SUNSET HARBOR CONDOMINIUM RULES AND REGULATIONS For purposes of these Rules and Regulations, several words are defined for clarification: a) An owner is one who has purchased a unit. This includes members of the purchaser s immediate family who reside in the unit. b) A resident is one who is residing in the unit, whether or not he/she is an owner. c) A guest is one who is visiting a resident on an overnight or longer basis. d) A renter is one who rents or leases from an owner. e) A visitor is one who is invited or drops in for a brief social visit. 1. General. The Board of Directors of the Association, or the managing agent at the direction of the Board of Directors, will be responsible for implementing and enforcing these Rules and Regulations and it is expected that all owners, residents, guests and visitors will cooperate fully. The Board of Directors shall have the authority to interpret these Rules and their determination shall be controlling. The Board of Directors may from time to time establish fines or penalties for violations of the Rules provided that all such fines or penalties are uniformly enforced against all owners and residents in accordance with the Declaration of Condominium and the Articles of Incorporation and By-Laws of the Association (collectively referred to as the Governing Documents ). If any assessed fine or penalty that has not been paid within two (2) weeks after written notification to the resident and the owner of the Unit (if the owner is not in residence) the Board of Directors shall have the authority to take enforcement actions against the Owner, in accordance with the Governing Documents. 2. Use of Facilities. The comforts and facilities of the Condominium are primarily for the use of residents. Owners will be responsible for the action of their renters, guests and visitors and must be mindful of the rights of other residents. The Association acting through its managing agent has the sole authority to operate and maintain the Common Elements of the Condominium and to regulate the use of the Common Elements. Individual Owners or other residents of the Condominium do not have the authority to waive or modify any requirements of the Governing Documents or these Rules and Regulations nor permit the use of the common facilities in violation of the Governing Documents or these Rules. 3. Maintenance. An owner or resident shall keep his Unit maintained in a first class condition and a good state or preservation and cleanliness at all times so that neither his Unit nor any Unit will be damaged by his neglect. Each Unit must be sprayed by a licensed professional pest controller and each resident shall permit entry to the Unit monthly or as otherwise recommended by the licensed pest controller retained by the Association. Everything within the Unit is the responsibility of the Unit Owner. 1
4. Balconies, Terraces and Unit Exteriors. It is prohibited to hang towels, laundry, rugs or any other items from the windows, terraces, balconies, trees or from any of the facades of the condominium structures. No awnings or window guards shall be used without the prior written approval of the Board of Directors. The foregoing does not prohibit a Unit Owner from displaying one (1) portable, removable United States flag in a respectful manner. Balconies, patios and terraces may not be used for storage. Patio furniture must be neutral in color and approved by the Association. No plastic furniture, plastic flowerpots or artificial plants may be kept on the balconies or terraces. Only porch furniture and potted plants may be left on balconies, terraces overnight. A maximum of five (5) potted plants is allowed at any given time. Any other items including but not limited to: toys, fishing poles, tackle, tackle boxes, dead or dying plants must be removed from balcony when not in use. The exterior of the Units and all other areas appurtenant to a Unit, including the doors, terraces, balconies and patios shall not be painted, decorated, enclosed or modified in any manner without prior written approval of the Board of Directors in accordance with the provisions of the Governing Documents. No wring will be installed for electrical or telephone equipment nor will there be any installation of any type of television antennae, satellite dish, air conditioning units or other similar or dissimilar equipment, on the exterior of the buildings or that protrude through the walls or roof of the building except as authorized by the Board of Directors. 5. Window Coverings and Blinds. a) All windows in the Units must have window treatments. The color of all window treatments visible from outside the Unit must be white. Bed sheets shall not be used as window treatments. b) White full length vertical blinds shall be installed on all sliding glass doors. If horizontal blinds are used on any windows, they shall be a minimum two inch (2 ) wide Plantation style blinds. The color of all window treatments visible from outside the Unit must be white. Bed sheets/ towels are strictly prohibited. c) No window decorations, window stickers or sign shall be maintained or kept on any windows within the condominium. 6. Nuisance and Disturbances. (a) No Owner, resident, guest or visitor shall use or allow the use of the Unit or any portion of the common areas of the Condominium at any time, or for any purpose which may endanger the health or safety of other owners or residents or which may unreasonably annoy, disturb, cause embarrassment or discomfort to other owners or residents. No one shall cause or make noises disturbing to residents, specifically including the use of audiovideo equipment at volume levels that, in the sole discretion of the Board of Directors are disturbing to persons with normal hearing and sensibilities or that interferes with the rights, comfort or convenience of the other residents. This applies to each Unit and the Common Elements, including the pool areas and marina. The Board of Directors may levy fines against repeat offenders. 2
(b) It is prohibited to use the audio equipment in any motor vehicle located on the Condominium Property at volume levels that can be heard outside of the vehicle by a person with normal hearing and sensibilities. (c) The display or discharge of firearms or fireworks on the Common Elements or Limited Common Elements is prohibited, except by law enforcement officers in the performance of law enforcement duties. The term firearms includes B-B guns, pellet guns and any other firearms of all types regardless of size. 7. Signs No one shall post any advertisements or posters of any kind in or on the windows, terraces, or other areas of a Unit visible from the exterior or on any part of the Common Elements, including For Sale and For Rent signs except as authorized by the Governing Documents of the Board of Directors. 8. Common Elements a) Driveways, parking lots, sidewalks, entrances, and passageways shall not be in any manner obstructed or encumbered or used for any purpose other than ingress and egress, to and from the premises. Any damage to the Common Elements or any equipment located thereon caused by an Owner, his children, guests, visitors or renters shall be repaired at the expense of the Owner is not covered by Insurance. b) Grilling-Outdoor Cooking-There is a community designated barbecue area by the pool. It is the responsibility of the user to clean off the grill and put the cover back on and remove all trash. Owners, residents may only grill on their patio or balcony if they have a UL Approved Electric Grill. Gas, charcoal and any other form of cooking is strictly prohibited. No other areas of the Common Elements or Limited Common Elements may be used for cooking of any kind unless written approval is obtained by the Board of Directors. c) No fishing equipment, bait buckets, boat supplies, boat equipment, nets or other fishing equipment shall be left in the dock and marina area when not in actual use, unless located within approved storage lockers. Fish cleaning tables and other area of the dock and marina must be cleaned after each use and all fish (including body parts) must be removed from the area. 9. Unit Access The agents of the Association or any contractor or workman authorized by the Association may enter any Unit at any reasonable hour of the day for any purpose permitted in the Governing Documents. However, except in an emergency, such entry will be made only by prearrangement with the resident. All residents shall provide to the Association s managing agent a copy of the key or keys necessary to gain access to the Unit. 10. Storage No part of the Common Elements shall be sued for storage of any materials, boats, vehicles or any other items, except in areas designated in the Governing Documents or by the Board of Directors. No inflammable oils or fluids, explosives or other similar articles deemed hazardous shall be stored on the premises of the Association. 11. Refuse. All trash, garbage and other refuse shall be placed in refuse disposal containers located in area designated by the Board of Directors. Individual trash containers must be kept within the Condominium Unit and may not be stored on terraces, patios or balconies. 12. Children. Residents shall be responsible for the actions of their children and for any damage to the Common Elements caused by their children or the children of their guests or 3
visitors. The Board of Directors may establish additional regulations regarding the use of the common facilities by children, including by way of example, requiring that adults accompany children using common facilities and prohibiting children from using common facilities during certain time periods. Children under the age of 12 must be accompanied by an adult at all times while at the pool. 13. Association Approval. Any consent or approval given under these Rules and Regulations by the Association shall be revocable at any time by the Board of Directors. 14. Rentals and Guests. Leasing of the unit by the owner shall be permitted under the following terms and conditions: a) All leases shall be on forms approved by the Association and shall provide that the Association shall have the right to approve the lease, impose fines for material violations by the renter of any of the provisions of the Governing Documents or these Rules or any law, regulation, agreements, document or instrument affecting the Condominium. A copy of the fully executed lease shall be provided to the Association Board of Directors a minimum of 14 days prior to the tenant moving in for approval. The minimum lease term shall not be less than (7) seven months. b) No tenant shall be less than twenty-two (22) years old, except dependent children of tenants residing with their parents. c) Tenants-Renters-Guests- are not allowed to have pets. d) The Unit Owner will be jointly and severally liable with the tenant to the Association for any loss, damage, liability or obligation incurred by the Association as a result of the negligence or willful misconduct of the tenant of the tenant s guest. The Association may require each tenant to post with the Association a security deposit not to exceed one month s rent to secure the Owner s and the tenants obligation to reimburse the Association for damage to the Common Elements or to pay fines for violation of the Governing Documents or these Rules by the tenant or other occupants of the Unit. The amount of the security deposit shall be set by the Board of Directors of the Association from time to time, but shall not exceed one month s rent. e) No lease agreement shall allow in excess of 3 adults or 2 adults and 2 children as residents of a 2 bedroom condominium unit or 3 adults and 2 children of a 3 bedroom condominium unit. Children is defined as 18 years of age or under; resident is defined as occupying the unit consistently as that term is commonly understood or, stays that occur in excess of 3 nights during the week on a consistent basis. f) No leased condominium unit shall be entitled to occupy or use more than 2 parking spaces for vehicles belonging to or used by lessees or those living with lessees on a consistent basis. No lessee or leased unit shall allow more than 2 guest vehicles to occupy parking spaces at any time. g) Any information or factual representation provided on a proposed lease for review to the Sunset Harbor Owners Association found to be untrue or misrepresented, at any time, shall subject such lease to revocation and rejection by the SHOA and constitute grounds for eviction of lessees. 15. Pets No pets or animals shall be kept or maintained in or about the Condominium Property except only permitted dogs, cats and small caged birds, hereinafter referred to as Pets. The following breed or mix of dog is not permitted: Pit Bulldogs, Chows, Rottweiler s and Doberman Pincers are not permitted. Snakes and all other reptiles are not permitted. A conditional license to maintain two Pets, as defined above, in the owner s Unit, is granted to 4
Unit Owners only subject to the following terms and conditions. Tenants/Renters are not allowed to keep a pet. a) Permitted dogs must be kept on a leash at all times while on the Common Elements. Dogs must not be curbed near the walkways, shrubbery, patios, terraces, gardens or other public spaces and only in designated pet walk areas. Owners of Pets are required to clean up after their Pets when unable to reach designated pet walk areas. The person walking the dog must carry the necessary implements to clean up after dogs are unable to reach designated pet walk areas. b) An owner is fully responsible for any damage to person or property caused by his/her Pet. In the event of any damage to the Condominium Property caused by a Pet, the decision of the Board of Directors as to the amount of the damage shall be determined and the Unit owner shall be subject to assessment by the Association for the amount of the damage. c) Aquarium fish and up to two (2) caged birds are permitted but are not counted in the two (2) pet limitation. This conditional license is subject to revocation and termination at any time by the Board of Directors upon their reasonable determination the Pet is dangerous or is a nuisance. 16. Parking a) Parking areas within Condominium Property are for operable passenger automobiles and vans, motorcycles, pick-up trucks of three-quarter ton capacity or less, mopeds and bicycles only (collectively Permitted Vehicles ). No boats, trucks greater than threequarter ton capacity, trailers, motorhomes, campers or other vehicles or objects shall be parked on the Condominium Property. The foregoing does not prohibit the temporary and occasional parking of service trucks, moving vans and additional vehicles of visitors or guests in other areas. b) No owner or any other person may repair or store any vehicle (including Permitted Vehicles) on the Condominium Property. The foregoing does not prohibit emergency repairs necessary to move a Permitted Vehicle. c) The Governing Documents establishes a reservation system for parking spaces. The Association may not alter the reservation made by the Declarant without the consent of the affected Owner(s). The Association may regulate the use of non-reserved parking spaces. 17. Amendment. These Rules and Regulations may be amended from time to time by a majority of the Board of Directors in accordance with the requirements of the Governing Documents or may be amended by a majority vote of all owners at a meeting duly called for such purpose; provided however, for so long as Declarant holds any Units for sale in the ordinary course of business, Rules or Regulations which are, or have the effect of being detrimental to the sale of Units by the Declarant, shall require the written approval of Declarant before becoming effective without their written approval. All provisions of the Rules and Regulations must be uniformly enforced against all owners, renters, and residents of the Condominium. 18. Leases. All leases must be submitted to the Board of Directors for approval. Leases must be fully executed and the tenant must be given a copy of the Rules and Regulations of the Association. 19. Dual Usage. When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit 5
owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord. Sunset Harbor Condominium Association, Inc., A Florida Not-for-Profit corporation 6