Rules & Regulations
A lot of work has been done, particularly in 2015, to bring Jupiter Bay's Rules and Regulations into compliance with Florida Statutes and Jupiter Bay's Condominium Documents. In light of recent statute and JB governing document changes, additional updates are needed.
This webpage provides the following important rule, regulation, and remediation information: Rule Updates, Needed Rule Updates, Vehicle Towing Statute, 2002 Arbitrator Ruling, and Remedies & Fining Committee.
Rules Updated May 20, 2015
A committee was established in April, 2015 to review the Rules & Regulations from the October, 2013 Board Meeting and recommend any changes. The Committee consisted of Tom Davis, Gerald Rooney, Judy Thomas, Don Rousseau, Ed Byrski and chairman Paul St.Clair. The Committee's results were presented to the Board for approval. At a May 20th Board meeting, the decision was made to accept the 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 Rules & Regulations is available via the following link:
|Jupiter Bay Rules & Regulations|
Vehicle Towing (FL Statute 715)
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.
$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.
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.
2002 Arbitration Ruling
Following is an overview of the 2002 Arbitrator's Ruling that should help clarify some of the rental and parking issues. During the years 1991, 1995, 1999 and 2001, the Jupiter Bay Board of Directors amended the Association's bylaws to include:
- Minimum rental periods,
- Occupancy limits for the units,
- Approval of leases,
- The receipt of lease copies, and
- A provision for transfer fees.
These bylaw amendments were challenged via a petition for arbitration before the Division Of Florida Land Sales, Condominiums, and Mobile Homes (Currently called The Division of Florida Condominiums, Timeshares & Mobile Homes). The complaint was that the changes were in violation of Jupiter Bay's Declaration, paragraph 10.1 that simply says "Leasing or renting of a condominium unit by a Unit Owner is permitted". The Declaration imposes no further restrictions.
The arbitrator entered a final judgment order in this case on July 3, 2002. The final order said that:
- The Association failed to follow the appropriate procedures for passing substantive restrictions on the right to lease found in the declaration, and ultimately amended the wrong set of documents. The declaration should have been amended instead of the bylaws.
- The Association is hereby prohibited from enforcing the 1991, 1995, 1999 and 2001 amendments against anyone in the condominium.
Specifically, the arbitrator ruled that:
- 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.
- 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.
- 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.
- Copies of Leases: The association is deemed to be authorized to require that leases be in writing and filed with the association prior to occupancy by the tenant, not less than 3 business days in advance of the intended occupancy.
- Transfer Fees: The association cannot charge a transfer fee or a "processing fee".
Rule Updated November 7, 2019
The Jupiter Bay Board updated Unit Alteration Approval requirements and form at the November 7, 2019 Board Meeting. Changes included:
- Providing Form Completion Instructions,
- Including a Fact Sheet providing handyman/contractors/permits information,
- Adding an Insurance Coverage section, and
- Notation that "No work can be started prior to Board Member Approval whose signature confirms that the Association Office has received and reviewed the Unit Alteration Request Form ensuring it has been correctly filled out and submitted with all required elements of documentation met."
Please click on the following link to obtain a copy of the new Unit Alteration Approval Process:
Rules That Need Updating
Rule #24 (Vehicles & Parking)
Rule needs updating to reflect changes to Section 10.4, retitled Vehicle Restrictions, approved by a 75% owner vote on 6/25/21. Changes need to consider the board's Parking Enforcement letter of 6/25/21 and changes to the Guest/Lease Registration process and form dated 6/30/21.
Rule #21 (Smoke & Dust)
Because of Florida’s 2019 legislative changes, the Association’s Rule #21 (Smoke & Dust) needs to be updated to include “vaping”.
House Bill 7012 added Vaping to Chapter 386, Part II, The Florida Clean Indoor Act and places the same prohibitions and restrictions on Vaping as are on smoking. The Chapter’s purpose is to protect people from the health hazards of secondhand tobacco smoke and vapor and to implement the Florida health initiative.
"Vaping" needs to be added to the Association's Rule #21 every place that lists “smoking”.
Rule #36 (Owner Delinquencies)
The second part of the Association’s Rule #36 (Owner Delinquencies) is in conflict with the current version of Florida Statutes and needs to be changed.
Our Rule #36, written in 2015, says “Any owner who is more than 90 days delinquent in the payment of any monetary obligation due the Association is ineligible to vote." This reflected the 2015 Florida Statute 718.303(5) which read “An association may suspend the voting rights of a unit or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than 90 days delinquent."
However, in 2017 the Statute was amended to read “An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect."
Furthermore, the Statute says “(6) All suspensions imposed pursuant to subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.
The Statute does not allow an Association’s governing documents to override it, and our Bylaws are silent on the matter.
As a final note, the Association's Rule #36 needs to be updated to reflect FL House Bill #56, effective 7/1/21, that introduces substantial changes in community association assessment notices and collections.
Remedies & Fining Committee
Florida statute 718.303(1) says that: each unit owner, each tenant and other invitee must comply with the provisions of the association’s governing documents, and that actions for damages and injunctive relief for failure to comply with these provisions may be brought by the association against a unit owner or anyone else occupying a unit. Paragraph 5(n) of Jupiter Bay’s Bylaws says that the powers and duties of the Board of Directors shall include “levying fines against appropriate unit owners for violations of the Rules and Regulations established by the Association to govern the conduct of such unit owners.”
Paragraph #3 of FL statute 718.303 provides the following remedies for failure of the owner of a unit or its occupant, licensee, or invitee to comply with any provision of the association’s declaration, bylaws, or rules:
- Levying a $100 fine for each day of a continuing violation up to a maximum of $1,000 in the aggregate.
- Suspending, for a reasonable period of time, the right to use the common elements, common facilities, or any other association property. The suspension, which does not apply to the unit’s limited common elements, parking spaces, elevators, utility services or access, can also be imposed if the unit owner is more than 90 days delinquent in paying a monetary obligation due to the association.
Statute 718.303 is administered via the following procedure:
- 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.
- If the violation is not corrected, a written notice is mailed (certified mail preferred) or hand delivered to the unit owner and, if applicable, its occupant, licensee, or invitee at least 14 days, but not more than 30 days prior to a scheduled hearing. The notice describes the violation, lists any prior warnings given, and offers the opportunity for an appeal to a peer-group of other owners.
- Alleged violators who do not request a hearing are presumed to concur with the fine or suspension, and the amount of any fine will be posted against the particular unit’s account.
- Those who request a hearing are contacted by the Fining Committee who will provide the place, date and time of the scheduled hearing.
- Fining Committee hearings will be noticed to association members at least 48 hours prior to the meeting with regular bulletin-board postings on the property. Residents may attend the meeting, but are not allowed to speak.
- Prior to the Fining Committee hearing, all letters and correspondence with the resident should be given to the Committee members for review.
- The Fining Hearing is to be heard by a majority of the Fining Committee. If a majority of the Fining Committee members concur with the proposed penalty, the Board, at their next Board of Directors Meeting, will charge the fine to the owner’s account or invoke the suspension of privileges. If the Committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
- 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.
A Fining Committee, also referred to as a compliance, violation, grievance or rules enforcement committee, is made up of at least three unit owners appointed by the board who are neither board members nor employees and are not relatives of a board member or employee.
The Fining Committee’s purpose is to assure that fines or suspensions are administrated reasonably and fairly. They are not to debate whether the violated statute, bylaw, rule or provision is appropriate or reasonable. Their commission is just to determine whether there was a violation, how long it continued, whether the violator was taking corrective measures, and whether there were any extenuating circumstances.
The Fining Committee is the last arbiter that a resident who is accused of rules violation has. It provides a check-and-balance over the Board’s fine levying and suspension-of-rights abilities. The Fining Hearing is an opportunity for both the Association and the person who is proposed to be fined to present evidence as to why the fine should or should not be imposed. This is not a time for debate or to lecture the resident, and the Fining Committee should try not to engage in a back and forth with the resident. Once the alleged violator has made their case, it is advised that the Fining Committee let them know the Committee’s decision via mail, which gives the Committee time to deliberate and also helps avoid an argument between the owner and the Committee at the hearing.
A typical Fining Committee hearing agenda is as follows:
- Introduction of the Committee Members and owner/residents in attendance.
- Reviewing of the Hearing’s purpose, the Fining Committee’s charter, and the objectives of the meeting.
- Description, by the Fining Committee member(s), of the violation, citing the document, paragraph and wording of the rule(s) that were alleged to be violated.
- Presentation of proof of violation and supporting evidence.
- Presentation by alleged violator (owner/resident) of evidence and rationale as to why a fine should not be imposed. Discussion of any extenuating circumstances and corrective actions taken.
- Deliberation and review of evidence by the Fining Committee, either while the alleged violator is present or after they have been dismissed.
- Determination of imposition of a fine and the amount of the fine.
- Voting by the Fining Committee membership to determine whether the fine should or should not be imposed. Afterward, the Committee will notify the Owner/resident and Board of Directors in writing of their decision and rationale. The Committee’s decision will stand with no further discussion or appeals.