Pebble Creek at Pelican Bay Naples, FL Homes for Sale

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Golf Equity

The owner of each unit may keep one (1) small pet, of a normal domesticated household type (such as a cat or dog) in the unit weighing no more than twenty-five (25) pounds and measuring no more than eighteen (18) inches at shoulder height. Attack dogs such as pit bulls, akitas, Dobermans, and such other types are prohibited. The pet must be carried under the owner’s arm or be leashed at all times while on the condominium property outside of the unit. The ability to keep such a pet is a privilege, not a right, and the Board of Directors is empowered to order and enforce the removal of any pet, which becomes a source of unreasonable annoyance to other residents of the condominium. No pets of any kind are permitted in leased units. No reptiles, monkeys, rodents, amphibians, poultry, swine or livestock may be kept in the condominium. All pets must be registered with the Association under the Registration Procedures determined by the Board of Directors.” In this regard, the Board has adopted the following Rules and Regulations:

A) No creatures other than dogs, cats, or fish in an aquarium, may be kept in a condominium.

B) Pets are not permitted in the gatehouse office, pool area, and clubhouse, or fitness area at any time.

C) Tenants and guests are not permitted to keep pets in a unit or bring pets on the Condominium property at any time.

D) An owner who keeps cat or dog in his/her unit shall register that pet with the Property Manager in the gatehouse and provide evidence that the pet’s rabies and distemper vaccinations are current. Such information shall be updated annually. The owner will be given a tag to affix to the pet’s collar. The pet’s owner shall be liable for all damages or injury to persons or property caused by such pet. The ability to keep pets is a privilege restricted to unit owners and not a right.

E) The pet owner shall immediately remove any animal droppings left by such owner’s pet and dispose of the animal droppings by placing same in the dumpster in a sealed, plastic bag.

In order to foster a stable residential community and prevent a motel-like atmosphere, the leasing of units by their owners shall be restricted as provided in this section. All leases of units must be in writing. A unit owner may lease only his entire unit, and then only in accordance with this section, after receiving the approval of the Association. The lessee must be a natural person.

Declaration 13.1 Procedures

(A) Notice by the Unit Owner. An owner intending to lease his unit shall give to the Board of Directors or its designee written notice of such intention at least twenty (20) days prior to the first day of occupancy under the lease together with the name and address of the proposed lessee, a fully executed copy of the proposed lease, and such other information as the Board may reasonably require. The Board may require a personal interview with any lessee, and his spouse, if any, as a pre-condition to approval.

(B) Board Action. After the required notice and all information or interviews requested have been provided, the Board shall have twenty (20) days in which to approve or disapprove the proposed lease. If the Board neither approves or disapproves within that time, its failure to act shall be deemed the equivalent of approval, and on demand the Board shall issue a letter of approval to the lessee.

(D) Failure to Give Notice or Obtain Approval." If proper notice is not given, the Board at its election may approve or disapprove the lease. Any lease entered into without approval may, at the option of the Board, be treated as nullity, and the Board shall have the power to evict the lessee with five (5) days notice, without securing consent to such eviction from the unit owner.

(E) Applications; Assessments. Applications for authority to lease shall be made to the Board of Directors on such forms and include such terms as the Board may provide from time to time. The legal responsibility for paying condominium assessments may not be delegated to the lessee.

(F) Committee Approval. To facilitate approval of leases during times when many of the members are not in residence, the Board of Directors may by resolution delegate its approval powers to an ad hoc committee.

Declaration 13.2 Term of Lease and Frequency of Leasing

No unit may be leased more than two (2) times in any calendar year, with the minimum lease being ninety (90) days. The first day of occupancy under the lease shall determine in which year the lease occurs. No lease may be for a period of more than one (1) year, and no option for the lessee to extend or renew the lease for any additional period shall be permitted. However, the Board may, in its discretion, approve the same lease from year to year. No subleasing or assignment of lease rights by the lessee is allowed. Which calendar year a lease occurs in shall be determined by the first date of occupancy under the lease.

Declaration 13.4 Occupancy During Lease Term

No one but the lessee, his family members within the first degree of relationship by blood, adoption or marriage, and their spouses and guests may occupy the unit. The total number of occupants of a lease unit is limited to two (2) persons per bedroom.

(A) When a Unit has been leased for a period of one (1) year, guests may occupy the leased Unit when the lessee is in residence. Any family members, spouse or guest of the lessee who occupies or intends to occupy the Unit for more than fourteen (14) consecutive days shall apply to the Board as a lessee and be subject to approval in the same manner as a proposed tenant. If approved, the individual shall be considered a lessee subject to the lease agreement with the original lessee and each separate occupancy shall occur not less than fourteen (14) days prior to the expiration of the previous occupancy, it being the intent of this section to prohibit abuse and circumvention of the Association’s leasing restrictions concerning unapproved occupants and tenants occupying the Unit on a long-term basis. Any unapproved or disapproved guest occupancy shall be limited to a maximum of fourteen (14) consecutive days.

(B) When a Unit has been leased for a period of less than one (1) year, guests may occupy the leased Unit when the lessee is in residence and said any such guest occupying or intending to occupy the Unit for more than fourteen (14) days shall be subject to the same approval requirements referenced above in Section (A); however, the number of occasions per guest for this type of guest occupancy shall be limited to three (3) during the lease term with at least fourteen (14) days occurring between occupancies.

Occupancy in Absence of Lessee

If a lessee under a lease for less than one (1) year absents himself from the unit for any period of time during the lease term, no other individuals shall be permitted to reside in or occupy a unit in the absence of the lessee except for remaining lessees already in residence. If a lessee under an annual lease absents himself from the unit for any period of time during the lease, the following restrictions shall apply:

(A) Any one (1) person who is the parent, child, adult grandchild or sibling of the lessee or of the lessee's spouse, if any, may occupy the unit in the absence of the lessee for a period not to exceed fifteen (15) days. That person's spouse and children, if any, may accompany him. The total number of occasions for occupancy by all guests combined under this paragraph shall be limited to four (4) in any one (1) calendar year, with a maximum aggregate total of sixty (60) days.

(B) House guests not included within 13.5(A) are permitted for only one (1) family occupancy in the lessee's absence and then only with the proviso that the family and its guests consist of no more than four (4) persons. Such guests may stay only one (1) week and the total number of occasions for this type of guest occupancy in any unit shall be limited to two (2) in each calendar year.

Any lessee who wishes to permit his unit to be occupied in his absence shall provide to the Board of Directors, on such forms as may be provided by it from time to time, the name and address of each guest, the relationship of each guest to the lessee, the planned dates of arrival and departure of the guests and such other information concerning the guests as the Board may reasonably require. If the lessee and all of his family members within the first degree of relationship are absent, no other person may occupy the unit.

Declaration 13.6 Use of Common Elements and Association Property

To prevent overtaxing the facilities, a unit owner whose unit is leased may not use the recreation or parking facilities during the lease term, except as the guest of another owner.

Declaration 13.7 Regulations by Association

All of the provisions of the condominium documents and the Rules and Regulations of the Association shall be applicable and enforceable against any person occupying a unit as a lessee or guest to the same extent as against the owner. In addition, the unit owner is liable for all acts of their tenant and tenant’s guests. A covenant on the part of each occupant to abide by the Rules and Regulations of the Association and the provisions of the condominium documents, designating the Association as the owner’s agent with the authority to terminate any lease agreement and evict the tenants in the event of breach of such covenant, shall be deemed to be included in every lease agreement, whether oral or written, and whether specifically expressed in such agreement or not.

Declaration 13.8 Fees and Deposits Related to the Lease of Units

Whenever herein the Board’s approval is required to allow the lease of a unit, the Association may charge the owner a preset fee for processing the application, such fee not to exceed the maximum amount allowed by law. No fee may be charged for approval of a renewal or extension of a lease with the same lessee. The Association may also require any deposits that are authorized by the Condominium Act as amended from time to time.

In regard to the forgoing, the Board has adopted the following Rules and Regulations: An owner must provide the lessee with a copy of these Rules and Regulations, certify to the Property Manager that he has done so, require that the lessee complete a vehicle registration form as part of the lease application providing information about the vehicles he intends to maintain on the property, and remove the owners' vehicles from the property. In the event the owner leaves his vehicles in the garage, thus preventing his lessee from parking in the garage, the Board may have the owner’s vehicles towed and stored at the expense of the owner.