APRIL 2005

RULES AND REGULATIONS

Emerald Lakes Mobile Home Park

These Rules and Regulations have been developed for your convenience and protection and supersede and cancel all previous Rules and Regulations. If we are to be successful in achieving a high standard and quality of living in our Community, it is necessary that we have your cooperation. These Rules and Regulations apply to all "Homeowners" as defined in Chapter 723, Florida Statutes and "Members" of the Co-op as in Chapter 719 Florida Statutes (hereinafter collectively named ("Resident(s)") and to Renters and Guests where appropriate. The owner of the Park ("Community") is EMERALD LAKES CO-OP, INC. (hereinafter named Co-op or Management).

The rights of Management set forth in these Rules and Regulations are cumulative and failure of Management to exercise any rights shall not operate to forfeit any other rights of Management. No waiver by Management of any Rule or Regulation shall be deemed to constitute or imply a further waiver of that rule or any other rule or regulation. These Rules may be amended from time to time. All Homeowners will receive written notice of amendments 90 days prior to effective date of the amendment. Any violation of these Rules and Regulations by a Resident will be considered a breach of the terms of tenancy.

Your Management has many duties and responsibilities including enforcement of the rules when necessary. We request that only flagrant and repeated violations be reported to Management. Minor, infrequent infractions (which, in most cases, are the result of temporary thoughtlessness) and, specifically, personal conflicts between neighbors, are not within the scope of Management's responsibility.

I. ADMISSIONS/OCCUPANCY

Emerald Lakes is a retirement community for 55+ persons. Management reserves the right to refuse admittance to the park. Residents shall not, without the written consent of the Directors of the Co-op ("Directors"), on such condition as the Directors may prescribe, occupy or use the mobile home and Homesite or permit the same or any part thereof to be occupied or used for any purpose other than as a private dwelling for Residents or Members of Resident's family. In no event shall more than two persons permanently reside in the mobile home without the written consent of the Directors. One Resident in each mobile home shall be fifty-five (55) years of age or older. The second resident must be at least forty (40) years of age. However, if ninety-five (95%) of the mobile homes in the park are occupied by at least one person fifty-five (55) years or older, then the Directors, at their sole discretion, may (but are not required to) permit occupancy by two persons, neither of which is fifty-five (55) years or older, but both of whom must be at least forty (40) years of age. No other person, or Member of Resident's family, shall permanently reside in the unit who is not at least forty (40) years of age or older without the written consent of the Directors. Prospective residents must provide written verification of age, furnish references, if requested, and be considered by the Directors to be compatible with other residents of the park. Any Home occupation or use permitted hereunder is subject to compliance with the rules and regulations and the bylaws of the Co-op, applicable zoning laws, building code or other rules and regulations of governmental authorities having jurisdiction, all of the above as may be amended from time to time. In addition to the foregoing, the unit may be occupied from time to time by qualifying guests of Resident, as long as such occupancy does not violate applicable zoning laws, building codes or other rules and regulations of governmental authorities having jurisdiction. Occupancy by guests (invitees) of Resident shall be for a period of time not exceeding fifteen (15) consecutive days or thirty (30) total days per year, unless a longer period is approved in writing by the Directors. No guest (invitees) may occupy the unit unless one or more of the Residents are then in occupancy or unless consented to in writing by the Directors.

II. MOBILE HOME AND HOMESITE

A. MOBILE HOME. All mobile homes, Homesites, and Waterfront structures, carports, porch additions, driveways and lawn ("Home" or "Homesite") shall be kept neat, orderly, clean and repaired. Damage caused by weathering, deterioration, storms, etc. must be restored to original condition or better or be removed. The Co-op may request that a Home be moved from the Park if it does not meet the required standards or it is not compatible in condition to other Homes in the Park. Failure to remove the Home upon request shall be considered a breach of the Rules and Regulations of the Park and constitute grounds for eviction. The Home must be a minimum of 12 feet wide. All skirting is to be split brick, manufactured aluminum or vinyl. The open space between the bricks is not to be more than half the length of the brick. All awnings, patio covers, carports and utility sheds are to be white aluminum or a color that matches the color of the Home. Patio covers are to be no less than 10 feet by 12 feet and carports are to be no less than 12 feet by 22 feet unless lot size prohibits those sizes. Patios and driveways are to be of concrete with the patios no less than 10 feet by 12 feet and driveway, no less than 11 feet wide by the distance from the street to the back corner of the Home.

For security purposes, each Home is furnished with an outdoor post light, which is connected to the Resident's electric meter. Residents are responsible for the upkeep of the post light, (which is to remain black and uniform), and are required to keep this light operating from dusk to dawn, whether at Home or away.

Yard ornaments are discouraged. These are permitted only by submitting drawings or specifications to management for approval. Ornaments should be limited in number and tasteful in appearance. Yard ornaments referred to herein refer to both ceramic ornaments as well as windmills, weather vanes, sun dials, and other numerous and sundry items and paraphernalia commonly seen in many yards, and sometimes in excessive numbers.

Homesites contain extensive underground utilities, including high voltage, electric transmission lines; therefore, any digging must have Management approval.

Washing machines and/or dryers are only permitted in the Home or utility shed and are not permitted on open patios or in carports. Only furniture specifically designed for outdoor use is allowed outside the Home.

B. MAINTENANCE. Mobile homes and Homesites shall be attractively maintained by the Resident. The Resident is responsible for the Home, structural appurtenances, and all items located on the Homesite as well as mowing, watering, weeding, edging, trimming, and general care of the lawn, and maintenance of all trees on their lot, including fertilization and treatment for insect infestation. Excessive watering which causes draining into streets, carports, adjacent other Homesites and under Homes is not permitted. Residents leaving for a period of more than two (2) weeks must notify the office of their leaving and what arrangements they have made to care for their Homesite during absence. Homesites which are not maintained to the standards of the community will be maintained by the Co-op and a minimum fee of $50.00 per occurrence will be charged. Maintenance of the landscaping is the responsibility of the Resident. Additional landscaping and shrubs of Xeriscape plantings only, may be planted with the approval of Management as to type and location. Examples of Xeriscape plantings are: palm trees, junipers, gardenias, bottle brush, asparagus fern and cathers. All new construction, improvements or painting done or caused to be done by a Resident or Contractor to the exterior of a Home or on the Homesite must first meet Co-op guidelines and be approved by Architectural/Structural Committee. Any contractor doing work in the Park must be approved by the Co-op and licensed.

Each Resident shall be responsible for replacement and servicing of their gas, electrical, television wires or connections. The Resident is responsible for the maintenance of electrical lines from the point of meter base to the mobile home.

Residents with waterfront Homes shall not, in any way, alter the waterfront of their lots without the prior written approval of the Directors. Residents may not permit non-owned watercraft to park at the resident’s homesite, dock, or in his/her slip, unless the resident has removed his watercraft from the homesite, the boat slip and the docking facility. Extended stay by guest, visitor or invitee watercraft will need Co-op approval.

Docks, dock covers, boat houses, boat lifts and boat lift covers constructed or altered on or adjacent to any Homesite will need Co-op approval. No enclosed boathouses will be allowed.

All the above must have plans and drawings submitted to Co-op in accordance with all applicable laws, rules, ordinances or regulations.

C. STORAGE AND FENCES. Storage under the mobile home is not allowed. No items are to be stored or left outside of the Home unless they are in the enclosed attached storage shed or have been permitted in writing by Management. Fences and all such types of restrictions are prohibited, other than those perimeter fences which are erected by the Co-op for the convenience and safety of the Residents.

D. CLOTHESLINES. No clotheslines may be installed on individual lots. All outside laundry drying is to be done on the lines provided next to the laundry building (see rule XIX).

E. AUTOMOBILES/RV. Only two (2) licensed vehicles are permitted to be parked at each Homesite. Permitted vehicles include automobiles, vans, and pick-up trucks. No vehicles shall be parked on the Community streets or lawns. All vehicles must be operable and parked completely under the carport cover of your Home, or in the driveway. Golf carts, mopeds, minibikes and motorcycles are permitted in the Community provided they are equipped with proper mufflers and are to be used as transportation by Residents in the Community. No minor children (without an adult present) will be permitted to operate any vehicle within the Community. Recreational vehicles, boats, all trailers, motor homes and trucks (including semis and dump trucks) are not permitted in the Community, except for loading and unloading, which shall not exceed a 24-hour period. No major repairs or rebuilding of vehicles, trailers, recreational vehicles, or boats is permitted on the Homesites. A boat and trailer may be stored in the carport while the Resident is away (one (1) month or more). No unlicensed vehicles are allowed in the Park. Residents and their guests shall park their vehicles only on their own driveways or neighboring driveways with permission of the neighbor, or carports or designated parking spots around the clubhouse or maintenance shed. Those residents living on the Island should use the grassy area near the entrance for additional parking.

F. GARBAGE AND TRASH. All trash containers must be reasonably stored out of sight. Garbage and Trash pickup dates will be published at the Community Office and on the Community bulletin board. No garbage or trash is to be placed at curbside before 7 p.m. prior to pickup day. All garbage, trash, grass clippings and debris must be in plastic bags and not to exceed 50 pounds per bag. All tree and shrubbery trimmings must be tied in small bundles and not exceed 4 feet in length or 50 pounds per bundle. No garbage or trash will be picked up in broken bags. All boxes must be flattened. No burning of trash, leaves or other materials is allowed. All containers must be placed by the edge of the driveway or lawn, but not in the street.

If in doubt concerning large disposals, please contact Management. Under NO circumstances are coffee grounds, grease, paper towels, or undissolvable materials to be run through the sewer system. It is required that all such items be disposed of in your garbage. Houseguests should be advised of these requirements. Proper disposal of refuse is extremely important.

A.  MULTIPLE MOBILE HOME OWNERSHIP RESTRICTION.

No person or entity, either in its own name or in a representative capacity, whether disclosed or undisclosed, may hold an interest of any type in more than two Mobile Homes located at Emerald Lakes Mobile Home Park at one time. This provision shall not apply to the Cooperative or institutional lenders who have an interest in the Mobile Homes as security or who obtain titles to Mobile Homes in lieu of foreclosure or by judicial foreclosure proceedings or other legal proceeding. For purposes of the foregoing, an "institutional lender" shall mean and refer to banks, credit unions, savings and loan institutions, insurance companies and other financial businesses licensed by the State of Florida or by another state and which regularly engage in the business of lending to the general public. This provision shall not apply to existing mobile home owners who currently own more than two Mobile Homes so long as those Mobile Homes are owned by such Homeowners, provided however, that the limitation contained in this section shall apply to interest acquired and transferred after the effective date of this amendment. Failure to fully and honestly comply with this provision shall be a basis for denial or approval to transfer the Mobile Homes by sale, lease, or otherwise. The failure of a person or entity to fully disclose its interest in a Mobile Home being acquired shall be a basis for an action to set aside the transfer, and shall also constitute a basis for denial of the future right to transfer Mobile Homes to any other person or entity who participated in the transfer. In any proceeding arising under this provision, the prevailing party shall be entitled to recover its reasonable attorney’s fees and cost.

III. RESALE OF MEMBERSHIPS/MOBILE HOMES

If Homeowners desire to sell their Home or Members desire to sell their Memberships (Cooperative interests), the Co-op can assist in locating a buyer. Contact the Co-op office for assistance.

No prospective purchasers of mobile homes or Memberships will be admitted to the Community without the prior written approval of the Directors. Applications for admission (for which there may be a fee) to the Community must be completed by all prospective Residents.

"For Sale" signs no larger than 10" x 12" may be displayed with the following restrictions:

A. Only two (2) "For Sale" signs may be displayed for each Home.

B. "For Sale" signs may be placed in the window of the mobile home and/or on the light post under the name sign.

IV. VACATING MOBILE HOME LOT.

At least 30 days prior to vacating the mobile home lot and removing the mobile home, the Resident must notify park Management, in writing, of their intention to remove the mobile home together with the date of the planned removal and proper permits. Upon notifying the park Management, the Resident shall deposit with park Management the sum of $2,500 for the purpose of ensuring that the vacated lot is left in acceptable condition in accordance with the following rules.

A. All trash, clippings, and loose objects must be removed from the lot.

B. The lawn must be cut and all shrubs and trees must be trimmed. All

foundation and other structures that are above ground level must be

removed and the ground must be filled to grade.

C. All water and sewer pipes and connections must be left in good repair.

D. All electric cables must be removed.

E. All meter boxes must be in a state of good repair.

F. All cable T.V. wires must be in a state of good repair.

G. The driveway and carport must be cleared and cleaned.

H. Management will inspect the vacated lot and if the Resident has complied

with all of the above rules, the $2,500 deposit will be returned. In the event

that there is non-compliance with above rules, park Management will bring

the lot into compliance and deduct from the deposit the cost thereof.

V. PETS

A. For the purposes of these rules and regulations, a "Pet" is defined as a

domesticated household animal weighing twenty five (25) pounds or less

and not more than fourteen (14) inches in height.

B. All Residents of the Community who reside in the Community as of

March 15, 2001, who have a dog at their Homesite may continue to have a

dog. Further, if that dog dies, said Resident may NOT replace it with

another dog. When said existing Resident sells their Home, their

successors or assigns shall not have a dog.

C. All new Residents admitted to the Community after March 15, 2001, shall

not be allowed to have a dog in the Community.

D. No Resident(s) shall be permitted to have more than two Pets in the

Community.

E. Every Resident Pet owner must register their Pet with the Community

Manager.

F. No visitor, guest or invitee may bring Pets into the Community.

G. All Residents must comply with applicable leash laws. No Pet shall be

allowed to run freely in the Community or be left tied outside. Dogs and

cats must be leashed when being walked outside of the Home and must

not be allowed to trespass on other lots or the Co-ops' common grassed

areas. Adults must accompany Pets when they are being walked.

H. Pet owners are restricted to using their own yards for their Pet's toilet

facilities. Pet owners must clean up their Pet's litter from the Homesite or

wherever located.

I. Where applicable, Pet owners must ensure that their Pets wear necessary

tags or registration from the applicable governmental authority.

J. If a Pet is not properly registered with Management and the appropriate

governmental authority, the Pet must be removed from the Community.

K. Noisy or unruly Pets about which written and justifiable complaints have

been received by Management will not be permitted to remain in the

Community and such Pets must be removed after receipt of the second

written complaint to Management.

L. Pet owners are responsible for any damage of any kind to the person or

property of other Residents, guests, visitors or Community Employees.

M. Pet dishes for food and water must be kept in screened-in patios or in the

Home.

N. All Pet owners shall comply with the applicable ordinance and codes of

the City of Clermont, Florida. Stray animals (including Pets not on a leash)

will be trapped and removed from the Community by the Animal Control

Department of the City of Clermont.

VI. PAYMENTS TO CO-OP.

Rent, maintenance fees, and all assessments are due on the first day of the month and become delinquent after 4 p.m. on the fifth (5th) day of the month. A minimum fee of $15.00 will be assessed for all delinquent payments. An additional penalty of $10.00 will be assessed after the 15th day of each month. There shall be a minimum fee of $25.00 for all checks returned for insufficient funds. Interest at the maximum legal rate shall be charged on all unpaid fees and assessments that are overdue by thirty (30) days or more.

VII. SUBLETTING.

Subletting is allowed only with the approval of Management. All prospective Renters must be approved by Management and acknowledge that they have received a copy of the community Rules and Regulations. ALL Residents who are subletting property located in the Emerald Lakes Community and their Renters, are required to register at the Office.

VIII. RESIDENT INFORMATION.

ALL Residents must furnish to the office the name, address, and phone number of a person to contact in case of an emergency. The office should be notified when the Resident is leaving the park for an extended period of time.

IX. GUESTS.

Visitor passes have been furnished to all Residents. All overnight guests ("invitees") must display a vistors pass in their vehicle while on the Community property.

X. NOISE.

Loud noise, boisterous conduct and any activities, including hobbies or avocations, which might pose a threat or create a significant inconvenience for the Residents of the community are prohibited. Please control the volume of your TV or radio at all times. Quiet shall be maintained between the hours of 9 p.m. and 8 a.m. (except for maintenance and emergencies).

XI. EVICTION.

Co-op may evict Residents in accordance with the provisions of Emerald Lakes Master Form Proprietary Lease and Florida Statutes.

XII. RESIDENTIAL COMMUNITY.

Emerald Lakes Mobile Home Park is a RESIDENTIAL community. No business or commercial operation is permitted without the express written consent of the Directors. Said written consent, if received, can be rescinded with a thirty (30) day written notice from the Directors or immediately, if said activity constitutes a threat to the health, safety, or general welfare and convenience of other Residents of the community.

XIII. MARINA.

Emerald Lakes Co-op, Inc. and its Management assumes no liability or responsibility for any accidents involving individual boats, boat docks or their operation. The boat basin and the community shoreline is a "No Wake" zone. Fish may not be cleaned at or near the waterfront nor are entrails to be thrown into the water. Extensive repairs, painting, overhauling or construction of boats is prohibited. Trailers should be washed at boat launching area and not in front of the Homesite. Management has complete control of renting or sub-renting boat slips. Each Resident using a boat slip is responsible for their immediate area to see that it is kept clean and orderly.

No additions to boat docks/slips located on the common areas will be allowed, including covers/roofs.

XIV. HOT WATER HEATERS.

All cold water input lines to hot water heaters must have an in-line check valve to prevent drainage of the tank. Emerald Lakes Mobile Home Park will not be responsible for damage to electrical units or hot water tanks.

XV. PLUMBING FIXTURES.

All new or replacement plumbing fixtures must be ultra-low volume plumbing features and must comply with the following maximum flow volumes at 80 PSI:

Toilets: 1.6 gal/flush

Urinals: 1.0 gal/flush

Shower heads: 2.5 gal/min

Faucets (bathroom) 2.0 gal/min

(kitchen) 2.5 gal/min

XVI. RECREATION FACILITIES.

A. Recreation facilities are provided for the use of Residents and guests.

B. All guests under 18 must be accompanied by an adult.

C. Equipment and facilities are to be used at your own risk.

D. Hours of operation and rules regarding each facility, i.e. laundry, pool, recreation building, shuffleboard, etc. are posted for your safety and convenience.

E. Private use of the recreation facilities must be scheduled with Management. Residents shall deposit with Management the sum of $200 plus a separate check for $25 gratuity. The $200 deposit is refundable if facility is left in acceptable condition.

F. No bare feet or cleated shoes, nor swimsuits, are allowed in the Clubhouse.

G. Residents must receive approval from Management prior to posting larger than 9" x 14" general notices on the Bulletin Board. Undated notices will be removed after one-week posting.

H. If it becomes necessary to control the use of the recreation facilities, identification tags may be required for all guests using the recreational facilities.

XVII. POOL RULES.

A. The pool hours are posted in the pool area. 9 A.M. TO DUSK

B. The pool capacity is 25 persons.

C. Swim at your own risk; there is no lifeguard on duty.

D. Persons must shower before entering pool.

E. No suntan lotion, soap, or oil is permitted in pool.

F. Long hair must be either covered or tied back.

G. Pool is restricted to Emerald Lakes Residents and registered guests

only.

H. Persons under the age of 18 must be accompanied by a Parent, Resident, or Registered guest.

I. No running or horseplay in/or around pool. (No cannon balling or splashing)

J. No food and drink are allowed in pool or within 4 (four) feet of pool perimeter. No glass or other breakable items.

K. Persons in swim attire cannot enter the clubhouse without cover-up and footwear.

L. No children or adults who are incontinent or who lack toilet skills are allowed in the pool without water impermeable clothing.

M. Pool and pool area must be kept clean.

N. No animals are allowed in pool or pool area.

O. Showers are for pool use only.

Wristband ID tags for all visitors are available in office.

Q. NO DIVING.

XVIII. SOLICITATIONS.

Door to door solicitation is not permitted: notify the office of person soliciting. Please discourage solicitation by telling anyone who comes to your door about our no solicitation rule and, further, refuse to cooperate with the solicitor. Canvassing however, by Residents, for the purpose of Co-op or Homeowners Associations business is permitted.

XIX. COMMUNITY LAUNDRY.

Use of the Community laundry is permitted between 8:00 a.m. and 9:00 p.m. only.

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. All outside laundry drying is to be done on the lines provided next to the laundry building. Drying clothes on your patio or Homesite is not permitted. Remove clothes from the washers, dryers and lines as soon as they are finished so that others may have the opportunity to use the facilities. Laundry room is not to be used for personal need such as ironing of clothes, washing of hair, etc. No washing of heavy rugs, quilts or pet's bedding permitted.

XX. CABLE TV/ANTENNAS.

A. Any expenses incurred for cable TV such as hook-ups, outlets, etc. must be paid by the Resident.

B. Subject to applicable Federal and State Regulations, no TV antennas shall be erected on the Home or Homesite. Use of FM or CB antennas are subject to the following stipulations. FM antenna and Satellite Dishes not to exceed 2 feet in height above the roof of the Home; CB base antenna of a single whip design not to exceed 10 feet above the roof of the Home and dishes up to 24" maximum. All antennas must be located at the rear of the Home in relation to the street. All two-way radio units must be licensed and in compliance with FCC regulations.

XXI. SEWER AND WATER LINES.

The Co-op is responsible for all sewer and water lines and connections up to the mobile home. The Residents are responsible for all sewer and water lines and connections under the mobile home. Under the mobile home is defined as that area within imaginary lines drawn downward from the outside exterior walls of the mobile home to the ground.

XXII. SPEED LIMITS.

For the safety and convenience of your neighbors and their guests, please control your rate of speed through our community and observe the posted speed limits of 15 MPH. Violation of the speed limit within the Park will subject the violator to eviction proceedings pursuant to Section 723.061.

XXIII. EMERGENCIES.

Report health, fire, theft, or vandalism emergencies directly to 911. The responsible governmental party concerned with handling these emergencies should respond. Specifically, know and have handy the numbers of your fire department, police or sheriff's department, local ambulance service, and county animal control officer.

XXIV. MAIL.

Mail is delivered to the Resident's assigned Emerald Lakes mailbox. Large items are delivered to the large item boxes. Do not interfere with the postman while he/she is sorting mail for boxes.

When leaving the Community for more than a month, please sign out in the office leaving pertinent forwarding or other information. The correct mailing address for residents is:_______________, 1401 West Hwy. 50, Box_______, Clermont, Florida 34711.

XXV. CONVENIENCES.

The public conveniences in this community are maintained as a service to Residents and are regarded as part of their Home. Cooperation in keeping restrooms, laundry rooms and any other utility building and recreational facilities clean and serviceable is required.

XXVI. MANAGERS.

Respect the private nature of your manager's Home. Limit after hours phone calls and visits to emergency situations that require immediate action. If said emergency requires the involvement of a governmental service agency (police, fire, etc.) please call that agency directly.

XXVII. COMPLAINTS.

When a complaint relates to the personal conduct of another park Resident, said complaint must be in writing and signed by the person lodging the complaint. Disputes between neighbors, including personal conflicts and domestic quarrels, are not within the purview of Management and Management will not become involved unless such activities become detrimental to the community at large.

XXVIII. NOTICES.

All notices to the owner of the Park should be addressed to Emerald Lakes Co-op, Inc., 1401 West Hwy. 50, Office, Clermont, Florida 34711. Any notice from Management to the "Homeowners" and "Members" of the Co-op will be mailed or delivered to the Homeowner/Member at the Homeowner/Member address in the Community, or as on file in the office.

XXIX. AMENDMENTS.

These Rules and Regulations may be amended as deemed necessary by Park Management in accordance with applicable Florida Statutes and Rules.

 

APPROVED AND ADOPTED AS AMENDED by the Emerald Lakes Co-op, Inc. Directors this __________ day of ____________, 2005.

 

________________________ _________________________

Secretary President