1. Proposed Amendment to add Article XII to the By-Laws to Provide As Follows:
Article XII. Maintenance. All homes, structures and property located within Gables Estates community, more specifically defined as all of Gables Estates Number 2, Gables Estates Number 3, Gables Estates Number 4, Lots 14 through 21 Block 1 of Cocoplum Section One and Lots 1 through 9 of Block 12 of Cocoplum Section 2, Plat “A” (hereinafter “Gables Estates”) are located within the City of Coral Gables, subject to the Coral Gables City Code of Ordinances and are required to comply with those Codes. In addition, each home, structure and property located within Gables Estates and each owner or resident thereof is required to comply with the below listed standards and requirements for maintenance thereof. This obligation shall exist regardless of whether the home, structure or property is occupied or vacant. Whether a given home or property is vacant, in the process of transferring title, or on the market to be sold does not excuse compliance with the obligations for the maintenance of homes, structures and property located in these By Laws and the Coral Gables City Code of Ordinances. The Board of Governors of the Gables Estates Club, Inc. shall be specifically empowered to add to, amend and delete these as it may find to be necessary from time to time.
Section 1: Maintenance of Homes, Structures and Property:
(a) All doors and windows in any given structure must be closed and locked when the structure is vacant.
(b) All walls, railings or structures of any kind must be maintained in good repair, properly painted with a Gables Estates Club, Inc. approved color and free of any unsightly damage or defects as may be determined by the Board of Governors of the Gables Estates Club, Inc.
(c) In addition, all front, rear and side yards and/or property must be kept free of debris, trash, rubbish, weeds or other unsightly or unsanitary items.
(d) All grass and/or undergrowth on any portion of the property must be kept at a height of six inches or less from the ground.
Failure to comply with the above referenced standards for homes, structures and/or property located within Gables Estates will lead to a notice given by certified mail to the owner of the property upon which the violation exists to the address listed within the Gables Estate Club Inc.’s (the “Club”) records advising the owner of the violation. If the owner fails to remedy the violation within the number of days set forth in the notice, the Club shall have the right to remedy the violation on the owner’s behalf and at the owner’s expense. All expenses associated with remedying the violation will be levied as a charge against the property upon which the violation exists, which will be collected in the same manner as past due assessments due to the Club may be collected. Further, should more than one violation occur under this Section, the Club shall have the right to remedy future violations without further notice at the owner’s expense.
All owners are responsible for ensuring that any agent or employee, including realtors and/or brokers, responsible for the home in the owner’s absence complies with the standards set forth in the Coral Gables Code and in these By-Laws and any Rules and Regulations adopted by the Board of Governors of the Gables Estates Club, Inc.
Section 2: Landscaping:
Owners and occupants of homes and properties within Gables Estates shall ensure that any service providers that perform landscaping services for the owner’s home or property shall comply with all of the Coral Gables Code of Ordinances governing such services. In addition to any published Coral Gables City Code of Ordinances that may govern such landscaping services, the following restrictions shall apply:
(a) All landscapers or other service providers shall either remove the landscaping or yard debris from the property and dispose of it properly and pursuant to City Code outside of Gables Estates or on the right of way that corresponds to the property upon which the landscaper or service provider is providing services. No owner, resident nor any agent or employee of any owner or resident, may dump any refuse on any right of way within Gables Estates other than their own property’s right of way. Residents, occupants and their service providers are prohibited from depositing household refuse in trash piles, any earlier than 6:00 p.m. of the day preceding the designated collection day and any later than 7:00 a.m. on the day of the scheduled collection.
(b) No landscaping services using any noise-producing lawn mowers, lawn-edgers, weed trimmers, blowers, chippers, chain saws, power tools or other noise-producing tools which are used to maintain a lawn or landscaping shall be provided to any property located within Gables Estates earlier than 7:30 a.m. nor later than 6:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays or Fridays. No such services be provided to any property located within Gables Estates before 9:00 a.m. or after 5:00 p.m. on any Saturday. No such services shall be provided to any property located within Gables Estates on Sunday or any holiday as established by Section 1-2 of the Coral Gables City Code of Ordinances.
(c) Any vehicles or receptacles which have been temporarily placed on a street located within Gables Estates for the purpose of rendering landscaping services or facilitating the rendering of landscaping services to a property located within the Gables Estates shall be surrounded by orange traffic cones placed around the vehicle and/or receptacle to alert drivers of the vehicle’s or receptacle’s stationary position. Also, any such vehicles and/or receptacles shall be removed as soon as practicable after the services are rendered. Under no circumstances may such vehicles and/ore receptacles remain on the street past those hours set forth above for the provision of the services. Violation of this provision will lead to towing and/or removal of such vehicle and/or receptacle without further notice and at the cost of the owner of the property for which the vehicle and/or receptacle was used to provide services.
Section 3: Building/Construction:
(a) No construction, alteration or general repair of any building, structure or other item for which a permit to construct, alter or repair is required by any ordinance of the City of Coral Gables, nor any dredging or land filling operation, nor site preparation, assembly, erection, substantial repair, alteration, delivery of materials, demolition or similar action, which disturbs the peace and quiet of the neighborhood, shall be done in Gables Estates before 7:30 a.m. or after 6:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; nor shall any such activity take place on any Saturday before 9:00 a.m. or after 5:00 p.m. nor on a Sunday or any holiday as established by Section 1-2 of the Coral Gables City Code of Ordinances.
(b) Any person desiring a special permit for the purpose of doing construction, alterations or repair from the City of Coral Gables must first seek and receive the written approval of the Board of Governors of the Gables Estates Club, Inc. for such special permits. Thereafter, the requirements of the Coral Gables City Code of Ordinances shall be followed for the procurement of any special permits.
(c) All properties located within Gables Estates shall comply with the above referenced requirements in this Article XII and any other Rules or Regulations that may be adopted by the Board of Governors of the Club regarding the maintenance of property in Gables Estates, regardless of the status of any building or construction that may be occurring on the property. Even if substantial construction is occurring on the property, to the extent possible, such properties shall be kept clean, debris free, free of weeds and overgrowth of grass and other construction debris. Any such refuse must be removed daily and in accordance with this Article and/or Coral Gables City Code of Ordinances, whichever is stricter.
(d) All construction sites, whether they be new construction, repairs, additions or otherwise, shall be properly fenced in and screened to avoid improper entry onto the construction site and to minimize the likelihood of construction debris and dust from exiting the construction site and damaging personal property or structures located outside the construction site.
(e) All work performed and services provided within Gables Estates must conform with the requirements of Coral Gables City Code. All required licenses, permits, or other City requirements must be properly obtained and displayed on the property prior to commencing any work. All required inspections must be timely sought and completed to the City’s satisfaction.
Section 4: Owners Must Ensure Compliance
It is the responsibility of each owner and member to ensure that all contractors, service providers and workers who perform work or provide services to the owner or member’s property or home comply with the requirements and restrictions listed in this Article and any other Rules that may be enacted by the Board of Governers. Each owner and member is required to certify to the Club that: (1) he or she has provided a copy of this Article and any other Rules governing such work or service to any and all contractors, service providers and workers who will perform work or provide services to the owner or member’s property or home and (2) the contractors, service providers and workers will abide by the stated restrictions.
Owners must also provide the Club with the Name, Address and License Number for each contractor, service provider and worker who will be providing services to his or her home, as well as estimated dates of service and work.
2. Proposed amendment to add Article XIII to the By-laws to read as follows:
The Board of Governors shall be entitled to enact or amend Rules and Regulations governing the use, maintenance and/or occupancy of all of the real property in Gables Estates Subdivisions Numbers 2, 3, 4, Lots 14 through 21 of Block 1 of Cocoplum Section 1 and Lots 1-9 of Block 12 of Cocoplum Section 2, Plat “A”, and any other Rule and Regulation that may be authorized by Florida law.
3. Proposed amendment to add Article XIV to the By-laws to read as follows:
The Board of Governors may, pursuant to Florida Statute, Chapter 720 as amended from time to time, levy reasonable fines against a parcel not to exceed the maximum amount permissible by law, for failure to comply with the provisions of the Board policies and governing documents (Declarations of Protective Covenants, Articles of Incorporation, By-laws and Rules and Regulations), by members, occupants, licensees, tenants and invitees. A fine may be imposed for each day of a continuing violation at the highest rate allowable by law per violation with a single notice and opportunity for hearing, provided that no fine shall in the aggregate exceed the maximum amount permissible by law.
A fine may not be imposed without prior notice of at least fourteen (14) days to the person sought to be fined and an opportunity for a hearing before a committee of at least three (3) members appointed by the Board who are not officers, directors, or employees of Gables Estates Club, Inc., or the spouse, parent, child, brother, sister of an officer, director or employee. If the committee, by a majority vote, does not approve a proposed fine or suspension, it may not be imposed. Notice of the fining hearing is effective when mailed. The levying of a fine does not preclude the Board from pursuing any other remedy allowed by the Gables Estates’ governing documents or Florida law, including an action for an injunction.
