BOCA GARDENS HOMEOWNERS
the Board of Directors on 05/28/2019)
The Rules &
Regulations hereinafter enumerated, cover the dwelling units, common
and recreation and community facilities, and are deemed in effect until amended
by the Board of Directors of the Homeowners Association. They shall apply to,
binding upon, all dwelling unit owners, their guests and lessees. The
owners shall at all times obey said Rules & Regulations, and
shall be responsible for
informing their families, guests and lessees, of
said Rules and Regulations. Unit owners
are deemed in control of their
families, guests and lessees, and, ultimately, are
responsible for any
infraction committed by them.
Violation of these Rules & Regulations may
subject the violator to any and all remedies
available to the Association as
provided by the provision of the Declaration, Articles of
By-Laws, as well as under Florida law.
Violations may be remedied for the
Association by fines and/or injunction, or other legal
means, and the
Association shall be entitled to recover in said actions any and all court
costs incurred by it together with reasonable attorney fees against any person
violator, and, ultimately, from unit owners responsible for their guests,
lessees if not otherwise collected.
The Board of Directors
may from time to time adopt new or amend previously adopted
Regulations governing the details of the use, maintenance, management and
control of the common areas, recreational and community facilities or services
available to the unit owners and tenants.
The initial Rules &
Regulations are as follows:
1. QUIET ENJOYMENT
a. Every owner shall have the right and easement of enjoyment in and to the
common areas, all in common with other owners and tenants.
b. No owner or
lessee or shall make or permit any disturbances that will
interfere with the
rights, comforts or convenience of others.
c. Unit owners are responsible for
the actions of their tenants and their
d. Any person intoxicated,
or appearing to be intoxicated, shall be barred
access and use of the
e. Engaging in recreational sports or any other
activity outside the
designated areas that may interfere with the Quiet
Enjoyment of other
residents, or cause physical injury or property damage
community is prohibited.
f. Soliciting of the residents in Boca
Gardens without approval of the
Association Board of Directors is prohibited.
2. DRIVING &
a. The ownership of a Lot shall entitle the Owner or
Owners thereof to the
exclusive use of not more than two (2) automobile
parking spaces located
in the Common Areas, which parking spaces shall be
assigned by the
Association as herein described.
In compliance with the
Palm Beach County Building Code, all Owners will
have a minimum of two (2)
parking spaces, inclusive of their garage and
driveway. Parking spaces shall
be assigned as follows:
i. 1. Owners of a Residence without a garage will be
assigned two (2)
ii. 2. Owners of a residence with a
two-car garage will be assigned
only the two (2) spaces on the driveway in
front of their two-car
iii. 3. Owners of a Townhouse Residence
with a one-car garage will be
assigned only the space on the driveway in
front of their garage.
iv. 4. Owners of Residences with a one-car garage on
Circle N. and
Parkway North, and Parkway South will be assigned the driveway
and one additional space.
The assignment shall not be recorded in the Public
Records of the County
in which this Declaration is recorded. The foregoing
shall not apply to Lots
A, B, C and D of Blocks 1-26 and 46-89 of the Plat of
according to the plat thereof, recorded in Plat Book 50, Page
records of Palm Beach County Florida, which Lots shall retain
parking spaces originally assigned to them at closing.
b. All “Guest
Parking Spaces” may be used by any Member or Guest on a
on a transient basis, unless otherwise regulated by
golf carts, off road vehicles, boats, trailers, trucks or commercial vans
will be permitted within the community except for moving vans and service
vehicles which may be required to be used in the performance of their
respective services within the community, for a brief period of time. Under
no circumstances will any of the above excepted vehicles be permitted to
anywhere on the common grounds overnight.
In addition to the vehicles listed:
The following vehicles are prohibited from overnight parking: commercial
vehicles, boat trailers, or other non- passenger private vehicles, except
with the prior approval of the Association, to accommodate short term
circumstances. Pick-up trucks, trucks including Blazers, Broncos,
SUV’s and other vans or Vehicles owned for personal use may be
overnight in designated, assigned spaces, unless they contain any
advertising or other commercial type markings.
d. Homeowners wishing to park
a family van, motor home, trailer or sports
pickup on the common grounds must
obtain the prior approval of the
Board of Directors. No professional
equipment, such as ladders, cords,
and/or large containers can be attached to
vehicles. No permanent
signage or lettering of any kind will be permitted on
these vehicles and
magnetic signs must be removed before entering the
e. No vehicles are permitted to drive or park on grassy areas or
any time. This includes, but is not limited to, service and
f. No vehicles shall be operated or parked anywhere on the
grounds other than the roads and parking areas specifically marked for
g. Unlicensed drivers shall not be permitted to operate any type of
driven vehicle on Association property.
h. Joyriding, speeding,
reckless driving or racing of engines is hereby
i. No resident
or visitor may park in the assigned space of another resident
at any time.
All resident vehicles must be registered with association and
assigned parking decal, preferably on the top left of rear
window, in order
to park in resident parking spaces. No resident may
occupy, nor allow his
overnight guests to occupy, more than one guest
parking space. Violating
vehicles shall be towed at the owner’s expense
and assessments will be levied
against the resident responsible. All
vehicles must park in designated
spaces. Vehicles that are not properly
registered with the association,
parked in non-designed spaces, or parked
on the street overnight, may be
towed at the owner’s expense without a
warning. Non-resident vehicles parked
for more than five consecutive
days will be considered abandoned and towed at
the owner’s expense,
unless prior arrangements are made with the Association.
j. Violation of any of the above driving and parking rules can result in the
vehicle(s) being removed at the owner’s expense without warning as well
assessment against the resident responsible.
k. All of the rules regarding
parking shall also apply to tenants and nonowner
occupants and their guests.
l. If there are no guest parking spaces available, any owner or tenant with
more than two (2) vehicles per unit may request written permission from
Board of Directors to park the excess vehicle at the clubhouse or other
parking spot designated by the board.
a. Motor vehicles must be
properly registered, licensed, and maintained so
as not to create any
unnecessary disturbances in the community.
b. No major repair or maintenance
work may be performed on motor vehicles
within the community. Any damage
caused to the road surface as a result
of oil and/or cooling system leaks
shall be repaired at the owner’s
a. Owners shall not permit pets to be a disturbing nuisance to other
residents. Dogs, cats or other pets that could, in the opinion of the Board
of Directors, be deemed dangerous or offensive to persons residing in the
community, or disturb the quiet enjoyment of other residents, will not be
permitted within the community.
b. No pets are allowed at any time in the
following areas: clubhouse, pools,
tennis courts, racquetball courts, tot lot
c. All pets shall be vaccinated, licensed, and carried or walked on
a leash not
exceeding ten (10) feet in length at all times when outside the
Any feces left by any pet on Association property shall be picked
immediately by the person walking the pet who shall carry the means to
clean up said feces effectively. Receptacles are located throughout the
community for convenient disposal.
d. There will be no swimming in lakes by
humans or animals.
5. LEASE OF UNIT –
a. No unit owner may transfer
possession or otherwise dispose of a unit or
part of a unit, or any interest
therein by lease without the prior approval of
the Association, and as
b. No portion of a unit (other than the entire unit) may be
rented. All leases
shall be on forms approved by the Association and/or shall
the Association shall have the right to terminate the lease upon
the tenant in observing any of the provisions of the Declaration,
Articles of Incorporation, By-Laws of the Association, or applicable
and Regulations. Leasing of units shall also be subject to the prior
approval of the Association, which approval shall not be unreasonably
withheld. A unit owner, intending to execute a bona fide lease of their unit
or any interest therein, should request the Association’s Lease package
the Management Company, give the Association written notice of
intention, provide the non-refundable rental application fee
the Board of Directors, name and address of the intended
pertinent information regarding the lessee as required by the
an executed copy of the proposed lease. Said lease shall
provide that it is
subject to approval by the Association. Approval or denial
shall be given by
the Board of Directors within thirty (30) days from receipt
information requested by the Board of Directors in connection with
proposed lease. The Board of Directors shall have the right to require
substantially uniform lease be used. No lease may be less than a
period during any consecutive twelve (12) month period. No
unit may be rented
more than once in a twelve (12) month period.
c. The unit owner will be
jointly and severally liable with the tenant to the
Association for monies
required by the Association to affect such repairs
or to pay any claim for
injury or damage to property caused by the
negligence of the tenant. In the
event that the Board of Directors approves
a rental or lease, such approval
of a lease of rental shall not release the
unit owner from any obligation
under this Declaration. Further, such
approved lease may not be modified,
amended, extended or assigned, nor
may the unit or any portion of the unit be
sublet to any other party without
the Board of Directors prior written
d. Upon Board of Directors approval of a lease/rental, the
provide the unit owner with a copy of the current rules and
governing the members of the Boca Gardens Homeowners Association.
The unit owner will provide same to its approved tenant(s). Such tenant(s)
will comply with all Rules and Regulations of the Association and be
to the same fines, potential legal ramifications and/or eviction for
e. Upon, the absence of an owner, for any period of time
exceeding two (2)
months, a unit may be occupied by, only, an owner's immediate
after providing documentation of the relationship.
Immediate family member is defined as father, mother,
brother, sister, daughter or son.
occupants will be
considered tenants and must submit an application for lease
in “Rental Screen Procedures and Rules and Regulations”.
Units are to be used as single-family residences, only. No leased unit may
occupied by more than 2 unrelated adults.
g. The Association may enforce
these rules in the manner prescribed by the
Declaration of Covenants,
Conditions and Restrictions including, but not
limited to, an injunction to
remove the occupants or imposition of a fine, or
other remedies as provided
by Florida law.
6. RESALES OF UNITS
a. The seller (current owner)
or his representative shall notify the
Homeowners Association when there is a
planned transfer in title. Such
transfer will be subject to recovery of any
fines, fees, assessments, or
arrears outstanding at the time of transfer.
Units not current in all fees and
assessments will be encumbered by lien,
b. Real estate signs displayed within Boca Gardens will
be confiscated and
disposed. Homeowners may request authorization to display
up to two (2)
directional signs, from 9:00 am to 2:00 pm during an open house
Homeowners or their representatives are required to collect the signs
7. TRASH PICKUP AND
a. No trash will be placed on the
common areas unless it is in a heavy duty,
securely covered garbage
container. No household garbage can be
disposed at the clubhouse dumpsters or
b. No trash container will be placed on the common areas
prior to 4:00 pm
on the day before regularly scheduled garbage pickup.
arrange for a neighbor to put their garbage out if they are
going to be
away on that day, or they should leave the container inside their
until the next scheduled pickup day. All trash containers must have
appropriate lid, and most be brought back inside by the end of trash
c. Residents are responsible for keeping the lawn and parking
surrounding their residence free of litter, regardless of the source of
8. PATIO AND
homeowner(s) nor tenant(s) shall cause or permit anything that
the general appearance of the community. Installations of
modifications or landscaping are subject to prior
approval by the
Association. Request for such changes must be requested
on forms provided by
the Association, and must comply with all state
and/or county regulations and
permits, if applicable.
b. Holiday decorations can only be installed and
displayed between the
period that goes from 30 days before a given event and
30 days after its
end. Decorations that are not properly dismounted/and or
collected can be
confiscated and a fine may be issued to the non-compliant
c. Patios shall be maintained in a manner such as to not be
either neighbors or the community.
d. No clothes,
clotheslines, towels or similar articles shall be hung outdoors
purpose whatsoever, except within the patio of an owner at a level
height of the patio fence.
e. Wading pools, barbeque cookers, etc., for the
exclusive use of a resident
shall be used only within the patio area. Any
item left within Boca Gardens
common property for more than 24 hours without
issued by the Board can be confiscated and disposed.
homeowners may also be fined and responsible for disposing
f. Only approved signs may be displayed on any exterior portion of the
patio or windows.
g. Unit owners may install hurricane shutters,
exterior patio lighting, window
sun screening and screened patio enclosures
provided they have received
the prior approval of the Association and comply
with current building
codes. Unit owners, who install protective material,
such as plywood or
detachable panels, over windows and sliding doors in
advance of a
pending hurricane, must remove such protective material within
following the end of official post-storm curfew. If a storm is
no curfew is put in place by the local authorities, such
must be removed within 15 days after the storm.
Accordion style shutters
must be opened after the official end of hurricane
9. OTHER RULES
a. Bicycles, toys, grills, umbrellas, lawn chairs, or other personal
shall not be left outside of the homeowner’s patio. Items left in
common area will be subject to confiscation by the Association.
Additionally, such personal property MUST be secured indoors and tied
advance of severe weather or it will be confiscated for the safety
b. Swimming pools, racquetball and tennis courts and clubhouse
posted at the respective facilities shall be adhered to by all
who use them.
(See list of Pool Rules on page 13).
c. Parents will be held
responsible for the proper conduct of their children or
the children of their
guests. Homeowners will be held liable for damage
and repairs to Association
property as a result of the activities of their
children and the children of
their tenants and/or guests.
d. No unit owner shall in any way deface or
change the color of the exterior
of his unit.
e. All owners and lessees of
units in the community shall abide by the
provisions of the Declaration of
Covenants, Conditions and Restrictions,
the Articles of Incorporation and the
Bylaws of the Boca Gardens
f. No owner or resident
shall do any planting or decorating on Association
property or affix
decorations to the exterior of the building without the
recommendation of the
Architectural and Landscaping committees and the
approval of the Board of
g. The Association currently arranges for cable television
service. Under no
circumstances shall any exterior television antenna, or
radio antenna be
installed without prior approval.
h. There will be no
swimming or boating in the lakes. The only boats allowed
are those used for
maintenance of the fountains. Residents are allowed to
engage in catch and
release fishing at their own risk.
DISHES AND ANTENNAS
Notification of planned satellite dish installation to BGHOA
must be made ten
(10) days prior to installation. To prevent a violation, the
Directors suggests that you contact our property manager prior to
installation on an approved notification form. Such installation requires
consultation on the site and method of attachment to unit exteriors, all of
which are owned and maintained by the Association. Failure to consult
obtain prior approval may result in removal of the dish and an
repair the building.
Color: No dish will be of a color which does not blend
in with the
surrounding color scheme. Gray or the color of the exterior of
the unit is
Size: No dish shall be larger than 39 inches.
Placement: No dish or antenna may be installed immediately next to a
neighbor’s property where the installation is clearly viewable by the
neighbor when other installation sites are available with, largely the same
quality of signal.
Elevated installations will not be allowed if a lower
installation will produce
a significantly equal quality of signal.
dish or antenna must be placed where it is not visible from the street.
Options for installation include: unit’s attic, behind a sliding glass door,
inside the patio area. If there is no patio area, the receiver may then be
installed at the side of the unit.
Installation of dish or antenna: Must be
properly installed, using proper
permits, if required, and best engineering
practices, so that the
Association and neighbors are reasonably protected
from the installation
becoming detached during a windstorm, while retaining
the integrity of the
Association owned building.
Must comply with
applicable building codes and governmental regulations.
The “Notification to
Boca Gardens Homeowners Association” must be
accompanied by plans/schematics
showing method of installation,
specifically itemizing means of fastening the
dish or antenna to the
Inspection: The Association will inspect
the installation to assure
compliance with these rules. Any non-compliance
will be a violation,
enforceable as provided in the Declaration.
Statement: Direct Broadcast Satellite Dishes which are less
than 39” in
diameter, TV antennas, and antennas or dishes for receiving
multi-channel, multi-point distribution (wireless cable)
(collectively “Protected Dishes and Antennas”) are protected
rules and regulations otherwise imposable by the Association,
pursuant to the
Federal Telecommunications Act of 1996 and FCC Rules
made pursuant thereto.
These rules only apply if they do not unreasonably
delay or prevent
installation, maintenance, or use, unreasonably increase
the cost, or
preclude the reception of an acceptable quality of signal.
11. PENALTIES AND
a. Any expense incurred by
the Association in enforcing these provisions or
curing defects shall be
subject to lien on the offending unit in accordance
with the Declaration of
Covenants, Conditions and Restrictions.
b. The Board of Directors shall have
the power to levy assessments under its
authority and shall enforce the above
Rules and Regulations.
Assessments not paid when due, together with interest
and cost of
collection, shall become a continuing lien on the offending unit
Declaration of Covenants, Conditions and Restrictions.
authority of Section 8, an initial administrative assessment payable
immediately will be assessed for violations of the Declaration of
Conditions and Restrictions, the Bylaws and the Rules and
These assessments apply to owners and tenants alike, with the owners of
record being ultimately responsible for payment. Administrative
are payable to the Association when imposed.
e. Assessments imposed for
specific violations shall automatically increase
for each new occurrence of
the same violation. Assessments can be
appealed at the next duly convened
meeting of the Grievance Committee.
f. Assessments are subject to lien as set
out in Section 8 of the Declaration
of Covenants, Conditions and Restrictions
and bear interest at the rate of
18% per annum after an appeal has failed or
is considered waived by the
nonappearance of the person(s) assessed.
Payments due to the Homeowners Association and received more than
days after due date, may have a late charge assessed. Principal
charges shall accrue interest at a rate of 18% per annum and are
lien according to the provisions of the Bylaws and the
Covenants, Conditions and Restrictions.
a. Complaints alleging violation of any of these Rules and Regulations
be made in writing to the Board of Directors. The Board will act only
receipt of a written signed complaint.
a. Observance of these Rules and Regulations by owners, lessees, their
families, guests and employees of owners is the responsibility of the
Violations will be called to the attention of the violating owner or
designated agent, whether committed by guests or tenants.
concerning violations will be presented to, and judged by,
Committee. Should the conduct be deemed in violation of
the provisions of the
Declaration of Covenants, Conditions and
Restrictions, the Articles of
Incorporation, the Bylaws of said Association
or these Rules, then the Board
of Directors will notify the individual owner
that the conduct is in
violation of the above described cited authority. If the
conduct deemed to be
in violation does not cease and desist upon
notification by the Board of
Directors, then the Board of Directors shall
have the right to enforce the
provisions of the Declaration, Bylaws or
Rules & Regulations through the
institution of fines, fees and/or legal
proceedings, potentially seeking an
injunction from a court of competent
b. Schedule of Fines:
i. 1. A $100.00 per violation, up to $1,000.00 if correction or repair not
made in the allotted time.
ii. 2. The Association may place a lien upon the
unit at any time after
ten (10) days’ written notice of the infraction in the
amount of the
fine then outstanding. Upon payment of the fine and
to the Association by the Unit Owner of all expenses incurred
connection with the filing of the lien, such lien shall be released by
the Association. The Association may, also, at its own discretion,
foreclosure actions against any unit with liens that have
been filed by the
Association and not cured.
If any specific Bylaws, Rules or Regulations contained be deemed
by a court of law, such finding will in no way affect the validity of
Bylaw, Rule or Regulation.
15. RULES FOR USE
In order to continue to maintain
the pools and the pool areas in an
atmosphere conducive to fun and pleasure
for all, certain rules must be
observed. Some of these rules are mandated by
the State of Florida and
Palm Beach County and some are mandated by the Boca
*POOL ENTRY BY PROXIMITY TAG ONLY*
- ANYONE FOUND
CLIMBING THEFENCE WILL BE SUBJECT TO ARREST AS A
Proximity tags are available from Boca Gardens HOA, 9551
Gardens Parkway, Boca Raton, Florida, 33496 (Boca Gardens
The deposit is $50.00 for a proximity tag that gives residents
access to the
clubhouse, pools, and gym. Refunds will be issued by check
within 3-4 weeks
after keys are returned.
a. Anyone found removing anything from clubhouse or
pools without written
authorization will be subject to arrest and prosecution
to the fullest extent
of the law.
b. Emergency equipment (life buoys,
etc.) is mandated by the state of Florida
and Palm Beach County. This
equipment is for emergency use only. It is a
misdemeanor to use this
equipment for anything other than emergency
c. No glass bottles or
alcoholic beverages allowed at pool area.
d. Please make use of the trash
cans provided at the pools.
e. Please use the bike rack provided. Bikes will
not be allowed in clubhouse
hallway. No bicycles, scooters, roller skates,
skateboard or wheels of any
type will be permitted in pool areas.
Diving is prohibited according to Florida State Law.
g. Pool, clubhouse, and
gym hours are posted. Anyone found in the pool
area after closing hours will
be considered a trespasser and subject to
h. No children under
twelve (12) are allowed in the pool area unless
accompanied by an adult.
i. Children in diapers not permitted in pools for health reasons.