Obviously some sections need to be modified and perhaps other sections created. Also, some sections of the R&R's are in conflict with the 39 page 'Declaration of Condominium' and this should be addressed.
The pecking order of the various documents is stated in the By-Laws:
18. Priorities in Case of Conflict.
In the event of conflict between or among the provisions of any of the following, the order of priority shall be, from highest priority to lowest:
(a) The Condominium Act, as it existed on the date of recording of the Declaration;
(b) The Declaration of Condominium,
(c) The Articles of Incorporation,
(d) The By-Laws,
(e) The Rules and Regulations of the Association
(Schedule "RR" is an attachment of the By-Laws and are the initial rules and regulations concerning the use of portions of the Condominium and Association Property.)
This version has been in force since the inseption of the condo. This runs 9 pages with 3,440 words. Copy 1 of 2 copies, this is easier to read and print out FYI:
(ALL REFERENCES HEREIN TO CAPITALIZED TERMS WHICH ARE NOT DEFINED IN THESE RULES AND REGULATIONS SHALL HAVE THE MEANINGS ASCRIBED THERETO IN THE DECLARATION OF CONDOMINIUM FOR NAUTILUS COVE, A CONDOMINIUM (“DECLARATION”), THE ARTICLES OF INCORPORATION AND THE BY-LAWS FOR NAUTILUS COVE CONDOMINIUM ASSOCIATION INC.)
A. GENERAL RULES
1. In order to preserve the residential character of the Condominium, no business, trade or profession of any type whatsoever shall be conducted from within any Unit in the Condominium (other than Units occupied by the Developer) without the prior written consent of the Association. The Association shall possess additional authority to promulgate rules and regulations governing the manner, method and to what degree additional uses other than noted in this document may be permitted, and further, the Association shall have the power to revoke the granting of such additional permitted uses, when the Association’s sole discretion, the use in question has become excessive and/or violates the residential character of the Condominium.
2. Passenger automobiles, sport/utility vehicles, mini-trucks, vans and motorcycles (used for personal transportation and not commercially) that do not exceed the size of one parking space may be parked only in areas provided for that purpose. One (1) parking space(s) shall be assigned by the Developer to each Unit Owner as of the date of closing of title to each Unit for the exclusive use of that Unit Owner. Small trucks, campers, motor homes, trailers, RVs, motorcycles, boats, boat trailers, bicycles and mopeds will be parked only in parking areas as may be designated by the Association. The Association shall have the power to move or tow away improperly parked automobiles, commercial vehicles, motorcycles, recreational vehicles, boats, or boat trailers, and the Association is specifically granted the rights and benefits of Section 715.07, Florida Statutes. Vehicle maintenance, except car washing in designated areas, is not permitted on the Condominium Property. No parking on the streets of the Condominium Property shall be permitted at any time. All vehicles must be currently licensed and no inoperable or unsightly vehicles may be kept on the Condominium Property. The Developer and its designees are exempt from these and any other parking regulations for vehicles engaged in any activity relating to construction, maintenance, or marketing of Units, as are commercial vehicles used by vendors of the Association and Unit Owners while engaged in work at the Condominium. Speed limits shall be strictly observed.
3. No improper, offensive or unlawful use shall be made of any Unit, the Condominium Property, or of the Common Elements, or any part thereof, illegal and immoral practices are prohibited on the Condominium Property.
4. No exterior radio, television, satellite or data reception antennas, satellite dishes, or any exterior wiring for any purpose may be installed exterior of the Unit boundaries or in Common Elements, except that the Developer or the Association shall have the right (but not the obligation) to install and maintain community antennae, radio and television lines, satellite dish, security systems, and telecommunication systems, or to permit such equipment subject to additional regulations as solely determined by the Developer or Association.
5. To maintain harmony of exterior appearance, no one will make any changes to, place anything on, or affix anything to, or exhibit anything from any part of the Condominium or Association Property that is visible from the exterior of the Building or from the Common Elements or Limited Common Elements without the prior written consent of the Association. All screening, window and exterior glass door coverings and drape linings shall only be in the colors specified by the Association.
6. All Common Elements inside and outside the Buildings will be used for their designated purposes only, and nothing belonging to Unit Owners, or their family, tenants, contractors, agents or guests will be kept therein or thereon without the prior written approval of the Board of Directors. Such areas as entrances, corridors, sidewalks, elevators and stairways will at all time be kept free of obstruction. Unit Owners are financially responsible to the Association for damage to the Common Elements or Limited Common Elements caused by themselves, their tenants, contractors, agents, guests and family members.
7. Not more than two (2) domestic pets (limited only to dogs, birds or cats; tropical fish will not be limited in number), may be kept in a Unit. No Unit Owner shall allow its pet(s) to commit any nuisance, to interfere with the rights of other Unit Owners, to unreasonably annoy other Unit Owners, or to make improper use of the Condominium Property or the Common Elements. In addition, the following regulations shall apply:
(a) Pets will be under handheld leash or carried at all times on the Common Elements and Association Property
(b) Messes made by pets must be removed by Owners or handlers immediately. The Association will designate the portions of the Condominium Property that will be used to accommodate the reasonable requirements of Unit Owners who keep pets.
(c) Pets that are vicious, noisy, or otherwise unpleasant will not be permitted in or on the Condominium Property. In the event that a pet has, in the opinion of the Board of Directors of the Association, become a nuisance or an unreasonable disturbance, written notice will be given to the Owner of other person responsible for the pet, and the pet must be removed from the Condominium Property within the time designated by the Board of Directors.
(d) Guests and tenants are not permitted to have pets.
(e) The Board of Directors of the Association has the authority and discretion to make exceptions to the limitations in these pet regulations in individual cases and to impose conditions concerning the exceptions.
(f) The Owner of any pet agrees to indemnify the Association and hold it harmless for any loss or liability arising out of the ownership of such a pet.
(g) No pets shall be kept, bred or raised for commercial purposes.
8. Disposal of garbage and trash will be only by use of receptacles approved by the Association or by use of the garbage disposal units. Food and vegetable scraps are to be disposed of in the individual Unit garbage disposals. The area designated for a dumpster must be kept clear for use by the trash disposal vendor. Each Unit Owner shall comply with the requirements of any company providing trash removal services retained by the Association.
9. All non-owner persons occupying Units shall be registered with the manager or other designate of the Association, at or before the time of their occupancy of the Unit. Units shall not be leased or rented for a term of less than three (3) months, or leased or rented more than four (4) times in any twelve (12) month period. A copy of the lease shall be furnished to the Board of Directors. A copy of these Rules and Regulations must be given to the tenants and guests by the Unit Owner or the unit Owner’s agent. No Unit may be permanently occupied by more persons than the number of bedrooms times two, nor may more persons, including guests, occupy a Unit overnight than the number of bedrooms times two, plus two. The paragraph 9 may not be amended in a way that would be detrimental to the sales of Units by the Developer as long as the Developer holds Units for sale in the ordinary course of business.
10. The Association may/shall retain a passkey to the Units, and the Unit Owners shall provide the Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant to its statutory right to access the Units or to remedy any situation or condition which, if not remedied, would result in damage to any other Unit or the Common Elements. Duplication of Unit Owners’ keys to Common Element facilities is restricted in the interest of security. Such keys will be duplicated only with the assistance of the manager. If such keys are of a high security type they may only be obtained from the manager at a cost determined by the Board of Directors. Should an Owner fail to provide such a key, the Association shall have the right to forcibly enter for emergency or other purposes provided herein or under the Declaration
11. Children must be under the direct control of a responsible adult while they are on the Condominium Property. Children shall not be permitted to play in the walks, parking areas, stairways, storage areas, elevators, pathways or corridors of the Condominium Property. Skateboarding, scooters, bicycles, “Big Wheels”, or loud or obnoxious toys are prohibited. Children may be removed from the Common Elements for misbehavior by or on the instructions of the Board of Directors.
12. Loud and disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, digital video discs, singing, and playing of musical instruments, or other instrumentality of sound reproductions or amplifications, shall be regulated to the sound levels that will not disturb others. No vocal or instrumental practice is permitted after 10:00 p.m. or before 9:00 a.m.
13. Use of barbecue grills will be allowed only in areas designated as safe and appropriate by the Board of Directors of the Association. No flammable, combustible or explosive fluids chemicals or other substances shall be kept in any Unit or on the Common Elements, except as are normally used for small barbecues or for normal household purposes.
14. Lawns, shrubbery, or other exterior plantings will not be altered, moved or added to without permissions of the Association.
15. There shall be no solicitation by any person, anywhere in or on the Condominium Property for any cause or any other purpose whatsoever, unless specifically authorized by the Association.
16. Laundry, bathing apparel, and beach accessories will not be maintained outside of the Units or in Limited Common Elements. Such apparel and laundry must not be exposed to view.
17. No nuisance of any type or kind will be maintained on the Condominium Property.
18. Nothing will be done or kept in any Unit or in the Common Elements that will increase the rate of insurance on the Building or contents of the Building without the prior written consent of the Board of Directors. No owner will permit anything to be done or kept in the Owner’s Unit or in the Common Elements that will result in the cancellation of insurance on the Building or the contents of the Building, or that would be in violation of any law, ordinance regulation or building code.
19. A Unit Owner, tenant or occupant shall provide the Association with at least twenty-four (24) hours’ prior written notice before moving in or out of the Condominium. Persons moving furniture and other property into and out of Units must use the designated access door into the Unit. All such moving must take place Mondays through Saturdays between the hours of 8:00 a.m. and 5:00 p.m. only. Moving vans and trucks used for this purpose will remain on the Condominium Property only when actually in use.
20. Repair, construction, decorating, or remodeling work will be done on Mondays through Saturdays between the hours of 8:00 a.m. and 5:00 p.m. only, except in case of an emergency authorized by the Association. The Developer (for itself and its agents, designees and contractors) is exempt from this rule during the time the Developer is constructing, maintaining or marketing the sale of Units.
21. No sign, advertisement, notice or other graphics or lettering shall be exhibited, displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property except signs used or approved by the Designer of the Board of Directors. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door on the Condominium Property.
22. All Owners, tenants and occupants of a Unit shall have all hurricane and storm shutters approved by the Association prior to the installation thereof. Each Unit Owner who plans to be absent during the hurricane season must prepare his Unit before departure by (1) removing all furniture, plants and other objects from the balcony and (2) designating a responsible firm or individual to care for the Unit in the event of a hurricane threat and/or should the Unit suffer hurricane damage, and by furnishing the Board with the name of said firm or individual. Such firm or individual designated by the Owner shall be subject to the approval of the Association. Should such firm or individual not be designated or available, the Association is authorized to take whatever steps are necessary in its discretion to protect the Unit and the Condominium Property at the sole cost and expense of the Owner.
23. Elevators shall not be abused or overloaded. Smoking in the elevators or on the Common Elements is prohibited. No children shall be permitted to play or loiter in the elevators. No carriages, shopping carts or other objects shall remain unattended in elevators. No elevator shall be exclusively used by an Owner, tenant or occupant moving in or out of the Condominium if other Owners, tenants or occupants desire to use that elevator. Padding shall be installed while moving furniture or other objects which may damage the interior. The Unit Owner shall be responsible for any damage to the elevators caused by owner or his agents, invitees, licensees, agents and contractors.
24. No enclosures of balconies by Unit Owners shall be allowed without the prior written consent of the Association.
25. The following rules and regulations shall apply to the swimming pool and any whirlpool (or Jacuzzi) at the recreational facility on the Condominium Property:
(a) No pets are permitted in the pool area.
(b) No food or drink is allowed in the pool area. No preparation of food or barbecuing is allowed there
(c) All persons are required to wear robes and/or other covering and footwear while on route to and from the pool area.
(d) Only the Unit Owner or its immediate family, guests or tenants shall have pool or whirlpool use privileges.
(e) Showers are required before entering the pool or whirlpool.
(f) Each person will be responsible for his/her own jewelry or valuables left in the pool area.
(g) No chaise lounges in the pool area may be reserved.
(h) Parents are responsible for the behavior and safety of their children. Children under twelve (12) years of age must be accompanied by adults while in the pool area.
(i) Ball playing and other sports activities are not permitted on or around the pool area or in the pool. No rafts, tubes or similar equipment are permitted in the pool.
(j) The pool area and whirlpool shall not be used at any time by infants under 3 years of age, or children with diapers, or any persons with contagious or infectious skin or health conditions.
(k) Bathing suits and other articles must not be dried on chairs, chaises or other places on the Condominium Property that are in full view.
(l) The whirlpool shall be closed and may not be used before 7:00 a.m. or after 10:00 p.m. Any use of the pool before 10:00 a.m. and after 7:00 p.m. shall take place in maximum quiet.
(m) Additional pool and whirlpool rules as posted on the Condominium Property shall be strictly observed.
26. These Rules and Regulations will apply equally to Owners, their families, guests, contractors, invitees, domestic help, occupants and lessees.
27. The Board of Directors of the Association may impose a fine for each violation of these Rules and Regulations or any violation of the condominium documents, in accordance with the terms set forth in the Declaration.
28. The Condominium and Management staff, are not permitted to do private work for Unit Owners, their families, tenants, or guests while on duty. If both parties are agreeable, staff may assist such persons privately when off duty.
29. Pursuant to the provisions of Section 718.112 Florida Statutes, the Association is only obligated to respond to one written inquiry per Unit in any given 30-day period.
30. All Owners, tenants, invitees, licensees, guests, family members, agents, contractors, employees and occupants of a unit shall comply with these Rules and Regulations, and any and all rules and regulations which may, from time to time, be adopted by the Association, and the provisions of the Declaration, Articles of incorporation and By-Laws of the Association. Failure of any of the foregoing persons to comply with the terms of this paragraph may subject that person to the imposition of a fine in accordance with the terms set forth in the Declaration and to possible legal remedies, including, but not limited to, suits for money damages, injunctive relief, or any combination thereof, as set forth in the Declaration, the Articles and By-Laws.
31. These Rules and Regulations shall not be applicable to the Developer, its designees, successors and assigns, or to Units owned by the Developer, except for those specific rules and regulations contained herein that pertains to Association approval of leases, restrictions on the presence of pets, restrictions on occupancy of Units based on age, and restrictions on the type of vehicles allowed to park on Condominium Property or Association Property; provided, however, the Developer and its designees shall have the right to be exempt from any such parking restrictions if the vehicle is engaged in the activity relating to construction, maintenance, or marketing of Units.
32. The Board of Directors shall have the power, but not the obligation, to grant relief to one or more Unit Owners under the particular circumstances involved from the provisions for specific restrictions contained in these Rules and Regulations upon written request therefore, and for good cause shown in the sole opinion of the Board.
33. All approvals required or permitted hereunder from the Association shall be in writing.
34. These Rules and Regulations do not purport to constitute all of the restrictions affecting the Condominium and Condominium Property. Reference should also be made to the Declaration of Condominium, the By-Laws and any other Association governing documents.
B. RULES FOR UNIT OWNERS PARTICIPATION IN BOARD MEETINGS, A BUDGET COMMITTEE MEETING, AND A MEETING OF ANY COMMITTEE AUTHORIZED TO TAKE ACTION BEHALF OF THE BOARD
I. RIGHT TO SPEAK:
1. To the maximum extent practicable, the posted Board meeting agenda for each meeting will list the substance of the matters and actions to be considered by the Board.
2. Robert’s Rules of Order (latest edition) will govern the conduct of the Association meeting when not in conflict with the Declaration of Condominium, the Articles of Incorporation, or the By-Laws.
3. After each motion is made and seconded by the Board members, the meeting chairperson will permit Unit Owner participation regarding the motion on the floor. Such time may be limited depending on the complexity and effect on the Association.
4. Unit Owner participation will not be permitted after reports of officers or committees unless a motion is made to act on the report; or the chairperson determines that it is appropriate or is in the best interest of the Association.
5. A Unit Owner wishing to speak must first raise his or her hand and wait to be recognized by the chairperson.
6. While a Unit Owner is speaking, he or she must address only the chairperson; no one else is permitted to speak at the same time.
7. A Unit Owner may speak only once for not more than three minutes, and only on the subject or motion by the Board vote.
8. The chairperson will have the sole authority and responsibility to see to it that all Unit Owners participation is relevant to the subject or motion on the floor.
II. RIGHT TO VIDEO OR AUDIOTAPE:
1. Audio and video equipment and devices that Unit Owners are authorized to use at any such meeting must not produce distracting sound or light emissions.
2. Audio and video equipment will be assembled and placed in a location that is acceptable to the Board or the committee before the beginning of the meeting.
3. Anyone videotaping or recording a meeting will not be permitted to move about the meeting room in order to facilitate the recording.
4. At least 24 hours’ advance written notice will be given to the Board by any Unit Owner desiring to use any audio/video equipment to record a meeting.
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