[Field]TEMS ASSOCIATION, INC.
TAMARAC LAKES SECTION I & II
1751 NW 45th Court
Tamarac, FL 33309
Phone: (954) 626-0333 Fax: (954) 626-0491
RULES & REGULATIONS
Amended March 2014
TABLE OF CONTENTS
Rules - General
Rules - Clubhouse Areas
Restrictions Clubhouse/Picnic Areas
Sales and/or Leasing
Satellite dish regulations
Violations - Schedule of fines
Monthly Dues & Payment Information
Important telephone numbers
1.All lawns are provided with a sunken sprinkler system. You are welcome to any planting or landscaping you wish to add. Hedges are only permitted with the written approval of the Board of Directors. You should contact sprinkler maintenance before any major plantings begin. If your landscaping interferes with the present sprinkler head locations or damage is done as a result of your planting, you will be charged for any and all repair charges.
2.The replacement of damaged and/or malfunctioning sprinkler heads is the sole responsibility of the homeowner. Underground pipes, connections and wiring are the responsibility of TEMS Association. You will be responsible if a vehicle breaks a sprinkler. Contractors or homeowners doing repairs that are deemed to cause damage; Homeowners will be billed for said repair.
3.Garbage is collected on Monday and Thursdays, cans and bags must be curbside by 7:00 a.m. Papers, aluminum cans and bottles coded for recycling is only on Thursday, bulk pickup is on Monday.
4.Each homeowner has been provided with a 1 or 2 car driveway. No additional driveway extensions are permitted without the approval of the Board of the Directors. No gravel, blacktop or paved parking strips are permitted, except as approved in writing by the Board of Directors.
5.No sign of any nature whatsoever shall be erected or displayed. Exceptions: “For Sale” signs. All signs must have written approval of the size, shape, content and location from the Board of Directors. No political signs in the common areas.
6.The parking of vehicles upon any area in the community except upon paved areas is prohibited. Overnight parking or storage of boats, boat trailers, trucks, commercial vehicles, vehicles displaying commercial lettering RVs, personal watercraft, is prohibited to be stored on or within the community at any time. This is also enforceable by the City of Tamarac.
7.The Broward Sheriff Office may ticket vehicles parked overnight on the streets.
8.Parking on the grass is prohibited. Any vehicle that's parked unlawfully or not in compliance with state county, city laws and or in violation of Tamarac Lakes section 1 & 2 rules and regulations may be subject to towing and removal at the car owner’s expense.
9.All homeowners must have their grass cut at least twice a month. This includes bank and Financial Institution owned and managed foreclosed properties.
10.Roofs, home exteriors, lawns and driveways of homes shall be maintained in a manner to comply with the City of Tamarac’s Code Enforcement. Homes must be in compliance before rental or purchase applications will be approved.
11.Noises within the home should be maintained at a level so as not to disturb your neighbors. This includes blaring TVs and stereos, uncontrolled animals and domestic situations.
12.All homes must be painted white and all roofs must be white tile or white or light gray shingles. Trim may be any color but must be approved by the Board of Directors.
13.All fences must be approved by the Board of Directors prior to obtaining a City of Tamarac Building Permit.
14.Back yards should not accumulate any debris or be used as a storage area that creates any eyesore for your neighbors.
15.Automobile repairs are not permitted. Only emergency repairs are allowed according to Tamarac City Code. Changing oil, tune-ups, brake work, etc. is a violation of the City of Tamarac Code.
16.The Speed limit in our community is 15 MPH! Please obey stop signs & all traffic rules.
17.Anyone including Banks, Financial Institutions or new owners must notify the Association prior to purchase or accepting title. Banks or new owners will have 10 days to notify the Association and complete a New Owner packet including paying all outstanding fees. The property must then be brought into compliance with rules and regulations.
18.No trade, business, profession or any other type of commercial activity shall be conducted from your property.
19.All sheds must be approved by the Board of Directors prior to permitting. Once approved by the Board, the Association will issue the homeowner an approval letter. This approval should be taken to the City of Tamarac for a permit.
20.Any person that has been asked to leave the Board of Directors or recalled from any office, for any reason, will not be eligible to run in future elections.
21.All Homeowners and Banks or Financial Institutions or Managed properties must pay their association dues on time. All fines and penalties must be paid within 30 days unless an agreement has been reached between the resident and the board of directors. Any outstanding balances will be subject to legal action. Any legal action filled will be billed to owners account for failure to pay dues and or penalties. The association must make a reasonable effort to collect outstanding balances as the outstanding balances affect the entire community.
22. Anti-bullying. All Homeowners and other residents have a right to peace and quiet, and an environment free from bullying and harassment. Harassment defined, words, gestures or actions that tend to annoy, alarm, harass or abuse another person. Members or other residents shall not engage in any abusive, threatening or harassing behavior, either verbal or physical, telephonic, email, written or any form of intimidation or aggression directed at other members, residents, guests, occupants, invitees, or directed at Management, its agents, the Board of Directors, employees, or vendors. Anyone violating this provision may be subject to fines and penalties up to $100.00 per violation.
23. The Community has a video surveillance system. This system is used at the sole discretion of the Board of Directors. If an incident occurs individual homeowners must contact the Association and File the appropriate police report to obtain copies of video.
II. RULES: POOL AREAS
The pool is for the use of residents and guests of Tamarac Lakes Sections I and II. Swim at your own risk. Tamarac Lakes Sections I and II assume no liability or responsibility.
If an owner/resident or tenant or guest causes damage to TEMS association property, the owner will responsible for all damaged and repairs. If the homeowners HOA are not current within 90 days, the Association will block said owner/tenant or guest from using the recreational facilities. Copies of the pool key are not permitted. Allowing unauthorized guest into the pool area may be grounds for ejection from the pool and a violation being issued to the homeowner.
Pool Hours: Dawn to Dusk
Maximum bathers: 31
1.Children still in diapers or not potty trained will not be allowed in the pool without waterproof diapers or rubber pants.
2.Children 16 and under must be accompanied by an adult (21 years or older) for admission to the pool area. The adult must exercise supervision over the child for its safety.
3.Everyone must shower completely before entering the pool.
4.No soap, oils, lotions or creams can be used in the pool area or pool. Exception is sun block.
5.No horseplay, running or diving is allowed. No play equipment or games are allowed in the water or pool area.
6.NO ALCOHOL or glass containers in the pool area.
7.NO EATING in the pool area.
8. Lounge chairs must be kept six (6) feet away from the pool edge.
9. Making unauthorized copies of the pool key is not allowed.
No loud Radios at the pool and patio areas.
Anyone caught jumping the fence or allowing unauthorized people into the pool area may be fined and lose pool privileges.
The Board of Directors sets the pool heaters and pool systems. Anyone caught tampering with TEMS equipment will be subject to civil and criminal liabilities as well as fined by the association.
III.RESTRICTIONS FOR CLUBHOUSE & PICNIC AREA EVENTS
1.The maximum occupancy for the clubhouse is 107 persons.
2.No organizations or commercial ventures may use the clubhouse without prior approval from the Board of Directors.
3.Party giver must be a responsible owner/ resident in good standings with TEMS Association and must remain on the premises during the entire function.
4.Music must be turned off at 11:00 pm. Clubhouse is to be closed by midnight. All glass sliding doors must be locked, all lights turned off, windows closed tightly and all fans turned off. All garbage bags are to be placed on the east side of the Clubhouse by the pool gate.
5.Any owner wishing to utilize the clubhouse or picnic area for a private party must contact the TEMS office and fill out the applications for reserving these areas. All applicants reserving these areas are given permission by TEMS Association.
6.Residents must submit a $150.00 refundable security deposit and a $200.00 usage fee for the clubhouse. Two separate checks made payable to TEMS Civic Association. A $75.00 refundable security deposit is required for the picnic area. The deposit is given back only after inspection.
7.Clubhouse and picnic area must be left in the same condition found in order to receive the security check back.
8.TEMS Homeowners Association has priority use of the clubhouse and picnic area.
9.If the Clubhouse or pavilion area is not properly cleaned up after a party or event, the man-hours used to clean up the area will be deducted from the deposit.
IV.SALES AND/OR LEASING
All Homeowners and/or Realtors must receive approval from the Homeowners Association prior to either the lease or rental of their property. Homeowners must be current on all maintenance dues before leasing or renting will be approved. Background checks will be performed on anyone wishing to reside in our community. Applications are available from the Association.
No houses or property may be leased or rented for a period of 5 full years from time title is taken. Violators will be subject to eviction and penalties. The Clock will re-set for the entire 5 years.
No owner will be permitted to lease their home/lot until such time that he/she becomes current with the payments of the assessments due. Any owner who becomes delinquent in the payment of assessments, after lease has approved by the Association must direct that his/her tenant pay all rental amounts directly to the Association until such time that the payment of assessments becomes current. All leases shall be on forms approved by the Association and shall provide that the Association shall have the right to terminate the lease upon default by the tenant or occupant in observing any of the provisions of these Use in Building restrictions, Articles of Incorporation, By-Laws and Rules and Regulations of the Association as presently existing or as subsequently amended. All leasing and occupancy shall be subject to the prior written approval of the Association as provided herein.
Prior to leasing agreement and background application processing, the owners home must be in full compliance with Tamarac Lakes section 1 and 2 rules and regulations and deed restrictions. Any outdistancing balances must be paid before board approval of leasing agreement. In accordance to Florida law chapter 720, the owner of a rental property who fails to pay their dues, fines or penalties, the association may collect the rent from the current tenant to pay the outstanding balance left on the account. In addition there will be a $100 administration charge for the above procedure.
If the house is found rented/occupied without following proper TEMS Association rental procedure, there will be an automatic $500 fine and $100 per day penalty until the situation is resolved. Example; an owner fails to properly register tenant on January 1st, they will receive a $500 penalty, if they don't resolve the situation until January 5th, they will receive $100 day penalty until it is resolved, totaling a penalty of $1000.
Effective January 1, 2016 all rental properties will be required to pay a 25.00 surcharge with the General Maintenance each month. Rental house owners must submit copy a current lease each year.
Rented properties may only be occupied one time per year. January to December. Leases should reflect this accordingly. Example… if the property becomes vacant in November, the Owner must wait until January to re-rent the house.
The City of Tamarac Municipal code of laws, Chapter 4, deals with the responsibility of residents in the control of their pets.
No one is allowed to feed the ducks, alligators or stray cats in the Community. If you have a concern about the health or safety of a stray or wild animal please contact animal control. There is a fine up to 100.00 for feeding wild or non-domesticated animals.
No animals are allowed to roam at large. Animals must be contained or on a leash of not longer than (6) feet when off the premises. Owners of pets are liable for any damage to another’s property.
Persons walking an animal are required to remove excrements left by the animal on any property other than the owner’s property. This provision is waived to blind persons assisted by a Seeing Eye dog. Persons convicted of violation of this ordinance can be fined up to $500.00.
The City of Tamarac adopted the “Pit Bull Law” on September 14. 1985: the day after the county passed the law. Pit bulls must be registered with the Code Enforcement and the owner needs to carry insurance. The ordinance also mandates the pit bull owner keep the animal either in their home or in an enclosed pen with a roof. If the dogs are taken outside they must be kept on a leash no more than 6 feet and muzzled. A copy of the insurance policy has to be in our file in the office to protect the neighbors and yourself.
Effective January 1, 2016 new owners are not permitted to have more than 2 dogs and two cats. This only applies to dogs and cats and does not restrict any other indoor pets. Current owners may be grandfathered in as it relates to this rule. Pit bulls are not permitted in the Community. Mixed breeds may be subject to DNA testing to prove or disprove a pit bull claim. This will be done at the owner’s expense. (see Brooks vs.Tems).
WE DO NOT ALLOW PIT BULLS INTO OUR COMMUNITY
VI.SATELLITE DISH REGULATIONS
All satellite dishes must be installed on the sides or the backyards of owners’ homes. Satellite dishes are prohibited in the front yards or installed on the front of the home. Any large satellite dishes require a City of Tamarac permit.
VII. SCHEDULE OF FINES VIOLATION OF RULES
Category 1: $50.00 Fine
Parking area violation
D. Swimming pool violation
E. Vehicle maintenance violation
F. Fining Board fee is 50.00
Category 2: $100.00 Fine
Failure to follow rental rules and or screening of new tenants or property owners. to include banks, loan servicing companies, contractors, subcontractors and their agents.
Violation of Security rules or committing a crime on TEMS property.
Failure to maintain property in accordance with rules, regulations, bylaws or Deed Restrictions.
Any violation of any rule, bylaw, deed restriction or covenant not mentioned here.
Willful and deliberate violations not mentioned in any other category where the Association could become liable for injury to the violator and/or to others, or where damage to, or destruction of, or tampering with property which the Association would be obligated to repair, replace or rectify, as a possible consequence.
RENTAL or LEASED house may only be RENTED or LEASED one time PER Calendar year.
Fines shall be in the amounts deemed necessary by the Board to deter future violations, but in no event shall any fine exceed one hundred dollars ($100.00) per violation. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. With reference to failing to properly screen a tenant, or failure to submit to a back ground check, the violation is a new violation each day until the situation is remedied. The purpose of imposing fines shall be as follows:
1.Notice: The party against whom to fine is to be levied shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days, in the notice shall include:
1.1A statement of the date, time and place of the hearing;
1.2A The sections of rules. building Restrictions, Articles of Incorporation, By-Laws are alleged to have been violated;
1.3A short and plain statement of specific facts giving rise to the alleged violation(s);
1.4The possible amounts of any proposed fine.
2.Hearing: At the hearing the party against whom to find may be levied shall have a reasonable opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimonies presented by the Association. The hearing shall be conducted before a panel of three (3) Owners appointed by the Board, none of whom may then be serving as directors. If the committee, by majority vote, does not agree with the fine, it may not be levied.
3.Any fine not paid within thirty (30) days of the due date shall become a lien on the lot, which lien shall secure the fine, interest and reasonable attorneys fees and costs incurred by the Association incident to the levying and/or collection of the fine, whether incurred before, during or after the lien foreclosure suit and regardless of whether suit is instituted or not. The lien is perfected upon the filing of the claim of lien in the Public Records of Broward County, Florida, and shall be in effect until barred by law. The Association may bring an action in its name to foreclosure its lien for unpaid fines and may also bring an action to recover money judgment for the unpaid fines, attorney fees, interest and costs, without waiving any lien rights.
VIII. MONTHLY DUES & PAYMENT INFORMATION
Monthly maintenance fee of $60.00 is due of on the first of each month. A late charge of $25.00 will be imposed if received after the twentieth (20th) of the month.
PAYMENT MAILING INFORMATION
All maintenance checks are made payable to:
TEMS ASSOCIATION, INC.
1751 NW 45th Court
Tamarac, FL 33309
TEMS Office: .......................................................
TEMS President’s Cell Phone: ...........................
(for emergency only)
TEMS Fax: ..........................................................
TEMS E-Mail: .....................................................
Sprinkler Repair: .................................................
City of Tamarac Code Enforcement: ................
BSO (non-emergency): ........................................
BSO EMERGENCY: ..........................................
Acknowledgment of Rules & Regulations
Property Address: ___________________________________________________________