MIDPORT PLACE II CONDOMINIUM ASSOCIATIONS, INC.
1555 S.E. ROYAL GREEN CIRCLE
PORT ST. LUCIE, FL 34952
TELEPHONE: (772) 337-2212
FAX: (772) 337-2264
RULES AND REGULATIONS
FROM: Board of Directors
The Schedule A of the Condominium Association By-Laws, i.e., Rules and Regulation, is attached for your information. The attachments are taken directly from Schedule A with some rules and regulations updated by the previous and present Boards. These rules and regulations became effective May 26,1996 in accordance with the By-Laws. Unit Owners and Renters should familiarize themselves with these rules and regulations and should conduct themselves accordingly.
Please retain these Rules and Regulations (Unit Owners and Tenants) with your By-Laws (Unit Owners).
Also note: On page 16 in the declaration of, "Midport Place II, A Condominium," it stated specifically: 16.7 Leases... "That the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this declaration."
Penalties will be lodged against all those violating the Rules and Regulations published hereto. Parents are particularly reminded that they will be held responsible for the actions of their children. If warnings don't suffice, we will pursue arrest warrants with the police department. Restitution for all infractions involving damage, destruction and defacing of common ground property will be vigorously sought by the Association.
Also, restitution for all infractions involving the issuance of violations will also be vigorously pursued, to the extent that fines will be levied and all legal fees incurred will be bourne by the particular Unit Owner.
Effective July 1, 2010, in accordance with the State of Florida Distressed Condominium Relief Act, all owners in arrears 90 days or more will surrender their rental income to the Association until the account is brought current. Any and all legal fees that arise over the collection of these rental payments will be bourne by the particular Unit Owner.
Effective January 01, 2013 all dog owners will be required to place a $200.00 pet deposit with the Association to offset fines for failure to pick up after their pets or other nuisance issues.
The Board of Directors of Midport Place II Condominium Association, Inc. has recently established a screening process that will require owners to provide their prospective tenants with a lease application packet.
All rentals must be by leases which shall be on forms approved by the association and shall provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, Articles of Incorporation and By-Laws, and applicable rules and regulations. The Association will be advised of any leases and shall receive copies thereof. The Association is to receive a copy of ALL LEASES AND CHANGES IN LEASES AS SOON AS THEY OCCUR.
By Florida State Law, residential leases can only be written for a term of one year or less. Midport Place II Condominium Association requires a copy of all leases, not just the initial lease. It is not the Associations responsibility to track down renewal rental agreements and copies of current leases. Henceforth, we will require each tenant, upon lease renewal, to re-apply to the Association by submitting a copy of their current lease. Tenants in non-compliance with our rules and regulations can be, at the discretion of the Board, denied renewal. Owners should be advised to sign their follow-up agreements, SUBJECT TO the approval of the Condominium Associates. Failure of tenants/owners to abide by these regulations will incur a fine in the amount of $25.00 if the office does not receive a copy of the completely signed regular, changed, or new lease within fifteen (15) days of the dated lease.
A copy of this packet (Rules and Regulations) will be provided to any Real Estate firm that makes inquiry on the owner's behalf. However, the Association strongly advises all Unit Owners to alert their Real Estate Agents to any changes as well as emphasizing to them that ALL TENANTS MUST ABIDE BY THESE RULES AND REGULATIONS. NO NEW LEASES WILL BE APPROVED WITHOUT PROPER APPLICATION. In order to avoid unnecessary confusion to your prospective tenant, we encourage your immediate attention to this matter.
The purpose of this approach is to provide a better system of controls that will promote security in the community.
If you would like a copy of the lease packet, please contact the Association office at (772) 337-2212, Monday through Friday, 9:00 AM to 3:00 PM.
DEAR REALTORS:
Attached are forms which are required by the Association to be filled out by ALL NEW TENANTS AND UNIT OWNERS. Forms should be returned to our office along with a check for $100.00 or $50.00 (90 days or less lease, $50.00; $100.00 for leases longer than 90 days). These are non-refundable. A copy of the lease must be supplied to the interviewer at the time of screening. An appointment must be made for an interview with a Board Member or the Association's Secretary. At this time, pool tag and key may be issued to the pool gate for a deposit of $30 which is refundable with the proper receipts. A copy of the Associations Rules and Regulations will be reviewed and given to each tenant/new owner at the interviewing session.
SCHEDULE A
RULES AND REGULATIONS REVISED
RULES AND REGULATIONS REVISED
GENERAL RULES
1. The sidewalks, entrances, passages and like portions of the common areas shall not be obstructed with carts, bicycles, carriages, chairs, tables, or similar objects, nor used for any purpose other than for ingress and egress to and from the condominium units. All bedding, appliances, etc. removed from a unit are the responsibility of the Unit Owner or Tenant and SHALL NOT be placed in any of the Associations dumpsters. If a Unit Owner or Tenant is caught doing this, he/she will be FINED $100.00. As an alternative to this, a Unit Owner or Tenant may call the office for arrangements for disposal at a fee of $50.00 per item, which is the fee charged at this time by the trash hauler. Such fee is subject to change by said hauler.
2. Personal property (including bicycles), other than permitted vehicles of Unit Owners and Occupants, shall not be stored outside respective units.
3. No garbage cans, supplies, bottles or other articles shall be affixed to or placed on balconies, terraces, corridors, entryways or other common areas.
4. No linens, clothes, clothing, curtains, rugs, mops, or laundry of any kind or other articles, shall be shaken or hung from any windows, doors, fences, balconies, terraces or other portions of the Associations Property. No clothes lines are permitted anywhere on Association Property.
5. Curtains, drapes or blinds are required on all windows and sliding doors. Bed linens, foil, and posters covering the windows do not meet the requirement nor conform to community standards.
6. No Unit Owner or Occupant shall allow precarious objects, which might fall, near a window or door of the Association Property nor sweep or throw from the Association Property any dirt or other substance into any of the balconies or elsewhere in the building or upon Common Elements.
7. Each Owner and Occupant shall keep the balcony, terrace, or entryway, to which he/she has exclusive access and use in a good state of preservation and cleanliness, and shall not allow any debris to accumulate there on. An Owner or Occupant may cover the cement slab on the balcony or terrace with a floor covering, provided that the material to be used as floor covering and the color thereof be submitted to the Board of Directors for its prior approval. Plants, posts, receptacles and other movable objects, must not be kept, placed or maintained on balcony ledges. No objects shall be hung from balconies or window sills.
8. All refuse must be deposited with all other refuse in garbage/trash containers (dumpsters) designated for that purpose by the Association. Cartons must be collapsed and tied, and all other small items must be placed in plastic bags or containers and securely tied or closed before same are placed in dumpster. NO RECYCLING IS DONE IN THE COMPLEX.
9. No owner, occupant, nor guest of these Units, shall make or permit any disturbing noises in any Unit or in/on the Common Elements by himself/herself or his/her family, servants, employs, agents, visitors or licensees, nor permit any conduct by such persons that will interfere with the rights, comfort or conveniences of other Unit Owners or Occupants. No Owners or Occupants shall play or permit to be operated a stereo, television, radio, instrument, sound amplifier or other device in his/her Unit in such a manner as to disturb or annoy other residents. No Unit Owner or Occupant shall conduct or permit to be conducted vocal or instrumental instruction which disturbs others. Any conduct or situation that is a nuisance or offensive to a number of residence are not permitted. If such occurs, violations will be issued by the Association, followed by fines, and, if ignored, finally followed by eviction, in cooperation with the Unit Owner.
10. No soliciting of any kind shall be permitted in Midport Place II.
11. No Owner or Occupant of a Unit shall be permitted to request or hire or otherwise retain the services of any Association Employee for any purpose during the hours in which the Employee is working for the Association. The Board of Directors of the Association is solely responsible for directing or supervising Association Employees during their working hours. Association business is not to be discussed with our maintenance men nor relative questions asked of them. Any questions pertaining to any Association business should be directed to the Office and the Board of Directors.
12. No residents shall install a DISH for the purpose of television without the permission of the Unit Owner AND the Board of Directors. If resident is a Unit Owner, he/she shall contact the Board of Directors about installation.
13. No Owner or Occupant of A Unit may install an awning, canopy, shutter or other projections which are attached to or placed upon the exterior of the buildings or on the Common Elements.
14. No window air-conditioning units or window fans may be installed by any Unit Owner or Occupant.
15. No Unit Owner or Occupant shall install any type of plant, trees, shrubbery, flowers, vines, or grass in the Common Elements or alter the landscaping in the Common Elements without prior written consent of the Board of Directors.
16. No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed in, on, or upon any part of the Association Property, except signs approved by the Board of Directors and displayed in the appropriate location by the office.
17. Barbecuing shall be permitted only in barbecue areas on the Common Elements. At no time shall barbecuing be permitted on the balconies, terraces, corridors, or walkways. Please be considerate of your neighbors when barbecuing outside a unit.
18. No flammable, combustible or explosive fluids, chemicals, or relevant substances shall be kept in any Unit or on the Common Elements except for use in connection with barbecuing.
19. Bathrooms and other plumbing areas shall not be used for any purpose other than those for which there are reasonably intended. Rubbish, rags and other foreign substances shall not be stored in them. The cost of any damage resulting from such misuse shall be borne by the Unit Owner or Occupant; it is solely their responsibility.
20. No temporary structure, trailer, tent, mobile home, or recreational vehicles shall be permitted on Association Property at any time.
21. No RV’s, commercial vehicles, campers, mobile homes, house trailers, or trailers of any other description, recreational vehicles, boats/boat trailers, shall be permitted to be parked or stored at any time on Association Property. With approval by a previous Board of Directors, up to 8-passenger family vans with a double row of seats and a double row of windows may be exempt from this rule. Motorcycles shall be run in to consider manner (no excessive noise). Unauthorized vehicles and vehicles without proper and current tags, parked any time on Association Property, will be towed away at the owner’s expense (Ref. F.S. Statutes 715.07) (Towing signs are prominently located within the complex.) The posted speed limit within the complex is 15 miles hour. Motorbikes, mopeds, ATV’s are not permitted in the complex. No skateboards or ramps of any kind are allowed. No vehicle which cannot operate under Its own power shall remain on Association Property for more than 24 hours. No vehicle repairs shall be made on Association Property. If vehicle is parked with flat tires for more than 48 hours, the vehicle will be towed at owner’s expense.
22. Pets.
a.) Pets are prohibited except:
(1) Each Unit Owner I shall be allowed one (1) dog or cat not exceeding fifteen (15) pounds weight at maturity. Said pet will not be allowed outside the Owner’s unit unless on a leash controlled by the Owner. Owners must pick up after their pets. NO EXCEPTIONS. Non-compliance will result in violations issued and eventually fines will be levied. (2) SMALL domestic birds or fish are allowed in the Owner’s Unit.
(3) NO EXOTIC REPTILES (SNAKES, IGUANAS, ETC.) ARE ALLOWED.
b.) FEEDING OF DUCKS OR ANY OTHER UNDOMESTICATED ANIMAL IN THE CONDOMINIUM COMPLEX IS STRICTLY PROHIBITED. THIS IS A HEALTH HAZARD. Violations will be issued against anyone perpetrating this infraction; repetitions will invite fines levied by the Board of Directors.
23. Children are the direct responsibility of their parents or legal Guardians, including the full supervision of them well on Association Property. No bicycle riding on the lawns or the hallways will be tolerated. They should be impressed on children by their parents or Guardians.
24. Practicing or playing of baseball, basketball, football, golf, or soccer is not permitted on Association Property.
LITTERING:
Littering is a violation. Please keep the complex grounds clean and neat. Cigarette butts should be stripped - and preferably not thrown on common grounds. Help keep park grounds debris – free. Everyone can help by picking up unsightly objects, such as bottles, newspapers, cans, etc. Also, the office can be notified if you do not wish to personally pick up any refuse; the office will respond to the refuse. Anyone caught littering will initially warned; if there is a repetition(s), the person will be fined $25.00 and $100.00 also for each successive offense.
PASSKEYS:
The Association shall retain a passkey to every Unit. If a new lock is installed, the Unit Owner/Tenant shall supply the new key(s) to the Association’s office.
VIOLATIONS:
In case of infractions, the Tenant/Unit Owner and Realtor - if all are involved in a rental - will be notified of the infractions. If the infractions aren’t addressed, fines will be levied by the Board of Directors; if the infractions processed, the Board of Directors will place a lien on the particular unit and begin legal action. If it comes to legal action, the Unit Owner will be responsible for all legal fees as well as all the fines levied against that Tenant/and/or Unit Owner.
The Association expects the Unit Owner to make sure that infractions are timely addressed and, and that he/she should be the first line of concern if the Tenant has to be evicted. The Board of Directors feel that the responsibility ultimately lies with the Unit Owner.
Every Owner and Occupant shall comply with these rules and regulations as set forth herein, and any and all rules and regulations from which time to time may be adopted, and the provisions of the Declaration, By-Laws and Articles of Incorporation of the Association, as amended from time to time. Failure of an Owner or Occupant to so comply shall be grounds for action which will include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines will be imposed upon an Owner for failure of an Owner, his family, guests, tenants, invitees, or employees to comply with any covenant, restriction, rule or regulation herein or in the Declaration, or Articles of Incorporation or By-Laws, provided the following procedures are adhered to:
a. NOTICE: The Association shall notify the Owner, Real Estate Agent, and Occupant of the infraction on fractions to specific violation notices. If the Occupant is a Tenant, both the Unit Owner and his/her Real Estate Agent will receive a copy of the violation.
b. The First Violation Notice is to be remedied in five (5) days. This first violation notice (for any reason) hopefully will remind the receiver that the Rules and Regulations of the Association must be adhered to. Also, this first violation notice should alert but the Owner and his/her Real Estate Agent that the Tenant should be monitored.
c. The second violation notice (for any reason) issued to the same Occupant will incur a fine of $25.00, payable in five (5) days along with the validation that the infraction has been remedied. Again, both Unit Owner and Real Estate Agent will receive copies of this violation in the mail, again alerting them to the Occupant’s non-compliance to the Rules and Regulations of the Association. Also, if the Occupant does not respond to the demands of the violation, the Owner will be ultimately responsible for all fines levied against the Occupant. In such a case, it is incumbent upon the Unit Owner and/or Real Estate Agent to assert ascertain that the Occupant complies with the Rules and Regulations of the Association. If the Occupant remains in non-compliance and the Unit Owner/Real Estate Agent haven’t taken action, the Board of Directors will place a lien on the particular unit for all legal fees resulting thereof.
d. Subsequent non-compliances to violations (for any reason) issued shall incur a fine of $100.00 each, the same procedures also listed in c. above shall follow, and all fines are payable within five (5) days of the issuance date of the notice.
e. The Board of Directors advise all Unit Owners to react positively to violations issued either to them or their Tenants and to respond accordingly. As mentioned above, the ultimate responsibility for non-compliance to the Rules and Regulations lies solely with the Unit Owner, and all legal fees resulting from this shall be borne by the Unit Owner. Thus, the Board of Directors advise all Unit Owners to take direct action, even to the extent of legal proceedings for eviction if a Tenant is involved.
UNIT OWNER RESPONSIBILITY
All lessees will be supplied with a copy of the Rules and Regulations at the time of their interview.
Damages: Each Unit Owner shall be responsible for damages caused to the Common Elements and Association property, including all facilities and equipment used in common by the Owners and Residents, by the Owner’s for himself/herself, and/or by his/her and lessee, family members, guests, visitors, agents, etc., and/or any Occupants of the Unit. This liability for damages includes that relating to deliveries and moving of personal belongings in and out of the Condominium buildings and property
Severability: The invalidity in whole or in part of any provision, sentence, clause, phrase or word contained in these Rules and Regulations, some not affect the validity of the remaining portion thereof, all of which shall remain in full force and effect
No Waiver of Rights: The failure of the Association to enforce any provision of these Rules and Regulations shall not constitute a waiver of its right to do so thereafter.
Effective date
These Rules and Regulations have been revised many times by previous and present Boards of Directors.Prior to these dates, the existing Rules and Regulations, which these new rules follow in substance and with few changes except in sequence, shall remain in full force in effect.
As of September 20, 2012, these Rules and Regulations shall supersede any previous adopted Rules and Regulations of any particular subject matter contained in these Rules and Regulations.
Pool Hours
Weekdays: 9:00 AM – 8:00 PM Weekdays: 9:00 AM – 5:00 PM
Weekends: 10:00 AM – 8:00 PM Weekends: 10:00 AM – 5:00 PM
POOL RULES
1. Hours of operation and legal capacity will be posted on the pool complex bulletin board.
2. Midport Place II pool is for the exclusive use of the residents of Midport Place II and their registered guests. NO OWNER MAY LEND HIS POOL TAGS OR POOL KEY TO NON-RESIDENT GUESTS AT ANY TIME. Pool tags must be worn and/or shown at all times when entering the pool area.
3. ALL PERSONS USE THE POOL AT THEIR OWN RISK.
4. All persons must shower before using the pool. Suntan products must be removed by showering prior to all re-entries to the pool.
5. When using Association pool furniture, protect it with a bath towel from suntan products.
6. Persons with infectious or contagious health conditions shall not use the facilities.
7. No food or glass containers are permitted at poolside, but bottled water and plastic containers is allowed. Such bottles must be removed when you exit the pool area. Non-alcoholic beverages in plastic cups or aluminum cans are permitted in the entry patio area, but may not be brought into the pool area. ALCOHOLIC BEVERAGES ARE NOT PERMITTED ANYWHERE IN THE POOL COMPLEX.
8. No floating devices, rafts, scuba gear, pool games, diving games, masks or flippers are allowed in the pool.
9. Jumping, diving, running, boisterous conduct, ball throwing or loud radios, are not permitted in the Pool Complex.
10. Children under the age of 13 MUST be accompanied by a responsible and supervising adult at all times.
11. Swimwear must be suitable for swimming and acceptable to community standards.
12. Pets are not allowed anywhere within the pool complex.
13. Abusive or foul language shall not be tolerated.
14. The Board of Directors has the right to suspend pool privileges for violation of pool rules.
15. No parties of any kind, including birthday parties, shall be permitted in the Pool Complex without the expressed permission of the Board of Directors.
16. Children in diapers must wear protective “swimmies” when using the pool.
17. NO SMOKING IN THE POOL BATHROOMS.
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