LOST LAKE GOLF CLUB POA ARCHITECTURAL REVIEW COMMITTEE (ARC) RULES, RESTRICTIONS and STANDARDS DOCUMENT Revision 1 Page 1 of 63 LOST LAKE GOLF CLUB POA ARCHITECTURAL REVIEW COMMITTEE (ARC) RULES, RESTRICTIONS and STANDARDS DOCUMENT Revision 1 Approved at ARC Meeting of November 13, 2018
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LOST LAKE GOLF CLUB POA ARCHITECTURAL REVIEW COMMITTEE (ARC)
RULES, RESTRICTIONS and STANDARDS DOCUMENT
Revision 1
Page 1 of 63
LOST LAKE GOLF CLUB POA
ARCHITECTURAL REVIEW COMMITTEE (ARC)
RULES, RESTRICTIONS and STANDARDS DOCUMENT
Revision 1
Approved at ARC Meeting of November 13, 2018
LOST LAKE GOLF CLUB POA ARCHITECTURAL REVIEW COMMITTEE (ARC)
RULES, RESTRICTIONS and STANDARDS DOCUMENT
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TABLE OF CONTENTS
RECORD OF REVISIONS ..................................................................................................................... 5
ARTICLE I .............................................................................................................................................. 9
Section 1: ARCHITECTURAL RULES, GUIDELINES AND PROCEDURES: ................................ 9
Section 2: ARCHITECTURAL REVIEW APPLICATION PROCESS ............................................... 9
Section 8: VIOLATIONS PROCEDURE (SEE ARTICLE III, APPENDIX EXHIBIT B SECTION 22, ENFORCEMENT) ....................................................................................................... 12
ARTICLE II .......................................................................................................................................... 13
RULES, RESTRICTIONS and STANDARDS .................................................................................... 13
ARTICLE III ......................................................................................................................................... 31
USE RESTRICTIONS AS DECLARED IN THE COVENANTS ...................................................... 31
LOST LAKE GOLF CLUB POA ARCHITECTURAL REVIEW COMMITTEE (ARC)
EXHIBIT “H” – DESIGN GUIDELINES – New Landscape Material Requirements ......................... 58
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RECORD OF REVISIONS
Revision Description Date
0 The revision previous to this Revision 0 was issued January 1, 2013. This revision updates the document format, incorporates changes approved in April 2014, and changes recently approved and discussed in 2017 and 2018 and removes items that are not within the scope of the ARC. Specific Revisions are: 1. Added Header to every page. 2. Added Document Record of Revisions 3. Revised Table of Contents. 4. Article I:
• Update revision date in Section 1. • Clarified in Section 2 the reason for HOA Director signature on
ARC Application. • Added a Note in Section 2 to clarify conditions for ARC
Application acceptance. Also added a Caution to ensure that contracted projects are compliant with ARC requirements.
• Added last sentence in Section 3 to clarify that ARC has no jurisdiction, review or approval for changes to Common Areas (i.e., POA property).
• Explain in Section 4 the purpose for listing the Lost Lake Golf Club Article XII Use Restrictions in Article III.
• Deleted Sections 5 and 7 as they do not directly apply to the ARC. • Revised Section 6 to clarify Use Restrictions as they apply to the
ARC. • In Section 8, clarified in Title the location of Appendix Exhibit B
Section 22. Added description of process for notification and dispositioning ARC related violations.
5. Article II: • Revised Section 3 Item 1 to clarify need for ARC approval of any
original landscaping changes. Added new Item 10 to clarify requirements for patio home alcoves to facilitate owner and co-owner understanding of proposed changes. Moved old Item 3 to new Item 10.d and renumbered Items 4 through 10. Revised new Item 4 to clarify paver edging and drainage requirements and forbid use of pea gravel. Removed requirement for landscaping stone color in new Item 5. Added new Section 3A to state requirements for tree replacement.
May 8, 2018
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RECORD OF REVISIONS
Revision Description Date
0 (Cont’d)
• Revised Section 4 Item 2 to increase the light wattage to 12 watts and Item 5 to require exterior wiring to meet local electrical code.
• Revised Section 5 to add “Front Entrance Lights” to title and to clarify requirements for similarity and standardization for outdoor lighting. Addressed replacement after storm or severe weather event.
• Added “Security” to Section 6 title.
• Revised Section 7 requirements for installation, location and approval for pools & pool heating equipment.
• Revised title of Section 8 to read, “Front Entry Enclosures,” so that it only addresses the enclosures on single family homes.
• Added new Section 8A, “Garage Door – Roll Down/Pull Down Screens”.
• Revised Section 9 to clarify lanai and pool enclosure installation requirements.
• In Section 11, removed restriction regarding plywood shutters for patio homes with a common roof in Item 4. Added requirement that homeowners away from May 1st to November 30th need to arrange for shutter installation/removal.
• Combined Sections 12 and 30 as they both addressed “House Exterior”. Deleted Section 30.
• Added new Section 12A, “Roofs” to address roof replacement requirements.
• In Section 13, clarified use of pavers for driveways and/or walkways and need for French drain under driveway. Added requirement to use non-skid textured finish.
• Deleted Section 15, “Holiday Decorations” as the requirements are covered in Section 5.
• Revised Section 16 title to read, “Statues and Fountains.” Clarified statue and fountain size in Item 1. Added need to bury fountain electrical wire in Item 1. Deleted automatic approval for wildlife and animal statues in Item 3.
• Revised Section 17 to remove reference to Christmas Lights as they are addressed in Section 5.
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RECORD OF REVISIONS
Revision Description Date
0 (Cont’d)
• Deleted Section 18, “Garbage Containers” as the requirements are not within the ARC scope.
• In Section 19, added new Item 4 to identify approved colors for garage door re-painting.
• In Section 20, deleted Item 4 concerning ARC and HOA approved front door designs, as there are no HOA specific front door requirements.
• Revised Section 21 to remove pet related requirements not within the ARC scope.
• Revised Section 22 to clarify window treatment requirements.
• Deleted Section 23, “Unsightly and Unkempt Conditions,” as the requirements are not within the ARC scope.
• Revised Section 24 to clarify flag display requirements.
• Revised Section 26 Item 3 to add 4" minimum house number height. Deleted reference to signs being available through the property manager.
• Revised Section 27 to clarify use of “Security” signs. In Item 1 removed requirement to included “Lost Lake” in residence signs and removed “burglar alarm companies” from Item 3 prohibited signs.
• Revised Section 28 to remove vehicle parking requirements not within the ARC scope.
• Revised May 30th to May 1st in Section 29 Item 6 to be consistent with Section 11.
• Revised Section 31 to clarify requirements when installing whole house generators and propane tanks.
• Added new Section 33, “Exterior Security Cameras”. 6. Added revised ARC Application Form as Exhibit F.
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RECORD OF REVISIONS
Revision Description Date
1 Revised to:
• In Article II, deleted Section 2, Item 4 to relocate trellis and arbor restriction from Section 2, Item 4 to new Section 3, Item 11 as restriction is universal for hurricane protection and not just for golf ball blocking.
• In Article II, revised Section 3, Item 1 to incorporate requirement to consult Exhibit H, “DESIGN GUIDELINES - New Landscape Material Requirements”.
• Added new Exhibit H, “DESIGN GUIDELINES - New Landscape Material Requirements”. The Guidelines are based on original Divosta LLGCPOA requirements, and include a Florida Exotic Pest Plant Council 2017 List of Invasive Plant Species.
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ARTICLE I
Section 1: ARCHITECTURAL RULES, GUIDELINES AND PROCEDURES:
These guidelines represent an overall compilation of the Architectural Rules, Guidelines and
Procedures (hereinafter Guidelines) promulgated by the Architectural Review Committee (ARC) from
1999 through the current issue date of May 8, 2018. These guidelines shall be periodically updated to
reflect new Guidelines as well as revisions and/or clarifications promulgated by the ARC.
This document is intended to:
A. Provide a summary compilation of Guidelines for the Homeowners of LLGCPOA to use in
planning an alteration or addition to their properties including landscaping.
B. Facilitate ARC processing of Applications for approval of New Construction or proposed
modifications including landscaping.
C. Facilitate the identification of violations of the Architectural Guidelines.
These Architectural Guidelines are not intended to include all of the detail and requirements stipulated
in the Declaration of Covenants, but rather should be considered as a supplement to the Covenants.
Accordingly, Homeowners, Architectural Committee members, and members of the Board of Directors
should thoroughly review the latest revision of the restated Declaration of Covenants as well as these
Architectural Guidelines.
Section 2: ARCHITECTURAL REVIEW APPLICATION PROCESS
Applications for approval of “Proposed Changes” to existing home and/or property shall be prepared
using an Architectural Review Request form (see Exhibit F) with pertinent sections completed by the
property owner and/or their authorized representative. The completed application form shall be
submitted along with (2) copies of appropriate attachments (e.g. plat survey, construction drawings,
landscape drawings, photographs, materials listing, colors, licenses, insurance certificates, etc.) to the
ARC Committee or Property Manager Office. Completed Applications may be submitted via e-mail to
your ARC Representative. HOA Director signature required to see if change affects their HOA budget
only.
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Note: All applications shall be submitted on a “completed” Architectural Review Request form (see
Exhibit F for current form). Incomplete applications shall not be considered for ARC approval.
CAUTION: THESE ARC GUIDELINES SHOULD BE REVIEWED TO ENSURE THAT
CONTRACTED PROJECTS ARE COMPLIANT WITH THESE
REQUIREMENTS.
A. The ARC shall complete their review within 45 days from the date of receipt of an acceptable
application unless the ARC requests additional information.
B. The property manager shall be responsible to (1) Notify the applicant of the ARC’s decision
(2) Mail a copy of the ARC’s decision to the applicant (3) Maintain a complete file of the
application and associated responses for the Associations’ records.
C. The property manager shall monitor construction activities to insure and confirm overall
compliance with the conditions of approval. Any deviations from the conditions of approval
observed by management shall be immediately brought to the attention of the ARC. The ARC
shall have overall responsibility to pursue final resolution of all non-compliant conditions.
D. A fee may be required to accompany an application for review (e.g. construction of new walls,
screen enclosures, etc.). Fees may be charged on a case-by-case basis if costs are incurred by
the Association in reviewing the applications.
E. The property owner shall be responsible for ensuring that all required governmental permits
and approvals and underground facilities location are secured in a timely manner and prior to
Note: ARC approval is not required for air conditioner replacement unless the location is changed.
Original concealment plantings shall be maintained or additional approval is required (see
Item 4).
1. When replacing air-conditioning units, it is required that the existing “through-the-wall” chase
must be used. All piping must be routed through the same access penetration as the original
equipment.
2. No wires, conduits or piping may be attached to the exterior of the house.
3. No window or wall air-conditioners shall be approved.
4. Plantings added to conceal an air conditioner must be approved by the ARC.
5. Ground source and water source air conditioners and heat pumps shall not be approved.
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6. All air-conditioning contractors must be licensed and insured in Martin County.
Section 33: EXTERIOR SECURITY CAMERAS
1. Exterior security cameras are permitted for all homes.
2. Cameras must be mounted under the roof soffit of your home only. Wires should be run in the
attic and not along soffit.
3. Cameras shall be white if possible.
4. Cameras must be positioned in such a way as to not be directed at any neighbor’s windows or
property, and not invade the privacy of a neighbor. Florida Law is very specific in this regard.
5. In the case of the attached Patio homes, specifically the area of the alcove, cameras must be
mounted to the rear of your side of the alcove and pointed towards the street. They may never
be pointed into the alcove, which has shared windows.
6. Florida Law requires that you display a small sign on your property advising that surveillance
cameras have been installed on your property for security purposes. Window signs are not
allowed. They may be in your front planting beds, within 10’ of your entry door.
7. Since this is an exterior alteration, ARC approval is needed.
8. Any cameras installed prior to this revision, are grandfathered in, so long as they meet the
above guidelines.
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ARTICLE III
USE RESTRICTIONS AS DECLARED IN THE COVENANTS
As declared in the: LOST LAKE GOLF CLUB AMENDED & RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOST LAKE GOLF CLUB
ARTICLE XII
USE RESTRICTIONS
SECTION 1 THROUGH SECTION 31, PAGES 28 THROUGH 36 Use Restrictions The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for the Declarant, the Association or the Golf Club) as may more particularly be set forth in this Declaration and amendments hereto. Any Supplemental Declaration or additional covenants imposed on the property within any Housing Area may impose stricter standards than those contained in this Article. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. The Association, acting through its Board of Directors, shall have authority to make and to enforce standards and restrictions governing the use of the Properties, in addition to those contained herein, and to impose reasonable user fees for use of Common Area facilities. Section 1: Signs No sign, billboard or advertisement of any kind, including, without limitation, those of realtors, contractors and subcontractors, shall be erected within the Properties. The Declarant shall have the right to erect signs as it, in its discretion, deems appropriate. Section 2: Parking and Prohibited Vehicles (a) Parking. Subject to the provision of Article XVI, Section 3 hereof, vehicles shall be parked only in the garages or in the driveways, if any, serving the Units or in appropriate spaces or designated areas in which parking may or may not be assigned and then subject to such reasonable rules and regulations as the Board of Directors, or any Housing Area having concurrent jurisdiction over parking areas within the Housing Area, may adopt. Notwithstanding the above, no more than two (2) vehicles shall be parked in the driveway serving the Unit on a regular basis. For purposes of this Section, a car shall be deemed parked on a “regular basis” if parked in such driveway more than seventy—two (72) hours in any seven day period without prior approval of the Board. This Subsection shall not apply to parking within the Golf Club properties. Garage doors shall remain closed at all times except during ingress and egress. (b) Prohibited Vehicles. Commercial vehicles, vehicles with commercial writing on their exteriors, vehicles primarily used or designed for commercial purposes, pick—up trucks, tractors, mobile homes, recreational vehicles, trailers (either with or without wheels), campers, camper trailers, boats and other watercraft, and boat trailers shall be parked only in enclosed garages or other areas, if any, designated by the Board or by the Housing Area. Stored vehicles and vehicles which are either obviously inoperable or do not have current operating licenses shall not be permitted on any Unit except within enclosed
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garages. For purposes of this Section, a vehicle shall be considered “stored” if it is put up on blocks or covered with a tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days without the prior approval of the Board. (C) Delivery and Service Vehicles. Notwithstanding the foregoing, service and delivery vehicles may be parked in the driveway of a Unit during daylight hours for such period of time as is reasonably necessary to provide service or make a delivery to the Unit. Any vehicle which is parked in violation of this Section 2 or parking rules promulgated by the Board may be towed in accordance with Article III, Section 22 of the By-Laws. Section 3: Occupants Bound. All provisions of the Declaration, By—Laws and of ~any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, guests and invitees of any Unit. Every Owner shall cause all occupants of his or her Unit to comply with the Declaration, By—Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, By—Laws and rules and regulations adopted pursuant thereto.’ Section 4: Animals and Pets. No animals, livestock, snakes or poultry of any kind shall be raised, bred, or kept on a portion of the Properties, except that dogs, cats, or other usual and common household pets not to exceed a total of four (4) may be permitted in a Unit. However, those pets which are permitted to roam free, or, in the sole discretion of the Association, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Units or the owner of any portion of the Properties shall be removed upon request of the Board; if the owner fails to honor such request, the pet may be removed by the Board. ‘No pets shall be kept, bred, or maintained for any commercial purpose. Household pets shall at all times whenever they are outside a Unit be confined on a leash held by a responsible person. Section 5: Annoyances. No portion of the Properties shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any portion of the Properties that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quite, safety, comfort, or serenity of the occupants of surrounding property. No noxious, illegal or offensive activity shall be carried on upon any portion of the properties, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Properties. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Properties. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted within the Properties. Section 6: Unsightly or Unkempt Conditions
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It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Unit. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Properties. Section 7: Antennas No exterior antennas, aerials, satellite dishes, or other apparatus for the transmission of television, radio, or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Properties. The Declarant and/or the Association shall have the right, without obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna or cable system for the benefit of all or a portion of the Properties, should any such master system or systems be utilized by the Association and require any such exterior apparatus. Section 8: Basketball Equipment, clotheslines, Garbage Cans, Tanks, Etc. All basketball hoops and backboards, clotheslines, garbage cans, storage tanks, mechanical equipment and other similar items shall be located or screened so as to be concealed from view of neighboring Units, streets, and property located adjacent to the Unit. All rubbish, trash, and garbage shall be stored in appropriate containers with lids and regularly removed from the Properties and shall not be allowed to accumulate thereon. No garbage, trash, or debris shall be left at curbs while awaiting pickup. Section 9: Subdivision of Unit and Time Sharing No Unit shall be subdivided or its boundary lines changed except with the prior written approval of the Board of Directors of the Association. The Board may permit a division in ownership of any Unit intended for a single family detached residence as shown on a subdivision plat, but solely for the purpose of increasing the size of the adjacent Units. In the event of a division in ownership of any Unit, the Owners among whom the ownership is divided shall be treated as co-owners of the divided Unit for purposes of voting and shall be jointly and severally liable for all assessments against the Unit hereunder. Declarant hereby expressly reserves the right to replat any Unit or Units owned by Declarant to create or eliminate units depicted on the Master Development Plan including a change in the type of unit. Any such division, boundary line change, creation, change, elimination, or replatting shall not be in violation of the applicable subdivision and zoning regulations. No Unit shall be made subject to any type of timeshare program, interval ownership or similar program whereby the right to exclusive use of the Unit rotates among multiple owners or members of the program on a fixed or floating time schedule over a period of years, except that the Declarant hereby reserves the right for itself and its assigns to operate such a program with respect to Units, which it owns. This Section shall not prohibit ownership of a Unit by up to four (4) joint tenants or tenants-in-common. Section 10: Firearms The discharge of firearms within the Properties is prohibited except with the prior approval of the Board of Directors. The term “firearms” includes “B-B” guns, pellet guns, and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained herein or in the By-Laws, the Association shall not be obligated to take action to enforce this Section. Section 11: Pools No above-ground pools shall be erected, constructed or installed on any Unit.
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Section 12: Irrigation No sprinkler or irrigation systems of any type which draw upon water from creeks, streams, rivers, lakes, ponds, wetlands, canals or other ground or surface waters within the Properties shall be installed, constructed or operated within the Properties by any Person, other than the Association and the Golf Club, unless prior written approval has been received from the ARC. All sprinkler and irrigation systems shall be subject to approval in accordance with Article XI of this Declaration. Provided, however, this Section 12 shall not apply to the Declarant, and it may not be amended without Declarant’s written consent so long as Declarant has the right to add property in accordance with Article VIII, Section 1. Section 13: Tents, Trailers and Temporary Structures Except as may be permitted by the ARC during initial construction within the Properties, no tent, utility shed, shack, trailer or other structure of a temporary nature shall be placed upon any Unit. Section 14: Wells and Drainage No private water system shall be constructed on any Unit except private irrigation wells not to exceed three (3”) inches in diameter. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person other than Declarant or the Association may obstruct or rechannel the drainage flows after location and installation of drainage wales, storm sewers, or storm drains. Declarant hereby reserves for itself and the Association a perpetual easement across the Properties for the purpose of altering drainage and water flow. Section 15: Tree Removal No trees shall be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in accordance with Article XI of this Declaration. This Section shall not apply to the Golf Club. Section 16: Sight Distance at Intersections All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem. Section 17: Utility Lines No overhead utility lines, including lines for cable television, shall be permitted within the Properties, except for temporary lines as required during construction and high voltage lines if required by law or for safety purposes. Section 18: Air Conditioning Units Except as may be permitted by the Board or its designee, no window air conditioning units may be installed in any Unit. Section 19: Lighting Except for seasonable Christmas decorative lights, which may be displayed between December 1 and January 10 only, all exterior lights must be approved in accordance with Article XI of this Declaration. Section 20: Artificial Vegetation, Exterior Sculpture, and Similar Items No artificial vegetation shall be permitted on the exterior of any portion of the Properties.
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Exterior sculpture, fountains, flags, and similar items must be approved in accordance with Article XI of this Declaration. Section 21: Energy Conservation Equipment No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any Unit unless it is an integral and harmonious part of the architectural design of a structure, as determined in the sole discretion of the appropriate committee pursuant to Article XI hereof. Section 22: Wetlands, Lakes and Water Bodies All wetlands, littoral zones, and buffer areas within the Properties shall be left in their natural state and no alteration thereof or construction thereon shall be permitted. All lakes, ponds, and streams within the Properties, if any, shall be aesthetic amenities only, and no other use thereof, including, without limitation, swimming, playing, or use of personal flotation devices, shall be permitted. The Association shall not be responsible, for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, or streams within the Properties. This Section shall not restrict the right of the Golf Club to permit other use of bodies of water within the Properties in connection with golf course play. Fishing will be allowed in water bodies subject to the following rules and regulations set forth by the Board of Directors:
1. Persons using the lakes for fishing shall not under any circumstances, fish from the Golf Course side of the lake.
2. Residents or their guests may fish at the Lake immediately adjoining their property. 3. Residents and guests may only fish behind their home keeping within their property lines unless
permission from the adjoining property owner(s) has been obtained. 4. Non-residents (who are not authorized guests of residents) are not permitted to fish on any of the
lakes. 5. The Association shall not be responsible for any loss, damage or injury to any person or property
arising from the fishing regulation. Section 23: Playground Any playground or other play areas of equipment furnished by the Association or erected within the Properties shall be used at the risk of the user, and the Association shall not be held liable to any Person for any claim, damage, or injury occurring thereon or related to use thereof. Section 24: Fences No dog runs, animal pens or fences of any kind shall be permitted on any Unit except as approved in accordance with Article XI of this Declaration. Section 25: Business Use No trade or business may be conducted in or from any Unit, except that an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (b) the
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business activity conforms to all zoning requirements for the Properties; (c) the business activity does not involve persons coming onto the Properties who do not reside in the Properties or door—to—door solicitation of residents of the Properties; and (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board. The terms “business” and “trade”, as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (1) such activity is engaged in full or part—time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required thereof or. Notwithstanding the above, the leasing of a Unit shall not be considered a trade or business within the meaning of this section. This section shall not apply to operation of the Golf Club nor to any activity conducted by the Declarant with respect to its development and sale of the Properties or its use of any Units which it owns within the Properties, including the operation of a timeshare or similar program. Section 26: On Site Fuel Storage No on-site storage of gasoline or other fuels shall be permitted on any part of the Properties except that up to five (5) gallons of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment, and the Association and the Golf Club shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment. Notwithstanding this provision, underground fuel tanks for storage of heating fuel for dwellings, pools, gas grills and similar equipment may be permitted if approved in accordance with Article XI. Section 27: Golf Carts No gasoline-powered golf carts shall be operated within the Properties except as may be owned and operated by the Declarant, the Association or the Golf Club. All other golf carts shall be powered by electricity or by similar non-combustion means. Golf carts shall be stored only in garages serving the Owner’s Unit or other areas specifically designated by the Board as golf cart parking areas. No golf cart shall be placed, parked or stored on the lawn of any Unit. Section 28: Leasing of Units (a) Definition. “Leasing”, for purposes of this Declaration, is defined as regular, exclusive occupancy of a Unit by any person or persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument. (b) Leasing Provisions. (i) General. Units may be rented only in their entirety; no fraction or portion may be rented. There shall be no subleasing of Units or assignment of leases unless prior written approval is obtained from the Board of Directors. No transient tenants may be accommodated in a Unit. All leases shall be in writing except with the prior written consent of the Board of Directors. No Unit may be subject to more than one (1) lease in any twelve (12) month period, regardless of the lease term. The Owner must make available to the lessee copies of the Declaration, By—Laws, and the rules and regulations.
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(ii) Approval of Board. All leases shall be submitted to the Board of Directors for approval prior to becoming effective. The Board may require additional information such as names of the proposed occupants of the Unit and other information relating to the proposed lease and may require a face—to—face conference with the proposed occupants of the Unit prior to approving any lease. The Board shall approve or disapprove each lease within thirty (30) days of submission of all information required herein or the lease shall be deemed approval. Disapproval may be based only upon failure of the Owner or the proposed lease to comply with the requirements and restrictions contained herein and nothing herein shall be construed to give the Board any right to disapprove the proposed tenant or to create a right of first refusal in any Person. In the event of disapproval, the lease shall not take effect until such deficiencies are corrected and a revised lease is submitted and approved by the Board. (iii) Compliance with Declaration, By-Laws and Rules and Regulations. Every Owner shall cause all occupants of his or her Unit to comply with the Declaration, By-Laws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused Section 29: Storm Precautions No hurricane or storm shutters shall be permanently installed on any structure in any housing area unless first approved in accordance with Article XI. Hereof, hurricane or storm shutters may be installed temporarily and other storm precautions may be taken to protect houses while the threat of a hurricane or severe storm is imminent. All temporary shutters and storm precautionary measures shall be promptly removed once the storm or imminent threat of the storm is passed. Absentee owners that have permanent hurricane shutters that have been Board approved, meeting color and standard specifications, may have them in a closed position during the period between May 1st and November 30th. Section 30: Play Equipment, Strollers, Etc. All bicycles, tricycles, scooters, skateboards, and other play equipment, wading pools, baby strollers and similar items shall be stored so as not to be visible from streets or property adjacent to the Unit. No such items shall be allowed to remain on the Common Area or on Units so as to be visible from adjacent property when not in use. Notwithstanding the above, the Board may, but shall not be obligated to, permit swing sets and similar permanent playground equipment to be erected on Units provided it is approved in accordance with Article XI hereof. Section 31: Window Coverings All windows on any structure which are visible from the street or dwellings on other Units shall have window coverings which have a white or off—white backing or blend with the exterior color of the dwelling, as determined in the sole discretion of the Modification Committee after application pursuant to Article XI hereof. Reflective window coverings are prohibited.
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Additional Use Restrictions as declared in the: LOST LAKE GOLF CLUB SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS. ARTICLE V USE RESTRICTIONS SECTION 1 & SECTION 2, PAGES 5 & 6 Use Restrictions Section 1: Furniture & Equipment Except as otherwise approved in accordance with Article XI of the Declaration, no awnings, shades, shutters, flags or other items or equipment shall be affixed or attached to, hung, displayed or placed on the doors or windows, exterior walls, or inside or outside of screened enclosures on the Unit, nor shall any furniture or barbecues grills or equipment be allowed to remain outside the improvements on the Unit when not in use. Section 2: Mailboxes All mailboxes within the property described in exhibit “A” shall be of uniform design and no mailbox installed as part of the initial construction on the Unit shall be altered, modified or replaced without the prior approval of the Architectural Review Committee pursuant to Article XI of the Declaration.
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APPENDIX
EXHIBIT “A” - LEGAL OPINION
CORNETT, GOOGE & ASSOCIATES, P.A.
JANE L. CORNETT 401 EAST OSCEOLA ST.
HOWARD E. GOOGE* FIRST FLOOR
ROBERT G. RYDZEWSKI JR.
DANIEL G. TADROWSKI RIVER OAK CENTER
SARAH NALL WORSHAM* STUART, FLORIDA 34994
CHARLES W. SINGER MAILING ADDRESS:
OF COUNSEL POST OFFICE BOX 66
STUART, FL 34995-0066
LYNN D. SCHWARTZ, CLA (772) 286-2990
FAX (772) 286-2996
*CERTIFIED CIVIL MEDIATOR
May 9, 2005 via Email and US Mail
[email protected] Gene Weber, President Double Tree Property Owners Association, Inc. 8320 5 E. Fazio Drive Hobe Sound, Florida 33455 Dear Gene: This is in response to four (4) questions, which arrived in my office last Friday by email. I will restate each question and then provide the answer. Question #1 - Article III - BOD Powers Does the BOD have the authority to make and change the Rules and Regulations? As you have pointed out, the Bylaws, Article III, grant to the Board the ability to make rules and regulations. This power is also stated in Article IX, Section 3 of the Amended Declaration (copy attached). Florida courts have held that Board adopted rules must be reasonable, must be applied equally to all owners and residents and must not contravene or contradict a provisions of the Declaration. For example, the Amended Declaration, Article XII, Section 4, states, among other things, that up to four (4) household pets may be kept in a unit. The Board could not adopt a rule changing the pet limit to three (3). Only the members, by a vote to amend, can change a clear term of the Declaration. As relates to the common property, the Board will have just about unlimited discretion to make rules, subject only to the standard of reasonableness. But as to the residential units, the Board will find its rule making ability is greatly restricted due to the use restrictions specifically stated in the Declaration. So in summary, yes the Board has the power to change rules and regulations, but not in any way that conflict with the provisions of the Declaration, specifically the use restrictions. Does your Association have a rule and regulations booklet?
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Page Two May 9, 2005 Question #2 - Article XI - Architectural Standards Can the BOD empower the ARC to enforce the Rules and Regulations? Are the ARC responsibilities limited to Construction items! The Board may empower the ARC, or any other committee it chooses, to enforce rules and regulations. There are two (2) issues however that the Board must consider. The first is that the Board is ultimately responsible for the actions of any committee that conducts enforcement action, and the ultimate enforcement process is legal action, which can only be instituted by a vote of the Board. If the Board does grant to a committee certain specific powers, the Board should be very clear about what the committee can and cannot do. Sending letters and contacting violators is probably appropriate for a committee, but the levy of fines or entry on property to remedy non-compliance must be done with care. Remember, the Board has the ultimate responsibility, so if the Committee errs, it will be the directors who are held legally accountable. I have enclosed with this letter an enforcement procedure adopted by another client, which utilizes a committee to address violations. While these procedures may be more complex than you seek, they provide a good outline of the kinds of direction that should be given to a committee with enforcement power. The second part of this question asks about ARC responsibilities. Again, the Board may delegate to the ARC any responsibility and power which, the Board holds. Additionally, the ARC’s responsibilities are not limited strictly to construction items. I have outlined the ARC responsibility in the answer to Question #4. Question #3 - Article XII - Use Restrictions Does the BOD have the authority to make and change Use Restrictions? Can the BOD empower the ARC to enforce the Use Restrictions? As I mentioned in the answer to Question #1, the Use Restrictions can only be changed by a vote of all the members. {See Article 13, Section 2 attached}. The Use Restrictions are “written in stone” unless a vote of the membership approves a change. Amendments to the Amended and Restated Declaration require approval of sixty-seven percent (67%) of all members, not an easy task. There are some restrictions on the kinds of amendments that can be made, so if the Board wishes to propose amendments to the members, those amendments should be prepared with legal assistance. This question also asks: “Can the BOD empower the ARC to enforce the Use Restrictions”, and again, the answer is yes subject to the same caveats given in the answer to Question #2. Page Three May 9, 2005 Question #4 - Article XII- Use Restrictions, Section 20 Section 20 and others within Article XII state that the items must be approved in accordance with Article Xl (Architectural Standards). What does that mean, only construction issues or everything? The power of the ARC extends beyond construction related items. Review by the ARC is required for any item, which refers back to Article XI. Thus, the ARC has approval power over electric lighting, flags, fountains, sculptures, solar collectors, fences, underground fuel tanks for heating, shutters, play equipment, irrigation systems, temporary facilities during construction (are there any unbuilt lots?), tree removal and
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perhaps antennas. Please note there are additional items for ARC approval found in the Supplemental Declarations. I have not reviewed each of those, but there are some items listed in those supplemental Declarations, which must be reviewed by the ARC. If you need more detail I can go through each of those Supplemental Declarations also, but I have not done so at this time. For example, I note that some Supplemental Declarations say that mailboxes must be reviewed by the ARC.
Let’s address the ARC in just a little more detail. Article XI states that the ARC has the ability to prepare and promulgate design and development guidelines and application and review procedures. Although I have not looked at these guidelines, I know they exist because we have talked about the criteria for roofing. Please note that Article XI says that the ARC has the sole and full authority to prepare and amend those guidelines. Now again, those guidelines cannot contradict or contravene the terms of the Declaration, but most of the Use Restrictions in the Declaration are not so specific that they could not be compatible with the ARC guidelines. For example, Section 18 of Article Xl says that no window or air conditioning units can be installed. The ARC could never approve a window air conditioner because that would be a violation of the Declaration of Covenants. Now I realize the ARC probably would not want to approve a window or air conditioner, I am merely using as an example. The ARC guidelines would cover all appearance issues such as color, style, material, roof pitch, etc., none of which are covered in the Use Restrictions in the Declaration.
Please note that there is nothing in the Declaration that creates any process for appeal from the ARC to the Board of Directors. Nor does the Board get to approve or disapprove the Guidelines and Procedures. The Board has the ability to appoint the folks who are on the ARC, but once they are appointed, they are the final decision makers. The Board has the authority to enforce decisions of the ARC, but the Board does not have the ability to overrule. There are no restrictions on who may serve on the ARC; therefore, the Board may appoint Directors, if the Board thinks that is appropriate.
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I want to talk about enforcement. Included within enforcement powers is the ability to levy fines. Under Florida law, once an owner has received notice of the intent to levy a fine (and that notice can come from the Board or from the ARC if the Board decides to assign that power to the ARC), then Florida law requires that the violator be offered the opportunity for a hearing before a separate hearing panel. This panel cannot include members of the Board. Your Bylaws are consistent with the requirements of Florida law and the hearing panel is called a Covenants Committee. I have attached copies of pages 13 and 14 or your Bylaws which set out that process. Under Florida law, if that process is not followed, then the fine will not be supportable if challenged.
I hope this information is helpful, but if you need anything further, please do not hesitate to give me a call.
Cornett, Esquire
F:~DATA\COMMON~JLC\CLIENTS.C-D\doubletree\weber letter email.wpd
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EXHIBIT “B” - POWERS AND DUTIES OF THE BOARD
As declared in the: LOST LAKE GOLF CLUB AMENDED & RESTATED BY-LAWS OF DOUBLE TREE
PROPERTY OWNERS ASSOCIATION, INC. ARTICLE III BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS SECTION 17, Page 10 through page 14 C. Powers and Duties. Section 17: Powers. The Board of Directors shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association’s affairs and, as provided by law, may do or cause to be done all acts and things as are not by the Declaration, Articles, or these By-Laws directed to be done and exercised exclusively by the Voting Members or the membership generally. The Board of Directors shall delegate to one of its members the authority to act on behalf of the Board of Directors on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board of Directors. In addition to the duties imposed by these By-Laws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to establish policies relating to, and shall be responsible for performing or causing to be performed, the following, in way of explanation, but not limitation: (a) Preparation and adoption, in accordance with Article X of the Declaration, of annual budgets in which there shall be established the contribution of each Owner to the Common Expenses and Housing Area Expenses; (b) Making assessments to defray the Common Expenses and Housing Area Expenses, establishing the means and methods of collecting such assessments, and establishing the period of the installment payments of the annual assessment; provided, unless otherwise determined by the Board of Directors, the annual assessment for each Unit’s proportionate share of the Common Expenses shall be payable in equal quarterly installments, each such installment to be due and payable in advance on the first day of each calendar quarter for said quarter; (c) Providing for the operation, care, upkeep, and maintenance of all the Area of Common Responsibility; (d) Designating, hiring, and dismissing the personnel necessary for the maintenance, operation, repair, and replacement of the Association, its property, and the Area of Common Responsibility and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties; (e) Collecting the assessments, depositing the proceeds thereof in a bank depository, which it shall approve, and using the proceeds to administer the Association; provided, any reserve fund may be deposited, in the director’s best business judgment, in depositories other than banks;
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(f) Making and amending rules and regulations; (g) Opening of bank accounts on behalf of the Association and designating the signatories required; (h) Making or contracting for the making of repairs, additions, and improvements to or alterations of the Common Area in accordance with the other provisions of the Declaration and these By—Laws after damage or destruction by fire or other casualty; (i) Enforcing by legal means the provisions of the Declaration, these By—Laws, and the rules and regulations adopted by it and bringing any proceedings, this may be instituted on behalf of or against the Owners concerning the Association; (j) Obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof; (k) Paying the cost of all services rendered to the Association or its Members and not chargeable directly to specific Owners; (l) Keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, specifying the maintenance and repair expenses and other expenses incurred; (m) Making available to any prospective purchaser of a Unit, any Owner of a Unit, any first Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the By—Laws, rules governing the Unit and all other books, records, and financial statements of the Association; and (n) Permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development of operation of the Properties. Section 18: Management. The Board of Directors may employ for the Association a professional management agent or agents at a compensation established by the Board of Directors to perform such duties and services, as the Board of Directors shall authorize. The Board of Directors may delegate to the managing agent or manager, subject to the Board’s supervision, all of the powers granted to the Board of Directors by these By-Laws, other than the powers set forth in subparagraphs (a), (b), (f), (g), and of Section 17 of this Article. The Declarant, or an affiliate of the Declarant, may be employed as managing agent or manager. Section 19: Accounts and Reports. The following management standards of performance will be followed unless the Board by resolution specifically determines otherwise. (a) Accrual accounting, as defined by generally accepted accounting principles, shall be employed; (b) Accounting and controls should conform to generally accepted accounting principles; (c) Cash accounts of the Association shall not be commingles with any other accounts; (d) No remuneration shall be accepted by the managing agent form vendors, independent contractors, or others providing goods or services to the Association, whether in the form of commissions, finder’s fees, service fees, prizes, gifts, or otherwise; anything of value received shall benefit the Association; (e) Any financial or other interest, which the managing agent may have in any firm providing goods or services to the Association, shall be disclosed promptly to the Board of Directors; (f) Commencing at the end of the month in which the first Unit is sold and closed, financial reports shall be prepared for the Association at least quarterly containing:
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(i) An income statement reflecting all income and expense activity for the preceding period on an accrual basis; (ii) A statement reflecting all cash receipts and disbursements for the preceding period; (iii) A variance report reflecting the status of all accounts in an “actual” versus “approved” budget format; (iv) A balance sheet as of the last day of the preceding period; and (v) A delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent (A quarterly installment of the annual assessment shall be considered to be delinquent fifteen (15) days after the date due unless otherwise determined by the Board of Directors); and (g) An annual report consisting of at least the following shall be distributed to all Members within one hundred twenty (120) days after the close of the fiscal year: (1) a balance sheet: (2) an operating (income) statement; and (3) a statement of changes in financial position for the fiscal year. The annual report referred to above shall be prepared on an audited or reviewed basis, as determined by the Board, by an independent public accountant; provided, during the Class “B” Control Period, the annual report shall include certified financial statements. Section 20: Borrowing. The Board of Directors shall have the power to borrow money for the purpose of maintenance, repair or restoration of the Area of Common Responsibility without the approval of the Voting Members of the Association. The Board shall also have the power to borrow money for other purposes; provided, the Board shall obtain Voting Member approval in the same manner provided in Article X, Section 4, of the Declaration for special assessments in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities and the total amount of such borrowing exceeds or would exceed five (5%) percent of the budgeted gross expenses of the Association for that fiscal year. Section 21: Rights of the Association. With respect to the Area of Common Responsibility, and in accordance with the Articles of Incorporation and the Declaration, the Association shall have the right to contract with any person for the performance of various duties and functions. Without limiting the foregoing, this right shall entitle the Association to enter into common management, operational, or other agreements with trusts, condominiums, cooperatives, or Housing Area and other owners or residents associations, both within and outside the Properties. Such agreements shall require the consent of a majority of all directors of the Association. Section 22: Enforcement. The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the property to the violating owner, to suspend an Owner’s right, to vote or to use the Common area, and to exclude contractors, subcontractors, agents and other invitees of an Owner or occupant from the Properties for violation of any duty imposed under the Declaration, these By-Laws, any rules and regulations duly adopted hereunder, or any of the design and development guidelines and procedures adopted pursuant to Article XI of the Declaration; provided, however, nothing herein shall authorize the Association or the Board of Directors to limit an Owner’s or occupant’s ingress and egress to or from a Unit. In the event that any occupant of a Unit violates the Declaration, By-laws, or a rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the Board, the owner shall pay the fine upon notice form the Association. The failure of the Board to enforce any provision of the
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Declaration, By-Laws, or any rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter. (a) Notice. Prior to imposition of any sanction hereunder, the Board or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a period of not less than fourteen (14) days within which the alleged violator may present a written request to the Covenants Committee, if any, on Board of Directors for a hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within fourteen (14) days of the notice. If a timely challenge is not made, the sanction stated in the notice shall be imposed. (b) Hearing. If a hearing is requested within the allotted fourteen (14) day period, the hearing shall be held in executive session affording the Owner a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board of Directors or the Covenants Committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the fourteen (14) day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any person. (c) Appeal. Following a hearing before the Covenants Committee, the violator shall have the right to appeal the decision to the Board of Directors. To perfect this right, the manager must receive a written notice of appeal, within 14 days after the hearing date. (d) Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board of Directors, may elect to enforce any provision of the Declaration, these By—Laws, or the rules and regulations of the Association by self—help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity to of compliance with the procedure set forth above. In any such action, the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney’s fees actually incurred. Section 7: Covenant Committee Empowerment From time to time, certain violations must be addressed. The Board of Directors, at their May 17, 2000 meeting implemented a monetary fine policy for uncorrected violations by residents. The Board of Directors has passed the following policy for enforcement of violations. A fine of twenty-five dollars ($25) to be levied for each day of the violation but may not exceed one thousand dollars ($1000) as allowed by Florida statute. The Board has established a Covenant Committee consisting of five residents to provide a hearing for the violator, if requested within 14 days from the day the notice was received. Our community is governed by the Declaration of Covenants whose purpose is to insure quality development, protect property values, preserve the natural beauty of the property, obtain a harmonious community, and to enhance the property and investment made by the residents.
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Section 8: Violations Procedure (See Appendix Exhibit B Section 22, Enforcement) Notice: The property manager shall serve the alleged violator with written notice describing the nature of the alleged violation, the proposed sanction to be imposed, a period of 14 days with which a written request may be presented to the Covenants committee for a hearing. Hearing: If a hearing is requested within 14 days, the hearing will be held in executive session with the Covenants committee and recorded in the minutes. Appeal: Following a hearing before the Covenants Committee, the violator shall have the right to appeal the decision to the board of directors.
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EXHIBIT “C” - ARCHITECTURAL STANDARDS
As declared in the: LOST LAKE GOLF CLUB AMENDED & RESTATED DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS FOR LOST LAKE GOLF CLUB ARTICLE XI ARCHITECTURAL STANDARDS ARCHITECTURAL REVIEW COMMITTEE SECTION 1 THROUGH SECTION 4 PAGES 26 THROUGH 28 Architectural Standards The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the committee established in Section 1 of this Article XI. This Article may not be amended without the Declarant’s written consent so long as the Declarant owns any land subject to this Declaration or subject to annexation to this Declaration. No construction, which term shall include within its definition staking, clearing, excavation, grading, and other site work, no exterior alteration or modification of existing improvements, and no planting or removal of plants, trees, or shrubs shall take place except in strict compliance with this Article, until the requirements below have been fully met, and until the approval of the appropriate committee has been obtained. The Board of Directors may establish reasonable fees to be charged by the committees on behalf of the Association for review of an application for approval hereunder, which fees, if established, shall be paid in full prior to review of any application hereunder. All structures constructed on any portion of the Properties shall be designed by and built in accordance with he plans and specifications of an architect licensed in the State of Florida. This article shall not apply to construction on or improvements or modifications to the Common Area made by or on behalf of the Association, or to construction on or improvements or modifications to the Golf Club. Section 1: Architectural Review Committee. The Architectural Review Committee (ARC) shall have exclusive jurisdiction over all construction on any portion of the Properties. Until one hundred (100%) percent of the Properties have been developed and conveyed to purchasers in the normal course of development and sale, the Declarant retains the right to appoint all members of the ARC, which shall consist of at least three, but no more than nine persons. There shall be no surrender of this right prior to that time except in a written instrument in recordable form executed by Declarant. Upon the expiration of such right, the Board of Directors shall appoint the members of the ARC. The ARC shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures. Copies shall be available from the ARC for review. The guidelines and procedures shall be those of the Association, and the ARC shall have sole and full authority to prepare and to amend them. It shall make the guidelines and procedures available
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to Owners, builders, and developers who seek to engage in development of or construction upon all or any portion of the Properties and such Owners, builders and developers shall conduct their operations strictly in accordance therewith. In the event that the ARC fails to approve or disapprove plans submitted to it, or to request additional information reasonably required, within forty-five (45) days after submission thereof, the plans shall be deemed approved. Section 2: No Waiver of Future Approvals. The approval of the ARC of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of such Committee, shall not be deemed to constitute a waiver of any rights to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent. Section 3: Variance. The ARC may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (c) estop the Committee from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. Section 4: Compliance. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of the guidelines and procedures promulgated by the ARC may be excluded by the Board from the Properties without liability to any person, subject to the notice and hearing procedures contained in Article II, Section 22 of the By-Laws.
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EXHIBIT “D” - NOTICES FIRST NOTICE: NOTICE OF NON-COMPLIANCE WITH LOST LAKE GOLF CLUB POA DECLARATION OF RESTRICTIONS OR ARC RULES AND REGULATIONS October 23, 2013 Dear Homeowner, The Homeowners and Board of Directors are very proud of our community. We have all worked diligently to establish a community with a “Tailored Look” and by doing so enriching the living conditions for all residents. Living in a planned community may be a new experience to you. Covenants, By-Laws and Rules are a universal condition to ownership in a planned community. You will find these common sense directives produce a well-run, pleasant environment for you and your family that enhances the value of our homes. Our Covenants and Rules & Regulations are quite precise in support of our stated objective. Experience has shown to keep the “Tailored Look” and harmony, amongst the residents it is important that all residents comply with the Covenants and Rules & Regulations. We wish to bring to your attention the following violation: Roof needs cleaning. Please correct the violation immediately and notify us in Writing of completion; or notify us, in writing, within Fourteen (14) days, how and when you intend to correct the violation cited above. If you have any questions regarding this notice or about the Covenants or Rules & Regulations, please feel free to contact us. Thank you in advance for your anticipated cooperation. Sincerely yours,
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SECOND NOTICE: SECOND NOTICE OF NON-COMPLIANCE WITH THE LOST LAKE GOLF CLUB POA DECLARATION OF RESTRICTIONS OR RULES AID REGULATIONS To: Date: ____________________ Dear Homeowner, ON _________ YOU WERE NOTIFIED THAT YOU WERE IN VIOLATION OF THE LOST LAKE GOLF CLUB POA COVENANTS OR RULES & REGULATIONS. AT THIS WRITING THE VIOLATION HAS NOT BEEN CORRECTED, AND WE HAVE NOT HAD A RESPONSE FROM YOU. Living in a planned community may be a new experience to you. Covenants, By-Laws and Rules are a universal condition to ownership in a planned community. You will find these common sense directives produce a well-run, pleasant environment for you and your family. Experience has shown to keep the “Tailored Look” and harmony amongst the residents it is important that all residents comply with the Rules and Regulations and any established guidelines. Our Covenants provide the guidelines to which we must all adhere. The following violation exists and must be corrected: Please correct the violation immediately and notify us in writing of completion; or notify us, in writing, within seven (7) days, how you intend to correct the violation cited above. FAILURE TO ACT WILL RESULT IN A REQUEST FOR YOUR APPEARANCE BEFORE THE COVENANT COMMITTEE TO EXPLAIN WHY LEGAL ACTION SHOULD NOT BE TAKEN. Thank you in advance for your anticipated cooperation. Sincerely yours,
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FINAL NOTICE: THIRD AND FINAL NOTICE OF NON-COMPLIANCE WITH THE LOST LAKE GOLF CLUB POA DECLARATION OF RESTRICTIONS OR RULES AND REGULATIONS To: Date: _________________ YOU WERE SENT FOUR PRIOR “NOTICES OF NON-COMPLIANCE” DATED ________ AND ____________________________ YOU HAVE FAILED TO TAKE APPROPRIATE ACTION TO CORRECT THE VIOLATION OR TO NOTIFY US OF YOUR INTENT TO DO SO. THEREFORE, WE REQUEST YOUR AT-TENDANCE AT A MEETING OF THE COVENANT COMMITTEE ON ________________, TO BE HELD AT _________________________________________ AT: _______________ FAILURE TO RESPOND TO THIS NOTICE OR ATTEND THIS MEETING WILL BE CAUSE FOR THE ASSOCIATION TO TURN THE MATTER OVER TO OUR ATTORNEY FOR REMEDY AND SUBJECT YOU TO LEGAL COST. FINES, AS AUTHORIZED BY THE DECLARATION OF RESTRICTIONS, MAY ALSO BE IMPOSED. IF YOU PLAN TO HAVE AN ATTORNEY PRESENT PLEASE NOTIFY THE COMMITTEE ON OR BEFORE ________________________________ BY CALLING __________________________ TEL. NO. _____________ Sincerely yours, THE LOST LAKE GOLF CLUB PROPERTY OWNERS ASSOCIATION COVENANT COMMITTEE
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EXHIBIT “E” - FLORIDA STATUTE
Florida Statute 720.305 (2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the non prevailing party as determined by the court. (a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. " The Covenant committee was staffed at the 5/17/2005 meeting and added to at the 6/21/2005 meeting. Our by-laws state that "Roberts Rules of Order" shall be used at Association meetings, i.e. BOD meetings. Article VI Miscellaneous Section 1: Fiscal Year. The fiscal year of the Association shall be set by resolution of the Board of Directors. In the absence of a resolution, the fiscal year shall be the calendar year. Section 2: Parliamentary Rules. Except as may be modified by Board resolution Robert’s Rules of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Florida law, the Articles of Incorporation, the Declaration, or these By-Laws. Section 3: Conflicts. If there are conflicts between the provisions of Florida law, the Articles of Incorporation, the Declaration, and these By-Laws, the provisions of Florida law, the Declaration, the Articles of Incorporation, and the By—Laws (in that order) shall prevail."
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EXHIBIT “F” – ARC APPLICATION
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EXHIBIT “G” - FEDERAL COMMUNICATIONS COMMISSION
Satellite Antennas
Over-the-Air Reception Devices Rule as directed by Congress in Section 207 of the
Telecommunications Act of 1996.
“The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits
restrictions that impair the installation, maintenance or use of antennas used to receive video
programming. The rule applies to video antennas including direct-to-home satellite dishes that are
less than one meter (39.75”) in diameter (or any size in Alaska), TV antennas, and wireless cable
antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation,
maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3)
preclude reception of an acceptable quality signal.”
“The rule applies to individuals who place antennas that meet size limitations on property that
they own or rent and that is within their exclusive use or control, including condominium owners
and cooperative owners, and tenants who have an area where they have exclusive use, such as a
balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured
homes, as well as to single family homes.”
“The rule does not apply to common areas that are owned by a landlord, a community association,
or jointly by condominium or cooperative owners where the antenna user does not have an
exclusive use area.”
Pursuant to Section 1.4000 of the Over-the-Air Reception Devices Rule, (47 C.F.R. 1.4000),
and Section 1.2 of the Commission's rules, 47 C.F.R. 1.2, the following guidelines of the
Architectural Review Committee of Lost Lake Property Owners Association are set forth
herein.
These guidelines do not impose unreasonable expense or delay or preclude reception of an
acceptable quality signal. Digital antennas, even in the presence of sufficient over-the-air signal
strength, will at times provide no picture or sound unless they are placed and oriented properly.
1. Placement of antenna(s) must be within the area of exclusive control of the homeowner.
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2. Placement of antenna(s) shall not encroach upon property owned by the LLGCPOA.
3. Placement of antenna(s) shall not encroach upon the private property of another homeowner.
4. Antenna(s) shall not be placed upon LLGCPOA property.
5. Antenna(s) that protrude above the roof line shall be attached so as to withstand sustained winds
of 140 mph.
6. Antenna(s) that protrude above the roof line (also known as stick antennas) shall be mounted on
retractable poles (sticks) that shall be lowered if the homeowner is absent from the home for the
months during the hurricane season. This guideline (6) is to provide for the safety of adjacent
homes and homeowners relative to the close proximity of homes in LLGCPOA.
7. Antenna(s) shall NOT be placed on common walls or common roofs of attached homes.
8. Antenna(s) shall NOT be placed upon any dividing wall or other common area in LLGCPOA.
9. The recommended placement of antenna(s) is at the rear of the home so as not to be visible from
the street.
Homeowners that comply with these guidelines may install an antenna at any time without prior
approval of the ARC or any other LLGCPOA official. Any questions regarding these guidelines
should be addressed to the ARC by contacting the ARC Chair or your HOA ARC representative.
Please review your individual home legal description conveyed to you during closing on your
property. This survey will provide you specific dimensions regarding your property footprint and
should be consulted prior to deciding on placement of your antenna. Do not rely on your “over-the-
air” antenna installation contractor to be knowledgeable of the legal property description of your
home.
These guidelines replace and supersede all existing ARC guidelines regarding “Over-the-Air Reception Devices” of LLGCPOA. Approved: November 15, 2012 LLGCPOA Architectural Review Committee Distributed to all homeowners by HOA Directors, Channel 63 message, and posting to bulletin boards - in Compliance with FCC rule (47 C.F.R. Section 1.4000).
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EXHIBIT “H” – DESIGN GUIDELINES – New Landscape Material Requirements
(Guidance for replacing existing plant materials and adding new ones)
The landscape materials listed are based on the original DIVOSTA LLGCPOA Landscape Materials
Requirements, and have been updated to include additional plantings. This listing is intended to provide
guidance to the ARC and to members replacing existing plant materials and adding new ones. Materials
requested that are not on this list will be considered for ARC approval on a case by case basis.
The ARC reserves the right to require additional plant materials if it deems appropriate,
Theme
Landscape materials shall be consistent with the image of the Lost Lake Golf Club - - a very natural,
wooded, park-like setting. The use of native species is encouraged to continue the intended semi-rural
environment. A minimum of 50% of tree and plant species used should be native. All plant species will
be reviewed for hardiness and appropriateness to the region.
Minimum Heights/Widths Required at Planting
Plant Material Minimum Height/Minimum Spread
Palms 14' overall /8' spread/3" caliper min. 16'
Shrubs "spreading" Overall 15"18"
Shrubs "upright" 24" (3 gal. min.) 18"
Hedges 30" (3 gal. min.) 24"
Vines 36" staked Recommended Plant Palette
The following plants were selected for their appropriateness to the region. Situations may still occur
that reduce the survival of these recommended species (extreme weather conditions, improper
maintenance, etc.). *DENOTES NATIVE SPECIES
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Trees
*Acer rubrum Red Maple *Hex spp. Native Holly Species *Liquidambar styraciflua Sweet Gum *Magnolia virginiana Sweet Bay *Myrica cerifera Wax Myrtle *Quercus spp. Oak Species Callistemon Bottle Brush
Palms
Bulia capitata Pindo Palm Chumaerops humilis European Fan Palm Livistonea chinensis Chinese Fan Palm *Paurotis wrightii Paurotis Palm *Rhapidophyllum hustrix Needle Palm *Sabal palmetto Cabbage Palm Washingtonia robusta Mexican Fan ( W a s h i n g t o n ) Palm Veitchia Merrillii Christmas Palm Hyophorbe lagenicaulis Bottle Palm Phoenix Roebelenii Pygmy Date Palm Hyophorbe verschaffeltii Spindle Palm
Shrubs
Duranta repens Golden Dewdrop Elaeagnus pungens Silverthorn Eugenia myrtifolia Surinam Cherry *Hex vomitoria Yaupon Holly Ligustrum spp. Ligustrum *Myrica cerifera Wax Myrtle Rhaphiolepsis indica Indian Hawthorne Viburnum spp. Viburnum Species
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*Zamia floridana Coontie Schefflera Arboricola ‘Trinette’ Variegated Arboricola Trinette Ixora ‘Nora grant’ Ixora Nora Grant Chrysobalanus icaco Cocoplum Ficus microcarpa 'Green Island' Green Island Ficus Crinum species Crinum Lily, Red Crinum Lily
Ground Covers
Carissa spp. Carissa Juniperus spp. Juniper Species *Lantana spp. Lantana Species *Liriope spp. Liriope Species Dietes bicolor or vegeta Yellow or White African Iris *Nephrolepis exaltata Boston Fern *Screnoa repens Saw Palmetto *Tripsacum dactyloides Dwarf Fakahatchee Grass Dianella tasmanica varigata Varigated Flax Lily
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Prohibited Plant Species (See also attached List of Category 1 Invasive Exotic plants) Acacia auriculaefomis Earleaf Pine Araucaria excelsa Acacia Norfolk Casuarina species Australian Pine Eucalyptus species Eucalyptus Grevillea robusta Silk Oak Melaleuca leucadendra Punk Tree/Cajeput/Paper Bark Schinus terebinth Brazilian Pepper/Florida Holly Wedelia trilobata Wedelia
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