Who is Responsible for that Tree?
Trees located at the street-line, and trees on Common Grounds, are the HOA's responsibility.
'Street-line' refers to the area close to the street wherein the tree is only a few feet from the street pavement.
All trees beyond the street-line or on the home side of a sidewalk, are the homeowner's responsibility.
'Responsibility' means general pruning, including annual thinning for hurricane survival, and removal in the event the tree is dead, diseased or severely damaged. But before trimming or removing, the homeowner must contact the HOA Landscape Director (see "Meet the Board" under "About the HOA" on this website).
Tree Removal
Removal of any tree (or hedge) becomes far more complicated, whether it's the homeowner's tree or the HOA's. The City Of Delray has very strict Ordinances governing "Tree Preservation, Protection, Enforcement and Maintenance" (Land Deveolpment Regulations Code Section 4.6.19), which state that Removal of any tree larger than 4" diameter requires a Tree Removal Permit and may include requirements to plant new tree(s). The City will also cite a homeowner if a tree is improperly trimmed so only an experienced, licensed and insured contractor should be hired.
For more information the homeowner should contact the City of Delray Building Department which issues the permits. You can download an application for a 'Tree Removal Permit' by clicking HERE. Permits are issued to licensed contractors, however, to simplifiy the process the homeowner may pull a permit by filling out an 'Owner Builder Affidavit'. You can download a blank by clicking HERE.
Can I have a Firepit or Bonfire?
As our properties are small and close together, wood-burning firepits or any open-fire may present a fire hazard and smoke or smells are likely to intrude on your neighbors. So wood-burning firepits and any other open-fires are prohibited in Rainberry Lake.
Also, residents using a Barbeque or Smoker grill must locate these where the smoke or smells will not enter the neighbor's property.
Homeowners may have a propane firepit provided it is operated only while supervised by an adult. These units are available at any Big Box or outdoor furniture stores.
What if I Can't Get in the Entrance Gate?
What if I can't get in the Entrance Gate (in the evening when the Guard is not on duty)? (I've lost or forgot my Card or Wireless Remote).
1. Call yourself using the Callbox and open the gate.
2. Use the Call Box to call someone at your home or a neighbor and ask them to open the gate for you. .
3. Call someone that has OpenPath (now called AltaOpen) and ask them to meet you at, and open the gate for you.
3. Park and walk home.
While it may be OK for a resident to break a window or force a door in their own home, it is not OK for them to force and break the community Entrance Gates. In most cases, attempts to force the gate renders it inoperable, serverly inconveniencing other residents.
Where (How) do I get a Property Survey?
Homeowners sometimes need a copy of their Property Survey to request 'Approval to Make Exterior Property Alterations' or to 'pull' a Building Permit.
Every homeowner should have received a copy of their boundry survey when they bought their house, along with the other 'closing paperwork'. If they did not, they can request a copy from Delray Beach Building Office located at 100 NW 1st Avenue, Delray Beach. Records may be requested Monday, Wednesday or Friday, 9AM-12 Noon. A homeowner can fill out a form to request a copy of their survey while they wait (you must wait) but the delay may be an hour or more . There is generally no charge for the copy. CLICK-HERE for a copy of the form.
What is a Zero Lot Line and How does it affect me?
A Zero-Lot-Line refers to a property boundry with zero set-back building requirements. All the houses in Rainberry Villas have zero-lot-lines. That means that one side of your house (structure) is situated right against one of your property boundries, and that side of your house and privacy wall or fence serve as a barrier between your property and your next door neighbor's side yard.
Owning a property on a zero-lot-line affects homeowner responsibilities and conditions.
1. The homeowner must maintain any vegitation, and must not build any structures, barriers or other obstacles within his yard, that might impede his neighbor from performing maintenance on his house, wall or fence situated on the zero-lot-line.
2. The homeowner must not attach anything to, or paint their neighbor's house, wall or fence located on the zero-lot-line.
3. The homeowner is required to maintain (keep clean, painted and in good condition), his exterior house wall, privacy wall and fence situated on the zero-lot-line (facing into his neighbor's yard).
4. The homeowner must not add anything to his house or wall that protrudes over the zero-lot-line into his neighbor's yard. The most common offense is installing a gutter downspout on the zero-lot-line side of the house which not only protrudes into the neighbor's yard but also dumps his roof run-off-water onto his neighbor's property.
5. Each homeowner is required to allow his neighbor, and his neighbor's designated contractors, access to his side yard for the purpose of performing maintenance on the neighbor's house, privacy wall and fence - repairing, replacing, cleaning, painting, insect control, etc.
Trash Collection - When, What and Where?
Waste Management collects our Trash twice a week - every Tuesday & Friday except Christmas and Thanksgiving.
Tuesday - household trash (roller cans and bags) and recycle (paper, metal/glass containers & flattened cardboard)
Friday - household trash (roller cans & bags) and bulk vegitation & waste.
All trash should be placed at the curb in front of your house, no sooner than 5PM the day before scheduled collection.
Warning: If you place trash at the curb on the wrong day or too early, the City Inspector will call for a special pickup for which you will be charged on your Water Bill.
For more information on Trash Collection, CLICK HERE.
Pods, Shipping Containers and Dumpsters - Can a homeowner have one?

Yes, with restrictions. The homeowner must get permission from the Architectural Review Committee in advance. Once approved, a Pod, Shipping Container or Dumpster may be placed in the homeowner’s driveway and remain in the driveway for only as long as is reasonable to load (or in the case of a POD, unload) the contents. The homeowner must make every effort to expedite the loading process. The Pod or Dumpster cannot sit in place as long as it might be needed.
Pod Storage - If the homeowner needs to store furniture or other household goods for a time, for example to accommodate renovations, they must pack the Pod and then have the Pod Company ship it to the desired destination or move it to a temporary storage location.
At any rate, the Pod, Shipping Container or Dumpster may not remain in the driveway longer than one (1) week (The Villas of Rainberry Rules and Regulations, Article XII, Section 2). If, for example, renovations continue longer than a week, the contractor must truck-away the debris daily or stage the debris in the garage or other area indoors to limit the amount of time needed for the dumpster to remain on premise.
In addition, the homeowner must insure that debris does not spill out of a Dumpster. If loose materials are placed in the Dumpster, that may become wind-bourn, the Dumpster must be covered. Under no condition may liquids, hazardous or otherwise, be placed in a Dumpster. The homeowner is responsible for any cleanup or damage repair necessitated by the Pod or Dumpster.
.jpg)
Rainberry Villas Frequently Asked Questions
Updated Dec. 24, 2024