Rules and regulations
(As of September 1st, 2023)

PREAMBLE: The following Rules and Regulations apply to all Community residents, their families, guests as well invitees. These can only be amended by the Board of Directors with prior notice to Residents. Besides federal, state, county or city legal binging requirements, no provisions in this document shall be construed as prejudicing the right of the Board from exercising flexibility in their enforcement when confronted with exceptional circumstances and for which it deems appropriate to do so.

1. PARK OFFICE: The Park regular office hours are from 09:00 a.m. until 12:00 a.m., except as posted, which may change from time to time depending on the level of patronage. There are no office hours on Saturdays, Sundays and legal holidays. In case of an emergency, proper assistance can be obtained by dialing one of the telephone numbers listed on Clubhouse Bulletin Billboards.

2. DEFINITIONS: For the purpose of this document;
A) Board refers in all cases to the Board of Directors of the Ocean Waterway Co-op;
B) Co-op refers in all cases to the Ocean Waterway Co-op Inc.;
C) Community means the Ocean Waterway Mobile Home Park;
D) Management refers in all cases to Park Manager and/or Board of Directors;
E) Homeowner refers in all cases to mobile home owners located within the Community;
F) Manager or Assistant/Manager refers in all cases to Ocean Waterway Park Manager or Assistant/Manager;
G) Park refers in all cases to the Ocean Waterway Mobile Home Park;
H) Residents refers in all cases to Homeowners and Tenants;
I) Sub-renters, Renters or Tenants refers in all cases to someone leasing a mobile home from one of the Homeowners;
J) ACH is an electronic fund transfer used to pay rent and/or maintenance fees.
3. ABSENCE FROM THE COMMUNITY: Prior to leaving the Community for more than three (3) days, PLEASE notify Park Office.
Mobile home main water valve must be shut off if home is left vacant for the summer period or more than two (2) weeks, failing which Management will take action deemed necessary to have water supply turned off at Owner’s expense.
4. RENT PAYMENT AND MAINTENACE FEES:
A) All rents and fees are due and payable at the Community office on the first (1) day of each month.
B) If the rent and/or maintenance fees are not paid by the fifth (5) day of the month, the Homeowner will be charged a $25.00 late charge. Failure to pay late charge constitutes a breach of these Rules.
C) Any failed ACH transaction or checks returned to Management by the bank will incur an additional returned check fee of $50.00, in addition to any fees imposed by the financial institutions.
D) All payments received are applied first to any outstanding balances, and then the remaining payment, if any, will be applied to the present balance due.
E) There is 18% annual rate charged on all outstanding amount after 30 days.
F) The duty to pay the abovementioned rents and fees as well as those described in Section 3 and 7 of this document lies upon each Homeowner.

5. PARK AGE / ADMISSION REQUIREMENTS: Ocean Waterway is a community of 55 years of age and older (Housing for older persons). Except if it is justified by particular circumstances, only older persons will be accepted as Homeowner. The Board of Directors reserves the right to refuse admittance into the community. All Homeowners of the community must have written approval from Management before moving into the community.

Anyone wishing to reside in Ocean Waterway Mobile Home Community must obtain prior permission from the Board of Directors. Application forms are available at the Park office; application fee is $100. USD for each applicant.

References and photo/age verification will be required and checked before admittance.
A. One (1) Resident in each mobile home must be fifty-five (55) years of age , or older, and the other Resident must be at least forty (40) years of age;
B. No subletting will be permitted through a real estate agent, a company, a leasing company or any other corporation.

6. OCCUPANCY: Occupancy is not to exceed two (2) persons per mobile home unless prior written permission from the Board.

A. Immediate family:
1. Mothers, fathers, mothers-in-law and fathers-in-law may be in occupancy, with Resident present, for longer than the 15/30-day occupancy regulation. Notify the Park office if it’s longer;
2. Upon application to, and written approval from Park Manager, a Resident’s adult sons or daughters, with spouse and grandsons or granddaughters, may be granted occupancy without the Resident being present; however, they must follow the 15/30-day regulation and NO other guests or family shall be in occupancy during the same period.

B. Guests:
1. Occupancy by guests of the Resident will not exceed two consecutive fifteen (15) days or a total of thirty (30) days per year. Calendar year runs from October 1st to September 30th;
2. Although each guest must comply with the 15/30-day regulation, there is no limit on the number of guests a Resident may have in one year;
3. No guest shall occupy a mobile home unless one or more of the Residents is in occupancy.

All Residents will be held directly responsible for the actions of their guests, regardless of guests’ age. The rules of each recreation activity are plainly and conspicuously posted, when required at the site.

7. RENTING / SUBLETTING: Subject to the terms and conditions hereinafter specified, the Park Management allows homeowners to rent their mobile home(s) in accordance with City and County regulations.

A) Homeowners can rent their home up to twice in any given year without exceeding a maximum of seven (7) months, combining both rental periods. Longer rental periods are strictly forbidden. Calendar year runs from October 1st to September 30th. The minimum renting period is one (1) month.
B) The application fee for rental is $100. USD for a one (1) month period. From two (2) to seven (7) months the rental fee is $200. USD. The check shall be made payable to OCEAN WATERWAY CO-OP INC., and is NON-REFUNDABLE.

All applications for rental must have prior approval by Park Management which shall enforce the rules. Rental application forms are available at the office, or the mail, fax and e-mail. Application forms must be submitted to the Park office by the Homeowner prior to the arrival of the Tenants.

In order to expedite the process, homeowners should give prior notice to Park office by fax or e-mail of their intention to rent. It is prohibited for the Homeowner to be present while the mobile home is rented.

C) The basic occupancy criterion for rental is 2 people per mobile home. At least one of the Tenants must be at least 55 years of age or older. Subject to an additional fee of $50.USD, Tenants can have their children or grandchildren as guests for a maximum period of thirty days during the calendar year. The number of children and grandchildren cannot exceed four (4) at any given time.
D) It is the Homeowners’ responsibility to advise his/her Tenants of the Rules and Regulations and also ensure that they are understood and respected. It is also the Homeowners’ responsibility to appoint someone to take care of his/her mobile home during the Tenant’s stay.
E) In addition, Tenants renting for three (3) months or more are also allowed to have two (2) guests for a maximum period of fourteen (14) days which period cannot be devised no more than twice. This privilege is subject to an additional fee of $100. USD each time.

ALL TENANTS MUST REGISTER THEIR GUESTS AT THE PARK OFFICE UPON ARRIVAL AND PAY THE APPLICABLE ADMINISTRATION FEE IMMEDIATELY.

Failure by the Homeowner and/or Tenants to comply with these Rules and Regulations may result in losing their privilege for future rental opportunities for a period to be determined by the Board.

8. PEDDLING, SOLICITING, COMMERCIAL ENTERPRISE: No peddling, soliciting or commercially identified enterprise is allowed in the Community. Any Resident, however, may canvass other Residents as provided in Florida Statutes. All non-resident vendors wishing to do business within the Community must have permission in writing from Management and must exhibit such permission to the Residents.

9. TRASH, REFUSE, DEBRIS: The burning of trash is not permitted. No dumping of trash, garbage, gasoline, oil, brush and tree trimmings, etc., is permitted in vacant lots or other open areas. Refuse is limited to two (2) containers which must be placed at the curb after nine 09:00 O’clock p.m. the day before, or the day of collection. (Use garbage can for food, if not, place the trash bag containing food, only the morning of the day of collection). To maintain the Park’s beauty, lots must be free of debris.

The CO-OP also has a waste container located at the park entrance. Its use is reserved for park staff. However, in certain circumstances, it can be used by residents, BUT ONLY WITH PRIOR AUTHORIZATION FROM MANAGEMENT.
IT IS STRICTLY FORBIDDEN TO DEPOSIT GARBAGE IN THE DUMPSTER. AN ADMINISTRATIVE FEE OF $100. APPLIES FOR NON-AUTHORIZED OBJECTS PLACED IN THE DUMPSTER.
10. FENCES: No individual fences shall be permitted of any type within the Park’s perimeter.

11. RECREATION FACILITIES: The recreational facilities are restricted to Park Residents and guests and are provided for Residents and their guests on a ”use at your own risk” basis. The Co-op will not be liable for any accident or injury to life or property through the use of the recreational facilities or loss or damage caused by accident, fire, theft or act of God. Use of the facilities is subject to restriction and revocation, or either of them, and the Co-op reserves the right to revoke the privilege to use such facilities to any Resident or Resident’s family or guest who abuses or misuses the facilities or who violates posted rules. Hours of operation of the various facilities shall be determined by the Co-op, in its sole discretion, and within its capacity to provide proper maintenance of the facilities.
A. While using the recreation facilities, guests must be accompanied by a Resident. The Board reserves the right to implement an ID tag system, if necessary;
B. Observe pool Rules & Regulations as posted;
C. No glass or glass containers will be allowed in the swimming pool area;
D. All persons must shower before entering the pool. The pool shower is strictly reserved for the bathers.

12. IMPROVEMENTS: No building, structure, installation or any other improvement shall be placed on any lot until plans have been approved by Management.
A. There shall be only one (1) driveway for each mobile home lot. The maximum width of said driveway shall not exceed ten feet, six inches (10′ 6”) and, in no event, shall the driveway, including the flare, encroach upon the abutting property. Homeowners may not widen their driveway under any circumstances;
B. Work must be done according to City and County regulations; Homeowners must obtain the necessary permit;
C. Plans may be disapproved solely on the basis of aesthetic standards established at the discretion of Management;
D. Contractors must respect existing applicable State, County or City Regulations and provide proof of liability insurance prior to commencement of any work or project;
E. Construction noise will only be tolerated between the hours of 08:30 a.m. and 04:30 p.m. Please respect your neighbors;
F. Carports must be a rigid self-supporting structure directly attached to the home, no higher than the latter itself and shall not exceed the front nor the back of the home.

13. COMMUNITY APPEARANCE: All mobile home lots are required to be maintained at high level of attractiveness, which means that each Lot shall be kept clean, neat, and attractive.
The Community attaches vital importance to the preservation of green spaces. Hence any landscaping must support this fundamental value by limiting the use of materials other than grass and plants.
Hence, all exterior surfaces of all Homes, including awnings, eaves, and trim, must be cleaned regularly and kept free of mildew, rust, and discoloration. The exterior surfaces shall be maintained so as to keep an attractive appearance and shall be repainted if necessary. Management approval, including approval of colors selected, is required before any exterior surface of a Home is painted. Damaged areas or poorly painted areas of the Home and any accessory structures must be repaired or painted as necessary.
All mobile homes must use approved underskirting, which must be installed adequately and made of metal or vinyl presenting a pleasant appearance. Gutters must be kept free of vegetation.
A Homeowner whose property is left unmaintained according to Community’s standards of attractiveness will be advised to take corrective action, failing which said action will be taken by Management at Homeowner’s expense.
A. In the interest of safety, vehicular and otherwise, the Management retains rights and privileges to alter, trim or remove any tree, shrub, hedge or other appurtenance which it deems to present a danger to visibility of traffic vehicles, bicycles, pedestrians or others. Prompt remedy (complete correction/removal) of said item is the responsibility of the Homeowner on whose lot the item is located. The Homeowner shall take complete corrective action within ten (10) days of the date of receipt of a written notification from Park Management;
B. Failure of a Homeowners to comply fully shall result with Management proceeding with the correction of said matter. ALL COSTS INCURRED TO CORRECT THE SITUATION WILL BE CHARGED TO THE HOMEOWNER RESPONSIBLE FOR THE MATTER. Said amount shall be paid to the Ocean Waterway Co-op, Inc., within thirty (30) days or a lien shall be placed on the mobile home. Additionally, the prevailing party in any proceeding to enforce this rule will be entitled to a reasonable attorney’s fee and costs;
C. Boxes and/or equipment of any kind are not permitted outside the mobile home or utility room;
D. Upon closing their home at the end of the season, residents must stow away all outdoor items and furniture. Storage of items is not permitted in the screen room; and,
E. No permanent clothes lines and clothes poles used for drying of clothing shall be permitted outside the perimeter of the mobile home. Drying of laundry is permitted on home site, provided a retractable umbrella-type hanger is utilized and installed at the rear of the home and concealed from the street view. The umbrella type should be closed when not in use.

14. WATER USAGE: Water is an expensive commodity and extremely costly in South Florida. Water usage is not metered at each mobile home in the community. There is one meter for the whole community which means that water usage costs are shared evenly by all Homeowners based on the ratio of 1/269th per unit. It is therefore the duty of each resident and Tenant to use water responsibly.

Each year Management inspects water line distribution throughout the community to detect leaks. All mobile home owners must give access to the main entrance valve to Co-op’s representatives when requested to. Upon inspection, should a leak be detected within the resident’s home, he / she will be advised to take corrective action with seven (7) days, failing which said action will be taken by Management at Homeowner’s expense.

Washing of vehicles is reserved for residents only. Visitors or guests wishing to wash their vehicle must go to a commercial carwash. A $25. fee will apply to Homeowners allowing visitors to wash their car in the community. Cars may be washed in the driveway only.

15. LAWN MAINTENANCE AND SPRINKLERS USAGE: Homeowners are responsible for their landscaping, and also for maintaining their own flowers and shrubs. With regard to maintenance of/or trimming trees, under general law, Homeowners are responsible for maintaining the premises that they lease. This would include responsibility for the maintenance of the trees on the subject lot, with the exception of oak trees which are protected under state legislation. The Park is responsible for maintenance of the common areas and not the individual mobile home lots.
A. The Co-op is responsible for the pruning of all oak trees located within the Community. Trees whose roots can cause damage to Park utilities and equipment, such as the water system, sewer system, roadways, etc., are not permitted. Before purchasing or planting any tree, it is necessary to receive approval for both the planting and the type of tree;
B. Excessive watering is not necessary and WILL NOT BE TOLERATED. Hand watering is allowed at any time provided the hose has a self-cancelling nozzle. However, State, County and City may edict stricter guidelines to which all Homeowners must adhere to;
C. Luxuriant vegetation and green spaces are some of the main characteristics of our community and they must be protected. Hence no stones or other aggregates, mulch, wood chips and/or bark will be permitted in lieu of grass. This shall include no concrete slabs, no asphalt other than the driveway. The use of synthetic turf must receive prior approval but will only be considered if all other natural solutions have failed.
D. Residents using automatic sprinklers systems shall obtain a permit from the Park Administration. The fee to operate a sprinkler system $100. for 6 months. Sprinkler systems shall operate no more than twice a week for a maximum period of fifteen (15) minutes each and only between 06:00 a.m. and 08:00 a.m. NO SPRINKLERS SHALL BE IN OPERATION IF THE RESIDENCE IS UNOCCUPIED.

Sprinkler systems shall have programmed watering devices or similar equipment, either installed or utilized, shall have a device incorporated in the system to prevent said system or equipment from watering while it is raining or watering within twelve hours after a rainfall. City and/or County Ordinances could override the above. Failure to comply with this rule will result in the installation of a water meter at Respondent’s expenses.

REMINDER: LAWN WATERING WITH SPRINKLERS ONLY FROM:
06:00 A.M. TO 08:00 A.M.
WATER IS EXTREMELY COSTLY IN SOUTH FLORIDA

16. VEHICLES:
A. Registration: Motorcycles, mopeds, scooters must be approved according to the dispositions of Section 16 F and bear identification provided;
B. Speed limit:
1. All vehicles MUST COME TO A FULL STOP AT EVERY STOP SIGN; and,
2. The speed limit within the Community is TEN (10) MILES PER HOUR which is strictly enforce.
Should a violation of the above rules endanger the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents, the Ocean Waterway Co-op may terminate the rental agreement, and the mobile home owner, tenant, or occupant must vacate the remises within 7 days after the notice to vacate is delivered.

C. Parking: All vehicles must be parked in Residents’ respective driveway. The maximum number of vehicles per home shall not exceed two (2), plus one (1) motorcycle or vice versa.

No parking in neighbors’ driveway without the latter’s written consent. No parking is permitted on the streets or the lawns at any time. The streets must be kept clear for emergency vehicles. Visitors (if necessary) must use designated guest parking areas. Any vehicle using the Clubhouse parking lot must carry a sign on the dashboard with the lot number of the Resident. Unauthorized vehicles will be towed at owner’s expense;
D. Commercial vehicles, RV’s: Commercial vehicles, RV’s: Commercial and Recreational vehicles cannot be parked anywhere in the Park. However, homeowners that have a vehicle that is under two hundred and forty-four (244) inches long overall and eighty-five (85) inches or under in overall height can be parked at a mobile home driveway as long as the said vehicle DOES NOT EXCEED THE FRONT OF THE HOME.

For greater clarity, no guest’s recreational vehicle may be present in the park or a mobile home space or anywhere in the Community overnight.

AT NO TIME MAY ANY VEHICLE BE USED FOR LIVING QUARTERS while on the premises;

E. Boats and Trailers:
As a general rule, no trailer or boat may be parked or used at a mobile home space or anywhere in the Community overnight. However, special permissions may be may be granted for a maximum of three (3) days to Residents, upon their arrival or before leaving the Park for the season. In such case, the boat/trailer shall be parked at the furthest possible point at the back the Resident’s driveway.
A utility trailer is made available to all Residents at Park office. Special permission for trailers may be granted to Residents while renovating their home.

F. Bicycles: Bicycles are permitted, but must be ridden with, not against, traffic and must have a light on the front after dark and a reflector at the rear. The operator must observe all traffic signs and bicyclists may not ride more than two (2) persons abreast and must ride single file when approaching vehicles within the Community;

G. Motorcycles (3-wheels included, Mopeds, Mini-bikes and Scooters: Motorcycles (3-wheels included), mopeds, mini-bikes, scooters are permitted for coming in and out of the Park ONLY. The maximum of these type of vehicles is two (2) motorcycles per home. Any Homeowner wishing to use this privilege must obtain prior permission from Park Management. Application forms are available at the Park’s office; the maximum application fee is $50. USD. Applications will be reviewed by Board appointed Committee to ensure compliance with standards;

H. Skateboards: Skateboards are prohibited within the Community. Roller skating is tolerated on the streets only;

I. Golf Carts: Electric Golf carts are allowed in the Community but require special permission which will only be granted to residents with a serious mobility handicap must operate within the same rules as those listed above.

J. Vehicle Maintenance: Except for minor emergency repairs, no repairing or overhauling of vehicles is allowed anywhere in the Community. No unlicensed or inoperative vehicle is permitted in any Resident home site, except for seasonal vehicle, and the Park office should be notified of such;

K. Licenses: All motor vehicles operators within the Community must have valid driver’s license.

L. Vested Rights: Residents that, as of November 1, 2022, owned a small recreational or commercial vehicle that doesn’t the criteria listed in paragraph D), or a gas motored golf cart listed in paragraph H) above, will benefit from a grandfathering clause which will cease to exist on the day their vehicle is sold. Such right cannot be transferred.

17. PETS: Mobile homes are residences for human beings. Animals such as reptiles, rodents, rabbits, fowl (domestic or wild) are not permitted and are not to be cared for, bred or raised for any purpose or as pets or for food. The Co-op reserves the right to determine the acceptability as to the type of pets to be permitted in the Community, with the exception of small fish and small birds which are exempt.
A. All Residents must register their pet with photo at the Park’s office;
B. No more than one (1) pet per mobile home;
C. Dog size is restricted to a maximum of fifteen (15) inches in height or twenty (20) pounds in weight, unless it meets the legal criteria for service animal;
D. Pets must be on leash at all times. When not inside a mobile home, pets are not allowed to run loose or to be tied unattended. Pets, including cats, found roaming loose constitute a violation by their owner;
E. Pets must not be allowed to create a nuisance, i.e., barking, growling and trespassing on neighbors’ property;
F. Pets are not allowed in recreational common areas;
G. Pet owners and /or pet walkers have the responsibility to pick up and dispose of the animal excrements outside the Community or be bagged and placed in owner’s trash;
H. Feeding pets is done inside the home only. Feeding any animal other than your own (wild or other) is strictly prohibited and those infringing this rule will be charged.

All complaints will be investigated. Upon the first violation, Management will issue a written warning. In the case of a second violation, the pet’s owner will be required to remove the animal from the Community.

18. SALE OF A MOBILE HOME: Homeowners may sell their home without the assistance or services of the Co-op. However, from time to time, the Co-op will make available a listing of the homes for sale. Hence, Homeowners must provide the information related to their home at the Park’s office.
A. In the event that a private sale of the mobile home is conducted by the Homeowner, the buyer cannot be guaranteed a home site in the Community unless, the buyer meets all requirements and guidelines for admittance and residency as then established by the Co-op;
B. Only one ”FOR SALE” sign may be displayed and it must be placed in the front window or screened porch;
C. The fee for a modification or sale of a Membership Certificate is $100.
D. The Co-op reserves the right of first refusal (ROFR ) in connection with the purchase or sale of any mobile home in the Community.

19. TV ANTENNA – SATELLITE DISH: Cable TV is available to Park Residents. Satellite dishes may not be placed on the ground in front of a mobile home or its adjoining patio. Antennas or satellite dishes must be placed at a minimum of four (4) feet from the ground affixed to the mobile home wall or may be placed anywhere on the roof. TV antennas must not exceed twenty (20) feet in height.

20. COURTESY: Be considerate of your neighbors when listening to TV, radio, stereo or musical instrument, or creating any other source of noise, especially between the hours of 11:00 p.m. and 8:00 a.m.

21. ENFORCEMENT: The above listed Rules and Regulations reflect our values and
clearly describe what kind of behaviour is accepted of our residents. This set of rules is aimed
at making sure our community is a safe and orderly place to live in while enjoying an attractive
environment. These rules apply to everyone, DIRECTORS INCLUDED.

The Board will enforce these rules and restrictions consistently and uniformly. Depending
on the circumstances, the Board will favor a gradual approach. If a friendly warning is
not sufficient, a more formal “notice of violation” will bring an end to continuing
violations.

When need be, the Board will gather evidence of the violation and proceed with a formal
enforcement action which can lead to a fine or eviction. Florida law authorizes associations
like to Ocean Waterway Co-op, to assess fines and to levy suspensions to enforce the
governing documents of a community. The Co-op has the ability to impose reasonable
fines, or to suspend for a reasonable period of time, the right to use common elements, for
failure to comply with the bylaws, or rules and regulations of the association.

For more information on the matter, residents are invited to review the following Chapters:
• Chapter 719.303, in the case of Shareholders;
• Chapter 723.061, in the case of Lot Renters.

I/WE ACKNOWLEDGE BY SIGNING THAT I/WE HAVE HAD AN OPPORTUNITY TO READ THESE RULES AND REGULATIONS AND AGREE TO ABIDE BY ALL RULES AND REGULATIONS AS AMENDED INCLUDING PROPERLY PROMULGATED FUTURE AMENDMENTS.

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Resident Signature Date