Daytona Riverhouse.com Index

Daytona Beach Riverhouse, Inc.

715 SOUTH BEACH STREET DAYTONA BEACH, FL 32114

PHONE 386-252-4043

INFORMATION GUIDE FOR RESIDENTS

REVISED & APPROVED

BOARD OF DIRECTORS

Approved 11/17/04

Daytona Beach Riverhouse, Inc.

Condominium Association

715 South Beach Street Daytona Beach, FL 32114

Phone 386-252-4043 Fax 386-252-2698

Dear Riverhouse Resident:

Daytona Beach Riverhouse welcomes you to this Condominium, an Association that is a common interest community of 189 private residences housed in four buildings of three stories each. The grounds also contain a swimming pool, tennis court, shuffleboard, boat docks and a clubhouse with saunas.

This guide has been prepared to assist you in getting acquainted with Riverhouse, and to inform you of the services which this Association provides for its residents. At the same time there are certain obligations that each resident has toward the Association and to other residents, and these important guidelines are contained herein.

We welcome you and your family and sincerely hope that your residency here will be pleasant and comfortable.

Daytona Beach Riverhouse, Board of Directors 11/17/2004

INFORMATION GUIDE FOR RESIDENTS

TABLE OF CONTENTS

Click on Link below to go directly to subject

GENERAL INFORMATION REGARDING CONDOMINIUMS 4

CONDOMINIUM DOCUMENTS 4

DECLARATION OF CONDOMINIUM 4

ARTICLES OF INCORPORATION 4

BY-LAWS 4

RULES AND REGULATIONS 4

OTHER REQUIRED DOCUMENTS 4

OWNERSHIP 5

THE OWNER'S UNIT 5

COMMON ELEMENTS 5

LIMITED COMMON ELEMENTS 5

LESSEE'S RIGHTS 5

GOVERNMENT OF THE ASSOCIATION 6

OWNERS RIGHTS AND RESPONSIBILITIES 7

Rules Contained within the Declaration of Condominium 7

Obligations of Members 7

Enforcement of Maintenance 8

Rules Contained within the Riverhouse By-Laws 9

Assessments 9

Maintenance and Repair 9

Use of Units - Internal Changes 9

Use of Common Areas and Facilities 10

Common Areas and Facilities 10

Right of Entry 10

Rules of Conduct 10

Leasing of Units by Unit Owners 11

Notice to Association 11

Regulations Approved By The Board of Directors 11

Assessments 11

Occupancy of Unit Owners and Residents 11

RECYCLING GARBAGE AND TRASH 11

LAUNDRY FACULTIES 12

STORAGE FACILITIES 12

TELEVISION 12

ASSOCIATION OFFICE 12

COMMON AREAS AND FACILITIES 13

Miscellaneous Rules 18

I. GENERAL INFORMATION REGARDING CONDOMINIUMS

We hope following information will assist you in understanding the condominium concept. The condominium lifestyle is different in many ways from single family housing. A condominium is a corporation that is closely regulated by Florida State Law, Section 718. Each condominium and its Association (owners) are governed by this Law, and the individual condominiums legal documents which include a Declaration of Condominium, Articles of Incorporation, By-laws and Rules and Regulations. The operation of a condominium is administered by a board of directors elected by the owners.

It is suggested that all owners become familiar with the above documents. Current copies of the law and related documents are maintained in the Association Office and are available to owners for reference.

II. CONDMINIUM DOCUMENTS – (available in the condo office)

A. DECLARATION OF CONDOMINIUM

The Declaration establishes the basic principles by which a particular condominium is created and developed. It also contains certain rules of conduct for the Association and its members. The Riverhouse Declaration cannot be changed without consent of the owners and mortgage holders. In Riverhouse, a vote of 150 owners and 100% of the mortgage holders is needed for changes to be made to this document.

B. ARTICLES OF INCORPORATION

The Articles establish the legal existence of the condominium corporation.

C. BY-LAWS

The By-Laws detail the requirements and regulations needed to operate the condominium.

D. RULES AND REGULATIONS

The Rules and Regulations document contains a listing of various rules, regulations, policies and procedures that have been established by the Board of Directors to ensure that Daytona Beach Riverhouse remains a beautiful and harmonious living experience.

E. OTHER REQUIRED DOCUMENTS

Frequently Asked Questions, Unit Owner’s Voting Certificate, Unit Owner/Resident Roster, Board and Member meeting minutes are all kept in the condo office.

III - OWNERSHIP

The term "condominium" refers to a form of property ownership in use for many years in Europe which became popular and widespread in the United States in the 1960's

A. THE OWNER'S UNIT

Briefly described, the condominium unit owner is the sole owner of his home, holding title in fee simple. You own the space between the unfinished walls of your unit and certain rights to the common areas of the condominium.

B. COMMON ELEMENTS

The owner holds an ownership interest in the land upon which the condominium is developed, the building structure, the parking facilities, swimming pool, clubhouse, tennis courts and docks, as well as operating equipment. The properties owned in common are called common elements, and each unit owner’s share of ownership is set forth in the Declaration of Condominium. The ownership of an undivided interest in the common elements, called a percentage interest, also gives the unit owner the right to participate in the control of the Association. The obligation to pay a defined Share of common expenses for operating and maintaining all of the common elements is also according to the percentage interests.

C. LIMITED COMMON ELEMENTS

Certain common elements are designated as limited common elements. A limited common element is a portion of the common elements set aside for use by less than all of the unit owners. In most cases a specific limited common element (balcony) is for the use and enjoyment of single unit owner and occupants of the unit. The owner of a unit to which a limited common element is assigned has a specific right to use this limited common element and some restrictions are set forth in the condominium documents.

D. LESSEE’S RIGHTS

As shown in Florida Statutes 718.106 (4). "When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord ..."

GOVERNMENT OF THE ASSOCIATION

E. BOARD OF DIRECTORS

The Condominium, referred to herein as the Association, is administered by a Board of Directors who act as trustees for each unit owner's interest in the common elements. The Board oversees the operations of the Association including, but not limited to:

finances, approval of prospective owners and tenants, insurance, staff, contractors and committees. Under the provisions of this Association’s documents, the Board of Directors consists of seven unit owners. No director may serve more than three consecutive years.

F. FINANCIAL AFFAIRS

Each year the Association compiles an annual budget which contains the estimated expenses which will have to be met in the coming calendar year, based on the services and programs offered at Riverhouse. The Board of Directors must also include in the budget adequate sums for reserves to cover known estimated future expenses called replacement reserves, major repairs or replacements of common elements.

G. ASSESSMENTS

The monthly assessment is the common expense multiplied by the percentage interest of each unit. It is 1/12 of the annual assessment, but is assessed on a monthly basis in accordance with the ownership documents. Each payment is due on the first day of each month without further notice. If not paid within 30 days, interest equal to 10 percent per annum will be charged as per the articles of incorporation.

In the event that an unforeseen expense arises for which insufficient funds have been budgeted for any calendar year, the Board of Directors may levy an additional assessment to make up the deficit. This assessment will be payable by unit owners either in a lump sum or in installments as determined by the Board. Although normal common expenses are apportioned among all unit owners, certain expenses are payable in their entirety by individual owners. If the Association must make a repair on behalf of an owner in an emergency, the charge for that repair must by borne by the owner.

H. RESERVES

Reserves are a way of setting aside money for future repair and replacement of major components of the common elements of the Condominium. They protect unit owners against some special assessments arising from unplanned expenditures incurred by the Association. It is the responsibility of the Board of Directors to determine what accounts must be established in addition to those specifically named by law. Reserves are calculated by means of a formula using the estimated life and replacement cost of each asset. We currently maintain reserve accounts for the following: Roofing, Painting, Paving, Building & Grounds, Clubhouse, Pool, Docks & Seawall, Elevator, Tennis Court, Irrigation System and Misc. (fence, lights, sheds ect.) Under Florida State Law, the requirement for reserves may be waived annually by the Association by a majority vote of owners at annual meeting. Such a waiver is effective for only one annual budget and the vote must be taken annually to continue to waive the statutory requirements.

I. OWNERS RIGHTS AND RESPONSIBILITIES

The obligations of owners at Riverhouse are shown in the Declaration of Condominium and the By-Laws and the Rules and Regulations. They are as follows:

The Following are Rules Contained within the Daytona Beach

Riverhouse Declaration of Condominium

The purpose of the covenants in this section is to maintain a congenial residential community, and this covenant shall exist until this Declaration is modified or until the condominium project is terminated as hereinafter provided.

7. Obligations of Members. Every owner of an interest in one of the units shall (in addition to other obligations and duties set out herein):

(a) Promptly pay the assessments levied by the Corporation.

(b) Maintain In good condition and repair his unit and all interior surfaces within or surrounding his unit, including the balcony and/or patio (such as the surfaces of the walls, ceilings and floors, the windows, sliding glass doors, and screens of individual units) whether or not part of the Unit or Common Elements or Limited Common Elements, and maintain and repair the fixtures therein and pay for any utilities which are separately metered to his Unit. Said Unit shall be maintained in accordance with this Declaration and exhibits hereto, except for changes and alterations approved in writing by the Corporation.

(c) Not use or permit the use of his Unit for any purpose other than as a single family residence and maintain his Unit in a clean and sanitary manner. Nothing in this clause shall be construed to prohibit the leasing of any Unit, except for the purposes aforesaid, said leasing, however, shall be limited to the terms provided for in the By-Laws of the Corporation attached hereto and marked Exhibit B.

(d) Not make or cause to be made any structural addition or change or alteration to his Unit or to the Common Elements or Limited Common Elements without prior written consent of the Developer or a majority of the owner-members of the non-profit corporation, if management of the condominium has been turned over to it.

(e) Not permit or suffer anything to be done or kept in his Unit which will increase the insurance rates on his Unit or the Common Elements or Limited Common Elements or which will obstruct or interfere with the rights of other members or annoy them by unreasonable noises or otherwise; nor shall a member commit or permit any nuisance, immoral or illegal act in his Unit or in or on the Common Elements or Limited Common Elements.

(f) Conform to and abide by the By-Laws and uniform rules and regulations in regard to the use of Units and Common Elements and Limited Common Elements which may be adopted from time to time by the Board of Directors of the Corporation, and to see that all persons using owner's property by, through, or under him do likewise.

(g) Allow the Board of Directors or the agents and employees of the Corporation to enter any unit for the purpose of maintenance, inspection, repair, and replacement of the improvements within Units or the Common Elements or Limited Common Elements, to determine compliance with these Restrictions, Reservations, Covenants, Conditions and Easements and the By-Laws of the Corporation.

(h) Show no sign, advertisement or notice of any type on the Common Elements, Limited Common Elements, or his Unit and erect no exterior antennas and aerials except as provided under uniform regulations promulgated by the Corporation. This sub-paragraph (h) shall not apply to the Developer and/or institutional first mortgagees.

(I) Plumbing and electrical repairs within a Unit shall be paid for and be the financial obligation of the owners of a Unit, whereas the corporation shall pay for and be responsible for repairs and electrical wiring within the Common Elements and Limited Common Elements, except, however, any plumbing and electrical repairs, whether within a Unit or Common Element or Limited Common Elements, made necessary by any act of an owner, shall be paid for by and be the financial responsibility of such owner.

8. Enforcement of Maintenance. In the event owners of a unit fail to maintain it as required herein or make any structural addition or alteration without the required written consent, the Corporation or any owner with an interest in any unit shall have the right to proceed in a court of equity to seek compliance with the provisions hereof. The Corporation shall have the right to levy at any time a special assessment against the owners of the unit for the necessary sums to put the improvements within the unit in good condition and repair or to remove any unauthorized structural addition or alteration. After making such assessment, the Corporation shall have the right to have its employees and agents enter the unit at any time to do such work as deemed necessary by the Board of Directors of the Corporation to enforce compliance with the provisions hereof.

The Board of Directors of the Corporation may enter into a contract with any firm, person or corporation for the maintenance and repair of the condominium elements and may join with other condominium corporations on contracting with the same firm, person or corporation for maintenance and repair.

The Following are Rules Contained within the Daytona Beach

Riverhouse By-Laws

Obligations of the Owners

Section 1. Assessments. All owners are obligated to pay monthly assessments Imposed by the Association to meet all project communal expenses including specifically, but not by way of limitation, fire and extended coverage and vandalism and malicious mischief and public liability Insurance. All owners agree to pay the taxes on their unit whether assessed directly or assessed against the condominium as a whole and prorated by the Board of Directors.

Section 2. Maintenance and Repair.

(a) Every owner must perform promptly all maintenance and repair work within his own unit and upon that limited common property known as either the patio or balcony which Is adjacent to his own unit, all of which If omitted would affect the project In its entirety or in a part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so may engender.

(b) All the repairs of Internal Installations of the unit, such as water, light, gas, power, sewage, telephone, air conditioners, sanitary installations, doors, windows, lamps, and other accessories belonging to the unit area shall be at the owner’s expense, unless the repair is covered by the above referred to insurance.

(c) An owner shall reimburse the Association for any expenditure incurred in repairing or replacing any common area and facility damaged through his fault, or through the fault of any agent, guest or lessee of such owner.

(Note: Daytona Riverhouse is not responsible for damage caused by events or actions that, because of an owner’s absence, become worse than if discovered on a timely basis. Absentee owners are advised to have their unit monitored frequently during their absence.)

Section 3. Use of Units - Internal Changes.

(a) All units shall be utilized for residential purposes only.

(b) An owner, other than the Developer, shall not make structural modifications or alterations in his unit or Installations located therein without previously notifying the Association In writing, through the Board of Directors, and securing permission from the Board of Directors to so modify or alter his unit. The Board of Directors shall have the obligation to answer within ten (10) days and failure to do so within the stipulated units shall mean that there is no objection to the proposed modification or alteration.

Section 4. Use of Common Areas and Facilities and Restricted

Common Areas and Facilities.

An owner shall not place or cause to be placed in the walkways, stairways, vestibules, and other project areas and facilities of similar nature, any furniture, packages, or objects of any kind. Such areas shall be used for no other reason than for normal transit through them.

Section 5. Right of Entry.

(a) Each owner hereby grants the right of entry to the manager or to any other persons authorized by the Board of Directors of the Association in case of emergency originating in or threatening his unit, whether the owner is present at the time or not.

(b) An owner shall permit representatives of the Association when so required, to enter his unit for the purpose of performing installations, alteration, or repairs to the mechanical or electrical services, provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. In case of an emergency, such right of entry shall be immediate.

Section 6. Rules of Conduct.

(a) No resident of the project shall post any advertisements, or posters or any kind in or on the project unless as authorized by a majority of the Board of Directors.

b) Residents shall exercise extreme care about making noises or the use of musical Instruments, radios, television and amplifiers that may disturb other residents.

(d) It is prohibited to dust rugs, etc. from windows or balconies or to clean rugs, etc. by beating on the exterior part of the project.

(e) No owner, resident, or lessee shall install wiring for electrical or telephone Installations nor shall he install any type of television antennas, machine or air conditioning units, etc. on the exterior of the project or that protrude through the walls or the roof of the project except as authorized by a majority of the Board of Directors.

(f) No owner, resident or lessee shall be permitted to keep any large pet on any part or in any part of the condominium project. Only small pets shall be allowed and all such pets must be kept in private quarters unless on a leash and must be walked in the designated areas in accordance with the rules and regulations established by the Board of Directors of the Association. For obvious health and sanitary reasons no pets are permitted around the pool area and each pet owner is responsible for the clean up after his pet.

(g) It is prohibited for residents or their guests to park boat trailers or trailers of a type used for hauling or moving or commercial vehicles other than ordinary passenger cars on the common property.

(h) It is prohibited to throw garbage or trash in or on any part of the project except in the trash chutes provided for such purposes on each floor of the project.

Section 7. Leasing of Units by Unit Owners.

(a) No owner of a condominium unit may lease his or her unit for a period of less than thirty (30) days.

(b) In the event an owner of a condominium unit desires to lease his or her unit for a period of more than ninety (90) days, the unit owner must obtain the written consent of the Board of Directors of their approval of the proposed lessee.

Section 1. Notice to Association. An owner who mortgages his unit shall notify the Association through the President of the Board of Directors the name and address of his mortgagee; and the Association shall maintain such Information in a book entitled “Mortgagees of Units”.

The Following Contains Daytona Beach Riverhouse Rules

and Regulations Approved By The Board of Directors

1. Assessments

The monthly assessment is 1/12 of the annual assessment and is assessed on a monthly basis in accordance with the ownership documents. Each payment is due on the first day of each month without further notice. If not paid within 30 days interest equal to 10 percent per annum will be charged as per the Declaration of Condominium.

2. Occupancy of Unit Owners and Residents

A fee established by the Board of Directors must be paid in advance to assist in the cost of assessing prospective residents/owners. They must provide certain information so the Association may determine the acceptability of applicants. The prospective occupant may not occupy the unit prior to completion of the screening process and a Certificate of Occupancy is signed by a member of the committee or the President of the Association.

3. RECYCLING GARBAGE AND TRASH

A. The recycling bins are located on the northwest and southwest corners of the grounds.

B. A garbage disposal chute is located on each floor adjacent to the laundry room. Garbage must be wrapped in plastic or other appropriate bags and securely tied. No loose cat litter is to be dropped down the chutes. Items too large to fit in the chutes must be placed in the dumpster on the ground floor. No construction or demolition materials of any kind are to be deposited into the dumpsters. Any surcharge imposed by the waste company will be the responsibility of the offending units’ owner.

C. The city currently makes pickups of large discarded items. Request information from the office as to where to place the items for disposal.

4. LAUNDRY FACILTIES

Laundry facilities are located on each floor. The equipment is owned and maintained by the Association. The machines are coin operated, and the prices are set by the Board of Directors. Laundry facilities are for the use of Daytona Riverhouse residents only. Laundry facilities are open from 6 AM until 10 PM, daily. Residents are requested to remove laundry promptly when completed.

In-unit laundry machines are not allowed at Daytona Beach Riverhouse because the original plumbing was not built to accommodate washer discharge, the water used is a common expense and there is no means to properly vent dryers that meets building codes.

5. STORAGE FACILITIES

Storage rooms are located on the ground floor of each building. Each unit is entitled to one storage unit. Each bin is marked with a unit number. Owners must provide their own lock. No flammable material or paint may be stored in these areas. Written permission from a bins owner must be obtained, and filed in the office, to use more than one bin.

6. TELEVISION

Cable television is provided for all units and the cost is included in the maintenance assessment. Please be conscious of the volume of your entertainment devices as we all live in close proximity. Outside antennas may not be installed on any common element by an owner.

7. ASSOCIATION OFFICE

a. General services are provided through the Association Office. Our Condominium Manager supervises day-to-day operations, but or President is the Executive Director of the Corporation. Among the services in the office are photo copies and faxing. Prices are set by the Board of Directors at the time of the annual budget. Forms are available in the Office for reporting maintenance requests etc. All requests for action by Management or the Board of Directors must be in writing and signed by the resident.

b. Records Review-By prior arrangement with the manager, records may be reviewed for up to 30 minutes per day on two days per week. Copies of records may be made by residents at a cost. Records must be returned to the files in proper order.

c. Restricted Records-There are three types of official records which are not available to unit owners and may only be examined by the President or Secretary of the Board of Directors. They are as follows: Association attorney records that have to do with litigation. Information obtained by the association re: approval of the lease, sale or other transfer of a unit. Medical record of unit owners.

8. RULES AND REGULATIONS CONCERNING COMMON AREAS AND FACILITIES

a. No ball playing, Frisbees, skate boards, roller blades, roller skates or kite flying are permitted on the premises except on the beach east of the seawall.

b. Climbing fences is forbidden.

c. Except in an emergency, repair of vehicles on the premises is prohibited.

7. Bicycles shall not be ridden or left standing in any manner that may interfere with the use of walkways by pedestrians.

8. Hanging garments, rugs etc. from any railing is prohibited. Clothes lines and laundry drying on balconies and porches is prohibited.

9. No sign, advertisement, poster, decoration or ornament may be posted in the common areas. Decoration, such as holiday wreaths etc. may be applied to the front door of units, behind the storm or screen door, as long as they in no way protrude into the common area.

10. No solicitation or commercial advertising is allowed on the premises unless approved by the Board of Directors.

11. No carpet is to be laid or installed on any balcony (the outside limited common area of a unit). If tile or other covering is applied to the balcony floor, the unit owner is responsible for its removal if inspection of the floor surface condition becomes necessary. Storm shutters or any addition to the limited common area balcony of a unit are the responsibility of the unit owner. Removal, storage and re-installation, in case of balcony maintenance or inspection, is the responsibility of the unit owner. If inspection or maintenance becomes necessary, and the owner cannot be contacted or has not removed the shutters or addition, Daytona Riverhouse will contract to have them removed, stored and re-installed, and the owner will be charged the cost of said service. All items must be removed from balconies if owner is to be absent (out of town) longer than seven days.

B. PETS

1. One domestic pet weighing up to 25 pounds when fully grown is allowed, without express approval of the Board. All pets must be registered with the Association office.

2. Pets must be kept on a leash at all times when outside the owner's/residents unit.

3. Pets must not be walked on the lawns, and must be walked in the designated walk area which is in the northwest corner of the property, behind the fenced recycling compound.

4. If a pet has an "accident" on any area on the property, the owner is responsible for immediate clean up.

5. If any pet causes a disturbance, the owner shall correct the problem immediately or remove the pet from the Riverhouse complex. If owner does not correct the problem the Board will do so, and any expense involved will be billed to the pet's owner.

6. Owner must carry pets while on elevators unless the Board of Directors has granted permission otherwise.

C. CLUBHOUSE

1. The clubhouse may be used by any Riverhouse resident for private parties. For such affairs permission and reservations must be obtained in advance from Management, or the Board of Directors. The actions of the guest are the responsibility of the person making the reservations.

2. The Association Office will collect a cleaning deposit which will be refunded if the clubhouse is properly cleaned following the event.

3. When using sauna appropriate attire is required. Wet bathing attire may not be worn into the clubhouse.

4. The clubhouse is not available for fraternal or commercial meetings.

D. PARKING

1. Parking spaces are separated into 3 categories:

a. Numbered Spaces - One numbered space is assigned to each unit and is reserved for the exclusive use of residents or guests of that unit. Numbered spaces may not be changed or reassigned without approval of the Board of Directors. Unit owners having unused reserved spaces and wishing to permit use by residents of units other than their own shall notify the Board of Directors in writing.

b. Guest Spaces - Parking spaces identified by the word "guest" are for use by visitors or residents possessing more than one vehicle. They may also be temporarily used by all others having legitimate and lawful reasons to be on Riverhouse property. Guests of residents are permitted to park recreational vehicles having self-contained motor power for a period not to exceed 14 days in any calendar year, provided that the vehicle is of a size that it may be contained within the confines of one parking space. Guest spaces are not to be used in lieu of an assigned numbered space.

c. Special use spaces - The Board of Directors may designate certain spaces for special use, such as postal vehicles, handicapped persons, temporary parking for non-conforming vehicles and such other purposes as may be deemed necessary. In such cases the space shall be marked to define the special use authorized.

2. Conforming Vehicles - Conforming vehicles authorized to be parked in Riverhouse spaces include: Currently licensed, non-commercial automobiles, pick-up trucks, motorcycles and passenger vans.

3. Non-Conforming Vehicles - Non-conforming vehicles include boats, boat trailers, utility, trailers, travel trailers, camping trailers, truck campers, moving vans, moving trucks, commercial vehicles with or without writing on them, motor homes, and any other vehicles of such a length as to impede the orderly flow of traffic, and no vehicle may be wider than 8 feet. The only exception to this regulation is a furniture mover's vehicle, for which the unit owner or tenant must made prior parking arrangements with the Manager. If an overnight stay is required it must conform to guest parking regulations, including use of a guest parking card.

3. Condition of Vehicles - All vehicles at Riverhouse must be in operable condition. Vehicles leaking fluid to such an extent that they cause puddling shall be removed from the premises. Repair work is prohibited except for emergency repairs. Long term storage of vehicles in guest spaces, even though operable, by other than residents is not permitted.

4. Speed Limit - Speed limit on Riverhouse property is 10 miles per hour.

5. Car Covers – Only removable commercial covers designed for cars and trucks are allowed. Tarps and plastic drop cloths are not allowed.

6. Stored Vehicles – Keys for vehicles left for over one week should be left with the Manager in the Office. Owners will be responsible for all fees if their vehicle must be removed for maintenance or emergency.

7. Violation-Vehicles in violation of these regulations may be removed from the Riverhouse property by a commercial towing firm at the owner's expense. In addition, legal action may be taken to enforce compliance with the Riverhouse Condominium By-Laws and Rules.

8. Vehicle Identification-All resident vehicles must be registered with the Association and are issued a decal to be affixed to the inside lower left portion of the windshield. Visitors are provided with a dashboard guest card, which can be obtained at Riverhouse Office.

E. SWIMMING POOL

1. Pool hours are from 7:00 AM to 11:00 PM. The pool is not supervised, therefore you must use it at your own risk.

2. No glass items of any kind are permitted in the pool area.

3. Residents are responsible for the behavior of their guests and must accompany them when they visit the pool.

4. Children under 14 years must have responsible supervision.

5. No floats, rafts, life rings or similar articles are allowed in the pool area.

6. Ball playing or throwing of any type of object is prohibited.

7. No shoving, running or other horseplay is allowed in the pool area.

8. Due caution shall be used when jumping from the edges of the pool. No diving is allowed.

9. Towels or garments shall not be hung over the fences.

10. Infants and small children up to 5 years old must be accompanied by an adult while in the pool. Children in that age group must wear swimming diapers and/or bathing suits. They may not be naked or wear regular diapers.

11. All bathers must shower before using the pool.

12. All bathers shall wear appropriate swimming attire. "Cut-Offs" are not deemed appropriate.

13. Wearing a wet bathing suit in the clubhouse is not allowed.

14. Residents are requested to be sure the pool gates are closed behind them.

F. TENNIS COURT

1. The court shall be for the use of residents and authorized guests only. Residents are responsible for the behavior of their guests.

2. No glass containers of any kind are allowed.

3. No pets are permitted in the court area.

4. Due consideration shall be used in limiting your play when others are waiting to play.

5. Time limit for singles play is one hour.

6. The limit for doubles play is one hour and 15 minutes.

7. Activities other than tennis are prohibited.

8. Shoes, other than tennis shoes, are prohibited.

9. The court hours are from 8:A.M. to 9:P.M.

G. BOAT DOCKS (Modified 8/15/2010)

1. Definitions and Vessel Length

For the purpose of this section a "vessel" shall be defined as per the statutes of the State of Florida. That is a vessel is a boat or any conveyance on the water. "Dock" shall be defined as the area extending from the west side of the riverside walkway to the eastern ends of each finger pier. "Beach" shall be defined as the area extending from the west side of the riverside walkway to the eastern end point of the fence which marks the southern boundary of the property, and the northern most point of dry land at low tide east of the seawall.

The minimum vessel length allowable for dockage is 10 feet and a minimum beam of 4 feet. The minimum vessel length is as per the vessel registration documents or a center line measurement from the tip of the bow to the rear of the transom. The maximum length of a vessel allowable for dockage is 34 feet. The maximum length shall be recorded as a centerline measurement from the tip of the bow or bow extension to the stern most point of the vessel or it's attached equipment. In no case may a vessel or any of it's equipment extend more than 4 feet beyond the eastern tip of the dock nor close enough to the seawall to cause potential damage.

Vessels allowed to be stored on the beach may not be greater than 10 feet in length unless they have a beam of less than 4 feet. Vessels with a beam of less than 4 feet may be stored on the beach. Vessels may not be stored at the waters edge. Vessels must be stored at the racks.

2. Assignment of Slips

Use of docks and beach is restricted to vessels wholly owned by residents, except as provided below for vessels of visitors.　 The Manager and the Dockmaster assign dock and beach　 space.　 The dock and beach assignments may be changed only by their mutual permission, or by the Board of Directors.

　　　　　　　　　 When dock and beach space becomes available, notice will be forwarded to the next person on the list, at their currently recorded mailing address.　 If the Manager and Dockmaster are not contacted by said person within 14 days of the mailing, the next person on the list will be contacted.　 The non-responding person will remain at the head of the list until they either notify the Manager and Dockmaster that they are no longer interested, or they do not respond to two mailed notices.

Slips assignments may be exchanged between two owners who currently are assigned valid slips with a mutual agreement in writing between the two owners and approval by the Manager and Dockmaster. If an owner is not happy with their slip assignment and can find no other owner to trade with them, they may re-insert their name on the end of the waiting list and wait to be assigned another slip. The owner may continue to use their assigned slip while awaiting a new slip assignment.

2. Extended Absence

　　　　　　　　　 Assignment is made on a first come, first assigned, basis and is subject to forfeit if unoccupied for more than thirty (30) days.　 An extension may be granted if a valid reason is presented to the Manager and Dockmaster in writing prior to the end of the 30 day period.　 Maintenance and an extended trip shall be considered the only valid reasons, and such absence shall be limited to a maximum of 90 days.

　 Written notice of a vessel’s removal for maintenance, and its expected date of return shall be provided to the Manager and Dockmaster within forty-eight (48) hours of its removal.　　 Absence of more than thirty (30) days　 for maintenance shall require written proof of the validity of such maintenance.　 Any non-maintenance absence of more than thirty (30) days, or ninety (90) days for valid maintenance, shall result in the dock space being reassigned to the next available person on the waiting list.　

If a vessel owner intends to take his/her vessel for a trip that exceeds 30 days in duration, the owner shall notify the Association Management and Dockmaster in writing of the expected duration of the trip, which in no event shall exceed a 90 day period.　 The vessel slip shall be open to use by other owners' vessels during the duration of the assigned slip owner's absence and no such use shall permit the temporary slip user from using the assigned slip owner's equipment (i.e., dock lines, fenders, water hoses, etc.).　 Any such temporary slip usage shall require the user to comply with all other rules and regulations pertaining to use of the boat slips, including proof of insurance and current boat registration.

If the owner of a vessel who has given notice of intent to take an extended trip beyond the aforesaid 90 day period elects to return before the period expires, as stated in the written notice of intent to take an extended trip, such vessel owner shall notify the Association Management and Dockmaster at least 7 days in advance of the estimated return date. This is necessary if the vessel owner's slip is being occupied by a third-party vessel so it has adequate time to be removed. The owner who is using the slip on a temporary basis has 48 hours from receiving notice to remove the vessel from the slip.

If owner of absent short term (under 30 days) vessel agrees, the Manager and Dockmaster may reassign the vacant space to another vessel on a short term, temporary basis.　 Such reassignment shall expire when the original vessel is ready for return to the dock.　 Owner of the returning vessel shall provide the Manager and Dockmaster with notice of intended return date at least forty-eight (48) hours prior to return.　　　 The reassigned vessel shall, upon notice to its owner from the Manager and Dockmaster, be removed within twenty-four (24) hours of notice.

　　3. Dockage Agreement and Insurance　　　　　　　

The owner(s) of any vessel receiving dockage, on the water or beach, must sign and date a Daytona Riverhouse Dockage Agreement prior to receiving dock/beach space.　 The Dockage Agreement shall include a copy of the dock rules, a copy of the owner’s vessel insurance policy with proof of liability insurance in the minimum amount of $100,000.00, proof of ownership, and proof of valid Florida registration for current year (if vessel requires registration).　 This Dockage Agreement shall be kept on file in the Association office and must be kept current.　 Failure to comply with the requirements of the Dockage Agreement shall be valid basis for reassignment of dock space.　 All vessels at the docks, and on the beach, shall at all times display in plain sight a valid Riverhouse boat　 sticker for owner identification purposes.

　4. Renters Rights to Dockage

　　　　　　　　 When a unit owner rents his unit, he relinquishes his right as an owner to the use of the recreational facilities of Riverhouse, except as the guest of the renter.　 Therefore he loses his preferential treatment as an owner, and all dockage previously assigned on the basis of being an owner must be immediately vacated.　 Renter may make application to be placed on the dock space assignment list, but such placement follows the first come, first assigned, basis.　 It shall be noted 　 that dockage is part of the common elements of the complex, and no dockage is specifically assigned to, or the specific right of, any unit except as complies with these rules of assignment.

5. Rules of Enforcement

These Rules and Regulations will be enforced in accordance with the By-Laws of the Association, and may be changed from time to time by the Board of Directors.

6. Maintenance of Vessels

It is the responsibility of each vessel owner to maintain his vessel in all respects ready for the sea at all times.　 An owner may at any time be required by the Dockmaster or Manager to demonstrate that his vessel is in operating condition.　 Under the Dockmaster’s or Manager's observation, the vessel must travel to the Halifax River channel and back under it's own power upon request.　 Owners whose engines are inoperable or whose vessel has a serious maintenance problem must notify the Manager and Dockmaster immediately, and advise of remedial actions being taken.

7. Emergencies and Responsible Party

In the event of an emergency and the absence of the owner, the Manager or Dockmaster has the right, but not the obligation, to take prudent action to safeguard all vessels and property of Riverhouse.　 The Dockmaster or Manager shall not be liable for any actions taken or directed in an emergency situation. Owners must reimburse Riverhouse for any and all actions taken, and costs incurred, in emergency situations on behalf of owners.

Any vessel owner who will be absent from the Riverhouse property for more than 48 hours will designate a "responsible party" who will assume the responsibility for the vessel in the owners absence. This "responsible party" will be designated on the appropriate Riverhouse form which will be signed by the owner and the responsible party. Failure to have a designated local responsible party during an owners absence can be grounds for re-assignment of the dockage space.

8. Dangerous Conditions

Use of any open flame equipment on the docks is prohibited.　 Owners shall correct dangerous conditions of any kind immediately.　 Vessels must be properly secured to the dock, and the Manager or Dockmaster may require Owners to use more or larger mooring lines if it appears advisable.　　 The Owner shall be responsible for any damage caused to the dock or seawall by any of his, his vessel's or his guest’s actions.

9.　 Noise

The rules of conduct applicable to all other areas of Riverhouse apply to the dock areas and vessels there at.　 Equipment such as TV sets, radios, VCRs or loud hailers shall not be allowed to create a nuisance by being played at too high a volume.　 Rigging must be secured to prevent slapping and chattering.

10.　 Garbage and Waste

Garbage, refuse, or waste shall not be thrown overboard or otherwise disposed of into the harbor’s waters or onto piers.　 There shall be no discharge of oil, fuel, solvents, flammable liquids, poisons, or other pollutants.

11.　 Visiting Vessels

These may be accommodated on a space available basis.　 Residents must obtain prior written permission from the Manager and Dockmaster for visiting vessels.　 The resident is responsible for the conduct of his visitors.　 Visits are limited to two weeks, and visitors must provide written proof of compliance with all requirements of the Dockage Package prior to occupying the dock or beach space.

12.　 Dock Improvements

Owners may add fender boards, dock boards, ladders and mooring whips to improve the docks and protect their boats with the approval of the Manager and Dockmaster. No cleats or mooring attachments may be mounted on the seawall except on slip number one and eighteen. These two slips may have cleats or mooring devices professionally installed on the eastern face of the seawall at the expense of the owner who is assigned the slip. Other slips my have cleats installed on the pilings and dock. All cleats must be installed below the dock deck level and not more than four cleats per slip may be installed. It is recommended that vessels be secured to the pilings and not cleats.

13.　 Advertising

Advertising is not permitted at the docks or on vessels.

14.　 Commercial Use

Business entertaining is allowed so long as it conforms to the rules and regulations of Riverhouse.

15. Electric and Water Use and Equipment

Electric outlets on the docks are for maintenance and emergency use only. Owners may use the electric outlets for battery charging, but for no more than 24 hours at a time, on an infrequent basis. If for some reason an owner needs to use the electric outlet for more than 24 hours, or on a frequent basis, he must obtain permission from the Manager and Dockmaster by providing them with the reason for the extended or frequent use in writing. The Manager or Dockmaster may deny permission to use the electrical outlets on a more extended or frequent basis and require the owner to remove the vessel from the docks.

Battery chargers should be marine type and not automotive type so as to reduce the incidence of galvanic corrosion to vessels at the docks.

Mis-use of the electrical outlets as per these rules shall be cause for the revocation of dockage privileges. The first offence shall be in the form of a verbal or written warning from the Manager or Dockmaster. The second offence shall be a warning by certified letter from the Manager or Dockmaster. On the third offence the owner shall be called before the Board of Directors to explain their non-compliance with the rules. The Board than may take action as required.

Each slip is allowed to have a hose and hose holder. Hose holders shall be mounted below the level of the seawall and dock planking. If hoses are run permenatly from the faucet east down the dock they must be mounted below the dock deck level.

16. Tropical Storms and Hurricanes

If a tropical storm, up to hurricane strength, approaches Riverhouse and an owner chooses to remain at the dock, the vessel must be turned so the bow faces to the east. It is not advisable to leave a vessel at the Riverhouse dock in any storm that is of tropical strength because of it's exposure to the river and wave action. Any threat of a hurricane strength storm approaching Riverhouse and all vessels must be removed from the docks and beach. The Manager and Dockmaster shall determine when vessels should be turned east and when they should be removed from the docks completely.

F. Miscellaneous Rules

1. Any resident participating in volunteer work on Riverhouse property must obtain permission from the Board of Directors and sign a release in the office.

2. All rental condominiums must comply with the Occupational License requirements of the City of Daytona Beach.

3. All renovation and maintenance work must comply with the building codes of the City of Daytona Beach and Building Permits must be obtained and posted where required.

4. All owners must follow the procedures of the Architectural Review Committee before any modification to the interior or exterior of their unit.

5. Daytona Beach Riverhouse has adopted the City of Daytona Beach’s definition and code requirements for a single-family dwelling. This definition is as follows:

“Any one of the following when living together in a dwelling unit or using it as a common place of abode for 30 days or more in any three-month period:

A natural family of one or more persons who are all related to each other by law, blood, marriage, or adoption.

Six or fewer persons living together in a facility licensed by the Florida Department of Children and Family Services in accordance with F.S. § 419.001(2) or amendments thereto.

A maximum of two unrelated persons.