SUNSET HAMMOCK CONDOMINIUM ASSOCIATION RULES AND REGULATIONS (Updated MAR. 03, 2017) Table of Contents Introduction... 1 1. Owner Contact Information and Access to Units... 2 2. Dues and Assessments... 2 3. Common Areas and Exteriors of Units... 3 4. Exterior Appearance of a Unit... 3 5. General Rules... 3 6. Garbage and Refuse... 4 7. Association Contractors and Employees... 4 8. Rentals and Visitors... 4 9. Parking... 5 10. Clubhouse, Pool, Hot Tub, Tennis Court and Common Elements... 6 11. Dock and Slips... 7 12. Pets... 9 13. Improvements, Maintenance, and Repairs... 9 14. Variances... 9 15. Definitions... 10 Appendix A Sunset Hammock Slip Rental or Lease Income Recording Form... 11 Appendix B Marina Maximum Boat Size and Draft Specifications... 13 Rules: Vessel Length... 13 Rules: Vessel Depth... 13 Definitions... 13 Marina Areas Defined... 13 Appendix C Resolution: Exterior Alterations... 15 Introduction These rules and regulations are intended to assist the Association in making life at Sunset Hammock a pleasure for all by setting out a clear listing of the obligations of the owners, their guests, and invitees. It is the intention of the Association to ensure that the rules and regulations will be implemented fairly and equally with regard to each of the owners. 1
Many of the obligations set out in the Declaration of Condominium, as amended, are paraphrased in these rules and regulations. These rules and regulations are to be interpreted consistent with the Declaration of Condominium, as amended. Where notice to the Association is required, notice must be given to the property management company designated by the Board of Directors No set of rules has yet been devised to cover every conceivable situation or emergency. Unit owners are invited at any time to propose such new or amended rules and regulations as may be desirable to promote the quality of life at Sunset Hammock. 1. Owner Contact Information and Access to Units a) The Association maintains a list of all owners, including the address, telephone, e- mail, and other contact information. This information will be made available to the property Management Company, accountants, and directors of the Association. b) This information will be made available to other unit owners unless a unit owner requests that the information remain unpublished. c) A unit owner must provide a current entry key and alarm code to the Association. The Association will make reasonable provision for security of entry keys and alarm codes. Except in an emergency constituting risk of life, health, safety, or substantial property damage, the Association shall not access any unit without prior attempts to give reasonable notice to the unit owner or lessee. 2. Dues and Assessments a) All dues and assessments must be paid not later than the fifteenth day of the month in which the dues or assessment is due. b) Assessments and installments on them which are not paid when due bear interest at the rate of 15% per annum, from the due date until paid. The Association will charge an administrative late fee in addition to such interest, in equal to amount the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. 2
c) Any payment received by an Association shall be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. 3. Common Areas and Exteriors of Units a) Walkways, entryway areas, and other common areas shall not be obstructed. b) Personal property must be stored either within a unit or within an assigned storage area. c) No garbage cans, supplies, or other articles may be placed on sidewalks or common areas. d) Linens, cloths, curtains, rugs, mops, laundry, or other articles may not be hung on balconies where visible from common areas. e) The Board of Directors may remove any item erected or installed on the roof, exterior walls of a building, or other portion of the common elements without the prior consent of the Board. f) No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted, or affixed upon any part of the premises which may be seen from the common areas g) No structure, building, awning, canopy, shutter, or other projection may be attached to or placed upon the premises without the prior consent of the Board. 4. Exterior Appearance of a Unit The exterior appearance of a unit may not be altered without Board approval. No article shall be hung from the doors or windows or placed upon the outside window sills of a unit. To further clarify this House Rule see, Appendix C Resolution: Exterior Alterations. 5. General Rules a) No unit owner shall make or permit any disturbing noises or offensive odors that would interfere with the rights, comforts, or conveniences of other occupants. Upon request by the Association, a unit owner shall take all steps necessary to cause such noises and odors to cease. b) No flammable, combustible, or explosive fluids, chemicals, or substances may be kept in any unit except as may be required for normal household uses. c) The owner must close or provide for the closure of the hurricane shutters on their unit when hurricane or tropical storm warnings are issued by the government for the area that includes Sunset Hammock property. The owner shall be responsible for any 3
expenses incurred by the association occasioned by the failure of the owner to comply with the forgoing, together with a fine in the amount of $150.00 for failure to comply. This will be strictly enforced for the safety and protection of all. d) Any suspicious person or incident shall be immediately reported to the Board of Directors or to the property manager. e) No solicitations of any type shall be permitted on the Sunset Hammock property at any time. f) Moving times are restricted to the hours of 9:00 a.m. through 4:30 p.m., Monday through Saturday. A unit owner is responsible for any and all damage to property or person occasioned by moving of furniture and other property. Care must be taken to prevent obstruction of access to any unit due to moving activities. g) No more than one family may reside in a unit at one time. No more than six persons may occupy a unit. h) OPEN HOUSES NOW ARE PERMITED WITH SIGNS FOR THREE HOURS. YOU MUST FOLLOW THE OPEN HOUSE RULES AVAILABLE ON OUR WEBSITE OR THROUGH OUR PROPERTY MANAGEMENT COMPANY. 6. Garbage and Refuse a) All garbage must be tightly wrapped or fastened in plastic bags and deposited with other refuse in the household waste dumpster. No household waste may be deposited in the dumpster designated for yard waste b) Large household items, other than construction debris, may be placed next to the dumpsters for pickup. The person placing the items next to the dumpsters is responsible to call for pickup, and is responsible for any additional charges made for the pickup. c) It is the responsibility of a person conducting construction, renovation, or repair activities to ensure that the resulting waste is disposed of properly off condominium property. 7. Association Contractors and Employees a) The Board of Directors shall be solely responsible for directing and supervising the employees and contractors of the Association. Any complaint about the activities of employees and contractors must be directed to a member of the Board of Directors or to the property management company. 8. Rentals and Visitors a) Prior to the effective date of any lease or rental agreement, a unit owner must provide information to the Association. Leases are subject to the Association s rights as described in Paragraph 18, and its subsections, of the Declarations. Owners must comply with all Rental or Lease Fees and Conditions as stated in Sunset Hammocks New Rental- Sale Form adopted May 20th 2006. This form will be available from Cruz Morato & Asso CPA office. Call 305-743-4599 or our Managers. 4
b) A unit owner is responsible to ensure that all renters and visitors comply with the Association rules and regulations. Any and all costs, expenses, fees, and charges resulting from noncompliance by a renter or visitor may be assessed against the unit owner causing the renter or visitor to be on the premises. c) Persons not residing at Sunset Hammock must be accompanied by an Owner or resident or be prepared to show proof of being an authorized guest. d) If a renter or visitor, other than the family of a unit owner, is expected to remain on the premises for 24 hours or more, the unit owner shall notify the property manager of that fact, including the name of the visitor and a description and license number of the renter or visitor s vehicle(s). The Association may have any vehicle not listed with the Association removed from the premises at the owner s expense. Prior to such removal, the Association will make a reasonable effort to notify the owner of the vehicle e) A unit owner is prohibited from leasing or renting a unit for a term less than 60 consecutive days. f) Upon request, a unit owner will provide a true copy of any lease or rental agreement to the Association. g) Visitors & Renters of owners may bring pets to Sunset Hammock, and the unit owner is responsible to ensure that a visitor s pets comply with these rules. h) Visitors of Renters may not bring pets to Sunset Hammock. 9. Parking a) A unit owner must provide a list of all vehicles, including trailers, and their license numbers, that the unit owner expects to remain on the premises for more than 24 hours. The Association may have any vehicle not listed with the Association removed from the premises at the owner s expense. Prior to such removal, the Association will make a reasonable effort to notify the owner of the vehicle. b) All vehicles shall be parked in spaces designated for parking, and in a manner so as to allow reasonable access to all units and common elements. c) Each unit in buildings 7, 8, and 9, shall have a parking space immediately in front of the unit designated for the exclusive use of that unit. d) Parking areas are intended for automobiles, delivery vehicles, bicycles, and other small items of personal property. A unit owner may park a boat completely within the covered parking area of a unit. e) A unit owner may not store trash, garbage, or refuse in a parking area. f) All vehicles must be properly licensed and insured to the standards required by Florida law. g) The Association provides and oversees an area of the complex specifically intended for the storage of boats and trailers - designated boat storage. It should be understood that the amount of space available for boat storage is limited and it is being managed 5
on a first come first serve basis with preference given to unit owners. If a boat cannot fit completely within the covered parking area of a unit, it may be stored in the designated boat storage as long as it adheres to the following provisos: 1. Designated boat storage is intended for actively used boats. A boat that is stored in the designated boat storage area must be used at least once in a two year period to be considered actively used. 2. A boat that sits in the designated boat storage area must be maintained in an operational state, as must the trailer the boat sits on. For a boat and trailer to be considered in operational state, the following must be true: a. The boat and trailer must be functional; b. Both must have current registration certificates displayed; c. The boat must have the appropriate liability insurance and be compliant with all insurance requirements as defined later in the House Rules; d. Boats must be properly covered or drained at all times so they don t attract mosquito larva. 3. Each boat in the designated boat storage area must have a Board approved assigned spot. 4. If the board of directors determines that a boat in the designated boat storage area is not in compliance with the above stated regulations, it has the absolute right to revoke the privilege of storing that boat in the designated boat storage area. In which case, the owner must remove the boat within 30 days of receiving such notification or risk the boat being removed from the complex at owner expense. However if it is a non- owner / renter, the boat may be removed in 72 hours or less after notification with by the Board also at the unit owners expense. No more than one spot with one trailer per unit is allowed in the designated boat storage area unless temporary permission is given by the board of directors or its designated representative. All issues pertinent to the use of the designated boat storage area should be emailed to: boatparking@sunsethammock.com h) Campers, motor homes, and commercial vehicles are not permitted within Sunset Hammock except for loading and unloading. i) Minor repairs of vehicles or boats may be made on the premises 10. Clubhouse, Pool, Hot Tub, Tennis Court and Common Elements a) No child under the age of 14 shall be permitted to use the common elements, recreational areas, pools, tennis courts, or docks without direct adult supervision, which shall require an adult to accompany and remain with the child at all times. 6
b) A unit owner is entitled to a key for the clubhouse. c) The clubhouse must be locked at all times when not in use. d) A person using the clubhouse must clean up after the use. e) The clubhouse hours are 8:00 a.m. to 12:00 p.m. f) A unit owner may arrange through the Board for private use of the clubhouse. A $50.00 refundable security deposit is required. If the cost to clean up after a private event exceeds $50.00, the unit owner shall shall pay such cost on demand. g) The swimming pool is open from 9:00 a.m. to 11:00 p.m., daily. h) All persons using the swimming pool do so at their own risk. i) All persons using the swimming pool must obey all posted rules. j) No glass containers are permitted at the swimming pool. k) Radios may be loud enough for individual listening, only. l) Flotation and sports equipment cannot be left overnight. m) Tennis courts are for the use of owners and guests, only. The tennis court is open from 8:00 a.m. to 11:00 p.m., daily. n) No glass containers are permitted on the tennis courts. o) No bicycles, roller blades, skateboard, or other wheeled items are permitted on the tennis court surface. 11. Dock and Slips a) When either renting or leasing your dock slip, the Sunset Hammock Slip Rental or Lease Income Recording Form must be filled out and received by the representative designated by the Association, currently the Association s accountant, Marlene Morato Cruz Morato & Asso prior to allowing a rental/lease vessel to occupy your slip. See Appendix A for a copy of this form. If the Association s management company determines that the boat occupying your slip must be measured, the lessee(s) will fully cooperate with the Association s management company to have the boat measured. In the event that the boat is found in violation of Association rules or if any of the information in the form or any other information provided by or on behalf of the lessee(s) with respect to their boat is materially incorrect, any approval for that boat to use the marina shall automatically and immediately be revoked and that boat shall immediately be removed from the marina. b) The lights at the dock are on a timer and will be left lit from sunset to 11:00 p.m. c) The dock area is for the use of all owners and their guests. 7
d) Deposit all waste in a trash receptacle. e) Fishing from the dock is catch-and-release, only. f) The cutting table must be washed after use. No fish parts or bait may be placed in the trash receptacles. g) Boat slips are individually owned and maintained. Each slip owner is obligated to maintain its slip in good and clean condition. h) Renters and guests may not dock boats overnight unless they occupy a unit that owns a slip. Additionally, to clarify the wording in section 18.10 of the Declaration of Condominium which states A Unit Owner may not lease or rent a dock slip to persons who are not Unit Owners of Bahia Club, we add the following wording to this house rule: A unit owner may not separately rent or lease out their dock slip to anyone who is not a unit owner however, when a unit is rented the dock slip can be considered included as part of the rental. This will not preclude the unit owner from renting the dock to another unit owner during the time of the unit rental, as long as the unit renter agrees to that fact in writing. i) No person may remain overnight on any boat docked in the marina. j) The owners of all motor-powered watercraft brought onto the property must provide proof of liability coverage in the amount of $300,000, minimum. Additionally, Sunset Hammock Condominium Association must be listed as a Certificate Holder on the insurance policy. The owner of a boat is responsible for all property damage caused by the boat. k) The Association is not responsible for damage to boats or theft from them. l) The boat ramp and the gravel area in line with the ramp are for loading and unloading only. Boats and vehicles may not be left unattended on the ramp or the gravel area in line with the ramp. m) All watercraft and trailers must be removed from the dock and slips when a hurricane warning is in effect. n) No kayaks, canoes, or other personal watercraft may be left unattended in the vicinity of the loading ramp, except on a rack constructed for that purpose by the Association. o) Each owner of a dock slip is responsible for maintenance and repair of the dock slip. p) No owner or guest may use someone else s slip at any time without permission or a rental agreement. Failure to comply with this rule may cause your watercraft to be towed at the violator s expense. q) Our Guest End Parking Slip at the end of the dock pier is for short term parking, overnight parkers will be towed. If you have been warned you may just be towed no notice. r) The use of Fireworks on our docks are not permitted without Board Approval. s) Appendix B Marina Maximum Boat Size and Draft Specifications defines the requirements that boats must adhere to, to be allowed dockage in the marina. 8
12. Pets a) Each unit owner or their renters may have no more than two household pets, which pets may only be dogs, cats or birds. However, pure bred or mixed pit bulldogs are prohibited. b) A unit owner must register all pets with the Association, and such registration shall include sufficient information to identify the pet, such as breed, color, identifying marks, etc. The Association may cause unregistered animals to be removed from Sunset Hammock at the owner s expense. c) Pets must be leashed and under the direct control of their owners at all times when outside the unit. d) The owner of a pet is responsible for any damage caused by the pet. e) The owner of a pet must clean up all pet waste and deposit it in the dumpster within a tightly sealed container f) The Board of Directors may ban a pet from Sunset Hammock upon a determination that the pet is a nuisance. By way of example, and not by way of limitation, the Board will consider a pet to be a nuisance after repeated complaints of excessive noise, viciousness, odor, or lack of attendance and control. 13. Improvements, Maintenance, and Repairs a) All improvements to any unit must be performed in compliance with all applicable laws and building codes. Where required by law or code, improvements must be performed by a contractor licensed to perform the work. All contracting work must cease by 6:00 PM. No contractors will be allowed to work on Sundays. The foregoing will not apply in the case of an emergency b) Each unit owner is responsible for maintenance and repair of screens, railings, windows, the interior sides of entrance doors and all other doors within a unit, electrical, plumbing, heating, and air conditioning fixtures. 14. Variances a) The Board has the discretion to allow minor variances in these rules and regulations. b) The Board will exercise its discretion in a manner that is fair and consistent among unit owners. c) Variances will not be granted for a period in excess of 72 hours. d) The Board does not have discretion to allow violation of the Declarations. 9
15. Definitions a) Declarations or words of similar import used herein means the Declaration of Condominium of Bahia Club, A Condominium, AKA Sunset Hammock Condominium Association, as amended, recorded in the official records of Monroe County, Florida. b) Family or words of similar import used herein shall include a spouse, parents, parents-in-law, brothers, sisters, children, and grandchildren P. S. NOTE. OUR COMPLEX IS TO BE MANAGED BY A MANAGEMENT COMPANY, THE BOARD STRONGLY RECOMENDS OWNERS AND BOARD MEMBERS TO ALLOW ALL POLICING TO BE DONE BY OUR MANAGERS. IF YOU HAVE A PROBLEM WITH SOME RULE BEING BROKEN ON THE COMPLEX CALL THEM AND SAVE YOURSELF UNDUE STRESS. ONLY GET INVOLVED IF IT S A DANGEROUS ISSUE. THEIR JOB IS TO MAKE OUR PROBLEMS GO AWAY, ENJOY PARADISE.. THE BOARD M&A Management Ray Musselman 305-393-1373 Joyce Musselman 305-619-2259 10
Appendix A Sunset Hammock Slip Rental or Lease Income Recording Form Due to Florida Department of Environmental Protection reporting requirements we must now report all income received from the rental or leasing of boat slips. This form must be filled out and submitted to the representative designated by the Association, currently the Association s accountant Cruz Morato & Associates prior to allowing a slip to be occupied with a vessel not owned by the slip s unit owner. Unit Owner Unit Slip Number Period (enter starting and ending dates) Slip Rental or Lease Income Calculate 7.5% of income Total (tax incl) Boat Owner Name State Boat Registration# Registration Expiration Date Boat Make and Model Total Boat Length w/engine Trimmed Horizontal (include bow anchor if applicable) Insurance Carrier Policy# Expiration Date Liability Coverage Amt. Property Coverage Amt. Note: Minimum Liability Coverage Amount and additional insurance requirements are defined in section 11.j of the House Rules Is boat insurance in force during hurricane season? (Circle one) YES NO 11
The overall length of the boat has been measured by the renter (or lessee) and he/she agrees that the boat is compliant with the length specifications for the slip being rented. Once the boat is on site, the Sunset Hammock managing agent reserves the right to measure the boat if deemed appropriate. Renter/Lessee Signature It should be understood that: 1. You are responsible for state fees associated with slip sales/rentals/leasing. 2. The state of Florida Department of Revenue will be checking all condominium dock slips at some point and asking for Sunset Hammock Condominium Association to match boat owners to any boats found in their slips. 3. Any taxes, fines, fees, etc. that may result from an audit by the state due to incorrect reporting of slip rental or lease related income from your slip will be attached to your unit. 4. Only the boat described above may be docked in the slip during the rental period and that boat must comply with the Marina Maximum Boat Size and Draft Specifications set forth in Appendix B of the Rules and Regulations. I confirm that all of the information that I have provided is accurate and complete. Unit Owner Signature Date 12
Appendix B Marina Maximum Boat Size and Draft Specifications Rules: Vessel Length The vessel length for the purpose of the rule is engine up (in a horizontal position). If a vessel owner maintains their engines down so as to be within the length limit, they will be allowed to maintain their vessel in the marina so long as they so comply. If they leave their vessel in the slip with engine up, thereby violating the length limit, they will be given a written warning and a demand to bring the engine down. If they fail to do so, or if they do so and violate the engine down requirement again, their vessel will thereafter be considered noncompliant and be required to vacate the marina. If either of the following two conditions is exceeded, a vessel shall not be allowed dockage in the Sunset Hammock marina: The Total length that a boat occupies in a slip exceeds the specifications defined for the specific slip the boat is to reside in. The Length beyond the aft piling is exceeded As a guideline, a boat whose manufacturers boat length exceeds that specification in the tables below for a given slip will likely exceed one of the requirements stated above. Rules: Vessel Depth Vessels using the docking facilities shall be limited to those with a maximum draft of 3 feet as measured from the water s surface to either the bottom of the vessel s propulsion unit fully trimmed down or to the deepest part of the vessel whichever is deeper. Note: this is a restriction of the submerged land lease. Definitions Total length that a boat occupies in a slip This is the measurement of a boat s length from any overhang on the bow for the anchor and or bow pulpit or other protrusion to the engine s skeg or the furthest point of the boat s stern. Length beyond the aft piling The length from the far end of a dock slip s aft piling to the end of the tip of the engine s skeg (boat docked bow in). Manufacturers Boat Length The Manufacturers boat length is what the boat s manufacturer states as the boat length which excludes any bow anchors or engine considerations. Marina Areas Defined The layout of the Sunset Hammock marina consists of three distinct areas, each with its own size limitations. 13
Outer Docks: Slips #18-20 These dock slips are the outer most dock slips of the marina. On December 16, 2016 the State expanded the boundaries of the Submerged Land Lease around the outer slip areas. The following length restrictions apply as of December 28, 2016: Slips 18 and 19 - The total length that a vessel occupies in the slip cannot exceed 40 feet 10 inches. Slip 20 - The total length that a vessel occupies in the slip cannot exceed 35 feet. Outer Docks: Slips #14-17 These dock slips are located on the dock to the left of the Tiki hut and can accommodate vessels larger than can be accommodated on the main dock. Total Length that the boat occupies in a slip Length beyond aft piling Manufacturers Boat Length Not to exceed 34 feet Not to exceed 18 feet Recommended maximum size 29 feet Outer Docks: Slip #13 Additionally, as per the Olin report s recommendations, the following length restriction applies as of October 3, 2015: Slip 13 - The Total Length that a Vessel Occupies in the Slip cannot exceed 30 feet. Main Dock unimpeded access: Slips #1-5 Access to these slips is not impeded by the cement area in the middle of the marina Total Length that a boat occupies in a slip Not to exceed 30 feet Length beyond aft piling Manufacturers Boat Length Not to exceed 13 feet Recommended maximum size 26 feet Main Dock impeded access: Slips #6-12 Access to these slips is impacted by the cement area in the middle of the marina Total Length that a boat occupies in a slip Length beyond aft piling Not to exceed 28 feet 14
Appendix C Resolution: Exterior Alterations From this point forward, the board of directors of Sunset Hammock will enforce sections of the declaration of condominium: 17.4 Exterior Alterations; 17.9 Exterior improvements; 9.1 Consent of the Board of Directors. Under no circumstances shall any unit owner commence any construction on an exterior of his unit without following due process, defined as follows: 1. Written plans must be submitted directly to the board of directors either via regular mail or email c/o Management 2. Once such a request is received by the board, the board will take up to two weeks to review the written plans and have answered any questions that they might have concerning the proposed construction. 3. One of the following options, depending on the request, will occur: a. If the change requires a members vote, a vote of the members will be taken within 30 days of the request; or b. If the change is one which only requires a vote of the Board, the Board will need to approve the change within 15 days. 4. Under no circumstance will any construction commence unless and until written notification is sent by the board to the unit owner. 15