MOORE HAVEN YACHT CLUB HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
These Rules and Regulations are provided to you by the board as required by the state of Florida to have a condensed version so that they may help you better understand the bylaws of MHYC.
As per our Bylaws, Article III, Section 10; The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the properties, which rules and regulations shall be consistent with the rights and duties established by the Declaration. Sanctions may include reasonable monetary fines, which shall be levied as a Special Assessment as provided in this Declaration, and suspension of the right to vote and the right to use the recreation facilities. The Board shall, in, addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided in the Bylaws of the Association. In addition, the Association, through the Board, may, by contract or other agreement, enforce court ordinances or permit Glades County to enforce ordinances on the properties for the benefit of the association and its members. These Rules and Regulations were voted, approved, documented and posted by The Moore Haven Yacht Club Homeowners Association Board of Directors on 2/11/21 and take affect 3/11/21 in accordance with Florida State Statute.
The Moore Haven Yacht Club is a 55+ community consisting of Double-wide mobile homes and manufactured homes. All property owners agree to pay a quarterly maintenance fee as set forth in the by-laws and abide by all declarations, by-laws, rules and regulations set forth by the Moore Haven Yacht Club Homeowners Association. Membership must be approved by a vote of the Board of Directors. No property may be purchased without approval.
If at any time, you have an issue regarding a member, a building project, policy, etc. the proper thing to do is to bring a signed, letter of complaint and present it to the board at a Thursday morning meeting between 9-11am. This is the only way a complaint will be considered valid. Unsigned or anonymous notes, letters, phone calls or verbal complaints will not be reviewed or brought to the attention of the board.
All property sales must be approved by the Board of Directors. Ownership Application packets may be obtained at the office. It is strongly suggested that “buyer(s)” complete the application packet and submit it to the Board of Directors prior to or upon acceptance of a purchase agreement on any property. An Estoppel fee of $125 will be charged to be paid at closing. A transfer fee of $100 is charged and may be paid prior to or at the closing. A signed copy of the Transfer Agreement MUSTaccompany the Purchase Agreement when submitted to a Title Company. A property sale cannot close without Board Approval.
ARCHITECTURAL CONTROL BOARD (ACB)
No owner shall make, install, place or remove any building, fence, screen enclosure, porch, wall, patio area, pool, spa or any other alteration, addition, improvement, or change of any kind or nature to, in or upon any portion of common property or the owner’s lot, unless the owner first obtains the written approval of the ACB. Approval is not required for any maintenance or repair which does not result in a material change in any improvement including the color. Approval from the ACB is required for any new home, addition, change to the outside of all homes. The Architectural Control Board’s function is to keep the appearance of the park consistent, clean and safe, as well as to protect the property value of our members. The bylaws are used as a guideline for the ACB but may use their discretion as to what is appropriate for our community standards. Approval from the ACB is required to obtain permits from the City of Moore Haven and/or Glades County. All City and County requirements for building and zoning must be followed including all required inspections. Please refer to the City of Moore Haven Code Enforcement and Glades County with any questions pertaining to code and ordinance requirements pertaining to your project.
The Associations lawn maintenance shall include mowing of the members lawn, front, back and sides of the lot, the areas of the lot where the lawn mowers cannot mow, due to access problems, shall be kept in order by using a trimmer. The owner is to care for all landscaping, hedge, shrub and tree trimming, irrigation pumps and sprinkler systems. The exterior of the home must be kept clean and free of dirt, mold and mildew. We recommend pressure washing in the spring and early fall. No noxious or illegal activity shall be permitted upon any lot, nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood or any other lot owner. In the event of any question as to what may be or become a nuisance, such question shall be submitted to the Associations Board for a decision in writing, which decision will be final. In addition, no weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any lot. No refuse pile or unsightly objects shall be allowed to be placed or to remain on any lot. In the event that an owner shall fail or refuse to follow the above, you will be notified and given 30 days to make arrangements to correct the situation. After 30 days if the issue hasn’t been corrected the association may enter premises and remove the same at the owners expense, and such entry shall not be deemed a trespass. All garbage or trash containers must be securely covered to prevent wildlife from entry and not visible from the street as much as possible and reasonable. All garbage placed out for collection must be in sealed garbage bags, covered plastic garbage cans, or such other containers. Please do notput trash out the night before pick-up. The City of Moore Haven collects trash on Monday and Thursday.
Lawn service is currently provided by Angler’s Lawn and Landscaping, The contract states they will mow weekly during wet season and every-other week during dry season. Anglers will follow directions set forth by the Board of Directors.
· Mow, string trim, edge, & blow Mowers will have the guards down at all times when mowing a lot with a home or any other structure.
· Mowing will be weekly from June 1st to November 1st (begin and end times are approximate based on growth). Winter months will be every-other week or on an “as needed” basis to be determined by the Board of Directors.
· Trimmers will not get close to any object that might get damaged.
· Weed eating on the banks of the river, canal, and pond will be twice a month or as needed.
· Trimming of small trees on the common areas onlyas needed.
· Edging of lots with homes, vacant lots, common areas, and roadways as needed.
· Blowing off of all grass cuttings each mowing.
· Spraying of round up in the common areas only. NO spraying on home owner lots.
· The lots not to be mowed will also have no trimming, edging, or blowing on the property.
· The home owner will be informed if an object is accidentally damaged during any of the lawn service processes. Mowing will be on Thursdays and will be accomplished in 1 day if possible. We have agreed that if needed 2 days is acceptable for a complete and thorough job. Please remember to pick movable objects in your yard before the mowing begins.
· Flower gardens, hedges, shrubs, and small trees will be the responsibility of the individual owner. If you would like the service to perform a task for you, you may negotiate separately and privately on this. Please do not ask or expect the service to stop their job to do something for you. They have been instructed not to do this.
All items in the storage area must meet the following requirements:
· Must be able to drive or tow and must be operational.
· Must have current tags and insurance is strongly advised. MHYC is not responsible for any items in the storage area. If your item damages someone else’s property, you are responsible.
· Must be clean and neat in appearance.
· No loose items on trailers or on the ground in your space. This area is for RV’s, trailers, boats with trailers and personal vehicles, not random items that belong in your shed or garage.
· If your items are covered, canvas is preferred over plastic tarps as it withstands the weather much better.
· Use of the storage lot is a privilege not a right. Failure to follow the guidelines will result in your items being requested for removal. After 30 days the items will be removed at your expense.
· Storage area spaces are available on a first come basis. If a space has not been used for the calendar year, it must be relinquished for another members use.
· At the beginning of each year, before January 15, members using storage area must come into the office and fill out/renew their form. Failure to do so will be taken that you no longer want/use your space and it will be relinquished.
· There will be an annual fee of $120 for plugging in to charge batteries only.
All campers, boats, and trailers of any kind must be stored under a motor port or in the storage lot.
Personal vehicles must be parked on concrete driveway, of working order, current license and insurance. A boat and trailer or trailer may be parked in a homeowner’s driveway for loading and unloading or
repair work. Any repair work resulting in an item being parked ina driveway for a period longer than 3 days must be approved by the board.
No commercial vehicles or trailers of any type, including any business names or logos shall be permitted to be parked or stored on any lot except during construction.
The MHYC enforces certain restrictions in terms of pet ownership. The leash law requires pets to be on a leash at all times when outside and not within a fenced area.This includes the time riding on golf carts, while on your property or rental property and Common Areas. Cats are pets, too! It is the owner’s responsibility to pick up and dispose of your pets waste immediately and in a proper manner. The MHYC bans vicious or aggressive animals regardless of species, size or weight. Examples of dogs in this category are Pit Bulls, Rottweiler’s, Doberman Pinschers, and German Shepherds, etc. The Board of Directors has the ability and responsibility to impose fines for infractions to these rules.
Fences are not permitted, to allow for expedient lawn maintenance. A decorative fence on the side of a driveway is permitted providing it is anchored into the driveway. Invisible fence, in your backyard, is permitted on a case-by-case basis only, and must be approved by the Board of Directors, and may be rescinded at any time.
CLOTHES LINES/DRYING AREAS
Drying areas/clothes lines are permitted with permission of the ACB.
CLUB HOUSE ROOMS
The Board of Directors has authorized members in good standing and their guests to use portions of the common areas for private parties and gatherings. Arrangement to use these rooms are to be cleared through the Board of Directors and is limited to two (2) times per year, per family. Since the swimming pool is open daily for membership use. The pool is not available for private party use. Any violations of rules or procedures by a member, guest, or invitee is the responsibility of the owner, and shall subject the owner to the same liability as if such violation was that of the owner, resulting in suspension of use of the facilities, monetary fine or charge for cleaning and/or repair. A $100 deposit may be required upon approval for room use.
The pool is for MHYC members in good standing, their families, and up to 2 guests (not family). All visitors must be accompanied by a member. Swimming attire is required. No street clothes. All swimmers must shower before entering pool. No animals allowed in the pool or on the deck. Food and drink are allowed but not within 4 feet of the pool. Absolutely no glass or smoking allowed. No diving, running, rough play, or unnecessary noise. All persons using the pool do so at their own risk. The MHYC HOA is NOT responsible for accidents or injuries. The MHYC HOA reserves the right to deny use of the pool to anyone at anytime.
We are aware that as a 55+ community the time may come for homeowners to require additional help in their home. If this becomes necessary, please complete the “Additional Resident Application” as they do need to be approved by the board and a background check is required. No one under the age of 18 is allowed to reside in MHYC even as a long-term guest.
The biennial trimming of large palm trees includes trees on both common property (the Association pays) and on personal property (the individual member pays). To keep cost to our members economical we have a contracted service to perform this task, which may take up to 3 days. The Board will determine the number of large trees on each lot and give the home owner an invoice for the cost of trimming their large palms. As a safety measure to our members, we consider any palm that can no longer be reached with a pole saw, from the ground, to be large. If you prefer to have your trees trimmed by another party you will need to make arrangements privately through a professional tree service. If payment has not been received or another trimming option approved by the board, your trees will be trimmed on the appointed day and the home owner billed for the service. Small trees are easily reached with a pole saw and may be trimmed by the home owner. All trees must be kept neat in appearance and not to obstruct walkways or intersection sightlines.
SIGNS AND FLAGS
Except for one sign used to indicate the name of the resident, no “for rent”, “for sale’ or other sign of any kind is permitted to be displayed without prior consent of the ACB, the only exception being a security sign within 10 feet of the door. Any home owner may display one portable flag or erect a free standing flagpole not more than 20 feet high on any portion of the home owners real property, regardless of any covenants, restrictions, bylaws, rules or requirements of the association. A flag pole must not obstruct sightlines at intersections andnot be erected within or upon an easement. The home
SIGNS AND FLAGS (Continued)
owner may display, in a respectful manner, one official United States Flag, not larger than 4.5 feet by 6 feet, and may additionally display one official flag of the State of Florida or the US Army, Navy, Airforce, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be the same size or smaller than the US Flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations.
As stated in the bylaws, a setback of 5’ on either side of a property line makes up the easement. The easement is to be kept free of all buildings, debris and plant material, with exceptions approved by the county. Homeowners, please be aware thatthis area is to be kept free of all plant material, however, we know many homes have existing plants in their easements. No new plantings will be permitted in the easement areas and if the city or utility needs access, they will tear it out and it cannot be replaced, other than sod/seed.
Property rentals are permitted with restrictions. Property rental leases must be a minimum of
3-months. At least one permanent resident must be at least 55 years of age. No one under the age of 18 is allowed to reside in The Moore Haven Yacht Club. Renters agree to follow all bylaws, declarations, and rules and regulations. The property owner (landlord) is responsible for their renter’s actions. Any violations will result in fines executed against the property owner.
Homeowners violating these rules and regulations will be notified and then will be subject to Article III Section 10.
Approved by BOD vote 2/11/2021