
THE WINDWARD ON LAKE CONWAY CONDOMINIUM ASSOCIATION, INC.
RULES AND REGULATIONS
These Rules and Regulations, promulgated and effective the _____ day of ____________, 2011 (the "Effective Date"), shall govern the use and occupancy of the Units, including all of the Common Elements and Limited Common Elements of The Windward on Lake Conway, a Condominium (the "Condominium"), shall be deemed in effect until amended by the Board of Directors ("Board") of The Windward on Lake Conway Condominium Association, Inc. (the "Association"), and shall apply to and be binding upon all Unit owners. Unit owners shall at all times comply fully with these Rules and Regulations and use their best efforts to ensure that such Rules and Regulations are fully and faithfully observed by all other Unit owners and occupants of
Units. These Rules and Regulations are subordinate to the Declaration of Condominium for The
Windward on Lake Conway, a Condominium (the "Declaration"), and in the event of any conflict between these Rules and Regulations and the Declaration, the Declaration shall control. All references herein to capitalized terms which are not defined in these Rules and Regulations shall have the meaning ascribed thereto in the Declaration.
A. GENERAL RULES
1. Prohibited Activities.
a. In order to preserve the residential character of the Condominium, no
industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise, shall be conducted, maintained or permitted within the Condominium, other than those conducted by Developer, the Association or otherwise expressly permitted by the Association and by the Declaration, as the same may be amended from time to time.
b. Absolutely no solicitation shall be permitted at the Condominium, unless
specifically authorized in writing by the Association, except for solicitation by Developer in
connection with its marketing of Units.
c. No Unit Owner shall allow anything whatsoever to fall from the windows,
patios, decks, balconies, entryways or doors of the Condominium, nor shall he sweep or throw from
his Unit any dirt or other substances outside of his Unit or in the Common Elements of the
Condominium.
d. No Unit Owner shall direct, supervise or in any manner attempt to assert
control over the employees or other agents of the Association.
e. No Unit Owner shall make or permit any disturbing noises or offensive odors
by himself, members of his family, his guests, tenants, invitees or licensees, nor do or permit anything by such persons that will interfere with the rights, comfort or convenience of the other Owners. The Board of Directors shall have the right to abate all nuisances in or about the Condominium.
f. No radio, television installation or other wiring shall be made without the
prior written consent of the Board.
g. No fires, cooking devices or barbecue grills of any type may be used on any
balcony or patios, within Units or on the Common Elements except in areas specifically designated
for such use, if any, or permitted by the Association in the future.
h. No clotheslines or similar devises shall be allowed on any portion of the
Condominium.
i. No inflammable, combustible, explosive or otherwise dangerous fluid,
chemical or other substance shall be kept in any Unit, except such as are required for normal
household use.
j. No water shall be left running for any unreasonable or unnecessary length of
time.
k. No signs, advertisements or notices of any type shall be displayed,
inscribed, painted or affixed in, on or upon any part of the Common Elements or any part of a
Unit so as to be visible outside the Unit, except in accordance with applicable governmental
regulations and applicable Rules and Regulations of the Association, except that the Developer
may display such signs as the Developer desires for sales, rentals, directions or otherwise as
permitted by the Declaration.
l. No Unit Owner shall permit or suffer anything to be done or kept in his
Unit which will increase the rate of insurance on the Condominium.
m. No glass beverage containers may be permitted on the Common Elements.
2. Disposal of Refuse. Refuse and bagged garbage shall be deposited only in such
areas as are expressly provided for such purpose.
3. Plumbing. Water closets and other plumbing shall not be used for any purposes
other than those for which they are constructed. No sweepings, rubbish, rags or other foreign
substances shall be thrown into them. The cost of any damage resulting from misuse shall be borne
by the person causing the damage and, in the case of guests, by the Unit Owner who invited the
guest onto the Project.
3. Conduct of Unit Occupants. Owners shall be responsible for the conduct of
members of their families, their guests, tenants, invitees and licensees. Owners shall ensure that
such persons' behavior is neither offensive to any Owner nor damaging to any Unit or portion of the
Common Elements.
4. Complaints; Violations. Complaints regarding the operation and maintenance of
the Condominium and violations of these Rules and Regulations should be made or reported, in
writing, to the Board.
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5. Responsibility for Deliveries. Unit Owners shall be liable for damages to the
Project caused by receiving deliveries or moving or removing furniture or other articles to or from
their respective Units.
6. Pets. Domestic pets only shall be allowed in the Units and only as household
pets; there shall be no breeding or other commercial purpose for such pets. All pets leaving the
Units shall be adequately leashed or contained while within the Common Elements, and Unit
Owners shall be responsible for all damage caused by their pets. No more than two (2)
household pets other than fish shall be allowed in any Unit. No pit bulls, rottweilers or dogs in
excess of 45 pounds are permitted. No reptiles of any type shall be permitted as pets. No fish
tanks over 55 pounds are permitted in any second or third floor Units without the express written
consent of the Board. Each Unit Owner shall be responsible for cleaning up and removing any
solid waste from any pet within the Common Elements.
7. Parking.
(a) No trucks or other commercial vehicles, house trailers, mobile
homes, campers or trailers of any description shall be parked in any surface parking space except
with the written consent of the Board. This prohibition shall not apply to temporary parking of
trucks and commercial vehicles making deliveries or having legitimate business with the
Association or a Unit Owner, provided that such use shall be subject to rules promulgated by the
Board.
(b) The surface parking, other than the spaces designated as spaces A
5 and A
Unit A
No Unit Owner may use more than one (1) common parking space (in addition to the garage or
surface parking space that is a Limited Common Element to each Unit. All guests must park in
the spaces designated as numbers 21, 22, 23 24 and 25 on the Plot Plan.
(c) Boat trailer parking shall be permissible only in spaces designated
for such purpose and only in such spaces which are available for general use and are not
assigned as Special Limited Common Elements of other Unit Owners. Boat trailer parking
spaces which are not Special Limited Common Elements may not be used for general vehicular
parking except after sunset and before 8:00 a.m. Boat trailers may not be parked in the boat
trailer park spaces open for general use for more than 24 consecutive hours. All boat trailers
must be registered and in good working order.
(d) Parking areas are solely intended for non
with a current registration. No vehicle which cannot operate under its own power shall be
permitted to remain on the Project for more than twenty
display a valid parking sticker for the project to be procured from the organization responsible
for the management of the property and/or association.
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(e) No vehicle maintenance shall be performed on the Project except
for emergency repairs.
(f) No vehicle belonging to any Owner, family member or guest shall
be parked in such a way as to impede or prevent access to other parking spaces. All vehicles
must be parking within the confines of a specifically striped parking spot. No vehicle shall
occupy more than one parking spot.
(g) All enclosed parking spaces shall be kept in a neat and orderly
fashion. Nothing shall be stored in the enclosed parking space except items that may be stored in
a storage closet which is approved by the Board of Directors. All garage doors must be kept
closed other than when they are in active use.
8. Swimming Pool.
(a) No lifeguard is on duty or employed by the Association. Swim at
your own risk.
(b) Children under twelve (12) years of age shall not be permitted in the
pool unless accompanied and supervised by a responsible adult. Pool hours are between dawn to
dusk. Use of the swimming pool is at the sole risk of each person using the swimming pool.
(c) All residents, their guests and children must adhere to all rules
posted at the swimming pool.
(d) No pets are permitted within the pool area at any time, under any
circumstances.
(f) Under no circumstances may and resident, guest or child bring any
glass or glass containers into the pool area.
(g) All pool toys, games and other recreational items must be removed
by the residents and/or their guests upon exiting the pool area.
9. Personal Property. Except in areas which may be designated for such purpose by
the Board and in the garages that constitute Limited Common Elements to a Unit, the personal
property of all Owners shall be stored within their Units. Bicycles shall be stored, kept or parked
only in those areas specifically designated for such purposes by the Association and in no event
may they be stored in the stairwells or corridors adjacent to any residential unit within the
property. No Unit Owner shall place or store baby carriages, playpens, wagons, toys or furniture or
any other personal property, on any part of the Common Elements, except in the garages which are a
Limited Common Element of such Unit and in no event may they be stored in the stairwells adjacent
or corridors to any residential unit within the property.
10. Obstruction of Common Elements. There shall be no obstruction of, nor shall
anything be stored in, the Common Elements, including, but not limited to, elevators, walkways,
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stairwells or hallways, without the prior written consent of the Board. No garbage cans, supplies or
other articles of any kind shall be placed on the patios, decks, balconies or entry ways, nor shall any
linens, cloths, clothing, curtains, rugs, mops, laundry or other articles be shaken or hung from any
windows, doors, patios, decks, balconies or entry ways, or be exposed in any part of the Common
Elements. The Common Elements shall be kept free and clear of refuse, debris and other unsightly
material. No fire exits shall be obstructed. No foreign items, with the exception of one (1)
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signage, with the exception of the existing unit numbering plaques at the entrance to each residence,
is prohibited, including any displays visible through the glass door entrance to any individual
residence.
11. Exterior of Buildings.
(a) The exterior of the Units and Common Elements shall not be painted,
decorated or in any manner modified without the prior written consent of the Board, which consent
may be withheld on purely aesthetic grounds, in the Board's sole discretion; provided, however, that
Developer shall have such rights with respect thereto as are granted by the Declaration.
(b) No Unit Owner shall enclose, paint or otherwise decorate or change the
appearance of any portion of the exterior of any building in the Project, including, but not limited
to, screening, windows, window coverings, and exterior doors, without the prior written approval
of the Association.
(c) No sign, advertisement, notice, other writing, awning, canopy, shutter,
screen, radio or television antenna, or other object shall be displayed from, affixed to or placed upon
the exterior walls, windows (both exterior and interior), doors or roofs of the Units or from, to or
upon any of the Common Elements without the prior written consent of the Board.
(d) Any Unit Owner may display one portable, removable United States flag
in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day,
and Veterans Day, may display in a respectful way portable, removable official flags, not larger
than 41
/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or
Coast Guard.
(e) All backs of interior window drapes or blinds that are visible from the
exterior of a Unit shall be white or off
12. Hurricane/Storm Shutters. All Owners, tenants and occupants of a Unit shall have
all hurricane and storm shutters approved by the Association prior to the installation thereof. No
hurricane shutter may be installed prior to the issuance of a storm watch or storm warning by the
National Weather Center or other recognized weather forecaster. The Association shall notify Unit
Owners by posting a notice on the Project when it is permissible to install hurricane shutters.
Each Unit Owner who plans to be absent during hurricane season must prepare his Unit prior
to departure by: (i) removing all patio furniture, plants and other objects from the balcony; and (ii)
designating a responsible firm or individual to care for the Unit in the event of a hurricane threat
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and/or should the Unit suffer hurricane damage, and by furnishing the Board the name of the firm or
individual. Should such firm or individual not be designated or available, the Association is
authorized to take whatever steps are necessary at its discretion to protect the Unit and the Project at
the sole cost and expense of the Owner.
13. Noises. No Unit shall play upon or suffer to be played upon any musical instrument,
or operate or suffer to be operated a stereo, television, radio or sound amplifier in his Unit in such
manner as to disturb or annoy other Owners. All occupants of a Unit shall lower the volume as to
the foregoing items from 10:00 p.m. to 8:00 a.m. No Unit Owner shall permit any dog or other pet
to unreasonably disturb other Unit Owners in the Project.
14. Odors. No noxious or unusual odors shall be generated in such quantities that they
permeate to other Units and become annoyances or become obnoxious to other Owners. Normal
cooking odors shall not be deemed violations of this regulation.
15. Repairs. Repair, construction, decorating or remodeling work will be performed on
Mondays through Saturdays between the hours of 9:00 AM and 5:00 PM, and no such work shall be
performed on Sundays or legal holidays, except in the case of emergency repair work authorized by
the Association.
16. Leases. All leases of Units must comply with the provisions of Section XX of the
Declaration. Further, any lease of a Unit shall contain a covenant to the effect that the lessee shall
comply with all Rules and Regulations then in effect.
B. BOAT DOCKS
The existing dock is not a Common Element and cannot be used by the Association or its
Members . The Association shall adopt rules for use of the existing boat dock and any additional
boat docks and boat slips at such time as they are available for use by the Association.
C. INSPECTION OF ASSOCIATION RECORDS
Any Owner who seeks to inspect and copy any of the Association's books or records,
whether pursuant to the provisions of Section 8.4 of the Association's By
provision of law, shall make such request in writing to the Board of Directors at least five (5)
business days prior to the date on which such inspection is sought. Personal inspection of the
Association's books and records can be arranged by appointment during the regular business hours.
D. ENFORCEMENT
Every Owner and Occupant shall comply with these Rules and Regulations as set forth
herein and the provisions of the Declaration and the By
time), to the extent applicable. Failure of an Owner or occupant to comply shall be grounds for
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legal actions which may include, without limitation, an action to recover sums due for damages
an action for injunctive relief, and any combination of such actions.
In addition to all other remedies, in the sole discretion of the Board, a fine not exceeding
$100.00 per violation may be levied. Fines may be levied on the basis of each day of a
continuing violation with a single notice and opportunity for hearing, provided no such fine shall
exceed $1,000,000 in the aggregate. Fines may be levied against an Owner, occupant, family,
guest, invitee, lessee or employee for failure of an Owner, his family, guests, invitees, lessees or
employees, to comply with any rule of the Association or with any provision of the Declaration
or the By
(a) Notice. The Association shall notify the Owner or occupant of the
infraction or infractions. Included in the notice shall be a date, time and location of the next
meeting of the Infractions Committee (as defined below).
(b) Hearing. The non
Owners (the
reasons why the fine should not be levied. The Owner or Occupant may be represented by
counsel and may cross
be submitted to the Owner or Occupant by not later than twenty
If the Infractions Committee does not agree with the fine, then the fine shall not be levied. If the
Infractions Committee agrees with the fine, or changes the amount of the fine, then the Owner
shall pay the fine within thirty (30) days after written decision of the Infractions Committee
mailed to the Owner.
(c) Members of Infractions Committee. The Infractions Committee shall
consist of three (3) Owners, who are not on the Board. The Board may select the members of the
Infractions Committee.
(d) Application of Fines. All monies received from fines shall be allocated as
directed by the Board.
(e) Non
exclusive and shall exist in addition to all other rights and remedies to which the Association
may be otherwise legally entitled; however, any fine paid by the offending Owner shall be
deducted from or offset against any damages which the Association may otherwise be entitled to
recover by law from such Owner.
E. MISCELLANEOUS
1. Additional Rules and Regulations; Amendments. The Board reserves the right to
promulgate from time to time such additional Rules and Regulations and/or to amend these Rules
and Regulations as may be deemed necessary or desirable, in the Board's sole discretion, without the
consent of the Association or its members.
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2. Attorneys' Fees. The Association shall be entitled to recover its reasonable
attorneys' fees and other costs incurred in the event it prevails in any legal action or proceeding
brought against an Owner to enforce these Rules and Regulations.
3. Superseding Rules. These Rules and Regulations supersede all prior Rules and
Regulations of the Condominium in full and shall remain in force until superseded by revised
Rules and Regulations promulgated by the Association.
4. Approvals. All Association approvals required or permitted hereunder shall be in
writing.