How To Report A Rules Violation

In the event of a violation of any provisions of the Declaration of Condominium, the
Bylaws, the Rules and Regulations of the Association, the Articles of Incorporation, the
Management Agreement or any provision of the Condominium Act, the following
documents how to report a rules violation.

1) In a letter provide the following information detailing the violation.

Name of Violator
Address of Violator including unit number
Time and Date of violation
A statement of what occurred
A photo if possible

2) Send your letter including your name, address, unit number and phone number to:

Anchor Associates
3940 Radio Road, Suite III
Naples, FL 34104
Attn: Robert Neiheisel

Also in accordance with our Rules and Regulations, you may also report the
violation in writing to the Board of Directors. The Board of Directors wants you
to be aware that the quickest method would be to send the letter directly to
Anchor Associates.

The Notification of Violation Process

This document details the steps taken once a violation has been reported.

  1. Anchor Associates will send a registered letter to the person that was reported to
    be in violation of the provisions of the Declaration of Condominium, the Bylaws,
    the Rules and Regulations of the Association, the Articles of Incorporation, the
    Management Agreement or any provision of the Condominium Act rules, within 5
    days of receipt of notice of violation. The letter will detail the information on the
    violation. The letter will contain information on what has to occur and the specific
    time frame that is required. A reply from the owner/renter is expected.
  2. If the Post Office is unable to deliver the registered letter, Anchor Associates will
    send a second notice of violation by regular mail. If corrective action is not taken
    or there is no communications from the unit owner, the process as indicated in the
    letter, will move on to the “fine” stage. The letter will indicate that the board is
    seeking compliance rather than court action and/or fines. A reply from the
    owner/renter is expected.
  3. A final notice will be sent which will include a date for a special hearing. The
    unit owner will be provided a 14-day notice of the hearing. The notice shall
    include a statement of the date, time and place of the hearing; a specific
    designation of the provisions of the Declaration, Bylaws, or Rules which were
    reported to have been violated; a short plain statement of the specific facts giving
    rise to the alleged violations; and the amount of the proposed fine.
  4. At the hearing, the party against who the fine may be levied shall have a
    reasonable opportunity to respond, to present evidence, and to provide written and
    oral argument on all issues involved, and to review, challenge, and respond to any
    evidence or testimony by the Association. The hearing shall be conducted before
    a panel of three (3) unit owners appointed by the Board, none of who may then be
    serving as Directors. If the panel, by majority vote, does not agree with the fine,
    it may not be levied.
  5. If the fine is levied, the party has 30 days to pay the fine. If not paid, the party
    will be taken to small claims court so that the Association can collect the fine.
    The party will also be responsible for fees and court costs.
  6. After the fine is collected, another violation occurs or continues, it will be
    necessary to start the process again.

Do You Ever Rent Or Think About Renting Your Coach Homes Condo?

Some owners have been less than prompt in requesting requited advance approval to rent their units
and in submitting the required $100 fee to cover the expenses and services of the Association related
to processing the Application to Lease request. Failure to comply with this Coach Home rental
requirement has proven to be embarrassing and inconvenient to both owners and renters, when a
request was either not approved in time – or worse, not approved at all. It has also proven to be
expensive for some, when unapproved renters moved into a unit without prior approval and then
were required to relocate to another community. For owners who rent their units on a full-time or
seasonal basis and those who may be considering renting out their unit, here’s a brief summary
reminder of some of our current Coach Homes rules and procedures on rentals:

A unit cannot be rented without the prior written approval of the Board of Directors.

The Board shall give approval or disapproval to a requesting owner within ten (10) working days
from receipt, by our property management company Anchor Associates, of a completed “Application
For Approval To Purchase/Lease” form. The submitted application must be accompanied by the
$100 non-refundable administration fee and be signed by the prospective renter(s).

Application forms, which include a copy of Coach Homes Rules & Regulations for review by the
rental applicant(s), can be obtained from and submitted to:

Anchor Associates, Inc.
3940 Radio Road, Suite 111
Naples, FL 34104
TEL: (239) 649-6357

In accordance with our Condominium Declaration, the following restrictions on leases are applicable
to all Coach Home owners.

A. No lease may be made for less than a thirty (30) day period.

B. No unit may be leased more than two (2) times in one (1) calendar year.

C. No lease shall be for a period of more than one (1) year. (Can be extended, of course, by
Application)

D. No portion of a unit (otber than tbe entire unit) may be rented.

No tenant may occupy a unit until the owner has received written approval. Unit owners are, of
course, responsible for ensuring that all residents of their units including family members, and guests
as well as renters, faithfully observe Coach Homes’ Rules and Regulations. Owners are also liable for
reimbursing the Association for the costs of any injury or damages caused by the negligence of a
tenant.

Further, any approved lease may not be modified, amended, extended, or assigned, nor may the unit
be sublet to any other party without the Boards written consent. Therefore, the extension or renewal
of any lease, whether for a minimum 30 days or the maximum of one year, must be treated like a new
lease and re-submitted for approval, in advance. Thankfully, there is no administration fee charged
for registering an extension of a lease with the same lessee.

Our rental approval process not only ensures an up-to-date registry of all residents for security and
emergency needs, but also helps to ensure a community of congenial residents, to protect the value of
our homes and to further the continuous harmonious development of our Coach Homes community.

In addition to our Coach Homes rental process, owners who rent their units should also make a point
of being up to date with various Florida State and Collier County regulations and obligations related
to renting their units as failure to comply can have severe consequences such as income tax reporting
implications and the levying of stiff fines.

Collier County advises that owners of rental property currently have four obligations. Their
published rules and regulations are reprinted, in italics, below:

OBLIGATIONS FOR OWNERS OF RENTAL PROPERTY IN COLLIER COUNTY

1. Collier County Tangible Personal Property Tax (239-774-8542) – Handled through  the County
Property Appraiser’s Office

2. Collier County Rental Registration Program (239-403-2440) – Handled by Code Enforcement and
includes $30.00 initial fee for registering all rental property.

3. Collier County Tourist Tax (239-732-2627) – Handled by tile Collier County Tax Collector’s Office
and is calculated at a four (4%) percent rate.

4. Florida Sales Tax (239-434-4858) – Handled by tile State of Florida and is calculated at a six (6%)
percent rate.

The length of the rental period determines how the rental is handled:

If the rental is long-term, over six months and one day, there are only two obligations to the owner of the
property. One is to the Tangible Tax at the Property Appraiser’s Office,
and the other is to Code
Enforcement for the $30.00
Rental Registration Fee. Long-term rentals do not have a Tourist Tax
obligation nor do they have a Sales Tax obligation.

However, if the rental is considered short-term, six months or less, all four of these obligations must be
met. The owner of tile property pays the Tangible Tax and the Code Enforcement $30.00
rental
registration fee. It is the RENTER who actually pays the Tourist Tax and the State of Florida Sales Tax.
The OWNER is required to COLLECT these two taxes and remit them to the respective offices of the
Collier County Tax Collector and the State of Florida.

Unfortunately, every agency functions independently and registration is required separately for each
obligation. Although all this seems a bit complicated, it is actually a very simple process to register and
report rentals in Collier County to the proper agencies. If you have questions or concerns call the
Tourist Tax Office Department at 239-732-2627.

The Rules and Regulations hereinafter enumerated as to the Condominium Property, the Common Elements, the Condominium Units, and the condominium in general shall apply to and be binding upon all Unit Owners, and are supplementary to the governing documents of the condominium.  The unit owners shall at all times obey said Rules and Regulations and shall use their best efforts to see that they are faithfully observed by other residents of their units, including family members, lessees, guests, invitees,  and others over whom they exercise control, all in accordance with paragraph 22-C of our Declaration of Condominium.

Violation of these Rules and Regulations may subject the violator to any and all remedies available to the Association and other Unit Owners pursuant to the terms of the Declaration of Condominium, the Articles of Incorporation of the Association, and the By-laws of the Association.  Violations may be remedied by the Association as provided in the Declaration of Condominium, by injunction or other legal means and the Association shall be entitled to recover in said actions any and all court costs incurred by it, together with reasonable attorney’s fees as the prevailing party.

Any waivers, consents, or approvals given under these Rules and Regulations by the Board shall be revocable at any time and shall not be considered as a waiver, consent, or approval of identical or similar situations unless notified in writing by the Board.  THE RULES AND REGULATIONS ARE AS FOLLOWS:

1.          RULES AND REGULATIONS

Violations must be reported in writing to the Management Company (hereinafter called “the Manager”), or to the Board of Directors (hereinafter called “the Board”) or Officers of the Association on the approved Violation Reporting Form.

Violations will be called to the attention of the violating owner by the Board through the Manager, and the Board will also notify the appropriate committee of the Board, if any.

Disagreements concerning violations will be presented to and judged by the Board who will take appropriate action.

Unit owners are responsible for compliance by their guests or lessees with these Rules and Regulations.

2.          COMMON ELEMENTS

The common elements and facilities of the condominium, including the pool and club house, are for the exclusive use of unit owners, their approved lessees, and guests.  Any damage to the buildings or other common elements, association property, or equipment, caused by any unit owner or his guest or lessee shall be repaired at the expense of the unit owner.  Vehicle maintenance on any common elements, including unit driveways, is specifically prohibited except in cases of emergency.

3.          CLUB HOUSE

Rules regarding the use of the club house by unit owners, their approved lessees, and guests are:

Common use of the club house is available at all times with the exception of approved private use events which are posted on the club house bulletin board.

Requests for approval of private use of the club house shall be made to the Chair of the Social Committee or the Board of Directors (in the event there is no Social Committee Chairman) and shall include date, time, number of people, and any other information that may be required for approval.   Approval shall not be unreasonably withheld.  Use of the pool in conjunction with private use of the club house is not permitted unless specifically requested of and approved by the Board of DirectorsApproval to use the pool, however, shall not preclude use of the pool simultaneously by other unit owners, their approved lessees, and guests. (Use Clubhouse License Agreement)

Users, whether common use or private use, are responsible for providing their own cooking, eating, drinking, and other needed items, and for their removal or proper disposal when finished.

Users, whether common use or private use, are responsible for returning the club house, its equipment and its furnishings, to a clean and orderly condition suitable for general use by other unit owners. A fifty dollar ($50.00) refundable deposit is required and shall be submitted with the written reservation request.

4.          POOL

Rules regarding the use of the pool by unit owners, their approved lessees, and guests are:

Pets and other animals are not permitted in the pool or spa, or on the deck.

Persons who are diapered or not toilet trained are not allowed in the pool or spa, except, if wearing specially designed watertight and leak proof swim diapers.

Children under the age of twelve (12) are not permitted in the pool area unless supervised by a responsible adult.  Children under the age of twelve (12) are not permitted in the spa unless accompanied by an adult, and are expressly forbidden to operate the spa controls.  Accompanying adults are cautioned that use of spas by young children may constitute a health hazard.

Pool and spa hours are from dawn until dusk.  Use of the pool and spa is expressly forbidden between the hours of dusk and dawn.

Running, diving or jumping into the pool off the deck, screaming, rough play, Frisbee or ball playing is strictly prohibited in the pool or on the deck.

Bicycles, tricycles, wagons, skateboards, roller skates, roller blades or other such wheeled conveyances are not permitted on the pool deck.

Glass of any kind is not permitted on the deck or in the pool.  Drink should be in unbreakable containers only.

No food is permitted in the pool area.  Eating is restricted to the club house.

Headsets must be used with all radios, tape decks, TVs and other audio devices.

Persons with open wounds, cuts, or communicable diseases are not allowed in the pool or spa.

Lounges shall be covered with a towel when using any type of body lotion.

Body lotions must be removed by showering before entering the pool or spa.

Cigarettes shall be disposed of in receptacles provided in the pool area.

Life preservers and other safety equipment shall not be used for recreational purposes.  These are for emergency only!

No more than 25 persons shall occupy the pool and no more than 4 persons shall occupy the spa at any one time.

5.          NOISE

Rules regarding the control and abatement of noise by unit owners, their approved lessees, and guests are:

Care should be exercised at all times, and particularly between 10:00 PM and 7:00 AM, to minimize offensive noise including loud talking and shouting.  Radios, TVs, stereos, musical instruments, etc. should be used so as not to disturb others, and should not be audible between units.

Unless expressly permitted in writing by the Board, no floor covering shall be installed in units, other than carpeting, or other originally installed floor covering.  If any ceramic tile or marble is installed in a unit, such tile or marble must be set upon soundproofing bed approved by the Board.

6.          OBSTRUCTIONS

Sidewalks, entrances, driveways, courts, and all common elements shall be kept open and shall not be obstructed in any manner. This includes planters and decorative statutes. No radio or television aerial or antenna or other apparatus for the transmission of television, radio, or other signals of any kind shall be attached to or hung from the exterior of a condominium building or the roof thereon.

7.          ANIMALS AND PETS

7.1 GENERAL:  No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted in any unit, with the exception of dogs, cats, or other usual and common household pets, but no more than one (1).  The ability to keep such a pet is a privilege, not a right, and the Board is empowered to order and enforce the removal of any pet which becomes a source of unreasonable annoyance to other residents of the condominium.  Owner shall be responsible for the cost of the removal.  No pets shall be kept, bred, or maintained for any commercial purpose. Pets which are household pets shall at all times whenever they are outside a unit be confined to a leash or carried,  but under no circumstances will pets be permitted in the pool and club house area. Pet owners shall at all times when the pet is on common ground use a “pooper scooper” or other means to remove feces.

7.2 REGISTRATION:  Unit owners and lessees shall register their pet with the Board and the Manager using an approved Pet Registration form.  The Pet Registration form shall be completed and provided to the Association within the thirty (30) days after a pet begins residing within a unit.  All pets shall have current vaccinations and shall be licensed by the Collier County, Florida per the Collier County Animal Control Ordinance.  Upon the passing of a pet, unit owners and lessees shall notify the Manager in order for the unit’s pet record to be updated. Proof of vaccinations and licenses must be provided when vaccinations and licenses are renewed or otherwise updated.

 

  1. 8.          DESTRUCTION OF PROPERTY

Neither unit owners, their lessees, nor guests shall mark, mar, damage, destroy, deface, or engrave any part of the condominium property.  Unit owners shall be financially responsible for any such damage within twenty (20) days of being notified of the same.

9.          EXTERIOR APPEARANCE

The exterior of the condominium buildings and all other areas appurtenant to the buildings shall not be painted, decorated, or modified by any unit owner in any manner without the prior consent of the Board and, if necessary, the membership and/or the Master Association, which consent may be withheld on purely aesthetic grounds.  Installation of either hurricane shutters or screen enclosures for front entrances shall meet approved Association standards, which shall be verified through the Building Committee. Drapes or curtains visible from the exterior of the unit shall have neutral colored liners which meet approved Association standards.

10.      LANAIS

No objects shall be hung from lanais or window sills.  No cloth, clothing, rugs, or mops shall be hung from or shaken from windows, doors, or lanais.  Unit owners shall be responsible for removing remove all loose objects or moveable objects from their lanais prior to a hurricane.  (See Rule 18 for owners who are absent or plan to be absent during hurricane season.)  Unit owners shall not allow anything to be thrown or to fall from windows, doors, or lanais.  No sweepings or other substances shall be permitted to escape to the exterior of the building from the windows, doors, or lanais.  No cooking shall be permitted on the lanai of any unit.  No lanais may be enclosed without the prior written consent of the Board.

11.      STORAGE AND GARAGE AREAS

Unit owners are responsible to see that nothing is placed in storage and garage areas which would create a fire hazard; that would be subject to being infested; or that would be subject to spoilage.

12.      EMERGENCY ENTRY

In case of emergency originating in or threatening any dwelling, regardless of whether the owner is present at the time of such emergency, the Board, or any other person authorized by it, or the Manager shall have the right to enter such dwelling for the purpose of remedying or abating the cause of such emergency.  Each unit owner should either place a key(s) suitable for gaining access to the unit in the possession of the Manager, such key(s) to be kept by the Manager and coded to prevent casual identification of the pertinent unit; or notify the Manager of the name and address of a full-time resident unit owner who possesses such key(s).  In the event no keys are available, the Association will gain forced entry to the unit at the expense of the unit owner.

13.      PERSONAL ITEMS

Personal equipment such as furniture, grills, motorcycles, mopeds, bicycles, and recreational items must be placed or stored inside units or storage area.

14.      PLUMBING

Toilets, sinks, and other plumbing fixtures shall not be used for any purposes other than those which they are intended, and no sweepings, rubbish, garbage, or other foreign substances shall be thrown therein.  The cost of any damage resulting from misuse of same shall be borne by the unit owner.

15.      SOLICIATION

There shall be no solicitation by any person anywhere in the condominium for any cause, charity, or for any other purpose whatsoever, unless specifically authorized by the Board.

16.      CONTRACTORS

Hired contractors and their employees shall not, at anytime, for any purpose be sent away from the condominium property by any unit owner, except in the unit owner’s capacity as an officer or director of the Association.  No unit owner or resident shall direct, supervise, or in any manner attempt to assert any control over contractors or contractors employees.

17.      COMMERCIAL PROHIBITION

No unit may be occupied or used for any commercial or business purpose.

18.      HURRICANE PREPARATION

Each unit owner or lessee who plans to be absent from his unit during the hurricane season must prepare the unit prior to departure by:

Either removing all furniture and plants from the lanai, or providing for a neighboring full-time resident unit owner to do the same; or

Designating a responsible firm or individual to care for the unit during his absence and furnish the Manager with the name of such firm or individual.

19.      GUESTS

Unit owners and lessees shall notify the Manager, in advance by written notice, of the arrival and departure dates of guests who have permission to occupy the unit in the absence of unit owners and lessees.  Should unit owners or lessees fail to inform the manager of their occupancy, they may be deemed an unregistered tenant and evicted by the Association without consent of the Unit owner.  Unit owners and lessees shall have such guests notify or otherwise check-in with the Manager upon arrival in order to confirm their presence.  Further, they should also notify the Manager upon vacating the premise.  (Use Guest Registration form)

20.      PARKING

20.1 GENERAL:  Owners, other residents, and guests shall park only in garages or within the perimeters of the driveways serving their units (one car length in front of garage door).  If additional space is required, parking in the Club House Parking Lot (hereinafter called the “lot”) is permitted in accordance with the controls outlined below.  No garage may be altered in such a manner that one automobile cannot reasonably be parked therein.  Garage doors are to be kept closed except when in use.  No owner, other resident or guest shall keep or park in the condominium property any trailer, golf cart, camper, RV, boat, truck (capped or uncapped), motorbike or motorcycle, swamp buggy, stock car, or any vehicle other than the customary private passenger vehicle for highway travel unless such vehicle is parked or stored in an enclosed garage.

The parking of vans will be permitted if the following requirements are met:

The vehicle must be intended for use as a passenger vehicle for personal, non-business purposes.

Vans must have windows on both side panels, and must be equipped with seating throughout.

No tools, equipment, merchandise, materials, or supplies of any kind may be kept or stored in the van, except for a jack and other emergency equipment customarily found in passenger vehicles.

Except for required service or deliveries, no owner or other resident shall park or permit to be parked either on the property or on a street right-of-way within the condominium property any vehicle designed or used for commercial purposes or containing advertising matter unless such vehicles are parked within an enclosed garage.

Parking by any resident, vendor, or guest is not permitted on any landscaped areas.

At no time shall any owner or guest vehicle be parked on the roadways in the cul-de-sacs or circles.

20.2 CLUB HOUSE PARKING LOT:

Extended term parking for up to 30 days may be permitted in the lot on a PERMIT basis if additional parking space is needed due to the presence of guests.  Requests for PERMITS may be granted if space is available or they may be denied if abuse of the system occurs.  PERMITS are available from the Manager or Board Member.

Short-term guests, e.g., three days or less, may park in the lot.  A GUEST sign must be displayed in any vehicle parked overnight.  Such signs are available from the Manager or Board Member.

Parking overnight in the lot shall be allowed only when space is not available in the garage and driveway of the unit being visited.  In no case will vehicles be allowed to be parked in the lot permanently, and owners and other residents may not use the lot on a routine or continuous basis.  However, on a temporary basis, any resident or their guests may use any available space during use of the pool or attendance at events in the club house.

20.3 TOWING:  Vehicles parked in violation of these rules will be towed at the vehicle owner’s expense.

21.      LIGHTING

Except for seasonal holiday decorative lights, all exterior lights must be approved by the Board

22.      LATE PAYMENT

A $25 fee to cover administrative costs shall be charged to any unit owner whose account becomes ten (10) days past due.  Further, overdue accounts will accrue interest each month at the rate of 18% per year.

23.      UNIT RENTAL

A unit shall not be rented without the prior written approval of the Board, which approval shall not be unreasonably withheld.  Approval or disapproval shall be given by the Board within ten (10) days from receipt of (1) a non-refundable $100 fee to cover administrative costs, and (2) all information requested by the Board in connection with the proposed lease.  The Board shall have the right to require that a substantially uniform form of lease be used.  As stated in paragraph 18.A of the Declaration of Condominium, the following restrictions on leases are applicable.

No lease may be made for less than a thirty (30) day period.

No unit may be leased more than two (2) times in one (1) calendar year.

No lease shall be for a period of more than one (1) year.

No portion of a unit (other than the entire unit) may be rented.

In the event that the Board approves a lease, such approval of a lease or rental shall not release the unit owner from any obligation under this Declaration.  Further, such approved lease may not be modified, extended, or assigned, nor may the unit be subject to any other party without the Board’s prior written consent.

The Association has the authority to evict tenant who violate the governing document of the Association.

24.      FINES

The Board may levy fines against unit owners who commit violations of the condominium act, the provisions of the condominium documents, or the rules and regulations, or condone such violations by their family members, guests, or lessees.  The fines shall be in an amount deemed necessary by the Board to deter future violations, but in no event shall any fine exceed $50 per day per violation, and no fine may be levied against an unoccupied unit.  The procedure for imposing fines shall be as follows:

The party against whom the fine is sought to be levied shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days, and the notice shall include:
Statement of the date, time, and place of the hearing;

A specific designation of the provisions of the Declaration, Bylaws, or Rules which are alleged to have been violated; and

Short and plain statement of the specific facts giving rise to the alleged violation(s); and

The amount of any proposed fine.

At the hearing, the party against whom the fine may be levied shall have a reasonable opportunity to respond, to present evidence, and to provide written and or arguments on all issues involved, and to review, challenge, and respond to any evidence or testimony by the Association. The hearing shall be conducted before a panel of  unit owners (at least 2 preferably 3) who volunteer and are approved  by the Board, none of who may then be serving as Directors or are residing in a Board Members household.  If the panel, by majority vote, does not agree with the fine, it may not be levied.

25.      ROOF

Unit owners, other residents, or guests are not permitted on the roof for any purpose whatsoever.

26.      CLEANLINESS

All garbage and refuse shall be deposited in covered garbage containers intended for such purpose and set out at the street on specified collection days.  All refuse and waste to be collected shall be securely wrapped or contained in plastic bags.  Recyclables shall be placed near the street in approved containers on designated collection days.  According to Collier County Ordnance 9147 Section 7, garage containers may not be set out until 6:00 p.m. on the day prior to pickup (pick up is scheduled for Wednesdays and Saturdays) and must be returned to the garage on the day of pickup.  Failure to follow this ordnance is subject to a fine by the County.

27.      SIGNS

No signs of any type shall be erected or displayed by a unit owner or other resident within the common elements without the written consent of the Board.

28.      LANDSCAPING

The trees, hedges, shrubbery, and other plantings within the common elements shall not be modified in form, shape, content, or color by any unit owner without the consent of the Board, which consent may be withheld on purely aesthetic grounds within the sole discretion of the Board.  The planting of small decorative flowers in a reasonable and minor way at or around a unit owner’s entrance, however, is permitted.  All plantings, once placed in common elements, are expressly the property of the Association and may be modified in form, shape, content, or color at the sole discretion of the Board.

 The foregoing Rules and Regulations are subject to amendment as provided in the Declaration of Condominium of THE COACH HOMES OF BERKSHIRE LAKES, A CONDOMINIUM, and the Bylaws of the Association.

The foregoing Rules and Regulations are designed to make living for all unit owners pleasant and comfortable.  The restrictions imposed are for the mutual benefit of all.  Violations of these Rules are to be reported in writing as prescribed in Rule 1, and the Association will call the matter to the attention of the violating unit owner, lessee, or guest for corrective action.  Any disagreement over the violation will be reported to the appropriate committee for subsequent judgment by the Board.

THE COACH HOMES OF BERKSHIRE LAKES

CONDOMINIUM ASSOCIATION, INC.