Isle of Capri
Rules and Regulations
June 3, 2002
The purpose of this re-issue of the Isle of Capri Rules and Regulations is to insure that all residents of the Isle of Capri have in their possession a copy of the Rules and to re-affirm their effectivity.
We all purchased our homes because we liked the style of the house and the environment in which it was situated. The Rules and Regulations are intended to preserve what we purchased. If everyone "does their own thing", it will not take long before the original character of what we purchased will no longer exist.
Therefore, it is important that you submit for review, through our Architectural Review process, any changes you contemplate making to your property.
Also, the Rules and Regulations have been written in an attempt to maintain the character of the neighborhood and to provide guidelines for good citizenship. Please use them in the spirit of the intent of the rule and not search for loopholes in the language.
The old release of the Rules and Regulations (version 1.4 dated 8/30/99) is superceded by this document. Addendums I, II, III, and IV to version 1.4 have been incorporated into the update. All changes and additions can be recognized within the text since they are printed in italics.
ISLE OF CAPRI
RULES AND REGULATIONS
These rules are concerned with the overall appearance, esthetics and commonality of the Isle of Capri and the responsibility our homeowners have to maintain that appearance and correct any violations within the prescribed time period.
The Board of Directors has approved these rules for compliance by the homeowners in order to achieve uniformity for the entire association.
APPLICATIONS & APPROVALS
A. For any changes to outside appearance of your home and property, homeowners must first
apply in writing to the Architectural Review Committee (ARC) for approval. In the event that the work is to be performed by other than the homeowner, a licensed contractor must be used. Application must contain detailed information, diagrams, specific samples and information on the licensed contractor performing the work. Forms can be obtained from Customer Care room in the club house or the ARC chairman.
B. The committee's decisions are based solely on rule compliance, esthetics and the overall
appearance of the area in question.
C. There will be a $50.00 fine for any homeowner making changes without prior approval from
D. Final approval is at the discretion of the Board of Directors
E. Common Areas
The Board of Directors does not have exclusive authority to rescind, modify, change, add, or delete landscaping of any Common Area.
Unapproved plantings in Common Areas are subject to removal unless resident (planters) can provide written approval from prior Boards, the AD Hoc Committee, or Lennar.
In the case of proposed plantings in Common Areas, the Architectural Review Committee will process and refer the request to the Landscaping Committee for coordination prior to submittal to the Board for Approval.
II FLAGS & FLAG HOLDERS
A. In-ground flagpoles are not allowed.
B. One flag holder may be mounted to the front of your house
C. Only an American flag may be displayed, and may be displayed at any time.
D. Flags may not be larger than 3' x 5'.
III DOOR DECORATIONS
A.. Seasonal wreaths or similar decorations are allowed (approval not required).
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A. Garden / path lights are allowed provided bulbs are white, the fixtures concealed
whenever possible, and that lights do not shine into neighbors windows .
B. Holiday lights and decorations on front of homes are allowed provided they are not excessive
(approval not required, but the Board has the right to define excessive.) Decorations & lights may not be installed sooner than one month before the holiday and must be removed no later than two weeks after the holiday.
V. GARAGE DOOR
A. Windows consistent with those installed by builder in Phase 1 may be installed. Color must be permanent white. Additional windows may not be installed in garage doors.
B. Garages may not be enclosed to obtain additional living space and must be always available for the storage of vehicles. This prohibition includes the permanent installation of screens in addition to, or in place of, the garage door. However, temporary screening as supplied by Skeeter Beater or its equivalent meeting the following requirements may be installed:
1. The screening must not interfere with normal operation of the garage door and must be retractable, removing it totally from view when the garage door is closed.
2. Screen material must be white in color and appear opaque from the street, hiding the garage contents from view.
3. Screen must be monolithic with no supporting members visible from the street
4. Actuating mechanisms, housings .and any supporting tracks fastened to left and right sides of garage door opening must be white and unobtrusive.
5. Screen material must be kept clean and in good condition.
VI WATER CONDITIONERS
Water conditioners installed after June 3, 1999 must be installed indoors.
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VII.. HURRICANE PREPAREDNESS
A. The following specifications shall be rigidly adhered to for the installation of Hurricane Shutters in the Isle of Capri:
Corrugated panel and Accordian type hurricane shutters are approved by Isle of Capri Neighborhood Association. Their structure and installation shall conform to the Dade County 1994 edition of the South Florida Building Code.
All components shall be aluminum with white finish, except for support angles and header which shall be painted to match the color of the house. If the house color is changed in the future the support angles and the header shall be repainted to match the new color.
Slats shall not exceed 3.858" plus or minus .25" in width..
Locking pins must be aluminum or steel.
Assembly screws shall be stainless steel or equivalent marine fasteners.
Concrete block wall anchorage shall be ¼" Rawl, Zamac Nailin anchors by Rawl Mfg. or equal.
Anchors for precast concrete lintels are to be ¼" X 1¼", or 1½" Rawl Zamac Nailin anchors Rawl Mfg. or equal.
Corrugated Panel Type:
Panel Components shall be of transparent or white polycarbonate plastic material, aluminum, or steel. If aluminum or steel, the color must be natural or white. Support angles and header shall be painted to match the color of the house. If the house color is changed in the future the support angles and the headers shall be repainted to match the new color.
Assembly screws shall be stainless steel or equivalent marine fasteners..
Concrete block wall anchorage shall be ¼" Rawl, Zamac nailin anchors by Rawl Mfg. or equal
Precast concrete lintels are to have ¼" x 1¼" or 1½" Rawl Zamac Nailin anchors by Rawl Mfg. Or equal
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Installation of shutters shall be performed by authorized, licensed installers.
Prior to the installation of shutters, all information shall be submitted to the Architectural Review Committee for review and submission to the Board of Directors for final approval.
B. Panels may be installed when imminent danger of a hurricane is announced (Hurricane Watch) for our area and must be removed within 72 hours from when the National Weather Service cancels the danger. Panels CANNOT remain installed while homeowner is away from the area. Arrangements must be made to have panels installed and removed In accordance with these instructions.
C. In event of severe storms or hurricanes all exterior furniture, pots, and ornaments not permanently secured must be taken indoors so as not to become wind blown projectiles.
D. If homeowner is away for an extended period during hurricane season they must prepare
home for storms or arrange for some one to do it for them.
VIII CONCRETE WORK AND TILE
A. All concrete work must have prior ARC approval. City permits, as required, for concrete work
must be obtained and displayed while work is in progress. Homeowners are responsible for
proper pitch of surfaces so that water runs off without encumbering neighbor's property.
B. pre-manufactured plain concrete slabs may also be utilized in certain instances, provided the
committee is assured of proper maintenance and neatness of area involved.
C. Tiles may be applied to front walkways, provided they conform to decor of the home. Tile
samples must be submitted to ARC with application. Tiles cannot be applied to driveways.
D. Tiles or decorative concrete surfaces may be applied to Lanai slab.(approval not required)
E. Poured in place concrete curbing may be used for edging. ARC approval is required.
IX. EXTERIOR PAINTING AND DECORATING
A.Repainting of homes is subject to approval by the ARC and Architectural Review Request forms must be submitted with the following information.
Color of house – submit color sample
Color of trim (Doors and shutters must be the same color) – submit color sample
All Bands and Fascia shall remain white
Do not paint overhead garage door, window frames, aluminum soffit grille, and screen enclosures.
Because existing colors are now obsolete, the ARC will review any Manufacturers colors, as long as they are consistent with the color tones originally made available by the Builder.
All paint used must be applied per Manufacturers recommendations.
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B. Decorative painting of Driveways and Adjacent Areas.
1. Decorative designs are not permitted.
2. Certain stains may be applied to driveways, and/or adjacent walkways. Colors must be monotone white, off white or light gray..
3. All applications must be accompanied by sample colors, and prospectus which
describe the application process to assure quality of work. On-site inspection by ARC will
assure that neighborhood integrity is maintained. Permission must be obtained before work can begin.
C. Paver driveways and walkways consistent with those used in Capri phase 2 may be installed
D. Ornaments, statues, urns, or furniture of any kind are NOT permitted on front lawns or flower beds, other than holiday decorations during the appropriate holiday. Ornaments may be placed at the rear of the home as long as they are not visible from the street, interfere with lawn care, and are removed before severe storm warnings.
E. Decorative stone and/or edging is permitted in flower beds and around trees.(approval not required, except for poured concrete edging)
F. Decorative plaques, operable shutters or awnings are NOT permitted
G. Tasteful Potted plants, urns, seating furniture and other decorative items are permitted in the front entrance areas and porches. (Approval not required, but the Board reserves the right to define "Tasteful"
A. Parking on lawns is strictly prohibited at all times
B. Overnight parking on street is not permitted. Guest cars should be parked in driveway whenever possible. Additional guest parking is available in the club parking areas.
C. The Board of Directors reserves the right to define unacceptable limits of street parking..
D. Owners/Residents automobiles shall be parked in the garage or driveway
E. There are prohibitions concerning commercial vehicles per article XIV paragraph 6 of the Isle of Capri Document Book
F. Motor Homes, Boats, Trailers, Campers, Conversion Vans, or any other Recreational vehicle may only be left in the driveway overnight when preparing for a trip or when returning from a trip. At all other times, they must be kept in the garage or away from the community.
XI MISCELLANEOUS DO’S & DON’TS
A.. Only white screen doors are permitted
B. Enclosure of patios by other than screening is NOT permitted. Enclosing the patio area to obtain additional living space is strictly prohibited.
Kick plates to prevent cutting of screen by landscapers is permitted. MAXIMUM height shall be 18 inches.
C. Front entrance areas may be screened with proper ARC approval
D. installation of gutters is permitted .
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E. Plants Not Allowed (except in pots)
1. Fruit trees
2. Norfolk Pines
3. Schefflera trees
F. Signs are NOT permitted
G. Homeowners are responsible for the cleanliness of the exterior of their homes, this
includes the removal of mildew from roofs. walls. mailboxes, walkways and driveways.
H. Home owners may replace plants in existing beds with plants of like kind and quality
(approval not required).
For all other landscaping, plants and trees, approval must be obtained from ARC with
submission of a diagram outlining the changes.
Landscaping must be maintained at a condition and height consistent with a groomed appearance. Overgrown, dead, dying, or otherwise unsightly landscape plants are not permitted.
I. ALL tree removals must be approved by the Architectural Review Committee
J. Fences or dividing walls are NOT permitted
K. Sprinkler zones may only be turned on manually for maintenance during specified maintenance periods
Manual operation to obtain additional irrigation time is prohibited.
L. For any changes to the irrigation system the home owner must submit a request to the ARC for approval.
M. Garbage and trash must be put out for collection no earlier than 5:00 PM on Tuesdays
and/or Fridays. Garbage and trash must be placed in SUITABLE COVERED CONTAINERS These containers must be stored in the garage, when not at the curb for pickup.
Lawn debris may be put out for collection no earlier than 5:00 PM Sunday for collection Monday morning.
N. Wind chimes are NOT permitted
XII VIOLATION NOTICES, FINES AND LIENS
A. All correspondence is to be sent certified mail, return receipt requested.
B. When a homeowner receives a "First Letter of Violation," the homeowner will have 14 days to correct the violation and notify the management company that the correction has been made. An inspection of the property will then be made to insure proper compliance. The "Letter of Violation" will contain notification that upon the 15th day of receipt of this violation notice, the homeowner may be fined $50.00 per day for each day the violation is not corrected. This fine will not exceed $1,000 in aggregate for any one violation.
C.. If the homeowner in violation wishes an opportunity to appeal the violation and present evidence in written or oral form in rebuttal of the violation notice, the homeowner must notify the management company in writing within 14 days of receipt of the violation letter. The Associations Appeals Review Committee will notify the homeowner, within 14 days of their request for an appeal hearing, of the date, time and place of the requested hearing. The hearing will be held not sooner than 14 days from the notification.
D. The Associations Appeals Committee will consist entirely of homeowners other than members of the Board of Directors, officers, or employees of the Association or the spouse, parent, child, brother or sister of an officer, director or employee.
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E. The Association Appeals Review Committee will ascertain all facts, and hear any defense to the charges of the violation and make one of the following decisions.
1. Uphold the board’s decision on the fines and lien process
2. Recommend leniency due to hardship (absence, sickness, death, etc.) and give
homeowner additional time to correct the violation without incurring further fines;
3. Recommend that the adverse action against the homeowner be rescinded for cogent reasons.
The decision of the Appeals committee will be reported to the Board of Directors for final action.
F. Should there be no response from the homeowner after 14 days, a "Second Letter of
Violation" will be sent, so notifying the homeowner, and the fine of $50 per day will be levied starting on the 15th day of the violation and continuing for each subsequent day until the homeowner has notified management that the violation has been corrected to the satisfaction of the Board of Directors, subject to inspection, or that the cumulative fines have reached $1,000.
G. On the30th day after homeowners receipt of the "Letter of Violation" and the violation still has not been resolved, a "Third Letter of Violation" will be sent wherein the homeowner will be informed that the fines will continue until a cumulative fine of $1,000 has been reached. At the same time, the matter will be referred to the Association’s Attorney to Institute lien proceedings against the homeowner’s property. In addition to the accumulated fines, the homeowner will be responsible for all incurred legal fees and court costs.
A. All pets must be leashed and excrement picked up on common areas, other private property,
and owner's property. A homeowner may have two (2) domestic pets or animals (dogs or cats) not to exceed 25 pounds each or one(l) domestic pet not to exceed 40 pounds. Breeding of pets Is NOT permitted. (Per Article XIV, Section 7 of Isle of Capri Documents).
B. Exotic and/or wild creatures may NOT be kept as pets
XIV. INSURANCE CERTIFICATES
A. Each homeowner is required to submit an insurance certificate to the Isle of Capri
Homeowner's Association annually to show adequate insurance coverage. (Per Article 10,
Section 4 of King's isle Documents)
XV. SELLING AND PURCHASING A HOME
If a home is sold. Prior to closing, the Seller must provide the buyer(s) a copy of the Document Book for Kings Isle, The Document Book for The Isle of Capri and a copy of the Rules and Regulations for the Isle of Capri, along with a current copy of the ISLE OF CAPRI
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DOCUMENTS RECEIPT FORM. The buyer(s) must sign the ISLE OF CAPRI DOCUMENTS RECEIPT FORM, acknowledging that all of the documents have been read, understood and that they will abide by the spirit and letter of the documents, as written. This executed form must become a part of the sales contract. However, it is the responsibility of the BUYER(S) to execute this form, and insure that it is returned to the Association. Buyers must also furnish proof that at least one person residing in the house is aged 55 years or older.
The above procedures stated in Article XV also apply to a homeowner leasing the home. The homeowner will be responsible for the lessee’s compliance with all Community documents, rules, and regulations, as well as conformance to the age 55 rule.
XVI. USE RESTRICTIONS
The following is a summary of the use restrictions as imposed by Article XIV of the Document Book for Isle of Capri. This Rules and Regulations document forms a part of the use restrictions under paragraph 22.
1. NO TRADE OR BUSINESS MAY BE CONDUCTED
2. GARAGES MAY NOT BE ENCLOSED FOR ADDITIONAL LIVING SPACE
3. OUTSIDE STORAGE OF PERSONAL PROPERTY IS NOT ALLOWED
4.PORTABLE AND/OR TEMPORARY BUILDINGS ARE NOT ALLOWED
5.GARBAGE AND TRASH MAY ONLY BE PUT OUT AFTER 5:00 PM
6. PARKING RESTRICTIONS
7. PET RESTRICTIONS
8. NO WINDOW OR THROUGH THE WALL AIR CONDITIONER INSTALLATIONS
9. NO CLOTHESLINES OR OUTSIDE CLOTHES DRYING.
10. ANNOYING YOUR NEIGHBORS IS NOT PERMITTED
11. OUTSIDE ANTENNAS OR SATELLITE DISHES ARE NOT PERMITTED
12. SIGNS MUST NOT BE PLACED IN OR UPON ANY HOME OR HOME SITE
13. WINDOWS SHALL BE COVERED WITH TASTEFUL DECORATIONS
14. PRIVATE WELLS OR SEPTIC SYSTEMS ARE NOT PERMITTED
15. YOU CANNOT DIG FOR OIL OR MINERALS ON YOUR PROPERTY
16. NO OBSTRUCTIONS TO VISIBILITY AT INTERSECTIONS
17. BARBECUES MAY ONLY BE LOCATED AT THE REAR OF THE HOME SITE
18. APPROVAL MUST BE OBTAINED FOR LANDSCAPING
19. OWNERS MUST NOT DO ANYTHING THAT WOULD INCREASE COMMUNITY INSURANCE RATES
20. HOME MUST BE REBUILT IF DAMAGED OR DESTROYED
21. MORE RULES CONCERNING REPAIR OR RECONSTRUCTION
22. RULES AND REGULATIONS MAY BE ADOPTED BY THE BOARD
23. THE BOARD HAS THE RIGHT TO WAIVE THESE USE RESTRICTIONS
24. BUILDERS EXCEPTIONS (no longer applicable)
25. HOME MAY ONLY BE LEASED TWICE WITHIN A 365 DAY PERIOD
26. HOME MAY ONLY BE USED AS A RESIDENCE FOR ONLY ONE FAMILY
27. CHILDREN ARE NOT PERMITTED AS RESIDENTS
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Receipt of Documents
We, the undersigned, hereby acknowledge receipt of the Association Documents and Rules and Regulations of the Isle of Capri Neighborhood Association, Inc. We understand these Documents, and Rules and Regulations, and agree to abide by them. In particular:
That section of Article XIV: Use Restrictions entitled: Paragraph 7: Pets which reads as follows:
No animals of any kind shall be raised, bred of kept within the Neighborhood, except that normal fish tanks and either two (2) domestic pets of animals (ie: dogs or cats) not to exceed 25 lbs each or one (1) domestic pet (ie: dog) not to exceed forty (40) pounds may be kept in each home. Any pet must be carried or kept on a leash when outside of a home or fenced-in area. No pet shall be kept outside of a home unless someone is present in the home. Any pet must not be an unreasonable nuisance or annoyance to other residents of the Community. Any resident shall pick up and remove any solid animal waste deposited by his pet in the Neighborhood, except for designated pet-walk areas if any. No commercial breeding of pets is permitted within the Community. The Association may require any pet to be immediately and permanently removed from the Community due to a violation of this use Restriction.
That section of Article XIV: Use Restrictions entitled: Paragraph 27 Age of Residents; Services and Facilities which states:
"….at least one person over the age of 55 years of age must be a permanent occupant of each home….. Persons under the age of 55 and over the age of 18 years of age may reside in the home as long as one person is over 55 years of age. No person under the age of 18 may be a permanent occupant of any home…."
"Children shall be the direct responsibility of their parents….including full supervision of them while within the Neighborhood and including full compliance by them of these restrictions and Rules and Regulations of the Association. All children under 18 years of age will be accompanied by a responsible adult while entering and/or utilizing the Recreation Area or any other commonly used facilities."