Condominium Rules:
The following use restrictions appear as Schedule “A” to the Declaration of Condominium which is attached as Exhibit “1” to This Offering Circular: That is available to Owners.
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Residential
Each Residential; restricted to residential use as a residence by the Owner or permitted occupant thereof, his immediate family, refer to Rule 1 of the Rules and regulations attached as Schedule “A” to the Declaration Which is attached as Exhibit “1”
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Ownership by Entity
In the event that other than a natural person is a Residential Unit Owner, then that Unit Owner shall, prior to the purchase of the residential Unit, designate the person(s) who is, are to be permanent occupant(s) of the Residential Unit. The Unit Owner shall thereafter notify the Association of any change or additions to the permanent occupant initially designated. All provisions of the Declaration shall apply to such designated occupant(s) as though they had title to the residential unit, and the occupant and the unit owner shall be bound thereby. For further information on this use restriction, please refer to rule2 of the rules and regulations attached as schedule “A” to the declaration which is attached as Exhibit “1”
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General Use Restrictions:
The Condominium Property, or any part thereof, shall not be used in any manner contrary to the condominium Documents. For Further information on this use restriction, please refer to rule 3 of the rules and regulations attached as Schedule”A” to the declaration which is attached as Exhibit”1” Regulations Attached as Schedule “A” to the declaration which is attached as Exhibit “1”.
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Lawful Use.
No immoral, improper, offensive or unlawful use shall be made of any Unit or the Condominium property. All Laws, zoning ordinance and regulations of all governmental bodies having jurisdiction thereof shall be observed, The responsibility of meeting the requirements of governmental bodies for maintenance, modification or repair of the unit or condominium Property shall be the same as the responsibility for maintenance the requirement of governmental bodies. For maintenance, modification or repair of the Unit or Condominium Property Shall be the same as the responsibility for maintenance and repair of the property concerned, For further information on this use restriction, please refer to Rule 4 of the Rules and Regulations attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Alterations and Additions.
No material alteration, addition or modification to a Unit or modification or installation of electrical wiring, television antenna systems or connections, whether inside or outside the unit shall be made without the prior written approval of the Association, No material puncture or break in the boundaries of a Unit may be made, except as specified to the contrary. For further information on this use restriction, please refer to Rule 5 of the Rules and Regulations attached as Schedule “A” to the declaration which is attached as Exhibit “1”.
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Exterior appearance:
No Improvements or changes may be made to the exterior of the unit or building, including painting or other decoration. NO change may be made to the appearance of any portion of the condominium Property, except as specified to the contrary, No sign (including, without limitation, “for sale” signs), Flag, banner, advertisement,notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed in, or upon any part of the unit or Condominium Property that is visible from the outside. Notwithstanding the immediately preceding sentence, any Unit Owner may display one portable, removal United States flag in a respectful way. All windows and door treatments visible from outside the unit shall be neutral and light in color and shall be subject to such rules and regulations adopted by the association from time to time. Any hurricane or other protective devices visible from outside the unit shall be of a type specified by the Association from time to time. For further information on this use restriction, please refer to rule 6 of the rules and regulation attached as this use restriction and please refer to rules a of the rules and regulation and as Schedule “A” to the declaration which is attached as Exhibit”1”.
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Pets.
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 owner,custodian of each pet and/or individual walking the same shall be required to clean up after the pet. The pet owner and the Owner of the Unit involved shall be strictly liable for damages caused by the pet to the condominium property, Any pet owner’s privilege to have a pet reside in the condominium shall be revoked if the pet creates a nuisance, in the sole discretion of the Board of the Association The term “Pets” shall be limited to dogs, Cats , birds and tropical fish. All other animals are expressly forbidden unless otherwise allowed by the association. No pet shall exceed fifty (50) pounds in weight. No more than two (2) pets are allowed per Unit, tropical fish excluded. No such pet shall be bred or kept for commercial purposes. In addition, breed restrictions shall apply to attack dogs. Notwithstanding the foregoing, no Pit bull dog, venomous snakes or potbelly pigs shall be allowed on any of the condominium property, including, without limitation, units. Pets shall not be permitted outside of its owner unit unless attended by an adult and on a leash not more than six (6) feet long notwithstanding anything to the contrary, seeing eye dogs shall void be governed by the restrictions contained in this paragraph. For further information on this use restriction, please refer to rule 8 of the rules and regulations attached as schedule “A” to the declaration which is attached as exhibit “1”
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Nuisances
No nuisance or any use or practice that is the source of unreasonable annoyance to others or which interferes with the peaceful possession and proper use of the Condominium Property is permitted. Nothing shall be done or kept upon the Condominium property or a Unit which shall increase the rate upon the condominium property or a Unit which shall increase the rate of insurance on the condominium. No instrument, stereo, radio,television or other device shall be played between the hours of 10:30pm and 8:00am. If the same can be heard by any other owners or occupant. For further information on this use restriction, please refer to rule 9 of the rules and regulation attached as schedule “A” to the declaration which is attached as exhibit “1”
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Developer’s Completions and Sale of Units.
Neither the unit owners nor the Association, nor their use of the condominium, shall interfere with the developers completion and sale of the residential units. Anything contained herein to the contrary notwithstanding, the developer may use any unsold unit, leased back model or sales center unit condominium property as may information on this use restriction please refer to rule 10 of the rules and regulations attached as schedule “A” to the declaration which is attached as exhibit “1”
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Children’s use of Facilities
Persons who are not eighteen (18) years of age or older shall not be permitted to use the recreational facilities (if any) of the condominium unless under the supervision of an adult unit owner or lawful occupant over the age of eighteen (18) years except in such cases and under such conditions as the association may from time to time establish and require. Unit Owners shall be responsible for all actions of children visiting or occupying that Unit at all time in and about the condominium property. For further information on this use restriction, please refer to rule 11 of the rule and regulations attached as schedule “A” to the declaration which is attached as exhibit “1”.
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Rules and Regulations.
All units Owners and other persons shall use the condominium property , including the units and all common elements in accordance with the rules and regulations promulgated from time to time by the association and the provisions of the declaration and by-laws of the association, For further information on this use restriction, please refer to rule 12 of the rules and regulations and attached as schedule “a” to the declaration which is attached as exhibit “1”
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Obstructions of
Sidewalk, entrances passages, stairways and all of the common elements intended for ingress may not be obstructed. Encumbered or used for any purpose other than ingress and egress. For further information on this use restriction, please refer to rule 13 of the Rules and Regulations attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Personal property
All personal property of occupants of units shall be stored either within the units or in the storage spaces provided for such purpose (if any). No personal property , except usual patio furniture, may be stored on, nor any use made of , any balcony or patio which is a part of or appurtenant to a unit or the condominium property which is unsightly or which interferes with the comfort and convenience of others as determined by the board of the association, for further information this use restriction please refer to rule 14 of the rules and regulation attached as schedule “A” to the declaration which is attached as exhibit “1”
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Garbage Can
no Garbage cans, supplies or other similar articles shall be placed on the patios or balconies, or upon the Common Elements except as specifically provided or permitted by the Association. Subject to the provisions of F.S. 163,04, to the extent applicable, no rugs, mops, laundry of any kind, or any other similar article, shall be shaken, hung or exposed. So to be visible outside the unit. The Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials , and all garbage and trash shall be properly disposed of in trash receptacles provided for that purpose all garbage and trash shall be placed in plastic bags and tied securely before being placed in trash receptacles. For further information on this use restriction please refer to rule 18 of the rules and regulations. Attached as schedule “A” to the declaration which is attached as exhibit “1”
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Windows
Nothing shall be thrown, hung outside, dropped or permitted to fall from any window, door or other area on the condominium property. For further information on this use restriction please refer to rule 18 of the rules and regulation attached as schedule “A” to the declaration which is attached as exhibit “1”
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Control of employees
No person other than an Association officer shall direct supervise or in any manner attempt to assert any control over the employees of the association. For further information on this use restriction, please refer to Rule 17 of the Rules and Regulations attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Parking
The parking facilities shall be used in accordance with the rules and regulations adopted by the association. The Developer’s, or its designer’s assignment of a parking space to a Unit shall constitute such space as Limited Common Elements for use exclusively by the Owner of the Unit to which the space is assigned, and by any permitted occupant of such Unit. All parking spaces not assigned to Units as a limited Common Element shall be common spaces not assigned to Units as Limited Common Elements shall be Common Elements Used on an “as Available” basis, except for spaces designated for the temporary parking of delivery vehicles, or for vehicles operated by handicapped persons. No vehicle which cannot operate on its own power shall remain on the Condominium Property for more than twelve hours. No repairs except emergency repair of vehicles shall be made in the condominium property . No commercial vehicle , recreational vehicle or vehicle which is an eyesore shall be parked on the condominium property (the term commercial vehicle shall mean any motor vehicle which has an outward appearance of being used in connection with business ( e.g the vehicle display work equipment to view and/ or is commercially lettered and/ or logo shall not, with the sign, logo removed, be considered to be a commercial vehicle unless it meets the definition of “commercial vehicle” even buggy , off-road vehicle trailer bus limousine, travel trailers, or like vehicle shall be delft stored on the condominium property, bicycles shall be parked in the areas, if any, provided for that purpose . washing of vehicles shall only be done in the vicinity of the designated exterior hose bib )if any). For further information on this user restriction please refer to section 4.4 if the Declaration attached hereto as Exhibit :1: and Rule 18 of the Rules and Regulation attached as Schedule :A: to the declaration
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Pass key
The association may retain a pass key to a;; Unit. no new lock will be installed or altered without the prompt delivery of the new key to the association. The unit Owner shall provide, at all times the Association with a key for use by the Association pursuant to its right of access to the Unit. The Association null bit be liable for any entry or to its right of access for further information on this use restriction. Please refer to Rule 19 of the rules and Regulation attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Cooking
No cooking shall be permitted nor shall goods of beverage be consumed on the condominium property outside a Unit except in areas designated (if any) for those purposes by the association, for further information on this use restriction please refer to rule 20 of the rules and regulations attached as Schedule “A” to the declaration which is attached as Exhibit “1’
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Flammable Substances
No inflammable, combustible or explosive fluid chemical or substances shall be kept in any unit, except for small quantities of those which are required for normal household use. For further information this rule restriction, please refer to rule 21 of the Rules and Regulation attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Protection
In event that a unit is unoccupied for an extended period, the Unit must be prepared prior to departure by: (1) removing all furniture plants and other object from the balcony or patio outside the unit l and (2) designated a responsible firm or individual to care for their Unit. should be unit suffer damage the name of the designer shall be furnished to the association, Such firm or individual shall contact the association for permission to install or remove approved shutters or enclosure. For further information on this use restriction. Please refer to Rule 22 of the rules and regulation attached as schedule “A” to the declaration which is attached as Exhibit “1”
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Commercial activity
No commercial or business activity shall be conducted in any unit or on the condominium property. No residential unit owner may actively engage in any solicitations for commercial purpose on the Condominium property. No solicitors of a commercial nature shall be allowed on the condominium Property without the prior written consent of the Association. For further information on th9iis use restriction please refer to rule 23 of the rules and regulation attached as schedule “A” to the declaration which is attached as Exhibit “1”
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Interference with developers
No unit owner shall. N any way, interfere with the construction, sale or rental of any unit by developer. For further information on this use restriction, please refer to rule 24 of the rules and regulation attached as Schedule “A” to the declaration which is attached as Exhibit “1”
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Utilities
- Sewage disposal and potable water service is provided by the city of homestead.
- Storm drainage is provided by on site percolation and a positive drainage system which conduct flow into drainage facilities in the project (note; during periods of heavy rain certain amounts of water will be retained on roadway and on site until dissipated through the drainage system)
- Solid waste disposal is provided by BFI
- Electrical service is provided by Florida power and light company (fp&l
- Telephone service is provided by bell south however, developer reserves the right to change the provider
- Developer shall have the right to install or enter into contract to install a master antenna television system pursuant to a bulk contract with a master antenna television service provider and any such cost associated may or may not be a common expense of the condominium
- Developer reserves the right to enter into cable agreements for the exclusive provision of cable television and internet service to the condominium
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Common Elements / Common Expenses.
The Owners of each unit will own an undivided interest in the common elements of the condominium and shall be obligated for their consist of all parts of the condominium property not included in the units. The common expenses attributable to the condominium. The fraction of ownership of common element and apportionment of common expenses attributable to each unit in this condominium is based on a formula, the numerator of which is 1 and the denominator is the total number of units in the Condominium. (in the Phase or Phases existing at any one time), as set forth in exhibit “5” to the declaration, the foregoing is irrespective of the square footage of the units
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Operating budget
The estimated operating budget for the condominium and a schedule of unit owner expenses are attached as Exhibit “4” of this offering circular
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Estimated closing expenses.
The following is a summary of estimated closing expenses to be paid by a purchaser of a unit
- A pro-rata share of the condominium Association assessment for the month of closing
- A “start up” charge equal to two month’s total condominium association assessment
- An estimated proration of real estate taxes based upon the prior year’s tax bill if the actual bill is not available
- Any utility deposits or fees imposed after the date of the agreement of the sale connection charges, interim service fees or similar charges applicable to the unit. If any
- All other closing cost in connection with this translation including but not necessarily limited to, all sums due to the seller; all sums due to purchaser’s lender, if any; purchaser’s attorney’s fees; other insurance; taxes; escrow fees discount points ;survey charges; appraisal fees; credit reports; mortgage transfer and service fees
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Management of association.
The association will be managed by a board of directors (the “board” the association will maintain and operate the condominium property. THERE IS TO BE A CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY. The association plans to enter into management agreements with a management company for the management of the condominium and the maintenance and operation of the condominium property. No such Agreement or proposed agreement exist as of the date hereof.
The services to be provided pursuant to the management agreement will include.but will not be limited to, the supervision of the following operation, maintenance,. Repair and replacement of condominium property and common elements; the procuring and keeping in force all insurance required by declaration; the maintenance of the association book and records; the preparation and recommendation of budgets for assessment the collection of any common expenses attributable to any master antenna and the collection of assessment from the unit owners. The management agreement shall set forth in detail the service to be provided pursuant to the management agreement. The management agreement shall be terminable by the association without penalty upon not more than 90 day us notice to the other party after a transfer of control of the association to the unit owners or sooner if provided by the chapter 718 of Florida statutes) the condominium act ) as the same may be amended from time to tie
The compensation to be paid to the manager under the management agreement has not been determined. The management fee will be assessed to the unit owner as a common expense of the condominium
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Easements.
There are no existing or proposed easements on the condominium property which are not shown on exhibit “2” (or exhibit “2-A “ as applicable) of the declaration of condominium or described in the declaration, with the exception of cable television internet , security monitoring and utility easements which will be determined by the developer, and the monitoring easement will be to provide access by unit owner to cable television. Internet. Security monitoring and. Or utility services on a fee basis. See paragraph 16 below. Developer reserves the right to create additional easement in the manner and for the purpose set forth in the declaration
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Cable television, Telephone, Security Monitoring and Internet Service
The developer reserves the right to install or negotiate and enter into an agreement to install and provide cable television telephone and internet service any such agreement may be on an exclusive basis and be subject to the requirement of Florida statutes chapter718. The association will join in and consent to the agreement with a provider upon formation of the association. The cost associated with cable television and internet service may or may not be association common expense.