Rules and Regulations Of Cypress Cove Homeowner Association, Inc. Effective AUGUST 21, 2017

Transcription

1 Rules and Regulations Of Cypress Cove Homeowner Association, Inc. Effective AUGUST 21, 2017 The following rules and regulations replace in its entirely the original rules and regulations known as exhibit (E) and recorded along with the Association By-Laws in BOOK 655, Page 626 at the county courthouse, and any subsequent amendments to same made at later dates. These rules are binding upon unit owners, tenants and guests. Violation of these rules may subject the violator to any and all remedies available by the association. The Board of Directors may amend the rules and regulations at any future date if it feels the necessity. 1. Violations of Rules and Regulations Any tenant, owner, or management company not following these rules can be subject to a fine of up to $100 per day which will be assessed to the Owner for their tenant s or management company s actions. (A) A copy of the rules and regulations shall be provided to all unit owners. Owners will provide a copy to their tenants and guests. A receipt of rules and regulations is to be signed by the owners and/or tenants and will be kept on file. (B) Violations are to be reported in writing to the board. (C) Violations will be called to the owner s attention by the Board in writing and the owner will be responsible for taking immediate corrective action. (D) Disagreements concerning violations will be presented to and judged by the Board who will take appropriate action. 2. Facilities The facilities of the complex are for the exclusive use of the owner, tenant and their guests. Any damage caused to the buildings, recreational facilities or common areas by the owner, tenant or their guests will be repaired at the expense of the owner. Anyone using the common areas or recreational facilities shall assure that such areas are left in the same condition as they were before such use including collecting all trash and litter. Any personal property left in the common areas overnight will become the property of CCPOA and may be reclaimed by contacting cypresscovepoa.org within one week. If not claimed within that time frame, the item(s) will be recycled. Page 1 of 14

2 3. Obstructions Entrances, sidewalks, parking and common areas between buildings shall not be obstructed in any way. No sign, notice or advertisement shall be placed in any window or other portion of any unit. No radio, TV aerial or antennas shall be attached to any unit or building, Satellite antennas require approval of the Board. Upon receiving written permission by the Board of Directors, a satellite dish may be placed on the board that separates the second floor screened lanai and the first floor screened lanai in the rear of the unit. 4. Exterior Appearance The exterior of any building or unit shall not be painted, decorated or modified in any manner. No awnings, window guards, hurricane or storm shutters, ventilators, or window air conditioners shall be used without written approval of the Board. 5. Porches All porches are to be kept neat and clean at all times. Only porch furniture, plants, and bicycles are to be kept on all front porches. No towels or clothing can be hung on porch railings at any time, no clothes lines allowed. If you wish to dry your belongings in the fresh air, a drying rack is suggested and should be on your rear porch. No major appliances are to be kept on any porch. 6. Balconies (Top Porches) Plants, pots, receptacles and other movable objects must not be placed on ledges of balconies. No object shall be hung from balconies or windowsills. No cloth, clothing, rugs or mops shall be hung up or shaken from windows, doors or balconies. Members shall remove all loose or movable objects from balconies during hurricane season. Do not throw cigars, cigarettes or any other object from your balcony. No cooking shall be permitted on any balcony or porch of any unit. 7. Lawns Nothing is to be left on the grassy area surrounding any building. In front bushes can be no taller than the top of the railing but on the sides and rear of the building, bushes must be a maximum of 48 inches. No additions or changes may be made to the landscape without the prior approval of the Property Committee. BICYCLE RIDING ON GRASSY AREAS IS STRICTLY PROHIBITED! 8. Trash Presently, collection days are Monday and Thursday for household trash. Collection days for recycling are Tuesday and Friday. Dumpsters are located at the entrance near the pool. On holidays, pick-up will be the following day. For large items call Regina at (352) (City of Inverness Utilities) Dumpsters are for the use of Residents of Cypress Cove only and are not to be used by friends or management companies to discard past tenants possessions or construction materials. Page 2 of 14

3 9. Storage There shall be nothing stored under the building at any time, other than paddleboats, kayaks or canoes. 10. Signs There are to be no signs posted or hung on either the inside or outside of the units. No political signs are allowed in or on vehicles parked in this complex. 11. Parking One car per unit to be parked in your numbered space. Second cars or visitors will use guest spaces only. Please use the guest spots next to your designated space, or in front of your building first. No commercial vehicles, van type trucks or trailers are to be parked on the Association property except for deliveries, cleaning or repairs. Litter will not be tolerated in parking areas. Performing repairs to vehicles parked within the common elements of the Association or the owner's parking space will not be permitted. For the purposes of this section, a repair includes, but is not limited to body work, replacing brakes, replacing alternator or starter, removal of the engine, changing the transmission, or replacing any other mechanical part. Changing fluids shall be deemed a repair and is not permitted. Normal maintenance is permitted. For the purpose of this section, normal maintenance includes, but it not limited to jump starting a battery, changing a flat tire or topping off fluids. 12. Speed Limit A vehicle speed limit of ten (10) MPH or such lower speed as may be required for safe operation of the vehicle, giving consideration to the prevailing conditions and the presence of persons or property, shall be observed by all drivers at all times within the Association property. All vehicles must yield the right-of-way to pedestrians. Vehicle drivers must be particularly vigilant during the hours when children are likely to be playing outdoors. 13. Boat Docks A. No unit owner or tenant shall erect a dock, deck or any other improvements without permission of the Board of Directors. Owners with boat docks shall keep and maintain them in a neat and attractive condition, safe for use and free from defects or structural problems at the Owner s sole cost. The Association is not responsible for the cost of any maintenance or repair and failure to maintain or repair a boat dock may subject the Owner to a fine, suspension of use and, in the sole discretion of the Board of Directors, if the boat dock poses a threat to the safety of others or their property the Board of Directors may require or arrange for the removal of a dangerous boat dock and charge the cost to the Owner. B. Owners shall maintain liability insurance for their boat dock and its use that names the Association as an additional insured on the policy. Proof of insurance must be Page 3 of 14

4 filed with the Association and made available on demand. Failure to keep and maintain liability insurance may result in a fine or suspension of use of the boat dock until proof of insurance is provided. If an Owner is unable to obtain liability insurance in their name for the use of the boat dock the Association may, but is not obligated to, add the dock to the Association s liability policy, for which the Owner is responsible for the additional cost incurred by the Association for such insurance. C. The Board of Directors is the sole authority on the placement and approval of boat docks and all Owners shall submit an application for the installation of any boat dock on the Cypress Cove Property. Failure to submit an application or sign the required Owner Use Agreement for the Construction of a Boat Dock and Use of the Lake shall be grounds to deny an Owner the privilege of constructing a boat dock on the Cypress Cove Common Areas. A copy of the Application and Use Agreement are available upon request (See Exhibit A). D. All boat docks must be properly permitted by any and all applicable government agencies and constructed by licensed professionals. All Owners of docks constructed prior to the adoption of these rules shall provide the Association with a copy of all government permits.. If an Owner fails to meet the condition of obtaining all applicable governmental permits and approvals within six (6) months of obtaining conditional approval from the Association, the Owner s application shall be considered denied for failure to meet the conditions of approval. E. Owners may not alter or change their boat docks without the written permission of the Board of Directors. All alterations and changes must be submitted to the Board of Directors by submitting an Application and a signed Owner Use Agreement approved by the Board. F. If in the judgment of the Board, there is a reasonable likelihood that construction of a boat dock will put life or property at risk of injury or damage, the Association reserves the right to, immediately and without notice, stop the construction of a boat dock. G. If, in the judgment of the Board, construction of a boat dock is not in conformity with the Owner s application, as approved by the Board, the Board may issue a written notice to cease and desist the unapproved construction until the Owner agrees to correct the nonconformity / unapproved features of their Board dock. H. The Association shall have the right to levy an individual assessment or fine pursuant to Section 13 of the Declaration against the Owner and his Unit for any damage caused to the Association s Common Areas as a result of Owner and/or the Owner s family, tenants, or guests use of the boat dock. 14. Vessels & Watercraft A. All boats, vessels and watercraft must be properly registered. Registration must be displayed or available at all times, and must be registered with the Association, including guest boats, which may be on site for not more than thirty (30) days in storage area. Page 4 of 14

5 B. Boats, vessels and watercraft must be kept in the dock or other areas that may be designated in writing by the Association from time to time. The Board may designate portions of the Common Areas where Owners may keep their boats or watercraft, and the Board may change the designated areas in the discretion of the Board. C. No persons under the age of sixteen shall operate a boat or watercraft. D. Owners and their family, tenants, and guests shall not engage in any conduct that might interfere with the quiet and safe use and enjoyment of Common Areas and Property or create a nuisance within the Community. E. Owners and their family, tenants, and guests shall not store any hazardous materials on the Common Areas or any facilities or improvements located thereon, including any boat, vessel, watercraft or boat dock. F. Owners shall remove all trash and other personal property of Owner and/or Owner s family, tenants, or guests from the boat dock, boat, vessel or watercraft and Common Areas after each use. All boat, vessel and watercraft equipment must be stored out of sight when not in use. G. Commercial vessels and watercraft use is strictly prohibited and boat docks and the Common Areas may not be used by commercial ventures. Commercial signage such as For Sale or Charter for Hire are prohibited. H. All boat, vessels and watercraft must be maintained in a safe and fully operational condition. Motors must be capable of self-propulsion and hulls must be kept fully intact. I. Nothing may be dumped overboard while docked or kept on Cypress Cove Property. J. Vessels and watercraft may not be used as a dwelling. Live aboard vessels are strictly prohibited. K. Owners and their family members, guests and tenants must adhere to all Florida boating and marine life laws, rules and regulations and a breach of any of these laws, rules and/or regulations constitutes grounds to suspend use of an Owner s privilege to use the Property for boating. L. The safe use of each boat, vessel and watercraft is the responsibility of the Owner. Owners are responsible for the cost to repair damage to Cypress Cove Property if damage is caused by the Owner, their family members, guests or tenants. M. Owners must maintain liability insurance for the boat, vessel, watercraft and, if applicable, boat docks and any Owner using the Property must provide a copy of their current liability insurance statement to the Association as a condition of use of a boat, vessel or watercraft on the Cypress Cove Property. N. The use of the boat storage area is assigned to owners/tenants only on a first-comefirst-served basis and only as a resident by the Board of Directors. Boats and Boat trailers are to be stored in the area designated by the Association for boat storage. Nothing else is to Page 5 of 14

6 be stored in this area. Storage is not permitted without permission of the Board of Directors. Size will be at the discretion of the Board based on availability of room in the storage area. A Boat/Trailer Application must be sent to the Association Manager notifying in writing the type of boat or trailer to be stored in this area, your name and unit number, and trailer tag number. A maximum of one boat and/or trailer per owner or tenant is permitted. All boats and/or trailers must display a current tag and registration. Failure to keep boat and/or trailer registration current may be cause for boat and/or trailer to be removed from site. No airboats will be stored in this area, launched from the Cypress Cove ramp or tied to the Associations property. Boat ramp and storage area is for the exclusive use of resident owners and tenants only. 15. Grills Florida State Fire Code does not allow the use of any grill (gas or charcoal) on a porch or balcony of a multifamily dwelling. THIS IS A FIRE HAZARD! THERE WILL BE NO OPERATING GRILLS OF ANY KIND ON PORCHES OR BALCONIES! The grills must be kept a minimum of at least ten (10) feet from any building when in use. Owners need to be aware of what their tenants are doing. 16. Safety Children are not to play in the parking areas. Reasonable supervision will and must be exercised when children are playing in the common areas. There will be no skate boarding on Cypress Cove property. No unit owner, resident or guest may carry nor discharge or allow to be discharged for recreational purposes any air gun, BB gun, CO2 gun, slingshot, wrist rocket, pocketshot, bow and arrow, firearm or other projectile weapon within the property limits of Cypress Cove. No unlicensed vehicles to be kept on or used on premises. 17. Pets No more than 2 pets (dog and/or cat) of any kind, not to exceed 30 pounds in weight combined without the prior approval of the Board of Directors are permitted. All pets must be registered with the Association and such registration should include a statement from a veterinarian stating the pet is current in its vaccinations and statement of current weight. If pet is a puppy or kitten, a statement from the veterinarian must also include anticipated weight at full grown. No pit-bull or any other vicious dog allowed. Two small birds and fish in an aquarium shall be permitted, kept, raised or maintained in any unit in the development. However, if any of such permitted animal or bird shall, in the sole opinion of the Board of Directors of the Association, become dangerous or an annoyance or nuisance in the neighborhood, they may not thereafter be kept in the unit and shall promptly be removed from the development. A dog or cat shall be housed inside a unit and shall be on a leash at all times that the dog or cat is outside of the unit. Each unit owner shall promptly clean up any excrement from an animal on any area outside of the unit. 18. Soliciting There is to be no soliciting in the complex. Yard and/or porch sales are not allowed. 19. Guests and tenants Page 6 of 14

7 The owner will be responsible for compliance to the rules and regulations for guests and tenants. 20. Noise In order to assure your own comfort and that of your neighbors, radios, stereo s and TV s should be turned down to a minimum volume between 11:00 PM and 08:00 AM. All other unnecessary noises such as bidding good night to departing guest and slamming car doors, or congregating in the parking areas between the hours of 10:00 PM and 08:00 AM should be avoided. Page 7 of 14

8 21. Pool The following rules will be strictly enforced: 1) The pool is used at your own risk, no life guard (s) provided. 2) Pool hours are 08:00 AM to dusk or when the pool lights come on. 3) No Food or Drink in the pool or wet deck area. Food and drink allowed in the gazebo area only. 4) No GLASS in the pool area. 5) No alcoholic beverages. 6) There will be no diving, No running, No roughhousing, or throwing objects in the pool area. 7) A responsible adult (21 years+) must accompany children under the age of 16. 8) Only proper swimwear will be allowed in the pool. No street clothes, cut-off or shorts will be allowed. 9) If suntan lotions, creams or oils are used, a towel must be placed over pool furniture to protect the attire of others. 10) If a Resident does not accompany their guest to the pool, the guest MUST carry the current pool pass and key. Nobody will be allowed in the pool area without a current pass. 11) The gate must be locked at all times. Anyone climbing over the pool fence will be subject to the following: First Offense: a warning letter will be sent, Second Offense: resident will be banned from the pool permanently. One key and one pass will be provided to each new unit owner. After that any lost key and/or pass will be charged $25.00US each to the Owner. 12) Residents and/or guests who are incontinent must wear swimmer diapers when using pool. 13) Pets are not allowed in the pool area. 14) You must deposit your trash in the pool garbage can or take it home with you. 15) Restrooms must be kept clean, do not leave trash in them. 16) No lewd or lascivious acts are allowed in the pool area. Page 8 of 14

9 22. Protocol For Speaking at Meetings a) Protocol for Association Members Speaking at Board Meetings: A Member shall have the right to speak on any agenda item. A member is defined as any person or entity who owns legal title to a unit in Inverness Landing. The Board requests that the member state the agenda item on the sign in sheet prior to the meeting. When that agenda item is raised the Chairperson shall call upon the member to state their name and address and speak on the matter. The member will not be permitted to speak on other matters not being considered at the time or attempt to engage the Board in a conversation by asking the Board to answer a question or multiple questions. Members may only speak once on a matter at issue. A member shall have the right to address the Board for 3 minutes on any agenda item; however discussion by all members will be limited to 15 minutes on any agenda item. At the end of the Board meeting before adjournment, members in attendance will be asked if anyone would like to bring any matters not on the agenda to the Board. At that time a member wanting to speak is required to raise their hand and wait to be recognized by the Chairperson. The member would be required to provide their name and address and only address the Chairperson. Any Board action regarding the member s concerns and/or comments may be postponed and considered at the next Board Meeting or referred to a committee to examine and report on it at a later date. b) Protocol for Association Members Speaking at Membership Meetings: A Member shall have the right to speak for 3 minutes on any agenda item, provided that the member owner submits a written request to speak prior to the meeting. Open discussion will be limited to 15 minutes on any agenda item. If there is time remaining after members who submitted requests are finished, the Chairperson may ask if anyone else would like to speak. At that time a member wanting to speak is required to raise his or her hand and wait to be recognized by the chairperson. The member would be required to provide their name and address and then only address the chairperson and speak only on the matter being considered. The member will be permitted to speak on other matters not on the Agenda as part of New Business. Members will not attempt to engage the Board in a conversation by asking the Board to answer a question. Members may only speak once on a matter at issue. Page 9 of 14

10 EXHIBIT A CYPRESS COVE PROPERTY OWNERS ASSOCIATION OWNER USE AGREEMENT FOR THE CONSTRUCTION OF A BOAT DOCK The undersigned, as an Owner of a Lot within the Cypress Cove Subdivision and in consideration for the privilege of constructing, operating, maintaining and using a boat dock on Cypress Cove Property Owners Association s Common Areas identified in Plat Book 12, Page 120, Public Records of Citrus County, Florida (hereinafter the Property ), hereby agrees for themselves and their heirs, executors, administrators, successors and assigns as follows: 1. All applications for the construction of a boat dock and related improvements must be submitted in writing to the Board of Directors for approval pursuant to Section 11.6 of the Cypress Cove Declaration of Covenants, Conditions and Restrictions (hereinafter the Declaration ). All applications for a boat dock must contain a completed set of plans from a licensed contractor, copies of all required applicable local and County licenses and permits and this fully executed Use Agreement. The Board of Directors may deny any application which in its sole judgment does not match the aesthetics (height, size, length, color, material) of the Community, the submitted plan and/or application is incomplete, the proposed boat dock substantially interferes with another Owner s, tenant s, or guest s use of the Lake and/or Canal, this Use Agreement is unexecuted, the Owner is in violation of the Declaration and/or any rules and regulations promulgated by the Association, ), the Owner is delinquent in any of his or her monetary obligations to the Association, and/or for any other reasonable reason the Board of Directors may so decide, which in its sole judgment is based on the best interests of the Association and its members. 2. The Board of Directors may approve an application conditioned on obtaining all applicable governmental permits and approvals. Conditional approval does not permit the Owner to commence the construction of a boat dock. Final approval shall only be given for a boat dock when all applicable governmental permits and approvals are submitted to the Board of Directors. Governmental entities may have additional requirements for the construction of a boat dock. If an Owner fails to meet the condition of obtaining all applicable governmental permits and approvals within six (6) months of obtaining conditional approval from the Association, the Owner s application shall be considered denied for failure to meet the conditions of approval and the Owner will be required to submit a new application. 3. The Association reserves the right to, immediately and without notice, terminate the construction of a boat dock if there are any violations of the terms, conditions or provisions of approval or of this Use Agreement or, if in the judgment of the Board, there is a reasonable likelihood that continuation of the construction of the boat dock will put life or property at risk of injury or damage. 4. The Owner shall be responsible for the construction, maintenance and repair of the boat dock. The Owner must keep the boat dock in good repair and in a neat and attractive condition and safe for use at all times. Any costs are the responsibility of and must be paid by the Owner or his/her successors in ownership. In the event an Owner fails to properly construct, maintain and repair their boat dock, the Association may enforce the Owner s obligations pursuant to the Declaration, including, but not limited to, Section 5.3 as well as Chapter 720, Florida Statutes. 5. The Owner shall be responsible for any damage caused to any real or personal property caused by the Owner, his contractors and/or the Owner s family, tenants, or guests. The Association shall have the right to levy an individual assessment or fine pursuant to Section 5.3 of the Declaration against the Owner and his Unit for any damage caused to the Association s Common Areas as a result of Owner and/or the Owner s family, tenants, or guests use of the boat dock. Page 10 of 14

11 6. Owner accepts the use of the Association s Common Area, the Lake and Canal in its as is condition. The Association shall have no obligation to make any changes to the Common Areas, Lake or Canal to accommodate the construction, maintenance or use of a dock and related improvements. Owner shall inspect the Common Area, Lake and Canal prior to any use and shall be aware of the Common Area, Lake and Canal s open and obvious dangerous conditions. Owner and/or the Owner s family, tenants, or guests shall use the Common Area, Lake and Canal at their own risk. 7. To the extent possible, all Owners must obtain and maintain liability insurance in an amount acceptable to the Association for the construction and maintenance of the boat dock and related improvements, and for the operation of a boat / vessel or personal water craft. Owner s liability insurance must name the Association as an additional insured. Insurance must provide coverage for bodily injury, personal injury, death, and property damage. Written proof of satisfactory insurance must be delivered to the Association prior to the commencement of construction of the boat dock and annually as a condition of continued use of the boat dock. In the alternative, if an Owner is unable to obtain the required insurance in their name, the Owner must notify the Association and pay the Association s cost of adding the proposed boat dock to the Association s liability coverage. However, the foregoing does not obligate the Association to obtain additional liability insurance for an Owner s boat dock, in which case the Owner may not construct a dock, and in no event is the Association obligated to obtain property / hazard insurance to insure for damage to an Owner s boat dock. 8. The construction, maintenance and use of a boat dock is subject to this Use Agreement, the covenants, conditions and restrictions contained in the Declaration and any and all rules and regulations promulgated by the Association. Failure to abide by the Declaration, this Use Agreement, or the Association s rules and regulations may result in a fine, suspension of the privilege to use the boat dock for a reasonable period and/or, legal action. 9. The following rules and regulations shall be strictly enforced by the Association and may be amended and/or supplemented from time to time in writing through a vote of the Board of Directors of the Association: A. All boats and watercraft must be properly registered under Florida law, which registration must be displayed at all times, and must be registered with the Association, including Guest boats. B. Boats and watercraft must be kept in the dock or other area that may be designated in writing by the Association from time to time. C. No persons under the age of sixteen shall operate a boat or watercraft. D. Due to a limited amount of space, Owners with approved boat docks may not store their boats on any other portion of the Common Areas except temporarily in order to trailer them outside the Property or to the boat dock. E. Owners and their family, tenants, and guests shall not engage in any conduct that might interfere with the quiet and safe use and enjoyment of Common Areas or create a nuisance within the Community. F. Owner and their family, tenants, and guests shall not store any hazardous materials on the Common Areas or any facilities or improvements located thereon, including any boat dock. G. Owner shall remove all trash and other personal property of Owner and/or Owner s family, tenants, or guests from the boat dock after each use. Page 11 of 14

12 10. The Association shall have the right to charge a fee for the cost of reviewing and approving all documents related to an Owner s application for the construction of a boat dock and/or use of the Lake and Canal. The Association s Board of Directors shall determine the amount, which shall be collected from time to time as established by the Board. Payment of the fee is a precondition to the construction of the boat dock. 11. RELEASE, DISCHARGE, ASSUMPTION OF THE RISK, INDEMNIFICATION & HOLD HARMLESS PROVISION. A. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THEY WILL CONSTRUCT AND USE THEIR BOAT DOCK AND THE LAKE AND CANAL AT THEIR SOLE AND ABSOLUTE RISK. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THE USE OF A BOAT DOCK AND THE LAKE AND CANAL CARRIES CERTAIN RISKS, INCLUDING THE RISK OF BODILY INJURY, PERSONAL INJURY, PROPERTY DAMAGE AND DEATH TO ONESELF AND OTHERS. IN CONSIDERATION FOR THE PRIVILEGE OF CONSTRUCTING, MAINTAINING AND USING THE BOAT DOCK AND USING THE LAKE AND CANAL, THE UNDERSIGNED AGREES TO BEAR AND ASSUME ALL RISKS ASSOCIATED WITH THE CONSTRUCTION, MAINTENANCE AND USE OF THE BOAT DOCK AND THE LAKE AND CANAL, AND ALL (100%) OF THE DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, ATTORNEY'S FEES, AND COMPENSATION WHATSOEVER, WHICH THE UNDERSIGNED OR ANYONE ELSE MAY HEREAFTER ACCRUE ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF ANY AND ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN BODILY AND PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE AND THE CONSEQUENCES THEREOF RESULTING OR TO RESULT FROM ANY ACCIDENT, CASUALTY, OR EVENT ASSOCIATED OR CONNECTED IN ANY WAY WITH THE CONSTRUCTION, MAINTENANCE AND USE OF THE BOAT DOCK,LAKE AND/OR CANAL. THE UNDERSIGNED AGREES THAT CYPRESS COVE PROPERTY OWNER S ASSOCIATION, INC. AND ITS PAST, PRESENT AND FUTURE MANAGERS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DIVISIONS, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, ASSIGNS, HEIRS, EXECUTORS, ADMINISTRATORS, INSURERS, ATTORNEYS, AND PERSONS, FIRMS OR CORPORATIONS HAVING AN INTEREST THEREIN (HEREINAFTER COLLECTIVELY REFERRED TO AS THE RELEASEES) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, SUITS IN EQUITY OF WHATEVER KIND OR NATURE, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, ATTORNEY'S FEES, AND COMPENSATION WHATSOEVER WHETHER CAUSED BY OR CLAIMED TO BE CAUSED IN WHOLE OR IN PART BY THE ACTS, OMISSIONS OR NEGLIGENCE OF THE RELEASEES. B. THE UNDERSIGNED FURTHER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES NAMED ABOVE FROM, AS WELL AS DISCHARGE, PAY AND INSURE THE RELEASEES FOR, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, SUITS IN EQUITY OF WHATEVER KIND OR NATURE, COSTS, LOSS OF SERVICES, EXPENSES, ATTORNEY'S FEES, AND COMPENSATION WHATSOEVER, WHICH THE UNDERSIGNED OR ANYONE ELSE MAY HEREAFTER ACCRUE ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF ANY AND ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN BODILY AND PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE AND THE CONSEQUENCES THEREOF RESULTING OR TO RESULT FROM ANY ACCIDENT, CASUALTY, OR EVENT ASSOCIATED OR CONNECTED IN ANY WAY WITH THE CONSTRUCTION AND USE OF THE BOAT DOCK OR THE USE OF THE LAKE AND CANAL, NOTWITHSTANDING THAT SAID DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, ATTORNEY'S FEES, AND COMPENSATION MAY HAVE BEEN CAUSED OR CLAIMED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, ACTION OR INACTION OF ANY ONE OF THE RELEASEES. Page 12 of 14

13 C. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THE TERMS OF THIS USE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS OF THIS RELEASE, DISCHARGE, ASSUMPTION OF THE RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, APPLY TO EACH AND EVERY TIME THE UNDERSIGNED CONSTRUCTS, MAINTAINS AND USES THE BOAT DOCK AND/OR LAKE AND CANAL. 12. This Use Agreement and the provisions contained within it shall remain in full force and effect for so long as the undersigned uses and continues to use the boat dock or unless this Use Agreement is mutually terminated in writing by both parties. Furthermore, the provisions of Paragraph 10 shall survive the termination of this Use Agreement. 13. All provisions of this Use Agreement are enforceable equitable servitudes which run with the land and are effective on the undersigned and any successors in ownership unless and until this Use Agreement is terminated by mutual agreement of the parties. 14. In the event the Association initiates an action to enforce any of the provisions of this use Agreement, the Association shall be entitled to be reimbursed for its reasonable attorneys fees and costs, including those incurred in pre-litigation and post-litigation proceedings and any other fees and costs incurred pursuant to Chapter 720, Florida Statutes, if it prevails. Owner s Signature Date Print Name of Owner CYPRESS COVE PROPERTY OWNERS ASSOCIATION, INC. By: Its: Print Name Page 13 of 14

14 These rules are in effect to provide comfortable living arrangements for everyone. The Board has at its disposal various punitive actions it can take, as provided in the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, and the By-Laws, and will exercise its rights to assure that everyone can enjoy the facilities. Approved by the Cypress Cove Property Owners Association Board of Directors on August 21, Page 14 of 14