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Brandywine Condominium Association
DECLARATION OF CONDOMINIUM as adopted January 2, 2006 and amended December
2, 2008, December 7, 2009, January 23, 2012, December 6, 2016, December
4, 2018, December 3, 2019 and December 7, 2021.
RULES AND REGULATIONS
For registration to the Precedent Owner’s website:
www.Precedentmgt.com
EXHIBIT “E” to the DECLARATION OF CONDOMINIUM of Brandywine
Condominium Association, Inc., as adopted January 2, 2006, and amended
through December 7, 2021.
The BRANDYWINE CONDOMINIUM shall be subject to the following
rules and regulations in addition to such other use restrictions as may
be set forth throughout the Declaration of Condominium and ByLaws for
this condominium.
A. Each unit of the condominium property shall be used
only for residential purposes, and as a single-family private dwelling
for the unit owner or tenant and the members of his family and social
guests and for no other purpose.
B. Unit Owners shall not permit or suffer anything to
be done or kept in their Units which will increase the rate of insurance
or the insurance premiums on the Condominium Property, or which will obstruct
or interfere with the rights of other Unit Owners or annoy them by unreasonable
noises or otherwise; nor shall the Unit Owners permit any nuisance or
commotion, immoral or illegal act in or about the Condominium Property.
Quiet Hours: Quiet Hours are from 10 p.m. to 8 a.m. (except contractors
employed by the Association may start working at 7 a.m.) and special attention
to the rules against nuisances will apply during these hours. Except in
the event of a plumbing, electrical, air conditioning, flood, or storm
damage emergency, Owners shall not employ any contractor on Sundays.
C. The use of the unit shall be consistent, and in compliance
with existing laws, the provisions of the Declaration of Condominium and
these rules and regulations.
D. Units may not be used for business use or for any
commercial use whatsoever except they may be leased for residential purposes.
E. Common Elements (i.e., parking areas, sidewalks) shall
not be obstructed, littered, or defaced or misused in any manner. Personal
possessions of Unit Owners or others (except for (1.) motor vehicles properly
parked in provided off-street parking spaces and (2.) Hazeltine Unit Owners,
who may store vehicles, golf carts, bicycles, and kayaks in their own
designated covered parking space) must not be left in the Common Elements.
When not in use, all such articles must be stored inside the Unit.
F. No structural changes or alterations shall be made
in any unit without prior approval of the Board of Directors, in writing.
G. Pets are not allowed except for fish and canary size
birds. Tenants or guests are not permitted to have pets on the property
at any time.
H. No sign, including, but not limited to, any "For
Sale" sign, advertisement, notice or other lettering shall be exhibited,
inscribed, painted, or affixed by any Unit Owner on any part of the outside
wall, or any common area of the premises, or on the window of a Unit,
except as authorized, in writing by a majority of the Board of Directors.
However, signs that comply with the requirements of this rule will be
deemed approved and no further action by the Board of Directors is required.
1. For Sale signs must be commercially printed signs, such as those type
available at hardware stores and office supply stores or a commercially
printed Real Estate company sign and may only be displayed between the
Unit window and the screen in front.
2. Commercially printed Open House signs may be used one day per week,
per Unit, and only during the hours of the open house. Open House signs
may be placed in the front yard. Balloons or banners associated with an
open house are prohibited.
3. A security Company service sign may be placed within 15-feet of the
front and rear doors of the Unit in the area of the foundation shrubbery.
Small security company window stickers are permitted.
I. The sidewalks, entrances, passages, vestibules, and
stairways must not be obstructed or encumbered or used for any purpose
other than ingress and egress to and from the premises.
J. No exterior curtain, blind, awning, glass, etc., shall
be installed on any porch without the prior approval of the Board of Directors.
An owner shall not individually paint or otherwise decorate or change
the appearance of any portion of the exterior of his unit. Repairs, screening,
and screening supports shall be at the owner's expense, unless covered
by the Association's insurance policy.
K. No baby carriages, bicycles or similar items shall
be allowed to stand, in the passageways or common areas of the Condominium
property.
L. No trash cans, supplies, or other articles shall be
placed on the sidewalks, staircase landings, stairs, or other common area
except where specifically designated. Nothing shall hang from the windows
or be placed upon the exterior windowsills. Neither shall any linen, cloths,
clothing, curtains, rugs, or mops be shaken or hung from any of the windows
or doors.
M. No unit owner shall make or permit any disturbing
noises in the building made by himself, his family, servants, employees,
agents, visitors, etc., or permit anything by such persons that will interfere
with the rights, comforts, or convenience of other unit owners.
N. Each unit owner and the occupants of a unit shall
maintain in good condition and repair his unit and all interior surface
within or surrounding said unit such as the surfaces of the walls, ceilings,
floors, etc., whether or not part of the unit or common elements, and
to maintain and repair the fixture therein and pay for any such utilities
as are separately metered to his unit.
O. Only entire Units may be rented provided that all
of the provisions of the Declaration of Condominium, Bylaws of the Association
and the Rules and Regulations of the Association pertaining to the use
and occupancy of the leased Unit shall be applicable and enforceable against
any person occupying a Unit as a tenant to the extent as are applicable
to the Owner of an agreement by such tenant occupying a Unit to abide
by the Declaration of Condominium, the Rules and Regulations of the Association
and the terms of the Bylaws of the Association as they may exist from
time to time. The Association shall stand in the shoes of the owner of
the unit only for the purpose of, and with the authority to, terminate
any lease covering the Unit upon the violation by the tenant of the provisions
herein contained, including the eviction of said tenant pursuant to the
terms and conditions set forth in the Declaration.
P. Use of recreational facilities will be in such manner
as to respect the rights of other Unit Owners, and the Board of Directors
may regulate duration of play, hours of opening and closing and schedule
their use. In no event shall children under the age of twelve (12) years,
who are guests of an Owner, or any child who cannot swim, be permitted
in the pool area unaccompanied by an adult. Owners are responsible for
the action of their guests and lessees. Infants and incontinent individuals
are not permitted in the pool without swim diapers. Jumping into the pool,
screaming, and running will not be tolerated and are considered a nuisance.
Glass containers of any kind are strictly prohibited inside the gate-enclosed
pool area. Emotional support animals registered with the Association and
service animals may be in the pool area; all other animals are prohibited.
No animals may be in the pool water. All local and state laws applicable
to use of swimming pools apply.
Q. Amendments. Copies of all amended Rules and Regulations
shall be furnished by the Board of Directors to each Unit Owner prior
to their effective date. These Rules and Regulations shall be effective
until amended by the Board of Directors with the approval of not less
than two-thirds (2/3rds) of the Unit Owners present in person or by proxy
and voting at a duly called meeting of the Association.
R. Any activity which requires the exclusive use of a
common element, is to be scheduled with the Board of Directors through
the management office.
S. The assignment of the use of the storage closets and
carports of the Hazeltine units is determined by the Board of Directors
and each storage closet and carport is identified by numbers that correspond
to the Unit number at each building address.
T (1). The Board of Directors of the
association is granted by statute, the irrevocable right of access to
each individual unit for the purpose of maintenance, repair, or replacement
of common elements or any portion for which the association is responsible.
The association may have access to units to make emergency repairs which
are necessary to prevent damage to the common elements or to other units.
Therefore, entry keys to each unit are to be provided to the office. In
the event it is required to enter a unit that has not provided a key,
a locksmith will be called, and the cost will be the responsibility of
the unit owner to pay.
T (2). Solicitation. No soliciting of
any kind by any person, including any Brandywine resident, non-resident
person or group will be permitted, including, but not limited to, attaching
anything to unit doors, without permission of the Association.
U. Smoking. The following are smoking
and vaping free areas: the Brandywine Hall building and complex, the pool
area and complex, tennis building and complex as well as the tennis/pickle
ball/bocce courts. Smoking is prohibited in any indoor areas as defined
in the Florida Clean Indoor Air Act, which includes the recreation buildings.
V. Mailboxes. The maintenance of the mailbox post, mailbox,
the mailbox flag, and numbers, is the Association's responsibility. The
Association, at the Unit Owner's request and expense, will install the
Unit Owner's name and Unit number on the mailbox. No numerals or reflectors
are to be installed on the mailbox post or adjacent to the mailbox. The
Board of Directors may establish and change the fees associated installing
the Unit's Name and Unit number by Board action and without further Unit
Owner approval.
X. No more than six (6) potted plants are permitted around
the exterior of a Unit. Placement of potted plants may be in the front
or back of the Unit but may not be placed surrounding trees, in planted
areas around the Unit, around mailbox and light posts, and shall not interfere
with ingress and egress to a Unit, the Association’s ability to
perform landscaping activities or the operation of the irrigation system.
Two of these potted plants shall not be more than 4 feet in height and
may only be placed on either side of the garage door. Depending on whether
or not potted plants are placed on either side of the garage, a maximum
of four (4) or six (6) potted plants of the appropriate size, may be placed
as stipulated above, or they may be placed on the front entrance railing
using a removable fixture specifically designed for that purpose. Instead
of individual pots, a maximum of two (2) flower boxes may be utilized.
These fixtures may not be affixed to the railing with bolts, screws, etc.
that would pierce the railing and must be removed by Unit’s resident
when railing maintenance is required. Hanging items/plants from trees,
soffits, fascia, and gutters is prohibited. Trellises, shelving units,
Shepard’s hooks, and fencing (decorative or otherwise), are prohibited.
Artificial plants are prohibited. In the case of an emergency or inclement
weather, or in the case of a Unit being unoccupied for more than seven
days during hurricane season (June 1st through November 30th), all personal
property must be safely secured within the Unit by the Unit’s resident.
Inclement weather includes any wind or rain condition that would turn
these items into projectiles or floating hazards, and also includes a
declared state of emergency for Lee County. Dead or overgrown vegetation
is prohibited. Vines, climbing plants, fruits and vegetables are prohibited.
Seasonal and/or annual plantings are permitted in the area immediately
surrounding the mailbox and light post, however, these will be removed
once the new Brandywine landscape architecture has been installed. Anchors
are prohibited on the exterior of the units and the trees for any purpose
including but not limited to hanging devices, lighting, etc. Flag mounts
must be approved by the Association. Freestanding flagpoles are prohibited,
except garden flags, as stipulated in Rule Y herein. All potted plants,
around the exterior and interior (in the Common Areas) of the Hazeltine
multi- unit buildings are prohibited.
Y. Flags associated with a sporting event are only permitted
on the day of the event.Flags may not contain verbiage
of any kind, except the name of a sports team. This policy does not apply
to the Federal and State laws permitting the display of American and Armed
Forces Flags. Garden flags, no larger than 18 inches by 12 inches are
permitted in landscaping beds only, so long as placement does not interfere
with the landscape maintenance, and they comply with the verbiage rule
above. Flag mounts require prior approval by the Association and must
be affixed by the Association Maintenance Department at the Unit owner’s
expense. Unit owners may not hang flag mounts. Any damage incurred to
the exterior of the building, as a result of hanging the flag mount, will
be the financial responsibility of the Unit owner. The Board of Directors
may establish and change the fees associated with the affixing of the
flag mount. Freestanding flagpoles are prohibited, except garden flags,
as stipulated herein.
Z. Bird baths, bird houses, bird feeders, weather vanes,
fountains, and wind chimes are prohibited subject to Rule BB herein. Additionally,
residents and guests are prohibited from feeding any wild animals by any
means. No more than two (2) outside statues/sculptures/figurines (hereupon
known as statues) are permitted around the exterior of a Unit. Statues
may be placed in the front or back of the Unit but may not be placed surrounding
trees, around or on mailbox or light posts, may not interfere with the
Association’s ability to perform landscaping activities or the operation
of the irrigation system, and may not impede ingress and egress to a Unit.
Statues include, but are not limited to, reflecting globes, metal birds,
frogs, gnomes, busts, etc. Statues must be no more than three feet (3’)
in height, no more than twelve inches (12”) in width and no more
than six inches (6”) in depth. Statues outside of these dimensions
must have Board of Directors’ approval before installation. Statues
should not be offensive in nature and should reflect the harmony of the
neighborhood. Deteriorating or poorly maintained statues must be repaired
or removed. If they are not, after a warning from the Association, the
statues will be removed by the Association at the Unit owner’s expense,
if any. In the case of an emergency or inclement weather, or in the case
of a Unit being unoccupied for more than seven days during hurricane season
(June 1st through November 30th), all personal property must be safely
secured within the Unit by the Unit’s resident. Inclement weather
includes any wind or rain condition that would turn these items into projectiles
or floating hazards, and also includes a declared state of emergency for
Lee County. The above size restrictions do not apply to ornamentation
outside of non-limited possession Common Elements, such as the Remembrance
Garden, the Brandywine Hall building and complex, the pool area and complex,
the tennis building, as well as the tennis/pickle ball courts, etc. These
areas are under the purview of the Board of Directors and for esthetic
reasons may deviate from these restrictions. All exterior and interior
(in the Common Areas) ornamentation is prohibited in the Hazeltine multi-unit
buildings.
AA. Unit Owners are prohibited from installing any lighting
and or reflectors on any common areas, including but not limited to driveways,
entrances, and the mailbox and mailbox post. Up to four solar lights are
permitted adjacent to the garage door openings and shall not be more than
12 inches in height.
BB. Holiday/Seasonal decorations are
permitted and shall be displayed only during the month of the holiday
or season, except that traditional December/fall decorations may be displayed
beginning on November 1 and removed by January 10th. Decorative lighting
is prohibited on the mailbox, mailbox post. Lights may be illuminated
from 4pm to Midnight. Traditional December decorations are permitted to
the extent the decorations comport with the plan and scheme of the community.
CC. Decorative objects on Unit exterior walls are limited
to no more than two (2) and can be no larger than eighteen (18) inches
in diameter and 1.5 inches deep. Plaques with “Welcome”, resident’s
surname or address, count toward the maximum of two decorative objects.
Plaques or signs with any other verbiage are prohibited. These decorations
require prior approval of the Board of Directors and must be affixed by
the Association Maintenance Department at the Unit owner’s expense.
Unit owners may not hang these decorations, unless they are hung using
damage-free temporary adhesive methods, such as CommandTM hooks. Holiday/Seasonal
decorations may only be hung using damage- free temporary adhesive methods,
such as CommandTM hooks. Any damage incurred to the exterior of the building,
as a result of hanging any item, will be the financial responsibility
of the Unit owner. No holes may be made in the soffits, fascia, or gutters.
This includes the ceiling of the entrance to the Unit. The Board of Directors
may establish and change the fees associated with the affixing of the
outside ornamentation.
DD. Use of entryways, railings, and courtyards.
1. The Unit Owner or occupant shall keep entryways and courtyards orderly
and clean.
2. Any modifications to the Common Elements must be approved by the Board
of Directors.
3. All furniture and any other items which may be blown away by high winds
must be removed in periods of expected severe storms, including all hurricane
and tropical storm watches and warnings.
4. Nothing other than approved planters may be placed on the railings.
EE. Parking & Vehicles.
1. Residents and their guests may park additional vehicles in any of the
unassigned parking areas (first come, first serve). Vehicles should not
be parked over the sidewalk or impeding the pedestrian path.
2. No vehicle of any type shall be parked on any street or parking area
for the purpose of accomplishing repairs to or reconstruction of that
vehicle except for emergency repairs and then only to enable the movement
of the vehicle.
3. Any vehicle parked in a fire lane, no parking area or otherwise parked
in violation of the Declaration and Rules and Regulations or constituting
a threat to the safety of the property may be towed as provided by law,
without further notice. Vehicle owners assume the risk and shall be liable
for all fines, towing and attorney fees incurred in any violation.
4. Any fluids leaked onto the street and/or driveway must be cleaned up
immediately by the Owner and the vehicle maybe subject to removal from
the community at the expense of the Owner.
5. All automobiles, non-commercial pickup trucks, and golf carts must
be in operable condition, display any required current registration, and
have current Brandywine stickers or a displayed gate pass.
6. An abandoned vehicle is any automobile, truck, motorcycle, motor bike,
boat, trailer, camper, motor home, house trailer, or other similar vehicle
which has not been driven under its own propulsion or moved for a period
of 72-hours or longer. If the unused vehicle is not removed within 72
hours after notice, the Association shall have the right to remove the
vehicle at the Owner's expense. The Board or its property manager shall
make the determination of an unlicensed, inoperative, stored, or unused
vehicle in their sole discretion.
7. Motorcycles, dirt bikes, mopeds and other 2-wheeled motorcycles must
be parked in a Unit’s assigned space, with the motorcycle positioned
horizontally to allow another vehicle to park behind the motorcycle. Any
2-wheeled motorcycle not parked in this manner is subject to tow without
further notice.
8. No part of the community shall be used as a parking, storage, display,
or accommodation areas for any type of trailer, house trailer, camping
trailer, recreational vehicle, boat, boat trailer, running gear, or commercial
vehicle, or their accessories.
9. Commercial vehicles shall be defined as any vehicle having any or all
of the following characteristics: permanent or temporary lettering advertising
a business (within the window of the vehicle or upon the body-hood &
roof included-of the vehicle), racks or mounts for equipment or tools
on the exterior or interior of the vehicle, equipment, implements or tools
mounted to the vehicle itself, having a gross vehicle weight in excess
of ten thousand (10,000) pounds, or any other characteristic that the
Board determines to be indicative of a vehicle used primarily for commercial
purposes.
10. Parking an excessive amount of vehicles, ‘regularly’ or
daily, whether the vehicles are used regularly or not, is not permitted.
Any excessive parking situation which makes it difficult for surrounding
Units and residents to find easily accessible parking shall be resolved
by the Board of Directors within their sole discretion. ‘Excessive
parking’ shall be determined by the Board in their sole discretion.
A reasonable amount of vehicles per Unit to be parked within the parking
area shall be determined within the Board’s sole discretion.
11. Vehicles must be properly maintained and kept in a sightly condition
free of broken windshields, broken taillights and/or headlights, excessive
body damage and exposed rust. The determination that a vehicle is properly
maintained vehicle is solely a decision of the Board of Directors. Any
damage caused to the community (Common Elements) by improperly maintained
vehicles will be repaired by the Association and billed to the Owner.
No vehicle shall be left upon blocks, jack stands or the like, or remain
in a condition where it cannot be moved under its own power. Vehicles
should not exude an excessive volume of music while operating within the
community; music within a vehicle may not be heard outside of the vehicle.
12. Vehicle speeds (including the vehicles of Unit Owners, tenants, residents,
guests, vendors, and contractors) shall not exceed 25 M.P.H. Driving on
grass and sidewalks is prohibited. Motorists shall observe and obey the
STOP signs within the community by making a complete stop and checking
for traffic and pedestrians before re-accelerating. Motorists that exceed
the speed limit and fail to stop at stop signs are subject to the fining
procedure outlined in the Condominium Documents.
FF. General.
1. Failure by the Association, the Board of Directors, or any person to
enforce any provision of these Rules and Regulations shall in no event
be deemed to be a waiver of the right to do so thereafter.
2. Unless the context provides or requires to the contrary, the use of
the singular herein shall include the plural, the use of the plural shall
include the singular, and the use of any gender shall include all genders.
3. The provisions of these Rules and Regulations shall be deemed to be
independent and severable, and the invalidity of any one or more of the
provisions hereto, or any portion thereof, by judgment or decree of any
court of competent jurisdiction, shall in no way affect the validity or
enforceability of the remaining provisions, which shall remain in full
force and effect.
4. The Captions to the sections are inserted herein only as a matter of
convenience and for reference and are in no way to be construed so as
to define, limit, or otherwise describe the scope of these Rules and Regulations
or the intent of any provision hereto.
5. The Association shall be entitled to recover its attorney’s fees
and costs in any enforcement of the Declaration or these Rules and Regulations,
or both.
Association address
Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919
Phone: 239-481-2326
Fax: 239-481-0744
E-Mail: brandywinecondo@embarqmail.com