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(ATTACHMENTS:
EXHIBITS I, II, AND III)
1.
The entrances, passages, vestibules, elevators, lobbies, halls and like
portions of the Common Elements shall not be obstructed nor used for any
purpose other than for ingress and egress to and from the Condominium
Property; not shall any carts, bicycles, carriages, chairs, tables or
any other similar objects be stored therein, except in locations designated
for same by the Condominium Association.
2. The personal property of Unit Owners must be stored in their respective
Units or in assigned storage lockers or spaces, if any, or in Garages.
3. No garbage cans, supplies, milk bottles or other articles shall be
placed on the balconies or other Common Elements. No lines, cloths, clothing,
curtains, rugs, mops or laundry of any kind, or other articles, shall
be shaken or hung from any of the windows, doors, balconies, terraces
or other portions of the Condominium Property.
4. No Unit Owner shall permit anything to fall from a window or door of
the Condominium Property, nor sweep or throw from the Condominium Property
any dirt or other substance into any of the balconies or elsewhere in
the Building or upon the Common Elements.
5. All refuse must be deposited with all other refuse in areas designated
for such purpose by the Master Association.
6. Employees of the Condominium Association are not to be sent out by
Unit Owners for personal errands. The Board of Directors shall be solely
responsible for directing and supervising employees of the Condominium
Association.
7. No Unit Owner shall make or permit any disturbing noises in the building
by himself or his family, servants, employees, agents, visitors or licensees,
nor permit any conduct by such persons that will interfere with the rights,
comforts or conveniences of other Unit Owners. No Unit Owner shall play
or permit to be played any musical instrument, nor radio, sound amplifier
or other electronic equipment in his Unit in such manner as to disturb
or annoy residents. No Unit Owner shall conduct, nor permit to be conducted,
vocal or instrumental instruction at any time, which disturbs other residents.
8. No radio or television installation or other electronic equipment is
permitted in any Unit, which interferes with the television or radio reception
of another Unit.
9. No sign, advertisement, notice or other 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 Developer,
and thereafter by the Condominium Association and Master Association.
Additionally, no awning, canopy, air conditioning unit or other projection
shall be attached to, hung, displayed or placed upon the outside walls,
doors, balconies, windows, roof or other portion of the Building or on
the Common Elements.
10. None of the patios, terraces or balconies that are contiguous to Residential
Units and designated as Limited Common Elements under the Declaration
may be enclosed, glassed in, screened in or shuttered, nor may any Residential
Unit Owner alter the configurations of such patios, terraces or balconies,
or hang plants, draperies, screens or other items therefrom.
Plants cannot extend beyond the vertical plane of the exterior of the
balcony or in no manner create a nuisance for any other Owners.
11. The Condominium Association may retain a passkey to all Residential
Units and Garage Units. No Unit Owner shall alter any lock, not install
a new lock, without the prior written consent of the Board of Directors.
Where such consent is given, the Unit Owner shall provide the Condominium
Association with an additional key.
12. No flammable, combustible or explosive fluids, chemicals or substances
shall be kept in any Unit or on the Common elements, except such as are
normally used in small barbecues.
13. A Unit Owner who is absent form the apartment for any length of time
during hurricane season must prepare his Unit prior to his departure by
removing everything from the balcony and closing the Hurricane Shutters.
A responsible firm or individual should be designated in the absence of
the owner to care for the Unit should the Unit suffer hurricane damage,
and furnish the Condominium Association with the name(s) of such firm
or individual.
Hurricane shutters are approved with the following specifications:
(a) They must be the accordion sliding type.
(b) They are to match the white metal color of the window frames which
is called Dover White.
(c) They are to be installed next to the structure of the building as
opposed to the outside of the building.
(d) They are to be closed during absence of the owner from June 1st, to
November, 30th. In the event you plan to be away during the hurricane
season, Management should be notified and given name of
the person responsible for the apartment in case of a Hurricane.
(e) Shutters must meet Coastal Zone requirements for Class 2 Buildings,
and have Dade County Product Approval. A copy of the sealed
engineering plans, the Coastal Zone Engineering Calculations, a copy
of Dade County Product Approval, and a Building Permit must be
submitted to the Management Office prior to the installation of
shutters.
14. Food or beverage may not be consumed on the Common Elements, except
in connection with use approved by the Board of Directors.
15. Curtains and drapes (or linings thereof) which face on exterior windows
or glass doors of Residential Units shall be subject to disapproval by
the Board, in which case they shall be removed and replaced with acceptable
items.
16. No Unit shall have any aluminum foil placed on any window or glass
doors or any reflective substance placed on any glass, except such as
is approved by the Board of Directors for energy conservation purposes.
For window tinting, a product manufactured by Martin Procession, Inc.,
called Llumallo-1050 (Neutral), which is a scratch resistant film, has
been approved. This product was chosen because of its high quality and
heat reducing properties, while its neutral color maintains the original
green tint of our window glass.
17. No exterior antenna shall be permitted on the Condominium Property
or Improvements thereon, provided that Developer shall have the right
(but not the obligation) to install and maintain antennae radio and television
lines and security systems, as well as temporary communications systems.18.
Children will be the direct responsibility of their parents or legal guardian
who must supervise them while they are within the Condominium Property.
Full compliance with these Rules and Regulations and all other rules and
regulations of the Condominium Association shall be required of such children.
Playing shall not be permitted in any of the lobbies, hallways, stairways,
elevators and lobby areas, and loud noises will not be tolerated.
19. Pets, birds, fish and other animals shall neither be kept nor maintained
in or about the Condominium Property except with the prior written permission
of the Condominium Association and then only in accordance with the provisions
of the Declaration and the following:
(a) Permitted pets will be limited to one (1) dog or cat owned said Unit
Owner in
his Residential Unit, which dog or cat shall not exceed (15) pounds in
weight at maturity. No dog or cat shall be permitted outside of its Owners
Unit unless attended by an adult and on a leash not more than six (6)
feet long. Said dogs or cats shall not be walked upon those portions of
the Master Association Properties designated by the Master Association
from time to time for such purposes.
(b) Small domestic birds or fish may be kept in the Units unless of a
variety which will emit sounds that can be heard in contiguous units.
(c) No one other that the Owner of a Residential Unit is permitted to
keep any
pets.
20. Parking areas (including Garages and parking located on Master Association
Properties) are limited to those vehicles which can satisfy height, width
and length restrictions, and all other provisions provided as follows:
(a) Boats and trailers may not be parked in any section of the garage.
(b) Vehicles may not be stored in unassigned parking spaces. Vehicles
may not be stored in assigned parking if the Owner has another vehicle
and is using unassigned parking. A vehicle will be considered stored if
it is not used during a two-week period. If you have one vehicle, you
may store it in your assigned parking space.
(c) All vehicles, including motorcycles and bicycles, must be in parking
spaces or areas assigned for special use, such as the bicycle lock-up
on the 1st Floor. Vehicles such as motorcycles, motorscooters, and bicycles
cannot be parked between parking spaces or parking bumpers.
(d) Unassigned parking will be considered parking that is not assigned
to a Residential Unit. All assigned parking and valet parking will be
indicated as such by the words Reserved and/or Valet
painted on the bumper.
21. Attachments: The attached Exhibits are a part of this document and
are binding rules of the Condominium Association. They are also documents
of themselves and are used separate form the Rules and Regulations. A
signature at the end of this document is an acknowledgment of the listed
Exhibits and an agreement to be bound by them. The Exhibits are as follows:
(a) Exhibit I. Pool rules. These rules are applicable to all residents
and guests. Residents are responsible for the actions of their guests.
These rules should be made available to all guests.
(b) Exhibit II. Party Room Rules & Regulations. This is a complete
package stating all requirements necessary to reserve the party room.
Party room reservations must be made 1 week in advance.
(c) Exhibit III. Move In-Move Out/Deliveries/Rules Governing Workmen in
the Building and Related Matters. This is an important document to make
available to movers or contractors doing work in an apartment. Residents
are responsible to the Condominium Association for the actions of anyone
hired by them and authorized on the property of the Condominium Association.
Copies of these Exhibits are available at the Management Office.
22. The tennis court are available for use during daylight hours until
10:00 p.m. The lights are on a 60 minute timer and will need to be reset
every hour. The lights will automatically turn off at 10:00 p.m. A basketball
goal is provided on the south end of the east tennis court. Tennis takes
precedence over basketball. Basketball can only be played when no one
is using the east tennis court. If the west tennis court is being used
and someone comes to use the east court, anyone playing basketball at
that time must relinquish the court.
23. Every Owner or occupant shall comply with these rules and regulations
as set forth herein, and all rules and regulations of the Portofino/South
Pointe Master Association, Inc., any and all rules and regulations which
from time to time may be adopted by the Condominium Association or Master
Association, and the provisions of the Declaration, By-Laws and Articles
of Incorporation of the Condominium Association, and the Declaration of
Covenants, Articles of Incorporation and By-Laws of the Master Association,
as amended from time to time, to the extent applicable. Failure of an
Owner, occupant, invitee, licensee, guest or tenant to so comply shall
be grounds for action, which may 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 condo, a fine or fines may be imposed on an Owner
for failure of an Owner, his family, guest, invitees, lessees 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 Condominium Association shall notify the Owner or occupant
of the infraction or infractions. Included in the notice shall be a date
and time of the next Board of Directors meeting at which time the Owner
or occupant shall present reasons why penalties should not be imposed.
The Owner or occupant may be represented by counsel and my cross-examine
witnesses.
(b) Hearing: The non-compliance shall be presented to the Board of Directors
after which the Board of Directors shall hear reasons why penalties should
not be imposed. A written decision of the Board of Directors shall be
submitted to the Owner or occupant by no later than twenty-one (21) days
after the Board of Directors meeting.
(c) Penalties: The Board of Directors may impose fines against the applicable
Unit Owner of not more than $100.00 for each infraction.
(d) Payment of Penalties: Fines shall be paid not later than thirty (30)
days after notice of the imposition or assessment of the penalties.
Non-exclusive Remedy: These fines shall be construed to be exclusive,
and
shall exist in addition to all other rights and remedies to which the
Condominium Association or Master Association may be otherwise legally
entitled; however, any penalty paid by the offending Owner shall be deducted
from or offset against any damages which the Condominium Association may
otherwise be entitled to recover by law from such Owner.
24. To the extent permitted by applicable law, including the Florida Condominium
Act, these rules and regulations shall not apply to the Developer, nor
its agents or employees and contractors, nor to any lending institution
providing construction or development financing to Developer until conveyed.
All of these rules and regulations shall apply, however, to all other
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