LAKEMONT COVE CONDOMINIUM
ASSOCIATION, INC. (LCCA)
These Rules and Regulations are extracted (summarized and paraphrased) from the governing Condominium Documents, LCCA Declaration of Condominium (DOC), Articles of Incorporation and the LCCA Bylaws. Other Rules have evolved since those documents were written.
View the documents online, at - http://www.leeclerk.org/SearchOfficialRecords.htm. Select “Public Search” and accept the condition of use at the bottom of the page. On the next page in the “Search Records” box at the left, select “Instrument #” and enter - 3263276 for the DOC. For the Amendment to the Bylaws, enter - 5154045.
Owners received these documents when you purchased your condominium in Lakemont Cove. The Board of Directors intends to provide our owners with the most recent copy of the LCCA Rules and Regulations booklet with this mailing in February 2018. An current copy of the LCCA Rules and regulations is always available on the website www.lakemontcove.com. Additional copies are available for new owners upon request to the Management Company or Board of Directors.
Residents of Lakemont Cove are also subject to the Rules and Regulations of Pelican Landing as part of the total community.
The purpose of these guidelines is to preserve Lakemont Cove as a quality living environment, aesthetically pleasing in its appearance and operation and protect your property values.
As a general principle, the Lakemont Cove Condominium Association, Inc. does not allow behavior in the Recreational and other Common Areas that put owners and residents at unnecessary risk and possible personal injury liability. These areas must be enjoyed by all in the safest manner possible. Common sense dictates that damages to property, personal risk and injury be avoided.
It is the responsibility of all owners and residents to ensure that the Rules and Regulations are:
- Communicated to those who use the Recreational and other Common Areas;
- Complied with when unsafe and risky behavior is underway;
- Reported to the Board and/or the Management Company in writing so that violations and infractions can be addressed and corrected.
The posting of Rules and Regulations alone is insufficient to ensure a safe environment. They must, and will be, strictly enforced
Rules and Regulations
Recreational Areas (Pool, Pool Deck, Spa, Exercise Room, Grills and Clubhouse):
Please observe all Rules and Regulations.
Persons under 12 and under must be supervised at all times in the Recreational Areas by an adult with responsibility for that person (e.g., parent, grandparent or guardian).
Smoking is not allowed in the Recreational Areas.
Please limit cell phone use in the Recreational Areas.
Pool, Pool Deck and Spa:
- The Pool and Spa hours are from Dawn to Dusk daily.
- An adult must be present and attentive while a person under 12 is in the Pool.
- Children not toilet trained must use “swim diapers” in the Pool. The need to keep the Pool clean is obvious.
- If a fecal accident occurs in the Pool, the parent, grandparent or guardian of the child having the accident will be responsible for all expenses incurred to comply with procedures required by the Lee County Health Department to return the Pool to operation.
- No diving or jumping into the Pool or Spa, or running and horseplay in the Pool area. You and others may be injured. Throwing others, or leaping from shoulders, is risky and not allowed, nor is any act in the Pool which may injure either you or others.
- Loud noises must be kept to a minimum. Boisterous conduct is not permitted in the Pool area at any time.
- Persons with infections, open cuts and wounds, are not allowed to use the Pool or Spa.
- Showers must be taken before Pool or Spa use to comply with Public Health Regulations.
- Reasonable decorum should be used in Pool and Spa clothing, such as conventional swimsuits and trunks.
- Pets, bicycles, wheeled toys and roller blades, are not allowed in the Recreational Area.
- Inflatables, floating toys, and large objects, other than safe swim-aids or exercise aids are not allowed in the Pool.
- Persons younger than 12 must be supervised in the Spa and are not permitted to operate the Spa controls. An adult must be within arms length of a child in the Spa.
- The Recreational Area is for the use of owners, residents, their guests or lessees. Guests, friends, or relatives of owners, who live locally but not at Lakemont Cove, are not allowed to have unlimited “free access” to common area facilities such as, the Pool, Spa, Clubhouse and Library / Card Room. If possible, guests should be accompanied by the owner or resident.
- No alcoholic beverages or food is to be consumed on the Pool Deck. Both of these items must be consumed in the Clubhouse or in the screened lanai areas only. Glass of any kind is not allowed in or near the Pool area for obvious safety reasons.
- All table umbrellas are to be re-furled after use. All chairs are to be placed at the tables after use. Place all chaises to the rear edge of the Pool Deck after use.
- All chairs and chaises must be covered with a towel during use. Please remove towels from the chairs, tables and chaises when leaving the Pool area. Chairs, tables and chaises are not to be removed from the Pool and Spa Area.
- Areas in front of and adjacent to the Pool and Spa stairs must be kept clear. DO NOT place chairs, tables, chaises or equipment within 4 feet of the edge of the Pool or Spa. This may result in a citation from the Lee County Health Inspector and a $500 fine for the Association. Any fine incurred will be passed to the owner responsible including their family, guests or lessees.
- Radios, stereos, etc. are not permitted unless used with a headset with the exception of community activities as approved by the Board of Directors.
- All children are the sole responsibility of the parent, grandparent or guardian, and shall be closely supervised by an adult. Parents, grandparents or guardians will be held liable for misconduct, damages or violations of condominium rules.
The Pelican Landing Beach is an excellent location for exuberant and vigorous play. Please use this facility if you feel you are unable to comply with these Rules and Regulations.
- Clean Grills after each use. Be cognizant of the need for cleanliness for subsequent use by others and for the control of pests.
- Prepare your food and remember that the food may not be consumed on the Pool Deck.
- The Grill valves must be shut off after each use.
- Barbeque grills are NOT allowed on lanais, in garages, on driveways, or other common areas. Propane type grills are not allowed in the unit buildings as they are extremely hazardous. They are a major fire risk, and most of all, produce potentially fatal toxic fumes.
- Only unit owners or residents may reserve the use of the Clubhouse or Card Room by completing the reservation form online at www.lakemontcove.com
- Your function MUST include clean-up. Please take all garbage in plastic bags to the dumpster. DO NOT leave garbage in the Clubhouse. Leaving trash containing food waste attracts vermin.
- The unit owner or resident is responsible for the complete clean-up and the safe guarding of Clubhouse property. No food or drink may be consumed on the Pool Deck area.
- Soiled diapers are not to be left in the trash in the Clubhouse area. Double-bag (an emergency supply of plastic bags is available in the counter drawers of the Clubhouse kitchen) and take these items to the dumpster. Please use common-sense in keeping this area clean and free from odor. This area is not supervised on a daily basis, especially on weekends and holidays!
We wish to provide a safe and secure environment for all persons using the Recreational Areas. Please call 911 in an emergency. Call the Pelican Landing Privacy Department at the Main (Center) Gate at 239-495-2937 for all security issues.
Occupancy and Use of Units
- The units are single-family residences, any part of which may not be rented for compensation or commercial purposes. No time-shares are allowed. Leases must be for a minimum of 30 days, not more than 3 times per year. Lessees cannot sub-let for any period. See the Declaration for more details. In the absence of the owner, Property Management must be notified when relatives and/or friends are occupying your unit (form available online).
Quiet Hours are from 10:00 PM to 6:00 AM.
Leases by owners must follow the “Lease Protocol” available from the Property Manger.
- Home owners and residents should not permit anything to be done which is a nuisance, such as excessive noise, interference with the rights of other owners or residents, increased risk and liability, or commit immoral or illegal acts within Lakemont Cove. It is the owner’s responsibility to ensure lessees know the Rules and Regulations.
Anyone who has been given permission by the owner to use their unit, such as family members, must be conscientious about their use of the unit and recreational facilities. Unruly behavior and activities, considered a nuisance, especially in the recreational and common areas is unacceptable and should be reported to the Board and/or Management Company in writing so that corrective action may be taken.
- The ultimate responsibility (financial or otherwise) for behavior and rule compliance by guests and lessee rest solely with the unit owner.
- Signs and banners of any type are not allowed to be displayed in any manner.
- Garage, estate, yard or other household sales are not permitted anywhere in Lakemont Cove.
- Visible clotheslines are not allowed. Window décor must be white from the exterior.
- Recycle containers are provided and required by Lee County. Do not mix refuse with recycle materials. Do not place recyclables in plastic bags. If recycle bins are full place items in the regular dumpster. You may also take advantage of the recycling option provided by Lee County at no additional cost to Lakemont Cove; situated at the Community Center.
- Do not dump loose garbage in the dumpster. Use a plastic garbage bag to contain this refuse so that it doesn't spill and attract pests when the dumpster is emptied.
- The Association may retain a pass-key to all residential units. No unit owner shall alter any lock, nor install any new lock, without notice to the Board of Directors and the unit owner shall provide the Association with a key to the new or altered lock. As per Lakemont Cove Association Documents – Exhibit 9, #16.
- No flammable, combustible or explosive liquid, chemical or substance, e.g., gasoline or propane, shall be kept in any residential unit or garage, except as required for normal household use.
- Pets are not allowed unless registered and approved by the Board of Directors (form available online). Dogs, cats or other common domesticated household pets not to exceed two (2) may be permitted in the unit. Limitation does not apply to fish.
- Pets must be kept on leashes when outside the unit.
- The pet owner is responsible for hygienically disposing of all pet feces. Pets are not allowed in the recreational area. Owners are encouraged to exercise their pets along the perimeter street or at an undeveloped area beyond Lakemont Cove property.
- Loud or prolonged barking by dogs is extremely annoying to other residents. This behavior must be controlled by the pet-owner, or the pet must be removed from the premises.
- Pets must be kept clean to prevent infestations. Moist, warm weather and outside access facilitates growth of pests. Pet owners should increase attention to pest problems with their pets.
- The “pet” rules and regulations of Pelican Landing apply to the pets of all owners, residents and guests of Lakemont Cove.
Plants in Common Elements and Common Areas
- Nothing is to be planted in the Common Elements and Common Areas.
- Moveable potted plants are allowed in the areas immediately adjacent to your unit provided they are in harmony with the architectural and planting scheme of Lakemont Cove.
- All potted plants as well as empty pots must be removed prior to seasonal departures. They may not be left abandoned anywhere outside the unit (such as, stairs, landings, courtyards, and landscape areas). Hoses must also be stored at this time. Any items left outside are not only unsightly but are a severe hazard during the storm season. These will be removed with a disposal charge to the unit owner. The pots will not be stored. Stains and damage caused by these containers will be the unit owner’s responsibility. See policy – Hurricane (included herewith).
Garages and Parking
- Garage doors must be kept fully closed for appearance, security, and pest and rodent control (except for exiting or entering).
- The driveway in front of your garage provides additional parking of one (1) automobile.
- Overflow areas are located nearby.
- Parking on the street is not allowed in order to allow for adequate movement of emergency vehicles, if necessary, e.g., ambulances and fire trucks.
- Only personal vehicles are allowed. Commercially designated vehicles are prohibited unless parked in the garage. Lakemont Cove is a residential community.
- Boats and other watercraft, motorcycles, trailers, recreational vehicles, and recreational apparatus must be parked in the garage or stored elsewhere off Lakemont Cove property.
- The speed limit in Lakemont Cove is 15 MPH.
- All vehicles must be well maintained, operable and properly licensed to remain on premises. No motor vehicle which cannot operate on its own power shall remain on the condominium property for more than 24 hours, and no repair of any motor vehicle shall be made on condominium property except in an emergency.
Absolutely NO PARKING on the street (Lakemont Cove Lane), as this hinders trash pick-up and emergency vehicle entrance.
- When owners are away for extensive periods, furniture, flower pots and other moveable objects must be removed indoors for storm/hurricane protection, unless hurricane storm shutters are installed. See policy – Hurricane (included herewith).
- Lanais should not be used as laundry rooms. Beach towels and bathing suits should not be hung out to dry in any fashion.
- The Common Elements shall not be obstructed, littered, defaced or misused in any manner.
- With the exception of signs used or approved by the Board of Directors, no signs, advertisements, notices or lettering may be exhibited, displayed, inscribed, painted or affixed in, or upon any part of the common elements or any part of a unit so as to be visible outside the unit. Specifically, no awning, canopy, shutter, air-conditioning unit or other projection shall be attached to, hung, displayed or placed upon the outside walls, doors, balconies, windows, roof or portions of the building or on the common elements, except hurricane shutters approved by the Association. Real estate “OPEN HOUSE” signs and small ground “Security” signs will be allowed. “For Sale” signs will be allowed. with prior approval of the Board of Directors or management
- Climbing or playing on air-conditioning units, trees, pedestals, transformers and light posts is prohibited.
- Swimming or boating in the lake is prohibited.
- No unlawful, immoral or offensive use shall be made of the condominium property.
- No firearms shall be permitted to be discharged any place upon the condominium property, except as might be permitted to the extent of an emergency under the applicable laws of the State of Florida. “Firearms” for this purpose shall include, but not be limited to rifles, shotguns, pistols, B–B guns and sling-shots.
Safety is a major concern in Lakemont Cove. Everyone wishes to prevent injury and minimize risk to health and well being.
- In major injury or life-threatening situations, call 911. For other security issues call the main gate at 239-495-2937.
- We recommend you install fire extinguishers, for emergency use, in your kitchen.
- Electrical surge protectors are useful in maintaining your large and small appliances.
- Do not leave your unit with the dryer running. When you leave for extended periods, check with your home caretaker concerning a comprehensive list of what should be done to satisfy insurance requirements and for conventional safety practices.
- The Circuit Breaker controlling the outside lights must NOT be turned off during seasonal departures. Those outside light s are our only source of street lighting. This provides security for you and your neighbor’s home.
Pelican Landing Regulations
Pelican Landing, as the overall community, also enforces a number of rules and regulations which affects all residents and guests of Pelican Landing.
For example, the speed limit within Pelican Landing is 25 miles per hour. Garage sales, lawn sales, and other behavior which affects the perception of an elegant community, are prohibited.
Check with your Property Manager for information concerning these regulations, or any board member of your Lakemont Cove Condominium Association, Inc.
The governing documents identify other rules and regulations which may not be summarized here. Please refer to those document for details.
Policies and Procedures
General - Enforcement – Fines – Hearing
- Every residential unit owner and occupant shall comply with these rules and regulations as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration of Condominium, By-laws and Articles of Incorporation of the Association (all as amended from time to time) to the extent applicable. Failure of a residential unit owner, lessee or guest to comply shall be grounds for legal action which may include, without limitation, an action to recover sums due for damages, an action for injunctive relief, and other appropriate relief.
- In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an owner for failure of an owner, his family, lessees, guests or employees, to comply with any covenant, restriction, rule or regulation herein or in the Declaration or Articles of Incorporation or By-laws, provided the following procedures are adhered to:
The Association shall notify the owner or occupant of the reported or alleged infraction or infractions. Included in the notice shall be the date and time of the next Board of Directors meeting at which time the owner or occupant shall present reasons why a fine should not be imposed. The owner or occupant may be represented by counsel and may cross-examine witnesses.
The alleged infraction shall be presented to the Board of Directors and a committee of unit owners formed for the purpose after which the Board of Directors and the committee shall hear the reasons why a fine should not be imposed. A written decision of the Board of Directors and the committee shall be submitted to the owner or occupant no later than twenty-one (21) days after the hearing.
The Board of Directors may impose a fine against the applicable person in the amount as may be permitted by the Association’s By-laws and by the Florida Condominium Act.
- Payment of Fines
Fines shall be paid not later than thirty (30) days after notice of the imposition thereof.
- Application of Fines
All monies received from fines shall be allocated as directed by the Board of Directors.
Each day an infraction or violation occurs after the applicable party has received notice thereof shall be deemed to be a new infraction or violation.
- Non-exclusive Remedy
These fines shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending owner or occupant shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such owner.
All complaints shall be submitted in writing to the Association’s Property Manager.
POLICY – Re: Board or Committee Meetings (See By-laws for Annual Meeting)
- Any unit owner has the right to speak.
- Agenda items only may be addressed.
- A maximum time of three (3) minutes per person until such time as all owners have had an opportunity to speak. An additional three (3) minutes may be granted to the initial speaker only after all owners have had an opportunity to speak and at the discretion of the Board.
- The Board reserves the right to require owners to file a “request to speak” with the Association a reasonable time, such as twenty-four (24) hours in advance of the meeting.
- Effective April 1, 1992, any unit owner may tape record or videotape meeting of the Board of Directors, or unit owners meeting subject to the following restrictions:
- Only audio and video equipment may be used which does not produce distracting sound or light emissions.
- Such equipment shall be assembled in advance of the commencement time of the meeting.
- No one will be permitted to move about the meeting room in order to facilitate the recordings.
- Advance written notice, twenty-four (24) hours, shall be given to the Board by any unit owner desiring to use video or audio equipment.
- Robert’s “Rules of Order” will be observed.
Agenda topics may be submitted to the Board by unit owners in writing for consideration at future Board meetings. They must be submitted at least five (5) business days prior to a scheduled Board meeting.
Agenda topics also may be referred to the appropriate committee chairpersons prior to or in lieu of consideration by the Board as an agenda topic.
POLICY – Re: Leasing Regulations
- Lakemont Cove units are to be used as single-family residences only. No separate part of the unit may be rented and no transient (defined in Chapter 509. Florida Statutes) may be accommodated for compensation or commercial purposes. Units may not be used for perks or incentive rewards.
- Unit owned by corporations, partnerships, or trusts must designate one person and his or her family (see definition of family, Article 12, page 52, Pelican Landing documents) as owner-residents. Designation of owner-resident may be changed only with prior notice to Board of Directors.
- No “time-share” is permitted.
- A unit may not be leased for a period of less than thirty (30) days nor more than three (3) times per calendar year. If a lessee leaves before the thirty (30) days has ended, the home may be leased only after the thirty (30) days have lapsed.
- All leases must be in writing with provisions stating that the lessee must comply with any rules and regulations of Lakemont Cove and Pelican Landing.
- Copies of the lease must be submitted along with the attached Lessee Information Form (available online).
- Owners must complete the Lessee Information Form and forward to Property Management three (3) weeks prior to occupancy with a non-refundable filing fee of $100.00.
- Owners are responsible for all violations and losses in common areas.
- Lessees, renters, guests, or visitors must comply with the rules and regulations of Lakemont Cove and Pelican Landing. (i.e. NO COMMERCIAL TRUCKS, TRAILERS, RVS OR BOATS)
- Owners must ensure the Lessees do not enter into further agreements, written or verbal, with others in the use of the home. Sub-leasing is not allowed. Serial, or a succession of use, or multiple occupancy, by others than the lessee and family must not be condoned by the owner. The essence is to preserve the family residential environment of Lakemont Cove and discourage the disquieting consequences of rental commercialization.
- For lease purposes, occupancy of Lakemont Cove units must not exceed two (2) persons per bedroom. For example:
Sandpiper 3 bedrooms 6 persons
Osprey 3 bedrooms 6 persons
Ibis 3 bedrooms 6 persons
Heron 3 bedrooms 6 persons
Pelican 2 bedrooms 4 persons
Egret 2 bedrooms 4 persons
- In the absence of the owner, Property Management must be notified when relatives and/or friends are occupying your unit (form avaialable online).
- The responsibility for enforcement and necessary documentation in relation to this leasing procedure lies with the Property Management shared with the owners of the leased units.
- To ensure that the integrity of Lakemont Cove is preserved at the highest level of privacy and safety, in accordance with the provision of the condominium documents and agreements on purchase, it is expected that all owners will be alert to guests, visitors, and lessees, to ensure compliance.
- The responsibility for the collection of applicable tourist and sales tax (6% state and 5%* Lee County tourist tax for leases less than six (6) months) and their remission to the proper authorities rests with owner of the condominium unit. Specific information is available from Lee County Tax Office, telephone (239) 339-6000. Lee County aggressively collects the tourist tax.
* Lee County increased their tourist tax to 5% effective January 1, 2016.
NOTE: Recent City of Bonita Springs regulations for landlords, EXCLUDES condo owners.
Please contact the management company for all matters pertaining to official leasing policies. This ensures full privileges for your renters. Forms available online – Application to Lease.
POLICY – Re: Hurricane Responsibilities
Your personal safety is your responsibility. You may choose to evacuate or stay, subject to official orders from Lee County authorities. Please consult the numerous publications concerning “what to do in a hurricane.”
Your responsibility before leaving in the event of a hurricane or leaving for the season, June 1, is as follows:
- Remove all flower pots to either your garage or your unit.
- Roll all garden hoses in a secure fashion and place in your garage area.
- Lanais without shutters: Remove all furniture to the inside of the unit.
- The Management Company is to make sure all pool furniture at the clubhouse area is stacked inside the kitchen or library / card room and/or the end of the breezeway or in the restrooms. Help by unit owners may be needed and/or appreciated. No furniture is to be left in the clubhouse lanai area.
Failure to comply with items a, b and c will result in (1) the discarding pots and hoses, (2) a fine, and/or (3) an assessment to cover the cost of collection and subsequent disposal as assessed by the Board and Policy Compliance Committee at a time appropriate for the Board, Policy Compliance Committee and violator. Refer to the Pelican Landing web site for the updated Hurricane Shutter Policy which is strictly enforced.
POLICY – Re: Landscape and Gardening
- The plants, bushes and trees outside your unit are the property of Lakemont Cove Condominium Association, Inc. and are not to be removed or relocated. It is important that the plantings in all common area be appropriated as to type of species, size and maintenance capability, and that they are compatible with the existing overall landscape design.
NOTE: Palms (all varieties), fruit and all other non-approved types of trees/bushes are not permitted.
- The cost, care and maintenance of all new plantings by the unit owner will be the sole responsibility of the unit owner. The landscape maintenance service we employ is under contract to perform specific duties related to the common area plantings only and will not handle personal plantings.
ANNUAL SPECIES (seasonal)
The cost of all seasonal annuals is the responsibility of the unit owner doing the planting. All planted annuals must be removed and the planted area returned to its pre-planted condition when the owner/occupant vacates for the season.
IMPORTANT: You must exercise caution when digging a hole. Most areas have a watering system of “Soaker Hoses” under the mulch or a few inches below the soil. Always look first … clear away the area … dig cautiously. Do not pull on the soaker hoses.
LOCATIONS: Exterior fire hose valves and connections, and fire extinguishers, must be kept free of foliage, visible and accessible. Bushes and plants that obstruct the walkways, driveways, and interfere with the landscaper’s maintenance will be removed by the owner or, if necessary, by the Association at the owner’s expense.
- PLANTERS AND DECORATIVE POTS
If you use potted plants outside:
- Choose dwarf varieties or species that will not grow too big. Use no larger than one (1) gallon containers.
- Planters and pots should not be placed where they will interfere with grass cutting or other garden maintenance.
- Nothing is to be placed in the walkways. This is a fire/safety violation.
- Move and relocate pots frequently to clean stains and mold underneath. Maintain daily. Pick up dead leaves, loose soil, spray for ants, etc.
- Remove empty pots and pots with unsightly dead plants at once. Store in garage.
- The Board of Directors reserves the right to add, remove and replace trees, plants and shrubs on all common areas. Any unit-owner changes must first be requested in writing to the Board of Directors for approval or rejection. Aesthetic changes will be at the cost of unit-owner and with the permission of the
Board of Directors. Generally, plants, shrubs and trees that die of neglect or natural causes, will be replaced by the Association as deemed appropriate.
All necessary forms can be found online at www.lakemontcove.com