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PALM BAY ESTATES R.O. ASSOCIATION, INC.
INTRODUCTION
Welcome to Palm Bay estates, a resident owned community. The following rules and regulations are intended for the comfort, welfare and safety of the residents and their visitor, and for the purpose of maintaining the appearance and reputation of the community.
I. GENERAL INFORMATION
1.1 For the purpose of simplicity, the word “Association” shall mean Palm Bay Estates R.O. Association, Inc.; the word “Management” shall mean the person or persons appointed or hired by the Association to manage the Community; the word “Community” shall mean all of the land and buildings owned, operated and controlled by the Association; and, the word “Resident” shall mean any person who owns or rents property within the Community.
1.2 No soliciting or peddling of any kind shall be permitted within the Community without written permission from the Management.
1.3 The Association and Management shall be absolved from any and all liability to persons or property resulting from fire, theft, accident or any other cause whatsoever not directly or indirectly caused by the negligence of their agents or servants.
1.4 Residential waterfront and canal lots are for use by waterfront Residents only. However, waterfront Residents may allow other Residents the use of docks. The Management is to be notified of such arrangement. All boats shall be registered with the Management and all docks and anything attached or affixed thereto shall be maintained by waterfront Residents.
1.5 Televisions, radios, stereos, motor vehicles and other types of sound-producing equipment shall be kept at a moderate volume at all times, particularly between the hours of 10:00 PM and 8:00 AM so as not to disturb the peace, quiet and comfort of the Residents.
1.6 Rents, maintenance fees, mortgage payments, storage fees and utility payments are due and payable on the first day of each month, and if not paid by the tenth day of the month, a $20.00 late charge shall be assessed and added to the amount due. All payments shall be made by check. Any check returned by the bank because of “insufficient funds” shall result in a $30.00 assessment being added to the amount due. 1.7 Any mobile home in the Community may be sold by its owner providing the intended purchaser, prior to completion of sale, qualifies for residency in the Community and has the written approval of the Association to become an owner, which approval shall not be unreasonably delayed or withheld. Before a mobile home is offered for sale, the intended sale shall first be registered with the Management. No mobile home shall be sold to or occupied by a minor, or at least one (1) occupant of every mobile home must be fifty-five (55) years of age or older and no occupant shall be less than eighteen (18) years of age unless such occupancy commenced prior to the establishment of the Association.
1.8 Normal business hours at the manager’s office are: Monday through Friday, 10:00 AM to 2:00 PM, unless posted otherwise. The office is closed Saturday, Sunday, and all legal holidays. A 24-hour answering machine (321-723-3353) is available for messages. An emergency number is noted on that machine.
1.9 Mail delivery is provided by the U.S. Postal Service directly to each mobile home and a mailbox, mail slot, street number and lot number shall be provided by the owner of the mobile home.
1.10 Cable television is provided by the Association and the cost thereof is included in the maintenance or rental fee. External TV antennas are prohibited, and any other type of external antenna or dish requires the written approval of the Management. Ham radio antennas may be allowed, provided they have a filter to prevent interference with cable TV reception.
1.11 Trash collection is provided by Harris Sanitation, Inc. (321-723-4455). Trash is collected twice weekly. Recyclable items and yard waste (trees, bushes, leaves, etc.) are collected weekly. All such items for collection are to be placed in appropriate containers at the edge of the street, not sooner than the evening prior to the day of collection. Following collection, all containers shall be placed in an area not visible from the street. The collection of large items, such as ranges, hot water heaters, refrigerators, furniture, etc. may be arranged by contacting Harris Sanitation.
1.12 There shall be no external evidence of the conduct of any type of business within the Community.
1.13 Except in cases of emergency and as approved by the management, the operation of electric saws, drills, hammers, power tools and all other types of equipment which are noisy when operated shall not be permitted on Sundays and legal holidays nor between the hours of 5:00 PM to 9:00 AM on Monday through Friday.
II. SPEED LIMIT AND PARKING
2.1 The speed limit in the Community is 15 MPH and must be observed at all times and will be strictly enforced.
2.2 All vehicles shall be parked in a carport or driveway area owned or rented by the Resident or in off-street parking areas designated by the Management. Parking in other driveway areas without permission of the owner or renter is prohibited. Overnight street parking and parking on grassed areas is prohibited. All vehicles must have current tags and be in operating condition. Violators will be ticketed and towed at the owner’s expense.
2.3 No commercial trucks and/or vans in excess of three-quarters (3/4) of a ton shall be allowed to park overnight in the Community.
2.4 Designated areas for guest parking will be assigned by the Management.
2.5 The parking of boats, trailers or motor homes on individual lots is prohibited.
2.6 A limited storage area for boats, trailers or motor homes is provided in a designated area for Residents on a first-come, first-served basis. All boats, trailers and motor homes so stored shall be registered with the Management, shall maintain current tags, and shall be in good operating condition. Duplicate keys for all trailers shall be furnished to the Management. Monthly charges will be assessed for each space in the storage area, and stickers and gate keys will be issued for a reasonable fee. Violations of this Regulation shall subject the owner to a daily fine of Ten Dollars ($10.00), and failure to meet total compliance with all the requirements of this Regulation within thirty (30) days from the date of initial violation shall result in the removal of the offending boat, trailer or motor home by the Management at the expense of the owner thereof.
2.7 Residents leaving the Community for extended periods of time may park a vehicle or boat in a carport, providing it is completely covered by the carport.
III. COMMUNITY BUILDINGS AND FACILITIES
3.1 The Clubhouse, shuffleboard courts, Bocce courts, swimming pool, waterfront boat ramp, fishing and picnic areas are provided for the pleasure and enjoyment of the Residents and their guests. The use of the Clubhouse for private functions shall require written approval from the Management, together with a “cleanup/damage deposit” of Fifty Dollars ($50.00), which will be refunded following use, providing the premises are left in an undamaged and neat condition. The party using the Clubhouse shall be responsible for all damage to the building and its contents.
IV. MOBILE HOME SITES
4.1 All mobile homes being moved into the Community shall meet the following requirements: (1) be anchored within seven (7) days and be skirted within thirty (30) days after being placed on a site; (2) water meters are to be placed in an in-ground meter box with shut-off valve installed ahead of the meter; and (3) an easily accessible capped PVC clean-out installed in the sewer line. Hitches on said mobile homes shall be removed immediately and hitches on existing mobile homes shall either be removed or camouflaged with shrubbery or flowers. The failure to remove or camouflage a hitch shall, after written notice, entitle the Management to remove the same at the expense of the owner.
4.2 All mobile homes, porches, carports, sheds, driveways and sites shall be kept clean, painted and in neat appearance and order at all times. Before a mobile home is painted, written permission from the Management must be obtained regarding color. Failure to abide by this regulation following written notification shall entitle the Management to correct the violation at the expense of the owner.
4.3 All new Florida or screen rooms, air conditioners, heating units, and heat pumps constructed at ground level shall be placed on an approved foundation in accordance with the City of Palm Bay Code. Elevated Florida or screen rooms may be constructed of wolmerized or other weather-resistant material in accordance with said Code. The installation of window air conditioners is prohibited.
4.4 Flowers may be planted by Residents, but shall not be removed from the Community.
4.5 Trees and shrubs may be planted by Residents providing written approval as to type and location is obtained from the Management. The maintenance of such trees and shrubs, including trimming, cutting and removal, shall be the responsibility of the resident.
4.6 Mowing of lawns is provided by the Association and the cost thereof is included in the maintenance or rental fee. Edging, fertilizing, watering and weeding of lawn and flower gardens shall be the responsibility of the Resident, and if not properly maintained, the Management reserves the right to perform the required work with two times the cost of same being charged to the Resident.
4.7 The drying of laundry is permitted on lot sites, providing it is not visible from the street or adjacent lots. Designated areas are also provided for outdoor drying of laundry.
4.8 Freezers, refrigerators, washers and dryers must be covered and kept out of view. 4.9 The installation of temporary or permanent cabanas, porches, awnings, carports, walkways, steps, concrete pads for air-conditioning units, and additions or alterations of any kind must be submitted, together with a drawing of the intended work, to the Association for approval prior to the commencement of any work. All such work shall conform to the City of palm Bay Codes and may require a building permit from the City.
4.10 Tampering or attempting to repair utility connections is prohibited and any problems regarding utilities are to be reported to the Management.
4.11 Minor repairing, on a short-term basis, of automobiles, outboard motors or boats owned by Residents is permitted with prior written approval of the Management.
4.12 Propane gas is individually metered and supplied via underground lines. With the exception of barbeque grills, the use of propane gas for home usage from bottles, tanks or any other type of container is prohibited.
4.13 Residents intending to remove a mobile home from the Community shall give written notice of such intended removal to the Management not less than fourteen (14) days prior to the removal thereof. A Two Hundred Dollar ($200.00) deposit must accompany the notice and shall be refunded providing the site is left in a clean condition. Failure to give said notice shall result in the assessment of one (1) month’s additional maintenance or rental fee to the Resident.
4.14 Upon the removal of a mobile home from a rented site, unless the renter is replacing the home, all of the right, title and interest in said site shall immediately be vested in the Association, which shall take full possession thereof without any obligation or responsibility whatsoever to the former renter.
4.15 No fences shall be allowed on any mobile home site.
V. SIGNS
5.1 DEFINITIONS::
5.11 The word “sign” shall mean any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or other such device which is used for advertising purposes or to inform the public.
5.12 The words “Real Estate Sign” or words of similar import shall mean a temporary sign which advertises property as being for sale, rent or lease.
5.13 The words “Yard Sale”, “Accessories for Sale” or words of similar import shall mean a sign which advertises for sale bric-a-brac, knickknacks, gimcracks. miscellaneous small tools, and other items of new or used personal property which may have been made or acquired on or off the premises upon which they are being sold.
5.2 PERMITTED SIGNS:
5.21 “Stop”, “Yield”, “Caution”, “Speed Limit” and signs containing words of similar import may be installed along the ways within the Community to control and protect pedestrians, providing their location and size is first approved by the Board of Directors.
5.22 Signs identifying common buildings and/or property, such as “Clubhouse”, “Swimming Pool”, “Shuffle Board Courts”, Bocce Courts”, “Office”, “Boat Storage Area”, “Real Estate Office”, and signs containing words of similar import may be installed at such identifying locations, either attached to the exterior wall of a building or supported by a post or other structure, providing their location and size is first approved by the Board of Directors.
5.23 Signs specifying regulations regarding the use of common buildings and property, such as “Swimming Pool Regulations” may be installed at such locations, either attached to the exterior wall of a building or supported by a post or other structure, providing their location and size is first approved by the Board of Directors.
5.24 Signs which advertise a mobile home for sale, rent or lease shall be displayed only on the inside of a window, screened room or porch of the home affected. Only one (1) such sign shall be permitted for each mobile home, and such signs shall not exceed eighteen inches (18”) by twenty-four inches (24”) in size. The owner of a mobile home which does not have an appropriate window, screened room or porch to display such a sign may apply to the Executive Committee for approval to install such sign at some other location upon the premises being sold, which approval will not be unreasonably withheld or delayed.
5.25 Signs which advertise an “Open House” may be attached to the exterior wall of a mobile home or support by a post or other structure, and may be maintained as long as there is a sales agent on the premises. Such signs shall not exceed eighteen inches (18”) by twenty-four inches (24”) in size, may be double-faced, may be visible only during daylight hours, and when supported solely by the ground, the top portion of such sign shall not exceed a height of thirty-six inches (36”) above the surface of the ground.
5.26 Signs which contain words “New Home For Sale” may be displayed only on a mobile home which is owned by the Association.
5.3 PROHIBITED SIGNS:
5.31 Signs containing the words “Yard Sale”, “Accessories for Sale” or words of similar import.
5.32 Any other type of sign not hereinbefore described, set forth, or permitted shall be deemed to be prohibited.
VI. ASSIGNING AND SUBLETTING
6.1 At least one (1) occupant of every mobile home must be fifty-five (55) years of age or older and no one shall be under the age of eighteen (18) years unless such occupancy commenced prior to the establishment of the Association.
6.2 Shareholder owners of mobile homes shall be allowed to rent them with prior written approval from the Management. Leases or rental agreements shall not be less than one (1) month nor more than six (6) months in duration, and renewals of same shall require the written approval from the Management.
6.3 Renters are prohibited from assigning or subletting any interest in a mobile home.
VI. SWIMMING POOL REGULATIONS
7.1 All rules and regulations established by the Florida State Board of Health with respect to the operation of a swimming pool are incorporated herein and made a part hereof by reference.
7.2 The Association and/or Management does not provide a lifeguard. Therefore, all swimming is at the “swimmer’s own risk”.
7.3 Showers are required before entering the pool. Anyone using suntan lotion or oil must remove same prior to entering the pool.
7.4 Children under sixteen (16) years of age must be supervised at all times while in the pool area by a parent, grandparent or adult Resident. Children in diapers or under three (3) years of age are not allowed in the pool.
7.5 Persons with open sores, rashes or abrasions are prohibited from entering the pool.
7.6 Food or beverages are not allowed on the lower pool deck and glass containers are prohibited from the pool area.
7.7 The use of the pool is restricted to Residents and their guests.
7.8 All day or overnight guests using the pool must be registered with and possess an I.D. tag issued by the Management. All non-residents, excluding children and grandchildren of Residents, visiting in the Community shall register with the Management, and shall not be allowed use of the pool more than fifteen (15) times annually.
7.9 The pool regulations posted at the pool area are to be complied with.
VI. GUESTS
8.1 All guests, whether staying overnight or longer, are required to be registered with the Management.
8.2 Guests, when visiting a Resident, shall be registered with the Management and shall not visit longer than fifteen (15) consecutive days or thirty (30) days per year without the written permission of the Management.
8.3 Children who are guests shall not be allowed to roam unattended through the Community.
IX. ANIMALS
9.1 Each household (defined as all those persons living in one (1) mobile home) is permitted to have one (1) domesticated pet animal (dog or cat), and same must be registered with the Management. Dogs weighing over forty (40) pounds and all kinds of reptiles are not permitted in the Community. This Section (9.1) shall not apply to Certified Seeing-Eye Dogs used by the Blind or Certified Companion Dogs used by the Hearing Impaired.
9.2 Dogs outside their owner’s home must be leashed at all times and any person walking a dog must pick up and properly dispose of the animal’s waste.
9.3 Animals are not to be left tied outside under any conditions.
9.4 Noise animals (defined as constant barking, howling, yipping, etc.) are prohibited.
9.5 Animals are not allowed to stray or roam freely.
9.6 If any of the above rules are violated or if any animal has become a nuisance as determined by the Management, the owner shall be given a written notice directing that the violation be corrected or the nuisance abated within a reasonable period of time. If the violation or nuisance continues after notification, the Management may cause the animal to be removed from the Community at the expense of the owner.
X. GOLF CARTS AND SCOOTERS
10.1 The operation of a golf cart or scooter within the Community is a privilege granted by the Association to the Residents. All golf carts, scooters or similar types of motorized machines shall be registered with the Management, and if not registered, shall be prohibited from operating within the Community.
10.2 No person under the age of eighteen (18) shall operate a golf cart or scooter within the Community unless accompanied by a Resident.
10.3 In order for a golf cart to be operated after sundown, it shall have the following equipment:
10.31 Two (2) headlights mounted on the front of the cart, each containing a 55 watt light bulb;
10.32 A red light, not less than one inch (1”) by three inches (3”) in size, mounted on each rear fender;
10.33 A rear view mirror; and
10.34 A horn or other sounding device sufficient to warn pedestrians of the approach of the machine.
10.4 All motorized scooters must have an attached eight foot (8’) antenna or rod with a bright colored pennant attached at the top thereof, and shall not be operated after sundown.
10.5 Violations of this Regulation shall result in loss of the privilege to operate a golf cart or scooter within the Community.
XI. COMPLAINTS AND SUGGESTIONS
11.1 All complaints and suggestions must be in writing, signed by the party making the complaint or suggestion, and submitted to the Management. The Management will endeavor to maintain the confidentiality of the persons filing complaints and suggestions and their subject matter as is appropriate in the circumstances.
11.2 The Association and management will not mediate disputes between residents unless the subject matter of the dispute affects the well being and tranquility of the Community.
XII. POSTING LOCATIONS
12.1 The following places are designated as locations within the Community for the posting of official documents by the Association or Management: (1) both bulletin boards, one located in front of the Office on Indian River Drive, and the other located opposite the Real Estate Office on Turkey Creek Drive; (2) the bulletin board in the Office; and (3) the bulletin board attached to the exterior east side of the Club House.
XIII. APPLICABILITY
13.1 These rules and regulations are applicable to all shareholders, renters, guests, invitees and to all other persons lawfully entering the Community.
XIV. LEGAL FEES AND COSTS
14.1 In the event the Association engages the services of an attorney or proceeds with court action for the purpose of enforcing these Rules and Regulations, the person or persons found guilty of violating any of said Rules or Regulations by a court of competent jurisdiction shall pay to the Association, in addition to any fines or penalties imposed by the court, all reasonable attorneys’ fees and court costs incurred by it in the prosecution of said cause.
XV. AMENDMENT
15.1 These Rules and Regulations may be amended at any time by the Association’s Board of Directors, in which event ninety (90) days notice will be given to all Residents prior to the effective date of any change.
Effective Date: ________________
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