Windmill Village Condo 1

WINDMILL VILLAGE CONDO 1

RULES & REGULATIONS

EFFECTIVE:APRIL 1, 2011

INTRODUCTION TO RULES AND REGULATIONS

The following replaces all previously issued rules and regulations.

Unit owners will receive a free copy of the Rules & Regulations upon each revision. Additional copies may be obtained from the Office Manager at a cost of $1.00 each. It is the responsibility of the Unit Owner to furnish a copy of the Rules & Regulations to their tenant.

Revisions to the rules and regulations will be made whenever necessary so as to keep current with the situations and changing conditions. Suggestions for any changes should be submitted to the Board of Directors in writing.

The Board of Directors has the responsibility and the authority to enforce the rules and regulations. However, the Board of Directors may delegate its responsibility to the management company to carry out the details of enforcement, recording the same and reporting the results of their action to the Board of Directors.

A complaint, in writing, may be filed with the Board of Directors. Violators will be notified by the park manager in writing by certified mail and a copy will be filed in the office. In a case of renters, the owner will be notified, and the owner will be ultimately responsible for their renters. Violators have two (2) weeks after the written notification to correct the violation.

If conduct, deemed to be in violation, does not cease within the required time, the Board of Directors has the right to enforce the rules and regulations by applying a fine of $25.00 per day with a maximum of $1,000.00 against the unit owner, or bytaking legal action. All attorney fees, filing fees and other expenses incident to the enforcement of these rules and regulations will be paid for by the non prevailing party. The acceptance of a Warranty Deed conveying title to a unit will be considered to be an acceptance of the enforcement provisions of the rules and regulations. The following rules and regulations will apply to and be binding on all unit owners, their heirs, successors and assigns.

CONTENTS

Units and their useSection 1

1. Definitions
2. Permitted types and size
3. Set Backs
4. Restrictions and Requirements
5. Application procedure

Renting and LeasingSection 2

Vehicles and ParkingSection 3

LandscapingSection 4

PetsSection 5

DocksSection 6

GatesSection 7

Miscellaneous Section 8

Section 1

A.Definitions

1.“UNIT” means a part of the condominium property which is subject to private ownership.

2.“P.M.” includes park models, manufactured homes, mobile homes or recreation vehicles permanently placed (tied down) on a unit.

3.“R.V.” is a recreational vehicle, including a motor home, which is temporarily placed on a unit.

4. “B.O.” is a recreational vehicle that is enclosed in any type of super structure (build over).

5.“S.F.R.” is a detached single family residence which is a structure built on a unit according to standards and sizes established by the State of Florida, St. Lucie County and Windmill Village Condo #1 Board of Directors.

6.“PORCH” means a covered area adjoining an entrance to a building and usually having a separate roof.

7.“DECK” means a flat, floored, roofless area.

8.“PATIO” means an area constructed of various materials at a grade level. Grade is the level of the original concrete pad.

B.Permitted Structures

1.No work is to begin before approval by the Board of Directorsand with approval from county officials.

2.All units are restricted for the use of P.M., R.V., B.O., or S.F.R.

3.The replacement of existing structures as outlined in B.1 must conform to established set-backs as referred to in Section 1 C. Setbacks. Variances will be considered on lots other than thestandard 30’ x 60’.

4.S.F.R. structures buildt along the seawall must be designed in a manner that will not add any additional pressure or compromise the integrity of the seawall. Prior to construction; A Florida registered P.E. or Architect must provide a signed and sealed document to verify compliance.

5.Bay windows are allowed as long as they do not encroach into any set backs or any other property.

6.Screening of porches extending either front and or rear of main building living quarters is permitted. Screening must extend from a porch floor to a porch roof with the exception of the lower thirty (30”) inches where kick panels are allowed. An awning type canopy either permanent or hinged is not considered a roof. Windows which meet county codes are allowed.

1. Any type of residence must be maintainedin good condition including the exterior of a unit, driveway and landscaping. Any vehicle (i.e. trailers, autos, golf carts, water craft and motorcycles) placed on a unit must also be maintained, registered, and in good condition.When it is determined by the Board of Directors that the residence or vehicle is in need of repair or replacement, written notice will be sent to the unit owner(s) of record. If the owner(s) disagree with the findings of the Board, Notice of their contention must be filed with the Board of Directors within thirty (30) days by certified mail. A panel of unit owners will be appointed to act as an arbitration committee in an effort to resolve the situation. One member of the committee will be appointed by the Board of Directors, one by the unit owner in question and one by mutual agreement. The association may pursue all legal remedies available to it. If the committee’s decision is in favor to the association, corrective measures must be taken within thirty (30) days. After thirty (30) days the association will pursue whatever legal means necessary to correct the situation including the use of daily fines.

C.Set Backs

1. A minimum front setback will be fourteen (14’)

feet from the street or gutter (unless Rule #4

applies.). No structure can be placed within this

space except stairs, a four (4’) foot landing with

steps running parallel to the road or a handicap

ramp to a porch or deck. Air Conditioning units

are also allowed in this area.

2.A minimum rear setback will be five (5’) feet with the exception of those lots on the North side

of the park which in accordance with past practice is allowed a zero rear setback. Lots located on the center parcels (center parcels are defined as lot #’s 146 – 168) are allowed a four (4’) foot landing with steps running parallel to road as a means of second egress.

3.A minimum setback on owner’s side will be eight (8’) feet from structure to property line. A variance shall be considered by the Board of Directors to allow for a maximum structure width of twenty-two (22’) feet. In any case, an eight

(8’) foot minimum setback shall be maintained between structures. Nothing of a permanent nature can be placed in this areawith the exception of a one (1’) foot roof overhang in the owner’s airspace, sidewalks, grade level patios and vegetation.

4.All units (lots) are required to have a single concrete parking area. A minimum of eighteen (18’) feet in length with a minimum width of ten (10’) feet to a maximum width of twenty-two (22’) feet. In the case of site built S.F.R. or manufactured home where a garage is incorporated under the structure; a minimum concrete area will be ten (10’) feet in depth and a minimum width of ten (10’) feet. The garage must be at least twenty (20’) feet in depth. Alteration to the concrete pad such as design patterns, colored concrete and cement pavers will be allowed based on approval by the Board of Directors.

D.Restrictions and Requirements

1.All new structures or modifications to existing structures as defined above shall comply with St. Lucie County Building codes as provided by the issuance of a building permit and posted on the unit property.

No structure will exceed a height of twenty five (25’) feet from grade to the highest point of thestructure. Grade is the level of the original concrete pad.

2.The area from the finished floor to the ground level must be enclosed.

3.The elevation of a deck or porch will not exceed the elevation of the floor of the residence or vehicle. The area between the deck or porch floor and the ground must be enclosed. The design of the deck or porch may include provision for use of the underlying space as a storage area. However, this space will not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel-powered equipment.

4.Air-conditioning units are not permitted on common elements or on the eight (8’) foot setback side.Air conditioners will be permitted on the 20’ buffer on the north side of the association, but will be relocated in the event access to the utilities is needed.

5.Garages (with the exception outlined in Section1 C Set Backs #4), carports, fences, or replacement of existing fences, free standing awnings, utility rooms and out buildings (storage sheds) are not permitted. Outside storage containers no larger than three (3’) feet in depth, five (5’) feet in width and seven (7’) feet in height are allowed. Such containers must be prefabricated of plastic or other synthetic material and be approved by management for location and maximum dimensions. These containers could be subject to county rules and require County approval and must be secured.

E. Application Procedure

1.No work is to begin before approval by the Board of Directorsand all necessary permits and approvals by St. Lucie County are obtained.

2.All outside contractors must submit proof of having valid contractors license along with valid certificate of insurance.Unit owners must supply a copy of these documents to the Board of Directors or Manager prior to the commencement of work.

3.Applications for B.O. or S.F.R. on any unit (lot) must be submitted to the Board of Directors for approval.The application must be accompanied by a complete set of working plans/drawings and a site plan.

4.The County permit must be displayed on the lot before construction begins.

5.Any and all changes to the exterior structure, deviating from the original plans/drawings submitted to and approved by the Board of Directors, must be resubmitted to and re-approved by the Board of Directors prior to making changes.

7.Any Changes to the exterior of an existing structure, including porches and decks, must be submitted to the Board of Directors with a detailed drawing including dimensions, for prior approvalUpon approval, a permit from St. Lucie County must be obtained.

8. Construction material may not be stored on adjacent units or on the common ground unless written permission is submitted to the management company in advance. Construction sites must be kept free of debris and trash. Any damage to adjacent properties during construction must be restored to original condition. The owner of the property under construction is responsible of said damage.

Section 2

Renting and Leasing

1.In accordance with article 11 of the Declaration of Condominium for Windmill Village by the Sea Condominium No. 1, no unit owner may dispose of a unit or any interest in a unit by lease without approval of the Association, except to another unit owner. Before a unit may be leased, a written application must be provided to the Park Manager by the unit owner or agent 7 days in advance of occupancy. Such notice will include a tenant information sheet which will include an agreement by the proposed lessee(s) to abide by the rules and regulations of the association, and which will provide the association with the name of the proposed lessee(s), the number of people who are residing in the unit during the term of the lease, the number of pets being kept by the lessee(s), as well as reference information required by the tenant information form. A $50.00 application fee made payable to the association, will accompany the application.Failure of the owner and renter to comply with registration requirements will result in measures taken to remove the renter from Windmill Village, through intercession of law enforcement if necessary.

2.Florida state law requires only a licensed real estate broker or their employees may act as a rental agent.

3.An owner or rental agent will supply the renter with a copy of the “rules and regulations”, and ultimately responsible for compliance by renter.

4.Renters who do not adhere to the rules and regulations will be denied future rental privileges at Windmill Village.

5.A unit may not be rented or occupied by more then four (4) persons per unit with the exception of a unit owner’s family.

6.Subleasing is not permitted.

7.Only one “for sale” or “for rent” sign is permitted on a condominium lot. A standard real estate company or a private sign is allowed.

8.An owner who leases his unit relinquishes, for the term of the lease, all privileges and uses of the recreation center, bath houses, and common elements.

9.Maximum length of a lease will be one (1) year.

10.If the unit owner(s) of record are not occupying the unit and the occupants are not paying rent, they will be considered guest of the unit owner and will be required to complete a registration form.

11. Owners delinquent in excess of one quarter of assessments will not be allowed to lease property in Windmill Village by the Sea Condominium No. 1.

12. Occupants shall not commit, or permit on Windmill Village property, any nuisance, annoyance, immoral or illegal act which obstructs or interferes with the rights of others. Any three documented rule violations, including those that result in police intervention, shall result in lease termination and denial of future rental privileges.

Section 3

Vehicles and Parking

1.Speed limit is 10 mph on park streets.

2.All one-way and instructional signs must be obeyedby all vehicles.

3.Pedestrians will have the right-of-way.

4.Unlicensed automobiles, R.V.s, trailers, and unregistered boats are not permitted on a unit. Additional boats may not be stored on blocks anywhere on a unit or on the condominium property. All automobiles, R.V.s, trailers and watercraft must be maintained in good condition.

5.Only minor maintenance of owner’s boats, automobiles and motors requiring no more than8 continuoushours are permitted.

6.During hurricane season (June thru November) boats, trailers, jet skies, motorcycles, golf cart, must be substantially tied down.All objects that could become airborne must be substantially tied down or removed and stored inside.If this rule has not been followed and a storm warning for this area is activated, then the unit owner will be responsible for all charges the association incurred for securing their belongings.

7.Parking

a.Unit occupant’s vehicles including automobiles, motorcycles, boats, jet skies, and trailers must be parked on their concrete driveways.Golf carts may be parked on the driveway or on a concrete pad, (which may include pavers or brick work)

b.Vehicles of visitors may be parked in front of bath houses.

c.Service vehicles may park on the street when necessary.

d.Parking on empty lots requires owner’s written permission which must be filed with the association office.

e.Unit owners wishing to park anywhere other than on their own concrete driveway(s) must have written permission on file with management before parking elsewhere. In case of handicapped visitors, owners may “exchange” parking arrangements to accommodate the handicapped person or persons, (i.e. park their vehicles in guest parking and allow their visitors to park on their driveways).

f.R.V.s may park on the street for loading and unloading for up to six hours during the daylight hours. An R.V. may be parked for up to 48 hours in a driveway for loading and unloading.

g.Parking on lawns is not allowed.

h.Parked vehicles are not allowed to extend into the street.

i.Owners whose driveway extends past the front lot boundary to the common element street will be allowed to park in that space between the lot line and the street.

j.Vehicles used for work purposes must be kept neat and free of visible work equipment such as ladders, buckets, etc.

8.Vehicles, including bicycles and golf carts will have lights and reflectors when used after sundown.

9.A motor home, in addition to a P.M. or S.F.R. is allowed on a unit if it is used as a means of local transportation. Hookups are not permitted and occupancy is not permitted.

10. No person under 16 years of age will be allowed to operate any motorized vehicle unless accompanied by an adult.

Section 4

Landscaping

1.The park management, at the direction of the Board of Directors, may remove trees, plants or any object from the common element. Trees and plants placed on common elements become the property and responsibility of the condominium.

2.Trimming around curbing, stones and around plants are the responsibility of the unit owner.

3.Trimming next to skirting or the base of a structure is the owner’s responsibility unless adequate protection is provided to protect from damage by mowing contractors equipment. Vertical protection must be at least six (6) inches high or horizontal spacing must be at least six (6) inches wide.

4.All water irrigation systems shall have a back-flow valve installed in the system to prevent water from entering the condominium’s water distribution system.

1. Plants used as “living fences” must be not more than four (4) feet in height, properly trimmed and shall not encroach on a neighbor’s property.

Section 5

Pets

1. No animal or fowl will be kept or maintained on the unit except customary household pets (defined as dogs, cats, aquariums or birds) and then only on a leash when taken outdoors. Owners and renters will be allowed a maximum of two (2) pets per unit. All pet owners must observe leash and noise ordinances. For health and sanitary reasons all droppings must be picked up and disposed of immediately.The use ofyour neighbors unit as a dog walkis prohibited. There are designated walks to be used by pet owners.

2.Any pet determined by the Board of Directors of the association to cause a nuisance or unreasonable disturbance to other Windmill Village unit owner(s) will be permanently removed from the condominium property upon fourteen (14) days written notice to the pet owner form the Board of Directors. The decision of the Board of Directors that a pet constitutes a nuisance will be final.

Section 6

Docks

1.All docks, andlifts must be stand-alone with nothing attached to the seawall or seawall cap and the seawall cap must be left exposed for inspection and maintenance. Boat lifts and davits can only be attached to the catwalk (catwalks cannot be attached to the seawall). Docks, lifts and parked boats may not impede navigation or interfere with other unit owners’ ability to use the canal frontage.