Amendments 1-6 are incorporated DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made as of the date hereinafter set forth by WINDSOR DEVELOPMENT COMPANY, INC., a Florida Corporation, hereinafter referred to as "Declarant" or as "Developer".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of Brevard, State of Florida, which is more particularly described in Exhibit A hereof and which is platted as
WINDSOR ESTATES PHASE ONE A Private Subdivision Lying in Section 24, Township 26 South, Range 36 East Brevard County, Florida
according to the Plat thereof recorded in Plat Book 42 Page(s) 5. Public Records of Brevard County, Florida.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof.
DEFINITIONS
"Association" and "Homeowners Association" shall both mean and refer to "WINDSOR ESTATES HOMEOWNERS ASSOCIATION, INC.", a not-for-profit corporation organized under the laws of the State of Florida, its successors and assigns, and the terms may be used interchangeably from time to time herein.
"Builder" shall mean an owner of one or more developed but unimproved lots purchased for the purpose of the construction of a single family residential dwelling unit for sale, and who holds a license for such construction.
"Common Area(s)" for the purposes of this Declaration shall mean those portion of the Subdivision named as Tracts A, B, C, D and E on the plat of Windsor Estates as recorded in the Public Records of Brevard County, Florida, which are intended for the common use and benefit of all Owners of the Association. Additional parcels may be added to the Common Areas in the future.
"Conservation Easement Area(s)" shall mean and refer to those Common Areas designated as conservation easements upon any recorded Subdivision Plat or Plats of the Subdivision.
"Declarant" and "Developer" shall mean and refer to WINDSOR DEVELOPMENT COMPANY, INC., its successors and assigns.
"Landscape Buffer" shall mean all subdivision walls, fences, gates and vegetative buffers erected by the developer, his successor(s) in interest or the Association, (including the improvements thereto).
"Lot", whether or not capitalized, shall mean each lot platted as such in the Subdivision, the total number of which may increase if subsequent phases are platted and added to the Subdivision.
"Owner" shall mean each person or entity who owns record title to a Lot, excluding those having such title merely as security for performance of an obligation as described in Chapter 697, Florida Statutes.
"Subdivision" shall mean that property platted as Windsor Estates, the legal description of which is attached hereto as Exhibit "A", and such other property as may be brought within the jurisdiction of the Association and as may be submitted to this Declaration. It is Developer's intent that only a portion of the total Subdivision be made subject to this Declaration at this time and to make additional property subject to this Declaration subsequently in phases.
"Surface Water or Stormwater Management System" means a system which is 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, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C.
ARTICLE I MEMBERSHIP AND VOTING RIGHT IN THE ASSOCIATION
Section 1. General Purposes of Association.
The Association is organized for the purpose of providing common services to the Lot Owners; owning and maintaining landscaping, fencing and lighting on the Common Areas; owning and maintaining streets, curbs, sidewalks, entrance gates and access systems; maintaining the drainage easements, Conservation Easement Areas, Common Areas, surface water and/or stormwater management systems; providing enforcement of these covenants and restrictions; and engaging in activities for the mutual benefit of the Owners. In order to pay for these services, the Association will charge assessments against the Lots and their Owners. A Lot may be subject to lien for any unpaid assessments, but additionally each Owner is personally obligated for assessments coming due during the time such Owner owns the Lot. The functions of the Association shall be performed by a Board of Directors. Provisions relating to the Association and the Board of Directors are also contained in the Articles of Incorporation and By-Laws of the Association.
Section 2. Lot Owner Membership.
Every Owner of a platted Lot shall be a member of the Association upon acquiring title to the Lot. There shall be a one time initiation fee of $250.00 per Lot, payable to the Association at the time a Lot is conveyed to its initial Owner. Each subsequent Lot Owner may be reimbursed the previous owner the initiation fee that was paid at the time of the initial lot acquisition. A Lot acquired by a Builder from Declarant shall be subject to the initiation fee at that time of acquisition. The Association may spend some or all of the initiation fee for inspection of the Lot after completion of the improvements to certify compliance with the terms and provisions of this Declaration as provided in Article III, Section 5.
Membership shall be appurtenant to and may not be separated from ownership of any Lot. The initiation fee may be increased from year to year after December 31, 1997 in the same manner and amount as annual assessments may be increased pursuant to Article V, Section 5.
Section 3. Classification of Membership.
The Homeowners Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owner. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class A members shall also include all owners, with the exception of the Declarant, of lots in additional units if additional units are subjected to these restrictions as elsewhere provided in this Declaration.
Class B. The Class B member shall be the Declarant or successor developer and shall be entitled to three (3) votes for each Lot owned (to include each owned lot in additional units if additional units are subjected to these restrictions as elsewhere provided in this Declaration). The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) 3 months after 90% of the residential lots in all phases of the subdivision have been conveyed by the developer (or successor developer) to members (excluding conveyances to builders, contractors, or others who purchase a parcel for the purpose of constructing improvements thereon for resale), or
(b) Upon the election of the Declarant or successor Developer.
Section 4. Membership Vote.
Voting will be allowed by certified written mailed-in ballot on all issues that require a vote by the full Association. The maximum number of votes that may be cast is the sum of all votes held by qualified Class A members and the Class B member either present in person, or by proxy at the time the vote is taken at a meeting, or by actual ownership of platted lots if by certified written ballot. The number of votes needed for a quorum on any vote of the Association shall be a minimum of 30% of the sum of all the votes held by qualified Class A members and Class B members for any ballot to be valid. All matters to be voted on by the Association shall require a quorum and shall be decided by a majority of those votes cast by owners represented by the quorum. Voting shall also be permitted by general or limited proxy at any meeting of the Association.
Section 5. Voting Qualifications.
To be qualified to vote, a Class A member must be current in payment of all assessments and any liens which have been levied against that member or any Lot owned by that member as of the date of the vote. Any person designated in writing by the Declarant shall be qualified to cast the votes for each Lot owned by the Class B member.
ARTICLE II ARCHITECTURAL AND AESTHETIC REQUIREMENTS
Section 1. Architectural Control Review Committee.
(a) There shall exist an Architectural Control Committee (hereinafter referred to as "Committee") which shall consist of three (3) or more members. So long as there is a Class B membership of the Association, control of the Committee and approval of all plans and specifications and other functions herein shall be vested in the Declarant, who shall appoint all Committee Members. Appointive Committee members need not be Owners, and shall serve indefinitely, at Declarant's pleasure.
(b) After Declarant's Class B membership in the Association converts to Class A membership, seven (7) Committee members shall be elected by a majority vote of the Board of Directors of the Association at its annual meeting. Members may include members of the Board of Directors and Association Managers. Five (5) elected Committee members must be Owners, and shall serve until their successors are elected at the next annual meeting. Committee members may be re-elected.
(c) A quorum of the Committee shall consist of a majority of its members; it shall take the affirmative vote of a majority of the members at the meeting at which a quorum is present to approve or perform any action. The Committee shall keep written records of its actions. The Committee shall meet from time to time as necessary.
Section 2. Construction Plan Review.
(a) No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee.
(b) Two sets of construction plans and specifications shall be submitted to the Committee showing all intended construction and alterations on the subject Lot, including but not limited to site plan, tree survey, landscape plan, sidewalk construction, exterior elevations, paint colors, shingle samples, exterior materials samples, and other descriptions necessary to describe project. An administrative fee of $35.00 shall be paid to the Association for processing the plans, payable at the time of submission. Plans and specifications in regards to topography and finished grade elevation must also be submitted for approval by the Committee prior to the commencement of any excavation work or activity which will alter the existing topography of the Lot. The Committee shall notify the Lot Owner, in writing, within thirty (30) days of receipt of all required evidence, of the Committee's approval or disapproval of any project. Said written notice may be signed by any one member of the Committee.
(c) Builders who have contracted with the Developer to purchase 5 or more lots may submit plans of their models, colors, shingles and landscape designs for general approval by the Committee. Each Builder is responsible for notifying the Committee in writing prior to construction of the exact pre-approved specification as provided herein as to which model, colors, landscaping, etc. are to be used on each specific lot. The administrative fee will be waived by the Committee if proper notification is received prior to construction for a specific lot so long as one of the generally approved models and landscape design is being used.
(d) The plans, specifications, and location of all contemplated construction shall be in accordance with the terms hereof and with all applicable codes and ordinances of the local governing agency issuing permits for construction or land alteration in effect at the time of such proposed construction or alteration. The Committee shall have the right, in its sole discretion based upon these Covenants and Restrictions, to approve or disapprove any Lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar energy device, posts, antennas, fountains, decorative building features, landscaping plan, landscape device or object, yard decorations, or other improvement, whether as new construction or additions, modifications or alterations to Lots.
(e) In the event any required approvals are not obtained prior to commencement of improvements, or in the event improvements are made which vary from those approved, it shall be deemed that no approvals were given and that a violation and/or breach of this Declaration has occurred. A fine of $50.00 per occurrence shall be assessed against the Lot and shall accrue with interest as provided in Article VI until the fine is paid and approval is obtained or improvements corrected to comply with an approval given. If after 120 days from the date the first fine is assessed and the non-compliance has not been corrected, the Committee may re-assess the $50.00 fine as a second occurrence of the same violation and may continue to do so every 120 days until the violation has been corrected.In any action required to enforce architectural review standards, the Association, when the prevailing party, shall be entitled to recover reasonable attorneys fees and costs incurred prior to and as part of the action and attorneys fees and costs on appeal.
Section 3. Clearing.
Prior to any construction the Committee will be furnished a tree survey showing the location and type of all trees 4" or more in caliper at breast height. This survey shall also show types and general location of existing vegetation. A site plan will be provided showing the location of any structures, driveways, and sidewalks to be constructed and which vegetation and trees are proposed to be removed.
It is the intent of the Committee that as much of any existing wooded character of a Lot be retained as reasonably possible. All yard areas of a Lot not left in their natural state shall be sodded or replanted. For any Lot fronting a lake, the Owner including Builders of same shall also be responsible for sodding and maintaining areas between his property line and the water's edge, if any.
If any unauthorized clearing takes place on any Lot or Common Areas, restoration of said Lot or Common Areas to their original condition must be made. The restoration plans as to location of plant material, size, and type must be submitted to the Committee for approval. If the Owner of any Lot (or his contractors, agents or invitees) that has been cleared without written authorization of the Committee fails to restore said Lot or Common Area damaged by the Owner (or his contractors, agents or invitees) within thirty (30) days of receipt of written notice from the Committee, then the Committee may make such restoration, the cost of which shall be a lien against the Lot and a debt of Owner which may be enforced in the same manner as enforcement of Assessments as set forth herein.
Section 4. Grading, Drainage and Floor Elevations.
i) Each Lot shall be filled and graded to elevations as defined in this document, as designed by Bussen-Mayer Engineering Group, and as approved by Brevard County Engineering Department. Drainage of each Lot shall be accomplished by grading Lots so runoff from one Lot does not drain onto another Lot.
ii) Sidewalks for each Lot shall be constructed at the time of home construction and shall be graded so as not to impound water in the Lot or on the sidewalk. The sidewalk shall be slanted toward the street to assure proper drainage. The property line side of the sidewalk shall be two inches higher than the back of curb elevation and blend in smoothly with the finished sod grade of each lot.
iii) Finish floor elevations shall be a minimum of 22 inches above the centerline of the road measured from the center of the lot or as approved by Brevard County Engineering Department. A finished floor variance of not greater than two inches plus or minus of the adjacent lots established finished floor should be maintained to create a uniform drainage standard. This requirement does not restrict a builder from constructing a finished floor at an elevation greater than 22" should it be deemed necessary to comply with County, State or Federal requirements.
Section 5. Landscaping.
(a) All landscaping must conform to all codes and requirements of the local governing agencies. A typical or several master landscape plan(s) may be submitted to the committee for approval by Builders in accordance with above Sections 2 and 3. This plan may be altered to accommodate existing vegetation on individual lots. All areas of the yard of each Lot not left in this natural vegetated condition shall be replanted with trees, shrubs, ground cover and flowers, or sodded including all easements and right of ways directly in the front and rear of all lots.
(b) No existing living tree four (4) or more inches in caliper, measured at breast height, shall be removed from a Lot unless said tree is diseased or interferes with erecting or placing the house or other permanent structures on said Lot and grading for proper drainage.
(c) A minimum of six (6) trees are required to be planted in the front and side yard of each residence: at least two live oaks in 30 gallon containers or equivalent, not less than 10' to 12' feet in height with 4' to 5' of spread and 2" in caliper at breast height and four of any of the following type trees in not less than 15 gallon containers or equivalent, 7' to 9' feet in height with 3' to 4' of spread and 1" in caliper at breast height: live oak, laurel oak, magnolia, or east palatka holly. The trees shall remain perpetually on each lot. Notwithstanding the foregoing, trees must conform to any stricter standards required by any applicable governmental entity. In the event any of the trees die either by disease or neglect, they shall be replanted with the same or other approved type of tree to comply with these minimum requirements. Upon notification by the Association and/or the local governing agency, each homeowner shall have thirty (30) days to replant/replace said trees required under these restrictions.
(d) A minimum of $1,250 as part of the construction cost of each residential unit must be spent on landscaping material which shall be used to purchase trees and new plant material to be planted at the front of each residence. This planting expense shall not include the cost of sod or irrigation system.
(e) Each Lot shall be entirely sodded including all easements and right-of-ways directly in the front and rear of all Lots with floritam sod. All Lots that have lot frontage on a lake must sod and irrigate down to the existing waterline. Each residence shall have an automatic sprinkler irrigation system with automatic timers for the proper maintenance and watering of all shrubs and landscaping including areas in right-of-ways and easement areas adjacent to each lot.
(f) A typical planting plan for the purpose of a uniform streetscape shall be followed as part of any landscape plan. This streetscape shall require the planting of the two of the six trees on 50' centers 10' from the back of the sidewalk. (Detail sketch to be provided by Developer).
(g) Front planting beds shall consist of shrubs and ground covers. Minimum coverage shall consist of a 5' wide planting bed times the length of the house which will equal the minimum square footage of the front yard planting beds. Example: Front dimension of the house: 60' x 5' = 300 sq. ft. of planting bed area in the front set back area. (Detail sketch to be provided by Developer).
(h) Side planting beds shall consist of shrubs and ground covers. Minimum coverage shall consist of a 3' wide bed starting at the front setback running 50% of the length of each side of the house. (Detail sketch to be provided by Developer).
Section 6. Roofs, Shingle Material and Exterior Elevations.
No primary portion of a straight gable or hip roofs may be built with a pitch lower than 5/12. All roofs shall be pitched except for those areas over porches and patios. Flat roofs must be constructed of approved framing, decking, tar paper and gravel or similar material. No metal, aluminum or fiberglass roofs will be permitted.
The Committee must approve the type, color, and style of all shingle and roof covering materials. Under no circumstances shall any home be constructed without either slate, tile, cedar, or guaranteed 25 year fungus resistant architectural dimensional fiberglass shingles or equivalent. The Association Board of Directors may reject any exterior elevation based on the roof line, shingle type or exterior elevation appearance that in its judgment is not within character in keeping up with the standards of the subdivision.
Section 7. Exterior Covering, Siding and Paint.
There shall be no artificial brick, stone, stucco, aluminum, vinyl, T-11 or other siding materials used on the exterior of the buildings or other structures without first receiving written approval of the Committee as to type, color, and texture of the material. Painting of driveways in prohibited.
All paint used on the exterior body of any residence shall be subdued in its tone. Colors should be selected to harmonize with the natural environment of the subdivision and should be soft and unobtrusive. They should not be loud or bright. No more than one paint color (may be used) for the body of each residence and no more than two accent trim colors. Paint colors must be submitted for approval prior to being applied on any residence. A written approval listing the manufacturer and paint sample number of all paint colors including body and trim paint must be obtained for each residence from the Committee.
Section 8. Overhead Garage Doors and Garage Door Openers.
All overhead garage doors shall be decorative in design and should complement the exterior elevation of each individual residence. Under no circumstances may fiberglass or plastic type garage doors be used. All overhead garage doors must be installed and maintained with an operational automatic garage door opener. Garage doors should remain closed when not in use.
Section 9. Dwelling Size.
The ground floor of the main structure exclusive of any open porches, patios (enclosed or otherwise), breeze-ways and garages, shall not be less than 1800 square feet for a one-story dwelling and not less than 1200 square feet for the ground floor of a dwelling of one and one-half or two stories. Each residence shall have an enclosed garage for a minimum of two cars. No carports shall be permitted. No lot improvement shall exceed 2 stories or 30' in height, whichever is greater.
Section 10. Building Location.
Buildings shall be set back not less than 25 feet from the front lot line, not less than 7-1/2 feet from each side lot line, and not less than 20 feet from the rear lot line. On a corner lot, the side street setback shall be not less than 15 feet. If a corner lot is contiguous to a key lot, then the side street setback shall be not less than 25 feet. For the purpose of this covenant, eaves, concrete slabs, steps and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot or easement. If there is any conflict between this covenant and zoning regulations of the proper governing authority said zoning regulations shall apply.
Section 11. Post Lights.
Each residence constructed shall be required to install and maintain an exterior post light in the front set back area prior to occupancy. Said post lights shall be black in color and uniform in design and in a standard location on each lot. The exact type, and location of the post light shall be determined by the Declarant. All post lights are required to be installed by the builder prior to the occupancy of the residence. (Detail sketch and description to be provided by Developer).
Section 12. Street Address Numbers and Mail Boxes.
All street address numbers are to be installed prior to the completion of each residence. The location of street address numbers shall be as uniform as possible on each residence. All mail boxes shall be uniform as to type, color and design. The location, color, size and type of mail boxes and street address numbers shall be determined by the Declarant. All mail boxes and street address numbers are required to be installed by the builder prior to the occupancy of the residence. (Detail sketch and description to be provided by Developer).
ARTICLE III GENERAL RESTRICTIONS - USE AND OCCUPANCY
Section 1. General Prohibition.
No residential dwelling, garage, outbuilding, structure or appurtenance of any kind, including additions or substantial alterations thereto, shall be erected, placed or maintained on the Properties or any portion thereof that does not conform to the standards, requirements, prohibitions and provisions of this Declaration or applicable governmental regulations, as same may exist or be changed from time to time. All such construction shall be performed, completed, erected, placed and maintained only in accordance with the plans and specifications required herein as approved by the Committee and governmental building code requirements.
Section 2. Only Residential Purposes.
No Lot shall be used in whole or in part for anything other than residential purposes, except for model residential dwelling units which may be maintained by the builder or developer only for purposes of the sale of residential dwellings within the subdivision, and except such construction and sales trailers as may be permitted by Developer and any applicable governmental entity. Other than conducting the sale of residential dwellings, no trade, traffic of business of any kind, whether professional, commercial, industrial, manufacturing or other non-residential use shall be engaged in or carried on within the subdivision or any part thereof; nor any other activities which may be or which may become an annoyance or a nuisance to any Lot, Owner or property adjacent to the subdivision.
Section 3. Single-Family Residential Use.
No building or structure shall be erected, altered, placed or permitted to remain on any Lot other than one (1) single-family residential dwelling, nor may any dwelling be occupied by more than one family.
Section 4. Subdivision.
No Lot shall be subdivided or split by any means what so ever into any greater number of residential lots nor into any residential plat or plats of smaller size.
Section 5. Occupancy Before Completion.
No building or structure upon the Properties shall be occupied until the same is approved for by such governmental agency which is responsible for regulation of building construction and until it complies with the terms and provisions of these covenants and restrictions. Upon completion, the Committee shall inspect the Lot and improvements and issue the Lot Builder a certificate of compliance acknowledging that said terms and provisions have been met or itemizing any non-compliance. The certificate of compliance shall be delivered to the Owner upon the transfer of title or prior to occupancy.
Section 6. Maintenance and Repair.
All improvements placed or maintained on a Lot shall at all times be maintained in good condition and repair.
Section 7. Completion of Construction.
All construction and landscaping approved by the Committee shall be completed within six (6) months from the date of written approval. The Committee may grant a greater period of time to complete said construction or may grant an extension of said six-month period.
Section 8. No Temporary Buildings.
No tent, shack, trailer, house trailer, garage, or other space shall at any time be used on any Lot as a residence temporarily or permanently. No building or dwelling of a temporary character shall be permitted, except that: buildings necessary for construction or sales taking place in the Subdivision and not intended to be used for living accommodations may be erected and maintained only during the course of construction and sales and after receipt of written approval from the declarant.
Section 9. Ground Maintenance.
(a) Grass, hedges, shrubs, vines, trees, and mass plantings of any type on each Lot shall be kept trimmed and shall at regular intervals be mowed, trimmed and cut so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants which die shall be promptly removed and replaced.
(b) No weeds, vegetation, rubbish, debris, garbage, objects, waste, or materials of any kind what so ever shall be placed or permitted to accumulate upon any portion of a Lot which would render it unsanitary, unsightly, offensive, or detrimental to the Subdivision or to the occupants of any property in the vicinity.
(c) No building material of any kind or character shall be placed or stored upon any Lot so as to be open to view by the public or neighbors, unless such material will be used and is used for the construction of buildings or structures upon the Lot on which the material is stored.
(d) All Lot Owners owning Lots adjoining Common Areas shall be required to install grass or to landscape to the edge of the water or vegetation located in that Common Area, and to maintain such grass or landscaping, regardless of where the exact boundary line lies between the Lot and the Common Area.
(e) All sprinkler and irrigation systems are to be maintained in good working order at all times and provide regular daily and weekly irrigation to maintain grass, hedges, shrubs, trees, vines and mass plantings on each Lot.
Section 10. Fences, Walls, Hedges, Mass Planting of Any Type.
(a) Fences, walls, hedges or mass planting of any type shall not exceed a height of six (6) feet above the finished graded surface of the grounds upon which it is located and shall not be constructed, planted, placed or maintained upon any Lot without the written consent and approval of the Homeowners Association's Board of Directors.
(b) No hedge or mass planting of any type exceeding three (3) feet above the finished graded surface of the ground upon which it is located shall be constructed, planted, placed or maintained between the street and the front setback line of any Lot without the written consent and approval of the Homeowners Association's Board of Directors.
No Fences, walls, hedges or mass planting of any type shall be built further forward on a Lot than ten (10) feet behind the front building line of any residence, and shall not exceed six (6) feet in height, except as otherwise provided herein. All fences built on the street side of any corner Lot shall have a minimum setback requirement equal to the side setback requirements as provided in Article II, Section 10. No fence shall be constructed without the written approval and consent of the Committee. The finished side of all fences shall face the exterior of the Lot.
With respect to any lot adjoining a lake or retention area, no fence or wall, shall be constructed behind the rear building setback line (the rear fence line) of the residences on any such Lot except upon the granting of a variance by the Committee in accordance with the following guidelines and procedures:
i. An application, including plans and specifications, for the fence must be submitted to the Committee and processed as set forth in Article II and this section. ii. The committee shall have the right, in its sole discretion, based upon these Covenants and Restrictions, to approve or disapprove the variance. iii. The Lot Owner must demonstrate to the Committee a special safety need for the fence based upon the physical, mental or medical condition of a full time occupant of the Lot. Such condition must be substantially similar to one of the following conditions:
a. An occupant who is under the age of ten (10); b. An occupant, regardless of age, who is functioning at a mental level below that of age ten (10), based upon the determination made by an appropriate doctor in writing. c. An occupant who is unable to swim as a result of a physical and/or mental disability as confirmed in writing by an appropriate doctor.
iv. The variance shall not be permanent in nature and shall expire upon the termination/elimination of the physical, mental or medical condition forming the basis of the original variance granted, whether by a child reaching the age of ten (10), the sale of the residence to new owners with no special conditions or otherwise. The fence shall be removed within thirty (30) days of variance expiration. v. No variances will be granted on the need to fence or protect pets, nor will a variance be granted solely because an occupant has not learned to swim. vi. No variance permitting a solid wall will be granted. vii. No variance permitting a fence exceeding four (4) feet in height will be granted.
All fences must be in conformance with all governmental regulatory codes and setback requirements. No fence shall be constructed without the written approval and consent of the Committee.
(d) No fence may be constructed of wire, chain link or cyclone style of fencing on any Lot.
(e) All fences to be constructed in the Subdivision shall be constructed of the board-on-board or shadowbox type, and shall be of uniform design and finish. The type and style shall be decided by the Committee. Prior to construction of a fence or wall on any Lot, the Owner must submit a detailed sketch showing the tpe and location, and confirming the use of the pre-approved style and color of the proposed fence or wall to the Committee for approval.
Section 11. Animals, Birds and Fowl.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that a reasonable number of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. No kennel or other commercial animal operation shall be maintained on any Lot. No pet shall be allowed to run loose and uncontrolled within the Subdivision. All pets shall be maintained in a quiet and orderly fashion so as not to disturb other Lot Owners. Pet Owners shall comply with all governmental regulations concerning the proper care, maintenance, licensing, and control if their individual pets.
Section 12. Laundry.
No clothes, sheets, blankets or other articles shall be hung out to dry in the side or front yards of any Lot except in a service yard or yard enclosed by a lattice, fence, wall or other screening device.
Nothing contained in these deed restrictions shall be in conflict with Florida Statutes 163.04 Renewable Energy Sources.
Section 13. Exterior Light Fixtures.
No exterior lighting fixtures shall be installed on any Lot or residential dwelling without adequate and proper shielding of the fixture. No lighting fixture shall be installed that is an annoyance or a nuisance to the residents of adjacent Lot or Lots.
Section 14. Parking.
The parking of commercial vehicles, which description, for the purposes of this Declaration, shall include trucks (larger than a pick-up truck), tractor-trailers, semi-trailers, and commercial trailers, at any time on driveways, otherwise on said premises, on common areas, or on the public streets of said subdivision, is prohibited except for loading and unloading purposes or when parked entirely within a closed garage permitted to be built under the provisions of these restrictions. Boats, watercraft, campers, travel trailers and similar recreational vehicles may only be placed and kept or stored upon a Lot containing a residence, placed no further forward than 10' behind the front building line of the residence, with landscape or with six (6') foot fence screening so as to make same not visible from the street (including side street in the case of a corner Lot or adjoining Lot), or in a closed garage. Inoperable vehicles or vehicles under repair may only be placed and kept on a Lot in a closed garage.
Section 15. Drainage Easements, Easements and Common Areas.
(a) Easements for installation and maintenance of utilities and drainage facilities are shown on the plat, or are of record, and the same are reserved for such use. Within these easements, or on any Lot, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, or which may otherwise disturb the surface water or stormwater system. It is important that the banks, swales and drainage areas located within the Subdivision remain undisturbed and properly maintained in order to perform their function. Where any portion of
such berms, swales, banks lie within a Lot, the Owner of that Lot shall maintain the same continuously and shall not disturb, damage or otherwise interfere with the berm, swale, drainage canal or other portion of said lake, drainage canal or system which is located on or adjoins said Owner's Lot. Lot swales/berms which are required to be located on certain Lots in the Subdivision, pursuant to the Subdivision construction plans and the St. John's River Water Management District permit, shall be constructed, maintained and repaired by the respective Lot Owners in accordance with said plans and permit. The initial construction of the Lot swales/berms shall be completed prior to the issuance of a certificate of occupancy for any residence to be constructed on said Lot; provided, however, initial construction of said berms and swales must be completed no later than the mandatory completion date established pursuant to the St. John's River Water Management District permit, even if a residence has not been constucted on the Lot(s).
(b) All Lot Owners who adjoin a Common Area shall assist the Association in maintaining that Common Area. No Lot Owner shall disturb or damage any wetland plantings or Common Areas. In the event an Owner does damage wetland plants or Common Areas, the Owner shall be responsible for the replacement and replanting of all damaged or destroyed plants and restoration of disturbed areas within thirty (30) days of written notification by the Declarant or the Homeowners Association.
(c) Easements for ingress, egress and access are hereby reserved in favor of the Developer and the Association over and across the platted utility and drainage easements encumbering all Lots adjacent to Common Areas for the purpose of access to said Common Areas for repair and maintenance. The Developer and Association may, without incurring any liability to the Lot Owner for trespass or damages, remove any impediments to these access rights, and may levy a special assessment as provided in Article V for the cost of such removal.
Section 16. Excavations.
No excavations for stone, gravel, dirt or earth shall be made on any portion of the Properties; except for the construction of dwellings, walls, foundations, swimming pools, structures and other appurtenances. The plans and specifications for such excavations must be approved by the Committee in writing prior to construction.
Section 17. Signs.
Except for signs permitted by the Declarant and except for signs utilized by the Developer and Builders to advertise the sale of lots or dwelling units for sale and except as otherwise permitted by the Homeowners Association's Board of Directors, no sign of any character shall be displayed or placed upon any Lot or living unit except "for rent" or "for sale" signs, which signs may refer only to the particular premises on which displayed. Said signs shall not exceed the normal and customary standard size for the local Real Estate Industry, shall not extend more than four (4) feet above the ground, and shall be limited to one (1) sign per Lot or living unit, and displayed only upon the Lot sought to be rented or sold. No signs may be attached in any manner to a tree.
Section 18. Refuse.
No trash, garbage, rubbish, debris, waste or materials or other refuse shall be deposited or allowed to accumulate or remain on any Lot. Unless otherwise approved by the Committee.
Section 19. Nuisances.
No noxious or offensive trade or activity shall be permitted on any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 20. Preservation of Common Areas.
No person shall reconstruct, damage or destroy, clear, open, reduce, remove, alter, modify or install any thing or improvement within, over or upon any common area, easement or preservation area without first obtaining written approval from the Committee. No construction or excavation in the proximity of any preservation area, canal, bank slope or swale, shall be permitted which may substantially impair the stability of the character or drainage in said area.
Section 21. Wells.
No water wells shall be dug on any Lot or on the Properties except for purposes of irrigation of landscaping.
Section 22. Open Burning.
(b) Open burning to reduce solid waste on any Lot is not permitted.
Section 23. Swimming Pools.
A Swimming pool may be constructed on a Lot within the appropriate setbacks and with the approval of the location and material by the Committee. Access to a pool from the boundaries of the Lot must be controlled from all directions by fencing and the residential structure. If pools are protected by screens, such screens and their structures shall be approved by the Committee. Swimming pools shall be only inground type and shall be constructed of fiberglass, concrete, or concrete materials. The pool deck shall be no higher than two (2") inches below the grade level of the first floor house pad.
Section 24. Right to Inspect.
The Homeowners Association's Board of Directors may at any reasonable time or times during periods of construction or alteration and within thirty (30) days thereafter enter upon and inspect any Lot and any improvements thereon for the purpose of ascertaining whether the maintenance of such Lot and the maintenance, construction or alteration of structures thereon are in compliance with the provisions hereof; and neither said Board nor any of its agents shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.
Section 25. Antennae, Aerials and Satellite Dishes.
All exterior antennas, aerials and satellite dishes shall be placed as unobtrusively as possible on the lot, and screened from view by existing landscaping. Prior architectural review approval is required for any antenna that is twelve feet (12) or more above the roof line, or is higher than the distance between the antenna installation and the lot line.
Section 26. Games and Play Apparatus.
All games and play apparatus remaining outdoors for more than three days shall be located at the rear or side of the dwelling, so as not to be visible from any street. The Committee may make exceptions and permit basketball backboards or similar play apparatus that is visible from the street. Any permitted basketball standards must be in writing by the Committee and shall be constructed of uniform black enamel pole and white backboard and shall be a minimum of 25' from any public street.
Section 27. Oil and Mining Operations.
No oil or gas drilling, oil or gas development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 28. Water Supply.
No individual water supply systems for drinking purposes or household use shall be permitted on any Lot unless approved by the Committee. This provision, however, shall not preclude the installation of any individual water systems for irrigation purposes, provided that such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of the applicable governmental agencies.
Section 29. Sewage Disposal.
No individual sewage disposal systems shall be permitted on any Lot.
Section 30. Air Conditioning.
No window or wall air conditioning units shall be permitted in any improvements located within the Subdivision. All air conditioning units shall be placed no further forward than 10 feet behind the front building line of the residence with landscape or fence screening so as to make same not visible from the street (including side street in the case of a corner lot).
Section 31. Tanks.
No permanent above ground oil tanks or bottled gas tanks may be placed on Lots containing residences.
ARTICLE IV PROPERTY RIGHTS AND REQUIREMENTS
Section 1. Owner's Easements of Enjoyment.
Every Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:
(a) The right of the Association to dedicate or transfer all or any parts of the Common Area, except Parcel "E", to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association, provided no such dedication or transfer shall be effective unless: (i) such dedication or transfer is approved by Declarant, so long as Declarant owns a Lot, or if Declarant no longer owns a Lot, then by a vote of 50% of the Class A Members. The Declarant, his heirs or assigns must give written approval to transfer all or a portion of Parcel "E" to any public or private agency; and (ii) the approval of such dedication or transfer has been properly recorded; and
(b) That the Conservation Easement Areas be left in their natural condition as set forth in Section 6 hereinbelow.
Section 2. Owner's Use of Lot.
An Owner's use of his or her Lot shall be limited to residential purposes, but nothing herein shall be deemed to prevent a Owner from leasing his or her residence to a single family for the purpose of a residence, subject to these covenants and restrictions. All Owners leasing or renting their Lots or homes shall be required to incorporate the following provision in their lease or rental agreements, substantially in the following form:
The Lease Premises are a part of a Subdivision. All persons occupying property in Windsor Estates are required to observe the Covenants and Restrictions of the Windsor Estates Homeowners Association. Copies of all Covenants and Restrictions are to be obtained from the Landlord.
In addition, all Owners leasing their Lots or homes are required to provide the Association with a copy of the lease or the names and addresses of the Landlord and the Tenant that are contained in the lease or rental agreement.
Section 3. Notice of Conveyance.
At any time an Owner conveys his Lot, he and the transferee shall be jointly obligated to notify the Association of the transferee's name, mailing address and date of transfer. A notice will be provided by the Association upon the transfer of any Lot providing the current written status of the Association dues.
Section 4. Others' Use.
Any Owner may share his right or enjoyment to the Common Area and facilities with the members of his family, his tenants, or visiting guests so long as same observe and abide by these covenants and restrictions.
Section 5. Damage by Lot Owners including Builders.
The Owner of a Lot including Builders shall be responsible for any expense incurred by the Association or the Developer to repair or replace Common Area vegetation and topography, right-of-ways, swales, drainage facilities and utility lines when such repair or replacement is necessary as a result of the negligent or intentional errors or omissions of the Owner, his family, tenants, guests, agents or invitees. This shall specifically include repairs or replacements resulting from the actions of the Owner's contractor in constructing any improvements on the Owner's Lot. Any such expense if not paid upon demand shall be added to the Assessment to which the Owner's Lot is subject and shall be due and payable in the same manner as the Assessments provided in these covenants.
Section 6. Motor Boat Use Restriction.
Only man-powered, wind propelled or electric operated boats may be used on any lakes or retention areas situated in the Subdivision. No such vessels nor any other vessels may be used in wetland areas within the Conservations Easement Areas.
Section 7. Conservation Easement Areas.
The Conservation Easement Areas shall and are hereby declared to be subject to a Conservation Deed Restriction pursuant to Section 704.06, Florida Statutes, in favor of the St. Johns River Water Management District ("District") for the purpose of retaining and maintaining the Conservation Easement Areas in their predominantly natural condition as a wooded water recharge, detention and percolation and environmental conservation area. In furtherance of this Conservation Deed Restriction, all of the following uses of the Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water Management District, to wit:
(a) The construction, installation, or placement of signs, buildings, fences, walls, roads, or any other structures and improvements on or above the ground of the Conservation Easement Areas; and
(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
(c) The removal or destruction of trees, shrubs, or other vegetation from the Conservation Easement Areas; and
(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Conservation Easement Areas; and
(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, and
(g) Acts or uses detrimental to such retention of land or water areas.
The Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the District, and their successors and assigns, shall have the right to enter upon the Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer, the Association, and all subsequent owners of the Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Conservation Easement Areas.
The prohibitions and restrictions upon the Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District or its successor agency by proceedings at law or in equity including, without limitation, actions for injunctive relief. The provisions of this Conservation Easement Area restriction may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the land of the Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the District, and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this easement, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Conservation Easement Areas is properly recorded.
Section 8. Maintenance of Roads and Streets:
The roads and streets within the boundaries of the subdivision and designated as Tract "D", are private in nature and not dedicated to the public. The access to these roads and streets may be restricted from access to the general public at the general point of access located in Tract "B" along Windsor Estates Drive. The Windsor Estates Homeowners Association, Inc. is responsible for maintaining and insuring all roads, streets, curbs, sidewalks, and drainage in Tracts "B", "C", "D" and "E".
Section 9. Maintenance of Operation of Surface Water or Stormwater Management System.
The Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted, or if modified as approved by the St. Johns River Water Management District.
The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the surface water or stormwater management system.
Section 10. Maintenance of Drainage Easements.
It shall be the duty of the Association to maintain the drainage easements if said duty is not assumed by any governmental agency pursuant to any dedication agreement. Said duty shall include the obligation to cut grass, cut any trees, bushes or shrubbery, make any grading of the soil, or take any other similar actions reasonably necessary to maintain reasonable standards of health, safety and appearance. Drainage flow shall not be obstructed or diverted from drainage easements. Developer may but shall not be required to add drainage for surface water wherever and whenever necessary to maintain reasonable standards of health, safety and appearance and may charge the association for these costs; provided, however, any maintenance, clearing, grading or cutting of drainways must be as permitted, or as approved by St. Johns River Water Management District and Brevard County pursuant to a permit modification.
Section 11. Maintenance and Operation of Recreational Facilities Located On Tract "C".
The Association shall be responsible for the maintenance, operation and repair of the recreational facilities located on Tract "C". The Association shall maintain the recreation area to a reasonable standard for the health, safety and attractive appearance for the residents. The Association may repair, reconstruct or modify the recreational facilities to meet the needs and expectations of the members of the Association. Access to and use of this recreational tract may be restricted to the general public and is intended for the private use of the members of the Association and their invited guests. The Association may establish rules of operation governing the use of this facility. These rules shall be posted at the recreational facility and shall be given to each resident including any modifications or amendments thereof. Each member of the Association agrees to abide by the rules of operation governing the recreational facilities and may be restricted from the use of these facilities for violations thereof. The Association shall be responsible for carrying general liability insurance covering the members of the Association for the use of the recreational facility and other common areas within the subdivision.
Section 12. Maintenance of a General Liability Insurance Policy.
The Association shall be responsible for the issuance and maintenance of a general liability insurance policy covering all of the subdivision improvements located in Tracts A, B, C, and E. This liability policy will cover all of the improvements that are the property of the Association and general liability regarding their use. In addition, the Homeowners Association shall maintain an Officers and Directors policy for those members of the Association who are members of the Board of Directors. Such policy shall be reviewed on an annual basis to assure that they meet current governmental rules and standards, and generally acceptable insurance practices. At no time shall coverage be less than a one million dollar general liability policy. The insurance must be purchased from an insurance company that is certified to do business in the State of Florida and is in good standing with the Department of Insurance.
ARTICLE V COVENANT FOR ASSESSMENTS
Section 1. Assessments.
(a) All Lots shall be subject to annual and special assessments as herein provided in order to fund the costs of fulfilling the purposes of the Association. In the event of a conveyance, the grantee is jointly and severally liable with the grantor for all assessments outstanding against the grantor and subject Lot, without prejudice to any right the grantee may have to recover from the grantor any amounts paid by the grantee. Each Lot Owner is deemed to covenant and agree by acceptance of a deed to a Lot to pay all assessments and no Lot Owner may waive or avoid responsibility for payment of any assessment by not using his Lot or the Common Areas or by disputing the purpose of the assessment or for any other reason; provided however, that no Lot while owned by the Developer shall be subject to either annual or special assessments. The Developer hereby obligates itself to pay any operating expenses that exceed assessments received from the members and other income sources of the Association. This obligation shall terminate when the Developer no longer controls the Association. This payment may be in the form of a loan to the Association from the Developer for the payment of current expenses.
(b) Both annual and special assessments must be fixed at a uniform rate per Lot subject to any assessments and may be collected monthly, quarterly or annually as determined by the Board of Directors. As to any individual Lot or Lot Owner who has not paid an assessment when due or is in violation of these Covenants and Restrictions, however, the amount of the assessment outstanding shall be increased by interest, late charges, costs, fines, damages and attorneys fees, as referenced throughout this Declaration.
Section 2. Annual Assessments.
The Association shall fix the amount and the due date of the annual assessment. Initially, annual assessments shall be payable in one annual installment, payable when the Owner takes title and prorated from that date to the end of the fiscal year. The title company shall forward the proceeds of the prorated annual assessment to the Homeowners Association. The Association shall notify the Owners of each Lot of the amount, the date on which the assessments are payable, and the place of payment.
Section 3. Date of Commencement of Annual Assessments.
The annual assessments for each Lot shall be payable upon conveyance of that Lot to a Class A Member, and at the beginning of each fiscal year of the Association thereafter. Builders may become liable for annual or special assessments prior to receiving conveyance of a Lot, as may be provided by contract between Developer and the Builders.
Section 4. Special Assessments.
The Association may levy a special assessment to pay in whole or in part for the cost of any shortfall in the annual budgeted operating revenues, or for any repair or replacement of an existing capital improvement, or for the construction/acquisition of a new capital improvement, without concurrence of the Owners unless the cost of such repair/replacement/acquisition/construction is major. "Major" as referenced herein shall be defined to mean that the amount of the proposed special assessment per Owner, plus any other special assessments levied during that same fiscal year, exceeds 50% of the then current year's annual assessment. Major capital improvements shall require the special assessment to be approved by a majority of the votes needed for a quorum of the total membership vote. The Association may also levy special assessments without limitation or the concurrence of any Owner to pay for the cost of maintenance or enforcement of these covenants and restrictions with regard to specific lots; any such assessment shall be levied against the Owner of such lot. Special assessments shall be payable at such time and place determined by the Association and stated in the assessment notice.
Section 5. Maximum Annual Assessment.
Until January 1, 1998, the annual assessment shall be $250.00 per Lot.
(a) From and after January 1, 1998, the annual assessment shall be set by the Association and may be increased each year by up to ten (10%) percent above the maximum allowable assessment for the previous year without a vote of membership. "Maximum allowable assessments" as referred to herein shall be calculated by assuming a cumulative 10% increase per year from and after the year 1998.
(b) From and after January 1, 1998, the maximum annual assessment may be increased by more than said ten (10%) percent only by a majority vote of those needed for a quorum of 30% of each class of members who are voting. The vote should be by certified written ballot mailed to each owner 30 days after their receipt of written notification that a vote will be taken on the proposed increase in assessment.
ARTICLE VI ENFORCEMENT PROVISIONS
Section 1. Creation of Lien for Assessments.
(a) Assessments, including any increases in same due to interest, late charges, costs, fines, damages and attorney fees, shall be a charge upon each Lot and a continuing lien thereon until paid. The lien will become effective from and after recording a Claim of Lien in the Public Records of Brevard County, Florida, stating the Lot description, the name of the record Owner, the amount due, and the due date. The lien will remain in effect until all sums due to the Association have been fully paid and the Association is hereby authorized to take any and all actions provided in law or equity to collect such sums. Any payment received by the Association from that payor shall first be applied to any interest accrued, any outstanding penalties and costs, reasonable attorney's fees incurred in collection, and then to the outstanding assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation or instruction placed on or accompanying a payment.
(b) All Lots shall be sold subject to the terms and provisions of the continuing lien described in this paragraph. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific Lot have been paid. A properly executed Certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 2. Effect of Non-Payment of Assessment: Remedies of the Association.
Any assessment not paid within 30 days after the due date shall accrue an administrative late charge of $25.00 or 5% of the amount due, whichever is greater, plus interest beginning 30 days from the due date at the rate of 12% per annum until paid. The Association may bring an action against the Owner of the Lot personally for payment of the assessment and may enforce its lien for the assessment by foreclosure or any other means available under the law. The Association may waive payment of late charges and interest on any assessment, but may not waive payment of the assessment. In an action to enforce collection of any assessments, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including attorney's fees, including those incurred prior to litigation, and costs on appeal.
Section 3. Violation and Enforcement of Restriction and Covenants.
(a) The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action for enforcement brought hereunder, the prevailing party shall be entitled to reasonable attorneys fees including attorneys fees through appellate proceedings.
(b) Upon learning of a violation, the Association shall issue the Owner a written notice either by certified return receipt mail or posting on the property requesting the Owner to cure the violation and advising the Owner that a fine will begin to accrue if the violation is not cured within 30 days of receipt of the notice and that the Owner's Lot may be subject to a lien for such fine together with any costs expended by the Association for notice, investigation, attorney's fees and costs, and curative actions, the Association may take, including but not limited to demolition and/or storage costs for any construction or items placed on a Lot in violation of this Declaration.
(c) Should the violation not be cured within said 30 days of receipt of said written violation, a fine shall automatically begin to accrue and continue until the violation is cured. The amount of the fine at the time of filing this Declaration is $50.00 per day, but said amount may be increased from time to time by the Board of Directors without vote of the Association or amendment of this Declaration.
(d) The Association shall have the authority but is not obligated to cure any violation through whatever action it deems reasonable and the expenses thereof shall be chargeable to the Owner of the Lot or Lots on which or in connection with the violation has occurred. Said expense shall be payable forthwith and upon demand. In the event the Association has expended funds in connection with curing such violation, then and in such event the funds so expended shall become an assessment upon the Lot or Lots enforceable as provided herein for unpaid assessments.
Section 4. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot shall not affect any assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE VII RIGHTS RESERVED BY DEVELOPER
Section 1. Eminent Domain.
Section 2. Easements for Utilities.
The Developer reserves a perpetual easement on, over and under all easements within the Subdivision and Common Areas shown on the subdivision plat for construction and maintenance of electric and telephone poles, wires, cables, conduits, water mains, drainage lines or drainage ditches, sewers, irrigations lines, roadways, natural gas, cable television, and other conveniences or utilities. To the extent permitted by law, the Developer may grant an exclusive easement over each Lot for the installation and maintenance of radio and television cables within the Subdivision. The Owners of Lots subject to the easements reserved in this paragraph shall acquire no right or interest in utility or cable television equipment placed on, over or under the portions of the Subdivision which are subject to said easements. All easements reserved by Developer are and shall remain private easements and the sole and exclusive property of the Developer, to be held or else conveyed in Developer's discretion to utility companies, the Association, or appropriate government agency.
Section 3. Commercial Property Easement for Access.
The commercial property on the north side of Windsor Road has an easement providing unrestricted access to Windsor Road all along its southern property line. This easement is recorded in O.R. Book 3429, Page 2162, on the public records of Brevard County, Florida.
Section 4. Drainage.
Drainage flow shall not be obstructed or diverted from drainage easements. Developer may but shall not be required to cut drain ways for surface water drainage and other utility repairs wherever and whenever necessary to maintain reasonable standards of health, safety and appearance; provided, however, any maintenance, clearing, grading or cutting of drain ways must be permitted or as approved by the St. Johns River Water Management District and Brevard County pursuant to a permit modification. Except as provided in this Section, existing drainage shall not be altered so as to divert the flow of water onto an adjacent Lot or into sanitary sewer lines.
Section 5. Maintenance Easement.
The Developer and the Association reserves an easement within all designated drainage and utility easements in, on, over, and upon each Lot for the sole purpose of preserving, maintaining or improving the Common Areas.
Section 6. Developer Rights Regarding Temporary Structures, Etc.
Developer reserves the right to erect and maintain temporary dwelling, model houses, and/or other structures upon Lots owned by Developer or Developer's assignee and to erect and maintain such commercial and display signs and devices as Developer, in its sole discretion, deems advisable. Developer reserves the right to do all acts necessary in connection with the construction of such improvements on the Lots. Nothing contained in these covenants and restrictions shall be construed to restrict the foregoing rights of the Developer.
Section 7. Further Restrictions, Conditions and Dedications.
Developer reserves the right to impose further restrictions and to grant or dedicate additional easements and rights-of-way on any Lot in the Subdivision owned by Developer and on the Common Areas, so long as the easements granted by Developer shall not materially or adversely affect any improvements or unreasonably interfere with use of the Common Areas.
ARTICLE VIII GENERAL PROVISIONS
Section 1. Severability and Interpretation.
Invalidation of any of these covenants or restrictions by judgment or court order shall in no way effect any other provisions hereof, which shall remain in full force and effect. Should any conflict in interpretation arise between the provisions of this Declaration and of the Articles of Incorporation, the provisions of this Declaration shall prevail.
Section 2. Duration, Modification and Amendment.
Except as the same may be changed, modified or amended as provided for hereafter, the covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date of this Declaration is recorded, at which time they shall be automatically extended for two (2) successive periods of ten (10) years, unless modified or terminated by a duly recorded written instrument executed in conformance with the requirements described below.
So long as Declarant owns one or more Lots within the Subdivision, the Declarant may, in its sole discretion and without any notice to or vote by other Lot Owners, change, modify or amend any provision of this Declaration in whole or in part by executing a written instrument making such changes and having the same duly recorded in the Public Records of Brevard County, Florida.
At any time after the Declarant no longer owns any Lot or Lots within the Subdivision, the covenants, agreements, conditions, reservations, restrictions, and charges created and established herein may be waived, abandoned, terminated, modified, altered, or changed upon notice to all members of the Association and with the approval of two-thirds (2/3) of the total membership vote. Such action may be taken at any annual or special meeting of the Association or by certified written ballot, so long as written notice of such proposed action or amendment is given 30 days prior to the meeting or scheduled vote. Any such proposed action must be initiated in the same manner as amendments to the By-Laws of the Association. No such waiver, abandonment, termination, modification or alteration shall become effective until a properly executed instrument in writing shall be recorded in the Public Records of Brevard County, Florida.
The foregoing notwithstanding, any amendments to the covenants and restrictions which alter the surface water or stormwater management system, beyond maintenance in its original condition, including the water management portion of the Common Areas, must have the prior approval of the St. Johns River Water Management District.
Section 3. Federal Housing Administration (FHA) or Veterans Administration (VA) Approvals.
So long as there is a Class B membership the following actions shall require the prior approval of the FHA or VA agencies: annexation of additional properties outside the boundaries of the Subdivision, dedication of Common Areas to other than the Association, encumbrance of a Common Area, or amendment of this Declaration of the Articles of Incorporation of the Association, provided such approval is not unreasonably withheld by the FHA or VA.
Section 4. Mortgage or Conveyance of Common Areas.
In addition to any approvals required of the St. Johns River Water Management District, the FHA or VA, any mortgage or conveyance of a Common Area or any portion thereof with the exception of Tract "E" shall require the approval of at least 50% of the total membership vote.
Section 5. Future Development Within the Project.
The Declarant reserves to itself the sole and absolute right to determine the timing, method of ownership, and manner of development of any and all phases of the Subdivision and the addition of other property to the Subdivision. In no event shall any provision of this Declaration be construed as imposing upon the Declarant any obligation whatsoever to submit to the jurisdiction of the Association or vote of the members or provisions of this Declaration any additional property, improvements or lots other than those herein described. No consent of the Lot Owners shall be required to add any lands, improvements or portions of additional property to the jurisdiction or ownership of the Association or to subject the same to provisions of this Declaration.
Section 6. Expandable Association.
(a) Upon the recordation of this Declaration of Covenants and Restrictions for Windsor Estates Subdivision, the Association shall have as members all Owners of Lots in that portion of the Subdivision to which this Declaration has been made applicable, and said portion shall be subject to the jurisdiction of the said Association, the provisions of this Declaration of Covenants and Restrictions, and the terms of the Articles of Incorporation and By-Laws of the Association, as amended from time to time.
(b) If the Declarant elects to submit additional phases of the Subdivision to this Declaration and to the jurisdiction of the Association, the owners of lots included therein shall also be Members of the Association, and shall enjoy the use of and contribute toward the costs of maintenance, repair and operation of the Common Areas on an equal basis with all other Owners.
(c) Any additions of portions of the Subdivision which Declarant elects to submit to this Declaration shall be made by filing of record a supplementary declaration of covenants and restrictions with respect to the additional property, which if applicable shall extend these covenants and restrictions to such property, and provided if applicable that the FHA and VA have determined that the annexation is in accord with the general plan heretofore approved by them.
(d) Such supplementary declaration may contain such complementary additions, deletions, changes to this Declaration as may be required to reflect the different character, if any, of the added properties. In no event, however, shall such supplementary declaration revoke, or otherwise modify the covenants and restrictions established by this Declaration upon the existing subject properties unless properly amended in accordance with the amendment procedures set forth herein.
Section 7. Notices.
Any notice required to be sent to any person pursuant to any provision of these Covenants shall be effective if such notice has been deposited in the United States Mail, postage prepaid, addressed to the person for whom it is intended at his/her last known place of residence, or to such other address as may be furnished to the secretary of the Association. The effective date of the notice shall be the date of mailing.
Section 8. No Waiver.
The failure of the Association or Developer to enforce any right, provision, covenant or condition which may be granted by this Declaration or the governing documents shall not constitute a waiver of the right of the Association or Developer to enforce such right, provision, covenant or condition in the future.
Section 9. Conflict.
This Declaration shall take precedence over conflicting provisions in the Article of Incorporation and By-Laws of the Association and the Article of Incorporation shall take precedence over the By-Laws.
Section 10. Governing Law/Venue.
The construction, validity and enforcement of this Declaration shall be determined in accordance with the laws of the State of Florida and the exclusive venue for enforcement of this Declaration shall be Brevard County, Florida.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of the date first set forth hereinabove.
Signed, sealed and delivered in the presence of: WINDSOR DEVELOPMENT COMPANY, INC.
__________________ _________ BY: _____________________ ____ Witness Roy Pence, President
________________________ ___ Witness
STATE OF FLORIDA COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgments, personally appeared ROY PENCE, as President of WINDSOR DEVELOPMENT COMPANY, INC., a Florida Corporation, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. The said person was not under oath.
WITNESS my hand and official seal this __ _ day of __________________, 1995.
________________________________ Notary My Commission Expires:
Article II Section 2(a) and (d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots. The following Standards have been established for:
AWNINGS
Awnings will be located in the rear of the residence only. They shall be retractable and for functional usage rather than decorative. The color of the fabric shall match the house body color or roof. Fabric must have a minimum of a five (5) year warranty. Installations are only allowed on the first story with no metal, aluminum or fiberglass awnings permitted.
All plans and applicable permits, actual design (pictures), material and locations must be first submitted to the ARC for approval.
FOUNTAINS/PONDS
Fountains/ponds are permitted if located at the rear or side of the dwelling, so as not to be visible from any street. As to any Lot which adjoins a lake or retention area, no fountains/ponds are permitted.
All plans and applicable permits, actual design (pictures), material and location must first be submitted to the ARC for approval.
SCREENED ENCLOSURES (FRONT & GARAGE DOOR) No front screen enclosures or garage door screens are permitted.
FLAGPOLES PERMITTED
1. One permanent or temporary sloping flagpole with a maximum length of 6-feet affixed to the front of the residence only. Mounting bracket height will be between 6-10 feet. The maximum flag size will be 3x5 feet. And or
2. One vertical permanent flagpole maybe be installed in the front yard of the residence only. It will be a maximum of 22 feet in height set from the sidewalk grade. The set back will be a minimum of 25 feet from the front lot line of the residence. The maximum flag size will be 3x5 feet.
Flags permitted: USA National Flag, any flag of any dept. of U.S. Gov’t., including military service, any flag of a nation admitted to the United Nations, and any flag of any state or territory of the USA. If one of the flags displayed is the National Flag of the USA, it shall be flown in accordance with its flag protocol. The foregoing does not apply to flags commemorating special events of limited duration, which shall be removed at the conclusion of the event.
Any flag not on an approved pole is not permitted.
ADOPTED:
Architectural Review/Control Committee
Dated: Revised 4/15/03
Board of Directors
signature on file
Joseph DeMeo
President - WEHOA
Windsor Estates Homeowners Architectural Standard
Article II Section 2(a) and (d) state in part that the ARC Committee shall have the right, in its sole discretion based on these covenants and restrictions, to approve or disapprove, any lot improvements, including but not limited to building, fence, wall, screen enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping devise or object, yard decorations, or other improvements, whether it is new construction or additions, modifications or alterations to Lots. The following Standard has been established for:
HURRICANE SHUTTERS Permanent Installation – Not capable of being stored separately. May only be closed during the period of May 1st to November 30th.
1) Roller Shutters. The box and frame of exterior mounted shutters must match the color of surrounding window trim or white 2) Accordion Shutters. The frame of the exterior mounted accordion shutters must match the color f the surrounding trim or white. 3) Bahamas Style Shutters. These may be of wood, PVC or metal and must be painted to match the house or window frame trim or white. They may only be installed on the rear of the house. 4) Colonial Style Shutters. These may be of wood, PVC or metal and must be painted to match the house or window frame trim or white.
Non-Permanent Installation – Capable of being stored separately. Manufactured: May only be installed no earlier than the commencement of the hurricane season (May 1st) and removed no later than the end of the hurricane season (Nov. 30th )
Manufactured shutters could be various types of materials, i.e., metal, fiberglass, Lexan and corrugated polypropylene. Mounting brackets must match the color of the surrounding window trim or white. Installation shall be in accordance with County code.
1) Unpainted metal panels may be installed during the homeowner’s absence for a period not to exceed 21 days at any given time 2) Painted Metal panels may also be installed during the homeowners’ absence from May 1st – November 30th only if they match the color of the house or window trim. 3) Clear Lexan (transparent) panels may be installed continuously from May 1st through November 30th only. 4) Opaque fiberglass or corrugated polypropylene panels may be installed for a period not to exceed 21 days at any given time.
Non-Manufactured: These panels may be installed only during storm conditions and shall be removed when the storm warnings are cancelled. 1) These may be of various types of materials, i.e., usually plywood or other non-permanent consistency. 2) Any tape that is used for added protection must also be removed when the storm warnings are cancelled.
Requests for time extensions may be granted by the Architectural Review Committee however, all requests must be in writing and will be evaluated on an individual basis.
Adopted: 07/17/01 2nd Revision: 07/16/02 3rd Revision: 03/21/06 4th Revision: 06/20/06 5th Revision: 07/15/08 Board of Directors Signature on File Cami Hester, President WEHOA Dated: 07/15/08
Article II,
Section 7 titled Exterior Covering, Siding and Paint within the Declaration of
Covenants,Conditions, and Restrictions states in
part “All paint used on the exterior body
of any residence shall be subdued in its tone. Colors should be selected to
harmonize with the natural environment of the subdivision and should be soft
and unobtrusive. They should not be loud or bright. No more than one paint
color (may be used) for the body of each residence and no more than two accent
trim colors. Paint colors must be submitted for approval prior to being
applied on any residence.”
This
standard clarifies definitions for items such as body, trim, columns,
accent, etc. as well as establishes an approved paint color book
(which further clarifies the words subdued in tone, harmonize with the natural
environment, soft and unobtrusive by preselecting the colors) allowing for
consistent and uniform approvals/disapprovals of requested paint colors.
Once an ARC request for painting has been
approved, the homeowner must complete all aspects of painting within 6 months.
Homes are subject to inspection by the ARC to ensure the work is completed as
approved.
Exterior Paint Colors
Color Book: An
Exterior Paint Color Book has been established to assist the ARC with its
approvals of Homeowners’ requests. The book contains approved base
body colors and in some cases allows up to two shade variances. The book also
contains approved trim and accent colors. The color book will provide the basis
(either exact or equivalent match) within which the ARC will approve or
disapprove paint color requests.
The
color book is available at Sherwin Williams Company, the management office, or
the monthly ARC meeting for your viewing.The paint request form is available on the WEHOA website (www.windsorestateshoa.com).
Addition
of New Colors: In
the event the ARC receives a request for a color that is not within the current
color book, the ARC may recommend to the board that it be added as an approved
color. The ARC must obtain Board approval prior to granting homeowner approval.
The Board approved color will be treated as an individual addendum to the color
book so that future requests for the same color can also be approved. The new
color would become an approved base body color without shade variances.
Base Body Coloris defined as the color used on the main body
of the house.
Trim Color is defined as the
color used on the quoins and/or architectural bands around the windows, doors,
and columns.
Columns (pillars) may be
painted the base body color, white or a color that is within a “limited color
range” of whites (i.e. cream, ivory).Architectural bands on columns may be painted the trim color.
Garage Doors may be painted the
base body color, white, or a limited color range of whites (i.e. cream,
ivory).They may not be painted an
accent color.
Accent Color is defined as a
third color, which may be used for the front door or decorative shutters only.
Decorative Shutters are shutters that
are placed on the sides of windows.They
may be painted the basebody color, white, an
accent color or the trim color.
Front Doors:They may be stained or painted with a
satin/semi-gloss finish.They may be
white, the base bodycolor, the trim color, an
accent color, or stained a natural wood color.
Landscape Curbing
Landscape
Curbing may be natural concrete, white, or a subdued
earth tone that harmonizes with the landscaping design.Curbing may not be painted, stained or dyed
an accent color or trim color as defined under columns and garage doors above.The one selected color must be used on all
curbing.The
area inside the landscape curbing shall be considered a bed.Please refer to the Windsor Estates Color
Book for all colors.
signature on file…………………………………………………………
Dated: 5/21/02
Joseph Jenne
President – WEHOA
Revised…………………………………………………………………..Dated:11/16/04
Board of Directors
Signature on file
Neil Sugarman
President - WEHOA
Revised…………………………………………………………………..Dated:
10/09/07
Board of Directors
Signature
on file
Cami Hester
President - WEHOA
Revised…………………………………………………………………..Dated: 3/25/09
Board of Directors
Signature
on file
Joe Jenne
President - WEHOA
Windsor Estates Homeowners Architectural Standard Maintenance & Repair of Driveways, Driveway Apron and Sidewalk ART. III, Section 6 Maintenance and Repair states in part all improvements placed or maintained on a lot shall at all time be maintained in good condition and repair. In trying to maintain a consistent and uniform appearance throughout the subdivision, a Standard for the maintenance and repair of driveway, walkway, driveway apron and sidewalk has been established.Please note that the painting of driveways is prohibited under Amendment III, dated 11/28/98. REPAIR:Upon written request and approval by ARC, the repairing, staining and/or sealing of the driveway and walkway leading up to the front door from the driveway as well as the common area which includes the driveway apron and the sidewalk portion of the driveway, will be permitted in order to maintain the concrete pad. To ensure a non slip surface on the common area a non slip/non skid product must be added. STAMPED DRIVEWAY PATTERNS:Upon written request and approval by ARC, stamping of the driveway and walkway leading up to the front door from the driveway, will be permitted when repairing the driveway.The common area sidewalk and apron are not included and are not to be altered in any way.There are four different designs or patterns accepted by the ARC – Basketweave, Herringbone, T Pattern and Random. Any request for stamping, staining and/or sealing of driveway must be accompanied with the brochure of the company whose product is being used. The only stain/sealer that will be approved is a clear, natural concrete color or Gull Gray. See Management Company for reference colors. Adopted: Board of Directors Dated: 6/17/2003 1st REVISION DATED: 1/18/2005 2nd REVISION DATED: 3/21/2006 3rd REVISION DATED: 11/21/2006 4th REVISION DATED: 8/21/2007 Signature on File Cami Hester, President WEHOA Dated: 8/21/2007
Sign Standard
Article III Section 17 States:
Except for signs permitted by the Declarant and except for signs utilized by the Developer and Builders to advertise the sale of lots or dwelling units for sale and except as otherwise permitted by the Homeowners Association's Board of Directors, no sign of any character shall be displayed or placed upon any Lot or living unit except "for rent" or "for sale" signs, which signs may refer only to the particular premises on which displayed. Said signs shall not exceed the normal and customary standard size for the local Real Estate Industry, shall not extend more than four (4) feet above the ground, and shall be limited to one (1) sign per Lot or living unit, and displayed only upon the Lot sought to be rented or sold. No signs may be attached in any manner to a tree.
In addition, signs will be permitted in the common areas under the following conditions:
No signs are authorized on the common areas with the exception of two (2) open house signs, each to be no larger than 2’ X 2’, in which one (1) sign could be placed in front of the entry gate on the common area next to the call box and one (1) sign could be placed in front of the entry gate on the common area in line with the call box on the right side of the road. The signs would be permitted to remain in the common area on Thursday’s and Sunday’s for the hours of the open house only and not to exceed four (4) hours total each day with the open house gate code listed for access.
Adopted:Board of Directors
Dated: May 20, 2003
Revised December 16, 2003
Signature on file Joseph DeMeo
President WEHOA
Windsor Estates Homeowners Architectural Standard Article II Section 2(a) States, No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee. And Article II Section 2(d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots.The following Standards have been established for:
SHEDS or STORAGE BINS
For the purpose of this standard, shed refers to sheds or storage bins. Sheds located on non-lake adjoining properties shall be less than 7 feet tall and no more than 50 square feet in size and located either behind the residence or behind an approved 6 foot high fence, so as not to be entirely visible from any street, including side streets in case of a corner lotor any adjoining property. Sheds located on any lot which adjoins a lake shall be located against the back of the residence, shall be less than 5 feet tall and no more than 12 square feet in size and shall have landscaping so as not to be visible from any other property. No more than one shed can be placed on any property and shed doors must remain closed when not in use. All sheds must be of either a resin or wood type construction.For resin type sheds the body and roof must be a neutral color. All sheds that are not of resin material must meet all of the following criteria in order to be approved by the ARC. The shed must have T-111 siding or lap siding over plywood; corner, window (if installed), door, and edge trim molding; a maximum of 2 windows between 3 and 8 square feet in size; decorative window shutters (if installed); minimum of 6 inches of roof overhang; a foundation made of 2x10 pressure treated lumber; a 1:4 pitched gable roof; landscaped bed around 50% of exterior walls; and lockable doors. All siding, trim, soffit, door, and shingle colors must match the residence. For consistency, all shed designs and proposed locations shall be subject to ARC approval. It is the Homeowners responsibility to obtain any permits necessary to comply with BrevardCounty Ordinances and these permits, if required, must be submitted to the ARC for approval prior to the shed being placed on the property. ADOPTED: Architectural Review/Control Committee Dated: 11/18/03 Revised: 9/21/04 Board of Directors Signature on File Neil Sugarman President Dated: 9/21/04 Revised: 3/31/08 Board of Directors Signature on File Cami Hester,President Dated: 3/31/08
FENCE MAINTENANCE
Art. III, Section 6, Maintenance and Repair states all
improvements placed or maintained on a lot shall at all times be maintained in
good condition and repair.
In
order to maintain a consistent and uniform appearance throughout the
subdivision, a Standard for the maintenance and repair of fences has been
established.
1)Clean and restore fence to natural wood
a.There are many specialty
cleaners on the market to help remove stains and mildew
2)If you choose to use a wood protecting agent, it must be either a clear
product or Behr DP318 Sable (semi) or Behr DP530 Woodbridge (semi) only.A sample of the Sable and Woodbridge stain is available through the
ARC.
If
replacement of fence is needed please refer to ART. III, Section 10 (e) and the
Third amendment to the Declarations, Conditions and Restrictions.
Adopted:
Architectural
Review/Control Committee
Dated:
12/16/2003
Board of Directors
Dated: 12/16/2003
Revised:
11/15/2005
Revised:
8/26/08
Cami
Hester, President WEHOA
PLAYSETS/SWINGSETS
Article III Section 26 States, All games and play apparatus remaining outdoors for more than three days shall be located at the rear or side of the dwelling, so as not to be visible from ay street. And Article II Section 2(d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots. The following Standard has been established for:
PLAYSETS/SWINGSETS
All games and play apparatus remaining outdoors for more than three days shall be located at the rear or side of the dwelling, so as not to be visible from any street.
The criteria for checking the location will be to stand across the street facing the front of the residence, if two parallel lines were drawn from the sides of the house back to the rear of the property line, the above mentioned items must fall within those two parallel lines. The exemption to this would be if the games and play apparatus were not visible from the street due to an approved fence or shrubbery that blocks such view.
ART. II, Section 12 Street Address Numbers and Mailboxes states that they shall be uniform to types, color and design.Location, color, size and type of mailboxes and street address numbers shall be determined by the Declarant.The following Standard has been established for: MAILBOXES, MAILBOX POST, NUMBERING AND AREA SURROUNDING MAILBOX POSTS The maintenance of mailbox, post and numbering originally provided by the developer as well as the numbering on the side of the mailbox is the sole responsibility of the homeowner. The mailbox shall be free of rust and the post shall be free of corrosion.Black is the only accepted color for all metal surfaces. Numbering on the front and center of the box shall be gold in color and in the same size (1 Ľ”) as originally provided by the developer.The property manager will provide the name of the vendor that can provide the homeowner with duplicate numbers. Numbering on the lower left corner of the flag side of the box shall be gold in color and in the same size (2”) as originally provided by the Homeowners Association.The property manager will provide the name of the vendor that can provide the homeowner with duplicate numbers. No plants shall be hanging from the mailbox or mailbox post.Planted flowers at the base of the mailbox post shall not exceed the height of the bottom of the mailbox. Any landscaping around the base of the post shall not exceed 8” from any side of the base of the post.Accepted landscaping materials include mulch, rock or natural concrete pavers. Adopted: Board of Directors Dated:8/17/04 1st Revision Dated: 3/21/2006 Signature on File William Hall, President WEHOA Dated 3/21/2006 2nd Revision Dated: 9/18/07 Signature on File Cami Hester, President WEHOA Dated 9/18/2007
Permanent Backup Generator
Article II Section 2(a) States,No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee. And Article II Section 2(d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots.The following Standards have been established for:
Permanent Backup Generator
A permanent backup generator is only to be used in case of power failure and/or emergency situations.The generator can only be located on the side of the residence with a 10 foot setback from the front building line OR in the rear of the residence only. All permanent backup generators shall have landscaping around it as to be unobtrusive as possible.Landscaping shall include a minimum 4 foot maximum 6 foot ARC approved fence OR approved shrubbery.Generators shall not be visible from any street. (Including side-street in case of a corner lot or adjoining lot).Permanent generators may only be tested 1 time per week for a maximum of 1 hour during the time period of 9 a.m. and 4 p.m. Permanent generators will only be accepted with 75.5 dB or less at rated load at a distance of 7 meters.
Information required for ARC approval:
Manufacturers brochure with all specifications.
Copy of plot plan with indication of the location for the generator.
All plans and applicable permits, actual design (pictures), material, location, landscaping & fencing must first be submitted to the ARC for approval.
Copy of all necessary Brevard County permits as soon as they are available.
Article II Section 2(a) States, No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee. And Article II Section 2(d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots. The following Standards have been established for:
Swimming Pool Safety Barriers/Fencing
Article III Section 23 Swimming Pools states in part: Access to a pool from the boundaries from the Lot must be controlled from all directions by fencing and the residential structure. If pools are protected by screens, such screens and their structures shall be approved by the Committee.
To further clarify, pools may be protected by full screen enclosures or by one of the two approved styles of safety barrier/fencing. The first style is an ornamental aluminum safety barrier/fencing similar to Ideal Company “Floridian #303” and the second style is an ornamental vinyl barrier/fencing similar to Maximum Company “Closed Top Ornamental Picket”.
All swimming pool safety barriers/fencing must meet or exceed the Brevard County Code for such structures. They will be located/placed/secured on the existing concrete pool deck only with the maximum height from the concrete to the top rail of 62 inches. The only acceptable colors are black, bronze/brown or white.
All plans and applicable permits, actual design (pictures), material and location must first be submitted to the ARC for approval, they are:
Manufacturers brochure with all specifications and color choice.
Copy of plot plan with the location of the pool and indication of placement of the safety barrier/fencing.
Copy of all necessary Brevard County permits to be added to homeowners file as soon as they are available.
Joe DeMeo, President Board of Directors Dated: 9/20/05
IDEAL Aluminum Products Maximum Vinyl Products
Windsor Estates Homeowners Architectural Standard DRIVEWAY PAVERS
Article II Section 2(a) States, No dwelling, building or structure of any kind shall be constructed, erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee. And Article II Section 2(d) states that the ARC Committee shall have the right, in its sole direction based on these covenants and restrictions, to approve or disapprove, any lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar device, posts, antennas, fountains, decorative building features, landscaping plans, landscaping device or object, yard decorations, or other improvements, whether as new construction or additions, modifications or alterations to Lots.
The following Standards have been established for replacing driveway with pavers.
The definition of the driveway as it relates to this standard shall include the homeowner’s portion from the garage up to the common area of the sidewalk and common area driveway apron. Any portion of the sidewalk and/or driveway apron is not included in this definition and may not be altered in any way.
In order to maintain a consistent appearance throughout the neighborhood, residents may choose between a natural concrete, neutral or earth-tone color pavers as well as one of the three different designs or patterns accepted by the ARC. (Basketweave, Herringbone, T Pattern, Random). House body, trim, accent or shingle color may NOT be used as a paver color.
Driveways with pavers, at a minimum, must meet the requirements of the Brevard County standards. All edges of the driveway shall have a concrete footer. There will be a minimum of 6-8” of road base as well as 2” of compaction material or screening below the pavers. Only pavers that are 2 3/8” thick can be used on the driveway. All driveways done with pavers shall be weed free, without sink holes and must be flush with the sidewalk.
Any request for replacing driveway (as defined above) with pavers must be in writing and accompanied with color samples or pictures with design or pattern of the pavers that are intended to be used. The driveway (as defined above) may be replaced with pavers only after written request is approved by the ARC.
Adopted: Architectural Review/Control Committee Dated: 6/21/2005 Board of Directors Dated: 6/21/2005 1st REVISION DATED: 3/21/2006 Signature on FileWilliam Hall, President WEHOA Dated: 3/21/2006
COMMON AREA RULES, REGULATIONS & RESTRICTIONS
DEFINITION
Common areas are those areas including the recreation area, streets, sidewalks, lakes, playground, tennis court, basketball court and immediate surrounding areas and common entrance.
LIABILITY
The Association assumes no responsibility or liability for the use of the common area by owners and their guests.
Homeowners are financially responsible for damage done to common areas or recreational facilities by any family member or guest.This includes but is not limited to play equipment, fencing, roofs, drywells (street drains), entry gate system including the two gates, the residence directory, the pedestrian gate, the perimeter fencing, and any other surface or object considered as “common area”.
USE OF COMMON AREAS
The common area facilities are designed for the exclusive use of Windsor Estates residents and accompanied guests.Unauthorized individuals may be asked to leave the premises.
Any common sidewalks, driveways, or passageways shall not be obstructed.Trees hanging over any common sidewalks, driveways, or passageways shall be trimmed up to 7 feet above ground level.
No skateboards, skates, roller blades, scooters or bicycles are permitted on the basketball or tennis court.
No barbecuing or picnicking in common areas without the prior written approval of the Board of Directors.
Homeowners are responsible for any common area damage caused by them, or a member of their household, guests, or pets.
The recreational areas are closed for use after sunset.
Removing fish from the lakes is prohibited, CATCH AND RELEASE ONLY.
CHILDREN/MINORS
Children five (5) years and under should be accompanied by an adult when in the recreational area.Parents and guardians shall be held responsible for the actions of their children and their guests.
PETS
Pets must be restrained on a leash or in a cage, and accompanied by an owner at all times when in the common areas.
Pet owners are responsible for the immediate removal of waste caused by their pets and may be liable for fines.
Pet owners shall not allow their pets to disturb other residents by constant or loud barking, whining or other noises, or by noxious odors.
If any pet becomes a nuisance, restrictive action will be taken.All animals shall be the exclusive responsibility of the pet owner or caretaker.Damage to shrubbery, etc., by animals will be at the expense of the pet owner or caretaker.
It has recently become news worthy that certain breeds of dogs have attacked pets, children and adults, maiming some and killing others.They have been identified as aggressive and dangerous and are known to have caused serious injury and death.Dogs prohibited from the recreation area are: Pit Bulls, Rottweilers, Doberman Pincers, German Shepherds, Chow Chows, Mastiffs, Akitas and any other dog that has displayed aggressive tendencies.
PARKING
In addition to the restrictions already listed in the Covenants and Restrictions:
Any parking on the landscaped areas throughout the entire development is absolutely prohibited at all times.
Parking in the lot adjacent to the recreation area is ONLY to be utilized while using the recreation area or for pick-up or drop-off of guests or residents.
Parking shall be in accordance with posted signs.
TENNIS/BASKETBALL COURT RULES
Only athletic court shoes may be worn on the court.
Skateboards, skates, roller blades, bicycles or scooters of any kind are not allowed on courts.
Animals are not allowed on court surfaces.
Glass containers are not allowed in the recreation area.
Players must yield the court after one hour of play if other players are waiting.
Tennis courts are to be used for the sole purpose of playing tennis and the basketball courts are to be used for the sole purpose of playing basketball.No other activities are permitted on the courts.
NOISE
No resident or guest shall cause or permit any noises to be made in the common area that interferes with the peace and quiet of other residents.Windsor Estates use the Brevard County noise abatement ordinance as a standard of reference.
POSTED TRAFFIC SIGNS
All residents and guests are required to abide by all traffic signs and markings on the streets.
LICENSED DRIVERS
No gas-powered motor vehicle of any type maybe driven or operated on the streets by anyone except licensed drivers.Additionally, operation of any motor vehicles within Windsor Estates H.O.A. must conform with all Florida (state) and Brevard (county) traffic laws and regulations.
ENFORCEMENT PROVISIONS
Enforcement of Common Area regulations will be in accordance with Article VI “Enforcement Provisions” in the Windsor Estates’ Declaration of Covenants, Conditions, and Restrictions.
