2018 Q & A
The intention of this document is to provide the homeowner at Sun Beach Club with a handy - in one place - guide to all the Questions and Answers you have ever had about the Sun Beach Club Condominium Documents, Rules and Regulations, By Laws and long-standing Board of Directors decisions governing the rights and responsibilities of ownership at Sun Beach Club. It is developed in a frequently asked question and answer format, so that a homeowner can quickly reference and find answers to the sometimes perplexing nuances of Condominium Law and community/condominium living here at Sun Beach Club. Definitions and examples of the more puzzling terms are used are given. Sometimes, legalese (the language that attorneys get paid so much to write) is used when it is unavoidable, but the committee hopes that our explanations and examples help to demystify some of that. In some cases, we have turned for assistance to our insurance brokers, our attorneys, past and present, our city officials, and our vendors who are experts in interpreting the parts of Florida State Law which govern our use of our amenities.
This Q & A booklet does not supersede the recorded Documents of Condominium, Rules and Regulations or By-Laws of the Sun Beach Club Condominium Association, Inc. It attempts to explain in lay-man’s terms the rationale behind them.
Most of these rules in this guide are common sense and developed for our safety, security and peace of mind. Our condos units are small and comfortable; our pool, deck, lanai, and parking is limited in space. We are close to our inviting beaches, and our precious beachside is very busy on most weekends, all year long. Many of our rules were made to help us deal with those facts of life. We are members of a unique condominium community, and must remember that our common interests and our property values rely on the mutual respect we all have for the rights of all other owners and their guests.
Simply put, it is the Unit Owner’s responsibility (not his or her agent’s obligation) to inform guests and renters of our rules. Likewise, the burden of accountability and liability falls on the Unit Owner when a rule is violated by a renter or guest. An abridged copy of these rules will be made available for all owners to post in their condo unit.
This revised Frequently Asked Questions Guide is the work in 2019 of Board members John Mann and Ted Stever. By Florida Law, a Q&A of Legal Terms, Conditions and Rights and Responsibility must be reviewed and reissued every three years. In its place, as a convenience and also for your perusal, is our expanded Q&A and our Architectural Standards Guide which was developed by another group of likewise dedicated Unit Owners in 2014. They also are to be commended for their work: Dennis Attwood, Richard Rose, and Jane Rose.
Legal Rights and Responsibilities of the Sun Beach Club Condominium Association Unit Owner
This section of the Sun Beach Club Handbook will be modified frequently as it is distributed to new owners. Revised August 2018
Q. What are my voting rights in the condominium association?
One vote per unit. If a unit has more than one owner, a voting member must be designated by certificate filed with the Association. In case of two spouses present at a meeting, they collectively have only one vote: (if both in agreement – one vote; if they disagree – no vote is counted.) In the case of multiple units owned by spouses or corporation, owners must designate by certificate one individual owner as voter for each unit.
Q. What restrictions exist in the condo documents on my rights to use my unit?
In brief: Units are for residential use only. Any modification of exterior or common elements must have prior written consent from the Association. Spelled out elsewhere in the Sun Beach Club Architectural Standards are that any interior structural alterations must have prior written consent from the Association Board. There are uniform door and uniform window treatments. No window A/C units are allowed. There are pet and noise restrictions. There are specific trash disposal and recycling requirements. There is no on- stairway or outside patio storage of any kind, nor hanging of wet towels or swimsuits on railings. Upstairs units are only allowed tile in kitchen and baths, entry foyer and front of fireplace. Detailed answers will be found in this Handbook.
Q. What restrictions exist in the condo documents on the leasing of my unit?
A minimum of one-month thirty (30) day lease. A definition of the one month lease is explained in the section …Renting or Loaning Your Unit…later in this Handbook. According to the New Smyrna Beach Fire Marshal, the number of occupants, not counting infants, in a rented unit is limited by the size and design of the unit. A, B, and C units have a maximum occupancy of 4. A (D) type unit has a maximum limit of 6. A Unit Owner in residence may have as many family members or guests as he or she wishes.
Q. How much are my maintenance fees and when are they due? What do they include?
Current fees are established yearly, usually at the Annual Meeting, and are due on the first of each month. Notice of the monthly maintenance fee will come in or soon after the Annual Meeting Minutes. Fees cover water, sewer, cable TV, exterior maintenance (roof, waterproofing/painting, paving and stairs) lawn care, pest control, pool and spa maintenance and service.
Q. Is the condo association involved in any court cases in which it may face liability in excess of $100,000? If so identify. Currently, no. None are anticipated.
Q. Does the condo association provide an annual budget disclosure to all unit owners?
Q. In closing on a Unit is there an estoppel / transfer / office fee?
Yes, currently in the amount of $250.00. The estoppel fee is $100.00. The transfer and inspection fee is $150.00.
Q: May I inspect the Association official records?
Yes. Inspection of the official records of the Association is governed by the Sun Beach Club Condominium Association Board Policy on Records, which is included in this Handbook.
Q: Do the law and the Association Documents require me to give a key to my unit to the office?
Yes. Both Florida Statute 718 and the Sun Beach Club Documents say that the Association has the irrevocable right of access to each unit during reasonable hours, when necessary, for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association, or as necessary to prevent damage to the common elements or to a unit. Since the storage closet is adjacent to the unit and an integral part of the building’s maintenance, a storage key to the lock of the storage door must be provided to the office. Effort to contact the owner will be made in advance of entry, except in the event of emergency. Failure to update any key will result in the Unit Owner being charged for rekeying and a possible fine.
Q: May the Association levy a fine on a unit owner for a rule violation?
Yes. The Association may levy reasonable fines against a unit owner for failure to comply with any provision of the Documents or rules of the Association. No fine may exceed $100 per individual citation of each violation. However, a fine may be levied on the basis of each day of a continuing citation, for up to ten days. In other words, no fine shall in the aggregate exceed $1,000. No fine may become a lien against a unit.
Q: Does a tenant (renter) have the same rights as an owner?
When a unit is leased, the tenant has all use-rights of the association property and the common elements that otherwise would be available for use by unit owners, except for the right to have a pet or rent the unit the unit to another renter. The unit owner will not regain such use rights until the end of the lease period. In simple terms, the tenant has the rights to the use of the common elements, and the Unit Owner gives them up during the lease term. Voting rights, however, are not transferable to a renter unless by proxy.
Q: As a unit owner, can the Association board keep me or my tenant from using the common elements?
An Association Board may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other Association property for failure to comply with any provision of the declaration of condominium or cooperative documents, the Association bylaws, or reasonable rules of the Association. If a unit owner is delinquent for more than 90 days in paying monetary obligations due to the association, the Association may suspend the right of a unit owner or a unit’s occupant, licensee or invitee to use common elements, common facilities, or any other Association property until the monetary obligation is paid. This does not apply to limited common elements intended to be used by that unit: the common elements that must be used to access the unit like sidewalks, utility services provided to the unit, or an assigned parking spaces. When the unit is rented to a tenant by a delinquent owner, the tenant will not have rights to the Association property or use of the common elements.
Q: May I or my tenant invite a delinquent owner to use the Association common elements or property?
By his or her dereliction of responsibility, a delinquent owner has abrogated his or her rights to the use of the common elements. An owner or tenant who invites a delinquent owner to use the common elements is abetting the delinquent owner in continuing his or her dereliction, and exposing the Association, the delinquent owner and himself or herself to serious liability. Further, the Association will not take responsibility, or assume liability for the safety and well-being of the delinquent owner in using the common elements. The Association will consider the delinquent owner to be trespassing.
Q: If I am not in residence, may I invite family, friends, or guests to use the Condominium amenities (pool, spa or lanai) or Visitor or Unit Parking Space?
No. If you are not in residence, guests, family, and friends may not use the amenities of the Condo unless THEY are pre-registered by you, or registered in the office at the earliest that the office is opened, and are IN RESIDENCE themselves, in your absence. Again, they must be pre-registered by you and must occupy the unit overnight in your stead. See more in the following question. Our Sun Beach Club Condominium Association liability insurance covenants are very clear about this. The Unit Owner must be physically in residence to invite family or friends to use the Condominium amenities or parking. An absent Unit Owner may not allow “day-trippers” to use the Condominium facilities. This could result in a fine and the loss of ownership privileges.
Q. May I loan my unit to friends, family, or guests?
Yes. If you loan your unit to friends or family, they must be in residence and occupy your Unit in your place to use the facilities. They must be pre-registered with the office, register in person with Photo ID when they arrive, and possess a current and appropriately colored, and dated Parking Pass. (See Also Parking Regulations Section).
Q. I have loaned my Unit to a family member, friend, or guest. May that family member or friend or guest, in my absence, invite their friends or guests to use the facilities and amenities?
Only under certain conditions: Guests of guests or family members must also be pre-registered or registered on their arrival. By law, only the Unit Owner or tenant on a lease may invite guests, family, or friends who are visiting him or her or are properly registered with the office use the facilities. Family members or friends may invite their friends to visit them and use the amenities if the family members, who are properly registered themselves, register their guests in advance. This will guarantee that the Sun Beach Club’s insurance will cover them in case of liability. Insurance case law is not divided on this. Tenants on a lease, and properly registered, have all the rights and responsibilities of the Unit Owner. Please see the statement below.
Q Is my tenant allowed to invite guests, family or friends to use the facilities?
As stated before, your tenant has all the rights as a Unit Owner, but has the responsibility, as you, the Owner do, to pre-register his or her guests, have the guests register with Photo ID in person, and obtain for them a temporary-dated parking pass. They are entitled to your rights as an owner, but also must accept your responsibilities. As an owner, you are also responsible to share your knowledge of the rules and regulations to your tenant. Your ownership responsibility also covers fiduciary accountability for damage and also fines incurred during their tenancy.
Q. May I invite my agent to use the Condominium amenities or parking?
No. Your compensated agent (a repairman is considered an agent employed by you) is allowed on the property to show, maintain or make repairs to your unit in your absence. An agent is not a tenant, friend, guest, or family member. Your agent, should he or she be here for a time beyond one hour, should notify the office by text, email, or phone call that they are on the property. They must park in your spot, or in a visitor’s spot.
Q. Why is it so important for my guests, renters and friends to register or pre-register?
Statement from our Insurance Broker: An owner or tenant who violates this pre-registration or registration protocol puts his fellow owners and himself at great, personal liability risk in the event of an injury or death of a friend, family member, or guest. Your homeowner’s homeowner insurance liability claim may, in fact, be rejected by your insurance company because you violated the Condominium Association Policy of the registration of guests and family. The first question asked by an insurance company claims adjuster is: “Were all legal protocols, including a written lease, followed for the guests and vehicles on the property?” Finally, Florida Law 718, Case Law, and your Documents state that the owner holds the ultimate responsibility, or blame, for the actions of his tenants, guests, or agents.
ORGANIZATION OF THE BOARD AND ITS COMMITTEES
Q. How is the Board of Directors and its officers organized? Are there committees I may volunteer for?
The President shall be the Chief Executive Officer for the Association, with membership rights to each committee. The Board shall serve as a Personnel Committee and may call on homeowners from time to time for service. The Secretary of the Association shall be the Chief Legal Officer of the Association Corporation, and shall be appointed by the president to chair Ad Hoc Committees established by the Board dealing with corporate matters. The Secretary may be called on to chair other standing or ad hoc committees by the President. All Board
Members will be expected to serve as a chair of at least one committee.
Social Committee – Liaison will be the office manager. The Social Committee will be comprised of homeowners and renters, and chaired by a homeowner. The manager will work with the Social Committee to ensure all regulations for the maintenance of the property of the association will be followed. The Social Committee Chair will be responsible for the restoration and general maintenance following an event sponsored by the committee. Homeowners who “reserve rent” the lanai will be responsible for cleaning and restoration of the lanai at the direction of the manager.
Buildings Committee – Chaired by a Board member or officer of the Board, the Building Committee chair will be the liaison between the committee and the Board. The Building Committee, a Standing Committee, will serve in an advisory capacity to the chair, and inspect and analyze problems, review facts, gather information and alternatives and submit conclusions to the chair and the Board as recommendations to the Board or to the president of the Board. Additionally, the Chair of the committee will assume a leadership role and responsibility for the inspection and planning, budgeting, and on-going maintenance of the association property in cooperation with the manager.
Grounds Committee – Chaired by a Board member or an officer of the Board, the Grounds Committee will be the liaison between the community and the Board. The Grounds Committee, a Standing Committee, will serve in an advisory capacity to the chair. It will inspect and analyze problems, review facts, gather information and alternatives and submit conclusions to the chair and the Board as recommendations to the Board or to the president of the Board. Additionally, the Chair of the committee will assume a leadership role and responsibility for the evaluating, planning, budgeting, and on-going maintenance of the association grounds and landscaping in cooperation with the manager and with the maintenance/grounds personnel, and vendors such as mowers and pest and fertilization.
Budget and Treasury – An advisory committee of homeowners may be established during budget preparation time to have input and make suggestions during the budgetary process. However, as the Association Treasurer and the Board have the sole fiduciary responsibility under Florida Statute 718 to collect, disperse and allocate the funds of the Association.
The Standards Committee is an advisory committee, chaired by the president of the Association to help interpret and draft the Florida Statute regulation that a Q & A be available to every homeowner outlining the Rules and Regulations, the Association Documents, and past Board rulings regarding the rights and responsibilities of homeowners and use of the Association property.
The Pool and Hot Tub Committee is established as a committee differing it from Building or Grounds, to place the Association’s main amenity in the hands of a committee chaired by a member of the Board. The Pool/Hot Tub Committee, a Standing Committee, will serve in an advisory capacity to the chair, and inspect and analyze problems, review facts, gather information and alternatives and submit conclusions to the chair and the Board as recommendations to the Board or to the president of the Board. Additionally, the Chair of the committee will assume a leadership and trouble-shooting role and responsibility for the inspection and planning, budgeting, for on-going maintenance of the association pool, hot tub, pool deck in cooperation with the manager.
Common Elements vs. Limited Common Elements
Since these are legal terms used in condominium living, we have included in the response the sections of our Documents (DOC) which refer to the various answers.
Q. What are the Common Elements?
Definition: This is part of the condominium facility for the benefit of ALL unit owners.- See Section VII of the "Offering Circular of Sun Beach Club Condominium" (OCSBC). It is also defined as "condominium property not included in the units", as delineated in Section 2.5 of the Declaration of Condominium (DOC). Finally, it is also defined as "The undivided share in land and other common elements which are appurtenant to each Condominium Unit." (See Section 4.4.1 of the DOC.)
Q- What are examples of a Common Element?
Some good examples include all roofs, the Sun Beach Club swimming pool, the hot tub, the Lanai area (i.e. bathrooms, bar area, meeting space area, etc.), sidewalks, landscaped areas, guest parking spaces, utility spaces, etc. (( See 3.5 (C), 4.4.1, 4.4.4 & 6.1 (a) (1) of DOC.))
Q. What is a common expense?
These are expenses of maintenance and management of the condominium property. (See Section 2.6 of the DOC.)
Q Who owns the common areas?
All owners equally own the Common Elements. The percent of each common element shall be evenly divided between each unit. (See Section XII of the OCSBC and Section 3.9 (c) of the DOC.)
Q- Is anything inside a condominium unit considered a "Common Element"?
Yes, but usually found within the walls. Some good examples include easements through units for conduits, wiring, plumbing and other facilities for the furnishing of utilities and other services to units and common elements. (See Section 2.5 of DOC.)
Q. Who is responsible for maintaining and repairing and/or replacing common elements?
The condominium association is responsible for the expenses (including limited common areas) with the exception of an air conditioner compressor. ((See (Section 6.1 (a) (1) of the DOC.))
Q. May a "For Sale" or "For Rent" sign be displayed on any common element or condominium unit?
No. However, see (Section 10.5 of the DOC) for exceptions.
Q. May a unit owner hang clothes, sheets, blankets, beach towels, or any other articles from any common element or condominium unit? No. See Section 10.6 of the DOC.
II. Limited Common Element(s)?
Q. What is a Limited Common Element?
A limited common element includes those common elements which are reserved for the use of a certain condominium unit or units to the exclusion of other units (see Section 2.10 of the DOC.) In addition, each unit shall have the exclusive use of such limited common elements as to which there is direct access from the interior of such unit. (See Section 4.4.5 of the DOC.)
Q. What are examples of a limited common element?
Some good examples include patios, terraces, balconies or atriums, assigned parking spaces, condensers for air conditioners, etc. See Sections 3.7 (a) and (b).
Q. Are unit owners responsible for general cleaning and housekeeping of limited common elements appurtenant to their units?
Yes, such as a patio area or balcony. See Section 6.1 (a) (1) (ii) & 6.1 (b) (1) of DOC.
Q. Are windows, screening, and glass replacement or repair the responsibility of the condominium association for maintenance, repair and replacement?
No. See Section 6.1(a) (2) of DOC.
Q May unit owner paint the exterior door of his/her unit?
No, unless the unit owner receives express written consent of the Board. See Section 6.1 (b) (2).
Q. May a unit owner add or alter common or limited common elements appurtenant to their units?
No, unless approved by the Sun Beach Club Condominium Board of Directors, and discussed and approved publicly in a Board Meeting and published in those Board Minutes of that meeting. There are certain instances which are covered in the Architectural Standards enclosed as an addendum to this), which allow owners of “D” Units to extend their front patios under the steps leading to the “C” Units. This extension is strictly limited to the dimensions specified in the Architectural Standards. The “B” Unit may extend his or her slider door patio under the steps leading up to the above “A” Unit. Extensions for handicapped owners to the rear patios from the sidewalk to “B” and “D” Units are permitted after Board approval, but must be installed of temporary and removable flat paver stones. All approved extensions are temporary and made are at the sole expense of the owner. (See protocol and dimensions allowed in the Architectural Standards.) No Unit Owner may add or alter the common elements in any other way. See Section 6.2 (b) (2), and sections of the Architectural Standards governing Grounds and Landscaping. At any time the Board reserves the right to revoke permission of alterations for any reason.
Q. Who is responsible for the unit’s front door?
The “ownership” of the unit’s front door is the joint responsibility of both the Association and the unit owners. The exterior preparation and painting is the responsibility of the Association. Replacement of the door, when necessary is also a joint responsibility and shall be shared by the Association and the unit owners for door, hardware, framing, and labor. However, if new locking hardware or a deadbolt is subsequently added, a key must immediately be provided to the Association office by the homeowner (and the cost of which is the responsibility of the unit owner). The Association reserves the right to mandate replacement of the door if the door cannot be properly maintained. The unit owner may purchase a storm or screen door, or combination storm-screen door to be attached to the building. It must confirm to the Architectural Standards of the complex and be white.
Q. Who is responsible for unit’s outside storage closet door?
The documents do not address this question. Decisions made by past Boards of Directors have decided and reaffirm that the outside storage closet door is the sole responsibility of the unit owner for maintenance and replacement. However, painting of such remains the responsibility of the Association.
Q. Who is responsible for damage found in the storage closet?
The Association will determine the cause of damage found in the storage closet. If leakage is caused by a faulty storage closet door, the Association will mandate the storage closet door’s IMMEDIATE replacement at the expense of the homeowner. If the storage door is found to contribute to damage within the storage closet, the homeowner will bear the fiduciary responsibility for repair to the closet interior. In particular, A, C, and D unit storage areas are exposed to the elements without the shelter of a patio ABOVE. Owners must regularly inspect the integrity of their storage door and the storage closet and report any leakage or damage immediately. The ASSOCIATION RESERVES THE RIGHT TO INSPECT ALL STORAGE DOORS AND CLOSETS FOR DAMAGE. If a lock is changed and no key is provided, the Association reserves the right to enter the storage closet to inspect, and costs and labor will be the responsibility of the homeowner.
Q. What if I purchase an electric vehicle?
If an owner purchases an electric vehicle, he or she is responsible for installing an electric vehicle charging station within the boundaries of the owner’s exclusive, assigned and titled parking space. The installation may not cause damage to the condominium property. The electricity used must be separately metered and payable by the unit owner. All costs of installation are the sole responsibility of the unit owner, as is operation, maintenance and repair.
The Association will require the unit owner comply with safety requirements and applicable building codes, including permits and costs.
The unit owner must comply with the reasonable Architectural Standards governing the dimensions, placement, or appearance of the charging station. Prior to commencement of any installation of a charging station the owner must present a complete set of blueprints to the SBC office for review and approval. The unit owner may not install the charging station, and must engage the services of a licensed and registered electrical contractor or engineer familiar with the installation of a vehicle charging station.
The unit owner must provide a certificate of insurance naming the Association as an additional insured on the owner’s insurance policy for any claims, within 14 days of receiving the Association’s approval to install the station.
The unit owner shall reimburse the Association for the actual cost of any increased insurance premiums attributable to the installation of the charging station within 14 days of receiving the Association’s insurance premium insurance.
The Association will provide an implied easement across the common elements of the condominium property. The unit owner will be responsible for restoration of lawn, shrubs, irrigation costs and labor on the part of the Association. The Association will be held harmless on the basis of a lien filed against the unit owner by the contractor.
House Rules and Use and Management of Your Unit
Q. What must I do as a homeowner to keep the office aware of changes in my contact information, legal status, other residencies, automobile ownership?
A. Just as the Association has the legal obligation and responsibility to notify and communicate promptly to the homeowners by keeping a roster of unit owners for its lawful and reasonable use, the condo homeowner has the equal responsibility to update and inform the association of any changes. The Association will, from time to time, send out an Information Sheet to simplify your life and the manager’s. Please fill out the form and fax, email, or mail it back promptly. Taking five minutes to fill a form out is not much to ask. Wasting the manager’s time with repeated requests is a discourtesy to the manager and fellow homeowners, and wastes time and money.
Q. What must I do to prepare for the hurricane season?
Hurricane Season is June 1st to November 30th. Any owner who is absent during hurricane season must prepare their unit prior to departure by removing all furniture, plants, and other objects from their patio or balcony. In addition, every owner must designate a firm or individual to care for their unit in their absence. The SBC office must be notified of that designee’s name, address, and phone number, in the event of an impending storm. If patio furniture, plants or other objects remain on a patio, they will be discarded in the dumpster area. The pool and hot tub will be shut down twenty-four hours after a hurricane (and likely will be closed at least twelve to twenty-four hours prior to the start of the hurricane).. Boats and trailers must be removed from the property in advance of a hurricane. Do not contact the office to check on your unit. Your “responsible” contact agent must inspect the unit and immediately report water intrusion or other internal damage to the unit by email, phone, or in person.
Q. Are there restrictions on balcony or patio use?
Owners may not change their patio or balcony in any way (enclosing, enlarging, painting, or addition of antennae, etc.). Nothing other than patio/balcony type furniture and plants may be kept on patios or balconies.
Q. What are outside cooking regulations?
New Smyrna Beach Fire Code prohibits cooking, using a LIVE FIRE on ALL balconies and patios. Cooking using a live fire is permitted at Sun Beach Club only if the grill is at least ten (10) feet from a building or ten (10) feet from a patio overhang. However, an electric grill is permitted on the balcony or patio. Fire codes prohibit storage of LP propane gas cylinders greater than one pound (1lb) above the first floor of a condominium building. Gas grills may not be stored on balconies. L.P. gas cylinders may not be stored inside any unit or portion of a multi-family building, or in the exterior storage unit closet as that is considered part of the building.
Q. What is a nuisance?
Any act which impacts on the peaceful use and possession of property may be considered a nuisance. This may include, but not be limited to, accumulated trash, a fire hazard, or any act which causes the insurance premiums to increase.
Q. What conduct is prohibited?
No unit owner shall make or permit any disruptive noises or noxious fumes in the building, or permit any conduct by any persons that will interfere with the rights, comforts, or conveniences of other Unit Owners.
Q. May I post a sign on the property or in my window?
No sign, advertisement, or notice may be placed on a unit without prior written consent of the Association.
Q. May I change floor coverings?
See Architectural Standards in this Handbook. Any change in floor coverings must be pre-approved by the Board.
Q. May I use my parking space for another purpose?
Please review this Q&A Handbook Section on Parking Rules.
Q. May I rent or lease a room in my condo while I am in residence?
Q. What or who is my DESIGNATED RESPONSIBLE INDIVIDUAL to oversee my unit during my absence or in the event of an emergency?
Every owner must designate a firm or individual (friend, relative, agent, or other) to care for their unit in their absence. When the unit is unoccupied for more than one week, it should be inspected by your designated response individual. The SBC office must be notified of that designee’s name, address, and contact information including telephone, email, and cell phone number. Any changes to the contact information of the responsible individual must be reported immediately to the Association by phone, mail or email. A rental Agent IS NOT to be assigned as your “DESIGNATED RESPONSIBLE INDIVIDUAL.” Rental agents have hundreds of units they may represent. They DO NOT inspect your unit regularly, or for that matter, anytime, for problems.
Q. How and when do I report damage to my unit?
Damage must be reported as soon as it is observed. Damage shall be reported to the office immediately by phone, email, or in person – and always followed up by email. If damage is not promptly reported, and affects another unit or the building itself, you will be held responsible for all costs to the Association and any other homeowner’s damaged unit for repair.
Q. Wouldn’t it be simpler to just stop a maintenance man and ask him to perform a small service for me, rather than go to the office or email a work order?
No. Please do not approach or “buttonhole” a maintenance man from their assigned duties to perform a task which to you may seem minor. The maintenance men have daily assignments which are coordinated by the manager. Any interruption for a “slight favor” puts them in a difficult situation: They want to help, but refusing to do a task for a homeowner is contrary to the work directions and expectations of the office. If you wish to employ the maintenance people for private tasks, please do so by asking them to work for you after their Sun Beach Club hours. They are usually more than happy to comply.
Q. I own a bicycle. May I park it in the bike rack? What must I do to register it?
Any bicycle in the bike racks located in the parking lots must be registered in the office and maintained by the owner. Bicycles in the bike racks will be inspected periodically. Bicycles must be tagged by the owner, or the owner’s representative for inspection. Any bicycle without a tag, or with flat tires or deemed “not-able-to-be-ridden” (tires flat, rusted through, broken chain or gears, brake cable missing or brakes or inoperable) will be discarded or donated.
Q. May I have a pet?
Only Unit Owners listed on the deed may keep a pet in their unit and on the condo property. However, renters, family members, or guests may not have any pets in the unit or the condo property. Owners may have one cat or dog, providing the pet does not exceed fifty (50) pounds in weight, remains on a leash-lead of six feet or less in length on the Common Elements, or is hand-carried when outside the condo. No pets are allowed within fifty (50) feet of the pool area. It is the responsibility of the pet owners to pick up all pet waste and dispose of it properly. Fish in a small tank and a caged bird are also permitted. Pet owners are expected to control their pet’s behavior which might cause noise or nuisance issues. Naturally, you must pick up after your pet – at all times. Owners who require a Service Animal, naturally, may have an animal which meets the above size and behavior restrictions. See below for permission to house a service animal on the property.
Q. What about Service Animals?
A. In some circumstances, state law and the Federal Housing Act may limit the above provisions of our Condominium Documents from being enforced. However, in order to be entitled to the accommodation of a service animal, the lessee or family member, not a deeded owner, and desiring to reside full time in the unit must have a physical or mental impairment that substantially limits the person’s major life activities. The association reserves the right to require the individual to provide a basis for the accommodation being requested. The Association’s Board of Directors will require information necessary to apprise itself of a decision to be made, by asking for a submission from a physician selected by the Association (at the cost of the person making the request) who specializes in the disability, and the manner in which the service animal ameliorates the disability. A timely response of ten business days is important, and the failure to make this timely response after a meaningful review of the requested accommodation has the same effect as outright denial.
Q. What is quiet time?
Quiet time is 10:00 P.M. to 8:00 A.M. No Condominium Unit Owner or resident shall play or permit to be played any musical instrument or operate a phonograph, radio, television set or other electronic device that emits loud sounds in a Condominium Unit between the hours of 10:00 P.M. and the following 8:00 A.M. if the same shall disturb or annoy other occupants of the Condominium. Likewise, washing machines and dryers in units shall not be operated between these times. Sleeping is difficult when an unbalanced dryer in an “A” Unit is in use over the “B” Unit bedroom.
Q. What other things do we need to know?
Do not leave washers, dryers, or dishwashers on if you leave the unit. You or any occupant of your unit must report leaks of any kind to the Sun Beach Club Office immediately. Trash must be wrapped in plastic bags. We recycle plastics 1-7, glass, and newsprint in co-mingled recycling bins behind the dumpsters. Skating and skateboards are prohibited. These types of activities are tough on our parking lot surface, bridges, and sidewalks. Speed limit for automobiles and bicycles is 5 MPH in our parking lots.
Q. What are outside cooking regulations?
Our buildings are wood framed. The Florida Fire Prevention Code prohibits any cooking on a balcony of a condominium. The only exception is for electrical grills. The Code prohibits the storage or use of L.P. gas in quantities greater than 1 lb. in any condominium. Gas grills may not be stored on balconies. It is important to note that L.P. gas cylinders may not be stored inside the unit anywhere. For other than one or two family dwellings, no hibachi, gas-fired grill, charcoal grill, or any similar device shall be used or kindled on any balcony or under any overhanging portion or within 10 feet of any structure. Listed electric ranges or grills or similar electrical apparatus shall be permitted.
Q. What are the requirements about Fire Extinguishers and Smoke Alarms?
A 5 LB. ABC DRY CHEMICAL fire extinguisher is mandated in every unit mounted in the closet closest to the front door, or closet nearest to the patio/balcony in the “E” Units. All such closets which house the extinguisher MUST remain unlocked. Invariably, fire will start in the kitchen, so the extinguisher should not be between the fire source, usually the stove, and the homeowner. The fire extinguisher must not be installed in the kitchen closet. The extinguisher and smoke alarms will be inspected yearly by a Certified Fire Control Agent. Smoke alarms must either be wired with a back-up battery, or battery operated. If an extinguisher or a battery is found to be failing, it will be recharged or replaced at the owner’s expense and a fine imposed by the Board.
Q. How may I inform my family, guests, and renters of the Sun Beach Club Rules and Regulations?
Most of these rules in this guide are common sense and developed for our safety, security and peace of mind. Our condos units are small and comfortable, and our pool, deck, lanai, parking is limited in space. We are close to our inviting beaches, and our precious beachside is very busy on most weekends all year long. Many of our rules were made to help us deal with those facts of life. We are members of a unique condominium community, and must remember that our common interests and our property values rely on the mutual respect we all have for the rights of all other owners and their guests. Simply put, it is the Unit Owner’s responsibility (not his or her agent’s obligation) to inform guests and renters of our rules. Likewise, the burden of accountability falls on the Unit Owner when a rule is violated by a renter of guest. An abridged copy of these rules will be made available for all owners to post in their condo unit.
Q. Where do I dispose of my garbage?
Only household waste is discarded in the dumpster. No other items are allowed to be disposed of the dumpster. Your household garbage must be bagged in plastic sacks or bags, tied or secured, and disposed in the dumpster in your court.
Q. Where are the recyclable bins, and how do I recycle?
Everything recycled is co-mingled. There are four green recycle bins in the rear of the dumpster area. You may co-mingle all recycle items into any of the bins. Cardboard boxes must be crushed and if too large for the recycle bin, left next to the bin, not in the main garbage dumpster.
Q. What if I must dispose of other items like old furniture, worn beach chairs, or paint cans?
As a condominium owner in an association, our City of New Smyrna Beach waste disposal contract does not allow for pickup of large or hazardous items. You are a tax-paying resident of Volusia County. You must arrange or take the item to the County dump yourself. DO NOT discard items in our communal dumpster area and assume that it will be picked up by our refuse contractor. It will not, and might become a trip hazard or make it difficult for others to use the dumpster area. What happened in the past is that our maintenance men were asked by the office to deliver unauthorized discarded items to the dump. This delays the performance of all the other work orders for all in the SBC community and, unfortunately, the liability for accidents is too high. Here are some ideas: As part of the delivery process of new furniture, have the old furniture taken away by the delivery people. Most companies offer this service and often it is of no additional charge if discussed when purchasing the new furniture. Contact the office and schedule one of our maintenance men to haul it away for you, at your expense and liability after regular working hours. Finally, call a used furniture or rummage store and ask if they will pick up to sell for charity. Unfortunately, there is no other choice. DO NOT DISCARD ANYTHING IN THE DUMSPTER AREA EXCEPT BAGGED GARBAGE, AND COMINGLED RECYLED MATERIAL. This means no wallboard or contractor debris, flooring, carpeting, rugs, cabinets, old furniture, cans of propane gas, broken beach chairs, rusted out bicycles, paint cans, curtain rods, wall hangings, couch cushions, baby carriages, or large toys. These are a trip hazard in a dark dumpster area, and they will not be picked up by our service.
POOL USE GUIDELINES
WHAT ARE THE RULES FOR POOL USE?
Pool use is governed by Florida Law, as well as Sun Beach Club Documents, and our own Rules and Regulations. Here are some frequently asked questions about pool and spa and lanai use.
WHO MUST WEAR WRISTBANDS?
Wristbands must be worn by ADULTS and CHILDREN over TWELVE at all times in the pool area. Six bands are distributed to owners; two blue and four yellow. Owners wear blue bands. Guests, renters, and family must wear yellow bands. If an owner loses any wristband, they are replaceable in the office for a charge of $5.00 each. Young children will slip out of bands easily. Children under twelve must be accompanied by an adult at all times. An adult may not supervise children from a condo unit, no matter how close the unit is to the pool. Do not assume that the office manager, other SBC owners or guests or other adults will take responsibility for your child’s safety.
HOW MANY PEOPLE MAY AN OWNER HAVE AT THE POOL AT ONE TIME?
The pool is small and the pool deck smaller. Owners (usually the two people on the deed) may have up to four guests or family at the pool at any one time for a total of six people. Renters are limited to the number of wristbands they have: four adult renters or two adults and two children at one time at the pool. Owners are responsible for the behavior of tenants, personal quests, or family at the pool.
WHEN IS THE POOL OPEN?
The pool hours are from 8AM to 10PM. If the lights are out after posted hours in the pool area and you enter, you are considered to be trespassing. Even if you are an owner, our insurance will not cover you. It also is safe to say that your own homeowner’s insurance will not cover you in the event of an accident after posted times. Pool/Spa will automatically close during lightning storms and thunder storms. At all times, you swim at your own risk.
WHO ISN’T ALLOWED IN THE POOL?
We welcome everyone. However, the Sun Beach Club Condominium Association’s concern is that everyone using the pool be safe from bacteria emitted from human fecal matter. Scientific studies consistently affirm that diapers of any kind, even standard swim (swimmie) diapers, are largely ineffective in keeping fecal matter out of a pool. Non-toilet trained and diapered children, as well as diapered adults who use the pool must wear clothing, bathing attire, and /or accessories that form a watertight seal. Standard swim diapers do not guarantee this watertight requirement. Anyone suffering from diarrhea is prohibited from entering the pool or spa.
ARE PETS ALLOWED IN THE POOL/ SPA AREA?
Our pool is listed as a commercial pool and as a result Florida law prohibits all pets, in the spa, pool, or pool deck area. Certified Service Dogs are allowed, but they must be restrained and on leash.
WHAT ABOUT FLOATS?
It is a small pool. No floating objects, rafts, boogie boards of any kind are allowed. Noodles or flotation or exercising devises closely enclosing a child’s or near an adult’s body are allowed.
WHAT IS THE AGE FOR USE OF THE SPA/ HOT TUB? You must be 14 years old to utilize the spa/ hot tub. There are no exceptions.
WHAT ARE THE RULES FOR EATING AND DRINKING IN THE POOL AREA?
If a container could shatter, don’t bring it to the pool deck or lanai. No glass bottles whatsoever are allowed in the pool, spa, or lanai. Only plastic bottles of water or cans of soda are allowed on the pool deck. No alcohol may be consumed on the pool deck or the spa deck unless it is during a function of the Social Committee – or if the lanai area has been reserved by an owner and it is a large party. No drinking of alcohol or other beverages is allowed in the pool or spa. Absolutely no eating is allowed while in the pool or spa/ hot tub. Food and drink (including alcohol) in plastic bottles, or plastic glasses or in aluminum cans may be consumed in the lanai area at tables by owners, tenants, guests and friends.
HOW DOES AN OWNER RESERVE THE LANAI AREA FOR A PARTY OR FUNCTION?
Only owners, or the Social Committee, may reserve the lanai area itself for social, educational, or common-good occasions. Florida Condo and Homeowners Laws prohibit political or religious meetings, etc. The pool may not be closed off or access denied for other owners, guests and renters during private or Social Committee functions. Likewise, restroom access must be allowed for those not in attendance at party/function. The procedure for reserving the lanai is simple. The owner submits a request for lanai use to the manager in advance and such notice of use can be posted for three days. A $100.00 (one-hundred dollar) refundable reservation deposit is held by the office for breakage, damage and cleaning, and is not returned in case of such. Immediately after the affair, the owner(s) is responsible for cleanup, and garbage carried out to the dumpster area. Outside guest parking passes must be obtained in advance, plus a list of attendees and car tag numbers, who will be parking on the property also submitted to the office three days in advance. The owner will be held responsible for the behavior of his or her guests in the lanai and pool area. The affair may not extend after the normal pool closing time which is 10PM. Lanai and pool rules must be observed, i.e. no glass, or eating outside of the lanai. The only exceptions allowed to these rules are in the event of a Social Committee affair in which the majority of guests are owners or tenants of owners. Overflow tables may be set up in the pool deck area. Because of increased pool area use on holiday weekends, the lanai may not be reserved for the days of Memorial Day weekend, July 4th week or weekend, and Labor Day weekend.
MAY I SMOKE ON THE POOL DECK OR IN THE LANAI?
SOME COMMON SENSE GENERAL GUIDELINES
Shower beach sand and sun block off before using the pool and especially the spa or hot tub.
There is no lifeguard on duty. Pool use is at your own risk.
No running, rough play, no loud radios, no ball playing or throwing of Frisbees or other toys inside of the pool area, pool or hot tub.
No pets allowed within the fenced pool deck area.
Proper bathing attire only. No cut-offs. No nudity.
Poolside chairs cannot be reserved or removed.
Please cover chairs with towels to protect chairs from suntan oil or sun block.
Renting or Loaning Your Unit to Friends, Family, or Guests and Their Use of Your Condominium
In the interest of properly managing and maintaining the value, liability, safety, and security of all Owners in the operation of the Condominium Property, pre-registration of guests, friends, family and tenants who will occupy or be in residence at a Unit must be done in advance of their occupancy of the Unit. If pre-registration is not practical, friends, family, or guests must register themselves and their vehicles before occupancy of the Unit, or at their first opportunity during Office Hours. All tenants MUST be preregistered. All automobiles must display a Sun Beach Club Parking Pass while parked on the property. Passes, which are unreadable, will be considered as no pass and the vehicle will be subject to towing.
Q. May I rent my Unit?
There are certain restrictions which apply to an owner renting or leasing his or her Unit at Sun Beach Club. The first and foremost is that no unit may be leased or rented for more than a lease term of once (1) time in any given (30) thirty day period. Essentially, this means that the minimum lease period for a non-owner or non-family member is thirty (30) days. Other rental restrictions outlined in this section are in the New Smyrna Beach Fire Code or Health Department Code as to the numbers of people able to be housed in Units of our square footage, size, and physical layout. Lastly, in the interest of liability and protection, security, and maintaining the value of our property, pre-registration of tenants, guests, friends and family who will occupy the Unit in residence must be done in advance of their occupancy. If pre-registration is not practical (that’s what Family and Friends Parking passes are for) all family, friends, or guests must physically register in the office as soon as the office is open again.
Q. Must I have a written lease for my tenant, and must I share that lease with the Association?
A. Yes. You must have a written lease with you tenant, and a copy of that lease (particularly defining the length of the lease) must be shared with the office. Our Declaration of Condominium’s By-Laws XIII specifically states “Each owner who leases his unit…is required with respect to such lease, shall provide the Association with such information as the Association may reasonably require with respect to his lessee and shall include in the lease as a condition and term of such lease the agreement of such lessee to abide by the provisions of the Declarations of Condominium, these Bylaws…as well as any other instrument which may be binding on the Unit owner.” Paramount to the association on a written lease is the signature of the lessee in agreement with the provisions of the Documents, etc., and the dates of the lease which must be in accord with the provisions of the Documents. Copies of each lease must be furnished to the Association’s office prior to the beginning of the term of occupation by the owner’s lessee/tenant or the agent of the owner. Remember, any failure to inform the office of the occupation of your unit by tenants or persons other than family or friends, subjects the unit owner to homeowner’s and Association liability insurance jeopardy and will result in a fine by the Association.
Q. What is the definition of renting or leasing? Renting or leasing for the purpose of definition is the occupancy of a Unit by a person other than the Owner, when the person in occupancy gives consideration of any type (the payment of money, exchange of goods or services (i.e. bartering), or any other exchange of value.)
How do the Documents and attorneys define a lease of thirty days?
As stated in the Sun Beach Club Documents, no Unit may be leased, rented, and or occupied by any person (s) for a lease term of once in any given (30) thirty day period. However, the actual lease period of occupancy may be shorter. Subsequent leases, also of thirty days or more duration, shall be permitted from the terminal or end date of the previous thirty day lease; even if the tenant leaves the unit before the end date of the second or third lease. However, the last of a series of shorter leases, also of thirty days duration, will determine the beginning of the thirty day duration period even if the unit is only rented for one or two weeks. For example: a Unit may be leased from February 1 to April 15. The tenant may leave the Unit on April 14. A new lease with another tenant may begin on April 15, but it must also have a full term of (30) thirty days running until May 15. If the second tenant leaves on May 3, the Unit Owner may not lease to another tenant until May 15. The Unit Owner must furnish a copy of the written lease to the Sun Beach Club Condominium Association Office Manager showing your signature, the name of the renter, and the Dates and length of the lease, as soon as it is signed. Bylaws XIII pg. 11.
Again, your lease must be for at least (30) thirty days at a time, even though your tenants may occupy the unit for a shorter period. Leases of a longer period are certainly allowed. A new thirty day lease or a lease of a longer length may begin at the end of the previous longer lease terminal date or end date of the long term tenant’s occupancy.
Q. Are there use and occupancy restrictions?
Yes. Each unit shall be used for residential purposes – under no circumstances may more than one family, servants, and guests occupy a Unit at one time. No commercial or business may be operated out of a Unit. No Unit Owner or his lessee may solicit others on the property for commercial purposes. Rooms in a unit may not be sublet, unless the unit lease is constructed or modified to indicate equal responsibility among the lessee parties in the lease for shared occupancy. You may lease your A, B, and C Unit to only four (4) adults. Only the D Unit may be rented to six (6) adults, since the den also is considered a bedroom. Infant children under the age of three (3) years-of-age do not count as adults. All other ages do. According to New Smyrna Beach Codes, the loft in the “C” Unit is not considered a bedroom, since adults must enter another bedroom to use a bathroom. Your tenants shall not cause, permit or commit any nuisance, immoral or illegal act, in or about the Condominium Property, or which would obstruct or interfere with the rights of other Unit owners. Above all, remember that your tenant, guest, or family member is also the guest of ninety-nine other owners and should act toward other owners with respect.
Q: What is my responsibility or what must I do to notify the Association if I loan or rent my Unit?
As soon as it is signed, a copy of the lease information required must be forwarded to the Office notifying the Office Manager that the Unit will be occupied by a tenant. When the tenant begins his occupancy, you must instruct the tenant(s) to appear in person with photo id to register himself and his vehicle in the Sun Beach Club Office, and receive a copy of the Rules and Regulations, etc. You must notify the Sun Beach Club Office by mail, email, or telephone call in advance of occupation by family, guests, or friends as soon as is possible. They must appear in the office at their first opportunity to register themselves and their vehicle and to obtain a parking pass. If they are using a Family-Friends Parking Pass, please instruct them to register in the office as soon as possible.
Q: Does a renter have the same rights as an owner?
When a unit is leased, the tenant has all use-rights of the association property and the common elements that otherwise would be available for use by unit owners, except for keeping a pet and reserving the Lanai. The unit owner will not regain use rights until the end of the lease period. In simple terms, the tenant has the rights to use of all the common and limited common elements, and the Unit Owner gives them up during the lease term. Voting rights of an owner are not transferable unless does so via a formal proxy.
Q: As a unit owner, can the Association board keep me or my tenant from using the common elements?
An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other Association property for failure to comply with any provision of the Documents, the Association By-Laws, Rules of the Association, or Board adopted rules. If a unit owner is delinquent for more than 90 days in paying monetary obligations due to the association, the Association may suspend the right of a unit owner or a unit’s occupant, leasee, or invitee to use common elements, common facilities, or any other Association property until the monetary obligation is paid. This does not apply to limited common elements intended to be used by that unit: common elements that must be used to access the unit, utility services provided to the unit, or assigned parking spaces. When the unit is rented to a tenant by a delinquent owner, the tenant will not have rights to the Association property and amenities or use of any of the common elements other than those which serve as access, utilities, or assigned parking space.
The Association will consider the delinquent owner to be trespassing.
Q: May I invite family, friends or guests to use the Condominium amenities (pool, spa or lanai) or Visitor or Unit Parking Space if I am not in residence? May I invite my agent to use the Condominium amenities or parking? Is my tenant allowed to invite guests, family or friends to use the facilities?
Our liability insurance covenants are very clear about this. The Owner must be in residence to invite family or friends to use the Condominium amenities or parking. If you loan your unit to friends or family, they (friends, family, or guests) must be registered and in residence to use the facilities. They must be pre-registered with the office, register in person when they arrive, and possess a Blue or Yellow Parking Pass. Your agent is allowed on the property to show, maintain, or make repairs to your unit in your absence. An agent is not a tenant, friend, guest, or family member.
As stated before: Your tenant has all the rights as a Unit Owner, but has the same responsibility, as you do. Your tenant must pre-register guests, have the guests register in person, and obtain for them a temporary-dated parking pass. An owner who violates any of these provisions: pre-registration or registration protocol puts himself/ herself and fellow owners at great liability risk in the event of an injury or death. Your homeowners insurance is not sufficient, and a claim may in fact be denied by your insurance company for ignoring the registration protocol of guests and family.
Q. What is my assigned parking space? Is it deeded?
Your space is not deeded. The homeowner has the exclusive use of one parking space which shall pass with the Title to the Unit. The Board has the right, with the written permission of homeowner’s affected, to change such assignments. A Unit Owner may, at any time, temporarily assign such space to another Unit Owner, however, written permission for such temporary use must be in writing and in both Owner’s Office Files. A seasonal Unit Owner may, in his long-term absence, assign in writing his Unit Parking Space to another owner until the return of the absent owner.
Q. What are Friends and Family Parking Passes?
Four (4) Friends and Family Parking Passes are distributed to each Owner through the Sun Beach Club Office for use by frequent visitors to Sun Beach Club. They are only to be used by friends or family when visiting the owner while the Owner is in residence. They also may be used by friends and family who are in residence in place of the Owner. However, if the guests are to be in residence in the condo, the Owner must make every effort to preregister or register the guests as soon as possible with the office.
Q. Are all spaces equal in size?
All regular parking spaces were measured and found to be quite uniform in both length and width. Utility parking spaces were measured as well, and were found to have only minor differences (inches) in length or width.
Q. I am vacating my unit for a period of time but I wish to leave my vehicle in my parking space. Is there anything I need to do?
Yes. Kindly inform the office by mail or email or phone message that you will be temporarily or permanently possessing that space.
Q. Where do my guests and family members park when they visit?
If you assigned parking space is vacant, a guest or family member should park in that spot. If there are more vehicles, they are to use visitors’ spots. All vehicles must be preregistered with the office.
Q. Where must my renters park?
Your tenants must use your assigned parking space. Your owner’s rights to that assigned space, like all other owner’s rights, are released to your tenant during the time of the lease. If your tenant(s) possess more than one vehicle, the Association may impose a reasonable weekly rental fee for parking a second or third vehicle.
Q. Are owners permitted to leave their vehicle on site if they rent or lease out their unit? May they use a visitor’s space to park their vehicle?
No. All parking spaces, both the one assigned to an owner by the Association, and visitor’s spaces are, according to our documents, not deeded. They are limited common elements and as such belong to and are regulate by the Board of the Association. An owner must either remove their vehicle from the property, or secure permission in writing, from an absent owner to temporarily park their vehicle in that unoccupied owner’s space. Both owners must notify the office in writing of such an arrangement.
General Parking Regulations
--Each condo unit has one assigned and designated parking space.
--A valid SBC parking tag must be displayed and hung on the rear-view mirror or dashboard of the vehicle.
--If an owner has more than one vehicle, the second vehicle must be parked in either a visitor space or that of an owner not in residence, with permission of the owner not in residence.
--Renters shall park in the space reserved for the unit being rented.
--Parking passes for renters are available in the SBC office, and are to be picked up at check-in.
--If staying at SBC for four or more hours, all visitors shall be given a parking pass from the office, or a Friends or Family parking pass by their host. The pass must be displayed on the vehicle’s rear view mirror. Renters may not distribute Friends or Family Parking Passes to their guests, but must secure office parking passes.
Use of Utility Parking Spaces
1. Utility spaces are not to be used for permanent storage, except by persons/owners listed on the Volusia County registered deed of the unit and who reside permanently at Sun Beach Club, and live full time in the unit. Proof of deeded ownership and residence will be required. Part-time residents and renters on a lease may have boats on trailers in utility spaces during the leased length of stay, but the vehicles must by legally registered with the state of origin, and registered within twenty-four hours of arrival at Sun Beach Club’s office.
Enforcement of Parking Regulations
All Unit Owners should not only follow these regulations, but encourage their neighbors to do so as well. In addition, it is critical that all owners who rent make their tenants aware of these regulations and demand compliance as a condition of rental.
The Fair Housing Act requires that Condominium Associations make reasonable accommodations to residents who require Handicapped Parking spaces. The guidelines establish that for lots of more than twenty-five spaces, 2 % of spaces be devoted to handicapped parking. Sun Beach Club falls well within that guideline for each of its lots. No designated Handicapped Space may be denied or restricted to any person who requires the use of that space.
Q: What is the policy on requests to view the official records of the Association?
Florida law requires that condominium associations maintain records for the association for at least seven (7) years. The records of the association must be available and open to inspection to unit owners and their designated or authorized representatives. Sun Beach Club Condominium Association declares that the following shall be its policy for inspection of association records:
A unit owner, his or her authorized representative, may deliver by hand or by Certified US Mail, a request to view and or copy official association records. Such request shall be honored by the Board or its designee, most frequently the association manager, within five (5) business days of the receipt of the written request. The written request must designate a date and a reasonable time for inspection during office hours, but not to extend after. The request must specify which records are to be made available for inspection and in what order. Copies will be provided at a fee of $0.25 per page.
The Sun Beach Club Condominium Association records shall include what is considered The Official Records of an Association by Florida Statute 718:
The recorded Declaration of Documents with Rules and Regulations and Bylaws
All financial records
All copies of minutes and agendas of the Board of Directors
All copies of committee meetings open to unit members
The Sun Beach Club Condominium Association records not accessible to unit owners shall include:
Personnel Committee records of present or prospective hires
Legal correspondence to and from the Association’s Board of Directors or manager involving interpretation of law, interpretation of Documents, By-Laws, or Rules and Regulations, law suits, personnel evaluations, and dismissals, Florida Condominium Law, Banking.
A designated or authorized unit –owner representative must be introduced in the written communication sent to the association, and he or she must present his or her credentials before inspecting the Association records.
A lessee is entitled to inspect the recorded Documents of Condominium and the more informal Q & A. The Sun Beach Club shall maintain an adequate number of copies of the documents, bylaws, and all amendments to these documents in the Sun Beach Club office.
Frequently Called Numbers
Advanced Heating and Air 386-427-1665
Animal Control 386-248-1790
Chucks Ducts 386-212-1895
City of New Smyrna Beach 386-424-2100
Climatron Air Conditioning 386-257-5758
Coleman Plumbing 386-428-1838
Department of Motor Vehicles 386-238-3140
Florida Hospital NSB 386-424-5000
Harrison Electric 386-426-2577
Jerry’s Appliance Repair 386-295-0385
NSB Police (non-emergency) 386-424-2220
NSB Post Office 386-427-1961
NSB Urgent Care 386-663-3061
Spectrum Cable 833-694-9259
Terry’s Locksmith 386-427-3967
Tomoka Landfill 386-947-2952
Utilities Commission 386-427-1361
Volusia County Revenue Division 386-423-3325
Waste Pro 386-788-8890
The purpose of this document is to create a code of understandable principles for all homeowners. It will also serve Sun Beach Club homeowners who wish to modify or seek to renovate the limited common elements and also define interior renovations which may be made to units
Sun Beach Club will support any and all modifications to make units more accessible to handicapped owners.
2.1.1. “B”, “D”, and “EL” units which house handicapped owners may have modifications made for wheelchair and scooter accessibility to the unit’s limited common elements (patio) by the use of pavers laid flush to the ground leading to the patios. Paver design will be submitted to the Board of Directors for approval prior to installation. Plans for temporary wheelchair or scooter ramps which do not impede comfortable access by the owner opposite the front door of the unit also will be submitted to the Board of Directors for approval prior to installation. Please also see 3.3 and Appendixes for information. Installation and costs will be borne by the unit homeowner.
2.1.2 Stairways to “A”, “C”, and “EU” units have handicapped railings according to codes. Sun Beach Club will allow and support the installation and maintenance of mechanical stair chairs installed at the homeowner’s expense if the Fire Department and Emergency access code is followed. Permits, design, licenses, equipment storage and proof of contractor license and insurance will be submitted to the Board prior to approval.
Each condo has an address number incorporated into the stucco at the side of the door frame. Building owners of ground floor ‘D’ and ‘EL’ units have the option of installing their address number on the vertical member of the frame of the sliding glass door (not on the stucco). Building owners of ‘B’ units have the option of installing their address numbers on the vertical columns that support the upper patios. The numbers must have the following characteristics:
1. Length X Width = 4 X 2 inches
2. Color: ‘D’ and ‘EL’ Units, beige;
‘B’ Units, blue
Numbers shall be centered on the frame and mounted one under the other, spaced about 1-inch apart beginning at the top of the vertical member of the frame.
Sun Beach Club shall install and maintain wayfinding signage whose objective is to guide residents and visitors to each of the 100 condos located in 16 buildings which are grouped in three different areas:
1. Sun Village Court
2. Bay Breeze Court, and
3. Windover Court
Signage shall consist of a large mimic sign located at the entrance to each area as shown in Figure 1 below. Each condo shown in the mimic shall be identified by its local address rather than the original condo number.
2.2.3 Disallowed Signage
No sign, advertisement, notice or other lettering/numbering shall be exhibited, inscribed, painted or affixed on any part of the outside of a condominium unit or building or on any part of the common elements without the prior written authorization of the Association.
The colors of the SBC Buildings are standardized and may not be modified without permission of the Board. The following colors are specified and obtained from Southern Paint Company:
Blue Trim: Acrylic Semi-Gloss B-2Y8, E-3Y17, M-2Y32, KX-3Y
Patio/Deck: Acrylic 52-33-01 Formula B-Y22, C-2Y22, I-30
Stucco: Tan Acrylic Satin Finish 410-33, B-Y45, C-2Y35 ½, F-11, L-24
Stucco window trim paint shall be elastomeric rubberized coating.
Outside fencing is not allowed to be erected by home owners. Borders, where allowed, shall consist of white or off-white concrete scalloped stones surrounding patios, or plants or shrubs. All plants shall be Florida friendly species (See also 2.7 below)
All plants and shrubs that have been planted, or will be planted in a unit’s limited common elements areas in SBC, must be Florida friendly, coastal-salt hardy, and heat tolerant, requiring little watering after becoming established. The use of sod is discouraged because of its need for regular watering, a precious and expensive commodity. Use of ground covers like Low Jasmine is encouraged in areas previously sodded. No homeowner may plant any tree, fruit tree, shrub, or flower in the common elements area unless they receive the advice and permission of the Grounds Committee. The sprinkling system timing is regulated by the Water Management District to be on each area in the early morning hours on selected nights for 45 minutes a zone, twice a week. The sod formulas used are (sunny) Floratam and (shade tolerant) Palmetto. Mowing of sod will be done once a week in the active growing season, and as needed in the winter. The planting of in-ground annuals is discouraged unless the homeowner is a full time resident and can care for them after their season. Annuals may be planted in pots on patios, but must be discarded when the owner leaves for a season. Periodic trimming of shrubs, flowering plants, and hedges shall be determined by the Grounds Committee. A homeowner may institute a work-order for trimming or removal of a plant, flowering shrub, or hedge with the manager. Please do not interrupt the work of the grounds crew by directing requests to them; please see manager for all grounds and maintenance requests.
There are no usable common elements to support courts for shuffleboard or horseshoes which do not impact on adjacent homeowners’ peace and tranquility.
Curbs to enclose gardens or plantings shall be scalloped and white or off white. They shall conform to the general practice in size.
All regular parking spaces were measured and found to be quite uniform in both length and width. Utility parking spaces were measured as well, and were found to have only minor differences (inches) in length or width. Full list of rules and regulations are provided in the SBC Q&A.
Temporary buildings may not be installed by home owners. Temporary buildings installed by the Association for storage or maintenance shall be designed to match the architectural style of the main condo buildings, e.g. real or simulated wood and frame design with the condo colors for walls and trim as above.
Each condo unit is serviced for electricity and water from common services located on the outside of each building. Water shut-offs for each unit are located underground on the sides of each building. Often, the water shut-off valves service two units an above and a below Unit, so shutting the water off will affect both units. The shut off valves are identified by surface signage that is labeled for each unit serviced. In the event of an EMERGENCY that required shutting off the input valve, the owner or owner representative should search for the valve that services the proper unit. If, in the event that the valve services a second unit, the owner of the second unit should be notified.
Electricity is tapped off of the mains on a panel that is located on the side of each building. Each electrical meter is labeled for the unit that it services. Air conditioning units have a main shut-off switch on the exterior of the unit in a metal box close to the outside unit.
Window Design and protection - All doors and windows must conform to the original style of the condominium. Replacement sliders and windows must meet the architectural installation standards attached.
An exterior water supply is located at several locations on the ground floor exterior of each building. This water supply is for the use of all unit owners in the building. Owners are encouraged to co-operate with their neighbors for the provision of hoses etc. and the use of the external water supply. It is expected that upper floor owners will respect the needs of their neighbors when cleaning outdoor furniture or patio decks.
No homeowner may erect awnings, porch or patio enclosures, or canopies. Nothing is to be attached to the outside of the buildings, nor are porch enclosures allowed.
Patios at the front doors of “D”, “B” and “EL” units should comply with the basic designs contained in Attachments 2,3 and 4 of this document. Patios shall be open (e.g. not enclosed or screened in).
Provided that plans are submitted in writing, and prior Board approval is given, owners of “ B” and “EL” units may renovate the limited common element adjacent to their concrete sliding glass door patio underneath the steps going up to the “A” unit above and to the end of the building. This may take the form of specialized planting which require little or no maintenance and is Florida and coastal friendly. Please consult the Grounds Committee for advice. In all cases, annuals are discouraged unless the homeowner is in residence full time. An alternative is to extend the patio under the steps and along the building to its edge or to the sidewalk, if applicable, by the use of flush, removable pavers.
Patios at the sliding glass doors of the ”B”, “D” and “EL” Units may be modified only by a set of pavers (stepping stones pathway) to lead to the patio from the sidewalk. This extension shall be not be permanent and shall not interfere with lawn maintenance. Pavers flush to the ground level may be installed as a pathway. Pavers should be contiguous and no more than two 12 “ pavers wide unless there is a handicapped owner mobility issue. Three flush pavers (each 12” wide or a total of 36’ in width) from a sidewalk to a patio may be installed by the owner for a handicapped owner or family member regularly in residence.
D units may develop the limited common elements immediately outside their front door and or under the stairs leading up to the “C” unit above by their front door patio. This may take the form of specialized plantings which require little or no maintenance and are Florida hardy and coastal area friendly. Please consult the Grounds Committee for advice. Annuals are discouraged unless the homeowner is in residence full time. An alternative to planting is to pave the area by the use of flush, removable pavers or a mixture of plantings and pavers. By the nature of their uniqueness, E-L Units will be treated as “B” units, on a case by case basis, by the Board.
By the very nature of the “A”, “C” and “EU” units, the patio outside the front door is the only limited common element attached to the unit. New Smyrna Beach Fire Codes prohibit the use of barbecue grills on the patio at the front doors of the “A”, “C” and “EU” units. Only outdoor patio furniture and potted plants which do not block emergency access, are permitted.
Homeowners are responsible for the maintenance and care of their potted plants. Annuals and plants left behind by homeowners will either be discarded or planted in the commons area.
The Association must retain a pass key and access to all units, in case of emergency. No owner shall alter any lock or install a new lock, security system, or bars, without written consent of the Association. Where such consent is given, the unit owner shall provide the association with a new passkey and the necessary code to access the unit.
Homeowners must ensure that the unit fireplace is in good working order before use. It is recommended that fireplaces and flues be swept regularly and artificial or packaged logs be used.
Upper level homeowners must refrain from installing heavy furniture pieces such as butcher blocks, or pianos on the floor. In all units, renewed kitchen and bathroom cabinets must be installed on the same wall area as prior cabinetry, but may be extended toward the ceiling of the kitchen or bath. Please visit the New Smyrna Beach Building Department guidelines at:
In the “B” and “D” units, original floor coverings may be replaced with tile, laminate flooring, or renovated with carpeting. “A’ and “C” units must conform to present flooring configurations. No tile or wood laminate may be installed on areas which are currently carpeted. Tile or wood laminate may be installed on areas which are currently vinyl such as entry ways, fireplace hearths, and kitchen and bath floorings. The upper level loft and the upper level “C” unit may be tiled or laminated since the noise factor will only impact on the “C” unit itself. All modifications shall require prior Board approval with written and drawn plans submitted to the Board.
No unit owner shall make any structural addition, alteration or improvement in or to a unit without the prior written consent of the Board of Administration. The unit owner’s request for approval of a proposed addition, alteration or improvement to a unit shall be submitted in writing to the Board and shall include detailed plans and specifications.
A unit owner who causes damage to another unit or to the common elements as a result of making an alteration, addition or improvement to his unit shall be liable to the owner of such other unit or to the Association, as the case may be.
Appendix 1: General SBC Parking Regulations
General Parking Regulations
1. Parking in regular parking spaces shall be limited to personal, non-commercial vehicles with current state registration, i.e. sedans, mini-vans, vans, motorcycles, SUV’s, and pick-up trucks meant for personal or family use.
2. Vehicles are to be parked head first. This will reduce vehicle exhaust
fumes discharged toward residences and vegetation.
3. A vehicle which cannot operate on its own power shall not remain on the premises for over twenty-four (24) hours.
4. Car repairs shall be limited to routine maintenance only, i.e. changing a flat tire, changing wiper blades, checking fluid levels. No repairs involving changing of fluids shall be permitted.
5. An area for the washing of passenger vehicles is provided. Vehicle washing shall be limited to the area provided and at a time mandated by the City of NSB.
Washing of utility vehicles, including boats, is prohibited.
6. Commercial or service vehicles should be parked either in a visitor’s space, or in the space reserved for the owner of the unit being serviced.
7. Upon renting, an owner forfeits all parking privileges to the renter.
8. Damage to SBC property caused by a vehicle shall be the responsibility of its owner.
--Each condo unit has one assigned and designated parking space.
--A valid SBC parking decal (available in the SBC office) must be displayed in the vehicle’s rear window.
--If an owner has more than one vehicle, the second vehicle must be parked in either a visitor space or that of an owner not in residence after receiving written per-mission from absent owner.
--Renters shall park in the space reserved for the unit being rented.
--Parking passes for renters are available in the SBC office, and must be picked up at check-in or within 24 hours.
--If staying at SBC for four or more hours, visitors shall be given a parking pass, available in the SBC office, by their host. This pass must be displayed on the vehicle’s rear view mirror.
Use of Utility Parking Spaces
1. Utility spaces are only to be used for storage of watercraft and their trailers, utility trailers, and motorcycle trailers.
2. In accordance with local regulations, no vehicle may be used for overnight stays.
3. The lines on the lot indicate the size limits of the vehicles to be stored, i.e. vehicles are not to extend longer than the lines nor exceed the width of
4. Vehicles parked in utility spaces may not exceed ten (10) feet in height.
5. Utility spaces are not to be used for permanent storage of vehicles, except by permanent residents. Renters may store their vehicles in utility spaces only during their stay at SBC.
6. Utility vehicles (trailers, watercraft, etc.) must be licensed and registered with the state and with the SBC office.
7. Three utility spaces are available in each court. If all three spaces in the desired court are already occupied, the user may utilize a space in another court, if available.
Exceptions to Parking Policy
The Board realizes that situations may arise which call for special consideration.
Special consideration should be given for moving vans, major renovations, unusual deliveries, etc
Enforcement of Parking Regulations
Any vehicle in violation of any of the adopted rules shall be subject to towing at owner’s expense.
Owners shall follow these regulations and encourage their neighbors to do so as well. In addition, it is the responsibility of owners who rent to make their tenants aware of these regulations and demand compliance as a condition of rental.
CITY OF NEW SMYRNA BEACH – BUILDING DEPARTMENT
WHEN ARE PERMITS REQUIRED?
A permit is required when you construct, enlarge, alter, repair, demolish or change the occupancy of a building or structure or when you erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing system that is regulated by technical codes. (Florida Building Code, NFPA – Life Safety Code, City LDR)
HERE ARE SOME PROJECTS FOR WHICH A PERMIT IS REQUIRED:
· New wall, ground or pole sign installations or replacement
· New, replacement, or repair of decks and patios
· Concrete repairs, balcony railing repairs or replacement
· Air conditioner installations or replacement
· Fences of all types
· Fireplace, wood stoves, furnaces and heating equipment
· Reroof, skylights, sheds, trellis, seawalls, pavers, parking lot resurfacing
· New in-ground or above ground swimming pools and pool heaters and equipment
· Pool resurfacing and pool tile replacement
· Hot tubs, shower enclosures, new bath tubs
· Balcony enclosures and hurricane shutters
· Window, door, or garage door replacement
· Kitchen or bathroom cabinets replacement
· Burglar and fire alarms and fire sprinklers
PERMITS ARE ALSO REQUIRED FOR:
Interior Remodeling Drop Ceilings New Siding
Window/Door Replacement Tree Removal Water Heater Replacement
Plumbing/Modification Stucco on Wood Frame Electrical Modification
Screen Enclosures Florida Rooms Driveways and Walkways
PERMITS ARE NOT REQUIRED FOR:
Interior& Exterior Painting Carpet Installation Interior Door Replacement
Ceiling Fan Replacement Door Locks Window Treatments
Screen Replacements Range Replacement Plant grass or install tree
PERMITS FOR CONDO UNITS MUST BE APPLIED FOR BY STATE OF FLORIDA LICENSED CONTRACTORS AND STATE OF FLORIDA LICENSED SUBCONTRACTORS. (Electrical, Gas, Mechanical, Remodels)
REPLACEMENT WINDOW and SLIDING DOOR STANDARDS
1) For every job, the individual installer(s) will be approved in advance by Sun Beach Club.
2) The manufacture of the windows and sliding door will be approved in advance by Sun Beach Club. The window and sliding door frames will be manufactured using white vinyl with the same general placement of minions as in the existing windows. The window minions will be between the two layers of glass. The windows and sliding door must be “hurricane proof” and meet all State and Federal specifications or codes for our location.
Approved Manufacturers at this time:
SIMONTON STORMBREAKER /CUSTOM WINDOW SYSTEMS/PGT WINGUARD
3) A building permit must be obtained and registered in the Sun Beach Club office 72 hours in advance of the work to be performed.
4) All additional products used in the installation process such as screws, caulking, insulation must be approved by Sun Beach Club.
Details and procedures to be followed:
• Remove each window and sliding door via a concrete saw process. (STUCCO CUTOUT)
• Vacuum and clean up each opening before the windows are installed.
• If Simontom Stormbreaker windows and sliding door are used place a butyl and foil window sill pan in each opening.
• Install each window and sliding door per manufacturer’s directions with approved fasteners. The number of screw and fasteners must meet or exceed the local building codes.
• Screws and fastener shall be stainless steel/rust proof.
• Foam all windows and sliding door with DOW minimum expansion foam designed for windows,
• Caulk the entire inside and outside of the windows and sliding door with white DUO-SIL adhesive caulking
• DUO-SIL adhesive (caulking) should be use or it approved equivalent.
• Stucco is to be repaired around the windows and sliding door.
• Stucco is to be mixed with bonding agent and applied to the exterior band and blended into the window frames
• Stucco texture applied via floating technique
• The installer will wipe all excess stucco off widows, window frames and building.
• After the stucco is dry, the installer comes back through each window to caulk (DUO-SIL) the window.
• Existing wood frame damage will be repaired on a case by case basis.
• Lifts that will be used are required to meet OSHA standards.
• All scaffolding will be provided by the installer.
• All trash and old windows will be removed from the premises in a timely manner by the installer. No debris is to be placed in a dumpster.
• Any sheet rock wall damaged in the installation process is the installer’s responsibility to repair.
• Any window sill damage is the installer’s responsibility.
• Internal painting touch-up is the home owner’s responsibility.
• All damages to the buildings, grounds, shrubs and plantings will be the Installer’s responsibility. Installer must replace planting damaged with like planting or compensate Sun Beach Club financially.
• Repainting the window and sliding door frames is the Condo Association responsibility.
• The final installation must pass the building and Sun Beach Club inspections.
Sun Beach Club reserves the right to inspect work in progress, and suspend work which does not meet specifications contained herein.