Updated August 20th, 2021
SHERWIN CONDOMINIUM RULES & REGULATIONS
I. INTRODUCTION
The Sherwin Condominium is our home and should be treated accordingly. These Rules and Regulations are intended to define the behavior that is required of unit owners, lessees, and guests and to set a positive environment that will be safe, pleasant and fair to all residents. As residents of a large, shared facility, it is vital that everyone adhere to the Rules and Regulations. These Rules & Regulations complement the “Declaration of Condominium of The Sherwin, A Condominium”. Violations or deviations from these Rules and Regulations should be pointed out when observed by unit owners and lessees; and if a positive response is not received, it should be reported to the manager.
II. DEFINITIONS
1. The Sherwin Condominium Management Association, Inc., acting through its Board of Directors, has adopted the following Rules and Regulations. Any change to this document will require the approval of the Board of Directors.
2. Any reference to the Association shall include the Board of Directors and the Managers, when the Managers are acting on behalf of the Association.
3. Any reference to Unit Owners shall apply to the owner of the unit, to the owner's family in residence, to lessees and to any guest, visitor or tradesman associated with a specific unit.
4. A common area means the portions of the condominium property not included in the units.
III. GENERAL RULES AND REGULATIONS
1. The unit owners shall comply with all the Rules and Regulations set forth in this document.
2. Per the local fire code, there shall be no obstruction of the common elements. Bicycles, skateboards, wagons, toys, baby carriages, playpens, benches, chairs or other articles of personal property shall not be left unattended on common elements of the building or surrounding grounds. The common elements shall not be decorated, altered or furnished by any unit owner in any manner except those modest decorations are allowed at the unit entrance doors. The planting of plants, flowers, trees and shrubbery by a unit owner is prohibited anywhere on the common elements. The sidewalks, building entrances and stairwells shall be used for no purpose other than normal transit.
3. No gasoline or other explosive or potentially combustible material shall be kept in any unit or storage area. With Manager approval, small quantities of oil-based paint may be stored in the maintenance paint room.
4. Personal property may be temporarily stored in designated storage areas other than cages with the manager's approval. The Association shall not be liable for the loss, destruction, theft or damage to such property.
5. Per Florida Statutes 718.1096 (3), improper, unlawful noxious or offensive activity shall not be carried on in any unit or on the common elements, nor shall anything be done which may be or become an annoyance or nuisance to other unit owners. No unit owner shall make or permit any disturbing noises or other activities, which will interfere with the right, comforts or convenience of other unit owners. All unit owners shall keep the volume of any radio, television, musical instrument or other sound-producing device in their units sufficiently reduced at all times so as not to disturb other unit owners.
6. Unit owners should recognize that there was a master key system installed in the Condominium. Any unit owner who changes the original door lock or adds additional security locks shall furnish the Association office a copy of the new key.
7. Unit doors and windows opening into the corridors shall not be left open.
8. No unit owner shall direct, supervise or in any manner attempt to assert control over or request favors of any employee of the Association or management company.
9. As specified in the Declaration of Condominium of The Sherwin, A Condominium 12.1, "A unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act or neglect, or the act or neglect of any member of his family, his guests, employees, agents, invitees or lessees” therefore, the unit owner should be sensitive to this liability as they allow others to use the common areas of the Condominium.
IV. UNIT BALCONIES AND WINDOWS
1. Nothing including smoking material shall be swept or thrown from unit windows or balconies. Birds shall not be fed from the balconies.2. Nothing shall be hung, displayed, or installed within unit windows, balcony doors or balcony enclosures, or upon balconies. This includes, but is not limited to, laundry, bedding, clotheslines, clothes racks, signs, awnings, permanent umbrellas, canopies, antennas (except those which are an integral part of the portable device), exhaust fans, or air conditioning units.3. For safety reason, items shall not be placed or left on any open balcony which wind might blow about and off the balcony.4. Balconies shall not be used for storage, for the parking of bicycles or similar wheeled conveyances, for pet housing, or for major appliances or similar equipment.5. Each unit owner shall keep their balconies in a good state of repair and cleanliness.6. Painting or alterations of any unit balcony or window surface, including the application of glass tinting, requires the written approval of the Board of Directors.7. Electrical wiring additions of any kind on any unit balcony requires the approval of the Board of Directors.8. Exterior Christmas or other seasonal decorations must be approved by the Manager.9. The Manager may, in appropriate situations of serious rules violations, initiate the removal or restoration of an alteration to a unit balcony or window and will charge the expense resulting from this action to the unit owner.10. No cooking of any nature whatsoever shall take place or be permitted on Unit balconies.
V. VEHICLE POLICIES1. No oversize truck exceeding 20 feet in length; commercial truck of any size; boat; recreational vehicle; camper; mobile home; van or sports utility vehicle exceeding 20 feet in length; or any type of trailer may be parked on the property without the written consent of a majority of the Board of Directors. This does not apply to temporary parking of trucks and commercial vehicles for pick up, delivery, and other services as necessary.2. All tradesmen must register with the office identifying themselves and the owner/unit they are working for. During normal business hours trade vehicles may be allowed to park in available spaces in the garage as needed for their work but they must get permission from the office.3. No derelict vehicle may be parked on condominium property. All vehicles must have a current license plate or may be towed.4. Only minor repairs are permitted on condominium property. Washing vehicles is only permitted in the designated car wash area in the parking garage.5. There are no reserved parking spaces in the garage.6. No vehicle that requires more than one space or encroaches on another space or the driving corridor is allowed to park in the garage.7. Parking in the garage is restricted to valid parking decals and permits. Each owner may register two approved vehicles per unit (car, truck, jeep, cart or 3 wheeled motorcycle) that they or an immediatefamily member owns and receive two decals. One primary (black) and one secondary (red). The decals are to be permanently attached to the inside windshield on the driver’s side where it is clearly visible. The primary car* with the black decal may be parked in the garage anytime. The secondary car with the red decal may be in the garage except during periods that the association designates as “peak parking periods”.8. Notices of peak parking periods will normally be posted by the elevators and at the door to the garage. Peak periods are typically in July and during race weeks.9. Renter or guests staying in a unit when the owner is not present may get a temporary parking permit for one car by registering at the office. The pass will designate a specific car for a specific time period. It must be displayed on the dash where it is easily readable. A unit owner or property manager must provide the office with a valid, signed lease agreement for two consecutive weeks or more. A guest must provide a letter from the owner or the owner must email the manager a note stating they are a nonpaying guest. A permit will not be provided if the required documentation is not provided.10. If a renter or guest arrives when the office is closed, they should park in the upper lot and register the next business day.11. A guest visiting when the owner is present usually can’t get a permit if the owner has two decals. An exception can be made if the owner assures the manager that one of their cars will not be in the garage.12. When an owner rents or leases their unit, they give up certain rights and privileges to their tenant (per Florida statute 718.106). That includes the right to park in the garage for the duration of the lease agreement. A long-term lessee (more than six consecutive months) may get two decals.13. An owner that temporarily brings a different car can register it in the office and get a temporary parking permit if one of their decaled cars is not on the premises.14. Motorcycles do not require a parking permit but must be registered in the office and parked in the designated area.15. Any car parked in the garage without proper authorization (decal or valid temporary permit) may be towed at the owner’s expense. While we typically post a violation notice on the car it is not required. Any car in violation can be towed without warning. We have posted required towing signs at the entrance to the garage and building. Whenever a car is towed at least two association representatives (one being a board member) must be involved and present when the towing occurs. If a car is towed, the owner must deal with the towing company to get the car back.16. Whenever an owner gets rid of a car with a decal, the decal should be removed, and the manager notified; then a new car can be registered.17. Permits are not required for parking in the upper lot.18. Cars stored in the garage must have an owner’s decal and should be parked in the designated areas. A key must be given to the office in case moving it is needed for garage maintenance/cleaning or an emergency car includes any approved vehicle
The Recreational areas include:
VI. RECREATIONAL AREAS
A. General Rules
Swimming Pool Exercise Room Whirlpool and Sauna Rooms Recreation Room (Formerly called the Billiard Room)The garage, hallways, stairways and parking areas are not recreational areas. Bicycle riding, skating, rollerblading, skateboarding, and other sports and games are prohibited in these areas.
1. The use of all recreational areas shall be limited to unit owners, lessees, and their guests. A guest is defined to be a person who is visiting a unit owner or lessee and, if required, uses the unit owner's facilities to change clothes and to shower.
2. Users of the recreational facilities are liable for damages or added cost to the Association resulting from their abuse, misuse or negligent use. The respective unit owners will be held responsible for any damages or added costs caused by the lessees or guests.
3. The Board of Directors shall have the right to bar use by a unit owner, lessee or guest of any of the recreational facilities for failure to comply with the rules and regulations.
4. Radios and similar sound devices may be utilized only if earphones are used so as to avoid disturbing others.
5. No shouting, screaming, or loud, boisterous, profane or abusive language shall be permitted.
6. Decorum and dress must be appropriate and in keeping with the particular recreational facility being utilized. This requirement includes appropriate footwear.
7. With the exception of service dogs, pets are not allowed in the recreational areas.
8. Sexually explicit or implied behavior is prohibited.
9. Rowdy behavior is not permitted in these areas.
B. Swimming Pool
1. Shoes and proper covers must be worn to and from the swimming pool through the lobby.
2. The swimming pool rules and hours are posted in the pool area. Anyone violating these rules will be asked to leave the pool area.
3. No diving in the pool is allowed.
4. Admittance to the swimming pool shall be refused to all persons with medical conditions that might cause a concern to other people: such as infection, inflamed eyes, open sores or wearing bandages.
5. Only proper bathing attire shall be worn in the pool.
6. Safety vest may be worn by anyone concerned for his or her safety.
7. Food or drink is prohibited in the pool or on the wet pool deck area within four feet of the pool curb.
8. No glass or breakable objects of any kind and no plug-in electrical devices are permitted in the pool area.
9. The following sport and play equipment are prohibited in the pool: boogie boards, surfboards, basketballs, footballs, or any object that becomes a nuisance to other people.
10. No running, pushing, dunking, rough play, unnecessary shouting or profane language is permitted. There will be no skateboarding or rollerblading on the pool deck.
11. Leak-proof rubber pants are required for infants in diapers or children not toilet-trained if they are going to use the swimming pool.
12. Placing towels or other items on chairs or tables does not reserve for later use in the day. Placed items may be removed by others.
C. Exercise Room
1. The hours of use for the exercise room are 6:00 a.m. to 10:00 p.m.
2. No one under 16 years of age shall use the exercise equipment unless they are able to demonstrate their ability, to use the equipment properly, to the manager.
3. The exercise equipment must be shared, and use must be limited to 30 minutes when someone is waiting.
4. Adhere to the rules posted in Exercise Room.
D. Whirlpool and Sauna Room
1. Users of this area should recognize that this equipment must be used properly to provide safe operation. Posted instructions must be followed.
2. The hours of use of the whirlpool and sauna room are 8:00 a.m. to 10:00 p.m.
3. Children under 12 years of age are not permitted to use the whirlpool or sauna unless accompanied by an adult.
4. Whirlpool and sauna room equipment must be shared, and use must be limited to 30 minutes when someone is waiting.5. No soaps or oils shall be used in the whirlpool.
6. No plug-in electrical devices are permitted in the whirlpool and sauna rooms.
7. Whirlpool and sauna room controls should be returned off after use is completed.
8. The manager is authorized to ask people to leave this area if violating any of the rules.
E. Recreation Room (formerly the Billiard Room)
1. The hours of use for the recreation room are 8:00 am. to 10:00 p.m.
2. An adult must accompany children under 12 years of age.
VII. PET POLICIES
1. Normal house pets are allowed but must be leashed or caged when going through a common area. All dogs must be registered with the manager and documented if the animal is a “service dog”. There is a limit of two dogs per unit. Dogs must not present a danger or nuisance to residents and the dog owner must follow all the policy rules. Failure to do so may result in the Board requiring the dog be removed from the building.
2. Pets are not permitted in the storage rooms, clubroom, any recreational area, or common area (except when in transitioning in or out of the building). Dogs can only be curbed in the authorized pet exercise area which is the grassy area in the front of the building. They should be walked to that area through the garage where “pet bags” are available. If a dog is taken through the 1st floor they should use the side exit doors. Owners are responsible for cleaning up after their pets in all areas which includes bagging and proper disposal of feces.
3. In light of possible health problems of some residents (e.g. allergy or phobia), pets will not be transported in any elevator in which a passenger objects to the presence of the pet. However, the person who first arrived at the elevator is entitled to first use in case of such objection.
4. Pets may not be leashed to any stationary object on the common elements or left unattended in any vehicle, on unit balconies, or anywhere outside the resident’s unit.
5. In the case of an accident or emergency involving a pet, the parties involved should give all assistance possible and take any prudent action to resolve the situation. Afterwards, the parties involved should make a written report to the Manager.
6. Residents, experiencing a pet related problem should attempt to reach a solution with the pet’s owner in a courteous and helpful manner. If personal attempts at a solution fail, the residents should file a written complaint with the Manager. If the Manager can’t resolve the problem, it will be referred to the Board of Directors.
7. Pet owners are responsible for any damage, injury, or disturbance (including excessive noise) caused by their pets. If the pet owner is a unit owner’s family member, guest, or lessee, the unit owner is ultimately responsible.
VIII. USE OF THE CLUB ROOM
1. The club room is normally available between 8:00 am and 10:00 pm each day unless it has been reserved for “private use.”
2. No one under 18 years of age shall use this facility unless accompanied by an adult.
3. These rules and regulations concern the private use, shall be defined as exclusive or reserved use by an Owner or Lessee pursuant to the Rules and Regulations of the association and the contract document.
4. An Owner or a Lessee who has tenancy for at least three months or a total of three months tenancy in the last three years may, with the written approval of the owner, reserve the Club Room for themselves, their family and friends for functions that will not result in personal monetary gain. Any exceptions must be reviewed and approved by the board.
5. Although a cost can be charged to attend a specific function there shall be no specific fee charged for food or beverage services such as cash bar6. An application form can be obtained from the Association Office. The form must be completed and returned to the association office for approval preferably 5 working days but at least 48 hours before the Owner or the Lessee wishes to use the clubroom. This request form must be accompanied by cash or cashier’s check of $1,000.00 (owners may submit a personal check), which is refunded if there is no damage to the clubroom.7. If the resident wants to clean the clubroom at the end of the function, including oven and restrooms, he/she will have this opportunity, but the manager will inspect the room for cleanliness with the Owner or the Lessee and if necessary he/she will have the room cleaned at a cost determined by the situation. If the cost exceeds $1000.00 the additional cost will be the responsibility of the Owner or the Lessee. Per paragraph12.1 of the Declaration of Condominium, the unit owner will be liable for these expenses if their lessee refuses to pay the charges.8. The clubroom shall be available on a “first-come”, “first-served” basis according to the following priorities.
a. Meetings of the Association, the board and committees.
b. Association social events
c. Private parties.
9. It is understood and agreed, that if the above applicant is approved, the following applies:
a. The contract document must be signed and agreed to.
b. At the conclusion of the function, the clubroom will be left in reasonable, clean order. It is expected that trash be secured in proper containers supplied by the association, which association staff will remove at their convenience.
10. There is no smoking allowed in the clubroom or in any common interior areas to include vapor and e- cigarettes.
11. It shall be the responsibility of the Owner or Lessee to:
a. Personally, supervise any use of the clubroom facilities.
b. Be present during the use of the clubroom.
c. See that the clubroom is vacated by the end of the reservation period.
d. Lock the clubroom after use and turn off all lights and appliances.
e. Be responsible for the actions of the guest while they are on the condominium property.
12. Users of the clubroom must, at all times, abide by all applicable laws, ordinances and provisions of the Condominium instruments and the Rules and Regulations.
13. Persons who use the clubroom do so at their own risk and sole responsibility. The association assumes no liability for injury or damage to persons or property arising from the use of the facility.
14. The applicant waives any claim against the Association or any agent or special duty management aide or employee arising out of the use of the clubroom hereunder for any injury lost or damage to persons or property on the premises of the Sherwin from any cause. Accident, breakage or other reason under no liability to the applicant due to any discontinuance of heat, hot water, or air conditioning or for discontinuance of any other service causes the Association.
15. When the “private party” sign is posted, other occupants of the condominium shall respect the privacy of the user.
16. Whenever the clubroom is not reserved for private use, owners and lessees and their guests may use the clubroom for activities such as drinks at the bar, use of the TV, card games, use of the kitchen and dining areas that don't annoy other users of the clubroom. It must be recognized that this is a shared facility when not reserved for the private use and that all users should be considerate of others in the clubroom. The clubroom must be left in the same condition as found, which includes as a minimum cleaning up of all areas used, turning off all appliances and lights, and locking the doors. Any cost for cleaning or repair with be the responsibility of the user.
IX. SMOKING POLICY1. For the purposes of this resolution, “smoking” is defined as holding or using e-cigarettes, vapors, lighted tobacco products of any kind, including without limitations, cigarettes, cigars and pipes.2. Smoking is prohibited in all interior common areas as per Florida Clean Indoor Air Act effective 10/1/92.
X. LEASE AND RESALE1. Prior to offering units for sale or lease, the Association office must be notified in writing, signed by the owner, providing the following information
(1) the unit number to be offered and whether the offering is one for sale or lease; (2) the name, current address and phone number of the owner and (3) the name, current address and phone number of any listing real estate agent.
This information is necessary, among other purposes, for the front desk staff that monitors access into the lobby of the Sherwin to permit such listing agent (and cooperating agents) who arrives at the locked door admission into the lobby of The Sherwin. The front desk staff will only admit agents or prospects accompanied by an agent who can identify the unit number, listing agent and the lister’s phone number.
2. The listing agent should make arrangements with the unit owner (and cooperating brokers should make arrangements with the listing agent) for the availability of keys. A key will be necessary to gain access to the unit. All prospective purchasers or tenants are to be accompanied by an agent or unit owner when touring the common areas.
3. Open house showings are not permitted in connection with the sale or leasing of units. All showings of units shall be by appointment.
4. Notices regarding units available for sale or lease are permitted to be displayed on the condominium bulletin board. Such notices should be placed on a 3x5 card, dated, and provided to the Association office for posting. Signs, however, are not permitted anywhere in the condominium. Display of signs from balconies, windows and cars parked on the common elements is prohibited.5. Leasing is permitted but must conform to the requirements of the bylaws and rules and regulations governing The Sherwin. The Declaration of the Condominium at paragraph 10.5 requires that the initial period of any lease be not less than two weeks and calls for certain provisions to be included in any lease. One such provision requires that a prospective tenant comply with the Condominium instruments and rules and regulations. All leases must be written. For the convenience of real estate agents and owners, The Association office has conforming leases available, as well as a lease addendum, which can be used to conform your lease form.
6. A copy of each lease, when fully executed, must be submitted to The Association office ten working days prior to the beginning of the lease for confirmation that the lease complies with the necessary requirements prior to any prospective tenant moving into the building. Redaction of confidential information, such as financial information, is allowed prior to lease submittal to The Association. If a lease is not in compliance, such lease will be returned for correction. In such circumstances, move-in will not be permitted unless and until corrections are made to the lease to bring it into compliance.
7. Unit owners selling their units as required by Florida condominium law shall provide a resale package to purchasers. This package contains the bylaws, budget and declaration of The Sherwin Condominium. In addition to the resale package, sellers should provide their copy of the rules and regulations for the use by the new purchasers. Once the unit has actually been conveyed to new unit owners, the Association must be notified of the transfer date for condominium fee responsibility and the name and current address of the new unit owner of record.
8. Agents and prospective tenants or purchasers coming to; inspect units will be expected to comply with the parking requirement of The Sherwin.
9. All new owners and long and short-term lessees must sign a form stating they have received a copy of the rules and regulations of The Sherwin Condominium.
10. All advertising for unit rentals in the Sherwin must state “A minimum of 14 consecutive days rental is required” and the unit owner is responsible to ensure minimum 14 day rental compliance.
XI. MOVE-IN, MOVE-OUTS AND DELIVERIES
1. All moves into, out of and between units on the same or different floors will be arranged through the Association office, as to time and date. Association staff will perform an inspection before and after moves. Damage and clean-up costs will be billed to the individual(s) involved in the move. Although the owner will be held responsible in the final instance, these procedures should not be considered waiver of any claim or action, which the Association would have against a lessee responsible for any damage resulting from a move.
The Association staff will prepare the elevators for the move by placing protective wall covers.
On the date and at the time of the move and after Association staff has verified that protective measures have been taken to minimize damage to the common elements, an elevator key will be obtained by the owner/tenant from the Association office. Moving personnel will also be instructed on the use of doors and elevators prior to starting any move.
2. Association staff will remove all protective floor covering and assure that all doors have been closed and locked.3. It is the responsibility of each unit owner to arrange for the proper removal of trash, debris, crating or boxes relating to that unit owner’s move-in or move-out. Owners are responsible for vendors, contractors, and delivery people they hire. They should be familiar with the ‘Sherwin Rules for Workers’, a copy of which is available from the office. Contractors must register at the office and follow those rules. Owners or their contractors are responsible for disposal including removal of discarded materials, appliances, furniture, etc. and cleanup in any common area affected.
XII. GARAGE AREA POLICIES
1. Rules regarding parking in the garage are under Vehicle Policies
2. Extension cords may only be attached temporarily to vehicles for maintenance or batteries.
3. Owner, guest, or renter items may not be stored in the garage without written permission of a majority of the Board of Directors. This includes, but is not limited to, beach equipment, tools, grills, building materials, and furniture.
4. The door to the building must be kept closed for security and energy efficiency. It should only be propped open as needed to assist in getting items through the door, take items to the recycle bins, or return carts or valets.
5. All bicycles must have a unit number and name on them and be parked in the designated area in the garage or in an owner’s storage cage. The designated area in the garage has a rail where bikes can be padlocked for security. Owners of bikes should remove them whenever they no longer want them. Due to the lack of use and the corrosive salt air, bikes rapidly rust and tires deteriorate. At least annually, the board will approve removing bikes that are badly rusted and have flat/rotted tires. The manager will post and send a general notice to all owners 30 days before removal and attempt to contact specific owners with a deteriorated bike if it can be identified. The association is not responsible for any theft or damage to bikes or to their removal when this process is followed.
6. Paddle boards and surf boards over six feet long belonging to an owner or long-term lessee can store them in a designated area in the garage. The association is not responsible for any theft or damage to them.
XIII. STORAGE CAGE POLICIES
There are a limited number of storage cages available. They will be managed as follows:
1. Each unit may have a maximum of two cages as they are available. That means an owner of a double unit may have four.
2. Owners requesting their first cage will always have priority over other requests.
3. There are some double cages which count as two cages. An owner may not have one single and one double.
4. There is a $200 per single and $400 per double cage deposit required. The deposit will be returned when the cage is returned to the association.
5. Requests for a second cage will be filled if there are no first cage request pending.
6. If there are more requests than available cages, the manager will keep a waiting list. They will be filled based on the date requested. Again, first cage requests will have priority.
7. When an owner returns a cage, it will be given to the next person on the list or kept until a new request is made.
8. Once an owner has one or two cages, they may keep them until they want to relinquish them.
9. Per fire code, nothing stored in the cage can extend above the top of the cage. Also, no flammable material may be stored.
10. Items may not be stored outside units. These items may be removed from the room and discarded.