Harbortown Marina Condominium Association, Inc.
1. A Unit Owner shall not permit or suffer anything to be done or kept in his Unit or
Vessel which will: (i) increase the insurance rates on the Common Elements; (ii) obstruct or interfere with the rights of other Unit Owners or the Association; or (iii) annoy other Unit Owners by unreasonable noises or otherwise. A Unit Owner shall not commit or permit any nuisance, immoral or illegal act in his Unit or on the Common Elements.
2. A Unit Owner (with the exception of the Commercial Unit Owner and Developer,
for so long as the Developer is a Unit Owner) shall show no sign, advertisement or notice of any type (except for lettering, registration numbers, flags and other displays customarily found on recreational watercraft) on the Common Elements, or other portions of the Condominium property or in or upon his Unit or Vessel so as to be visible from the Common Elements, or any public way, except as may
be previously and specifically approved in writing by Master Declarant and the Board. Included in the foregoing prohibition are "For Sale" signs. Developer specifically reserves the right to place and maintain identifying or informational signs on the Condominium Property as well as any signs in connection with its sales activities.
3. Except as provided under the rules and regulations promulgated by the
Association from time to time and the Master Owners Association, a Unit Owner and/or resident shall not board, raise or breed and pet or other animal, livestock or poultry upon any portion of the Condominium Property. A Unit Owner and/or resident is permitted to temporarily keep a domestic pet on a Vessel in his or her unit; provided, however, that no Unit Owner and/or resident shall board or otherwise permanently keep a domestic pet on a Vessel or any portion of the Condominium Property without the prior written permission of the Board. Such permission in one instance shall not be deemed to constitute blanket permission in any other instance and any such permission may be revoked at any time in the sole discretion of the Board. However, under no circumstances will any dog whose breed is noted for its viciousness or ill-temper, in particular, the “Pit Bull” (as hereinafter defined), Rottweiler, Mastiff, Presa Canario, or any crossbreeds of such breeds, be permitted on any portion of the Condominium Property. A “Pit
Bull" is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying a majority of the physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. No exotic pet or any animal of any kind which has venom or poisonous defense or capture mechanisms, or if let loose would constitute vermin, shall be allowed on any portion of the Condominium Property. Trained seeing-eye dogs will be permitted for those persons holding certificates of blindness and necessity. Other animals will be permitted if such animals serve as physical aides to handicapped persons and such animals have been trained or provided by an agency or service qualified to provide such animals. The guide or assistance animal will be kept in direct custody of the assisted person or the qualified person training the animal at all times when on the Condominium Property and the animal shall wear and be controlled by a harness or orange- colored leash and collar. Pets may not be kept, bred or maintained for any commercial purpose. Any per must be temporarily caged, carried or kept on a leash when outside of a Vessel. No pet shall be kept tied on a Vessel or on the Common Elements, unless someone is present in the Vessel in the Unit. A Unit Owner shall immediately pick up and remove any solid waste deposited by his pet. The Unit Owner shall indemnify the Association and hold it harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal within the Condominium Property. If a dog or any other animal becomes obnoxious to the Unit Owners by barking or otherwise, the Unit Owner thereof must cause the problem to be corrected; or, if it is not corrected, the Unit Owner, upon written notice by the Association, will be required to permanently remove the animal from the Condominium Property. No birds or exotic pets such as snakes and reptiles shall be permitted on any portion of the Condominium Property. The Association will promulgate rules and regulations from time to time designating other rules as necessary to regulate pets.
4. No clothesline or other similar device shall be allowed in any portion of the
Common Elements. Clotheslines in or on a Vessel shall be concealed from view from all portions of Harbortown Marina, a Condominium.
5. No outside television, radio, or other electronic towers, aerials, antennae, satellite
dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any portion of the Common Elements or upon any improvements thereon, except that this prohibition shall not apply to those satellite dishes installed upon Vessels specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association is empowered to adopt rules governing the types of antennae which may be permitted on Vessels and restrictions relating to safety, location and
maintenance of antennae. This Paragraph shall not apply to Developer nor shall it apply to electronic devices on Vessels.
6. The Condominium Property shall be used solely and exclusively for Vessel
mooring and for no other purposes whatsoever. Only pleasure and leisure Vessels, which have been inspected and approved by the Board, in seaworthy condition and under their own power maybe moored in the Units. All operators of Vessels shall observe all posted speed limits and other rules and all “rules of the road" when in Condominium Property waters and shall be responsible for the safe speed and handling of Vessels operating within the Condominium Property waters. The Condominium Property waters maintain a “no wake” zone that must be observed at all times. Vessels shall at all times comply, and be operated in compliance, with all applicable Association, city, county, state and federal laws, rules and regulations pertaining to the operation and storage of watercraft.
7. Unit Owners are solely responsible for the proper mooring of their Vessels and
are required to maintain mooring lines in good condition and sufficiently strong to secure their Vessels at all times. All mooring lines shall be kept on the Vessel when not in use. Any special mooring rules and procedures issued by the Association shall be complied with at all times. If a Unit Owner does not properly moor his or her Vessel and the Association must secure if, the Association can charge such Unit Owner for all costs associated with securing such Vessel. No Unit Owner shall utilize metal mooring line chains for mooring of a Vessel.
8. Units shall not be used for residential purposes and may be used for recreational
purposes only.
9. Vessels operated during the nighttime inside the Condominium Property shall be
properly equipped with the navigational lights and shall be operated in accordance with all applicable international, federal and state rules and regulations pertaining to the operation of Vessels.
10. No Vessel shall be moored in any finger pier in such a manner that any portion of the Vessel (including, but not limited to, any appurtenances thereto) protrudes more than five percent (5%) of the Unit's length beyond the perimeter of the Unit(s) within which such Vessel is moored. Notwithstanding the foregoing, no Vessel shall be permitted in any parallel Unit(s) unless such Vessel can be moored in a manner which leaves two and one-half (2-1/2) feet of clearance between an adjacent Vessel (including, but not limited to, any appurtenances thereto) and the perimeter of the Unit(s).
11. During hurricanes and other high velocity wind threats, each Unit Owner shall be
responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, U.S. Coast Guard, the Association or any other applicable agency or the County. If
any Unit Owner's Vessel sinks as a result of a storm, or for any other reason, the Unit Owner must remove the sunken Vessel from the Condominium Property immediately after the occurrence of such event and, if not so removed within three (3) days after the sinking, the Association may (but shall not be obligated to) remove same and impose a special assessment in the manner provided for elsewhere herein against the Unit Owner for the cost of said removal. Each Unit Owner shall be deemed to automatically agree to indemnify and hold harmless the Association, its agents, employees and designees from any and all loss, expense or damage incurred in connection with the exercise or non-exercise of the Association's rights under this Paragraph 12 including, but not limited to, any expense or damage caused by exercise of its rights with regard to a Vessel of a lessee or invites of a Unit Owner. If a Unit Owner plans to be absent during the hurricane season, such Unit Owner must: (i) prepare his Unit and secure or remove, as appropriate, his Vessel prior to his departure in accordance with the standards established by the U.S Coast Guard or any other governmental or quasi- governmental entity having jurisdiction, and/or the Board (or in the absence thereof, with all due care); and, if his Vessel is not removed, such Unit Owner must: (ii) designate a responsible firm or individual to care for his Unit and Vessel or remove his Vessel should there be a hurricane or other storm requiring such removal in accordance with the forgoing, and provide such firm or individual with keys to his Vessel, and furnish the Association with the name(s), address and telephone number of such firm or individual. Such firm or individual shall be subject to the approval of the Association. The Unit Owner shall be liable for any and all damages caused to the Common Elements, Limited Common Elements or to the Unit(s), Vessel(s) or other property of other Unit Owners or guests or lessees of such Unit Owner for such Unit Owner's (or his guests or lessee's) improper preparation or failure of removal, as the case may be, of his Unit and Vessel, as applicable, for hurricane and other storms. Notwithstanding anything contained herein to the contrary, the Association may also levy fines in accordance with the applicable rules and regulations, if any, if the Unit Owner or guests or lessees of the Unit Owner fails to abide by the provisions of the Paragraph. Notwithstanding the right of the Association to enforce the forgoing requirements, the Association shall not be liable to any Unit Owner or other person or entity for any damage to persons or property caused by a Unit Owner's failure to comply with such requirements.
12. No nuisances shall be allowed in the Condominium Property, nor shall any use be
allowed which is an unreasonable source of annoyance to other Unit Owners or which interferes with peaceful and proper use of the Condominium Property as a mooring facility. No activity shall be allowed in the Condominium Property which is an unreasonable source of noise, including but not limited to, loud generators, televisions and radios, between the house of 11:00 p.m. and 4:00 a.m.
13. No improper, offensive, hazardous or unlawful use shall be made of the
Condominium Property or any part thereof, and all laws, zoning ordinances and
regulations of all governmental or quasi-governmental authorities having jurisdiction thereover shall be observed.
14. No Unit Owner shall erect or maintain any fence or other barrier, or other
structure or improvement on any portion of the Condominium Property. No Unit Owner shall keep or store any gear or equipment or other items on a finger pier, dock or sea wall, except enclosed in a Dock Storage Box. Each Unit is provided a Dock Storage Box which is the only dock storage box allowed. Without limiting the generality of the foregoing, this restriction shall not apply to steps or ladders attached to appropriate Common Elements and to the edge of docks in order to board Vessels, provided such steps and ladders do not interfere with the use of the other Unit Owners of their Units. Not withstanding the foregoing, no flammable, combustible or explosive fluids, chemicals or substances (other than fuel and oil in a Vessel's engine system) shall be kept in any Dock Storage Box or within the Condominium Property; provided, however, that solvents and cleaning substances may be kept in Dock Storage Boxes, if stored in a safe manner and in accordance with applicable fire codes and insurance requirements.
15. No open fires shall be permitted on any Vessel, or anywhere within the
Condominium Property, except in marina-safe grills and other devices which may be approved for such use by the Board, and no charcoal, starting fluids or similarly used substances shall be kept in any portion of the Condominium Property except with a device which has received the prior written approval of the Association.
16. No fish or other marine life of any kind shall be cleaned or processed in any
manner on any Vessel, the Condominium Property or Common Elements except in those portions of the Common Elements specifically designated for such use by the Board. The dumping of fish remains on the Condominium Property or into the waters of or adjacent to the Condominium Property is strictly prohibited.
17. The Association shall have the right to inspect any Vessel in the Condominium
Property to determine its seaworthiness, appearance, cleanliness and compliance with the Condominium Documents and all applicable city, County, U.S. Coast Guard, state and federal fire, safety and other regulations. All Vessels must be able to operate on their own power. The Association shall have the right (but shall not be required) to remove any Vessel from the Condominium Property which fails to comply with said regulations. Each Unit Owner shall be deemed to automatically agree to indemnify and hold harmless the Association, its agents, employees and designees from and against any and all loss, expense damage incurred in connection with the exercise or non-exercise of the Association's right hereunder.
18. Only the Developer or the Association may conduct any dredging operations
within the Condominium Property.
19. No improvement of any nature shall be erected, placed or altered on the
Condominium Property including, but not limited to, any water areas therein, except by Developer. Any change in the appearance of any piling, pier, or bulkhead or other structure or improvements, shall be accomplished only by the Association. The Association shall have the power to promulgate additional rules and regulations in such regard as it deems necessary to carry out the provisions and intent of this Declaration. Without limiting the generality of language previously set forth in this Paragraph 19, the foregoing provisions shall not be applicable to Developer or to construction, sales, management or other activities conducted by Developer.
20. No Vessel shall be stored or parked on any portion of the Condominium Property,
except that each Unit Owner may moor a Vessel(s) in his or her Unit. Notwithstanding the foregoing, a Vessel may be moored in any guest space(s) which may be designated by Developer and as may be permitted by any rule adopted by the Board. Any Vessel moored, parked or stored in violation of these or other restrictions contained herein or in the rules and regulations now or hereafter adopted and in accordance with applicable laws and ordinances may be removed by the Association (but the Association shall not be required to do so) at the sole expense of the owner of such Vessel. The Association shall not be liable to the Unit Owner (or the owner of any Vessel) for trespass, conversion or otherwise, nor guilty of any criminal act, by reason of such lawful removal.
21. Each Unit Owner shall regularly pick up all garbage, trash, refuse, rubbish or oil around his or her Unit and no garbage, refuse, trash or rubbish shall be deposited except in trash cans as permitted by the Association. The requirements of the applicable jurisdiction or entity for disposal or collection of solid waste shall be followed. The equipment, trash bins or trash cans for the storage or disposal of such material shall be provided by the Association at a location designated by the Board. There shall be a separate trash area for Unit Owners and occupants of Units. Unit Owners and occupants of Boat Slip Units shall only use the designated trash area. The Association shall be responsible for keeping the equipment in a clean and sanitary condition and for disposing of all garbage, refuse, trash or rubbish in compliance with all applicable governmental requirements. The costs of the foregoing shall be a Common Expense.
22. The handling, storage, transportation and disposal of hazardous or toxic materials
shall be prohibited within the Condominium Property; provided, however, that this shall not prohibit the proper handling, storage and transportation of petroleum products used by a Unit Owner in connection with the operation of his or her Vessel. The Association shall have the right to immediately remove, or cause the removal of, any hazardous or toxic material within the Condominium Property. Each Unit Owner shall ensure that any bilge water pumped into the waters of the Condominium does not contain any petroleum or other hazardous or toxic materials. For purposes of the Paragraph, hazardous or toxic materials shall be defined by Federal, Florida or common law. Each unit Owner shall indemnify,
defend and save Mater Declarant, Developer and the Association harmless from and against any damages, claims and liability resulting from or rising out of the violation of any of the requirements of this Paragraph by such Unit Owner. All expenses incurred by Master Declarant, Developer, or the Association in connection with compliance with all environmental and related laws shall be a Common Expense, subject to the foregoing indemnification.
23. Each Vessel must have such sanitary equipment on board as is required by all
applicable federal, state and local authorities. No Vessel shall be deemed to be in compliance with this Paragraph if such equipment is not fully operational or if such equipment such as a holding tank or approved marine sanitary system is bypassed or altered contrary to such requirements. The Association shall have the right to board a Vessel upon reasonable notice to inspect same for compliance with this Paragraph. Each owner of a Vessel, as often as necessary, shall be responsible for pumping out and discharging all sewage contained in such holding tank into the on-site sanitary sewer system (pump-out station), if any, located in the Commercial Unit for which there will be a fee set by the Commercial Unit Owner or other similar facility, as the case may be. In no event whatsoever may the owner of a Vessel discharge untreated sewage or any other substance (other than the bilge water) into the waters of the Condominium Property. Specifically prohibited shall be any discharges of oils or greases associated with engine and hydraulic repairs, and the discharge and release of metal-based bottom paints associated with hull scraping, cleaning and painting.
24. No children under the age of twelve (12) years of age are allowed within the
Condominium Property unless accompanied by an adult.
25. No boarding of Vessels within the Condominium Property is permitted without the permission of the owner thereof except as provided herein or in case of emergency in which case the Association and its agents can board the Vessel.
26. No swimming is permitted within the Condominium Property.
27. No lounge chairs, food or drink is allowed within the Condominium Property
other than on Vessels docked within a Unit.
28. Unless the Board adopts a rule to the contrary, no personal watercraft shall be
permitted on the Condominium Property. Personal watercraft means a shallow draft, jet drive watercraft in which the operator sits, kneels or stands on the craft as opposed to inside the craft.
29. Water levels in the channel leading into the Condominium Property may decline
significantly at certain times. Unit Owners, their tenants, family members, guests and invitees assume all risks created by such fluctuations in water levels.
30. The Owner of the Commercial Unit shall not be subject to the restrictions set forth
in Rules 5, 6, 7, 11, 19, 20 and 21 hereof.
31. Each Unit Owner shall file with the Association information, as deemed necessary
by the Board, on crewmembers attending to the Vessels. A Unit Owner is responsible and liable for the acts and omissions of crewmembers and shall cause crewmembers violating the Declaration or the Rules and Regulations of the Association to be removed from and prohibited from returning to Harbortown Marina.
32. The Association shall not be liable for loss of or damage to any property left or
stored by a Unit Owner, its lessees and invitees or owners of a Vessel or any other person in or upon the Vessel or the Condominium Property. All Unit Owners, their lessees and invitees or owner of a Vessel shall be deemed to automatically agree to indemnify and hold harmless the Association, its agents, employees and designees from and against any and all loss, expense or damage incurred in connection with any such claims.
33. All Unit Owners and owners of Vessels shall carry adequate hull, fire and theft
liability insurance on their Vessels.
34. Maintenance or repair activities requiring removal of a Vessel from the water or
removal of any major portions of the Vessel, including the engine, for purposes of routine repair or maintenance on site, shall be prohibited, except where removal is necessitated by emergency conditions which have resulted or can result in the sinking of a Vessel. Specifically prohibited shall be any discharges of oils or greases associated with engine and hydraulic repairs, and the discharge and releases of metal-based bottom paints associated with hull scraping, cleaning and painting. Minor repairs and boat maintenance such as cleaning above the gunnel line and limited bright work, which shall be performed so as to minimize any disturbance to other Unit Owners and their Vessels and that cannot cause or contribute to the release of water pollutants, shall be permitted. The Board's decision shall be final as to what constitutes a "major" or a "minor" repair.
35. The Condominium Property shall be operated consistent with the Clean Marina
Best Management Practices adopted by the Department of Environmental Protection to reduce, eliminate or control sources of pollution.
36. Only one (1) primary Vessel may be kept in each Unit, but the Unit Owner or
other permitted occupant of a Unit may also keep a tender or dinghy in the Unit as long as none of the same violate Paragraph 10 above.
37. Each and every time a Unit Owner intends to sell his or her Unit or any interest
therein, he shall give written notice to the Association at the time of the closing of such transaction, together with the name and address of the intended purchaser,
the terms of such purchase and such other information as the Association may reasonable require on forms supplied by the Association.
38. Except for leases by or to the Developer, no Unit Owner may lease his or her Unit
without the prior written approval of the Board. The Board may further require the proposed lessee(s) to make his or her Vessel available for inspection. Only an entire Unit may be leased, not a portion thereof. All leases must provide, and if they do not, shall be deemed to provide the agreement of the lessee(s) to abide by all of the Condominium Documents, the Master Declaration, and any and all rules and regulations of the Master Association promulgated from time-to-time. A violation of any of the terms of any of the foregoing documents shall constitute a material breach of the lease and shall constitute grounds for damages, termination and eviction. The lessee and the Unit Owner agree that the Association may proceed directly against such lessee(s) and that the lessee(s) and the Unit Owner shall be jointly and severally responsible for all of the Association's costs and expenses (including without limitation, attorneys' fees and costs of any kind, whether at trial or appellate levels or otherwise). If such costs and fees are not paid within thirty (30) days following written notice thereof, the Association has the right to charge the Unit Owner therefore. In the event the Unit Owner then fails to reimburse the Association for such charges, the Association may place a claim of lien against the Unit and foreclose same in the same manner as a lien for failure to pay Common Expenses.
Each Unit Owner irrevocably appoints the Association as the Unit Owner's agent authorized to bring actions in such Unit Owner's name and at such Unit Owner's expense including injunction, damages, termination and eviction. The Rules and Regulations promulgated by the Association must be provided to the lessee(s) by or on behalf of the Unit Owner at or before the commencement of the lease term; provided, however, that lessee(s) obligations under this paragraph shall not be affected by the failure to provide such notice. Except for Units owned by the Developer, the minimum leasing period is thirty (30) days and no Unit may be leased more than twelve (12) times per calendar year, or such lesser number of times as may be determined by the Board.
39. Notwithstanding any provisions in this Declaration to the contrary, an
Institutional Mortgagee upon becoming a Unit Owner through foreclosure or by deed in lieu of foreclosure may convey, transfer or otherwise dispose of such Unit or an interest therein by sale, lease or otherwise only in accordance with this Article.
40. Any leasing agent chosen by a Unit Owner shall be required to be first approved
by the Association. Any leasing agent not approved by the Association shall not be permitted to conduct business on the Condominium Property.