INDEX
GENERAL INFORMATION
A. DEFINITION OF TERMS.
B. GENERAL INFORMATION
RULES & REGULATIONS
SECTION A. GENERAL RULES
SECTION B. SALE, RENT OR USE OF SHAREHOLDER’S DWELLING
SECTION C. SECURITY
SECTION D. MOBILE HOME SET UP REQUIREMENTS
SECTION E. PROPERTY LINE DETERMINATION
SECTION F. MODIFICATIONS TO EXISTING DWELLINGS
SECTION G. OVERALL APPEARANCE OF DWELLING AND SITE
SECTION H. ANTENNAS
SECTION I. PETS
SECTION J. VEHICLES
SECTION K. RECREATION HALL
SECTION L. STORAGE YARD
SECTION M. WINDMILL VILLAGE WATERWAYS, DOCKS, DAVITS AND LIFTS
SECTION N. WINDMILL VILLAGE CORPORATE DOCKS
SECTION O. SPECIAL NOTES
GENERAL INFORMATION
Windmill Village is an over fifty-five (55), not-for-profit community owned by its shareholders. Shareholders do not own the lot upon which their home is situated; they own a proportionate share of the Windmill Village Corporation.
For the purpose of this document, Windmill Village, the Village, the Corporation, the Park
and WMV are interchangeable in use.
Rules and Regulations to govern behavior and the environment within Windmill Village are enacted by the Board of Administration as authorized in Section 4 paragraph C of the Bylaws of Windmill Village.
A. Wherever bold, italicized words are found within this document they will have the following meanings:
1. shareholder: The certificate holder of a proportionate share of the Corporation and identified to a particular lot.
2. resident: Any person residing in a home who is not a guest or a visitor;
3. renter: A resident who pays rent to the shareholder;
4. guest: A person who stays overnight with a resident and who does not pay rent;
5. visitor: A person who is none of the above.
B.1. The Corporate Office will be open from 8:00 A.M. to 4:30 P.M. Monday through Friday except May thru September then they are 9:00AM to 4:00PM. There are no scheduled business hours on Saturday, Sunday or holidays. In case of a problem, the Park Manager may be contacted. If the Park Manager cannot be reached, one of the members of the Board of Administration should be called. Telephone numbers are posted on the bulletin boards.
B.2. Bulletin Boards are located outside the Corporate Office, inside the Mail/Laundry Room and at the Recreation Hall.
B.3. Each shareholder is responsible for the overall appearance, maintenance, repairs and replacements to their dwelling and for the area surrounding it, and to keep it in good repair and orderly condition at all times .
B.4. Trash is picked up according to Charlotte County schedule and should be put out in the morning of the day of collection but not earlier than the evening before the pick-up day. Recyclable items and newspapers (the green bins) will be picked up on Friday. Trash and garbage containers must be stored in the resident’s utility area and returned there as soon as possible after being emptied. Pick up of large items such as appliances and furniture requires a call to Waste Management, by the resident, to make arrangements at the resident’s expense.
B.5. Debris should be cut no longer than four (4) ft. in length and three (3) ft. in diameter and tied in manageable bundles weighing no more than forty (40) pounds. All yard trimmings should be in a container and placed curbside Monday through Thursday night for Park personnel pick-up.
B.6. The mangroves bordering Windmill Village are protected by law and cannot be cut trimmed or removed. See Bylaw Section 13.8
B.7. Recreational activities rules are plainly posted at the site of the activity. All users should familiarize themselves with the regulations and policies of the Park activity.
B.8. The swimming pool is open from 8:00 A.M. to 10:00 P.M. daily weather permitting.
B.9. Recreational Areas: Shuffleboard hours of play are 8:00 A.M. to 10:00 P.M. At certain periods of time, the Shuffleboard Courts, Horseshoe Pits and Pool Room are extremely active with Village team tournaments. We request that other players schedule their play during slack periods when tournaments are not being played.
B.10. UTILITIES:
a. Electricity is provided by the Florida Power and Light Co., and each resident’s meter will be read and billed directly by said company. It is the responsibility of each shareholder for installation and maintenance of the electrical service to the dwelling. The Corporation is not responsible for replacing the main breaker.
b. Water lines within the Park are the responsibility of the Corporation up to the meter box serving the dwelling.
c. Water is received from the City of Punta Gorda and residents must abide by the cities water restrictions as published, and use their street number to determine when they are allowed to water their lawns. The water restrictions will be posted on the bulletin boards from time to time or as they change. Residents should conserve the use of water. Excessive watering is not permitted.
d. Sewer lines within the Park are the responsibility of the Corporation up to the clean-out connection of the dwelling.
e. The cost of water and sewer is included in the monthly assessment fee.
f. Underground cable television is available to all sites.
B.11. Mail is delivered to the Mail/Laundry room. Your address is as follows:
215 Rio Villa Dr. # (your assigned mail number- Do not use “PO Box”)
(insert your physical street address)
Punta Gorda, FL 33950
B.12. Van schedules are listed in the Village Newsletter and on the bulletin boards.
B.13. Any shareholder who has a need to rent or sell their unit may advertise on a dated 3x5 card and post it in the appropriate area.
B.14. Shareholders will be held directly responsible for the action of their guests or renters regardless of their age. See Bylaw Section 13.5.
B.15. Be considerate of your neighbors when playing your radio, TV, stereo, etc., especially after 10:00 P.M. and before 7:00 A.M.
B.16 All residents, adult guests, and visitors of residents are requested to wear shirts or a cover-all when walking or riding bicycles and golf carts in the Village.
B.17. Walkers should walk facing oncoming traffic and are requested to carry a flashlight at night and early morning.
B. 18. West Gate will be open from 7:00 AM to 4:00 PM weekdays. Closed weekends and Holidays. The gate will be locked during the time it is closed.
SECTION A. GENERAL RULES
A.1. Violation of Rules and Regulations. A written notice will be sent by certified mail (with return receipt requested) to a shareholder held responsible for any violation of these Rules and Regulations. The cause of the violation must be corrected or otherwise resolved within ten (10) days thereafter to avoid further proceedings being instituted against the shareholder pursuant to the provisions of the Bylaw Section 12.
A.2. Legal notices and/or demands are to be directed to the Park Manager at 215 Rio Villa Drive, Punta Gorda, FL 33950 or to such other person as the Corporation may from time to time designate.
A.3. All signs, except Corporate posted signs, are restricted to 6 x 9 inches unless pre-approved by the Park Manager.
A.4. Guests must have a Temporary Pass. Decals and Passes are obtained from the Office.
A.5. Guests under sixteen (16) years of age may use the recreational facilities only when supervised by an adult, unless posted otherwise.
A.6. The use of the Pool Room by anyone under eighteen (18) years of age is prohibited unless accompanied by a resident.
A.7. Baby-sitting or keeping of children of any age on a regular basis is prohibited.
A.8. Lawns will be mowed and edged, where accessible, by the Corporation. The shareholder is responsible for watering, trimming, fertilizing, weeding, and clipping. If the grounds are not maintained in a generally acceptable condition, the Corporation, after a courtesy notice, may perform these services at the shareholder’s expense.
A.9. The burning or dumping of any trash, garbage, hazardous liquid, and yard waste, etc. on any lot or open area is prohibited.
A.10. All portable items, exclusive of tied down boats, golf carts and automobiles, must be removed from the carport, screen room, deck or lot when leaving the Village for more than one (1) week.
A.11. Public drunkenness and unruly behavior are prohibited.
A.12. All assessments are payable by the first day of the month. A late fee of twenty dollars ($20) may be charged.
SECTION B. SALE, RENT OR USE OF SHAREHOLDER'S DWELLING
See Bylaw Section 11 and Section 13
B.1. The Park Manager must be informed of all proposed selling or renting of dwellings.
B.2. No “For Lease/Rent” signs may be posted on the shareholder’s site or dwelling.
B.3. An “Application to Rent” must be completed by the shareholder, signed by the prospective renter and submitted to the Corporate Office for review at least five (5) business days prior to renter’s anticipated arrival. Upon arrival, the renter must complete the “Renter’s Check In Sheet” at the Office.
B.4. A one-hundred dollar ($100.00) non-refundable fee will be required to be submitted with the application to purchase, rent or otherwise occupy a residence in the absence of the shareholder. No occupancy will be allowed until the application is received and approved by the Corporate Office.
B.5. All renters and/or guests of absentee shareholders must register at the Corporate Office upon arrival and must complete the “Registration Check In Sheet.” If arrival is during non-business hours, renters or guests must register before noon of the next business day.
SECTION C. SECURITY
Soliciting or peddling is prohibited, without the Park Manager’s approval with the exception of shareholder canvassing. If anyone refuses to leave, the Corporate Office, a Board Member or Sheriff’s Department should be contacted immediately.
SECTION D. MOBILE HOME SET UP REQUIREMENTS
D.1. Mobile homes to be set in Windmill Village must have prior approval of the Board of Administration, and be less than five years old. The applicant must submit a plan, drawn to scale, showing the proposed unit, the adjoining units and all set-backs. The plan must also indicate the proposed location of the carport, shed, driveway, electric service, air conditioner, stairs, and all other protrusions into the setbacks.
D.2. Mobile Home set up must conform to Windmill Village Bylaws, Rules & Regulations, all Local and State codes and be completed within one (1) year of placement on the lot.
If applicable, this includes completion of the carport, garage, attached shed, skirting, and sufficient landscaping to prevent soil erosion.
D.3. The owner of the proposed new dwelling is responsible for the site preparation and grading and has a legal duty to prevent storm water from his lot flooding onto adjacent lots. Storm water must not be allowed to collect under the dwelling.
D.4. New mobile homes must conform to the following set backs:
a. twenty (20) feet from the high water mark on waterfront lots;
b. ten (10) feet from the back boundary on non-waterfront lots;
c. ten (10) feet from the street;
d. eight (8) feet from the side property lines.
e. A variance may be approved by the Board of Administration to allow protrusions (steps, concrete slabs, planters, air conditioners, decks, pavers, etc.) to extend into the required setbacks, but if all or part of the protrusion obstructs repair of sea wall, rip rap or utilities, any removal and/or replacement of the protrusion will be at the shareholder’s expense.
D.5. The size of a unit’s lot, or of any adjoining lots, as depicted on the plot plans of the Park, cannot be increased or decreased to accommodate the placement of a dwelling.
D.6. Lots cannot be combined to accommodate a dwelling.
D.7. Any down spouts that extend to the street must be underground from the vertical down spout to the edge of street.
D.8. All new electrical panels and air conditioning units must be installed as close as possible to the dwelling and cannot be placed on the street side(s).
D.9. Every dwelling must have an operational, five to six foot tall white post light installed five feet from the street and five feet from the house side of the driveway. The light must operate from dusk to dawn every day and must utilize the equivalent of a white or yellow 40 watt incandescent bulb. The fixture must be a Hampton Bay model #240-671 white cast aluminum colonial style carriage lamp together with model #CP295-327 white aluminum photo cell style post (or their equivalent in appearance). The light must be installed and operational within 90 days after the certificate of occupancy is issued. If the light becomes non-operational and the shareholder fails to correct the problem within 10 days, the Corporation can make the necessary repairs at the shareholder’s expense.
D.10. All dwellings must have a carport and/or garage and it must have the appearance of being an integral part of the dwelling.
D.11. All sheds must be under the carport and be part of the dwelling, structurally attached to the roof and/or the mobile home.
D.12. All concrete must have prior approval. Blacktop, asphalt and other similar materials are not permitted anywhere on the lot.
D.13. Skirting made of flexible material must be installed in accordance with the following minimum requirements:
a. The support system must be anchored securely to the ground, a concrete foundation, a treated wood base, coated steel or other decay resistant material, in a manner to resist lateral movement at the support base. (Note: landscape spikes are not acceptable)
b. The upper support system must be attached solidly to the mobile home frame.
c. The skirting material must be fastened top and bottom to these supports.
d. Installed heights over 30 inches must incorporate an additional horizontal support equidistant between the upper support and base mounting points. The skirting material must also be firmly attached to this additional horizontal support.
SECTION E. PROPERTY LINE DETERMINATION
Upon request for placement, replacement or any additions, modifications, rearrangements or changes to an existing unit, the following methodology will be used to determine property lines.
E.1. Existing plot plans will be reviewed to determine lot size and placement of utilities.
E.2. Older utilities, such as electrical, water and sewer right-of-ways were in place during the Park development and will be used to determine property lines. Palm trees, CATV and telephone pedestals are considered additions and were placed so as not to infringe on existing aforementioned right-of-ways and will not be considered in establishing property lines.
E.3. The size of a unit’s lot, or of any adjoining lots, as depicted on the plot plans of the Park, cannot be increased or decreased as a result of the property line measurements or as a result of, or in conjunction with, the requested modification.
SECTION F. MODIFICATIONS TO EXISTING DWELLINGS
F.1. Modifications, additions, rearrangements or changes to existing, dwellings, porches, driveways, sheds, lanais, or any existing structural properties require a “Request for Modification” form properly completed and approved by the Park Manager or Board of Administration and must meet all Windmill Village Bylaws, Rules & Regulations; State and local codes.
F.2. The modification must conform to the same set backs and variance approvals as described in Section D.4., Mobile Home Set up Requirements.
F.3. Replacement, repair or installation of vinyl, poly-propylene or other similar flexible sheet skirting must meet the requirements of Section F.12. Mobile Home Set-up Requirements.
SECTION G. OVERALL APPEARANCE OF DWELLING AND SITE
G.1. No structure of any type shall be placed or erected on any site without prior written consent of the Park Manager.
G.2. The exterior of the dwelling and grounds must be maintained in a neat and attractive manner and kept free of all debris and litter. Washers, dryers, refrigerators, freezers, and other appliances cannot be placed or stored outside of any dwelling or shed.
G.3. Boats must be stored in carports or locations of the owner’s choice outside the Village when not in the water. Boats must be secured and all movable steps, equipment, lines, etc. must be stored in a secured area.
G.4. The planting or removal of shrubs and/or trees is the responsibility of the shareholder but, due to the danger involved in damaging underground utilities, and pending an amendment of Bylaw 13.9, no digging of any kind will be permitted without prior notification of the Park Manager.
G.5. Fences are prohibited on residential lot lines. A Request for Modification is required for placement of plantings, or erecting, any other type of fencing.
G.6. Clothes are not to be hung in any location that involves the exterior of the dwelling. The Corporation provides a drying area beside the laundry room.
SECTION H. ANTENNAS
H.1. Small antennas are to be installed, with structural considerations, on the dwelling, shed, or a post as close to the dwelling as possible. Where practical, antennas are not to be installed on the street side of the dwelling.
H.2. Transmitting antennas may be allowed with permission from the Park Manager.
SECTION I. PETS
I.1. Pets must be registered with the Park Manager. All pets must be kept within the interior of the dwelling. They cannot be tethered or chained on the resident’s lot. Pets are prohibited in all recreation areas. They may be walked on a leash only on a resident’s lot but they must not be walked on the streets in the Park.
I.2 When embarking or disembarking a pet from a vessel in the main marina, the transporting vehicle must be parked in the closest available parking space to the dock walkway ramp. The pet must be carried or walked on a leash not longer than six (6) feet to or from the vessel.
I.3. Any pet found loose in the Village will be picked up, the owner notified if possible, and if unable to locate the owner, the pet will be delivered to the animal shelter.
I.4. After written notice is given by the Park Manager, noisy or unruly pets must be removed from the Park within three (3) days.
I.5. Pets cannot be put in pens or enclosures outside of the dwelling. They will be permitted inside the screen room.
I.6. The maximum acceptable weight for a pet is forty pounds.
I.7. The following breeds are considered aggressive and are prohibited.: Akita, Chow, Doberman, German Shepherd, Great Dane, Pit Bull, Rottweiler, wolf, wolf hybrid or any mix of these listed animals. Snakes, monkeys and ferrets are also prohibited.
I.8. The feeding of wild or stray animals is prohibited.
SECTION J. VEHICLES
J.1. Overnight parking of all vehicles and/or trailers other than in driveways and in designated parking areas is prohibited.
J.2. Additional overnight parking is available with written permission from the Park Manager. A Parking Pass, and directions to various acceptable parking area, will be provided. The Pass must be prominently displayed in the front windshield area.
J.3. Major repairs to vehicles are prohibited anywhere in the Park.
J.4. All traffic signs must be obeyed. The speed limit in the Village is 15 mph.
J. 5. The use of lights on vehicles, including bicycles and golf carts, is required at night.
J.6. Children less than ten (10) years of age are prohibited from operating any motorized vehicle within the park. Children age ten (10) through fifteen (15) may operate a motorized vehicle that is not required to be registered, such as a golf cart, only if under the direct supervision of an accompanying adult. No vehicle requiring registration may be operated by anyone not having a valid driver’s license.
SECTION K. RECREATION HALL
K.1. Recreation Hall bulletin boards contain the latest news of activities and coming events.
K.2. The Social Club and the Board of Administration will submit their calendar of activities to the Corporate Office for scheduling no later than June 1st of each year.
K.3. Any activity that needs to be scheduled after the calendar has been set will go through the Corporate Office for approval.
K.4. The Recreation Hall must be left in the same condition as it is found after each function.
K. 5. Smoking is prohibited in the Recreation Hall and on the West veranda.
SECTION L. STORAGE YARD
L.1. The storage yard is used for Park maintenance equipment and for storing boat trailers and utility trailers belonging to residents. The approval of the Park Manager is required. Space will be assigned on the basis of availability; however, there is no guarantee that space will be available to everyone. The priority of space assignment is:
a. resident shareholders with no other trailer stored in the yard;
b. renters with no other trailer stored in the yard;
c. all other (temporary storage only).
L.2. All trailers must have the owner’s names and Park address displayed for identification and registration.
L.3. If the storage yard is full, excess trailers must be stored in carports or stored outside the Village.
L.4. For the purpose of maintenance and/or repairs, residents will be allowed to park their boats on their trailer adjacent to the Woodworkers Club for a period not to exceed five (5) days, with the prior written approval of the Park Manager. Only one boat may be parked there at any time. Care must be taken to ensure that traffic is not impeded. All work performed on boats in this area will be done at the owner’s expense and liability and must conform to EPA requirements.
L.5. A resident wishing to store a trailer in the storage yard must submit a properly completed Trailer Storage Request form each year by September 1st or the date the trailer is to go into the yard, whichever comes later.
L.6. All boat owners desiring to store their boat trailer in the trailer storage yard must obtain their required boat sticker from the Corporate Office before storage of the trailer will be permitted.
L.7. Anyone having a boat and/or trailer in this area does so entirely at their own risk.
SECTION M. WINDMILL VILLAGE WATERWAYS, DOCKS, DAVITS AND LIFTS
M.1. Shareholders must submit a Request For Modification to the Corporate Office prior to applying for permits to construct a dock, davit or lift.
a. ON SEAWALLS
i Total accumulated width of docks, davits, lifts and boats along a sea wall cannot extend more than twelve (12) feet into the waterway.b. ON RIP RAP
ii The dock, not including the lift or davit, cannot be more than four (4) feet wide nor more than sixteen (16) feet in length.
iii No part of the dock, davit, or boat lift may be attached to a sea wall or any object behind the sea wall. The shareholder is responsible for any damage to the sea wall caused by the installation of, and use of, a dock, davit or lift. In cases where there are existing docks, davits, or lifts on the sea wall, or attached to any object behind the sea wall, the shareholder is responsible for any damage to the sea wall caused by the use of the dock, davit, or lift.
i No part of the dock, davit, or boat lift may be attached to the cap of the rip rap. The shareholder is responsible for any damage to the cap or rip rap caused by the installation of, and use of, a dock, davit or lift. In cases where an existing dock, davit, or lift is on the cap or rip rap, the shareholder is responsible for any damage to the cap or rip rap caused by the use of the dock, davit, or lift.c. GENERAL
ii Docks installed over rip rap need to extend further into the canal or creek in order to reach into deeper water beyond the rip rap. Approval for these larger docks will be considered by the Board of Administration on a case by case basis.
iii Installation of any piling or post penetrating the rip rap must be done by an insured licensed Florida contractor.
i. Nothing may be attached to a sea wall, cap, rip rap, or rip rap cap without written approval of the Park Manager. This applies to cleats, screw eyes, ramps, etc.
ii. It is the shareholder’s responsibility to obtain all required permits.
iii. It is the shareholder’s responsibility to maintain both safety of use and general appearance of their dock.
M.2. No boat lift covers will be permitted.
M.3. Shareholders held responsible for damage to the Corporate facilities must make arrangements to pay for these damages within thirty (30) days of determination of fault.
M.4. Oil, gas, spirits, paints, inflammables and any other substances which are deemed pollutants under provision of state or federal law may not be discharged into the Windmill Village waterways. Boat owners are responsible for all spills.
M.5. Boats must proceed at a “No Wake” speed while operating within Windmill Village waterways. The speed limit is 5 MPH (4 knots). Owners will be held responsible for any damage to other boats or docks caused by their boat or their wake.
M.6. Boats berthing in Windmill Village waterways will be limited to a maximum length of twenty-six (26) feet, using the registration length, and a maximum measured beam of eight and one half (8 ½) feet.
M.7. Boats requiring registration docked in the waterways of Windmill Village and/or using Windmill Village facilities:
a. must be insured against public liability and property damage insurance in the minimum amount of $300,000.00 to cover any accident or liability arising from the use of their boat and these facilities;
b. must have a Windmill Village identification sticker affixed to the port side of their craft, on line with and approximately 5 inches forward of their Florida registration sticker and numbers. The Corporate Office will issue the identification sticker, free of charge, after the boat owner has provided a copy of his/her current certificate of insurance showing the required limits of liability and current registration.
SECTION N. WINDMILL VILLAGE CORPORATE DOCKS
N.1. All residents of Windmill Village are eligible to use the Corporate docks. Boat slips are assigned and monitored by the Dockmaster, appointed by the Board of Administration. The docks are for the residents and their guests. All children less than 12 years old must be accompanied by a resident or adult guest (21 or older) while on the Corporate docks.
N.2. To be eligible for a slip assignment, a resident must be the owner/lessee and operator of the boat, and must have provided the Dockmaster with a copy of the current registration, proof of boat liability insurance, and a signed Agreement (available from the Corporate Office or the Dockmaster) to abide by these regulations. This agreement is for the use of dock space only, and such space is to be used at the sole risk of the resident.
a. The Corporation is not responsible or liable for the care or protection of the boats, and/or their contents.
b. The boat owner must indemnify and hold the Corporation free and harmless against any loss, cost, suit, or claim arising out of the use of the Corporate dock space or any handling of the boat in connection therewith.
c. Boat owners held responsible for damage to the Corporate facilities must make arrangements to pay for these damages within thirty (30) days of determination of fault.
N.3. There are a limited number of Corporate slips and there is no guarantee that a slip will be available for everyone desiring to use one and there is no guarantee that those renewing will be assigned the same slip.
N.4. The priority of slip assignments will be:
a. resident shareholders currently assigned a slip and wishing to renew;
b. resident shareholders with no other dock or slip;
c. resident shareholders with other docks (temporary assignment only), provided that there is no one on the waiting list.;
d. renters of homes in the Village.
N.5. If an assigned slip is not occupied by January 31st without the prior approval of the Dockmaster, the slip can be reassigned.
N.6. A boat may only be docked in the slip to which it has been assigned. Transfer of boats between slips, or from one slip to another slip, is prohibited unless approved by the Dockmaster.
N.7. Slip assignments are from September 1st through August 31st. Residents desiring a slip must complete a Request Form, available from the Corporate Office or the Dockmaster, and submit it to the Dockmaster by February 15th, of each year
a. Slip assignments will be posted on the Bulletin Board and will be updated as changes occur.
b. Failure to comply with the February 15th deadline, or failure to provide a proper registration and insurance certificate, will result in the slip being reassigned.
N.8. Boat owners are responsible for the safe and secure mooring of their boats and are liable for damages to the Corporate docks, to other boats, and to their boat.
N.9. Boats must use spring lines so that no part of the boat or its equipment will extend over the dock. All lines must be tied to the dock cleats or dolphins and not to dock pilings or water supply lines. The use of rubber tires for chafe guards or fenders is prohibited.
N.10. In the main marina, electric extension cords may be used to supply 110 volt power from the dock GFI receptacles to boats. It is NOT permitted to supply power to the boats overnight for any purpose.
N.11. Any modification to docks or slips is prohibited without the prior approval of the Board of Administration.
N.12. The Corporate slips are not for boat storage. All boats must leave their slips at least once every 59 days. If a boat has not left its slip for sixty (60) consecutive days, the boat owner will be in violation of these rules and may lose the right to the slip and the slip could be re-assigned. The Park Manager will send, by certified mail, a written notice of violation to the boat owner at the last known address. If the owner fails to respond within ten (10) days of the receipt of said notification, the boat may be removed to a commercial storage facility at the boat owner’s expense.
N.13. Tropical storm or hurricane removals are governed by a Florida state statute which requires the following notice to vessel owners:
Notice to Vessel Owners
Windmill Village Corporation (WMV) informs you that in the event you fail to remove your vessel from the Corporate docks promptly (not more than 36 hours) after the issuance of a tropical storm or hurricane watch for Charlotte Harbor/Punta Gorda, Florida, under Florida state law, WMV or its employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by WMV or its employees or agents in order to better secure your vessel, and to protect Corporate property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action.
Windmill Village Corporation shall not be held liable for any damage incurred to a vessel from storms or hurricanes and is held harmless as a result of such actions. Nothing in this section may be construed to provide immunity to WMV an employee, or agent for any damage caused by intentional acts or negligence when removing or securing a vessel as permitted under this section.
N.14. Boat maintenance at the Corporate docks, is limited to normal exterior, above water cleaning and polishing. Emergency repair tasks, whether conducted by owner or contractor, requires a written approval of the Dockmaster. Prohibited maintenance activities include, but are not limited to, changes of engine oil, hydraulic fluid/oil, hull bottom cleaning, sanding, painting and varnishing; and any other activity, which could result in discharge of pollutants into the water. Pressure washing of boats may only be done at the Boat Ramp.
N.15. General conditions applying to Corporate docks and boats moored at these docks:
a. no crab pots
b. no open fires or any cooking fires
c. no live aboard or over-nighting
d. no swimming or diving
e. no cleaning of fish or shellfish
f. no advertising signs (For Sale, etc.)
N.16. The Dockmaster and Park Manager will enforce these rules, with the advice and consent of the Board of Administration.
SECTION O. SPECIAL NOTES
O.1. Variance from Rules and Regulations. Refer to Bylaw18
O.2. The Corporation may, at its option, take action against and/or evict residents for any of the following reasons:
a. conviction of any offense involving moral turpitude.
b. for a violation of any Rule or Regulation found by the court to have been an act which endangered the life, health, safety, property or peaceful enjoyment of the Park by its residents,
c. Failure of the resident of the dwelling to be qualified and approved as a resident.
Updated 5/18/2010
