community information at a glance - artemis lifestyles | community … · 2020. 3. 3. · community...

3/2020

Community Information at a GlanceDear Homeowner(s):

Congratulations on the purchase of your new cottage in the Margaritaville Orlando Resort! Rolling Oaks Splendid, LLC, located in Margaritaville, has engaged Artemis Lifestyles to manage the day-to-day and strategic affairs of the community

Again, welcome to the Margaritaville Resort experience!

General Community ServicesThe Margaritaville community has been designed to make your ownership experience as care-free and as enjoyable as possible. This communal approach to services benefits all homeown-ers both by taking advantage of its unique bulk buying power and by ensuring a uniform main-tenance standard and schedule across all cottages in the community. The following services, provided on a scheduled basis and in accordance with a uniform scope of work, are performed on all cottages. Detailed information regarding these services is found herein.

3 All exterior landscape maintenance including fertility and horticultural pest control 3 Landscape irrigation and irrigation water 3 Arbor care 3 Cable TV 3 300mb/20mb high speed internet 3 Home telephone 3 Pest control and termite warranty 3 Valet domestic waste collection 3 Swimming pool cleaning only (if so equipped) 3 Common expenses such as access control, insurance, and utilities such as street lights

margaritavillecottagesorlando.com 8000 Fins up Circle, Kissimmee, FL 34747 • 407-537-9298

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What is the governance structure in Margaritaville?Margaritaville is about retreating from the hustle and bustle of our everyday lives. There are no traffic jams, work schedules, or rat races at all (except perhaps to get to the closest beach chair or barstool). Margaritaville Resort Orlando is a community, and is not a homeowner’s or condominium association. Rather, it is a very unique and novel environment that affords its members the opportunity to fully embrace the Margaritaville way of life. Currently, there is no HOA Board of Directors. However, in the future a traditional homeowner’s association with a Board of Directors will be established. There is a governance structure created to address the common needs of the community, which you can learn more about in the community docu-ments that have been provided to you.

WebsiteArtemis maintains a convenient website where you can view community documents, pay dues, submit maintenance requests, and other valuable services. Located at www.artemislifestyles.com, this secure site is your 24-hour-a-day resource for many matters relating to the communi-ty. Be sure to click on “Portal” at the community website and create a login using your account number and email address. If you need assistance creating a login to the online portal, please email us at [email protected] and we will provide you with information regarding this process.

Community Management TeamThe Community Management Team for Margaritaville is your primary contact for all matters relating to your cottage and the Community and is eager to assist you with anything you need. It is the policy of Artemis that emails and voice messages be returned within 24 busi-ness hours. In the unlikely event of an after-hours emergency related to the Community (you should always dial 911 to report medical emergencies or any other dangerous conditions) sim-ply dial 407-705-2190 and follow the prompts. The Manager is supported by a diverse team of industry professionals dedicated to addressing the needs that members may have and are able to help make sure you can enjoy this wonderful community. The Manager for the Margari-taville Community is: Amanda Narehood, LCAM - Community ManagerAccounting/Account/Payment Inquiries407-705-2190 x 224 (ofc) • [email protected] [email protected]

Mail ServiceBecause the US Postal Service does not deliver to communities that are used primarily as short-term rentals, there will be no USPS mail delivery service anywhere in the community. Pri-vate post office boxes can be purchased at the Formosa Garden’s Village (407-390-1899) or at any local Post Office. Fedex, UPS and other parcel services do deliver to cottages in Margarita-ville as normal. Packages can be delivered to the hotel for a fee. Please contact the Margaritaville Hotel directly for their schedule of fees.


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Cable Television, High-speed Internet and Basic Home TelephoneThe following services are provided under a bulk agreement between the Community and Spectrum Central Florida and are included in your monthly Community dues. All of the infrastructure necessary to support the below services has been installed in your cottage at the time of construction. However, Spectrum must supply the necessary hardware, such as set-top-converter boxes and internet routers. Most management companies in Margaritaville will handle this process as a part of outfitting your cottage for use and rental. However, if you have not engaged a management company, you can contact Spectrum direct at 833-697-7328 to arrange for installation or self-installation of the devices

Television Includes up to four (4) set-top-converter-boxes (“STB’s”), Spectrum Select digital/HD channel lineup (attached hereto), and 50 channel Music Choice package. If your home requires more than four (4) televisions, you or your management company must order additional STB’s by calling Spectrum direct at 833-697-7328. Upgrades to the television package such as movie channels, sports channels and events, DVR service, additional STB’s above, and more can be purchased by calling Spectrum direct at 833-697-7328. A separate account will be set up and you will be billed separately for the upgraded service. High Speed Internet 300mb/20mb high-speed wireless internet is included in your Community dues. Your rental manager may have design requirements regarding where to place modems and routers. Home Telephone Home telephone is also included for your cottage. Again, your rental manager may have design requirements regarding where to place telephone devices.

Repairs and Outages All repairs to any telecom service can be reported to Spectrum at 833-697-7328. Spectrum will alert the management team of known community-wide outages and you will receive an e-blast with repair schedules.

Pest Control and Termite WarrantyYour Community dues include the quarterly application of a barrier pest treatment around your cottage and a termite warranty for subterranean termites. This program targets domestic pests only. There is nothing you need to do to activate this service. However, for infestations you might notice, special interior treatments can be arranged on an appointment basis. To schedule such a treatment please contact Artemis between Monday-Friday 9am – 4:30pm at 407-705-2190 x 224 or send the request (be sure to include your address and phone number) to [email protected]. Please note someone must be present to allow access to the technician at time of appointment.


Community Services

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Private Swimming Pool MaintenancePrivate swimming pools are cleaned and serviced once per week via the builder for the first ninety (90) days. Once your cottage is closed, and we receive your closing package, the pool cleaning services will be automatically activated for your cottage via the community. Once the ninety (90) days have expired, the pool cleaning maintenance will be transferred to the com-munity and will occur two (2) times per week. If you have any questions or concerns that the cleaning is not taking place, please contact our office to inquire about this service at [email protected] note stand-alone hot tubs located in Parkview cottages are not maintained by the community. The following services are included in the pool cleaning program: • Brush/vacuum pool and spa floor/wall surfaces as necessary • Skim the pool surface for floating debris • Clean tile and grout at waterline • Clean filter media as needed based on filter pressures • Empty pump and pool skimmer baskets and strainers • Test and adjust as necessary sanitizer, Ph, and alkalinity levels • Treat and brush mustard algae as necessary • Check pool recirculation equipment and other systems • Check pool water level and adjust as necessaryAdditionally, the following are important notes regarding the pool cleaning service.

Repairs Please remember that all pools will require periodic repairs and replacement of pool components that fall outside of the above cleaning scope. The cleaning technicians will report any such necessary repairs, along with a proposal for repair, to Artemis who will pass to the owner and/or the management company for the cottage. After checking with the warranty department, the owner will be free to approve the repair proposal or utilize any other vendor of their choice.

Vendor Supervision Like all the services that the Community provides, a qualified and insured third-party contractor has been engaged to perform the pool cleaning services. The management team oversees this work in two ways. First, the pool cleaning contractor is required to report cleaning activity regularly. Second, random visual spot inspections are conducted. However, concerns may still to Artemis at 407-705-2190 x 224.


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Extra Cleanings Because of high bathing loads, extreme temperature or sun exposure, storms and other inclement weather, local wildlife and other factors, it is expected that the typical pool can become soiled in between cleanings. Cottage owners and/or their rental management company will be responsible for cost and for contacting a vendor for any additional pool cleans that are necessary. Pool automation and run times Most pools in Margaritaville are outfitted with pool automation systems and equipped with multi-speed recirculation pump systems. The pool technician will ensure the correct settings are programmed during each pool cleaning visit. Please avoid changing any of these settings. The settings are set based on your pool service schedule and equipment in your cottage. Please also remember that the circulation pump must remain in HIGH speed during all summer months for proper sanitation to occur.

Lawn and Landscape MaintenanceThe maintenance of all lawns and landscapes is the responsibility of the Community, including all lawn and ornamental pest control and fertility services, mulching, arbor care, sand maintenance, irrigation water and irrigation inspections and repairs. You need not do anything to commence this service. However, to report concerns or possible problems, please contact Artemis Lifestyles at 407-705-2190 x 224 or at [email protected] and an inspector will be sent to visually inspect the property and take corrective action as necessary. Please consider the follow-ing important information regarding these services.

Turf Maintenance Turf maintenance is defined as mowing, edging, trimming and cleanup of turf (lawn areas. This service is provided at total of forty (40) times annually, once per week during the spring and summer months and every other week during the fall and winter months.

Shrub and Hedge Management Shrubs, hedges and other ornamental plantings call be pruned twelve (12) times each year in a manner consistent with generally accepted horticultural practices for the specific variety of plant being pruned.

Sand Maintenance Sand has been distributed throughout the community which will be covered with layers of shell material that will be pressed and rolled. The shell covering will be re-distributed and rolled as needed throughout the year.


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Tree and Palm Management Trees up to twelve (12) feet in height are pruned on an as needed basis to ensure clearance in pedestrian and vehicular areas, to remove dead or dying branches, and to develop and enhance the natural growth patterns of the subject tree. This service coincides with the hedge and shrub pruning rotation. Trees over twelve (12) feet in height are included on a bi-annual basis (except when trimming is necessary for clearance. Palm trees up to twelve (12) feet in height are pruned to remove yellowed and dead fronds, seed pods, and diseased portions of the tree on an as needed basis.

Trees whose natural growth patterns require specialized seasonal trimming, such as crepe myrtles, are completed in early spring and in accordance with generally accepted horticultural practices. Trees whose natural growth patterns demand “base up” foliage, such as magnolias, are not trimmed with the exception of developing these natural growth patterns.

Irrigation Water The water supply for irrigation water is supplied via a master meter and is paid for through your Community dues. There are increasing limitations placed on the use of water in Florida and the Community takes conservation very seriously. The irrigation systems at your cottage are closely managed to ensure proper stewardship of this important resource.

Mulch and Weed Control The landscape service includes managing the weeds in all cultivated bedding areas. This service coincides with the mowing rotation above and includes both manual removal and the application of both pre-emergent and post-emergent herbicides.

The installation of mulch is an important part of any weed control strategy and also enhances the aesthetic value of the landscaping. Mulch is installed in all cultivated bedding area once per year to a total depth of 3 inches. In most cases, this installation is adequate. However, due to factors such as guest traffic, topography, and rainfall, certain lots may experience degradation of the mulch more quickly than others. Unfortunately, the Community is not able to refresh the mulch on a house by house basis. Pest Control and Fertility The service includes the application of an integrated fertility and pest management program. This program has been developed by a professional horticultural consultant to ensure a uniform and proactive strategy to enhance color, blooming, new growth, disease and pest resistance, and ecological stewardship. Turf areas are fertilized with a blended full spectrum granular product that may be blended with weed control and/or insect control components depending on seasonal needs. Special treatments for concerns that are reported by homeowners or horticultural staff are applied on as needed basis.


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Repairs and Replacements Plants and grasses are living things and can need to be replaced for a variety of reasons. In cases where the actions or inactions of the landscape vendor was the cause of the loss, every effort will be made to force the vendor to restore the loss. However, there are also causes that are unavoidable such as certain diseases, inadvertent resident activity, and climactic conditions such as drought and freezes which can cause dramatic losses. In these cases, the Community will secure proposals for repairs and/or replacement for consideration.

Domestic Waste ManagementIn an ordinary single family home community, each owner pays an annual assessment on the county tax bill which covers the costs of once weekly curbside collection of the residential garbage cans. In these cases, the homeowner or their representative must move the containers to the curb the evening before collection and a move them back the evening of collection. This approach does not offer a solution for the volumes of garbage a short-term rental community will generate.

At Margaritaville, we have negotiated a special waste solution with Trash Taxi and Osceola Coun-ty. Each owner still pays the annual Osceola County tax assessment, but the curbside collection normally provided by the County is replaced by daily valet service. This collection occurs every day of the week. The tax assessment each owner pays funds the bulk waste removal. The HOA assessment covers the valet trash removal service.

Each cottage will be equipped with one bench container, which is stored on the front or side of the cottage. Containers are ordered once a cottage has closed and takes about 3-4 weeks to ar-rive. In the meantime, you may place properly bagged trash in curbside in front of your cottage for daily removal. Problems regarding this service can be reported to Artemis at 407-705-2190 x224 or at [email protected]. Please note, that any additional charges resulting from the retrieval of un-bagged trash will be billed back to the homeowner. Periodic cleaning of the trash bench is recommended and is the responsibility of the cottage owner and/or the rental management company.

Access Control ServicesAccording to law enforcement officials, there is no reasonable method to completely immunize a community from criminal activity. This problem is compounded greatly by the short-term nature of the Resort with a high volume of short-term guests, construction personnel, vendors and visi-tors who are authorized to access the community. At Margaritaville we have deployed a strategy that serves three general needs.

Access Control There is one main entry to the community and that entry point is manned by a licensed private security officer 24 hours a day, 365 days a year. In addition to the main entry point, the unmanned gates will be equipped with a system developed by Envera that combines a remote live guard with electronic vetting capability.


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Both the manned gates and the Envera gates manage the access protocol in accordance with a set of approved post orders that dictate who is permitted to access the community. These post orders are closely tied to the central booking and reservation departments to ensure the smooth flow of guest traffic, while simultaneously rejecting unapproved visitors. These post orders are in a constant state of review and revision to afford the guests and owners the maximum protection possible while not unduly inhibiting approved guest traffic. These protocols are in place for the protection of our community.

Criminal Deterrence While the private personnel engaged by the HOA have no direct police power, they are equipped and trained to observe and respond to certain security concerns. The HOA has engaged a mobile patrol unit who patrols the community at random hours. We do not publish these hours to avoid developing a pattern and these patrol hours are also augmented seasonally. The mobile patrol is overseen by executive level supervisors at the security company and are required to physically scan numerus security “buttons” throughout the community during their shift. The Sheriff Department compiled crime rates in Margaritaville remain very low and it is our intent to strive towards that objective. However, if you are the victim of a crime, you must contact the Osceola County Sheriff’s Department at 911 for emergencies or 407-348-1100 in non-emergencies.

Nuisance Abatement In all residential communities, there are occupants who may cause an unreasonable nuisance to adjoining homes. The mobile patrol is trained to contact these guests and or owners and cordially request compliance with the rules. In extreme or repeated cases, the patrol will contact the Sheriff’s Department for assistance. Detailed reports are maintained and in extreme cases, the management companies are empowered to evict the occupants. The HOA can also levy punitive fines against the homeowner. To report these nuisances, contact the gate at 407-507-9990 for the front gate or 407-479-5366 for the back gate. Do note that community quiet hours are from 11:30pm to 7:00am

Covenant EnforcementUsing the assessments charged to every homeowner, the Community pays to maintain and in-sure the common property, provide access control and security services, and other tasks. How-ever, most communities are also charged with numerous intangible and sometimes subjective tasks that when performed equitably and effectively, serve to protect and enhance the financial value of the community and every home therein. Among these is the enforcement of the deed restrictions.

Deed restrictions (“rules and regulations”) are legally binding covenants, filed with real property records, which define the way that homes will be maintained and improved.


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The deed restrictions are meant to impose a standard of care on each home, that each is improved within the existing design themes in the community, and to prevent the actions or inactions of a single homeowner from adversely impacting the adjoining homeowners. If deed restriction violations are not corrected, there can be negative results over time. Research by the Community Associations Institute® reflects that property values in subdivisions with an inactive or inefficient covenant enforcement effort, fall as much as twenty-five percent. The old adages of curb appeal and location being critical to home value apply to the community overall as much as they do to individual homes and potential new neighbors will drive right by communities that don’t maintain their appeal.

It is surprising to note how many different viewpoints there are regarding rule enforcement. But how would you feel about the owner of a portable toilet company keeping its toilets in the side yard between your yard and his, and cleaning them on the driveway next door? Or what about a semi tractor-trailer truck or derelict boat parked right across the street? It all happens and the only way to preserve the lifestyle you thought you were buying into is to enforce the deed restrictions of the Community. It is critical to remember that the Board has the fiduciary duty to carry out this unpleasant yet important task. In other words, the Board does not have the luxury of choice when it comes to enforcing the covenants.

But how does a Community like Margaritaville ensure that its enforcement process is effective, fair, reasonable and respectful to the homeowners? To be sure, rules enforcement is challenging at best. It can be subjective. It can breed frustration and even anger. Worse yet is that, if the Community’s written warnings are ignored, the matter will require civil litigation, a very costly and time consuming process. Please consider the following information.

• Rules enforcement inspections are carried out using a GPS enabled notification system. The system uses a predetermined sequence of notices. The Manager visually inspects each home and initially enters the violations he or she sees in real time. The system then sends a FIRST notice by regular mail and email (if registered). For violations that remain upon each follow-up inspection, the system sends the SECOND and FINAL notices, which cannot be escalated outside of the normal process. All the data entered is stored electronically and is open to inspection by homeowners.

• If you receive such a notice, please do not ignore it or assume that because other violations also exist, that nothing is being done. It is highly likely that the enforcement process is underway. We are happy to share the rule enforcement data with any homeowner and while it is possible that inspections have not identified the other issues, it is not likely that any owner would be singled out for special treatment.

• The Community is required by law to exercise all of the punitive authorities is possesses in an absolutely equitable manner. This includes rule enforcement and serves to protect the homeowners. For this reason, the Community is unable to make special phone calls or visits related to requests for compliance. In the portable toilet example above, the owner violating the rules would enjoy a viable legal defense if it were determined that the Community had personally called or visited some, but not all, offending homeowners during the enforcement process. It is critical that each homeowner be treated the same.


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• If you receive a notice, please make efforts to reply in writing. We are here to help you! There may be mitigating circumstances that the inspector just would not be aware of. You may just need a little more time. The concern may already be addressed. The Community has no desire to impose dramatic steps and wants, above all else, to help you come into compliance. We will re-inspect upon written request. We will offer more detailed information upon written request. But again, in some cases, this process can devolve into legal action. It would be irresponsible of the Community to handle these matters casually or informally as doing so can waste valuable time and financial resources in the future.

Our objective is to ensure that Margaritaville remains the attractive community it is and ful-fills the vision we all have for it. There may be different viewpoints about how that becomes a reality. But the above process is fair and is proven to be an effective tool towards protecting and enhancing the value of our community. Thank you for your cooperation with the recorded covenants.

Maintenance AssessmentsThe Margaritaville Community has engaged Artemis Lifestyles to handle all accounting and dues collection services for the community. As soon as your title company forwards your closing doc-uments, Artemis will send you a welcome letter with information such as your secure website login identification and payment information for the assessment. Artemis offers several conve-nient options for these payments.

Payment Coupons In your first mailing from Artemis you should find payment coupons that you can use to mail traditional checks for each monthly assessment. These are directed to a lockbox processing service which quickly and accurately posts your payment.

ACH Artemis, through our financial partner Alliance Bank offers Community members the opportunity to pay their regular community assessments using pre-authorized automated electronic debits. This service allows members to pay their assessments automatically, avoiding late fees, without writing checks, buying postage, or trips to the mailbox. This service is absolutely free and is available to any member with a US bank account.

E-checks/Credit Cards E-check and credit card payments are one-time electronic payments, made from your bank account or credit card and are conducted online. There is no charge for e-check payments, but there is a charge per transaction for credit card payments. Instructions can be found online after you have received your login identification.


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Your banks online payment service If you use your banks online payment service, you must be certain to use the mailing address and your ten digit account number that you can find on the coupons above. Checks that arrive without that information may be returned or delayed, subjecting the owner to late fees.

Please remember that some rental management agreements in Margaritaville provide that the monthly assessment is paid from rental proceeds. Be sure to check that agreement to avoid either the double payment or non-payment of these dues.

Architectural ApprovalPlease remember that ANY change, addition, modification, improvement, or alteration to any part of the exterior of your cottage including the addition of furniture outside of an approved furniture package must be approved in writing by the Developer BEFORE construction and or furniture placement commences. This step protects you as a homeowner as approvals that are granted cannot be rescinded nor can future rule changes be applied to approved improvements. However, failure to obtain approval in advance subjects the owner to the corrective remedies afforded to the Community such as fines, legal fees, and even demolition of the project. To make a submission, you may request an application from [email protected]. Ordinary submissions can be addressed within 7-10 days and more complicated applications may require as many as 30 days.

MeetingsThe Community is fundamentally a corporation and as such must hold certain meetings in the process of governing the community.

Board meetings Board meetings are meetings of the Board of Directors. These meetings will commence once the community has 800 closed cottages. The meeting notices will be posted within the community and e-mailed to all registered owners 48 hours in advance of the meeting. There is currently no fixed schedule for these meetings, but they are open to the owners and all attending have the reasonable opportunity to speak and present concerns at these meetings. There is no need to RSVP for the meeting but items that you wish to be discussed must be placed on the agenda. Therefore, if you wish that an item be discussed please contact the management team above to provide the details no later than 48 hours before the meeting. Most of the powers vested in the Community will be exercised by the Board of Directors.

Member Meetings Once the community has turned into a Homeowners Association, some actions that are taken by the Community must be approved by the membership. These include the election of Directors when required, amendments to the governing documents, special assessments, recall of Directors, and others.


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These actions may occur at an Annual Meeting, which will happen every year at the same time after the community has 800 closed cottages, or a Special Members Meeting, which can be called at any time. Notice of these meetings is mailed via US mail to the last known address of each homeowner and emailed to all registered owners. Most of these Member Meeting notices will be accompanied by a Proxy. It is always very important to return this proxy form to ensure the meeting can be properly convened.

Budgeting and Financial ReportingEvery Community will incur expenses, realize revenue/income, and set aside funds for future use. Margaritaville is no different and there are several important parts to this process.

Budget The Community develops an annual budget that lists all the common expenses and other costs of the community, most but not all of which are defined herein. The budget is distributed to the owners no later than December 1 of each year. The expenses are then divided equally between all the homeowners to be paid monthly. You can more information about how to pay the assessments above.

Annual Financial Report Florida law requires that certain associations engage a third party financial expert (CPA®) to perform an annual financial audit. Further, owners are entitled to a copy of this audit report. Once the community has turned into an association, we will mail and send an email notice alerting owners that the audit is available at no charge by March 31 of each year.

Assessment CollectionThe Community can perform none of the services it offers without the timely payment of the monthly maintenance assessments by the homeowners. Because membership in the Commu-nity is mandatory, there are no legal means for an owner to withhold maintenance assessments for any reason including the assertion that the owner does not use or want any of the services provided or that the owner is dissatisfied with said services. There are legal means of protest-ing the value or worthiness represented by the Community but withholding payment is neither permitted by law or equitable to the other homeowners.

There are a varied number of remedies that the Community is empowered to exercise to compel payment of the assessment including the imposition of late fees and interest, recordation of a lien encumbering the home, foreclosure of that lien, garnishing rental proceeds, personal money judgments, and negative credit reporting. The Community maintains a written administrative that defines exactly when and how the collection remedies afforded to the Community are im-posed to ensure that every owner is treated fairly and uniformly.

The Community has no desire whatsoever to exercise these punitive measures. However, they have the fiduciary duty to do so, as to ignore it creates an unfair allocation of the expenses among your fellow homeowners. Thank you for your cooperation with this important issue.


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Electric - 407-629-1010

Electric power is provided exclusively by Duke Energy and is individually metered in all cases. We suggest that you do this at your first opportunity and request that service be initiated on your closing date. The connection of electric and maintenance of temperature inside your unit is critical. Failure to maintain proper temperature within the unit will create an environment conducive to the growth of toxic molds and other organic substances which will severely damage your unit. You may be asked by Duke Energy to provide your name, ownership infor-mation, service address, mailing address, and home and work phone numbers. You will be as-sessed a one-time connection charge and, depending on your credit history, may be asked for a refundable deposit. You will also be able to set up automatic payments through their web site.

Water and Sewer - 407-944-5000

Domestic water and sewer services in Margaritaville are provided by Toho Water Authority, the local public utility, and are individually metered. You will be asked to provide a copy of your sales contract or settlement statement, driver’s license number, and social security number and/or copy of your passport. A deposit will likely be required.

Natural Gas/Propane - 407-425-4662

Natural gas is provided by TECO-Peoples Gas. We suggest that you contact them early and request new service on the date of your closing. A connection fee will be charged and a de-posit will likely be required. You will be asked to provide them with your name, address and driver’s license/passport number.


Utilities

community information at a glance - artemis lifestyles | community … · 2020. 3. 3. · community...

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