Claridge Condominium Association, Inc Pelican Bay Blvd. Naples, FL 34108

Transcription

1 Claridge Condominium Association, Inc Pelican Bay Blvd. Naples, FL APPROVAL OF HURRICANE SHUTTERS PROCEDURES RESOLUTION OF THE BOARD OF DIRECTORS AT THE CLARIDGE WHEREAS, Claridge Condominium Association, Inc. (hereinafter referred to as the Association or The Claridge ) is the corporate entity responsible for the maintenance and preservation of the residential dwelling units in the condominium commonly known as The Claridge, located in Pelican Bay, Collier County; and WHEREAS, under Section (5), Florida Statutes, the Association shall adopt Hurricane Shutter specifications, that include color, style and other factors deemed relevant by the Board. WHEREAS, (hereinafter referred to as Owner ) is the record title holder of Unit No., The Claridge, a condominium, together with the pro rata interest in the Common Elements and Common Property of the Condominium and Limited Common Elements appurtenant thereto; and WHEREAS, Owner desires to install Hurricane Shutters, specifications per attached; and WHEREAS, Association and Owner desire to more fully set forth their legal obligations relative to said proposed installation of Hurricane Shutters. BE IT RESOLVED: General Hurricane Shutters are prohibited, except as same may be approved by the Board in accordance with this Resolution. Definitions A. Association means the Claridge Condominium Association, Inc. B. Hurricane Shutter means any device, installation, equipment or appliance, affixed or attached in any manner to any portion of the building, permanently or temporarily, so as to be visible from the exterior of the building, which is used, either directly or indirectly, as its main purpose, or incidental to its main purpose, as protection against storm damage, water penetration by driven rain, wind damage or damage from physical objects or projectiles carried by wind or storm. Hurricane Shutter Approval-Claridge Page 1 of 4 Association Owner

2 Installation Request A. Owners desiring to install Hurricane Shutters on their unit shall apply to the Association by completing an Application for Approval to Proceed with Installation of Hurricane Shutters, attached hereto as Exhibit A, together with a complete set of plans and technical specification relative to the installation of said Hurricane Shutters, complying with Exhibit C attached hereto. B. The Application must be accompanied by the following items regarding the installing contractor, if there is not a valid copy of each currently on file with the Association; a copy of the contractor s Occupational License and a Certificate of Competency or Contractor s License valid in this municipality, and a set of drawings certified by a licensed Florida engineer that the product complies with applicable building codes. C. Within twenty (20) days subsequent to receipt of the written request (Exhibit A ) and accompanying documentation, the Board shall either approve or disapprove the proposed installation of the Hurricane Shutters (Exhibit B ). D. The Master Association of The Claridge, The Pelican Bay Foundation, also requires approval of any exterior alteration of any condominium within its Master Association. Owner is responsible for the application process required by the Master Association. E. Installation of hurricane shutters shall also be subject to all of the rules and regulations contained within the Contractor/Building Trade Rules of the Claridge Condominium Association attached hereto as Exhibit D. Insurance and License Requirements A. All contractors, subcontractors and building trades working on Claridge premises must be currently licensed as required by the State and County and must carry public liability insurance with limits of at least $1,000,000 which provides that The Claridge Condominium Association, Inc. is an additional named insured. Contractors must also carry workers compensation coverage (unless the job is performed entirely by a single self-employed person). Hurricane Shutter Approval-Claridge Association Page 2 of 4 Owner

3 Unit Owner Responsibilities A. Owner agrees to be responsible for all costs and expenses incurred in the installation, maintenance and upkeep of the Hurricane Shutters and for all insurance necessary. Owner agrees to permit the Association to inspect the Hurricane Shutters as the Association deems necessary to ensure compliance with the Rules and Regulations and this Agreement. B. Owner assumes all responsibility for procuring, buying and/or obtaining all necessary Building and Zoning Permits, variances and adherence to any and all other procedures outlined for the construction, installation and maintenance of the Hurricane Shutters described herein by all city, county, state, federal and other governmental and regulatory entities having jurisdiction over the work, including compliance with applicable building codes. C. Owner agrees to construct and properly maintain the Hurricane Shutters. If Owner fails to maintain the Hurricane Shutters as required herein, after ten (10) days written notice from the Association to Owner, Association shall have the right to perform, or have performed, any required maintenance or repair work as reasonably determined by the Association. The Owner hereby agrees to be personally responsible for all costs thus incurred and grants Association a lien right against the Owner s Unit referred to herein in order to secure payment of any such sums. Said lien shall be foreclosable in the same fashion as liens granted to the Association in the Association documents for non-payment of Assessments. D. It is understood and agreed that the Association will review and approve or take appropriate action upon an Owner s submittal, but only for the limited purpose of checking conformance with information given and aesthetics required by the Rules and Regulations. Review of these submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and engineering, or for substantiating instructions for installation or performance or equipment or systems, all of which remain the responsibility of the Owner. The Association review of an Owner s submittals shall not relieve the Owner or its Contractor of the obligations provided by the Rules and Regulations. E. Owner agrees to indemnify, defend and hold harmless the Association from any and all claims, actions, costs or expenses of any nature whatsoever, including but not limited to attorney s fees, arising out of or because of the construction, installation, replacement, repair and/or maintenance of the Hurricane Shutters described above and/or preparation and execution of this Agreement. Hurricane Shutter Approval-Claridge Page 3 of 4 Association Owner

4 F. Owner agrees to be responsible for any damages to the limited and common property or other units within the Condominium, which is caused as a result of the construction, installation, replacement, repair or maintenance of the Hurricane Shutters described herein. G. It is expressly understood and agreed by Owner that this instrument shall be binding upon Owner and his heirs, successors in interest, and assigns. Adopted by the Board of Directors of the Claridge Condominium Association, Inc., Collier County, Florida, this day of, This Resolution shall be effective from the date set forth until subsequently modified by further Resolution of the Board. OWNER(S) Adopted by the Board of Directors Dated: Hurricane Shutter Approval-Claridge Page 4 of 4 Association Owner

5 EXHIBIT A APPLICATION FOR APPROVAL TO PROCEED WITH THE INSTALLATION OF HURRICANE SHUTTERS TO: FROM: CLARIDGE CONDOMINIUM ASSOCIATION, INC PELICAN BAY BLVD. NAPLES, FL Name Unit Number SUBJECT: Application for Approval to Proceed For Installation of Hurricane Shutters It is requested that I (we) be permitted to proceed to install Hurricane Shutters, for the subject unit, according to the Association Board of Directors Resolution and Specifications. I (we) understand that in order to be approved, this application must be completed and submitted with all required documents outlined in the Association Board of Directors Resolution and Specifications. I (we) acknowledge, understand and agree to abide by the TERMS AND CONDITIONS and will make the installing contractor aware of same. I (we) understand and agree that I (we) am responsible for maintenance, installation, repaired and replacement of the installed Hurricane Shutters. Unit Owner Signature Date Unit Owner Signature Date For Association Use Date Received Exhibit A Page 1 of 2

6 EXHIBIT A, cont d THE CLARIDGE CONDOMINIUM ASSOCIATION, INC. TERMS AND CONDITIONS FOR APPROVAL AND INSTALLATION OF HURRICANE SHUTTERS The Board of Directors at it meeting on, 2012, adopted a Resolution entitled Hurricane Shutters Procedure which included specifications as described in Exhibit C of this document. These specifications establish minimum requirements for the approval process and installation of Hurricane Shutters. In addition to technical requirements which may be adopted by the Board, the following shall apply to such requests and approval thereof: A. Shutters shall be installed as per specifications as adopted by the Board. The shutter material and installation shall conform to the said Resolution and specifications. The Owner must include the installation plans of the installer in the Application for Approval. B. All costs in connection with the subject installation and materials shall be borne by the Owner and not by the Association. C. The Owner will be responsible to maintain the Hurricane Shutters, indemnify and hold the Association harmless from any costs or liability involved in the installation, maintenance, or restoration of the Hurricane Shutters. D. The Association has the right to demand that the owner maintain and repair the Hurricane Shutters and mechanism for operating same, and restore the area to its original condition in the event that the shutters are ever removed. E. If the Owner fails to undertake any of his obligations under these Terms and Conditions, the Owner and his successors in title agree to allow the Association access to the unit for maintenance, repair or restoration, and the owner agrees to pay the costs of that work, including attorney fees should the Association be required to bring an action to enforce the provisions of the document. Exhibit A Page 2 of 2

7 EXHIBIT B THE CLARIDGE CONDOMINIUM ASSOCIATION, INC. APPROVAL TO PROCEED WITH INSTALLATION OF HURRICANE SHUTTERS TO: (OWNER) (UNIT NUMBER) SUBJECT: Approval to Install Hurricane Shutters THE ATTACHED APPLICATION TO PROCEED WAS: APPROVED DISAPPROVED On this day of, 20. Authorized Board Signature: Printed Name: Position/Title: Date: Exhibit B Page 1 of 1

8 EXHIBIT C THE CLARIDGE CONDOMINIUM ASSOCIATION, INC. TECHNICAL SPECIFICATIONS FOR HURRICANE SHUTTERS A. The materials, equipment, installation and construction used, which is incorporated into or part of the Hurricane Shutter shall conform, in all respects, to the requirements of construction established by any Federal, State, County and local government agency having jurisdiction over construction in the Condominium regarding Hurricane Shutter wind load requirements. B. No Hurricane Shutter shall be permitted or approved, unless evidence is submitted verifying that the product has been tested by a licensed Florida engineer to meet any Federal, State, County and local wind load requirements of construction established by the government agency having jurisdiction over construction. C. Contractor shall obtain all permits required for Shutter Installations. D. Type of Shutters: Hurricane Shutters must be motorized roll down with 2-4 inch horizontal slats. All Hurricane Shutters and any integral parts thereof must be white in color. This includes the slats, frames, tracks, storm bars and any other visible part of the shutter. E. Installation: On the lanais, the shutters must be inside the screens. F. Motor speeds to be circuit matched to provide uniform travel speeds per switch. G. No hurricane shutter shall be permitted or approved, unless the materials used, incorporated into or a part of the hurricane shutter shall be, at a minimum, as follows: a. TYPE OF SHUTTER WILL BE ROLL DOWN ONLY, ROLL-A-WAY OR EQUIVALENT, UNLESS SPECIAL JOBSITE CONDITIONS REQUIRE OTHER SYSTEMS. b. MATERIALS: Slats will be aluminum. Vertical storm bars must be aluminum. Side tracks must be aluminum. Rain dam (water seal) must be aluminum. Shutter box will be aluminum. All lag bolts, T-bolts, screws, etc., must be stainless steel. Pop rivets must be aluminum. H. Shutters will be remotely controlled from inside the building, electric or mechanically. If electrically controlled, the shutter will also have mechanical back up for manual operation. Exhibit C Page 1 of 2

9 EXHIBIT C, cont d I. On porches, lanais and balconies on the West side of the building, shutters must be inside of screen or against sliding glass doors. On porches without screens on the West side, the shutters must be against sliding glass doors not at hand rails. On sliding doors on the East side, shutters may be on the exterior. J. Fastener / Attachment / Specifications: Shutter box, and all attachments must meet or exceed requirements pursuant to paragraph C above. All bolts must be stainless, ¼ diameter or larger. Shutter side tracks must not be attached to the screen enclosure. The shutter installation must be free standing. They must be attached to the slab ceiling and floor. The shutter box that houses the shutter when rolled up must be at the uppermost point of the screen enclosure. The rain dam (water seal) must be sealed to the floor with either rubber gasket or one part urethane to insure a water tight seal. Weep holes must be provided in sufficient size to allow proper water drainage under the screen enclosure. K. Contractor shall provide any and all rigging, manpower or flagmen necessary to facilitate hoisting. L. Contractor and Hurricane Shutter installation shall comply with all rules and regulations for The Claridge. Exhibit C Page 2 of 2

10 EXHIBIT D CONTRACTOR/BUILDING TRADES RULES This applies to contractors and building trades, including painters and movers working on The Claridge premises. Unit owners are responsible to the Association and other Owners for the conduct on the Claridge premises of persons and firms they engage or who are engaged by their lessees or other occupants of their units. This responsibility includes ensuring that all persons engaged to work in their units are aware of and committed to comply with the applicable Association work rules. This responsibility also includes the proper common area protection of elevator lobby floors, carpeting and walls plus the cost of cleaning up and removing any materials, equipment or trash on a daily basis and the cost of repairing any common area damages and any required cleaning of carpets, tile, elevators and service garage area during and after the renovation work. Insurance and License Requirements All contractors, subcontractors and building trades working on Claridge premises must be currently licensed as required by the State and County and must carry public liability insurance with limits of at least $1,000,000 which provides that The Claridge Condominium Association, Inc. is an additional named insured. Contractors must also carry workers compensation coverage (unless the job is performed entirely by a single self-employed person). Check in at office Owner(s) must contact the office and follow up in writing by fax or to authorize access to their unit for all contractors and vendors. Contractors and building trades must register at the office. If front desk/office is providing a key for unit access, it will be necessary to leave a set of keys (or driver s license) at the front desk/management office. These items will be secured at front desk/management office until unit owner s keys are returned. Parking Parking is permitted at the south end of the building only. Parking is prohibited at the front entrance. Building/Unit Entry and Exit Contractors, subcontractors and other building trades and movers must enter and leave the building only through the garage level elevators to enter or exit the building or access units. Elevator Usage Contractors, subcontractors, other building trades and movers must ALWAYS use the service elevator. These are marked as Elevator #2 and Elevator #4. Owner(s) must call ahead to reserve the service elevator so that it can be padded and scheduled for only one contractor at a time. Elevators can be locked out for contractor use when moving items such as furniture, tile, etc. Ask at front desk to have elevator locked out. Elevators will be inspected prior to and after use. Exhibit D Page 1 of 3

11 Exhibit D, cont d Working Hours Contractors, subcontractors, other building trades and movers are permitted to enter the property after 8:00 AM. Work may be done between the hours of 8:00 AM and 4:00 PM Monday through Friday except for holidays. No exception without management approval. Keys for unit access can be signed out starting at 8:00 AM and must be returned no later than 4:00 PM. No weekend hours will be permitted without prior approval of management. Smoke Detectors If there is a possibility of potential dust, smoke, fumes, etc. created by their work, those responsible are expected to cover all smoke detectors during the working period. If leaving the area for any reason, including lunch, smoke detectors will be uncovered, then recovered upon return. If fire alarm is activated due to lack of compliance, or other actions of the contractor, subcontractor or building trades, the person or company responsible will be required to pay any fine charged to the Association by the fire department. Removal of Trash Contractors, subcontractors or building trades are responsible for removal of all trash and debris created by their work from the Claridge premises including any that might have fallen from balconies or garbage disposal facilities. The Claridge trash chutes are not to be used. Public Facilities There are men s and ladies restrooms on the lobby floor of the building. Please do not use owner s restrooms. Common area grounds cannot be used for lunches or breaks. Exhibit D Page 2 of 3

12 EXHIBIT D, Cont d This document is an Agreement between the Claridge Condominium Association and the undersigned Contractor and the Unit Owner of Unit. The undersigned Contractor, by his signature agrees that his Company and its subcontractors commit to comply with the Claridge work rules described in this agreement. The Unit Owner agrees that they are responsible for overseeing the Contractor(s) cause to the common areas. Company Name (printed) Date Contractor/Building Trade Name Unit # Working In Signature Phone Number Unit Owner Date Exhibit D Page 3 of 3