In order to provide for congenial occupancy of the Condominium Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions and every Unit Owner shall:
18.1 Promptly pay the Assessments levied by the Association.
18.2 Maintain in a clean and sanitary manner and repair his Unit and all interior surfaces within or surrounding his Unit (such as the surfaces of the walls, ceilings, floors, etc.) whether or not a part of the Unit or Common Elements which are a part of the Unit, and maintain and repair the fixtures therein and pay for any utilities which are separately metered to his Unit.
18.3 Not use or permit the use of his Unit except for purposes consistent with the laws of government authorities having jurisdiction over the property.
18.4 Not permit or suffer anything to be done or kept in his Unit which would increase the insurance rates on his Unit or the Common Elements, or which will obstruct or interfere with the rights of other members or annoy them with unreasonable noises or otherwise; nor shall a member commit or permit any nuisance, immoral or illegal act in his Unit or on the Common Elements.
18.5 Conform to and abide by the By‐Laws and uniform rules and regulations in regard to the use of the Unit and Common Elements which may be adopied in writing from time to time by the Association, and to see that all persons using the Owner’s property, by, through or under him do likewise.
18.6 Make no alteration, decoration, repair, replacement or change of the Common Elements or to any outside or exterior portion of the building without the prior written consent of the Association.
18.7 Allow the Board of Administration or the authorized agents of the Association to enter any Unit during reasonable hours, when necessary for maintenance, repair or replacement of any Common Elements or of any portion of a Unit to be maintained by the Association pursuant to the Declaration or as necessary to prevent damage to the Common Elements or to another Unit or Units. If no key has been provided to the Association, then the expense of entry into a Unit far emergency purposes shall be borne by the Owner of the Unit.
18.8 Show no sign, advertisement or notice of any type on the Common Elements or his Unit, and erect no exterior antennas and aerials, except as provided in uniform regulations promulgated by the Association. Notwithstanding anything contained herein to the contrary, a Unit Owner is permitted to respectfully display a United States Flag.
18.9 Abide by any regulations regarding children as may be established by the Association, except that no regulations shall prohibit children from residing in or occupying a Unit.
18.10 Make no repairs to any plumbing, air conditioning systems or electrical wiring within a Unit, except by plumbers, repairmen or electricians authorized to do such work by the management of the Association. Plumbing, air conditioning and electrical repairs within a Unit shall be paid for and be the financial obligations of the Owner of the Unit. The Association shall pay for and be responsible for plumbing, air conditioning repairs and electrical wiring within the Common Elements. The Association shall have the right to exclude any unauthorized repairmen from the Condominium.
18.11 Return the “Condominium Parcel” for the purpose of ad valorem taxes to the respective taxing authorities having jurisdiction over them for separate Assessment against his Condominium Parcel. For the purposes of ad valorem taxation, the interest of the Owner of a “Condominium Parcel” in his “Condominium Unit” and in the “Common Elements” shall be considered as a Unit. The value of said Unit shall be equal to the proportion or percentage of the value of the entire Condominium, including land and improvements, as has been assigned to said Unit in Exhibit B of this Declaration. The total of all said proportions or percentages equals the value of all of the land and improvements thereon, plus the value of the Commercial Units and the Parking Units.
18.12 Use the parking space as provided herein.
18.13 Not replace and/or remove screens, jalousies or other enclosures on balconies, patios or terrace or on other parts of the building, even though such areas may be a part of the Unit, except with prior written approval of the Board of Administration.
18.14 Not extend, enclose or decorate in any way whatsoever balconies, patios or terraces without the prior written consent of the Board of Administration.
18.15 Except as otherwise provided herein, not divide or subdivide a Unit for purpose of sale or lease. Notwithstanding the foregoing, a Unit may be combined with a contiguous Unit and occupied as one dwelling Unit. Such a combination shall be for occupancy only and shall not be deemed an amendment to the Declaration. Further, any such combination shall not materially alter the configuration of a Unit.
18.16 Not hang any laundry, garments or other objects which are visible from outside of the Unit, except far draperies, blinds, shades, or other suitable window coverings. In addition, a unit owner may display one portable, removable United States flag in a respectful way. Decorative window coverings shall not include any type of reflective film on any glass windows or doors. The exterior appearance of all window coverings shall be white in color.
18.17 Not allow any rubbish, refuse, garbage or trash to accumulate in places other than the receptacles provided therefore, so that each Unit, the Common Elements and Limited Common Elements shall at all times remain in a clean and sanitary condition.
18.18 Not make any use of a Unit that violates any laws, ordinances or regulations of any governmental body having jurisdiction thereof.
18.19 Two (2) pets may be kept in a Unit, not including tropical fish or birds. No pet shall be allowed to commit a nuisance in any public portion of the Condominium building or grounds. The term “pet” shall be limited to dogs, cats, birds inside bird cages and tropical fish, provided that they are not kept, bred or raised therein for commercial purposes. All other animals are expressly forbidden unless otherwise allowed by the Association. Dogs may not be a pit bull, pit bull terrier or any other breed considered to be dangerous by the Board of Directors, in their sole and absolute discretion. Notwithstanding the foregoing, In addition, no venomous snakes or potbelly pigs shall be allowed on any of the Condominium Property, including Condominium Units. Animals belonging to Owners, occupants or their licensees, tenants or Invitees within the Property must be kept inside the living element of a Residential Unit (and shall not be left or located unattended on the Exclusive Use Balcony Area or Exclusive Use Patio Area of the Unit), and must be held by a person capable of controlling the animal when outside of a Unit. No pets are permitted in the lobby or pool areas, except when passing through to take pets for a walk outside the Condominium.
The Board shall have the right to require any pet which, in the Board’s opinion , endangers the health or security of any Owner or occupant of a Unit or creates a nuisance or unreasonable disturbance, be permanently removed from the Property upon seven (7) days written notice. If the Owner or occupant fails to do so, the Board may remove the pet. Any pet which, in the Board’s sole discretion, presents an immediate danger to the health, safety or property of any Owner or other Occupant of a Unit may be removed by the Board without prior notice to the pet’s owner. Furthermore, any Owner shall be liable to each and all remaining Occupants, their families, guests and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an Occupant or by members of his family, his tenants or his guests. It shall be the duty and responsibility of each such Owner to clean up after such animals, which have deposited droppings on any public street abutting or visible from the Property and properly dispose of any waste. Any Occupant who keeps or maintains any pet upon the Property shall be deemed to have indemnified and agreed to hold the Association, its directors, officers and agents, and the Developer free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Property.
(section wording as amended 26 August 2010)
18.20 The Board of Directors shall have the right to promulgate rules and regulations regarding soundproofing of floors in connection with the installation of floor coverings.
18.21 In order to provide for proper safety, food or beverages shall be consumed at the pool only in the area designated by the Association.
18.22 Pool chairs may not be removed from the pool deck.
18.23 All residents must provide proper identification to gain access to the pool
18.24 No parties may be held on the pool deck or other Common Element without the written approval of the Association.
18.25 No leases or rental arrangements for periods of less than thirty (30) days shall be entered into.
18.26 Other than the Developer and assuming that the Board of Administration has given its written approval, and as otherwise provided herein, Owners may not do any construction or renovation without written notification to the Association of the date of the proposed work at least seventy‐two (72) hours in advance. The Association may reasonably restrict the time and manner of construction, except as it relates to the Developer. Other than the Developer, Unit Owners must provide the Association with a $500.00 security deposit prior to commencing construction or renovation. Additionally, while the Developer maintains a construction dumpster on‐site, all Unit Owners constructing or renovating their Units must pay to the Developer a non‐refundable fee of up to $200.00 for use of the dumpster.
18.27 Other than the Developer, and assuming that the Board of Administration has given its written approval, Owners must provide copies of proper permits, licenses and insurance certificates and plans and specifications to the Association before commencing with work. Owners must use only properly licensed workers.
18.28 Other than the Developer, and assuming that the Board of Administration has given its written approval, all construction or renovation in Units may be done only on weekdays between the hours between 10:00 a.m. to 5:00 p.m.
18.29 Other than the Developer, contractors must reserve elevators to deliver materials to the Units.
18.30 Proper attire is required, including shirts and shoes, when walking through Common Elements.
18.31 No pets are permitted in the lobby, except to be taken for walks, or pool areas.
18.32 Owners and residents must deposit their trash in the trash chute located on each floor.
18.33 Owners must provide security with at least one set of keys to their Unit(s), in case of emergency.
18.34 All rental agreements must be sent to the office at least seven (7) days in advance of arrival of the lessee.
18.35 Noise and Vibration. No person shall produce, or allow to be produced, noise or building shaking vibration at such levels as will be offensive to other Occupants.
18.36 Toxic or Noxious Matter. No person shall discharge into the Property’s sewer system, storm drain or any toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, welfare, violate any law, subject any Owner or Occupant to liability under state and federal law for any clean‐up or cause injury or damage to neighboring property or business elsewhere on the Property.
18.37 Drainage. There shall be no interference with the established drainage pattern over the Property, unless an adequate alternative provision is made for proper drainage with the prior written approval of the Architectural Committee. For the purpose hereof, “established” drainage is defined as the drainage, which exists at the time of the first close of escrow for the sale of a Condominium, or that, which is shown on any plans approved by the Architectural Committee. Each Owner shall have the duty and obligation to maintain the drainage situated within any Exclusive Use Patio Area and/or Exclusive Use Balcony Area free of debris and any other material which may impede the flow of water and to clean such drainage, as may be necessary. No Owner shall dispose of any Hazardous Materials in any drains. If such Owner fails to maintain such drainage and, as a result, imminent danger or damage to person or property may result to the other Owners, then the Association shall have the right of access onto such area for the purpose of clearing debris and other material so as to not impede the flow of water. This right of access shall be exercised only for the purpose of preventing damage to persons and property and the Association shall use reasonable care so as to not cause any damage to such areas. The Owner shall reimburse the Association for any costs and expenses incurred in clearing such debris.
18.38 Handicapped Parking Spaces. Certain parking spaces in the Parking Garage will be designated for use by handicapped persons (“Handicapped Parking Spaces”) and will be designated as such on the Condominium Map. Such Handicapped Parking Spaces may be assigned by Developer to the Occupants of particular Residential Units upon the initial sale or lease of such Residential Units or may be designated for use by the Commercial Units. Developer shall, upon assigning a Handicapped Parking Space to an Occupant, designate such assignment in the records of the Association as a temporary assignment and not to be considered an appurtenance to the Unit. Such Handicapped Parking Spaces shall not be Exclusive Use Easements. If any Handicapped Parking Spaces remain unassigned after the sale or lease of all the Units in the Project, the Association shall have the right to assign and manage such spaces. The Owners who are assigned Handicapped Parking Spaces shall be subject to the rights of the Association to re‐assign such parking spaces. Evidence of handicapped status shall be by distinguishing license plate or placard issued by the Department of Motor Vehicles. The Association shall have the authority and be responsible for coordinating the assignment of parking spaces in the Parking Garage pursuant to this Section and shall adopt rules and regulations with respect thereto, including the procedure to be followed should an Occupant become handicapped and wish to use a Handicapped Parking Space, forms and methods of notice to be given to the Association and Occupant, and procedures for review of the required evidence of handicap status. The Association shall maintain appropriate records of such assignment, including a copy of the evidence provided. In no event shall the Developer or the Association be held liable if the Developer or the Association is unable to assign a Handicapped Parking Space to a handicapped Occupant because all designated Handicapped Parking Spaces have previously been assigned to other handicapped Occupants.
18.38 Each Commercial Unit, if any, shall be used only for such commercial or business purposes permitted by applicable zoning ordinance and use restrictions, provided such commercial or business activity does not constitute a nuisance, hazardous or offensive use, or threaten the security or safety of other residents of the Condominium, as may be determined in the reasonable discretion of the Board. Commercial Units may be owned and operated for business uses (and the Association and Residential Unit Owner shall have no right to object to such business uses), consistent with that certain Agreement for Development and Disposition of Property between the Developer and the Community Redevelopment Agency of the City of Clearwater, Florida dated February 17, 2004, including, without limitation, real estate sales and/or leasing offices, by the Developer or any successor in title to the Developer. Commercial Units may be sub‐divided or have the boundaries of the Commercial Units relocated by the Developer without the prior written consent of the Association. Notwithstanding the foregoing, no Commercial Unit shall be used for any of the following: cinema/movie theater, bowling alley, skating rink, amusement gallery, pool hall, massage parlor, adult bookstore or adult video store, business which sells pornographic material, video game room, industrial or manufacturing use, or amusement arcade. The Association shall pass no rule which affects the rights and use of Commercial Units without the consent of the Commercial Unit Owners or violates the terms of the foregoing Agreement.
18.39 The Developer shall be exempt from all provisions herein requiring the consent of the Association. Notwithstanding anything contained herein to the contrary, the Developer shall not be exempt from the following: (1) requirements that residential leases or lessees be approved by the Association; (2) restrictions on the presence of pets; (3) restrictions on occupancy of Units based on age; and (4) restrictions on the type of vehicles allowed to park on the Condominium Property or Association property; however, the Developer and its designees shall have the right to be exempt from any such parking restriction if the vehicle is engaged in any activity relating to construction, maintenance or marketing of Units.