Jupiter Bay News

The following email was sent to Jupiter Bay's Board of Directors on 4/10/24 regarding a vote to be taken at the 4/11/24 Board Meeting to begin East C building concrete remediation in May.

Jupiter Bay Board,

Following is my FL Statute 553.899 summary and my concerns regarding the Board’s proposed approval of “Concrete Remediation for C East” at the April 11, 2024, Board Meeting.

1. FL Statute 553.899(2)(a) defines a Milestone Inspection as:
   • Attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible,
   • Determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building.

2. Upon completion of a milestone inspection, the engineer who performed the inspection must submit to the association a report which:
   • Identifies any substantial structural deterioration, describes the extent of such deterioration, and recommends repairs for such deterioration.
   • States whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.
   • Recommends any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.

3. FL Statute 553.899(2)(b) defines “Substantial Structural Deterioration” as:
   • Substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity.
   • The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless it is determined that such surface imperfections are a sign of substantial structural deterioration.

4. I read nothing in this statute that requires minor surface imperfections to be immediately addressed, particularly ahead of more serious issues in buildings other than East C.

5. It is not clear to me whether the Association has completed a milestone inspection and what this inspection reveals. Yet the Board is proposing to proceed full speed ahead with repairs to a single East building, which may not be the one with the most serious issues. I have not received the required unit owner notification.

6. The Board is seeking approval for a major $857,555 project that has not been funded. I do not believe that this decision can be made without unit owners knowing the financial impact of the decision – i.e., what will each East owner have to pay and how is it to be paid?  If a special assessment, how much and when? What will remaining repair work (for other buildings) cost and when will it be funded?

7. Since approval of this item requires a special assessment, Florida statutes require a two-week notice with discussion document sent in advance.

8. What is the basis for selecting the East C building over the other buildings? The last report disclosed to Jupiter Bay Homeowners was Swaysland’s December 2020 inspection report showing only one East unit having severe damage, and it was in the East B building.

9. The recommended Daniello bid does not address which units will be repaired and the extent of their damage. Yet it replaces screens and frames for all East C units regardless of whether they have repairs.

10. In their bid, Daniello shows that some existing structures must be replaced. How does Daniello know how many hurricane shutters to remove/reinstall and how many sliding glass doors to remove/reinstall?

11. Wouldn’t it be important to first notify unit owners of whether their unit is to be repaired and owner impact? What is the implication of an owner having a glass enclosed balcony or tile flooring?

12. Instead of addressing repairs building-by-building, why not remediate the most severe units, then the moderate ones, etc. This approach would address the most serious issues first, improving our compliance with the statute.

Regards,

Paul St. Clair, LCAM

An updated analysis of Jupiter Bay's finances over the past 14 years was recently added to the "Financial" page of this website.

The analysis looks at the Association's budgets, revenue, expenses, reserves and maintenance fees over this period graphically showing changes and commenting on the rationale and impact.

At a special meeting of Jupiter Bay’s Board of Directors, held on January 12, 2023, a resolution was unanimously adopted imposing a $25.00 fee per parking permit issued. This fee will help pay for the Association’s “extensive amount of time and attention required to receive requests for parking permits and issuing these permits.”

The new fee, effective on the meeting’s date, will apply to all new parking permits issued, whether for tenant or owner. Current owner window stickers and new owner placards are excluded from this fee.

The parking permit issuance fee is like other administrative fees authorized by Florida statutes. Florida statute 718.116(8) says that “an association may charge a reasonable fee for the preparation and delivery of an estoppel certificate, with the authority to charge a fee established by a written resolution adopted by the board.” The Association’s attorney chose to use the same resolution instrument to establish this parking pass fee.

The fee is authorized by the 6/25/21 Vehicle Restrictions amendment to the Association’s Declaration paragraph 10.4, section 1(f) which says, “The Board may adopt and amend additional rules and regulations with regard to the parking of permissible vehicles not inconsistent with the Declaration, including, fees associated with the issuance of decals.”

It is also consistent with the 8/26/02 Arbitrator Ruling and the Association’s Bylaw paragraph 9.9 which says, “Charges for other than Common Expenses may be made when expressly provided for in the Declaration or the Exhibits attached thereto, including, without limitation, charges for services furnished for the benefit of an Owner.” This would include services for tenants who inherit many owner rights and obligations (e.g., rule/regulation adherence) when a unit is leased.

The Association incurs significant cost and no direct benefit from registering new owners, processing leases, and issuing parking passes. Since these tasks and associated costs are specific to certain individuals, they should not be considered “common” expenses and need to be charged back to the specific individuals requiring these administrative services. The fee is needed and will significantly benefit the Association. According to the Association’s President, with 2,000 to 3,000 parking passes issued each year, it could generate substantial income, offsetting administrative costs.

Several items regarding the way in which this board meeting and resolution was conducted could have been improved:

• Although noticed as a special meeting and involving rule/regulation changes, the Association did not adhere to the required 14-day notice requirement. Per FL Statute 718.112(2)(c)1., “Written notice of a meeting at which an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.”

• The resolution did not specify the rule/regulation paragraph to be added or amended. Likewise, an updated set of rules/regulations need to be published, and recorded with the County, reflecting this change.

In summary, the Board is to be recognized for finally addressing this important issue.

Ryan Poliakoff is an attorney who publishes a weekly article in the Palm Beach Post.  Following is my question to Ryan and his answer published in the 9/18/22 Sunday paper:

Question: We are a multi-condominium association comprised of eight individual associations. Six of the eight individual associations consist of similar buildings, each with 32 units. These six associations are considering combining into one association. If we were to bring their reserves, fund balances and maintenance fees into synchronization (i.e., same values), what would it take to combine them? They all share the same bylaws. All six declarations of condominium are very similar or could be made similar, and it takes a 75% owner vote to amend them. Condo law suggests that the associations could be combined with less than 100% owner vote, but since their proportional share of common expense would change, would that dictate 100% approval of all 192 owners? Their declarations don’t appear to define voting interest approvals for changing the proportions or percentages by which owners share common expenses. Signed, P.S.

Dear P.S., You use the term “association” in several different ways in your question, but what I think you are saying is that there is one association (the corporate entity tasked with managing and maintaining the property) that governs eight individual condominiums. Six of the eight condominiums, which are largely identical, would like to combine into a single condominium so that they share expenses.

I do think, unfortunately, that would be practically impossible. As you pointed out elsewhere in your letter, Section 718.110, Fla. Stat. provides that no amendment to a declaration may (among other things) alter the appurtenances to the unit or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns common surplus without 100% approval of the owners of the units and all record lien holders.

That is unlikely to happen except in the smallest condominiums. You effectively would need to terminate five of the six condominiums and amend the declaration of the sixth to integrate all of the other properties and units.

Condominium common elements are owned jointly and severally by the individual unit owners, so you are not only changing that appurtenant ownership, but also the shares of the common expenses of all of the units. As such I think it triggers the 100% approval rule and any single holdout would prevent the merger. You are already a multi-condominium association, which in this situation I think is the best you can achieve, in terms of saving costs and operating expenses.

Ryan Poliakoff, a partner at Backer Aboud Poliakoff & Foelster, LLP, is a Board-Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.

Jupiter Bay currently has 8 associations: East, Villas, and each of the 6 West buildings. There is recent discussion regarding combining the 6 West associations into one. This would simplify our accounting structure, normalize fees, and provide larger combined reserves, reducing the financial impact of individual building repairs.

Financial consolidation of the 6 West buildings/associations requires addressing 1) quarterly maintenance fees, 2) operating accounts, 3) reserve accounts and 4) the Declarations of Condominium:

1. Since each building has the same number of units (32), averaging the 6 individual maintenance fees into a new fee would resolve the maintenance fee issue.

2. Differences between income and expense for each building produces negative or positive fund balances. These imbalances within the operating accounts need to be addressed so that all 6 buildings have the same (or zero) fund balance.

3. Reserve account balances need to be brought in synch, either at the individual account level or in aggregate. The simplest approach is to pick a single reserve account, such as concrete restoration/spalling, and add special assessment funds from each building into this account so that total reserve balances are equal. This would impose a financial burden on West buildings with low reserves.

4. Making the individual Declarations the same may be the most difficult task since one of the associations (West C) has different provisions than the others. West C building has the following unique terms:
   • Lease period of at least 30 days. 10-day exception for Thanksgiving, Christmas & Easter.
   • Maximum of 3 rentals per calendar year.
   • Transfer fees of $100 for sale of unit, $75 for lease, and $25 for guest of owner unless relative or owner present.

Also, there's the issue of obtaining the necessary number of unit-owner votes to approve the merger. Florida Statute 718.110(7) says: The declarations, bylaws, and common elements of two or more independent condominiums of a single complex may be merged to form a single condominium, upon the:

• Approval of such voting interest of each condominium as is required by the declaration for modifying the appurtenances to the units or changing the proportion or percentages by which the owners of the parcel share the common expenses and own the common surplus;
• Approval of all record owners of liens; and
• Recording of new or amended articles of incorporation, declarations, and bylaws.

Declarations for the Jupiter Bay West buildings don't define voting interest approvals for changing the proportions by which owners share common expenses.  Because of this, approval by 100% of the owners would probably be required. (See above posting.)

Considerable effort will be needed to address the 4 items listed above and obtain approval of unit owners in each building. These owners will need to agree to pay special assessments to bring their building into synch with other buildings which have higher (or zero) fund balances and higher reserve account balances. Secondly, West unit owners will need to accept, or agree to give up, rental restrictions that are in the West C Declaration.

Jupiter Bay has extremely lax rental policies. Besides requiring vehicle parking permits, the Association only restricts the size of pets, type of vehicles and number of unit occupants. Recent Declaration changes have further loosened vehicle restrictions, permitting additional rentals. Finally, except for West C building, no lease approvals nor transfer fees are required. This results in an environment where any individual, company, or agency can purchase any number of condominium units without Association oversight and rent these units for any number of days to anyone they choose, either directly or through any agency. The Association has no right to review or approve purchasers, tenants, or leases.

Because units are rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, Jupiter Bay is classified under Florida Statute 509 as a “Transient public lodging establishment”. This classification increases our liability insurance costs.

Current trends show that Jupiter Bay is becoming more of an investor/tenant transient community instead of a primary/secondary home community, and the number of investor-owned units has begun to exceed the number of non-rented units. Also, the average number of rentals per unit has increased and rental length has decreased, trending toward a hoteling community.

While investors are benefiting from this shift, primary/secondary homeowners are burdened with:

• • increased crime/vandalism,
  • additional maintenance and insurance expense,
  • extra utility cost (water, sewerage, and trash removal),
  • fewer board candidates, and
  • office staffing costs for processing leases and parking permits.

There are various measures that the Association can take to protect the community, reduce rentals, and/or compensate for the extra costs. Several of these measures would likely be accepted by the membership but others are more controversial. Following is a partial list of possible Declaration changes:

1. To avoid ownership for purely investment purposes, prohibit ownership by a corporation, limited liability company, partnership, trust, or other entity or company. Allow certain exceptions to ensure that owners can use these types of entities for their estate planning purposes, to ensure that the rights of mortgagees are not adversely affected, and to ensure the association still has the authority to purchase units because of foreclosure or in other appropriate circumstances.

2. Restrict the number of units that can be owned by a person or entity.

3. Bar owners from renting in the first few years of ownership.

4. Enforce the 2002 Arbitrator-approved requirement 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. As permitted under FL Statute 718.112(2)(i), charge a $100 per applicant, other than husband/wife or parent/dependent child, transfer fee for unit rentals and for unit purchase title transfers. Do not charge for renewal of a lease or sublease with the same lessee or sublessee.

6. Require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit will protect against damages to the common elements or association property.

7. Add restrictions on number of pets and noisy and raised-chassis cars.

8. Require association approval of transfers of title to units. Allow rejection based on “good cause,” such as the following:

• • A record of financial irresponsibility,
  • A guilty plea or conviction of a crime of moral turpitude,
  • A history of being a “bad tenant”,
  • A false statement on the application, and
  • Failure to comply with the board’s request for a personal interview.

9. Consider amendments to the declaration limiting leasing as follows:

• • Disallow renting or leasing of a unit for a 12-month period following the closing date (or date of recorded deed) of a sale of that unit.
  • Require leases to be for a minimum of 30 days or one month whichever is longer.
  • Restrict owners to a certain number of rentals or leases per calendar year.

Note that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of the amendment.

This "current investor" exception is limited to condominium associations. In 2021, the homeowner association's statute (F.S. 720) was amended to say that "governing documents that prohibit or regulate rental agreements for a term of less than 6 months or prohibit the rental of a parcel for more than three times in a calendar year shall apply to all parcel owners". (Current owners are not grandfathered.)

Licensed Florida Community Association Managers (CAMs) are responsible for assuring compliance with Florida statutes and the Association’s governing documents. They are to advise the Board regarding legal requirements for conducting Association business.

If a Board is unfamiliar with regulations and provisions of Florida law, further assistance and intervention by the licensed Property Manager may be required. These areas include Board Decisions, Proper Noticing and Official Records. Here’s a summary of the requirements:

• Board Decisions – All Board decisions must be made at a noticed board meeting open to all association members.

• Proper Noticing – An amendment to rules regarding unit use MUST be noticed at least 14 days before the meeting.

• Official Records – Most Association records are classified according to Florida Statutes as “Official Records” and are available to all owners for review and copying.

Recently, the owner of one of the agencies that rents units in Jupiter Bay sent an email to a large distribution of Jupiter Bay condo owners providing erroneous information regarding the Association’s Parking Pass Administrative Fee. Here are this individual’s comments followed (in red) by factual information refuting his false claims:

1. The Special Meeting according to Florida Statue 718.112, has to have a 14 Day Notification to the owners. The Notice put out to owners was only 2 Days.

Florida Statute 718.112(2)(c)1. Says that “Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting. The parking pass administrative fee doesn’t fully meet the requirement of “a rule amendment regarding unit use”.

2. JB Condo Doc's under 12.2 By-Law Resolution adoptions has two options and both options include the homeowners to vote, not just the Board.

The Board’s action on January 12^th was a rule change and not a bylaw amendment. Jupiter Bay’s Bylaw paragraph 9.9 already allows the Association to charge this fee. It says, “Charges for other than Common Expenses may be made when expressly provided for in the Declaration including, without limitation, charges for services furnished for the benefit of an [individual] Owner.” Paragraph 13 of our Bylaws say that the “The Board of Directors may, from time to time, modify, amend or add to such Rules and Regulations.”

3. State's Chapter 718.112 Rule has a Transfer Fee, (Administrative Fee) Rule, Condominium Associations that allow less than 30 Day Rentals in their Declarations. Then the Association has no Approval of Leases or Sales, they cannot charge a fee. The Associations that have a 30 day or more rental rules in their declarations can charge a Fee up to$150 to approve leases or sales. Notice the state has a maximum of $150 and JB has a $25 fee with no cap.

Florida Statute 718.112(2)(i) regarding Transfer Fees has nothing to do with the Association’s ability to charge a Parking Administrative Fee. Our ability to charge the Administrative Fee was authorized by the 6/25/21 Vehicle Restrictions amendment to the Association’s Declaration paragraph 10.4, section 1(f) which says, “The Board may adopt and amend additional rules and regulations with regard to the parking of permissible vehicles including fees associated with the issuance of decals (i.e., parking passes).”

4. The State of Florida's Arbitration Ruling in 2002 was null and void, making the 1991 Board's By-Law 5 (U) 30 Day Minimum Rental Rule invalid. It was in conflict with our Declaration's 10.1. The Jupiter Bay Arbitration Case # 02-4354, states that there can be no fee charged for less than 30 Day Rentals.

Neither Transfer Fee regulations nor 30-day rental rules have anything to do with Parking Pass Administrative Fees.

5. By-Law Rules #24 explains in detail how Owners, Guest of Owners and Owner's Tenants can receive a Parking Permit, with copies of their leases. No fee.

Association Rule #24 says that “Any vehicle that does not display an authorized parking permit is subject to towing after two warnings.” At a special meeting of Jupiter Bay’s Board of Directors, held on January 12, 2023, a resolution was unanimously adopted imposing a $25.00 fee per parking permit issued. Guest of Owner was defined at the Association’s 2/16/23 Board Meeting.

6. If this new $25 fee was legal, then there is a Grandfather Rule that would apply for all owners, guest of owners and owner's tenants who had title or signed leases prior to January 12th, 2023, would be grandfathered in, and no fee, can be charged. The Association has chosen to ignore this rule too.

Florida Statute 718.110 (13) clarified the Grandfather Rule as applied to renters. It says: “An amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment. The $25 Parking Pass Administrative Fee has nothing to do with prohibiting unit owners from renting their units, altering the duration of rental terms, or limiting the number of times unit owners can rent their units.

The rental agency owner went on to describe prior legal action that he has brought before the Association causing the Association to incur substantial legal defense fees. He encouraged Jupiter Bay condo owners to sign a Petition to be sent to DBPR’s Division of Condominiums, Timeshares, and Mobile Homes requesting Arbitration Mediation of his Parking Fee dispute. This seems ironical that someone who makes tens of thousands of dollars from condo rentals would be against the Association recovering its costs of providing parking passes to his renters.

The Association's attorney was wrong when she said at the 3/19/21 board meeting that Jupiter Bay Condominium Association’s parking lots were not common elements. Our Declaration is quite clear on this matter as the following shows:

• 2.5     Common Elements shall include the tangible personal property required for the maintenance and operation of the condominium, even though owned by the Association, as well as the items stated in the Condominium Act, and all those areas of "the lands" not included in the unit.
  • (a) Common elements shall also include the land upon which the improvements described herein are located and any other land included in the condominium property, whether or not contiguous.
• -
• 3.6 (c)   Improvements: Commonly Used Facilities. The Condominium includes ground level parking areas for automobiles located on easements granted to Unit Owners for that purpose; roads for ingress and egress; various gardens, and landscaping; and other facilities which are part of the common elements; and shall include, without limitation, any interest in any real or personal property acquired by demise, grant or otherwise.
• -
• 3.8     Common Elements. Common elements include land and all other parts of the Condominium not within the units and include, but are not limited to, the following items as to which the Association shall have the powers indicated:
  • (a)  Automobile Parking Areas and Streets. The Association shall regulate, maintain, control and have full authority with respect to the use of all parking areas and roads and streets. Automobile parking will be made available to Unit Owners so that each unit will be entitled to one (1) parking space without charge.

Changes to the common parking areas could be considered material alterations requiring a higher unit owner approval level. Restricting certain parking spaces for “trucks only” usage could make these spaces limited common elements for exclusive use by unit residents having trucks.  Here is the relevant declaration language:

• 2.13 Limited Common Elements means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other units.
• -
• 6.2 (b) Common Elements: Alteration and Improvement. After the completion of the improvements included in the common elements of this condominium contemplated by this Declaration, there shall be no alteration nor further improvement of the real property constituting said common elements ex­cept in the manner and on the conditions set forth in Paragraph 6.1 (c) of this Declaration of Condominium. Any such alteration or improvement shall not interfere with the rights of any unit owners without their consent.
• -
• 6.1 (c) Alternation and Improvement.   Any change, alteration, addition or deletion described above may be made only after obtaining in writing the following approvals in the following order:
• (1) Not less than eighty percent (80%) of the Directors of the Condominium Association at a meeting called for that purpose: and
• (2) Not less than eighty percent (80%) of the owners of all of the condominium units governed by the Association at a meeting called for that purpose.

Please see the "Ownership" page of this website for additional information.  It is inappropriate for association attorneys to challenge homeowner comments with erroneous information.

Significant enhancements were made to the Association's website: https://jupiterbaycondoassoc.com.

The following pages were added to the Public Section of the website:

• Welcome – Introduces the Association’s management, website, governing documents, and office location/hours.

• Location – Describes the Association’s location and the area’s beaches, restaurants, entertainment, shopping, and other activities.

• Staff – Lists the Board of Directors, office staff, maintenance staff and Building Captains.

• Activities – Presents activities available to all Jupiter Bay residents.

• Rules – Provides a summary of the Association’s Rules & Regulations applicable to all residents.

• FAQs – Lists the Florida Statute required Frequently Asked Questions and Answers pertaining to our Association.

The "Internal Documents" section was redesigned to make it easier to find what you're looking for.

Here's the new "Internal Documents" structure:

Annual Election Documents Assessment Payments Bids & Contracts Board Meetings Board Meeting Agendas 2019 Agendas 2020 Agendas 2021 Agendas Board Meeting Minutes 2019 Minutes 2020 Minutes 2021 Minutes Committees Committee Descriptions Committee Notices/Agendas Committee Minutes

Directory of Owners Financial Information Annual Budgets Annual Financial Audits Monthly Financial Reports 2018 Monthly Financials 2019 Monthly Financials 2020 Monthly Financials 2021 Monthly Financials Forms General Information Board Member Information Governing Documents Insurance Policies Newsletters

For those unit owners who were unable to attend our September 30, 2020 board of directors meeting, we wanted to provide a recap for you. The Jupiter Bay Board of Directors Organizational Meeting was held on August 28, 2020 and over that 32-day period many areas were evaluated.

The top priority was to review the property management company to ensure that our community was receiving the best possible service at a reasonable cost. Don Spieller and I [Jim Kalec] reached out to unit owners for feedback while conducting a review of Campbell Management services. Several unit owners complained that weekend coverage was insufficient. It involved calling an 800 number and waiting for a response for more than a couple of hours. There was an elevator breakdown in B East over Labor Day weekend and many calls were made to the 800 number. We received feedback about eight hours after the first call. During the month of September, we interviewed three property management companies: Triton, Castle and Campbell.

Our evaluation was completed a few days before the September 30, 2020 board of directors meeting. All three companies are exceptionally good property management firms. The most critical difference is that Triton has owners in senior management positions that are actively involved in the business. Paul Licata and Mark Wade have twenty years of experience in the industry and they will be at Jupiter Bay monthly to provide the necessary support for a property of our size. It was important that the size of this firm match the footprint of Jupiter Bay. This boutique firm has a 24/7 emergency response staff; no 800 number, just a rapid response team ready to assist Jupiter Bay residents during all 168 hours in the week 52 weeks a year. They have proven management systems and state of the art technology that includes the Tops One Connection which is a web service portal that offers both a homeowner and board member interface. This hands-on approach coupled with local ownership provides Jupiter Bay with top to top management communication that can address issues and concerns thoroughly and effectively in a short period of time.

Christopher Sands is our new property manager at Jupiter Bay. He has managed properties that are similar in size to ours. His extensive property management experience at Triton and Seacrest will serve us well in the critical months and years ahead. Jupiter Bay needs a lot of work on our landscaping, irrigation system, elevators, asphalt, and spalling. Chris will be working closely with the board and maintenance staff as we tackle our infrastructure issues.

In closing, let us welcome Triton Property Management and Chris Sands to Jupiter Bay! We have a beautiful property in Jupiter, Florida that is located only 800 yards from the beach and across the street from Harbourside. We pledge to work together with all unit owners to revitalize and reinvigorate this paradise we call home.

Jupiter Bay Board of Directors

Effective September 30, 2020, the Jupiter Bay Condominium Association announced cancellation of its contract with Campbell Property Management and the commencement of a new agreement with Triton Property Management.

The new 12-month agreement provides similar terms to the prior one, with fees of $1,000 per month and cost-plus pricing for staff members as follows:

• 25% for experienced fulltime Property Manager
• 25% for on-site Receptionist and Administrative Assistant
• 31% for 3 full-time and 1 part-time Maintenance Technicians.

The change provides Jupiter Bay with improved service, experienced property management, more senior-management participation, state-of-the art technology, 24/7 rapid emergency response, and an improved website. Triton is a smaller, locally owned company that provides individualized support.

Christopher Sands is the Association’s new Property Manager.  He is a licensed Community Association Manager (CAM) who has managed various Homeowners (HOA) and Condominium Association properties in Palm Beach County for both Triton and Seacrest. He has had responsibility for properties with over 1,100 units and budgets exceeding $3.0 million. Additionally, Chris has business startup experience and has held positions on the City of Palm Beach Gardens Police Department. We welcome Chris to Jupiter Bay.

The following email was sent to Jupiter Bay's Board of Directors on 4/11/24.

Jupiter Bay Board,

Following is a quick analysis of the Association’s financial position and commitment:

Building Restoration

1. Jupiter Bay spent $4,577,291 on building restoration (spalling, roofs, elevators, painting & life safety) projects over the past 14-years.
2. We spent $2,817,965 on concrete restoration/spalling projects over the past 17 years.
3. The average annual expenditure for building restoration was $326,949 and for spalling was $165,763.
4. Our reserves grew to 2.8 million in 2022 and were at 2.5 million at the end of last year.
5. The Board is proposing to spend $857,555 for concrete restoration and screen/frame replacements in 2024 for one East building (Building C).
6. If the other East building restoration costs were the same, this would amount to 2,572,665 for the three 5-story East buildings and possibly $400,000 for East D, a total of almost $3.0 million. With 135 units, this is $22,222 per East unit without counting inflation over the repair period.
7. If the Board approves the $857,555 expenditure for a single building, the probable $22,222 special assessment would need to be divulged at each condominium sale.

Reserve Study

1. The Association is required to conduct a structural integrity reserve study by the year end 2024. The results of this study are to be reflected in next year’s budget.
2. This reserve study will introduce new reserve items including load-bearing walls, other primary structural members, plumbing, electrical, windows, exterior doors, and other items with replacement cost exceeding $10,000. Several of these items may need to be directly addressed by the unit owner.
3. The Association has not yet performed the required reserve study. The last Association reserve study (2014) required a 72% increase in reserve contributions.
4. Our 2024 reserve contributions will be $584,817 or $1,629 per owner (assuming each owner pays the same share). A 72% increase would increase this to $2,800 per owner. This would raise quarterly assessments by $292.75.
5. However, the new structural integrity reserve study could raise quarterly maintenance assessments by a much larger amount.

Conclusion

1. With skyrocketing insurance rates, multiple special assessments each year, and looming additional expected reserve funding, the Association cannot commit to spending $857,555 for a single East building addressing some non-essential items, particularly when major essential repairs are needed in other buildings.
2. Let’s conserve the money we have and be frugal going forward. We are already doing more than most associations in maintaining our buildings and assuring their structural soundness.

Regards,

Paul St. Clair, LCAM

The "Leasing" page of this website has been updated to include an analysis of 2022 rental data and show trends regarding condominium ownership.

The Annual Meeting of the Jupiter Bay Condominium Association was held on Thursday, March 21, 2024, at 10:00 AM at the Twisted Tuna second floor. The term of three board members (Jim Kalec, Don Spieller and Frank Kania) was extended for another two years. Laurence Cochran and Jack McColgan will continue for the second year of their two-year term.

At the Board's Organizational Meeting, held immediately after the Annual Meeting, Don Spieller was appointed Vice President and Laurence Cochran was appointed Treasurer. The other three board members retained their prior positions.

The "Board of Directors (BOD)" webpage provides information regarding board membership and the "Roles" page describes the functions of each position.

It is important that all vehicles parked overnight on Association property have a parking permit and that the Association knows who is occupying our condominium units. To help comply with these requirements, the Board of Directors, at their February 16th meeting, revised the parking permit process. With this change, we now have four different parking passes:

1. Owner's Parking Pass -- This pass is issued for each new owner or new owner vehicle and requires a $25.00 fee.

2. Owner's Temporary Parking Pass -- This is a green placard issued to each condominium owner at no charge. It is kept by the owner and can be used or reused on any temporary vehicle (e.g., rental car) used by the owner.

3. Guest's Parking Pass -- This is a red placard that is registered to the owner and held at the Association office when not in use. The card is used by the owner's family members or other guests of the owner (as defined at the meeting), and it requires a $25.00 fee for the first time it is issued.

4. Renter's Parking Pass -- This pass is issued for each renter vehicle and requires a $25.00 processing fee.  It shows the time period that the vehicle is to be on premises, is only viable for this period, and is not reusable.

This change, together with the previously announced parking permit $25.00 fee resolution will better control parking on Association property while offsetting costs associated with parking pass administration.

The “Alterations” and “Insurance” pages of this website document approval requirements and responsibilities for altering and repairing common elements, limited common elements (e.g., owner balconies) and owner units. For repairs made by the association to an owner’s unit and balcony, responsibility for “incidental” damage is often questioned. Incidental damage is defined as: damage caused by the association’s exercise of its maintenance, repair, and/or replacement responsibility. Damage could include removal of owner alterations and improvements such as floor tile, hurricane shutters, glass enclosures, etc.

Answers to responsibility questions largely depend on whether the association’s governing documents include an “incidental damage" clause, how this clause is written, and the specific circumstances. The damage repair and replacement obligation of the association may be limited to damage caused to the unit and to the original developer-installed limited common elements (e.g., balconies) or it could include damage to any owner improvements including balcony alterations.

Paragraph 6.1(a)(3) of Jupiter Bay’s Declaration says, “All incidental damage caused to a unit by such work [association repairs/replacements] shall be repaired promptly at the expense of the Association.” This applies exclusively to damage caused by Association work within a unit repairing items that the Association is responsible for, such as drywall replacement. Paragraph 6.1(b)(1) says that the Unit Owner is responsible “To maintain, repair and replace at his expense, all portions of his unit except the portions of his unit to be maintained, repaired, and replaced by the Association.”

Since our governing documents contain incidental damage language specific to units and has no similar language for limited common elements, our Association is not responsible for incidental damage caused to owner modifications to limited common elements. In other words, when doing concrete restoration work, the Association is obligated to restore balconies to their original as-built condition, and the unit owner is responsible for all expenses associated with the removal and reinstallation of owner alterations. Similarly, the Association will likely not be responsible to repair any damage to any owner alteration to a unit where the declaration required association approval and the owner failed to obtain approval prior to the alteration.

Generally, the association’s repair obligation is limited to actual damage caused to the unit because of its maintenance, repair, and replacement obligation. If a unit owner is required to vacate their unit for the Association to effectuate repairs, the Association is not generally responsible to reimburse the owner for associated costs.

Finally, If the Association receives a report from an expert advising that certain repairs must be performed, and the Association fails to act, the Association may be responsible for the costs of any damage to the units caused by its failure to act.

Note that opinions expressed in this article are based on research and personal understanding. They do not reflect legal interpretation, and the Association should consult legal counsel for specific inquiries regarding the association’s responsibility for incidental damage.

A Palm Beach Post article by Ryan Poliakoff, co-author of "New Neighborhoods -- The Consumer's Guide to Condominium, Co-Op and HOA Living" pointed out problems caused when an association does not have rules defining acceptable owner behavior at meetings.  The Board removed on 9/22/21 the Association's "Recording & Speaking at Meetings" rule #41 and then added it back on 10/12/23 as rule #43.

Florida Statute 718,112(2)(c) says that "A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements."

Following are highlights of the Association's rule #43, based on Florida Administrative Code recommendations:

• Unit owners' right to participate in and speak at all board and owner meetings with reference to all designated agenda items.
• Board's right to limit each owner’s comments to 3 minutes and disallow subsequent comments from the same owner until others have the opportunity to express their viewpoint.
• Unit Owners' requirement to give advance notice to the board of their intention to videotape or tape record a meeting and to not move about the meeting room while recording.
• Unit Owners' restriction requiring audio and video equipment to be set up before the meeting starts and prohibiting distracting sound or light emissions from the equipment.

Without these provisions and several others, unit owners would be unrestricted on:

• How long and often they can speak at Association meetings,
• Whether they can deviate from the agenda items,
• Their ability to disrupt meetings with video recordings and other means, and
• Whether they can share meeting recordings and videos and post them on websites.

Swaysland Professional Engineering Consultants, Inc. was contracted to perform an inspection of 50% of the private balconies and public walkways at all fourteen (14) building of the Association. The inspections were performed during June, July, September, October and November of 2020.

The purpose of the inspections was to identify the concrete deterioration occurring at the private balcony and public walkway slab top surfaces, bottom surfaces and edges, building walls and columns to determine an appropriate method of repair and protection. The purpose of inspecting 50% of the balconies was in order to provide a cross section of the damage at each building and identify trends in repair.

Swaysland's work culminated with publication of a Concrete Repair Project Investigation Report on December 4, 2020. Here's a summary of their findings:

Building	Total	Severe	Moderate	Minor	None	Walkways
West A	32	1	12	4	15	4 Moderate
West B	32	1	18	8	5	4 Moderate
West C	31	3	21	5	2	2 Severe, 2 Moderate
West D	30	0	13	6	11	1 Severe, 3 Moderate
West E	32	0	14	3	15	1 Severe, 3 Moderate
West F	32	1	15	5	11	4 Moderate
East A	19	0	1	7	11	5 Minor
East B	20	1	5	4	10	5 Minor
East C	20	0	3	8	9	5 Minor
East D	8	0	2	3	3	2 Minor
Villas	28	2	9	12	5	1 Severe, 11 Moderate, 4 Minor
TOTAL	284	9	113	65	97

Paragraph 13(c) of the Twisted Tuna's lease with the Association contains the following parking provision:

Tenant understands that its parking lot is adjacent to Landlord's roadways and residential areas and will take commercially reasonable measures to help assure that its patrons do not park outside of Tenant's parking lot and additional parking areas agreed to by Landlord and Tenant. In addition to Tenant's parking lot, Tenant shall be permitted to:

1. Use some parking spaces on the back side of the West parking lot (Building F) for employee parking,
2. Allow customers to park on the grass of the entry road, and
3. Allow customers to park in the north lot in the Jupiter Bay East area.

Landlord shall allow Tenant to reconfigure the  parking  lot  on  the  North  side  of  the restaurant by removing the existing parking bumpers and permitting lawn parking in that area prior to the Scheduled Opening Date. A copy of the permitted parking to Tenant is attached hereto as Exhibit G. Tenant agrees, and acknowledges, that the other permitted parking (marked in orange on Exhibit G) besides its parking lot (marked in green on Exhibit G) is common area for the Landlord, and that Landlord is unable to guarantee that parking to Tenant, and that said parking is first come first serve. Additionally, Landlord will work with Tenant to explore additional parking alternatives.

Any repairs to Landlord's irrigation system and/or grass as a result of Tenant's grass parking shall be fixed and/or paid for by Tenant. Tenant shall take commercially reasonable efforts to ensure its employees and customers are not parking in non-designated areas. Tenant shall provide parking attendants/valets at Tenant's sole cost during seasonal months and during events where the customer parking is anticipated to exceed its parking lot in an effort to mitigate customers parking in non-designated areas.

Landscaping is very important to the residents of Jupiter Bay because it contributes to the attractiveness of the community, the value of their investments and the overall quality of life.

The condominium association is solely responsible for landscaping at Jupiter Bay.  This includes the trees, shrubs, flowers, lawns, mulch, irrigation systems and other landscaping items.  Maintenance responsibility for the property grounds requires the Association to assure that the overall appearance of the property is preserved, as much as possible, as it was initially designed and built.  This means that trees destroyed by hurricanes or trees classified by the Florida Exotic Pest Plant Control Council as “nuisance and invasive exotic vegetation” need to be replaced.  It also means that shrubs, flowers and other landscaping throughout the community need to be maintained and replaced as necessary to preserve the area’s attractiveness.  Any landscaping improvements must be consistent with the overall landscaping theme.

Most homeowners value the grounds adjacent to their condominium unit.  In light of the Association’s limited landscaping budget, some homeowners, particularly those owning first floor units, have independently contributed to the beauty of our community by adding flowers, landscaping stones and other plants and materials to the areas adjacent to their units.  Some have funded the planting of memorial trees or shrubs or other special landscaping to beautify their area.

It has been suggested that all homeowners should be allowed to beautify the areas in proximity to their condo unit.  However, it is important that these landscaping enhancements are in compliance with our condominium documents and are compatible with existing landscaping.  The Association is obliged by its condominium documents to prevent any changes that could be considered common area material alterations as defined in Sections 2.5, 6.1(c), and 6.2 of our Declaration.  (Please reference the Alterations page of this website.)  Also, we must assure adherence to our Rule #44 which says “Owners who wish to contribute plants, materials, funds, or labor to common element landscaping areas/projects must receive approval from the Association”.

Because of the convenience and growing popularity of keypad locks, over 30 Jupiter Bay homeowners have replaced their conventional entrance door locks with keypads.  This has caused an issue with the Association being unable to access many of these units during the annual pest control treatment.  Many of these locks were installed without notifying the office or providing keys.

This episode has provoked a discussion among Board members as to how this change in door locks relates to the Association's Unit Owner Key Rule #5, which says "For pest control and emergency access, the Association must retain a pass-key to all units.  Whenever an Owner or agent alters any lock, or installs a new lock, the Unit Owner shall provide the Association with an additional key." Please reference the Rules & Regulations page of this website for more information.

A notice posted on the Jupiter Bay Condominium website reaffirms the Association's requirement to have a physical key for every condominium unit.  This, and the corresponding rule violation letter to various homeowners, was precipitated by an annual pest control treatment during which the Association was unable to access over 30 condominium units that had keypad locks installed.  Most were installed without notifying the office or providing keys.

The notice cited Florida statute 718.111(5) which says that “The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.”  This statute affirms the Association's "access rights" but does not provide a process or procedure for compliance.  It does not say that condo owners can decide on their own how they'll chose to comply with the statute - i.e., whether to give the Association a physical key, access code or other means of gaining entry to their unit.  But it does allow for Condo Associations to establish their own compliance rules and procedures.

Jupiter Bay already has a Rule #5 which says that “For pest control and emergency access, the Association must retain a pass-key to all units.  Whenever an Owner or agent alters any lock, or installs a new lock, the Unit Owner shall provide the Association with an additional key.”

Jupiter Bay's Board has reviewed and discussed this rule in light of the recent upgrading of many door locks to keypad units and has concluded that the Association will continue to require physical keys.  The primary reasons are as follows:

1. All door locks, both conventional key locks and keypad locks, include a set of keys for gaining entry.
2. Access codes may change frequently, possibly for each rental period, causing an administrative issue in obtaining, recording and protecting the most recent access code.
3. Access codes can be memorized and disclosed easily leading to unauthorized unit access.
4. Physical keys can be securely protected in a locked key-control safe in the Association office.
5. It's easier to administrate a single procedure applicable to all 359 condominium units.

For these reasons the Association will continue to enforce Rule #5.  Any owner who changes their lock and/or key without notifying the management office or does not provide a new key is in violation of this rule and is subject to $100 per day (maximum of $1,000) fine.  In imposing this fine the Association must provide at least 14 days written notice and an opportunity for a hearing held before a committee of other unit owners.

Jupiter Bay's Declaration (prior to 6/25/21) prohibited trucks from being "used, operated, stored or parked in any unit, parking area, street, or other portion of the condominium property; provided, however, that this provision shall not preclude the use of delivery trucks or other trucks, equipment or machinery necessary for the maintenance, care or protection of the condominium property".

This provision of the Association's Declaration has been consistently enforced for over 30 years through:

• Issuance of parking permits to only authorized vehicles (no trucks), and
• Daily ticketing of vehicles without valid parking passes.

Following are the FACTS regarding Truck Parking at Jupiter Bay:

1. The Association’s Declaration, paragraph 10.4, prohibited Jupiter Bay unit owners from bringing “trucks, vans, pickups, tractors, recreational vehicles, or loud or noisy vehicles” onto the condominium property.
2. This provision did not “preclude the use of delivery trucks or other trucks, equipment, or machinery necessary for the maintenance, care or protection of the condominium property”.
3. Everyone who purchased a unit at Jupiter Bay received a copy of the Association’s governing documents, and as a condition of ownership, agrees to abide by the provisions of these documents. When an owner transfers their unit to a renter, the renter assumes all owner usage rights and responsibilities regarding compliance with the Association’s governing documents.
4. To assure compliance with this 10.4 Usage provision of the Declaration, the Association requires all residents (owners, guests, and renters) to register their vehicle(s) with the Association office and receive a parking permit. Parking permits are not issued for illegal vehicles, including pickup trucks.
5. For over 30 years, the Association has consistently followed the practice of issuing parking permits and tagging illegally parked vehicles. As a job requirement, our security guards tag vehicles (including trucks) without valid parking permits. Whenever the Association learns of resident truck or other vehicle without a valid parking permit, a parking violation is issued. In nearly all instances the issuing of this violation is sufficient to have the resident remove their vehicle from Association property without needing to tow.
6. Upon advice of council, the Association’s Board of Directors, at a March 1, 2017 Board Meeting, unanimously passed a motion assuring that “we will enforce paragraph 10.4 of the Association’s Declaration through the issuing of parking violations, towing, and owner fines regardless of time of day.” All rental agencies were notified in writing of this vote.
7. The Association has hundreds, possibly thousands, of examples of the “no truck” rule enforcement. However, without 24 X 7 parking lot monitoring and with construction vehicles on our property, there will always be circumstances where illegal resident trucks are not identified and tagged.
8. Only one agency has consistently rented to truck owners causing most of the illegal truck parking issues. This agency has lobbied our owners and attorneys for years to remove all remaining rental restrictions.
9. Employees and customers of the Twisted Tuna Restaurant are allowed, according to their lease terms, to park in designated areas of Jupiter Bay’s common property. There are no restrictions on the type of vehicles permitted. According to Paragraph #9 of the Restaurant’s Lease Agreement, these terms override provisions of the Association’s governing documents.
10. Any amendment to paragraph 10.4 of the Association’s Declaration, which changes or clarifies vehicle parking restrictions, would have the same enforcement problems that the Association currently has. Without 24 X 7 parking lot monitoring, the Association could always be accused of selective enforcement of any vehicle parking rules. Also, without Association inspection of every resident vehicle, it would be impossible to know whether to issue a parking permit.
11. The truck parking provisions in Jupiter Bay’s Declaration can be changed with a 75% affirmative vote of Association members; however, it would be nearly impossible to enact changes to the Restaurant Lease Agreement. It is the Board’s duty to strictly enforce both documents until and unless either document is amended.

Owners should not be unduly coerced into approving Declaration changes that are detrimental to the community and resident quality of life, even if they encourage additional rental opportunities.

In July 2021 a condominium owner sent out an email on truck parking at Jupiter Bay making several false claims:

• Claim #1: There was no truck rule until June 30^th, 2021.

Correction: Jupiter Bay Declarations, recorded in Palm Beach County in the mid-1980’s limited, in the “Use Restrictions” clause, truck parking on Jupiter Bay property. That original truck parking rule 10.4 was reaffirmed at a 2017 Board Meeting.

• Claim #2: The Declaration’s original paragraph 10.4 was invalid.

Correction: An Association’s Declaration is a legal document that creates the condominium and governs the community. If provisions are not contradicted by FL Statutes or other parts of the Declaration, they are valid and enforceable.

• Claim #3: For the past 24 years, there has been no enforceable truck rule.

Correction: For the past 30+ years, the truck rule was enforced through the registration of owner/renter vehicles, issuing of parking permits, and the posting of parking violation notices on illegally parked vehicles. The new amendments utilize the same process but, due to complexity in distinguishing legal from illegal vehicles, are prone to selective enforcement.

• Claim #4: The Board has never towed a truck because the truck rule was unenforceable.

Correction: Neither the prior truck rule nor the amended rule require towing of illegally parked vehicles. The new rule says that vehicles in violation “shall be subject to being towed” but “towing or booting shall not be the exclusive remedy of the Association”. In most cases a parking violation notice results in compliance.

• Claim #5: Tenants or Owners that were staying in Jupiter Bay with a truck prior to June 30^th are grandfathered in.

Correction: The “grandfather clause” only applies to new Declaration provisions and does not invalidate prior language. Tenants or Owners staying in Jupiter Bay with a truck prior to June 30^th were not, according to the Declaration, allowed to park their trucks on Association property.

• Claim #6: As of August 2^nd, they finally will have enforceable rules for both cars and trucks.

Correction: All provisions of Association Declarations, including those prior to August 2nd, are enforceable. (See response to Claim #2.) Amendments to Paragraph 10.4 of the Association’s Declaration passed on June 25, 2021 and are effective on the date that they are recorded in Palm Beach County.

In a 9/6/22 email to a unit owner and the Association’s president, our Rosenbaum attorney said that FL statute 718.112(2)(a)1 and the Association’s Bylaws do not provide for appointment of an officer who is not a board member. This interpretation could limit participation by non-board members in special important roles (e.g., budget preparation, vendor negotiations, contract reviews, etc.)

A response was sent from the author of this website listing text from the FL statutes and our Bylaw 6.1 refuting the attorney’s opinion. The statute says: “Unless prohibited in the bylaws, the board of administration may appoint other (besides president, secretary & treasurer) officers and grant them the duties it deems appropriate”. The Association’s Bylaw 6.1 says:

• “The executive officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, (none of whom need be Directors), all of whom shall be elected by the Board of Directors.
• The Board of Directors from time to time shall elect such other officers and designate their powers and duties as the Board shall deem necessary or appropriate to manage the affairs of the Association. Officers need not be Unit Owners.”

To confirm my understanding of the statute and bylaw text, I presented the “non-board member officer” question to a well-recognized FL condominium law expert and to an attorney (Ryan Poliakoff) who publishes a weekly article in the Palm Beach Post. The law expert said, “based on your documents and the statute, the board can appoint the person you mention as an officer of the corporation and bring that person under your D and O insurance if your insurance provider agrees.” Attorney Poliakoff said, “the vast majority [of governing documents] allow some or all officers to be non-owners” and that “an association could even hire a [non board member] person to serve as treasurer”. Click Here to obtain the full text of his response: Poliakoff response.

In summary, FL statutes and our Bylaw 6.1 says that the Board can elect officers, who are not board members (and even not unit owners), to assist in “managing the affairs of the Association”. Please reference the Roles & Functions page of this website for additional information on Association Officers.

So far, the Association’s attorney has not issued a correction to her erroneous legal opinion.

The Association's attorney attempted to clarify proposed truck parking changes to our Declaration in her April 30th letter. Following is a response from a concerned homeowner. The attorney has not responded to this nor the prior letter, which corrects her erroneous remarks at the 3/19 Board Meeting.

Paula, Your letter of April 30, 2021, which purports to clarify the proposed Declaration amendment’s truck parking allocation, adds additional confusion to this already muddled proposal. Only the West buildings have 32 units. The East buildings have 40 units in 3 of the buildings (A-C) and 15 units in the third building (D). How many designated trucks spots for East D? However, this truck space allocation is inconsequential since: The Board of Directors “may alternatively promulgate a rule to increase the number of spots per building”, and “Additional truck parking shall be permitted in overflow truck parking areas designated as the Jupiter Bay East long-term parking area.” (Note that the Declaration does not define an East long-term parking area.) These provisions give the Board unlimited authority to allow most owner, renter and lessee trucks and passenger vans to park anywhere on Jupiter Bay property.  The Amendment bypasses unit owner review and approval of each individual Board action. Furthermore, the proposed Amendment: 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 (Declaration paragraph 3.6(c)) and emergency vehicle access, nor should the Board be able to set unspecified and unlimited fees for parking decals (§ 718.111 (4), F.S.). 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 Association’s parking lots are common elements as described in the Declaration (reference my 3/20/21 email to you), and the Board should not have undefined authority to grant non-resident use of association common property. Because the proposed Amendment language lacks clarity and can be misconstrued and grants undue Board authority without unit-owner oversight, it needs to be withdrawn and replaced with a more accurate and limited proposal. Regards, Paul St. Clair