Associations » Rocky Bayou

| General Information | Minutes | Newsletter |

General Information / Rules & Regulations:

Across the Choctawhatchee Bay, this late afternoon view of a shrimp boat returning home is a common sight at the townhouses of Rocky Bayou.

Rocky Bayou Townhouse Association, Inc.
1825 Valparaiso Boulevard
Niceville, Florida 32578

Rules and Regulations
Amended December 1, 2003

1 General ................................................................................................... 1
1.1 Applicability ..........................................................................................1
1.2 Authority ............................................................................................... 1
2 Procedure for Enforcement ................................................................... 1
3 Rules and Regulations ............................................................................2
3.1 Common Areas ....................................................................................2
3.1.1 Useage ..............................................................................................2
3.1.2 Litter ...................................................................................................3
3.1.3 Sports and games ............................................................................3
3.1.4 Noise ..................................................................................................3
3.1.5 Animals ..............................................................................................3
3.1.6 Boat Dock .........................................................................................4
3.2 TOWNHOUSES ..................................................................................7
3.2.1 Usage ................................................................................................7
3.2.2 Parking ..............................................................................................7
3.2.3 Trash and Garbage ..........................................................................8
3.3 Architectural Control ............................................................................8
3.3.1 Annual and Special Assessments ..................................................9
3.4 Lawn and Garden Maintenance .......................................................10
3.5 Disclosure statements on units ........................................................ 10
3.6 Townhouses for Rent ..........................................................................10

Rocky Bayou Townhouse Association, Inc.
1825 Valparaiso Boulevard
Niceville, Florida 32578

Rules and Regulations
Amended December 1, 2003

1 General

Rocky Bayou Townhouses are governed by an association that is responsible for enacting and enforcing Rules and Regulations that are designed to enhance the enjoyment of the 28 families living in close proximity to each other and who share in the use of commonly owned facilities. The Association delegates to their Board of Directors the responsibility of enacting and enforcing these rules and regulations.

While these regulations are not designed to be restrictive or punitive, the Board of Directors has determined that they are the minimum necessary to protect the value of the townhouses, and to ensure that all townhouse residents may enjoy their personal lifestyle to an extent that does not infringe on another resident’s reasonable expectation of a peaceful and tranquil existence.

1.1 Applicability
These Rules and Regulations apply to each member and the member’s tenants, guests, and invitee.

1.2 Authority
The authority to enact and enforce these Rules and Regulations is given in the following documents.

Florida Statue - Chapter 617.305
Rocky Bayou Townhouse Association By - Laws - Article VII
Rocky Bayou Townhouse Association Declaration of Covenants - Article VIII

2 Procedure for Enforcement

The Florida State laws provide for the enforcement of these rules by the Board of Directors and allows reasonable fines to be levied against any member or any tenant, guest, or invitee in cases where a rule is violated. The Board of Directors has adopted a $50.00 fine for any violation of these rules. A member should use attachment 7, Report of Rules Violation, when filing a complaint of a rule violation to the Board of Directors. When a complaint is filed to the Board of Directors alleging that a violation of the rules has taken place, the Board will use the following procedure to enforce the rule.

(1) A verbal request will be made citing the rule being violated and explaining the need to comply within a stated period of time.

(2) If the verbal request is not complied with, a written request will be made citing:

(a) The rule being violated and explaining the need to comply, either immediately or within 14 days (at the Board’s discretion),

(b) The amount of the fine (up to $50.00) that will be levied if compliance is not forthcoming within fourteen (14) days, and

(c) If a fine is levied, the date of a hearing to be held by a Grievance committee, which will be composed of at least three (3) members of the Association who have been appointed by the Board of Directors and who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, sister of an officer, director or employee. The Grievance committee must approve the fine by a majority vote.

(3) If the violator is a member’s guest, invitee, or tenant, or the tenant’s guest or invitee, the property manager (if there is one) and the owner will be notified as part of the initial written request.

(4) If the fine is approved by the Grievance committee and is not paid within seven (7) days an action will be filed in the appropriate courts.(5) Continued violation of the rule will result in the fine being levied each and every day until the rule is complied with.

******************************************************************************

3 Rules and Regulations

3.1 Common Area

3.1.1 Useage

The Rocky Bayou Townhouse owners share in the ownership of the common areas, including, but not limited to, the center court area, the boat dock, and such other properties and improvements as may be added to the townhouse complex from time to time. These areas are for the exclusive use of the owners or their tenants and guests. A guest is defined as one who is visiting at an owner’s or tenant’s townhouse. All others, including friends, business associates etc. are specifically excluded from using any of the common areas. All persons within the common areas, other than the owners, tenants, or their guests, are considered trespassers. The Okaloosa County Sheriff’s Department (651-7400) will be notified if trespassers are considered to be a problem or a threat.

3.1.2 Litter

All litter generated during the use of the common areas must be removed by the responsible parties, either the owners, tenants and/or their guests, hereinafter referred to as owners/residents. All litter and debris generated within the area of the owners/residents units must be removed by that owner/resident.

3.1.3 Sports and games

Sports and games may be played only in the areas designated by the Board of Directors for that purpose. No games or sports of any kind may be played within twenty (20) feet of any townhouse. Any damage to any townhouses or to any part of the common area, as a result of a sport or game being played, will be borne by the participants.

3.1.4 Noise

Residents are encouraged to be considerate and keep the noise level in the center court area within limits of tolerance. Excessive or disturbing noises after 10:00 p.m. are prohibited. The Board of Directors will be the sole judge in determining when a level of noise is excessive or disturbing.

3.1.5 Animals

(a). No exotic pets are permitted anywhere on the common areas. Exotic pets include all birds of prey, all reptiles, rodents, wild cats, and other animals normally considered creatures of the wild.

(b). No farm animals will be permitted any where on the common property or in any of the townhouses.

(c). Animals must be under positive control of their owner at all times. The Board of Directors will have the sole discretion in determining if an animal owner has positive control of their animal and if a leash is required to insure positive control of said animal. Under no circumstances will vicious animals be allowed on the common property. The Board of Directors will have the sole discretion in determining if an animal is vicious and such animals, having been determined as vicious, must be permanently removed from the Townhouse complex. Dog owners must use in-ground leashes when leaving their dog in the common area behind the patio. The in-ground leash should be put in the area next to the patio containing the air-conditioning unit so as not be endanger pedestrians or lawn maintenance equipment in the common areas. Any questions about the appropriate place to anchor the in-ground leash should be directed to a member of the Board of Directors.

(d). The dog owner must remove their dog litter immediately upon deposit from all townhouse areas, including any litter generated while the dog owner is exercising their animal in the townhouse complex. Removal is in compliance with Okaloosa County Ordinance Number 92-25 Section 12.4 which states “It shall be unlawful to allow premises where animals are kept be become unclean and a threat to the public health by failing diligently and systematically to remove all animal waste from the premises.”

(e). All animals maintained by owners/tenants must be properly licensed and tagged indicating current rabies shots.

(f). If a townhouse resident’s animal becomes obnoxious to other residents because of excessive littering, noise, or aggressiveness, the owner must correct the problem. If it is not corrected, the owner, upon written notice by the Board of Directors, will be directed to remove the offending animal from the townhouse complex.

3.1.6 Boat Dock

(a). The boat dock is specifically included in the common property and under the control of the Association. All dock spaces are assigned to boat owners by the Board of Directors. The Board will appoint a Dock Master to assure: implementation of the policy contained herein,
compliance with the rules governing the care, use, and safety provision of the dock, weekly, emptying of trash cans on dock and inspection of cans for damage, weekly, coiling water hoses and hanging on hangers, and,
weekly inspecting dock for repairs or damage.

(b). On November 11, 2003, at the monthly meeting of the Board of Directors, the Board decided to do away with permanently assigned boat slips. The Dock Master will assign boat slips to boat owners requesting one. The Dock Master will attempt to give the boat owner the best possible slip available to accommodate his or her boat. This also applies to anyone wanting a boat slip to deploy crab and/or bait traps.

This decision was made based upon direction from the Department of Environmental Protection (DEP). The DEP directed the Association to ensure that all boats are moored completely within the Association submerged land lease area. As such, smaller boats and jet skis will generally be assigned slips at the north end of the dock.

If an owner has more then one boat, the owner must contact the Dock Master who will, whenever possible, attempt to find a suitable location for the additional boat. If all boat slips become utilized, owners of multiple boats will be the first asked to remove a boat.

Under no circumstances may a boat slip be permanently used by someone who is not a member or tenant. The Dock Master and/or Board of Directors will maintain the master list of dock space assignments.

All boats permanently moored at the dock must be solely owned by the owner or his tenant.

Guests of owners or tenants may moor their boat at the dock for a period not exceed 4 consecutive days and not more than 8 days in a calendar month. The owner or tenant is required to provide proof of insurance to the Dock Master before the boat is moored at the dock.

All boats moored at the dock and all boats and trailers parked on the land at the end of 17th Street, must be registered with the Association. Attachment 4 must be completed by each resident or owner for any boats or trailers on Association property and given to the Dock Master (or any Board Member).

3.1.6.1 Rules for the boat dock

1. All fuel carrying recreational vehicles using the boat dock must be insured with at least liability insurance. The Dock Master, and/or the Association, must have proof of insurance in the form of a current liability insurance statement.

2. The maneuverability of a boat in the dock area and the position of the dock space must be considered by the boat owner relative to the boat length. Boats over 9 feet wide and 28 feet long are not allowed at the dock nor will they be assigned dock space. The displacement of a boat will also be considered when allowing a boat to dock in a boat slip. Boats considered a risk to damaging the dock will not be allowed.

3. Any boat found not to belong to an owner, tenant, or guest will be treated as a trespasser. The trespasser will be asked to move their boat.

4. Boats must not be tampered with or boarded by anyone other than their owners nor will they be used as diving platforms by swimmers without the specific consent of the boat owner, who will then be responsible for the actions or injury of any person(s) granted such permission. The Okaloosa County Sheriff’s Office will be called if any person is found tampering with another person’s boat.

5. Owners and tenants are responsible for their guests and conduct of their guests when using the dock.

6. Boat owners are responsible, by law, for any damage their boat may cause to other craft either by collision or excessive wake. The boat owner is responsible for any damage to the dock made by their boat hitting the dock either by accident or by water movement which causes the boat to hit the dock while moored.

7. Boat owners should check their boats before a tropical storm or hurricane to see that their boat is properly and securely moored for such conditions.

8. A Trash receptacle is provided for the deposit of all garbage. All litter generated during the use of the dock must be removed by the person responsible for generating it, including but not limited to sand and dirt from swimmers tracked onto the dock and the dock access. The following is quoted, in part, as a reminder to dock users and boat owners: “The Refuse Act of 1899 prohibits the throwing, discharging, or depositing of any refuse matter of any kind (including trash, garbage, oil and other liquid pollutants) into the waters of the United States to a distance of three miles from the coastline. Violators are subject to a penalty of $5,000.”

9. Hoses must be coiled and placed on the hose holders provided on the dock. Users of the hoses must ensure that they do not interfere with pedestrian traffic and that the hoses are not left in the water.

10. Crab traps or other fishing apparatus must not be tampered with without the specific consent of the owner. Per Florida State Law and the Florida Marine Patrol, tampering with crab traps is a felony which will be prosecuted to the full extent of the law. Owners of crab traps or other fishing apparatus may be asked to relocate such equipment if it interferes with boat access to the dock.

11. All users of the boat dock, in particular swimmers and fisherman, must conduct themselves in a manner that does not endanger themselves or cause danger to other dock users or damage to boats.

12. Cleaning or gutting of fish is permitted only at the designated fish cleaning table. No fish remains may be thrown in the water or trash cans. All bait or other fishing equipment must be removed from the dock upon departure.

13. No bicycles, tricycles, skateboards, or roller blades, are permitted on the dock.

14. No horseplay or running is permitted on the dock.

15. Children under 12 years of age using the dock must be under the control and supervision of a responsible person 18 years of age or older.

16. No lifeguard service is provided by the Association.

17. No fireworks can be fired from or toward the dock, or from or toward boats berthed there.

18. There are no vehicle parking facilities for the dock area. Vehicles must be parked at the owner/tenants townhouse. Temporary parking, up to thirty (30) minutes, is permitted in the entrance to the boat trailer parking area while loading and unloading equipment related to a boat. Under no circumstances may a townhouse driveway be blocked. The county property on Union Avenue across from 1757 Union Avenue and 1759 Union Avenue is available for longer term parking. Any cars improperly parked will be towed.

Rocky Bayou Townhouse Association, Inc., is not responsible for any accidents that occur on the docks.

Owners may request permission from the Dock Master to install a dock box, not to exceed 4 ft by 2 ft. If space permits, the dock master will determine where the box may be installed.

3.2 TOWNHOUSES

3.2.1 Usage
Rocky Bayou Townhouses is a residential community and as such no noxious or offensive trade or activity shall be carried on upon any townhouse lot, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood.

3.2.2 Parking
Vehicles may not be parked on the grass anywhere within the complex. There is some additional parking on the West side of Union Street which is county right of way. Parking along Valparaiso Blvd and Union is prohibited except on the paving bricks by the mailboxes from 5 PM to 8 AM (non postal hours). In the case of 17th Street, no vehicle, boat, trailer, or other equipment shall be parked directly across from a resident’s driveway unless it belongs to the resident that occupies the unit. No resident or guest shall restrict, in any way, access to another resident’s driveway. Cars improperly parked will be towed.

3.2.3 Trash and Garbage
The Association provides for trash and garbage pickup on Tuesday and Friday and for recycling bin pickup on Tuesday. Trash/garbage containers and recycle bins should be put by the road side on the appropriate mornings and removed by the end of the day. Garbage/trash containers and recycle bins must be kept inside at all other times. No rubbish, trash, inoperable vehicles, boats, or other waste may be left anywhere outside of the townhouse. Only BFI issued trash cans will be emptied.

3.3 Architectural Control

The Association maintains architectural control of the townhouses. This control is delegated to the Board of Directors. No building, fence, wall, or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. Attachment 5 should be used for the purpose of submitting plans. In the event the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Rule will be deemed to have been fully complied with. Any repairs or construction after casualty damage must also be approved in accordance with this section. This rule is in accordance with the Declaration of Covenants, Article V, Architectural Control.

Any violation of this Rule and Declaration of Covenants, Article V will result in a fine, the removal of the structure causing the violation, and the restoration of the property to the original state prior to the violation.

At the July 11, 2002 Board meeting ,the Board passed the following standards for the exterior of the townhouses. standards for the exterior of the townhouses. standards for the exterior of the townhouses standards for the exterior of the townhouses These formulas are for Benjamin Moore paint and stain. We have selected their best quality paint and stain so we won’t need to do this again as soon. These paints/stains can be made by any Benjamin Moore paint dealer. The formulas are also on file at Niceville Paint-N-Color in Palm Plaza in Niceville under Rocky Bayou Townhomes.

Siding Stain Garage/front door paint Trim Paint

089 -3B Print Date: 6/6/02 096 – 1B Print Date: 6/6/02 096 – 4B Print Date 6/6/02

UTC Gallon Formula UTC Gallon Formula UTC Gallon Formula

OY 1x 17.00 OY 1x 11.00 OY 1x 14.50
BK 1x 7.00 BK 0x 24.00 BK 2x 14.00
BB 0x 9.25 OG 0x 15.00 TG 1x 1.25
GY 0x 6.75 GY 0x 11.00 GY 0x 4.25
WH 1x 1.00

Roof Shingles N/A GAF Royal Sovereign Fungus
Guard - Colonial Slate

In addition, each owner has a responsibility to the Association, as stated in the Declaration of Covenants, to “...keep his or their portion of the building in which he or they reside neat and attractive,” and “...perform such maintenance, both interior and exterior, as may be necessary to protect the value of neighboring property.” The owner may pass this responsibility to their tenant, in cases where a unit is leased, but the lease arrangement does not release the owner from the ultimate responsibility since the owner is a member of the Association and is bound by the Not for Profit Corporation Florida State Laws, the Articles of Incorporation, the Declaration of Covenants, the By-Laws, and the Rules and Regulations. Each Spring the Board of Directors or the Architectural Control Committee will conduct a “walk-around” to inspect the outside of the buildings and the surrounding property. A report will be issued to each owner regarding their unit. Each owner will be required to repair, replace, or clean-up any damage, deterioration, or debris related to the exterior of their unit.

3.3.1 Annual and Special Assessments
Annual Assessments are usually set at the Annual General Membership Meeting and will be effective with at least 30 days written notice to the membership in accordance with the Declarations of Covenants, Article IV, Section 7. Monthly assessments are due on the 1st of the month and are considered late if not received by the 20th of the month. A $15 late fee will be charged for each assessment not received by the 20th of the month. Any assessment not paid within 30 days after the due date, shall bear interest from the due date at the rate of highest permitted by law, per annum (in accordance with the Declaration of Covenants, Article IV, Section 8). This interest shall not replace nor waive the obligation to pay the $15 late fee for each assessment. Only one late fee may be charged per month per assessment. If assessments are outstanding for ninety (90) days or more, foreclosure of the lien will be processed against the members townhouse in the amount of the sum of the delinquent assessments, applicable late charges, interest, and attorney fees. The above also applies to special assessments.

Members are responsible for all charges incurred by the Association for related NSF (non-sufficient funds) or returned checks.

Quarterly statements will be sent to members whose Assessment Fee account is either in arrears or overpaid (except in cases where the member obviously paid in advance).

3.4 Lawn and Garden Maintenance

The Association provides lawn and garden maintenance for the common area and lawn maintenance for the townhouse lots. The association does not provide maintenance for the shrubs and flower beds that are on, or immediately adjacent to, the townhouse lot. Residents are responsible for any personal plants they have planted in the patio gardens, the front garden on the side of the garage, the side garden (for owners of end units), the gardens developed between the fronts of the units and any grassy areas that inhibits the lawn service personnel from performing their duties efficiently and effectively. Owners are responsible for the areas next to their garage and share a responsibility for the area between the garages (for owners/residents of middle units).
During lawn maintenance season, owners/residents must keep the entire grassed area surrounding their unit, free from any obstruction which would impede the law maintenance personnel from effectively performing their duties.

3.5 Disclosure statements on units
The State of Florida requires Attachment 6 be signed by prospective purchasers of a unit in a homeowners association before the “Contract of Sale” is signed. A copy of the Disclosure should be kept by the member intending to sell their unit. Upon the sale of the unit, a copy of the Disclosure should also be given to the Association.

3.6 Townhouses for Rent

Owners who rent their townhouse to another must insure that the tenant has a copy of, has read, and agrees to abide by, these Rules and Regulations. Members who are renting their units are required to have their property manager, or other designee, give their tenants a copy of these Rules and Regulations and to have the tenant sign a copy of Attachment 1 acknowledging the receipt of a copy of these Rules and Regulations and agreeing to abide by them. A signed copy must be mailed to the Rocky Bayou Townhouse Association, Inc., at 1825 Valparaiso Blvd., Niceville, FL 32578. Ultimately it is the owner who is responsible for activities that take place on his townhouse lot.

Approved by the Board of Directors on December 1, 2003.

Click on the link below and it will bring you to the county recorded covenants. When the web site page appears, click on "view image", wait for the pages to load up, and then review the document.

RESTRICTIVE COVENANTS