Declaration is the Declaration for Madison Lakes Homeowners Association, which was recorded in the Office of the Recorder of Deeds of Palm Beach County, Florida as Orb 9156 Pg. 1126.

Fining Committee deals with issues regarding violations.

Lot is a platted lot shown upon the recorded plat of the Properties with the exception of the Common Area and may also be referred to as "Parcel".

Minor Car Repair shall mean and refer to minor repairs or maintenance of vehicles such as changing a tire, battery, etc.

Managing Agent or Manager is the person or entity, if any, that has been employed by the Association to manage the day-to-day administration of the Property in the manner directed by the Board.

Member shall mean a Lot Owner.

Owner shall mean and refer to the record owner, whether one or more persons or entities, of a free simple title to any Lot that is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Where the owner is a trust, the beneficial owner of the trust and any person having the exclusive power of direction over the trust, shall be deemed to have personal responsibility for the Lot to the same extent as if title to the property were held in the name of such person or persons.

Permitted Vehicle is a passenger-type automobile in an operable condition having no more than four entry doors and specifically excluding limousines.

Property is and refers to that certain real property described in Exhibit A affixed to the Declaration of Restrictions and made a part hereof and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Recreation Area is the area at the pool and grassed area located directly north of the pool area and the Southeast corner of Madison Drive.

Resident is any person who resides on the Property, including families and tenants of Owners and including Owner if the context so indicates.

Streets are the roads in the Madison Lakes Development: Madison Drive, Fillmore Drive, Jackson Lane, Coolidge Court, Jefferson Way, Hamilton Court and Grant Way.

Surfaced Parking Area is a driveway, garage or the parking lot adjacent to the community pool.

II.        POLICIES AND PROCEDURES REGARDING ENFORCEMENT

A.        The following procedures shall apply to remedying, fining, and the suspension of Common Area and facility use privileges.  However, the requirements herein do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due.  In addition, suspensions may not exceed sixty (60) days for infractions of the Association’s Rules and Regulations.

1.         The Board will decide if any portions of the governing documents are being or have been violated   The homeowner will receive a notice of non-compliance (or violation) and 30 days to comply.  A second notice of non-compliance (violation) will be sent offering additional thirty (30) days to comply.  Following sixty (60) days of non-compliance the Board shall then provide written notice to the person alleged to be in violation, and the Owner of the Lot which that person occupies if that person is not the Owner.  Such notice shall state the nature of the alleged violation and that a hearing before the Fining Committee will be held on a specified date which is not less than fourteen (14) days from the sending of the notice.

2.         A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before the Fining committee.  The Fining Committee shall consist of at least three members appointed by the Board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer director, or employee.  If the committee, by majority vote does not approve a proposed fine or suspension, it may not be imposed.  If the person does not attend, the committee can still decide whether or not to levy the fine.  If the committee, by a majority vote does not vote for a fine, then the Board has no authority to overrule the committee.  Also, a fine cannot be a lien against the lot.  Since the Fining Committee does not make a decision on the expenditure of funds, or the approval of an architectural request, noticing such a meeting is not required.

3.         Where a fine is imposed it shall be in an amount which is the greater of $100.00-or the maximum amount permitted by law for a single, non-continuing violation. A fine may be levied on the basis of each day of a continuing violation in a daily amount which is the greater of $100.00, or the maximum amount permitted by law, except that no such fine shall exceed $1,000.00

4.         Notwithstanding any intent to appeal to the Board, any fine or suspension approved by the Fining Committee shall take effect immediately.

5.         After ten days prior written notice, the Association may enter upon said lot and cause the required repairs or maintenance to be performed, or as the case may be, remove unauthorized modifications or additions.  The cost thereof, plus reasonable overhead costs to the Association, shall be added to and become a part of the assessment to which the Lot is subject.

III.       GENERAL RULES

All rules, regulations, restrictions and covenants contained in the Declaration and By-laws are incorporated as part of these Rules and Regulations and are subject to the enforcement policies set forth in the final section of these comprehensive Rules and Regulations. To the extent that the provisions of applicable law, the Declaration, By-laws or the Rules and Regulations are in conflict, the provisions of the applicable law shall first control, followed by the provisions of the Declaration, the By-laws and the Rules and Regulations, in that order.

These Rules and Regulations are binding on all Owners, their families and guests. Exceptions to the Rules may be made only in writing, signed by the Board or its designee following a written request by an Owner.

IV.       RULES REGARDING THE USE, ADMINISTRATION AND APPEARANCE OF THE PROPERTY

A.        Alterations

1.         No alterations of any kind may be made to the exterior portions of any Lot, residence or property, including but not limited to roofs, driveways, siding, attic fans/ventilation systems, and grounds in and around the property and the lawns. All requests for alterations shall be submitted to the ACC and shall receive written Board and ACC approval before installation or alterations are instituted.

2.         No wall, fence, hedge, or similar structure or improvement shall be placed, constructed, erected or permitted on any lakefront Lot except in the case of fences, the creation of a Palm Beach County required swimming pool  barrier for an in the-ground pool shall be permitted with the prior approval of ACC and Board..

            Such pool barrier shall be no less than code compliant but not greater than  5’  (foot) high, white aluminum picket fence.  An example of an acceptable pool barrier is to be found around the Madison Lakes community swimming pool.

3.         No aboveground swimming pool shall be placed, constructed, erected, or permitted on any Lot.

4.         No temporary or permanent structure or improvement shall be placed, constructed, erected or permitted on any Lot or the Common Area without prior written ACC and Board approval before the installation or alteration of structure or improvement.  The Association shall take into consideration the aesthetics of the structure or improvement including but not limited to the color, location, materials, screening of, style, size, relationship with the surrounding structures, impact(s) upon neighboring Lots or Common Area, life expectancy of the structure or improvement, drainage impact, quality of construction and view of the Common Area.

5.         No exterior building painting shall be instituted without prior written approval of the ACC and the Board.  The ACC and the Board shall maintain a list of approved exterior building colors.  A sampling of the exterior building application color shall be placed on the home by the homeowner for visual inspection by the ACC.  No exterior building painting shall be instituted without prior written approval of the ACC and the Board.

6.         All exterior-building colors shall be compatible with the building’s roof colors.

7.         All building trims and doors shall be painted white.

8.         Accessory buildings and structures shall conform to the same color and materials used in the principal building.

9.         All alterations shall be completed within ninety (90) days from issuance of permits, or paperwork must be resubmitted to the ACC and approval shall again be given by the ACC and the Board.

B.        Antennas Satellite Dishes

Satellite dishes are not permitted to be placed in the front yard of any Lot or on the roof. They are permitted on the side and rear of a house as long as it is out of view and/or camouflaged or screened with appropriate planting. Any Satellite Dish that exceeds 36 inches in diameter must be mounted on the ground in the backyard and camouflaged or screened. ACC approval is not required as long as the above is adhered to. No television or radio masts, towers, poles, antennas, aerials may be erected, constructed or maintained. Any other variation requires written ACC and Board approval before installation.

C.        Assessments and Collections

1.         All quarterly assessments or other lawful charges of the Association are due and payable on January 1, April 1, July 1 September 1 of each calendar year. Any payment of the foregoing that is received after the fifteenth (15th) day of the above stated months shall be considered late. All payments received will be applied in such manner as determined by the Board.

2.         Any payment of less than the full amount of all assessments and other charges that are due in any given quarter or any payment that is made late shall cause the Owner to be subject to a Late Charge of twenty-five dollars ($25.00) which shall be added to and deemed a part of the Owner's Common Expense. Interest may also be assessed at a rate of eighteen percent (18%).

3.         Under appropriate circumstances, the Board shall have the authority to waive any late charges or interest that may have been added to the Owner's account.

4.         Owners who are delinquent in the payment of Common Expenses shall be subject to legal action in accordance with the provisions of the Declaration and By-laws. Once legal action has been commenced, all legal fees and costs will be assessed to the Owner as required by the Declaration and By-laws.

5.         Special assessments shall be due as determined by the Board.

6.         Any returned items by the Association's bank shall be subject to any bank charges incurred by the Association in addition to a twenty dollar ($20) administrative fee.

D.        Awnings Shutters Sunroofs

All requests for awnings, sunroofs, canopies or shutters shall be submitted to the ACC and shall receive written Board and ACC approval prior to installation. Hurricane Shutters used to protect windows in case of storm shall not be put up or closed more than 72 hours before a hurricane warning and shall be taken down or opened within 72 hours after the hurricane warning has ceased.

E.         Bicycles

Bicycles shall not be stored on patios.

F.         Board Meetings and Association Records

Board meetings, except executive sessions as permitted by law, are open to all owners, who are encouraged to attend. The time for Board meetings is determined by action of the Board from time to time, and appropriate notice will be provided to all Owners. As required by law, the books and records of the Association are available for the inspection of Owners for any proper purpose at reasonable times, provided that reasonable advance written notice is provided to the Association.

G.        Common Area

1.         Storage of any kind is expressly prohibited on or in any Common Area unless the area is expressly designated for such purpose.

2.         All toys, recreation equipment, bicycles, lawn chairs and the like shall not be left on Common Areas overnight.

3.         Any games, including but not limited to basketball, football and frisbee, or other activities that create a nuisance, damage any Common Area, or disrupts the peace is prohibited on or in any portion of the Common Area.

4.         Owners may not enclose any portion of the Common Area with a fence or other boundaries.

5.         Removal or installation of any trees, shrubs, or plantings on the Common Area shall be submitted to the ACC and shall receive written Board and ACC approval prior to installation.

6.         Owners shall not place debris on areas immediately surrounding their property.

7.         No permanent items including but not limited to benches, riffraff or piers shall be installed on the Common Area.

8.         The Streets shall only be used for ingress and egress to the Property.

H.        Damage to Common Area

Any Common Area that is damaged by the conduct of an Owner or by the Owner's family, tenants and/or guests will be repaired by the Association and specially assessed to the Owner responsible, or, at the Board's option, may be repaired by the Owner at the Owner's expense. Any determination of whether or not the Owner is responsible is subject to the Policies and Procedures regarding enforcement contained in these Rules and Regulations.

I.          Driveways

Any decorative change including but not limited to color or texture requires written ACC and Board approval prior to work beginning.

J.         Emergencies

In the event of an emergency, contact the appropriate authority.

K.        Garages

1.         Garages shall be used primarily for storage of vehicles and other items.

2.         No exterior alterations may be made to garage doors.

3.         Car engines shall not be left running in garages.

4.         Barbecuing in garages is prohibited.

5.         There shall be no assembling or disassembly of vehicles except minor repairs or maintenance of vehicles such as changing of a tire, battery, etc. are permitted until 10:00 pm.

6.         Nothing shall be stored in any garage that might create a danger of fire or explosion or that might create harmful or offensive fumes.

L.         Garbage and Trash

1.         All garbage cans, trash containers and recycle bins shall be kept, stored and placed in an area screened from the streets and adjacent Lots. No garbage cans, trash containers or recycle bins shall be left outside prior to day before pickup and or past the day of pick-up.

2.         Each owner shall be responsible for depositing his garbage and trash in receptacles as required by Palm Beach County.

M.       Landscaping

1.         ACC approval must be obtained prior to the removal, addition or alteration of any trees on Lots or Common Area.

2.         Requests for re-landscaping shall be submitted to the ACC and shall receive written Board and ACC approval prior to installation. Replacing a total of more than fifty percent (50%) of existing landscaping and any increase in the size of plant beds shall be considered re-landscaping.

3.         The Association shall not be responsible for the care and maintenance of any plantings installed by an owner or without ACC and Board approval.

4.         Any planting shall be placed in such a way so as not to interfere with the functions of any maintenance equipment used for the grass or Common Area or any access to a Lot that the Association may need to fulfill its obligation under its governing documents.

5.         Once a planting has been installed, the Association is no longer responsible for replacement of sod in that area.

6.         Any sod, damage to the watering system or other property damaged of any type on the Property shall be replaced at the expense of the Owner who is responsible.

7.         The planting of ficus trees or any other plantings prohibited by Palm Beach County are prohibited.

8.         Plantings around the mailbox shall be no higher than the mailbox and shall not interfere with the delivery of mail. No vines are allowed to cover the mailbox.

9.         No weeds, underbrush, or other unsightly growth shall be permitted to be grown or remain upon any Property.

10.       If a Lot is enclosed by a fence, the area enclosed shall no longer be maintained by the Association and it shall be the Owner's responsibility to maintain.

11.       If an owner caps off any sprinkler heads to the Association's sprinkler system, with the Association's approval, then the owner shall become responsible for watering that landscaped area.

N.        Lots

1.         No trade or business shall be conducted nor any commercial use made of any residential Lot.

2.         Elevations of the Lots shall not be modified.

3.         No person shall stand on or otherwise use the building's roof without prior Association approval.

4.         No temporary or permanent utility or storage shed, building, tent, structure or improvement shall be constructed.

5.         All Lots shall be kept in a clean and sanitary manner and no rubbish, refuse or garbage shall be allowed to accumulate or create a fire hazard.

6.         No wall, fence, hedge or similar structure shall be placed, constructed or erected or permitted on a Lot without ACC and Board approval

7.         Only white, five or six foot high, shadowbox fences shall be approved by the ACC and the Board with the exception of a barrier for an in-the-ground swimming pool as identified in Article IV, Section A, item 2..

8.         No mailbox shall be installed unless it meets the following criteria no exceptions:
Aluminum or vinyl white post, minimum 4x4 to maximum 6x6, Aluminum, metal, or vinyl plain white mailbox
                                    House numbers posted along side of post
.                                   Placed approximately 42 inches in height   from the road surface and approximately 1.5 to 2 inches from road edge
                                    Cement mailboxes painted white.  At turnover, the mailbox is to be replaced with acceptable mailbox replacement
                                    No ACC approval is required if the above requirements are adhered to

9.         All Lots are to be maintained in an aesthetically pleasing manner and as set forth in these Rules and Regulations.

0.         Maintenance Requests

Maintenance requests shall be submitted to the Board or designee.

P.         Patios/Patio Enclosures

1.         Owners shall keep patios clean, orderly and free from clutter.

2.         All requests to alter patio enclosures including but not limited to enclosing patios or making it habitable space, changing design or color, or changing, or adding use within the enclosure, excluding installation of floor cover, shall be submitted to the ACC and shall receive written ACC and Board approval prior to installation.

3.         Patios may not be used for storage, i.e. file cabinets and/or storage boxes

4.         Clothing, sheets, blankets, laundry and similar objects shall not be hung out or exposed.

5.         Patios shall not be used as pet runs.

6.         All perimeter window, patio or door treatments such as, but not limited to, blinds, shades and drapes, that are designed to cover any visible portion of windows, patios or doors on all properties shall be in good working order.

Q.        Moving/Sales

1.         A minimum of twenty-one (21) days prior to a Lot closing, the Owner shall contact the Management Company of Madison Lakes to obtain an assessment letter showing the amounts due and owing on that Lot’s account.  If the request is made less than twenty-one (21) days, the Association may charge a reasonable fee to provide such a letter.

2.         A minimum of twenty-one (21) days prior to a Lot closing the Management Company of Madison Lakes shall be notified and provided with the new owner’s name and current mailing address for the purpose of an introduction to the community and completion of the Homeowners’ Association Disclosure Form hereto attached as Exhibit D.

3.         A minimum of twenty-one (21 days prior to a Lot closing the new Owner shall set up an appointment with the Management Company of Madison Lakes to remit two hundred and fifty dollars ($250.00) to cover the expenses of documentation, interview and the Association Covenants. The new Owner shall provide the Management Company of Madison Lakes with their new telephone number.

4.         The new Owner will be added to the gate call box, receive gate clicker(s) and pool key.

R.        Lake

1.         No Owner is to dump or otherwise place any solvent, oil, soap or non-natural substance into any lake drain on the Association's Property or in the lake.

2.         Bathing and/or boating shall not be permitted in the lake.

3.         Trespassing by any unauthorized persons upon the Association's property including the lake is prohibited.

4.         Any games or other activities that create a nuisance, cause damage to the lake or disrupts the peace, is strictly prohibited.

S.         Holiday Decorations

Outdoor holiday decorations are permitted not more than thirty (30) days before a holiday and must be removed from the property no more than twenty (20) days following the conclusion of the holiday.

T.         Security

1.         Homeowners are expected to notify the appropriate authority immediately of any suspicious and/or criminal activities.

2.         Do not clear strangers or anyone through the entry gate without first identifying who is seeking entrance to the development.

U.        Signs and Advertisements

1.         Advertising signs for business or commercial activities are prohibited on the Property including Common Area and Lots.

2.         Signs shall not be displayed or placed upon any building including "For Rent" or "For Sale" excluding identifying the owners' name and/or address, or official Association notices as approved by the Board.

V.        Screen Enclosures

All screen enclosures shall be white aluminum only. Requests for additional screen enclosures, or alterations to existing screen enclosures shall be submitted to the ACC and shall receive written ACC and Board approval prior to installation or alteration.

W.       Pool/Jacuzzi Area

1.         All activities by Owners and their guests in and around the pool and Jacuzzi shall be conducted in accordance with the provisions of the state and local public health departments and with any other applicable laws.

2.         No alcoholic beverages, gum chewing or glass items shall be permitted in the pool/Jacuzzi area.

3.         Owners and their guests using the pool/Jacuzzi area shall be expected to leave the area clean, orderly and free from any refuse or trash. Pool furniture shall be left in an orderly fashion.

4.         All persons are required to shower before entering the pool.

5.         Personal conduct within the pool/Jacuzzi area shall be such that the safety of self and others is not jeopardized.

6.         No running, boisterous or rough play is permitted in the pool area.

7.         All apparel worn in the pool shall be clean and sanitary. As such, everyone using the pool shall wear swimming suits. Cutoffs, street shorts, halter tops and other clothing that may also be used as street clothing shall not be permitted.

8.         Spitting, spouting of water or other activities that may introduce bacteria or other contaminants into the pool or Jacuzzi shall not be permitted.

9.         Diving is not permitted.

10.       No A.C. powered electrical appliances will be allowed in the pool area.

11.       Diapered children may be brought into the pool area only if they are kept under the strict supervision of their parents and they wear a "swim diaper."

12.       No one under the age of 12 is permitted in the pool/Jacuzzi unless accompanied by a responsible person 18 years of age or older.

13.       No pets are allowed in the pool/Jacuzzi area.

14.       Operating hours of the pool are from dawn to dusk. After dusk only residents and/or their guests over the age of 21 are permitted in the pool area as long as they are quiet and appropriately use the pool/Jacuzzi area.

15.       No private parties are permitted in the pool/Jacuzzi area.

16.       Admission to the pool can be refused to all persons having any contagious disease, infectious conditions, colds, fever, open sores or any other condition, which has the appearance of being infectious.

X.        Pets

1.         No horses, hogs, cattle, cows, swine, reptiles, goats, sheep, poultry or other animals not commonly considered household pets shall be kept, raised or maintained on any Lot; PROVIDED, HOWEVER that dogs, cats and other household pets do not exceed two (2) per Lot if their presence causes no disturbance to others.  Effective June 20, 2002 all existing acceptable household pets are grandfathered.   A grandfathered pet that ceases to inhabit any Lot shall not be replaced.

2.         Dogs or cats shall be "walked" on owner’s property, Streets or outside the Madison Lakes Property. All fecal matter deposited on the Property shall be immediately picked up by owner, or pet walker, plastic-bagged and properly disposed of.

3.         Under no circumstances are dogs or cats permitted to urinate or defecate in and around the lake.

4.         Pets shall be leashed at all times and controlled so as not to create a nuisance on the Property. All pets shall be walked on a leash not to exceed six feet (6') in length.

5.         No pet or animal shall be "tied out" on the exterior of the Dwelling or in the Common Area, or left unattended in a yard, on a patio or on the Common Area.

6.         No dog runs or enclosures shall be permitted on any Lot.

7.         No commercial or business enterprise including commercial breeding, involving the use of animals, shall be permitted.

Y.         Solicitation

No soliciting is permitted.

Z.         Swimming Pool/Spa

Requests for the installation of a pool/spa shall be submitted and approved by the ACC and shall receive written Board approval prior to work beginning.  See also IV.A.3.

V.        VEHICLE

A.        General Rules Regarding Vehicles

1.         A 20-mile per hour speed limit shall be observed when driving on the Property.

2.         There shall be no parking or routes of passage across any other portions of the Property, including all lawn areas, sidewalks and fire lanes.

3.         Vehicles shall not be parked, maintained or stored in a manner that interferes with ingress to or egress from a driveway or other portion of the Property.

4.         Parking is only permitted in the driveway, garage or in the surfaced parking area adjacent to the pool.

5.         No recreational vehicles, boats, trailers or business vehicles shall be parked on the Property.

6.         No commercial vehicle can be parked on the property except in a garage.

7.         The Board has authority to tow unauthorized vehicles parked in common areas within the community, in accordance with Florida statutes and local towing ordinances.

B.         Enforcement

1.         The provisions set forth herein are intended to supplement, but not replace the Policies and Procedures Regarding Enforcement, that are fully applicable to all violations under these Vehicle Regulations.

2.         In the event of a violation of these vehicle rules, the Board or its duly authorized agent shall send a Notice of Violation to the Violator (Owner). Any failure to protest a Notice of Violation under these Rules or failure to request a hearing shall be deemed an admission of the violation and may result in costs and expenses being assessed to the Violator (Owner) as set forth in the Policies and Procedures regarding Enforcement.

3.         In addition to providing notice of any violation in accordance with the above provisions, the Board may also take any or all of the following actions:

a.         Record, to the extent possible, the vehicle identification, including license number, date of violation, type of violation and vehicle owner, if known, on a permanent record of violations.   All such records of violations shall be kept by the Association in the manner designated by the Board.

b.         Identify or attempt to identify the Owner whose vehicle is causing the violation.

c.         Identify or attempt to identify the vehicle owner, if not an Owner, and notify that owner of the violations.

1. After receiving notice of a violation, the Owner shall follow the procedures set forth in the Policies and Procedures Regarding Enforcement, or the violation will be deemed admitted.

VI.       LEASES, TENANTS AND NON-RESIDENT OWNERS

A.        All Owners who do not reside in a Lot owned by them shall provide the Board with their permanent residence address and phone numbers where they may be reached in an emergency, both at home and at work. Any expenses of the Board incurred in locating an Owner who fails to provide such information shall be assessed to that Owner as a Common Expense. Unless otherwise provided by law, any Owner who fails to provide such information shall be deemed to have waived the right to receive notices at any address other than the address of the Lot, and the Board shall not be liable for any loss, damage, injury or prejudice to the rights of any such Owner caused by any delays in receiving notice resulting therefrom.

B.         Owners may not lease less than the entire Lot, nor may the Lot be leased for transient or hotel purposes.

C.        Owners may not lease their unit for a period shorter than three (3) months and may lease the unit only once each calendar year.

D.        Every lease shall be in writing and shall be subject in all respects to the provisions of the Declaration, By-laws and Rules and Regulations of the Association.

E.         Every Owner intending to lease a property shall give prior notice of one (1) month to the Board of such intention, whereupon the Board shall provide the Owner a rider that shall be added to the lease and shall be signed by all the parties executing the lease.

F.         Each Owner shall be responsible for providing his or her tenants with copies of the Declaration, By-laws and Rules and Regulations. In addition, the Association shall be given both a signed original lease and rider to every lease of any Lot on the property prior to the occupancy date on said lease. Any expenses incurred by the Association in obtaining these documents shall be assessed to the Owner as a Common Expense.