Harbour Oaks Homeowners Association Rules & Regulations The following rules and regulations shall apply to all of the Properties until such time as they are amended, modified, repealed or limited pursuant to the Declaration. All capitalized terms not otherwise defined herein shall be given the meaning ascribed to such terms in the Declaration. 1. General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, an information center and a sales office for any real estate broker retained by Developer to assist in the sale of Properties, offices for any property manager retained by the Association, or business offices for Developer or the Association) consistent with this Declaration and any Supplemental Declaration. 2. Restricted Activities. The following activities are prohibited within Harbour Oaks unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board of Directors. (a) Parking any vehicles on public or private streets or thoroughfares, or parking of commercial vehicles or equipment, motorcycles, motor homes, recreational vehicles, buses, golf carts, boats and other watercraft, vans in excess of 17 feet in length, campers, trailers, non-passenger vans, stored vehicles or inoperable vehicles in places other than enclosed garages; provided, construction, service and delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonably necessary to provide service or to make a delivery to a Unit or the Common Area; (b) Raising, breeding or keeping animals, livestock, or poultry of any kind, except that a reasonable number of dogs, cats, or other usual and common household pets may be permitted in a Unit; however, those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Units shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Pets shall be registered, licensed, and inoculated as required by law (see page 6); Page 1 of 11
(c) Any activity which emits foul or obnoxious odors outside the Unit or creates noise or other conditions which tend to disturb the peace or threaten the safety of the occupants of other Units; (d) Any activity which violates governmental laws or regulations; however, the Board shall have no obligation to take enforcement action in the event of a violation; (e) Pursuit of hobbies or other activities which tend to cause an unclean, unhealthy, or untidy condition to exist outside of enclosed structures on the Unit; (f) Any noxious or offensive activity which, in the reasonable determination of the Board, tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the occupants of other Units; (g) Outside burning of trash, leaves, debris, or other materials, except during the normal course of constructing a dwelling on a Unit; (h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to occupants of other Units, except alarm devices used exclusively for security purposes; (i) Use and discharge of firecrackers and other fireworks; (j) Dumping grass clippings, leaves, or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within Harbour Oaks At Palm Beach Gardens, except that fertilizers may be applied to landscaping on Units provided care is taken to minimize runoff; (k) Accumulation of rubbish, trash, or garbage except between regular garbage pick-ups, and then only in approved containers; (l) Obstruction or rechanneling drainage flows after location and installation of drainage swales, storm sewers, or storm drains, except that Developer and the Association shall have such right subject to any required approval from South Florida Water Management District or other governmental agencies; provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Unit without the Owner s consent; (m) Subdivision of a Unit into two or more Units, or changing the boundary lines of any Unit after a subdivision plat including such Unit has been approved and recorded, except that Developer shall be permitted to subdivide or replat Units which it owns; Page 2 of 11
(n) Swimming, boating, use of personal flotation devices, or other active use of lakes, ponds, streams or other bodies of water within Harbour Oaks At Palm Beach Gardens, except that (i) fishing from the shore shall be permitted with appropriate licenses, and (ii) Developer, its successors and assigns, shall be permitted and shall have the exclusive right and easement to draw water from lakes, ponds and streams within Harbour Oaks At Palm Beach Gardens for purposes of irrigation and such other purposes as Developer shall deem desirable subject to the obtaining of any required approvals from South Florida Water Management District or other governmental agencies. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of rivers, lakes, ponds, streams, or other bodies of water within or adjacent to Harbour Oakes At Palm Beach Gardens; (o) Use of any Unit for operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Developer and its assigns may operate such a program with respect to Units which it owns; (p) Discharge of firearms; provided, the Board shall have no obligation to take action to prevent or stop such discharge; (q) On-site storage of gasoline, heating, or other fuels, except that a reasonable amount of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment. (r) Any business, trade, garage sale, moving sale, rummage sale, or similar activity, except that an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Unit; (ii) the business activity conforms to all zoning requirements for Harbour Oaks At Palm Beach Gardens; (iii) the business activity does not involve door-to-door solicitation of residents of Harbour Oaks At Palm Beach Gardens; (iv) the business activity does not, in the Board s reasonable judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked in Harbour Oaks At Palm Beach Gardens which is noticeably greater than that which is typical of Units in which no business activity is being conducted; and (v) the business activity is consistent with the residential character of Harbour Oaks At Palm Beach Gardens and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of Harbour Oaks At Palm Beach Gardens, as may be determined in the sole discretion of the Board. Page 3 of 11
The terms business and trade, as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or does generate a profit, or (iii) a license is required. Leasing of a Unit shall not be considered a business or trade within the meaning of this subsection. This subsection shall not apply to any activity conducted by Developer or a Builder approved by Developer with respect to its development and sale of Harbour Oaks At Palm Beach Gardens or its use of any Units which it owns within Harbour Oaks At Palm Beach Gardens, including the operation of a timeshare or similar program. Furthermore, this subsection shall not apply to any rental program operated by the Developer (or its affiliated entities) to which certain Units within the Properties may be subject. (s) Capturing, trapping or killing of wildlife within Harbour Oaks At Palm Beach Gardens, except in circumstances posing an imminent threat to the safety of persons using Harbour Oaks At Palm Beach Gardens; (t) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or air quality within Harbour Oaks At Palm Beach Gardens or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution; (u) Conversion of any carport or garage to finished space for use as an apartment or other integral part of the living area of any Unit without prior approval pursuant to Article XII of the Declaration; (v) Operation of motorized vehicles on pathways or trails maintained by the Association; (w) Disposal or drainage of sewage, wastewater, storm water, or other waste matter from the Properties into the sea, canals, or other bodies of water within or adjacent to the Properties; (x) Alteration of the coastline of any Unit which adjoins the canal or waterway by the construction of any wall, groin, pier, wharf; other abutment, or boathouse, slip-ways or other facilities for the hauling out of the water of any boat or vessel, without the prior approval pursuant to Articles XII of the Declaration; and Page 4 of 11
(y) Any construction, erection, placement, or modification of anything, permanently or temporarily, on the outside portions of the Unit, whether such portion is improved or unimproved, except in strict compliance with the provisions of Article XII of the Declaration. This shall include, without limitation, basketball hoops, swing sets and similar sports and play equipment; clotheslines or other clothes drying facilities; garbage cans; woodpiles; aboveground swimming pools; docs, piers and similar structures; and hedges, walls, dog runs, animal pens, or fences of any kind. Standard TV antennas and satellite dishes which are one meter in diameter or less shall be permitted at Harbour Oaks At Palm Beach Gardens; however, such over-the-air reception devices shall comply with all Architectural Guidelines, screening requirements, and other applicable Rules and Regulations pertaining to the location and manner of installation. Developer and/or the Association shall have the right, without obligation to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or a portion of Harbour Oaks At Palm Beach Gardens, should any master system or systems be utilized by the Association and require such exterior apparatus. 3. Prohibited Conditions. The following shall be prohibited within the Properties: (a) Plants, animals, devices or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of Harbour Oaks At Palm Beach Gardens; (b) Structures, equipment or other items on the exterior portions of a Unit which have become rusty, dilapidated or otherwise fallen into disrepair; (c) Mobile homes or temporary buildings or structures of any kind other than sheds or workshops to be used only for the works incidental to the erection of any permanent buildings on a Unit: (d) Septic tanks; and (e) Sprinkler or irrigation systems or wells of any type which draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within Harbour Oaks At Palm Beach Gardens, except that Developer and the Association shall have the right to draw water from such sources upon obtaining any appropriate approvals from South Florida Water Management District and any other applicable governmental agency. 4. Leasing of Units. Leasing, for purposes of this Paragraph, is defined as regular, exclusive occupancy of a Unit by any person, other than the Owner for which the Page 5 of 11
owner receives any consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument. All leases shall be in writing. The Board may require a minimum lease term and may limit the number of times a Unit may be leased per year. Notice of any lease, together with such additional information as may be required by the Board, shall be given to the Board by the Unit Owner within 10 days of execution of the lease. The Owner must make available to the lessee copies of the Declaration, By-Laws, and the Rules and Regulations. Notwithstanding the foregoing, the restrictions on leasing shall not apply to any rental or timeshare programs operated by Developer or one of its affiliated entities. No more than one (1) lease may be executed for any Unit during any twelve (12) month period based on the date of commencement of the lease. No subleasing shall be permitted. Additionally, no more than twenty five percent (25%) of the total number of Units may be rented at any one time. A completed Lease Application Packet along with reasonable administrative fees must be submitted to the Association prior to any lease. The Association shall within ten (10) business days either issue a Certificate of Approval or notice of rejection. By submission of a lease for approval, the Owner and prospective lessees agree that the Association is authorized to conduct a criminal and financial background check as to all proposed occupants under the lease. The Association may deny the lease if such background checks provide reasonable evidence that any occupant may pose a risk to the community or that the lessees are unlikely to be able to comply with the financial requirements of the lease. If the owner of a leased unit becomes delinquent in the payment of any regular or special assessments due during the term of the lease, the Association shall notify the lessee and the lessee shall make the rental payment payable to the Association to cover unpaid maintenance fees. Said payments shall be mailed or hand delivered to the management company. 5. Single Family Residence: Units shall be used solely as a single family residence. Non-related residents are limited to no more than two (2) occupants per unit. Units cannot be sub-leased at any time. 6. Pets. All pets must be registered/updated with the HOA. Pet owners must abide by all of the following stipulations, or upon written notice from the Association, pet owner will be required to remove pet from premises: (a) No exotic pets are allowed. (b) No tenant may have a dog. Dogs are not permitted in leased units and may not visit the unit or community areas at any time. (c) Owners are limited to two (2) pets (Dogs and/or Cats) per Unit at all times, with a combined weight not to exceed 60 lbs. A visiting pet is considered an Page 6 of 11
additional pet and is included in the count of a maximum of two (2) pets per unit. (d) Pets are not permitted in the Pool, Picnic, Playground, Tot Park, Clubhouse or Gymnasium at any time. Pets in all other Common Areas must be on a leash, regardless of size. (e) Pet owners are required to clean up after their pets. (f) No owner shall be permitted to maintain in their unit a Bull Terrier, German Shepherd, Rottweiler, Doberman Pincher or any breed that has been classified as aggressive or dangerous in nature by Palm Beach County Animal Care and Control Ordinance 98-22. 7. Garages. If you have one or more automobile, at least one must be kept in the garage. For your safety and security, garage doors must be kept closed, except when actively being used. 8. Vehicles. All vehicles must be registered with the HOA at all times. The following are the vehicle restrictions within the Property: (a) Motorcycles, Trailers, Boats, Recreational or Commercial Vehicles (i.e. trucks with logo s or equipment exposed) of any type are not permitted except within your garage. (b) Vehicles 17 feet in length, 80 inches in height, double axle, double wheeled, or raised suspension vehicles must be parked outside the community. (c) Open bed pickup trucks, with custom covers only, are permitted to be parked on community property, driveways and parking spaces. Uncovered pickup trucks must be parked in your garage or off the property. The Association has the right to authorize towing at the sole cost of the owner of the vehicle. (d) Vehicles parked over one (1) week in any community space, without written approval, or vehicles parked blocking the access of Emergency and Sanitation vehicles in alley ways, will be towed at owner s expense. No parking in front of garage doors unless you have the extended driveway on Gardens Parkway or on a Capri unit s driveway. No overnight parking at the mail kiosk or club house parking spaces. (e) Vehicles not parked in designed parking spots or within the bounds of a unit owner s or resident s respective driveway are subject to immediate tow as such instances are safety hazards. This includes but is not limited to any part of or the entire vehicle parked in the street, in the alleyway or anywhere on the common areas that are not designed as parking spots. (f) Tenants are restricted to one vehicle per licensed/registered occupant. Page 7 of 11
9. Sales & Rentals: All sales and rentals must have a Certificate of Approval by the Board of Directors and an orientation interview prior to moving in. The Association requires ten (10) business days to process any completed application. All incomplete applications will be rejected and must be resubmitted in its entirety after completion. Please note that a maximum of 79 units can be rented at a given time. Before you consider renting your unit, please contact the Property Manager to inquire about the current rental number. 10. Use of Common Areas: Any social invitee who is not related to an owner or tenant must be accompanied by the owner or tenant in the use of all common areas including the Clubhouse, Pool Areas and Gymnasium. Owners and residents in residence have full use of the facilities during posted open hours. 11. Refuse: All garbage and refuse must be placed in closed garbage containers and lids must be firmly attached. Do not overfill. Place closed garbage containers for pick up, only after 6 pm Tuesday and Friday nights. Blue and/or Yellow recycling bins can be placed out after 6pm only on Tuesday nights. All garbage containers and recycle bins must be placed back in your garage no later than 6 pm on the day of pick up. 12. Signs: No signs of any kind, including but not limited to: For Sale, For Rent or Open House is permitted on any window inside or outside or any other part of the Unit or Common Area without prior written approval of the Board. 13. Garage/Yard Sales: Garage and Yard sales are prohibited. 14. Architectural Review: Any modifications or structural changes to the exterior including antennas, satellite dishes or Accordion Hurricane Shutters, must have prior written approval from the Architectural Review Committee (ARC). An ARC application (which can be found at www.capitalrealtyadvisors.com) and a $50 processing fee (payable to Harbour Oaks HOA ) are required to initiate the approval process. Please note that the $50 processing fee for satellite dishes will be waived. Additionally, the following exterior modifications are prohibited, but not limited to: Permanent or portable basketball hoops, permanent decorations, swing sets, playground equipment, clotheslines, clothes drying facilities, permanent garbage cans, woodpiles, above ground swimming pools, docks, piers, hedges, walls, dog runs, animal pens, window AC units, or fences of any kind. 15. Nuisance: Any noise or other condition that will disturb the peace, quiet, safety, comfort or serenity of any other resident is prohibited. A noise ordinance exists from the hours of 10PM to 8AM. Basketball hoops and/or playing basketball within the community is prohibited. 16. Open Houses: Open Houses are only permitted from 12 pm (noon) to 5 pm on Saturdays and Sundays. All other showings must be by appointment. Page 8 of 11
17. Hurricane Season: Each Unit Owner who is absent anytime from May through December must prepare their unit by removing all wind movable objects from their patio and balconies. All other Owners must prepare their Unit(s) at least 24 hours in advance of an incoming storm. 18. Holiday Lighting: All holiday lighting and decorations must be removed from public view no later than January 15 th, following the December holidays. 19. Fines and Appeals: Violations of any of the governing documents including but not limited to the Restrictions and/or Rules & Regulations are subject to a fine. The owner is solely responsible to the Association for their violations as well as the violations of their lessee(s) and/or guests. The owner also has the right to a hearing in front of the Grievance Committee, who can impose fines up to $100 per day, up to $1,000 per violation. The Board of Directors does not have the authority to overturn any fines that the Grievance Committee imposes. 20. Traffic Regulations: The Board of Directors of Harbour Oaks may set the maximum speed limit in the community and must post it at the main entrance of the community, which is currently set and posted at 20 mph. The Palm Beach Gardens police will enforce traffic laws within Harbour Oaks. 21. Pool and Spa: These amenities are only for the use by Harbour Oaks residents and their guests as long as the resident is accompanying their guest(s). Residents are responsible for themselves and all their guests, which include any violations, fines and/or fees. Please note that there is not a lifeguard on duty, so you swim at your own risk. Additionally, these premises are video recorded at all times. (a) The pool and spa is opened daily from dawn to dusk, which has currently been adopted by the Board as 6am to 9pm and is subject to change at the discretion of the Board. No one is allowed in these areas outside this timeframe. (b) Children under the age of 14 must be accompanied by an adult at all times. (c) No glass containers of any kind within the gated pool and spa areas. This includes but is not limited to beer bottles, wines glasses and wine bottles. (d) No food in the pool and spa area. Food is only permitted in the lanai area. (e) No pets allowed within the gated areas of the pool and spa. (f) No smoking is permitted in the pool and spa area, except for designated smoking area. 22. Clubhouse Rental: The clubhouse is available for rental by residents only after the completed application along with proper funding has been submitted and approved in Page 9 of 11
writing by the HOA. For more information on renting the clubhouse, please refer to Clubhouse Rental Application. The following are restrictions of the clubhouse rental. Please note that these restrictions may be amended at any time with Board approval. (a) Reservations for the use of the clubhouse facilities must be approved and scheduled by the management office no earlier than 60 days prior to the event. A refundable damage deposit and a non-refundable cleaning fee will be collected from residents at time of reservation. (b) No personal profit motivated business or sales related activities are permitted. (c) The resident applying/accepting the arrangement for the function is liable and responsible for all clubhouse furnishings, as well as damages and loss to any element of the clubhouse including but not limited to furniture, fixtures, carpet, sound equipment, building structure and equipment for pool. (d) The resident making arrangements acknowledges that any supplies or equipment brought into the clubhouse are the responsibility of said resident. (e) The Association assumes no liability or responsibility for any loss or damage. (f) Any vendor/caterer contracted for any event must have proof of insurance. A health permit is required from all caterers. The aforementioned must be on file with the on-site administrator at least three (3) days prior to event. (g) A separate cleaning fee must be collected at the time of the security deposit. At the conclusion of the event, the clubhouse must be restored to its previous condition, as it was before resident took possession. Failure to properly restore the premises will result in part or all of the refundable security deposit being withheld by the Association. (h) The clubhouse facilities shall not be available on major holidays or eves of holidays. (i) Clubhouse rental hours are Monday through Thursday, between 10:00 a.m. until 10:00 p.m.; and Friday through Sunday, between 10:00 a.m. until Midnight. All parties must conclude by midnight. (j) No smoking is permitted anywhere in the clubhouse. (k) No pets are permitted anywhere in the clubhouse facility or pool area. (l) Proper attire is required in the building, i.e., no swimsuits, bare feet, bare chest. Cover-ups are required. Page 10 of 11
(m) Homeowners are responsible for their conduct as well as the conduct of their guest. Courtesy, decorum, good conduct and safe behavior must be observed. No loud or disorderly conduct. (n) Any persons or organizations using the clubhouse shall be responsible for the cost, repair or replacement of any homeowner association property that is misused, damaged or stolen while under their or the organization's care, custody or control. (o) Any supplies or equipment may not be stored at the clubhouse. Any supplies or equipment will not confer any responsibility to the Association for any loss or damage sustained by such property. (p) The authorized resident using the clubhouse kitchen facilities are responsible for the care and cleaning up thereof. Urns, coffee canisters, counters, etc. shall be thoroughly washed. Garbage must be disposed of in suitable bags and taken off premises at the conclusion of function. Furniture and equipment must be returned to its proper locations. (q) No equipment, furniture, notices or photos on association property may be removed from the clubhouse or its surrounding areas. (r) Homeowners are not permitted to have pool parties. (s) Homeowners will observe a 10:00 p.m. noise ordinance. No outside noise allowed after 10:00 p.m. including the picnic/barbeque areas. (t) The posting of signs, notices or photos on any common area or clubhouse surface is prohibited. These Rules and Regulations provide the general guidelines for the community and may be modified at any time by the Board of Directors. For all information regarding the community, please refer to all the governing documents of Harbour Oaks of Palm Beach Gardens in their entirety. Page 11 of 11