We are fortunate to be living in a community such as La Scala. For many of us, this is our first experience of condominium living and to ensure that there are no misunderstandings, this recap of the La Scala General Rules has been prepared so that you have guidelines to help you optimize the La Scala experience. Please consult the Initial Rules & Regulations in their entirety, in your La Scala Condominium Prospectus.

 

EXHIBIT NO. 5 TO DECLARATION OF CONDOMINIUM

FOR LA SCALA AT THE COLONY, A CONDOMINIUM

 

INITIAL RULES & REGULATIONS

 

A.        GENERAL RULES

 

  1. Passenger automobiles, sport/utility vehicles, mini-trucks, vans, golf carts and motorcycles (used for personal transportation and not commercially) that do not exceed the size of one parking space may be parked in the areas provided for that purpose. Certain Limited Common Element parking spaces are assigned and no Unit Owner or occupant may park more than one (1) vehicle in the assigned spaces unless additional spaces have been assigned to the Unit. Commercial vehicles, trucks, campers, motor homes, trailers, boats and boat trailers are prohibited. Bicycles and mopeds shall be parked only in the bike storage areas or as may otherwise be designated by the Board. Vehicle maintenance, except car-washing in the designated area, if any, is not permitted on the Condominium Property. All vehicles must be currently licensed and no inoperable or unsightly vehicles may be kept on the Condominium Property. Notwithstanding the foregoing, the Developer shall be exempt from this regulation for vehicles which are engaged in any activity relating to construction, maintenance or marketing of Units, as are commercial vehicles used by vendors of the Association while engaged in work at the Condominium.

 

  1. Recreational facilities will be used in such a manner as to respect the rights of others, and the Board may regulate duration of use, hours of opening and closing and schedule their use.

 

  1. No exterior radio, television or data reception antenna or any exterior wiring for any purpose may be installed without the written consent of the Board.

 

  1. To maintain the harmony of the exterior appearance of the building, no one shall make any changes to, place anything upon, affix anything to or exhibit anything from any part of the Condominium Property or Association property visible from the exterior of the Building or from the Common Elements without the prior written consent of the Board. All curtains, shades, drapes and blinds shall be white or off-white in color or lined with material of these colors. Balcony tile and floor covering material and colors must be approved by the Board.

 

  1. All Common Elements inside and outside the Building will be used for their designated purposes only, and nothing belonging to Unit Owners, their family, tenants or guests shall be kept therein or thereon without the approval of the Board, and such areas shall at all times be kept free of obstruction. Owners are financially responsible to the Association for damage to the Common Elements caused by themselves, their tenants, guests and family members.

 

6.   One dog, cats, birds and other quiet and inoffensive appropriate household pets, none of which may be kept or raised for commercial purposes, shall be permitted upon the following conditions:

 

a. No pets shall be permitted in the Common Elements of the building, and pets must be contained in the Owner’s Unit at all times unless entering or exiting the building which shall be conducted only via the service elevators or the service stairs and the lower parking garage, and while proceeding to the area designated by the Board as provided in subsection c.

 

b. A pet being transported while entering and exiting the building shall be under hand-held leash, contained within an enclosed pet carrier or hand-carried at all times.

 

c. Messes made by pets must be removed by Unit Owners or handlers immediately. The Board shall designate the portions of the Condominium Property which shall be used to accommodate the reasonable requirements of Unit Owners who keep pets, as an outdoor area for pet messes.

 

d. Under no circumstances will pit bulls, “wolf hybrids” or other dogs prone to or exhibiting aggressive behavior be permitted on any portion of the Condominium Property.  Pets that are noisy or otherwise unpleasant will not be permitted to remain in the Condominium. In the event that a pet has become a nuisance or unreasonably disturbing in the opinion of the Board, written notice shall be given to the Unit Owner or other person responsible for the pet and the pet must be removed from the Condominium Property within three (3) days. The Board of Directors has the sole discretion to determine whether a pet is a nuisance or is otherwise unreasonably disturbing.

 

e. Guests and tenants are not permitted to have pets.

 

f. Unit Owners who keep pets shall indemnify the Association and hold the Association harmless against any loss, injury or liability of any kind arising from their pet(s).

 

g. All Unit Owners shall register pets (other than fish) with the Association and execute a Pet Policy Statement prior to bringing pets onto the Condominium Property.

 

  1. Disposition of garbage and trash shall be only by use of receptacles approved by the Association or by use of garbage disposal units. Specifically, trash placed in the trash chutes must be disposed of as noted on the instructions of the trash chute. The trash chute equipment provides for the disposal of all general trash. Food and vegetable scraps are to be disposed of in the individual Unit residence garbage disposals. Bulky items must be carried down to the trash room on the lower garage level.

 

  1. All persons occupying Units other than the Unit Owners shall be registered with the Resident Manager or other designate of the Association at or before the time of their occupancy of the Unit. This includes renters and house guests. Units may not be rented for periods of less than thirty (30) consecutive days nor more than three (3) times a year. A copy of these Rules and Regulations must be given to the tenants and guests by the Unit Owner, or the Unit Owner’s agent. No Unit may be permanently occupied by more persons than the number of bedrooms times two, nor may more persons, including guests, occupy a Unit overnight than the number of bedrooms times two, plus two. This regulation may not be amended in a way that would be detrimental to the sales of Units by the Developer so long as the Developer holds Units for sale in the ordinary course of business.

 

  1. The Association shall retain a pass key to the Units, and the Unit Owners shall provide the Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant to its statutory right of access to Units. Duplication of Unit Owners’ keys to Common Element facilities is restricted in the interest of security. Such keys shall be duplicated only with the assistance of the Resident Manager. Changing of locks must be done through the Association.

 

  1. Children shall be under the direct control of a responsible adult. Children under the age of 12 may not use the pool unless accompanied by an adult, nor shall they be permitted to run, play tag or act boisterously on the Condominium Property. Skateboarding, “Big Wheels”, Scooters or loud or obnoxious toys are prohibited. Children may be removed from the Common Elements for misbehavior by or on the instructions of the Board.

 

  1. No person under the age of 16 may use the fitness center unless accompanied by a supervising adult. Exercise equipment in the fitness center must be returned to its proper location after use.

 

  1. Loud and disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing and playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. No vocal or instrumental practice is permitted after 10:00 p.m. or before 9:00 a.m.

 

  1. Use of barbecue grills shall only be allowed in areas designated as safe and appropriate by the Board. Grills shall not be used on balconies.

 

  1. Illegal and immoral practices are prohibited.

 

  1. Lawns, shrubbery or other exterior plantings shall not be altered, moved or added to without prior permission of the Association.

 

  1. No glass of any kind shall be permitted in the pool area. Any liquid refreshments consumed near the pool area shall be in paper or plastic containers.

 

  1. Laundry, bathing apparel, beach and porch accessories shall not be maintained outside of the Units or Limited Common Element balconies and terraces, and such apparel and accessories shall not be exposed to view.

 

  1. No nuisance of any type or kind shall be maintained on the Condominium Property.

 

  1. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the Building or contents thereof or upon any portion of the Condominium Property without the prior written consent of the Board. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Building, or contents thereof, or which would be in violation of any law or building code.

 

  1. Persons moving furniture and other property into and out of Units must notify the Resident Manager in advance and use the designated access door into the Building and the designated service elevator. All such moving must be Mondays through Saturdays between the hours of 8:00 a.m. and 5:00 p.m. Moving vans and trucks used for this purpose shall only remain on the Condominium Property when actually in use.

 

  1. Repair, construction, decorating or re-modeling work shall only be carried on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. and Saturday between the hours of 8:00 a.m. and 12:00 p.m., and the rules for decorators and subcontractors set forth herein must be complied with.

 

  1. These Rules and Regulations shall apply equally to Unit Owners, their families, guests, staff, invitees and lessees.

 

  1. The Board may impose a fine for each violation of these Rules and Regulations or any of the Condominium document, the amount of such fine to be set by the Board in accordance with the provisions of Chapter 718, Florida Statutes.

 

  1. The Condominium and management staff are not permitted to do private work for Unit Owners, their families, tenants or guests while on duty. If both parties are agreeable, staff may assist such persons privately when off duty.

 

  1. Hurricane shutters have been designed and specified by the Developer for all balconies appurtenant to condominium residences. These shutters meet or exceed standards set forth in the Standard Building Code (applicable to Lee County) for buildings in the coastal zone and in excess of 60 feet in height and are the only approved application for hurricane protection. A copy of these specifications are maintained by the Resident Manager. Non-balcony Unit windows are a special architect-approved laminated glass and have been designed and installed to meet or exceed the wind load and windborne debris impact standards of the hurricane shutters. Consequently, such windows in the Units, as built, meet or exceed the requirements of the applicable building code for hurricane protection. For this reason and for the purpose of preserving the aesthetic appearance of the Building, hurricane shutters shall not be installed on on-balcony windows in the Units. If such non-balcony windows in the Units are replaced, they must be replaced with laminated architectural glass equal to or exceeding the specifications of the original glass and which comply with the applicable building code.

 

  1. These Rules and Regulations do not purport to constitute all of the restrictions affecting the Condominium Property. Reference should be made to the Condominium documents and the Master Declaration and the Community Declaration.