PORTSVIEW AT THE WATERWAYS CONDOMINIUM I RULES, REGULATIONS, PROCEDURES AND OTHER IMPORTANT INFORMATION
(Includes selected provisions from Portsview at the Waterways Condominium I Declaration of Condominium and Bylaws)
March 2010
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Preamble We, the Board of Directors of Portsview at the Waterways Condominium Association, acting on behalf of the unit owners (henceforth referred to as owners), do hereby set forth the following rules for the Portsview building which may be amended or changed from time to time. We establish these rules to help ensure that we all have full enjoyment of our homes, and to enhance the safety, convenience and appearance of our property. We do so in the hope and expectation that these regulations will further the neighborliness and spirit of cooperation that support our community. These rules and regulations are designed to supplement the restrictions and covenants contained within the condominium documents, and are authorized by the bylaws and set forth in accordance with F.S. 178.112(3) (a). Access: All residents must use their access cards or fobs when entering the lobby through the main entry doors. Failure to use an access card or fob will require the resident to sign in and show ID at the concierge desk. Every resident shall allow the Association or its representative to enter any unit, after proper notification, for the purpose of maintenance, inspection, repair or replacement if any common elements, or to determine, in the case of emergency, circumstances threatening units, limited common elements or common elements. Therefore, it shall be the responsibility of every owner to provide a key for the unit to the management office for use in the event of an emergency. In the event of an emergency, and without access by key, the door may be forced. The owner will be responsible for any damages necessitated by the unavailability of a key. Air Conditioners: No unit owner shall install or permit to be installed any window mounted or through-the-wall-mounted air conditioner. Alarms: No alarm system or other sounding device shall be installed on the premises without prior approval from the Management Office. All alarms, including auto alarms, must be equipped with a cut off device to shut off alarm after three minutes. Antennas: No television, radio or any other type of antenna or satellite dish shall be installed, attached or erected on the exterior of the building. With written approval from the Board of Directors, a digital satellite system antenna may be placed on the terrace providing proper application is made and such placement conforms to standards established by the Board of Directors. Architectural Modifications: No changes affecting the external appearance of the building are permitted. Any modifications or alterations done within a unit must be approved by the Board of Directors in writing. It is the intention of this provision to insure the structural integrity of the building and to maintain all proper safety and utility services standards. It is not necessary to obtain approval for minor modifications done within a unit that will not impact in any way on a contiguous unit, the building structure, the common elements or the limited common elements. It is 2
the unit owner’s responsibility to insure that all contractors performing work on the premises obtain City of Aventura permits and hold appropriate licenses and carry required insurance. Forms and documents available in the manager’s office must be completed and submitted along with a $1,000.00 refundable deposit payable by unit owner prior to commencing any work in the unit. The Association will not be held responsible for any damages resulting from work performed on behalf of an owner. Barbecues: No fire or grills are allowed on the terraces or common elements. The Board of Directors may approve the use of a barbecue for a community party on the common elements. Bicycles: Bicycles may be stored in the bicycle storage room. Each unit may gain access only by requesting the key from the lobby concierge. Bicycles must be transported through the service entrance and corridor and on the service elevator. They are not permitted in the lobby and may not be stored on the common elements or limited common elements except in front of the assigned car space or other designated area in the garage. All bicycles must display an identification label attached to the crossbar. Labels may be obtained in the management office. Bulletin Board: A bulletin board for residents’ use together with stated regulations regarding postings is located in the mail room. Children Supervision: Children under the age of 12 must be supervised by a parent or responsible adult at all times when congregating in the lobby, corridors, public rooms or outside common areas. They are not permitted to play in the hallways, stairways, elevators, lobby or garage. Rollerblading or skateboarding is prohibited. They are the responsibility of their parent, guardian or other designated adult and must comply with all rules and regulations of the Association. Clothes Lines: No clothesline or structures for drying clothing outdoors are permitted. No garments, rugs or other objects may be hung from windows, balconies, terraces or fences on the property. Committees: The Portsview Advisory Committee (P.A.C.) consisting of the Chairman, appointed by the Board of Directors, and the chairmen of the standing committees, is the main mechanism by which the considered judgment of the Portsview owners and residents are transmitted to the Board of Directors. The P.A.C. shall meet regularly; the time and place of each meeting shall be posted at least 4 days prior to each meeting and all owners and residents are invited to participate. The P.A.C. shall appoint the chairman and members of all standing and special committees and shall periodically review the work of each committee. The P.A.C. may expand the number of committees, consolidate committees or eliminate some. Final approval of all P.A.C. appointments rests with the Board of Directors. At the present time the standing committees consist of:
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1. The Social Committee is responsible for organizing or encouraging social activities among the residents. 2. The Review Committee is responsible for reviewing, interviewing and approving all prospective owners and tenants. The Board of Directors may assign an ad hoc committee or task force from time to time for a particular purpose when necessary. Common Areas and Limited Common Areas: 1. Only Portsview residents and their guests may use the common facilities. Owners are liable for any damage to common elements caused by them, their family members, guests or tenants. 2. Cigarettes or trash should be discarded only in the appropriate containers. 3. Residents should use the sidewalks rather than the planted areas. 4. Powered cycles and carts (except for handicapped) are not permitted on the sidewalks. 5. No bicycles, toys, doormats or other property should be left on the sidewalks, in the corridors or elsewhere on the common elements. Corridors and the outside of unit entry doors are common elements and as such, no items may be placed or displayed on or about the area without the written approval of the manager. 6. Personal or commercial signs or notices of any type are not permitted to be posted. This includes but is not limited to FOR SALE signs on units or vehicles, OPEN HOUSE signs, etc. 7. No plantings may be permitted by private individuals on common property without the consent of the Board of Directors. 8. Limited common elements shall include terraces or balconies serving only one unit. These limited elements are reserved for the use of the units to which they are appurtenant. The appearance of the terraces and balconies affects the appearance of the building as a whole, and storage of items that adversely affect the general appearance of the building is not allowed. Any expense of maintenance, repair or replacement of these limited common elements shall be the owner’s responsibility. 9. Assigned parking spaces are limited common elements and may not be used to store personal items, with the exception of bicycles and folding shopping carts. 10. The lobby may be used for brief periods as a suitable place for receiving guests, waiting for transportation, assembling for departure, etc. It is not an extension of the residents living quarters and should not be used as such. Contractors: Carpentry, carpet laying, construction hammering, etc. can be done from 8 AM to 5 PM Monday through Saturday (provided arrangement with the management office has been made). Such activities are prohibited on Sundays and National Holidays. Damage to Condominium Property: A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property if such damage is caused by intentional conduct, negligence or failure to comply with the terms of the declaration or the rules of the association. This includes damage caused by a unit owner, members of his or her family, unit occupants, tenants, guests or invitees as set forth in FS 718.111(11). Deliveries and Moving:
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Furniture and freight deliveries are permitted from 8 AM to 5 PM, Monday through Friday, and from 8 AM to 1 PM on Saturday, or in an emergency, by special arrangement with management. No freight or furniture deliveries will be accepted on Sundays or on National Holidays. All deliveries and moving operations must be made through the receiving area and on the service elevator. Delivery of small packages (UPS, FedEx, etc.) food, medical items, flowers, U.S. Mail, and items that can be hand carried may be made through the lobby entrance. Similar rules apply to moving in or out of the building. A security deposit of two hundred and fifty dollars ($250.00) is required prior to moving out. The deposit is refundable subject to inspection of the service entrance, hallways, service elevator, etc. Residents are responsible for all damage to the building caused by delivery or moving personnel and will be assessed for the cost of repairs. An additional fee of $125.00 is required for moving in or out of the building to cover the cost of a security guard to monitor the moving operation. Moving dates must be scheduled and coordinated with the Management Office in advance, where prior booking of the service elevator may be made and the security deposit left. The movers will be given access to the service elevator after posting driver’s license and identification with the lobby guard. This will allow them to maintain the elevator door “open� while loading and unloading. Residents and or their agents are liable for any damage to common elements over and above the security deposit. The delivery entrance cannot accommodate trailer trucks over 35 feet and consequently, they will not be permitted on the property. Dress: Appropriate cover-ups must be worn over swimwear while in the lobby, elevators or hallways. Shoes or similar footwear must be worn in the public areas of the building. Elevators: Emergency intercoms are located in each elevator. Children should be instructed properly in the use of the elevator control panels. Small children may not ride in elevators unattended by adults. Only the service elevator should be used for freight, furniture, commercial deliveries and service equipment. Shopping, valet carts and pets must use the service elevator except when it is not available. Emergencies: (Personal): In the event of a personal emergency, should it become necessary for you to phone an ambulance, police or fire department, it would be advisable to follow-up by notifying either the front gate or the front desk as well. The emergency personnel can be directed to the correct building and unit number without delay. Security personnel have been instructed in how to act in the event of an emergency. The front desk is equipped with a defibrillator and desk personnel have been trained in its proper use. In a medical emergency, call 911 and next call the front desk. Exercise/Fitness Room Regulations: 1. The exercise room is available to all residents of Portsview and their overnight guests. 2. Residents and overnight guests between the ages of 14 and 16 may use the equipment under direct adult supervision only. 3. No food or beverages are allowed except for water. 4. Children under the age of 14 are not permitted in the room. 5
5. 6. 7. 8. 9.
No glass containers are permitted in the room. Equipment should be wiped down after use. The use of equipment should be limited to 30 minutes when someone is waiting to use it. Personal trainers may accompany a resident when invited, but they may not solicit clients. Refer to posted regulations.
Fines: Fines are permitted by the Condominium Documents and by applicable Florida Statutes and may be levied for violation of the Association by-laws, Rules or Regulations. An ad hoc committee will be appointed by the Board of Directors to consider the violation(s) or complaint and may, after convening a hearing, recommend levying a fine in accordance with Florida law. Fire Emergency Procedures: When Fire or smoke is detected: 1. Sound the fire alarm at the nearest pull station. Know where yours is located. 2. Call the fire department by dialing “911�. Use a land-line phone when possible 3. Notify building security at your lobby concierge desk (305-935-5892). Do not evacuate the building without fire department authorization. Our building is fire proof. The fire department will assume building control upon arrival. Listen for announcements. Be sure to give the Management Office and the concierge at the desk in the lobby name(s) and unit number of any handicapped residents who will require assistance in the event of an emergency evacuation. The list will be available to the fire department upon their arrival. Flammable Material: No flammable fluid, such as gasoline, kerosene, carbon tetra-chloride, naphtha, benzene, etc. or explosives, fireworks or other hazardous materials may be brought into or stored within the building storage rooms or anywhere else within the common areas of the condominium without prior notification and a written approval from the Board of Directors. Floor Coverings: Hard floor coverings will be permitted only in kitchens, bathrooms and entry foyers. All other areas within the apartment must receive appropriate sound absorbent floor coverings such as carpeting. Written approval by the Board of Directors is necessary prior to any installation of hard floor coverings along with the prerequisite sound proofing in any location inside the unit. Due to its corrosive effect, carpeting may not be used on the terraces. Guests: Guests are entitled to use all of the facilities normally available to residents. For purposes of clarification, and to further protect residents against intruders, a guest is defined as (1) a person who is received and hosted by a resident or (2) a visitor who occupies a unit overnight or longer with the permission of the resident. Visitors (guests) who are staying overnight or longer in a unit as guests of a resident are entitled to use all of the facilities in the same manner as a resident. Guests visiting for a shorter time (not overnight) may not use 6
the common area or limited common area facilities, except guest parking, unless accompanied by the resident. Any resident may authorize the admittance of other persons to the property in the resident’s absence by registering that person(s) with the Management Office. A list of authorized persons will be maintained at the outside security gate and with the lobby concierge. Any such person(s) must properly identify themselves and have their own key to the unit. Such authorization does not include use of common elements or limited common areas of the property except guest parking unless the person is residing in the unit. Hurricane Preparation: Hurricane season is June 1st through November 30th. Owners who are absent during this period should remove all furniture and other moveable objects from the terrace, patio and balcony. Owners should designate a responsible individual or licensed firm known to the Management Office to care for any damage suffered in a hurricane. Residents who are present when hurricane watches and warnings are issued should also remove items, as above, from the terrace, patio and balcony. They should evacuate the premises when ordered, turning off air conditioning units, and not return to the premises until the authorities have announced that it is safe to do so. The Management Office has specifications for the installation of hurricane shutters and protective film for glass areas. As with other architectural modifications, approval from the Management Office must be obtained prior to installation. Insurance: The Association carries insurance covering the condominium’s common elements. Each owner shall purchase hazard and liability insurance and will be required to present evidence of such insurance to the Association upon request. Insurance should include coverage for all personal property in addition to $2,000.00 “Loss Assessment” coverage. [Refer to F.S 718.111(11) for more detailed information regarding insurance requirements.] Personal property includes but is not limited to the following: unit floor coverings, wall coverings, ceiling coverings, electric fixtures, appliances, air conditioner or heating equipment, water heaters, built-in cabinets, plate glass in windows, doors or balcony railings, balcony railing and window or door screens. This homeowner’s insurance should be purchased and maintained by each owner to insure the full replacement value against loss by fire and other hazards. In addition, the Condominium Act now provides that “the owner of a unit may be personally liable for the acts or omissions of the Association in relation to the use of the common elements but only to the extent of his pro rata share of that liability in the same percentage as his interest in the common elements, and in no case shall that liability exceed the value of his unit”. Accordingly, each Unit owner should consider the benefits of obtaining a personal insurance policy to indemnify him in such situations. Maintenance: 1. Every owner shall maintain, inspect and when necessary, repair or replace at his or her expense all portions of the unit. This includes, but is not limited to, air conditioning and heating equipment, all plumbing connections, the portion of the sprinkler system within the unit, and all other appliances, 7
including any connections required to provide utility service to the unit. The Owner is also responsible for all screens, windows and glass doors, floors, ceiling and interior surfaces or the exterior walls of the terrace or balcony adjoining the unit 2. Each owner shall keep such unit in good state or preservation and cleanliness and shall not permit dirt, water or other substances to be swept or thrown from the doors, traces or windows. 3. No owner shall permit anything to be done or kept in the unit or storage space, which could increase the insurance rates of common elements or which could constitute a threat to the health of other residents, including the failure to control and exterminate insects and other pests. 4. No owner may permit any nuisance or illegal act in the unit, or upon the common elements. The Association may recover costs for damage to its property caused by a resident or his guest. Maintenance Fees & Assessments: Maintenance fees are due on the first day of each month, and are deemed late after the tenth of the month. Late charges of $25.00 per month in addition to interest at the maximum rate permitted by law will be charged on the balance from the due date until paid. Lien and foreclosure proceedings may be instituted. All legal and collection fees incurred by the association will be charged to the owner. The Board of Directors shall have the power to levy special assessments if a deficit should develop for the payment of common expenses, or if the Board determines that a special assessment is required to properly perform its duties. Noise: Radio, Television, musical instrument playing and other disturbing noises should be muted to a minimum, non-disturbing level between the hours of 10 PM and 9 AM. Nonresident Owners: All facilities shall be used only by residents and their guests. In accordance with F.S. 718.106, non resident owners whose units are rented may not have use of any facilities including, but not limited to recreational facilities, parking spaces, storage areas, public rooms, etc. All property contained in the deed is to be available for the lessee’s use only. The provision may not be waived, even with the consent of the lessee and lessor. Parking (Indoor): The use of the parking spaces shall be limited to a single conventional properly registered personal passenger transportation vehicle only. Excluded are trailers, mobile homes, campers, recreational vehicles, boats, commercial vehicles and trucks including pick up trucks. A commercial vehicle is defined but is mot limited to one used for transporting property or people in conjunction with a business or trade. It may or may not be identified by a sign or lettering. The rear license tag and parking space decal must be visible from the drive areas. Decals are to be displayed on the left side of the rear bumper or rear window, or a long term pass must be visible through the rear window. Rental cars will be given a special decal to be dispensed in the Management Office or by the lobby guard. In all cases the decal or pass must be clearly visible from the travel lane of the garage. Any vehicle illegally parked after warning by security, shall be towed at the owner’s risk and expense. No auto repairs, except those of an emergency nature, shall be permitted. Any damage due to emergency repairs shall be borne by the owner.
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In the event of heavy rain, the ground level garage may be subject to flooding. Car owners should arrange to move their cars temporarily to an upper level. A list of suggested locations may be found at the concierge desk. Traffic flow is the garage is one way, except on ramps, per directional signs posted. A speed limit of five miles per hour shall be maintained within the condominium grounds and garage. Car washing is allowed only in the space provided near the garage entrance area, where there is a hose maintained for such use. Only residents or registered car washers may use this facility, and only by following garage traffic rules. Parking (Outdoor): All guests must check in at the gatehouse and be issued a 24-hour parking permit. The permit must be visible on the dashboard of the car. The pass may be issued for a maximum of 4 days. Guests visiting for a longer period must be registered in the Management Office by the resident. A dated permit will be issued for an assigned space in the Portsview Tower I garage. Portsview guests may park in the garage free for 14 days. After that there is a $2.00 per day charge. The Association collects a $50.00 refundable deposit for the use of an entry card that will provide access to the property and the Portsview garage. The entry cards are computer controlled and will limit access to the time stated on the permit. Special arrangements must be made for domestic help with the Management Office. Residents must park their vehicles in the assigned garage spaces at all times (with the exception that all residents may park in front of the Harborside building’s designated area only between 7:00AM and 7:00PM). County building codes provide for fire lanes to be used by emergency vehicles. DO NOT PARK IN FIRE LANES. Rotunda parking is limited to standing vehicles while unloading luggage, groceries and mail pickup, etc. Vehicles must be attended. Grocery carts and luggage racks are available for resident use. They may be checked out with the lobby guard, and after placing groceries or luggage in them, the resident should leave the loaded cart or rack with lobby guard while parking in assigned space. After reclaiming the cart it may be taken to the unit, emptied and returned to the area behind the concierge desk where they are stored. Any vehicles that are parked in non-designated areas or are otherwise parked illegally are subject to towing at the owner’s risk and expense; this may be done without prior warning or notification. Residents must provide valet parking services at their own expense for guests for every ten (10) cars when there are ten (10) or more cars are expected on the property for a specific event. Pets: Residents are permitted dogs and domestic cats limited to 15 lbs. at maturity. Dogs exceeding this weight are not permitted on the property. Only one dog or cat is permitted per unit. Other domestic pets such as fish, birds, hamsters, etc. are permitted. Exotic “pets” such as reptiles are prohibited. Owners must indemnify the Association and hold it harmless against any loss or liability arising from having a pet in one’s unit. Pets must be walked on a leash, and all fecal matter deposited in the common areas, including the marina area, must be immediately picked up and properly disposed of by the owner. Pets must be on a leash or carried in the lobby, 9
hallways and in the elevators. No pet may be kept on a terrace when its owner is not in the unit. Unless it is unavailable, only the service elevator should be used to transport pets. Pool and Spa Use: The pool and spa hours are 8:00AM to 10:00PM. The pool area and facilities are for the use of residents and their guests, for whom residents must assume responsibility. There is no lifeguard on duty. Persons using the pool do so at their own risk. Children under the age of 12 must be accompanied and supervised by a parent or other responsible adult at all times. No animals are permitted in the pool area. Neither food nor glass containers are permitted in the pool area. Beverages are permitted in shatterproof containers only, but no drinking is permitted in the pool itself, or on the pool deck within three feet of the pool edge. Refuse must be disposed of in the receptacles provided. Chairs and lounges may not be removed, and must be covered with towels before use. Running roller-skating, bicycle riding, ball playing, rough play, jumping into the pool and diving are prohibited. Children in diapers or not toilet trained are not allowed in the pool or Jacuzzi. All persons should shower before entering the pool. No scuba lessons are permitted, nor rafts, floats or balls. Swimming aids attached to the body are permitted. Radios and other sound equipment shall not disturb others. Recreational Facilities (Building): Recreational facilities are for the use of residents and their guests only and are not available for public rental. The TV room and multipurpose room are available for private use by residents for parties, subject to prior approval by the Management Office. These rooms may not be available for private use on National Holidays: Christmas, Thanksgiving, New Year’s, Memorial Day, Independence Day, Labor Day or the eves of such holidays or for major sporting events such as the Super Bowl or World Series. Exceptions may be made subject to review by the Property Manager. Re-sales and Rentals: There are formal procedures to be followed for the resale or rental of a unit. The Management Office will provide procedural kits for the use by owners and realtors. Approval of any sale or lease by the Board of Directors cannot be given unless all requirements have been met. The application and screening forms must be completely filled out and signed by the applicant, accompanied by a check for $100.00 payable to “Portsview Tower I� for processing (Including credit reports) and three letters of reference. Written acceptance of the Rules and Regulations must also be submitted. The Association reserves the right to approve or disapprove all rentals and may conduct background and credit checks on any prospective tenant. Such costs shall be paid by the unit owner. A written lease shall be required of each tenant. 10
An appointment for an interview with the Review Committee may be made when all necessary forms and check(s) are received. The Review Committee will then meet with the applicant(s) and submit their report for approval. No unit may be leased or rented, whether for consideration or not, for a period of twelve (12) months following the date of acquisition. Units may be rented only once in a consecutive twelve (12) month period.
Screen Doors: Screen Doors must be of uniform type approved by the Association. Smoking: Florida’s Clean Indoor Air Act (F.S. 386.205) prohibits smoking in the entire building except within the individual units. Tennis Courts: Tennis courts are for the use of residents and their guests for playing tennis or tennis practice. They may not be used for ball playing or as a recreation field. Play is limited to one hour when other residents are waiting to play. Trash Disposal: Garbage must be placed in a plastic bag and secured before being placed down the chute or in the dumpster. Garbage must not be left on trash room floors. Any spilled liquids or garbage must be cleaned up. Cardboard boxes and/or large pieces of cardboard should be placed in the trash room each morning before 9:30 AM for removal by maintenance personnel. Portsview is in compliance with county recycling regulations. Newspapers, glass, metal cans and plastic must be disposed of separately utilizing the designated container inside the trash room. Follow posted instructions. Trespassers: Aventura Police can act as agents of the Association and will advise individuals who appear to be trespassing or loitering on the property, to leave after being warned. An individual who fails to comply with a directive will be subject to arrest. Use of Unit: No unit shall be used other than for residential purposes. No business, profession or trade of any type shall be conducted on any portion of Portsview property. Window Coverings: No paper, foil or reflective window covering shall be permitted on any unit, unless approved by the Management Office in advance. Work Orders: Requests for repairs or maintenance of common areas should be submitted on a work order form through the Management Office during regular working hours and through the lobby guard at other times.
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Emergency
911
Contact Information: Front Gate
305-935-3296
Concierge Desk
305-935-5892
Management Office
305-935-5852
Website
www.portsview.com
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