For the Community Commitment to a Better Lifestyle AVERSANA at Hammock Bay Condominium Association, Inc.
Introduction at Hammock Bay Condominium Association, Inc. is providing this set of Rules, Regulations & Architectural Control Standards to the residents, inclusive of owners & renters, as an introduction and reference for the Architectural Standards, Parking Policy, Contractors Policy and Rules & Regulations for The. The following Rules & Regulations and Architectural Control Standards have been adopted by the Board of Directors of the at Hammock Bay Condominium Association, Inc. in accordance with the Covenants and By-laws to not only protect the architectural integrity and harmony of the community, but also to promote the safety and welfare of the residents and to maintain an acceptable quality of life. The Rules & Regulations shall apply to all property owners, their residents, family members, tenants, occupants, agents, visitors, employees and guests; and shall be enforced by the Board of Directors in accordance with applicable Covenants and By-Laws. It should be remembered that the Rules & Regulations do not replace the By-laws, which the Board of Directors uses as its primary governing document. Both documents are in force. In case of a conflict between the wording of these documents, the By-laws will prevail. In establishing and maintaining the Rules & Regulations, or Standards, the Board shall make every effort to ensure that they do not affect Unit owners rights to the enjoyment of reasonable & unrestricted use of their property or privileges of ownership. The Rules & Regulations and Standards may be modified, repealed or amended at any time by a resolution of the Board of Directors when deemed necessary in the best interest of Unit owners/residents and the community. INTRODUCTION 3
GENERAL RULES & REGULATIONS General Rules & Regulations a. These Rules & Regulations shall apply equally to owners, their families, guests, staff and lessees. b. The Board of Directors of the Association shall have all legal remedies available under the law including, but not limited to the right to impose fines for each violation of these Rules & Regulations or any of the condominium documents. c. These Rules & Regulations do not purport to constitute all of the restrictions affecting the condominium and common property. Reference should be made to the at Hammock Bay Condominium Association documents. d. The Condominium & Property Management staff is not permitted to do private work for owners, their families, tenants or guests while on duty. If both parties are agreeable, staff may assist such persons privately when off duty. e. UNIT ACCESS BY ASSOCIATION/ KEYS/FOBS/GATE TRANSPONDERS 1. The Association shall retain a pass key to ALL residences, and the owners shall provide the Association with a new or extra key that shall be keyed to the master key at the front office, whenever locks are changed or added, for the use of the Association pursuant to its statutory right of access to the residences.* *(718.111-(5) RIGHT OF ACCESS TO UNITS The Association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units. 2. Duplication of owners keys to common element facilities is restricted in the interest of security. Such keys shall be duplicated only with the assistance of the Property Management. Changing of locks must be done through Property Management. 4
3. Key Fobs and/or Gate Transponders if lost or stolen should be reported immediately to Property Management for deactivation. Replacement of key fobs and/or gate transponders is at owner s expense. f. MOVING IN/OUT OF RESIDENCES 1. Persons moving furniture and other property into and out of residences must notify Property Management in advance and use the designated access door into the condominium. All such moving must be done Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. NO moving in/out on Saturday, Sunday. NO moving in/out on Holidays that the front office is closed. Moving vans and trucks used for this purpose shall only remain on condominium property when actually in use. 2. Contact Property Management for Saturday special request and fees associated with request. 3. ALL LOADING AND UNLOADING MUST BE DONE THROUGH THE SERVICE ENTRANCE & ONLY USE THE SERVICE ELEVATORS. NO STAGING INSIDE THE BUILDING OR GARAGE AREA. g. SHOPPING CARTS 1. Shopping carts & luggage carts must not be used in the Main Lobby. All loading and unloading of Shopping Carts & Luggage Carts must be done at the Garage level. Carts may only be used in the Service Elevators and must be returned to the Storage Room immediately after use. 2. Shopping carts, luggage carts, boxes or other personal belongings shall not be placed in the hallways for extended periods of time. GENERAL RULES & REGULATIONS 5
AMENITIES & FACILITIES Amenities/Facilities Recreational facilities will be used in such a manner as to respect the rights of others, and the Board of Directors may regulate duration of use, hours of opening and closing, and schedule their use and maintenance. Open Hours: Swimming Pool & Spa Grills & Pool Pavilion Fitness Room & Sauna Social Room & Kitchen Theater Dawn to Dusk 9:00am 10:00pm 6:00am 10:00pm 9:00am 11:00pm 9:00am to midnight a. Swimming Pool & Spa Swimming is entirely at YOUR OWN RISK. LIFEGUARD SERVICE IS NOT PROVIDED AT ANY TIME! Rules posted at the pool and spa must be obeyed at all times. If suntan lotion is to be used a towel must protect lounge chair(s). Each person must dry themselves and any pool toys thoroughly before entering the building. 1. NO LOUD disruptive behavior, nuisance* of any type or illegal or immoral practices will be tolerated. 2. NO DIVING in either the Swimming Pool or Hot Tub (Spa). 3. NO GLASS or FOOD of any kind shall be permitted in the pool area. Any liquid refreshments consumed near the pool area must be in paper, plastic or non-glass containers. 4. Children must be supervised and it is the parents/supervisors responsibility to control their behavior. b. Social Room, Kitchen, Grills and Social Pavilion may be reserved by owners for private purposes only on a first come first served basis. Owners must be present at the private party. Please fill out the appropriate form at the front desk. Owners take full responsibility to clean up facilities afterwards. Observe all instructions provided on Common Elements Private Party Reservation agreement form. A security deposit of $300.00 is required at the time agreement is submitted. The security deposit is fully refundable, given that the conditions in the agreement have been met (See form from Property Management for additional details). 6
c. Theater must be reserved at the front desk. Reservations can be requested up to 24 hours in advance. Key must be returned after use by 9:00 am the next day, On weekends the key should be returned by 9:00 am Monday morning. Observe all instructions given on the Theater Key Request Form. (Available from Property Management) d. Fitness Center Use the equipment at your own risk. Sneakers are to be worn in the fitness center. Observe all instructions posted on the walls. Clean and wipe off equipment with disinfectant & paper towels after use. Children through the age of 13 are not permitted to use the equipment nor be present in the Fitness Center. Children from the age of 14-16 are not permitted to be in the Fitness Room without adult supervision. e. Loud and disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing & playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. *(nuisance: an act, object, or practice that invades or interferes with another s rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful). AMENITIES & FACILITIES 7
CONDUCT Conduct a. Loud & disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing and playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. NO vocal or instrumental practice is permitted after 9:00 p.m. or before 9:00 a.m.* b. Illegal & immoral practices are prohibited. c. NO nuisance* of any type or kind shall be permitted on the Condominium Property. *(nuisance: an act, object, or practice that invades or interferes with another s rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful). d. Occupancy will be denied to any individual convicted of a felony involving violence to persons or property, or a felony demonstrating dishonesty or moral turpitude. 8
Motor Vehicle Operation & Garage Access a. Passenger automobiles, sport/utility vehicles, pickup trucks, vans & motorcycles (used for personal transportation & not commercially) that do not exceed the size of one parking space may be parked in the areas provided for that purpose. Commercial vehicles, commercial trucks, campers, motor homes, trailers, boats & boat trailers are prohibited. b. Exception: Boats & boat trailers may be parked by owners in their private garages. c. ALL vehicles in Garage area have assigned parking spaces & permit tags. Please contact Property Management for permit tags. Permit tags must be visible from outside of the vehicle; place permit tags inside left front windshield. d. All vehicles must be currently licensed & registered with the Front Desk. NO inoperable or unsightly vehicles may be kept on condominium property. Any vehicles that the Property Manager has deemed inoperable or unsightly will be towed at the owner's expense. Owner/renter will be notified in writing and will be given 15 days to respond. e. Vehicle maintenance is not permitted on the Condominium Property. f. Bicycles and mopeds shall be parked only in the bike storage areas or as may otherwise be designated by the Directors. g. Commercial vehicles used by vendors while engaged in work at the at Hammock Bay Condominium Association, Inc. (the Association ) may park only in the service parking area, which is located on the south side of the adjacent to the Lesina building. h. ALL OWNERS, GUESTS AND RENTERS MUST REGISTER AT THE AVERSANA FRONT DESK UPON ARRIVAL. PARKING PERMITS WILL BE ISSUED FOR ALL VEHICLES AND MUST BE CLEARLY DISPLAYED. Failure to comply will result in the removal of your vehicle at owner s expense. MOTOR VEHICLE OPERATION & GARAGE ACCESS 9
COMMON AREAS, BUILDING EXTERIORS Common Areas, Building Exterior a. Exterior radio, television or data reception antenna or any exterior wiring for any purpose may NOT be installed without the written consent of the Board of Directors. b. To maintain harmony of exterior appearance no one shall make any changes to, place anything upon, affix anything to or exhibit anything from any part of the Condominium or Association property visible from the exterior of the building or from common elements without the prior written consent of the Board of Directors; provided, however, that any Owner may display one portable, removal United States flag in a respectful way. 1. All curtains, shades, drapes and blinds shall be white, off white or beige in color or lined with material of these colors. 2. The type and color of balcony tiles must be approved by the Board of Directors. Owners shall submit to the Board at least three (3) samples of requested tile, all of which shall be earth tone in color. 3. Solar window film may be applied to interior of glass. Film shall be gray in color & have no visible foil appearance from exterior. Sample of color, type and shading co-efficient must be submitted for approval to the Board of Directors before installation (samples of approved colors and shading can be seen in the front office). 4. Bird Netting may be installed on balconies on the front side of the building only. Installation must be performed by licensed, approved installer. Netting must be black Polyethylene knotted twine (or equal) with stainless steel wall anchors and stainless steel straining wire. All attachments and hardware must be nonrusting type (i.e. aluminum or stainless). Material, color & type must have written approval of the Board of Directors (sample of approved material can be seen in the front office). 10
c. All common elements inside and outside the building will be used for their designated purposes only, and nothing belonging to owners, their family, tenants or guests shall be kept therein or thereon without the approval of the Board of Directors, and such areas shall at all times be kept free of obstruction. d. NO personal items are to be stored in the hallways and/or common areas, including any pool items, rafts, floaties, and/or boxes. Do not block any stairwell or elevator door. NO storage of personal items, machinery or any other items may be stored within the common areas. e. Loud & disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing and playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. NO vocal or instrumental practice is permitted after 9:00 p.m. or before 9:00 a.m. f. NO nuisance of any type or kind shall be permitted on the Condominium Property.* COMMON AREAS, BUILDING EXTERIORS *(nuisance: an act, object, or practice that invades or interferes with another s rights or interests by being offensive, annoying, dangerous, obstructive, or unhealthful). g. NO GLASS or FOOD of any kind shall be permitted in the pool area. Any liquid refreshments consumed near the pool area MUST be in paper, plastic or non-glass containers. h. NO PROPANE or CHARCOAL barbecue grills will be permitted in the Units, on the Lanais, Terraces or the Limited Common Elements. Exception: Grill in Pool Pavilion maintained by the Association. i. Lawns, shrubbery or other exterior plantings shall not be altered, moved or added to without the permission of the Board of Directors. 11
COMMON AREAS, BUILDING EXTERIORS j. Laundry, bathing apparel and porch accessories shall not be maintained outside of the residences or limited common elements (balconies & terraces), and such apparel and accessories shall not be exposed to view. All balcony furniture and plants should be brought in before leaving for extended periods of time. k. Nothing shall be done or kept in any residence or in the common elements, which will increase the rate of insurance on the building or contents thereof, without the prior written consent of the Board of Directors. NO owner shall permit anything to be done or kept in his residence or in the common elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law or building code. 12
Garbage & Recycling Disposal of garbage and trash shall be only by use of receptacles approved by the Association or by use of garbage disposal units. Specifically, trash placed in the trash chutes must be securely bagged and may not contain breakable glass objects. Food and vegetable scraps are to be disposed of in the individual residence garbage disposals. Recyclables newspapers, paper, small cardboard, plastics, glass bottles & jars, aluminum, steel and metal cans must be taken down to the Garage level and placed into the appropriate recycle container outside of the Trash Room. Large cardboard boxes must be flattened and placed outside of the Trash Room. Bulky items recyclable must be carried down to the TRASH ROOM ON THE GARAGE LEVEL and placed in a recycle bin or outside of the trash room door. Furniture Removal & Other Large Household Items Arrangements for the removal of bulky items such as mattresses, furniture, appliances, must be made with Waste Management. Contact the Property Management for details. NO bulky items are to be left in the garage level, garbage area or garage recycle area. DO NOT PLACE ANY CARDBOARD, BOXES, PET LITTER OR RECYCLABLES IN TRASH CHUTE AND DO NOT ALLOW YOUR VENDORS OR CONTRACTORS TO DO SO. GARBAGE & RECYCLING 13
CHILDREN & GUESTS Children & Guests a. Children shall be under the direct control of a responsible adult. Children under the age of13 may not use the pool or spa unaccompanied by an adult and they shall not be permitted to run, play tag or act boisterously on the condominium property. Skateboarding, Scooters, or loud or obnoxious toys are prohibited. NO bicycles are permitted by the pool or social pavilion. Children may be removed from the Common Elements for misbehavior by or on the instructions of the Association or Property Management. b. Loud & disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing and playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. NO vocal or instrumental practice is permitted after 9:00 p.m. or before 9:00 a.m. c. Parents and adults please be aware of your environment. There are many wild animals in the community. d. Please DO NOT feed the alligators, it is against the law. 14
Pets & Animals a. PETS are not allowed in the Lobby, Social Room, Fitness Center, Pool and/or Spa Area. b. Dogs under 12 lbs may be carried into the Lobby Area ONLY but are not allowed to roam freely or walk on leashes. c. Pets should never be allowed to run freely on any Condominium Property except within a unit. Pets must be leashed and use the Service Elevator only. Each owner shall be responsible for the actions of their pets and for cleaning up after them. d. NO guest or lessee shall bring any animal whatsoever upon the Condominium Property. e. Pet Litter is NOT to be thrown down the trash chute. Place it in a sturdy plastic bag and put on the door handle outside the trash room, garage level. PETS & ANIMALS 15
GUESTS & SUITES Guests & Suites Reservations: no more than 2 months in advance First come first serve Owner must be present a. Guest suites are part of the Common Elements, and are for the use and the convenience of Condominium owners and their guests while the host owner is in residence. The guest suites are not for extended use or for public use. Reservations should be made through the office of Property Management, who will also assist in authorizing access for your guest(s) into the Condominium Property. b. To assure that all owners have fair and equitable access to the suites for their guests, any one owner is limited to two consecutive uses, one use per holiday per calendar year on a rotating basis, and to a maximum of three uses per calendar year, unless Property Management determines that demand for the guest suites allows otherwise, to best accommodate the needs of all owners. c. The maximum stay for guests is 7 days, unless an extension has been specifically authorized by Property Management for not more than seven additional days. d. The guest suite use fee is currently $75.00 per day plus state tax. e. If a cancellation notice is not given 24 hours in advance there will be an appropriate charge billed to the owner s account, not to exceed the guest suite rental fee, unless Property Management is able to still rent the suite. f. Please notify Property Management as soon as possible, but at least 24 hours prior to the date for which the suite is reserved, of any need to cancel your reservation. Your fellow owners would appreciate this courtesy. 16
g. Guests must register at the Front Desk and pick up keys with the Unit owner present after 3:00 p.m. Check-out time is 12:00 noon. A registration form will be available at the Front Desk at the time of check-in. The guest s name, address, telephone number, & vehicle registration information will be requested. h. Maid service will be provided daily except Saturday & Sunday unless otherwise requested or during change out. i. Long distance telephone calls may only be made by credit card or reverse charges on the telephone in a guest suite. j. The host owner will be responsible for any damage to the guest suite or to other association property caused by the guest, as well as for the guest s compliance with all applicable Condominium Rules and Regulations, which will be available in the guest suite. k. A billing statement will be provided at the time of check in to the host owner. l. The guest suites are part of the Common Elements and therefore subject to Florida law, thereby NO smoking is allowed in any interior guest room area. m. These rules and procedures may be changed without notice. GUESTS & SUITES 17
OCCUPANCY/RENTALS/SALE Occupancy/Rentals/Sale a. All persons occupying residences other than the owners shall be registered with Property Management or other designate of the Association at or before the time of their occupancy of the residence. This includes renters and house guests. You MUST COMPLETE an application for rental/lessee and go through the approval process. b. Residences may not be rented for periods of less than thirty (30) days nor more than three (3) times a year. Leases cannot run longer than one year, unless an exception is received from the Board of Directors. A copy of these Rules and Regulations must be given to the tenants and guests by the owner, or the owner s agent. No residence may be permanently occupied by more persons than the number of bedrooms times two, nor may more persons, including guests, occupy a residence overnight than the number of bedrooms times two, plus four. c. Unit owners are responsible to the Association for any damage done to the common areas, overdue fines or other penalties/violations by their renters, lessees or guests. d. Units that are for sale in the building can be shown only if buyers are accompanied into the building by a Realtor or Owner. Open House is not permitted. e. Rentals: Sales tax is due at the rate of 6% on rental charges. If you are not using a realtor or broker, please get forms for registration on www.myflorida.com/dor. Payment of said tax is the owner s sole responsiblity if no broker is involved. f. Occupancy will be denied to any individual convicted of a felony involving violence to persons or property, or a felony demonstrating dishonesty or moral turpitude. 18
Insurance a. Nothing shall be done or maintained in any Condominium Unit or on any Common Elements, which will increase the rate of insurance on any condominium unit or on the Common Elements, or result in the cancellation thereof, without prior written approval of the Board of Directors. b. Nothing shall be done or maintained in any condominium unit or on the Common Elements, which is in violation of any law. INSURANCE 19
DECORATORS, CONTRACTORS, SUB-CONTRACTORS Decorators, Contractors, Sub-Contractors Repair, construction, decorating or remodeling: Work hours: Monday Friday 8:00 am to 4:30 pm Rules of decorators, subcontractors and contractors as set forth in the Contractors Rules and Application must be complied with (see Property Management for details). a. NO Construction is permitted on Saturdays, Sundays. NO Construction is permitted on Holidays that the front office is closed. Emergency repair is permitted only if the owner is present. Owner must escort repair individual(s) in and out of building through the service area. NO vendor nor construction vehicles may be permitted to park in garage, violators will be towed. b. The Contractors Application must be filled out in full and submitted to Property Management for approval. Once approved, Property Management will walk through the project with the Contractor prior to job commencement. c. Each Unit owner is responsible for his or her decorator's, contractor's and subcontractor's actions and inactions while on the premises and in the Unit. Decorators, contractors, and subcontractors are on the premises at their own risk and by coming on the premises, agree to indemnify and hold harmless the Condominium Association for any liability or damages which might arise in connection with their activities on the premises or in the Unit. ATTENTION: Owners are responsible for any expenses due to damages to common areas, false alarms or resulting fines/fees. If you have any questions please contact the Condominium Property Management. 20
Flooring/Finishing/SCUS Repair, construction, decorating or remodeling: Work hours: Monday Friday 8:00 am to 4:30 pm Rules of decorators, subcontractors and contractors as set forth in the Contractors Rules and Application must be complied with (see Property Management for details). A SOUND CONTROL UNDERLAYMENT SYSTEM APPROVED BY THE PROPERTY MANAGEMENT MUST BE INSTALLED OVER ALL CONCRETE FLOORS AND AN APPROVED CARPET PADDING UNDER CARPETING. APPROVED FLOORING MUST BE INSTALLED PRIOR TO OCCUPANCY. (See Contractor s Rules, Application and Flooring/Finishing sheet supplied by Property Management) a. Each Unit owner is responsible for his or her decorator s, contractor s and subcontractor s actions and inactions while on the premises and in the Unit. Decorators, contractors, and subcontractors are on the premises at their own risk and by coming on the premises, agree to indemnify and hold harmless the Condominium Association for any liability or damages which might arise in connection with their activities on the premises or in the Unit. ATTENTION: Owners are responsible for any expenses due to damages to common areas, false alarms or resulting fines/fees. b. The Unit owner(s) shall not install any hard floor covering material, including, but not limited to, tile, marble, stone, wood, or laminate, in any part of any Unit in the Condominium unless such flooring is properly installed over a Sound Control Underlayment System approved by the Property Management (a SCUS ) under said hard floor covering material, and such flooring includes perimeter isolation material(s) between the hard floor covering material and all walls and periphery of all protrusions to that floor. The complete system must provide for the minimum IIC and STC ratings as set forth in the Contractors Flooring & Finishing Rules as provided by the Property Management. FLOORING/FINISHING/SCUS 21
FLOORING/FINISHING/SCUS c. At least thirty (30) days prior to the installation of any hard floor covering, the Unit owner must file with the Property Management the application form, indicating such Unit owner s choice of SCUS. d. The Unit owner will be fully responsible for the installation of all hard floors and a SCUS meeting the standards approved by the Property Management. The Association and the Board of Directors will not assume and will not bear any responsibility whatsoever for ensuring that any Unit owner s contractors deliver and install the proper products. e. The Association, at its own expense, and/or any Unit owner in the Condominium, at his or her own expense, may call for any Unit to be tested to determine compliance with the sound insulation standards approved by the Property Management. If the tested floor does not meet the standards approved by the Property Management, the Unit owner will be required to remove the non-complying floor covering, and will promptly reimburse the appropriate party for the cost of testing. In the event that any installation of materials is attempted or made without compliance with the standards approved by the Property Management, then the Property Management will have the right, in addition to the rights described above & other rights set forth in the Declaration of Condominium, to require that such flooring materials be removed immediately at the Unit owner s expense & replaced with flooring materials, and a SCUS if applicable, which comply with the standards approved by the Property Management. Compliance with the standards approved by the Property Management is mandatory and may be enforced by the Association in any legal manner, including, without limitation, by action in the Circuit Court in and for Collier County, Florida (the Court ) for injunction or specific performance. 22
Enforcement & Penalties a. Owners are financially responsible to the Association for damage to the common elements caused by themselves, their tenants, guests and family members. b. A system of penalties has been established to ensure compliance with the Rules and Regulations of the Association. The Board of Directors believes that the enforcement procedure will result in greater community awareness of reasonable conduct that all Unit owners have the right to expect from each other. If the violator is not a Unit owner, the owner will be provided with copies of all correspondence pertaining to the violation and any ensuing penalties and hearings. The Unit owner is ultimately responsible for all fines & the removal of all violations. c. Fines may be imposed for violation of any of the rules and regulations, according to the following schedule: 1st violation, after written warning - $ 50.00 Repeated violation - $100.00 d. The Board of Directors may not impose any fine or infringe upon any rights of a Unit owner for violations of the rules until the following procedures have been complied with*: 1. If a violation of the rules is alleged in a written complaint to the Board, the Board will notify the alleged violator in writing to cease and desist from the violation. This notification will include: (a) the nature of the alleged violation; (b) the action required to remove the violation, and (c) notification of a grace period of ten (10) days, within which the violation may be removed without penalty. Should the violation continue beyond the grace period, a fine will be imposed. ENFORCEMENT & PENALTIES 23
ENFORCEMENT & PENALTIES 2. The violator may request a hearing within ten (10) days after imposition of the fine. The request must be made in writing and be addressed to the Board of Directors. The hearing shall be held in executive session (that is, a closed session) of the Rules & Regulations Committee, and will afford the violator a reasonable opportunity to be heard. The violator may present his/her case to the Rules & Regulations Committee, and the Rules & Regulations Committee will decide, based upon the available information regarding the alleged violation, whether or not any fines and/or penalties should be lifted. e. If a violation is repeated within twelve (12) months of the first notice, a fine will be imposed without a grace period. f. If any Unit owner fails to comply with the Rules & Regulations or By-laws, or with any decision rendered under the Rules & Regulations and By-laws, the Unit owner may be sued for damages or injunctive relief, or both, by the Board of Directors. The prevailing party in any such proceeding may be entitled to an award for legal fees, as determined by the court. g. A fine will be applied to the Unit owner regardless of whether the offender is the Unit owner, a tenant, a guest or a household member. The payment of a fine does not relieve the offender of the obligation of correcting the violation. If the Association incurs expenses to correct the violation, this expense will be applied to the Unit owner. If the bill is not paid by the Unit owner, a higher fine may be imposed. *As predicated in Florida Statute #718.303 24
Summary Each Unit owner, by acquisition & ownership of a unit, accepts the requirements and agreements set forth in these Rules & Regulations and acknowledges such rights and agrees to submit to the jurisdiction of the court for the enforcement of the requirements and agreements set forth in these Rules & Regulations, and further agrees that all costs of the Association relating to or arising out of enforcing these Rules & Regulations, including, without limitation, costs for bringing & maintaining suit and reasonable attorneys fees (pretrial, trial, appellate or otherwise) will be the responsibility of the Unit owner of the applicable unit. The following Rules & Regulations and Architectural Control Standards have been adopted by the Board of Directors of the at Hammock Bay Condominium Association, Inc. in accordance with the Covenants and By-laws to not only protect the architectural integrity and harmony of the community, but also to promote the safety and welfare of the residents and to maintain an acceptable quality of life. SUMMARY 25
Notes: 26
REV 2.2.2011