Page 1 of 30 AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR WILLOWBEND SUBDIVISION SUBSTANTIAL REWORDING OF DECLARATIONS SEE ORIGINAL DECLARATIONS FOR ORIGINAL TEXT For the purpose of enhancing and protecting the value, attractiveness and desirability of the Parcels, this Community was created by a Declaration of Protective Covenants, Conditions and Restrictions for Willowbend Subdivision recorded on June 20, 2002, in the Official Records of Sarasota County, Florida at Instrument Number 2002100544 et seq.; and subsequently amended and recorded the First Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on February 18, 2003, in the Official Records of Sarasota County, Florida at Instrument Number 2003029948 et seq.; and subsequently amended and recorded the Second Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on September 10, 2003, in the Official Records of Sarasota County, Florida at Instrument Number 2003183228 et seq.; and subsequently amended and recorded the Third Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on September 10, 2003, in the Official Records of Sarasota County, Florida at Instrument Number 2003183260 et seq.; and subsequently amended and recorded the Fourth Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on July 28, 2004, in the Official Records of Sarasota County, Florida at Instrument Number 2004147018 et seq.; and subsequently amended and recorded the Fifth Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on May 12, 2009, in the Official Records of Sarasota County, Florida at Instrument Number 2009056442 et seq. The Community is further described in the Declaration exhibits, and amendments thereto, which describes the land and Plats subject to this Declaration. A copy of the Plats and legal description for the Community are attached hereto as Exhibit “A.” All real property in the Community shall be held, owned, sold, transferred, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set forth, which shall be binding upon persons having any right, title or interest in or to the subject real property, and their heirs, successors and assigns and shall constitute covenants running with the land. The name of the homeowners association created to operate the Community is Willowbend Community Association, Inc. 1. DEFINITIONS 1.1 "Architectural Review Committee", or "ARC" means and refers to the Board of Directors of the Association, or a committee appointed by the Board of Directors of the Association, for the purposes set forth in this Declaration as to the Architectural Review Committee.
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Page 1 of 30
AMENDED AND RESTATED DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR
WILLOWBEND SUBDIVISION
SUBSTANTIAL REWORDING OF DECLARATIONS
SEE ORIGINAL DECLARATIONS FOR ORIGINAL TEXT
For the purpose of enhancing and protecting the value, attractiveness and desirability of the
Parcels, this Community was created by a Declaration of Protective Covenants, Conditions and
Restrictions for Willowbend Subdivision recorded on June 20, 2002, in the Official Records of
Sarasota County, Florida at Instrument Number 2002100544 et seq.; and subsequently amended
and recorded the First Amendment to the Declaration of Protective Covenants, Conditions and
Restrictions recorded on February 18, 2003, in the Official Records of Sarasota County, Florida
at Instrument Number 2003029948 et seq.; and subsequently amended and recorded the Second
Amendment to the Declaration of Protective Covenants, Conditions and Restrictions recorded on
September 10, 2003, in the Official Records of Sarasota County, Florida at Instrument Number
2003183228 et seq.; and subsequently amended and recorded the Third Amendment to the
Declaration of Protective Covenants, Conditions and Restrictions recorded on September 10,
2003, in the Official Records of Sarasota County, Florida at Instrument Number 2003183260 et
seq.; and subsequently amended and recorded the Fourth Amendment to the Declaration of
Protective Covenants, Conditions and Restrictions recorded on July 28, 2004, in the Official
Records of Sarasota County, Florida at Instrument Number 2004147018 et seq.; and
subsequently amended and recorded the Fifth Amendment to the Declaration of Protective
Covenants, Conditions and Restrictions recorded on May 12, 2009, in the Official Records of
Sarasota County, Florida at Instrument Number 2009056442 et seq.
The Community is further described in the Declaration exhibits, and amendments thereto, which
describes the land and Plats subject to this Declaration. A copy of the Plats and legal description
for the Community are attached hereto as Exhibit “A.”
All real property in the Community shall be held, owned, sold, transferred, conveyed and
occupied subject to the covenants, conditions and restrictions hereinafter set forth, which shall be
binding upon persons having any right, title or interest in or to the subject real property, and their
heirs, successors and assigns and shall constitute covenants running with the land.
The name of the homeowners association created to operate the Community is Willowbend
Community Association, Inc.
1. DEFINITIONS
1.1 "Architectural Review Committee", or "ARC" means and refers to the Board
of Directors of the Association, or a committee appointed by the Board of Directors of the
Association, for the purposes set forth in this Declaration as to the Architectural Review
Committee.
Page 2 of 30
1.2 "Articles" means the Amended and Restated Articles of Incorporation of the
Association, a copy of which is attached hereto as Exhibit "B" and made a part hereof, and as
they may be amended from time to time.
1.3 "Assessment" means the assessments levied by the Association against the Lots
or Parcels, and shall be deemed to include both Regular Assessments and Special Assessments.
1.4 "Association" shall mean and refer to Willowbend Community Association, Inc.,
a Florida Corporation Not For Profit, its successors and assigns.
1.5 "Board" means the Board of Directors of the Association.
1.6 "Bylaws" means the Amended and Restated Bylaws of the Association, a copy of
which is attached hereto as Exhibit "C" and made a part hereof, and as they may be amended
from time to time.
1.7 “Charge” means any legal or equitable indebtedness to the Association incurred
by, or on behalf of, an Owner, other than Assessments for Common Expenses. Said obligations
may arise by oral or written contract, by law or in equity, or may be created by the Declaration,
the Articles, the Bylaws and/or the Rules and Regulations.
1.8 "Common Area" or "Common Properties" means real property owned by the
Association for the common use and enjoyment of the Owners, or property which has been
dedicated to the Association or Parcel Owners for common use or enjoyment.
1.9 "Common Expenses" means the expenses payable by the Members to the
Association for the purposes and in the manner set forth in this Declaration, the Articles, the
Bylaws or the HOA Act.
1.10 “Community” or “Subdivision” or “Property” shall mean the real property
described in the land subject to this Declaration, attached hereto as Exhibit “A,” including Lots
and Common Areas.
1.11 "Declaration" means this Amended and Restated Declaration of Protective
Covenants, Conditions and Restrictions for Willowbend Community Association, Inc., and all
other terms and provisions contained in this document, as the same may be amended from time
to time.
1.12 “Dwelling Unit” or “Unit” means the home that is placed on a Lot.
1.13 “Governing Documents” means the Declaration, the Articles, the Bylaws and
the Rules and Regulations, as the same may be amended from time to time.
1.14 "Guest" means a person who enters upon a Parcel at the invitation of a Parcel
Owner, Resident or Occupant, for the purpose of visiting.
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1.15 “Homeowners’ Association Act”, or “HOA Act” means Chapter 720 Florida
Statutes (2012), as it now exists or as it may be amended from time to time including the
definitions therein contained.
1.16 "Improvement" means any structural component built or constructed on a Lot or
added to a Dwelling Unit, or placed on a Lot, including but not limited to houses, swimming
pools, garages, spas, and recreational equipment which is affixed to the Lot.
1.17 "Invitee" means a person or persons that enter the Community for purposes of
personal business with the Owner, Resident or Occupant.
1.18 "Lot" or “Parcel” means any plot of land located within the Community and
designated as a "Lot" on the Plat of the Community and intended for residential use, but shall not
include the Common Areas as hereinafter defined.
1.19 "Member" means those Owners who are holders of membership interests in the
Association; as such interests are set forth in Article 2.
1.20 "Occupant" means the person(s) occupying a Dwelling Unit as a Resident or
Guest.
1.21 "Owner", "Lot Owner" or “Parcel Owner” means the record Owner of fee
simple title to any Parcel and the Dwelling Unit thereon, whether one or more persons or entities.
1.22 “Parcel” means the underlying real property, the Parcel, and the Dwelling Unit
thereon, if any, which is owned in fee simple and as designated as a Parcel in the records of
Sarasota County.
1.23 "Resident" means the person or persons occupying a Dwelling Unit and may be
an Owner, Guest or Tenant.
1.24 "Rules and Regulations" means the rules, regulations and policies governing the
Community that may be promulgated by the Board from time to time by resolution.
1.25 “Surface Water or Stormwater Management System” means the portion of the
Common Area, including improvements thereon, which are designed and constructed or
implemented to control discharges which are necessitated by rainfall events, incorporating
methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, over-drainage, environmental degradation, and water pollution, or otherwise affect the
quantity and quality of discharges from such system as permitted pursuant to applicable law,
including, but not limited to, all lakes, retention areas, culverts, swales, weirs and related
appurtenances and facilities.
1.26 “Tenant” means a person occupying a unit, other than the Owner, whether
pursuant to a verbal or written agreement, where said occupancy by the non-owner involves
consideration, the payment of money, the exchange of goods and services, etc.
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2. MEMBERSHIP AND VOTING RIGHTS
2.1 Member. Every Owner of a Parcel subject to Assessment shall be a Member of
the Association. Membership is appurtenant to and not divisible from ownership of a Parcel that
is subject to Assessment. Owners agree to maintain such membership in good standing as long
as they own such property.
2.2 Transfer. Transfer of ownership, whether voluntary or by operation of law, shall
terminate membership in the Association and said membership is then vested in the transferee.
2.3 Multiple Owners. When more than one person or entity shall at any time be the
Owner of a Parcel subject to a membership interest, the vote attributed to such Parcel shall be
exercised as provided in the Bylaws.
3. ASSESSMENTS
3.1 Common Expense. The costs and expenses incurred by the Association with
regard to the ownership, operation, maintenance and repair of the Common Areas and the
administration of affairs of the Association shall constitute Common Expenses. Other expenses
properly and reasonably incurred by the Association in performing and carrying out its duties
and obligations as specified in this Declaration, the Articles of Incorporation, the Bylaws or the
HOA Act shall constitute Common Expenses.
3.2 Allocation of Assessments. Except for any maintenance surcharge which may be
imposed on any Parcel pursuant to this Declaration, Assessments of the Association shall be
apportioned on a 1/275 basis.
3.3 Purpose of Assessment. There is hereby imposed upon each Parcel and its
Owner, the affirmative covenant and obligation, by acceptance of a deed or title to a Parcel, to
pay Assessments to the Association; and upon the Association the obligation to assess, collect
and expend for the Association's Common Expenses as listed but not necessarily limited to:
3.3.1 Charges levied for utility services to the Common Areas, whether
supplied by a private or public firm.
3.3.2 The premiums on any policy or policies of insurance required
herein, together with the costs of such other policies of insurance as the Board shall determine to
be in the best interest of the Association.
3.3.3 The cost to the Association of purchasing adequate fidelity
insurance or bonds to protect against dishonest acts on the part of Officers, Directors, trustees,
agents and employees of the Association and other persons who operate or are responsible for
operating the Association.
3.3.4 Expenses necessarily incurred in maintaining, preserving, repairing
and replacing the Common Areas and other facilities within the jurisdiction of the Association.
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3.3.5 Sums necessary to repair, replace, construct or reconstruct
buildings or improvements located in the Common Areas to the extent insurance proceeds are
insufficient to pay the costs thereof.
3.3.6 The costs of administration for the Association, including any
secretaries, bookkeepers and other employees necessary to carry out the obligations and
covenants of the Association under the Declaration, Articles or Bylaws. In addition, the
Association may retain a manager or management company to assist in the operation of the
Association and to perform or assist in the performance of certain obligations of the Association
hereunder. The fees or costs of any management company so retained are a Common Expense.
3.3.7 The costs to the Association to indemnify its Officers and
Directors for costs and expenses incurred in pursuit of their duties, obligations and functions
hereunder.
3.3.8 The costs of establishing an adequate reserve fund for replacement
and/or capital refurbishment of the Common Areas in amounts determined proper and sufficient
by the Board. Each Owner understands that no Owner shall have any separate or divisible
interest, claim or right to any such funds comprised of the same.
3.3.9 Special Assessments that may be levied to defray Common
Expenses, subject to the approval requirements contained within this Declaration and the
Bylaws, for which insufficient funds exist or are expected to be produced under the budget.
3.3.10 Expenses properly incurred by the Association, including but not
limited to expenses of the operation, maintenance, repair, replacement, or protection of the
Common Areas, costs of carrying out the powers and duties of the Association, and any other
expense, whether or not included in the foregoing, designated as a Common Expense by the
HOA Act, the Declaration, or the Bylaws.
3.3.11 The cost and expense of maintaining the landscaping of the
Common Areas and of the Lots as provided in Sections 4.3, 5.12 and 6 and irrigation systems of
the Lots, including but not limited to the costs of mowing, trimming, weeding, chemical
treatments, and irrigation system repairs and maintenance and sod maintenance, repair and
replacement.
3.3.12 The cost and expense of maintaining the lakes, wet detention areas
and drainage system, including but not limited to algae and weed control and the periodic
maintenance and cleaning of underdrains, inlets, storm drains and swales, including swales
across Lots.
3.3.13 The cost and expense, if any, of operating limited access gates and
personnel for the purpose of operating and maintaining gates, surveillance facilities and vehicles
used for monitoring and surveillance services.
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3.3.14 The cost and expense, if any, of bulk services for telephone, cable
or satellite television, internet and the like provided to the Lots.
3.3.15 The cost of installing, maintaining and operating any street lights
now or hereafter located on the Community Common Area.
3.3.16 The cost of compliance with all applicable law, statutes,
ordinances, regulations, permits and governmental orders.
3.3.17 Other costs and expenses determined by the Board to be reasonable
and necessary in carrying out and accomplishing the purposes, duties and obligations of the
Association that are not inconsistent with this Declaration, the Articles or Bylaws.
3.4 Budget. The Board shall prepare and adopt an estimated annual budget, as
required by the Bylaws of the Association, which shall reflect the estimated Common Expenses
for the next succeeding year and becomes the Regular Assessment.
3.5 Amendment of Budget. The Board may make adjustments in Regular
Assessments from time to time to allow for any changes for Common Expenses.
3.6 Time of Payment. Assessments are payable by Parcel Owners to the Association
in advance as set forth in the Bylaws and as determined by the Board.
3.7 Special Assessments. In addition to the Regular Assessments the Board may
levy a Special Assessment, subject to the approval of a majority of the Members of the
Association present (in person or by proxy) and voting at a duly noticed meeting at which a
quorum is present, for defraying in whole or in part Common Expenses not met or expected to be
met by Regular Assessments or use of reserve funds.
3.8 Lien. Assessments for Common Expenses (including Regular Assessments,
Special Assessments, and Charges) and installments thereof, with interest thereon and costs of
collection, (including reasonable attorney's fees and costs incurred in attempting to collect said
Assessments or Charges before suit or after the filing of suit, at the trial level, appellate level or
otherwise), are hereby declared to be a continuing lien upon the Parcel against which such
Assessments or Charges are made. Each Assessment or Charge against a Parcel, together with
interest thereon at the highest rate allowed by law, late fees, and costs of collection thereof,
including attorney's fees, are the personal obligation of the person, persons or entity owning the
Parcel assessed or charged and shall be the joint and several liability of all Owners of the Parcel.
The liability for Assessments or Charges is joint and several, and is both the personal obligation
of the person owning the Parcel when the Assessment or Charge became due and the obligation
of any successors in interest as a covenant running with the land. Said lien is effective from the
date of recordation in the Public Records of Sarasota County, Florida. The lien shall set forth the
amounts due to the Association as of the date the statement is signed and shall be acknowledged
by an Officer or agent of the Association. The lien shall secure additional amounts that become
due, as well as interest, late fees, attorney fees, and other costs and expenses of collection. Upon
recordation, the lien shall relate back to the date of recording the original Declaration, except as
Page 7 of 30
to the first mortgages of record.
3.9 Remedies for Delinquency. In the event any Owner fails to pay Assessments or
any installment thereof charged to the Parcel within fifteen days after the same becomes due, an
administrative late Charge (as provided by law) of $25.00 or 5 percent of the installment,
whichever is more, shall become due along with interest at the maximum rate permitted by law,
and the Association, through its Board, shall have, but not be limited to, the following remedies.
3.9.1 To accelerate the entire amount of any Assessments for the
remainder of the calendar year, notwithstanding any provisions for the payment thereof in
installments.
3.9.2 To advance on behalf of said Owner funds to accomplish the needs
of the Association. The amount or amounts of money so advanced, including attorney's fees and
expenses which might have been reasonably incurred because of or in connection with such
advance, including costs and expenses of the Association if it must borrow to pay expenses
because of said Owner, together with interest at the highest rate allowable by law, may thereupon
be collected or enforced by the Association and such advance or loan by the Association shall
not waive the default.
3.9.3 To file an action in equity to foreclose its lien at any time after the
effective date thereof. The lien may be foreclosed by an action in the name of the Association in
a like manner as the foreclosure of a mortgage on real property or as otherwise provided by law.
3.9.4 To file an action at law to collect said Assessments, plus interest at
the highest rate allowed by law plus court costs, without waiving any lien rights and/or rights of
foreclosure by the Association.
3.9.5 The Association may apply to a court of competent jurisdiction,
either in connection with the institution of a foreclosure suit, a personal suit, or otherwise to have
rental proceeds of a Parcel in default paid directly to the Association, the court registry, or a
receiver, as the court may direct.
3.9.6 The Association may elect to terminate any existing leases with
respect to Parcels in default and prohibit the Parcel from being rented in the future until the
default is cured.
3.9.7 The Association may choose any of these courses of action, as the
Board deems appropriate, without the same constituting a waiver or election of remedies.
Tenants who rent Parcels in this Association are deemed to assent to the terms of this provision.
3.9.8 Payments received after the due date established by the Board shall
be applied first to interest, late fees, costs and attorney fees and then to the principal owed
regardless of any restrictive endorsement included with the payment.
Page 8 of 30
3.10 Non-Use. No Owner may waive or otherwise escape liability for payment of
Assessments, interests or costs by reason of non-use or abandonment of the Common Areas.
3.11 Determination of Assessment. Each Lot shall be subject to an equal
Assessment, except that the Lot expenses shall be apportioned pursuant to the landscape
maintenance costs contained in the annual budget, which shall generally be based on the Lot type
(i.e. “Villa”, “Club” or “Executive” Lot).
3.12 Rights of Institutional First Mortgagees. All savings and loan associations,
banks, credit unions, mortgage bankers, private or public mortgage companies, mortgage
brokers, insurance companies, pension funds, agencies of any state government, and agencies of
the United States Government (including the Veterans Administration, the Federal Housing
Administration, the Federal National Mortgage Association, and the Federal Home Loan
Mortgage Corporation), and their subsidiaries, affiliates, successors and assigns, holding first
mortgages upon any of the Lots are herein referred to as “Institutional First Mortgagee.” Any
institutional first mortgagee that acquires title to a Lot through mortgage foreclosure or
acceptance of a deed in lieu of foreclosure shall not be liable for any assessments levied against
such Lot which became due prior to the acquisition of such title unless a claim of lien for such
assessments was recorded prior to the recording of the mortgage or otherwise provided by law.
4. PROPERTY RIGHTS
The use and occupancy of any Lot will be subject to the easements depicted on the Plat, those
heretofore or hereinafter dedicated to and accepted by the Association, and those described in the
Governing Documents.
4.1 Community Common Areas. Community Common Areas shall be identified by
designation as such on a Plat or otherwise by Developer (Lee Wetherington Development, Inc.)
Community Common Areas may include, but not be limited to, entranceways, roadways,
including all traffic control devices, lakes and drainage areas, preservation areas, conservation
areas, recreation areas, personal property and improvements thereon or appurtenant thereto, open
space and buffers, and all easements conveyed or dedicated to the Association. The
administration, operation and maintenance of the Community Common Areas shall be the
responsibility of the Association. The Community Common Areas shall be for the sole and
exclusive use of Developer, the Association, the Lot owners, and their family members, guests,
licensees, invitees and lessees, as specifically provided in this Declaration and subject to any
rules promulgated in this regard.
4.2 Easements. The respective rights and obligations of the Lot Owners, the
Association, Developer and others concerning easements affecting the Platted Property shall
include the following:
4.2.1 Reserved by Developer: Developer hereby reserves for the benefit
of itself, its successors and assigns, perpetual easements for (1) the installation, construction,
repair, maintenance, and replacement of lines, pipes, wells, drains, cables, equipment, apparatus,
structures, roads, driveways, and other improvements for private or public utility services of all
Page 9 of 30
kinds, including without limitation, water, sewer, drainage, irrigation, fire protection, electricity,
telephone, cable television, and trash disposal, over under, through, and across the Platted
Property; and (2) ingress and egress by pedestrians, runners, bicycles, automobiles, and other
vehicles over, under through, and across the subdivision streets for the purpose of obtaining
access to the Platted Property and properties adjacent thereto, together with the right to construct,
maintain, and replace such roads, walkways, bike paths, and other improvements as may be
reasonably appropriate for the use and enjoyment of such easement. Developer may assign and
convey any of the foregoing easements to such persons or entities as Developer may deem
appropriate for the use of such persons or groups of persons as may be designated and upon such
terms as may be established by Developer.
4.2.2 Granted to Lot Owners. Each Lot Owner is hereby granted a non-
exclusive perpetual easement over and across the streets within the Platted Property for ingress
and egress to and from the owner’s Lot.
4.2.3 Granted to and by the Association. There is hereby granted to the
Association a perpetual non-exclusive easement across each Lot for the purposes of maintaining
and replacing all landscaping and irrigation systems, and for maintaining the stormwater
drainage system within the Platted Property.
The use of any easement granted under the provisions of this paragraph shall not include the
right to disturb any building or structure on the Platted Property, and any damage caused to same
shall be repaired at the expense of the party causing such damage. In the event a party’s use of
an easement granted pursuant to the terms hereof causes a disturbance of the surface of the land,
then the roadways, grass, landscaping, and other improvements which are disturbed shall be
restored promptly by such party as nearly as possible to their prior condition.
4.3 Administration and Operation. The Association, through its Board, shall
maintain, repair, and replace as part of the common expenses:
4.3.1 The Community Common Areas and any improvements thereon,
including recreational facilities, buildings, personal property, structures, all electrical,
mechanical, plumbing, irrigation and other equipment serving the common areas, and all sod,
shrubs, and other landscaping located within Community Common Areas.
4.3.2 Sod located within the Lots, and the irrigation systems servicing
the Lots, including well, pumps, pipes, valves, sprinkler heads, and other components of the
irrigation system. Notwithstanding anything else contained herein, the Association shall
maintain but not replace shrubs, plants, trees, or groundcover located within the Lots. Removal
and replacement of shrubs, plants, trees, and groundcover shall be the sole responsibility and
performed at the expense of the Lot Owner except as otherwise provided in 5.12.
4.3.3 All portions of the Stormwater Management System which include
all drainage areas, drainage structures, littoral areas, swales across Lots and drainage devices that
are part of the system approved by Sarasota County; provided, however, no portion of the
Stormwater Management System shall be altered without the prior written approval of Sarasota
Page 10 of 30
County’s Resource Protection Services Office, the Sarasota County Engineer or his authorized
designee. In the event the Association, or any successor organization, shall fail to adequately
maintain the Stormwater Management System in accordance with Sarasota County standards,
Sarasota County shall have the right, but not the obligation, to enter the subdivision for the
purpose of maintaining the Stormwater Management System. All expenses incurred by Sarasota
County in maintaining the Stormwater Management System shall be assessed prorate against the
Lots and shall be payable by the Owners of the Lots within sixty (60) days after receipt of a
statement therefore. If any Owner fails to pay such Assessment within said sixty (60) day
period, the Assessment shall become a lien on such Owner’s Lot which may be foreclosed by
Sarasota County. The rights of Sarasota County contained in this restriction shall be in addition
to any other rights Sarasota County may have regulating the operation and development of the
subdivision.
4.4 Management Agreement. The Association, acting through its Board, is
authorized to enter into an agreement with any person or legal entity to act as managing agent to
handle the administrative affairs and maintenance obligations of the Association upon such terms
and conditions as the Board may deem to be in the best interest of the subdivision and the Lot
Owners. The Board shall, however, retain at all times the power to adopt budgets, levy Regular
Assessments, Special Assessments (subject to the requirements contained in this Declaration and
the Bylaws), promulgate rules, and otherwise determine matters of a non-ministerial character.
4.5 Insurance, Destruction and Reconstruction. The Association shall obtain and
maintain fire and extended coverage insurance with a responsible insurance company for all of
the insurable improvements (if any) included within the Community Common Areas, for the full
replacement value thereof, unless this obligation is waived by affirmative vote of Lot Owners
holding a majority of the voting interests. The Association shall also obtain and maintain public
liability insurance covering the Community Common Areas. The premiums for such insurance
coverage shall be a part of the common expenses. The Association shall have the authority to
compromise and settle all claims against the Association or upon insurance policies held by the
Association. Each Lot Owner will be responsible for obtaining such insurance coverage as the
Lot Owner determines to be appropriate for any improvements located upon that Owner’s Lot.
Each Lot Owner will be responsible for procuring and maintaining public liability insurance
covering losses which may occur on and about that owner’s Lot.
4.6 Disputes as to Use. In the event there is any dispute as to whether the use of the
Platted Property or any portion thereof complies with the Declaration, such dispute shall be
referred to the Association.
5. USE RESTRICTIONS
All Owners agree to abide by this Declaration, the Articles of Incorporation, the Bylaws and
Rules and Regulations of the Association as they may be amended from time to time. The
Property, which shall include all Lots that result from the subdividing and platting of the Parcels
and all Common Areas or tracts, shall be subject to the following restrictions, reservations and
conditions, which shall be binding upon each and every Owner who shall acquire hereafter a Lot,
and shall be binding upon their respective heirs, personal representatives, successors and assigns.
Page 11 of 30
5.1 General Use Restrictions. No Lot Owner, Tenant, or other Occupant of a Lot
(which, for the purposes of this paragraph, shall include the Dwelling constructed thereon) shall:
5.1.1 Use the Lot other than for single family residential purposes,
which is herein defined as occupancy of a Dwelling for single family residential use which shall
be limited to one person, two people no matter how related, or three or more persons all of whom
are related to each other by blood, marriage or legal adoption. In no event shall a Dwelling be
occupied by more than two permanent occupants per bedroom.
5.1.2 Do any of the following without the prior written consent of the
Board: paint or otherwise change the appearance of any exterior wall, door, patio, terrace,
screening, or any exterior surface; place any sun screen, blind, or awning on any balcony or
exterior surface or opening; tint, color, or otherwise treat or apply anything to any window which
will adversely affect the uniform exterior appearance of the building in the opinion of the Board;
erect a solar water-heating system; plant any planting outside of the Dwelling interior; erect any
exterior lights or signs; place any signs or symbols in windows or on any exterior surface.
5.1.3 Construct any improvements upon the Lot, including walls, any
fencing, sheds, recreational equipment or ornamental art apart from the initial Dwelling
constructed upon the Lot or such reconstruction of the dwelling in the event of casualty
destruction, as may be approved by the ARC and/or Board of Directors.
5.1.4 Cause or permit loud or objectionable noises or obnoxious odors to
emanate from the Lot or other property in the subdivision which may cause a nuisance to the
occupants of other Lots in the sole opinion of the Board.
5.1.5 Make any use of the Lot or other property in the subdivision which
violates any laws, ordinances, or regulations of any governmental body;
5.1.6 Fail to conform to and abide by the provisions of this Declaration,
the Association’s Articles of Incorporation and Bylaws.
5.1.7 Divide or subdivide the Lot for purpose of sale or lease.
5.1.8 Obstruct the common way of ingress and egress to the other Lots
or the Community Common Areas.
5.1.9 Allow anything to remain on the Lot which would be unsightly or
hazardous.
5.1.10 Allow any fire or health hazard to exist.
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5.1.11 Park any vehicle in any area other than in a driveway, a designated
parking area, or in a garage, except during occasional social gatherings.
5.1.12 Discharge saline or other regenerating solution from water
softening equipment or any other chemicals into any street, easement, surface water drain, or
portion of the Property so as to harmfully affect any landscaping or plants or pollute the
Stormwater Management System.
5.1.13 Conduct a sale of personal property of any nature, whether
advertised or unadvertised, commonly referred to as garage sales, yard sales, estate sales or
charity sales, that draw members of the public to the subdivision.
5.2 Signs. No signs, except a real estate sign (e.g. “for sale” sign) not exceeding four
square feet in surface area, shall be erected or displayed to the public view on any Lot.
Notwithstanding the foregoing, the Association specifically reserves the right for itself, its
successors, nominees and assigns and the Association to place and maintain any and all signs
they may deem necessary, regardless of whether or not the sign complies with the mandates of
the Association and its Members, in connection with construction, marketing, sales and rental of
Lots and identifying or informational signs anywhere on the Property.
5.3 Violation. If any person claiming by, through or via its successors or assigns, or
any other person, shall violate or attempt to violate any of the covenants herein, it shall be lawful
for the Association or any person or persons owning real estate subject to these covenants to
bring any proceeding at law or in equity against the person or persons violating or attempting to
violate any such covenants, including action to enjoin or prevent him or them from so doing, or
to cause the violation to be remedied and to recover damages or other dues for such violation. If
the party or parties bringing any such action prevail, they shall be entitled to recover from the
person or persons violating these restrictions the attorney’s fees and costs referenced in Article
11 herein. Invalidation of any of these covenants by judgment of court order shall in no way
affect any of the other covenants and provisions, contained herein, which shall remain in full
force and effect.
5.4 Residential Lots. All Lots included within the real estate to which these
restrictions pertain shall be known and described as residential Lots. No structure shall be
erected, altered, placed or permitted to remain on any of said Lots, other than for residential use.
5.5 Mining or Drilling. There shall be no mining quarrying or drilling for minerals,
oil, gas or otherwise undertaken within any portion of the Property. Excepted from the foregoing
shall be activities of the Association, or any assignee of the Association, in dredging the water
areas, creating land areas from water areas, or creating, excavating or maintaining drainage or
other facilities or easements, and/or the installation of wells or pumps in compliance with
applicable governmental requirements, or for sprinkler systems for any portions of the Property.
5.6 Antennas, Satellite and other Communication Systems. Except as otherwise
permitted herein, no radio or other communication system antenna or aerial, weather-vanes,
anemometers, or exposed wiring is permitted upon any Lot or exterior of any Dwelling Unit for
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any purpose, nor shall any such equipment be permitted or maintained inside a Dwelling Unit
which emanates or creates radio or television reception interference with any neighboring
residences, without the prior written approval of the Board of Directors. This provision does not
apply to the Association with respect to the installation of equipment necessary for a master
antenna system, cable TV system or other similar systems within the Common Areas.
Notwithstanding the foregoing, certain television, satellite, or other antenna systems may be
erected or installed upon or within Lots/Dwellings, subject to compliance with the following
requirements:
5.6.1 Permitted antennas include (collectively hereinafter referred to as
“antennas”):
5.6.1.1 Direct broadcast satellite dishes (DBS) that are less than one
meter in diameter;
5.6.1.2 Multi-channel, multi-point distribution service devices
(MMDS) that are less than one meter in diameter or diagonal measurement. Such devices may be
mounted on “masts” to reach the height needed to establish line of sight contact with the transmitter
provided no mast may be higher than twelve feet above the roof line of a residence without prior
written approval of the Association.
5.6.2 To the extent feasible, all antennas must be placed in locations that are not
visible from any street and in a location to minimize annoyance or inconvenience to other Residents
of the Community if this placement would still permit reception of an acceptable quality signal.
However, no antenna or its related equipment and wiring may be placed upon or over the Common
Areas without the Board of Directors’ written approval.
5.7 Laundry Drying or Hanging. The outside drying or hanging of laundry is
expressly prohibited on any and all portions of the Property, except under the limited provisions
set forth hereafter. Owners are discouraged from any outside drying or hanging of laundry on a
Lot. If any Owner does proceed with outside drying or hanging of laundry, such activity shall be
restricted to the rear yard of the Lot. Further, such drying or hanging of laundry shall be fully
concealed so as not to be visible from the front of the Lot. Any pole, line or other device used
for hanging of laundry shall be portable and shall be removed when not in use.
5.8 Vehicles and Recreational Equipment. No truck or commercial vehicle,
(except police or other governmental automobiles), mobile home, motor home, house trailer,
utility trailer, camper, boat, boat trailer or other recreational vehicle or equipment, horse trailer,
bus, passenger vehicle without current registration, van (other than a passenger van), or the like
shall be permitted to be parked or to be stored at any place on any portion of the Property unless
they are parked within a garage, or are located on a Lot so they cannot be seen from any street
and are shielded from view from any adjoining Lot. For the purposes of this rule the following
definitions shall apply:
5.8.1 “Truck” means a vehicle with any sort of weight capacity, which
has a compartment or bed for carrying cargo, as opposed to passengers. Regardless if such
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vehicle has a cover or “topper” for the cargo-carrying area, it shall be deemed to be a truck.
“Pick-up trucks” with a cargo capacity of one ton or less shall be permitted on the Property.
5.8.2 “Commercial Vehicle” means any vehicle, which from viewing the
exterior of the vehicle or any portion thereof, shows any commercial marking, signs, displays, or
otherwise indicates a commercial use.
This prohibition of parking shall not apply to temporary parking of trucks and commercial
vehicles used for pickup, delivery and repair and maintenance of a Lot.
Any such vehicle or recreational equipment parked in violation of these or other regulations
contained herein or in the Rules and Regulations adopted by the Association may be towed by
the Association at the sole expense of the Owner of such vehicle or recreational equipment if it
remains in violation for a period of twenty-four (24) consecutive hours or for forty-eight (48)
non-consecutive hours in any seven (7) day period. The Association shall not be liable to the
Owner of such vehicle or recreational equipment for trespass, conversion or otherwise, nor guilty
of any criminal act by reason of such towing and neither its removal nor failure of the Owner of
such vehicle or recreational equipment to receive any notice of said violation shall be grounds
for relief of any kind.
5.9 Animals. No livestock, poultry or other animals shall be raised, bred, or kept on
any Parcel, Dwelling Unit or on the Common Areas, except domestic dogs, cats, other household
pets and ornamental birds in cages. The scope of household pets shall be as determined by the
Board of Directors and as may be further defined in the Rules and Regulations. By way as
example only, household pets do not include ferrets, snakes, iguanas, rabbits, etc. If any pet
becomes a nuisance or source of annoyance to any other Owner or Resident, as determined by
the Board, such animal(s) shall be permanently removed from the Dwelling Unit, Lot and
Community upon written notice from the Board. As required by Sarasota County Ordinance,
dogs and cats shall not be permitted to run at large. Anytime a Member’s pet walks outside of
the Dwelling Unit the pet must be on a leash at all times. Pet owners must remove pet waste,
regardless of location, and dispose of the same in a sanitary manner by placing the waste in their
own trash receptacle, and not by placing it in a storm drain.
5.10 Compliance with Documents. Each Owner and their family members, Guests,
Invitees, licensees, sub-tenants, Tenants and their family members shall be bound and abide by
this Declaration. The conduct of the foregoing parties shall be considered to be the conduct of
the Owner responsible for, or connected in any manner with, such individual’s presence within
the Property. Such Owner shall be liable to the Association for the cost of any maintenance,
repair or replacement of any real or personal property rendered necessary by his act, neglect or
carelessness, or by that of any other of the foregoing parties which shall be immediately paid for
by the Owner as a Special Assessment as provided in Article 3 herein. Failure of an Owner to
notify any Person of the existence of the covenants, conditions, restrictions, and other provisions
of this Declaration shall not in any way act to limit of divest the right to enforcement of these
provisions against the Owner or such other person.
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5.11 Association Waiver. In the event that a violation of any of these restrictions
shall inadvertently occur, which violation shall not be of such nature to defeat the intent and
purpose of these covenants, the Association shall have the right and authority to waive such
violation.
5.12 Maintenance Provisions. Each Lot Owner shall maintain, repair, and replace all
improvements, located upon the Owner’s Lot, excluding sod and yard irrigation system. It is the
intent hereunder that the Association shall maintain only sod, routine mowing, trimming trees,
weeding, chemical treatments of Lots and irrigation systems and that the Lot Owner shall be
responsible for all other maintenance, replacement and repair, including exterior painting and
roof pressure cleaning. The Association Board may from time to time establish reasonable
maintenance standards concerning Dwelling-owner maintenance and repair responsibilities for
Dwellings constructed upon Lots in the subdivision. In the event a Lot Owner fails to fulfill the
maintenance obligations as set forth above, the Association, at the discretion of the Board, may
undertake such maintenance and make such repairs as the Board may deem necessary, and the
cost thereof shall be assessed against such defaulting Lot Owner and shall be payable within 30
days after delivery of written notice of the Assessment.
5.13 Mailboxes. Maintenance, repair and replacement of mailboxes and the structures
upon which they are affixed are an Association responsibility. Owners are responsible for the
prompt notification to the Manager’s Office when mailbox repair or replacement is required and
providing the circumstances, if known, that necessitated the action in potential cases of liability
for damages.
5.14 Yard Post Lights and Poles. Maintenance, repair and replacement of the post
light and poles at the head of the front walkway on each Dwelling Unit are the responsibility of
the Owner. This includes the light sensor affixed to the side of each Dwelling Unit that controls
the on/off cycle of the lamp. The light fixture is provided for safety and aesthetic purposes.
Replacement light bulbs shall be a white, 13-watt output (60 watt equivalent) 8000-hour compact
fluorescent bulb. This bulb or its close equivalent in color, type and wattage is to be the standard
replacement bulb. Holiday display of a colored bulb other than white is permissible providing
the display is limited to the time period indicated in the Rules and Regulations. Design and color
of all yard post lights and poles must remain common and uniform to all Lots, as determined by
the Board of Directors.
5.15 Flags. Any Owner may display one portable, removable, United States flag or
official flag of the State of Florida in a respectful manner consistent with Title 36 U.S.C. 10 at
any time including national holidays; the same applies for United States military service flags as
referenced in Section 720.304(2), Florida Statutes. If flown after sunset, the National Flag
should be illuminated. Other flags may be permitted if so authorized in the Rules and
Regulations. Fixed flagpoles on the grounds of a Lot are not permitted, subject to the exceptions
contained within Section 720.304(2)(b), Florida Statutes, whereas a bracket for the purpose of
displaying a flag may be attached to the Dwelling Unit.
5.16 Trash, Waste, Recycling and Yard Waste Receptacles. Household trash and
organic waste shall be placed in solid containers with sealable/secure covers to minimize
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attraction and disturbance by rodents and other animals. Curbside placement of receptacles and
recycling containers shall not be earlier than 6 p.m. before the day of scheduled pick-up. Once
emptied, all shall be retrieved and stored inside the Dwelling Unit as soon as possible after
collection. Florida law prohibits disposal of yard waste in lined/sanitary landfills. Yard waste is
not to be commingled with household solid waste but shall be placed separately in trash bags and
the like for curbside pick-up. Place yard waste at the end of the driveway opposite solid waste
containers. Rubbish, refuse, garbage, or trash must not accumulate in places other than the
receptacles provided therefore, and all Lots must be maintained in a clean and sanitary condition
at all times.
5.17 Exterior Surface Cleaning and Gutters and Downspouts. Power washing of
exterior surfaces, including but not limited to roofs, driveways, walls of Dwelling Units,
walkways or any hard/impervious surfaces will require submission of an ACR form for ARC
approval. This requirement is designed to insure that Owners and/or their contractors utilize
materials that are not harmful to landscaping and are compatible with good environmental
practices. New installation or replacement of existing gutters and downspouts requires an ACR
form for ARC approval.
5.18 Storm and Hurricane Protection. For homeowners who wish to protect their
Dwelling Unit, the installation and removal of hurricane/storm shutters and other protective
applications shall be governed as follows:
5.18.1 Protection During the Hurricane Season. Hurricane/storm
shutters and other protective applications may be installed on any Dwelling Unit from June 1st
through November 30th
(the generally accepted hurricane season) provided the protective
package has been previously submitted to the Architectural Review Committee (ARC) and
subsequently approved by the Board. The shutters or other protective applications, subject to
Board approval upon submission of an Architectural Change Request (ACR) form available at
the Association’s website or the Manager’s office, shall be one or a combination of the following
materials:
5.18.1.1 Clear, wind and impact resistant panels.
5.18.1.2 Metal panels, e.g. accordion, roll-down, or
corrugated, with a finished surface as applied by the panel manufacturer and compatible with the
house trim or body color.
5.18.1.3 Metal or wood panels painted by the homeowner to
match the house trim or body color.
5.18.1.4 Wind resistant mesh panels made from heavy-duty
storm fabric.
5.18.1.5 Clear, hurricane or safety protective window films.