COUNTRY GREENS @WESTCHESTER HOMEOWNER S ASSOCIATION RULES AND REGULATIONS CURRENT AND PROPOSED VERSION 2016 1
RULES AND REGULATIONS Introduction (Declaration, Section 5.6 and 8.2) A. This is an Adult Community" which mandates that an adult member of a family or couple be 55 years of age or older. No child younger than 19 years of age shall be allowed to live in a unit. B. An owner is responsible for his tenant, guest and/or visitor and will be financially liable for damages caused by the above and for their violation of the Association's approved Rules and Regulations, and/or Documents. C. Maintenance fee MUST be paid on or before the 15th day of each month. A late fee of $25 will be charged for delinquent payments. Vehicle Parking and Speed Limits A. No recreational vehicles, trucks, trailers, motorcycles, motor scooters, mobile homes, etc. shall be placed or parked overnight on any portion of the common properties, streets or on Unit Owner's property without specific permission from the President or designated board member. Violators are subjected to the towing policy. B. It is incumbent that Unit Owners park vehicles only in the garage or driveway, not in the streets. No storage of vehicles is permitted in the common areas. C. Repair of vehicles and/or maintenance is not permitted on the premises except in the event of an emergency. D. The speed limit for operation of any vehicle in the community shall be 20 miles per hour. E. Speeders will receive only 1 (one) warning. Architectural / Landscaping A. No structure, fence, wall, landscaping or other improvement shall be commenced, painted, erected or maintained in Country Greens, nor shall any exterior additional change or alteration be made until the plans are submitted in writing to the architectural/landscape committee whose approval must then be approved by the Board. The decision of the committee shall be approved or rejected at the next scheduled Board meeting. 1. Unit owners must fill out an architectural review form to receive Board approval. 2. The completed application must be submitted to the appropriate committee chair or designee. 3. The committee has 30 days to decide on a recommendation to the Board. 4. The recommendation must be brought to the next scheduled Board meeting for approval. 2
5. Within one week of the Board decision, the unit owner will receive notification by phone, written or email of the Board decision. B. VEGETATION: 1. No vegetation may be planted on common property without written approval by the Board. Property easements must be respected. No planting is allowed in utility, drainage and road easements. 2.All new tree or shrub plantings must be pre-approved by the Board. A tree planted in a lawn area must be encircled by soil at least 24 inches in diameter to prevent damage from lawn mowers and whips. 3.No trees may be removed unless one of the following conditions exist: a. The tree is dead b. It is a nuisance tree determined by the State of Florida c. The tree directly interferes with a foundation, sidewalk driveway or water/sewer lines and cannot be corrected by root pruning. 4. A homeowner at their own expense may request removal of a tree from their property with a tree acceptable to the state, county and Board. Permission will be granted if the tree is damaging or threatening the unit driveway. Replacement trees may be planted on owners or common property in accordance with existing regulations. Only trees approved by Palm Beach County shall be allowed if permission is granted to replace a palm or shade tree. (6 hardwood replacement trees are geiger, dwarf magnolia, dahoon holly, crepe myrtle, pigeon plum & Spanish stopper). Prohibited plant species (Palm Beach County) are air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, queensland umbrella tree. A Norfolk Island Pine tree is not permitted except in a pot. 5. Vegetation prohibited by the state or county will not be planted. Fruit trees & vegetable gardens may not be planted. 6. The Board reserves the right to remove any tree or vegetation detrimental to a structure or fence. If the Board decides to remove a tree from a unit owners property, it will give at least 24 hours notice. The owner may request the stump be ground or removed if possible. 7. The HOA is responsible for all vegetation and landscaping on common ground. All trees originally planted by the developer even if on unit property is also responsibility of the HOA. C. RESPONSIBILITIES FOR MAINTAINING OR REPLACEMENT OF OWNER S PROPERTY ARE AS FOLLOWS: 1. UNIT OWNER: a. FENCES All new fences must be wood painted white or white vinyl with flat post caps with minimum size sections of 6 x6 unless otherwise approved. No fence or patio may be constructed outside existing fence lines or be less than 5 or more than 6 tall. Adjoining fences may not be made from different materials or be different heights. All existing fences will be allowed to remain standing provided they are properly maintained. 3
1. Privacy fences in front of unit must be shadow box style and have a dog-eared top, similar in style to existing wood fences. 2. Existing wood fences may be stained clear or lightwood with a preservative. They may also be painted white or the color of the unit to which it belongs provided they are properly maintained. 3. A house may have a privacy fence no more than 12 ft. long extending eastward from the north rear corner. 4. No fence may be erected on the side of a unit. 5. Plantings inside or adjacent to a fence are the responsibility of the homeowner. 6. A fence may be removed provided a landscaping replacement plan is approved. 7. If an existing fence is in disrepair or needs repainting the owner is required to make necessary repairs consistent with the above regulations. 8. If there is a dispute over the erection of a new fence, the affected homeowners must come to an agreement. Article XVIII, Sections 1-7 will apply. UNIT OWNER-CONTINUED: b. Damage, repair and cleaning of gutters. c. Deterioration of exterior molding, doors and garage doors. d. Exterior windows, screens and wood support for patios. e. Leaks from windows and below grade through cement floors. f. Cement surfaces: 1. Upkeep, repair and cleaning of cement. 2. Driveways and walkways when painted must be TUF TOP brand, cement color or Board approved equivalent. 3. A unit owner may change the configuration of driveways using cement only. A driveway may be widened by no more than 6 feet and may not be more than 12 feet wide. Unit owners changing a walkway may also use approved pavers. Any changes are subject to prior board approval on an individual unit basis. Approval for such requests will depend on the appropriateness for the unit and the impact on the community. No work can commence without Board approval. HOA: 1. Fences separating the backyards of some villas belong to the HOA. The HOA must erect & maintain this fence consistent with the rules and regulations. 2. Plantings or objects which may impact this fence must be approved. 3. The HOA may remove anything which interferes with ability to maintain this fence. 4. Roof shingles, trusses and plywood. 5. Leaks from roof area and vents. 4
Pets, Service and Assistance Animals A. Residents are permitted to have an animal residing in their unit provided they are 25 lbs. or less at full grown size. Each unit is limited to one dog or other animal. Animals are permitted provided they are not a nuisance or a threat to the health and safety of the community. Property owners and residents are responsible for the behavior of all animals visiting or residing in their unit. B. Any resident may seek an accommodation for a service or assistance animal for An emotional or physical disability/handicap in accordance with local, state and federal law must seek approval by the Association prior to bringing the animal into the community. This notice of intent must be made in writing. 1. The Association may seek documentation to determine if the service or assistance animal poses a direct threat to the property, health and safety of others prior to its decision. 2. The Association may seek documentation to determine if the service or assistance animal requested will help alleviate one or more symptoms the disability causing the request prior to its decision. C. A resident may allow guests to bring animals into the community while visiting. A resident may board an animal for no more than two weeks, provided they inform the HOA. Boarded animals are subject to all pet regulations. The HOA may grant requested extensions under extenuating circumstances. D. Residents and guests must make every effort to insure their animal does not cause disturbances especially between the hours of 10 PM to 8 AM. E. All animals taken outside must be on a leash, under the control at all times and not walked on any unit owner s lawn. While they are outside, the person walking the animal and the owner are responsible to clean up animal waste immediately. F. Animals are not allowed in the clubhouse, pool area or tennis court unless an accommodation for a disability or handicap has been approved. G.The owner of any pet, service or assistance animal will indemnify the Home Owners Assoc. (HOA) and hold it harmless against any loss or liability or any incident Involving an owner s, lessee s or guest s animal on HOA property. H. Any resident or boarded animal which needs to be taken outside regularly must be registered with the HOA by providing a photograph and proof that the animal has all inoculations requited by law. Item H will only apply to animals brought into the community after June 1, 2012. Recreational Facilities (CLUBHOUSE) 1. Damage to equipment, furniture, or any property owned by the HOA is the financial responsibility of the person(s) causing the damage. Unit Owners are responsible for the damage caused by their guests or renters. 2. No smoking is allowed in the Clubhouse. 5
3. Clubhouse bulletin board: HOA announcements are allowed to be posted. Sale signs are permitted for one month. No political announcements, or commercial ads are allowed to be posted. The Board of Directors has the authority to remove inappropriate notices. 4. Pets are not allowed in the Clubhouse, pool area, or tennis court. 5. The use of the pool, tennis, shuffleboard and bocce ball courts maybe curtailed in or About the Clubhouse when special events are scheduled. 6. The Clubhouse may be available for private parties with Board of Directors Approval. The fee for the use of the Clubhouse facility is $50.00. A security and Damage deposit of $200.00 is required. This deposit is fully or partially. refundable after inspection. All parties wishing to reserve the Clubhouse must sign a Reservation form and agree to abide by all the rules set forth therein. 7. All bicycles are to be placed at bike rack ONLY. 8. Residents may use the Clubhouse for small gatherings when the clubhouse is not being used by the HOA or a previously approved activity. Residents seeking such use must take personal responsibility and inform the Board designated representative of when the use is desired. A resident failing to clean up, request permission, or keep order will be subject to the Board suspending their ability to use the Clubhouse for personal gatherings. The resident will be responsible for any damages. SWIMMING POOL: 1. Persons using the pool must do so at their own risk. There is no lifeguard on duty. 2. Pool hours are from dawn to dusk based on Palm Beach County Ordinance. 3. All persons must shower before entering pool. 4. Ball playing, running, skating & bicycle riding is not permitted in the pool area. 5. Small flotation devices are acceptable. 6. Animals and glass containers are not allowed within the fence perimeter. 7. No person under 15 years of age shall be allowed in the pool area without an accompanying adult. 8. The swimming pool @Country Greens is open to all owners in good standing, approved renters and guests regardless of age. Bathers who are not continent are prohibited from using the pool unless they wear special swim diapers (swimmies) which prevent leakage. Children 15 years of age and under must be supervised by a person at least 18 years of age. All bathers are expected to follow posted rules. 9. Diving or jumping in the pool is not permitted. 10. Food or drink are not permitted in the pool or wet deck area (4 feet from edge of pool). 11. Drinks are allowed inside the fence perimeter and must be in PLASTIC OR CARDBOARD CONTAINERS. 12. No alcoholic beverages will be permitted except at events sponsored by the HOA and or community functions when there is no pool use. 13. All litter must be placed in garbage cans provided or removed from the pool area for proper disposal. 6
14. Pool deck furniture must not be removed from pool area. All chairs and chaises must be covered by a towel when is use and be returned to original positions. Umbrellas must be closed and tied. 15. No one is permitted to use water rescue equipment except in an EMERGENCY. TENNIS COURT/SHUFFLEBOARD/BOCCE BALL COURT: 1.The tennis/shuffleboard/bocce courts are available to all residents and guests. 2.No food shall be brought on the tennis court; all water must be in a plastic container. Alcoholic drinks are not permitted. 3.All children under 15 years of age are to be accompanied by an adult. 4.Animals are not permitted within the tennis court fence. REFUSE POLICY: 1.Rubbish, trash, recycle bins, vegetation or any other waste materials shall be placed at the curb ONLY the evening before or the morning of the scheduled pickup. Please place blue bins on top of yellow to prevent papers being blown about the community. 2. Recycle bins and containers must be returned to a location which cannot be seen from the street on the day of the pickup. 3. Residents must obey all county, state and federal laws and regulations when disposing of refuse. 4. All household garbage placed outside for collection shall be place ONLY IN COVERED GARBAGE CONTAINERS. County provided bins should be used for recycling. 5. Residents are responsible to clean up any refuse left on the street/yard by improper handling by the resident or refuse collectors. In addition residents must clean up any mess of the refuse caused by animals. 6. Littering or leaving trash on common ground is prohibited. All residents are encouraged to help keep Country Greens clean by picking up litter they see in the community. SALES, RENTALS AND TEMPORARY OCCUPANCY A. It is mandatory that owners as soon as they are aware of a buyer or renter contact Jeanne Grimaldi @561.364.0742), Chair for Residential Screening application forms to fill out before a transaction may be completed. These forms, together with a non-returnable fee of $100 (outside United States fee $150), must be approved after a personal interview with the screening committee of the Board of Directors prior to concluding the sale or the 7
lease. Fee s must be a cashier s check or money order. NO PERSONAL CHECKS. B. A unit owner may rent his unit only 1 time for a minimum of 4 months in any consecutive 12 month period. A unit owner who allows property to be occupied prior to approval of rental or buying is subject to action by the Board. C. Upon approval of the proposed renter referred to above, the renter shall deposit with CGHOA, at least 10 days prior to the inception of the lease, a cashiers check or money order for $100 (outside United States $150) and a $500 security deposit (no interest). This deposit shall be applied toward any loss or damage sustained by the HOA as a result or failure to comply with the Rules and Regulations. Deposit is returnable with written request and mailing address to Campbell Property Management, 3918 Via Poinciana, Suite 9, Lake Worth, Fl. 33467 (phone 561.432.2703), should there be no loss or damage sustained to the HOA upon moving out. D. An owner must inform the HOA when allowing their unit to be used by temporary occupants. After TWO WEEKS of such residence, the temporary occupant must fill out a residential screening application. The temporary occupant is then subject to an interview and background check. At that time, the unit owner must file a written notice to the HOA giving specific permission for the individuals to use their unit as a temporary residence indicating the length of time the temporary occupant plans to be in residence. The unit owner assumes responsibility and financial liability for the behavior of a temporary occupant and their guests. On a monthly basis the temporary occupant must request permission to remain a resident. The unit owner must inform the HOA of any extensions of use and at the conclusion of temporary occupancy. E. Limitation of Ownership: Notwithstanding anything stated to the contrary in this Declaration or any other governing document, an individual and individual s spouse, and any entity in which the individual or spouse have an interest, shall not own in whole or in part more than two (2) units. If unmarried, the term spouse shall also include a person who is the equivalent of the individual s spouse. In addition, no person or entity may own more than two (2) units by using a straw purchaser to circumvent the intent of this paragraph. No unit owner may rent, sell, or otherwise convey a unit for the first twelve (12) months of ownership. VII Miscellaneous _ A. There shall be no solicitation or distribution of notices or material by any person or group anywhere at Country Greens for any cause, charity or any 8
purpose whatsoever, unless specifically authorized in writing by the Board of Directors. B..Every resident or guest is prohibited from swimming, boating or fishing in the lakes. C.Feeding any species of birds or wildlife is strictly forbidden. D. No signs of any kind may be posted on or around any property. Realtors may post "Open House" signs outside the community. E.Flammable, combustible, or explosive substances are not to be used or stored in garage or unit. F.Rodent extermination (rats, mice etc) are Unit Owner responsibility. G. Generator s: a small, portable generator that can fit in ones trunk & is the size of a cooler must be stored in garage; a larger generator needing electric there are definite permitting, location & screening requirements per Palm Beach County Code Enforcement Div. An ARB application must be submitted for approval. VIII Rules and Regulations Enforcement A. Failure to comply with all Rules and Regulations shall be grounds for immediate action by the Board. These may include an action to recover sums for damages, fining, suspension of the use of Common Elements, or any combination thereof. B. The Board may impose fines against an owner up to the maximum amount permitted by law. (Florida Sta. 720.305). NOTICE: Upon closing, the seller should present the buyer with the following: HOA Documents, which consists of Declaration of Covenants, Articles of Incorporation and By-Laws. If these documents are not made available, the buyer should obtain copies from the Management Company at a charge of $75.. Mailbox key and location of box must be obtained from previous owner or from local Post Office. Pool key supplied by previous owner or contact Jeanne Grimaldi. ALL UNIT OWNERS MUST CARRY HOME OWNER'S INSURANCE AND SHOULD PROVIDE A COPY OF THE DECLARATION PAGE TO THE MANAGEMENT COMPANY EACH YEAR IT IS RENEWED. 9