LANSBROOK MASTER ASSOCIATION,
INC.
RULES AND
REGULATIONS
LANSBROOK LAKEFRONT
PARK
Preamble
The Lansbrook Lakefront Park is dedicated to the use
and enjoyment of the members of the Lansbrook Master Association, Inc. Rules
governing the use and enjoyment of this facility are for the safety, enjoyment
and well being of the Park users, and are based on common sense and fairness to
all members, and legal and governmental limitations and restrictions imposed on
the facility as part of the development approval process. These rules and
regulations are not intended to provide for every possible contingency and,
therefore, may be revised, amended or waived, as determined by the Board of
Directors of the Lansbrook Master Association, Inc. Suggestions regarding
changes should be submitted in writing to the Board of Directors, Lansbrook
Master Association, Inc., Palm Harbor, Florida 34685.
Definitions
Association: Association
(LMA) shall mean the Lansbrook Master Association, Inc., its successors and
assigns.
Boat: Boat shall
mean inboard or outboard watercraft and manual or naturally powered crafts to
include jet skis.
Developer: Developer
shall mean Lansbrook Development Corporation, its successors and assigns.
Guests: Guest is
any person temporarily residing with a member. Local Guest is any guest not
currently residing with a member.
Lansbrook Lakefront Park or
Park: Lansbrook Lakefront Park or Park shall mean
the 13.5 acre park facility owned by Lansbrook Master Association, Inc. at 3600
Lakefront Drive, Palm Harbor, Florida 34685 (as more particularly described in
the legal description attached as exhibit A) together with any and all
submerged land within Lake Tarpon which may be leased by the Association from
the State of Florida for boat dock and boat launching facility purposes
associated with the Park.
Member: Member shall
mean every person holding membership in the LMA pursuant to the Declaration of
Covenants, Conditions, Restrictions and Easements for Lansbrook Master
Association, Inc. Members may transfer membership rights associated with usage
of the park and its facilities to tenants of their property, subject however to
the provision that the member waives its usage rights during the period of such
transfer.
Lansbrook Lakefront Park or
Park: Lansbrook Lakefront Park or Park shall mean
the 13.5 acre park facility owned by Lansbrook Master Association, Inc. at 3600
Lakefront Drive, Palm Harbor, Florida 34685 (as more particularly described in
the legal description attached as exhibit A) together with any and all
submerged land within Lake Tarpon which may be leased by the Association from
the State of Florida for boat dock and boat launching facility purposes
associated with the Park.
Member: Member shall
mean every person holding membership in the LMA pursuant to the Declaration of
Covenants, Conditions, Restrictions and Easements for Lansbrook Master
Association, Inc. Members may transfer membership rights associated with usage
of the park and its facilities to tenants of their property, subject however to
the provision that the member waives its usage rights during the period of such
transfer.
General
Rules and Regulations
- Lansbrook Lakefront Park is
owned and managed by LMA for the exclusive use and benefit of its members
and their guests. All others shall be deemed to be trespassing. Local
guests (as defined previously) must be accompanied at all times by a
member when utilizing the Park and its facilities. Members are permitted
to have no more than 25 local guests per member in attendance. If members
will have more than 25 local guests, then park
use must be approved by the management company/Board of Directors and a
fee assessed.
- Members
are responsible for observing all rules and regulations and informing
their guests and tenants of same. Members are responsible for damage
caused by their guests. All members and their guests and tenants must
carry appropriate identification with them at all times when they are
using the Park facility and be required to present such identification
upon the request of other members, the Association, its agents or its
employees.
- All
persons shall conduct themselves in a decorous manner when utilizing the
Park and its facilities. Loud, boisterous conduct, excessive consumption
of alcohol, use of drugs, littering and vandalism are prohibited in the
Park. Offenders will be asked to leave and/or be reported to the Pinellas
County Sheriffs Department in addition to other action, which may be taken
by the association.
- Members
observing rule and regulation infractions should courteously inform
violators of the rule or regulation being abused. Persistent violators
should be reported to the Association's property manager, Monday through
Friday, except holidays, between 9:00 a.m. and 4:00 p.m.
- Any
member of the Board of Directors, officers and employees of LMA are
authorized to expel violators of the rules and regulations for the day.
Upon being so expelled, individuals must immediately remove themselves
from the Park premises. The Board of Directors or committee thereof must
approve suspensions of longer duration and other disciplinary actions, in
accordance with the provisions of the Declaration.
- Misuse
and/or damage to the Park or its facilities shall potentially result in
one or all of the following actions being taken:
- Suspension
of membership and use privileges.
- Payment
being assessed for cost of repair or replacement.
- Criminal
prosecution.
- Association
property may not be loaned, rented or taken from the park premises for any
reason without specific written permission from the Board of Directors.
- No
member or guest shall reprimand or be offensive to any employee or
contractor or subcontractor of LMA. Complaints shall be submitted in
writing to the property manager. The member must sign complaints.
- Use of
the Park Property and Facilities is at the user's own risk at all times. The
LMA does not assume any liability for accidents to persons, or loss of, or
damage to, personal property.
- It is
the user's responsibility to keep the park grounds clean and uncluttered
and not commit any act, which could harm or endanger him or others, for
the protection, safety and enjoyment of the facilities by all users. The
member or guest shall dispose of trash in trash containers provided on the
park grounds or, if the provided containers are absent or full, removed
from the park. No trash or other materials shall be deposited or allowed
to remain at any park or in any pond within the park or in Lake Tarpon unless deposited in the
appropriate trash receptacles.
- Adult
members are totally responsible for the actions of their children and
their guests, and shall be notified of any rule infractions or misbehavior
by their children or guests. Adult members are required to help enforce
any suspensions that are levied against persistent violators of the rules
and regulations.
- The
park is closed daily from 10:00 p.m. to 6:00 a.m. the following day. Any
person in the park during the hours it is closed shall be considered to be
trespassing and subject to legal prosecution and provisions of the
Declaration of Covenants, Conditions, Restrictions and Easements for LMA
regarding rule violations.
- Use of park facilities are on a
"first come first serve" basis except for scheduled events
approved by the LMA. Dates and times of scheduled events can be determined
by calling the property manager.
- A responsible
adult must supervise children under the age of 8 at all times.
- Parking
is limited to those paved and striped areas provided. Driveways shall be
kept open to traffic. Vehicles in violation of this rule may be issued
summonses and/or towed away at the owner's expense. Vehicles with boat
trailers are restricted from parking except in spaces designated for the
same.
- Motorized
vehicles are restricted to the paved roadway system within the park. No
motorized vehicles are permitted on the lawn areas or pathway system,
except those used for the maintenance and upkeep of the facility. Pathways
within the park are for pedestrian and bicycle use only. The speed limit
within the park is 15 M.P.H.
- Ponds
within the park are planted with environmental plantings for storm water
treatment purposes. Plants shall not be removed or damaged, and no
swimming or wading within the ponds shall be permitted.
- Picnickers
are responsible for keeping their areas clean and depositing their trash
in the park trash containers. Grills should be cleaned of burnt charcoal
and left in a clean and presentable condition for the next user. Hot
charcoal must not be disposed of in the park trash containers. (See
paragraph 10 above).
- Pets
must be on leashes and under the control of their owners when in the park.
Owners are responsible for cleaning up after their pets. No animals, other
than dogs or cats on leashes, are permitted in the park. Native animals
and birds within the park shall not be removed, banned or harassed.
- Playground
equipment is available for use during the hours of operation. Most of the
playground equipment is designed for young users and adult supervision is
required for their use of these facilities. Members and their guests,
regardless of their age, are expected to conduct themselves in a manner
that will not discourage or intimidate young children from using the
playground facilities. Persistent disregard of this request may result in
suspension of membership privileges and other action.
- No
area of the park is designated as a beach or swimming area and entry by
any person into Lake
Tarpon from the park
is solely at the person's own risk.
- Areas
of the park, which have been left in their natural condition, are intended
for very passive uses only and are not to be utilized for any purpose,
which would be detrimental to their natural function and character.
- Skateboards
are not permitted in the park.
- Additional
rules and regulations to those stated herein, which are posted on the Park
property, shall have the same force and effect as if stated herein.
Dock and Boat Use Rules and
Regulations
- Only
pleasure boats, in good condition, and under their own power, and only so
long as such boats do not have a beam in excess of 9 feet or a length in
excess of 30 feet, shall be admitted to the boat
slips located at the park. All vessels must be registered or titled as
required by Chapter 327 and 328, Florida Statutes. A copy of the vessel
registration or title shall be submitted to the LMA upon request.
- Boat
slips are for day use only by the terms of their construction and
submerged land lease approval conditions. No boats shall be left at the
docking facility overnight. Boats left overnight shall be removed by the
LMA at the owner's expense.
- No
boat, which is physically or environmentally unsafe or is utilized in an
unsafe or reckless manner, shall be allowed to utilize the docking
facility. The Rules of the Road, Navigation Laws of the United States and
any special navigational regulations applicable to Lake Tarpon shall apply
to all vessels in or approaching the dock facility.
- Boats
may not be refueled at the dock facility and power boats must have a fully
operational, U.S. Coast Guard approved, fire extinguisher on board at all
times. Fuel, oil, spirits, inflammable liquids or oily bilge water shall
not be discharged into Lake
Tarpon or within the
park property.
- No
boats shall be docked or otherwise tied up to the dock facility except
within the 25 mooring slips. Boats are prohibited within the area between
the dock facility and the shoreline. The boarding platform adjacent to the
launching ramp shall only be used for loading and unloading boats and not
mooring.
- Boats
shall be operated along the park shoreline and in the area of the docks in
a manner, which does not disturb or harm vegetation. Boats shall not be
brought into shore or to the picnic platform areas where shoreline aquatic
vegetation exists. No activity shall be conducted which would cause harm
to wildlife.
- Boats
shall not be launched into Lake
Tarpon except at locations
specifically designated for boat launching.
- Refuse
shall not be thrown overboard or deposited on the dock facility.
- Charcoal
fires or open flames of any type will not be permitted on the dock
facility or in boats docked at the facility.
- There shall
be no swimming near, or diving from, the dock facility or boats docked at
the dock facility. Fishing is permitted from the dock facility as long as
the activity does not conflict with pedestrian access or boating
activities. Fish will not be cleaned on the dock.
- No
repairs of boats or equipment shall be permitted at the dock facility. No
portable, floating or permanent dry-docks, davits, in water boat lifts or
similar devices will be permitted in the boat slips at any time.
- No
supplies, materials, accessories, equipment or debris shall be stored or
left on the dock facilities.
- The
LMA shall not be liable for the care or protection of any boat (including
its gear, equipment or contents) or for any loss or damage of whatever
kind or nature to the boat, its contents, gear or equipment whether due to
the sole negligence of the LMA or otherwise. By use of the dock
facilities, each boat owner agrees to indemnify and hold the LMA harmless
against any loss, cost, suit or claim arising out of his or her use of the
boat slips, launching ramp and dock facilities at the park or any handling
of the boat in connection therewith.
- Laundry
shall not be hung on boats or the dock facility.
- No
permanent or temporary structure of any kind shall be erected in the dock facility
area.
- Advertising
or soliciting shall not be permitted on or from any boat moored at the
dock facility, nor shall any boat be used for business or commercial
purposes. No signs will be displayed on boats moored at the dock facility.
- Violation
of rules and regulations, disorder, depredations, or indecorous conduct by
a boat owner, its crew or guests, that might injure a person, cause damage
to property or harm the reputation of Lansbrook or the park and docking
facilities located therein, shall be cause for immediate removal of the
boat in question, in addition to other action which might be taken by the
LMA.
- Noise
shall be kept to a minimum at all times when using the dock facilities.
Boat slip users shall use discretion in operating engines, generators,
radios, and television sets, so not to create a nuisance or disturbance.
The use of power tools (drills, buffers, sanders, etc.) on boats is
prohibited at the dock facility.
- Vehicles
and boat trailers shall be removed from designated boat launching areas as
soon as launching is completed, and parked in parking spaces designated
for trailer parking until boats are secure to the docking facility, out of
the way of other boats being launched. Once boats are so secured to the
docking facility, trailers must be removed from the ramp due to limited
parking facilities available to accommodate vehicles with trailers.
Trailers shall not be removed from vehicles while in the park.
Reservations
- Use of
all or specific areas of the park may be arranged through the property
manager. Approval of such use and a reservation is required from the
association's property manager and a rental charge may be required to be
paid in advance of the date of use. Fees are addressed in the "Fees
and Charges."
- LMA
homeowners associations' authorized functions may utilize the park and
shall take precedence when reservations are being made. Determination of
what constitutes an authorized function shall be solely at the discretion
of the Board of Directors of the LMA. The Board of Directors must approve
ongoing Association functions annually.
- Reservations
for the park for any non-member functions must be submitted at least one
month in advance and approved by the LMA Board.
- Reservations
are on a "first come - first-serve" basis and must be made
through the property manager's office, Monday through Friday, except holidays, between 9:00 a.m. and 4:00 p.m. Reservations
by members must be made at least two (2) weeks prior to the proposed usage
date. A reservation agreement, release from liability and indemnification
agreement, and rental fee payment (if applicable) must be received in the
property manager's office, within five (5) calendar days after making a
reservation. Fees and charges are addressed in the next section of this
publication. The park gate access key will not be issued until the
appropriate fees are paid.
- Persons
making reservations must be at least 21 years of age. Persons making
reservations for persons under this age must be present at the function
and assume total responsibility for the function. Persons who reserve
facilities are responsible for any damage to property and facilities and
misconduct during the rental period.
- The
Board of Directors of the Association reserves the right to:
- Deny
any reservation and/or function, which, in its sole opinion, is not in the best interests of the Association, its
members, or the facility.
- Limit
the number of reservations by one individual or group of individuals if,
in the opinion of the Board of Directors, the reservation privilege is
being abused.
- Limit
the number of people using the Park or any facility therein should safety
or property damage be a factor.
Fees and Charges
- No fee
will be charged for use of the park by a member if less than 25
guests are in attendance. A $25 fee will be charged to members
having more than 25 guests.
- The
rental fee for non-members, regardless of the number of guests,
will be a minimum of $100. The Board reserves the right to decline
reservations or charge higher rental fees or charge no fee for employees
of LMA and subcontractors of LMA.
- A $100
damage/clean up deposit is required in advance when reserving the park by
members or non-members. The Association's property manager shall return
the deposit within three business days of the park use provided no
complaints (relative to the reserved function) were made by a member, LMA
staff or member of the Board of Directors concerning the condition of the
park, and the gate key is returned to the maintenance office. Should all
or a portion of the $100 damage/clean up deposit be withheld by the
Association's property manager an appeal for the recovery of the withheld
amount must be made in writing to the property manager or in person to the
Board within 15 calendar days of the park event.
- LMA
and LMA development homeowners' associations may utilize the park without
being charged a usage fee. The $100 damage/cleanup deposit referenced in
Paragraph 3 above is applicable to these homeowners' association functions.
Conclusion
The Board of Directors recognizes that unique
circumstances may require variance of rules stated herein, specifically since
it is hoped that the Lansbrook
Lakefront Park
will become a vibrant and much used facility as the Lansbrook community grows.
Please direct requests for such variances, or just suggestions for improvement
of the Park facility and its usage, in writing, to: President, Lansbrook Master
Association, Inc. All such requests shall be considered but decisions shall be
deemed final for each specific variance request made. Under no circumstances
shall the grant or denial of a variance be considered as precedent setting,
since each such request shall be judged on its own merits.
Adopted this 7th day of June 2001
by the undersigned, being all of the members of the Board of Directors of
Lansbrook Master Association, Inc.
Steve Althoff
Joe Mixon
Jack Speckman
Doug Gates
Gary Gilchrist
Bill Showalter
Phil Guido