6.5. Review of all Commercial Projects will be conducted by the Design Review Team and shall be completed within
thirty (30) days from the date of receipt of all required documents and fees by the Covenants Department. In the event
of any unforeseen circumstances which may cause delays the Member will be promptly notified.
7.
Appeal Process
. If any Member is denied approval for any of the project types listed above or disagrees with the imposed
Construction Guidelines and if the disagreement cannot be resolved by discussion and negotiation, the Member can appeal to
the Oversight Panel, which shall adjudicate the dispute. It is the responsibility of the Covenant Enforcement Department to
notify the Member of the appeal process. Any additional design review fees or architectural fees associated with the appeal
process will be the responsibility of the Member.
8.
Construction Guidelines
8.1. Pelican Bay has Construction Guidelines which must be adhered to by all contractors and Members. The Guidelines
are all-inclusive. Hence, not all apply to all projects. It is the responsibility of the Member to review the Guidelines
to determine those that are applicable to his project. The Oversight Panel shall adjudicate unresolved disagreements
between the Members and the Covenant Enforcement Department about the applicability of the Guidelines.
8.2. There is no requirement by the General Declaration for design review for interior improvements. However, the
Construction Guidelines shall apply if there is an impact on the neighborhood due to exterior placement of construc-
tion materials, equipment, dumpsters and/or port-o-lets, as specified in Section 3.2.2. of the Declarations prohibiting
nuisances.
8.3. Perimeter Fencing Requirement. The requirement for perimeter fencing applies to all Projects of more than fifteen
(15) days duration in which construction materials, equipment, dumpsters and/or port-o-lets can be seen from adjacent
properties or from the street.
4.A. MEMBER CODE OF CONDUCT
DRAFT: PROPOSED FINAL VERSION 5/18/2017
1.
Code of Conduct
: Members and guests are required to adhere to certain basic standards of conduct and behavior and to
comport themselves in such a manner so as not to infringe upon the enjoyment of other Members and Guests using the
Foundation Common Areas.
2.
Conduct
2.1. Unacceptable conduct includes loud or threatening language, obscenities, verbal or physical threats, obvious
intoxication, physical abuse (e.g., pushing or shoving, physical attack), damaging of Foundation property and interfer-
ing with enforcement of Protective Covenants.
2.2. Must conform to standards set forth in the Rules and Regulations dealing with Section 3.D., Smoking, and
Section 4, Amenities.
3.
Violation of Code of Conduct
: Shall be dealt with as prescribed in the Rules and Regulations for Fining and Suspension
of Members for Violations of the Governing Documents and, where applicable, as prescribed by the Protective Covenants,
Article 4, Section 4.01.
4.
Business relationship
: Members may not use Foundation property to teach, perform, instruct, or in any way have a position
where they interact with other Members for commercial or professional purposes.
4.B. HARASSMENT OF AN EMPLOYEE BY A MEMBER
1.
Treatment of Employees
: Members shall not be directly or indirectly involved in the supervision of Foundation Employees.
If a Member has a concern about an employee, he/she should contact the employee’s Supervisor or the President. Therefore,
no Member, Tenant or Guest shall do any of the following in connection with a Foundation Employee:
1.1. Reprimand an employee.
1.2. Use abusive or critical language when addressing an employee.
1.3. Attempt to undermine the authority of employees.
1.4. Seek personal information about an employee.
1.5. Attempt to countermand an instruction or directive issued by the President or his management staff.
1.6. Verbally or physically harass an employee in any manner
2.
Reporting Violations
: Employees have the right to complete an Incident Form and submit this to the Foundation if they
experience a violation of this rule.
115
Pelican Bay Member Guide 2018
PelicanBay.org