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BOCA GARDENS HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
(Approved by the Board of Directors on 02/27/2018)


INTRODUCTION

The Rules & Regulations hereinafter enumerated, cover the dwelling units, common
areas 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, and be
binding upon, all dwelling unit owners, their guests and lessees. The dwelling unit
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
Incorporation, and 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 or
violator, and, ultimately, from unit owners responsible for their guests, agents, and/or
lessees if not otherwise collected.
The Board of Directors may from time to time adopt new or amend previously adopted
Rules & Regulations governing the details of the use, maintenance, management and
control of the common areas, recreational and community facilities or services made
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
guests.
d. Any person intoxicated, or appearing to be intoxicated, shall be barred
access and use of the recreational facilities.
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 within the
community is prohibited.
f. Soliciting of the residents in Boca Gardens without approval of the
Association Board of Directors is prohibited.


2. DRIVING & PARKING
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)
parking spaces.
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
garage.
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 Boca Gardens,
according to the plat thereof, recorded in Plat Book 50, Page 25, Public
records of Palm Beach County Florida, which Lots shall retain those
parking spaces originally assigned to them at closing.
b. All “Guest Parking Spaces” may be used by any Member or Guest on a
non-assigned basis, on a transient basis, unless otherwise regulated by
the Association.
c. No 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
park 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
special circumstances. Pick-up trucks, trucks including Blazers, Broncos,
Jeeps, SUV’s and other vans or Vehicles owned for personal use may be
parked overnight in designated, assigned spaces, unless they contain any
form of 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 community.
e. No vehicles are permitted to drive or park on grassy areas or sidewalks at
any time. This includes, but is not limited to, service and delivery trucks.
f. No vehicles shall be operated or parked anywhere on the common
grounds other than the roads and parking areas specifically marked for
such use.
g. Unlicensed drivers shall not be permitted to operate any type of motor
driven vehicle on Association property.
h. Joyriding, speeding, reckless driving or racing of engines is hereby
prohibited.
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
display their 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
as an 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
the Board of Directors to park the excess vehicle at the clubhouse or other
parking spot designated by the board.


3. VEHICLE MAINTENANCE
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
expense.


4. PETS
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 or lakes.
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 residence.
Any feces left by any pet on Association property shall be picked up
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 – PROCEDURE
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 provided herein.
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 provide that
the Association shall have the right to terminate the lease upon default by
the tenant in observing any of the provisions of the Declaration, the
Articles of Incorporation, By-Laws of the Association, or applicable rules
and Regulations. Leasing of units shall also be subject to the prior written
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
from the Management Company, give the Association written notice of
such intention, provide the non-refundable rental application fee
determined by the Board of Directors, name and address of the intended
lessee, other pertinent information regarding the lessee as required by the
Association and 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
of all information requested by the Board of Directors in connection with
the proposed lease. The Board of Directors shall have the right to require
that a substantially uniform lease be used. No lease may be less than a
six month 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 consent.
d. Upon Board of Directors approval of a lease/rental, the Association will
provide the unit owner with a copy of the current rules and regulations
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
subject to the same fines, potential legal ramifications and/or eviction for
violating same.
e. Upon, the absence of an owner, for any period of time exceeding two (2)
months, a unit may be occupied by, only, an immediate family member
after providing documentation of the relationship. Other occupants will be
considered tenants and must submit an application for lease as prescribed
in “Rental Screen Procedures and Rules and Regulations”.
f. Units are to be used as single-family residences, only. No leased unit may
be 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 – PROCEDURE
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, preventing transfer.
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 event.
Homeowners or their representatives are required to collect the signs by
2:00 pm.


7. TRASH PICKUP AND LITTER
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 is
disposed at the clubhouse dumpsters or sidewalk containers.
b. No trash container will be placed on the common areas prior to 4:00 pm
on the day before regularly scheduled garbage pickup. Residents should
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 residence
until the next scheduled pickup day. All trash containers must have
appropriate lid, and most be brought back inside by the end of trash
collection day.
c. Residents are responsible for keeping the lawn and parking areas
surrounding their residence free of litter, regardless of the source of litter.


8. PATIO AND RESIDENCE MAINTENANCE
a. Neither homeowner(s) nor tenant(s) shall cause or permit anything that
detracts from the general appearance of the community. Installations of
decorations, patio 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 homeowner.
c. Patios shall be maintained in a manner such as to not be offensive to
either neighbors or the community.
d. No clothes, clotheslines, towels or similar articles shall be hung outdoors
for any purpose whatsoever, except within the patio of an owner at a level
below the 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 proper authorization
issued by the Board can be confiscated and disposed. Non-compliant
homeowners may also be fined and responsible for disposing fees.
f. Only approved signs may be displayed on any exterior portion of the unit,
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 21 days
following the end of official post-storm curfew. If a storm is announced but
no curfew is put in place by the local authorities, such protective materials
must be removed within 15 days after the storm. Accordion style shutters
must be opened after the official end of hurricane season.


9. OTHER RULES
a. Bicycles, toys, grills, umbrellas, lawn chairs, or other personal property
shall not be left outside of the homeowner’s patio. Items left in the
common area will be subject to confiscation by the Association.
Additionally, such personal property MUST be secured indoors and tied
down in advance of severe weather or it will be confiscated for the safety
of the community.
b. Swimming pools, racquetball and tennis courts and clubhouse regulations
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
Homeowners Association.
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 Directors.
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.


10. SATELLITE DISHES AND ANTENNAS
Notification: Notification of planned satellite dish installation to BGHOA
must be made ten (10) days prior to installation. To prevent a violation, the
Board of Directors suggests that you contact our property manager prior to
the 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
and obtain prior approval may result in removal of the dish and an
assessment to 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
acceptable.
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.
The 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
structure.
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.
Required Statement: Direct Broadcast Satellite Dishes which are less
than 39” in diameter, TV antennas, and antennas or dishes for receiving
programming from multi-channel, multi-point distribution (wireless cable)
providers (collectively “Protected Dishes and Antennas”) are protected
from certain 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 ASSESSMENTS
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 per the
Declaration of Covenants, Conditions and Restrictions.
c. Under authority of Section 8, an initial administrative assessment payable
immediately will be assessed for violations of the Declaration of
Covenants, Conditions and Restrictions, the Bylaws and the Rules and
Regulations.
d. These assessments apply to owners and tenants alike, with the owners of
record being ultimately responsible for payment. Administrative
assessments 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.
g. Payments due to the Homeowners Association and received more than
five (5) days after due date, may have a late charge assessed. Principal
and late charges shall accrue interest at a rate of 18% per annum and are
subject to lien according to the provisions of the Bylaws and the
Declaration of Covenants, Conditions and Restrictions.


12. COMPLAINTS
a. Complaints alleging violation of any of these Rules and Regulations shall
be made in writing to the Board of Directors. The Board will act only upon
receipt of a written signed complaint.


13. VIOLATIONS
a. Observance of these Rules and Regulations by owners, lessees, their
families, guests and employees of owners is the responsibility of the
owner. Violations will be called to the attention of the violating owner or
their designated agent, whether committed by guests or tenants.
Disagreements concerning violations will be presented to, and judged by,
the Grievance 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
jurisdiction.
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 reimbursement
to the Association by the Unit Owner of all expenses incurred in
connection with the filing of the lien, such lien shall be released by
the Association. The Association may, also, at its own discretion,
initiate foreclosure actions against any unit with liens that have
been filed by the Association and not cured.


14. VALIDITY
If any specific Bylaws, Rules or Regulations contained be deemed invalid
by a court of law, such finding will in no way affect the validity of any other
Bylaw, Rule or Regulation.


15. RULES FOR USE OF POOLS
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 Gardens
Homeowners Association.
*POOL ENTRY BY PROXIMITY TAG ONLY* - ANYONE FOUND
CLIMBING THEFENCE WILL BE SUBJECT TO ARREST AS A
TRESPASSER.
Proximity tags are available from Boca Gardens HOA, 9551 Boca
Gardens Parkway, Boca Raton, Florida, 33496 (Boca Gardens
Clubhouse). 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
use.
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.
f. 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
arrest.
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.

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