GLOUCESTER
A:
ADDENDUM TO TRANSFER APPLICATION:
NO-PET ASSOCIATION
This condominium association
does not allow pets to be harbored in the unit or to be on the association's property. Vistors, lessees or guests may not
have pets in the unit or on the association's property. Bringing a pet into a pet-free condominium may result in a fine and
removal of the pet(s), in accordance with condominium governing documents.
Unit Owners must acknowledge
that all exterior alterations or improvements done by any previous owner are their responsibility to maintain, repair
and insure at their expense. This includes, but is not limited to; concrete slabs, enclosed or screened lanais, bushes
or trees. If a concrete slab was poured over existing irrigation lines, homeowner will bear the expense of moving such line
should it break.
Owners may view their file or
request copies of any prior Allteration or Improvement by calling The Continental Group at 642-8990.
Unit Owners are responsible
for reading and becoming familiar with the restrictions, rules and regulations of our condominium association.
__________________________________________________________
GENERAL INFORMATION: Under the ADA: Certain disabled unit owners, with a Doctor's Specific
professional diagnosis, are allowed to have a Service, Companion or Therapy Animal will refer to singular
(1) or plural (2) animal(s). Any change of Animal will require a new Agreement to be executed.
__________________________________________________________
(NOTE****This is a
"SAMPLE COPY ONLY" of the Agreement.)
AGREEMENT
PLEASE READ ENTIRE AGREEMENT
BEFORE SIGNING
SERVICE, COMPANION OR THERAPY
ANIMAL AGREEMENT
Name(s)__________________________________________________
Unit Address______________________________________________
OF GLOUCESTER A CONDOMINIUM
ASSOCIATION, INC., SUN CITY CENTER, FLORIDA 33573.
Identification of Service animal:
( ) dog or ( ) cat currently being kept at the above location.
Identification: ____________________________________________
Breed, Color, Age, Weight (at
maturity), Name
This Service, Companion or Therapy
Animal Agreement is entered into by and between the above-identified condominium unit owner(s) (hereinafter called
"Owner") and The Continental Group, as the Management Firm and as agent on behalf of the condominium association for the above-identified
condominium (hereinafter called "Manager"). Service, Companion or Theraphy Animal will refer to singular (1) or plural (2)
animal(2) animal(s). Any change of Animal will require a new Agreement to be executed.
WHEREAS: Owner owns the above-identified
house animal and
WHEREAS: The Manager has the
responsibility for the maintenance of the common elements in the above-identified condominium as well as the responsibility
for the enforcement of the rules and regulations set forth in the Declaration of Condominium: and
WHEREAS: Owner acknowledges understanding
of the restrictions and requirements of this Agreement as follows;
NOW, THEREFORE, in consideration
of the foregoing premises, Manager and Owner hereby specifically agree as follows:
1. Manager shall enforce this
Service, Companion or Therapy Animal Agreement pursuant to the terms hereof, and the decision of Manager to charge a penalty
fine or to make a decision to repair damage shall be in the sole discretion of Manager and shall be final. If it should become
necessary for Manager to utilize the services of an attorney for appropriate action to enforce any provision of this Service,
Companion or Therapy Animal Agreement, Owner agrees to pay all costs and expenses reasonably incurred including but not limited
to, attorneys' fees and costs of demand or litigation associated therewith. Owner agrees to pay all costs upon demand.
In consideration for being permitted
to keep a Service, Companion or Therapy Animal(s) in accordance with the foregoing provisions, Owner specifically agrees to
indemnify and hold harmless the Manager from and against any and all manner of actions, causes of action, law suits, debts,
claims, damages, judgments and any other liability or matter arising in law or in equity directly or indirectly as a result
of this agreement or the keeping of the Service, Companion or Therapy Animal in the unit, the property of the condominium
and the Kings Point complex.
2. Owner agrees to abide by and
follow the rules and regulations regarding the Animal:
a. A Service,
Companion or Therapy Animal shall not be permitted to defecate or urinate on any area defined as a common element, limated
common element or other properties at Kings Point except within the designated areas.
b. A Service , Companion or Therapy Animal shall be kept on a leash at all times when such Animal is outside of Owner's unit.
c. Owner shall not allow a Service, Companion or Therapy Animal to be a nuisance or disturb neighbors by barking or causing
other loud noises or by otherwise interfering with the rights, comforts or conveniences of other unit owners or their tenants.
d. A Service, Companion or Therapy Animal shall not be permitted to cause damage or destruction to any unit or to cause
damage or destruction to any of the common elements, limited common elements or properties in the Kings Point complex.
e. A Service, Companion or Therapy Animal shall be exercised only in the designated pet exercise areas or outside of the Kings
Point complex.
3. Any complaints of damage caused
by the Animal from other unit owners shall be submitted to the Manager in writing and shall be verified by the Manager's
employees or Kings Point guards. Any employee of the Manager and/or a Kings Point guard may also file written damage complaints.
Manager shall determine the amount of damage and notify Owner in writing to make the necessary repair or replacement. Owner
will pay amount of damages within fifteen (15) days from the date of such notice. Payment for damages pursuant hereto
shall not be in lieu of any right of action which the person sustaining the damage shall be entitled to independently.
4. Complaints not involving damages
submitted to the Manager by other unit owners at Kings Point shall be in writing and shall be verified by Manager. Such complaints
may also be submitted in writing by Managers employees or Kings Point guards.
5. Each Animal complaint submitted
under paragraph 3 or 4 filed by an employee of the Manager or a Kings Point guard, and shall constitute an infraction for
purposes of this paragraph. Each verified comolaint under either paragraph from other sources shall be an infraction
hereunder. Manager shall take action with regard to such infractions as follows:
a. First infraction: Manager shall notify Owner of infraction in writing.
b. Second infraction: Manager shall notify Owner in writing warning that the
next infraction will cause a penalty fine to be assessed.
c. Third infraction: Manager shall notify Qwner and assess
an amount up to the maximum allowed under the applicable provisions of Section 718.303, Florida Statutes, as a penalty fine
which Owner shall forfeit and not be entitled to recover. However, such fine shall not be levied until Qwner has received
written notice of the infraction in accordance with Section XIX (H) of the Declaration of Condominium for the Owners
condominium. Such notice shall give Owner the opportunity to request a hearing before a committee of Owner's, created pursuant to Florida
law, at a time and date which shall not be more than thirty (30) days after the date of such notice.
d. Fourth
infraction: Manager shall notify Owner that this Agreement is terminated and shall demand that the Animal, as applicable be
removed from the premises within thirty (30) days from notice. Prior to taking the action contemplated in this subparagraph,
Owner shall have the same opportunity for notice and a hearing as provided in subparagraph (c) above.
Infractions for purposes of this
paragraph shall cumulate only on the basis of separate twelve (12) month periods with each new period commencing on the
annual anniversary date of this Agreement ("Infraction Period"). In other words, the number of infractions in any Infraction
Period shall not be carried forward into the next Infraction Period for purposes of the enforcement of this paragraph.
6. This Service, Companion or
Therapy Animal Agreement shall be executed in duplicate copies and Owner's copy shall constitute the permit for the
keeping and harboring of the Animal until the same shall be terminated by Manager in accordance with the terms hereof
or terminated upon the death of the Animal or removal of the Animal from the Owner's unit.
This Service, Companion or Therapy
Animal Agreement and the permit it represents is not assignable by the Owner.
Owner Agrees to abide by all state
and local animal ordinances. An overview of Hillsborough County Ordinancies is attached. The complete statute is availablethrough
Hillsborough County Animal Services.
The Agreement may not be altered
or changed in any way. Animal Services-Hillsborough County.
Select features found in the Animal
Ordinance which will affect pet owners or the general public are:
* All dogs,
cats, and ferrets four months of age or older must be vaccinated against rabies by a veterinarian and be registered with the
department. This provision provides for local enforcement of state law which now requires ferrets to be vaccinated against
rabies.
* All dogs will be required to
wear the rabies tag when outside. Cats, when outside, will be required to wear the tag or to be micro chipped, or have
an ear tag that can be used to identify the cat so the owner can be traced. Dogs and cats while participating in a sanctioned
event, will not be required to wear the tag. This provision will better enable a person bitten by a dog or cat and public
health authorities to know if the animal has a current rabies vaccination. This will also aid in getting lost pets and their
owners reunited.
*Excluding public right-of-way on an owner's private property, no dog or cat
shall be allowed to stray, run or go, at large upon any public property or street, sidewalk, park, or on the private prooerty
of another without the consent of the property owner. Any cat routinely outdoors while not under direct control must be sterilized.
This will better protect the private property rights of our citizens who do not want dogs or cats on their property. It will
help reduce problems that can result from outdoor pet cats indiscriminately breeding. It will also likely result in, over
time, a higher percentage of pet cats being kept indoors; thereby reducing the health and safety risks to which outdoor cats
are exposed.
* Dogs or cats in heat, when not in proper enclosure, must be under the direct
supervision of a responsible individual so that the dog or cat is not allowed to unintentionally come into contact with a
male dog or cat and breed. This provision will help prevent unwanted litters of puppies and kittens that contribute to our
tragic dog and cat overpopulation problem.
* Any feces deposited by a dog,
cat, or pet pig on public property, public walks, and recreation areas or the private property of others must immediately
removed by the person who has custody or control of the animal. This provision will help reduce the health and nuisance problem
created by dogs and cats that have been permitted to defecate on the property of others.
* No person will transport on any public highway, roadway or thoroughfare
any animal in a vehicle unless the animal is safely confined or tethered to prevent the animal from falling or jumping from
the vehicle. This provision will reduce the potential danger to people and animals that could be caused if an animal were
to fall onto a busy public road in our county.
* It will be unlawful to strike
or interfere with a service animal while performing its duties. This will help prevent someone from interfering with a service
animal that is assisting, for example, a deaf or visually impaired person.
767.04 Dog owner's liability for damages to persons bitten.
The owner of any dog that bites any person is on or in a public place, or lawfully
on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten,
regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. However, any negligence on the
part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of
the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully
upon private property of such owner within the meaning of this act when the person is on such property in the performance
of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States,
or when the personis on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable,
except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of
the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises
a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and
cumulativr with any other remedy provided by statute or common law.
IN WITNESS WHEREOF, the undersigned executed this Service Animal Agreement
on this_________day of____________________.
20________.
NAME(S)
Signature_____________________. Signature____________________.
STATE OF____________________.
COUNTY OF__________________.
The foregoing insstrument was acknowledged before me this________. day of___________________.
20_______.by_______________________. He/She ( ). is personally known to me or ( )
has produced______________________________. as identification.
My Commission Expires:
(AFFIX NOTARY SEAL) Signature__________________________.
__________________________________________________________.
(This section to be filled out by the Association)
ASSOCIATION APPROVAL
Signature____________________.
Print Name , Title and Date___________________________.
(THIS IS A SAMPLE COPY ONLY)
Eugene McElroy,
President Gloucester A,
