The disputed "additional rules"

Rules for Private and Common Properties
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Developer
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The disputed "additional rules"

Post by Developer » Tue Dec 03, 2019 4:54 am

Here are the "additional rules" included by the Association in their pamphlet handed out to the members of the Fall 2019 Members Meeting, and subsequently mailed out with the Fall Newsletter; complete with all the typos and horrible grammar as printed in the pamphlet. I have added my opinions in italics:
  1. No dogs are allowed on the beach.
    (With Authority. The beach is common property over which the Association has power.)
  2. No pets shall be permitted to run loose on property other than the animal owner's lot.
    (Without Authority. Presumes authority over the owner, the animal, and the property, all of which were never granted the Association. Further, when read literally, it is ridiculous on its face. What if my neighbor brings his dog over to my lot, with my permission? This is a private property right, not a privilege which the Association has the authority to grant or withhold.)
  3. Appropriate authorities may be requested to impound loose-running pets at their owner's expense.
    (Mislabeled. This is not a rule, it is simply an advisement. What is it doing in here?)
  4. Noise: Property owners must keep NOISE LEVELS down from 11:00PM until 7:00 AM. Noises such as loud music, excessive dog barking, revering [sic] and running loud engines, this includes cars, motorcycles, chainsaws, four wheelers, dune buggies, outdoor equipment etc. Property Owners are also responsible of their guest's noise.
    (Without Authority. Unless the noise is coming from common properties, this is outside the Association's authority; it can make such rules for the beach or the parks, but not private lots. Rose Lake Forest is not a private park owned by an Association which rents camping spaces to the public. All the lots are privately owned, and the roads are owned and maintained by the County of Osceola. The Association is free to ASK people to keep the noise down, just as anyone is free to ask, but they have as much authority to DEMAND it as I would have to demand that you stop parking your car in your own driveway. There are State and County laws dealing with "Disturbing the Peace" which are sufficient to handle these matters, and the County Sheriff is charged with enforcing them.)
  5. No dogs will be permitted to bark non-stop day or night. Property owners are also responsible for their guests and or renters.
    (Without Authority. Unless the barking dogs are doing their barking on the common properties, the Association has nothing to say about it. I don't like barking dogs any more than other sane and rational people, but the same rules and solutions apply to this one as in number 4 above. This is a matter of disturbing the peace.)
  6. There shall be no target practice or discharging of fire arms in Rose Lake Forest. This applies to any and all weapons for sport and pleasure, including bow & arrow and crossbows. THERE IS ABSOLUTELY NO HUNTING OF ANY KIND IN ROSE LAKE FOREST.
    (Without Authority. There are State and County laws which govern the proximity to residential buildings to which these actions are allowed. The Association can declare no hunting in the common areas, but has no authority to make such a declaration with regard to private land. I'm guessing shooting rifles or handguns would cause enough noise to constitute disturbing the peace. But if some private property owner sets up a bow-range with a proper backstop, who has the authority to say he can't use it?)
  7. No manufacture homes (single wide, double wide or BOCA) that is more than ten (10) years of age shall be placed on any property within Rose Lake Forest. All members who wishes to place on of the above mention homes within Rose Lake Forest must provide documentation to the Associations secretary on the age of the manufacture home.
    (Without Authority. I'm sure you're getting the idea by now, right? State laws, County laws, private property; none of the Association's business.)
  8. Travel trailers, fifth wheelers, campers, truck campers and tents, sheds, garages, homes, antennas, outdoor lighting fixtures, postal boxes, boats, four wheelers, dirt bike, snowmobiles and jet skis: any of the following will constitute a violation and must be repaired or removed from the "Forest"
    1. Roofs that are caved in
    2. Windows broken
    3. Doors peeling or hanging off hinges
    4. Tarps not secured, ripped or torn
    5. Tents falling down
    6. doors falling off and/or missing
    7. walls falling in and or missing
    8. siding falling off
    9. windows broken out (yes, this is in here twice)
    10. doors falling off and or peeling apart (yes, this is in here twice)
    11. siding, brick or wood falling off (yes, siding is in here twice)
    12. skirting and porches falling down and/or broken
    13. chimney falling down
    14. mail boxes not affixed properly
    15. road and water ready
    (Without Authority. This one is completely ridiculous. Every item on this list can only have authority if it deals with rooves, windows, doors, etc., located on COMMON PROPERTY. The Association does not have authority over private lots.)
  9. Dumpsters: the following is prohibited: appliances, furniture, mattresses, TV's, computer monitors, toxic chemicals, paint, paint thinners, engine oils or additives, car batteries and tires of any size. ALL empty boxes must be broken down flat. Only recyclable metal may be dumped in the scrap metal area.
    (With Authority. The dumpsters are located on Common Property and within the purview of the Association.)
  10. Boat Docking: once your boat is docked you need to owner information form and affix a RLFPOA boat sticker. All boats must have bumpers/fenders, boat is to be removed from slip by November 1st. No fishing from boats while docked. Keep area around your boat clean.
    (With Authority. The beach is Common Property, within the purview of the Association.)
  11. All boats must be removed from beach and boat areas by November 1st (yes, this is in here twice).
    (With Authority. The beach is Common Property, within the purview of the Association.)
Click here to see the letter I sent to the Association regarding these "additional rules".
======================
Gregory Wood
Trustee for PRTC Trust, Developer
developer@rlfpoa.org
931-999-1010

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