RULES AND REGULATIONS
These Rules are Regulations, promulgated and approved by the Board of Directors in accordance with article 17.7 of the Declaration of Condominium, are intended to make living are intended to make the living at HARBOUR POINTE OF MIAMI CONDOMINIUM ASSOCIATION as safe, pleasant and comfortable as possible for all residents.
The HARBOUR POINTE OF MIAMI CONDOMINIUM ASSOCIATION Board of Directors has adopted these rules based, in part, upon observed departures from considerate, common sense behavior on the part of a few owners, tenants and guests that threaten the health safety and comfort of other residents and the security of their property. Any reference in these Rules and Regulations to the “Association’s governing documents” shall mean the Declaration of Condominium, the By-Laws, the Articles of incorporation and these Rules and Regulations.
Owners can help keep the building and condominium property to be a safe, clean, pleasant residence by reporting infractions promptly to the Condominium Management Office. Our Security Camera Monitoring System will be used to track and report any infractions and violations of these Rules and Regulations. Please note that the Security Camera Monitoring system is not structured or designed to prevent any and all crimes and is not regularly monitored in real time by a live person.
The Association Management Office will provide written notice of violations of these Rules and Regulations to the attention of the Unit Owner whose Unit, occupants or guests are in violation and will provide a copy to the Board of Directors. In the event that the violations continue, the Board of Directors will take appropriate action. Such action may include levying fines against the Unit Owner, referring the matter to the Association’s attorneys for Arbitration or other legal action, suspension of use rights, or such other remedies as are available under Florida Law and the Association’s governing documents.
All Unit Owners, tenants, occupants and guests are required to comply with these Rules and Regulations. All Unit Owner are legally responsible for violations committed by the Unit Owner, their tenants, guests, children, employees and trade people. Violations of any of the rules by any Unit Owner, renter, guest, children’s guests, their employees or trade people will be the legal responsibility of the Unit Owner. Our community is only as good as the residents contribute to its success. Graciousness is a delicate balance of consideration and tolerance for others. Strict compliance with these Rules and Regulations is MANDATORY.
HARBOUR POINTE OF MIAMI CONDOMINIUM is a Condominium and no illegal or unlawful use shall be made any Unit, the common elements, or any part thereof, or any part thereof. All laws, zoning ordinances and regulations of all governmental authorities having jurisdiction over HARBOUR POINTE OF MIAMI CONDOMINIUM shall be observed. No Owner of any Unit shall permit anything to be done or kept in their Unit or on the common property which will increase the rate of the insurance to the Association, which will obstruct or interrupt the rights of the residents of the building, or which will present an unreasonable risk of fire or other hazards.
The Association will charge a cleaning fee of $100.00 to anyone person or unit who dirties the common areas and hallways of the Association. This cleaning fee will be charged to the unit and the owner and or tenant will be jointly responsible. If the unit is rented and the tenant fails to pay the cleaning fee the unit owner will be responsible for its payment, which will appear in the owner’s statement until paid.
SECTION – I
ASSOCIATION MANAGEMENT OFFICE
The Association is granted, by statute, the irrevocable right of access to each individual condominium int. Such access must be during reasonable hours for the purpose of maintenance, repair or replacement of common elements or any portion of the unit for which the association is responsible. As well, the Association may have access to units to make emergency repairs that are necessary to prevent damage to the common elements or to another unit, such as to repair a broken water pipe, which could cause water intrusion into other units. All owners are required to provide a copy of their unit’s key for the above purposes. If the unit owner does not provide the Association with a copy of their Unit’s key and if the Association or Emergency Personnel (such as Police, ambulance, fire Department, plumbers or electricians, etc.) are required to enter the unit during an emergency, the Unit Owner will be responsible for any damages caused during entry, and for the expense of hiring a Locksmith to provide access.
There will be a $30.00 lockout charge if the Management Office is requested during office hours (8:00 A.M.- 4:00 P.M.) Monday – Friday to provide access to a unit or occupants who have locked themselves out. ONLY the Registered Owners or Registered Renters with positive identification and when it is feasible to the Association. Should a lockout occur after office hours or Saturday/Sunday and Holidays, the occupant should seek the service of a locksmith.
The Unit Owner or Resident is responsible for all deliveries to the Unit. For safety and liability reasons, the Management Office will not accept deliveries for Units. (Packages will NOT be accepted at the Management Office) No exceptions.
- No occupant shall request or cause any employee of the Association to do any private business within their Unit during working hours.
- Complaints and suggestions of all natures shall be made in writing on confidential forms to the Board of Directors.
Solicitation is not permitted on the Condominium property. No Unit Owners nor any other persons shall be permitted directly or indirectly to solicit funds for charity, or for selling things, or seeking work, or for any reason. The conduct of any business directly or indirectly by a Unit Owner, tenant or guest of a Unit Owner or any other person, is strictly prohibited on the Condominium property. This includes distributing flyers soliciting work or selling items, etc.
Bulletin Board. Important notices will be posted on Bulletin Board located next to the elevators in the First Floor. The Bulletin Board is for official Condominium business only. No outside business or personal postings are allowed.
SECCION – II
INFORMATON REQUIRED BY THE OFFICE
For administrative purposes, or in case of an emergency, it is imperative for the Management Office to have up-to-date information about each unit, each Unit Owner and each occupant. Each Unit Owner, Tenant and other occupant must provide the following information to the Management Office in writing, and must keep it updated at least yearly:
- NAME, ADDRESS AND TELEPHONE NUMBERS (both local and out-of-town) of each Unit Owner of record, MUST BE UPDATE EACH YEAR.
- NEXT OF KIN with names, address, telephone numbers and relationship.
- MEMBERS OF IMMEDIATELY FAMILY who may in the future be authorized to use the unit in the Unit Owner’s absence (limited to father, mother, children and their spouses, and grandchildren of Owners of record).
- ABSENCE FROM UNIT: When an Unit Owner or tenant plans to be absent from their Unit for more that 10 consecutive days, the Management Office must be notified in advance in writing for emergency reasons, including contact information for while away. Be sure to leave the Air Conditioner in the Unit running at 80 F or lower to prevent mold and mildew.
- INSURANCE: The Condominium Association requires that each unit Owner furnish liability or home Owners insurance to their unit. Any unit that does not have a “certificate of insurance” on file with the condominium office will not be approved for sale or rental. Unit Owner is liable for any damages caused to or suffered by another unit Owners property or to the common areas of the condominium property.
- ACCESS TO UNITS AND DUPLICATE KEYS. The Florida Condominium Law states that the Condominium Association has the irrevocable right to access to each unit as may be necessary for maintenance, repair or replacement of any common element therein or for making repairs under emergency conditions. Whenever lock tumblers are changed or new locks installed or added to individual unit doors, a duplicate key must be furnished to the Management Office.
- SECURITY. All entrance doors to the building will be locked at all times and nothing will be used to prevent automatic closures. Keys Fobs, which cannot be readily reproduced, are for use in all element doors. Additional or replacement keys, if requested, will be provided to Unit Owners and Tenants upon payment of charge $35.00 each. The Management Office will not furnish Key Fobs to the guest. Unit Owners and other occupants SHALL NOT give key Fobs to real-estate personnel, agents, or any persons who do not reside in the Unit. The Management Office or security guards upon proper notification will handle entry for such persons.
- SPECIAL EQUIPMENT: Wheeled vehicles and toys shall not be used or ridden in the driveways, hallways, corridors, elevators, entry ways, walkways, etc., and shall not be left in such areas. This includes, but is not limited to scooters, roller skates, skateboards, bicycles, Segways, shopping carts from stores, etc., This shall not prevent the use of baby carriages, luggage carts, small personal size grocery carts and laundry carts, and wheelchairs.
- OWNER’S RELATIONSHIP WITH EMPLOYEES: Any criticism of a building employee’s work should be reported to the Management Office in writing. No Unit Owner, Tenant or guest is authorized to direct the work or to reprimand any employee of the building or any tradesmen working under the direction of the Management Office. Building employees are not permitted to perform personal services during regular working hours
SECCION – III
MAINTENANCE PAYMENT DELINQUENCY – COLLECTION PROCESS
- Maintenance Assessments are due on the 1st day of each month and are late if they are not received by the 5th day of the month. There is a Late Fee of $25.00 for each maintenance assessment which is not received by the 5th day of the month. There is return check fee of $ 50.00 for any check which is returned unpaid by the bank upon which it is drawn. In addition, after a check has been returned unpaid, the Association has the right to require all future payments to be paid by money order or cashier’s check. The Association will not accept cash at any time.
- If any Maintenance Assessment or any Special assessment due on a Unit is more than 1 month late, the account may be referred to the Association’s attorneys for collection. Florida Law and the Declaration of Condominium provide specific procedures and remedies to the Association for collection of delinquent accounts, including the filing of a lien against the Unit and a Foreclosure of that Lien. The Unit Owner shall be liable for payment of all attorney’s fees and costs incurred in the collection process, as well as other charge and costs. Such other charges may include, but are not necessarily limited to, interest at rate of 18% per annum on the unpaid maintenance assessment’s and Court Costs.
SECTION – IV
ACCESS TO UNITS
- ACCESS TO UNIT UNITS AND DUPLICATE KEYS. Florida Condominium Law States that the Condominium Association has the irrevocable right to each Unit as may be necessary for maintenance, repair or replacement of any common element therein or for making repairs under emergency conditions. Whenever lock tumblers are changed, or new lock installed or added to individual Unit doors, a duplicate key must be furnished to the Management Office.
- There will be no lockout charge if the Management Office is requested during office hours (8:00 A.M. – 4:00 P.M) Monday – Friday to provide access to a Unit for occupants who have locked themselves out. ONLY Registered Unit Owner, Registered Tenants, or pother Registered Occupants with positive identification will be given access to a Unit and only when it is feasible for the Association to do so. Should a lockout occur after office hours or Saturday/Sunday and Holidays, the occupant should seek the service of a locksmith. The Association is not obligated to provide access to a Unit, and will not be liable for failure to do so. The association cannot gel access to a Unit if does not have a Key to the Unit.
- At no time will any Board Member, Property Manager or Employee of the Association be permitted to provide access to any Unit to any person other than those named in the above paragraph, except in the case of emergency, such as fire or flood, except as may be otherwise provided by the Association’s governing documents or Florida Law. For the purpose of Pest Control, a staff person will provide access to the contracted Pest Control Company. This will be done on a regular scheduled basis.
- The Association will not accept written permission for access to a Unit by anyone other than those persons set forth in this Section IV. Arrangements for entry by such other persons will have to be made through the Unit Owner or the Unit Owner’s agent. A written copy of the authorization to such agent must be furnished to the Management Office.
- The agents of the Association and any contractor or workman authorized by the Association may enter any Unit at any reasonable hour of the day for any purpose permitted under the terms of the Association’s governing documents of Florida Law. Except in case of emergencies, entry Will be made by pre-arrangement.
- The access limitations noted above are necessary to protect the Unit Owners, the residents and Association. The only exceptions will be for necessary urgent or emergency matters as determined by members of the Board of Directors.
- The Association is granted, by statute, the irrevocable right of access to each individual Condominium Unit. Such access must be during reasonable hours for the purpose of maintenance, repair or replacement of any common element therein or any portion of the Unit for Unit for which the Association is responsible. In addition, the Association may have access to Unit to make emergency repairs that are necessary to prevent damage to the common elements or to another Unit, such as to repair a broken water pipe, which could cause water intrusion into other Unit. All Unit Owners are required to provide a copy of their Unit’s Key for the above purposes. If a Unit Owner does not provide the Association with a copy of their Unit’s key and if the Association or Emergency Personnel (such as police, ambulance, fire department, plumbers or electricians, etc.,) are required to enter the Unit during an emergency, the Unit Owner will be responsible for any damages caused during entry, and for the expense of hiring a locksmith to provide access.
SECTION – V
COMMON AREAS AND BALCONIES
- The walkways, entrance halls, hallways, corridors, stairways and roads shall not be obstructed for any purpose or reason. Wheeled vehicles and toys shall not be used or ridden in the driveways, hallways, corridors, elevators, entry ways, walkways, etc., and shall not be left in such areas. This includes, but is not limited to, scooters, roller-skater, skateboards, bicycles, Segways, shopping carts from stores, etc. This shall not prevent the use of baby carriages, luggage carts, small personal size grocery carts and laundry carts, and wheelchairs.
- The exterior of the Unit and all other areas appurtenant thereto shall not be painted, decorated or modified by any Owner in any manner without prior written consent of the Board of Directors. This includes windows, balconies, screens, and balcony rails. The consent may be withheld for purely aesthetic grounds within the sole discretion of the Board of Directors.
- Portable window air conditioning Units, window fans and air conditioning wall Unit, or any items that are not part of the building structure, are not allowed.
- No changes by way of addition or deletions, painting, decoration or alterations to the outside of any Unit, including corridor doors and balconies, are allowed without the prior written consent of the Board. Any draperies or blinds installed after November 1, 2000, must have a white lining or finish to present a uniform white exterior appearance when drawn. No reflective sunshade material (tinted film/paint) may be applied to windows.
- Each Owner/occupant shall keep such units and balconies in a good state of preservation and cleanliness.
- Balcony screening should be maintained and replaced when broken, torn or fallen to keep the overall appearance of the building uniform. All replacement screening must be “charcoal” color.
- No exercise equipment, sports equipment, bicycles and similar items, and no barbecue grills, charcoal, gas or propane tanks, or any other flammable materials are allowed on balconies or in the pool area.
- Balconies must be kept in a good state of repair and cleanliness. When cleaning or removing water a from your balcony (with or without cleaning detergents), do not allow overflow or sweep any water so that it runs to the Unit underneath you.
- The Balcony must not be cluttered with excessive amounts of plants, chairs, tables, or any hanging personal items.
- The balcony must not be used as a storage space (no plastic containers, boxes, cleaning supplies, tires, etc., may be stored on the balcony or be visible rom outside). No television antennas or satellite dishes may be visible from the outside. Throwing or dropping items from balconies is strictly prohibited. This is particularly important with regard to items like cigarette or cigar butts, as such items can damage awnings and cause fires.
- Occupants are not allowed to put their name on any entry to the Unit, mail receptacles or directories appurtenant thereto, except in the proper places provided for same, and in the manner prescribed by the Association for such purpose.
- Food and beverage may not be prepared or consumed on the common areas, except accordance with regulations, which may be promulgated from time to time by the Board of Directors. There shall be no barbecuing or cooking on balconies, pool deck or other common areas.
- The regulations governing the use of the swimming pool, pool area and recreational facilities, hours of operation, guest rules, safety and sanitary provisions, and all other pertinent matters shall be in accordance with regulations adopted from time to time by the Board of Directors whether or not they are posted in the swimming pool and recreational areas.
- All residents and guest when in common areas including hallways/elevators/gym/laundry rooms etc. must wear PROPER ATTIRE. Proper attire includes a cover-up (shirt, robe, jacket, sweater, etc.) and footwear.
- No alcoholic beverages or cigarette smoking are allowed in the lobby, gym, elevators, hallways or at the pool. (See Pool Rules).
- Ball playing, bicycling, roller-skating is strictly prohibited on common areas inside and outside the property; i.e. hallways, lobby, parking lot, etc.
- No signs, notices or advertisement shall be posted, inscribed or exposed on any window, door or other part of the unit or the common areas, nor shall anything be allowed to project out of any window, door or balcony of a Unit.
- Plumbing apparatus (water faucets, hose bibs, etc.) within the building or unit shall not be used for purposes other than, for which they are intended. (Example – No car washing).
- Washing Machines are NOT allowed in the building except for those provided by Association in the Laundry rooms, as the building’s pipe system is not prepared to hold water pressure from washing machines.
- Residents shall be liable for all damages caused to the common areas of the building, including; gates, doors and elevators, caused by residents or their guests invitees or delivery persons, when receiving deliveries, moving furniture, etc.
- Tampering with or causing damage to any common area in the building, recreational facilities or equipment, by any Unit Owner or resident or his guests and invitees shall be repaired or replaced at the expense of such resident or Unit Owner.
- No occupant shall use or store any flammable materials such as oils or fluids such as gasoline, kerosene, naphtha, benzene, or gas or propane other explosives materials, or articles deemed hazardous materials anywhere on the Condominium property.
- No shopping carts from any store are allowed to enter the Condominium property.
- SMOKING OR VAPING OF ANY KIND IS STRICTLY PROHIBITED IN ALL COMMON AREAS. USE OF ILLEGAL DRUGS OF ANY KIND IS STRICTLY PROHIBITED IN ALL COMMON AREAS.
SECTION – VI
- No occupant shall make or allow any noise that will disturb or annoy the occupants of any Unit or do or permit anything to be done which will interfere with the rights, comfort or convenience of other residents.
- Noise Nuisance. The volume on televisions, radios and musical instruments within the Unit must be kept at a reasonable sound level so as not to disturb your neighbor and should be lowered between the hours of (10:00 P.M. and 9:00 A.M.) Any constructions or repairs except for emergencies are prohibited between the hours of 5:00 P.M. and 9:00 A.M.
SECTION – VII
REPAIRS AND MAINTENANCE
- Except for the common elements, all interior and maintenance in a unit are the responsibility of the Unit Owner (except as may be otherwise provided for in the Association documents or under Florida Law). The Unit Owner will be billed for any work undertaken by the Association under emergency conditions which are in the Unit Owner’s area of responsibility.
- Servicemen: Unit Owners must directly contract with repairmen or outside service and maintenance people for work within their Units and must arrange for payment of same. Service people and household personnel employed by Unit Owners or Tenants, whether full or part time, must register with the Management Office and be able to provide reasonable picture identification. Except in cases of emergency, outside repair and services people must limit their hours from 8:00 A.M to 4:00 P.M. during weekdays. Service calls are not permitted on Saturdays, Sundays or holidays except under emergency conditions. The Management office must be contacted, and the Property Manager will assess the situation and determine the validity of an emergency.
- In the event that the water system has to be shut-off for services or repairs, a 24-hour prior written notice must be provided to the Management Office. The servicemen must provide the Management Office with written proof of proper insurance and licenses prior to conducting the services or repairs.
- No exterior of a condominium Unit shall be altered in any manner without the prior written consent of the Board of Directors, which consent may be withheld by the Board of Directors their sole discretion and opinion.
SECTION – VIII
- No motor vehicle shall be parked or left standing in such a manner as to impede ready access to any parking space, driveway, firelane, walkway or entrance to the building or garbage area. No vehicle shall use more than one parking spot. All Unit Owners, Tenants, guests and other persons coming onto the condominium Property at any time are required to comply with Parking Regulations at all times.
- Unit Owners and all other residents are responsible for the non-compliance of their guests and invitees with any and all of the applicable Rules and Regulations. The Association has the right to have any vehicle that is in non-compliance with these regulations towed away, with costs to be borne by the Unit Owner, vehicle owner or violator.
- Residents and their guest shall refrain from horn blowing and loud music on Condominium property at all times.
- All residents must Park only in their assigned parking space.
- Any vehicle that is parked in a marked NO PARKING ZONE, Fire Lane, Dumpster Area, or Front or Rear Door area, will be towed at the vehicle owner’s expense.
- No parking is permitted on the grass (green) areas of the Condominium property.
- Visitors and guests must park in Guest parking ONLY.
- Vehicles must be parked ONLY “between the lines”.
- No vehicle repairs, maintenance or car washing are allowed in the parking lot area.
- Damaged or inoperable vehicles must be removed from the parking lot within 72 hours.
- Vehicles may not stay parked in the same Guest Parking space for more than 72 hours without being moved.
- The vehicle owner and Unit Owner will be held liable any damages caused to the parking areas, gates, or asphalt, and for any damage caused by leaks of oil or other chemicals from vehicles owned by the Unit Owner, or his Tenants, guests or invitees.
- Any motor vehicle without a current registration and tag will be towed at the vehicle owner’s expense.
- Commercial vehicles are allowed between the hours of 8:00 A.M. and 6:00 P.M. Monday thru Saturday and are prohibited on Sundays and Holidays.
- Speed limit is five (5) miles per hour on the Condominium premises.
- The parking facilities shall be used in accordance with the Rules and Regulations, the Association’s governing documents and other regulations which may be adopted by the Board of Directors from time to time.
- Playing of any type in the parking lot and parking areas, driveways, etc., including, but not limited to ball games, skate boarding, bicycle riding, and hide and seek, running, etc. is prohibited at all times.
- It is the Unit Owner’s and Tenant’s obligation to make sure that their family, occupants, guests and invitees are aware of the parking regulations and comply with them.
- Mopeds are not allowed in Guest Parking.
SECTION - IX
- The trash chutes are designed for trash bags ONLY (no large than 13 gallon size bags). All trash must be put into the trash chute in plastic bags with ties. Do not any items into the trash chute that could damage or block up the trash chute or obstruct trash bags from falling to the dumpster.
- Large trash bags, boxes and bulky items must be placed into the dumpster located in the trash room at the rear of the building. At no time will anyone be allowed to place or leave trash, trash bags, boxes or other disposable items of any kind on the laundry room floors or other common areas.
Residents are prohibited from disposing of the following items thru the trash chute:
Liquids and flammable material, such as paint, varnish, etc.;
Furniture, including shelving & pictures;
Bedding and pillows;
Rugs, equipment, wood, sticks;
Any large object that can clog or damage the trash chute must be taken directly to the trash room and placed in the dumpster for proper disposal.
- 9.4 Each Unit Owner, tenant and Resident is responsible for arranging for the pickup and disposal of large items such as big boxes, light fixtures, furniture, kitchen appliances, mattresses TVs, A/Cs. There will be a $100.00 fee assessed against anyone disposing of such items in laundry rooms, trash chutes, dumpster areas or common areas. No exceptions.
SECTION – X
SWIMMING POOL RULES AND REGULATIONS
- Pool will be open from 8:00 A.M to SunSet. (Sammer until 8:00 P.M. Daylight Savings Time) for use by Registered Unit Owners and Registered Tenants and Residents Only.
- Children under 3 years of age must wear non-leak diapers or non-leak rubber pants and swimsuit in the pool. All other pool users must wear suitable and acceptable bathing attire. Cut down jeans are not permitted.
- Towels are required when entering the pool area. All pool users must dry-off before leaving the pool area or entering the building to prevent water spillage and dangerous wet floors that could cause a fall.
- All persons must shower before entering the pool to remove suntan lotion to avoid damage in the pool filter. Anyone with communicable diseases or diarrhea is prohibited from using the pool.
- Horseplay, excessive noises, yelling, running, rough play, scuffling, ball playing, splashing of pool water and activities involving moving objects in or out of the pool will not be allowed.
- No toys, rafts or other objects of any king, with the exception of life preservers, will be permitted in the pool.
- No skates, skateboards, bicycles, scooters or mopeds will be allowed in the pool area.
- ABSOLUTELY no PETS will be allowed in the pool area.
- A responsible adult (18 years or over) MUST accompany children 17 years of age or younger while in the pool area.
- NO POOL AREA FURNITURE MAY BE RESERVED except when using the pool or restroom. Anyone leaving the pool area will automatically relinquish his or her rights to the use of the furniture. No pool furniture is to be removed from the pool deck.
- No consumption of food and no glass containers permitted in the pool area. No alcoholic beverages allowed in the pool area. However, snacks, small fruit items, and water or soft drinks in cans or plastic containers are allowed.
- Refuse must be deposited in trash containers. Everyone is responsible for leaving the pool area clean.
- All persons using the pool do so at their own risk. The Association, Unit Owners, Board of Directors and Office Personnel are not responsible for accidents or injuries of any kind.
SECTION – XI
- Gym will be open from 6:00 A.M – 9:00 P.M.
- The GYM is for use of Registered Unit Owner and Registered Tenants and Residents Only.
- Towels are required when using exercise machines. Please wipe off all seats and handles after using a machine.
- Horseplay, excessive noises, yelling, running, rough play, scuffling, is prohibited.
- ABSOLUTELY NO PETS are allowed in the Gym area.
- Gym to be used by a responsible Registered Resident Adult Only (18 years or over)
- No food consumption or glass containers permitted in the GYM area. Soft drinks and water in cans or plastic containers are allowed.
- NO SMOKING or VAPEING of any kind, and use of any kind of drugs, are permitted in the GYM area.
- All trash must be deposited in trash containers. Everyone is responsible for leaving the area clean.
- All persons using the GYM do so at their own risk. The Association is not responsible for accidents or injuries of any kind.
SECTION – XII
- When a unit is to be occupied by the immediate family of an guest of a Unit Owner or Tenant without the Unit Owner or Tenant being present, written notice must be given to the Management Office in advance, specifying name, age, relationship and approximate dates of the visit. Family members or guests must notify the Management Office upon their arrival and departure. “Immediate family” is defined as father, mother, children, and their spouses, and grandchildren of an Unit Owner or Tenant of record. For the purpose of determining appropriate use of Units by immediate family members or guests, multifamily and partnership arrangements will be limited to three Owners of record. Corporate Ownership may designate up to three Corporate Officers or Directors as Unit Owners of record for purposes of this Section.
- An up to date roster of immediate family members or guests who may be authorized to occupy in the Unit in the Owner’s absence must be maintained in the Management Office.
- Unit Owners and Tenant must provide all Guests with a copy of these Rules and Regulations upon arrival. It is the responsibility of the Unit Owner and Tenant to insure that all guests, including minors, comply with all requirements of the Rules and regulations. No minors (under 21) are allowed to visit without the Unit Owner or Tenant being in residence.
SECTION – XIII
CONFERENCE MEETING ROOM
- The Conference Meeting Room which is located in the management office shall only be used for meetings of the Board of Directors and duly noticed meetings of the Unit Owners, except as may be otherwise determined by the board of Directors in writing.
SECTION – XIV
PATIO (2ND FLOOR)
- The patio is for use by Registered Unit Owners and Registered Tenants and Residents Only.
SECTION – XV
- The roof area is off-limits to all residents, guests and visitors. Access doors to the are kept locked for the safety of all residents, guests and other persons. Access to the rook area is restricted to Association employees, maintenance and service personnel specifically authorized by the Association or the Property Manager. Access to the roof is by appointment only, and must be approved by and scheduled with the Management Office at least 24 hours in advance. Access will only be permitted Monday through Friday 8:00 A.M. to 4:00 P.M. Only services people with a valid and appropriate contractor’s license and proof of insurance will be permitted access to the roof. It is recommended that these documents be provided to the office at the time the appointment is made.
- Additional request License and Proof Insurance Liability.
- Dyes and dye products are never to be used in washers. Heavy or large articles (such, rugs, blankets, etc.) are not permitted in the washers and dryers, and must be sent or taken to a commercial cleaner or public laundry.
- Leave the machines clean and free of lint. Remove your clothing from washer or dryer promptly. The Association is not responsible for lost or damaged clothing or other personal property. Washers operate for approximately 30 minutes and dryers for about 75 minutes.
- Secure all bleach and detergent containers before taking them into the corridor to prevent spillage and discoloration of floors.
- Report all breakdowns to the Management Office promptly.
- Doors to the laundry rooms must remain closed at all times.
Rules regarding tras (Section IX) applied to laundry rooms.
Additional Rules for the Laundry Room
Please refrain from disposing anything other than ordinary 13 gallons garbage bag thru the trash chutes. Residents are prohibited from disposing of the following items thru the trash chute;
- Cardboard boxes
- Construction debris
- Furniture such as shelving & pictures
- Bedding and pillows
- Rugs, equipment, wood, sticks and tolls
And any other large object that can clog and damage the trash chute must be taken directly to the trash room for proper disposal.
Please be advised that residents in violation of this rule are subject to paying a fee of $100.00 for each violation, which will be enforced by Management.
SECTION – XVII
SALES AND RENTAL PROCEDURES/APPLICATION
- No unit may be transferred or sold without the approval of the Board of Directors, using the procedure set forth in Article 18 of the Declaration of Condominium. There will be a non-refundable charge in connection screening-processing fee of $100.00 per applicant (other than married couples or parent/dependent child, which are considered one applicant).This fee must be paid at or prior to the time approval is applied for.
- All Leases and Rentals are subject to the provisions of Articles 17.5 and 18 of the Declaration of Condominium. All leases must be on lease forms which are approved by the Board of Directors. No lease shall be valid unless notice thereof, together with the name and current address of the proposed tenant and copy of the proposed lease is furnished to the Association prior to the commence of such tenancy. The Officers of the Association with the assistance of Management Office will conduct the screening process. Failure to follow sales and rentals guidelines will result in a $1,000.00 penalty, which will be assessed to the owner.
- Declaration of Condominium of Habour Pointe of Miami; copy $150 (Bay-Laws)
- The Fee for an ESTOPPEL Letter is $250.00. Fee for a CONDO QUESTIONNAIRE is $250.00 – both Payable to: Habour Pointe of Miami Condominium Association.
- A fully completed Application for residency must be returned and signed by the Seller/Owner and prospective Buyer or Lessee.
- Moving In/Move Out. The Management office must be provided with written notice of a move-in or a move-out at least 24 hours prior to the time of the move. A Moving Deposit of $500.00 must be paid to the Association at the Management Office at least 48 hours prior to the move. If the move did not result in any damage to the common areas, the moving deposit will be refunded within two weeks after the move has been completed. If the move result in any damage to the common areas, the cost of repairing same shall be deducted from the moving deposit. If the cost of repairing the damage is exceed the amount of the deposit, that the Unit Owner, Tenants, and ted the move shall be liable for the additional expense of repairs. The Deposit will be refunded when you move out (excluding Saturdays/Sundays or Holidays) to allow time for inspection of premises, provided not damages were done to the common areas and the move in/out took place during schedule hours. This Deposit maybe used for fines not paid to Association for violations of RR. Movers must unload items to the lobby and release the elevator immediately.
- Moving is permitted only Monday through Friday between the hours of 8:00 A.M and 4:00 P.M. Deliveries are allowed as long as they are done within reasonable hours Monday through Friday between the hours of 8:00 A.M. and 4:00 P.M. Elevator pads must be obtained from the Office for all moves. Moving/Delivering at any other time will carry an automatic fee to the resident of $ 500.00. Moving or Delivery at any other days or times will result in a Moving charge of $ 250.00, which may be deducted from the Moving Deposit.
- Elevator pads used in the elevators to avoid damage to the elevators. If you do not have elevator pads you must obtain them from the Management Office. Movers must unload items to the lobby or hallway, and release the elevator immediately.
- OCCUPANCY RESTRICTIONS: The following maximum occupancy restrictions shall apply to all Unit:
- One-bedroom units are limited to three (3) persons with a maximum of two (2) adults.
- Two-bedroom units are limited to four (4) persons of which at least one (1) must be an adult.
- Three-bedroom units are limited five (5) persons in which at least one (1) must be an adult.
SECTION – XVIII
HURRICANE / STORM PREPARATION
- In the event of a Hurricane Warning being issued for any portion of Miami-Dade County, all Unit Owners are responsible for making sure that their Unit are properly prepared as set forth below. Each Unit Owner who plans to be absent from his Unit during any portion of the hurricane season (June 1 through November 30) must prepare his/her Unit prior to departure.
- Removing all furniture, plants, and other objects the balcony.
- Designating a responsible firm or individual to care for his/her Unit should the unit suffer hurricane damages, and provide a copy of the designation to the management office prior to the arrival of the hurricane. Failure of a unit owner to timely comply with the provisions of may result in the subject Unit Owner being assessed a charge in the event the association must perform or retain a person or entity to perform the duties imposed under this Section.
- After the Hurricane Season has ended (Nov 30th), all hurricane materials must be immediately removed from windows and exteriors of the Unit.
SECTION – XIX
- Owners and Renters are responsible for the conduct of their children and minor guests and invitee for the cost of repairing all damages or losses caused by them. Under no circumstances are children permitted to run or play in common areas, the gym, the pool area, corridors, elevators, and stairways, outside parking areas, driveways or garages.
- It is the intention of the Association to protect the safety and interests of all minors coming onto the condominium property, and to protect the Association’s property. If necessary, the Association will employ every remedy available under Florida law to recover from their parents, guardians and responsible adults the cost of all damages caused to the Condominium property and common elements by the negligence, willful acts or theft of property by minors.
PET AND ANIMAL
- Effective as of the Effective Date of these Revised Rules and regulations, NO PETS are allowed to be kept or brought on to the Condominium Property, including all Common areas and Unit. This applies to all Unit Owners, Tenants, Residents, Occupants, Guests, and Invitees. It is the intention of the Board of Directors that these Pet Rules and Restrictions will be strictly enforced, regardless of whether or not prior pet Rules and Restrictions were strictly enforced.
- Nothing contained herein shall be deemed to prohibit lawful, properly trained and properly documented service animals and emotional support animals. However, the Association has the right to require prof that all service animal and emotional support animals are properly trained and document in accordance with applicable law.
PETS “3 FOR GRANDFATHERED IN” THE FOLLOWING RULES APPLY:
- All Unit Owners, Tenants, Residents and Occupants who have been keeping a pet in their Unit which they obtained prior to the Effective Date of these Revised Rules and Regulations shall be permitted to keep that pet, as long as that pet and the owners thereof are in compliance with all prior Rules and Regulations regarding pets, and are in compliance with these Revised Rules and Regulations. Upon the death of such pet, no replacement pets will be permitted. No additional pets or replacement pets are permitted to be maintained or brought onto the Condominium property after the Effective Date of these Revised Rules Regulations.
- All dogs, regardless of size, must be kept on a leash, or contained in a pet carrier, and accompanied by an adult, at all times when outside of a Unit, including hallways, elevators, and all other common areas. No pets are permitted in the pool areas. No pets are permitted in the pool area or the gym at any time.
- All dogs must be walked off of the Condominium Property. Dogs owners must clean up all of the dog’s leavings, droppings and any mishaps. Pets shall not be permitted to defecate or urinate anywhere on the Condominium Property, including all common areas, parking areas, lawns and gardens, etc.
- Pet owner, and Unit Owners and Tenants where such pets are kept, are responsible for any and all damages caused by their pets.
- No pets or service animals shall be kept or left on balconies.
- Any pets, service animals or emotional support animals which bite or attempts to bite persons or other animals, or which otherwise present an unreasonable danger, or which are causing an unreasonable nuisance or annoyance to other residents, including making excessive noise, are subject to being permanently removed from the Condominium Property. Such animals shall be reported to the Management Office in writing. The pet’s owner will be notified in writing to correct the problem immediately. Failure of a pet owner or unit are to correct the problem within 48 hours, or repeat offenses, may result in the Association levying fines against the unit owner where the pet or other animal is kept, and may also result in the Association commencing arbitration proceedings or other appropriate legal proceeding to cause the pet or animal to be permanently removed. Any pet or other animal which bites or attempts to bite a person is subject to being permanently removed after the first such offense.
- No Owner, tenant, occupant or any other person shall feed any stray animals anywhere on the Condominium Property, including common elements and limited common elements, nor leave food or water anywhere on the Condominium Property for the purpose of feeding stray animals or which results in the feeding of stray animals. The Association is hereby authorized to purchase signs to be posted around the Condominium Property stating:
NOTICE: FEEDING STRAY ANIMALS IS PROHIBITED.
AVISO: SE PROHIBE ALIMENTAR A LOS ANIMALES CALLEJEROS.
TILE AND HARD SURFACE FLOORS – REQUIRED SOUNDPROOFING
The Association requires the installation of soundproofing material before tiles and or other hard surface floors are installed. The minimum soundproofing requirements are as follows:
(STC) sound transmission class II Impact 75;
(STC) sound transmission class II transmission 75.
- A Unit Owner desiring to install tile or other hard surface floors must first apply for the approval of the Board of Directors. The Unit Owner must provide the Management Office with the manufacturer’s specification sheet showing that the soundproofing material to be installed meets the minimum soundproofing requirements set forth above.
- After the installation of the soundproofing material, the Unit Owner must give the Management Office written notice that the soundproofing layer has been installed. Management will then have the right to inspect the soundproofing material to confirm that the proper approved soundproofing material has been installed.
- After Management confirms same, it shall notify the Unit Owner in writing that the soundproofing material has been approved by the Association. After that written approval is provided to the Unit Owner, the Unit Owner may proceed to have the hard surface flooring installed.
- PLEASE NOTE: Hardwood floor generally come with a soundproofing material which does not meet the above requirements. It is the responsibility of the Unit Owner to ensure that soundproofing material which meets the above requirements is installed. Failure to do so may result in the Unit Owner being required to remove and replace the soundproofing material.
- In the event that a Unit Owner, Tenant is Tenant Resident, Occupant, Guest or Invitee excessive dirt or other material which makes it necessary for the Association to clean a section of the common area beyond normal cleaning requirements, the association will have the right to charge a minimum cleaning fee of 50.00 to the Unit Owner or Tenant whose occupant, guests or invitee made the extra cleaning necessary. This leaning fee will be charge to the Unit Owner and Tenant, who will be jointly liable for the charge. If The unit is rented and the Tenant fails to pay the cleaning fee, the Unit Owner was Owner will be responsible for its payment, and the charge will appear in the Unit Owner’s statement until paid.
- Pursuant to the provisions of the Association’s governing documents and Florida Law, the Board of Directors has the power to levy fines for violations of these Rules and regulations.
- In the event any Rule or Regulation, or any portion thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, all remain provisions of these Rules and Regulations shall remain in full force and effect.
- The Board of Directors reserves the right, pursuant to the Association’s governing documents and Florida Law, to make additional Rules and regulations or to modify the ones contained herein, from time to time, as the Board deems necessary or appropriate.
- Being unaware of these Rules and regulations does not constitute a valid excuse or reason for failing to comply with same.
- Any failure of the Association to enforce any Rule or Regulation at any time as to particular violation shall not constitute a waiver of the Association’s right to enforce such Rule or regulation with regard to future violations.
FLORIDA’S “PARENTAL RESPONSIBILITY STATUTE”
Incidents of juvenile vandalism have increased alarmingly over the recent months, prompting many Associations to seek advice on the Association’s rights to compensation from the vandal’s parents. Traditionally parents are not vicariously liable for the torts of their minor children. Nevertheless, in certain unusual circumstances, a parent may incur liability:
- Where he entrusts his child with an instrument which because of the child’s lack of age, judgment, or experience may become a source of danger to others;
- Where a child in the commission of a tortuous act is occupying a relationship of a “servant” or “agent” or his parents;
- Where the parent knows of child’s wrongdoing and consents to, directs or sanctions it;
- Where he fails to exercise his parental control over his minor child, although he knows, or in the exercise of die care should have known, that injury to another is a probable consequence.
In addition to circumstances which come within these exceptions. Florida’s Parental Responsibility Stature, section 741.24, Florida Statutes, may represent an additional weapon in the arsenal of a Condominium Association’s legal remedies to combat vandalism or theft of Condominium Property by minors.
The Parental Responsibility Statutes is a form of a statutory strict liability. It dispenses with the need to prove the elements of common law tort vicarious liability listed above. The statute imposes liability upon parents by virtue of relationship and without the necessary of an allegation of fault or their part, for their child’s willful destruction of property.
Section 741.24 reads as follows:
741.24 Civil action against parents; willful destruction or theft of property by minor.--
- Any municipal corporation, county, school district, or department of Florida; any person, partnership, corporation, or association; or any religious organization, whether incorporated or unincorporated, shall be entitled to recover damages in an appropriate action at law, in a court of competent jurisdiction, from the parents of any minor under the age of 18 years, living with the parents, who maliciously or willfully destroys or steals property, real, personal, or mixed, belonging to such municipal corporation, county, school district, department of state, person, partnership, corporation, association, or religious organization.
- The recovery shall be limited to the actual damages in addition to taxable court costs.
The statute applies to malicious or willful acts and or to “accidents” or “carelessness”.
Since a Condominium Association is the statutorily recognized representative of all of the owners of the common element, a condominium association can properly maintain an action under the Parental Responsibility Statute.
In addition to the parental responsibility Statute, Florida’s Condominium Act provides an enforcement mechanism to insure compliance with the provisions of the Condominium documents Section 718.303, Florida Statutes.
718.303 Obligations of owners; waiver, levy of fine against unit by association. ---
Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws and the provisions thereof shall be deemed expressly incorporated into any lease of a unit. Action for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
- The Association.
- A unit owner
- Directors designated by the developer, for actions taken by them prior to the time control of the association is assumed by unit owners other than the developer.
- Any director who willfully and knowingly fails to comply with these provisions.
- Any tenant leasing a unit, and any other invitee occupying a unit.
The prevailing party in any such action or in any action in which the purchaser claims a right of void ability based upon contractual provisions as required in s. 718.503 (1)(a) is entitled to recover reasonable attorney’s fees. A unit owner prevailing in an action between the association and the unit owner under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation.
This relief does not exclude other remedies provided by law. Actions arising under this subsection shall not be deemed to be actions for specific performance.
- A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds there under might constitute a waiver of any provision of this chapter.
- If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association bylaws, or reasonable rules of the association. No fine will become a lien against a unit. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and apportunity0 for hearing, provided that no such fine shall in the aggregate exceed $1,000.00. No fine may be levied except after giving reasonable notice and, if applicable, its licensee or invitee. The hearing must be held before a committee of other unit owners. If the committee does not agree with the fine, the fine may not be levied. The provisions of this subsection do not apply to unoccupied units.
Since most Condominium documents impose upon a tenant the same duties as those imposed upon a unit owner, section 718.303 (1) can be used in a similar fashion to secure money damages from the parent tenant.
Being unaware of these Rules and Regulations is not an excuse for not complying with them. Failing to acknowledge receipt or acceptance of these Rules and regulations is not an excuse for not complying with them. Should any of these Rules and Regulations be violated, the appropriate Unit Owner(s), Tenants, Occupants and other Residents will be held accountable and responsible for all damages, cost and expenses incurred, including legal fees and costs. After notice of a violation of the Rules and Regulations has been given. If there is no timely response or correction of the violation, the Association may instruct its attorneys to immediately commence appropriate legal proceedings without further notice or demand.
These legal proceedings may include the filing of a Petition for Arbitration or the filing of a Lawsuit seeking a court Order granting an Injunction or other appropriate relief. Failure to comply with such Injunction or Court Order may constitute Contempt of Court. The Association will instruct its attorneys to pursue all appropriate relief to the fullest extent of the Law. These Rules and Regulations have been designed to make living at Harbour Pointe of Miami Condominium pleasant and comfortable for all Residents. These Rules and Regulations may be modified, added or repealed at any time by the Board of Directors as permitted by the Association Documents and Florida Law.
BY ORDER OF THE BOARD OF DIRECTORS.