Download - RESIDENCES OF TURNBULL BAY RULES AND REGULATIONS …€¦ · TURNBULL BAY HOA, INC. RULES AND REGULATIONS . 2 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016 Revised Rules

1 | P a g e ADOPTED MARCH 9, 2016, EFFECTIVE APRIL 1, 2016

THE RESIDENCES AT TURNBULL BAY HOA, INC.

RULES AND REGULATIONS


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


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.


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


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.


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


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.


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


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


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


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


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


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


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.


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] _________________________________________________________________________


For Association Use Only: Date Deposit Check Returned to Owner ________________ Results of Cabana Inspection: ______________________________________ _______________________________________________________________________


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)


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


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.


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]

mailto:[email protected]


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


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)


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:

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________


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


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.


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.