MyBrandywine

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 and December 3, 2019.

RULES AND REGULATIONS

Exhibit "E' to the Declaration of Condominium
AMENDED AND RESTATED

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.

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 shall not be obstructed, littered or defaced or misused in any manner.

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.

For Sale signs must be commercially printed signs, such as those type available at Hardware stores or a commercially printed Real Estate company sign, and may only be displayed between the unit window and the screen in front.

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.

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 window stickers are permissible.

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 is and will be designated as the agent of the owner of the unit 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.

P. Use of the 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.

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. The foregoing sections shall be the initial Rules and Regulations, which 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. 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.

U. Smoking. The following are smoking free areas: the Brandywine Hall building and complex, the pool area and complex, tennis building and complex as well as the tennis/pickle ball courts.

V. Mailboxes. The maintenance of the mailbox posts, 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.

W. 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.

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 to 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.


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