Governance

Condominiums in Florida are created pursuant to Florida Statute 718, and they are governed by the Association's Condominium Documents.

Specific information is provided below for amendments regarding: Association Websites, Estoppel Certificates, and Fire Sprinkler requirements. Recent changes to Emotional Support Animal laws and Assessment Notices & Collections changes are covered on the "News" page of this website.
Please visit the bottom section of this page for information on all PBC recorded changes to the Association's governing documents.

Condominium Documents

  1. Declaration of Condominium is the master deed that's recorded in the county where the condominium is located and creates the condominium. It defines the portions of the development that individual owners are responsible for and those managed by the Association.  It creates the framework for operating/managing the Association and defines the rights, restrictions and responsibilities of each owner in the Association. It provides legal descriptions and identifies units and common expense percentages.
  1. Articles of Incorporation (corporate charter) bring the Condominium Association (i.e., the corporation) into existence and describe its structure.
  1. Plot Plan & Survey define what's included in the Association and sets boundaries for condominium units, land and common areas/structures.
  1. Bylaws define how the Association operates.
  1. Rules and Regulations are supplemental restrictions authorized by the bylaws and promulgated by the board. They regulate day-to-day use of the condominium units and common areas.

Hierarchy of Documents

Here's the order of document precedence. FL Statutes overrule all other documents unless they specifically say "unless defined in the association's Declaration".

Changing Jupiter Bay's Governing Documents

75% To amend the Declaration of Condominium.

  • Statutory default is 2/3 of units.
  • May not materially change unit configuration, size, appurtenances, or percentage share of the common elements/expenses.

80% To amend the Association’s Bylaws.

  • Statutory default is 2/3 of units.
  • Proposals to amend must contain the full text of the bylaws to be amended with new words underlined and deleted words lined through with hyphens.

80% To materially alter the Association’s Common Elements.

  • Statutory default is 75% of units.

Majority of Board Members To amend the Rules & Regulations.

Condominium Statutes Legislative Changes

7/1/21
7/1/20
7/1/19
7/1/18
7/1/17

7/1/21 Legislative Changes

During the 2021 Legislative session, the following bills effecting condominiums were approved:

  • Senate Bill 56 – Assessment Notices & Collections Changes
  • Senate Bill 602 – Business Organizations
  • Senate Bill 630 – Community Associations
  • Senate Bill 1966 – Board Candidate Eligibility & Annual Budget

Click here to Obtain Summary of 2021 Changes

7/1/20 Legislative Changes

During the 2020 Legislative session, the following bills effecting condominiums were approved:

  • Senate Bill 476 – Law Enforcement Vehicles
  • Senate Bill 838 – Business Organizations
  • Senate Bill 886 – Errors in Deeds
  • Senate Bill 1084 – Emotional Support Animals
  • Senate Bill 1362 – Rental Agreements
  • House Bill 469 – Real Estate Conveyances
  • Senate Bill 664 – Verification of Employment Eligibility
  • House Bill 255 – Florida Commission of Human Relations
  • House Bill 529 – Insurance Guaranty Associations
  • Senate Bill 374 – Housing Discrimination

Click here to Obtain Summary of 2020 Changes

7/1/19 Legislative Changes

Florida House Bills 7012 & 7103 introduced changes to Florida's Condominium Statutes related to the following area:

  • Vaping
  • Fire Safety
  • Handrail & Guardrail Replacements
  • Community Association Management

Click here to Obtain Summary of 2019 Changes.

7/1/18 Legislative Changes

Florida House Bill 841 introduced several changes to Florida's Condominium Statute 718 related to the following areas:

  • Official Records,
  • Condominium Websites,
  • Financial Reporting,
  • Board Meeting Where Assessments are to be Considered,
  • Notice of Board Meetings via Email,
  • Board Member Terms,
  • Board Member Recall,
  • Alterations or Additions to Condominium Property,
  • Electric Vehicles in Condominium Associations,
  • Conflicts of Interest,
  • Fines & Suspensions, and
  • Condominium Bulk Assignees & Balk Buyers.

7/1/17 Legislative Changes

Florida House Bills 398, 1237 & 6027 introduced several changes to Florida's Condominium Statute 718 related to the following areas:

  • Estoppel Certificates,
  • Conflict of Interest,
  • Official Records,
  • Financial Reports,
  • Term Limits & Recalls
  • Criminal Penalties,
  • Arbitration of Disputes,
  • Voting Rights,
  • Debit Cards,
  • Ombudsman, and
  • Financial Reporting Requirements.

Click Here to Obtain Summary of 2017 Changes

Proposed Jupiter Bay Bylaw Changes

There are two Bylaw changes that should be considered.  They would align the Association with Florida Statute default values for Bylaw approvals and Annual financial reporting deadlines. The proposed changes below would apply to the common set of association bylaws and would require approval by 288 (80%) affirmative votes of the entire membership.

  1. Bylaw Amendment Approvals – Currently, the Association’s Bylaws can only be amended with an 80% affirmative member vote. It is unusual to have bylaws that are this difficult to change. I propose that we change our Bylaws approval requirements to conform to the Florida statute default value, which requires approval of “not less than two thirds of the voting interests.”
  1. Annual Audited Financial Report Due Date – I don’t believe that our Association has ever had its Annual Audited Financial Report completed and mailed to owners within 60 days following the end of the fiscal year, yet this is required in section 9.13 of our Bylaws. I propose that we change this to the Florida statute language which requires a contract for the preparation and completion of the report within 90 days and mailing not later than 120 days after the end of the fiscal year.

Proposed Jupiter Bay Declaration & Bylaw Text Changes

The document available via the link below shows the specific changes to the Association's Declaration and Bylaws text required to enact the proposed amendments shown above.  The full text of the current language is shown with underlining of inserted words and strikethrough of deleted words. (Note that this document does not include changes for the latest 10.4 Declaration amendments.)

Click Here to Download Document Changes File

Florida Statutes Stipulate Website Requirements

Per FL Statute 718.111(12)(g):

1. By January 1, 2019, an association managing a condominium with 150 or more units shall post digital copies of the documents specified in subparagraph 2 (see below) on its website.

  • a. The association’s website must be an independent website wholly owned and operated by the association or a website operated by a third-party provider dedicated to the association’s activities and documents.
  • b. The association’s website must be accessible through the Internet and must contain sections accessible only to unit owners and employees of the association.
  • c. Upon a unit owner’s written request, the association must provide the unit owner with a username and password for accessing the protected sections of the association’s website.

2. A current copy of the following documents must be posted in digital format on the association’s website:

  • a. The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
  • b. The recorded bylaws of the association and each amendment to the bylaws.
  • c. The articles of incorporation of the association filed with the Department of State.
  • d. The rules of the association.
  • e. A list of all executed contracts or documents to which the association or the unit owners have an obligation or responsibility and a list of bids received by the association within the past year. Summaries or copies of bids for materials, equipment, or services which exceed $500 must be maintained on the website for 1 year.
  • f. The annual budget and any proposed budget to be considered at the Annual Meeting.
  • g. The annual audited financial statements and any monthly income or expense statement to be considered at a meeting.
  • h. The certification of each director.
  • i. All contracts or transactions between the association and any director, officer, corporation, firm, or unaffiliated association or any other entity in which an association director is also a director or officer and financially interested.
  • j. Any contract or document regarding a conflict of interest or possible conflict of interest.
  • k. The notice of any Unit Owner Meeting and the agenda for the meeting no later than 14 days before the meeting. The notice must be posted on the front page of the website or on a separate page of the website labeled “Notices” and linked from the front page. The association must also post on its website any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting.
  • l. Notice of any Board Meeting, the agenda, and any other document required for the meeting, which must be posted no later than the date required for notice.
  • m. Designation of the person or entity, with a street or email address, for receipt of a request for an estoppel certificate.

3. The association shall ensure that the information and records which are not allowed to be accessible to unit owners, are not posted on the association’s website. Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted pursuant to this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

4. The failure of the association to post information required under subparagraph 2 is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees.

Time to Smother Florida's Fire Sprinkler Scare

Article from the Palm Beach Post (August 14, 2016)

By: Ryan Poliakoff The Condo Consultant

Over the past month, significant confusion has developed concerning whether low- and mid-rise condominium buildings (those not greater than 75 feet tall) must comply with Florida laws that require high-rise condominiums without certain types of fire safety systems to either retrofit their properties to include these systems, or opt out by a unit-owner vote.

The Florida Fire Prevention Code provides that all high-rise buildings, defined as those greater than 75 feet tall, shall be protected by an approved, supervised automatic fire sprinkler system, to be installed not later than Dec. 31, 2019. There are exceptions for certain buildings, including those that have an approved engineered life safety system (such as a partial sprinkler system along with compartmentalization, smoke detection and control, and other similar systems).

The Condominium Act has, for many years, provided that the members of an association may, by majority vote, opt out of this requirement. The statute (Section 718.112) says that, by “Dec. 31, 2016, a residential condominium association that is not in compliance with the requirements for a fire sprinkler system and has not voted to forgo retrofitting of such a system” must become compliant by the 2019 deadline. That seems simple enough. (Note that in 2019 the FL legislature extended the deadline to January 1, 2024)

The problem is that, at one point, the statute expressly referred to high-rise condominiums, and that language was removed. The Florida Department of Business and Professional Regulation has recently taken the position that the removal of the “high rise” language effectively applied the Fire Prevention Code sprinkler requirements to all condominiums, regardless of height. This has caused a panic among low-rise condominium properties, which had never considered they might be obligated to retrofit their properties. A minority of association attorneys have agreed with the DBPR, and are advising their low-rise clients that they should conduct opt-out votes so they are not subject to the sprinkler requirements.

The Florida Fire Sprinkler Association Inc. and the American Fire Sprinkler Association’s Florida chapter have recently released a statement that strongly disagrees with the DBPR’s interpretation of the law. They point out that no state sprinkler retrofit requirement for mid-and low-rise condominiums exists, anywhere. The only state code requirement, by its own definition, relates exclusively to high-rise properties.

No other state law or statute, including the Condo Act, contains any sprinkler retrofit requirement. The Condo Act simply says that — notwithstanding any code, statute, ordinance, administrative rule or regulation — an association is not obligated to retrofit the common elements with a fire sprinkler system, if the members have voted to forgo that requirement. Importantly, it does not say the converse — that, absent an opt-out vote, a condominium must install a sprinkler system. That requirement is only found in the Fire Prevention Code, and the Fire Prevention Code only applies to high-rise buildings. Further, it makes sense that the high-rise language was removed from the Act. The opt-out provision in the Condo Act can be used not only to opt out of state laws, but also to opt out of local codes and ordinances.

While the state law has no mid- or low-rise sprinkler requirement, it is conceivable that a local code somewhere in Florida does require low-rise buildings to install full sprinkler systems — and if so, the statutory procedure can arguably be used to opt out of that requirement, as well. I am not aware of any such codes, but I do suggest that even low-rise condominiums check with their local fire marshal to ensure that no such requirement exists. Absent that, however, and accepting you can never predict how any individual judge interprets a law, it seems highly unlikely the language of the Condominium Act, by itself, could be interpreted to require low- or mid-rise condominiums to install sprinklers or fire safety systems.

Keep in mind, the position of the FFSA and the AFSA is against the interest of all fire sprinkler installers. Their members could make millions by supporting the DBPR interpretation of the Condominium Act. They are, to their credit, instead stating the most logical conclusion — that you can’t create a legal requirement that doesn’t exist by removing language from a statute that didn’t control the issue in the first place.

Ryan Poliakoff is a co-author of “New Neighborhoods - The Consumer’s Guide to Condominium, Co-Op and HOA Living” and a partner at Backer Aboud Poliakoff & Foelster, LLP.

Florida Statutes (Condos & HOAs)

Chapter 718 – Condominiums (The Condominium Act) – Members own their unit and an undivided share in the common elements.

  • Part I –  General Provisions
  • Part II –  Rights & Obligations of Developers
  • Part III –  Rights & Obligations of Association
  • Part IV –  Special Types of Condominiums (leasehold estate, conversion & adding phases)
  • Part V –  Establishes regulation by the Division of FL Condominiums, Timeshares & Mobile Homes
  • Parts VI & VII – Addresses developer rights, responsibilities and regulatory oversight in special circumstances.

Chapter 719 – Co-Ops – Association owns all property (everything) and members have an ownership interest (i.e. a lease to use unit/property.

Chapter 720 – Homeowners Associations – Members own their homes and the association owns common property.

Chapter 721 – Timeshares – Members own a portion of their unit (i.e. for a time period less than a full year).

Other Applicable Florida Statutes

Chapter 119
— Public Records (Open inspection of records at all reasonable times)
Chapter 120
— Administrative Procedure Act (Sets standards for state agencies & their authorities)
Chapter 399
— Elevator Safety
Chapter 482
— Pest Control
Chapter 493
— Private Security Services (ss. 493.6301 - 493.6305)
Chapter 509
— Regulation of Resort Condominiums (Rented to public more than 3 times per year for periods of less than a month.)
Chapter 514
— Operation & Control of Public Pools (Pool operation requires valid permit from Department, which is renewed annually.)
Chapter 715
— Vehicle Towing
Chapter 760
— Fair Housing Act (Covers race, color, religion, gender, national origin, age, handicapped [including AIDS/HIV], or marital/familial status)

Applicable Florida Administrative Code

  • Chapters 61B-15 through 61B-24 -- Forms/definitions, filings, documents, developer obligations, penalties, resolution guidelines, financial, the Association, conversion & mediation.
  • Chapter 61B-45 -- Non-binding arbitration rules.
  • Chapter 61B-50 -- Recall arbitration rules.

Florida Statutes Amend Estoppel Certificate Requirements

Senate Bill 398 enacted into law in 2017 significantly amended Florida statute 718.116, effective July 1, 2017, regarding Estoppel Certificates:

  • Associations have 10 business days (previously 15 days) to issue an estoppel certificate after receiving a written or electronic request. If not delivered within 10 business days, a fee may not be charged for preparing and delivering the certificate.
  • Associations must designate on their website a person or entity with a street or e-mail address for receipt of an estoppel request.
  • Estoppel certificates must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the certificate.
  • Estoppel certificates must be completed by a board member, authorized agent or representative of the association, or the management company.
  • Estoppel certificates that are hand delivered or sent by electronic mail have a 30-day effective period; estoppel certificates sent by regular mail have a 35-day effective period.
  • Associations can amend estoppel certificates within the 30- or 35-day period and, upon issuance of an amended estoppel certificate, a new 30- or 35-day effective period starts. Associations may not charge a fee for amended estoppel certificates.
  • Associations waive the right to collect any money owed in excess of the amount specified in an estoppel certificate from any person who in good faith relies upon the estoppel certificate.
  • Associations may not charge more than $250 for the preparation and delivery of an estoppel certificate if, on the date of issuance, no delinquent amounts are owed to the Association. If delinquent amounts are owed, an additional fee of up to $150 may be charged. An association is not prohibited from requiring the fee for an estoppel certificate to be paid prior to the closing of the real estate transaction.
  • An expedited fee of up to $100 may be charged if an estoppel requestor asks for an estoppel certificate to be delivered within 3 business days.
  • If a title agent prepays an estoppel fee and the closing does not occur, the association must refund the estoppel fee to the title agent upon written request made within 30 days after the planned closing date and reasonable documentation that the closing did not occur. The association has 30 days after receipt of the refund request to reimburse the title agent.  The right to reimbursement may not be waived or modified by any agreement.
  • Every 5 years, the fees specified above will be adjusted by the Department of Business and Professional Regulation and posted on its website.

The amendments also outline the information that must be included on estoppel certificates. This information is provided via this website’s FL Statute 718 Legislative Changes 2017 Link.

Amendments to Declaration Paragraph 10.4 Passed on 6/25/21

Proposed amendment to Paragraph 10.4 (Loud Vehicles or Machines), renamed "Vehicle Restrictions", received the required 75% owner vote and passed.  Adjournment of the April 15th Owners' Meeting was delayed until June 25th, when sufficient votes for the Limited Proxy were obtained.

Following is the full text of the amendment, and below are issues with it: Declaration Amendment to 10.4

Issues with Amendments to Declaration Paragraph 10.4

The Amendments to Paragraph 10.4 (Vehicle Restrictions) of the Association’s Declaration gives the Board unlimited authority to allow most owner, renter and lessee trucks and passenger vans to park anywhere on Jupiter Bay property.  This Amendment bypasses unit owner review and approval of each individual Board action.

Specific issues supporting this “unlimited authority” premise are as follows:

  1. Section 1 (Permitted and Prohibited Vehicles). Provisions (a) and (b) describe in detail characteristics that determine whether vehicles are acceptable or unacceptable for driving and parking on Jupiter Bay property. However, without a detailed vehicle review and approval procedure, the Association will not be able to avoid selective enforcement. Everyone knows what a pickup truck is, and our official rules and procedures do not issue parking permits for pickup trucks. Who will inspect every resident truck that comes onto the property and determine whether a parking permit is issued – office personal, board members, or someone else?
  1.  Section 1, provision (f) allows the Board to adopt and amend additional rules and regulations addressing:
    • (i)   Parking on the street,
    • (ii)  The requirement of parking decals or other bar codes,
    • (iii) Fees associated with the issuance of decals, and
    • (iv)  Traffic safety rules.

    The Board should never be able to allow street parking, which is exclusively for the ingress and egress of vehicles, nor should the Board be able to set unspecified and unlimited fees for parking decals.

  1. Section 2 (Parking Area Restrictions and Exceptions), provision (a) has several major issues:
    • (i)   Does not clarify number of East and Villas truck parking spaces. Is it 3 total per area or 3 per building (24 total)? If 24 spaces, this would mean that 42 resident trucks could legally park at Jupiter Bay.
    • (ii)  Provides for overflow truck parking in the Jupiter Bay East long-term parking area effectively allowing an unlimited number of additional trucks to park on Association property.
    • (iii) Allows the Board to increase the number of truck parking spaces per building without owner input. This could allow unlimited truck parking anywhere on Association property.
  1. Section 2, provision (b) grants the Board permission to utilize additional Association common areas for restaurant parking, providing that Jupiter Bay resident and guest parking is “not materially affected”. The Board should not have authority to grant non-resident use of association common property, and the parking lots are common elements as described in the Declaration (see adjacent article).

Due to the above issues, Jupiter Bay owners should have rejected these proposed amendments to paragraph 10.4 of the Association’s Declaration.

My Proposed Jupiter Bay Declaration Changes

The Association’s eight Declarations have not changed appreciably since 2003, when the West C building approved changes to its Declaration to add rental restrictions. Most recently, the addition of a bocce ball court caused a minor update to Article 3, Section 3.6(c) of all eight Declarations, and relaxed vehicle restrictions caused updates to Section 10.4 of the Declarations. There are several additional changes that I believe need to be made to the Association's Declarations as well as consideration for a few other changes that have been proposed by owners.

The first eight proposed changes below would apply to all eight declarations and would require approval by 270 (75%) affirmative votes of the entire membership. The last two changes, rental terms and transfer fees, would apply to specific associations, requiring 75% affirmative vote of owners of the particular Association (102 votes for JB East and 24 votes for all others).

1. Bocce Ball Court – Owners have already approved a change to all eight declarations to include a bocce ball court in the Commonly Used Facilities section of the declarations. This change also needs to be made in the Recreational Facilities section, and both changes need to be recorded in Palm Beach County.

2. Recreation Facility – Article 5 of the declarations describes two recreation facilities:

  • Restaurant, swimming pool and tennis club and
  • Second pool, cabana, bath, and 2 tennis courts.

This article should be bifurcated into three sections: Restaurant & Tennis Club (5.1), West Recreation Facility (5.2) and East Recreation Facility (5.3). The West swimming pool should be reclassified as a common element with the West pool cabana, restroom and spa included; the Tennis Club’s number of courts should be updated to seven (7); and the sentence describing unit owner membership fees for joining the Restaurant & Tennis Club should be deleted.

3. Consent to Action – Although the “Consent to Action” process appears to be an acceptable means of amending an association’s governing documents according to the Florida Not-for-profit Corporations Statute, it is not included in the Amendment Resolution section of our declarations. I believe that it needs to be explicitly included.

4. Defense of Foreclosure – Because the Association’s declarations had no provision for us to charge attorney fees to the owner of a unit in foreclosure who was current in her quarterly assessments, we were ordered (via mediation) to pay the owner $20,287 in legal fees and $10,750 in settlement fees. Had this provision been contained in article 7 (Assessments) of our declarations, the Association would have saved considerable money. This provision needs to be added to all eight declarations.

5. Owner Insurance Requirements – In May 18, 2004 the Association recorded rule #39, requiring all unit owners to have homeowner's insurance and to provide the Association a copy of their certificate of insurance. This rule was created in response to FL statute 718.111(11), effective 1/01/04.  However, this statute has since been changed, no longer requiring homeowner's insurance.

6. Unenforceable Provisions – The Arbitrator Ruling of August 26, 2002 prohibited the Association from enforcing the 1991, 1995, 1999 and 2001 amendments. These amendments have never been officially rescinded.

7. Pet Control – The section of our declarations containing use restrictions regarding pets (Section 10.4) needs to limit the number of domestic household pets allowed and to exclude the weight limit restriction for service and emotional support animals.

8. Vehicle Restrictions – The amendment to paragraph 10.4 (Vehicle Restrictions), recorded on June 30, 2021, is very poorly written and needs to be revised with clearer language. The "loud & noisy" vehicle restriction was erroneously removed and needs to be added back. Also, some of the paragraph's content needs to be removed and incorporated into the Rules & Regulations document.

9. Rental Terms – Seven of the eight association declarations, the exception being West C, place no restrictions on rentals. This leads to a more transient population and increases the Association’s insurance costs. I propose that we give the seven other associations opportunity to vote on a set of restrictions like those in the West C Declaration.

10. Transfer Fees – The West C Association charges a $100 transfer fee for the sale of a unit and a $75 processing fee for the lease of a unit. The Association expends considerable time and resources processing leases, issuing parking passes, and responding to tenant questions/issues. Consequently, many or most owners support this fee. However, there is the concern that a transfer fee implies the Association’s ability to approve or deny lease applications based on rule violations, owner delinquencies, background checks, etc. Regardless, I believe that it is important that all declarations require this fee to offset costs and provide additional income from sources other than owner assessments. I propose that we utilize language similar to the West C declaration for this amendment.


Jupiter Bay's Governing Documents & Amendments

Following are all Jupiter Bay Governing Documents and Amendments recorded in the Official Records of Palm Beach County over the past 36 years. Date recorded, applicable association, document type, book number, and page number are shown for each document. For all but the original Declarations, amendment details are presented. Since the 8/26/02 Arbitrator Ruling prohibits enforcement of 4 of the amendments, its conclusions are listed as well.
Documents are listed by date range beginning with the Association's founding in 1983. All relevant document types are included: CND (declaration of condominium), CND A (declaration of condominium amended), NOT (notice) and RES (restrictions). My notes, where applicable, are shown in red.
2021
2004-2020
2000-2003
1991-1999
1987-1990
1983-1986
Date Recorded Association Type, Book & Page

Declaration Purpose

6/30/21

All

CND A, 32642, Pg. 1226

Paragraph 10.4 of the Declaration (Loud Vehicles and Machines) is renamed and replaced with the following:

10.4 Vehicle Restrictions.

1. The following applies to vehicles in/on the Jupiter Bay Condominium Property, which includes the parking areas for the restaurant and tennis courts:

(a)  Permitted Vehicles: ONLY passenger automobiles, including pick-up trucks as limited herein, may park within the Jupiter Bay Condominium Property. Sport utility vehicles (defined for the purposes of this rule as private passenger vehicles which are primarily designed and used for non-commercial purposes, such as Jeep Cherokees and Ford Explorers) are permitted.

(b)  Prohibited Vehicles: Without limiting the general provisions set forth above, the following types of vehicles WILL NOT be permitted to park within the Jupiter Bay Condominium Property, except as provided by sub-paragraph (c) and paragraphs 2 (a) and (b) below:

  • Commercial vehicles of any type, The term "commercial vehicle" means trucks and other vehicles which are used for business purposes including, but not limited to, any vehicle which displays a company name or logo on its exterior, is adorned with signs, flags, advertisements or any type of lettering or graphic of a commercial nature or any vehicle with racks, ladders, staging, or other equipment or attachments of a commercial nature, including supplies used for commercial purposes, on or visible in the vehicle.
  • Non-passenger vans (defined for the purpose of this provision as vans without windows on all body panels). Private passenger vans with windows on all body panels are permitted,
  • Motorcycles, scooters, or other two-wheeled motorized vehicles,
  • Limousines or "stretch" limousines,
  • Pick-up trucks that: are more than one-half (1/2) ton capacity, have a Gross Vehicle Weight Rating of 7,800 pounds or greater, have four wheels on the rear axle (sometimes referred to as a “dually”) contain cargo or contains personal property in the truck bed, have enhanced exhaust pipes or noise, have a diesel engine, or have been modified to have a lifted chassis.
  • Agricultural vehicles,
  • Dune buggies,
  • Any trailer or other device transportable by vehicular towing,
  • Semis, tractors, or tractor trailers,
  • Buses,
  • Travel trailers,
  • Boats and boat trailers with or without boats,
  • Vehicles which are not fully mechanically operable or not currently licensed for use, vehicles that are noisy, unsightly or "junkers," or which have flat or missing tires,
  • Motorcycle delivery wagons,
  • Recreational vehicles, which shall include vehicles as defined in section 320.0l(l)(b), Florida Statutes (2018).
  • Mobile homes or mobile houses,
  • Motor homes or motor houses,
  • Motor vehicles not having any bodies whatever, or incomplete buggies,
  • Swamp buggies,
  • Passenger automobiles that have been converted for racing.

(c) While engaged in making deliveries or service calls, trucks and other commercial vehicles, including delivery trucks to the commercial restaurant, may be parked in designated areas for short periods to perform the delivery or service, but not shall not park overnight.

(d) All vehicles parked within the Jupiter Bay condominium property contrary to the provisions contained herein shall be subject to being towed in accordance with Section 715.07, Florida Statutes, as amended from time to time, or place a "boot" to immobilize the unauthorized vehicle at the expense of the owner of the vehicle. Towing or booting shall not be the exclusive remedy of the Association.

(e) Notwithstanding anything herein to the contrary, but subject to sub-paragraph (c) above, no vehicle or other device shall be permitted to park within the Jupiter Bay condominium property for other than delivery purposes, if its dimensions exceed the dimensions of the parking space assigned or designated.

(f) The Board may adopt and amend additional rules and regulations with regard to the parking of permissible vehicles not inconsistent with the Declaration, including, but not limited to, rules and regulations addressing parking on the street, the requirement of parking decals or other bar codes, fees associated with the issuance of decals, and traffic safety rules.

2. Parking Area Restrictions and Exceptions. The following shall apply with to limitations on parking of permitted trucks and which shall be limited to parking in permitted and specific parking spots on a first come first serve basis; provided, however, the limitations shall not apply to parking if the vehicle has a handicap/disability parking permit.

(a) Permitted trucks shall be restricted to park in three spots per building available on a first-come first-park basis which shall be designated from time to time by the Board of Directors or may alternatively promulgate a rule to increase the number of spots per building which shall be approved by at least a majority vote of the entire Board. Additional truck parking shall be permitted in overflow truck parking areas designated as the Jupiter Bay East long-term parking area.

(b) Patrons, employees, and staff of the commercial restaurant parcel are exempt from the truck restrictions and motorcycle restrictions stated herein when parking in the leased parking lot areas and specific common element areas as may be designated as additional parking pursuant to a lease. The Board of Directors shall have the affirmative obligation to use its best efforts to maintain adequate parking for the commercial restaurant parcel as necessary from time to time; provided, however, any additional parking or rules and regulations regarding additional parking for the commercial parcel shall not materially affect the parking of owners, guests, tenants, or invitees of the Condominium.

Date Recorded Association Type, Book & Page

Declaration Purpose

5/18/04

All & West C Specifically

CND A, 16978, Pg. 759

The following rule 36, as amended, replaces prior rule 36: (This rule contradicts and essentially eliminates rental restrictions imposed by Bylaw 5(u). It brings the Association’s rules into conformity with the 2002 Arbitrator Ruling.)

  • A unit may be leased providing that the occupancy is only by the lessees and their guests.
  • A one-bedroom unit is limited to occupancy by four persons and a two-bedroom unit is limited to occupancy by six persons.
  • Leases must be submitted in writing and filed with the Association not less than three business days in advance of the intended occupancy.
  • Tenants must complete a Registration Form at the Management Office no later than the conclusion of the first business day following the initial date of occupancy.
  • Guests of an owner, unless they are in residence with the owner or our immediate family members of the owner, must complete a Guest Registration form at the Management Office no later than the conclusion of the first business day following the initial date of occupancy. The unit owner must confirm guest status to the Management Office prior to occupancy of the unit.
  • Parking permits for lessees and guests will be issued by the Management Office at the time of registration. Guest in residence with the owner or immediate family members of the owners should, upon arrival, obtain a parking permit from the Management Office.

The following rule 36A (Application Process for Sell or Lease) was adopted for West Building “C” and shall apply to any other condominium that subsequently approves the declaration amendment that was approved on February 7, 2003:

  • A unit may be leased provided that the occupancy is only by the lessees and their guests. A one-bedroom unit is limited to occupancy by four persons and a two-bedroom unit is limited to occupancy by six persons.
  • An application form, completed and signed by the applicants must be submitted to the management office for approval seven (7) days prior to occupancy, together with a copy of the original lease or sales contract.
  • Leasing or renting of a condominium unit by a unit owner is permitted only if the lease period is for at least thirty (30) days or one calendar month, whichever is less. In addition, a unit owner is permitted to lease or rent his or her unit a maximum of three (3) times per calendar year for a lease period of at least ten (10) days during the holidays of Thanksgiving, Christmas and Easter (any such ten-day lease period must include either Thanksgiving, Christmas Day, or Easter Sunday).
  • All applicants for sell or lease of any other transfer of the interest in a unit must be reviewed and approved in advance, in writing by the Association.
  • The Association shall collect a transfer fee, which shall be an amount determined by the board from time to time, in accordance with applicable law. A $100.00 transfer fee is required for the sell the unit and a non-refundable processing fee of $75.00 is required for the lease of a unit. All tenants, including returning tenants unless they are occupying pursuant to a renewal right in a previously approved lease, are required to file a rental application form and pay the $75.00 processing fee.
  • Applications for leases will not be approved if there are any current violations of the governing documents or rules related to such unit or if an owner is more than ten (10) days delinquent in the payment of maintenance fees, assessments, or fines. Moreover, applications for leases will not be approved if there are reasonable grounds to believe that the proposed lessee would not likely be able to meet the obligations of the lease or that the proposed lessee or guests pose a risk to the community.
  • A new owner must furnish a copy of the executed deed to the secretary of the Association in care of the management office.
  • Guess of owner, unless they are in residence with the owner, or are immediate family members of the owner, are required to pay a $25.00 processing fee. Residents who claim “Guest of Owner” status will not be processed by the management office until confirmation has been received from the unit owner.

The following rule 39 is added to the rules:

Effective January 1, 2004, the Florida statutes, section 718. 111(11), requires every condominium unit owner to have insurance for all real or personal property located within the boundaries of the unit owner’s unit that is excluded from the Association’s policy. And in keeping with the new law, all unit owner policies are to provide:

  1. A mandatory certificate of insurance being sent to the Association by the insurer.
  2. A mandatory 30-day (30) advance notice being sent to the Association as to any change or cancellation of the policy.

Regardless of the language in the declaration, the Association coverage must exclude floor, wall and ceiling coverings, electrical fixtures, appliances, air conditioning or heating equipment, water heaters, water filters, built-in cabinets, countertops, and window treatments, located within the boundaries of the unit and serving only one unit, and all air-conditioning compressors, regardless of location, that service only an individual unit.

(Note that FL Statutes no longer require condo unit owners to carry property insurance for their unit and its contents. Therefore, this added Rule 39 is unenforceable.)

12/05/16

All

NOT, 28747, Pg. 0010

Records the voting, by execution of a written consent, to opt out of the fire sprinkler retrofit requirements of FL Statute 718.112(2)(l). All eight (8) of the Jupiter Bay Condominium Associations obtained a majority vote to opt-out of the fire sprinkler requirement. (Note that there is some ambiguity as to whether this statute applies only to high-rise (over 75 feet) buildings of which Jupiter Bay has none.)

Date Recorded Association Type, Book & Page

Declaration Purpose

12/21/00

All

NOT, 12211, Pg. 1143

Records in PBC an updated set of Rules and Regulations dated October 1, 2000. These rules address the following 9 areas:

  • Rule #20: Trash & Recyclables
  • Rule #29: Allowed Vehicles
  • Rule #32: Pets
  • Rule #33: Parking Permits
  • Rule #34: Skating on Property
  • Rule #35: Wildlife
  • Rule #36: Application Process for Sale or Lease
  • Rule #37: Unit D-105 East for Meetings, Card Games or Private Functions
  • Rule #38: Inspection of Records

12/19/01

All

CND A, 13217, Pg. 1274

For all associations, amends Article 5(u) of the Bylaws, eliminating holiday rental exceptions to the lease terms. (Note that the 8/26/02 arbitrator ruling prohibits the Association from enforcing this amendment)

08/26/02

All

-----

Arbitrator Ruling.

The arbitrator ruled that the Association is prohibited from enforcing the 1991, 1995, 1999 and 2001 amendments (shown above). Specifically, the arbitrator determined the following:

1.       Minimum 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.

2.      Occupancy 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.

3.      Approval 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.

4.      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.

5.      Transfer Fees: The association cannot charge a transfer fee or a "processing fee".

2/28/03

West C

CND A, 14856, Pg. 1483

Amends Section 10.1 (units use, leasing and sales) of the Declaration of Condominium of Jupiter Bay Three (West C Building) as follows:

  • Each of the units shall be occupied only by the record owner or owners of the units, their guests, lessees, and servants as a residence and for no other purpose.
  • A one-bedroom unit is limited to occupancy by four persons, and a two-bedroom unit is limited to occupancy by six persons.
  • No unit may be divided or subdivided into smaller units, nor any portion sold or otherwise transferred without amending this declaration to show the changes in the units to be affected.
  • Leasing or renting of a condominium unit by a Unit Owner is permitted only if the lease period is for at least 30 days or one calendar month, whichever is less. In addition, a Unit Owner is permitted to lease or rent his or her unit a maximum of three times per calendar year for a lease period of at least ten days during the holidays of Thanksgiving, Christmas, or Easter (any such 10-day lease period must include either Thanksgiving Day, Christmas Day, or Easter Sunday).
  • The Association shall have the right to approve or disapprove any lease, sell, or otherwise transfer of a unit (other than transfers to the first mortgage lender by way of foreclosure sale or deed in lieu of foreclosure).
  • The Association may charge a reasonable application fee related to the processing of any lease, sell or other transfer of a unit, or the use of the unit by a guest of the owner in the owner’s absence.
Date Recorded Association Type, Book & Page

Declaration Purpose

1/10/91

All

CND A, 6697, Pg. 884

Amends Article 3.6 (Proxies) of the Bylaws. Deletes the following: “Holders of proxies need not be unit owners, but no person other than a designee of the Developer may hold more than five (5) proxies” and replaces it with “There shall be no limit on the number of proxies a person may hold”. (Note that the 8/26/02 arbitrator ruling prohibits the Association from enforcing this amendment)

9/13/93

All

CND A, 7883, Pg. 663

Amends Article 9.4(g) of the Bylaws, changing the dates when annual budgets, for both Class A (association/building) and Class B (common) expenses, are to be completed and transmitted to unit owners. The budget due dates were changed from September 1st to December 1st.

3/01/95

All

CND A, 8638, Pg. 1517

Amends Article 5 of the Bylaws, adding 5(u) rental restrictions as follows: (Note that this change should have been made to Section 10.1 of the Declaration. Regardless, the 8/26/02 arbitrator ruling prohibits the Association from enforcing this amendment)

  • The Board of Directors shall have the power to promulgate rules and regulations concerning the leasing of units.
  • A unit may be leased provided that the occupancy is only by the lessees and their guests. A one-bedroom unit is limited to occupancy by four persons and a two-bedroom unit is limited to occupancy by six persons.
  • The terms of each lease shall be for a period of not less than one month. If the term of each lease begins other than the first of the month, the minimum rental period shall be for four consecutive weeks. Exceptions to the minimum rental period will be allowed during the holidays of Thanksgiving, Christmas, and Easter. During the holidays, the term of each lease shall be for a period of not less than ten consecutive days providing that the rental period must include the holiday of Thanksgiving Day, Christmas Day, or Easter Sunday.
  • All applicants for sale or lease or any other transfer of an interest in a unit must be reviewed and approved in advance, in writing by the Association. The Association shall collect a transfer fee, which shall be an amount determined by the board, from time to time, in accordance with applicable law.
  • The approval process shall include, but not be limited to, requiring submission, in a timely manner of applications for all transfers and leases prior to the planned transfer or unit occupancy and agreement by the lessee or grantee to adhere to all rules and regulations of the Association.

1/25/99

All

CND A, 10891, Pg. 1643

Amends Article 5(u) of the Bylaws, changing the lease terms to “a period of not less than one calendar month or 30 days whichever is less.” (Note that the 8/26/02 arbitrator ruling prohibits the Association from enforcing this amendment)

6/30/99

All

CND A, 11203, Pg. 118

Amends Article 12.2 (Resolution) of the Bylaws of the Association and Article 12.2 (Adoption) of the Articles of Incorporation of the Association.

After control of the Association has been turned over to Unit Owners, both require a resolution for the adoption of a proposed amendment to be approved by not less than 80% of the votes of all the Members of the Association represented at a meeting at which a quorum has been attained.

Date Recorded Association Type, Book & Page

Declaration Purpose

1/07/88

All

NOT, 10172, Pg. 1412

Amends Article 9.5 (Assessments) of the Bylaws, requiring assessments to be paid on or before December 31st in 4 equal installments on the first day of January, April, July, and October of the calendar year.

11/18/88

East

CND, 5877, Pg. 1086

Establishes East Condominiums

1/24/90

East

CND A, 6333, Pg. 70

Adds an additional phase to Jupiter Bay East (Phase 2 – Building C). The Amendment adds additional land and improvements, making each owner share of the Common Elements, Common Expenses and Common Surplus equal to 1/120.

5/24/90

East

CND A, 6464, Pg. 208

Adds an additional phase to Jupiter Bay East (Phase 3 – Building D). The Amendment adds additional land and improvements, making each owner share of the Common Elements, Common Expenses and Common Surplus equal to 1/135.

6/29/90

East

CND A, 6504, Pg. 926

Designates D Building’s Unit 105 as Common Area and Unit D-104 as a condominium unit, amending the original floor plans.

Date Recorded Association Type, Book & Page

Declaration Purpose

2/01/83

West A

CND, 3873, Pg. 516

Establishes West "A" Condominium

3/02/83

West B

CND, 3892, Pg. 129

Establishes West "B" Condominium

12/28/83

West C

CND, 4119, Pg. 9

Establishes West "C" Condominium

4/30/84

Villas

CND, 4225, Pg. 1689

Establishes the Plantation Villas

2/04/85

West D

CND, 4459, Pg. 1785

Establishes West "D" Condominium

4/10/85

West D

RES, 4514, Pg. 74

Amends Declaration Paragraph 3.6 (Improvements – General Description): Changes the numbering of units on the second and fourth floors as follows:

Prior Unit # New Unit # Prior Unit # New Unit #
201 202 401 402
202 203 402 403
203 204 403 404
204 207 404 407
205 208 405 408
206 209 406 409

10/01/85

Villas

RES, 4666, Pg. 1798

Amends Declaration Paragraph 3.6 (Improvements – General Description): Changes Units 1 & 5 to B type and Units 2 & 6 to A type in each of the 4 Buildings.

2/18/86

West E

CND, 4795, Pg. 672

Establishes West "E" Condominium

3/20/86

West E

CND A, 4825, Pg. 1273

Amends Declaration Paragraph 3.6 (Improvements – General Description): Changes designation of unit numbers for consistency with the West D building.

3/28/86

West F

CND, 4831, Pg. 1655

Establishes West "F" Condominium

5/27/86

Clubhouse & Tennis Courts

NOT, 4888, Pg. 1650

Memorandum of LEASE between:

  • The Marrano Corp of FL and Marc-Equity of FL (the Lessor), and
  • Jupiter Resorts, Inc. and the Jupiter Bay Condominium Association, Inc. (the Lessee).

The Lease is for two parcels of land situated in the town of Jupiter, County of Palm Beach, State of Florida:

  • Parcel 1, a 1.964-acre parcel of land containing a Clubhouse, and
  • Parcel 2, a 2.095-acre parcel of land containing Tennis Courts.

The term of said lease is ninety-nine (99) years, commencing on November 1, 1982, and ending upon October 31, 2081.