Property Alterations

EXTERNAL MODIFICATIONS TO YOUR PROPERTY MUST BE APPROVED

WORK CANNOT BE STARTED UNTIL YOU SUBMIT AN ARCHITECTURE REVIEW APPLICATION AND RECEIVE FORMAL APPROVAL

If you are making external modification to your property, to include repainting of the exterior of your home, then the rules you must follow are found here.

The purpose of the Architectural and Design Review process is to promote the aesthetic harmony and continuing attractiveness of Courtside Landings Condominium Association and to facilitate the beneficial operation of the residential areas thereof. The Courtside Landings Condominium Association Board of Directors has adopted the following Architectural Control Policies and Procedures. These policies provide for community appearance standards and coordinated administration of those items related to community appearance throughout the community.

The Board of Directors is responsible for the approval of alterations and modifications to the common elements and the limited common elements upon receipt of an approval recommendation from The Architecture Review Committee.

The application for alterations/modifications shall include:

– A written request on the Architecture Review Application available for download below. Both the property owner and the owner’s contractor, if any, shall sign the application. If there is not a contractor, then unit owner shall so designate on the application.

– A “scaled” dimension drawing of the proposed alteration/modification, which shows the location, construction details, landscape installation location and type of materials to be used.

– The owner shall obtain the necessary building permits as required by Lee County.

– The owner shall have the property “staked” for existing underground utility and cable locations, if applicable, at least 3 days prior to commencement of work.

– The owner shall be responsible for avoiding and/or damage to any irrigation system heads and lines during any construction or landscaping installation period.  The owner will be responsible for the costs of moving or altering the irrigation system lines or heads if conflicts arise due to changing the water pattern caused by the modification. The owner shall be responsible for the existing building grades and shall not change any drainage patterns. The owner shall contact the management company to request a review of the irrigation system in the area of the modification.

– The owner shall be responsible for the removal of and off-site disposal of any discarded landscape material. Debris removal and cleanup shall be completed within 2 days of alteration/modification and/or landscape installation completion. Please note that other Association grounds shall not be used as a disposal site.

– The owner shall be responsible for the adequacy of construction and landscape installation specifications, quality of the work performed and the safety of the alteration/modification. Approval and inspection by the Association does not include judgment of:

Conformity to local governing municipality requirements and building codes, if applicable

Proof of contractor business license and adequate insurance, if applicable

The adequacy of construction and landscape installation specifications

The safe use of the modification or landscape installation

Additionally:

The owner shall provide the Association with copies of the governing municipality approvals, if requested.

All applications, written correspondence, and unit owner questions shall be directed to the property management company for processing.

Submission and Processing

– Submit completed forms to our Property Manager

 – Processed by the Association Architectural Review Committee

icon Architecture Review Application

icon Architecture Review Application – Paint

 Written Approval

The CLCA Board of Directors reserves sole discretionary rights for the approval process. it may, from time to time, approve in writing an Alteration/Modification Request and not approve a similar request. The Board is not liable for any omissions or errors made during the approval process.

Assessment of Fines

Owners shall be responsible for damages or cost to CLCA resulting from negligent damage to or misuses of any of the Limited/Common Elements by the owner or any member of their family, their guests, or their pets.

Damage

The Association shall assume neither responsibility nor liability of any type resulting from any unit owner structural alteration and/or modification. The reimbursement for any charges incurred when the Association must make repairs or remove unit owner installed item(s) from a units Limited/Common Element area may be assessed to and collected from the responsible owner.

Governing Documents

3.4 Permitted Improvements

The following improvements shall be permitted to be
constructed within and upon each Unit:

(b) By Unit Owner

In the event any of the Units are conveyed by the Developer to Unit Owners without the aforesaid Dwelling or improvements having been constructed therein, those Unit Owners shall, at the time of such conveyance, enter into a contract with the Developer whereby the Developer shall construct an approved Dwelling or improvements within such Unit. The Dwelling must be substantially completed within two (2) years from the date of purchase of the Unit by the Unit Owner, subject to unforeseen delays beyond the control of the Developer or Unit Owner. Each Unit Owner may construct a pool and/or spa within their Unit, and such construction must comply with the rules and regulations pertaining to same as promulgated by the Association.

All pools and/or spas must be contained within a screened enclosure, and there shall be no impervious roofs atop such screened enclosures. All pools must be in-ground in nature and must be of concrete construction. Portable spas shall be permitted. Notwithstanding the foregoing, all pools and/or spas, together with such screened enclosures, shall require approval of the Board, or a committee designated by the Board and headed by an officer of the Association prior to construction so as to maintain the character and to preserve the aesthetic and architectural qualities of the Condominium.

The Unit Owner shall submit plans and specifications as required by the Board using the Architecture Review Application. The Board or a Board-designated committee shall review such plans and issue a written statement either approving such plans and specifications or disapproving same together with an explanation for such disapproval. Notwithstanding the above, the Developer may construct pools. spas, screened enclosures and other improvements within the Condominium without approval from the Board.

7.2 Exterior Modifications

Notwithstanding the provisions of Section 7.1 herein, all exterior painting and all architectural or structural modifications to the exterior of the Dwelling must be approved in writing by the Board, or a committee designated by the Board and headed by an officer of the Association, prior to commencement of such work so as to maintain the character and to preserve the aesthetic and architectural qualities of the Condominium. The Association shall promulgate rules and regulations in accordance with the foregoing.

9.1 – To the Common Elements 

After the completion of the improvements included in the Common Elements which are set forth in this Declaration, or which are contemplated by the Developer in the completion of the development as set forth herein, there shall be no alterations or additions to Limited Common Elements of this Condominium, other than those contemplated under Section 3.4 herein, except as authorized by the Board of Directors and approved by not less than 75% of the total vote of the Unit Owners of this Condominium, provided that no alterations or additions may be made involuntarily to the Limited Common Elements of any particular Unit it such alteration or addition will adversely affect or prejudice the rights of such Unit Owner unless his consent first has been obtained. The cost of the foregoing shall be assessed as Common Expenses unless otherwise provided herein.

All open space areas contained within the Common Elements shall be preserved and developed solely as open space areas by the Developer, the Association or the Unit Owners in a manner solely detailed or contemplated herein or on the Condominium Plat. Neither the Association nor the Developer nor the Unit Owners, without an appropriate amendment to the Development Order by the County, may utilize such areas for purposes other than as landscaped open spaces.

9.2 To the Units

Except as otherwise reserved by the Developer or detailed in Section3.4(b) herein, no Unit Owner shall make any alteration or improvement to such Unit Owner’s Unit except in accordance with this Section 9.2. A Unit Owner may make alterations and improvements to the interior of the Dwelling or building located within the Unit so long as such alterations or improvements are not visible from the outside of the Unit, do not impair the structural integrity of the Dwelling or building, do not otherwise violate the terms of this Declaration and are in compliance with all applicable building codes and laws.

A Unit Owner may not expand, enlarge or relocate the Dwelling originally located within his Unit. Other alterations or improvements to a Unit (including, but not limited to, landscaping that portion of the Unit outside the Dwelling or building and any attached enclosure or the enclosing or screening in of any porch or patio within the Unit) which are not discussed in this Declaration may be made only if prior approval in writing is obtained from the Board or a committee designated by the Board and headed by an officer of the Association. A Unit Owner making or causing to be made any such additions, alterations or improvements agrees, and shall be deemed to have agreed, for such Owner, and his heirs, personal representatives, successors and assigns, as appropriate, to hold the Association and all other Unit Owners harmless from and to indemnify them for any liability or damage to the Condominium Property and expenses arising therefrom, and shall be solely responsible for the maintenance, repair and insurance thereof from and after that date of installation or construction thereof as may be required by the Association.

Amendment to F. S. 718.113(5) Hurricane Shutters

Each board of administration shall adopt hurricane shutter specifications for each building within each condominium operated by the association which shall include color, style, and other factors deemed relevant by the board.

All specifications adopted by the board shall comply with the applicable building code. Notwithstanding any provision to the contrary in the condominium documents, if approval is required by the documents, a board shall not refuse to approve the installation or replacement of hurricane shutters conforming to the specifications adopted by the board.

The installation, replacement and maintenance of such shutters in accordance with the procedures set forth herein shall not be deemed a material alteration to the common elements within the meaning of this section.

Courtside Landings Addendums

Specifications list for hurricane shutters 

1. Type of Shutter:

2. Material:

3. Color:

a. If roll down shutter:

4. Installation:

a. Over windows and sliding glass doors must be on the exterior of the building

b. On porches and lanais must be on the inside of the screen.

5. All suppliers to be approved shall have the following on file with the CLCA:

a. Drawings that are sealed and certified by a qualified, Independent Engineer who is licensed in the State of Florida showing that all specified products meet coastal wind load requirements, Standard Building Code, South Florida Building Code and Dade County Building Code.

b. A certificate of insurance from the supplier’s agent showing finished product liability, business liability and workmen’s compensation coverage.

c. Drawings of proposed installations.

6. All proposals for installations shall include a written contract stating the work to be done.

7. Contractor shall supply a certification signed by an officer of the Company stating all installations will meet the requirements of law including the Florida Condominium Act.

Exterior alterations and modifications

1. An owner shall not make any alterations/modifications in exterior appearance or make any structural alterations/modifications to the exterior of the unit without submitting an Alteration/Modification Request Form for prior written approval from the Board of Directors.

2. Alteration/Modification Request Forms are available from the management company.

3. Alterations/Modifications shall not restrict access to any utilities, water line, water meter, and sprinkler irrigation system.

see Architectural Design Review; and Forms addendum

Landscape alterations

Shall be installed only within the unit Limited Common Elements. The unit limited common element is defined within the condominium governing document and plat. Generally, a unit limited common element applies to a five (5) foot area immediately adjacent to and surrounding the unit dwelling and any lanai and/or pool area.

The maintenance and subsequent responsibility of any approved plant/landscape material within the unit limited common element is that of the owner. If at any time the added or modified plant/landscape material becomes unsightly or the plant material is determined to have “failed/died”, then at the discretion of the landscape contractor the material may be removed and any expense incurred for such removal shall be charged to the owner.

Approved alterations and landscaping shall not impair the view, privacy and/or enjoyment of neighboring units. It will be generally required that:

Existing grade shall not be changed to result in impaired water drainage for any neighboring building

Access shall be provided to enable outside utility meters to be read

The property management company shall be contacted when existing irrigation lines or sprinkler heads are to be moved; and, the owner shall be responsible for moving heads and irrigation system lines and any costs related thereto

The owner is responsible for locating all underground utility and cable lines

The installation of approved alterations and landscaping shall not prevent the Association from performing normal maintenance and repair work.

Approved alterations and landscaping shall be in conformance with the architectural standards and icon Approved Plant List and landscaping material list of the Association.  (See Landscape Material)