Oceanside Village Rules and Regulations

Oceanside Village Rules and Regulations 2016-10-15T00:19:39+00:00
Oceanside Village Rule and Regulations
1. Compliance with Zoning Ordinances . No use maybe made of a Parcel or the
Common Areas that violates any applicable zoning ordinance or resolution or the
relevant Site Construction Plans.
2. Rules and Regulations . No person shall use the Common Areas or any part of
them in any manner contrary to these rules and regulations, which have been
adopted by the Board as provided in the covenants.
3. Common Areas
3.1 Use . Any owner who is delinquent in the payment of any assessment by
more than 90 days will not be allowed to use any of the common facilities.
This restriction will also deny the use of the common facilities to renters if the
homeowner is delinquent in the payment of an assessment by more than 90
days.
Community Pool
· No lifeguard is on duty.
· All swimmers must shower before entering the pool.
· The pool will be open from dawn until dusk.
· Nighttime swimming is not permitted.
· Unattended children under the age of 13 are not allowed in the pool area.
· Pets are not allowed anywhere in the pool area.
· Deck furniture will not be removed from pool area.
· Glassware is not allowed in the pool area.
· No alcoholic beverages allowed in pool area.
· Running, jumping or diving is not permitted in the pool area.
· Scuba gear, surfboards, boogie-boards, body-boards, lounge floats or similar float devices
are not permitted to be used in the pool.
· Children wearing diapers are not allowed in pool.
· Headphones must be used when enjoying music. Noise should be kept to a minimum.
· Lounge chairs and chaises should be covered with a towel to ensure that sun tan
lotions/oils are not absorbed into the PVC.
· Restrooms are maintained by the Association. Your assistance in helping to keep the
restrooms clean is important.
· The pool is for the use of “Oceanside Village” owners, their resident family and their
resident or visiting guests ONLY!
· Please respect the pool area and those using it. We all collectively pay for damage. Help
us to keep the pool a safe and fun place to go.
3.2 Basketball Courts : Bikes, skateboards, rollerblades, pets, etc. are not
allowed on the basketball court.
3.3 Tennis Courts : Bikes, skateboards, rollerblades, pets, etc. are not allowed
on the tennis courts.
3.4 Club House (Community Center):
· Rental of the Community Center is only available to homeowners not in arrears by more than 90
days for any assessment and is available on a first-come basis.
· When renting the Community Center two (2) separate checks must be made payable to
Oceanside Village HOA, Inc. One (1) check for the rental and the other for the security deposit.
The security deposit check will be returned after the Community Center is inspected by the
Association’s management company.
· All decorations must be approved by the Manager. Decorations must be removed immediately
after the function, including all attachment material, i.e., tape, pins, etc. Returning the room to a
pre-party condition is required as part of the rental agreement.
· Functions will be restricted to the Community Center only. The pool and the pool deck area
may not be used during any private function.
· Alcoholic beverages are allowed on premises during “Adult” functions. Alcohol is not allowed on
the Pool Deck or in or around the pool, tennis courts or basketball court.
· Smoking is not permitted inside the Community Center.
· The Community Center is not available for general use when private functions are in progress,
· The Association has approximately 80 chairs and eight long tables available for use in the
community center.
· Non-compliance with the usage guidelines may result in loss of deposit and/or loss of future use
of the facility.
4. Offensive Conduct . No behavior or practice shall be permitted on the Common
Areas that endangers or unreasonably annoys an Owner or other authorized user
of the Common Areas or that might cause the premiums for insurance on the
Common Areas to be increased, and no immoral or unlawful use shall be made of
any part of the Common Areas.
5. Animals .
5.1Animals owned by (or in the custody of) a Residential Owner or his/her
tenants or guests shall not be permitted on the Common Areas except
when it is leashed or carried by hand and is in an area that the Association
has specially designated for pets. The Board may order temporarily or
permanently banned from the Common Areas, and/or the Properties
generally, any animal that is dangerous or that becomes obnoxious by
reason of aggressive or intimidating behavior, barking, littering, or
otherwise. No animal may be kept on the Properties for commercial or
breeding purposes. No animal may be kept outside a Residential Unit
unless someone is present in the unit. Any resident shall pick up and
remove any solid animal waste deposited by the pet on the Developer’s
Lands, except designated pet walk areas, if any.
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5.2No wildfowl or livestock will be kept or bred within Oceanside Village.
The Brevard County Animal Control Ordinance is as follows:
To register a complaint, the complaintent must personally contact Brevard Animal Control at (321)
633-2024. Do not call the Association or the Managing Agent.
Definitions :
Aggressive means that an animal has shown a habit or practice of attacking or exhibiting hostile, injurious or
destructive actions or behavior.
At-Large means that off the premises of the owner and not under the physical control of the owner, by means
of a leash, cord or chain of sufficient strength to control the animal, not to exceed six (6) feet in length.
Nuisance:
a. Disturbing the peace and quiet of any person by habitually or continually barking, howling, crying,
screaming, or making other bothersome noises.
b. Disturbing the peace of any person by habitually or repeatedly destroying, desecrating or soiling public
or private property, chasing persons, livestock, cars or vehicles, running at large, or other behavior that
interferes with the reasonable use and enjoyment of the property.
Probable Cause means reasonable grounds, based on personal knowledge of facts and circumstances or
trustworthy information, sufficient to warrant a belief that there is a violation of this article.
Penalty – Section 14-37:
A violation of this article shall constitute a civil infraction.
The maximum civil penalty for a civil infraction shall not exceed $500.00 per violation.
By resolution, the County Board shall establish the amount of any civil penalty for a civil infraction.
Any person who willfully refuses to sign and accept a citation issued by an Officer pursuant to this article,
shall be guilty of a misdemeanor of the second degree, punishable as provided by F.S. 775.082, 775.083 or
775.084.
Animal-at-Large – Section 14-56:
No animal shall be permitted or allowed to be at-large. It is a violation of this article for the owner of
an animal to permit or allow the animal to be at-large.
Creation Of Nuisance:
1. No animal shall be permitted or allowed to create a nuisance.
2. Non-applicable – Farm animals.
3. Any nuisance complaint may be investigated by animal services or enforcement. However, before a
citation may be issued, the Animal Enforcement Officer must have personal knowledge of the
nuisance or at least two (2) affidavits from different parties residing in close proximity to the alleged
nuisance must be received. One affidavit may be sufficient to warrant investigation where there is
only one party in close proximity to the alleged nuisance.
4. It shall be an unlawful nuisance for an animal owner to either be found guilty of or effectively admit
guilt to more than four (4) violations of this article within a twelve (12) month period of time. The
failure to contact or pay a citation shall be considered an effective admission of guilt for the
purpose of this section. A violation of this section is a civil infraction punishable by a fine not to
exceed $500.00.
Defecating/Urinating on Public or Private Property – Section 14-59:
No animal shall be permitted or allowed to defecate or urinate upon any public property, or any private
property, without permission of the property owner. It shall be the responsibility of the owner or
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person in control of the animal to dispose of or remove any excretions caused by the animal. It is a
violation of this article for the owner or the animal to permit or allow the animal to defecate or urinate
upon any public property or any private property, without permission of the property owner.
The Board encourages all owners of animals to be considerate of their neighbors and maintain
control of their animals.
6. Children . Children must observe the rules and regulations adopted by the Association
for the use of the Common Areas to the same extent adults and Owners must.
7. Security Stops . The Association’s security personnel, including the
Neighborhood Watch, shall have the right to stop and question persons on the
Common Areas and to require satisfactory evidence of any such person’s right
to be where he/she is stopped. Any such person who fails to establish that right
may be required to leave the Common Areas (even if he/she actually is entitled
to be where he/she is stopped, but fails to satisfactorily prove that he/she is).
8. Water Conservation . No Owner shall replace or remove any fixture which
controls the amount of water consumption on to his/her Parcel and which was
installed on the Parcel by the Developer or Builder, the OVHA or its agents, if
the likely result of the replacement or removal would be to increase the amount
of such consumption. The Board of Directors may grant a complete or
conditional exemption from the foregoing restriction in any case in which
removal or replacement of a particular fixture is due to the device’s
malfunctioning, deterioration, or destruction and its replacement with a fixture
or device which is not likely to increase the amount of water consumption
relative to the Parcel is unfeasible or unduly burdensome because of the
unavailability or prohibitive expense of such a fixture or device.
9. Damage . The Association may levy a special assessment on any Owner or
Owners whose negligence or willful misconduct (or that of such Owner’s family
member, guest or invitee) causes damage to the Common Areas or increases
insurance premiums with respect thereto, in the amount of the expense
attributable to the cost of repair of the damage or the increased insurance
premiums.
10. One Unit Per Parce l . Only one Residential Unit shall be constructed on any
Parcel. Such Residential Unit shall comply with minimum standards as
specified by the Architectural Review Board.
11. Occupancy . No Residential Unit shall be permanently occupied by more than
two (2) persons for each bedroom in the Unit. In addition, temporary guests
are permitted so long as they do not create an unreasonable source of noise
or annoyance to the other residents of the community.
12. No Trade or Business . No trade, business, profession, or commercial activity,
or any other nonresidential use, shall be conducted upon any portion of the
Properties or within any Parcel or Residential Unit by any Owner or resident of
the Properties, other than the marketing and sale of Parcels and improvements
thereon.
13. Leases . All leases of a Residential Unit must be in writing and specifically be
subject to the Covenants, the Articles and the Bylaws. Copies of the lease
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shall be delivered to the Association prior to occupancy by the tenant(s). No
lease shall be for a period of less than six months.
14. Solar Panels . Solar panels should blend into the structure as much as
possible. They shall lie flat on the roof and not be tilted up at a greater pitch
than the roof unless design provisions are made to blend it into the structure.
No solar panels can be ground mounted.
15. Gutters . Gutters must be white to match the house and be approved by the
ARC.
16. Lakes and Canals . No swimming or boating in any lake, canals or ditch within
the subdivision.
17. Outside Storage of Personal Property. The personal property of any resident
shall be kept inside the resident’s Unit or a fenced or a walled-in courtyard,
except for tasteful patio furniture and other personal property commonly kept
outside.
18. Portable Buildings . No portable, storage, temporary, or accessory buildings or
structures, or tents, shall be erected, constructed or located upon any Parcel
for storage or otherwise, without the prior written consent of the Association.
18.1 Portable Basketball Goals: Portable basketball goals are authorized for
use ONLY on private property in the community, which includes
driveways in the Estate section. They are NOT PERMITTED on common
grounds, which includes driveways in the Dunes, Windward Cove,
Harbour Cove, and Leeward Cove.
19. Garbage and Trash . Each Residential Owner shall regularly pick up all
garbage, trash, refuse, or rubbish on the Owner’s Parcel. Garbage, trash,
refuse, or rubbish that is required to be placed at the front of the Parcel in
order to be collected may be placed and kept at the front of the Parcel after
3:00 p.m. on the day before the scheduled day of collection, and any trash
facilities must be removed on the collection day. All garbage, trash, refuse, or
rubbish must be placed in appropriate trash containers or bags. All containers,
dumpsters, or garbage facilities shall be stored inside a Residential Unit or
fenced-in area and screened from view and kept in a clean and sanitary
condition. No noxious or offensive odors shall be permitted.
20. Vehicles . The Owner and residents of any Residential Unit may not keep more
than four vehicles within the Properties on a permanent basis without the prior
written consent of the Association. All vehicles parked within the Properties
must be in good condition, and no vehicle which is unlicensed or which cannot
operate on its own power shall remain within the Properties for more than 24
hours, and no major repair of any vehicle shall be made on the Properties.
Motorcycles operated within the property must be equipped with appropriate
noise muffling equipment so that the operation of the motorcycle does not
create an unreasonable annoyance to the community residents.
20.1 Parking. No vehicle other than a private passenger automobile shall be parked
outside any Residential Unit for a period of more than 24 hours without the prior written
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consent of the Association. Vehicles of any kind may not be parked anywhere on the
Association streets from 12:00 Midnight until 7:00 A.M without prior written approval of the
Association.
Mobile house, motor homes, trailers; vehicles with commercial lettering, or
vehicles with commercial equipment placed upon the vehicle may not be
parked overnight in the community without prior written approval of the
association; written approval will be contingent based on the
lettering/signage being hidden from street view during overnight hours. The
foregoing restrictions shall not be deemed to prohibit the temporary parking
of commercial vehicles while making delivery to or from, or while used in
connection with providing services to the Properties.
Any vehicle violating these rules will be towed away at the Owner’s expense. In
addition to the cost of towing the owners will also be responsible for any storage
costs until the vehicle is picked up.
20.1 (deleted by approval of the Board)
20.2 Speed Limits . All traffic laws, such as stop signs, speed limits, and
traffic circle flow, etc. must be obeyed. The maximum speed limit on
any street within the community is 25 miles per hour and is enforced
by the Melbourne Police Department.
21. Landscaping .
21.1 In Courtyards . The installation and maintenance of landscaping on the
Common Areas shall be the responsibility of the Association. If a
homeowner requests and receives approval to enclose such Limited
Common Area (courtyards), the Association shall have no further
landscaping obligations within the courtyard. Once enclosed, the
homeowner of the Limited Common Area may install such landscaping
as he/she desires and the Association shall have no obligations for
maintenance.
21.2 Dunes . With respect to the cluster known as “The Dunes”, the
Association shall install, maintain, repair, and replace landscaping in
the front, rear and side yards of each Residential Parcel. The Owners of
each such Residential Parcel shall have the right to install additional or
substitute landscaping as he/she desires with the prior written approval
of the Association. The Association shall bear no responsibility for the
survival of Owner installed vegetation.
21.3 Mulch/River Rock . Only brown cypress or “Brown River Rock” will be
used within the community. The choice to use brown river rock is a
personal decision, the cost of which will be borne by the owner. Red
mulch is ground up pallets with red dye added and is a termite breeding
area around homes. It will only used by the Association in the
entranceways.
22. Maintenance .
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22.1 Each Residential Owner shall maintain his/her unit and all
improvements upon his/her Parcel in first class condition at all times,
except any portions thereof to be maintained by the Association as
provided in the Covenants. The exterior of all Residential Units,
including but not limited to, roofs, walls, windows, patio areas, pools,
screening, and awnings shall be maintained in first class condition and
repair and in a neat and attractive manner. All exterior painted areas
shall be painted as reasonably necessary, with colors which are
harmonious with other units, and no excessive rust deposits on the
exterior of any Unit, peeling of paint or discoloration of same shall be
permitted. No Residential Owner shall paint the exterior of his/her Unit
without the consent of the Association. All sidewalks, driveways and
parking areas within the Owner’s Parcel or serving the Owner’s Parcel
shall be cleaned and kept free of debris, and cracks, damaged and/or
eroding areas on same shall be repaired, replaced and/or resurfaced as
necessary.
22.2 Repainting . Homeowners in the Dunes and the Estate Sections of
Oceanside Village may paint the exterior of their homes any color used
by the builder during the construction of Oceanside Village. The
authorized color pallet is attached, as Appendix 1 to the
ARCHITECTURAL REVIEW BOAD (ARB) STANDARDS MANUAL FOR
OCEANSIDE VILLAGE HOMEOWNERS ASSN., INC. Homes may not
be painted the same color as the homes on the right or left or the home
directly across the street. The colors shown in the Architectural Review
Manual are the only colors that may be used without specific approval
of the Board of Directors. The exterior repainting of units, even if the
color will remain the same, requires approval of the Architectural
Review Board.
22.3 Architectural Review Board . All exterior changes to a homeowners property
be must be approved by the Architectural Review Board before they are
initiated by the unit owner.
The following require Architectural Review Board approval:
· Planting landscaping material. When approval is given, the Association
will have no obligation to maintain the landscaping.
· Installation of a swimming pool
· Installation of additional exterior lighting.
· Installation of Shutters.
· Installation of children’s playground equipment.
· Exterior painting of units even if the color will remain the same.
· Any other action which will alter the outside appearance of the property.
The Board and Management Company will enforce this requirement without
exception. See or request a complete and current copy of the Architectural
Standards Manual from your Association prior to making any changes to the
outside of your home or before planting anything in the common area.
23. Clotheslines and Outside Clothes Drying. No clothesline or clothes pole shall
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be erected, and no outside clothes drying is permitted, except where such
activity is mandated by governmental authorities for energy conservation
purposes. In that event the Association shall have the right to approve the
portions of any Parcel used for outdoor clothes-drying purposes and the types
of devices to be employed in this regard. The approval by the Association shall
be in writing. Nothing contained in this paragraph shall be construed to limit
the reasonable use of energy devices based on renewable resources as
provided in Florida Statute 163.04.
24. Air Conditioning Units . Only central air conditioning units are permitted, and
no window, wall or portable air conditioning units are permitted. All exterior air
conditioning units and equipment must be visually screened from view by
landscaping or other approved materials, and in any event, no exterior air
conditioning units or equipment shall be placed in the front of a Residential
Unit.
25. Nuisances . No nuisances shall be permitted within the Properties, and no use
or practice which is an unreasonable source of annoyance to the residents
within the community or which shall interfere with the peaceful possession and
proper use of the property by its residents shall be permitted. No unreasonably
offensive or unlawful action shall be permitted, and all laws, zoning ordinances
and regulations of all controlling governmental authorities shall be complied
with at all times by all residents and guests.
26. Outside Antenna . No outside signal receiving or sending antennas, dishes or
devices are permitted without the prior written consent of the Association. The
foregoing shall not prohibit any common antenna or signal-receiving dish
owned by the Association.
27. Garbage Containers, Oil and Gas Tanks, Air Conditioners . All garbage and
refuse containers, air conditioning units, oil tanks, bottled gas tanks, and all
permanently attached swimming pool equipment and housing shall be
underground or placed in walled-in or landscaped areas as approved by the
Association so that they shall be substantially concealed or hidden from any
eye-level view from any street or adjacent property.
28. Signs . No signs shall be placed upon any Parcel, and no signs shall be placed
in or upon any Residential Unit which are visible from the exterior of the Unit,
without the prior written consent of the Association. Any permitted signs must
comply with the following:
All signs, billboards and advertising structures of any kind are prohibited,
except for builder and subcontractor signs during construction periods, and one
(1) sign to advertise property for rent or sale. Signs may not be attached to
trees. “For Sale” or “For Rent” signs shall not exceed four (4) square feet or be
taller than thirty-six inches (36”) above the ground when measured from the
top.
Signboards or other material to which notices can be affixed will be attached to
the wall at the community gates and in front of the clubhouse. Signboards
posted at each gate will be used exclusively for HOA business. No other
signboards, other than for sale or rent signs, shall be allowed within the
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community. All requests to post a sign should be directed to the Association
Manager.
29. Window Treatments . Window treatments shall consist of drapery, blinds,
decorative panels or other tasteful window coverings or other tasteful window
covering. No newspaper, aluminum foil, sheets or other temporary window
treatments are permitted.
30. Hurricane Shutters :
· Hurricane shutter may not be closed and/or installed for more than 15
consecutive days. Management must be notified of any extended closure.
· Roll down shutters in occupied homes may be used to provide shade from
the sun a maximum of six hours per day.
· Arrangements to close-up shielded side windows with shutters during
extended absentees will be approved, i.e., courtyard facing windows and
doors, fence facing side windows. Please contact management with these
arrangements.
· Hurricane Shutter Specifications must meet or exceed the Dade County
requirements and require Architectural Review Board approval.
31. Boats . No boats or trailers may be kept or stored upon any Parcel outside of
any Residential Unit, without the prior written consent of the Association.
32. Surface Water Management . No Owner or any other person shall do anything
to adversely affect the surface water management and drainage of the
property without the prior written approval of the Association and any
controlling governmental authority.
33. Pools . Construction of a swimming pool may be only of concrete or a
concrete-type material. The outside edge of any pool shall not be closer than
five feet to a line extended and aligned with the sidewalls of the Residential
Unit. No screening of pool area may extend beyond a line extended and
aligned with the sidewalls of the Unit. Pool screening may not be higher than
two stories. No overhead electrical wires shall cross any pool. Any pool lights,
other than underwater lights, must be at least four feet from the edge of the
pool. No swimming pool having an elevation exceeding four feet above normal
grade shall be permitted. The pool must be enclosed with a fence not less than
five feet in height, or a screen enclosure. The entrance gate to the pool is to
be constructed with a self-locking latch placed at least 40 inches above the
ground.
34. Exterior Lighting. Any exterior lighting shall be maintained in good
condition at all times within the Dunes and the Estates. Each Owner shall be
required to maintain the front yard lamppost installed by the Developer or
Builder in good working condition at Owner’s sole expense.
Original lampposts are aluminum/chemically etched for primer and painted with
acrylic enamel, water base paint. See the Architectural Review Manual for the
painting process.
35 . Mail Boxes . All mail boxes within the Properties shall be centrally located and
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owned by the United States Postal Service. Individual mail boxes are not
permitted.
36 . Seasonal Decorations . Seasonal decorations may be displayed no more than
four weeks prior to the the date of the seasonal holiday and shall be removed
no later than three weeks following the holiday.
37. Enforcement and Changes to Rules and Regulations . The Association shall
be responsible for enforcing these requirements. These Rules and Regulations may
change as conditions warrant by a majority vote of the Board of Directors.
*Revision approved by the Oceanside Village HOA Board of Directors 4/21/08.
*Revised and approved by the Oceanside Village HOA BOD 2/17/10; paragraph 18.1
is amended as indicated.
*Revised and approved by the Oceanside Village HOA BOD 3/17/10; paragraph 20.1
Motorized Scooters is deleted in its entirety and 20.1 Parking is amended as
indicated by underlining.

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