EXHIBIT B CHULAVISTA LANDINGS 1734 WHEELHOUSE CIRCLE RUSKIN, FLORIDA 33570 (813) 645-1411 RULES AND REGULATIONS PLEASE READ THIS PAPER CAREFULLY Welcome to Chulavista Landings. All reasonable means have been taken to insure that your residency here is safe, pleasant, and enjoyable. This Community is privately owned and we are required by law to abide by certain standards. Many of our Rules and Regulations are based on what is required of us by law; the remainder are published to additionally protect life, property, and privacy. Consideration and courtesy to others, plus your cooperation in maintaining an attractive home, will help sustain the high standards of Chulavista Landings. For your health, convenience, security, and the pleasant atmosphere associated with gracious manufactured home living, the following Rules and Regulations are enforced. DEFINITIONS 1. “Manufactured Home” shall have the same meaning as “mobile home” as defined in Section 723.003(3), Florida Statutes. “Manufactured Home” and “Mobile Home” may be used interchangeably herein. “Community” shall mean Chulavista Landings. “Community Owner” shall have the same meaning as “mobile home park owner” as defined in Section 723.003(3), Florida Statutes. “Community Owner” and “Mobile Home Park Owner” may be used interchangeably herein. 2. 3. A. ACCEPTANCE 1. 2. Right is reserved to refuse admittance. Applicants must be considered desirable and compatible with other residents in the Community. In accordance with the Federal Housing for Older Persons Act of 1995 (as amended or modified from time to time, “HOPA”), the Community is intended and is operated as “housing for older persons.” Under HOPA, “older persons” are defined as persons fifty-five (55) years of age or older. The Community complies with HOPA and is intended to be reserved for occupancy by persons fifty-five (55) years of age or older, with certain exceptions as allowed by HOPA. (a) One person in each home must be 55 years old or older;
(b) (c) The minimum age of any resident is 40 years old, and Except for occupants of manufactured homes in this Community as of July 1, 1997, occupancy of a manufactured home shall not be permitted unless at least one (1) person in such manufactured home shall be fifty-five (55) years of age or older; provided, however, all other occupants of the manufactured home must be at least forty (40) years of age. In the event that all occupants of the manufactured home fifty-five (55) years of age or older, shall die or otherwise discontinue occupancy of the manufactured home, then the Community Owner/Management reserves the right, in its sole discretion, to terminate the occupancy of the manufactured home by all persons under fifty-five (55) years of age, if continued occupancy would result in less than eighty percent (80%) of the manufactured homes in the Community being occupied by at least one person fifty-five (55) years of age or older. 3. (c) (d) 4. Applicants for residency in the Community are required to complete an application for lot rental and obtain Management’s prior written approval to become a Resident of the Community. A credit, financial affordability, and criminal background check will be performed for every applicant. In addition, no person will be accepted as a Resident, or may remain a Resident, who is or will be a Prohibited Person, as that term is hereinafter defined and any evictions of existing Residents who are Prohibited Persons shall be in accordance with Florida Statutes Section 723.061. A “Prohibited Person” is an entity, person, or party: (a) (b) That is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order 13224 issued on September 24, 2001 (“EO13224”); Whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “specifically designated National and Blocked Persons” (which list may be published from time to time in various media including, but not limited to, the OFAC website, http://www.treas.gov/offices/enforcement/ofac/sdn/ (the OFAC List); Who commits, threatens to commit, or supports “terrorism”, as that term is defined in EO13224; or Who is otherwise affiliated with any entity or person listed above. An application fee of $__________ will be charged for a couple. For single applicants, a fee of $__________ will be charged per person. Management reserves the right to change this fee. B. THE MANUFACTURED HOME LOT 1. The Resident is responsible for the overall appearance of the lot. It shall be kept orderly, neat, clean, and free of litter. Trimming, watering, weeding, and general
care of the lawn and shrubs is the year round responsibility of the Resident. When lawns are mowed, Resident will also finish trimming about the lot and edging the lawn along the roadway and driveway. No lawns shall be mowed before 8:00 AM., or after 9:00 PM. 2. Additional landscaping and shrubs may be planted with Management’s approval of type and location. Once planted, all growth becomes the property of the Community Owner. Tree removal is not permitted without the prior written approval of the Community Owner or Management. The Resident is responsible for the maintenance of the mowing, gardening, fumigating, cleaning and/or otherwise maintaining the Resident’s lot and/or manufactured home. In the event Resident fails to do so, the Community Owner or Management shall have the option of maintaining the manufactured home and/or lot and charging the Resident as set forth in Section 8.D of the Prospectus. Access to the home shall be governed by Section 723.025, Florida Statutes. No laundry lines may be installed, only the umbrella type clothes line, with its location cleared through Management, and to be collapsed when not in use and removed when Resident is not occupying home or when the area is under a storm watch or warning per NOAA. No lines on carports or screen rooms are permitted. Electric and telephone lines are installed at each lot. Resident will make his own application for service and will pay bills rendered by the utility companies. Any change in utility service to meet requirements of Resident will be done at Resident’s expense. All utility connections must comply with all governing ordinances. The Resident is responsible for his water and sewer lines from his home to where it connects to the Community line. Any stoppage in the line, other than from underground tree roots or an underground break in the line, is the Resident’s responsibility. The Resident should check outside water faucets frequently for leakage. Higher water bills will eventually end up in the form of higher rents. The Resident is responsible for his electric line from his home to where it connects to the electric company line. The Community is not responsible for any electric lines. 3. 4. 5. 6. 7. 8. 9. 10. All fees or charges for the installation, hook-up, or connection of all utilities shall be paid for by the Resident. The Community Owner pays for the water, sewer, and trash pick-up service provided to the Resident, but in no event shall Community Owner or Management be responsible for any failure, default, or other improper act or omission of any utility supplying such services. 11. Residents shall not order or contract for any repairs on behalf of the Community Owner. Any lot improvements, other than existing improvements provided by the
Community Owner, shall be at the expense of the Resident, as approved by the Community Owner. 12. Outside antennas and satellite dishes up to eighteen (18) inches are permitted in the Community, but must be approved in writing by Management prior to installation. Ham or citizens band radios or any other equipment that interferes with television will not be permitted in the Community. 13. Fences are not permitted around or between the homes. No plantings forming a fence type barrier between lots are permitted. 14. Only furniture specifically designed for outdoor use is allowed outside the home. 15. No building, structure, installation, or other improvement shall be placed on any lot until the plans have been approved by Management. Plans may be disapproved solely on the basis of esthetic standards established at the discretion of Management. Work must be done by a licensed contractor according to County Regulations. Note: Contractors MUST file proof of Worker’s Compensation Insurance and Financial Responsibility and a copy of their contractor’s license with the Community Office before performing any work. 16. Screen Areas and Florida Rooms: Screen areas on the home must be kept in a clean and neat condition when visible from the street. The exterior skin on the screen room or Florida Room must match the color and material of the home itself, and must be approved by the Community Owner/Management. THE MANUFACTURED HOME 1. Homes shall be attractively maintained by the Resident and comply with all applicable laws, codes, and ordinances, these Rules and Regulations, as from time to time amended, and the Community Prospectus. Failure to properly maintain the manufactured home shall be a breach of theses Rules and Regulations and shall constitute grounds for eviction of the manufactured home’s owner, the home’s Resident, and the manufactured home itself, pursuant to Section 723.061, Florida Statutes. In order to maintain a clean, attractive appearance, the manufactured home and skirting must be washed and/or painted at least once a year, or more frequently as needed. Exterior colors must be approved by Community Owner/Management. Tie-downs and blocking must comply with all state, county, city, or any other governmental ordinance as enforced by law. Awnings, Lanais, Florida Rooms, and any other additions must have Community Owner’s/Management’s written approval prior to installation. All metal and vinyl
products must be of new material. All utility sheds must be adequately secured to foundation or ground by means of tie downs. 5. 6. All manufactured homes must be skirted with vinyl or other approved material. The use of foil, corrugated cardboard, paper, or sheets to cover windows and glass doors creates an unsightly appearance and is prohibited. Shades, drapes, and/or awnings are suggested for this purpose. All manufactured homes must be adequately insured for liability. All steps must be concrete, pressure treated wood, or molded fiberglass. Driveway Staining: The Community Owner/Management must approve the color of any driveway that is to be stained. The standard colors are earth tones and green. Whatever the color, the shade must be submitted for approval. Driveways must be kept free of grease, oil, and other surface debris. 7. 8. 9. 10. Yard Ornaments: Yard ornaments are permitted only by submitting a drawing or specifications for approval of the Community Owner. Ornaments must be limited in number and tasteful in appearance. 11. Any manufactured home that is in a rundown condition or in disrepair shall be removed from the Community; provided, however, that, with the consent of Community Owner, the manufactured home may remain in the Community by being modernized so as to be comparable in appearance and safety to present day manufactured homes. Any evictions will be handled according to Section 723.061, Florida Statutes. 12. Solar Heating: Solar heating apparatus may be installed, but its makeup, size, and installation must be approved in writing by Community Owner/Management before installation commences. 13. Air Conditioners: Central air conditioning units are permitted. Air conditioners, other than central air conditioning units, are permitted so long as they are not visible from the street; residents must receive written approval from the Community Owner/Management regarding placement of such air conditioners. MANUFACTURED HOMES ENTERING THE COMMUNITY 1. All manufactured homes moved into the Community must be no more than five (5) years old, or have been inspected and written permission received from Community Owner/Management. All manufactured homes moved into the Community must be vinyl lap sided and roofed with a material approved by Community Owner/Management. Exterior colors must be approved by Community Owner/Management.
3. 4. No manufactured home may be moved into the Community unless the size, condition, appearance, and design thereof have been approved in writing by the Community Owner/Management in accordance with the quality standards set forth in these Rules and Regulations. The Community Owner/Management may reject any manufactured home if the same does not meet the requirements of the Community Owner as to its size, condition, appearance, design, and compatibility with the Community and other modern manufactured homes therein. The maximum length and the optimum position on the Lot shall be determined upon examination of the lot by the Community Owner or Management. Newly installed manufactured homes must be set up to include the following appurtenances within sixty (60) days from date of placement on the lot: (a) All axles, wheels, and hitches will be removed. All aluminum products must be new material. All homes must be anchored with tie-downs in accord with applicable government laws, ordinances, and regulations. The design of all appurtenances and additions must be approved by the Community Owner or Management. A concrete driveway extending along the full length of the home and to the street, a minimum of twelve (12) feet in width. A garage or carport abutting an exterior wall of the manufactured home. The garage or carport must be a minimum of twelve (12) feet in width and extend over the full length of the driveway from the back edge of the driveway to the front end of the manufactured home or attachments, whichever is closest to the street. A utility shed with vinyl lap siding, built to the top of the carport and being a minimum of six (6) feet deep and eight (8) feet wide. Attractive and safe steps at each entrance to the manufactured home, and any additions, of approved material and design. Vinyl skirting around all sides of the manufactured home, and all additions and attachments, the color and style to be approved by the Community Owner or Management. Solar Heating: Solar heating apparatus may be installed, but its makeup, size, and installation must be approved in writing by Community Owner or Management before installation commences. Installation of numbering as follows: (i) Four (4) digit street numbers in four (4) inch size, applied to front corner of manufactured home, seven (7) feet above ground.
(ii) Two (2) or three (3) digit Lot number in three (3) inch size, applied below street number, three (3) feet above ground. Notwithstanding the foregoing, the Community Owner may amend the Prospectus regarding improvements required of the homeowner pursuant to 61B-31.001(4)(a), Florida Administrative Code. The above rules can be changed on ninety (90) day notice pursuant to Section 723.037, Florida Statutes. Each of such improvements must be designed and installed in accordance with the requirements of the Community Rules and Regulations and the Community Prospectus and in accordance with plans that have been approved in advance, in writing, by the Community Owner or Management. All such construction and installation shall begin only after appropriate building permits have been obtained. All work is to be done by a licensed, qualified, and bonded contractor, who has proof of valid liability insurance coverage, licensing by the appropriate agencies, and workmen’s compensation insurance coverage, if applicable, and is registered with the Community office. E. RESALE OF RESIDENT’S HOME 1. A Resident has a right to sell his/her manufactured home. A Resident may sell it himself, list it with a licensed broker, or list it with the Community’s sales department with predetermined selling prices and commission rates. One “For Sale” sign per manufactured home may be posted in the front window, screened porch, or Florida room; no sign is to be outside of the manufactured home or larger than 12 “ by 12 “ Notification of pending sale must be given to Management. Management shall interview and approve/disapprove all prospective Residents. Criminal, credit, and character background checks are required. If a mobile home is sold to someone who is not approved for residency in the Community, the occupant and mobile home must be removed from the Community in accordance with the provisions of Florida Statutes Section 723.061. No renting of homes is allowed without prior written approval of Management. Criminal, credit, and character background checks are required for prospective renters and occupants. Subletting of lots is not allowed. RESIDENT ACKNOWLEDGES THAT THE SALE OF THE MANUFACTURED HOME DOES NOT AUTOMATICALLY ENTITLE THE PURCHASER TO BECOME A RESIDENT. TO BECOME A RESIDENT, A PURCHASER MUST: (a) BE APPROVED BY MANAGEMENT AS A RESIDENT IN ACCORDANCE WITH MANAGEMENT’S PRE-QUALIFICATION PROCEDURES AND STANDARDS; SIGN A LOT RENTAL AGREEMENT;
(c) MEET ALL OTHER CONDITIONS AND REQUIREMENTS AS SET FORTH IN THESE RULES AND REGULATIONS, THE COMMUNITY PROSPECTUS, AND THE LOT RENTAL AGREEMENT. 6. No person shall own more than one (1) manufactured home within the Community without the express written consent of the Community Owner. 7. 8. RECREATIONAL FACILITIES 1. 2. 3. The recreation hall, equipment, and facilities are used at residents’ and guests’ own risk. Recreational facilities hours are as posted. Hours may be extended for parties or special events, with Management approval. Docks: No docks of any type, or any other construction, are permitted on the lake banks, canals, or the Little Manatee River without written permission from the Community Owner or Management. Anyone using the Community facilities shall leave them in a neat, clean, and orderly condition when they are finished. Any damage to the recreational facilities or equipment by Resident or their guests is the sole responsibility of the Resident. Community Owner and Management reserve the right to invoke any and all legal remedies available by law, including the legal remedy of eviction pursuant to Section 723.061, Florida Statutes, if a Resident or guest abuses or mistreats the recreational faciliites, or fails to follow the rules thereof. No alcoholic beverages are to be consumed in or around the recreational facilities except with the permission of Management for special occasions. Guest children under the age of 18 must be accompanied by a Resident or responsible adult guest. 4. 5. 6. LAUNDRY 1. 2. 3. Do not overload or abuse the laundry machines. Clean the washers and dryers after using them, and put all refuse in the containers provided. Dyeing of clothes in the machines is not permitted because of possible damage to the clothing of others.
4. 5. 6. H. Remove clothes from the washers and dryers as soon as they are finished so that other people have the opportunity to use them. The laundry machines do not accept Canadian coins. Laundry is for the exclusive use of Chulavista Landings Residents and registered guests only. VEHICLES, BOATS, AND TRAFFIC 1. The Speed limit within the Community is TEN (10) MPH! All STOP signs MUST be obeyed. Pedestrians, bicycles, and golf carts have the right of way at all times. Third time offenders may be evicted pursuant to the terms of Florida Statutes Section 723.061. Advise your guests of the TEN (10) MPH limit for the safety of all. All utility trailers, travel trailers, motor homes, and large trucks must be kept in storage area or removed from the Community, except for loading, unloading, or cleaning, on individual lots, and must not exceed twenty-four (24) hours. No items may be placed in storage without the appropriate forms being filed with the office, and owner’s lot number being displayed on the item. Any vehicle that is unlicensed, inoperative, or no longer used must be removed from the Community; vehicles may not be displayed for sale on Community property. Boats are allowed to be kept under carports only with written permission from Management and when the manufactured home is unoccupied. Automobile repairs, other than emergency procedures such as flat tires, are not permitted in the Community. The Community may designate an area for the purpose of oil changes, etc., but no major repairs will be permitted. Vehicles dripping oil or other fluids must be repaired in a timely fashion and drip spots on driveways promptly removed. Vehicles must be quiet enough when running so that they do not disturb the residents. Trucks over 3/4 ton are not permitted. Larger trucks must be garaged elsewhere. No commercial type vehicle will be parked on the Lot or anywhere in the Community other than the storage areas. 2. 3. 4. 5. 6. 7. 8. 9. 10. Motorcycles are not permitted to be ridden in the Community without written permission from management. Mopeds do not need Management’s approval. 11. Street rights-of-ways, common areas, and grass are not to be used for parking.
12. No parking in unoccupied driveways is allowed without written permission from owner of unoccupied manufactured home. 13. No overnight parking in front of clubhouse at any time. 14. The Community Owner reserves the right to restrict the operation of all delivery, transportation, or other vehicular traffic within the Community, which the Community Owner or Management deems to be detrimental to the interest of safety, traffic control, the well being of the Residents, or the preservation of the Community grounds and roadways. 15. There will be NO overnight sleeping within the Community except within the Resident’s manufactured home. No overnight sleeping is allowed in any motor vehicle, camper, camping trailer, or motor home, and under no circumstances may any of the above be connected to water, sewer, or electric within the Community. OCCUPANCY RATES 1. 2. 3. Rates are based on occupancy of no more than two (2) persons per home. Each registered additional occupant will be charged $____________ per month. Each unregistered additional occupant will be charged $___________ per month. RENTS AND FEE 1. All rent and other fees are due on the first (1st) day of the month. If not paid by the fifth (5th) day of any month, a late charge of $____________ per day will be assessed, retroactive to the first (1st) day of the month. All money paid hereunder will be applied first to late fees and other charges, then to rent. If all sums are not paid by the tenth (10th) of any month, the Resident will be subject to eviction, in accordance with Section 723.061, Florida Statutes. Residents leaving for an extended absence (more than one (1) month) must make arrangements for rental payments with Management. All rents are payable to CHULAVISTA LANDINGS. All rents are due in United States currency. Additional charges that may be assessed against a manufactured home owner, and which shall be deemed additional rent, include: (a) (b) Return Check Charge: $____________ service charge for each check returned for insufficient funds. Entrance Fee: Although it is not common practice of the Community Owner to charge an entrance fee, the Community Owner reserves the right
(f) to charge an entrance fee upon each entry and placement of a manufactured home in the Community. The amount of such entrance fees shall be disclosed to the manufactured home owner in writing prior to occupancy. The current charge is $__________. Any such charge shall be in accordance with Section 723.041, Florida Statutes (2012). (c) Deposits: Although it is not common practice of the Community Owner to charge deposits, the Community Owner reserves the right to charge deposits upon each entry and placement of a manufactured home in the Community. The amounts of each deposit shall be disclosed to the manufactured home owner in writing prior to occupancy. The current charge is $______________. Storage Fees: The Community Owner has the right to charge fees for storage of personal property. The current charge is $____________ per item per month for open storage and $____________ per item per month for secured storage. Individual Maintenance: The costs of mowing, gardening, fumigating, cleaning, and/or otherwise maintaining the manufactured home owner’s lot or manufactured home in the event of said manufactured home owner’s failure to do so. Charges for this service are $____________ per hour with a minimum charge of $____________. Boats: The Community Owner reserves the right to charge fees for boat docks, slips, and anchorage. The current charge is $__________ per year. (d) (e) Resident shall be entitled to keep any registered, approved pet(s) owned as of the effective date hereof (the “Existing Pets”), but Resident shall not be entitled to replace the Existing Pet(s) or acquire any additional pets without the prior written consent of Management. Resident acknowledges that in the event any Existing Pet(s) die or otherwise leave the Community they shall not be replaced, and that when the Existing Pet(s) die or otherwise leave the Community, Resident shall reside in the Community without a pet in compliance with these Rules and Regulations, unless first obtaining prior written consent of Management for a replacement pet and entering into a Pet Agreement in the form attached hereto as Exhibit “1.” Within thirty (30) days of the effective date hereof, Residents owning Existing Pets shall enter into a Pet Agreement with Management. Resident may keep no more than two (2) pets, not to exceed sixteen (16) inches at the shoulder and/or twenty five (25) pounds each at maturity. Exceptions are made for properly registered service animals. Cats are permitted throughout the Community, but must be kept indoors unless leashed. No animals will be allowed to run freely. They must be on a leash no greater than six (6) feet in length when outdoors, including on Resident’s lot, and
accompanied by Resident at all times. Loose or stray animals are subject to capture and removal from the Community. If for any reason your pet becomes lost, please notify Management at once to assist in its prompt return. 4. Resident may keep domestic animal pets only, defined as: (a) (b) (c) 5. 6. 7. 8. Dog Cat Other domestic animal as approved by Community Owner/Management. 9. 10. No pets are allowed in any recreational buildings. properly registered service animals. No exotic pets are allowed in the Community. Guests’ pets must follow the same restrictions. No pet enclosure, including, but not limited to, dog houses, are allowed. Pets must be kept inside Resident’s manufactured home if unattended. If an animal is a Community nuisance, it cannot be kept in the Community. Excessive noise is not allowed, and pets must not annoy Resident’s neighbors. Pets must not be left alone if they bark, whine, or cry when by themselves. Pet waste must be picked up and disposed of at all times. Exceptions are made for 11. The following breeds are not permitted at this time: Pit Bulls, Chow Chows, Rottweilers, Doberman Pinschers, German Shepherds, and any other breed that the Community Owner or the Community Owner’s Liability Insurance carrier excludes from liability coverage from time to time. SERVICE ANIMALS 1. The Community recognizes that the Americans with Disabilities Act (“ADA”) requires that a public accommodation modify its policies, practices, and procedures to permit the use of Service Animals by an individual with a disability. To qualify to have a Service Animal a resident must substantiate to Management that they meet the ADA’s definition of “disabled” as set forth in 42 U.S.C. § 12102. The ADA defines the term “disability,” with respect to an individual, to mean: (a) (b) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or
(c) 3. being regarded as having such impairment. 4. 5. 6. Florida and Federal regulations prohibit mere pets from being classified as “Service Animals.” According to §413.08(1), Florida Statutes, a “Service Animal” is defined as an animal that is trained for the purposes of assisting and accommodating a disabled person’s sensory, mental, or physical disability. Federal regulations provide in relevant part, “Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.” To qualify to have a Service Animal, a Resident must substantiate to Community Owner/Management that their “Service Animal” has been trained to perform a function that assists or accommodates the Resident’s sensory, mental, or physical disability, and must register the Service Animal with Management. All Service Animals must comply with the following Rules and Regulations; (a) (b) (c) Service Animals must be housed inside the Resident’s home; they may not run loose in the Community nor be housed in an outdoor enclosure. Owners of Service Animals must comply with all applicable state, county, and local laws. Residents shall at all times be responsible for any and all damages caused by Resident’s Service Animal to the property of the Community or another Residents in the Community, and for any and all injuries caused by Resident’s Service Animal. MAIL 1. 2. Mail is delivered to your assigned mailbox. In Community mail is delivered to your home mailbox, which shall be placed by main entrance to the home. SOLICITING 1. No commercial enterprise or business of any nature may be conducted by Resident in the Community without the prior written approval of the Community Owner/Management, nor may advertising materials be distributed or posted within the Community without Management’s prior written approval. This restriction applies to the delivery of commercial or business handbills of any nature, although Management may distribute written materials to Residents. This rule does not preclude Resident’s right, as allowed by Section 723.054, Florida
Statutes, to communicate on matters of common interest, relative to the Community. Further, Community recreational and social or news organizations may distribute written materials of a non-commercial nature. 2. Selling, peddling, soliciting, or commercial enterprises of any kind within the Community are not permitted. Please contact Management if you see or experience sales activities taking place. Notwithstanding, nothing herein prevents or infringes on the right of a Resident from canvassing manufactured home owners for the purposes described in Florida Statutes §723. REFUSE 1. 2. Every Resident has a responsibility to help keep the Community neat and clean. Proper disposal of garbage and refuse is important to our health. All garbage is to be placed in plastic bags, tied at the top, and placed at the curb in front of the lot on trash pickup days. Pickup days are as posted. No trash is to be placed out the night before pick up unless it is in a covered container. No burning of trash, leaves, or other material is allowed. All grass cuttings, leaves, trimmings, etc. will be placed on the Resident’s lot, by the roadway, for pick up on Monday, or as posted, and may not be placed out until the morning of pick-up. Prohibited items include tires, auto batteries, oils, petroleum products, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, toxic substances or materials, as defined by, characterized, or listed under applicable Federal, State, or Local laws or regulations. 3. 4. 5. VACATING THE COMMUNITY 1. 2. Thirty (30) days notice must be given, in writing, prior to moving. Otherwise, an additional month's rent will be due and payable. Thirty (30) days prior to any resident vacating the Community, which includes the removal of the manufactured home from the lot, resident must furnish the Park Owner with a true copy of the contract for removal of the Home located on the lot. Resident shall insure the removal of the manufacture home, carport, storage shed(s), all attachments, skirting, anchors, and steps (the “Improvements”)in a workmanlike fashion, leaving the lot in a broom-clean condition. Proof of liability and worker’s compensation insurance is required to be provided by the contractor performing the work. Resident shall have five (5) days to have the Home removed from the date of the commencement of the removal of the Home. Please leave a forwarding address for any mail or telephone calls that may be received.
Q. DESTRUCTION OF MANUFACTURED HOME 1. If Resident’s manufactured home is completely or substantially destroyed by fire, storm, or casualty, Resident shall promptly remove all debris from the lot and take all other actions required to render the lot fully tenable for another manufactured home. If Resident fails to do so within thirty (30) days after demand by Management, Management shall have the right (but not the obligation) to remove such debris and take action to make the lot tenable. If Resident’s manufactured home is completely and substantially destroyed by fire, storm, or other casualty, and if Resident shall remove all debris and take all other action required to render the lot fully tenable for another manufactured home, then the Resident (at his or her option) may install another manufactured home on the lot, subject to such manufactured home being approve by Management as provided in the Rules and Regulations, or terminate Resident’s Lot Rental Agreement upon thirty (30) days prior written notice to Management, without penalty or charge. Damage or destruction of a manufactured home shall not cause rent to abate. If a manufactured home is substantially destroyed by fire or storm, and Resident shall fail to make timely payment of the two (2) rent payments next falling due following the fire or storm, Resident shall be deemed conclusively to have surrendered the Lot Rental Agreement and abandoned the property situated on the lot, and Community Owner, at its option, shall be entitled to evict the Resident in accordance with Florida Statute §723.061. 2. 3. R. GUESTS AND VISITORS 1. A guest is defined as a person whose stay at the request of a Resident does not exceed fifteen (15) consecutive days or thirty (30) days total per year, unless such person has the prior written permission of the Community Owner. The spouse of a Resident shall not be considered a guest. Guests staying over fifteen (15) consecutive days time period is at the discretion of the Community Owner/Management, and with a charge of $__________ per week per guest. No guest shall exceed thirty (30) total days per year, unless approved as an additional occupant. Please do not ask us to make exceptions because of family problems. We have many other residents to consider. Residents are entirely responsible, legally and financially, for their guests’ actions. Guests must comply with all Community Rules and Regulations, Residents should advise them accordingly. You must register all guests with the Community Office. If a guest has not been registered, he/she will not be permitted to use the facilities. Only registered guests may use the recreational facilities and the laundry.
S. 4. T. CHILDREN 1. 2. The Community is intended for and operated as Housing for Older Persons. Persons under forty (40) years of age are not allowed to reside at the property. Children may visit from time to time, such visits to be of short duration not to exceed fifteen (15) consecutive days or thirty (30) total days per year. Children are not permitted to live in the Community on a permanent basis. Children must be supervised by the Resident they are visiting or a responsible Adult Registered Guest at all times, with the Resident being solely financially responsible for any damage they may cause. Children under the age of eighteen (18) are not allowed in the recreation areas, including the pool, unless accompanied by a Resident or Adult Registered Guest. 3. CONDUCT 1. 2. 3. Each person occupying any lot shall conduct himself or herself in a lawful manner. Residents may not trespass on other lots in the Community. Please respect your neighbors’ privacy. Radio volume shall be lowered at the Community entrance and at all times while in the Community must be maintained at a volume that cannot be heard from outside of the vehicle. Loud noises; disorderly conduct; abusive, profane, and/or threatening language; harassment of Residents or their guests shall not be permitted. Residents and their guests shall conduct themselves so as not to interfere with the peaceful enjoyment of the Community by its Residents. Residents shall be required to operate televisions, radios, stereos, etc. in such a way that does not disturb their neighbors. Special care is expected between the hours of 9 PM and 8 AM. Report vandalism of private or Community property to Management promptly. Residents shall not undertake any illegal activity, especially the use, transfer, possession, or creation of illegal drugs in or about the Community, and shall not allow any such activity in or about the Resident’s lot or home site. If deemed appropriate, suspicious activity will be reported to the local police department and the Federal Drug Enforcement Agency. Any Resident who violates this provision of these Rules and Regulations will be subject to eviction pursuant to 723.061, Florida Statutes. 4. 5. 6. 7.
U. FIRE, EMERGENCIES, AND SAFETY 1. 2. In the event you have called the Fire Department, EMS, or Law Enforcement for assistance, notify the Manager immediately after calling 911. For your protection, as well as that of your neighbor, please call the Manager anytime you feel something of an unusual nature is going on; the phone number is (813) 645-1411. We ask the help of all the Residents in policing the property. No matter what time of day or night, please report any suspicious behavior to the Manager immediately upon noticing it. If you see anyone that is acting suspiciously or causing a disturbance the way they are driving through the Community, try to get their license number and a description of the vehicle, and call the Police or the Manager immediately. If we all work together, we may be able to prevent some problems from occurring. 3. V. RESPONSIBILITY AND LIABILITY 1. 2. 3. 4. 5. 6. 7. 8. Residents are responsible for complying with all applicable laws, ordinances, and regulations of the city, county, and state. The Community Owner shall not be liable for accident or injury to life or property for resident’s or guest’s use of the recreational facilities. Residents and their guests avail themselves of these facilities at their own risk. Residents are responsible for damages caused by their family and guests. Neighborhood disputes are not the concern of the Community Owner or Management unless the Community is involved. Personality conflicts are not under the purview of the Community Owner. Please respect your neighbor. All persons who enter or live in the Community do so at their own risk. The Community Owner and Management of the Community absolve themselves from all liability or responsibility pertaining to loss by accident, property damage, fire, theft, or any other cause whatsoever, whether by automobile, other vehicle, or otherwise, regardless of the location of same on the Chulavista Landings property. The Management shall not be responsible for the loss or damage caused by accident, fire, theft, or act of God to any manufactured home or personal property left by Residents or their guests on the premises. Management will not be responsible for supplies or equipment sent to the recreation hall for private use by any Resident.
10. The Community Owner/Management will provide Residents with the standard services of water, sewer, and trash collection. The Community Owner will maintain all common areas, including the laundry. 11. The Community Owner/Management will maintain the common main line underground water and sewer utilities up to the point at which they connect to the manufactured home. The Resident is responsible to maintain their own water, sewer, and electrical lines and utilities. CONCERNS AND COMPLAINTS 1. All concerns and/or complaints must be in writing on the Community’s Concern Form, signed and dated, and delivered to Management. Management is responsible for responding within seven (7) days. Legitimate concerns/complaints should be reported to the Community Management. The concerns/complaints of habitual complainers or agitators will not be addressed by Management. 2. MISCELLANEOUS 1. The Community Office hours are: November through April, Monday through Wednesday and Friday, 9:00 AM to 1:00 PM, Thursday, 3:00 PM to 6:00 PM or as posted; May through October, Monday through Wednesday and Friday, 9:00 AM to 11:00 AM, Thursday, 4:00 PM to 6:00 PM or as posted. Residents shall advise the Community Management when leaving the Community for an extended period of time, two (2) weeks or longer, and leave an address, telephone number, and/or email address where they may be contacted if necessary. In the event of fire or some other emergency, it is the Resident’s responsibility to notify Management immediately after calling 911. If a Resident is, for some reason, without a telephone or other means of communication, Management will make every effort to promptly notify the Resident of emergency calls received by Management (such calls as interpreted as having to do with serious illness, accident, or death). Management does not assume responsibility for delivery of any message, or for failure to report such messages. WATER LEAKS AND USAGE. (a) A series of seemingly small leaks can increase water consumption by many thousands of gallons a day! A slowly dripping faucet will waste over FIFTEEN (15) gallons of water a day, and a leaking toilet will waste over TWO HUNDRED (200) gallons of water a day. 2. 3. 4. 5.
(b) (c) Repair all leaks as soon as discovered. Make regular checks for leaks inside, outside, and under your manufactured home. Report all leaks of common property as soon as discovered. Watering of lawns, shrubs, plants, etc. is allowed only on specific days and hours as defined by the County of Hillsborough and Southwest Florida Water Management. Not knowing the current days and hours will be no excuse for unauthorized watering. The Resident is solely responsible for any fines levied due to unauthorized watering. The Community Owner/Management shall bear no responsibility for same. SPECIAL NOTICE 1. Community Owner/Management reserves the right to change these Rules and Regulations as necessary in order to maintain high and exacting standards and to comply with the changes in state, county, or city regulations. All changes will be effective upon ninety (90) days notice in writing (or lesser periods as may be allowed under applicable law) following the procedures as set forth in Chapter 723, Florida Statutes. If any provision of these Rules and Regulations be contrary to any law of any jurisdiction in which the Community is located, it shall not be applied or be enforced. However, the other provisions of these Rules and Regulations shall not be affected and shall continue in full force and effect. The Rules and Regulations as presented herein are adopted by the Community Owner and supersede and replace all Rules and Regulations previously in effect prior to the date of approval by the Florida Department of Business and Professional Regulation. If Community Owner/Management is required to take any action to enforce the Rules and Regulations, the prevailing party shall be entitled to receive all reasonable attorney’s fees pursuant to Chapter 723, Florida Statutes, and any other costs recoverable by law. 2. 3. 4. EVICTION 1. A manufactured home owner may be evicted from the Community only on one (1) or more of the grounds listed in Chapter 723, Florida Statutes. The currently approved grounds are summarized below: (a) (b) Nonpayment of lot rental amount. Conviction of a violation or a federal or state law, or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of the other Residents of the Community.
(c) (d) (e) Violation of a Community Rule or Regulation, the Lot Rental Agreement, or the provisions of Chapter 723, Florida Statutes. Change in the use of the land comprising the Community, or the portion thereof from which one (1) or more manufactured home(s) are to be removed. Failure of the purchaser of a manufactured home situated in the Community to be qualified as, and obtain approval to become, as Resident. Please review Florida Statutes, Section 723.061 for further details.