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COMMON AREA RULES AND REGULATIONS OF SEA PINES CONDOMINIUMS

(revised May 2016)

Miscellaneous

Parking

Clubhouse

Fitness Center

Swimming Pool

Tennis

Boating

Kayak Storage

Boat Registration

Beach

  • Addendum 6/30/2018: Smoking of any kind is prohibited on the Sea Pines beach during daylight hours (meaning dawn to dusk) beginning Memorial Day and continuing to and through Labor Day.

Beach Fires

Signage

Satellite Dishes

Propane Gas

Rentals

SECTION 1 – MISCELLANEOUS RULES

  1. TRASH SHEDS – The Common Elements shall be kept free and clear of rubbish, debris and other unsightly materials. Each unit in Sea Pines has access to a nearby trash shed. Please close doors and seal trashcans after each use and latch doors.

  2. RECYCLING – Plastic, aluminum, glass, newspaper and magazine recycle bins are available at the sheds and should be utilized to preserve the ecology of Sea Pines, Brewster, and Cape Cod.

  3. GARBAGE DISPOSALS – Sea Pines, like most residences on Cape Cod, have delicate septic systems. Therefore, refrain from the use of the garbage disposals as much as possible. Under no circumstances should you put fruit peels, banana skins, glass, paper or bones in the disposal as they damage the septic system.

  4. MOTOR VEHICLES – 15 MPH is the maximum speed on ALL roads in Sea Pines. Engine revving is prohibited.

  5. GENERAL – Except in areas designated as such by the FMB there shall be no benches or chairs on any part of the Common Elements except that patios and balconies may be used for their intended purposes. No waste or rubbish containers shall be deposited in any common area except in the designated collection area, nor shall anything be hung from the windows, patios, or balconies except that the American Flag may be flown on holidays and other appropriate times. Nor shall any rugs or mops be shaken or hung from or on any of the windows, doors, balconies or patios. No patio or balcony shall be enclosed or covered by any awning or otherwise without the consent in writing of the FMB.

  6. BICYCLES – Bicycles, roller skates, skateboards or roller blades may be used on roads only, never on walkways, and only in the safe manner with proper respect to people walking in the roadway. Bicycle racks shall be used at the owner's risk.

  7. STORAGE – There shall be no obstruction of the Common Elements nor shall anything be stored in the Common Elements without the prior consent of the FMB except as herein or in the Bylaws expressly provided. Storage by Unit Owners in areas designated by the FMB shall be at the Unit Owner’s risk.

  8. NAMES OF COMMITTEE CHAIRMEN – The names of committee chairmen and other officers of the Facilities Management Board (FMB) referred to in these Rules, shall be posted on the Bulletin Board in the Clubhouse.

  9. YARD SALES – Traditional yard sales, estate sales, garage sales, etc are generally not permitted at Sea Pines without written consent in advance from the FMB, whose approval is not required so long as the sale is held entirely within the confines of your unit. Common Area (i.e., anything outside your unit) shall not be used for such events without FMB approval in advance. Three signs may be posted on the day of the sale to direct traffic to the unit.

  10. LATE FEE FINE - A fifty-dollar ($50) per month fee on monthly maintenance fee balances over one-hundred dollars ($100) and thirty (30) days past due and provided that homeowners will be notified via email of any such past due balances.

SECTION 2 – PARKING RULES

  1. Neither off-road parking nor parking on lawns is permitted. Parking must be in a garage or open parking spaces.

  2. No Unit Owner or their tenant or guest is allowed to park more vehicles in open spaces than allowed in their Deed.

  3. Overflow parking is available at the Clubhouse. Unit Owners are requested to show common courtesy to fellow Unit Owners in regards to the use of open parking spaces especially on busy or holiday weekends.

  4. Storage of unregistered vehicles or trailers on Sea Pines property, other than in garages, is prohibited.

  5. Surface parking space other than garages shall not be used for any purpose other than to park automobiles which does not include trailers or boats.

  6. Any vehicle or boat parked in a garage shall not exceed the length of the garage.

  7. During the period from May 15 to September 15, no vehicles, trailers, supplies or equipment belonging to a contractor may be left overnight in the common area except by permission of the FMB or Grounds Committee.

  8. Boat trailers and boats may be parked only in the grassy area across from the Clubhouse during the summer season and behind the pool during the winter season.

  9. House and travel trailers are specifically excluded from parking anywhere at Sea Pines.

SECTION 3 – CLUBHOUSE RULES

  1. Only Unit Owners may reserve the use of the Clubhouse for private social functions, subject to the approval of the Clubhouse Coordinator acting as a representative of the FMB. No family members, tenants, guests, friends or invitees are allowed to directly reserve the use of the Clubhouse.

  2. The Unit Owner reserving the Clubhouse is to be present at all times during the function. Sufficient and appropriate adult supervision must be provided if the function is to include any non-adults.

  3. The Clubhouse is not to be used for meetings of any outside organization.

  4. Clubhouse use is made on a first-come first-serve basis by contacting the Clubhouse Coordinator, completing a reservation form and supplying the refundable cleaning deposit.

  5. The Unit Owner who reserves the Clubhouse is responsible for complete cleanup of all Clubhouse areas used by the morning after the event, including the kitchen and rest rooms. A security deposit of $250 must be given to the Clubhouse Coordinator when making the reservation. The deposit will be returned after the Clubhouse Coordinator has determined that no additional cleaning is required and the original request form has been signed by the clubhouse coordinator or member of the Clubhouse Committee indicating that inspection of the facilities has taken place. If additional cleanup is required, the cost will be deducted from the security deposit. If cleaning or repairs are in excess of the $250 deposit, the Unit Owner will be billed.

  6. The Clubhouse Coordinator will post the date, hours reserved, and Unit Owner’s name and address on the calendar on the Clubhouse Bulletin Board for all approved Clubhouse reservation requests.

  7. Brewster Fire Department has LIMITED OCCUPANCY OF THE CLUBHOUSE TO 49 PEOPLE.

  8. Reserving the Clubhouse for functions DOES NOT INCLUDE THE FIREPLACE, EXERCISE ROOM, OR EXCLUSIVE USE OF THE SWIMMING POOL OR POOL AREA.

  9. No Clubhouse furniture is to be removed from the Clubhouse at any time.

  10. At the end of the function, the Unit Owner is also responsible for ensuring that the heat or A/C has been lowered (if applicable), the lights are off and the doors and windows are locked.

  11. Live or recorded music is allowed and shall be played inside the Clubhouse only using equipment provided by the owner. No radios, loudspeakers or other amplifying equipment may be placed outside the Clubhouse.

  12. Noise shall be kept in accordance with Brewster town ordinances.

  13. Clubhouse keys are not to be loaned or given to non-residents.

  14. The Clubhouse must be vacated and closed by 11:00pm.

  15. NO SMOKING is permitted anywhere in the Clubhouse.

  16. No alcoholic beverages are to be left unsupervised anywhere in the Clubhouse at any time. Owners assume ALL responsibility and liability for issues caused by the use of alcohol at their function.

  17. Children are welcome in the Clubhouse with appropriate adult supervision.

  18. Proper attire (shirts and shoes) must be worn inside the clubhouse. Wet bathing suits are not allowed beyond the bathroom areas.

  19. Questions should be directed to the Clubhouse Committee chairperson.

SECTION 4 – FITNESS AREA RULES

  1. The Fitness Center is for the use of Unit Owners and their tenants and guests on a first-come first-serve basis. ITS USE IS AT YOUR OWN RISK.

  2. No one under the age of 12 is allowed into the Fitness Center. An adult must accompany anyone between the ages of 12 and 17 years of age. An adult is defined as a person 18 years or older.

  3. Access to the Fitness Center is via the Clubhouse, using the Clubhouse key provided to each Unit Owner. Users are responsible for removing their trash, turning off all lights and heat, and closing and locking windows and doors when leaving.

  4. All Clubhouse rules and regulations remain in effect.

  5. If any equipment is malfunctioning, please contact the Managing Agent.

  6. Questions should be directed to the Clubhouse Committee chairperson.

SECTION 5 – SWIMMING POOL RULES

  1. THE SWIMMING POOL IS THE PROPERTY OF ALL UNIT OWNERS. It is the responsibility of each owner to ensure the rules and regulations are followed by family members as well as guests or tenants.

  2. The design of the pool does not allow for safe diving, therefore, diving is prohibited. Running on the pool deck is prohibited for safety reasons.

  3. All swimmers are required to shower before entering the pool.

  4. Children under 16 must be accompanied by an adult. An adult is defined as a person 18 years or older.

  5. No one person should ever swim alone.

  6. Pool hours are from 7am to 9pm. Persons using the pool in the morning or evening are requested to use discretion and not create excessive noise that could disturb the peace and privacy of surrounding owners.

  7. No pets are permitted at the pool at any time.

  8. A unit owner key is required for admittance. Gates must be kept locked at all times.

  9. The Brewster Board of Health regulations require that no more than 20 persons be in the pool at any time.

  10. Persons with communicable diseases may not swim in the pool.

  11. Infants and toddlers, who are not toilet trained, are allowed in the pool only if they are wearing swim pants or swim diapers specifically designed for pool use.

  12. Food of any kind must NOT be brought to the pool deck.

  13. Beverages are permitted on the pool deck only in unbreakable containers. NO GLASS containers are allowed.

  14. Personal audio/video equipment may be used on the pool deck only with earplugs.

  15. Restrooms must be entered and exited by way of the outside doorway with your key. Keep the bathrooms clean. Wet bathing attire is not permitted in the clubhouse.

  16. Swimming aids, such as water wings, small tubes, small kickboards, or noodles are permitted to aid novice swimmers. No small toys may be used in the pool. The size of our pool cannot accommodate larger inflatables, consequently inner tubes, floating lounges, motorized rafts and boogie boards are prohibited.

  17. Questions should be directed to the Pool Committee chairperson.

Please note:
There is NO LIFEGUARD ON DUTY at the swimming pool. When a pool attendant is present he/she is provided with the authority to assist in the enforcement of the rules and regulations.

SECTION 6 – TENNIS RULES

  1. Tennis courts are for the use of Unit Owners and their tenants or guests. Tennis players who rent/lease are afforded the same privilege as owners and are expected to abide by these same rules.

  2. Access to the tennis courts is via combination lock. Unit Owners are responsible for providing the combination.

  3. Tennis courts are for tennis play only. No skating, skateboarding, rollerblading, or general playground-type use is allowed.

  4. A sign-up board is located outside Court #1. Sign-up sheets for court reservations are available for signup at 8am for the next day’s play during summer months. Reservations are available to Unit Owners and tenants on a first-come first-serve basis. Please honor your time and cancel if necessary.

  5. Court reservations are limited to 1 hour for singles and 1-½ hours for doubles.

  6. If unauthorized players are using your court time, they may be asked to leave. If they refuse, report the incident to the Chairman of the Tennis Committee.

  7. Reservation time is forfeited if the tennis players reserving the court are more than 10 minutes late.

  8. All players must wear proper tennis attire including shirts. Proper tennis shoes (i.e., non-marking athletic footwear) are required.

  9. Tennis courts must be kept locked at all times when not in use.

  10. An abbreviated set of tennis rules is posted on the entrance gates to the courts as a reminder.

  11. It is the responsibility of all Unit Owners to keep unauthorized persons off the courts.

  12. Questions should be directed to the Tennis Committee chairperson.

SECTION 7 – BOATING RULES

  1. The Boating Area is for the use of Unit Owners, their families, their tenants, and guests only.

  2. When boats are launched in the spring, Unit Owners may use any available position in the existing mooring field, with the approval of the Boating Chairman. This will become the assigned mooring location for the season.

    Additionally, existing moorings must now be registered with the town and must obtain permits from the Brewster Harbor Master on an annual basis. The application for a Mooring Permit can be obtained by clicking on the following link to the Town website: http://www.brewster-ma.gov/images/stories/mooring_regs_7.29.2008.pdf

    Also, please print the Mooring General Arrangement Drawing to be attached to your Mooring Application, showing the location of the mooring.

  3. Those desiring to place new offshore moorings in the water shall contact the Boating Chairman for prior approval of equipment and approval of the proposed location(s) of the mooring. In addition, as noted in item #2 above, proposed new moorings must also be registered and approved by the Town of Brewster Harbor Master using the above link to the Application for a Mooring Permit. Additionally, please print the above Mooring General Arrangement Drawing to be attached to your Mooring Application, modifying the drawing to show the location of the proposed new mooring.

  4. Any Unit Owner who desires to change his/her assigned location should contact the Boating Chairman before doing so.

  5. No boat shall be placed on beach grass.

  6. Boats shall not be tied to shrubs or fences.

  7. Boats in the water shall keep well clear of areas occupied by bathers.

  8. Boats close to shore and approaching the beach shall do so only directly opposite the boat mooring (parking) area to provide a maximum clear zone for swimmers.

  9. No boats shall be stored in the beach house.

  10. No boats shall be left on the beach or moored offshore between
    October 16 and May 1. Fines will be imposed otherwise.

  11. Questions should be directed to the Beach and Boating Committee chairperson.

SECTION 8 – KAYAK RULES

Sea Pines was granted permission in 2011 to build and utilize kayak racks for the seasonal storage of personal kayaks. In order to minimize impact to our coastal dune and to fully meet the conditions specified by the Brewster Conservation Commission and the Massachusetts Department of Environmental Protection, it is critical that all boat owners abide by the following rules:

  1. Kayak racks are for use only by Sea Pines owners and their registered tenants.

  2. All kayaks stored in the Sea Pines kayak racks must be registered and must display Sea Pines boating tags containing each owner’s name, Sea Pines address and phone number. The kayak registration sheet and boating tags are available in the Sea Pines clubhouse. Any unregistered or unlabeled kayaks will be removed from the kayak racks and placed on the beach.

  3. All kayaks must be stored on the kayak racks, on the beach, or moored in the water. No kayaks, boats or other objects may be stored on the dune at any time.

  4. Spaces in the kayak racks may not be reserved, except by special request to the Beach and Boating Committee for handicapped usage. Otherwise, spaces are to be used on a first-come-first-served basis.

  5. Each kayak boating tag must clearly include the Sea Pines owner or tenant’s name, Sea Pines address, and phone number. These should be PRINTED with the indelible marker provided in the clubhouse. Kayaks should be oriented in the racks such that the boating tags are fully visible when viewed from the front of the racks.

  6. The lower levels of the kayak racks are to be reserved for larger kayaks. Lighter, single-person kayaks should be stored on the upper levels of the racks.

  7. Kayaks should be “front-loaded” when being placed on racks. One end should be propped up to an available spot in front of the rack and then slid up into place.

  8. Once in place on the racks, kayaks should be flipped and stored upside-down so that they do not collect rainwater and become too heavy to remove safely.

  9. No sunfish or canoes may be stored on the kayak racks. This is a requirement of the Massachusetts Department of Environmental Protection. Sunfish can be kept on the beach or moored in the water with the prior approval of the Beach and Boating Committee.

  10. All foot traffic in the kayak rack area must be limited to within the designated walkways.

  11. Kayaks racks will be available only between May 15 and October 15 of each year.

  12. All boats and kayaks must be removed from the beach by October 15. Fines may be imposed otherwise.

  13. Questions should be directed to the Beach and Boating Committee chairperson.

SECTION 9 – BOAT REGISTRATION AND STORAGE RULES

Boating at Sea Pines is one of the many reasons homeowners have chosen our beautiful community. Utilizing Sea Pines’ common areas for boat storage is a privilege we all have, but rules regarding the registration and storage process must be followed to maximize the benefits for everyone. Please ensure that the following regulations are fully complied with on an annual basis. Also see the section above on Boating Rules including town regulations on mooring.

  1. Annual Registration of Boats

    1. In addition to the annual boat and mooring registration and permit requirements issued by the Town of Brewster, boats and trailers must also be registered before being stored on Sea Pines Common Space. Click here to register online, or do it manually using this boat registration form which are also available at the Clubhouse. Boats may be registered starting on March 1 of each year. The forms should be sent to the “Beach and Boating Committee” - the address and contact information is available on the bulletin board in the clubhouse and also on the registration form. Registrations can be emailed to boating@seapinesbrewster.com.

    2. Boat storage is available only for owners and tenants.

    3. All boats must be registered at the start of each season. Owners and tenants must indicate their plans for boat storage when registering their boats with the Boating Committee.

    4. Registration does not imply that there is available Common Space storage area. Winter and summer storage space is limited and is available on a first-come first-served basis. The Boating Committee will monitor availability and inform owners of whether storage space is available.

    5. Boats not registered with the Boating Committee must be removed by the owner.

  2. Use of Common Grass Area (across from the Clubhouse)

    1. Boats may be stored in the Common Area across from the clubhouse only between May 15 and October 15. Fines may be imposed otherwise.

    2. Only large boats may be stored in this area during the summer boating season – no kayaks, sunfish or other small watercraft may be kept here. Small watercraft should be stored in garages or in the designated boat storage area on the beach.

    3. Empty trailers should be stored in the area behind the pool (as outlined below) whenever possible. If there is not enough space behind the pool, trailers can be stored in the grassy area across from the Clubhouse in an orderly fashion between May 15 and October 15 with the prior approval of the Boating Committee.

    4. Boats should be stored in an orderly alignment, perpendicular to the parking lot and as close as possible to neighboring boats in order to use space most effectively.

    5. Owners will not be able to reserve specific spaces for their boats.

    6. Only boats that are actively used during the summer months may be stored in this location. This Common Area is not to be used as storage space for inactive boats. All inactive boats are to be stored off Sea Pines property during the summer boating season. Any inactive boats left in this area during the summer boating season must be removed by the owner.

  3. Use of Storage Area Behind the Pool

    1. Empty trailers for registered boats that are moored in the water may be stored here from May 15 to October 15. Trailers are to be arranged to maximize the limited space available, accommodating as many trailers as possible. All trailers should be clearly labeled with their owner’s name and contact information. Owners are expected to keep this area neat and orderly.

    2. Between October 15 and May 15, owners may store their boats and trailers in this area. Space is limited and is available on a first-come-first-served basis.

    3. No small watercraft may be stored in this area. Kayaks and other small personal watercraft must be stored in garages or off site during the off-season.

    4. Sunfish may be stored in this area during the winter. All sunfish are to be stored on their sides to maximize the limited space available for winter storage. No wheels, dollies or other similar accessories should be stored here.

    5. This Common Area is not to be used as storage space for unregistered boats. All unregistered boats are to be stored off Sea Pines property. Any unregistered boats left in this area must be removed by owners.

  4. Monitoring of Common Areas

    1. The Boating Committee will monitor boat registration and storage in the Common Areas

    2. Owners who fail to comply with these regulations will lose the privilege of storing their boats and trailers in these areas, and may also be subject to fines or other enforcement actions by the Sea Pines FMB.

  5. Liability

    1. Each owner is responsible for any damage or loss of watercraft.

    2. Sea Pines assumes no liability for watercraft stored by owners on Sea Pines property. The Sea Pines FMB reserves the right to move boats and trailers as needed for public safety reasons without liability.

  6. Questions should be directed to the Beach and Boating Committee chairperson.

SECTION 10 – BEACH RULES

  1. The Beach is for the use of Unit Owners and their tenants and guests.

  2. All traffic to and from the beach must be ONLY by the marked path and stairs off Sea Pines Drive. If possible, walk to the Beach area, as parking in the vicinity of the Beach path entrance is VERY limited.

  3. All applicable rules and regulations of the Brewster Conservation Commission are to be followed regarding walking on the dunes, beach grass or other natural flora.

  4. Space is provided in the storage shed by the beach path for the storage of beach chairs on a seasonal basis only.

  5. Dogs prohibited on beach from June 15th through and including Labor Day. Dogs brought to a boat must be carried if possible or walked directly to the boat while on a leash.

  6. Smoking of any kind is prohibited on the Sea Pines beach during daylight hours (meaning dawn to dusk) beginning Memorial Day and continuing to and through Labor Day.

  7. Questions should be directed to the Beach and Boating Committee chairperson.

SECTION 11 – BEACH FIRE RULES

Having a beach fire is a wonderful part of the Sea Pines experience that makes our bay side community so unique, but numerous concerns have been voiced to the FMB regarding safety, noise, and large amounts of fire debris left on the beach after a beach fire. To keep the full Sea Pines experience alive, the FBM voted to overturn the ban on beach fires, but in doing so, has determined that the following Beach Fire Regulations must be implemented to the satisfaction of the Sea Pines community to allow beach fires to continue in the future. A failure on the part of those having beach fires to comply with these regulations will result in individual loss of the privilege to have a beach fire and will cause the FBM to once again consider imposing a beach fire ban.

These Beach Fire Regulations were developed to prevent damage to the surrounding environment and Sea Pines property in general, respect the rights of home owners to a peacefully surrounding and to ensure that our beach remains clean and safe for all users. To meet these objectives, the following Beach Fire Regulations have been approved by the FMB.

General
As part of the FMB’s reconsidered position on beach fires, it has been decided to limit beach fires to ONLY Friday and Saturday nights from Memorial Day weekend until Labor Day, and limit the number of beach fires per night to three fires. The only exception to this will be on the Fourth-of-July when beach fires may be conducted as usual, however, post-fire cleanup as defined in these regulations will remain a requirement. All fires will be planned such they are fully burned by 12am (midnight) with all fire debris removed from the beach by 9am the following day.

Based on the nightly wind conditions, it will be at the discretion of the Beach Committee to determine whether beach fires can be safely enjoyed, or whether they need to be postponed to another night.

Beach Fire Registration

Advanced beach fire registration is required for all fires. Registration is to be accomplished in advance of the planned fire for the following week by contacting Dawn Giglio (Cell 781-710- 6772) (245 Sea Pines Drive). Dawn will provide you with a 5 gallon bucket that is to be kept full of water at the fire location for safety purposes as well as final extinguishing of the embers. To obtain one of the three buckets issued per night, Dawn will require that you surrender your driver’s license or some other form of official identification, which will be returned when the bucket is returned to her the next day.
In addition to registering in advance for the beach fire, the home owner shall obtain a beach fire permit from the Brewster Fire Department and have the permit on their person during the beach fire.

Beach Fire Locations

The three approved beach fires will be built in locations on the beach in the area adjacent to three stakes that will be positioned on Friday and Saturday nights by the Beach Committee.

Building the Beach Fire

The following process shall be followed by the home owner as they prepare for and enjoy their beach fire:

  1. The fire shall be built on the top of the natural beach and NOT in a pit.

  2. The burning logs of the beach fire shall be limited in height to no more than 18 inches at any one time.

  3. The home owner will be responsible for the fire and shall remain with the fire until it has burned down to a glowing coal state with no open flame visible. Once the fire has reached this state, the home owner shall douse the coals with water to an extent that fully extinguishes the fire and ensures the safety of any individuals that may walk through the area during the late evening. A burning fire shall never be left unattended by the responsible home owner.

  4. The fire shall NOT be buried with sand prior to leaving the beach on the evening of the fire.

Post-Beach Fire Clean-Up
The home owner responsible for the beach fire shall be responsible for clean-up being completed no later than 9am on the day following the beach fire:

  1. Prior to removal of the fire debris, ensure that the debris has adequately cooled such that it can be safely handled and disposed of. If necessary, douse the fire with water again prior to clean-up.

  2. All remaining fire debris shall be removed from the beach including any un-burned logs, charcoal and ash, with no fire debris pieces remaining on the beach.

  3. No fire debris is to be disposed of in the trash cans adjacent to the beach path. All fire debris is to be removed from the beach in a trash can liner that is disposed of in your local trash shed near your unit only.

  4. During beach fire clean-up, any remaining trash in the beach fire area shall also be removed from the beach by the home owner.

  5. Once the fire area is fully cleaned, the bucket is to be returned to Dawn Giglio (245 Sea Pines Drive) at which point your license will be returned to you.

  6. The beach committee will inspect the beach fire areas to determine whether the cleanup achieved its objective. The Beach Committee is authorized to contract the home owner and request further cleanup if the site was not completely cleaned.

  7. If the beach fire regulations are not followed than individuals will lose the privilege to enjoy future fires for a period of time to be determined.

Beach Committee Oversight of the Beach Fires
Members of the Beach Committee will be available during the weekend beach fires to ensure that the beach fire regulations are complied with and that the noise level is kept within a reasonable level. Noise has been a particular problem in the past, and attention should be paid to ensuring that fellow Sea Pines owners are not unduly disturbed.

Beach Committee members will also be looking for the 5 Gallon bucket as an indication that the fire was properly registered at Sea Pines for that evening and that the fire is being enjoyed by Sea Pines residences only. Fires that are being made without the presence of the required bucket will be assumed to have been made by non-Sea Pines individuals who will be asked to leave the beach immediately after extinguishing their fire.

SECTION 12 – SIGNAGE RULES

All provisions of Sea Pines Condominium 1, 2, 3 and 4 Association By-Laws (Article XIV, General Provisions, #9) continue to apply:

No “For Sale,” “For Rent,” or “For Lease” signs or other window displays or advertising shall be maintained or permitted on any part of the Property or in any Unit therein nor shall any Unit be used or rented for transient, hotel or motel purposes.”

When unit owners attempt to sell their unit, Open Houses are often held. While we will be diligent to maintain the attractiveness of Sea Pines and not allow general signage of any type, it is appropriate to permit limited directional signs to open houses to prevent potential buyers from having to drive up and down each street in an attempt to find the open house.

Open House Signs (only) may be displayed within Sea Pines under the following conditions:

  1. Signs must be professionally made Realtor “Open House” signs or “For Sale By Owner Open House” signs professionally/commercially made. Hand written signs are not permitted. Signs can be no larger than 24” X 24”.

  2. No more than three signs per open house are permitted.

  3. One sign may be placed at the corner of Sea Pines Drive and the street/driveway on which the open house is being held; and, one sign may be placed directly in front of the unit for sale. No signs may be placed between the Club House parking lot and Route 6A. No other sign placement is permitted.

  4. Signs may be displayed only on Saturdays and Sundays from 11am – 5pm.

  5. Other signage or attention getters (streamers, balloons, etc.) are not permitted.

  6. Violation of the rules and regulations will result in removal of the signs from Sea Pines and may result in the prohibition of future use of signs at Sea Pines by the offender.

  7. Any questions as to the appropriateness of specific “Open House” signage or compliance with this policy shall be determined solely by the Sea Pines Facility Management Board and its Managing Agent.

SECTION 13 – RECEPTION ANTENNA POLICY

  1. Definitions

    1. Reception Antenna means an antenna, satellite dish, or other structure used to receive video-programming services intended for reception in the viewing area. Examples of video programming services include direct broadcast satellite services, multipoint distribution services, and television broadcast signals. The mast or pole supporting the Reception Antenna, cabling, supports, guy wires, conduits, wiring, fasteners, bolts or other accessories for the reception antenna or similar structure are part of the Reception Antenna. A Reception Antenna that has limited transmission capability designed for the viewer to select or use video programming is a Reception Antenna provided that it meets Federal Communications Commission standards for radio frequency radiation. Structures similar to Reception Antennas are any structure, device, or equipment that is similar in size, weight, and/or appearance to Reception Antennas.

    2. Transmission Antenna means any antenna, satellite dish, or structure used to transmit radio, television, cellular, or other signals other than Reception Antennas. A Transmission Antenna, which is used solely in conjunction with a Reception Antenna, shall be considered a Reception Antenna for the purpose of this policy.

  2. No unit owner or tenant shall install a Reception Antenna on any portion of the common areas (which includes the external sides of a unit) without an approved variance from the Grounds Committee.

  3. A Reception Antenna shall not encroach upon the air space of another owner's unit or limited common area.

  4. Before a Reception Antenna is installed, the site of installation MUST be approved by the Grounds Committee. The unit owner shall submit an Application for Reception Antenna Installation and a variance request to the Board at least 30 days prior to the proposed installation date. The site of the installation shall not infringe on the structural and watertight integrity of the Condominium. The Reception Antenna, once installed, shall not be visible from any Sea Pines common road, driveway, walkway, the beach or visible from inside any other unit.

  5. Reception Antenna shall be no larger than necessary for reception of an acceptable quality signal. Under no circumstances shall Reception Antennas for direct broadcast satellite services or multipoint distribution systems be larger than one meter (39.4") in diameter.

  6. Reception Antenna may NOT be installed on roofs. Connections of wiring must be through a part of the building nearest the installation that is defined in the Master Deed as being part of the unit, such as the frame or the glass of the nearest window or sliding glass door or the unit, and may not be connected through general common areas, such as the building walls. All wiring shall be run so as to be as inconspicuous as possible. If a unit owner wishes to run wiring through a common area such as an exterior wall, this must be in strict compliance as established by the Grounds Committee to ensure the structural and watertight integrity of the Condominium and must be specifically approved by the Grounds Committee. Upon removal of the Reception Antenna, common area must be restored to its prior original condition.

  7. Any unit owner who owns or uses a Reception Antennas, and the unit owner of a unit where a tenant lives, is responsible for all costs associated with their Reception antenna including, but not limited to:

    1. costs to repair, maintain, remove, and replace the Reception Antenna,

    2. repair damages to the common elements, the unit, other units, and other property caused by the installation, existence, or use of Reception Antenna,

    3. pay for medical expenses incurred by any persons injured by installation, existence, or use of the Reception Antenna, and

    4. other damages caused by the installation, existence, or use of the Reception Antenna. If the installation is made by a contractor, the unit owner shall ensure that the contractor has liability insurance in the minimum amount of $500,000 and worker’s compensation insurance and that the Condominium is named as an insured.

  8. Unit owners shall not permit their Reception Antenna to fall into disrepair or to become a safety hazard. Unit owners shall remove the Reception Antenna when its use has become abandoned.

  9. The unit owner is responsible for the immediate removal of the Reception Antenna if it must be removed for the repair, painting, or maintenance of the area where it is installed. The Grounds Committee shall attempt to provide reasonable notice of the need for such removal. If a unit owner fails to timely remove their Reception Antenna when requested, the Grounds Committee may do so at the unit owner's expense.

  10. In the event of a violation of this policy and its provisions, the FMB may bring an action for declaratory relief with the Federal Communications Commission (FCC) or any court having jurisdiction over the matter. The Condominium shall be entitled to payment of fines, reasonable attorneys' fees, and costs and expenses as provided by applicable law if this policy and its provisions are validated. In addition, injunctive relief may be obtained.

  11. If any of the provisions of this policy are ruled to be invalid, the remainder of the provisions shall remain in full force and effect. The FMB may amend this Reception Antenna Policy and its provisions from time to time as provided for in the By-Laws. This policy and its provisions supersede any applicable policies and/or rules previously adopted.

SECTION 14 – PROPANE GAS POLICY

  1. A variance request submitted to and approved by the Grounds Committee must be used for the installation of propane tanks at Sea Pines. These requests must satisfy the following conditions.

  2. The Variance Request must include a detailed installation plan showing the unit in question, the proposed location of the propane tank, and those units which could see the tank.

  3. The permanent installation will be a 120 gallon tank. The Board, however, may consider approval of a smaller tank only if conditions will not allow installation of a 120 gallon tank. For example, a 100 pound tank may be considered if there are neighbors who have sight-line issues with the larger installation. The 120 gallon tank would be filled by the gas company to 80% of its capacity and is 53.5 inches high with a 30 inch diameter. A 100 pound tank has a 25 gallon capacity and is 46.5 inches high with a 15 inch diameter.

  4. All tanks must be leased, not purchased, by residents.

  5. Buried tanks are not permitted.

  6. Tanks must be refilled at their installed locations by a delivery truck or delivered prefilled and installed by the delivery service.

  7. Tanks must be shielded from view with a privacy fence or shrubs.

  8. Home owners must state the intended use of the gas.

    1. Gas cooking and/or

    2. Gas fireplace

      • Standard vented fireplace

      • Ventless fireplace

    Note that if the FMB decides to eliminate a chimney in a unit with a gas fireplace then the association will not be responsible for restoring a chimney at a later point in time.

  9. The homeowner must prove to the FMB that the installation will meet all state and town regulations.

    1. The Commonwealth of Massachusetts requires that the tank be external and be placed no closer than three feet from a door or a window and no closer than ten feet from an ignition source (e.g., an AC unit.)

    2. The Town of Brewster requires a permit before final approval is granted. The Town follows the state regulations and requires that a licensed gas fitter install the tank and connectors.

    3. These approvals must accompany the Variance Request and/or be supplied to the Property Manager when they are delivered to the Unit owner.

SECTION 15 - RENTALS

See the Bylaws for the specific rules for rentals and leases. Below is a summary of those rules which were written specifically to discourage short-term rentals.

  1. A Unit may not be rented/leased for less than one month.

  2. A Unit may not be rented/leased more than once in each calendar quarter.

  3. All leases/rentals require notification to Mercantile Property Management in advance. Rent/lease forms are available from the Property Manager.

  4. As required by the Brewster Police and Fire Departments, Unit Owners who intend to allow non-family members (i.e., guests or friends) to occupy their unit when the owner is not present MUST ADVISE THE MANAGING AGENT IN WRITING.

  5. It is the Unit Owner's responsibility to ensure that their guests, tenants, and friends are aware of and abide by the Rules and Regulations regarding the Common Areas.

  6. Unit owners are responsible for the behavior of their renters and guests.

Schedule of Fines for Violation of Rental Rules (January 1, 2008)

These fines will be assessed against the Unit Owner:

  1. For failure to deliver to the Managing Agent the completed Rental Notification with all information required by the form prior to a tenant taking possession of a unit, a fine of $200 plus $100 per day until the properly completed Rental Notification form is delivered to the Managing Agent.

  2. For tenant behavioral issues or other infractions requiring the intervention of the FMB or the Managing Agent, after the first intervention, a fine of $150 per intervention for the duration of the defined rental period. Each intervention shall be communicated to the Unit Owner by certified mail, email (if possible) and phone. The inability to contact the Unit Owner does not excuse the Unit Owner from the fine or their responsibility to ensure their tenants adhere to the Bylaws and Rules and Regulations.