Shelborne Ocean Beach Hotel Condo Assoc. Inc

Shelborne Ocean Beach Hotel Condominium Association Inc

Restrictions

Restrictions

11. Page vii Prospectus, Summary of Use Restrictions To Be Imposed Upon Units Concernig The Use of the Condominium Property
In addition to the other obligations and duties set forth in the Declaration, every Unit Owner Shall:
a. Promptly pay the Assessments levied by the Association.
b. Maintain in a clean and sanitary manner and repair his Unit and all interior surfaces with in 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.
c. Not use or permit the use of his Unit except for residential purposes consistent with then laws of governing authorities having jurisdiction over the property.
d. 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 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 acts in his unit or on the Common Elements.
e. 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 adopted in writing from time to time by the Association, and to see that all person's using the Owner's property,
by, through or under him do likewise.
f. Make no alteration, decoration, repair, replacement or change of the Common Element or to any outside or exterior portion of the building without the prior written consent of the Association.
g. Allow the Association or its authorized agents to enter any Unit or Limited Common Elements for the pourpose of maintenance,repair or replacement of any Common Element or for making emergency repairs which are necessary to prevent damage to the Common Elements or to another Unit or Units.
h. 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.
i. Abide by any regulations regarding children as may be established by the Association, except that no regulations shall prohibit children from residing in or occuping a Unit,
j. Make no repairs to any plumbing orelectrical wiring within a Unit,except by plumbers or electricians authorized to do such work by the management of the Association. Plumbing and electrical repairs within a Unit shall be paid for
and be the financial obligation of the Owner of the Unit. The Association shall pay for and be responsible for plumbing repairs and electrical wiring within the Common Elements.
k. 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 the Declaration attached hereto as Schedule "1". The total of all said proportions or percentages equals the value of all of the land and improvements thereon.
l. Use only the entrance driveway for loading and unloading guests and their belongings.
m. not replace and/or remove screens, jelousies or other enclosures on balconies or other parts of the building, even though such areas may be Limited Common Elements, except with prior written approval of the Board of Administration.
n. No balconies, patios or terraces shall be extended, enclosed or decorated in any way whatsoever by a Unit Owner without the prior written consent of the Board of Administration.
o. Not divide or subdivide a Unit for the purpose of sale, lease or transfer. Both Residential and Commercial Units may be subdivided and or combined in accordance with the provisions of the Declaration
of Condominium.
p. Not hang any laundry, garments or other objects which are visible from outside of the Unit, except for draperies, blinds, shades or other suitable
window coverings. Decorative window coverings shall not include any type of reflective film on any
glass windows or doors.
q. Not allow any rubbish, refuse, garbage or trash to accumulate in places other than the receptacles provided therefor, so that each Unit, the Common Elements and Limited
Common Elements shall remain in a clean and sanitary condition at all times.
r. Not make any use of a Unit that violates any laws, ordinances and regulations of any governmental body having jurisdiction thereof.
s. Pets may be kept in a Unit. No pet shall be allowed to commit a nuisance in any public portion of the Condominium building or grounds. The term "pets" shall be limited to dogs, cats and birds. A pet must be carried from the time it leaves the Unit, through the halls, in the elevator, and until it is taken through the lobby to the outside of the building.
Pets shall not be allowed in any balcony, unless the Unit Owner is present.
The total weight of all pets belonging to a Unit Owner shall not exceed eighteen (18) pounds

Initial Rules and Regulations

Initial Rules and Regulations
Under the condominium documents, the Board of Directors of SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC has the responsibility and authority for the operation of the Association, management of the Condominium Property and for the establishment and enforcement of Rules and Regulations

These Initial Rules and Regulations may be modified, added to or repealed at any time by the Board. Any consent or approval given by the Association under these Rules and Regulations shall be revocable at any time, except for its approval of resale of leases. These Rules and Regulations and all others hereinafter promulgated shall apply to and be binding upon to it that they are leases and other persons over whom they exercise control and supervision. Said initial Rules and Regulations are as follows:
1. The sidewalk, entrances, passages, elevators, if applicable, vestibules, stairways, corridors, halls and all of the Common Elements must not be obstructed or encumbered or used for any purpose other than ingress and from the premises; nor shall any carriages, bicycles, shopping carts, chairs, benches, tables, or any other object of a similar type and nature be stored therein. Children shall not play or loiter in halls, stairways, elevators or other public areas. For security purposes, all doors leading from the building to the outside or from the garages into elevator lobbies or stairways or the Condominium building shall be closed at all times and shall not be blocked open.

2. Exterior apartment doors must not be blocked or otherwise left open.

3. The personal property of all unit owners shall be stored within their Condominium Units or assigned storage areas.

4. No garbage cans, supplies, milk bottles, or other articles shall be placed in the halls, on the balconies, or on the staircase landings, nor shall any linens, cloths, clothing, curtains, rugs, mops, or laundry of any kind, or other articles, be shaken or hung from any of the windows, doors, or balconies, or exposed on any part of the Commons Elements shall be kept free and clear of rubbish, debris, and other unsightly material

5. No Owner shall allow anything whatsoever to fall from the windows, balcony or doors of the premises; nor shall he sweep or throw from the premises any dirt or other substances into any of the corridors, halls, or balconies, elevators, ventilators, or elsewhere in the building or upon the grounds.

6. Refuse and bagged garbage shall be deposited only in the area provided therefor. In this regard, all refuse must be bagged in sealed garbage bags.

7. Water closets and other water apparatus and plumbing facilities on the Condominium Property shall not be used for any purpose other than those for which they were constructed. Any damages resulting from misuse of any of such items in the Condominium Unit or elsewhere shall be paid for by the Unit Owner who, himself, family, guest, invitee, servant, lessee, or other person who is in on the Condominium Property pursuant to the request of the Unit Owner shall have caused such damage.

8. Employees of the Association shall not be sent out of the building by any Unit Owner at any time for any purpose. No Unit Owner or resident shall direct, supervise or in any manner attempt to assert any control over employees of the Association.

9. The parking facilities shall be used in accordance with the regulations therefore adopted from time to time.

10. The type, color, and design of chairs and other items of furniture and furnitures that may be placed and used, where applicable, on any terrace or balcony may be determined by the Board of Directors of the Association, and a Unit Owner shall not place or use any items, where applicable, upon any terrace or balcony without the approval of the Board of Directors of the Association.

11. The exterior of the Condominium Units and all other exterior areas appurtenant to a Condominium Unit, including, but not limited to, balcony walls, railings, ceilings or doors, shall not be painted, decorated or modified by a Unit Owner in any manner without the prior written consent of the Association.

12. Nothing, including, but not limited to, radio or television aerials, or antennas, signs, notices or advertisements, awnings, curtains, shades, window guards, light reflective materials, hurricane or storm shutters, ventilators, fans shall be attached or affixed to the exterior of any Unit or balcony or exposed on or projected out of any window, door, or balcony without the prior written consent of the Association. No one shall alter the outside appearance of any window of any Unit without the prior written consent of the Association. The consent of the Association to all or any of the above may be withheld on purely aesthetic grounds within the sole discretion of the Board of Directors of the Association.

13. No interior of a Condominium Unit shall be altered in any manner as such would have any effect on the structural elements of the building or its electrical, mechanical, plumbing or air conditioning systems or on any of the common or limited common elements without the prior written consent of the Association.

14. No Unit Owner shall make or permit any disturbing noises in the building by himself, his family, servants, employees, agents, visitors, and licensees, nor do or permit anything by such persons that will interfere with the rights, comfort, or convenience of the Unit Owns. No Unit Owner shall play upon or suffer to be played upon any musical instrument, or operate or suffer to operate a phonograph, television, radio, or sound amplifier in his Unit in such a manner as to disturb or annoy other occupants of the Condominium. All parties shall lower the volume as to the foregoing after 11:00pm of each day. No Unit Owner shall conduct or permit to be conducted vocal or instrumental instruction at any time.

15. No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted, or affixed in, on or upon any part of the Condominium Unit or Condominium Property by any Unit Owner or occupant without written permission of the Association.

16. No awning, canopy, shutter, or other projection shall be attached OT or placed upon the outside walls or doors or roof of the building without written consent of the Board of Directors of the Association. All window coverings must be such color as the Association determines in its sole discretion.

17. The Association may retain a pass-key to all units. In lieu of a pass-key, the Association shall have a duplicate key. In the event the Unit Owner fails to supply either a pass-key or duplicate key, and entry into the Unit by the Association is permitted in accordance with the Declaration, Articles, By-laws or these regulations, the Association shall not be responsible for any costs or expenses incidental to a forced entry into the Unit. The agents of the Association and any contract or workmen authorized by the Association may enter any Unit at any reasonable hour of the day for any purpose permitted under the terms of the Declaration of Condominium or by-laws of the Association. Entry will only be made after pre-arrangement with the respective Unit Owner or the occupant of the Condominium Unit. Nothing herein shall relieve the Association of its duty of ordinary care in carrying out its responsibilities, nor from its negligence or wilful activities that caused damage to a Unit Owners property.

18. Complaints regarding the service of the Condominium shall be made in writing to the Association.

19. No inflammable, combustible, or explosive fluid, chemical or substance shall be kept in any Unit or Limited Common Element assigned thereto aor storage area, except such as are required for normal household use.

20. Payments of monthly assessments shall be made at the office of the Association. Payments made in the form of checks shall be made to the order of such party as the Association shall designate. Payments of regular assessments are due on the first (1st) day of each month and if such payments are ten (10) days or more late, they are subject to charges as provided in the Declaration of Condominium.

21. No bicycles, scooters, baby carriages, ismilar vehicles, toys or other personal articles shall be allowed to stand in any driveways, Common Elements. None of the foregoing items shall be conducted in or from any Residential Condominium Unit.

22. JThe Residential Condominium Unit shall be used solely for transient resort or interval purposes consisten with applicable zoning laws. No trade, business, profession, or other type of commercial activity may be conducted in or from any Residential Condominium Unit.

23. A Unit Owner shall not permit or suffer anything done or kept in his Condominium Unit with will increase the insurance rates on his Unit, the Common Elements or any portion of the Condominium or which will obstruct or interfere with the rights of other Unit Owners of the Assocationl.

24. Advance arrangements shall be made with the Association before moving furniture or bulky personal belongings in or out of the building

25. Rugs, mats, etc. may not be placed outside the Condominium Unit entrance doors

26. No solicitors are to be permitted on the Condominium Property at any time except by individual appointment with residents

27. When in beach attire, all chairs and lounges must be covered with a towel before use.

28. Unit owners are responsible for any damages to the Common Elements or Limited Common Elements caused by themselves, their family, guests, invitees, servants, lessees and persons who are on the Condominium Property because of such Unit Owner

29. Food and beverage may not be consumed outside of a Unit, except in such areas as are designated by the Board of Directors or the Association. At no time can food be brought onto the pool deck area for consumption.

30. Provisions in the nature of Rules and Regulations are specified in the Declaratoin of Condominium.

31. The Board of Directors of Association reserves the right to make additional Rules and Regulations as may be required from time to time. These additional Rules and Regulations shall be as binding as all other Rules and Regulations previously adopted.

32. Rules and Regulations as to the use of recreational facilities shall be posted, and each Unit Owner, as well as his famiyl, guests and invitees, shall observe all Rules and Regulations

33. In the eveny any Rule or Regulation heretofore set forth or hereinafter promulgated, or any sentence, clause, paragraph, phrase, or word thereof is determined to be invalid or unenforceable, all remaining provisions or portions thereof shall be and shall remain in full force and effect

34. Pets may be kept in a Unit. No pet shall be allowed to commit a nuisance in any public portion of the condominium building or grounds. The term pets shall be limited to dogs, cats, and birds. A pet must be carried from the time it leaves the apartment, through the halls, in the elevator, and until it is taken through the lobby to the outside of the building. Pets shall not be allowed on the balcony, in the event the Developer constructs such balconies, unless the Unit Owner is present. The total weight of all pets belonging to a Unit Owner shall not exceed eighteen (18) pounds.

35. The Association may assess a fine in the event of a violation as set forth in Article Eleven, Section 1(d). Pursuant to Rule 7D-23.005, F.A.C., the Association will afford the party against whom the fine is sought to be levied an opportunity for hearing after reasonable notice of not less than fourteen (14) days and 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, Association By-Laws, or Association Rules and Regulations which have allegedly been violated; and
iii. A short and plain statement of the matters asserted by the Association

The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved and shall have the opportunity at the hearing to review, challenge, and respond to any material considered by the Association. The Hearing will be held before a Committee of other Unit Owners. The Committee will consist of three (3) Unit Owners selected by the Board

FAQ

FAQ

Q: What are my voting rights in the condominium association?
A: There shall be one person with respect to each unit who shall be entitled to vote at any meeting of unit Owners. Such person shall be known as "Voting Member." If a unit is owned by more that one person, the owners of said unit shall designate one of them as the Voting Member (refer to Exhibit "D", Section 8, The Bylaws)
Q: What restrictions exist in the condominium documents on my right to use my unit?
A: No business trade or profession of any type shall be conducted from within any residential unit in the condominium ( refer to Schedule "7", Page 2, #22, Rules and Regulations). Transient, residential and interval occupancy only are permitted in accordance with City of Miami Beach Zoning Codes.
Q: What restrictions exist in the condominium documents on the leasing of my unit?
A: The Board of Directors shall have the right to require that a uniform of Lease shall be used and for a minimum term of not less than one (1) month (refer to Schedule 1, Page 40, The Declaration).
Q: How much are my assessments to the condominium association for my unit type and when are they due?
A: Your assessment is due on the first of each month. For your type unit, your maintenance can be found at the end of the Budget under Unit Allocation , Residential units.
Q: Do I have to be a member of any other association? If so, what is the name of the association and what are my voting rights in the association? Also how much are my assessments?
A: No, you do not have to be a member in any other association.
Q: Am I required to pay rent or land use fees for recreational or other commonly used facilities? If so, how much am I obligated to pay annually?
A: No. Each unit owner, member of their families and guests, shall be entitled to the use and enjoyment of the recreational facilities subject to the Rules and Regulations established by the Board of Directors (refer to Schedule 1, page 40, The Declaration).
Q: Is the condominium association or other mandatory membership association in any court cases in which it may face liability in excess of 100.000? If so, identify each such case
A: None
NOTE: THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMAY IN NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, EXHIBITS HERETO, THE SALES CONTRACT, AND THE CONDOMINIUM DOCUMENTS

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