Mizner Pointe of Boca Homeowners Association, Inc.

 

 

Rules and Regulations

Revised 2/22/2007

By taking ownership of a property in Mizner Pointe the owner becomes a member of the Mizner Pointe of Boca Homeowner Association, Inc. As a member you abide to follow the rules and regulations.

This document is a description of these rules and regulations without involving the legal language found in other documents defining the same rules and regulations. While we try to keep this document current, rules are added, removed and changed on an on-going basis, when in doubt consult the property manager. It is the homeowners’ responsibility to ensure that they have the most recent rules.

If anything is unclear to you or you have any questions about the content of this document please consult the property manager.

INTRODUCTION

The enclosed Rules Regulations and Guidelines have been approved by the Board of Directors.

Upon receipt of these Rules and Regulations from the Board of Directors, we, as homeowners, are re-affirming our agreement to abide by them. As a homeowner, you are responsible for compliance from all members of your household and guests. If you rent your property, you the owners, will be responsible for any violations by your lessee.

This is not an all-inclusive list of Rules, Regulations and Guidelines; additional restrictions may be found in the Declaration of Covenants for Mizner Pointe of Boca (Article XVI Prohibitive Uses). The Board may add, delete or modify these Rules and Regulations

Penalties and Fines will be imposed for any and all violations of our Community’s Rules and Regulations and/or documents. An official warning will be issued prior to the imposition of any penalties or fine under Clubhouse Rules & Regulations. A Compliance Committee will be available to resolve any dispute of violations. By statute, fines up to $50.00 per day/per occurrence will be assessed, until violation is rectified. Fines can reach a cap of $1,000.00 for an on-going violation.

GENERAL COMMUNITY RULES

ANIMALS - Dogs must be on a leash at all times when off your property. Dog droppings must be picked up and disposed of immediately and properly.

BUSINESS - No Trade, business or any commercial use shall be conducted in or from any Parcel.

CONTRACTORS – Other than food deliveries and emergencies, contractors will not be allowed entry into our community on Sundays, Holidays, and after 5pm from Monday – Saturday.

DELIVERIES – Delivery trucks are allowed Monday – Friday 7am-8pm and weekends 8am-8pm.

FIREWORKS – Fireworks will not be allowed on Mizner Pointe of Boca Association Property.

GARBAGE - Garbage and trash shall be put out no earlier than dusk the day previous to collection, and containers taken in by dusk the day of collection. Garbage cans and recyclable bins must be stored in garages. Recyclable bins are to put out only on Thursday nights.

GUTTERS – All stand-alone gutters on the dwelling must be of same size. Gutters must be aluminum, K-style in 6or 8 inch width. Color should be white or match the house color.

MOTORIZED SCOOTERS - Go-carting/ATV’s or any motorized scooters or motorized type recreational and or motorized type vehicles are prohibited on Mizner Pointe of Boca property.

RAMPS- Ramps are not permitted anywhere on Mizner Pointe of Boca property - streets, sidewalks, clubhouse parking lot, etc. Ramps must be confined to a homeowner’s and/or driveway.

UNLAWFUL USE - No improper, offensive or unlawful use shall be made of any Parcel and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be strictly observed.

VEHICLES- Cars may be parked overnight only in driveways and garages. Any car parked illegally in the street overnight, (between 2:00 A.M. and 6:00 A.M.), will be ticketed as a first warning. After one warning, the vehicle is subject to being towed away. Other restrictions are as follows:

All costs and reclamations will be at Owner’s expense without recourse. One warning will be issued. Special situations, i.e. driveway repairs, pressure cleaning and sealing, etc. will require a permit from Management to be placed on car(s) for that occasion, and the vehicle may be parked in the Clubhouse parking lot.

WILDLIFE – Feeding of ducks and other wildlife is prohibited.

HOME AND PROPERTY MAINTENANCE

Each owner shall be responsible for maintaining his/her unit in a neat and clean condition at all times. Such maintenance shall include, but not be limited to, cleaning, painting, repair and general care.

In the event the exterior of said Lot and Unit is damaged in such fashion so as to create a health or safety hazard to adjoining Lots and Units, or deteriorates in such a way as to create a nuisance or to be unsightly and not keeping with the standards of the community, as determined by the Architectural Committee in its sole discretion, and such damage is not repaired within thirty (30) days from the occurrence or written notification from the HOA, then in such an event, the Association shall have the right to make reasonable repairs to the exterior of such Lot and Dwelling Unit.

If any owner fails or refuses to care for, maintain or make repairs to that Owner’s unit, the HOA shall have the right and power to care for, maintain and make repairs and maintenance. The Owner of such Unit shall be responsible for all fees and expenses plus a 10% handling fee, including reasonable attorney’s fees if any are incurred by the HOA in connection therewith.

The HOA shall have a lien on the Unit to secure payment of all such amounts, which shall be perfected and enforced in the same manner as a delinquent assessment.

RENTAL / RESALE SCREENING PROCESS

The HOA has adopted a rental/resale screening process which shall provide that no Owner may rent its entire unit and no more than one time per calender year, and provide for screening of potential tenants by the Board.

Each owner shall have the right to lease his/her Unit provided that such lease is in writing and provides that the tenant shall be bound by and obligated to the governing documents and Rules & Regulations at Mizner Pointe and that the failure to comply with these documents shall be a default under the lease.

Any Owner desiring to sell or rent his/her Unit shall deliver to our Property Management Company: (a) a completed Application, (b) a $100.00 check made payable to Mizner Pointe of Boca, HOA, and (c) a copy of the proposed lease/sales contract at least ten (10) days prior to the date such a sale, lease or rental agreement is to become effective.

Any Owner who shall lease or rent a Unit shall be responsible for assuring compliance with all governing documents. Failure of an Owner to accomplish compliance within 10 days after receipt or written demand to do so from the Board, shall entitle the Association, to take any and all such action including the institution of proceedings on behalf of such Owner against his/her Lessee.

Any expense incurred by the Association, including attorneys fees and cost of suit shall be repaid to it by such Owner. Failure by such Owner to make such repayment within 30 days after receipt of written demand, the Board may resort to any and all remedies of the Association, including placing and enforcing a lien on such Unit.

ENFORCEMENT OF RULES AND GUIDELINES

The board of directors of the homeowners’ association has the statutory authority (“Florida Statute Section 720.305”) to enforce the governing documents and the rules of the association when a violation occurs.

It is absolutely essential that the covenants and the rules be uniformly enforced and applied against all of the members of the Association.

The Association may impose reasonable fines against any member, tenant or guest violating the rules. A fine of $50.00 may be levied on the basis of each day or per occurrence of a continuing violation, except that the total fine cannot exceed $1,000.00 in the aggregate.

The following is the procedure in processing alleged violators:

 

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