RULES AND REGULATIONS FOR SEBASTIAN VILLAGE CONDOMINIUM RESORT ASSOCIATION (Feb.15, 2007) Revised December 1, 2016 and October 2019 Amended January 2023
The following guidelines are the rules and regulations for Sebastian Village Condominium Resort Association. These may be amended and/or added to by the Board of Directors as warranted. Nothing contained in these initial rules and regulations will serve to take precedence over the condominium documents (Declaration of SVCR, Articles of Incorporation, and By-Laws), and the condominium documents take precedence over any contradictory or interpretive issues.
AUTHORITY OF ASSOCIATION
In all instances herein, except when a vote of the membership of the Association is specifically required, all decisions, duties and obligation of the Association may be made by the Board.
CONCERNS, REQUESTS, AND APPROVALS
- Owners may present requests to the Property Manager via email. Routine matters can be addressed solely by the Property Manager.
- For complex matters, such as alterations or exceptions to rules and regulations, the Property Manager will consult the Board for consideration. 3. Where written approval is required, the Property Manager or Board shall provide such in the form of a letter or email. 4. Any questions with regards to violations or issues regarding maintenance and/or operation of the Condominium should be presented directly to the Property Manager ONLY.
PETS
Only small pets may be kept within a Condominium Unit subject to the following:
- Owners only, are permitted either one cat, one bird, or one dog, the adult weight of which is thirty (30) pounds or less. If an owner extends this privilege to a rental tenant or guest, they are still responsible as if the pet were their own.
- Pets may not be maintained on the Common Elements, and no animals shall be permitted to commit a nuisance in any public portion of the condominium property or grounds.
- Pets shall not be permitted, unaccompanied, outside any Unit.
- Each Owner has full responsibility for any damage to persons or properties caused by his or her pet and shall immediately pick up and discard any feces from pets upon the Common Elements.
- Pets must be taken in or out of Units on a leash or carried by the Owner when on Common Elements.
- The right to maintain a pet, subject to the conditions hereinabove set forth, is in the nature of a conditional license and is subject to revocation and termination at any time by the Association upon its sole discretionary determination that such pet is either vicious or annoying other owners, or otherwise a nuisance, or upon failure of Owner to comply with these restrictions, or any further rules and regulations of the Association pertaining to pets.
- The Association in its sole discretion may prohibit dogs which in the Boards sole discretion are dangerous dogs on or about the condominium property, Units and Common Elements, including but not limited to Rottweilers, Staff Terriers, Pit Bulls, Bull Terriers, Akitas and Tosa Inus.
- The Association shall have the power to change these restrictions pertaining to pets in its sole discretion, but if pets have been permitted prior to the change in these rules and regulations, such change shall not affect the rights of Owner(s} to keep such previously permitted pets.
- Exceptions for pets of short-term visitors and/or guest require notification to Property Manager.
COMMON ELEMENTS and “LIMITED COMMON ELEMENTS”
(west side of building) (east side of building)
This section refers to areas of Sebastian Village Condominium Resort, which are owned, and enjoyed, in common by Unit Owners. The establishment of reasonable standards for use of Common Elements serves to preserve and protect those areas for the benefit of all Owners.
This section also refers to “Limited Common Elements” as defined in Section 2.24 of the Declaration of SVCR to mean balconies/patios on the east side of the building.
It is the responsibility of each Unit Owner, tenants, and guest to be considerate of the Association’s efforts to maintain a uniform and orderly site, building, and pool area.
- The sidewalks, driveways, entrances, passages, lobbies, stairways and hallways and like portions of the Common Elements (west side of building) shall not be obstructed nor used for any purpose other than for ingress and egress to and from the Condominium Property; nor shall any personal property such as carts, bicycles, or carriages or any other objects be placed or stored therein. Appropriate chairs and, tables in areas designated for such purposes shall be an exception with approval from Property Manager.
- The personal property of Unit Owners and their occupants, guests and invitees must be stored in their respective Units.
- All balconies/patios that are Limited Common Elements (east side of building) must be kept neat and orderly, and each Unit Owner is responsible for the cleanliness and maintenance of his/her balcony/patio. Live plants are permitted on balconies/patios only if the owner is a permanent resident year-round. The following restrictions apply: • Plants may not exceed 5 feet in height. They may not be climbing, clinging plants or attached to walls, or railings. All plants must be properly maintained. Permitted are patio-type furniture, planters and other items normally used for a residential balcony or patio, but all must be reasonably acceptable to the Association. Except for approved furniture, no personal property shall be stored on balcony or patio. • No balcony or patio may be enclosed without the prior written consent of the Association, which consent may be granted or denied in the Association's sole discretion.
- No linens, clothes, clothing, curtains, rugs, mops, or laundry of any kind, or other articles, shall be shaken or hung from any of the windows, doors, balconies, rails., or other portions of the Common Elements.
- No gas or charcoal grills are permitted on terraces.
- No Unit Owner or occupant shall permit anything to fall from a window, balcony, or door of the Condominium Property, nor sweep or throw from the Condominium Property any dirt or other substance onto any of the balconies or elsewhere in the buildings or upon the Common Elements.
- No garbage, refuse, trash, or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the company or agency providing trash removal services for disposal or collection shall be complied with. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition.
- Employees of the Association are not to be sent out by Unit Owners or occupants for personal errands. The Board of Directors shall be solely responsible for directing and supervising the property manager of the Association.
- No repair of vehicles shall be made on the Condominium Property.
- No Unit Owner or occupant shall make or permit any disturbing noises 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 or occupants. No Unit Owner or occupant shall play or permit to be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio or sound amplifier in his Unit in such manner as to unreasonably disturb or annoy other occupants.
- No radio or television, mechanical or electronic installation may be permitted in any Unit which interferes with the television or radio reception of another Unit
- No sign (including any "for sale" or "for rent" 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 or exterior of any Unit or interior of any Unit visible from the exterior.
- No flammable, combustible or explosive fluids, chemicals or substances (with the exception of ORM-D consumer products) shall be kept in any Unit, or on the Common Elements. January 1, 2023
- A Unit Owner must prepare his/her unit or designate a responsible firm or individual to care for his Unit should a storm threaten the Unit or should the unit suffer storm damage. Unit Owner must furnish the Association with the name(s) of such designated firm or individual. Such firm or individual shall be subject to the approval of the Association.
- A Unit Owner or occupant shall not cause anything to be affixed or attached to, hung, displayed, or placed on the exterior walls, doors, balconies/patios. or windows of the building. . Exceptions, within Limited Common Elements (east side of building) shall be subject to approval by Property Manager. Curtains, drapes and other window treatments (or lining thereof) which face on exterior windows or glass doors shall be subject to approval by the Association.
- No air-conditioning units may be installed by Unit Owners or occupants. No Unit shall have any aluminum foil placed in any window or glass door or any reflective tinted substance placed on any glass. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door.
- No exterior antennae shall be permitted on the condominium property or Improvements thereon, provided that the Association shall have the right to install and maintain community antennae. Radio and television cables and lines, and communication systems.
- Children will be the direct responsibility of their parents or legal guardians, including full supervision of them while within the condominium property and including full compliance by them with these rules and regulations and all other rules and regulations of the Association. Loud noises will not be tolerated. All children under twelve (12) years of age must be accompanied by a responsible adult entering and/or utilizing the Common Elements and recreational facilities.
- Bathers are required to wear footwear and cover their bathing suits in lobbies or elevators. The hours of operation of the pool are from dawn to dusk.
- Smoking of any kind is prohibited in all indoor areas, balconies/patios (east side of building) and Common Areas (west side of building).
- The equipment and furnishings of the condominium have been provided for the use and enjoyment of all Owners and occupants. After use (e.g. pool furniture, umbrellas, etc…) must be returned, by the user, to the predetermined location and/or condition. Please use and enjoy them in a responsible manner, and do not remove them from their designated areas. .
- No feeding of birds or other animals is permitted anywhere on the Common Elements.
- Wind abatement screen is to be used as an additional protection during a storm; Unit owners must continue to close and latch all windows and doors during a named storm. Unit owners may use the screen as sun protection device for morning hours. Screen should not be in the down position at any other time. 16. No air-conditioning units may be installed by Unit Owners or occupants. No U n i t Shall have any aluminum foil placed in any window or glass door or any reflective or January 1, 2023
PARKING AREAS
- No parking is permitted except in designated, lined parking spaces. All vehicles must have valid license tags. No trucks longer than 35 feet or commercial vehicles are permitted overnight parking.
- All moving vans must park so as not to block accessibility to any building.
- Only one vehicle is allowed per parking space.
- Motorcycles are considered recreational vehicles and will be considered on case-by-case basis by the board of Directors using the following guidelines: a. Must be operational, in good condition, and have a current tag & registration. No motorized dirt bikes or similar recreational motor vehicles allowed. b. Must be used for personal/family purposes. c. Must have acceptable decibel level (no louder than passenger automobile) So as not to be disruptive to other residents.
- No Long-term storage of commercial vehicles, recreational vehicles or boat trailers owned or operated by Unit Owner, or their tenants, guests, or other occupants is not permitted on Condominium Property. Short term storage is limited to 90 calendar days per year, as guided by city ordinance.
- One parking space may be assigned to each Residential Unit. Such assigned space shall not be reassigned by the Residential Unit Owner without the written prior consent of the Association in its sole discretion. Remaining spaces shall be used on a first-come-first-serve basis subject to availability. At any given time, three-bedroom units shall be entitled to a maximum of three parking spaces, two-bedroom units shall be entitled to a maximum of two parking spaces. The Association Office Units may be assigned shall be entitled to a maximum of two parking spaces.
ALTERATIONS
- A great deal of time, effort, and careful consideration was employed in designing and constructing Sebastian Village Condominium Resort. The Association, its Board of Directors, and all Unit Owners have a vital stake in ensuring that the integrity of design and beauty of the community, and thus its value, is preserved. For these reasons, any proposed alteration to the Condominium or any of its residences must be carefully considered, and prior approval must be sought from the Association.
- Any owner who desires to perform any alterations to his or her unit (including roof top air conditioner replacement) must request and receive prior written approval from the Association. using the Association's request form. All required literature, specifications and pictures, as applicable, must accompany the approval request Approval will be in the sole discretion of the Association. • Note: Unit Owner or vendor access to our roof is not allowed without notifying property manager or board member.
- Hurricane shutters are prohibited because laminated glass or other protection has been utilized in accordance with applicable building codes. January 1, 2023 Page 6
- Wind abatement screen must be installed by a Florida licensed & insured contractor. The abatement screen is not a replacement for the current Miami/Dade approved windows and doors. Unit owner must have prior written permission from the Association. A permit must be applied for and obtained by the Unit Owner, from the City of Sebastian. Screen material must be black and attachment hardware should be inconspicuous.
- Owners who cause any alterations without the required approval, or installations contrary to any of the approved specifications will be required to remove the alteration and restore the affected area to their original condition. 6. Hard and/or heavy surface floor coverings, such as: tile, marble, wood, and the like will be permitted only in foyers and bathrooms. Unless same meets or exceeds sound insulation parameters of the Association. In all circumstances a cork underlayment or other suitable underlayment found to be suitable by the Association in its sole discretion will be required in connection with the installation of any hard and/or heavy surface floor covering, and the Association shall have the right to inspect the installation of the underlayment prior to the installation of the floor covering in question.
HURRICANE /EMERGENCY PREPAREDNESS
These Issues will be covered by an additional document prepared by the property manager and board of directors.
LEASES
Pursuant to Section 14.6 of the recorded Declaration of SVCR.
- “No portion of a Residential Unit (other than an entire Residential Unit) may be rented.”
- “Leasing of units shall be subject to the prior written approval of the Association.” It is the Unit Owners responsibility to inform the Association of intent to lease. “Each lease shall be in writing.”
- Each tenant or occupant shall comply with the recorded condominium documents and the Rules and Regulations for Sebastian Village Condominium Resort Association. The Residential Unit Owner will be jointly and severally liable with the tenant to the Association for any injury or damage caused by the tenant. Unit Owner is responsible to inform tenant of, and enforce, maximum occupancy restrictions.
- “All tenants shall register with the Association before moving in.” It is the Unit Owners responsibility to ensure tenant is in compliance and Property Manager and/or Board have been notified.
- “The foregoing leasing restrictions are not applicable to the Commercial Unit and the Commercial Unit may be leased on any terms that may be desired by the Commercial Unit Owner.”
CONCLUSION
Every Owner and occupant shall comply with these Rules and Regulations as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration, By-Laws and Articles of Incorporation of the Association, as amended from time to time. Failure of an Owner, his family, guests, invitees, lessees or employees 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 thereat: In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an owner for failure of an Owner, his family, guests, invitees, lessees or employees. To comply with any covenant, restriction, rule or regulation herein or in the Declaration, Articles of Incorporation or By-Laws, provided the following procedures are adhered to:
Notice: The 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.
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.
Fines: The Board of Directors may impose fines against the applicable Unit Owner up to the maximum amount of $l00.00 (or such greater amount as may be permitted by law from time to time).
Violations: Each separate incident which is grounds for a fine shall be the basis of one separate fine. In the case of continuing violations, each continuation of same after a notice thereof is given shall be deemed a separate incident, one (1) for each day of such continuation. Payment of; Fines shall be paid not later than thirty (30) days after notice of the imposition thereof.
Application of Fines: All monies received from fines shall be allocated as directed by the Board of Directors.
Non-exclusive Remedy: These fines shall not be construed to be an exclusive remedy and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner or occupant shall be deducted from or offset against any damages which the Association may otherwise be entitled to recovery by law from such Owner or occupant.
These rules and regulations shall be cumulative with the covenants, conditions and restrictions set forth in the Declaration of Condominium, provided that the provisions of the same shall control over these rules and regulations in the event of a conflict or doubt as to whether a specific: practice or activity is or is not permitted. All of these rules and regulations shall apply to all Owners and occupants even if not specifically so stated in portions hereof. The Board of directors shall be permitted (but not required) to grant relief to one or more Unit Owners from specific rules and regulations upon written request therefore, and good cause shown in the sole discretionary opinion.