COVER SHEET RULES AND REGULATIONS FOR MARIPOSA AT WHIPPOORWILL CONDOMINIUM ASSOCIATION, INC. The Rules and Regulations hereinafter enumerated as to the Condominium Property, the Common Elements, the Limited Common Elements, the Units and the Condominium (the “Condominium”) shall apply to and be binding upon all unit owners. The unit owners shall at all times obey by these Rules and Regulations and shall see that they are faithfully observed by their families, guests, invitees, lessees, vendors and persons for whom they are responsible and persons over whom they exercise control and supervision. Any waivers, consents or approvals given under these Rules and Regulations by the Board of Directors shall be revocable at any time and shall not be considered as a waiver, consent or approval of identical or similar situations unless such waiver, consent or approval is specifically set forth, in writing, by the Board of Directors. I AM SIGNING BELOW THAT I HAVE PRINTED AND HAVE IN MY POSSESSION A COPY OF THE RULES AND REGULATIONS WHICH ARE THE LAST 11 PAGES OF THIS APPLICATION. I WILL KEEP THESE AT ALL TIMES THAT I RESIDE IN MARIPOSA AT WHIPPOORWILL CONDOMINIUM ASSOCIATION, INC. I DO NOT NEED TO INCLUDE A COPY OF THE RULES AND REGULATIONS TO BE RETURNED WITH THE APPLICATION, BUT I MUST SIGN BELOW AND INCLUDE THIS SHEET BACK WITH THE APPLICATION. I HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THE RULES AND REGULATIONS OF MARIPOSA AT WHIPPOORWILL CONDOMINIUM ASSOCIATION, INC. Owner: ______________________________________ Date: ___________________________ Owner: ______________________________________ Date: ___________________________ Owner: ______________________________________ Date: ___________________________ Owner: ______________________________________ Date: ___________________________ NEEDS TO BE SIGNED AND RETURNED WITH THE APPLICATION BY ALL ADULTS PURCHASING THE UNIT RULES AND REGULATIONS FOR MARIPOSA AT WHIPPOORWILL CONDOMINIUM ASSOCIATION, INC. The Rules and Regulations hereinafter enumerated as to the Condominium Property, the Common Elements, the Limited Common Elements, the Units and the Condominium (the "Condominium") shall apply to and be binding upon all unit owners. The unit owners shall at all times obey by these Rules and Regulations and shall see that they are faithfully observed by their families, guests, invitees, lessees, vendors and persons for whom they are responsible and persons over whom they exercise control and supervision. Any waivers, consents or approvals given under these Rules and Regulations by the Board of Directors shall be revocable at any time and shall not be considered as a waiver, consent or approval of identical or similar situations unless such waiver, consent or approval is specifically set forth, in writing, by the Board of Directors. THE RULES AND REGULATIONS ARE AS FOLLOWS: 1. RULES AND REGULATIONS A. Violations shall be reported, in writing, to the Board of Directors of the Mariposa at Whippoorwill Condominium Association, Inc., a not-for-profit corporation (the “Association”). Florida Statues 718 provides a maximum fine of up to $100.00 per day and up to $1,000.00 per infraction. B. Violations will be called to the attention of the violating unit owner and lessee by the Board of Directors. C. Disagreements concerning violations will be presented to and be judged by the board of Directors who will take appropriate action. D. Unit owners are responsible for compliance with these Rules and Regulations, by their guests, lessees, invitees and vendors who may be performing any work in their units. 2. NOISE A. Unless expressly applied in writing by the owner and approved in writing by the Association, no hard floor covering such as tile, wood, laminate or etc. shall be installed in a second story Coach Home (Model “C” or “D”), which is directly above another unit owner Coach Home (Model “A” or “B”). The unit owner must place a sound proofing material on the concrete slab prior to installing the hard floor covering such as wood, tile, etc. The material used between the hard flooring and the slab must be a generally accepted and approved materials for diminution of noise and sound, so that the flooring shall be adequately sound-proof. Examples of these materials include the “¼” cork” or “Proflex 90” or any other material that meets the same degree of sound proofing to the downstairs units. B. Radios, televisions, and other instruments which may create noise shall be turned down to a minimum volume so as not to disturb any residents nearby or adjoining. C. All other noise such as bidding good night to departing guests or invitees or slamming doors shall to be kept to a minimum especially between the hours of 10:30PM and 8AM. D. No unit owner shall make or permit any noises that will disturb or annoy the occupants of any of the homes or do or permit anything to be done which will interfere with the rights comfort, enjoyment or convenience of any other unit Resident. E. Construction noise must not be heard from 8:00PM until 7:00AM. 1 ____INITIAL ____INITIAL ____INITIAL 3. OBSTRUCTIONS A. Access to all sidewalks, entrances, driveways, guest parking and roads must be kept open and shall not be obstructed in any manner with vehicles, bikes, tools, toys, patio furniture, etc. Rugs or mats must not be placed outside of the unit, except for one door mat, located directly outside of the main front walk through door. B. No furniture, appliances, Christmas Trees being disposed of may be left outside of the unit except after the resident contacts Waste Management to coordinate the day of the large item pick-up. This includes the disposal of washing machines, dryers, ovens, refrigerators, any large furniture that will not fit in the standard waste container, computers, TVs, tires, batteries, etc.. Waste Management will set up the day of pick-up of any large item. On that day only, the resident may set this item at curbside. Any item placed outside for more than 24 hours will be in violation and the Association may arrange for pick-up from another vendor. Any charges for this pick up will be added to the unit owner’s account. C. No Propane Gas with (Due to Fire Code) or Charcoal Grills, Patio Furniture, Toys or any other items may be kept outside of any unit. These items obstruct the maintenance of the landscape. No Propane grill with a propane tank greater than 2.7 pounds is allowed to be stored in the garage, limited common element (the lanai or any interior location of the unit (Due to Fire Code) D. No signs, notices or advertisements shall be posted as visible by anyone moving through the common elements. Also no item may project out of a window or door. This includes any aerial, antenna or satellite dish. Satellite dishes may never be attached to any exterior part of the building, except when totally enclosed within the common limited element, the screened lanai. E. There shall be no “For Sale” or “For Rent” or “Garage Sale” signs exhibited, displayed or visible from the interior or the exterior of the Common Elements, except as shall have been approved by the Association or signage displayed by the Developer and/or by agents engaged by the Developer per the Mariposa at Whippoorwill CAI Governing DOCs. 4. PETS A. Owners may only house two domestic pets such as cats and/or dogs may inhabit a single unit. These pets may not be dogs considered to be an aggressive breed, including Dobermans, Rottweilers, Pit Bulls or any “Wolf Hybrid”. Any owner, as of June 8, 2011 that has an aggressive breed will be grandfathered until the pet passes away. At that time the owner may not replace pet with an aggressive breed. B. Tenants may only house one domestic pet such as cats and/or dogs that do not exceed 25 pounds maximum weight, in a single unit. These pets may not be dogs considered to be an aggressive breed, including Dobermans, Rottweilers, Pit Bulls or any “Wolf Hybrid”. Any registered tenant, as of June 8, 2011 will grandfather the right to have up to two pets, over 25 pounds and an aggressive breed. Once a pet passes away the tenant may not replace the second pet, or replace a single pet with an aggressive breed or pet that will grow to more than 25 pounds as an adult. C. Pets must be leashed or carried when outside of their unit at the Condominium. D. Persons taking their dog out to walk must immediately pick-up and dispose of all solid waste. Bags and Receptacles are found in the landscaped area at the four turns of Mariposa Circle. This solid waste may not be bagged and left in Common Areas other than the Pet Waste Receptacles provided. This is a Collier County Ordinance and punishable by a fine imposed by Animal Control and or the Association. 2 ____INITIAL ____INITIAL ____INITIAL E. The unit owner shall indemnify the Association and hold it harmless against any loss or liability of any kind or character whatsoever arising from having any animal in the Condominium. F. If any animal becomes a source of unreasonable annoyance or nuisance to any other person in the Condominium, by barking or any other annoyance, the Unit Owner must cause the problem to be corrected; or if it is not corrected, the Unit Owner, upon written notice by the Association, will be required to remove the animal from the Condominium. G. Pets may never be left tied to any exterior part of the Condominium. This also includes any landscape area. H. No Pet at any time may enter the gated area of the pool or the Club House. I. No pet may be left unattended on a lanai at any time. 5. DESTRUCTION OF PROPERTY AND/OR FACILITIES A. Any destruction of property by any unit owner, family member, guest, invitee, lessees, contractors, that may mark, mar, damage, destroy, deface or engrave any part of the Association Common Elements will be repaired immediately by the association and charged to the unit owner. B. At no time shall anyone dispose of grease by pouring it down a sink or any other water apparatus. Also any water closets (toilets) or other water apparatus inside the unit or in the Common Elements must not be misused such as disposing of sweepings, rubbish, rags, diapers, sanitary napkins or any other foreign substances. The cost of any damage resulting from misuse of same shall be borne by the unit owner causing the damage. C. No one other than a licensed roofer or other agents of the Board of Directors of the Association shall be permitted on the roofs for any purpose whatsoever. D. The facilities of the Condominium are for the exclusive use of unit owners, their lessees, their invitees, their guests and their family or any other occupants of their unit. Owners, upon leasing their unit, RELINQUISH all of their rights to use any of the Common Area Element Facilities, such as the pool, club house, exercise equipment and give these use rights exclusively to the tenants. E. All unit owners, their lessees, their invitees, their guests and their family or any other occupants of their unit RELINQUISH all rights of their use of any of the Common Area Element Facilities when the owner becomes more than 90 days in arrears of their Association monthly fees. This includes Cable and Internet Service as provided by the Association. 6. EXTERIOR APPEARANCE A. The exterior of the Condominium and all areas appurtenant to the Condominium shall not be painted, decorated or modified by any unit owner or lessee, in any manner without the prior consent of the Association. B. No awnings, window guards, light reflecting materials, hurricane or storm shutters, ventilators, fans or air conditioning devices shall be used in or about the Condominium, except as approved by the Association, which approval may be withheld on purely aesthetic grounds within the sole desecration of the Association, or as originally installed by the developer. All specifications adopted by the board shall comply with the applicable guiding code in force at the time. The board may not refuse to approve the installation or replacement of hurricane shutters conforming to the specifications of the board. No window may be tinted without the prior consent of the Association and installation of drapes, blinds or curtains visible from the exterior of the Condominium shall have white, 3 ____INITIAL ____INITIAL ____INITIAL C. D. E. F. G. H. off-white or neutral, black out-type liners used, which liners must be approved by the Association. All garage doors may only be open for immediate ingress and egress and shall remain closed at all other times. No plants, pots, receptacles or any other movable objects may be kept, placed or maintained on the ledges of windows. No objects shall be hung from a lanai, window or exterior door. No mops, rags or rugs may be hung or placed to dry on a lanai, window or door so as to be visible from Common Element. No plants may be planted at any location outside of the individual unit without the prior approval of the board. The Association will allow for every unit to display a maximum of five (5) potted plants or maximum of two small chairs within seven feet (7') of the front door. The maximum allowable height of potted plants is five feet (5') high. The potted plants or two small chairs may never obstruct clear passage to the door - a minimum width of three feet (3’) must be unobstructed. Potted plants must be maintained by the unit resident and may not remain in the common area if the container or plant ever becomes unsightly. Written notice will be given to the resident of unacceptable potted plants. If immediate removal does not occur, the plants will be removed and disposed of by an Association Vendor directed to do so. No statue (or standing decoration) is allowable to be left outside in any area of the common elements, this includes any table and/or benches, etc. The owner may display one (1) portable removable American flag in a respectful way. Certain service flags may be displayed on specific holidays, as set forth in Florida Statute 718.113(4). 7. HOLIDAY DECORATIONS A. Exterior holiday decorations are permitted no more than 4 weeks prior to and must be removed no more than 2 weeks after the Holiday. B. No holiday decorations may be placed in any landscaped area. C. One holiday wreath may be attached to the front door with a removable hanger. D. No extension cords may be placed across any walkway or driveway. E. Any decorations affixed to the eaves or outside of the unit causing damage or requiring repair to the exterior, will be the sole cost of the owner. 8. CLEANLINESS A. Garbage and Recycling receptacles must be stored in the garage except after 6:00PM the night before and before 6:00AM the day after scheduled collections. During these hours the receptacles are to be left at the curb side end of your driveway with at least 4’ between the receptacles if both garbage and recycling are picked up on the same day. B. It is the owner's responsibility to place and/or bring in these receptacles. If these receptacles are left outside of the unit on days that collection does not occur the owner will be notified in writing as required by Florida Statutes. If this continues to occur the owner will be fined $25.00 per day for each day noted by the Association. Fine totals may be as high as high as $1,000.00 as defined in Florida Statute 718. C. Garbage must be wrapped in plastic bags so as not to blow into the Common Area as the trash is dumped into the Waste Management Trucks. D. Each owner is responsible to regularly pick up all garbage, trash, refuse and/or rubbish outside their unit. All residents should also pick up any of these items that they see in the Common Elements such as the pool, club house, and/or mail box area. 4 ____INITIAL ____INITIAL ____INITIAL E. Garbage cans must be cleaned on a regular basis so as not to produce offensive odors. F. Each unit owner is responsible for the interior cleanliness of their individual unit. If the unit is not properly maintained and becomes a health issue to neighbors, the Association will contract to have the unit cleaned at the sole cost of the owner. 9. PARKING AND STORAGE OF ANY TYPE OF VEHICLE A. All units have been provided with a two car, unit specific, Limited Common Element driveway. Each of the units is also provided a one or two car garage. This provides all units with three (3) to four (4) personal parking spaces. If any resident has more vehicles than personal parking spaces, they will need to park them off site and not use guest parking. B. No garage may ever be converted or used as living space. C. No person may park in a driveway other than that which is specifically assigned to their unit without having expressed written permission from the unit owner to whom that driveway is assigned. Written permission to use another unit owner's driveway must also be provided to the Association prior to using this space. If written permission is not provided, the car may be towed at the car owner's expense. D. All owners and tenants must park in the assigned unit specific three or four personal garage and/or driveway parking spaces. E. All "GUEST" marked parking spaces around the Mariposa Circle are for the exclusive use of guests visiting less than 7 days and Contractors or Vendors supplying services to units or the Common Elements on a daily basis. Anyone occupying the unit for more than 7 days must park their car in the unit-specific assigned personal parking spaces and NOT use guest parking. Guest Vehicles with signage must observe the non-parking rule in H. below. F. All garage doors must be kept closed, except for purposes of egress and ingress. G. Parking is prohibited on any part of a landscaped area, sidewalk, in front of fire hydrants and along the street. Violation of this rule will result in immediate towing of the vehicle at the owner’s expense. Also any vehicle parked for more than 20 days in guest parking will be treated as a permanent resident and will be towed by the Association at the total expense of the vehicle owner. H. Vans, sport utility vehicles, and pick-up trucks shall be considered automobiles and may be parked on the driveways if the primary purpose of transportation is for passengers or their personal goods, and no signage is visible from anywhere outside of the truck. If the vehicle is used primarily for the transportation of goods to perform services in a line of work or has any signage that can be viewed from anywhere outside of any vehicle, said vehicle must be parked in the garage when the driver is inside the unit. I. This does not included signage on vehicles that are providing a service for a limited time. If these services are provided to the residents of a unit on a continuing basis, such as a home watch company, cleaning company, medical care company, etc., the owner must to register that company with the Association. J. All vehicles parked on property in the "Guest" spaces or in the driveways must at all times be operable and have a current license plate. No covered vehicle may be left outside of any unit. K. No vehicle maintenance or repairs may be made in driveway or street. 5 ____INITIAL ____INITIAL ____INITIAL L. No boats; trailers; commercial vehicles; golf carts; recreational vehicles; all-terrain vehicles; ambulances; hearses; motorcycles; motorbikes; bicycles; watercraft; aircraft; house trailers; camping trailers; tractors; or vehicles with commercial markings, racks or tools in the bed may be parked outside. The garage door must be completely closed at all times other than for ingress and egress of these vehicles. Individual Bike Racks may not be placed in any area of the Common Element or Limited Common Element except for the Lanai. The Lanai must be always kept orderly and not unsightly. M. Any labeled Police or Security Vehicle may park in Guest parking or their personal driveway due to the added appearance of protection provided to the community. N. All types of vehicles, such as motorcycles, must be equipped with an effective sound muffling device, so as not to violate rule number three (3) NOISE. All motor cycles must be parked in the garage. O. The sidewalk around Mariposa Circle encircles most of the perimeter on both sides of the road between the Unit's Garage and the beginning of the Limited Common Element Driveway. At least seven feet (7') must be allowed between the building and vehicle when parking for pedestrians use. P. All vehicles parked outside of the garage anywhere in Mariposa must always maintain current registration and license plates. 10. FIRE PROTECTION INSPECTIONS, MONITORING AND LAWS A. All residents must give interior access to every unit annually for the inspection of all fire head sprinklers located in rooms and closets per the North Naples Fire Control and Rescue District. The owner shall, upon notification of the scheduled day, arrange for access to the unit so the inspection may be completed. A licensed fire company will inspect for damaged fire sprinkler heads, up to and including rust, dirt, paint, or obstruction by items hanging from the sprinkler head or furniture placed so to impede the spraying area. If a sprinkler head is found to be damaged the unit owner will be notified and a second entry will be necessary to verify the residents have corrected the issue or to have a licensed fire company make the necessary repair. B. No storage and/or use of Gas Fired Grills may be stored in the unit or garage due to N.F.P.A. 1, Uniform Fire Code Florida Edition 2005. Chapter 10, Section 10.11.7 reads: "For other than one and two family dwellings, no hibachi, gas-fired grills or charcoal grills or other similar devises used for cooking, heating or any other purpose shall be used or kindled on any balcony or lanai or under any overhanging portion or within 10 feet (3meters) of any structure. Listed electric ranges, grills or similar electrical apparatus shall be permitted." Residents of Condominiums may not cook outside of any units. N.F.P.A. 58,- 1998 Edition Chapter 5, Section 5.3.1.2 "Any gas cylinders stored in the building (unit) may not exceed a water capacity of 2.7 pounds (1.3 kg) nominal 1 pound (0.45kg). Liquid Propane (LP) Gas may not be stored in any unit. These fire codes require that all residents must cook only in their kitchen or with electric grills only on the unit lanai. The North Naples Fire Control and Rescue District may fine a maximum of $250.00 per day until illegal barbeque grill(s) are removed. Or, the North Naples Fire Control and Rescue District can take the unit owner to the State Attorney's Office with fines up to $500.00 and/or sixty (60) days in jail. 6 ____INITIAL ____INITIAL ____INITIAL 11. EMPLOYEES OR VENDORS WORKING FOR THE ASSOCIATION A. Except as may otherwise be permitted by the Association, employees and/or vendors of the Association, requiring access for remedial or cleaning work that may lead to any health issues with nearby units, which the owners have failed to correct on their own, shall not be sent out of any buildings and/or units by any owner, lessee, relative of residents occupying or visiting the unit or any guests. The owner will be notified in writing, if not an emergency situation, and given reasonable time to complete any remedial or cleaning work prior to entering the unit. These repairs will be reported to the property insurance company covering the Association, but the owner will be responsible for the deductible amount of the Association’s Property Policy if gross negligence can be proved on the owner’s part. The Association's Insurance Company may also collect the cost over the deductible if gross negligence of the owner can be proven. The only persons who may remove these employees and/or vendors are unit owners serving in the capacity of an officer or director of the Association or the management company hired by the Board of Directors. B. No unit owner shall direct, supervise or in any manner attempt to assert any control over the employees, vendors or management representatives unless the unit owner is acting in the capacity of an Officer or Director of the Association. If employees, vendors, or the management company are performing work which the owner does not want performed, the owner shall place the complaint in writing and deliver to the Association. No individual unit repairs may be made by the employee, vendors, and/or Management Company without a separate contract between the owner and the employee, vendors, and/or Management Company with separate compensation to said employee, vendor, and/or Management Company. 12. SOLICITATION A. There shall be no solicitation by any person, anywhere upon the Community Property without a prior request in writing and the prior approval by the Association. B. There shall be no posting or flyers placed anywhere in the Common Elements of the Community. Posting may never be placed at any time on the mail boxes, doors or buildings without the prior approval of the Association. Postings on the buildings or doors shall only occur under direction of the Management Company or board to provide information to the residents about upcoming events such as pressure washing, necessity to enter units, or other procedures that the residents would need to follow in order for Association work to be performed. 13. CLUB HOUSE A. The Club House large meeting room is available for resident use if the resident is the owner of record or the tenant registered to occupy a unit. The unit must also be current with any and all Association fees. If an owner is more than 90 days in arrears all Club House and Pool use is denied and will remain so until the owner has made arrangements with the Association to become current. B. Application and instructions to reserve the Club House large gathering room can be found on the Mariposa Web Site Forms. The URL for the site is www.mariposanaples.com. This application must be completed and signed by the owner or by both the owner and tenant if the unit is leased. A check for the Deposit to cover any damage done to the room is also required. This amount may be changed by the Board of Directors of the Association at any time. Both the application and check must be received by the Association at least 7 days 7 ____INITIAL ____INITIAL ____INITIAL prior to use of the room. In the event damage is done to the room in excess of the amount of the damage deposit, the owner shall be held responsible for all charges to repair. C. Additional Rules and Regulations for use of the Club House meeting room, Exercise Equipment and pool may be posted on site or provided on-line at www.mariposanaples.com. D. When using the Club House for any purpose the doors may not be blocked or impede in any manner the use of any door for escape in an emergency situation. Doors also may not be propped open. E. Owners and lessees are asked to report any camera malfunction within the Club House premises when the flashing red light is inoperative. 14. HURRICANES A. Each unit owner or lessee who plans to be absent from the Condominium during the Hurricane Season, June 1st through November 30th, for any period of time, when they would not be able to immediately come back to the unit in the event of a pending hurricane must prepare the unit prior to departure by designating a responsible firm or individual to care for the unit during their absence. This designated firm or individual must be registered with the Association. Immediately when the area is placed under "Hurricane Watch" the owner shall arrange to have hurricane shutters secured on all of the required openings. The National Hurricane Center recently changed the definition of a Hurricane Watch. The new definition of a Hurricane Watch is when a Tropical Force Wind is forecast to arrive on land within 48 hours. Tropical Force Winds are sustained winds of 39-73 mph. Hurricane Force Winds are sustained winds of 74 or more mph. B. All furniture shall be removed from the lanai and brought inside the unit whenever the occupants are going to be gone for more than a week, during the hurricane season, or after hurricane watch is given to the area. This prevents flying projectiles. C. The Board has approved that the shutters may be placed on the units and removed from the units a maximum of 7 days before or 7 days after wind storm event. D. If the unit owner desires to replace the current shutters with easier to close shutters or impact approved windows which do not require shutters, the owner must provide to the Board the specifications of the shutters or impact glass windows to be installed. Installation must be completed by a licensed and insured contractor. E. The Board may at any time mandate the type appearance of shutters and windows to replace the current storm shutters. The Board may also approve and replace all of the current shutters on all buildings by following the requirements of Florida Statutes 718.3026. F. The expense of installation, replacement, operation, repair and maintenance of hurricane shutters by instruction of the Board of Directors shall constitute a common expense as defined herein and shall be collected for as provided in the Declaration. Notwithstanding the foregoing, a unit owner who has previously installed hurricane protection in accordance with laminated glass architecturally and engineered to function as impact hurricane protection and approved by local building codes, shall receive a credit equal to the pro rata portion of the assessed installation cost assigned to each unit. However, such unit owner shall remain responsible for the pro rata share of expenses for hurricane shutters installed on common elements and association property by the Board of Directors, and shall remain responsible for a pro rata share of the expense of the replacement, operation, repair, and maintenance of such shutters or impact windows. 15. 8 LEASING ____INITIAL ____INITIAL ____INITIAL A. Per the Declaration, the unit owner may lease the unit no more than 4 times per year with a minimum of 30 days per lease. B. A complete Lease Application which may also be printed from the web-site www.mariposanaples.com must be received by the Association not less than 15 days prior to occupancy of the tenant in order for the application to be processed. C. The Lease Application must also be submitted with a non-refundable $100.00 lease application fee. D. The Lease may be denied by the Board of Directors if the unit owner does not have all fees paid in full at the time of application or if the unit owner has a history of not obtaining approval for prior tenants. Denial may also occur if any one or more of the future tenants to occupy the unit is found to be sexual predator or a convicted felon, involving violence to persons or property, involving the use, sale or trafficking of any controlled substance or involving dishonesty or moral turpitude. Denial may also occur if any one or more of the future tenants to occupy the unit has previously in any association been found not to follow covenants or rules and regulation of any Community. E. Any lease entered into must be accompanied with a Lease Addendum provided by the Association, which expressly notifies both the owner and tenant that if the owner fails to keep current of any fees owed to the Association, the Tenant will be notified and that the future rent payments will be paid directly to the Association. The owner may not demand additional rent from the Tenant and the Owner may not evict the tenant for failure to pay rent to the owner. The Association, if they do not receive the rent from the Tenant as directed, by law will act as the Landlord with this lease, to evict the Tenant immediately. The Association shall act in the capacity of the landlord to evict and collect rent and no other legal responsibilities are assigned or implied. F. The tenants occupying the unit may only have one domestic pet- a cat or dog that does not weigh more than 25 pounds and is not considered to be an aggressive breed, including Dobermans, Rottweiler, Pit Bulls or any “Wolf Hybrid”. G. The Association requires a Common Element security deposit in the amount of $250.00 for all leases. H. The Board must respond to the Lease Application once it is received completed with all other paperwork and fees required within 20 days or the lease shall be automatically accepted. I. Any guest staying in a unit for 7 days or more must be registered with the management company prior to their stay. J. The Rules and Regulations must be acknowledged and agreed to be followed in writing by the Owner and Lessee, by initialing each page of the rules and regulations provided in the application. A permanent copy is to be provided to the lessee by the owner. 16. VACANCIES OF UNITS A. Seasonal Vacancies of more than 30 days require that the individual water supply to the individual unit be turned off. The valve to do this is located over your hot water heater. B. The Association Requires Inspection Service Agreements for every unit not occupied for more than 30 days. Inspections must occur within no less than 30 day intervals. The inspection agent is required to be supplied to the Association in the event of emergency. 9 ____INITIAL ____INITIAL ____INITIAL C. The Owner is required to provide to the Association a copy of a completed inspection report from the Service Provider or Owner’s agent at least once per quarter. This report must confirm the unit’s integrity. Failure to provide a report may result in the Association demand of access to the unit for inspection. Any fees incurred will be added to the owners account. 17. CLUB HOUSE A. Children under 16 must be accompanied by an adult resident at all times B. Smoking is prohibited throughout the Clubhouse or Pool area C. Chairs, tables, and equipment are not to be removed from the Clubhouse D. Unit owner is solely responsible for damages and all accidents or injuries to persons or property resulting from use of the Clubhouse. All accidents must be reported to the Property Management Company immediately- please call Directors Choice, LLC at (239) 8777457 E. Stains not removed from carpet, upholstery, walls, etc. are the responsibility of the unit owner F. Exterior Doors may not be propped open G. Proper attire, including shirts and shoes, are required throughout the Clubhouse H. Owners and their guests will conduct themselves in such a manner that will not disturb or interfere with residents, guests, or functions throughout or around the Clubhouse I. Excessive noise is not allowed in the Clubhouse J. The Pool and/ or Fitness Center cannot be reserved- These amenities are for all residents all of the time K. All other rules and regulations of the Association apply and are incorporated by reference L. Wet bathing suits are not allowed in the Clubhouse other than in the restrooms M. In case of emergency, dial 911 18. COMMUNITY ROOM A. Application to reserve the Community Room ONLY (pool and rest of Club House remains open to all residents) must be filled out completely and be signed by Unit Owner B. Application must be submitted a minimum of one week in advance of event. C. The premises, inside and outside, must be left in clean condition (Place all garbage and debris in receptacles outside, re-line garbage can, vacuum, wipe down tables and Kitchen) D. $100.00 refundable cleaning deposit must be given with each reservation E. Gatherings may not last past 10:30PM F. A maximum of 75 people are allowed per gathering G. Offsite parking may need to be arranged- vehicles may only be parked in designated parking areas H. All garbage must be removed and receptacles brought out to the street on garbage pickup day and returned behind the fence on the same day of the garbage pick-up I. In case of emergency, dial 911 19. FITNESS CENTER A. Children under the age of 16 may not use the equipment without the accompaniment of an adult B. Children under the age of 8 are not allowed in the Fitness center C. Proper footwear is required in the Fitness Center- no hard sole shoes or high heels D. Wipe down all equipment after use 10 ____INITIAL ____INITIAL ____INITIAL E. F. G. H. I. Use of equipment is limited to 30 minutes if others are waiting No glass or food of any kind is allowed in the Fitness Center T.V. remotes are not to be removed from the Fitness Center Abuse of equipment will result in fines and/ or expulsion from use. In case of emergency, dial 911 20. POOL RULES A. No lifeguard on duty- swim at your own risk B. Proper swimming attire must be worn by all persons entering the Pool C. The Pool is open from dawn until dusk D. Children requiring diapers must wear diapers designed for swimming E. No running or horseplay around the Pool area F. All persons must shower before entering Pool G. Rubber rafts, floats, aquatic toys, or similar objects are not permitted in the Pool H. No skateboards, bicycles, rollerblades, go-peds, or rough play permitted I. Only residents and their guests may use the Pool J. Adult supervision required. No persons under the age of 16 are allowed in the Pool area unless accompanied by an adult resident. K. Children are the direct responsibility of their parents or legal guardians, including full supervision of them while in the Pool area and Clubhouse L. Pets are not permitted in the Pool area M. No glass containers of any kind are permitted in the Pool area N. Smoking is prohibited throughout the Clubhouse and Pool area O. Chairs and tables are not to be removed from the Pool area nor put in the Pool P. Exterior Clubhouse doors may not be propped open Q. Unit owner is solely responsible for damages and all accidents or injuries to persons or property resulting from use of the Pool area. All accidents must be reported to the Property Management Company immediately after notifying any emergency services 911 if needed, then- please call Directors Choice, LLC at (239) 877-7457 R. Owners and their guests will conduct themselves in such a manner that will not disturb or interfere with residents, guests, or functions throughout or around the Pool area S. Excessive noise is not allowed throughout or around the Clubhouse or Pool area T. If listening to music please wear ear buds or a head phone set so as not to disturb other patrons U. The Pool and/ or Fitness Center cannot be reserved- These amenities are for all residents all of the time V. Wet bathing suits are not allowed in the Clubhouse other than in the restrooms – Shoes and shirts must be worn inside the Club House at all times. W. The premises, inside and outside, must be left in clean condition X. All other rules and regulations of the Association apply and are incorporated by reference Y. Safety equipment is provided for emergency use only. The life ring may not be used as a recreational floatation device Z. Neither owners, residents, nor their guests are permitted in the fenced pool equipment area AA. In case of emergency, dial 911. 11 ____INITIAL ____INITIAL ____INITIAL
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