against Sunset Park Townhouses Association Miami, Florida

SUNSET PARK TOWNHOUSES ASSOCIATION RULES AND REGULATIONS

A. DOCUMENTATION

The Rules and Regulations of Sunset Park Townhouses Association are based on and rely upon the following documents:

The Declaration of Covenants of Sunset Park Townhouses Association as amended.
The By-Laws of Sunset Park Townhouses Association as amended, Article XI.
Dade County Code 496.6, Sec. 21-28. Noises; unnecessary and excessive prohibited.
Florida Statutes 1989, Chapter 823, Public Nuisances.

B. COMPLIANCE

All unit owners, their tenants, families, guests, employees and any other persons who may in any manner use the buildings, grounds, or facilities shall be bound by and shall comply strictly with the provisions of the Declaration of Covenants, the By-Laws, and these Rules and Regulations as set forth hereinafter, and all agreements, decisions, and determinations of the Association as lawfully made or amended from time to time. Failure to comply with any of the aforementioned documents shall be grounds for assessment of penalties up to $50.00 per house for the first offense and up to $100.00 per house for each additional offense and for an action to recover sums due for negligence or damages or for injunctive relief by the Association.

C. COMPLAINTS AND NOTICES

Complaints regarding the use of the access lanes, parking areas and all jointly held property maintained by the Association, to wit including the canal and FP&L easements, or regarding actions of other owners shall be made in writing to the Association. In the event of a complaint filed against a unit owner, a Board member of the Association or his/her designee will notify the unit owner against whom the complaint has been filed. If the homeowner fails to comply, the Board will have the option of doing one of the following:

Written notice to homeowner
Require appearance of homeowner before the Board
Levy appropriate fine

Decisions may be appealed by either party to the Board of Directors of the Association. The decision of the Board of Directors shall be final and binding upon all parties.

Owners of units, lessees, their employees, servants, agents, visitors and licensees and the owner’s family will obey these Rules and Regulations and any other regulations promulgated in the future.

D. EXPENSE OF ENFORCEMENT

Every unit owner shall pay to the Association promptly on demand all fines, penalties, costs and expenses including reasonable attorneys’ fees incurred by or on behalf of the Association in collection of any delinquent assessments against such unit thereof for enforcing any provision of the Declaration, the By-Laws or the Rules and Regulations against such owner or any occupant of such unit.

E. REVOCABILITY OF APPROVAL

Any consent or approval given under these Rules and Regulations by the Association shall be revocable by the Board of Directors.

F. AMENDMENTS

These Rules and Regulations may be modified, added to amended or repealed at any time by the Board of Directors.

G. EXTERIORS

Approval by the Board of Directors must be obtained before any exterior changes are made and the Architectural Changes guidelines adopted by the Board must be adhered to.

a. DOORS; entrance, wrought iron gates, and garage entrance and overhead

Doors may be of any material providing that color scheme matches color scheme of Association.

Special doors or finishes to be maintained by owner. Otherwise doors will be painted into color scheme of Association. Extra preparation to receive paint will be charged to owner.

b. WINDOWS;

Any style or material of windows are acceptable except wood exterior.

Wood windows must be aluminum clad on exterior.

Association will not paint windows.

c. ROOFS:

1) Shingle roofs are to be: GENSTAR SIERRA FIRE MAHOGANY or GAF TIMBERLINE, BURNT SIENNA BLEND.

d. ADDITIONS, INCLUDING SCREEN PORCHES;

1) No roofs are allowed including screened that cannot bear the weight of painters.

2) No additions will be allowed that extend past existing front entrances or garage doors.

3) Owners with additions which require extra painting in order to maintain them will be charged for additional painting.

4) No enclosed additions at rear of unit except with prior Board approval.

5) Air conditioning for additions must be approved by the Board in advance.

6) Garage enclosures must keep parking strip in front of the unit, and driveway must be used for the parking of at least one car.

2. No clothes, sheets, blankets, laundry, or any kind of articles shall be hung or exposed on any part of the Common Elements, Limited Common Elements, or any part of the exterior of a building.

3. No sign of any kind shall be displayed to public view on any Lot, except one sign of dimensions not exceeding twelve (12) inches square to advertise the property for sale or rent.

H. VEHICLES AND DEVICES

Operation of the following devices/vehicles is prohibited at all times. In the case of watercraft type devices, operation shall include the launching and/or beaching of such a device on the canal easement. Operation shall include the operation of an engine or motor associated with said devices for any reason whatsoever and shall be subject to the following fine and penalty schedule:

First offense up to $50.00, next 2 offenses $100.00 each.

Thereafter: Criminal complaint filed with the State’s Attorney’s Office and civil action to sue for $10,000.00

Hovercraft - devices designed to ride on a cushion of air.

Amphibious vehicles of any kind.

Jet skis - one or two rider recreational watercraft powered by combustion engines, not to include water craft from which engines can be removed, i.e. outboard motors.

All-terrain recreational devices (three or four wheeled).

Motorcycles - two wheeled vehicles propelled by combustion engines operated on unpaved grounds.

The above excludes outboard motors AS LONG AS THE NO WAKE LAW IS OBSERVED.

I. COMMON ELEMENTS

The Common Elements and Limited Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials and shall not be obstructed, littered, defaced or misused in any manner.

Garbage pickup is on Monday and Thursday, recyclables Thursday. Properly contained materials should be put out no earlier than after 5:00 pm before pickup day and containers brought in by the evening of the pickup day. If trash cans and recycle containers are not put OUT OF SIGHT by the evening after pickup, they will be picked up by Association and stored at the maintenance building until retrieved or disposed of.

J. PARKING

Tow away signs are placed at the entrance to each bay so that vehicles may be towed away legally for the following infractions:

Vehicles having no valid license tag, including expired tags.

Vehicles parked on sidewalks, including in front of houses or extending over sidewalks from driveways.

Vehicles parked in fire lanes. Fire lanes are marked and are located between groups of houses and common driveways, particularly the houses that run alongside the canal, and grassy lanes between canal house groups.

Vehicles parked on grass on common grounds. No parking is allowed on the berms (the grassy area on the east side of 103 Avenue).

Double parking; i.e., parking across two spaces.

Vehicles parked illegally in spots marked "reserved" for one story houses with no garage or driveway.

The company contracted to tow away vehicles guilty of the foregoing infractions will be indicated on the signs posted at the entrances and will include their phone number. A list of persons authorized to order a tow-away is on file with the tow company and in the Association office.

VEHICLES WILL BE TOWED WITHOUT WARNING AND RECOVERY WILL BE AT THE OWNER’S EXPENSE.

Reserved parking spaces are for the exclusive use of individual unit owners. They may not be occupied or used by others except with the permission of the owners.

Cars should be centered between the yellow lines and they shall not protrude beyond the spaces in such a manner as to block the ingress and egress of others.

Parking areas shall not be used for any mechanical work on vehicles except in an emergency.

A 10 mph speed limit shall be observed.

Any owner, lessee or guest must request from Association a special parking place for a recreational vehicle or boat, provided, however, that such vehicle or boat shall not exceed 22 feet in length or be wider than the width of one parking space.

No person shall use such recreational vehicle as a home or for sleeping purposes.

Violations of any of these rules may result in vehicles being towed at owner’s expense and/or fines being levied according to the aforementioned fine schedule.

K. PETS

Dogs must be leashed at all times and walked only to the swale or berm along 103 Ave.

L. BIKES, SKATE BOARDS, AND PLAY AREAS

Bikes, skate boards or any other vehicle may not be ridden on walkways inside housing area. Play areas are set up in the park between the 8300 and 8400 bays adjacent to the canal and across 103 Ave. on the FPL easement. Ball playing is not permitted on the grassy areas adjacent to parking spaces or in the parking areas.

M. POOLS AND POOL AREAS

These are private pools for the exclusive use of Sunset Park Townhouses Association, Inc. residents and their guests.

NO LIFE GUARD ON DUTY. Swim at your own risk.
Hours: Sunday through Thursday, 8:00 am to 10:00 pm
Friday through Saturday, 8:00 am to 12:00 midnight

RULES:

Proper swim attire required.
Bathers must shower before entering water.
People with long hair must wear bathing caps.
Children under 12 must be accompanied by an adult (over 18).
No food permitted in pool area. Drinks allowed in disposable containers (no glass).
No running, bicycle riding or skate boarding on pool deck or grounds.
No pets in pool or on pool deck or grounds.
No refuse on pool deck or grounds.
Excessive noise, playing ball or horseplay in the pool or pool area is prohibited.
Life rings and shepherds crooks are for emergency use only and are not to be removed from the hook except for an emergency.
Any damages will be charged to the unit owner.

All persons shall comply with the requests of the Association and any member of the Board of Directors respecting matters of personal conduct at or around pools or recreational areas.

ASSOCIATION OR MEMBERS OF THE BOARD OF DIRECTORS ARE AUTHORIZED TO REMOVE FROM THE POOL AREA ANY VIOLATORS OF THESE RULES AT ANY TIME.

N. TENNIS COURTS

1. Private tennis courts are for the exclusive use of residents of the Sunset Park Townhouses Association and their guests.

2. The courts are locked for your protection. To gain access notify the Association office. Be sure to lock the courts after you enter and when you leave.

3. Guests are permitted to play only when accompanied by a resident.

4. Regulation tennis shoes must be worn on tennis courts at all times.

5. No bicycles, skate boards, toys or pets are allowed on the courts at any time.

6. Courts must not be held for more than one hour if others are waiting to play.

7. Adults have preference over children after 5:30 pm and weekends.

8. If a lesson is in progress, courts must be ceded immediately to serious players.

 

O. QUIET HOURS (Metro-Dade Ordinance #21-28)

Owners and occupants are requested to observe the following quiet hours during the following period: 11:00 pm to 7:00 am the next day.

All occupants shall exercise extreme care about making noise or in the use of musical instruments, radios, televisions and amplifiers that may disturb other occupants.

During the quiet hours, there shall be no noise audible outside one’s unit.

In the parking areas, excessive noise, loud talking, slamming of doors, racing of engines and the use of horns may result in fines as defined in the above ordinance.

P. MISCELLANEOUS

Riding of bicycles or skateboards in a reckless or dangerous manner on inside sidewalk is not permitted.
There is to be no climbing of the fences anywhere on the premises including tennis courts and pools.

Q. RENTALS

Owners who rent their unit must notify the Association seven days prior to the effective date of such lease and shall deposit with the Association a security deposit in the sum of $120.00 for each unit for security in the event the tenant does or causes damage to the property of the Association.

Absentee owners shall be liable for a mailing assessment in the amount of $6.00 per year to defray the costs of notifications and documents to be mailed to the owner.

If a renter violates the Rules and Regulations resulting in a fine, the owner shall take appropriate removal action within thirty days of notification by Certified Mail or the Association shall have the right to remove the tenant and charge the homeowner for all costs incurred.