The rules and regulations hereinafter enumerated as to the condominium property, the common elements, the condominium units and the condominium in general shall be deemed in effect until amended as provided by the Bylaws of the Association and shall apply to and be binding upon all unit owners. The unit owners shall at all times obey said rules and regulations and shall see that they are obeyed by their families, guests, invitees, employees, lessees, persons for whom they are responsible and persons over whom they exercise control and supervision. Violation of these rules and regulations may subject the violator to any and all remedies available to the Condominium Association and other unit owners pursuant to the terms of the Declaration of Condominium, The Articles of Incorporation of the Association and Florida Law. Violations may be remedied by the Condominium Association by injunction or other legal means and the Association shall be entitled to recover in said actions any and all court costs incurred by it, together with reasonable attorneys’ fees in addition to any remedies or rights which the Association or any unit owner may have to recover damages, costs and attorney’s fees against any person violating the rules and regulations or the Declaration of Condominium and any of the Exhibits thereto. The Board of Directors may, from time to time, adopt new Rules and Regulation or amend or repeal previously adopted Rules and Regulations. 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 for any other purpose other than that which is identified at the time of the giving of such waiver, consent or approval.
No Unit Owner shall make any alterations or additions to the common elements or limited common elements, or to the exterior of his unit, or any structural modification to his Unit, without the prior written consent of the Board of Directors.
No air conditioning equipment other than the type of equipment originally in the Unit is permitted, including wall or window air conditioning units, without the written consent of the Board. At the time a new air conditioning unit is purchased, the exterior part of the unit must be purchased in, or painted beige, gray or other neutral color.
Any equipment or fixture installed on the exterior of any Association building must comply with established guidelines as set forth by the Board. Any item listed above mounted on any building must be removed prior to any storm with predicted wind strength of Tropical Storm category or higher, unless the attachment is certified to withstand such winds. In any event, any damages resulting from an Owner or Resident’s installation on any exterior area of an Association-owned building will be the full responsibility of the Owner, and the Association and affected Residents have the right to pursue all legal means to recover damages from said Owner, up to and including reasonable attorney’s fees.
Units shall not be used for commercial or business purposes and shall only be used as residences.
No Unit Owner or member of his family or guest shall give orders or instructions to building employees, contractors or the management employees, but rather shall express his desires to the person designated for that purpose by the Board of Directors or Manager.
Each Unit Owner shall maintain his Unit, and especially the exterior of his Unit, in a clean or orderly manner which will not be offensive to any other Unit Owner. No linen, towels, clothing or other items shall be placed or hung on the exterior of any Unit which includes patios/balconies, except on a clothesline or areas installed or approved by the Board. All debris on the exterior of a Unit shall be picked up by the resident or the Board will dispose of same.
All complaints of Unit Owners shall be made in writing and delivered to the person designated for such purpose by the Board or to a member of the Board.
No person shall engage in loud and boisterous or other disorderly, profane, indecent, immoral or unlawful conduct on any portion of the Condominium property, including, without limitation, inside any dwelling units or in any common area.
The cost of repairing damage to common elements, including but not limited to the Condominium buildings and landscaped areas, caused by a Unit Owner, his guests, pets or tenants, shall be the sole responsibility of such Unit Owner.
The Association shall not be responsible for the theft, conversion, disappearance, loss or damage of any items received from or for an Owner, even though such theft, conversion, disappearance, loss or damage that may occur through the negligence or willful act of the employees of the Association or the employees of the Management, and all parties delivering items to such employees and all parties intended to be the recipient of items so delivered, hereby assume all risks of theft, conversion, disappearance, loss and damage of and to such items.
No improvements may be made or placed upon the exterior of any Unit without the prior written consent of the Board. Any consent of the Board to any improvement to be made in or on the exterior of any Unit, or to anything to be placed therein or thereon, may be withheld on purely aesthetic grounds, at the sole discretion of the Board. The Florida Fire Protection Code (18.104.22.168.1) prohibits furnishings, decorations, or other objects from obstructing the entrance or exit of any unit, or from obstructing the view of the exit door(s). Any items placed on exterior balconies, landings or outside 1st floor rear entrance doors that block access to exits constitute a violation of the Rules and Regulations and will be handled accordingly.
No flammable, combustible or explosive fluid, chemical or substance shall be kept within any portion of the Condominium property, including without limitation, in any Unit, storage area, common element or patio, except as required for normal household use. Storage of propane tanks or other compressed gas cylinders is expressly forbidden. The Florida Fire Prevention Code prohibits any cooking on a balcony of an apartment or condominium with the exception of an electric grill. No grill, hibachi, gas-fired or charcoal grill or other similar devices used for cooking, heating or any other purposes shall be used or lit on any balcony or under any overhanging portion, or within 10 ft of any structure.
The entire floor of a Unit is to be carpeted except for the kitchen, bathroom(s) and hallway(s). All carpeting is to be installed over padding of such quality as is designated by the Board of Directors. Notwithstanding the foregoing, a Unit Owner may install floor covering other than carpeting if the Unit Owner first obtains the appropriate Building Permit from the City of Pompano Beach (for second floor units), and the written consent of the Board of Directors as to the type of floor covering, the manner of installation, including padding, and the location of the type of flooring within the Unit. In any event, floor covering other than carpeting must be installed with sound reducing padding as required to eliminate noise transmission to lower Units. According to the City of Pompano Beach a licensed contractor must install the flooring in second floor units. Any Owner whose floor installation fails to comply with local code ordinances as to acceptable decibel noise levels in lower units shall immediately make corrections to meet local code requirements.
Temporary guests are permitted to reside in any one Unit so long as such guests do not create or cause an unreasonable source of noise, annoyance or disturbance to the other Unit Owners and permanent residents of the Condominium. All temporary guests shall be required to comply with all of the rules and regulations of the Condominium and other obligations created by the Declaration of Condominium and its Exhibits. The Board reserves their right to limit the number of temporary guests which may reside in a Unit at any time. The Board reserves the right to expel any temporary guest who violates the foregoing requirements. A temporary guest is defined as one residing with a permanent resident for less than thirty (30) days in any one year. Any guest, except immediate family (parents, children who reside in the Unit) staying longer than thirty (30) days in any one year, may be considered a tenant and will be subject to the usual tenant screening. Guests occupying a unit without payment and in the absence of the legal resident are required to register with the Management Office within twenty-four (24) hours of their arrival on the premises.
No firearms shall be permitted to be discharged on any portion of the Condominium property, including the common areas and Units, except as might be permitted in the event of an emergency pursuant to the applicable laws of the State of Florida. Firearms for this purpose shall include, but not be limited to handguns, BB guns, dart guns, pistols, rifles, shotguns, paintball guns and slingshots. Nor shall any of the foregoing be carried openly on the property by anyone other than those designated by the Board to protect the security of the residents.
Fireworks of any kind are strictly prohibited from being set off on Association property.
Each Unit Owner, whether maintaining full-time residence at Gardens North, or planning to be absent from his unit during all or part of the hurricane season must prepare his Unit prior to the impact of any storm. These preparations include but are not limited to the following:
A) Removing all furniture, plants and other moveable objects from the exterior portion of his Unit. Residents will have up to 48 hours prior to predicted storm impact to remove all potential hazards from their patios, balconies or exterior of their Units.
B) Any Owner planning to be absent from the property when a storm has been predicted must designate a responsible firm or individual to care for his Unit in case of hurricane or severe storm, and furnish the Board, Management company or other person designated by the Board for such purpose, with the name of said firm or individual.
C) Hurricane shutters may be installed only after receiving written consent of the Board.
D) Any installed hurricane shutters must be closed and secured during any extended absence or more than four (4) days during hurricane season, June 1 through November 30.
E) Any Unit Owner failing to make hurricane preparations and/or who makes improper preparations shall be held responsible for any damage done to the property of other Unit Owners, and/or to the common elements resulting from such failure.
No Unit Owner shall permit or suffer anything to be done or kept in his Unit, which will increase the rate of insurance on the Condominium Property.
Motorcycles and bicycles shall not be parked or placed in any area other than in designated motor vehicle parking spaces for motor vehicles, and bike racks for bicycles. Motorcycles and bicycles shall not be driven upon common areas other than roadways and parking areas. All motorcycles shall be equipped with appropriate noise muffling equipment, and the Board shall be authorized to bar from the Condominium property any motorcycle or other motor vehicle or bicycle that causes any abuse of normal noise levels. Any damage done to the common elements, including but not limited to pavement, as a result of motorcycle kickstands or other use of motorcycles, shall be the sole responsibility of the Owner of the motorcycle causing such damage and/or the Unit Owner to whom the motorcycle Owner was a guest or invitee. For the purposes of these Rules and Regulations, motorcycles shall fall under the same governing rules as other personal motor vehicles.
No Unit Owner shall make or permit any disturbing noises any place upon the Condominium property by himself, his family, his pets, employees, agents, visitors or licenses, nor do or permit anything that will interfere with the rights, comforts or convenience of other Unit Owners. No audio device, television, stereo/radio, sound amplifier or other sound equipment may be played or operated in such a manner that same disturbs or annoys other occupants of the Condominium.
The Florida Fire Prevention Code prohibits any cooking on a balcony of an apartment or condominium with the exception of an electric grill. No grill, hibachi, gas-fired or charcoal grill or other similar devices used for cooking, heating or any other purposes shall be used or lit on any balcony, patio, under any overhanging portion, or within 10 ft of any structure.
Patios/balconies shall not be used for storage. No clothing, towels or clotheslines are permitted at any time on patios/balconies. Only patio furniture and plants shall be allowed and shall be kept neat and orderly. The Association shall have the right to require any unit Owner or resident to remove any personal property placed on any patio/balcony, which the Association deems unsightly or potentially dangerous. Any personal property maintained on an Owners patio or outside the Owner’s back entrance shall be the sole responsibility of said Owner, and any and all damages caused to the Association or other person’s property as a result of this property shall be borne solely by the Owner of this property. The Association and affected persons shall have the right to recover all costs including reasonable attorney’s fees, in the pursuit of remuneration for any such damages. In addition, all patios and balconies must be secured prior to storm impacts predicted to be of Tropical Storm strength or greater.
Effective November 30, 2016, the revised parking rules will take effect. There will no longer be a 48-hour warning notice prior to towing. Definitions: Vehicle: Any motorized form of transportation that is for personal use that can run on its own energy source, and is functioning. This includes automobiles, small trucks, vans and other vehicles commonly used as private passenger vehicles, including but not limited to scooters and motorcycles. Commercial Vehicles: --Class A Commercial Vehicle: Vehicles with commercial lettering that have externally mounted equipment or frames. These vehicles are not allowed to be parked in the residential areas of the condominium’s property. These vehicles must be parked at the parking lot by the pool at the owner’s risk. The drivers must be residents of La Bonne Vie or Gardens North and must pre-register the vehicle with the manager of the Master Association. The Association does not provide or guarantee continuous security coverage of this area and takes no responsibility for any damages or losses resulting from parking in this area of the condominium. All commercial vehicles parked in this location must have a valid parking decal/pass visible at all times. Class B Commercial Vehicle: Small SUV’s, vans and other vehicles that have commercial lettering shall also be considered a commercial vehicle, but may be assigned a parking space in the residential areas of the condominium grounds if the commercial lettering is removed or covered. Otherwise they must be parked at the pool area with Class A commercial vehicles. Otherwise these vehicles are prohibited from parking in any area of the association property. Parking Decals: There will be three types of parking decals/passes accepted at Gardens North. Parking decals are to be displayed in the bottom, left rear windshield. Vehicles are to be parked front end forward unless other Board approved arrangements have been made. If a vehicle is approved for rear-end parking, parking decals are to be displayed in the bottom, right front windshield of said vehicle. PARKING DECALS CAN ONLY BE PLACED ON THE CAR TO WHICH THEY WERE ASSIGNED. DECALS IMPROPERLY PLACED ON UNASSIGNED VEHICLES WILL BE VOIDED AND NOT REISSUED PRIOR TO BOARD APPROVAL. Read carefully as each decal/pass has its own restrictions: OWNER PARKING DECALS: Owner decals are assigned to a vehicle by Management. Each owner shall be issued a maximum of two (2) parking decals upon receipt of valid vehicle registration. Parking decals are only assigned to vehicles by registration and license tag number. Any additional decals required by a unit owner must be requested and approved by the Board of Directors. RENTER PARKING DECALS: New renters will be issued a 30-day temporary pass upon submission of a valid vehicles registration and drivers license. In the state of Florida, a motor vehicle is required by law to be registered within ten days of the owner becoming employed, placing children in public school, or establishing residency. Once renters obtain Florida vehicle registration and license, they will be issued a renter’s decal that is ONLY valid for the period of the lease and must be renewed with a copy of the renewed rental agreement. These decals may not be placed in any other vehicle. These decals will be placed on the bottom, left rear windshield. TEMPORARY PARKING PASS: This is a pass issued by Management to those guests of owners or renters who will be parking in the complex for up to 14 days. Management will record the license number and expiration date on the pass, which must be displayed on the front mirror of the vehicle. Upon expiration, any request for extension must be approved by the Board of Directors. ALL VEHICLES PARKED OVERNIGHT AT GARDENS NORTH MUST DISPLAY: 1) A parking decal assigned to that vehicle by Management or 2) A temporary parking pass properly displayed by being hung from the front mirror or placed in plain sight on the dashboard in front of the vehicle. ANY VEHICLE NOT PROPERLY DISPLAYING A REGISTERED, AUTHORIZED DECAL OR PASS WILL BE TOWED. OVERNIGHT PARKING BEGINS AT MIDNIGHT. Commercial vehicles parked in residential parking spaces in violation of the commercial vehicle parking guidelines will be towed. Commercial vehicles parked in the pool parking lot must display their parking decal/pass at all times or they are subject to towing. If a temporary pass is not available, and a vehicle will be parked overnight at Gardens North, owners and renters may avoid being towed by parking the vehicle at the pool parking lot. The owner/renter of the unit may also call Security and make arrangements for a one-night temporary pass to be issued. This must be done prior to midnight. Any non-functioning vehicle left overnight on the property without a valid sticker or guest pass will be towed. Any non-functioning vehicle left overnight on the property with a valid decal or guest pass will be towed at the discretion of the Property Manager. Any vehicle blocking a sidewalk or extending past the length or width of the marked parking spaces in the residential areas will be towed. Vehicles parked on the grass will be towed. Any vehicle without a valid decal or pass, or any vehicle found to be displaying a parking decal not registered to that vehicle will be towed. IMPORTANT:
If you are without a proper parking decal or pass and need to leave a vehicle in the Gardens overnight, you must call the Property Manager during the week to get a temporary parking pass. If you are unable to contact the Manager, you may park your vehicle at the pool area or call Security for a one-night temporary parking pass. The pool area is considered a safe haven for guests who arrive after hours and cannot get a parking pass from the Manager. If an unregistered vehicle is parked at the pool area for more than three nights, it will be subject to being towed. These revisions were adopted at the Gardens North Board Meeting on February 15, 2011.
Sidewalks, entranceways, passageways, vestibules and all other portions of the common elements must at all times be kept free of obstruction or encumbrance and shall not at any time be used for any purpose other than ingress and regress. No carriages, chairs, benches, bicycles, plants, shopping carts, wagons, tables or other objects shall be stored or kept in or upon such areas.
Although the insurance coverage afforded through the Association, in addition to other coverage, provides hazard insurance for the individual living Units up to the drywall per the Florida State Statutes, such insurance does not include coverage of personal property and liability coverage for the individual Unit Owners. Unit Owners are required to obtain and maintain Condo Contents insurance to meet the requirements of the Florida State Statutes. Renters shall be required to obtain and maintain Renters Insurance for the duration of their lease term, unless the Unit Owner’s coverage extends to renters.
The personal property of a Unit Owner shall be stored within his Unit or, where applicable, in assigned storage areas, but, in no event, shall such property be stored or left within or upon other portions of the common elements, including entranceways to Units or public areas. Personal property left on Common Elements will be disposed of by the Board of Directors or, as representative of the Board.
All pets must be registered with the Association and are limited to birds, cats and dogs. Weight limit is 40 pounds when fully grown. Two pets cannot exceed total weight of 40 pounds. No pets are allowed to be kept in any Condominium Unit or on the Condominium property without the expressed written consent of the Association, which may be granted or withheld in the sole discretion of the Association, and which consent may be conditioned on such terms as the Association, it its sole discretion, may determine. Any written consent in one instance shall not be deemed to be a blanket consent or permission in any other instance and any consent may be revoked at any time in the sole discretion of the Association. Each Unit Owner or Resident shall indemnify the Association and hold it harmless against any loss or liability of any kind or nature whatsoever arising from or growing out of having any pet or animal upon the Condominium property. Any written consent to any pet or animal will expire when the animal or pet dies. Any permitted cat or dog must be carried or walked on a leash at all times. The Board has designated portions of the common elements of the Condominium property as “dog or pet walk areas”. All Unit Owners and Residents must comply with the Pompano Beach “pooper scooper” ordinance 90.07B which states, “It shall be deemed a violation of this section for any person or owner having custody of any animal to walk said animal(s) without a reasonable method for the removal of defection. One hundred dollars first offense, $350 second offense, $500 third offense, and subsequent offenses.” No pets or animals of any kind maybe kept, bred or maintained for any commercial purpose. No pets are permitted to be left on patios/balconies while the Owner or Resident is away. No pets are permitted within the boundaries of any recreation facilities or areas, such as the jogging trial or picnic areas, but not limited to these areas. The Board shall have the right to require any pet to be removed from the Condominium property which causes an unreasonable source of annoyance to any Unit Owner or Resident, or if these rules and regulations are violated with respect to the pet. The Board, at their discretion, reserves the right to require a photograph of the pet before approval. Pet Rule Updated 3/24/2015.
Water closets and other plumbing shall not be used for any purpose other than those for which they are constructed, and no sweepings, rubbish, rags, sanitary napkins or other foreign substances shall be placed therein. Grease and other foreign substances shall not be poured down drains. Electrical outlets and electrical wiring shall not be over-burdened. Total cost of all maintenance, repairs and replacements connected with any misuse of plumbing and/or electrical installations shall be the responsibility and paid for, by the Unit Owner.
No plantings, of whatever nature, shall be made by any Unit Owner upon any public areas and/or other portions of the common elements, without prior written consent of the Board. Any approved plantings are the responsibility of the resident. Any costs incurred by the Association in their maintenance/removal shall be borne by the resident.
In case of emergency originating in or threatening any dwelling, regardless of whether the Owner is present at the time of such emergency, the Board or any other person authorized by it, shall have the right to enter such dwelling for the purpose of remedying or abating the causes of such emergency, and such right to enter shall be immediate. As per the law, the Association has irrevocable right of entry, therefore, a duplicate set of keys must be supplied by the Unit Owner to be retained and secured by the Management firm, to be used only in the event of an emergency. Unit Owners choosing not to have keys with the Management may give a duplicate set of keys (and any alarm codes) to a person designated by the Owner. The Management firm must be notified in writing by the Owner as to who has keys and the local phone number of said person to be contacted in the event of an emergency.
No person shall be permitted upon the roof of any building without the prior written consent of the Board.
There shall be no solicitations permitted by any persons anywhere in or about the Condominium property for any cause, charity or for any purpose whatsoever, unless specifically authorized by the Board.
All Unit windows and patio/balcony screens shall be kept in the same color and material and in first class condition as originally installed. Fiberglass screening of the same color may be installed on only the bottom sections of the first floor patios to prevent dirt from splashing onto the patios. Screen doors may only be installed inside or outside any Unit’s main entrance according to the specifications sent forth by the Board of Directors, and as might be amended by the Board. Current specs are available at the Management firm during normal working hours.
No Unit Owner shall permit any service people whether for purposes of maintenance, repair, replacement or improvement to work in his Unit before 8:00 am or after 9:00 pm, except in cases of emergencies. Nor shall any Unit Owner or resident engage in same before or after such hours.
No sign, advertisement, notice or other lettering shall be exhibited, in scribed, painted or affixed by any Unit Owner on any part of the outside or inside of any Unit so as to be visible from outside the Unit or upon any portion or part of the common element without prior written consent of the Board.
All refuse, waste, bottles, cans, garbage and trash shall be securely wrapped in plastic garbage bags and placed only in those containers and areas designed for such purpose. No mattresses or furniture or other oversized items shall be left within the dumpster enclosure or placed in the dumpster. Owners will be responsible for any cost incurred by the Association to remove such items or should make arrangements with the city for collection of such items.
All vehicular and pedestrian traffic, being in and/or operating upon the Condominium property, shall at all times comply with controlling governmental law. All such traffic shall at all times obey any traffic signs and/or other equipment employed for the purpose of traffic control, whether or not same is placed by governmental authorities and /or the Association. Unless otherwise posted, vehicular traffic shall adhere to a maximum speed limit of 15 M.P.H. in the Condominium parking areas and 25 M.P.H. on roadways leading to Condominium building areas. Destruction of speed bumps is a violation of these rules and the responsible party will bear all costs incurred for repair or replacement.
No Unit Owner shall permit wheel vehicles, including but not limited to bicycles, carriages, mopeds, shopping carts and skateboards, to be used in a manner that would interfere with vehicular and pedestrian traffic upon the Condominium property. No bicycles or skateboards shall be permitted on the deck of the pool area, tennis courts or jogging trails, nor shall they be used in any manner, which would cause damage to the facilities or landscaping.
No awning, canopy, shutter or other projection shall be attached to or placed upon the outside walls or doors or roof of the Condominium buildings without the prior written consent of the Board. Terraces, balconies, porches or patios may not be enclosed. Any covering used on the terraces, balconies, porches or patios may not cover the entire area. They also must be secured if under a Tropical Storm warning or higher. Interior window treatment shall consist of drapery, blind, decorative panels or other tasteful materials, and no newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for periods of (1) week after a Unit Owner or tenant moves into a Unit or when permanent window treatments are being cleaned or repaired. No tinted glass shall be installed without the prior written consent of the Board. Any window tinting must fall within the guidelines of energy conservation of FPL as set forth by the Board. Damaged window tint must be removed in its entirety or replaced promptly. Reflective window tint is not allowed; any installation of film window tint must comply with the specifications and be approved by the board prior to installation.
No recreational vehicles shall be allowed to be parked upon the Condominium property which have oversized wheels, whose height has been altered, or are used to accommodate guests remaining on the property overnight. Mobile homes and trailers may be loaded up but will not be allowed to remain on the property for more than twelve (12) hours and cannot obstruct traffic while on the property. Any conversion van which can safely fit within the boundaries of the parking area and does not extend beyond the length of the parking lines, not obstruct the walkways while parked, and is commonly used as a private passenger vehicle, will be allowed. Boat trailers are expressly forbidden to be parked on the property at any time, except for twelve (12) hours loading or unloading so long as they do not obstruct traffic and can be parked within the lines of a parking space, and can safely be maneuvered through the parking areas. No vehicle, which obstructs traffic, uses more than one parking space, causes an unreasonable source of annoyance to other residents, discharges waste or bilge water, or in any way contributes to or causes damage to the Condominium property, will be allowed at any time.
Revised, Approved and Adopted by the Board of Directors on 8/18/2009 and amended May 16, 2011, Pet Rule amended March 24, 2015.