Rules Updated May 20th, 2015
A committee was established in April, 2015 to review the Rules & Regulations from the October, 2013 Board Meeting
and recommend any changes. The Committee consisted of Tom Davis, Gerald Rooney, Judy Thomas, Don Rousseau, Ed Byrski and
chairman Paul St.Clair. The Committee's results were presented to the Board for approval. At a May 20th Board
meeting, the decision was made to accept the five recommended revisions to the Jupiter Bay Rules & Regulations.
A complete copy of the Association's Rules & Regulations is available via the following link:
Jupiter Bay Rules & Regulations
Five Issues Were Addressed
1. Storage Issue -- The following was added to Rule #2:
"No owner may subdivide storage rooms nor construct any cage or partition which gives them exclusive use of a specific
part of a storage room".
2. Rodent Control Issue -- Rule #47 added Rodent
control inside the condominium units as the Association's responsibility.
3. Work on Unit Issue -- Rule #32 defined work
as: "Permitted construction work performed by a contracted service provider or other work that violates the Noise Control
Rule (#3). Emergency evening and weekend repairs (e.g., leaky hot water heater) are exempt from this rule".
4. Smoking at Pools Issue -- Rule #21 was updated to include
the ban on smoking at pools.
5. Parking Pass Issue -- Rule #24 was updated to help
assure that all vehicles parking overnight on Association property have a valid
parking pass issued by the office. Two changes were made to support this objective:
In situations where
the vehicle registration information is not known in advance, because the guest or tenant is picking up a rental car at the
airport, the office will issue a partially completed parking permit, with the missing information provided to the office on
the next business day.
Temporary 3-day parking passes will be issued by a rental agent for weekend walk-ins to be
exchanged for a regular parking pass on the next business day.
Vehicles without a parking pass will be subject
to towing at the owner's expense. Prior policy allowed vehicles to park on our property without parking passes
on weekends and holidays.
Following is an overview of the 2002 Arbitrator's Ruling that should help clarify some of the rental and parking issues.
During the years 1991, 1995, 1999 and 2001, the Jupiter Bay Board of Directors amended the Association's bylaws to include:
- Occupancy limits for the units,
- Approval of leases,
- The receipt of lease copies, and
provision for transfer fees.
These bylaw amendments were challenged via a petition for arbitration before the
Division Of Florida Land Sales, Condominiums, and Mobile Homes (Currently called The Division of Florida Condominiums, Timeshares
& Mobile Homes). The complaint was that the changes were in violation of Jupiter Bay's Declaration, paragraph 10.1
that simply says "Leasing or renting of a condominium unit by a Unit Owner is permitted". The Declaration
imposes no further restrictions.
The arbitrator entered a final judgment order in this case on July 3, 2002. The
final order said that:
- The Association failed to follow the appropriate procedures for passing substantive restrictions
on the right to lease found in the declaration, and ultimately amended the wrong set of documents. The declaration should
have been amended instead of the bylaws.
- The Association is hereby prohibited from enforcing the 1991, 1995, 1999
and 2001 amendments against anyone in the condominium.
Specifically, the arbitrator ruled that:
Rental Periods: The validity of the minimum rental periods provided by the amended bylaws was deemed invalid. The rationale
for finding the amendments invalid was inconsistency with specific rights granted in the declaration.
Limits: The occupancy limits contained in the amendments are not deemed inconsistent with the declaration, but are expressly
contemplated by section 10.1 of the declaration which says "The number of persons occupying a unit will at all times
be reasonably related to the size of the unit." In other words, the Association can impose unit occupancy limits.
of Leases: The Association's Articles of Incorporation say that the Association has the power to "approve or disapprove
the leasing, transfer, ownership and possession of Units as may be provided by the Declaration." However, since the Declaration
does not create the right of approval, this power "rings hollow without specific accompaniment in the declaration."
In other words, the Association cannot approve or disapprove leases.
- Copies of Leases: The association is deemed
to be authorized to require that leases be in writing and filed with the association prior to occupancy by the tenant, not
less than 3 business days in advance of the intended occupancy.
- Transfer Fees: The association cannot charge
a transfer fee or a "processing fee".
FL Statute Chapter 715 - Vehicle Towing
towing seems to be a recurring issue at Jupiter Bay. Following are the Florida statutes addressing this:
- Must post "tow-away zone" signs with name and phone number of towing company.
- Towing company
must notify police within 30 minutes of towing.
- When person owning vehicle shows up while in the process of towing,
vehicle must be returned upon payment of reasonable fee of not more than one-half the towing rate.
- Tow truck must
display the name, address & phone number of the towing company in at least 3-inch permanently affixed letters.
towed vehicle must be stored within 10-mile or 15-mile radius (if 500,000 or more residents in county) at a facility open
from 8:00 AM to 6:00 PM.
Because of Florida’s 2019 legislative changes, the Association’s Rule #21 (Smoke & Dust) needs to
be updated to include “vaping”.
House Bill 7012 added Vaping to Chapter 386, Part II, The Florida Clean
Indoor Act and places the same prohibitions and restrictions on Vaping as are on smoking. The Chapter’s purpose is to
protect people from the health hazards of secondhand tobacco smoke and vapor and to implement the Florida health initiative.
"Vaping" needs to be added to the Association's Rule #21 every place that lists “smoking”.
Rule #36 in Conflict with FL Statutes
The second part of the Association’s
Rule #36 (Owner Delinquencies) is in conflict with the current version of Florida Statutes and needs to be changed.
Our Rule #36, written in 2015, says “Any owner
who is more than 90 days delinquent in the payment of any monetary obligation due the Association is ineligible to vote."
This reflected the 2015 Florida Statute 718.303(5) which read “An association may suspend the voting rights of a unit
or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than 90 days
However, in 2017 the Statute
was amended to read “An association may suspend the voting rights of a unit owner or member due to nonpayment of any
fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent.
Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect."
the Statute says “(6) All suspensions imposed pursuant to subsection (5) must be approved at a properly noticed board
meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee,
or invitee by mail or hand delivery.
The Statute does not allow an Association’s governing documents to override
it, and our Bylaws are silent on the matter.
Remedies & Fining Committee
Florida statute 718.303(1) says that: each unit owner, each tenant and other invitee must comply with the provisions
of the association’s governing documents, and that actions for damages and injunctive relief for failure to comply with
these provisions may be brought by the association against a unit owner or anyone else occupying a unit. Paragraph 5(n)
of Jupiter Bay’s Bylaws says that the powers and duties of the Board of Directors shall include “levying fines
against appropriate unit owners for violations of the Rules and Regulations established by the Association to govern the conduct
of such unit owners.”
Paragraph #3 of FL statute 718.303 provides the following remedies for
failure of the owner of a unit or its occupant, licensee, or invitee to comply with any provision of the association’s
declaration, bylaws, or rules:
Levying a $100 fine for each day of a continuing violation up to a maximum of
$1,000 in the aggregate.
Suspending, for a reasonable period of time, the right to use the common elements,
common facilities, or any other association property.
The suspension, which does not apply to the unit’s limited common elements, parking spaces, elevators, utility services
or access, can also be imposed if the unit owner is more than 90 days delinquent in paying a monetary obligation due to the
Statute 718.303 is administered via the following procedure:
the board or management office discovers, or is notified of a violation, they tell the resident about the violation and ask
that it be corrected. Furthermore, the resident is warned that if no corrective action is taken, a fine or suspension may
If the violation is not corrected, a written notice is mailed (certified mail preferred) or hand
delivered to the unit owner and, if applicable, its occupant, licensee, or invitee at least 14 days, but not more than 30
days prior to a scheduled hearing. The notice describes the violation, lists any prior warnings given, and offers the
opportunity for an appeal to a peer-group of other owners.
Alleged violators who do not request a hearing are
presumed to concur with the fine or suspension, and the amount of any fine will be posted against the particular unit’s
Those who request a hearing are contacted by the Fining Committee who will provide the place, date
and time of the scheduled hearing.
Fining Committee hearings will be noticed to association members at least
48 hours prior to the meeting with regular bulletin-board postings on the property. Residents may attend the meeting,
but are not allowed to speak.
Prior to the Fining Committee hearing, all letters and correspondence with the
resident should be given to the Committee members for review.
The Fining Hearing is to be heard by a majority
of the Fining Committee. If a majority of the Fining Committee members concur with the proposed penalty, the Board,
at their next Board of Directors Meeting, will charge the fine to the owner’s account or invoke the suspension of privileges.
If the Committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
are considered as assessments and are collected in the same manner as other assessments. However, a fine may not become
a lien against a unit. The goal of fining should be compliance, not revenue generation.
A Fining Committee
, also referred to as a compliance, violation,
grievance or rules enforcement committee, is made up of at least three unit owners appointed by the board who are neither
board members nor employees and are not relatives of a board member or employee.
The Fining Committee’s purpose
is to assure that fines or suspensions are administrated reasonably and fairly. They are not to debate whether the violated
statute, bylaw, rule or provision is appropriate or reasonable. Their commission is just to determine whether there
was a violation, how long it continued, whether the violator was taking corrective measures, and whether there were any extenuating
The Fining Committee is the last arbiter that a resident who is accused of rules violation has. It
provides a check-and-balance over the Board’s fine levying and suspension-of-rights abilities. The Fining Hearing
is an opportunity for both the Association and the person who is proposed to be fined to present evidence as to why the fine
should or should not be imposed. This is not a time for debate or to lecture the resident, and the Fining Committee
should try not to engage in a back and forth with the resident. Once the alleged violator has made their case, it is
advised that the Fining Committee let them know the Committee’s decision via mail, which gives the Committee time to
deliberate and also helps avoid an argument between the owner and the Committee at the hearing.
A typical Fining Committee hearing agenda is as follows:
of the Committee Members and owner/residents in attendance.
Reviewing of the Hearing’s purpose, the Fining
Committee’s charter, and the objectives of the meeting.
Description, by the Fining Committee member(s),
of the violation, citing the document, paragraph and wording of the rule(s) that were alleged to be violated.
of proof of violation and supporting evidence.
Presentation by alleged violator (owner/resident) of evidence
and rationale as to why a fine should not be imposed. Discussion of any extenuating circumstances and corrective actions
Deliberation and review of evidence by the Fining Committee, either while the alleged violator is present
or after they have been dismissed.
Determination of imposition of a fine and the amount of the fine.
by the Fining Committee membership to determine whether the fine should or should not be imposed. Afterward, the Committee
will notify the Owner/resident and Board of Directors in writing of their decision and rationale. The Committee’s
decision will stand with no further discussion or appeals.