THE PRESERVE AT SAN JOSE CONDOMINIUMS

RULES AND REGULATIONS

  1. General.

(a)All definitions contained in the Declaration of Condominium are adopted and such defined terms are intended to have the same meaning when used in these Rules. For purposes of these Rules and Regulations, several words are defined for clarification:

(i)An owner is one who has purchased a condominium unit. This

includes members of the purchaser’s immediate family who reside in the unit.

(ii)A resident is one who is residing in the unit, whether or not he is an owner.

(iii)A guest is one who is visiting a resident on an overnight or longer basis (up to two weeks – then they become a resident).

(iv)A tenant is one who rents or leases a unit from an owner.

(v)A visitor is one who is invited or drops in for a brief visit.

(b)The Board of Directors of the Association, or the managing agent at the direction of the Board of Directors, will be responsible for implementing and enforcing these Rules and Regulations, and it is expected that all owners, residents, guests, and visitors will cooperate fully. The Board of Directors shall have the authority to interpret these Rules and their determination shall be controlling.

(i)$25 for the first offense, $75 for the second offense, $100 for each occurrence after that, up to a cumulative total of $1000.

(c)The Board of Directors may from time to time establish fines or penalties for violations of the Rules, provided that all fines or penalties are uniformly enforced against all owners and residents in accordance with the Declaration of Condominium and the Articles of Incorporation and By-Laws of the Association (collectively the “Governing Documents”). If any assessed fine or penalty has not been paid within 30 days after written notification to the resident and the owner of the Unit (if the owner is not in residence) the Board of Directors may take enforcement actions against the owner and/or the resident, in accordance with the Governing Documents.

(d) The Board of Directors may delegate some or all of its rights, privileges or responsibilities under these Rules to the management company with which the Association has contracted to manage the Condominium, including without limitation, the interpretation, implementation and enforcement of these Rules.

(e)Any consent or approval given under these Rules by the Association or the manager shall be revocable at any time by the Board of Directors.

  1. Use of Common Facilities. The comforts and facilities of the Condominium are primarily for the use of residents. Owners will be responsible for the actions and behavior of their tenants, guests and visitors, and must be mindful of the rights of other residents. The Association, acting through its managing agent, has the sole authority to operate and maintain the Common Elements of the Condominium i.e. Clubhouse, pool, fitness center, pet park, playground, open courtyard areas behind residential units and to regulate the use of the Common Elements. Individual Owners or other residents of the Condominium do not have the authority to waive or modify any requirements of the Governing Documents or those Rules or to permit the use of the common facilities in violation of the Governing Documents or these Rules.
  1. Units.

(a)All Units must be treated regularly to control pests. The Association may supply pest control services for the inside of each Unit, with the cost thereof being part of the Common Expenses. The Owner either must permit the Association’s pest control company to enter the Unit or must employ a licensed pest control company at the owner’s expense to enter the Owner’s Unit on a regular basis to perform pest control services and must furnish written evidence thereof to the Association. The cost of pest control provided by the Association is a Common Expense and the election of an Owner not to use the service will not reduce the Owner’s assessments.

(b)All windows in the Units must have window treatments. The color of all window treatments visible from outside the unit from the street, parking area or front viewing area of theUnit must be white or off-white. Bed sheets shall not be used as window treatments.

  1. Balconies, Terraces, Patios, Porches and Unit Exteriors.

(a) It is prohibited to hang towels, laundry, rugs, or other items from the windows, fences, or in or on terraces, patios, porches, balconies, stair railings, trees, or from any of the facades of the condominium buildings. No awnings or window guards shall be used without the prior written approval of the Board of Directors. The foregoing does not prohibit a resident from displaying one removable United States flag in a respectful manner. Laundry must be removed within a reasonable amount of time. No clothes lines are to be installed / used on porches / balconies.

(b)Balconies, terraces, patios and porches, common and limited common areas (under stairs, in breezeways, etc.) may not be used for storage. Except for porch furniture, potted plants, bar-b-q grills and other items specifically approved by the Board, no other objects shall be left on a porch or balcony when not in actual use, including without limitation children’s toys, umbrellas, appliances in disrepair, and dead or dying potted plants. All furniture and other objects shall be removed from balconies or terraces during hurricane warnings and other periods of high winds. No more than 2 bicycles allowed on porches / balconies, and must not be in disrepair.

(c)When not in use and after appropriate cooling periodall grills must be kept off of the common elements either inside storage units or on balconies/patios. Gas grills, by county ordinance, must not be attached to tanks when not in use. No fire whether in grills or other appliances,shallbe lit inside a unit, onpatios,balconies, or front entrances. All BarB-Q cooking must be done in the rear of units. Once cooled, grills must be removed off of common areas. Removal must be within a reasonable time, but no longer than eight (8 hours).

(d)The exterior of the Units, including the doors, porches, balconies and patios shall not be painted, decorated, enclosed or modified in any manner without prior written approval of the Board of Directors in accordance with the provisions of the Governing Documents. No drilling, nailing or other penetration of the exterior walls of buildings, including porches and patio walls is permitted. No wiring for electrical or telephone equipment and no installation of any type of television antennae, satellite dish, air conditioning units or other extraneousequipment shall be permitted on the exterior of buildings, walls or roofs of buildings except as authorized in writingby the Board of Directors.

(e)Stairs, patios, porches, and balconies are the responsibility of the unit owner to keep clean and clear.

(f)Holiday decorations must be removed one day after the specific holiday, with the exception of the winter holiday season, which must be removed by January 7th.

  1. Nuisances and Disturbances.

(a)No Owner, resident, guest or visitor shall use or allow the use of any portion of aUnit or any portion of the Association’s common elements at any time, in any way or for any purpose which may endanger the health or safety of other owners or residents, or which may unreasonably annoy, disturb, cause embarrassment or discomfort to other owners or residents. In particular, no person may use or allow the use of a Unit or the Common Elements in any manner which creates noises disturbing to residents, including without limitation, loud vocalizations, heavy percussion on the floors / walls, barking dogs, or the use of audio-video equipment (stereos, TVs, Home Theatres, etc.) that, in the sole discretion of the Board of Directors, interferes with the rights, comfort or convenience of the other residents. This applies to each Unit and the Common Elements, including the pool areas and community buildings.

(b)It is prohibited to use audio equipment in any motor vehicle on the Condominium Association Property at volume levels that can be heard outside of the vehicle by a person with normal hearing and sensibilities.

(c)Except in the case of an emergency, vendors are allowed on-site to perform work and/or make deliveries and pick-ups only during the following times:

Monday – Friday 7:30 AM – 7 PM (when daylight)

Saturdays 9 AM – 7 PM(when daylight)

No work is to be performed on Sundays or holidays.

(d)The illegal display and/or discharge of firearms,fireworks, or other explosive devices on the Association’s Common Elements or Limited CommonElementsis prohibited, except by law enforcement officers in the performance of law enforcement duties. The term “firearms” include “B-B” guns, pellet guns, and other firearms of all types, regardless of size.

  1. Clubhouse, Fitness Center, Playground and Pool Areas. The Recreational facilities are for the use of residents. Hours of operation and noise restrictions must be strictly observed and enforced. Residents will be financially responsible for any damages incurred by themselves, their guests, or anyone within their party.

(a)The clubhouse is open, upon written request to the managing agent. A deposit of $500 is required, which will be returned if the clubhouse is left in clean, undamaged condition. Deposit will not be returned until key is returned to The Association. If cleaning is necessary, a fee of $150 will be retained. A fee of $150 will be charged for the use of the clubhouse. A rental agreement and rules and regulations for the clubhouse may be obtained from the management company. Both documents MUST be signed prior to taking possession of the key for the rental period.

(b)The fitness center requires key access and is open 24 hours a day. The fitness center is for the use of residents and their guests, eighteen (18) years of age or older. Minors sixteen (16) years of age or older MUST be accompanied in the fitness center by an adult. No minor under the age of sixteen (16) years of age are permitted in the fitness center under ANY circumstances. All equipment must be wiped down immediately after individual use. No food or drink allowed within the fitness center, with the exception of water.

(c)The pool, spa and pool area is open from 8:00 AM until 8:00 PM, Monday through Sunday.

1)Key access required to enter the pool area. Access is for residents in good standing and their guests only.

2)Gate must be closed and locked at all times.

3)NO DIVING OR RUNNING PERMITTED AT ANY TIME!

4)No more than 4 children are to be supervised by one adult at anytime.

5)Only pool/aquatic attire is allowed in pool. The following attire, included but not limited to, cutoffs, boxers, under clothing, diapers or “street wear” of any kind is not allowed as swim wear. T-shirts worn over bathing suits to aid in sun protection are allowed.

6)No riding of bikes, skateboards or roller-equipped shoes in pool area.

7)Children under the age of 16 must be supervised by a responsible adult.

8)Absolutely no pets in the pool/cabana area.

9)Guests of residents must be accompanied by their host at all times, except in the case of overnight house guest.

10)All persons using the swimming pool, spa / hot tub or pool areado so at their own risk.

11) No children under 16 are permitted in the spa at ANY time.

12)No more than six (6) guests per resident allowed without prior permission of the Board of Directors. BOD or Management Company must be notified in advance of pool parties of six (6) or more

13)Residents are personally responsible for anyone they let into the pool gate/area. Access to the pool area is monitored by video camera and key access logs.

14)All persons must shower thoroughly before entering the pool.

15)No children in regular diapers are allowed in the pool water. Children who are not “potty trained” must be in a purchased swim diaper before being allowed in the water. Any occurrence of an improperly clad baby in the pool will necessitate the pool being closed for 24 hours.

16)No food or beverage is allowed within four feet of the pool beams (edge of pool) or inside pool itself.

17)In no event shall glass containers or glass objects be permitted inside the pool fence area.

18)No alcoholic beverages allowed inside the pool area, except during events sponsored by the HOA.

19)Residents are required to clean up the area they use, included but not limited to lowering of umbrellas and removal of food and beverage items, wrappers, bags, etc. All trash is to be put into the receptacles provided and/or removed from the premises.

20)Persons using suntan oil, lotion or any other similar substance shall not use poolside furniture unless such furniture is completely covered by a towel or other protective material.

21)No sitting or hanging on the slope-line rope or its floats.

22)Parking for pool/clubhouse/fitness center is in front or on far side of clubhouse

23)All residents, and their guests, are expected to conduct themselves properly while utilizing the pool area. Anyone found to be a nuisance will be asked to leave, and may be removed by JSO (at the direction of a sitting Board Member).

24)If thunder and or lightening are present, the pool is to be vacated immediately will remain closed until the storm passes.

(d)The playground is ONLY for children 12 years of age and under, and MUST BEsupervised by someone 16 years of age or older.No one over the age of 12 is allowed on the playground equipment. No animals or pets are allowed in the playground at any time. The playground is open from 8 AM until dusk.

  1. Signs. No one shall post any signs, advertisements, or posters of any kind in the Common Elements or in windows, on porches, or any other areas of a Unit; or in or on vehicles. This includes “For Sale” and “For Rent” signs except as authorized by the Governing Documents or the Board of Directors.
  1. Access.

(a)Driveways, parking lots, sidewalks, entrances, stairways, and passageways shall not be in any manner obstructed or used for any purpose other than access to and from the Units and the Common Elements. Any damage to the Common Elements or any equipment located thereon caused by an Owner, his children, guests, visitors or tenants shall be repaired at the expense of the Owner.

(b)The managing agentof the Association or any contractors or workmenauthorized by the Association may enter any Unit at any reasonable hour of the day for any purpose permitted under the Governing Documents. However, except in an emergency, entry will be made only by prearrangement with thehomeowner and/or resident.

(c)Any “Oversized Vehicle”, as defined in Section 13 paragraph (b) is not permitted on property without the express permission of the Board of Directors or their governing agent, with the exception of delivery vehicles during the duration of making a delivery.

  1. Storage. No part of the Common Elements shall be used for storage of any materials, vehicles, or any other items, except in areas designated in the Governing Documents or by the Board of Directors. No flammable oils, fluids, explosives or other articles deemed hazardous shall be stored on the premises.
  1. Refuse. All trash, garbage and other refuse shall be placed INSIDE refuse disposal containers. Individual trash containers must be kept INSIDEthe Condominium Unit and may not be stored on, in, or underterraces, porches, patiosbreezeways, stairwells, or balconies.

Trash shall not be left sitting outside of any unit. All trash is to be placed in the proper trash receptacles for pick-up. Cardboard boxes must be broken down and placed inside trash receptacles. Furniture, appliances, mattresses, rugs carpeting, construction debris and the like are prohibited and any such items placed in the dumpster area require a special pickup. The cost of $50.00 per item will be imposed for each such dumped item and will be charged to individuals who dump such items. Such charge(s) will be in addition to applicable fines.

  1. Children. Residents shall be responsible for the actions of their own children and children of any invitees and for any damages to the Association’s Common Elements caused by their children or the children of their guests or visitors. A responsible adult must accompany children under the age of sixteen (16) using the swimming pool. Children under 12 shall not play on or about the common elements without supervision by an adult responsible for the welfare and activity of the child. Bicycles, skateboards, roller skates and the like shall be ridden on paved areas onlyadjacent to the unit the children are associated with and specifically excludes areas surrounding the Clubhouse, fitness center and pool area; children under the age of 12 shall be supervised by a responsible adult. Children shall be kept out of the planted areas.
  1. Rentals and Guests. Leasing of the unit by the owner shall be permitted under the following terms and conditions:

(a)Only entire Units may be leased. No rooms may be rented and no transients may be lodged in a Unit. Occupancy by tenants is restricted to two (2) persons times the number of bedrooms in the Unit.

(b)The minimum lease term for the leasing of a Unit is seven (7) months.

(c)The Unit Owner and the tenant will be jointly and severally liable for any damages to the Condominium Property or any loss, liability or obligation incurred by the Association caused by the tenant or the tenant’s guests. The Tenant will be required to post a security deposit with the Association in an amount no greater than one month’s rent to secure reimbursement for damages caused by the tenant or the tenant’s guests or to pay fines for violations by the tenant or the tenant’s guests. This security deposit is in addition to any deposit required by the Unit Owner. Deposits are as listed below: