RULES AND REGULATIONS OF AVIAN PLACE

(Revised February, 2023)

The rules and regulations below are to be used for informational purposes only. Please refer to your printed copy of Avian Place rules and regulations for additional information or clarification. Click here to download a PDF copy of Avian Place Rules and Regulations.

Clubhouse

The clubhouse may be rented by owners only. The clubhouse will not be rented to any tenants of owners or non-residents of the community. Please note that an owner cannot rent the clubhouse for use by a tenant.

There is a $100 non-refundable fee. The renter is responsible for cleaning the clubhouse after the event. The renter is responsible for any damages or cleaning expenses incurred by the association following the event.

Common Areas

Fishing is allowed in the lakes. Boats and jet skis are not allowed. Swimming is not allowed in any of the lakes. Please be aware that alligators may be present in the lakes.

Many Common areas are secured and cannot be accessed without a fob. Please do not grant access to secured areas for people who do not have a fob on their person.

Please treat the common areas of our community respectfully while using them.

Community Life

We live in attached villas. Although separate, we are joined by a common wall between the villas. Noise from your villa can transfer into the next house very easily. Slamming cabinet doors, playing loud music, TV levels too loud, and barking pets are common complaints among residents. Noise levels should remain lower from 10 p.m. until 8 a.m. Remember: sounds are amplified over water. Even speaking loudly on your lanai can travel across the lake and awaken others. Please be very considerate of your neighbors and keep noise to a minimum after 10 p.m. Close your sliding doors if you have loud guests over.

Fitness Room

The exercise room is available 6 a.m. until 10 p.m. Children under 18 are not allowed without adult supervision. Please treat the exercise equipment with respect and return equipment and weights to their original place. Do not remove anything from the room! Please turn off the TV, lights, fans, wipe down equipment, and lock the door when you leave. Remember, using the Fitness Room will require a security fob.

Garbage and Recycling

Garbage and recycling are currently picked up once a week on Thursday.

Green garbage cans and blue recycling bins can be placed in the skirt (corner of apron) of your driveway no earlier than 5pm Wednesday and should be removed from the curb by Thursday evening. Garbage and recycling cans should be stored either in your garage or on the side of the house as inconspicuously as possible. Please be careful of shrubs when you store them on the side of your home.

Boxes should be broken down, cut into manageable sizes, and bundled flat with string. Place in your recycle container or in the apron of your driveway on Thursday mornings.For trash day, be careful to place your cans away from your mailbox as the arm of the garbage truck can hit our mailboxes if the can is too close.

Recycling saves money. Call the City of Fort Myers Solid Waste Division at 239-321-8100 to request a free 65-gallon recycle container on wheels. Large item (furniture/appliance) pick up day is Thursdays. For a list of items that can/cannot be recycled, go to the City of Fort Myers recycling webpage for more information.

Thursdays are the days for large items to be disposed of and collected—Furniture, TVs, larger items, green waste, etc. Place items on the apron of your driveway Wednesday evening or Thursday morning. DO NOT place these items out until that time.

Avian Place residents/renters are NOT allowed to use the trash compactor located at the corner of Milan and Liron streets. It is strictly for the use of Province Park condo owners/renters. Their Condo Association pays by the pound to have the dumpster emptied each month. This is not our dumpster.

Golf Carts (rev. March 2023)

Golf carts for Eastwood Golf Course are provided at no charge (via reimbusrement) by the Master Association (one half-cart per owner, and a limit of 4 half-carts per day). To obtain a cart, come to the clubhouse after 8:30 am, after you have a confirmed tee time from Eastwood Golf Course at 239-321-4787. Cart passes are limited to owners (names on lease) only and also limited to 2 passes per week per person. No other family members are permitted. Only one pass per family per day.

NOTE: we have 50 (1/2 carts) cart passes per month--once the cart passes are used up for the month, there are no more available until the start of the next month.

Landscaping

Grass, shrubs and plantings are maintained by our landscaping service. They also provide fertilizer and insect control. Please do not allow children and pets to play in and around shrubs. Removal or planting of trees, plants and shrubs is not allowed without prior approval. A Landscaping Review Committee Request for Modification Form needs to be filled out and approved by both the Landscaping Review Committee and the BOD. The form can be found by using the link above, on the Documents and Forms page or can be obtained from Schoo Association Management LLC. Please allow 8 weeks for submission and approval.

Furniture, toys, pools, play sets, and grills are not allowed to remain indefinitely in your yard or driveway. Those items being used on your lawn need to be placed inside at night to prevent theft and keep our community looking neat.

Leasing and Renting

Before renting a villa, all renters and their leases must be approved by the Avian Place and Province Park boards. Renters must submit a Rental Application Packet and submit to a background check. The packet can be found using the link on this page, on the Documents and Forms page or obtained from Schoo Association Management, LLC. Pet restrictions and pet fees also apply. Please see the Rental Application Packet for details regarding fees and pets. Owners leasing their villas must be current on ALL HOA-related fees before rental applications will be approved. Please refer to the Schedule of Fees for rental application and other applicable fees.

Please submit new rental application packets as early as possible before the start of lease. Lease renewals submitted less than 30 days prior to expiration of existing lease will be subject to a $100 administration fee. A lease term cannot be for less than 30 days and cannot exceed 365 days. Windshield stickers and fobs to access the community gated entrance and secured common areas will not be issued unless a current signed and approved lease is on file. The stickers and fobs will automatically be de-activated at the end of a lease period. A new lease will be required to allow continued activation of stickers and fobs!

Miscellaneous

Be advised there may be alligators in both the lakes and canals by our homes. You may want to keep children and small dogs away from these areas.

Residents who violate restrictions or board rules and regulations can be issued violation letters and possible fines. Fines are $100 per day until the offense is corrected. The maximum fine per single offense is $1,000.

Parking and Gate Access

Parking is restricted to driveways ONLY! It is a violation of the Americans with Disabilities Act to park over a sidewalk. There is NO parking on grass, or on the street and this includes the cul-de-sacs. Fire trucks must be able to negotiate these narrow turns! Province Park has 24-hour towing, provided by Red's Towing, and there are no warnings. Parking for parties and family gatherings can be accommodated by parking at the clubhouse and shuttling guests, asking guests to car pool--which reduces the number of cars needing to park--and asking neighbors if cars may temporarily park in their driveways during the event.

Entrance Gate: Entrance to Province Park is through the Envera security system. Owners and renters may purchase windshield stickers ($17 each/limit 2 per villa) and fobs ($12 each/limit 2 per villa). The windshield stickers allow residents to pass by a sensor for entry. Guests must insert their driver's license and be on a list of registered guests. Fobs allow access to the pedestrian entrance gates, pool gate, clubhouse hallway, fitness room, and bathrooms. Stickers and fobs are deactivated when a home is sold or a lease term ends

Pets

Please refer to the Avian Place Rules and Regulations and Schedule of Fees regarding pets. All pets entering Avian Place must be pre-approved. All dogs must be on a leash when they are not inside your home and outdoor pet waste should be cleaned up immediately. All cats must be indoor cats only. Pets left alone for long periods of time can also become a nuisance as barking and scratching can become irritating very quickly. Pets should never be left on lanais or tied outside. Ropes and leashes can damage trees and shrubs, and the combination of barking and pet waste can interfere with your neighbors ability to enjoy their lanais. Do not walk dogs behind or between homes. Some neighbors have complained about owners who walk their dogs between houses and don't take care of the pet waste.

There is limit of two dogs per household, with large breeds or aggressive dogs not permitted. Renters may not have dogs weighing over 35 pounds. If a pet is a nuisance, contact Schoo Association Management, LLC and/or call Lee County Animal Control 239-533-7387.

Reminder: There may be alligators in both the lakes and canals by our homes. You may want to keep children and small dogs away from these areas.

Pool

The community pool is open dawn to dusk. Everyone is expected to follow ALL rules for their own safety and the safety of others.

  • There is NO smoking in the pool or on the pool deck. Smoking is permitted outside the pool area. Please use the receptacles provided for safe disposal of cigarette butts.
  • There is NO alcohol allowed on the pool deck. Please have a covered top for your beverage. (Be under the covered area or in your lounger).
  • NO cooking, NO glass, and NO pets allowed in or around the pool deck.
  • Children under age 14 must be accompanied by an adult to supervise them at the pool.
  • NO diving, NO jumping, NO running on the pool deck.
  • Special swim diapers are required for all babies and children under 2 years of age or not potty trained. Restrooms are located just off the pool deck. Your fob will allow you access to the restrooms in the clubhouse hallway.
  • Please do not allow pool access to others without a fob for the safety and security of all residents of Province Park.
  • Four guest limit per family: If you are going to have a gathering, please inform the clubhouse office. Please keep bookings to 2 hour increments in consideration of others.

Villas

Architectural changes to your home need an Architectural Review Committee (ARC) Request for Modification form filled out and approval from both the Architecture Committee and Avian Board.

Painting requests: Before undertaking the painting of your home you must complete a Painting Request Form and receive ARC and Board approval. Only use licensed and insured contractors. These forms can be found online using the link above, on the Documents and Forms page or can be requested from Schoo Association Management, LLC. Villas must be painted every ten years or earlier, if desired. The Avian Place board has the painting schedule of all villas. Please contact the board if you have questions about when your villa needs to be painted. Once you've submitted a painting request, please allow approximately 8 weeks for the entire approval process to occur through Avian Place BOD. Do not start any work until all forms have been submitted and approved.

The City of Fort Myers regulations must be followed and permits must be obtained before architectural work starts. Permits are not required for painting. Schoo Association Management, LLC has painting quotes from four different vendors. Contact them for more information.

Below is a list of the major mandated design elements that must be followed with respect to villas:

  • Exterior Paint Colors - (click here for mandated paint colors by house number)
  • Roof Shingles - GAF Timberline HD color Weathered Wood shingles
  • Exterior Garage Light Fixtures - Progress Lighting P5738-31 21" Tall Outdoor Wall Sconce
  • Hurricane Shutters - must be white
  • Lanai - Framework and doors must be white
  • Front Entryway Screening - Framework and doors must be white
  • Exterior Lights Adjacent to Garage Door - Progress Lighting P5738-31

Visitors and Guests

Guests are expected to also follow all Avian Place and Province Park rules and regulations. It is both the homeowner’s and renter’s responsibility to convey these restrictions to any guests. Any guests staying in your home while you are not present must complete a Guest Approval Form. Any guests staying in your home for more than 14 days while you are not present must complete a Rental Applicaton Packet and pay all the associated fees.

Please inform ENVERA if you are having guests or any deliveries so they may permit their entry onto the property. If you are having any work done by a contractor you should also notify ENVERA of their intended arrival that day. Call ENVERA at 877-936-8372 or visit their website www.myenvera.com (using your user name and password).

Guests on your list can be one time (delivery), temporary (multi-day visitor) or permanent (friends and family). ENVERA has a downloadable mobile device app that can be used to inform ENVERA of those requiring access to the community to come to your home. You may find this more convenient than having to call ENVERA or log in with a computer to notify them of visitors.

Amenities: The Master Association is responsible for most amenities in Province Park. The manager is Schoo Association Managment LLC. Their main phone number is 239-362-3091.