THE CHARTER CLUB AT MARTIN DOWNS
HOMEOWNERS’ ASSOCIATION, INC.
2002 SW Olympic Club Terrace
Palm City, FL 34990
(772) 288-6314
RULES & REGULATIONS #14
RESALE AND RENTAL PROCEDURES
Issued 9-24-97
Revised 7-5-00, 3-28-07
R & R # 14 contains two parts addressing Resale Procedures In Part 1 and RentalProcedures in Part 2.
PART 1: Resale Procedures
To ensure that all prospective new owners receive the Charter Club Homeowners Documents and Rules and Regulations prior to home purchase, the following procedure will be followed. This procedure will also ensure that the Charter Club register of home-owners is kept current.
- The Charter Club Property Management Company (Agent) will send the attached letter and the Summary of Homeowners Documents and Rules and Regulations to the prospective buyer when the Charter Club Property Management Company becomes aware of a pending home sale. This awareness may result from an inquiry from a Title Company, agent or purchaser as to the lot owner’s maintenance fee status and possible HOA liens on the property.
- The Charter Club Property Management Company will have new owners complete and sign the attached Charter Club Resident Information Form before the residents telephone number is entered into the gate entry system. The Property Management Company is to use this information to update and keep current the Register of Homeowners, Renters (including other types of non-ownership living arrangements) and Other Residents in the household.
- When the Charter Club Resident Information Form is completed, The Charter Club Property Management Company will send a copy of the form to the chairperson of the Safety/Security Committee and to the chairperson of the Welcoming Committee.
CHARTER CLUBAT MARTIN DOWNS
HOMEOWNERS’ ASSOCIATION, INC.
2002 SW Olympic Club Terrace
Palm City, FL34990
(772) 288-6314
FAX (772) 288-1350
Date ______
Name______
Address______
Dear:
For your information, I have enclosed an up to date copy of a Summary of the Charter Club Homeowners Documents and Rules and Regulations. If you have not already received a copy of the actual documents, you should obtain a copy by contacting the agent, or seller, or the Charter Club Property Management Company.
All homeowners and residents in the Charter Club are obliged to comply with these documents. If you have any questions please call me at (772) 288-6314.
I have also enclosed a copy of the Charter Club Resident Information Form that should be returned to me as soon as practical. If your Charter Club phone number is not available, you can supply that information when you receive it. I will facilitate your use of the gate entry system when I receive a completed Charter Club Information Form.
Property Manager
CHARTER CLUB AT MARTIN DOWNS
HOMEOWNERS’ ASSOCIATION, INC.
2002 SW Olympic Club Terrace, Palm City, FL34990
(772) 288-6314, FAX (772) 288-1350
RESIDENT INFORMATION & EMERGENCY NOTIFICATION FORM
I/we have received an up to date copy of the Charter Club Rules and Regulations, Declarations of Restrictions, Articles of Incorporation and By-Laws, and I/we will comply with them. Owner(s) Renter(s) Other
Signature(s)______Date______
Name(s) of the above (Print)______
Charter Club Address______and Phone No. ______
Other Household Occupants: (State relationship and age if under 18)
______
Name Relationship Age if under 18
______
Name Relationship Age if under 18
______
Name Relationship Age if under 18
Total number of persons ______, Number of cats ______, Number of dogs ______
EMERGENCY NOTIFICATION INFORMATION
Employer:______, Phone No.______
Other emergency contacts:(At least one contact should be living in the local area)
Name ______, Phone No.______
Does this person have a key to your home Yes No
Name ______, Phone No.______
Does this person have a key to your home Yes No
TO BE COMPLETED BY OWNERS ONLY
Summer or Billing address & phone no. (if different from Charter Club address & phone no.)
Address______,
PhoneNo.______
CHARTER CLUB AT MARTIN DOWNS
SUMMARY OF HOMEOWNER DOCUMENTS AND RULES AND REGULATIONS
These excerpts are only some of the restrictions and obligations contained in the Charter Club Homeowner Documents and Rules and Regulations that are binding on all Owners, Renters and Guests. All Owners and other persons shall use the Properties in accordance with the obligations and restrictions contained in the Homeowners Documents and Rules and Regulations. This list does NOT replace the Homeowners’ Documents, (which are the Declarations of Restrictions (DOR), the Articles of Incorporation, the BY-LAWS) or Rules and Regulations.
* Each new owner and/or renter (incl. other types non-ownership living arrangements) shall complete the Charter Club Registration Form and return it to the Charter Club Property Manager. (R&R # 14)
* Only one (1) domestic pet may be kept so long as the pet does not exceed fifty (50) pounds in weight and does not constitute a nuisance. Seeing-Eye dogs shall not be governed by weight restrictions. All pets shall be walked on a leash not to exceed six (6) feet in length.
No pet shall be permitted outside except on a leash. All pets shall defecate only on the “pet walking” areas on the Properties designated for such purpose or in the homeowner or renter’s yard. Pet owners shall immediately clean up all such matter created by the pet. No farm animals, birds or reptiles shall be kept on any lot. (R&R # 13)
* Any change or modification to your property exterior requires prior approval of the Architectural Control Committee. This includes all exterior construction, landscaping and painting. No temporary or permanent utility or storage shed, building, tent, structure or improvement shall be constructed, erected or maintained. No stable, livery stable or barn shall be erected, constructed, permitted or maintained. (R&R #”s 1, 2, 3 and 8)
* No recreational vehicles, trucks (including pickup), commercial vans, motor homes, mobile homes or other habitable motor vehicles, motorcycles, boats, trailers, or the like, may be placed, parked or stored upon any portion of the Common property including the road or upon any portion of a Parcel except within the garage totally removed from public view. Four-wheel passenger automobiles can be parked in the driveway. (R&R # 21)
* Parking of vehicles and boats on the lawn is never permitted since damage to the sprinkler system and/or the sprinkler heads is a real possibility. All vehicles, except four-wheel passenger automobiles, must be parked in the garage. All motor vehicles must observe the posted 15-MPH speed limit and stop at the all Stop Signs. (R&R # 21)
* No Sports equipment or toys may be left on front lawns, driveways or side yards. Backyards enclosed by walls may be utilized upon approval of ACC. Portable basketball hoops are permitted on driveway when in use, but must be placed in garage when not in use. Basketball hoops may be used during daylight hours only. (R&R # 8)
* Residents are strongly encouraged to keep their garage doors closed during the day and evening for security and aesthetic reasons. (R&R # 8)
* Persons under sixteen (16) years of age shall NOT be permitted to use the recreation facilities unless under the supervision of an adult lot Owner or lawful Occupant over the age of eighteen (18) years. Parents shall be responsible for all actions of their children at all times in and about the Charter Club. (R&R # 9) (DOR)
* All personal property (bicycles, scooters, wagons, balls, baseballs, basket balls, softballs, soccer, tennis rackets, roller skates, roller blades, etc.) must be stored inside at night. They cannot be left out at night. (R&R # 8)
* All garbage cans, trash containers, bicycles, and other personal property shall be kept, stored and placed in an area not visible from outside the dwelling. (DOR)
* Each Lot is restricted to residential use. Neither trade nor business shall be conducted, nor any commercial use made of any lot or on the Properties that requires excessive traffic, noise, or advertising or signs placed at the homesite. (DOR)
* No television or radio masts, towers, poles, antennas, satellite dishes, aerials or appurtenances may be erected, constructed, or maintained, unless preempted by governmental authority. If governmental authority preempts this restriction, the placement of the device maybe subject to landscape or other screening requirements which will not impair the device’s installation, maintenance or unreasonably increase the cost of its use or installation, nor preclude reception of an acceptable quality. Although Architectural Control Committee prior approval is not required, it would be prudent to obtain the post-installation Architectural Control Committee aesthetic requirement prior to installation. (DOR & FCC Regulations)
* No “for sale” or “for rent” signs or other displays or advertising shall be maintained or permitted, except in locations as approved by the Architectural Control Committee. This includes signs in or on vehicles, boats etc.(R&R # 8)
* All lots shall be kept in a clean and sanitary manner and no rubbish, refuse or garbage allowed to accumulate, or any fire hazard allowed to exist. (DOR)
* No fences shall be installed on Lot without Architectural Control Committee prior approval ACC. (R&R # 8)
* No depositing of water or other foreign substances into the lakes is allowed within the Charter Club. (R&R # 19)
* No nuisance shall be allowed upon any lot or any use or practice that is a source of annoyance to other Owners or interferes with the peaceful possession and proper use of the lots by the Owners thereof. This includes feeding wild animals, which is considered a nuisance and destructive. (DOR)
* No immoral, improper, offensive or unlawful use shall be made of any lot and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be strictly observed. (DOR)
* No fishing, swimming, docks or vessels shall be permitted in the lakes contained within the Charter Club. No owner may construct a sprinkler system on Lot or interfere with sprinkler system of the Association. No owner shall drill a well on Lot. (DOR)
PART 2: Rental Procedures
The purpose of Part 2 is to promote the health, safety and welfare of the members.
Part 2 is not to be used to unreasonably restrict a member's ability to rent their property.
To help assure that this does not happen:
- The Security Deposit must consider only realistic estimates of:
a) damage to common property (e.g.: the irrigation system, mailboxes, recreation
area, gate, etc.);
b) traffic fines; and c) fees that apply to enforcement action.
- The use of the Background Check as a reason for rejection is limited to those matters
that can be reasonably related to protecting the health, safety and welfare of the members.
Notice To Prospective Renters:
The Homeowner's Association of The Charter Club at Martin Downs is pleased you have selected our community for your rental residence. For many of us "planned community living" is a new way of life. While we realize this lifestyle may not suit everyone, we have found it most effective. Each renter is entitled to complete use of their own residence as well as common area amenities, but such use must not conflict with the rights of other homeowners.
The Charter Club at Martin Downs is a single family community. A single family consists of individuals related by blood, marriage, significant other or legal adoption including offspring thereof, with no more than one additional unrelated person occupying the dwelling as a single housekeeping unit. Sub-leasing by the lessee is not allowed. A single family occupancy is limited to no more than 2 persons per bedroom. In the case of a single family with more than 2 children, this rule may be waived by the Board for just cause. It is vital that the Association have rules and procedures designed to preserve this single family community quality.
We are governed by our Articles of Incorporation, By-Laws, Declaration of Restrictions, and Rules and Regulations. These documents spell out the way the Association manages our property. You will find these common sense directives produce a well-run, pleasant environment for you and your family. At the same time, this accepted approach is designed to insure positive real estate value for each and every homeowner.
Every owner of a lot shall be a member of The Charter Club at Martin Downs Homeowner's Association, and shall be entitled to one vote for each lot owned. This voting right is not assignable to the renter / lessee.
Attached you will find an overview of rental procedures and R & R -14, Part 2 – with forms. This is the information necessary to make the processing of your rental application smooth and trouble-free. Please acquaint yourself with the forms and feel free to ask your real estate agent for assistance or call our the Charter Club office at 772-288-6314
Notice Enclosures: Summary of Governing Documents and Rules and Regulations pages 4 & 5 and Part 2 documents (Pages 12 through 18)
OVERVIEW OF RENTAL PROCEDURES Part - 2
1. Owners Notice To the Association of Intention toRent - An Owner intending to rent / lease of his/her home shall give to the Association a written notice of his / her intent to rent. IT IS REQUIRED THAT THIS NOTICE BE GIVEN TO THE ASSOCIATION BEFORE YOU OR THE PROSPECTIVE RENTER SIGN A CONTRACT TO ASSURE THAT THE YOU HAVE COPIES OF THE LATEST FORMS AND DOCUMENTS THAT MUST BE COMPLETED BY THE PROSPECTIVE RENTER. AS AN OWNER, THE USE OF THE FORMS BEFORE THE CONTRACT SIGNING PROTECTS YOU AGAINST AN ALLEGATION OF LESS THAN FULL DISCLOSURE OF COMMUNITY RULES BY A RENTER. Upon notification the Association will mail or deliver the necessary package of materials to you.
2. Application For Occupancy Form - The name and address of the intended renter, along with other requested information shall be required in this application form. It is the owner’s responsibility to see that the required forms are completed and delivered to the Association's Agent (Property Manager). If the forms are not completed they will not be processed and will be returned.
3. Assurance of Timely Processing of A Fully Completed Application For Occupancy Form - Within five (5) business days after the interview meeting by the Association’s Agent Committee, the Board shall either accept , reject or list in writing the objections to the Application that must be remedied by the Applicant to obtain acceptance of the Application. Failure of the Board to act seven (7) business days after the interview/meeting (approval or rejection) recommendation is received shall be deemed to constitute acceptance.
4. Owners Responsibility For Assessments - No owner shall rent / lease his / her property nor shall acceptance be given until all assessments, fees, and charges past due are paid to the complete satisfaction of the Association.
5. Owners Liability - If an owner leases or rents his / her property, he / she shall remain liable for the performance of all the agreements and restrictions in the Governing Documents, including Rules and Regulations and he / she shall be liable for the violations and fines of the renter.
Page 1 of 18R & R # 14 Part 1 - Resale & Part 2 - Rental Process Revision 3/28/07
THE CHARTER CLUB AT MARTIN DOWNS
HOMEOWNERS' ASSOCIATION, INC.
Part 2 - RENTAL
RULES AND REGULATIONS
For the benefit of all residents, the following Rental Rules & Regulations will be enforced by the Association and its Committees. All homeowners, renters / lessees are required to become familiar with the complete set of Rules & Regulations.
1. Occupancy of The Charter Club Dwellings
Prospective renters / lessees must submit a completed application for occupancy and an acknowledgement agreement form, using the forms promulgated by the Board, and other required documents to the Association’s Agent (Property Manager) together with a non-refundable processing fee of one-hundreddollars ($100.00) per single family occupancy and a refundable two hundred fifty dollars ($250.00) Security Deposit. Failure to comply prior to occupancy constitutes a "prohibited occupancy".
Prospective renters / lessees shall be required to submit a security deposit of $250.00 as a Common area damage deposit.. This deposit Iess damage costs, if any, will be refunded at the expiration of the lease. Send the Checks, Application, Acknowledgement & Agreement Form to the Association’s Agent.
Owners are responsible for their recreation keys and transfer to the renter. Owners may not use the recreation facilities during the period the dwelling is rented.
All adult rental applicants must personally meet with the Association’s Agent Committee, pay the $100.00 processing fee and the $250.00 Security Deposit, and receive the Certificate of Occupancy signed by the Board of Directors prior to occupancy. If needed, telephone interviews are permissible.
Occupancy prior to the payment of the $100.00 processing fee and $250.00 Security Deposit, and the signing of the Certificate of Occupancy by the Board of Directors is prohibited and for each month of such illegal occupancy, the owner will be liable for a fine of $50.00 and the tenant / occupant will be additionally liable for a fine of $50.00.
Page 1 of 18R & R # 14 Part 1 - Resale & Part 2 - Rental Process Revision 3/28/07
Legal action will be filed to secure the payment of all legal costs, fines and fees resulting from occupancy prior to the Board's signing of the Certificate of Acceptance, and payment of the processing fee and the Security Deposit.
2. Single-Family Occupancy
The Charter Club at Martin Downs is a single-family community. A single family rental occupancy shall consist of people related by blood, marriage, significant other or legal adoption including offspring thereof, with no more than one additional unrelated person occupying the dwelling as a single housekeeping unit. Sub-leasing by the lessee is not allowed. A single family occupancy is limited to no more than 2 persons per bedroom. In the case of a single family with more than 2 children, this rule may be waived by the Board for just cause. Residents that stay more than 30 days in a calendar year must register at the Charter Club office.
3. Charter Club Association’s Agent Committee
The Agent (Property Manager) one Board Member and one Volunteer meet as required on Wednesdays at the Community Pool Office Complex to review rental application forms, unless notified differently.
Applications, forms, processing fees and Security Deposits are due twelve (12) days prior to any meeting. Applications must be submitted to: