RESIDENCES OF TURNBULL BAY RULES AND REGULATIONS …€¦ · TURNBULL BAY HOA, INC. RULES AND...
Transcript of RESIDENCES OF TURNBULL BAY RULES AND REGULATIONS …€¦ · TURNBULL BAY HOA, INC. RULES AND...
1 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
THE RESIDENCES AT TURNBULL BAY HOA, INC.
RULES AND REGULATIONS
2 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
Revised Rules and Regulations The Residences at Turnbull Bay Homeowners Association, Inc.
The following constitutes the Rules and Regulations as established by the Board of
Directors (BOD) of The Residences at Turnbull Bay Homeowners Association, Inc.
(hereinafter referred to as the “Association” or the “HOA”) pursuant to Article V,
Section A.5 of the Declaration of Covenants, Conditions and Restrictions for The
Residences at Turnbull Bay, recorded in the Public Records of Volusia County,
Florida (hereinafter referred to as the “Declaration”).
I. GENERAL POLICY: These Rules and Regulations are established pursuant
to the Declaration in order to promote enjoyment of the community by the
residents and to promote the value of homes in the community. The quality of
the community lifestyle depends on group effort and cooperation. Courteous,
common-sense consideration for others and sound citizenship practices are
key elements in maintaining the quality of life in the HOA neighborhood.
All residents must exercise appropriate restraint, moderation, tolerance and
consideration of others in terms of conduct and living habits and should
expect reciprocal consideration from all other residents. Where any
differences in opinion with regard to the meaning of these Rules and
Regulations may arise, the judgment of the BOD will constitute the
determinant assessment in any disputes that may arise in the administration
and enforcement of all Rules and Regulations.
The Declaration of Covenants, Conditions and Restrictions for The
Residences at Turnbull Bay and the Bylaws for The Residences at Turnbull
Bay Owners Association, Inc. contain restrictions related to the ownership of
Townhomes (hereinafter referred to as “homes”) and restrictions related to
occupancy of homes by residents of the HOA. These Rules and Regulations
serve to supplement those restrictions. Homeowners and residents are
required to observe all applicable restrictions and all the supplemental Rules
and Regulations. To help ensure full and knowledgeable compliance,
homeowners and residents should keep a copy of the Declaration, Bylaws,
these Rules and Regulations, and any other relevant communications from
the Association in a convenient location for future reference. For purposes of
these Rules and Regulations, any terms used herein shall have the same
meaning ascribed to such terms in the Declaration.
The term “common area” in these Rules and Regulations has the same
meaning and definition as it does in the Declaration. That is, the common
area includes all real and personal property now or hereafter owned by the
Association for the common use and enjoyment of the owners or otherwise
3 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
made available for the exclusive use and enjoyment of the owners. This
includes the cabana, pool and any real or personal property not specifically
deeded to, owned by, and for the exclusive use of any individual homeowner.
II. ENFORCEMENT: If any violation of the Declaration and/or Rules and
Regulations has not been remedied within ten (10) days after written notice
has been sent to the homeowner requesting that the violator cease and
desist, the Association may temporarily suspend the use of the pool and
cabana by the owner and by any residents in that owner’s home and by any
guests of that owner. Where repeated non-compliance occurs after due
notice, attorney assistance may be sought by the Association. The
homeowner or resident responsible for the violation may be assessed any
legal fees arising from any actions taken by the HOA in efforts to compel
compliance. Execution of enforcement actions will commence following a
single notice and opportunity for a hearing. However, without any additional
notice, any vehicles found to be in violation of Section XIII of these Rules and
Regulations shall be subject to immediate removal from the property at the
owner’s expense. Additional legal action may be brought against the violator
at the discretion of the Association.
ENFORCEMENT OF THESE RULES AND REGULATIONS IS CARRIED OUT BY
AND UNDER THE DIRECT SUPERVISION OF THE MANAGEMENT COMPANY
EMPLOYED BY THE ASSOCIATION ACTING IN ACCORDANCE WITH POLICIES
ADOPTED BY THE BOARD OF DIRECTORS, IN ACCORDANCE WITH THESE
RULES AND REGULATIONS AND IN ACCORDANCE WITH THE DECLARATION
AND ANY OTHER RELEVANT COMMUNITY DOCUMENTS.
III. GROUNDS CARE AND AESTHETICS:
A. Alteration of Grounds, Structures and Landscaping: ( see Exhibit B (ARC )
1. Improvements and alterations of any nature are governed by Article III
of the Declaration. Any homeowner or resident wishing to make any
addition, modification or alteration to the face of the buildings – including
patio, wall, signs, canopies, shutters or exterior alteration or addition of
any kind – which requires attachments of any kind, must first submit a
detailed plan to the Management Company, in writing, with a diagram
clearly describing the attachment or proposed alteration. All plans must
have Board of Directors approval prior to making any alterations,
additions or changes.
2. The Architectural Review Committee (ARC) form (Exhibit B) must be
used in connection with all submissions of plans for changes, additions or
alterations to the Management Company.
4 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
3 The Association may, upon notice to the homeowner, take action to
remove any unauthorized additions, modifications, or alterations at the
homeowner’s expense.
B. Damage to Resident Property and/or Common Area: Any damage or loss
incurred to the common area and including – but not limited to – damage or
loss with regard to any patios, building interiors, doors, sidewalks, curbs,
shrubs and grass caused by a homeowner, resident, agent, or guest of
homeowner, or others hired by an owner or resident are the sole responsibility
of that owner. The homeowner will be responsible for paying for any repair or
replacement activity necessary to fully repair and/or fully restore any such
damage or loss.
To ensure that proper and code-compliant procedures are followed with
regard to any work performed within the HOA, homeowners and residents
should employ only qualified contractors and must coordinate with HOA
Management when scheduling any electrical, plumbing or other work that
could impact the Common Area or other homeowners.
C. Clotheslines: Outside clotheslines or other outside facilities for drying or
airing clothing are strictly prohibited. In addition, hanging clothes or other
items anywhere outside of a home or outside of a garage for drying or airing-
out purposes is prohibited. This restriction includes patios.
D. Windows: All window treatments, draperies, blinds, shades, drapery
linings, valances or any functionally similar items visible from the exterior of
the home must be white, off-white, light beige or light grey on the exterior-
facing side and must be of suitable design, size and dimension – in both
height and width – to fully cover such window or door. In addition, any window
or door must be white, off-white, light beige or light grey on the exterior-facing
side and shall – as determined by the Association – be of appropriate design,
size and dimension in both height and width. In addition, nothing may be hung
or draped or otherwise affixed to the exterior of a window or door unless
specifically defined as acceptable in these Rules and Regulations and/or
unless such items are specifically approved by the Board of Directors.
Request for “solar screens “must be submitted on the ARC form, Exhibit B.
E. Patios: Residents must maintain patios in a clean, neat and orderly
condition and appearance. Towels, bathing suits, car covers, blankets, rugs
and any other items must not be draped over the patio railing/furniture or left
on or in any portion of the Common Area. Mops, brooms, buckets and any
other cleaning items – as well as ladders, tools, bicycles, tricycles and any
similar items – may not be stored on patios.
F. Decorative Items: The following items – and anything functionally similar to
them – are not allowed: Window stickers; stepping stones; wall plaques; items
5 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
attached to the exterior of a home or upon fences or windows; yard signs;
swing sets; basketball goals; laundry poles/clotheslines.
Any ground/landscape lights must be no more than 2 feet tall and must be
limited to the homeowner’s patios and flower/mulch beds but not installed in
grass areas.
Any statue, statuette, yard or lawn ornaments, artificial flowers or other
functionally similar items must be reasonably limited in number so as not to
present a cluttered or disorderly appearance and must be confined to the
homeowner’s patio and flower/mulch beds.
G. Satellite Dish: The Association recognizes that the Federal
Communications Commission permits the installation of a satellite dish which
is less than one (1) meter in diameter (3 feet, 3 inches). All requests for
installation of a “dish” must have Board approval prior to installation. No
installation will be allowed on any roof.
H. Holiday Decorations: Holiday lights and decorations are permitted and may
be placed in the Common Area and/or building exteriors provided no damage
is done to the Common Area, building, gutters, and stucco or to any other real
or personal property anywhere in the HOA neighborhood. Holiday lights and
decorations may not be displayed before Thanksgiving Day and must be
removed by no later than January 7th of the following year. Other holiday
decorations are permitted under the same general guidelines and may not be
displayed more than one week before or one week after the respective,
generally recognized Holiday.
I. The American Flag: The American flag may be flown or displayed at
anytime following normal and commonly accepted flag protocols.
J. Landscaping: ( see Exhibit B (ARC) )
1. Flowers or plants (ground cover) may be planted by a homeowner or
resident only in the homeowners existing mulch/planting beds. Flowers or
plants may not exceed a height of three feet when fully grown. Potted
plants are limited to a maximum of 6 pots. Maintenance of the flowers or
plants is the responsibility of the homeowner and dead flowers or plants
must be removed by the homeowner or resident. Any planting outside of
the existing beds is prohibited unless Board approved.
2. No bushes, shrubs or trees may be planted, transplanted or removed
without express Board of Directors approval. All plans to add or remove
bushes, shrubs or trees, mulch or plantings must be submitted to the
Management Company in writing, with a diagram clearly describing the
planned addition or removal activity. All plans must have BOD approval
prior to implementation.
6 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
Should any new tree, bush or shrub die (which was approved by the
Association and planted by the unit owner), the Association will notify the
unit owner that it they are responsible for its removal. If the landscaping
item is not removed within thirty (30) days after the notification to remove,
the Association will remove the dead landscaping and bill the unit owner
for the removal. The Association is responsible for determining whether
to replace the dead item on a case by case basis.
K. Littering: Trash, litter and cigarette butts may not be discarded in the
walkways, parking areas, at the cabana or in the pool area except in trash
cans. In addition, trash, litter and cigarette butts cannot be discarded or
stored on patios, or on any common area.
L. Storage: All personal property, such as toys, bicycles, tools, ladders,
equipment, etc., must be kept inside the respective owner/residents home or
garage.
M. Bulletin Boards: Bulletin boards may be placed in and/or upon the
common area (cabana) by the HOA Board of Directors with the primary
purpose of providing residents with general Association information.
Residents may use the bulletin board inside the cabana to post personal
information (moving sales, etc.). However, personal use of the bulletin board
inside the cabana should be appropriately limited and courteous. Personal
notices should be posted only for a short duration (maximum of one week),
should be legible, appropriate in content, dated and signed. The notice
should be limited in size to 81/2” x 11” and should be removed promptly upon
expiration of the applicable date or event. Personal notices may not be
posted on anything other than the bulletin board inside the cabana. HOA
bulletin boards may not be used to promote or advertise businesses or
commercial services. The BOD reserves the right to remove and/or prohibit
any notices or postings which it considers of inappropriate subject matter or
content.
IV. SAFETY, SANITATION AND RESIDENTS:
A. Common Area: Residents may not obstruct the common area –
including, but not limited to, the cabana, pool and pool area, sidewalks
and lawn areas – with equipment, furnishings, bicycles, toys, wood,
grills, boxes or any other objects of any kind. These areas may only be
used for the purpose of free access and for those purposes clearly
intended by design.
B. Trash: Trash containers may not be set out prior to 5:00 p.m. the day
preceding collection and trash containers must be picked up and
7 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
appropriately stored away by 9:00 p.m. the day of collection. Only trash
containers with lids are permitted for use in trash disposal. All trash for
collection must be set out at the main/public street, next to the curb, at
the end of the homeowner’s driveway. Trash containers, when not set
out for collection, must be kept inside the homeowner’s home or
garage. Homeowners and residents are responsible for prompt clean-
up of any trash spillage arising from any trash they placed out for
disposal.
C. Roommates: All roommates or guests of any homeowner or resident
are subject to the Declaration, Bylaws and Rules and Regulations of
the Association and any party entitled to occupancy of a home shall be
responsible for the actions of any roommates and/or guests in that
home.
V. Signs: All types of signs, for sale, for rent, garage sale, open house, or any
other type of signage are strictly prohibited. An “Open House” sign may be
displayed for a maximum period of six consecutive hours on the day of the
open house.
VI. Pool/Pool Deck/Cabana/Cabana Parking Lot:
Pool Rules and Regulations
1. THE POOL HOURS ARE 9 AM. UNTIL 9 PM. THE POOL WILL BE
HEATED AT THE DISCRETION OF THE MANAGEMENT. THE
ASSOCIATION DOES NOT PROVIDE A LIFEGUARD. THEREFORE, ALL
SWIMMING IS AT YOUR OWN RISK. FOR SAFETY PURPOSES, THE
POOL MUST BE CONSIDERED CLOSED AND NO ONE IS PERMITTED IN
THE WATER OR ON THE POOL DECK WHEN THERE IS THUNDER OR
LIGHTNING NEARBY
2. The pool is restricted for the exclusive use of homeowners (including
their tenants and guests) who are current in their assessment payments to the
Association. No homeowner (including their tenants and guests) will be
permitted to use the pool if they have a past due balance with the Association.
Cabana key cards will only be issued to those homeowners and their tenants
who comply with these Pool Rules and Regulations. The initial key card is
free, additional cards are available for $35.00 each.
3. House guests of a homeowner or tenant may use the pool in
accordance with the Pool Rules and Regulations. Non‐House Guests must be
accompanied by a homeowner or resident. In respect of the rights of other
residents and homeowners with regard to pool use, the number of guests
invited to the pool at any one time by any one homeowner or tenant must be
reasonably restricted.
8 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
4. Persons under the age of twelve (12) must be accompanied and
supervised by an adult.
5. Appropriate bathing attire must be worn while swimming. Infants must
also wear swimsuits, swim diapers and/or plastic swim pants. No uncovered
diapers are permitted in the pool water.
6. No glass bottles, glass containers or other breakable containers may
be brought into the pool or onto the pool deck area. All beverages must be in
non‐glass containers.
7. Diving, running, pushing, shoving, dunking, horse‐play and the like are
not permitted at any time in the cabana, pool or pool deck areas.
8. Pets are not permitted in the Cabana, Pool, and Pool Deck at any time.
9. Musical devices are permitted only if they are kept to reasonable
volumes and do not disturb other guests. Should any pool guest express
objections to any music being played by another guest, the music must be
turned off entirely so pool-goers may enjoy the pool in an undiminished way.
10. Lounge chairs are available on a first‐come, first‐serve basis and
cannot be reserved or saved for oneself or for others. However, a pool-user
may bring a pool-appropriate chair from home, if desired, provided that the
visitor takes such a personal chair from home with him/her upon leaving the
pool area.
11. All personal items must be removed upon leaving the pool. The
Association is not responsible for the loss of or damage to items lost or left at
the pool area or cabana.
12. All trash, cigarettes, cigarette butts, beverage cans and any other such
debris should be placed in the proper containers provided at the pool area.
13. It is everyone’s responsibility to help keep the cabana, pool, pool deck
and cabana restrooms clean. To avoid the need for additional restrictions, all
visitors must exercise consideration of others with regard to use of the pool
and cabana.
14. Appropriate conduct and considerate behavior is expected of all
visitors to the pool and cabana at all times.
15. The following are prohibited in the pool and pool area:
• Private pool parties
• Electrical devices
• Food or beverages while in the pool • Glass containers of any kind
9 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
THE RESIDENCES AT TURNBULL BAY HOA IS NOT RESPONSIBLE FOR ANY
ACCIDENTS OR INJURIES THAT MAY OCCUR AT THE POOL, POOL AREA OR
AT THE CABANA. THE RESIDENCES AT TURNBULL BAY HOA IS NOT
RESPONSIBLE FOR ANY PERSONAL PROPERTY THAT IS BROKEN, LEFT OR
LOST IN THE POOL, CABANA, AND POOL DECK AREA. PERSONS UNDER THE
AGE OF 12 USING THE POOL, CABANA AND POOL DECK AREA MUST BE
MONITORED AND UNDER THE CONTROL AND SUPERVISION OF AN ADULT
AT ALL TIMES. THE POOL, POOL DECK AND CABANA AREA PROVIDED BY
THE RESIDENCES AT TURNBULL BAY HOA IS FOR THE ENJOYMENT AND
PLEASURE OF ALL RESIDENTS. ALL POOL, POOL DECK AND CABANA USERS
ARE EXPECTED TO KEEP THESE FACILTIES CLEAN AND SAFE FOR THE
ENJOYMENT OF ALL RESIDENTS.
VII. Pets:
A. Owners’ Responsibility: The owner of a pet shall be directly
responsible for any damage, loss or inconvenience caused within the
community by his/her pet(s) and for controlling the behavior of his/her
pet(s). All pets must be cared for, maintained and properly licensed as
may be required by any applicable codes or ordinances of the State of
Florida, Volusia County Florida and the city of New Smyrna Beach,
Florida.
B. Leashes/Supervision/Confinement:
1. All pets shall be on a leash at all times.
2. Owners of pets shall be responsible for immediately and
properly removing and disposing of any droppings/waste
originating from their pets.
3. Pets are not permitted to roam free outside of homes. Pets must
be fed and watered inside the pet owners own residence only.
No food or water for animals may be placed on any patios or
front porches.
4. No pets may be staked or tied out of doors or left out on a patio.
In addition, no structure or pen for a pet may be built or kept on
any patio or on any portion of the common area.
C. Restrictions on Type and Number of Pets: Only those animals which
are permitted under the Declaration shall be permitted upon the
Property. No more than two (2) house pets may be kept in any
residence. Only generally recognized house pets (i.e., dog, cat, etc.)
can be kept by homeowners and residents as pets anywhere in the
10 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
HOA neighborhood. No potentially dangerous (as determined by the
BOD) or unlawfully owned, held or confined animal may be brought
onto or kept anywhere in the HOA neighborhood.
D. Nuisance:
1. All barking, noise and odors must be kept under control and/or
properly mitigated by the responsible homeowner or resident so
as not to disturb other residents and so as not to constitute a
nuisance to the community as determined by the Board of
Directors.
2. An owner or resident shall remove or control, as required by the
Board, any pet judged by the BOD to be a nuisance.
VIII. GARAGES/PARKING/MOVING:
A. Garages. Except when work is taking place in a garage and except
when vehicles are entering or exiting a garage, garage doors are to be
kept closed. Garage doors are not to be left open unnecessarily for
extended periods or on a continual basis.
B. Parking:
1. No vehicle may be parked in the Cabana parking area for more
that twelve (12) consecutive hours. Vehicles parked in the
Cabana area for more than the allowed time are subject to
towing at the vehicle owners expense.
2. In accordance with the restrictions defined in the Declaration, no
vehicles may park on a street right of way overnight or for a
continuous period in excess of five consecutive hours within the
Association neighborhood.
No boats, canoes, jet skis, kayaks or other water craft (whether
standing alone or mounted on a vehicle or trailer), boat trailers,
trailers of any kind (either with or without wheels), mobile
homes, motor homes, trucks larger than a typical/non-modified
pickup, truck campers, campers, camper trailers, tractors,
tractor trailers, travel trailers, any vehicle clearly designated for
commercial use or with commercial writings on their exteriors,
motorcycles, motorized bicycles, motorized go-carts or golf
carts may be parked on any homeowners or residents driveway
overnight. Other vehicles used for recreation (e.g., van
conversions, RV’s, etc.) which are not garage-able, are not
permitted to park anywhere in the common area. Commercial
moving vans (when conducting business only) and commercial
11 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
trucks (when in the area to perform service or repair work only)
are authorized exceptions to this Rule
Inoperable vehicles (e.g., those with flat tires, expired license
tags, etc.) or vehicles which cannot be identified as belonging to
a homeowner or resident which are parked in any driveway
overnight may be towed off the premises at the vehicle owner’s
expense. No repair work may be undertaken on vehicles
anywhere in the HOA neighborhood except for short-term
emergency work or repairs of a minor nature (e.g., flat tire,
battery charge, etc.).
3. The following vehicles are also prohibited within the HOA
neighborhood and Property and no such vehicle may be kept,
placed, stored, maintained or operated anywhere in the
neighborhood or upon any HOA Property: Abandoned vehicles,
vehicles which are dismantled, partially dismantled, inoperative,
discarded, unlicensed and any vehicle which has an expired
license plate. Car and truck covers may not be used on
vehicles.
Such vehicles are subject to towing at the vehicle owners
expense.
Homeowners, residents and any visitors/guests may not park
any vehicle in any manner which blocks (partially or totally) the
sidewalk or driveway or that blocks ingress/egress to any
garage. The restriction against parking one’s vehicle(s) so as to
block ingress/egress to any garage does not apply to the
homeowner’s or resident’s own garage or to the garage of a
home being visited by a guest to that home.
C. Towing: The Association is expressly authorized to remove – by
immediately towing, without notice, and at the expense of the vehicle
owner – any unlawful or restricted vehicle in violation of the
Declaration, Bylaws or these Rules and Regulations of the Community.
D. Moving: All moving into or out of a home shall be done between the
hours of 8:00 a.m. and 10:00 p.m. Driveways and parking areas within
the Association neighborhood are private, limited in size and may not
accommodate large trucks. Therefore, all homeowners and residents
must take necessary precautions in order to avoid causing damage to
any portion of the HOA Property and to avoid inconveniencing any
other homeowner or resident. The homeowner is responsible for any
and all damages to any portion of the HOA Property by any party
12 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
involved in the moving process and will be responsible for the costs
attendant to repairing, replacing and/or mitigating any and all such
damages, breakage or loss.
IX. NUISANCE/DISTURBANCE/SOLICITATION:
A. Nuisances: Owners, residents or guests of any owner or resident may
not engage in actions within a home or on any portion of the Common Area in
such a way as to unreasonably annoy, embarrass, bring discomfort to other
homeowners or residents, or create in any way a nuisance. All owners,
residents and their guests must refrain from engaging in any actions or in
making use of any individual home or of the common area which could result
in the cancellation of insurance carried by the Association or which is in
violation of any public law, governmental code or regulation. Nothing herein
shall be construed to affect the rights of an aggrieved homeowner to seek
relief from interference with his/her property or personal rights.
B. Noise Disturbances: Noises and/or sounds resulting from any
activities, televisions, radios, stereos, musical instruments, pets or from any
other noise source must be kept at low enough volume to not disturb other
residents. Any noises or sounds coming from one home which can be clearly
heard by other homeowners or residents shall constitute noise of an
unacceptably high volume and will, therefore, constitute a violation of these
Rules and Regulations. Volume of any and all activities and noise arising from
any and all sources should be minimized each day after 10:00 p.m. An
exception to this restriction in noise volume is for noise arising from workmen
engaging in appropriate work at a residence during normal daytime working
hours.
C. Solicitation: Solicitation by commercial enterprises or by individuals is
not authorized anywhere within the HOA neighborhood.
X. CABANA RESERVATION:
A. Use of Cabana: The Cabana must be kept locked at all times. All those
who park bicycles, tri-cycles or scooters at the cabana should use the
cycle rack located at the front of the cabana which is designed for this
purpose. No bicycles, tri-cycles, scooters (or any other form of non-
motorized or motorized travel vehicles) may be parked or stored inside
the cabana or along the fence surrounding the pool and pool deck
area. Handicapped vehicles are exempt from this provision.
B. Cabana Reservation:
1. In the event that a unit owner wishes to reserve the cabana for
a function or event (hereinafter referred to as the “cabana
function”), the owner must first obtain approval of the
13 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
Association, in writing, at least five (5) days in advance of the
cabana function. In order to use the cabana, an owner will need
to execute a cabana reservation form and rules (attached
hereto as “Exhibit A”) which is available through the
Management Company. A license fee, cleaning fee and security
deposit may be charged by the Association for any cabana
function. Any homeowner who uses the cabana for a cabana
function is responsible for the repair or replacement of any and
all damage or breakage to any portion of the cabana which
occurs as a result of the cabana function. The homeowner is
also responsible to ensure that the cabana is properly cleaned
after the completion of the cabana function and that the
Management Company or the designated Association
representative has been alerted so that the cabana can be
timely inspected to ensure it has been cleaned acceptably. The
use of the cabana is restricted to homeowners, resident-
sponsored events and Association-sponsored events. The
cabana is not available for use by outside entities or individuals
who are not owners. The cabana reservation should be
completed and routed through the HOA management company.
2. The following additional rules apply to the use of the cabana:
a. A $200.00 refundable deposit is required and a $50.00
use fee may be required. Reservations are granted on a first
request basis.
b. Unsupervised parties for persons under the age of 18 are
prohibited.
c. The resident will have exclusive use of the cabana only.
Access to the pool by others not participating in the cabana
event must be maintained and permitted. The use of the ladies
and men’s rest room must also be permitted. The guests of the
resident at the cabana event may not use the pool. The pool
may not be reserved by anyone at any time. No party items will
be furnished by the Association.
d. The homeowner is responsible for all clean-up and trash
removal. Clean-up must be done immediately after the party.
e. Costs to repair damages or loss to the cabana or
anything in the cabana as well as the cost of any follow-up
cleaning that must be done by the Association following the
cabana event will be deducted from the deposit. If the deposit
is insufficient to cover the cost of cleaning and/or repair, the
14 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
homeowner will be billed for – and must pay – the balance
due.
XI. SALES AND LEASING:
A. The Residences at Turnbull Bay Documents: Any sale or lease within
the Property must comply with all the relevant Community Documents
and Declaration. The minimum lease/rental period for a home is (3)
three months. Each owner who sells or leases their home shall provide
a copy of the Declaration, Bylaws and Rules and Regulations of the
Association to each lessee or purchaser prior to the closing of the sale
or the commencement of a lease.
B. Filing of a Lease: The owner or leasing agent is responsible for
providing HOA Management with a copy of the lease prior to the
commencement of the lease period and for providing tenant contact
information (name, phone and cell phone number) prior to
commencement of the lease period. The owner is responsible for
assuring that the leasing person(s) complies with the Declaration and
the Rules and Regulations of the Association. The owner or leasing
agent must also provide the Association manager with a signed
acknowledgement that the leasing person (s) have read and
understand the Rules and Regulations of the Community.
C. Suspension of Use of Common Area: In the event that the Association
suspends the rights of a homeowner to use the common area of the
Community (including use of the pool and cabana, etc), such
suspension shall also apply to any and all tenants and guests of the
homeowner for the entire period of the suspension.
15 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
EXHIBIT “A”
The RESIDENCES AT TURNBULL BAY Cabana Use License Agreement
Date of Reservation: __________________ Time: _______________Unit No____________ Name: _____________________________ Home Phone: (____) _____________________ Address: ___________________________ Office Phone: ____) _____________________ Owner/Resident License Agreement: I have read The Residences at Turnbull Bay Cabana Rules, which are attached to this document, and agree to abide by them. I fully understand that any costs incurred or penalties assessed by Association through the use of these facilities by me and/or my guests shall first be deducted from the deposit and any additional balance due shall be paid by me upon presentation of a statement. IT IS OWNER’S RESPONSIBILITY TO CLEAN UP FACILITY IMMEDIATELY AFTER USAGE IN ORDER TO RECEIVE THE DEPOSIT BACK. PURPOSE:______________________________________________ TIME REQUESTED:_______________________________________ (There is a maximum use time of four hours with a permitted two hour set up time). Cabana closes at 10:00 p.m. daily. The pool and ladies and men’s restrooms are not included in this agreement and must be available to others during this event. _________________________________________________________________________ Deposit required: $200.00 Fee required: $ 50.00 Separate checks for $200 & $50 should be made payable to:
The Residences at Turnbull Bay Association, Inc. Mail this signed license agreement and two (2) checks to: ATTN: Association Manager
Residences at Turnbull Bay
391 South Timberlane Drive
New Smyrna Beach, FL 32168
Office: (386) 402-8739
Email: [email protected] _________________________________________________________________________
16 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
For Association Use Only: Date Deposit Check Returned to Owner ________________ Results of Cabana Inspection: ______________________________________ _______________________________________________________________________
17 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
Use License Acknowledgement
Name ______________________________________________
Street Address ______________________________________________
Phone Number ______________________________________________
Cell Number ______________________________________________
E-Mail ______________________________________________
I have received a copy and agree to abide by the Rules and Regulations of the
Residences of Turnbull Bay.
OWNER ____________________________________
(Please sign and print name)
Spouse or significant other __________________________________
(Please sign and print name)
18 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
The Residences of Turnbull Bay
Cabana Rules
CABANA:
Use of Cabana: The Cabana must be kept locked at all times. All those who
park bicycles, tri-cycles or scooters at the cabana should use the cycle rack
located at the front of the cabana which is designed for this purpose. No
bicycles, tri-cycles, scooters (or any other form of non-motorized or motorized
travel vehicles) may be parked or stored inside the cabana or along the fence
surrounding the pool and pool deck area.
CABANA USE:
In the event that a unit owner wishes to reserve the cabana for a function or
event (hereinafter referred to as the “cabana function”), the owner must first
obtain approval of the Association, in writing, at least five (5) days in advance
of the cabana function. In order to use the cabana, an owner will need to
execute a cabana reservation form and agreement which is available through
the Management Company. A use fee, cleaning fee and security deposit may
be charged by the Association for any cabana function. Any homeowner who
uses the cabana for a cabana function is responsible for the repair or
replacement of any and all damage or breakage to any portion of the cabana
which occurs as a result of the cabana function. The homeowner is also
responsible to ensure that the cabana is properly cleaned after the completion
of the cabana function and that the Management Company or the designated
Association representative has been alerted so that the cabana can be timely
inspected to ensure it has been cleaned acceptably. The use of the cabana is
restricted to homeowners, resident-sponsored events and Association-
sponsored events. The cabana is not available for use by outside entities or
individuals who are not owners. The cabana reservation should be completed
and routed through the HOA management company.
The following additional rules apply to the use of the cabana:
FEES:
A $200.00 refundable deposit is required and a $50.00 use fee may be
required. Reservations are granted on a first request basis.
RESTRICTIONS:
Unsupervised parties for persons under the age of 18 are prohibited.
The resident will have exclusive use of the cabana only. Access to the pool by
others not participating in the cabana event must be maintained and
19 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
permitted. The ladies and men’s rest room must be available to other during
this event. The guests of the resident at the cabana event may not use the
pool. The pool may not be reserved by anyone at any time. No party items will
be furnished by the Association.
The homeowner or resident is responsible for all clean-up and trash removal.
Clean-up must be done immediately after the party.
All cost to repair damages or loss to the cabana or anything in the cabana as
well as the cost of any follow-up cleaning that must be done by the
Association following the cabana event will be deducted from the deposit. If
the deposit is insufficient to cover the cost of cleaning and/or repair the
homeowner will be billed for – and must pay – the balance due.
20 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
EXHIBIT “B”
THE RESIDENCES AT TURNBULL BAY
ARCHITECTURAL REVIEW COMMITTEE/BOARD OF DIRECTORS
PHYSICAL MODIFICATION APPLICATION
Date received by HOA management and/or BOD: _________________________
Lot No: ________ Street Address: _____________________________________
Owner Name: __________________ Phone No: __________________________
Address: __________________________________________________________
City: ______________________________State: _________ Zip: _____________
Contractor:
Name: _______________________________ Phone No: ___________________
Company: _____________________________Phone No: ___________________
Address: __________________________________________________________
City: ____________________________ State: _____________ Zip: ___________
Registered Professional: (if required)
Name: _______________________________ Phone No: ___________________
Company: _____________________________Phone No: ___________________
Address: __________________________________________________________
City: _____________________________State: _____________ Zip: ___________
DATE: [ ] Approved [ ] Disapproved by ARC or BOD _______________________
_______________________
Mail or e mail to:
THE RESIDENCES AT TURNBULL BAY
391 South Timberlane Drive
New Smyrna Beach, FL 32168
Office: (386) 402-8739
Email: [email protected]
21 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
SPECIFIC COLORS, MATERIALS AND FINISHES: (SEE ARC/BOD
APPROVED STANDARDS BELOW)
THE RESIDENCES AT TURNBULL BAY – APPROVED
STANDARDS/GUIDELINES
Storm/Screen Door Addition. The following storm/screen door is approved
by the ARC. Specifications: 36” x 80”, finish-white, reversible handle
hardware – nickel, screen included, and be functionally equivalent to the
Anderson door previously approved for some HOA Units in terms of quality,
function, durability and appearance (see picture of Anderson Model 3TSN-
36WH, below).
Solar screens need approval of the Board.
Figure 1 - Andersen Model 3TSN-36WH or equivalent. Figure 2 – Installed storm door
Patio Additions: Patio size and location is limited to the boundaries of the
deeded/owned portion of the unit and must conform to any city codes with
regard to size, location and any requirements for set-back from the Unit’s
property line. The patio must not impede access to and use of any easements
provided to the HOA for maintenances purposes. Bricks and pavers are to be
used in construction of patios that meet both industry standards and the HOA
community’s past practices and protocols for appearance, durability, function
and quality. The colors of the materials used must match or be appropriately
complimentary (according to the industry standards and community past
practices and protocols) of the homeowner’s unit’s colors. Patios are only
22 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
permitted off the side and back (non-street sides) of Units. No alterations
such as patios are permitted on the front (street side) of the Units.
Seating Wall. The only additional structure permitted in connection with
construction of the patio is a seating wall. Such a seating wall must be no
more than 30” high, must have an access point (cannot be contiguous), and
must comply with industry standards in terms of relative size, quality,
durability, appearance and function.
Figure 3. Seating Wall – (Example shown: Design by Allphases Fence & Pavers, NSB)
23 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
Second Story French Door Replacement. Any replacement window –
installed as a substitution/replacement for the second story French door found
in some Units – must include a glass area closely approximating (i.e., no less
than 80%)of that found on the French door that is being replaced. The window
is to be white in color and contain grids. The black railing outside the French
doors must be reinstalled over new windows. The final result (any necessary
framing as well as the window itself) should - in function, quality durability and
appearance - be essentially equivalent to the other large windows in the unit.
The replacement window must have the same multi-panel design as the other,
already-existing windows.
Figure 4 – Original French Doors Figure 5 – Approved window replacement
Please describe nature of work and all unique architectural features and
materials:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
24 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
RIGHT OF INSPECTION:
The property owner or contractor acting as the owner’s agent grants to the
ARC, the HOA’s Management Company and/or BOD the right to inspect the
construction site and property for compliance with the Approved Plans. These
inspections will be made at a time and on a schedule convenient to the ARC,
Management Company and/or BOD. Inspections will not be considered a
trespass.
INDEMNITY AND RESPONSIBILITY CLAUSE:
The property owner, contractor and registered professional, does hereby
indemnify the ARC, the BOD, the HOA’s Management Company and The
Residences at Turnbull Bay Homeowners Association and/or its assigns from
any and all liability arising from the approval or disapproval of these plans. By
your signature below, you acknowledge that you have read, understand and
will abide by the Covenants and Restrictions of The Residences at Turnbull
Bay Homeowners Association, as their interest may appear as well as the
provisions of this application.
_______________________________
Owner
___________________________ ________________________________
Contractor Registered Professional
___________________________
Date
25 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
THE RESIDENCES AT TURNBULL BAY ARCHITECTURAL REVIEW
COMMITTEE/BOARD OF DIRECTOR’S MODIFICATION APPLICATION
GENERAL PROCEDURES
This application shall be used when seeking approval for changes to an
existing structure on the property, such as changing doors and/or window
replacement, adding/replacement of pavers/concrete pad or wall to patio
areas, changes to landscaping including, but not limited to
adding/removing flower beds, tree removal/additions; modification to
irrigation system.
Changes to the existing elevations of the ground effecting drainage of the
property require this application. Replacement of like for like required by
repairs and routine maintenance do not require an application.
The property owner, contractor, registered professional and other interested
parties should familiarize themselves with all DEED RESTRICTIONS,
EASEMENTS, COVENANTS AND RESTRICTIONS REGULATIONS, ETC.,
which apply to and affect the modifications proposed for the property.
All completed applications must be submitted to the management office prior
to any modification commencing. An incomplete application or withholding
requested information can result in no action on the application or a delay in
its approval.
Pertinent information shall consist of a complete application (specifically pages
1, 2 and 3), a set of plans/or drawings depicting proposed modification to the
structure(s) and landscape plans depicting modification and existing
conditions to elevation affecting drainage of the property all as applicable.
The ARC or BOD will be provided with an exact copy of the permit application
package which will be submitted to the City and it is these plans which will be
considered for approval or denial by the ARC or BOD.
All contractors must be qualified and licensed in the County of Volusia and the
State of Florida, and must carry at least $1,000,000 in Liability Insurance and
required Workers Compensation Insurance.
26 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016
SPECIFIC REQUIREMENTS FOR APPLICATION
Materials shall conform to all Covenants and Restrictions. Submit samples to
be used on all exterior surfaces indicating manufacturer, identification code
number and color. Clearly indicate where each paint sample will be used.
Provide brick or stone sample, if appropriate. Submit manufacturer’s
brochure(s) specifying material, color and dimensions.
Landscaping Plan (If Applicable):
Plans should reflect all natural and improved landscaping as well as any man
made features such as swales, walls, etc. Sufficient elevations shall be shown
to indicate that the direction of flow does not adversely affect neighboring
properties.
A plant list and legend must be shown on the plan to identify all trees, shrubs
and plans by name, size quantity and location, including all sodded areas.
CONSTRUCTION RESTRICTIONS:
Construction hours are from 8 AM to 6 PM, Monday through Friday. Saturday
hours are 8 AM to 4 PM. Construction or any job site work is prohibited on
Sundays and Holidays.
No loud music, offensive language or activities will be permitted on the job
site. The contractor or his representative is responsible for compliance with
this provision.
Construction equipment, material and personnel access to the site is limited to
the use of vehicular roads only. Use of or encroachment on adjoining property
is prohibited except with the written permission of the adjoining property
owner.
Dumping of any material anywhere in The Residences at Turnbull Bay
community is prohibited.
A trash or refuse container will be in place and used at the job site and
removed at the end of the work day. The site will be regularly policed for
loose trash.
No contractor signs are permitted on the worksite.
27 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016