NAPLES FOUR WINDS INC. RULES AND REGULATIONS Adopted by the Four Winds Board April 15, 2014 TABLE OF CONTENTS Pages INTRODUCTION...

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1 1 NAPLES FOUR WINDS INC. RULES AND REGULATIONS Adopted by the Four Winds Board April 15, 2014 TABLE OF CONTENTS Pages INTRODUCTION MANAGEMENT FIRM (MF) RETAINED BY FOUR WINDS... 2 CONDOMINIUM UNITS Age of Owners & Occupants Children Guests Pets & Other Animals Nuisances Leasing Units Maintenance and Changes to Condominium Units Including Windows, Doors, Lanais, Floors, & Hurricane Shutters) Air Conditioning Maintenance, Water Heaters, Dishwashers Pest Control Safety Precautions When No One in Occupancy in Units Informing Management Firm & Emergency Contacts When Unit Owners/Lessees Not In Residence Access to Units Ownership of Units... 6 COMMON ELEMENTS External Walkways & Stairways Clotheslines Outside Cooking Bicycles Storage of Other Personal Items Household Garbage, Hazardous Materials, Large Items, & Recyclables Landscaping Tennis Court Swimming Pool & Chickee Hut Signs Assessments & Liens... 8 LIMITED COMMON ELEMENTS Parking Spaces Dock Space Use Exclusive Use: Transfer Use Rights Signs... 9 INSURANCE... 9 UNIT OWNER PARTICIPATION AT BOARD MEETINGS... 9 COMMITTEES... 9 FOUR WINDS BUILDING REPRESENTATIVES... 9 QUESTIONS AND SUGGESTIONS REQUESTS AND COMPLAINTS EMERGENCIES AMENDING FOUR WINDS OFFICIAL CONDOMINIUM DOCUMENTS ATTACHMENT A FOUR WINDS FORMS LIST ATTACHMENT B: RULES & REGULATIONS AFFIRMATION

2 INTRODUCTION 2 These Rules and Regulations dated April 15, 2014 supersede and replace the Four Winds Rules and Regulations dated January Four Winds Rule and Regulations must be consistent with the Recorded Governing Documents for Four Winds, including the Amended and Restated Declaration of Condominium of Four Winds, A Condominium (DOC), the Amended and Restated Articles of Incorporation of Naples Four Winds Inc. (Articles), and the Amended and Restated Bylaws of Naples Four Winds Inc. (Bylaws). Using the abbreviation DOC and the terms Article and Bylaw, throughout this document references are made to parts of the Recorded Governing Documents that provide the basis for these Rules and Regulations, as well as providing additional information important for Four Winds owners and lessees. These Rules and Regulations, therefore, should be used in combination with the Four Winds DOC, Articles, and Bylaws, recognizing that if there is a conflict these official documents take precedence over these Rules and Regulations. (Also, see DOC Sections 23.3 & 23.4). The Board has the responsibility to ensure compliance with the Rules and Regulations and all Unit owners and lessees must sign an affirmation form stating they have received and read a copy of the Four Winds Rules and Regulations and agree to abide by them (see Attachment B to this document). (Also, see DOC Sections 9.7 & 20 and Section 8 of the Bylaws.) Section 7 of the Four Winds Bylaws states the following: The Board of Directors may, from time to time, adopt and amend administrative Rules and Regulations governing the use, maintenance, management, and control of the Condominium Property and the operation of the Association... Any rule or regulation created and approved by the Board must be reasonably related to the promotion of the health, happiness and peace of mind of the Unit owners, and uniformly applied and enforced. (See Section VII of the Articles and Sections 4, 5, 6, and 8 of the Bylaws for information about Board Directors and Officers, including qualifications, election, and responsibilities.) These Rules and Regulations have been designed to promote the above, to preserve the value of Unit owners investments at Four Winds, and to help assure the comfort, convenience, and privacy for those living at Four Winds. In order to achieve these purposes it is important that these Rules and Regulations be applied with common sense, respect, and sensitivity. If you have questions, comments, or suggestions for these Rules and Regulations you are encouraged to share these with the Four Winds Board. MANAGEMENT FIRM (MF) RETAINED BY FOUR WINDS Consistent with DOC Section 12.3 Four Winds has retained a Management Firm (MF) to assist with the operation and maintenance of Four Winds. In addition to other duties the MF has been asked to maintain the forms mentioned in these Rules and Regulations that are required to be completed for various actions, such as purchasing Units, leasing Units, leasing dock user rights, guests when not in residence, and changing Unit flooring. A list of Four Winds forms that may be obtained from the MF is provided in Attachment A of this document. (Contact information for the Four Winds Management Firm is included in Attachment B to this document and in the Four Winds on Naples Bay Resident Directory.) 2

3 CONDOMINIUM UNITS 3 1. Age of Owners & Occupants: Four Winds has been established to provide housing primarily for persons 55 years and above and there are restrictions for Unit occupancy by persons under age 12 years; see #2 immediately below. The Housing for Older Persons Act (1995) provides information about such housing, including the need to have at least one occupant above age 55 in all Units in order to maintain this housing designation. Please see DOC Section 10.2 for exceptions to this. (See DOC Sections 4.3, 10, & 11.1.) 2. Children: Minors under the age of 12 are permitted to visit and temporarily occupy Units with their parents or guardians for up to 21 days each summer season and 21 days each winter season. The summer season is defined as July 1 st through December 31 st of each year and the winter season is defined as January 1 st through June 30 th of each year. All days, daily visits or overnights, are included in each 21 day period whether consecutive or not. All minors must be closely supervised. (See DOC Sections 11.1 & 11.5.) 3. Guests: A. Unit owners and their spouses /live-in partners parents, children, brothers, sisters, and grandchildren 21 years of age or over may occupy Units in the absence of Unit owners (each a relative ). Relatives spouses and children may also accompany relatives. B. With respect to all other guests that are not relatives as defined above: 1) If Unit owners will be present some but not all of the time during these guest stays then Unit owners must contact the Management Firm to register these guests prior to the date Unit owners/lessees will not be present. 2) If Unit owners will not be present any of the time during these guest stays then such stays are counted as leases and a form to register these guests must be completed and submitted to the Management Firm prior to guests arrival. 3) Each guest may stay up to a maximum of 30 days in any calendar year (see DOC Section 11.2). C. Day guests (those who do not remain in the Units overnight) may use the pool and tennis court only when Unit owners/lessees are present at Four Winds. D. All guests should be advised of these Four Winds Rules and Regulations so that they may conduct themselves in accordance with them. Also, see DOC Sections 4.11, 10.4B, 11.3, 11.4, 14.4, 14.5,14.6 & Pets & Other Animals: A. No animals may be kept in any Unit without the prior written approval of the Board of Directors. Forms for obtaining this approval may be obtained from the Four Winds Management Firm. B. With prior written Board approval cats, birds, and aquarium fish are generally permitted. Pet dogs, pet snakes, pet rabbits, or any exotic" pets are not permitted on Four Winds Property at any time. C. Approved animals must be leashed or carried at all times when outside of Units. D. If Board approved animals become nuisances to Four Winds residents, approval may be withdrawn, and the animals required to be removed from Four Winds. 3

4 E. In accordance with applicable law the feeding of wild animals, including feral cats, on Four Winds property is prohibited. 4 F. See DOC Section 11.6 for further guidance relevant to pets and other animals. 5. Nuisances: The use of each Unit shall be consistent with the existing laws and the condominium documents, and Occupants shall at all times conduct themselves in a peaceful and orderly manner. Residents may not operate clothes washers, clothes dryers, or dishwashers between 10:00 pm and 8:00 am. Sound producing instruments such as TVs and media players (for example ipods and CD players) must be operated at a sound level that is not objectionable to neighbors. All moveable furniture located on hard floors and located in lanais regardless of flooring should have the legs capped or bottom of legs covered with sound reducing material. (See DOC Section 11.7). 6. Leasing Units: All potential lessees must complete lessee application forms and submit these applications and application fee of one hundred dollars ($100) to the Management Firm. All lease applications are reviewed and must be approved by the Board prior to the commencement of lease terms. An application fee is not required for a renewal or extension of a lease with the same lessee. Regulations for leasing Units are provided in the DOC Section 14. It is the obligation of Unit owners to ensure that lessees of their Units are provided copies of the Four Winds Rules and Regulations and that lessees agree to abide by them. (See also DOC Sections 4.13, 10.4, & 20.1.) 7. Maintenance and Changes to Condominium Units Including Windows, Doors, Lanais, Floors & Hurricane Shutters: A. See Declaration Sections 9 for Association and Unit owner general maintenance responsibilities. B. Forms detailing proposed substantial material alterations or additions to Units must be submitted to the Board for review and approval prior to making the proposed changes. This includes: (1) windows and doors [DOC Sections 9.3(D) & 9.5]; (2) lanais [DOC Sections 8.1(C), 9.3(A), & 9.10], (3) floors [DOC Section 9.3(C)], and (4) hurricane shutters (DOC Section 9.11). C. Screen/Storm Doors must be white and they must be mounted immediately adjacent to Unit main entry doors. D. Windows must be single hung or "double hung" style, white in color, with horizontal braces across the centers of both sashes and must have half screens. The window glass must be low E, clear, or gray tint and the window frame extrusions must be no wider than 4 1/2 inches when measured from the exterior of the building. Windows must conform to current Florida Hurricane Code standards. E. All new sliding glass doors (patio doors) must be of current configuration, white frames, and conform to current Florida Hurricane Code standards. Glass color must be low E, clear or gray with no colonial grids. 4

5 F. Hurricane shutters that are to be installed on lanais must be of the roll down type and either white aluminum or white or beige/bone colored hurricane rated fabric. Shutters and hurricane rated fabric may be motorized or have manual roller mechanisms and must be installed on the interior of lanais (inside the exterior screens and inside any currently existing lanai perimeter sliding glass doors/lanai enclosures) and must conform to current Florida Hurricane Code standards. G. Hurricane shutters to be installed to protect single or double hung type windows must be installed on the exterior of units and shall be of roll down type, white aluminum, and may be either motorized or manual. The tracks for the roll down shutter as well as the top roller mechanism shall be white, mounted on the white trim, and must conform to the latest Florida Hurricane Code standards. H. When applicable all work must be performed by licensed and insured contractors in accordance with state, county, and city laws. [See DOC Section 9.3(G).] I. During November through April remodeling construction work should not begin before 8 a.m. and should cease by 5 p.m. From May through October this schedule should be followed if Unit owners/lessees next to, above, or below the Units being remodeled are in occupancy unless Unit owners agree that work may begin at a specified time prior to 8 a.m. and/or may continue to a specified time after 5 p.m. 5 J For remodeling projects contractors must take away any related debris. No Unit job related dumpsters are permitted on Four Winds Property. 8. Air Conditioning Maintenance, Water Heaters, Dishwashers, Washing Machine Hoses: Unit owner responsibilities for these are discussed in DOC Section 9.3 (E). This Section Should be read carefully with special attention to the time frames included. 9. Pest Control: The Association provides pest control services for Units. Information needed to access this service is included in our Four Winds Directory and may be obtained from our Management Firm. (See DOC Section 9.9.) 10. Safety Precautions When No One in Occupancy in Units: A. For two days or longer water should be turned off at units' main water sources. B. For two weeks or longer water heater breakers should be turned off or water heater power cords disconnected. C. When Unit owners and lessees will be away for an extended period of time they should refer to the Four Winds Condo Close-down Guide that is included in the Four Winds on Naples Bay Resident Directory. 11. Informing Management Firm & Emergency Contacts When Unit Owners/Lessees Not in Residence: When Unit owners/lessees will not be in residence for two weeks or longer they are expected to inform the Four Winds Management Firm of this and they are encouraged to provide the Four Winds Management Firm with names, phone numbers, and addresses for local persons that may be contacted if emergencies arise. 5

6 6 12. Access to Units (see DOC Section 9.8): Unit owners not on the Master Key System must have entry door Unit keys in lock boxes attached to their front doors and provide the Management Firm (MF) or President with lock box combinations or they must provide two keys to their Units to the Management Firm (MF) or the President. For the latter one key is maintained by the MF and one by the President. 13. Ownership of Units: For information about forms of ownership and transfer of ownership for Units see DOC Section 15. Also, see DOC Sections 5, 6, 16.1, 17.1, 18.5, 18.6, & External Walkways & Stairways: COMMON ELEMENTS A. In order to comply with the Naples Fire Code, external walkways, railings, and stairways must be kept free of all items except for short-term necessities with the approval of the Board. B. Towels, laundry, or other articles may not be placed over railings. C. See DOC Section 11.9 for additional information. 2. Clotheslines may not be setup on Four Winds Common Element Property 3. Outside Cooking: Outside barbecue facilities (gas grills) are provided for the use of all residents. Persons using barbecues must ensure that they are turned off after use, and cleaned so the next persons may use them. If the barbecues have covers, please replace the covers after the barbecues have cooled. Outside cooking equipment may not be used on porches, lanais, balconies, external walkways, hallways, or stairwells. 4. Bicycles: Bicycles must be kept in racks provided for this purpose or in owners /lessees Units. Bicycles kept in the racks must be tagged with the names of Unit owners/ lessees. If space is available Unit owners/lessees should place bicycles in the racks provided below their respective buildings. Bicycles that are no longer used should be removed. When Unit owners/lessees are away from Units for extended periods of time bicycles should be placed in Units or removed from Four Winds Property. 5. Storage of Other Personal Items: Other than bicycles (see #3 immediately above) no personal items may be stored on Four Winds Common Element Property without written consent of the Board. 6. Household Garbage, Hazardous Materials, Large Items, & Recyclables: Household garbage must be placed in plastic bags designed for this purpose, securely tied, and placed in garbage dumpsters. Hazardous materials may not be placed in dumpsters. Large items (stoves, refrigerators, etc.) and carpeting should be placed on the grass near the exits to Four Winds and Naples Trash ( ) should be called to arrange pickup. This service is free except for plumbing items such as toilets and sinks. Costs for removing these items should be requested when calling. 6

7 7 Recyclables must be placed in receptacles provided and recyclable bottles, cans, and other containers must be rinsed before being placed in the appropriate receptacles. Cardboard containers and boxes should be broken down and flattened before being placed in the recycling receptacle. No plastic bags may be placed in recyclable receptacles. 7. Landscaping: Changes or additions to the trees, plants, and shrubs on Four Winds Property and any other landscaping changes or additions (for example, statues, fountains, and decorative lighting) must have Board approval prior to making these changes or additions. 8. Tennis Court: The Four Winds tennis court is for exclusive use of Unit owners in residence, their lessees, and their respective guests. Only tennis shoes are permitted when using the tennis court. The tennis court shall be used solely for playing tennis and pickleball, giving preference to adults. Players shall wear appropriate attire. Swimming attire and bare torsos are not permitted on the tennis court. (See DOC Section 11.11). 9. Swimming Pool & Chickee Hut: A. The Four Winds swimming pool is for the exclusive use of Unit owners in residence, their lessees, and their respective guests. B. The pool may be used from 7:00 a.m. to sunset. C. As per safety regulations, running, jumping, and diving are not allowed. D. Children under 12 years of age must be accompanied by at least one adult over 18 years of age capable of swimming. E. Proper bathing attire must be worn regardless of age; nudity is not permitted. F. Except for Noodles and foam balls, inflatable, or other types of rafts, floats, and other toys are not permitted In the pool. G. Children that are not potty trained are permitted in the pool provided they are wearing watertight rubber pants or an equivalent. H. Persons having open cuts, sores or any communicable disease are not permitted in the pool. I. Pool area users should recognize that they are in the immediate vicinity of private lanais and keep noise and commotion to a reasonable level. Radios, record players, tape recorders, and other sound producing equipment may only be used in the swimming pool and patio area with earphones. Cell phone use in the pool and patio area should be done with consideration of others. J. Pool furniture when being used should be covered with towels; this is especially important when suntan oils and creams are being used since they are destructive to the pool furniture. K. Food or drink in non-breakable containers is permitted; glass containers are not permitted. 7

8 L. It is the responsibility of persons using the pool area to leave it as they found it including returning furniture to their proper locations after use, retracting umbrellas if opened, and removing any items brought to the pool area. 8 M. Smoking is not permitted in the pool area or in the Chickee Hut. N. Pets are not permitted in the pool area. O. The Chickee Hut and its accompanying facilities are for the use of Unit owners and Unit lessees, and their guests. The Chickee Hut closes at 10:00 p.m. P. See rules posted in the pool area and DOC Section Signs: The Four Winds Board and Four Winds Committees may only post signs related to Four Winds Association business on Four Winds Condominium Property. Other than Open House signs during open house hours no persons may post or display signs on Four Winds Condominium property. This restriction includes building and motor vehicle windows and it applies to Limited Common Elements as well as Common Elements. (See DOC Section 11.8.) 11. Assessments and Liens: For information about assessments and special charges that may be levied and collected from Unit owners by the Board see DOC Sections 4.4 & 13 and Section 6.5 of the Bylaws. 1. Parking of Vehicles LIMITED COMMON ELEMENTS A. Each Unit has one assigned parking space [see DOC 8.1(A) & 11.10]. If a unit owner/lessee plans to leave a vehicle at Four Winds during the summer when s/he will not be in occupancy, the vehicle must be left in the assigned unit parking space and the Management Firm should be informed of this. B. Unit owners /lessees guests may park in guest parking spaces. If such parking results In parking problems the Board may address these problems via rules and regulations. C. See DOC Sections (A) for additional information about vehicle parking, including vehicles allowed and not allowed. 2. Docks Space Use: A. See DOC Sections 8.1(D), 8.2, 8.3, and B. The Board recommends that Unit owners with dock user rights carry liability insurance for their personal protection. C. Unit owners wishing to lease their dock use rights to another unit owner or lessee must submit a completed Dock User Rights Lease Form to the Management Firm and have this lease approved by the Board [see DOC Section (B)]. D. The Dock Committee Chair brings boat dock violations or irregularities to the attention of the Board for appropriate action. 3. Exclusive Use; Transfer of Use Rights: DOC Section 8.2 addresses transfer of use rights for limited common elements. 8

9 4. Signs: See #9 above under COMMON ELEMENTS. 9 INSURANCE Information about Unit Owner and Association insurance is provided in DOC Section 16. UNIT OWNER PARTICIPATION AT BOARD MEETINGS 1. Unit owners desiring to speak at Board Meetings are entitled to do so with respect to only designated agenda items until owners input time which occurs at the end of Board meetings. During this time owners may speak with respect to agenda items and items not on the agenda unless a meeting has been limited to agenda items only. Unit owners may not exceed more than three (3) minutes with respect to any subject upon which they are recognized to speak; however, the meeting chair or a majority of the Board may extend their time. (See Section 4.8 of Bylaws.) 2. Unit owners desiring to utilize audio or video recording equipment at Board Meetings must announce their intentions prior to the commencement of the meetings. The chair announces prior to the beginning of meetings that recordings are being done. 3. All recording equipment must be assembled and in position prior to commencement of meetings in the locations designated and no persons doing recordings are permitted to move about the meeting room with recording equipment. 4. Equipment that produces distracting sounds or light emissions is not permitted. NOTE: For information about Members Meetings see Section 3 of the Bylaws. COMMITTEES The Board has established the following Standing Committees to serve the Four Winds community: (1) Dock Committee, (2) Financial Committee, (3) Landscape Committee, (4) Long Range Planning Committee, (5) Maintenance Committee, and (6) Social Committee. The Board establishes Ad Hoc committees as needed to address specific Association needs. Committee Chairs are appointed by the Board with all other committee members being a joint decision of Committee Chairs and the Board. The Management Firm (MF) and the Board President maintain information about these committees, including current committee chairs. Please contact either the MF or the Board President if you wish information about these committees. (See Section 4.15 of the Bylaws.) FOUR WINDS BUILDING REPRSENTATIVES Building Representatives serve as Four Winds ambassadors, welcoming new Units owners and lessees and providing them with information about activities and expectations for Four Winds residents and visitors. They may assist residents in identifying their storage areas and in identifying storage areas from which items may need to be removed. They serve as monitors for Four Winds property and discuss what they observe with residents and the Board as may be helpful. Building Representatives help to ensure bicycles stored under the stairwells of their buildings have information on them that identify their owners and they help identify bicycles that may not be in current use. In addition, Building Representative may assist in informing residents as to actions that may be needed (for example, moving cars) in order that landscaping work, painting, and other Association projects may be completed. Names of Building Representatives 9

10 10 are listed in the Four Winds on Naples Bay Resident Directory and they may be obtained from the Management Firm and the Board. QUESTIONS AND SUGGESTIONS Questions or suggestions that may be addressed by Four Winds Committees should be discussed with the appropriate committee chairs. Other questions and suggestions should be directed to a Board member or to the Four Winds Management Firm (MF). As appropriate committee chairs share questions and suggestions submitted to them with the Board and they collaborate with the Board as may be helpful to reply to questions and suggestions. Questions and suggestions submitted to the Board and the MF in writing are acknowledged in writing and persons submitting questions and suggestions are informed of any action taken to respond to their questions and suggestions REQUESTS AND COMPLAINTS In order to ensure requests and complaints are accurately reported they must be submitted in writing by or postal mail to the Four Winds Management Firm (MF) or the Board President or Secretary. The MF, President, or Secretary acknowledges requests and complaints and informs all Board Directors and others as appropriate (for example, Four Winds Committee Chairs) of complaints received. The MF and Board follow-up to ensure requests and complaints are responded to in a timely and appropriate manner. The MF or Board informs requestors and complainants of actions that have been taken in response to requests and complaints. Copies of communication are sent to all Board Directors and others as appropriate. (See Bylaws 8.2 and 8.3.) EMERGENCIES If there are emergencies, such as water leaking into a Unit, the Management Firm (MF) should be contacted by telephone immediately. When emergencies are reported the MF notifies the Board via or telephone. The MF advises persons reporting emergencies of the actions that will be taken. In addition the MF advises the Board of the actions that will be taken and have been taken to address reported emergencies. The MF and Board follow-up to ensure emergencies are responded to in a timely and appropriate manner. AMENDING FOUR WINDS DECLARATION, ARTICLES, AND BYLAWS (NEW) For information on amending the Four Winds Declaration, Articles, and Bylaws see Section 22, of the DOC, Section VIII of the Articles, and Section 9 of the Bylaws. Approval of proposed amendments requires at least two-thirds (2/3rds) of the voting interests who are present and voting, in person or by proxy, at any Annual or Special Members Meeting called for this purpose. Amendments also may be approved without a meeting following the procedures set forth in Section 3.12 of the Bylaws. 10

11 11 ATTACHMENT A FOUR WINDS FORMS LIST NOTE: Forms #1, #2 or #3, and #4 are sent with the Four Winds Rules and Regulations and a cover sheet to potential purchasers and lessees. 1. Housing for Older Persons Affidavit 2. Application by Proposed Purchasers 3. Application by Proposed Lessees 4. Frequently Asked Questions and Answer Sheet, Naples Four Winds 5. Guest Registration 6. Pet Request 7. Flooring Installation Approval Form 8. Screen/Storm Door, Window, & Hurricane Shutter Approval Form 9. Unit Renovations Approval (for all renovations except those covered in Forms 7 & 8) 10. Dock User Rights Lease Form 11

12 12 (blank page) 12

13 13 ATTACHMENT B NAPLES FOUR WINDS, INC. FOUR WINDS RULES AND REGULATIONS AFFIRMATION The undersigned have received and read a copy of the Four Winds Rules and Regulations and agree to abide by them. Print Name of Lessee or Purchaser Signature of Lessee or Purchaser Date Print Name of Lessee or Purchaser Signature of Lessee or Purchaser Date PLEASE NOTE THAT THE PURCHASE OR LEASE APPLICATION CANNOT BE APPROVED UNLESS ACCOMPANIED BY THIS SIGNED PAGE. Gulf View Property Management, Inc Tamiami Trail North #505 Naples, FL Jacque Dzingleski Therese A. Wagner (phone) (fax) Jacque@GulfViewPropertyMgmt.com 13