Bradenton Tropical Palms, Inc.

Rules and Regulations - Effective Date: August 15, 2008

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NOTE: The statements contained herein are only summary in nature. A prospective purchaser should refer to all references, exhibits hereto, the sales contract and the condominium documents

GENERAL HEADING:

Welcome to Bradenton Tropical Palms. The property is privately owned, and we are required by law to abide by certain standards. Many of our rules and regulations are based on what is required of us by law; the remainder are promulgated to protect life, property, privacy and a pleasant environment.

The following rules and regulations are intended for the comfort, welfare and safety of you and your guests and to maintain the appearance and reputation of our Park. These rules have been established by the Board of BRADENTON TROPICAL PALMS, INC. (hereinafter called the “Corporation”) owner of the Park, and may be changed form time to time to achieve this and other purposes.

Consideration and courtesy to others plus your cooperation in maintaining an attractive home will help us sustain the high standards of the Corporation. PLEASE READ THESE RULES CAREFULLY.

DEFINITIONS:

Board of Directors or Board – “Board of Directors” or “Board” shall mean the current board of directors of BRADENTON TROPICAL PALMS, INC.
§723 Prospectus – “§723 Prospectus” shall mean that certain Prospectus prepared pursuant to the requirements of Chapter 723, Florida Statutes, approved by the Florida Department of Business and Professional Regulation on June 30, 1986, bearing approval number PRMZ000070-P10109, or approved on December 2, 1986, bearing approval number PRMZ000070-PA0109, or approved on November 12, 1986, bearing approval number PRMZ000070-P20109, as applicable, which governs those Tenants of the Park subject to Chapter 723, Florida Statutes.
Cooperative Prospectus – “Cooperative Prospectus” shall mean that certain Prospectus prepared pursuant to the requirements of Chapter 719, Florida Statutes, approved by the Florida Department of Business and Professional Regulation on March 25, 1998, bearing approval number PR2V024420, which governs those Shareholders of the Corporation subject to Chapter 719, Florida Statutes.
Cooperative or Corporation – “Cooperative” or “Corporation” means BRADENTON TROPICAL PALMS, INC., the owner of the Park and Landlord to both Shareholders and Tenants.
Home – “Home” shall mean the manufactured home owned by the Corporation, Shareholder or Tenant and located in the Park.
Lease – “Lease” shall mean that certain Memorandum of Proprietary Lease, which is Exhibit “8” to the Cooperative Prospectus, executed by a Shareholder of the Corporation applicable to Shareholder’s Unit and appurtenant to Shareholder’s Membership Certificate.
Management – “Management” shall mean the professional manager employed by the Board of Directors and the Corporation to manage the Park.
Park – “Park” shall mean BRADENTON TROPICAL PALMS MOBILE HOME PARK.
Rental Agreement – “Rental Agreement” shall mean that certain Lot Rental Agreement attached as Exhibit “D” to the 723 Prospectus applicable to Tenant’s lot.
Resident – “Resident” or “Residents” shall refer to both Shareholders and Tenants.
Shareholder – “Shareholder” shall be the person or persons who own a Membership Certificate issued by the Corporation pursuant to the Articles of Incorporation and the Bylaws.
Tenant – “Tenant” shall mean an occupant of the Park who is not a Shareholder and who does not occupy a Unit of a Shareholder but occupies a Unit owned by the Corporation.
Unit – “Unit” or “Units” shall refer to the cooperative parcel in the Park upon which a Shareholder’s manufactured home may be located or a rental parcel upon which a Tenant’s manufactured home may be located, as said parcels are shown on the Plot Plan which is Exhibit “14” to the Cooperative Prospectus.
1. ACCEPTANCE:

It is the intent of the Corporation that the Park be operated as “housing for older persons” in accordance with Housing for Older Persons Act of 1995 (as amended or modified from time to time, “HOPA”). Under HOPA, “older persons” are defined as persons fifty-five (55) years of age or older. The Park complies with HOPA and is intended to be reserved for occupancy by persons fifty-five (55) years of age or older, with certain exceptions as allowed by HOPA. Unless they were already in residence prior to the formation of the Cooperative, at least eighty percent (80%) of all occupied Units within the Park must be permanently occupied by at least one Resident fifty-five (55 years of age or older. All Residents of the Park must be at least forty-five (45) years of age. All prospective Residents of the Park will be screened for compliance with these provisions, and no application for residency will be accepted without satisfactory proof of age such as a valid driver’s license, birth certificate or passport. Under HOPA, the Corporation, may in its sole discretion: (2) modify this requirement, (b) limit its enforcement, or (c) strictly enforce this rule as a result of its interpretation under Federal or State law. If the Home is sold to someone who is not approved by Management, the Home must be moved from the Park at time of sale.
Application for Residency. Prospective residents must:
1. Fill out an Occupancy Application and pay an application fee not to exceed the greater of $100 or the maximum cost allowed under §719.106(1)(i), Florida Statutes, or Chapter 723, Florida Statutes, as applicable, to defray any cost connected with the screening process. If this fee is determined to be a fee prohibited by Chapter 719 or 723, Florida Statutes, as applicable, it will be refunded. Management will use the application (which may include credit and criminal background checks) to determine if the applicant is qualified to become a Resident in the Park.
2. Present to Management for copying documentation of the age of all proposed occupants of the manufactured home, which documentation shall include one of the following:

Current driver’s license;

Birth certificate;

Current passport;

Current immigration card; or

Such other documentation of comparable reliability containing a birth date.

Have no record of conviction of a violation of a federal or state law or local ordinance which may be deemed detrimental to the health, safety or welfare of the other Residents of the Park.

Have not filed bankruptcy within the last seven (7) years.

Have never been evicted from any form of residential dwelling except for land use or ownership change.

Applicants for tenancy must provide a security deposit in an amount equal to one month’s rent or maintenance fee/assessment.

Provide a copy of their manufactured home’s current registration for file records.

Determination by the Corporation that the Shareholder or Tenant misstated or misrepresented any information on any application or entry form required by the Corporation prior to admittance as a Resident of the Park and a Shareholder or Tenant of the Corporation shall constitute a violation of these Rules and Regulations, and the Corporation shall have all rights and remedies permitted in the Declaration of Master Form Proprietary Lease and under Chapters 719 and 723, Florida Statutes, as applicable.

OFAC REPRESENTATION. Resident hereby represents that neither Resident, nor any person who resides or is proposed to reside with Resident in the Park is or will be a Prohibited Person, as that term is hereinafter defined. A “Prohibited Person” is any entity, person or party: (i) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order 13224 issued on September 24, 2001 (“EO13224”); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons” (which list may be published from time to time in various media including, but not limited to, the OFAC website, http://www.treas.gov/offices/enforcement/ofac/sdn/ (the “OFAC List”); (iii) who commits, threatens to commit or supports “terrorism,” as that term is defined in EO13224; or (iv) who is otherwise affiliated with any entity or person listed above.

The security deposit paid by the Tenant shall be returned to the Tenant fifteen (15) days after Tenant has vacated the Unit with his, her or their account paid in full and full inspection has been made and approved by the Corporation.

THE MANUFACTURED HOME:

Homes shall be attractively maintained by the Resident and comply with all applicable federal, state and local laws, ordinances and regulations as from time to time amended.
All Homes brought into the Park must first be approved in writing by Management or the Board of Directors. All Homes brought into the Park must be not more than five (5) years old and must be professionally installed. Homes must be at least 12 feet wide by 40 feet long and will be sited in by the vending dealer or a Management approved company. Management may refer questions arising concerning the acceptability of a Home to be installed to the Board of Directors. Owners of incoming Homes shall present to the Park Manager such information requested by the Board regarding their Home in advance of moving the home into the Park. Failure to present all such information requested by the Board of Directors in a timely manner shall be grounds for denying the owner of an incoming home the privilege of moving such home into the Park.
Porch steps must be constructed of aluminum, cement, fiberglass or pressure treated wood.
Patio and carport awnings specified on the accepted site plan must be installed within sixty (60) days of installation of the Home. Only board-approved designs and materials (which comply with federal, state and local law, including the applicable building codes) may be used.
Skirting will be required within thirty (30) days of installation of the Home and must be either aluminum or masonry of a type approved by the Board.
Any and all constructions proposed to be done by Resident must first be submitted and approved by the Board prior to commencement of construction.
All Homes must be adequately insured against liability for injury to and death of third parties and damage to and destruction of the property of third parties. Your personal property is not covered by insurance. We strongly recommend that if you rent, you purchase a renter’s policy and if you are a homeowner that you purchase a homeowner’s policy. The Park may require written proof of such insurance coverage. YOU ARE NOT INSURED AGAINST ANY LOSS BY THE COPORATION, THE BOARD OR MANAGEMENT.
The Home’s interior and exterior repairs are the responsibility of the Resident. Residents should use care to be sure that they use licensed, insured professionals when having repairs, renovations, or additions made to existing homes. A copy of any contractor’s liability insurance must be obtained and given to Management prior to proceeding with work. All exterior repairs and/or modifications must be approved in writing by Management or the Board of Directors prior to commencement of any such repairs and/or modifications.
Tie-downs and blocking must comply with all state, county, city and other applicable governmental ordinances as enforced by law.
Fencing is not permitted in the Park. Notwithstanding the foregoing, and only with the prior written approval of Management, decorative white PVC fencing may be permitted for the purpose of landscaping or to screen trash cans from public view.
Prior to painting the exterior or vinyl siding on the Home, the color selected must be submitted to Management or the Board of Directors and written approval obtained.
Resident must provide copies of all governmentally-required permits and obtain written approval from Management or the Board for any remodeling done to the Home. There is a time limit of two (2) weeks to complete any remodeling project. After two (2) weeks, all material and garbage must be completely cleared form the Unit. Any extension of this two (2) week time period requires the written approval of Management.
1. THE UNIT AND HOME SITE:
  1. The Resident is responsible for the overall appearance of the Home and Unit. Both shall be kept orderly, neat, clean and free of litter. Trimming, watering, weeding and general care of gardens, lawns and shrubs is the responsibility of the Resident. Additional landscaping and shrubs may be planted only with Management’s prior written approval of type and location. Once planted, all growth becomes Park property.
  2. Units not maintained to Park standards will be maintained by Management. A minimum fee not to exceed $100.00, and in accordance with the procedure set forth in §719.303(3), Florida Statutes, may be added to the following month’s rent or maintenance fee for each clean-up of a Tenant or Shareholder’s Unit by Management. Prior to levying a fine, the person must be given an opportunity for a hearing before a committee of other unit owners and if the committee does not agree with the fine, it may not be levied.
  3. The Resident will maintain sewer lines in and under the Home. The Park shall maintain the lines form the exterior clean out to the main sewer line. Kleenex, paper hand towels and other items must not be deposited in sewer. These will not dissolve. This stops up sewer lines. The Park may charge the Resident for unstopping the exterior line form the home site if the stoppage was caused by the Resident. If such service is required, the Resident will be charge $85.00 or the actual cost of repair. Residents will not be charged if the stoppage is from tree roots, dirt from a hole in the line, etc. or any other cause beyond their control.
  4. Except as provided in §163.04(2), Florida Statutes, as amended, no clothing or other similar items shall be hung on or near the Home.
  5. Residents shall be permitted to conduct patio/yard sales not more than four (4) times per year between the hours of 9:00 a.m. and sunset. Each patio/yard sale must be approved in writing by Management. Signs advertising patio/yard sales may not be put up prior to 8:00 a.m. and removed no later than one hour past sunset on the day of the sale. No such patio/yard sale may disrupt traffic in the Park.
  6. Landscaping, trees and shrubs may be planted after obtaining written approval form Management. Please space plantings for ease in moving and consult Management prior to planting trees and shrubs to assure that the area is free of all utility lines. Once planted, all trees and plants become Park property. Management reserves the right to remove trees, hedges and shrubs when deemed necessary. Each Resident is required to keep plantings (including trees) trimmed, neat and orderly. Should the Resident fail to fulfill this responsibility, Management will hire someone to do the necessary work and bill the Resident for work performed. A minimum fee of $35.00 will be charged per mowing required to be performed by Management.
  7. Flowers, shrubs and lawns may be watered only by hand-held sprinkler on days established by Municipal Water Authorities. No set sprinkler or soaker hose will be allowed. Water shall not be permitted to run down or upon streets from sprinkler.
  8. The Park provides weekly (summer) and as needed (winter) lawn mowing and edging for every Unit. Lawns are fertilized twice annually.
  9. Cable television service is available through the local cable television’s company at Resident’s expense. No one is required to accept such service and may refuse it. Charge for this service is not included in the Tenant’s rent or the Shareholder’s maintenance fee.
  10. Federal Communications Commission regulations allow reasonable restrictions affecting the placement, appearance or installation of satellite dishes and antennas. In order to maintain an attractive Park, thereby preserving the market value of Residents’ Homes, Residents are strongly urged to rely on indoor broadcast antennas or cable television service as opposed to installing outdoor antennas or satellite dishes. To maintain the appearance of the Park and help avoid safety hazards to other Residents, all antennas and satellite dishes of every kind should be installed form the middle to the rear of the manufactured home. They may not extend higher above the manufactured home’s roofline than the distance between the manufactured home itself and the adjacent lot line. Such limitation is to protect other Residents from injury if the antenna or satellite dish falls. A satellite dish may be installed on Resident’s Home, or on Resident’s Unit, so long as it does not exceed one (1) meter in diameter. Dishes larger than one (1) meter in diameter are prohibited on Homes or Units in the Park. Satellite dishes and antennas may not be installed on any other Resident’s Unit or on common property. Moreover, satellite dishes and antennas may serve only one (1) Resident’s Home.
  11. Any improvement to the Unit, other than existing improvements provided by Management, shall be at the expense of the Resident and only with prior written approval from Management.
  12. Water and sewer are furnished to each Home. Residents will exercise prudence in using water and report all internal or external leaks to Management.
  13. Electric meters and telephone lines are installed at each Unit. Resident will make their own application for service and will pay all bills rendered by the utility company.
  14. Residents shall not store campers or trailers, of any kind, motor homes, boats, including, but not limited to canoes, inflatable plastic or rubber boats, etc., or recreational vehicles on their Unit or in the Park. No items may be stored outside the Home in any vehicle, trailer or any other container. In accordance with the procedures set forth in §719.303(3), Florida Statutes, Residents may be assessed a fine of $50.00 for violation of this Rule, and Tenants will be notified of a first violation of these Rules. In addition to the foregoing, the vehicle or boat will result in the vehicle or boat being towed by company employed by the Corporation to a location maintained by that towing company and the charge therefore will be owed by the Resident to the towing company.
  15. No home appliances (washer, dryer, water heater, etc.) will be permitted anywhere except inside the Home. Only appropriate metal, wood or plastic outdoor type furniture may be tastefully displayed on carports or patios. Bicycles and golf carts are also permitted. Store outside furniture and bikes inside when leaving town.
  16. Any change in utility service to meet requirements of Resident will be done at Resident’s expense.
  17. All utility connections must comply with all applicable governmental ordinances.
  18. Each Unit must have adequately paved parking for one (1) vehicle.

RECREATION FACILITIES:

Recreation facilities are provided for use of Residents and their guests.
Rules regarding each facility are posted for your safety and convenience in that respective area.
Equipment and facilities are used at your own risk.
All chairs, tables or any other equipment in the Recreation Hall or other facility are to remain. At no time will any of this equipment be loaned to any Resident of the Park without permission from Management.
Recreation facilities hours are from 8:00 a.m. to 10:00 p.m. unless extended by special arrangement with Management or the Board of Directors. Recreation facilities may be closed for emergencies, repairs, maintenance or for scheduled events.
No alcoholic beverages will be sold, possessed, served or consumed in or near Park facilities except Residents may bring or consume alcoholic beverages at events sponsored by the Homeowner’s Association in Beall Auditorium, provided the presence and consumption of such beverages is approved in advance by the Board and such beverages are not sold inside the Park.
Minimum clothing for men and women are normal street clothes. This includes shirts of some type for men. No bathing attire will be permitted in any of the recreation facility areas except for the swimming pool.
Regarding shuffleboard courts, please be a good sport and limit your play if others are waiting. This does not apply to league participation. Shuffleboard courts are normally available for Resident use from 7:00 a.m. to 10:00 p.m.. Please keep the noise down in the early and late hours out of consideration for nearby Residents.
The Fitness Center is normally available for Resident use from 8:00 a.m. to 10:00 p.m.. The Swimming Pool is normally available for Resident use from 9:00 a.m. to 10:00 pm..
1. GUESTS:

Guests staying in the Park overnight must register at the Park office for a Visitor’s Vehicle Pass to be displayed in their vehicle. A pass deposit of $5.00 will be refunded upon return of the pass.
1. Guests may not bring recreational vehicles into the Park.
2. Guests are permitted to stay not more than fifteen (15) consecutive days or thirty (30) total days per year.
Any guests staying more than thirty (30) days within a calendar year can do so only at the discretion of Management or the Board of Directors. The Tenant must pay $50.00 per month additional rent for each guest staying thirty (30) days or more. The Shareholder will be subject to all rights and remedies permitted under Chapter 719, Florida Statutes.
All recreational amenities of the Park are available to all guests, provided they are accompanied by their Park Resident host.
The Resident is responsible for acquainting guests with rules and regulations of the Park and is responsible for their guest’s conduct.
Children under 18 years of age must be accompanied by a Resident when leaving the Unit where they are visiting and in the recreation areas.
Children under 18 years of age must stay off the shuffleboard courts, out of the swimming pool and out of any Park-owned building unless accompanied by a Resident. No one under the age of 18 is permitted use of the fitness center.
No guests are permitted in the creek or on the creek bank. (This is due to insurance regulations.)
Enforcement:

Designated “Guest Parking Area” should be established in Area 1, Area 2, Area 4 and Area 5 are well labeled (designated) as such.
An appropriate “Guest Parking” rear-view mirror tag or real view sign should be selected and a supply purchased to be made available from the office. These tags or signs should carry a number ID as well as the Park logo.
Park Security will police all parked vehicles within the Park for proper permits – Visitor Permit or Resident park Logo. Vehicles parked without same will be first issued a warning. A second offense will be grounds for the vehicle to be towed by a company employed by Management to a storage location maintained by the towing company, and the charges for towing and storage shall be borne by the vehicle owner.
1. PETS:
  1. No resident or guest shall bring or keep any pet of any kind in the Park.
  2. Feeding of stray and/or wild animals is prohibited. Any Resident caught feeding stray and/or wild animals will be fined $25.00 per incident and will be subject to the provisions of §723.061, Florida Statutes. In addition, a Shareholder shall be subject to all rights and remedies permitted under Chapter 719, Florida Statutes, and a Tenant will be served with a Notice of Rule Violation. In addition to a violation of these Rules and Regulations, feeding of stray and/or wild animals is a violation of local ordinances. Prior to levying a fine, the person must be given an opportunity for a hearing before a committee of other unit owners and if the committee does not agree with the fine, it may not be levied.

SERVICE ANIMALS:
1. The Corporation recognizes that the American with Disabilities Act (“ADA”) requires that a public accommodation modify its policies, practices or procedures to permit the use of service animals (“Service Animals”) by an individual with a disability.
2. To qualify to have a Service Animal, a Resident must substantiate to Management or the Board of Directors that they meet the ADA’s definition of “disabled” as set forth in 42 U.S.C. §12102. The ADA defines the term “disability”, with respect to an individual, to mean:
  1. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
  2. A record of such an impairment; or
  3. Being regarded as having such an impairment.
    1. Florida and Federal regulations prohibit mere pets from being classified as “Service Animals”. According to §413.08(1), Florida Statutes, a “Service Animal” is defined as an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.
    2. Federal regulations provide in relevant part, “Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”
    3. To quality to have a Service Animal, a Resident must substantiate to Management that their “Service Animal” has been trained to perform a function that assists or accommodates the Residents sensory, mental, or physical disability, and must register the Service Animal with Management.
    4. All Service Animals must comply with the following Rules and Regulations:
      1. Service animals must be housed inside Resident’s home; they may not run loose in the Park nor be housed in an outdoor enclosure.
      2. Owners of Service Animals must comply with all applicable state, county and local laws.
      3. Residents shall at all times be responsible for any and all damages caused by Resident’s Service Animal to property of the Park or another Resident in the Park, and for any and all injuries caused by Resident’s Service Animal.
      4. The Service Animal will not unreasonably disturb other Residents.
      5. The Service Animal’s owner must pick up all of the Service Animal’s waste.
VEHICLES AND TRAFFIC:

REFUSE:
1. Garbage cans are located at the rear corner of each Unit. All garbage must be wrapped or placed in bags. All good waste and non-recyclable products are considered garbage (yard trash is NOT GARBAGE). Garbage will be picked up twice each week. There is presently no charge for this service.
2. Yard trash will be picked up from your front curb once per week and shall be limited to grass, shrubbery, leaves and tree trimmings. (Shrubbery and tree trimmings should be tied in bundles not over 2 feet in length.)
3. Every Resident is entitled to a recycle bin from the City of Bradenton. Recycle bins must be placed at Unit front curb on the morning of the weekly pickup. There is presently no charge for this service; however, should the City impose a charge in the future, such charge will be passed on to the Resident. Recycle bins shall be removed from the curb as soon as possible after pickup, but in no event later than 6:00 p.m. on the day of pickup.

MAIL:
1. Mail is delivered to your Home by postal authorities.
SELLING AND SOLICITING:
1. Commercial selling, soliciting, peddling or commercial enterprise within the Park is not permitted except for (a) the sale by a Resident of his or her Home and (b) a one-time solicitation of new Residents after they move into the Park by the cable television company which supplies this service to the Park. Notwithstanding the foregoing, nothing herein prevents or infringes upon the right of a Resident from canvassing Residents for the purposes described in Chapters 719 and 723, Florida Statutes.
2. “For Sale” signs shall be limited to one (1) attractive “For Sale” sign, not more than 22” x 16”, which shall be placed in or on the Home. “For Sale” signs are limited to the Home only. No signs are permitted in the yard. No “Open House” signs for the purpose of Home sales will be permitted, either by Residents or anyone representing Residents.
3. Residents selling their Homes cannot guarantee a prospective buyer a Unit in the Park. All prospective Tenants or Shareholders must be pre-approved by Management.
4. Corporation’s Right of First Refusal and Option:
  1. Right of First Refusal. Bradenton Tropical Palms, Inc., shall have a right of first refusal to purchase Resident’s Home, free and clear of all liens and encumbrances, upon the terms and conditions set forth in a bona fide, good faith written contract between Resident and an approved independent third party able to purchase the Home. Resident shall provide Management a copy of said contract within fourteen (14) days of its execution, and the Board of Directors shall have thirty (30) days from receipt of the contract to exercise this right of first refusal. If the Board does not exercise this right of first refusal, and Resident does not close on the sale of the Home upon the terms of the said contract, this right of first refusal shall reapply and continue in existence.
  2. Option:
    1. In addition, upon Resident’s death (if more than one (1) Resident, the last Resident’s death) or upon placement of the Home for sale by the Resident, Bradenton Tropical Palms, Inc., shall have an option to purchase Resident’s Home, free and clear of all liens and encumbrances. Such an option may be exercised by the Corporation at any time within thirty (30) days of the death of Resident or the date the Board receives notice or becomes aware that the Home has been placed for sale, as applicable. Resident or Resident’s personal representative or successor in ownership shall, in writing, notify the Board of Resident’s death or the placement of the Home for sale within fourteen (14) days of the applicable event. Such option shall be exercised by the Board delivery to Resident written notice of exercise within the option period. The closing of the sale and purchase of the Home shall occur within sixty (60) days of Resident’s receipt of the Board’s notice of exercise. The purchase price shall be the amount determined in the paragraph that immediately follows. Seller shall pay all transfer costs associated with this sale. This option shall not terminate until Resident’s Lease or Rental Agreement and all renewals and extensions thereof have terminated.
    2. The purchase price for the Home shall be the fair market value of the Home as determined by agreement between the Board of Directors and Resident. If the Board and Resident cannot agree upon the fair market value of the Home within fifteen (15) days of Resident’s receipt of the Board’s notice of exercise, each shall select an appraiser, whose expenses and fees shall be the responsibility of the party who retains such appraiser. Within fifteen (15) days, the two appraisers so selected shall evaluate the Home, and if both appraisers agree on the fair market value of the Home, their opinions shall be submitted in writing and shall be conclusive and binding on the Board and the Resident. If the two appraisers disagree on the fair market value of the Home, they shall immediately appoint a third appraiser mutually acceptable to them, whose expenses and fees shall be divided equally between the parties. The third appraiser shall be given written opinions as to the fair market value of the Home by each of the first two appraisers and within fifteen (15) days of his/her selection, such third appraiser shall select one of the two submitted fair market values as is closest to his/her opinion of the actual fair market value. The third appraiser’s choice of fair market value shall then be submitted to the Board and the Resident in writing and shall be deemed conclusive and binding as the fair market value of the Home. The third appraiser must select the valuation of one of the two first appraisers, and he/she may not compromise between the two or select a higher or lower fair market value. All appraisers must be engaged in or have one or more years experience in the sale, brokering or appraisal of mobile homes within Florida.
    3. If the Board of Directors does not exercise this option, and Resident or Resident’s next of kin does not sell the Home within 150 days after death or placement for sale, this option shall reapply and continue in existence.

If the Resident signs a contract as described in Paragraph 4(a) prior to the Board exercising the option described in paragraph 4(b), the Board shall be able to exercise its right of first refusal under Paragraph 4(a).
The purchaser of a Home and/or Unit in the Park must be approved in writing as set forth above prior to moving in to the Park.
1. Leases may be assigned only upon Management’s prior written approval, which approval shall not be unreasonable withheld.
2. All prospective Residents must provide Management with a copy of the certificate of title and registration for their Homes prior to entering into a Lease or Rental Agreement with Management. Management may require that Rental Agreements to prospective Tenants and Shareholders purchasing their home and share in the Corporation through a legitimate installment sales contract also be executed by the owner of the Home listed on its certificate of title.
3. No Resident shall use any part of the Park or his address for purposes of the negotiation, advertisement or sale of merchandise.
4. Notify Management immediately if any solicitors bother you.
  1. SUBLETTING:

Tenants may not sublet their Home under any circumstances whatsoever.
Shareholders shall not allow any other person or persons to occupy, use, rent, sublet, lease or sublease the Home, or any portion thereof, or any portion of the Unit, for fee or gratis, without the prior express written consent and approval of Management. Approval of the Management shall be required prior to Management issuing consent for such person or persons (“sublessee”), and each such sublessee must complete an application form and be approved by Management or the Board in the same manner as any new Resident applying for residency in the Park.
Shareholder shall be responsible for payment of the application fee to Management.
These Rules and Regulations shall apply to all sublessees; however, the Shareholder who owns the Home which is being sublet shall be solely responsible for all actions of the sublessee. In accordance with the procedures set forth in §719.303(3), Florida Statutes, failure of sublessee to abide by these Rules and Regulations shall result in a fine to the Shareholder in the amount of $100.00 for each violation, and the Corporation shall have all rights and remedies against Shareholder as permitted in the Declaration of Master Form Proprietary Lease and under Chapters 719 and 723, Florida Statutes, as applicable. Prior to levying a fine, the person must be given an opportunity for a hearing before a committee of other unit owners and if the committee does not agree with the fine, it may not be levied.
Shareholders must own and live in Bradenton Tropical Palms for not less than two (2) years prior to subleasing their Home or any other home which they own in the Park.
Shareholders must use the Sublease Agreement form approved by the Board of Directors.
Shareholders may not sublease their Home to any sublessee with pets. Failure to comply with this Rule shall subject Shareholder to a fine in the amount of $100.00, as well as all rights and remedies permitted in the Declaration of Master Form Proprietary Lease and under Chapters 719 and 723, Florida Statutes, as applicable. Prior to levying a fine, the person must be given an opportunity for a hearing before a committee of other unit owners and if the committee does not agree with the fine, it may not be levied.
Failure of a Shareholder to obtain approval of their sublessee as required herein and to use the form of Sublease Agreement provided by the Board shall be a violation of these Rules and Regulations and shall subject the shareholder to all rights and remedies permitted in the Declaration of Master Form Proprietary Lease and under Chapters 719 and 723, Florida Statutes, as applicable.
Any Tenant who subleases their Home shall be in violation of these Rules and Regulations and subject to eviction pursuant to Chapter 723, Florida Statutes.
1. RESPONSIBILITIES:

The Corporation shall not be responsible for loss or damage caused by accident, fire, theft or act of God to any Home or personal property left by the Resident or their guests within the Park boundaries. The Corporation will not be responsible for supplies or equipment sent to the Recreation Hall for private use by any Resident.
The Corporation shall not be liable for accident or injury to any person or property through the Resident’s use of recreational facilities. Residents and their guests shall avail themselves of these facilities at their own risk and assume liability for such physical damage or personal injury caused by such case.
Residents are responsible for damages caused by their family or their guests.
All Residents must register at the office upon entering or leaving the Park for the extent of one week or more.
Be considerate of your neighbor’s privacy. If any strange person is observed moving around between Homes, please report it promptly to Security. Residents shall not shout, argue or play radio, television, stereo or musical instrument in such a manner as to annoy any other Resident in the Park (especially after 10:00 p.m. and before 8:00 a.m.). Security is empowered to detain and have intruders arrested by local police for trespass. Tenants will be given a notice of rule violation. Our Park is to be a quiet place to live.
Neighborhood disputes are not the concern of the Management unless the community is involved. Personality conflicts are not under the purview of the Management. Please respect your neighbor.
Drunkenness and immoral conduct shall not be tolerated, shall constitute a violation of these Rules and Regulations, and the Corporation shall have all rights and remedies permitted in the Declaration of Master Form Proprietary Lease and under Chapters 719 and 723, Florida Statutes, as applicable.
Report vandalism of private or Park property to the Management promptly and to the police.
Rule infractions will be brought to Resident’s attention as part of Management service.
To contact the Park Manager or the Board of Directors, use the following address: Bradenton Tropical Palms, Inc., 2310 – 14th Street West, Bradenton, Florida 34205. Complaints must be in writing and signed.

COMPLIANCE AND DEFAULT:

The Corporation reserves the right to pursue all remedies permitted under Chapter 719, Florida Statutes, and the Declaration against any Shareholder for disregard of Park rules and regulations; and further reserves the right to terminate the tenancy of any Tenant for disregard of Park rules and regulations and in accordance with Chapter 723, Florida Statutes.
The Corporation reserves the right to pursue all remedies permitted under Chapter 719, Florida Statutes, and the Declaration against any Shareholder, or terminate the tenancy of any Tenant in accordance with Chapter 723, Florida Statues, upon conviction of said Shareholder or Tenant of a violation of a federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents of the Park.
The Corporation reserves the right to pursue all remedies permitted under Chapter 719, Florida Statutes, and the Declaration against any Shareholder, or terminate the tenancy of any Tenant in accordance with Chapter 723, Florida Statues, upon determination by the Corporation that the Shareholder or Tenant misstated any information on any application or entry forms required by the Corporation prior to admittance as a Tenant of the Park or a Shareholder of the Corporation.
1. MOVING:

Resident shall provide the Management thirty (30) days’ notice in writing prior to moving (otherwise an additional month’s rent or maintenance fee will be charged).
Manager will supervise the removal of the Home from the Park.
1. LOT RENTS AND MAINTENANCE FEES:

Tenant monthly rents and Shareholder monthly maintenance fees are due and payable in advance on the first (1st) day of each month. A late charge of 1% of tenant’s base rent (or $2.00 per day for Shareholder) per day from the first (1st) day of each month will be charged for payments received after the 7th working or business day of the month.
Management may charge Resident, to the extent permitted by law, a charge for each returned check equal to the greater of or triple the amount of the check, plus any court costs and reasonable attorney fees incurred in collecting the amount due pursuant to §68.065(1), Florida Statutes.
Occupancy of all Units is based on not more than two (2) occupants per Home. There is an additional charge to Tenant of $50.00 per month for each and every person over two occupying a Home, except in the case of guests which are covered in Regulation VII. In accordance with the procedures set forth in §719.303(3), Florida Statues, the Shareholder will be subject to a fine in the amount of $100.00 per month for each and every person over two occupying the Home, except in the case of guests which are covered in Regulation VII, together with all rights and remedies permitted under Chapter 719, Florida Statutes. Prior to levying a fine, the person must be given an opportunity for a hearing before a committee of other unit owners and if the committee does not agree with the fine, it may not be levied.
Residents leaving for an extended absence (more than one month) must make arrangements for timely payments of the lot rental amount or maintenance fee with Management. Advance rent or maintenance fee may be submitted, provided that in the event of lot rent or maintenance fee adjustment during the prepaid period, Management shall be paid such increase.
1. FIRE, EMERGENCY AND SAFETY:

In the event you have called for fire, police or ambulance assistance, notify Management immediately thereafter at phone numbers listed in the Beacon or the Park Directory.
1. COMPLIANCE AND DEFAULT:

The Corporation reserves the right to pursue all remedies permitted under Chapter 719, Florida Statutes, and the Declaration against any Shareholder, or terminate the tenancy of any Tenant in accordance with Chapter 723, Florida Statutes, upon determination by the Corporation that the Shareholder or Tenant misstated any information on any application or entry forms required by the Corporation prior to admittance as a Tenant of the Park or a Shareholder of the Corporation.
In the event of a violation (other than non-payment of an assessment) by a Shareholder of any of the provisions of these Rules and Regulations, the Bylaws, the Master Form Proprietary Lease or the law, the Corporation, by direction of its Directors, shall notify the offender of said breach by written notice, transmitted to the Shareholder at this Unit by certified mail. If such violation shall continue for a period of thirty (30) days from the date of mailing of the notice, the Corporation, shall have the right to treat such violation as an intentional material breach of the Rules and Regulations, the Bylaws, the Master Form Proprietary Lease or the law, and the Park shall, in addition to remedies provided in the Proprietary Lease, at its option, have the following elections:
1. To commence an action in equity to enforce performance on the part of the Shareholder; or
2. To commence an action at law to recover its damages; or
3. To commence an action in equity for such equitable relief as may be necessary under the circumstances, including injunctive relief.

Upon a finding by a court that the Shareholder was in violation of any of the above-mentioned documents, the Shareholder shall reimburse the Corporation for its reasonable attorney’s fees incurred in bringing such action.
The Board of Directors may evict a Tenant or a Home for one or more of the following reasons:
1. Non-payment of lot rental amount;
2. Conviction of a violation of a federal or state law or local ordinance which violation may be deemed detrimental to the health, safety or welfare of the other residents of the Park;
3. Violation of a Park Rule or Regulation, the Rental Agreement or Chapter 723, Florida Statutes as prescribed by Section §723.061, Florida Statutes;
4. A change in the use of land comprising the Park or portion thereof;
5. Failure of the purchaser of a Home situated in the Park to be qualified and obtain approval to become a resident, such approval being required by these Rules and Regulations.

The Corporation reserves the right to refuse admittance into the Park to any person or persons, automobiles, trucks or mobile homes; refuse to accept further rent, decline to allow any Unit to be occupied; require any Tenant to vacate with improper conduct or failure to pay promptly, violating rules and regulations or laws for any conduct that may be detrimental to other Residents.
1. MISCELLANEOUS:

If any provision of these Rules and Regulations be contrary to any law of any jurisdiction in with the Park is located, it shall not apply or be enforced. However, the other provisions of these Rules and Regulations shall not be affected and shall continue in full force and effect.
The Rules and Regulations as presented herein are adopted by the Board of Directors of the Corporation and supersede and replace all Rules and Regulations previously in effect.

NOTE: The statements contained herein are only summary in nature. A prospective purchaser should refer to all references, exhibits hereto, the sales contract and the condominium documents

Action Association Management

Bradenton Tropical Palms, Inc.

Rules and Regulations - Effective Date: August 15, 2008

GENERAL HEADING:

DEFINITIONS:

ACCEPTANCE:

THE MANUFACTURED HOME:

THE UNIT AND HOME SITE:

RECREATION FACILITIES:

GUESTS:

PETS:

SERVICE ANIMALS:

VEHICLES AND TRAFFIC:

REFUSE:

MAIL:

SELLING AND SOLICITING:

SUBLETTING:

FIRE, EMERGENCY AND SAFETY:

COMPLIANCE AND DEFAULT:

MISCELLANEOUS: