directors (Board) is informed by the Property Manager or otherwise, that a violation by a unit owner has occurred. Pursuant to our Condo Documents, each unit owner is legally responsible for any and all violations committed by his or her guests (including family members, relatives, in-laws, friends, invitees, licensees etc.) or tenants. A letter will be sent by certified mail, return receipt requested by the Property Manager informing the unit owner that a violation exists, explaining the nature of the violation including the specific provision(s) of the Condominium Documents alleged to have been violated and giving the unit owner 15 days to correct the violation. If the violation involves a health or safety issue, the unit owner will be directed to correct the violation immediately. If the violation is not corrected to the satisfaction of the Board within the time frame set, then a second letter will be sent by certified mail, return receipt requested to the unit owner to immediately correct the violation and further advise the unit owner that, if it is not, the matter will be set down for a hearing date to levy a fine (as set forth below) and/or referred to the Association s attorney for correction. In this letter the unit owner will be told that such legal action could include being sued for a permanent injunction, or damages, or both, and further, that the unit owner would be responsible for the Association s attorney s fees (if the Association prevails) in addition to his or her own attorney s fees. If the Board elects to levy a fine against a unit owner for a noticed but uncorrected violation, then the Board will set the matter down for a hearing date. Not less than 14 days before such date, a letter sent will be sent by certified mail, return receipt requested notifying the unit owner of the following: A) the date, time and place of the hearing; B) a specific statement of the provision(s) of the Condo Documents alleged; C) to have been violated; D) a short and plain statement of the specific facts giving rise to the violation; and 22

23 E) the amount of any fine. Such fine could be up to $100 per violation and up to $100 per day for a continuing violation up to a maximum of $1000 per violation. The hearing will be conducted before a panel of three (3) non-director unit owners appointed by the Board. The unit owner at such a hearing will be given a reasonable opportunity to respond, to present evidence and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Board. If the panel, by majority vote, does not agree with the fine, it may not be levied. If the panel agrees with the fine, then the Board will in fact levy the fine. Alternatively, as mentioned previously, the Board may bring an action for injunctive relief, or damages, or both, against a unit owner for a noticed but uncorrected violation of the provision(s) of our Condo Documents. 23

24 Addendum B: PEBBLE CREEK REGULATIONS FOR UNIT ALTERATIONS/MODIFICATIONS. Before making any alterations, improvements or modifications to his unit or the common elements, an owner should familiarize himself with Section 11 of the Declaration of Condominium for Pebble Creek, quoted in part in Section 2 of Pebble Creek Condominium Association Rules and Regulations, as revised January 2012, and the additional Rules and Regulations set forth below. The Board wishes, however, to emphasize two particular provisions of the Declaration: First, as stated in Section 11.3(E)(2) of the Declaration of Condominium: If a unit owner makes any modifications, installations or additions to his unit or the common elements, the unit owner, and his successors in title, shall be financially responsible for...(2) the costs of repairing any damage to the common elements or other units resulting from the existence of such modifications, installations or additions. Second, as stated in Section 11.3(F) of the Declaration: Whenever a unit owner contracts for maintenance, repair, replacement, alteration, addition or improvement of any portion of the unit or common elements, whether with or without Association Approval, such owner shall be deemed to have warranted to the Association and its members that his contractors is/are properly licensed and fully insured, and that the owner will be financially responsible for any resulting damage to persons or property not paid for by the contractor s insurance. The Board cannot stress strongly enough that owners should contract only with licensed and fully insured individuals and companies. There are two compelling reasons for this. First, requiring proof of insurance and copies of the occupational license from any person entering your unit to perform any service or repair helps protect the owner from potential liability or property damage caused by a contractor hired by the owner. Second, by using a licensed and fully insured contractor, the owner is not only protecting himself or herself from potential losses, but also helping to protect the Association and the owner's neighbors from potential losses as well. For example, if a loss 24

25 occurs due to an act or failure to act by the contractor, and the loss extends to other units and/or Association property, then the liability insurance of the contractor would pay for the loss incurred. With the foregoing in mind, the Board has adopted the following Rules and Regulations: 1. A contractor includes, but is not limited to, tradesmen, workmen and handymen. 2. The Owner/Contractor must have applied for and received any required Building Permit from Collier County before starting work. Please remember too that certain alterations to condominiums must be approved in advance by the Board of Directors. 3. In an effort to reduce disturbing noises, dust and dirt due to alterations, modifications that may interfere with the rights, comforts, or convenience of other Owners within Pebble Creek, an Owner may only perform work and may only have work performed between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except in case of emergency. No work is permitted on Saturday, Sunday or holidays, except in case of emergency. 4. The common areas within Pebble Creek must be maintained in an orderly fashion and be policed and cleaned daily to remove dirt, debris and litter. 5. Dumping of debris, paint, or solvents anywhere on Pebble Creek property is forbidden. No products may be poured down any drain. Contractor tools and containers may not be cleaned in the trash rooms. Construction materials may not be put in the dumpster and must be disposed of by the contractor. Paint, electronics, and hazardous materials may also not be put in the dumpster but must be taken to the Naples Recycling Center. 25

26 6. No signs shall be erected by any Contractor in any area in Pebble Creek unless mandated by authorities having jurisdiction. 7. No supplies or materials will be stored after 5:00 p.m. on common areas or in the Owner s lanai. 8. Vehicles belonging to a Contractor that are leaking any fluid may not be parked anywhere on Pebble Creek property. If such a vehicle leaks fluid while on Pebble Creek Property, it shall be the responsibility of the vehicle owner to clean up the mess to the satisfaction of the Board. Failure to do so shall result in a transfer of this responsibility to the Owner on whose property the work is being done. 9. To respect the peace and privacy of residents and tenants, Contractor personnel may not play music that is audible outside the Owner s unit and may not wander around the common areas. 10. Materials and supplies used by the Contractor, as well as his equipment, must be stored inside the unit and not visible from the exterior. 11. Fabrication, cutting, or other construction activities involving electric cutting machines that create noise and debris are not allowed in the common areas. These activities must be done in the Owner s unit or garage. 12. The cutting of stone, brick, tile, concrete, etc. will only be allowed using a wet saw or device with water to eliminate airborne dust and debris. 13. Neighbors in your building must be notified at least 48 hours in advance when work to be performed in your condominium will create disturbing noises, dust, or dirt. 14. The Board reserves the right to amend, modify, add to, delete or change any of these regulations at any time. 26

27 PEBBLE CREEK CONDOMINIUM ASSOCIATION RULES AND REGULATIONS- As amended and adopted Abridged Copy of Rules and Regulations for Renters, Family, Guests Problems or non-compliance with these Rules and Regulations should be reported, in writing, to the Management Company or the Property Manager. Members of the Association s Board of Directors should not be contacted personally regarding these Rules and Regulations. The Board has put in place a procedure for handling violations of Pebble Creek s Declaration of Condominium, By-laws, and Rules and Regulations. This procedure, attached to these Rules and Regulations as Addendum A, is incorporated into and made a part of these Rules and Regulations. 1) COMMON AREAS: A) When called from the Pebble Creek gate by a guest, you may open the gate by pressing 6 on your landline telephone. You may also press 6 on your cell phone if you have forwarded your land line incoming calls to your cell phone. B) For the security of all residents, the gate code should be disclosed to non-residents only with discretion. C) Abide by all traffic signs and our 15 mph speed limit. D) The streets, sidewalks, walkways, entrances and stairs (both in the common areas and those from the private lanais facing the lake) must not be obstructed or used for any purpose other than ingress and egress to and from the units E) Up to three (3) decorations may be placed in the area outside of the doors of a residence so long as they do not extend beyond seven (7) feet from the door in any direction and do not block the access to and from the residence (foyer) or the common walkways (throughways) of the building. In addition, one (1) doormat and one (1) wreath per door are allowed. Items of a NON- DECORATIVE NATURE are prohibited. F) Personal property shall not be stored or kept outside an owners' garage. G) No bicycles, garbage cans, containers, beach chairs, umbrellas, shoes or other items of an unsightly nature shall be placed on the walkways, driveways, hallways, balconies, entryways or other common areas. H) No towels, cloths, clothing, rugs, mops, or laundry are permitted to be hung from any of the windows, doors, walkways, railings, balconies, or lanais', or exposed on any part of the common areas. The common areas shall be kept free and clear of refuse, debris, or other unsightly materials. Do not sweep or throw dirt, water, or other substances of the unit onto the common areas or onto another unit property. I) Be considerate. No disturbing noises that would interfere with the rights, comfort, or convenience of other occupants will be permitted. Outside your condominium,

28 including on your lanai, please speak quietly on your cell phone so as not to disturb your neighbors. Do not operate audio,television,radio,or musical instruments in such a manner as to unreasonably disturb or annoy other occupants. Report any habitual or consistent noise and other disturbances to the Property Manager. If immediate attention is necessary, contact the Collier County Sheriff. J) Gas grills are located in the pool area for use by residents. The grills are available for the use of all residents. Be Considerate. If both grills are in use, share when possible. Residents are responsible for turning off grills and cleaning after each use. For sanitary reasons and pest control, the grills will be removed if not properly maintained and cleaned by users of the grills. M)Skate boards, in-line skates, roller-blades, bicycles, tricycles, scooters, and similar types of non-motorized activities are not permitted on walkways, landings, elevators, sidewalks, walkways around the lake, or in the pool area. These activities are permitted on the asphalt roadway only, but at your own risk. N) No fishing, swimming or boating is permitted in the lake. 6) UNIT PREPARATION IN OWNER S ABSENCE: Any unit owner who plans to be absent from his/her unit for a period of time must prepare the unit prior to departure as follows: A) If the period of absence is, more than forty-eight (48) hours-turn off the water at the unit's main shut off valve. 7)PETS: As stated in Section 12.4 of the Declaration:C) Tenants and guests are not permitted to keep pets in a unit or bring pets on the Condominium property at any time. 8) PROHIBITED VEHICLES, PARKING AND GARAGES: As stated in Section 12.8 of the Declaration: A) "Prohibited Vehicles. Trucks, pickup trucks, motorcycles, mopeds, boats, trailers, motor homes, recreational vehicles, campers, mobile homes, non-street licensed vehicles, vehicles obnoxious to the eye, inoperable vehicles, and commercial vehicles not actively servicing a unit are prohibited from being parked or kept on the condominium property." B)"Parking: All vehicles,including those of a guest,must be registered with the on-site supervisor. Parking spaces on the condominium property are for the use of owners or tenants having more than one (1) vehicle and for guests. No more than two (2) vehicles per unit in the aggregate are permitted to be parked on the condominium property by the unit s residents. Vehicles are not permitted to be parked on the grass. Vehicles shall not be parked in a manner that will block access or egress to common areas, garages or roadways. All vehicles must be registered with the

29 Association under the registration procedures determined by the Board of Directors. C) Garages: Garage doors must be closed at all times unless the resident is present in the garage. Owners must park a vehicle in their assigned garage prior to parking any vehicle in non-garage parking. Owners, tenants or guests may not store personal property in their garage in a manner that would prohibit the parking of a vehicle in the garage. An owner who leases his unit is not permitted to store a vehicle or otherwise use his garage for storage in any manner that would prevent the tenant from using that garage for parking during the lease period. Vehicles should not be parked or left unattended in the general area of the garage. Cleaning the interior of a vehicle, waxing and checking fluid levels are the only permissible vehicle maintenance within an owner s garage. Other vehicle repairs or maintenance such as changing engine oil or other engine fluids, engine maintenance or repair, body maintenance or repair, and washing or waxing of vehicles is not permitted in the common areas. D) In regard to the forgoing, the Board has adopted the following Rules and Regulations: 1) Cars not parked in the owner s garage, but in the parking spaces on the condominium property, may not be covered with a tarp or other car cover. 3) As parking spaces are limited, the Board has decided that the Association will utilize color-coded, numbered stickers or passes that owners will attach to each of their vehicles. This will give the Property Manager better control of which cars belong to owners and which do not. The Property Manager will issue to you stickers or passes with proper instructions upon receipt of your completed and signed Vehicle Registration Form or Forms. This form must be provided to the Property Manager within two business days of your arrival. If at any time you have family and/or guests visiting overnight, you will need to notify the Property Manager in advance, during regular office hours, as posted at the gatehouse, so that a temporary parking ticket can be issued for your visitor s car. 4) Vehicles in violation of the Declarations and these Rules and Regulations may be towed. Before a vehicle is towed, the Property Manager will leave a note on the owner s vehicle specifying why the vehicle is subject to towing and the reason(s) why. If the violation is not corrected within 24 hours, the Property Manager will write a letter to the owner again specifying the violation and again giving the owner 24 hours to correct the violation. This letter will be considered received when placed in the owner s door. If the violation is not corrected within 24 hours after leaving the letter in the owner s door, the offending vehicle will be towed. 9) SWIMMING POOL, HOT TUB AND SAUNA: All owners, renters and guests should remember the pool and recreation area are for the enjoyment of all. Be considerate and refrain from behavior that endangers or infringes on the rights of others to enjoy the facility. Please conduct yourselves in a manner that supports that goal. Your cooperation is expected.

30 A) Pool and hot tub hours are daily from one half hour after sunrise to one half hour before sunset. Collier County Law prohibits night swimming without proper lighting and Pebble Creek does not have the required proper lighting. The gazebo and barbecue area may be used until 10:00 PM. B) Smoking is not allowed anywhere in the pool area. C) There is no lifeguard on duty at the pool and so all persons swim at their own risk. Accordingly, persons without swimming skills must be accompanied by a person with swimming skills, regardless of age. For safety reasons, children under 12 years of age must be supervised and accompanied by a parent, grandparent, guardian, or adult unit owner at all times. D) Diving, running, skateboarding, jumping, or throwing balls or other objects into the pool are not permitted. No behavior, which endangers or infringes on the rights of others to enjoy the swimming pool will be tolerated. Floats, rafts, air mattresses, boomerangs, Frisbees and balls are not permitted in the pool at any time. Small children, babies, tots and toddlers may have personal flotation devices, i.e. life jackets, tubes, water wings, etc. E) Small pool toys are permitted in the small pool for children to play with (provided the parent remove them when the child is not in the pool). F) Noodles, used as flotation devices are permitted but should be removed from the pool or pool deck when not being used. G) Glass containers, including drinking glasses are not permitted in the pool area. H) Food is permitted in the gazebo area only. Please dispose of your garbage in the containers provided. I) Lounge chairs must be protected by a towel at all times and should be repositioned upon leaving the pool. J) Lounge chairs by the pool MAY NOT be reserved by placing a towel on them. Furniture should not be moved off the pool deck. K) Audio equipment is not permitted without the use of headphones. Audio equipment may be approved for special functions such as water aerobics or community social functions with the express permission of the Board of Directors L) Swim diapers and/or waterproof pants must be used by children who are not toilet trained and by persons who are incontinent. Persons that are ill with diarrhea cannot enter the pool. Owners and tenants will be responsible for the cost of any clean up of messes in the pool caused by them or their family members of their guests. M)CAUTION! Use of the hot tub or the sauna may cause health problems for children or adults with certain health conditions. Children under three (3) are prohibited from entering the hot tub, or sauna. For safety reasons, children under three(3) are prohibited from entering the sauna or hot tub. Children between the ages of three (3) and twelve (12)

31 must be accompanied in the hot tub or sauna by the parent, guardian, grandparent or the owner. ALL PERSONS USE THE HOT TUB OR SAUNA AT THEIR OWN RISK. N) Many of our owners find cell phones to be annoying, disruptive and distracting when used in public areas, especially areas such as the swimming pool, the clubhouse, and the fitness facility. It may not be practical or possible to prohibit cell phones in these areas, but please be aware of and sensitive to others if it is necessary for you to bring a cell phone to these areas. You may do so by limiting the length of calls, the volume of your voice, and by being aware of the proximity of others. 10) CLUBHOUSE AND FITNESS ROOM: A)Hours for the Clubhouse and Fitness Room are 6:00 a.m. to midnight. When using the Clubhouse and Fitness Room, please respect the rights of others and refrain from behavior which endangers or infringes on the rights of others to enjoy the facility. Please conduct yourselves in a manner that supports that goal. Your cooperation is expected. B) Wet swimsuits may not be worn in the clubhouse or fitness room. C) Smoking is not allowed in either the Clubhouse or the fitness room. D) Shirts, shorts and footwear are required in the clubhouse and the fitness room. E) Audio equipment is not permitted without the use of headphones. F) Proper recreational attire and rubber-soled shoes must be worn in the fitness room. G) Use of fitness room equipment should be limited to 30 minutes when others are waiting H) Fitness room equipment surfaces should be cleaned after use with disinfectant spray. I) There is no physical trainer or fitness instructor on duty in the Fitness Room, and so anyone using the Fitness Room does so at their own risk. For safety reasons, children under sixteen (16) must be under the supervision of an owner, parent, guardian or grandparent when using the Fitness Room. 11) TRASH AND RECYCLING: A) All trash and garbage, except items to be recycled, must be bagged and sealed in sturdy garbage bags and deposited down trash chutes of the buildings or placed in dumpsters located in the trash rooms of the buildings. B) All boxes and large items must be broken down before being placed in the chute or dumpster. C) Shipping pellets must be bagged. The following items should be recycled as instructed: (Items in two (2) through five (5) can be commingled and placed in the appropriate recycle container.)

32 1) Newspapers Place loose newspapers (not in Bags) in the recycling bin labeled Newspapers Only. Remove all glossy inserts. No magazines, phone books or other paper products. 2) Plastics #1 & #2 Soft drink bottle, milk and water bottles, cooking oil containers and some detergent bottles. Look on the bottom of these containers for the #1 PET or #2 HDPE symbols. Rinse first and discard lids. No plastic bags or wrappings. 3) Tin/Steel Cans Rinse first and discard lids. Removal of labels is not required. No structural or scrap metal. 4) Aluminum Beverage Cans Rinse first. Containers only No window frames, aluminum foil, pie pans, or scraps or structural aluminum. 5) Clear, Green and Brown Glass Rinse first and discard lids. Removal of labels is not required. No light bulbs, drinking glasses, plates, glass, mirrors, clay flower pots, ovenware, crystal or ceramics. 6) Do not place items, which do not fit in the garbage chute in the garbage chute rooms; place them in the container in the trash area. 7) Construction materials may not be put in the dumpster and must be disposed of by the contractor. Paint, electronics, and hazardous materials may also not be put in the dumpster but must be taken to the Naples Recycling Center. 13) LEASING OF UNITS: As stated in Section 13 of the Declaration: In order to foster a stable residential community and prevent a motel-like atmosphere, the leasing of units by their owners shall be restricted as provided in this section. All leases of units must be in writing. A unit owner may lease only his entire unit, and then only in accordance with this section, after receiving the approval of the Association. The lessee must be a natural person. (D) Failure to Give Notice or Obtain Approval." If proper notice is not given, the Board at its election may approve or disapprove the lease. Any lease entered into without approval may, at the option of the Board, be treated as nullity, and the Board shall have the power to evict the lessee with five (5) days notice, without securing consent to such eviction from the unit owner.

33 Declaration 13.4 Occupancy During Lease Term No one but the lessee, his family members within the first degree of relationship by blood, adoption or marriage, and their spouses and guests may occupy the unit. The total number of occupants of a leased unit is limited to two persons per bedroom." Declaration 13.6 Use of Common Elements and Association Property "To prevent overtaxing the facilities, a unit owner whose unit is leased may not use the recreation or parking facilities during the lease term, except as the guest of another owner. Declaration 13.7 Regulations by Association All of the provisions of the condominium documents and the Rules and Regulations of the Association shall be applicable and enforceable against any person occupying a unit as a lessee or guest to the same extent as against the owner. In addition, the unit owner is liable for all acts of their tenant and tenant s guests. A covenant on the part of each occupant to abide by the Rules and Regulations of the Association and the provisions of the condominium documents, designating the Association as the owner s agent with the authority to terminate any lease agreement and evict the tenants in the event of breach of such covenant, shall be deemed to be included in every lease agreement, whether oral or written, and whether specifically expressed in such agreement or not." Declaration 13.8 Fees and Deposits Related to the Lease of Units "Whenever herein the Board s approval is required to allow the lease of a unit, the Association may charge the owner a preset fee for processing the application, such fee not to exceed the maximum amount allowed by law. No fee may be charged for approval of a renewal or extension of a lease with the same lessee. The Association may also require any deposits that are authorized by the Condominium Act as amended from time to time. In regard to the forgoing, the Board has adopted the following Rules and Regulations: An owner must provide the lessee with a copy of these Rules and Regulations, certify to the Property Manager that he has done so, require that the lessee complete a vehicle registration form as part of the lease application providing information about the vehicles he intends to maintain on the property, and remove the owners' vehicles from the property. In the event the owner leaves his vehicles in the garage, thus preventing his lessee from parking in the garage, the Board may have the owner s vehicles towed and stored at the expense of the owner. 14) OCCUPANCY IN ABSENCE OF OWNER: As stated in Section of the Declaration: If the owner and his family who permanently reside with him are absent from the unit and are not occupying it, and the unit has not been leased, the owner may permit his unit to be occupied by his guests only in accordance with the following:

34 A) Any one (1) person, who is the parent, child, adult grandchild or sibling of the unit owner or of the unit owner s spouse, if any, may occupy the unit in the absence of the owner for a period not to exceed thirty (30) days. That person s spouse and children if any may accompany him. The total number of occasions for occupancy by all guests combined under this paragraph shall be limited to four (4) in any one (1) calendar year, with a maximum aggregate total of sixty (60) days. B) House guests not included within (A): are permitted for only one (1) family occupancy in the unit owner s absence and then only with the proviso that the family and its guests consist of no more than six (6) persons. Such guests may stay only one (1) week and the total number of occasions for this type of guest occupancy in any unit shall be limited to two (2) in each calendar year. C) An owner desiring guest occupancy under (A) or (B) above shall give notice to the Association as provided in the Rules and Regulations. In regard to the forgoing, the Board has adopted the following Rules and Regulations: The notice to the Association shall be as follows: If the unit is to be occupied by family or friends of the owner when the owner is not in residence, the owner shall notify the Property Manager by completing the Notification of Related Guest Occupancy form, available at the gatehouse. The party shall also notify the On Site Supervisor of their arrival and departure. A complete copy of the Pebble Creek Rules and Regulations is available in the gatehouse office or on the Pebble Creek Website. Addendum A: Procedures for handling violations of provisions of Pebble Creek's Declaration of Condominium, Bylaws and Rules and Regulations. The Board of Directors (Board) is informed by the Property Manager or otherwise, that a violation by a unit owner has occurred. Pursuant to our Condo Documents, each unit owner is legally responsible for any and all violations committed by his or her guests (including family members, relatives, in-laws, friends, invitees, licensees etc.) or tenants. A letter will be sent by certified mail, return receipt requested by the Property Manager informing the unit owner that a violation exists, explaining the nature of the violation including the specific provision(s) of the Condominium Documents alleged to have been violated and giving the unit owner 15 days to correct the violation. If the violation involves a health or safety issue, the unit owner will be directed to correct the violation immediately. If the violation is not corrected to the satisfaction of the Board within the time frame set, then a second letter will be sent by certified mail, return receipt requested to the unit owner to immediately correct the violation and further advise the unit owner that, if it is not, the matter will be set down for a hearing date to levy a fine (as set forth below) and/or referred to the Association s attorney for correction. In this letter the unit owner will be told that such legal action could include being

35 sued for a permanent injunction, or damages, or both, and further, that the unit owner would be responsible for the Association s attorney s fees (if the Association prevails) in addition to his or her own attorney s fees. If the Board elects to levy a fine against a unit owner for a noticed but uncorrected violation, then the Board will set the matter down for a hearing date. Not less than 14 days before such date, a letter sent will be sent by certified mail, return receipt requested notifying the unit owner of the following: 1. A) the date, time and place of the hearing; 2. B) a specific statement of the provision(s) of the Condo Documents 3. alleged; 4. C) to have been violated; 5. D) a short and plain statement of the specific facts giving rise to the violation; and the amount of any fine. Such fine could be up to $100 per violation and up to $100 per day for a continuing violation up to a maximum of $1000 per violation. The hearing will be conducted before a panel of three (3) non-director unit owners appointed by the Board. The unit owner at such a hearing will be given a reasonable opportunity to respond, to present evidence and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Board. If the panel, by majority vote, does not agree with the fine, it may not be levied. If the panel agrees with the fine, then the Board will in fact levy the fine. Alternatively, as mentioned previously, the Board may bring an action for injunctive relief, or damages, or both, against a unit owner for a noticed but uncorrected violation of the provision(s) of our Condo Documents.

36 Pebble Creek Condominium Association, Inc.