To all Unit Owners and Residents:

We would like to take this opportunity to bring you all up to date on certain events which will be taking place in the near future and remind you of some of our existing rules and regulations which are continuing to be strictly enforced.

As you all know we have returned The Towers Condominium to a pristine property and it lives up to its name as a “Luxury Condominium” proudly displayed at the entrance of the property. The Board’s established maintenance program will allow the property to be maintained in the customary manner, which we all can enjoy. This year we will continue with our goals to complete our previous 2008 New Year’s resolutions; floor drain by north elevator; security cameras; sod placement on the “hill” in the courtyard; upgrades to the clubhouse through volunteers; painting of walkways; and awnings at entrance ways. In addition to our instilled procedures all residents have a background check and interview with a Board member prior to moving in. There are a selective few Unit Owners that have ignored the governing documents and will be handled through the fining committee.

As a reminder that “Bugs R Us” quarterly indoor spraying will no longer be a massive single day make your Unit available previous routine, but on “an appointment only” as needed anytime and as often as necessary by calling, 239-337-4484.

We appreciate that all residents are taking advantage of the extra recycle containers from the City of Fort Myers on the property. We request that boxes be broken down and not placed whole in the containers. PLEASE DO NOT LITTER.

The Towers’ website will always have all updates on notices, forms, applications, rules & regulations, and letters placed accordingly in the categories listed on the site. Please review the site often for numerous listings and changes. www.thetowerscondos.org

First we would like to alert you to the fact that we will be conducting mandatory inspections of all Units to inspect smoke detector operation which is supposed to be located in each Unit. Please note that all two bedroom Units are to have three detectors, one in the hallway and one each in the bedrooms with the one bedroom having two detectors. We will be checking all Units for water leaks, such as running toilets, leaking faucets and shower heads which can result in adding to our extremely high water and sewer usage.

Most recently we sent out a letter on December 1, 2008 requesting all Unit Owners to have a plumber inspect the hot water tank in your Unit. Since that letter, we have had three Units that have had tanks let loose and water poured violently to the Units below. It has cost the Owner/Resident, tens of thousands of dollars of unnecessary water damage caused strictly by negligence of ignoring the maintenance protocol that is outlined in our governing documents. In all three of the instances the hot water tanks were over twenty years of age and is well beyond the life expectancy of the apparatus was designed for. This has displaced the Resident living below, giving them additional financial strain to bear the cost of the cleanup as well as satisfying the depreciation and having to meet their deductible even with having insurance. Not to mention any memorable items that cannot be replaced from the water damage, loss of work, income, living away from their home while their Unit is being repaired and severe mental stress. Therefore the Board of Directors has ruled that at the time of the above pre-scheduled inspection we will have a certified board approved plumber to inspect all hot water tanks and record all dates and findings. The ruling also has included a timetable for mandatory replacement at the Unit Owner’s expense based upon age and appearance of the hot water tank. The Board approved plumber will offer to the Unit Owner discount pricing and choice of having a tank less hot water system.

Section Article 19.2: Of the Declaration of Towers Condominium states, Maintenance. “In the event a Unit Owner fails to maintain his Unit in the manner herein required, the Association or any other Unit Owner shall have the right to proceed in a court of equity to seek compliance; or the Association shall have the right to assess the Unit Owner and the Unit for the sums necessary to do whatever work is required to put the Unit Owner in compliance herewith…”

Our governing documents allow us entry to any and all Units to protect the safety and well being of all occupants and we feel that we need to conduct this search in a timely fashion. Our maintenance person Mark Alonso will be starting on Monday, July 13, 2009 and we will post the schedule on the message boards and Towers’ website.

Having experienced as a resident the fire alarm system activated on June 18^th, 2009 at 11:15 pm the Board of Directors wants to remind you that anyone disabling the wall mounted alarm in their respective Unit is subject to being charged with a third degree felony. The Association and Fire Fyter will press charges. If the alarm has failed to sound you must notify Mark Alonso for scheduling appointment for testing your individual alarm. Fire safety is the utmost importance. You can be held accountable.

As the outside temperature rises the need for swimming in the pool is more desirable than ever. When children are swimming in the pool we request the pool rope stay intact for their “safety” as well as anyone else in the pool. Our insurance requires that the rope stays in place. The removal is for adult swimming laps only. There is no life guard on duty and you do swim at your own risk. The pool and grilling rules are located on the pool wall, near the gas grilles and on the website. We ask that you take the time to review the rules posted. The amount of guests over six at the pool must be Board approved. Because of the season and high winds, close umbrellas after use.

We urge current Unit Owners with Board approval for leasing and sale give the perspective information to Terry Ondak to assist Alliant Property Management. The leasing and sale information along with pictures can be placed on the Towers’ website. This will assist and aid the Unit Owner for leasing and sale of their Unit. The website is linked to many other useful sites to give free advertising to the Unit Owner. We have 8 available Units for rent and only 3 listed on the Towers’ site, 9 Units on the MLS for sale and all on the Towers’ site.

Bicycle placement at the Towers Condominium is provided in bicycle racks at the location on the west side of the property or along Solomon Drive side. The Board of Directors ruled, all bikes need to be registered, in good working order with the Association and a placement of a sticker on the bike will be a requirement for bicycles in the bike racks. This means that any bikes that are not secured and registered with a sticker in the bike rack will be removed from the property. No bicycle can ever be locked to the fence or any posts on any area of the property. They will be removed and discarded from property and or donated.

Compliance issues have been very important this past year for the numerous Units that have sold. We currently have a 25% vacancy and we know that several Units need to be rehabilitated. It is of vital importance to have written Board of Directors approval prior to the initiation of extensive remodeling. The Board of Directors has established ‘Construction Times’. The schedule for remodeling is: Monday through Friday 8:00 am to 6:00 pm, Saturday 9:00 am to 4:00 pm, and no work on Sunday. This will be strictly enforced. This will allow for increased, expedient sales or rentals and allow for the proper permitting through the City of Fort Myers. The Board of Directors has pursued legal complaints filed in our court system in Lee County presently against a Unit Owner through our Board Attorney this previous year as it relates to noncompliance of our governing documents relative to remodeling, specifically window replacement and proper floor sound proofing.

The Board of Directors will have towed any vehicle not registered past 12 midnight parked on property without having displayed the proper documentation: Towers parking sticker, guest pass or temporary guest pass. Signs are posted in all guest areas of parking. This will be at the Owner of the vehicle expense through R/S Towing that the Board of Directors has a contract to perform the towing service. Their signs are displayed throughout the property with their address and phone number.

Guest passes are always available to all residents through Terry Ondak at 239-292-7153. The guest pass handed are given to the “Unit” to use over again and not assigned to any particular vehicle. Although all guest passes are monitored nightly to comply with our rules and regulations. This is a deed-restricted community that has governing documents. Covered carport parking spaces are private. The rules and regulations for the Towers Condominium for overnight guests and parking are:

Section 1.17 states: “All residents must obey displayed signs, parking regulations, flow of traffic direction, in regarding to the driveways and parking areas. Vehicles shall not be parked in a manner that would impede or prevent access by another resident, fire equipment, police, or ambulance. All vehicles must be in good repair, properly registered for operation on public streets and have the Towers tag, provided by the Association, place on the windshield. All registered vehicles must match Owner’s name on deed or title or lease. Overnight guest vehicle must have a temporary pass and or guest pass from the Association management or Board member. The Association will remove any vehicle without a current registration, or having expired tags, or not being in good repair (at the Association’s discretion), or without having a Towers tag, temporary pass, guest pass from 12 midnight to 6 am at the Owner’s expense.”
Section 17.2 states: “A condominium Unit shall be used only as a single-family residence. As used in the Condominium Documents, “single family” means one natural person, a group of two or more natural persons who customarily reside together as a single family housekeeping Unit, each of whom is related to each of the others by blood, marriage or adoption, or not more than two persons not so related, who customarily reside together as a single housekeeping Unit. No more than five (5) persons may permanently occupy a two (2)-bedroom Unit. For purposes of these Condominium Documents, “permanently occupy” means to sleep in the Unit for more than fourteen (14) nights during a calendar year. No Unit may be divided or subdivided into a smaller Unit, nor any portion sold or otherwise transferred. No person may occupy a Unit as a Unit Owner, tenant, or family member thereof (i.e. occupy the Unit on an overnight basis for more than fourteen (14) days in a calendar year) unless said person’s occupancy has been specifically approved by the Association, through the Board of Directors. In considering such requests, the Board may consider factors set forth in Article 18 hereof, and may charge a reasonable fee for review of occupancy requests. Units may not be used for commercial or business purposes. Any other person, not a permanent occupant, who will occupy a Unit for less than fourteen (14) days in a calendar year, must register at the Association office within seventy-two (72) hours of arrival. Owners and their family members and tenants may use Units for “home office” or “telecommuting” purposes, provided that such uses do not involve customers or clients coming into the Condominium, the postage of any signage in the Condominium.”

Section 1.28 states: “No resident or guest shall bring upon the property any commercial vehicle, boat, trailer, camper, motor home, or motorcycle. Vehicles such as pick-up trucks may not have cargo or unsightly material in view. No magnets with lettering and or advertising of any kind on any vehicle will be allowed parked overnight (12 midnight to 6 am) on property otherwise vehicle will be towed at Owner’s expense. The Association on an individual basis upon showing of good cause and/or substantial hardship may approve exceptions in writing.”

Parking guest pass will be revoked when not complying with, “Section 17.2”. The guest must register. The notice of the revoked pass will be placed on vehicle and towed accordingly at Owner’s expense. Any vehicle violating Sections 1.17, 1.28 and 17.2 will be towed, no exceptions. All residents should plan accordingly for their guests parking after midnight and obtain a guest pass.

In light of these economic times it is very important that we collect the monthly maintenance fee from all Association members in a timely manner. On October 30th, 2008, The Towers Condominium Association Board of Directors approved the budget for the monthly maintenance fee of $265.00 per month due and payable beginning January 1, 2009. The Board last year passed a motion, which stipulates that, any Unit Owner that is $400.00 delinquent would be placed for collections with our Board Attorney. In addition the motion stipulated that any Unit Owner who is renting their Unit and is placed for collections would lose their privilege to rent their Unit in the future. We currently have placed 16 Units in collections and we have initiated the placement of liens and foreclosure procedures through Alliant Property Management and our Board Attorney.

In order to protect the aesthetic and financial value as well as the overall safety of your home and community, please accept this as a friendly notice. The Association has the responsibility of enforcing the rules spelled out in the governing documents. Your neighbors have a right to expect that we will enforce the rules for them. We appreciate that not everyone may find the rules of interest or importance; nonetheless we must ask everyone to comply.

Section 2. ENFORCEMENT OF RULES AND REGULATIONS 2.1 The Board of Directors has the authority and responsibility to enforce the rules and regulations of the Association. 2.2 The standard fine is $100.00 for a single infraction of the rules and regulations. Florida Statute 718.303 limits an individual fine to $100.00. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, up to a maximum of $1,000.00.

Please be aware of the fact that any and all questions from Owners or guests relative to the operation or management of The Towers Condominium Association should be directed to Alliant Property Management, 239-454-1101, www.alliantproperty.com or www.thetowerscondos.org.

Any questions for rental inquiries should be directed to Jennifer Moore or Terry Ondak and if you have any billing questions please direct them to Colin Jenkins.

In summary we want to thank you in advance again for your adherence to any changes in the rules and regulations of The Towers Condominium, which are intended to provide all who reside here the utmost in safety and protection. Please report any suspicious activity of any kind or criminal acts you may witness to the Fort Myers Police Department immediately at 239-334-4155 or dial 911.

Your anticipated cooperation is very much appreciated.

Govern yourselves accordingly,

The Towers Association Board of Directors:

President: Terry Ondak (239) 292-7153

Vice-President: Pat Meyer (239) 265-0378

Secretary: Karen Smith (239) 292-3252

Treasurer: Alfred Natella (239) 464-2706

Director: John Spain (203) 560-1625

Maintenance: Mark Alonso (239) 265-7233

Cleaning: Veronica Cabello

The Towers Condominium Association’s official website: www.thetowerscondos.org

Alliant Property Management, LLC: www.alliantproperty.com

**Please note that this letter will be posted on the Towers’ website and can be viewed in any language of choice.**