Rules

A committee was established in April, 2015 to review the Rules & Regulations from the October, 2013 Board Meeting and recommend any changes.  The Committee consisted of Tom Davis, Gerald Rooney, Judy Thomas, Don Rousseau, Ed Byrski and chairman Paul St.Clair.  The Committee's results were presented to the Board for approval.  At a May 20th Board meeting, the decision was made to accept the following five recommended revisions to the Jupiter Bay Rules & Regulations:

Rule # 2 – Storage

• The personal property of Unit Owners must be stored in their respective units or in their building’s storage room(s).
• No owner may subdivide storage rooms nor construct any cage or partition which gives them exclusive use of a specific part of a storage room.

Rule #21 – Smoke & Dust

• At the May 7th, 2014 Board Meeting, a ban on smoking at the East and West pool areas was passed. The following sentence was added to the Association’s Rule #21: “The Association has also banned smoking at the East and West pool areas.”

Rule #24 – Vehicles & Parking

• Requirements for receiving a Parking Pass were added: “For every tenant, the Association must have a properly completed Guest/Lease Registration Form and a Lease Agreement.” Normally these will be received 3-days in advance of the start of the rental period.
• Changes were made to this Rule to help assure that all vehicles parking on Association property have valid Parking Passes.
• When vehicle registration information is not known in advance (e.g., car pickup at airport), the rental agent adds this information and relays it back to the Association Office. This procedure has been working successfully for several months.
• For the few weekend walk-in situations, a special 3-day numbered Parking Pass will be issued by the rental agent, with complete documentation sent back to the Association Office on the next business day.
• No person shall be permitted to park any boats, boat trailers, other trailers, mobile homes, cargo vans, motorcycles, recreational vehicles or buses on condominium property at any time. Parking of trucks, pickups, cargo vans or other commercial vehicles, including vehicles with signage, on condominium property shall only be permitted during the time necessary to provide or deliver goods or services during normal business hours.
• The Parking Violation Form was updated to make it friendlier.

Rule #32 – Alterations by Unit Owner

• The Rule says that “Work on any unit can only be performed Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m.”, but it doesn’t define “Work”.
• The following definition was added: “Work in this context is defined as permitted construction work performed by a contracted service provider or any other work that violates the Noise Control Rule (#3). Emergency evening and weekend repairs (e.g. leaky hot water heater) are exempt from this rule.”

Rule #47 – Pest Control

• The Rule was changed to include Association responsibility for controlling rodents inside the units. It now says: “Treatment inside the units is for ants, roaches, palmetto bugs, silverfish, rodents and other common household pests.”

A complete copy of the Association's 11/08/20 Rules & Regulations is available via the following link:

5/20/15 Rules & Regulations

The Jupiter Bay Board of Directors approved, at the 9/22/21 Board Meeting, changes to the Association’s Rules and Regulations and voted to record the new Rules with Palm Beach County’s Official Records.  These changes, developed without committee input, eliminated rules and parts of rules previously deemed important.

Following are the most significant changes:

1. Definitions Section – This entire section, added in 2015 because of owner confusion and lack of understanding of terms used in the rules document, was removed.

2. Vehicles & Parking (#24) – Major changes addressing “towing”, “owner placards” and “trucks/pickups” were made:

Towing – Any vehicle that does not display an authorized parking permit is subject to towing, after two warnings. If the violation is not resolved by 4 p.m. of the business day following the second warning, the vehicle will be towed at the owner's expense.

Owner Placards – Owner placards can be requested. This placard is for the sole use of the owner and is not to be given to guests or tenants. The placard will be displayed by hanging it from the rear-view mirror. If an owner violates the use of the placard, the placard will be permanently revoked or a fine levied for the improper use. Also, a “weekend pass placard” can be issued by the owner or rental agency for weekend walk-ins.

Trucks/Pickups – Parking of prohibited trucks, prohibited pickups, shall only be permitted during the time necessary to provide or deliver goods or services during normal business hours.

These changes do not mention that truck-parking is restricted, per Declaration paragraph 10.4, to three spots per building available on a first-come first-park basis. The purpose of an “owner placard” is not defined, nor does the rule say how many placards an owner can receive. The reference to Rule #32 should be to Rule #31. Finally, “period of occupancy” was removed from the Registration Form description.

3. Pets (#25) – The following was added: “Proof of vaccination and a picture of all dogs is required when submitting the Guest/Lease Registration Form.”

No language was added to address 2020 changes to section 27 of FL Statute 760 dealing with “emotional support animals”. As a minimum, additional information should be provided which defines emotional support animals and required resident’s supporting documents.

4. Leasing/Rental Restrictions (Other than West C) (#29) – The words “leases must be submitted in writing and filed with the Association not less than three (3) business days in advance of the intended occupancy” were omitted and need to be added back per the 2002 arbitration settlement agreement.

5. Sale or lease of building C West (#30) – Information was removed which was copied from the 4/27/04 West C Declaration amendment and 1) discloses transfer and processing fees and 2) states the Association’s right to review and approve applications for sell or lease of units in building C West.

6. Unit Maintenance & Repair (#32) – The following text was removed: “FL statutes allow a condominium association to undertake reconstruction work on items that are the responsibility of the unit owner, charge those costs to the unit owner and collect those costs through the lien and foreclosure procedures”.

7. Building Restoration (#33) – The following was removed: “Any extra material cost or labor required by the Association in accommodating owner modifications is the responsibility of the owner.  If the Association’s contractors need to remove and replace owner-installed shutters, glass enclosures, patio flooring, etc. to perform concrete restoration, the unit owner will be wholly responsible for all associated costs, and these will be charged back to the owner.”

8. Website (#43) – The following text was removed: “The content of the website is strictly controlled by the Association.  The website will not contain information that violates generally accepted privacy standards, is political in nature, is offensive to individuals or organizations, promotes any non-affiliated commercial establishment, or violates community standards.  In publishing any information, consideration will be given to the fact that all of our unsecured website pages are available to all users of the worldwide web.”

9. Form Changes – Changes were made to the Guest/Lease Registration Form and the Condominium Unit Alteration Form:

Guest/Lease Registration Form – The following text was added: “A copy of a government issued picture identification is required for the Primary Lessee. A copy of Identification should be provided for each additional adult (18 years of age or older) occupying the unit.” Text was changed to prohibit “certain pickup trucks” and pets over 20 pounds and to add that parking permits are required.

Condominium Unit Alteration Approval Form – The following contractor information is no longer required: Copy of Current Driver’s License & Auto Insurance Coverage, Certificate of Current Workers’ Compensation Insurance Coverage, and State of Fl. Certificate of Exemption of Workers’ Compensation Coverage, if eligible.

10. Rules that were Removed – The Following rules were removed in their entirety from the Rules document: Unit Owner Insurance, Owner Delinquencies, Inspection of Records, Owner Inquiries, Recording & Speaking at Meetings, Committees, Financial Policy, No Waiver of Rights, and Actions Against Tenants. The removal of these rules limits the Association's ability to influence resident behavior at a time when increased violations and vandalism are occurring.

11. Forms that were Removed – The following forms were removed from the Rules document: Insurance Claim Form, Owner Information Sheet, Sales Application, Unit Assignment of Responsibility, and Parking Violation Form.

12. Failure to Include Changes – Several updates, based on current FL statutes, were omitted in the new rules document including reference to “vaping” every place that lists “smoking” in rule #21 (smoke & dust) and reference to small religious objects allowed on doors in rule #11(unit external appearance).

A complete copy of the Association's 9/22/21 Rules & Regulations is available via the following link.

9/22/21 Rules & Regulations

•   $100 per owner violation with $1,000 max 14-day notice & opportunity for hearing before a committee of at least 3 members.
•   Owner can be suspended from using common areas if more than 90 days delinquent in paying monetary obligations.
•   Smoking ––$100 for 1 st occurrence, $500 subsequent occurrences.
•   Fines under $1,000 may not become a lien against the condo or parcel.
•   Owner can be sued by the association (sometimes after participating in arbitration or after receiving a mandatory demand for arbitration) with the judge issuing a court order enjoining the behavior. The judge could hold the owner in contempt for continued violation of the rules. Some or all legal fees could be granted to the association.
•   Association is allowed to undertake reconstruction work on items that are the responsibility of the unit owner, charge those costs to the unit owner and collect those costs through lien and foreclosure procedures.

Florida statute 718.303(1) says that: each unit owner, each tenant and other invitee must comply with the provisions of the association’s governing documents, and that actions for damages and injunctive relief for failure to comply with these provisions may be brought by the association against a unit owner or anyone else occupying a unit.  Paragraph 5(n) of Jupiter Bay’s Bylaws says that the powers and duties of the Board of Directors shall include “levying fines against appropriate unit owners for violations of the Rules and Regulations established by the Association to govern the conduct of such unit owners.”

Paragraph #3 of FL statute 718.303 provides the following remedies for failure of the owner of a unit or its occupant, licensee, or invitee to comply with any provision of the association’s declaration, bylaws, or rules:

• Levying a $100 fine for each day of a continuing violation up to a maximum of $1,000 in the aggregate.

• Suspending, for a reasonable period of time, the right to use the common elements, common facilities, or any other association property. The suspension, which does not apply to the unit’s limited common elements, parking spaces, elevators, utility services or access, can also be imposed if the unit owner is more than 90 days delinquent in paying a monetary obligation due to the association.

Statute 718.303 is administered via the following procedure:

1. Once the board or management office discovers, or is notified of a violation, they tell the resident about the violation and ask that it be corrected. Furthermore, the resident is warned that if no corrective action is taken, a fine or suspension may be issued.

2. If the violation is not corrected, a written notice is mailed (certified mail preferred) or hand delivered to the unit owner and, if applicable, its occupant, licensee, or invitee at least 14 days, but not more than 30 days prior to a scheduled hearing.  The notice describes the violation, lists any prior warnings given, and offers the opportunity for an appeal to a peer-group of other owners.

3. Alleged violators who do not request a hearing are presumed to concur with the fine or suspension, and the amount of any fine will be posted against the particular unit’s account.

4. Those who request a hearing are contacted by the Fining Committee who will provide the place, date and time of the scheduled hearing.

5. Fining Committee hearings will be noticed to association members at least 48 hours prior to the meeting with regular bulletin-board postings on the property.  Residents may attend the meeting, but are not allowed to speak.

6. Prior to the Fining Committee hearing, all letters and correspondence with the resident should be given to the Committee members for review.

7. The Fining Hearing is to be heard by a majority of the Fining Committee.  If a majority of the Fining Committee members concur with the proposed penalty, the Board, at their next Board of Directors Meeting, will charge the fine to the owner’s account or invoke the suspension of privileges.  If the Committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

8. Fines are considered as assessments and are collected in the same manner as other assessments.  However, a fine may not become a lien against a unit.  The goal of fining should be compliance, not revenue generation.

The Jupiter Bay Board of Directors approved the following rule and regulation changes at their 10/12/23 board meeting:

1. The entire Definitions Section, which was removed with the 9/22/21 Rules update, was added back. This section defines terms used within the Rules & Regulations document. The definition of a “guest”, as defined at the 2/16/23 board meeting, was added to the document.

2. Signs & Notices (#4) – Text was added defining where and when open house signs can be posted and when they must be removed.

3. Unit Floor Coverings (#10) – The association’s minimum soundproofing requirements for other than a first-floor unit were defined as an IIC rating of 50 or greater.

4. Unit External Appearance (#11) – Text was added defining:

• • Where tile may be used on patios.
  • Illegal attachments to exterior unit walls.
  • The size of a religious object that can be attached to an owner’s door.

5. Sewerage Lines (#12) – A sentence was added prohibiting baby wipes and other disposable wipes from being discarded in storage lines.

6. Deliveries (#15) – Owner liability for damages caused by deliveries was established with violators being responsible for repair costs.

7. Trash & Recyclables (#16) – The following requirements were added:

• • All parts of the condominium are to be kept in a clean and sanitary condition with no fire hazard allowed to exist.
  • Household trash and plastic bags are not to be discarded in either recycle bin.
  • Violators will be charged for costs associated with the removal of inappropriate recycled items, and owners abusing recycling requirements will be fined.

8. Restricted Access (#18) – Limitations were placed on contractor access to restricted common areas.

9. Solicitation (#19) – The right for Unit Owners to peaceably assemble in common and recreational areas and their right to invite public officers or candidates for public office to speak in common areas was acknowledged.

10. Smoke & Dust (#21) – Because of Florida’s 2019 legislative changes to Florida’s Clean Indoor Air Act, this rule was updated to include the association’s same prohibitions and restrictions on vaping as are on smoking.

11. Parking Permits – The rule “Vehicles & Parking Permits” was split into two rules: Parking Permits (#24) and Vehicle Restrictions (#25). These rules were updated to reflect changes to Declaration Section 10.4 approved on 6/25/21 and changes made at subsequent board meetings. Rule #24 changes include:

• • Defining the association’s four different parking passes: Owner's Parking Pass, Owner's Temporary Parking Pass, Guest's Parking Pass, and Renter's Parking Pass.
  • Expansion of identification requirements for lessees to include all adults (18 years of age or older) occupying the unit.
  • Registration Form requirements to include the tenant vehicle’s make, model, license number, and state of registry, and for permitted trucks, a full side-view picture.
  • Clarification of the procedure for tenant/guest arrivals when the association office is closed, and the vehicle registration information is not known in advance.

12. Vehicle Restrictions (#25) – This added section defines vehicle types permitted to park on association property, which are:

• • Passenger automobiles,
  • Standard ½ ton 4-wheel non-commercial pickup trucks, and
  • Non-commercial sports utility vehicles.
  • Permitted truck parking restrictions were clarified, with trucks parked outside of the designated truck-parking spaces subject to booting or towing after two warnings.

13. Pets (#26) – The rule was aligned with the Jupiter Town ordinance which says that “no pets shall be allowed outside of an apartment unless restrained by a collar and a leash, chain or other device that doesn’t exceed 8 feet in length.”

• • Language was added to address 2020 changes to section 27 of FL Statute 760 dealing with “emotional support animals”. Information was provided which defines emotional support animals and documentation required to prove the resident’s support animal requirements.

14. Unit Occupancy (#27) – The following updates were made:

• • Guest/Lease Registration forms require a listing of all tenants occupying the condominium units and all their vehicles and pets.
  • Unacceptable resident behavior was defined and is subject to fining.
  • Unit owner actions that increase the cost of the condominium property’s insurance are prohibited.
  • Unit owner responsibilities for the activities and actions of their guests or visitors were defined.

15. Leasing/Rental Restrictions of Units (Other than Building “C” West) (#30) – The rule was updated to require leases to be submitted in writing and filed with the Association not less than three (3) business days in advance of the intended occupancy.

16. Sale or Lease of Building “C” West (#31) – Information copied from the 4/27/04 West C Declaration amendment was added back which:

• • Discloses transfer and processing fees, and
  • States the association’s right to review and approve applications for the sale or lease of units in this building.

17. Unit Property Insurance (#32) – This rule, deleted by the 9/22/21 update, was added back. It defines condominium insurance policies and requirements. It also clarifies association and owner responsibilities for repair and replacement of damages to condominium property and associated reporting requirements.

18. Alterations by Unit Owner (#33) –

• • The rule clarifies the two categories of alterations requiring board approval and lists examples of alterations included in each category.  The categories are:

• • • Type A – Alterations requiring a Town of Jupiter permit and association approval.
    • Type B – Alterations requiring Association approval but no Town permit.

• • The rule emphasizes that all contractors on association property, whether employed by the Association or a unit owner, must be licensed, insured, and pre-approved.
  • Requirements for owners desiring to replace their water heater with a tankless heater were defined.

19. Unit Maintenance & Repair (#34) – The following text was added back: “FL statutes allow a condominium association to undertake reconstruction work on items that are the responsibility of the unit owner, charge those costs to the unit owner and collect those costs through the lien and foreclosure procedures”.

• • Unit Owner liability for the expense of any maintenance, repair or replacement rendered necessary by negli­gence was defined.

20. Building Restoration (#35) – Text was added back which defines owner responsibilities and cost associated with removal/replacement of their balcony modifications impacting the association’s maintenance and repair costs.

21. Electric Vehicle Charging (#37) This section was added to clarify responsibilities and restrictions regarding electric vehicle charging on association property.

22. Owner Delinquencies (#38) – This section which specifies the procedure for addressing owner delinquencies was added back.

23. Inspection of Records (#41) – This section which describes owner rights for accessing association records was added back.

24. Owner Inquiries (#42) – This section which describes the procedure for obtaining board response to owner inquiries was added back.

25. Recording & Speaking at Meetings (#43) – This section defining rules for owner participation at board meetings was added back.

26. Committees (#44) – This section describing the formation and responsibilities of board-appointed committees was added back.

27. Financial Policy (#45) – This section referencing the association’s financial policy was added back.

28. Swimming Pools (#47) – The rule was updated to allow for the fining of owners, guests or tenants who violate pool rules.

29. Tennis & Bocce Ball Courts (#48) – The existence, location and scheduling of the Bocce Ball court was added.

30. Community Barbeque Grill (#50) – The requirement of a domestic (US) phone number to use the grill was added.

31. Website (#52) – Text was added back describing content and control of the association’s website.

32. No Waiver of Rights (#56) – This added back rule reiterates that the association’s failure to enforce a rule does not constitute a waiver of the right to do so thereafter.

33. Unit Alteration Approval Form – A $100 fine was added for owners who violate document requirements including damage to common property or failure to provide sufficient time for board review and approval.

34. Attached Forms – The following forms that were removed from the Rules document on 9/22/21 were added back: Insurance Claim Form, Owner Information Sheet, Sales Application, Unit Assignment of Responsibility, and Parking Violation Form.

A complete copy of the Association's 10/12/23 Rules & Regulations is available via the following link.

Jupiter Bay New Rules & Regulations

On June 30, 2021 the Association issued a revised Guest/Lease Registration form effective immediately.  Changes included:

• The following sentence was added: "Applications must be submitted at least three (3) days prior to lease commencement."
• The following sentences were added: "A copy of a state issued identification (DL) is required for each adult (18 years of age or older) occupying the unit. Please list ages for minor children."
• Ability to list the name and relationship of a sixth unit occupant.
• The list of prohibited vehicles was updated for consistency with the approved amendments to section 10.4 of the Association's Declaration.
• The following sentences were added "Parking permits are required to park on property. Vehicle information must be submitted prior to arrival."
• A new Pet Section was added to the form requiring:
  • A copy of the most recent vaccination information from your veterinarian is required for all pets.
  • A photograph is required for all dogs.
  • Note: Condominium rules do not allow pets over twenty (20) pounds.
  • #Pets, Type & Pounds must be provided.
• A "Check List" section was added to assure that all required information was provided.
• The following sentence was added "I affirm that I will abide by the rules of the Association."

A copy of the new Guest/Lease Registration Form, in MS Word format, can be downloaded from the "Forms" page of this website.

On August 2^nd, 2021, the Association started enforcing recently enacted Vehicle Restriction amendments to Declaration paragraph 10.4. Cars and trucks illegally parked on association property in violation of restrictions based on the following could be towed:

• Type of vehicle,
• Parking location, and
• Whether the vehicle has a valid permit.

According to the amendments, permitted vehicles include:

• Passenger automobiles without commercial markings,
• Non-commercial sport utility vehicles,
• Passenger vans with windows on all body panels,
• Pickup trucks ½ ton capacity or less, under 7,800 pounds gross vehicle weight, having only four wheels, and containing no cargo or personal property in the truck bed.

Resident pickup trucks can only be parked in designated “truck parking” spaces, a limited number of which are available in each major parking area: East, Villas, and West buildings A-F.

The Association office will continue to issue owner, guest, and tenant parking permits.  Illegal vehicle types or vehicles without valid permits are subject to towing after two warnings for the same violation.

Vehicle towing seems to be a recurring issue at Jupiter Bay.  Following are the Florida statutes addressing this:

• Must post "tow-away zone" signs with name and phone number of towing company.
• Towing company must notify police within 30 minutes of towing.
• When person owning vehicle shows up while in the process of towing, vehicle must be returned upon payment of reasonable fee of not more than one-half the towing rate.
• Tow truck must display the name, address & phone number of the towing company in at least 3-inch permanently affixed letters.
• Any towed vehicle must be stored within 10-mile or 15-mile radius (if 500,000 or more residents in county) at a facility open from 8:00 AM to 6:00 PM.