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STRADA 315 CONDOMINIUM ASSOCIATION
RULES AND REGULATIONS FOR STRADA315, A CONDOMINIUM ASSOCIATIONThe definitions contained in the Declaration of Condominium of Strada 315, a Condominium ("Declaration") are incorporated herein as part of these Rules and Regulations.
1. The walkways, entrances, halls, corridors, stairways and ramps shall not be obstructed or used for any purpose other than ingress and egress to and from the Building and the other portions of the Condominium Property.
2. The exterior of the Units and all other areas appurtenant to a Unit shall not be painted, decorated or modified by any Unit Owner in any manner without the prior written consent of the Association by its Board, which consent may be withheld on purely aesthetic grounds within the sole discretion of the Board. All draperies, curtains, shades or other window or door coverings installed within a Residential Unit which are visible from the exterior of the Residential Unit or other portions of the Condominium Property shall have a white or beige backing unless otherwise approved in writing by the Board. The Commercial Units located in the northeast corner of the Condominium Property that abut against the Residential Lobby must keep all window treatments closed so that the interiors of these Commercial Units are not visible from the Residential Lobby.
3. No article shall be hung or shaken from the doors, windows or Terraces of the Units or placed upon the outside window sills of the Units without the prior consent of the Board.
4. No personal articles shall be allowed to stand on any portion of the Common Elements, other than Terraces.
5. No Unit Owner shall make or permit any noises that will disturb or annoy the occupants of any of the Units or do or permit anything to be done which will interfere with the rights, comfort or convenience of other Unit Owners.
6. Each Unit Owner shall keep his or her Unit in a good state of preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown from the doors or windows thereof, or from any Terrace, any dirt or other substance.
7. Each Unit Owner who plans to be absent from his or her Unit during the hurricane season must prepare his or her Unit prior to his or her departure by:
(a) Removing all furniture, potted plants and other movable objects from his or her Terrace,
(b) Designating a responsible firm or individual satisfactory to the Association to care for his or her Unit should the Unit suffer hurricane damage. Such firm or individual shall contact the Association for clearance to install or remove hurricane shutters.
8. No rubbish, trash, garbage, refuse, or other waste material shall be kept or permitted on the Condominium Property, except in sanitary, self-locking containers stored inside a Unit and kept in a clean and sanitary condition, and no odor shall be permitted to arise there from so as to render the Condominium Property or any portion thereof unsanitary, offensive, detrimental or a nuisance to Unit Owners or to any other property in the vicinity thereof or to its occupants. All garbage, trash, refuse or rubbish shall be properly contained and placed for collection in a trash chute or dumpster, as applicable. No clothing or other household items shall be hung, dried, or aired in such a way as to be visible from within the Condominium Property. No dead plants shall be kept on any Terrace. No stripped vehicles, lumber or other building materials, grass, tree clippings, metals, scrap, automobile pieces or parts, refuse, or trash shall be stored or allowed to accumulate on any portion of the Condominium Property (except when accumulated during construction by Developer, during construction approved by the Association, or when accumulated by the Association for imminent pick-up and discard).
9. Water closets and other water apparatus in the Units or at the pool shall not be used for any purpose other than those for which they were constructed. Any damage resulting from misuse of any water closets or other apparatus shall be paid for by the Unit Owner responsible for same.
10. No Unit Owner shall request or cause any employee or the Association shall have approved agent of the Association to do any private business of any Unit Owner, unless authorized by in writing by the Association.
11. The agents and employees of the Association and any contractor or workman authorized by the Association may enter any Unit at any reasonable hour of the day for the purpose permitted under the terms of the Condominium Documents. Entry will be made by prearrangement with the Unit Owner, except under circumstances deemed an emergency by the Association or the manager, if any, in which case access is deemed permitted regardless of the hour.
12. No vehicle or other possessions belonging to a Unit Owner or to a member of the family or guest, employee, customer, invitee or lessee of a Unit Owner shall be positioned in such manner as to impede or prevent ready access to another Unit Owner's Parking Space. The Unit Owners, their family members, guests, invitees, employees, customer, and lessees will obey the parking regulations posted in the parking areas and drives, and any other traffic regulations promulgated in the future, for the safety, comfort and convenience of the Unit Owners.
13. Except in an emergency, a Unit Owner shall not cause or permit the blowing of any horn from any vehicle of which he or she, his or her family members , guest, invitees, employees or lessees shall be occupants.
14. No Unit Owner shall use or permit to be brought into the Unit any flammable oils or fluids, such as gasoline, kerosene, naphtha or benzene, or other explosives or articles deemed extra hazardous to life, limb or property
15. For other than one- and two-family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overheating portion, or within 10ft (3m) of any structure.
16. The Association may retain a pass key to each Unit. If a Unit Owner alters any Lock or installs a new lock on any door leading into his or her Unit, such Unit Owner shall provide the Association with a key for the use of the Association and the Board.
17. Any damage to the Condominium Property or equipment of the Association caused by any Unit Owner, family member, guest, employee, customer, invitee or lessee shall be repaired or replaced at the expense of such Unit Owner.
18. Each Unit Owner shall be held responsible for the actions of his or her family members, guest, employees, customers, invitees and lessees.
19. The number of persons occupying a Residential Unit shall not exceed two (2) persons per bedroom in total. Occupancy is defined to mean staying overnight in a Residential Unit more that thirty (30) days in a six (6)-month period will and must be added to the current/ New lease and must be approved by the Unit Owner & the Board in which a ($100.00) dollar application fee per adult added to the lease will be paid to the Association to check criminal background and credit, The application must be completed and returned to the Management Office and approved by the Board. unless the Board has deemed otherwise.
20. Food and beverage may not be prepared or consumed except in the Unit or on a Terrace or in such other areas as may from time to time be designated by the Board.
21. Complaints regarding the management of the condominium Property or regarding actions of other Unit Owners shall be made in writing to the Association.
22. A Residential Unit Owner (with the exception of Developer, for so long as Developer is a Residential Unit Owner) shall show no sign, advertisement or notice of any type on the Common Elements or in or upon his or her Residential Unit so as to be visible from the Common Elements, or any public way, except as may be previously and specifically approved in writing by the Board. A Commercial Unit Owner shall have the right to display signs and advertisements on The Common Elements and upon his or her Commercial Unit, subject to the sign specifications listed on Exhibit “F” of the Declaration. No sign shall be placed by a Commercial Unit on the Common Elements without the approval of the Association. Developer specifically reserves the right to place and maintain identifying or informational signs on the Condominium Property as well as any signs in connection with its sales activities as long as Developer is selling Units in the ordinary course of business.
23. Under no circumstances may any exotic pets, such as birds or snakes and other reptiles or any breed of dog commonly knows as a “Pit Bull” or any aggressive dog be permitted on any portion of the Condominium Property. A “Pit Bull” is defined as any dog that is an America Pit Bull Terrier, American Staffordshire terrier. Staffordshire bull terrier, or any
dog displaying a majority of the physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the America Kennel Club or United Kennel Club for any of the above breeds. Residential Unit Owners must carry their pets when inside the Residential Lobby of the Building. No pet shall be tied outside of any Unit or any Terrace unless someone is present in the Unit. A Unit Owner shall immediately pick up and remove any solid waste deposited by his or her pet. The Unit Owner shall indemnify the Association and hold it harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal in the Condominium. If a dog or any other animal becomes obnoxious to the Unit Owners by barking or otherwise, the owner thereof must cause the problem to be corrected; or , if it is not corrected, the pet owner, upon written notice by the Association will be required to permanently remove the animal from the premises. The Association will promulgate rules and regulations from time to time designating other rules as necessary to regulate pets.
24. No clothesline or other similar device shall be allowed on any portion of the Common Elements.
25. No boats, boat trailers, recreational vehicles, house trailers, motor homes or go-carts shall be placed, parked or stored within the Condominium Property, provided, however, any vehicle kept on the Condominium Property must be able to fit within a Parking space. No maintenance or repair shall be done upon or to any such vehicles. The Association shall have the right to authorize the towing away of any vehicle in violation of these Rules and Regulations with the cost to be borne by the owner of the vehicle or by the violator.
26. A Unit Owner shall not install any screen door, roll-ups, storm shutters, awnings, hardware or the like without the prior written approval of the Board as to design and color and, in any event, Board approval shall not be granted unless such items substantially conform to the architectural design of the Building and the design of any of such items which have been previously installed at the time Board approval is requested. Board approval, however, does not and shall not be construed to constitute approval or conformance with the County or city building codes. It shall be the responsibility of each Unit Owner to check with all applicable governmental and quasi-governmental agencies and to obtain the appropriate permits prior to installation of any of the foregoing items. No hurricane shutters may be installed without the prior written consent of the Association, which consent may not be unreasonably withheld. If the installation of hurricane shutters is made which does not conforms to the specifications approved by the Association, then the hurricane shutters will be made to conform by the Association at the Unit Owner’s expense or they shall be removed.
27. No solicitation for any purpose shall be allowed without the prior written consent of the Board, which consent may be withheld at the Board’s sole discretion; provided, however, the Board shall not unreasonably restrict any Unit Owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in the Common Elements.
28. With respect to all Residential Units located on the eight through twenty first (8th through 21st) floors (there is no 13th floor) of the building, all carpeted floor must be covered with a pad of a minimum weight designated by the Association. Installation of hard-surfaced floor coverings, other than those installed by Developer, such as tile, marble, wood, and line, in any portion of the Unit (or Limited Common Elements appurtenant thereto), must first be submitted to and approved by the Board, and if approved, must meet all sound insulation standards established by the Board from time to time, and also meet all applicable structural requirements. Further, the Board will have the right to specify the exact material (s) to be used for sound insulation purposes. The installation of any improvement or heavy object, including any large tree or plant on a Terrace must be submitted to and approved by the Board, and be compatible with the overall structural design of the Building. The Board may require a structural engineer to review certain of the proposed improvements, with such review to be at the Unit Owner’s expense. Additionally, the Board will have the right to specify the exact material to be used on terraces and, in that regard; indoor/ outdoor carpeting shall not be permitted on Terraces. Unit Owners will be held strictly liable for violations of these restrictions and for all damages resulting there from and the Association has the right to require immediate removal of violations. Each Unit Owner, by acceptance of the deed or other conveyance of his or her Unit, hereby acknowledges and agrees that sound transmission in a building such as the Condominium is very difficult to control, and that the noises from adjoining or nearby Units and/or mechanical equipment can often be heard in another Unit. Developer does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the condominium Property, and each Unit Owner hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission.
29. ALL PERSONS USING THE POOL AND ANY OTHER RECREATIONAL FACILITIES DO SO AT THEIR OWN RISK.
30. The swimming pool shall be closed from dusk to dawn and may only be used from dawn to dusk.
31. The fitness center may be used between the hours of 6:00 a.m. And 10:00 p.m. 32. Glass bottles or glass containers shall not be permitted in the pool area.
33. The pool and pool terrace are to be left in clean condition for the mutual benefit of all.
34. Chairs, tables and lounges in the pool area may not be taken to any other areas.
35. The procedure for enforcing these Rules and Regulations shall be as follows:
(a) First Offense (1st Notice)
When the Association becomes aware of noncompliance of a rule or regulation By a Unit Owner, family member, guest, employee, customer, invitee or lessee, it shall send a certified letter to the Unit Owner advising him or her of the rule which he or she has been accused of violating and warning that strict compliance with these Rules and Regulations will be required. Each day on which a violation occurs shall be deemed to be a separate offense.
(b) Seconds Offense (2nd Notice)
If a second report is made that a violation has been repeated or has continued beyond the time specified within the first notice, the Board, after verifying the violation, may authorize a fine to be levied upon the unit Owner. The fine for a Second offense may not exceed the maximum amount permitted by the Act. Notice of a second violation shall be sent to the Unit Owner by certified mail.
(c) Third Offense (3rd Notice)
If a third report is made that a violation has been repeated or has continued beyond the time specified within the seconds notice, the Unit Owner may be charged a fine in an amount not to exceed the maximum amount permitted by the Act, following verification of the violation by the board.
(d) Fourth Offense
For repeated offenses or in any case where the board deems it appropriate, the Board may seek injunctive relief through court action. In addition, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed the amount set forth in Section 718.303(3) of the Act.
(e) Exemptions
Any Unit Owner may appear before the Association to seek an exemption from or variance in the applicability of any given rule or regulation as it relates to said person on grounds of undue hardship or other special circumstances.
36. Before levying a fine against a Unit Owner for failure to abide by any provision of the Declaration, the Bylaws or these Rules and Regulations, the Board shall:
(a) Afford the Unit Owner against whom the fine is sought to be levied an opportunity for hearing before a committee of other Unit Owners (“Committee”) appointed by the Board after reasonable notice of not less than fourteen (14) days. Said notice shall include;
(i) A statement of the date, time and place of the hearing;
(ii) A Statement of the provisions of the Declaration, Bylaws or Rules and Regulations which have allegedly been violated; and
(iii) A short and plain statement of the matters asserted by the Association.
(b) Provided and opportunity to the Unit Owner against whom the fine may be levied to respond, present evidence and provide written and oral argument to the Board and the Committee on all issues involved and shall have an opportunity to review, challenge and respond to any other material considered by the Association.
If the Committee does not agree with the fine, the fine may not be levied.
37. Any consent or approval given under these rules and Regulations by the Association shall be revocable at any time by the Board.
38. The Unit Owners should refer to the Occupancy and Use Restrictions contained in Article 14 of the Declaration, which are binding upon all Unit Owners.
39. These Rules and Regulations may be modified or repealed at any rime by the Association.
40. Notice of meetings of the Unit Owners and the Board shall be posted (at a location to be designated by the Board) at least fourteen (14) continues days preceding such meeting.
41. With regard to meetings of the Board and meetings of the Members (collectively referred to herein as “Meetings”), the following rules shall apply: (a) THE RIGHT OF THE UNIT OWNERS TO SPEAK AT MEETINGS A Unit Owner shall have the right to speak at a Meeting provided the Association has received a written request at least 24 hours in advanced of the schedule meeting. The following restrictions shall apply:
(1) The Unit Owner may speak at the start of the Meeting. The vote of the Board or the Members, as applicable, will
not be taken until the Unit owner has spoken.
(2) The Unit Owner may speak for no longer than three (3) minutes, unless the Board votes at the Meeting to extend the time allotted to the Unit Owner.
(3) The Unit Owner may speak only on matters specifically designated on the agenda.
(4) The Unit Owner may speak only once at a Meeting. (b) THE RIGHT OF UNIT OWNERS TO TAPE OR VIDEOTAPE MEETINGS
A Unit Owner shall have the right to tape record or videotape a Meeting provided the Association has received a written request at least 24 hours in advance of the schedule Meeting.
The Following Conditions shall Apply:
(1) The audio and/or video equipment and devices must not produce distracting sound or light emissions, nor may such equipment and devices require the use of electrical outlets.
(2) The audio and/or video equipment must be assembled and placed in position in advance of the scheduled time for the commencement of the Meeting. Equipment may not be placed on the table where the Board is seated, a front row seat will be reserved for the Unit Owners and tripod may be set up, but only at a height which does not obstruct the line of sight from other seats in the meeting room.
(3) The Unit Owner videotaping or recording the Meeting shall not be permitted to move about the meeting room in order to facilitate the recording.
By: Resolution of the Board of Directors of Strada 315 Condominium Association, Inc
END OF ABOVE SECTION
RESOLUTION
OF THE BOARD OF DIRECTORS
OF STRADA 315 CONDOMINIUM ASSOCIATION, INC. ("ASSOCIATION")
WHEREAS, the Declaration of Condominium of Strada 315, a Condominium ("Declaration") provides, in Section 14.7. that the Board may, from time to time and by unanimous vote, promulgate rules and regulations with respect to the Condominium as the Board determines to be in the best interest of the Condominium and the Unit Owners: and
WHEREAS, the Articles of Incorporation of Strada 315 Condominium Association, Inc. provides, at Article III(C)(I), that the Association has the power to make, establish and enforce reasonable rules and regulations governing the use of the Condominium Property (including the Units and the Common Elements); and
WHEREAS, the Bylaws of the Strada 315 Condominium Association, Inc. provide, at Section 8, that the Board may adopt rules and regulations or amend or rescind existing rules and regulations for the operation and use of the Condominium and
WHEREAS, the Association is responsible for managing the Common Elements and ensuring that the Unit Owners have an equal right to use of same, consistent with the provisions of the governing documents; and
WHEREAS, the Declaration provided in Section 5.4.6, that all but nine(9) of the parking spaces on the first level of the garage are available for valet parking for guest of the Residential units after 5:00 p.m. Monday through Friday and all day Saturday and Sunday; and
WHEREAS, the Declaration provided, in Section 5.4.6, that each Residential Unit shall be assigned one (1) Residential Parking Space as a Limited Common Element reserved for that Unit Owner's exclusive use (with certain exceptions provide); and
WHEREAS, it has come to the attention of the Board of Directors that Residential Unit Owners/Residents are presenting unapproved permanent residents as guest in order to appropriate parking spaces reserved for the use of approved Occupants; and
WHEREAS, such misrepresentation impedes the proper use of the parking spaces by guests of the Residential Units;
NOW, THEREFORE, be it resolved that the Board of Directors approves the following amendments to the Rules and Regulations as follows, effective as of November_____, 2016: 19. The number of persons occupying a Residential a Residential Unit shall not exceed two (20) persons per bedroom in total. An Occupant is defined as any person staying overnight in a Residential Unit more that thirty (30) days in a six (6) - period, or staying overnight in a Residential Unit more than fourteen (14) consecutive days in any twelve (12) month period. Any new Occupant or a Residential Unit being leased to a tenant must be added to the existing lease, and must be approved by the Unit Owner & the Board, consistent with the provisions of Article 16 of the Declaration of Condominium. The Association may charge a one ($100.00) dollar application fee per adult Occupant added to the lease in order to perform a criminal background and/or credit check, unless said new Occupant is a spouse or dependent child of the existing tenant, in which event no application fee shall be charged. The application must be completed and returned to the Management Office and the Occupant/s must be approved by the Board in order to continue overnight occupancy of the Residential Unit.
42. Only authorized residents may park behind the gates on the second floor, and only vehicles registered with the Association may be parked behind the gates. No unapproved Occupant or guest may park in any spaces located in the secured parking area behind gates on the second floor. No Occupant of a Residential Unit may park in any space other than the space or spaces assigned to that Residential Unit, whether the vehicle is parked by valet, or otherwise.
END OF ABOVE SECTION STRADA 315 CONDOMINIUM ASSOCIATION, INC.
DOG POLICY AND PROCEDURESWHEREAS, the Board of Directors (the"Board") of STRADA 315 CONDOMINIUM ASSOCIATION, INC,. a Florida not-for-profit corporation (the "Association) has the authority to enact reasonable rules and policies regarding provisions of the Association's governing documents and administration of the condominium association governed by the Association.
WHEREAS, the Declaration of Condominium of Strada 315 (the "Declaration")provides certain restrictions concerning pets, and more specifically, dogs and cats, permitted to be maintained by residents of the Association. The Declaration permits the Board to adopt additional rules and regulations regarding pets from time to time.
WHEREAS, Section 14.5 of the Declaration provides, in part except as provided under the rules and regulations promulgated by the Association from time to time, a Unit Owner shall not keep, raise or breed any pet or other animal, livestock or poultry upon any portion of the Condominium Property, except that Residential Unit Owners may keep fish and up to two (2) pets, being limited to dog(s) and/or cats). However, under no circumstance may any exotic pets, such as birds or snakes and other reptiles or any breed of dog commonly known as a "Pit Bull or any aggressive dog be permitted on any portion of the Condominium Property...
WHEREAS, the Board hereby resolves to clarify the Association's animal rules and to adopt additional rules and regulations regarding dogs, ni order to clarify the Declaration for the residents of the Association. Specifically, the Board desires to clarify: (1) that only unit owners and their immediate family members may keep pets, and that, other than for existing tenants with existing pets (as detailed below), no tenant may keep any pet, (2) which breeds of dogs are considered dangerous and prohibited from entering the property governed by the Association, (3) weight limitations for dogs, (4) actions that will result in a dog being deemed a nuisance, and (5) procedures for registering dogs with the Association.
WHEREAS, at a duly called and noticed meeting of the Board on Narrate adopted the following: Now, therefore, the Board resolves as follows: Notwithstanding any provision to the contrary in any governing document of the Association, including without limitation, the language set forth in rule #23 of the Rules and Regulations for Strada 315, a Condominium Association, all pets must be leashed at all times when outside of the Unit, and all pets must either be carried through the common areas or calmly walked on a short leash while in full control of the owner. The following is hereby added to the Rules and Regulations for Strada 315, a Condominium Association, as a new rule #44:
44. Additional Pet Rules.
(1) Owners Only. Only Unit Owners and their immediate family members residing in the Unit may maintain pets, any such pets must comply with all applicable provisions of the Declaration and the Rules and Regulations of the Association, as same may be amended or restated from time to time.
(2) Notwithstanding the foregoing restriction, the Board recognizes that some tenants, prior to the date of this resolution, may have purchased/obtained pets. For such tenants, the tenants may petition the Board for a limited exception to the prohibition on tenants having pets, to permit the previously purchased or obtained pet to continue to reside within the tenant's unit for the duration of the tenant's lease (including all renewals/extensions of same) or the pet's natural life. Any such exception shall be granted or withheld in the reasonable discretion of the Board and the owner of the pet shall be required to indemnify, defend and hold harmless the Association for any injuries or damages which may be caused by the pet. The Association may also require proof of insurance in an amount sufficient to cover the tenant's indemnification obligations.
(2) Dangerous Breeds. In order to protect the residents of the Association, and pursuant to its power granted by Section 14.5 of the Declaration, the Association hereby notifies all residents of the Association that the following breeds of dog are considered dangerous and are prohibited from entering, visiting or residing within the area governed by the Association and any unit governed by the Association: (a) Pit Bull (including American Pit Bull Terrier, American Stafford-shire Terrier, Stafford-shire Bull Terrier). (b) Rottweiler, (c) Doberan Pinscher, (d) Presa Canario (i.e. canary dog), (e) Mastiff (including English Mastiff, Bull-mastiff, Tibetan Mastiff, Neapolitan Mastiff, French Mastiff), (f) German Shepherd, (g) Husky, (h) Malamute,(i) Chow Chow,() Great Dane, (k) S.t Bernard, (1) Wolf mix, (m) Akita, (n) Bernese, (o) Karelian Bear, (p) Rhodesian Ridge-back, (g) Russo-European Laika, (r) Mixed Dangerous Breeds (as hereinafter defined), and (s) such other breeds that the Board determines to be dangerous.
The breeds listed above are the common names for breeds. Any dog which is referred to as being a member of one of the above breeds, regardless of whether or not the dog would be deemed to be a pure-bred member of such breed by the American Kennel Club or the Kennel Club of the United Kingdom, shall be prohibited from entering the property governed by the Association, residing ni any unit or visiting any unit. Additionally, any dog which is considered a Mixed Dangerous Breed shall also be prohibited from entering the property governed by the Association, residing in any unit, or visiting unit. As used herein, "Mixed Dangerous Breed" shall mean any dog which displays a majority of the physical traits of any one (1) or more of the above listed breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or Kennel Club of the United Kingdom for any of the above breeds.
Notwithstanding the foregoing restrictions, the Board recognizes that some residents, prior to the date of this resolution, may have purchased/obtained dogs which are now considered Dangerous Breeds. In such event, the residents may petition the Board for a limited exception to this policy, to permit the previously purchased or obtained dog to continue to reside within the resident's unit for the duration of its natural life. Any such exception shall be granted or withheld ni the reasonable discretion of the Board and the owner of the dog shall be required to indemnify, defend and hold harmless the Association for any injuries or damages which may be caused by the dog. The Association may also require proof of insurance in an amount sufficient to cover the resident's indemnification obligations.
(3) Weight Limitations, In order to protect the residents of the Association, and pursuant to its power granted by Section 14.5 of the Declaration, the Association hereby notifies all residents of the Association that all dogs over fifty pounds and no/ounces (50.00 lbs.) (each an "Overweight Dog") are considered dangerous and are prohibited from entering, visiting or residing within the area governed by the Association and any unit governed by the Association. Regardless of a dog's weight when the owner first obtains such dog, if the dog later exceeds the fifty pounds and no/ounces (50.00 lbs.) limit, the dog then will be considered an Overweight Dog. in the event such dog's weight fluctuates and later returns to a weight lower than the fifty pounds and no/ounces (50.00 lbs.) limit, the dog's classification as an Overweight Dog will be removed, so long as the dog remains below the fifty pounds and no/ounces (50.00 lbs.) limit.
Notwithstanding the foregoing restrictions, the Board recognizes that some residents, prior to the date of this resolution, may have purchased/obtained dogs which are now considered an Overweight Dog. In such event, the residents may petition the Board f o r a limited exception to this policy, to permit the previously purchased or obtained dog to continue to reside within the resident's unit for the duration of its natural life. Any such exception shall be granted or withheld in the reasonable discretion of the Board and the owner of the dog shall be required to indemnify, defend and hold harmless the Association for any injuries or damages which may be caused by the dog. The Association may also require proof of insurance in an amount sufficient to cover the resident's indemnification obligations.
(4)Nuisance. Any dog that is found by the Board to have committed any of the following acts shall be deemed a nuisance and shall be prohibited from entering the property governed by the Association, residing in any unit, or visiting any unit:
(a) attacking a human;
(b) acting aggressively towards a human; and/or
(c) attacking another dog or pet within the Association, which the Board deems to be evidence that the attacking dog has a propensity for violence. The Board recognizes that the natural tendency of dogs may be to interact with other dogs and animals by growling, barking, snapping or minor biting. Not every interaction which results in a growl, bark, snap or minor bite will be deemed to be a nuisance. Any such incident should be reported to Broward County Animal Services and, if necessary, the Fort Lauderdale Police Department. In the event an owner is concerned that an incident violates this policy, after reporting the incident to Broward County Animal Services and, fi necessary, the Fort Lauderdale Police Department. the incident should also be reported to the Association's Property Manager. The Board will review serious incidents on a case by case basis.
(5) Procedures for registrering dogs with the Association. In order to protect the health and safety of all residents within the grounds governed by the Association, all owners, residents and guests must comply with the following procedures:
(a) If a prospective owner desires to maintain a pet within the Association, the prospective owner must submit an application for approval of the animal to the Association. A form of the application is available from the Association's Property Manager. The pet shall not enter the property governed by the Association(including the unit of the applicant) until such time as the pet owner receives written approval from the Association.
(b) If a current owner desires to maintain a pet within the Association, the owner must submit an application for approval of the animal to the Association. A form of the application is available from the Association's Property Manager. The pet shall not enter the property governed by the Association (including the unit of the applicant) until such time as the pet owner receives written approval from the Association.
(c) The Association shall review completed applications to determine whether or not the proposed pet is permitted or prohibited from residing within or entering the property governed by the Association. In reviewing an application, the Association shall attempt to determine whether the pet is deemed dangerous, over the weight limitation, or a nuisance pursuant of this policy. Additionally, in reviewing or denying a proposed animal, the Association may review such other factors as the Board deems relevant. The Association shall provide a written approval or rejection within thirty (30) days of submittal of the application. In the event the Association does not respond within such thirty (30) day period, the application shall be deemed to be disapproved and the pet shall not enter or reside within a Unit.
A COPY OF THIS RULES AND REGULATIONS WILL BE MADE AVAILABLE FOR YOU TO SIGN IN YOUR STATUS PORTAL .