Rules and Regulations March 1, 2019
TABLE OF CONTENTS 2 INTRODUCTION..Page 3 GENERAL PROVISIONS...Page 4 ARCHITECTURAL AND AESTHETIC REVIEW..Page 5 PROPERTY USE COMPLIANCE...Page 6 GRIEVANCE PROCEDURE...Page 10
INTRODUCTION 3 In an effort to maintain uniformity, increase property values and create an overall aesthetic improvement in the community, the Board of Directors of the Ternbridge Homeowners Association Inc. (hereinafter referred to as the HOA ) has approved and adopted a list of Rules and Regulations which will go into effect on March 1st, 2019. The adoption of these Rules and Regulations is consistent with Article III, Section 8 of the Declaration of Restrictions and Protective Covenants for Ternbridge. These Rules and Regulations are designed for the mutual benefit of all homeowners. All Rules and Regulations shall apply to and be binding upon all homeowners. Objections to the Rules and Regulations may be submitted, in writing, to the current Board of Directors of Ternbridge for review. Any changes made by the Board of Directors will be for the benefit of the entire community. These Rules and Regulations can be modified or amended from time to time as the Board of Directors sees fit.
GENERAL PROVISIONS 4 1. Responsibility With respect to compliance with the Rules and Regulations, a homeowner shall be held responsible for the actions of his/her family members, guests, invitees, tenants, contractors and other persons for whom they are responsible, as well as for the actions of persons over whom they exercise control and supervision. 2. Observance of Laws and Improper Use All applicable laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. No improper, hazardous or unlawful use shall be made of the common areas or any home or lot. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction in relation to the common areas or any lot or home shall be corrected by, and at the sole expense of, the responsible Homeowner and, as appropriate, the violator. 3. Nuisance Nothing shall be done which may be an unreasonable annoyance or a nuisance to any other homeowner or which interferes with the peaceful possession or proper use of the homes or surrounding areas. 4. Violations Violations of any Rule or Regulation shall subject the responsible homeowner and/or violator to any and all remedies available to the association pursuant to Florida Statute (F.S.) 720, and the Governing Documents of the Association. All violations shall be reported immediately, in writing and signed, to the property management company. Potential violations may be cited in writing by the Property Manager. A homeowner may also file a complaint of a violation, in writing, to the Property Manager. Disagreements concerning violations shall be subject to a hearing in front of the Grievance Committee. (See Grievance Procedures).
ARCHITECTURAL AND AESTHETIC REVIEW 5 The Architectural Control Board (ACB) shall be a standing committee of the Ternbridge Homeowners Association Inc. All exterior work on any home needs to be submitted to and approved by the Architectural Control Board committee BEFORE WORK BEGINS. Homeowners will submit the Application for Architectural/Aesthetic Review form which is available on the Ternbridge official website or upon request from the property management company. All applications will be submitted directly to property management company and will be forwarded to the committee. Exterior work includes and is not limited to: exterior painting, roofing, window replacement or windows requiring new openings, storm shutters, garage doors, entrance doors (including side and rear), pavers, new landscaping and plantings (including tree replacement), power generators, LP tanks (above ground or underground), new swimming pools, pool heaters, water tanks, fences and gates. All exterior painting must be submitted and approved by the ACB and Compliance committee before the work begins. Colors and schemes used will be those listed on the approved Ternbridge color palette. Pursuant to the Bylaws of Ternbridge Homeowners Association Inc. Article VIII, Section 2: A party aggrieved by a decision of the Architectural Control Board shall have the right to make a written request to the Board of Directors, within thirty (30) days of such decision, so that the Board of Directors may review such decision. The determination of the Board of Directors, upon reviewing such decision of the Architectural Review Board, shall in all events be dispositive.
PROPERTY USE COMPLIANCE 6 The following is a list of compliance guidelines that homeowners will adhere to for the purpose of maintaining their homes. Section 1. Landscaping a. Adequate landscaping...specimen palms or trees and foundation plantings. Removing old shrubs and replacing with sod only is not considered adequate landscaping. Adequate landscaping determination will be at the sole discretion of the ACB and Compliance committee. b. Overgrown beds need to be cut backed or removed. Lawns must be cut and edged on a regular basis and must be fertilizatilized and treated for weeds. Most landscapers service homes every 10 days during the growing season and every 15 days during the dormant season. All driveways and landscaping must be maintained and kept clean and free of weeds and other unwanted growth. c. Landscape blocks must be neatly arranged and power washed d. Mailboxes beds will be limited to stone, mulch, ground cover, flowers or maintained grass. No shrubs or small palm trees will be permitted in mailbox beds. e. Mailboxes must be maintained, leveled, plumbed and cleaned. Damaged mailboxes must be repaired or replaced with the approved mailbox model and design as needed. f. Power generators, A/C units, pool heaters, above ground propane tanks, water tanks must be concealed from the street and adjacent homes with adequate shrubbery which will be a minimum of 4 feet high upon initial planting. g. Coconut palms are strictly prohibited. Existing coconut palms can remain, however, homeowners are responsible to maintain trees by cutting coconuts before they fall and to remove fallen coconuts and debris from their property.
7 h. Only approved fences and gates are permitted. Chain link fences are prohibited. i. Privacy hedges must be setback 2 feet from the sidewalk and planted no more than 2 feet apart in a bed filled with mulch or landscaping stones. Grass/sod will not be installed between the sidewalk and the planted shrubs as the grass/sod will be difficult to irrigate or maintain and will not survive. Section 2. Exterior a. The following cannot be visible from the street or adjacent homes, INCLUDING THE REAR OF HOMES FACING ANY LAKE: trash cans, recycle bins, sheds, storage containers, garden equipment, ladders, construction equipment, barbeques, scaffolding, trampolines and other recreational equipment. Prohibited items are not limited to the above and other prohibited items can be determined by the board of directors in the future. Basketball backboards are permitted on driveways provided they are maintained. b. Roofs, pavers, sidewalks and driveway aprons are to be power washed as needed including removing stains created by leaking trash cans or automotive fluids. c. Stained exterior walls from sprinklers/mineral deposits need to be cleaned or repainted Section 3. Other Regulations a. Bulk collection items such as appliances, furniture and landscape debris will be placed at the curb no more than 3 days prior to the designated collection date. Landscapers need to be notified by homeowners of the collection date in order to perform their work accordingly. Leaving landscape debris at the curb weeks before the collection date is unacceptable. Please refer to the Parkland Bulk collection schedule link which is available on the Ternbridge website.
8 b. When entering the development at the front entrance, homeowners without barcode stickers will use the left visitor lane only. Waiting in the right lane for the guard to open the right gate is unacceptable and the guard will be instructed not to open the right gate and inform the driver to turn around and go through the left visitor lane. c. There will be no overnight parking on streets from 12AM - 6AM. Vehicles must be parked in driveways during that time period. d. The following vehicles are not permitted on driveways or front lawns and porches: Trailers, recreational vehicles, boats, jetskis/waverunners, golf carts o r any other vehicles other than automobiles, sport utility vehicles (SUV s), minivans or motorcycles. e. Commercial vehicles, other than those owned by contractors for the purpose of performing work on a home, are strictly prohibited to be parked in any driveway or on the street. Overnight parking of commercial vehicles is also prohibited. The term commercial vehicle shall mean those which are not designed and used for customary, personal/family purposes, and shall include, without limitation, any vehicle containing outside lettering on any such vehicle designating a business of any kind, as well as any vehicle which has visible tools of the trade. The absence of commercial-type lettering or graphics on a vehicle or the absence of visible tools of the trade shall not be dispositive as to whether it is a commercial vehicle f. Parked vehicles in driveways cannot block sidewalks. g. Each homeowner/resident who plans to be absent from his/her home during the hurricane season shall prepare his/her home and lot prior to departure by removing all furniture, potted plants and other moveable objects, if any, from the covered patio or screened enclosure area, and from other areas outside of the home. The homeowner/resident should also designate a responsible individual to care for the home and lot should it suffer hurricane damage. No hurricane shutter shall cover window or door openings except during periods of a tropical storm warning, hurricane watch or a hurricane warning that impacts the community. All hurricane shutters shall be removed within seven (7) days from the date the hurricane warning is lifted.
9 h. No vehicle shall be operated on the streets or roads in excess of 25 miles per hour. All vehicles are to be kept in proper operating conditions so as not to be a hazard or nuisance to others (i.e., noise, exhaust emission, or dripping fluids). i. All pets must be on a leash when walked in the community. Pet excrement is to be picked up immediately, bagged and disposed of only within the homeowner s home. It may NOT be deposited on or within the common areas (including sewers and waterways), or upon any other homeowner s property. No pet shall be kept or maintained for any commercial purpose. The owner of a pet assumes liability for all damage to persons or property caused by the pet resulting from its presence within Ternbridge. Property owners are responsible for their guest s pets. j. Door-to-door commercial solicitation is prohibited. U.S. Postal Service prohibits placing materials in mailboxes. k. Holiday decorations, ornaments, lights, etc. cannot be placed outside the home or clubhouse more than thirty (30) days prior to any holiday and must be removed no more than thirty (30) days after any holiday. (Example: Christmas decorations may not be put up prior to November 25 and must be removed no later than January 25) l. Except for one sign of not more that one (1) square foot to indicate the name of the resident, no signs, display poster, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed to a lot or home. For Sale or For Rent signs are also prohibited.
GRIEVANCE PROCEDURES 10 Every homeowner/resident, his/her family, renter and guest is expected to comply with the Rules and Regulations as well as any rules and regulations which may be adopted from time to time and the provisions of the Governing Documents of Ternbridge, as amended from time to time. The Grievance Committee shall consist of at least three members appointed by the Board of Directors who are not officers, directors, or employees of the association, or their spouse, parent, child, brother, or sister of an officer, director or employee. Grievance Committee hearings shall be closed to Unit Owners except for those witnesses invited by the committee, accused or accuser. Failure of a homeowner/resident, his/her family, tenant or guest to comply will be grounds for action which may include, without limitation, an action to recover sums due for damages injunctive relief or any combination of these actions. In addition to all other remedies, at the sole discretion of the Board of Directors, or the Association (with final approval from the Grievance Committee), a fine or suspension of privileges may be imposed upon a homeowner, renter, and guest or employee of a resident as a result of the individual s failure to comply, provided the following grievance procedures are adhered to. 1. The Association will notify the individual of the infraction or infractions in writing and the party will be given the opportunity to appear at a hearing after a reasonable period of at least 14 days. The notice to the party will include the date, time and place of the hearing; a statement of the provision(s) of the Governing Documents for Ternbridge, and Rules and Regulations as amended from time to time, which allegedly has been violated; a brief statement of the alleged violation (The alleged violation will be reviewed at a hearing of the Grievance committee which has been appointed by the Board of Directors of Ternbridge in compliance with F.S. 720.305). Witnesses on behalf of both the accused and accuser shall be permitted to attend Grievance Committee hearing.
2. The Board of Directors may impose fines against the applicable individual of $100.00 per violation, not to exceed $1000 in the aggregate, unless otherwise provided in the Ternbridge Governing Documents. 11 3. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed by the Board of Directors. 4. The party receiving notice of a violation will have the opportunity to present evidence and provide written and oral argument on his/her behalf and to challenge the violation report being reviewed by the Grievance committee. 5. The Grievance Committee is to notify the Board of Directors in writing no later than five (5) business days after any hearing as to what action is to be taken. 6. The Board of Directors will notify the individual(s) in writing of the Grievance Committee s decision within five (5) business days after receipt of the Committee s decision. 7. Each separate incident for which a fine may be imposed will be grounds for a separate fine. If one rule is continuously violated, each occurrence of the same type will be considered a separate incident. Initial violation, as reported to the management company, will generate a warning letter. Second infraction of the same violation will result in a letter (as directed in #1 above) and a $100 fine. Subsequent infractions of the same violation will result in an additional $100 fine, not to exceed $1000 in the aggregate. 8. Fines must be paid not later than 30 days after notice that the fine has been imposed. 9. All monies received from fines will be allocated as directed by the Board of Directors.
10. Fines will not be construed to be exclusive and will exist in addition to all other rights and remedies to the Association otherwise and to which the Association may be legally entitled. 12 11. Final determination to be noted in the minutes of the next Board of Directors meeting.