Horseshoe Acres Club

Transcription

1 Horseshoe Acres Club Rules & Regulations Date Version Description Approved 12/11/18 Original Creation of 12/11/18 Page 1 7

2 Table of Contents 1. ASSESSMENTS AND OBLIGATION TO PAY 3 2. FINES 3 3. GENERAL PROPERTY MAINTENANCE 3 4. ARCHITECTURAL CONTROL COMMITTEE REVIEW 3 5. SECURITY AND ACCESS CONTROL 4 6. DAMAGE TO COMMUNITY PROPERTY 4 7. SIGNAGE 4 8. USE OF RECREATIONAL VEHICLES 4 9. PARKING & TRAFFIC ANIMALS NOISE AND PUBLIC NUISANCE TRASH AND LAWN DEBRIS OUTDOOR DISPLAY OF FLAGS PURCHASE AND RENTAL RULES TRANSFER OF OWNERSHIP 7 Page 2 7

3 1. ASSESSMENTS AND OBLIGATION TO PAY 1.1. Ownership of property in Horseshoe Acres Club obligates the owner to be a member in the Horseshoe Acres Club Homeowners Association (HOA) Horseshoe Acres Club is a Homeowner Association governed by Florida Statute 720. This statute and the community documents provide protection to the HOA in terms of the fiscal responsibility of its owners. The owners do not have the right to suspend or avoid payment. The HOA has lien rights as to any assessments not paid in a timely fashion Horseshoe Acres Club HOA has an annual budget as determined by the BOD. Owners are obligated to pay the annual assessments in full each year no later than communicated due date. This is not optional. Payments received more than fifteen (15) days after the due date will be assessed a $40 late fee. Unpaid accounts will be referred to the Association attorney and the delinquent owner will be responsible for all legal fees and costs Article V, Section F of the Covenants stipulates that Horseshoe Acres Club has the power to suspend any rights and privileges of a member until all assessments are paid. 2. FINES 2.1. The Board has a fining process in place in accordance with Florida Statute The BOD will make reasonable attempts to encourage the residents to uphold their obligations. When residents do not comply with those obligations, the fining system will be utilized to encourage members to bring their property or actions into compliance. 3. GENERAL PROPERTY MAINTENANCE 3.1. It is the duty and responsibility of each Owner to maintain his property in a neat and clean manner at his own expense. This provision also applies to vacant lots All residents should strive to maintain a healthy lawn by irrigating, fertilizing, and weeding. This will help to prevent weeds from spreading into neighboring lawns and add to the beauty of the neighborhood The City of Palm Beach Gardens requires that landscape clippings, trimmings and debris shall be placed out at curbside no earlier than the Sunday before the Tuesday collection and containers must be removed the day of collection. This is a Palm Beach Gardens Ordinance Landscape debris, garbage cans, recycling bins or other debris shall NOT be placed on roadways, neighboring or common property at any time. Any owner found to place these items in the street may be subject to fines for each day of the violation. This is a danger to drivers and pedestrians Hurricane Shutters: Hurricane shutters of any type should only be used to close building openings up to five days prior to the approach of a National Hurricane Center named storm. Shutters must be removed within seven (7) days after the storm passes. According to City Code, all shutters must be removed by December 1. Due to safety concerns, fireman will not enter a home with shutters due to the risk of becoming trapped inside. 4. ARCHITECTURAL CONTROL COMMITTEE REVIEW 4.1. Article II of the Horseshoe Acres Declaration of Restrictive Covenants requires plans to be submitted to the Architectural Control Committee (ACC) for review and approval of any construction on a lot. Certain maintenance activities also require review and approval by the ACC. A list of improvements and maintenance activities requiring ACC approval is included in the Horseshoe Acres Development and Maintenance Guidelines. Page 3 7

4 4.2. Owners are required to submit all required information together, including payment of the ACC administrative fee, at least one week prior to the next scheduled ACC meeting in order to be included on the agenda. There are no exceptions The application and other information is found on the Horseshoe Acres Club website Please reference the Development & Maintenance Guidelines for more information regarding the ACC and Owner s responsibilities. 5. SECURITY AND ACCESS CONTROL 5.1. All residents are granted unrestricted access to the community by using the left entry lane and entering the gate code. In addition, residents may choose to purchase a barcode sticker to apply to their vehicle that enables convenient entry via the right lane All visitors, service personnel, contractors and delivery companies should contact the resident with whom they are coming to see by using the keypad at the front entry gate. The resident can allow access remotely after confirming the visitors identity Resident gate codes should NEVER be communicated to occasional visitors, service personnel, contractors or delivery companies as this compromises the overall security of the community. Unique, temporary entry codes can be requested for special events by completing the Request for Special gate Access Code form on the website. 6. DAMAGE TO COMMUNITY PROPERTY 6.1. Damage to the gate arms at the entry or exit gates is subject to a fine of $300 per arm for non-property owners and $75 per arm for property owners. 7. SIGNAGE 7.1. Allowable signage is addressed in the Declaration of Restrictive Covenants, Article II, paragraph I. 8. USE OF RECREATIONAL VEHICLES 8.1. Vehicles not licensed for use on public roads through the Department of Motor Vehicles (DMV) are not allowed to be operated within Horseshoe Acres. This includes, but is not limited to, utility type vehicles, all-terrain vehicles (ATV), motorized scooters, dirt bikes and mini-cycles Golf Carts are the only DMV non-registered vehicles allowed in Horseshoe Acres Club Golf carts must be registered with the BOD using the registration form on the Horseshoe Acres Club website. The specific rules governing their use are listed on the registration form Any resident receiving more than one warning of reckless driving will be fined and the matter of revocation of the registration will be considered. 9. PARKING AND TRAFFIC 9.1. No motor vehicles or golf carts of any type shall be parked upon any sodded area of the community property. Violators may be assessed a fine The Board shall have the right to post vehicle speed limits throughout the community and to promulgate traffic regulations for the Roads The speed limit on all roadways in HAC is 25 miles per hour. All operators of vehicles, including golf carts, shall obey the motor vehicle traffic control devices placed within HAC including but not limited to, stop signs and speed limits The Board may also promulgate procedures for the enforcement of the traffic regulations, including, without limitation, the assessment of fines against owners who violate the traffic Page 4 7

5 regulations and against Owners whose family members, and guests, invitees licensees, employees or agents violate traffic regulations. The fines will be levied as an individual assessment upon the Owner who violates the traffic regulations, or upon the Owner Outside vendors may be denied access to HAC after repeated violations Vehicles from contract or service personnel are to be parked on the property of the resident for which they are providing support Tailgating through the gate following an another vehicle without using one of the following authorized entry methods is strictly prohibited. Authorized entry includes the use of a barcode decal (right lane), manual code entry or remote access granted by a resident (left lane). Violators will be assessed a fine of $100 per occurrence. All violations are captured on video. Failure to pay will result in a No Trespass order and permanent ban from the community. 10. ANIMALS The Declaration of Covenants, Article II, paragraph D limits animals in our community to customary domestic household pets and horses Up to three (3) horses may be kept on a property at any given time The City of Palm Beach Gardens Ordinances Chapter 14-1 (c) and 14-6 (c) address leash and noise ordinances regarding animals Please afford your neighbors the courtesy of keeping your dogs in compliance with these city ordinances as well as removing your animal s droppings from neighboring properties. 11. NOISE AND PUBLIC NUISANCE The City of Palm Beach Gardens Ordinances, Article III, Section 34, addresses neighborly conduct regarding noise; either generated by person or equipment. 12. TRASH AND LAWN DEBRIS Garbage cans, recyclables and trash shall be placed out at curbside no earlier than noon on the day before collection and the containers must be removed the day of collection. Service days are: Garbage Tuesday and Friday Recycling Friday Bulk, Landscape Debris Tuesday only It is strictly prohibited to bring trash, debris or recyclables generated outside the community into the community for disposal. This includes items generated from work and articles from other properties owned by the Horseshoe Acres resident Landscape clippings, trimmings and debris shall be placed out at curbside no earlier that the Sunday before the Tuesday collection and containers must be removed the day of collection. This is a Palm Beach Gardens Ordinance. Residents should call Waste Management at to schedule a bulk pick up for clippings, trimmings and debris Landscape debris, garbage cans, recycling bins or other debris shall NOT be placed on roadways, neighboring or common property at any time. All debris must be placed on your own property. Any owner found to place these items in the street may be subject to fines for each day of the violation. Page 5 7

6 13. OUTDOOR Outdoor clotheslines and outdoor clothes drying are permitted if the clothesline cannot be seen from the street. No antennas, aerials or satellite dishes of any kind shall be placed upon the roof exterior of any property if it is visible from the street and must be approved by the ACC. Other than vehicles, patio furniture and lawn ornaments, all equipment, tools and recreational equipment should be stored out of public view. 14. DISPLAY OF FLAGS Horseshoe Acres Club limits the flags displayed on any lot to the type, number and size outlined in Florida Statute Notwithstanding 14.1, Horseshoe Acres Club permits Owners to substitute the secondary flags referenced in Florida Statute with one of the following: A Thin Blue Line, Thin Red Line, Thin Green Line or Thin Blue/Thin Red Line flag A flag supporting a professional or college sports team A flag of your home country US Holiday flags Such additional flag must be equal in size to or smaller than the United States flag. This equals a maximum of two portable, removable flags or two flags on a flagpole, regardless of size or subject. Accordingly, if four flags are displayed on the property, two of the flags must be US flags and two of the flags must be on a permanent flagpole The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents No other flags are permitted to be displayed, including but not limited to political flags, flags associated with hate groups, neo-nazi or radical groups, flags of civic organizations, etc Flags must not be worn, torn or tattered. 15. PURCHASE AND RENTAL RULES The safety of our community is paramount and awareness of who is living our community is a key to that safety. Article IV, Paragraph 6 of the Bylaws gives the Board of Directors the responsibility to approve or disapprove of any prospective owner or lessee for financial or moral reasons Prospective owners or lessees must submit an application to Horseshoe Acres Club. This includes prospective renters for any duration of stay. The application fee is $250 and includes a background check performed by a third party enlisted by Horseshoe Acres Club No property may be rented for a period less than three (3) months No property may be rented more than two (2) times per calendar year. A property is considered to have been rented even if a tenant vacates the property prior to the end of the lease Horseshoe Acres Club reserves the right to deny the renewal of any lease based on financial or moral reasons The HOA may deny a rental if the owner is delinquent in assessments or in violation of the rules Any owner found to be renting in violation of these rules may be fined up to $1,000 per occurrence. Any unpaid fines may become a lien that may be foreclosed on by the Association Page 6 7

7 16. TRANSFER OF OWNERSHIP The Declaration of Restrictive Covenants, Article XI, provides Horseshoe Acres Club with the Right of First Refusal to acquire any property for sale in the community. These Rules and Regulations may be modified, added to, or repealed in accordance with the Covenants, Articles and By-Laws of the Association. Any consent or approval given under these Rules and Regulations by the Association may be revocable at any time by the Board of Directors. Violation of these rules may result in fines or fees assessed to the resident in accordance with FL Statute 720 as amended over time. Page 7 7