Frequently ASKED QUESTIONS AND ANSWERS
BEACH WINDS CONDOMINIUM ASSOCIATION AS OF JANUARY 1, 2019
|Q: What are my voting rights in the condominium association?
A: 1 Vote per unit
|Q: What restrictions exist in the condominium documents on my right to use my unit?
A: 1 pet per unit not to exceed 30 lbs.
A: No Boats or trailers may be stored on the property.
|Q: What restrictions exist in the condominium document on the leasing of my unit?
A: Minimum of 3 months rental period. Beach Winds Lease required to be incorporated into Owners Lease.
|Q: How much are my assessments to the condominium association for my unit type and when are they due?
A: $485/month due by 15th or a $25.00 late fee will be incurred
|Q: Do I have to be a member in any other association? If so, what is the name of the association and what are my voting rights in this association? Also, how much are my assessments?
|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?
|Q: Is the condominium association or other mandatory membership association involved in any court cases in which it may face liability in excess of $100,000? If so, identify each such case.
A: As of January 1, 2019, the Association is involved in litigation. It is uncertain if the liability will exceed $100,000 and such information will not be known until later in the year.
PURCHASER SHOULD REFER TO ALL REFERENCES, EXHIBITS HERETO, THE SALES CONTRACT, AND THE CONDOMINIUM DOCUMENTS.
Beach Winds Condominium Association – Rules & Regulations
BEACH WINDS CONDOMINIUM ASSOCIATION
RULES AND REGULATIONS
Note: All owners who rent or otherwise allow others to use their units should post these Rules and Regulations plus those contained in the Condominium Documents in their units.
AUTHORITY AND RESPONSIBILITIES
1. The Board of Directors approved these rules on July 7, 1997 and amended them December 13, 2010 April 30, 2018, September 5, 2018 and October 17, 2018 pursuant to the authority contained in the Condominium Documents.
2. These rules and those in the Condominium Documents are to be complied with by the unit owners and their tenants, and by all occupants of their apartments. Owners and tenants are responsible for compliance by their guests and by their employees and other representatives.
3. Unit owners are responsible for informing their tenants of these rules and those listed in the Condominium Documents.
4. Unit owners are responsible for posting a copy of these rules in their units for ready reference at all times, for their tenants.
ACCESS TO UNITS AND GARAGES
1. As permitted by the Condominium Documents, the Association has rights of access to all units and garages. This is used only in emergency situations.
2. Unit owners will provide the Board of Directors or the Office Administrator with keys, which are kept in a secure place, to their units and garages.
3. If interior service is requested, exterminator must have access to unit.
ACCESS TO BEACH
Use walkway to beach; ingress or egress through dunes is strictly prohibited by law.
ACCESS TO ROOFS OF BUILDINGS
No one is permitted on roofs without permission of the Office Administrator or Board of Directors.
ALTERATIONS AND ADDITIONS
Owners are prohibited by the Condominium Documents from causing any improvements or change to the exterior of the buildings, including painting or other decorations, and the installation of awnings or shutters. Unit owners desiring installation of hurricane shutters shall apply to the Association by completing an Application for Approval to Proceed with Installation of Hurricane Shutters. Hurricane shutters must comply with Association resolution adopted
6/19/97 and filed with the Brevard County Clerks of the Courts. Only the Association is authorized to change the appearance of any portion of buildings not wholly within the boundaries of units.
Per the Florida Statute and the National Fire Prevention code, no hibachi, grill or other similar devices used for cooking, heating or any other purpose shall be used or kindled on any balcony or under any overhanging portion or within 10 ft (3m) of any structure.
Complaints regarding the service of the condominium may be submitted by owners or tenants, written, signed and addressed to the Board of Directors or the Office Administrator. Forms are available in the office and upon completion can be placed in the Association mail slot located in the mailroom.
1. Elevators are important and expensive items. Instruct children in the proper use of elevators. No pre-school age children allowed in elevators without an adult.
2. Surfboards are not allowed in elevators and should be stored in garages or transported in stairwells for storage in the unit. Bicycles are not to be transported in elevators.
3. Dripping bathing attire is not permitted in elevators. Please dry off before entering and no bare feet.
4. Before permitting movers, deliverymen, workmen, and others to use elevators for transport of furniture, equipment, and other large items, inform Office Administrator, who will ensure maintenance personnel are available to install floor and wall protection. Unit owners will be held liable for any damage caused by their representative workmen.
5. No smoking in elevators, stairwells and walkways.
6. Grocery carts are not to be left in elevators.
Any and all flag holders for the purpose of displaying the American Flag or Federally approved Military Flag must be installed on the balcony railing using a removable holder that does not involve screws of any type. All flags must be removed during inclement weather. All flag display must conform to the United States Code, Title 36, Chapter 10 standards.
GARMENTS, RUGS, TOWELS, ETC.
1. Garments, rugs, towels, etc., are not to be hung from windows, balconies, or from
any other façade of the condominium property.
2. Rugs, mops, etc., shall not be shaken from windows, doors, balconies, patios, walkways, or other common areas. Rugs, etc., are not to be beaten outside units or garages.
1. All guests must adhere to all Rules and Regulations set forth by Beach Winds Condominium Association.
2. Guests and tenants must register with the Office Administrator or a member of the Board of Directors by completing registration forms. Registration forms are available in the office. Completed forms are to be dropped in the Association mail slot located in the mailroom.
3. Over night guests are limited to the number of occupants allowed for size of condominium unit set forth in paragraph two, under OCCUPANCY of these Rules and Regulations.
Installation of Hurricane Shutters must comply with Beach Winds Condominium
Association Resolution of the Board of Directors filed with the Brevard County Clerk of the Courts.
No inflammable, combustible, or explosive fluids, chemicals, or substances shall be kept in any unit or limited common element assigned thereto, except as are required for normal household use.
LAWFUL USE OF CONDOMINIUM PROPERTY
1. Immoral, improper, offensive use of the condominium property is prohibited.
2. All laws, ordinances and regulations of all governmental authorities having jurisdiction of the condominium shall be observed.
1. Owners will inform their contractors that tools and equipment are not to be rinsed, washed, cleaned, etc., on common elements.
2. Owners will inform contractors that remodeling and/or construction debris or trash must be hauled off property and it is not to be disposed of in Beach Winds dumpster.
3. Owners will be held responsible for repairs and clean up cost if their respective contractors cause damage to common element property.
1. No nuisances are allowed to be committed or maintained upon the condominium property. Any use or practice that is a source of annoyance to residents, or that interferes with the peaceful possession of the property is prohibited.
2. Excessive noise of any nature, which would annoy occupants and guests, is prohibited. Please keep radios, stereos, televisions, etc., to a minimum sound level at all times.
3. Bird/squirrel feeding from patios, balconies, and walkways is strictly prohibited.
1. Condominium units are for residential use only.
2. Maximum number of permanent occupants per unit:
OFFICE ADMINISTRATOR TO BE INFORMED OF OCCUPANTS
Owners and tenants must keep the Office Administrator informed of the permanent occupants and houseguests of their unit.
PERSONAL PROPERTY IN COMMON AREAS
1. Personal property shall be kept only in units and garages.
2. Beach/pool equipment, packages, plants, or objects of any kind are not to be left unattended in or on sidewalks, walkways, entrances, stairways, elevators, and similar areas. Such areas are to be used for no other purpose than normal transit.
3. Canoes, kayaks, boats, trailers, boating equipment, water craft of any type, and surfboards may not be stored in common areas. Items stored in the common areas will be removed or towed from the property as provided in the Condominium Documents.
1. Only one pet weighing no more than 30 pounds may be kept in a unit.
2. Pets are not allowed on beach. (County ordinance).
3. Pets are not allowed in the recreation area.
4. Each pet must be kept on a leash when outside a condo unit or limited common area.
5.Walk pets only on the north and south property lines behind garages.
6. Pet excreta must be properly bagged and securely tied before disposal
in trash chutes.
1. Recreational facilities are for use only by residents, their houseguests and guests of residents while residents are on the premises.
2. Use privileges are not to be freely extended to friends or casual acquaintances.
3. An owner renting his condo relinquishes his rights and privileges to all recreational facilities during the rental period.
4. Residents are responsible for the conduct of their visitors and guests.
1. A resident may reserve the recreation room for a limited period with the permission of the Office Administrator. “Recreation Room Rental Applications” and “Hold Harmless Agreements” are available in the office. Both certificates must be completed and placed in the Association mail slot in the mailroom.
2. Each notice of reservation will be posted on the calendar and on the lobby bulletin board for notices.
RECYCLING/REFUSE (Recycling is mandated by law)
1. All glass, plastic containers numbered 1-7 in an arrow shaped triangle, aluminum cans, office paper, newspapers, magazines, catalogs, and telephone books, should be placed in recycling bins. No garbage is to be placed in these bins.
2. All garbage, trash, or other refuse is to be deposited only in trash chutes or dumpsters.
3. Use disposal whenever possible for wet garbage.
4. Break down cardboard boxes and cartons and place them in the recycle bins located at the east end of Garage “A” and the west end of Garage “D”.
5. Due to noise concerns, refuse chutes are to be used between 7:00 A.M. and 9:00 P.M. only.
In a Special Membership Meeting on 9-21-04 a vote on Amendments to the Declaration of Condominium passed instituting the following changes to our “Rules and Regulations” with respect to rentals.
1. An owner may rent an entire unit to a tenant for a minimum rental period of 90 days.
2. Each rental must be covered by a bona-fide lease agreement in writing, as well as a completed condominium rental registration. The agreement must contain a provision requiring the tenant’s compliance with these Rules and Regulations and those contained in the Condominium Documents. The lease shall not release or discharge unit owners from compliance with Condominium Documents.
3. An owner is prohibited from leasing a unit prior to the expiration of prior 90 day lease.
4. Sub-leasing is prohibited; no transient tenants may be accommodated.
5. Refer to 9-21-04 Amendment to Declaration of Condominium for detailed information and restrictions.
6. Tenant information forms can be obtained at the office.
7. Adopted 9-5-18: Advertising of Beach Winds units by “Guest Services” consolidators (AirBnB/VRBO, etc.) is strictly prohibited. Violators are in direct conflict with Association Amendments passed 9-21-2004.
RUNNING AND PLAYING
1. No running or playing on pool deck, walkways, in elevators, in stairwells, or entrance areas.
2. Use of skateboards, rollerblades, or roller skates is not permitted on any walkway areas, pool deck, stairwells or in elevators.
SIGNS AND ADVERTISEMENTS
No sign, advertisement or notice of any type shall be shown on the common property of any unit. With Board of Director or Office Administrator permission, notices may be posted on bulletin board located in the Association mailroom.
1. Equipment room will be open during daylight hours; remember to return all equipment to storage room upon completion of play.
2. Children under 12 years of age are allowed to play only with adult supervision.
SWIMMING POOL AND SURROUNDING AREA
1. Observe all posted pool rules.
2. Pool hours are Dawn to Dusk per Florida State Law.
3. All persons using the pool do so at their own risk. There is no lifeguard.
4. Children under 12 years of age must be accompanied by an adult while in the pool area.
5. Any person who is incontinent or not fully potty trained must wear appropriate waterproof clothing
when entering or being carried into the pool.
6. NO GLASS or other easily breakable containers allowed on pool deck. No food or drink may be consumed within 4 feet from the edge of the pool area.
7. Cigarettes must be deposited in containers.
8. Other than certified and properly vested service animals, pets are not allowed in pool or on the deck area.
9. Persons coming off the beach must remove tar from feet and footwear before entering pool area and must shower before entering the pool.
10. Remove suntan oil or lotion by showering before using pool.
11. Place towels on chairs and lounges if suntan oil or lotion is being used.
12. Good hygienic health habits must be observed in and around the pool.
13. Appropriate bathing suits are required in the pool at all times.
14. No tampering or abuse of pool equipment.
15. No boisterous activity or unnecessary noise is permitted in the pool area.
16. No diving in the pool.
17. No oversized floats or pool toys are permitted in the pool. Please limit the floats to “noodles” or other similar floats.
18. No surfboards or bicycles in the pool area.
19. No athletic activities or games other than swimming are permitted in the pool.
20. Swimmers must towel off and use appropriate footwear before entering building elevators.
21. Chairs and lounges are not to be removed from the pool deck.
1. Tennis shoes are required on the court.
2. Children under 12 years of age may not play unless accompanied by an adult.
3. The court cannot be used by unit owners for monetary gain. Only a unit occupant and guests may receive professional instruction during their allotted time.
4. The court shall be used during daylight hours only. The gate is to be locked upon completion of play.
1. Automobiles will be parked only in marked areas. No parking or standing in Fire Lane. Parking in designated handicap parking spaces is limited to vehicles with handicap licenses plates, handicap hang tags, or handicap placards.
2. Automobile parking spaces may be used only for parking automobiles, including SUVs, Vans, Pick-ups (without dual wheels), that are in operating condition. No other vehicles or objects, including but not limited to recreational vehicles, trucks (with dual wheels), motorcycles, trailers may be left in automobile parking spaces. Motor homes, boats, and trailers are prohibited from parking on condominium property, unless approved for a limited period of time by the Board of Directors. Motorcycles, trucks, and guest parking will be on the south property line only. Vehicles using the loading lanes will not be left unattended.
3. Automobile parking is limited to occupants and their houseguests or visitors only when they are visiting on condominium property. Guests and visitors will park in designated areas and
only along the south property line.
4. Due to limited parking space, no car-pooling parking is allowed on condominium property.
5. Work on vehicles outside garages is limited to cleaning, minor adjustments, and emergency repairs.
6. Garage doors are to remain closed when occupants are not present.
7. Speed limit is 10 mph. Use caution at all times, especially at blind corners. Obey Stop signs.
8. Wash cars at car wash area only.
9. Beach Winds Parking Permits are required to be displayed on the rear window, bottom, left corner of all vehicles parked in the area designated “Parking by Permit Only.” Temporary parking tags must be visible on the front dash board or adhered to the rear bottom left corner of the vehicle. Vehicles without Beach Winds permits parked in this area will be subject to towing at owner’s expense.
Violations of these rules should be reported to Management or the Board of Directors for the proper actions by the Association. Continued violations will warrant legal action.
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