Rules & Regulations

Revised April 18, 2022

Preface

In society, professionals are paid to deal with situations which volunteer members of the Board are called upon to handle as part of their daily routines.  Board members are frequently subjected to harassment from homeowners who lose sight of the fact that the members of the Board are fellow owners who volunteer their time and expertise to assure the success of the community for everyone’s benefit. The Board often becomes the focal point for airing individual frustrations associated with community living. Problems are caused by a lack of understanding on the part of condominium owners both as their relationships as owners and as to the Board’s role in community operations. The condominium concept will not work unless all condominium owners understand the following:

  1. They are owners and not tenants.
  2. They are just as responsible for the success or failure of their community as the board.
  3. As co-owners, they must timely contribute their pro-rata share of the cost of maintaining and repairing the community property (including making provisions for adequate reserves) regardless of how high these costs may be.
  4. They must abide by the covenants and restrictions which they agree to at the time they purchased their Unit and any valid amendments thereto.
  5. Their traditional right to use their property as they please must yield to the common good and welfare of the community as a whole, particularly where the abridgement (if any) is based upon reasonable rules promulgated by the Board necessary to promote the health, safety and welfare of the community.

The following rules and regulations govern and control the use, occupancy and enjoyment of all units and common elements of Magdalena Gardens Condominium Association; as well as all property owned by the Association; the rules and regulations being for the mutual welfare and benefit of all the owners of Magdalena Gardens Condominium units. These rules and regulations apply to all persons from time to time, occupying, residing, and visiting units of Magdalena Gardens Condominium.  Your Board of Directors welcomes the assistance of all Unit owners in the enforcement of these rules and regulations. Violations will be called to the attention of the violating owner, tenant, guests, or invites by the Board. Unit owners are responsible for compliance with these rules and regulations by their guests, invitees and tenants.  If you observe violations, report them to the property manager.

NOTE:  Provisions below without a source are the Rules & Regulations enacted by the Board.  Important provisions from the governing documents and law are included to create a more complete picture.  The source of any added provision is outlined in brackets, for example (Declaration X.A).  This document includes all of our rules and regulations, but does not cover all of the provisions found in the governing documents or the law.

Use of Units

Each of the Units shall be occupied only as a single-family residential dwelling.  No Unit may be divided or subdivided into a smaller Unit.  No Unit shall be permanently occupied by more than two (2) persons for each bedroom in the Unit.  In addition, temporary occupants are permitted so long as they do not create an unreasonable source of noise or annoyance to the other occupants of the Condominium, and provided that total Unit occupancy does not exceed (2) persons for each bedroom plus two (2) additional persons including infants.  Temporary occupancy is defined as not more than thirty (30) consecutive days nor more than (90) days in a single calendar year.  Nothing therein shall be construed to prevent a Unit Owner from placing more restrictive requirements as a condition for lease of a Unit. (Declaration X. A.)

Children

Children shall be permitted as permanent occupants of a Unit in the Condominium. (Declaration X.B.)

Pets

No animals, livestock or poultry of any kind shall be permitted within the Condominium Property except for common household domestic pets weighing less than 25 pounds.  As used herein the term “common household pet” includes dogs, cats, fish, and birds only.  The number of dogs and cats residing in a Unit is limited to two (2) total (2 dogs, or 2 cats, or 1 dog and 1 cat).  No exotic species of bird or animal shall be permitted.  When outside a Unit, dogs and cats shall be restrained either on a leash or otherwise.  A pet owner shall be responsible for cleaning up after any pet owned by him or her who soils the Common Elements. (Declaration X. C. as amended)

The Association will comply with all Federal, State, and local laws regarding Service Animals and Emotional Support Animals. It is the Association’s position that the state, county, and city law enforcement and/or animal control are the authority on whether a pet should be deemed a danger and/or nuisance to the member, families, and guests of the Magdalena Gardens Community.  The Association shall defer to state, county, and city law enforcement and/or animal control to determine whether a pet should be removed from the Magdalena Gardens Community and/or destroyed. (Declaration X. C. as amended)

Pets must be under the control of a responsible person.

Pets must be restrained when inside an open garage.

Pets may not be left on the lanai or outside when the resident is not home.

The Unit owners, where an offending pet is kept, shall be responsible for any damage caused by such animals.

The right to keep pets on the premises is conditioned upon those pets not disturbing the peace and quiet of other Unit owners.  Nuisance causing a demand for pet removal may include but shall not be limited to being overly aggressive, barking for extended periods or for not cleaning up pet waste.

Common & Limited Common Elements

The Common Elements and Limited Common Elements shall be used for the furnishing of service and facilities for which they are reasonably intended, for the enjoyment of the Unit Owners, and subject to such rules and regulations as may, in the opinion of the Association, achieve the maximum beneficial use thereof. (Declaration X. D.)

Landscape and maintenance of the courtyard areas:
Owners may prepare a proposal and submit it to the Board for prior approval. This proposal must address the following:
• Only the courtyard garden areas to the immediate left and right of the owners’ front doors are eligible for owner landscaping (current grassy areas beyond this and the front peninsulas are not to be changed).
o Unfortunately this excludes middle units.
• Owners must document (1) consultation with a professional landscaper OR (2) provide printed information from an online landscaping source to ensure that plants or flowers selected are:
o Are low maintenance (minimal pruning / trimming required).
o Have low watering needs.
o Will not grow too tall or outgrow the space.
o Are non-invasive.
o Do not attract undesirable animals. (i.e.; fruit bearing)
o From the approved list of plants, shrubs, and flowers.
• Create a sketch of the proposed garden area for neighbor and Board review.
o Remember all plants must be at least 3 feet from the buildings (by fire code).
• The other owners whose front doors view the courtyard to be landscaped accept the proposal and sign off on it.
• Once the approved plants, shrubs, or flowers are planted, the Association will maintain them.
• Dead plants, shrubs, and flowers will be removed by the Association and may only be replaced by an owner.
• Hoses may not be left outside the unit.
• Irrigation damaged by an owner while planting in the courtyard area will be repaired by the Association and paid for by the owner.

Homeowners shall respect the privacy of other homeowners. No Unit owner, guest or tenant of a Unit owner shall unreasonable interfere with the privacy of another owner, guest or tenant of a Unit owner, by walking or standing in the common area unreasonably close to another’s unit.

Alterations

No Unit Owner shall make, allow or cause to be made, any structural addition or alteration of his Unit or the Common Elements or Limited Common Elements without the prior written consent of the Association, except as otherwise specifically provided for in this Declaration. Alteration of the lanai is permitted with prior written consent allowing an aluminum panel to be installed around the perimeter of the lanai on the same horizontal line as the panel which is on the bottom of the existing lanai screen door. (Declaration X. E as amended.)

Written approval is granted without a request for the following:

  • Doorbells or smart doorbells that are white, grey or tan in color.
  • White, grey or tan garage entry door keypads.
  • Front door keypads.
  • Standard outdoor ceiling fans which are white, black, grey, beige, or brown in color (repair and replacement, including light bulbs, become owner responsibility once the original fixture is removed).

Windows/Doors

Each Unit Owner shall at his own expense maintain and replace when necessary all screening within or in a Unit including the Lanai which is part of the Unit, and all glass in windows and doors in the perimeter walls of a Unit. (Declaration XV. A.)

All glass must be identical to the original, no mirror or bronze tinting is permitted.

Pool/Spa/Cabana

  • No lifeguard is on duty, swim at your own risk.  Parents or guardians must accompany children under 12 and supervise their behavior.
  • Food and beverages in the fenced area or cabana must be in aluminum, plastic or paper and it must be kept at least four feet from the water’s edge (pool/spa wet deck).
  • Persons with weeping or open sores are not permitted in the pool or spa.
  • No persons wearing jeans or cut offs are allowed in the pool or spa.
  • Individuals in diapers must have tight fitting rubber pants over their diapers or wear swim diapers when in the water.
  • No horseplay, diving, jumping, or running and leaping into the pool/spa.  Bicycles, skateboards, and roller blades are not permitted inside the fenced area or cabana.
  • No personal items, towels, toys, etc. shall be left behind or stored in the fenced area or cabana.
  • The picnic table must remain in the cabana.  It is the responsibility of each resident to clean the table after use.
  • Smoking is prohibited inside the fenced area or cabana with exception made for a designated area beside the cabana.
  • Residents wishing to use the cabana for a party should reserve at least one week in advance.  Parties may last up to three (3) hours.  Parties must be limited to 30 people or less regardless of age.  The pool, spa and restrooms must remain available to the community.
  • The Florida Health Department requires the following rules be posted and observed.

Outdoor Grills (BBQs)

Propane, charcoal, wood, and portable electric cooking/heating devices can only be used when 10 feet away from the structure, including the overhang. These devices cannot be stored in a 2nd story lanai. Portable electric tabletop grills with cooking surfaces of 200 square inches or less can be used in the 10 foot range and in the garage or any lanai. There is an exception for certain built-in devices, however written Board approval is required prior to installation. (NFPA 1.10.10.6 & Declaration X. E.)

No more than two 1 pound “camping gas” propane cylinders can be stored in a unit, garage, or lanai. (NFPA 1.69.5.3.5)  Larger tanks are prohibited on the property.

Grills must be used in a way that ensures smoke does not create a nuisance for others and all fuels must be stored in a way deemed safe by fire officials. (Punta Gorda Ordinance Chapter 9C)

Mitigating Water Damage

  • Main water shut-off valves must in the off position whenever a unit is vacant for 48 hours or more.
  • Units vacant for more than two weeks must have a person check the unit at least once every two weeks to ensure there are no roof leaks and/or AC condensate leaks.
  • Condensate safety switches must be tested regularly to ensure they are functional, most important prior to leaving a unit vacant.
  • Waterbeds are prohibited.

Owners not following these rules shall be held responsible for ALL resulting damages to their unit, other unit(s), and/or the common element.

Nuisances

No nuisances shall be allowed upon the Condominium Property or within a Unit, nor any use or practice that is the source of annoyance to occupants or which interferes with the peaceful possession and proper use of the Condominium Property by occupants.  All parts of the Condominium shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist.  No Unit Owner shall permit any use of his Unit or make any use of the Common Elements that will increase the cost of insurance upon the Condominium Property without the prior written approval of the Board of Directors.  (Declaration X. F.)

No Unit Owner, Tenant, Guest or Invitee shall make or permit any disturbing noises within or upon the Condominium Property by himself, his family, servants, employees, agents, guests, or licensees, or permit anything by such persons that will interfere with the rights, comforts, or convenience of another resident of the Condominium.

No radios, televisions, stereos, sound amplifiers, or other equipment shall be played or operated in such a manner that the same disturbs or annoys other occupants of the Condominium Property.

Feeding pets and wildlife on the Common Element is prohibited.

Lawful Use

No immoral, improper, offensive or unlawful use shall be made of the Condominium Property nor any part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. (Declaration X. G.)

Safety

A Unit Owner shall not do anything within his Unit or on the Common Elements which would adversely affect the safety or soundness of the Common Elements or any portion of the Association Property or Condominium Property which is to be maintained by the Association.  No flammable products shall be stored in any Unit or upon the Common Elements or Limited Common Elements. (Declaration X.H.)

Leasing of Units

Entire Units may be leased, provided that no lease shall be for a period of less than three months, subject to the approval of the Association as provided in Article (XI), provided the occupancy is only by the tenant and his or her family, if any, as subletting shall not be allowed.  A lease of any Unit shall not release or discharge the Unit Owner thereof from compliance with any of his obligations and duties as a Unit Owner, and the Unit Owner shall be liable jointly and severally with his tenant for any violation of the Declaration, Articles, Bylaws and rules and regulation.  All of the provision of this Declaration, the Articles and Bylaws pertaining to use and occupancy shall be applicable and enforceable against any person occupying a Unit as a tenant to the same extent as against a Unit Owner, and a covenant upon the part of each such tenant to abide by the terms and provisions of this Declaration, the Article and Bylaws, and designating the Association as the Unit Owner’s agent for the purpose of and with the authority to terminate any such lease agreement in the event of violations by the tenant of any such covenant shall be an essential element of any lease or tenancy agreement, whether oral or written, and whether specifically expressed in such agreement or not.  When a Unit is leased, the tenant shall have all use rights in the Association property and the common elements otherwise available for use by the Unit Owners and the Unit Owner shall not have such rights except as a guess unless such rights are waived in writing by the tenant. (Declaration X.I.)

The Association may require that a prospective Lessee place a security deposit, in an amount not to exceed the equivalent of one month’s rent, into a non-interest bearing escrow account maintained by the Association.  The security deposit shall protect against damage to the common elements or Association property.  Claims against the deposit, refunds and disputes shall be handled as provided in Part II of Chapter 83 of Florida Statues. (Declaration XI.A.)

Lessees require prior written approval from the Association before occupying a unit.

  • A least five (5) working days prior to the desired date of occupancy the Unit owner shall send to the management company a fully completed and executed “Application for Lease/Rental and Occupancy Approval” form.
  • In addition, a background, credit, eviction & income check must be completed by the landlord or the realtor for each occupant who is 18 years of age or older who will reside in the unit and it must be made available to the property manager at the time of submission.

Board Action:  Within those five (5) working days the Board will approve or disapprove the proposed application.  If the Board neither approved nor disapproved within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a written letter of approval.  The five (5) days period commences when ALL required information has been submitted.

Disapproval:  A proposed application may be disapproved for one or more reasons including but not limited to the following:

  • the Unit owner is delinquent in the payment of assessments at the time the application is considered;
  • the Unit owner and/or his rental agent have a history of leasing the Unit without obtaining approval, or leasing to troublesome lessees and/or refusing to control or accept responsibility for the occupancy of the unit;
  • the prospective lessee has been convicted of a felony involving violence to persons or property, a felony involving the sale or possession of a controlled substance, or a felony demonstrating dishonesty or moral turpitude;
  • the prospective lessee has a history of conduct which evidences disregard for the right and property of others or during a previous occupancy and/or has evidenced an attitude of disregard for the Association rules;
  • the prospective lessee evidences a strong probability of financial irresponsibility;
  • the prospective lessee gives false or incomplete information to the Board as part of the application procedure;
  • the owner fails to give proper and timely notice, to the Board, of his intention to lease his unit.

Renewals:  Approval of renewals is not required as the Declaration of Condominium provides for eviction by the Association in the event of evidence of disregard of the Association rules.  However, the Association must be made aware of any changes of substance which have occurred on the form; for example a new occupant over 18 years of age.

Guests

A Unit Owner must notify the Association in advance of the expected period of use of any house guest when occupying the Unit in the Owner’s absence.  The Owner of the Unit shall remain liable for the conduct of his or her guest while using the Condominium facilities.  The Association or its authorized agent shall have the right to refuse the entrance of a house guest when the Association has not received advance notice.
(Declaration X.J as amended.)

Note:  Phone or email the property manager to notify of overnight guests (who, when, pets, and vehicles).

Rules and Regulations

Reasonable rules and regulations concerning the use of the Common Elements and Limited Common Elements may be made and amended from time to time by the Board of Directors; copies of such rules and regulations and amendments thereto shall be furnished by the Association to all Unit Owners and tenants.  Any rule or regulation so adopted may be rescinded, amended or altered pursuant to the Bylaws. (Declaration X.K.)

Exterior Appearance/Displays

No Unit Owner shall decorate or alter any part of his Unit so as to affect the exterior appearance of the Unit without prior written approval of the Board of Directors.  No outside signal receiving or sending antennas, dishes or devices are permitted.  The foregoing shall not prohibit any antenna or signal receiving dish owned by the Association which services the entire Condominium Property.  Nothing shall be hung, displayed or placed on the exterior walls, doors or windows of the Unit visible from the exterior without the prior written consent of the Board of Directors; provided that any Unit Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veteran’s Day, may display in a respectful way portable, removable official flags, not larger than 4 ½ feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corp, or Coast Guard, regardless of any declaration, rules, or requirements dealing with flags and declarations. (Declaration X.L.)

Written approval is granted without a request for the following:

  • A non-holiday wreath on the front entry door anytime.
  • A “holiday wreath” on the front entry door three weeks prior to the holiday, removed no later than one week following the holiday.
  • Interior holiday decorations that are visible from the exterior of the unit (including those visible inside a lanai) three weeks prior to the holiday, removed no later than one week following the holiday.
  • Subtle and un-intrusive lights (like twinkle lights or patio lights) in the Lanai at all times.

Outside Storage of Personal Property

The personal property of any Unit Owner shall be kept inside the Unit, Limited Common element Garage, or Lanai and no personal property may be stored on the exterior of any Unit or on the Common Elements or Limited Common Elements. However, automobiles may be parked on the Limited Common Element parking spaces as provided in Article V(E)(3) and Exhibit “D” to the Declaration. (Declaration X.M. As Amended.)

Vehicles/Boats

Only automobiles, vans, small pick-up trucks, and other vehicles manufactured and used as private passenger vehicles are permitted on the Condominium Property.  Notwithstanding the foregoing, automobiles owned by governmental law enforcement agencies are expressly permitted.  The foregoing restrictions shall not be deemed to prohibit the temporary parking of commercial vehicles while making deliveries to or from, or while used in connection with providing services to the Condominium Property.  All vehicles parked within the Condominium Property must be in good condition and no vehicle which is unlicensed or which cannot operate on its own power shall remain with the Condominium Property for more than 24 hours, and no repair or servicing of any vehicle shall be made on the Condominium Property.  Motorcycles are not permitted except with the prior written consent of the Association, which may be withdrawn at any time, and any permitted motorcycle must be equipped with appropriate noise muffling equipment so that the operation of same does not create an unreasonable annoyance to the occupants of the Condominium Property.  Boats may be kept only completely within a garage. (Declaration X.N.)

The Association has adopted the provisions of the City of Punta Gorda’s Ordinance Chapter 26, Section 3.13 (g) to define what is considered a commercial vehicle.

Vehicles (including small pick-up trucks) are limited to 83 inches wide max (not including mirrors), and cannot extend out beyond the curb.  Those with two vehicles must park one inside the garage and be capable of closing the garage door.

Washing vehicles on the property is prohibited.  Owners will be held responsible for damaged asphalt caused by things like gas & oil leaks or a motorcycle kickstand.

Any non-service vehicles parked on the condominium roadway will be subject to immediate towing at the vehicle owner’s expense. This applies equally to moving, service, or delivery vehicles that block the roadway or a driveway.  If a vehicle is incorrectly parked in your driveway, use guest parking and contact the property manager for removal.

The speed limit on our property is restricted to 11 mph.  The accessible parking spot near the swimming pool is only for temporary use by those authorized to use this type of parking when they are using the pool, spa, or pool cabana.

Guest Parking

Guest parking is primarily for short term use by visitors (7 days or less) with no approval.  Guests staying for longer periods can request written approval from the property manager.

Occupants can use guest parking for 3 hour or less with no approval.  In rare cases, occupants may use guest parking for longer periods by requesting written approval from the property manager.

Guest vehicles permitted to use guest parking for more than 7 days and occupant vehicles permitted to use guest parking for more than 3 hours must display a parking permit.

Air Conditioning Units

Only central air conditioning Units are permitted, and no window, wall or portable air conditioning Units are permitted. (Declaration X.O.)

Garbage and Trash

Garbage, trash, refuse or rubbish that is required to be placed in the front of any Condominium in order to be collected may be placed and kept at the front of the Unit no earlier than 5 PM on the day prior to the scheduled day of collection and any trash facilities must be removed on the collection day.  All garbage, trash, refuse or rubbish must be placed in trash facilities provided by the Association.  All trash facilities shall be stored inside a Unit and kept in a clean and sanitary condition.  No noxious or offensive odors shall be permitted. (Declaration X. P. as amended) 

The Association uses trash containers provided by the city of Punta Gorda (aka trash facilities). Residents must place all trash inside these containers.  Bagged household trash is prohibited outside of these containers as it is accessible to animals.  No pet waste containers may be stored outside of the Unit or garage.  Both trash and recycling are collected on Wednesday.  Only trash is collected on Saturday.

Note: See this guide published by the City of Punta Gorda.

Wells

Wells are prohibited upon the Condominium Property for irrigation, domestic water use or any other purpose unless authorized by the Condominium Association. (Declaration X.Q.)

Declaration of Restrictions

The Condominium Property is subject to the Declaration of Restrictions recorded by the original Developer of Punta Gorda Isles in Official Record Book 866 at Page 433 of the Public Records of Charlotte County, Florida. (Declaration X.R.)

Each Unit Owner, tenant, and other invitee shall comply with this Declaration, the Articles, the Bylaws, the rules and regulations, and the provisions of the Condominium Act, and the provisions thereof shall be deemed expressly incorporated into any lease of a Unit.  The Association shall have the right to evict a tenant or remove any guest or invitee.  Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the Association or by a Unit Owner against:

  1. The Association.
  2. Another Unit Owner.
  3. Directors designated by the Developer, for actions taken by them prior to the time control of the Association is assumed by the Unit Owners other than the Developer.
  4. Any Director who willfully and knowingly fails to comply with these provisions.
  5. Any tenant leasing a Unit, and any other invitee occupying a Unit. (Declaration XXV. A.)

Fines

The fine may not exceed $100 per violation, or $1,000 in the aggregate. (Florida Statute Chapter 718.303(3))

In addition, the Association may levy reasonable fines against a Unit for the failure of the Owner of the Unit, or its occupant, licensee, or invitee, to comply with any provision of the Declaration, the Bylaws, or the rules and regulations of the Association.  No fine will become a lien against the Unit.  No fine may exceed the maximum amount permitted under the Condominium Act; provided, however, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for a hearing, provided that no such fine shall in aggregate exceed the maximum amount permitted under the Condominium Act.  No fine may be levied except after giving reasonable notice and opportunity for a hearing to the Unit Owner, and, if applicable, its licensee or invitee.  These provisions shall not apply to unoccupied Units. (Declaration XXV. D.)