We have made the Declaration of Covenants and Restrictions for Keystone Pointe at St. Cloud, also known as “Bylaws”, available here on our web site. This online version is made available as a quick reference for homeowners. If you would like to view the orginal documents as filed with the county, you may download the PDF HOA Bylaws. *Warning the PDF file is very large (1.5MB).
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR KEYSTONE POINTE AT ST. CLOUD
THIS DECLARATION made this 8th day of January 2004, by ATC Equity & Mortgage, Inc., a Florida corporation (hereinafter called “Developer”).
WHEREAS, Developer is the owner of Keystone Pointe at St. Cloud (the “Property”), according to the Plat thereof, recorded in Plat Book 16 Page 18-20 of the Public Records of Osceola County, Florida; and
WHEREAS, Developer desires to create on said described tract a community single-family homes, roads and such other common facilities as may be specifically designated on the plat of the “Property” for the benefit and use of said community; and
WHEREAS, Developer desires to provide for the preservation and enhancement of the Property, amenities and improvements thereon, and to this end desires to subject the described real property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the property and each Owner thereof, and
WHEREAS, to achieve these purposes, Developer deems it desirable to create an entity to which shall be delegated and assigned the powers of owning, maintaining, and administering the common properties and facilities as well as enforcing and administering these covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created, along with promoting the health, safety, and welfare of all Owners and residents; and
WHEREAS, Developer has incorporated under the laws of the State of Florida the Keystone Pointe at St. Cloud Homeowners’ Association, as a not-for-profit corporation for the purpose of exercising all of the functions stated herein.
NOW, THEREFORE, the Developer declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes collectively referred to as “Covenants and Restrictions’) hereinafter set forth, which are for the purpose of protecting the value and desirability of and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I – DEFINITIONS
Section 1: “Architectural Control Committee” (“ACC’) shall mean and refer to a committee of three (3) or more representatives which the Board may, in its discretion, appoint to maintain the integrity of the Subdivision by reviewing all issues related to exterior maintenance, modifications, alterations and additions of and to Lots, Living Units and other structures. Should the Board choose to appoint an ACC, all decisions of said ACC are reviewable by the Board of Directors, in its discretion, and may be reversed, amended or rescinded as the Board may see fit.
Section 2: “Articles” shall mean the Articles of Incorporation of the Association.
Section 3: “Assessment” shall mean a share of the Common Expenses required for the payment of the Common Expenses which from time to time are assessed against the Lots and Lot owners, commencing from the time each Lot becomes assessable.
Section 4: “Association” shall mean and refer to Keystone Pointe at St. Cloud Homeowners’ Association, Inc., its successors and assigns.
Section 5: “Board” or “Board of Directors” shall mean the Board of Directors of the Association.
Section 6: `Bylaws” shall mean the Bylaws of the Association.
Section 7: “Common Area” shall mean and refer to those areas of land or open space designated as green belt areas, or that landscape or wall easement which abuts Old Canoe Creek Road conveyed to the Association, which are intended to be devoted to the common use and enjoyment of the members. “Common Area” shall also mean and refer to those properties so designated on the record plat of Keystone Pointe at St. Cloud.
Section 8: “Common Expenses” shall mean the expenses and charges described in Article 6.2 of this Declaration incurred or to be incurred by the Association and assessed or to be assessed upon the Lot and the Owners thereof.
Section 9: “Declaration” shall mean the covenants, conditions, and restrictions and all other provisions hereinafter set forth in this entire document, as the same may, from time to time, be amended.
Section 10: “Developer” shall mean and refer to ATC Equity & Mortgage, Inc., its successors or assigns, but only to the extent specifically so identified by an instrument in writing executed and recorded by Developer and excluding a Class A Owner who has purchased a Lot from the Developer.
Section 11: “Living Unit” shall mean and refer to any building located upon or within the Existing Property and Additions to Existing Property which is designed and intended for use and occupancy as a residence by a single family and which is susceptible to ownership in fee simple.
Section 12: “Lots” shall mean and be defined as a separate single family residential building site within the Subject Property as the same is subdivided and described by a number pursuant to an d in accordance with the Plat and shall include any Improvements ,from time to time constructed, erected, placed, installed or located thereon. The Developer currently plans to plat a total of two hundred twenty-four (224) Lots but is under no obligation, express or implied, to do so.
Section 13: “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Sections 1 and 2 hereof.
Section 14: “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, but excluding those having such interest merely as security for the performance of an obligation.
Section 15: “Property” shall mean and refer to Keystone Pointe at St. Cloud, according to the Plat thereof, recorded in Plat Book 16 , Page 18-20 of the Public Records of Osceola County, Florida, and all other real property which becomes subject to the Declaration.
Section 16: “Rules” shall mean and refer to the document containing the rules and regulations and policies adopted by the Board of Directors of the Association, as the same may from time to time be supplemented or amended.
Section 17: “Water Management Systems” shall mean and refer to 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, over-drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. The Water Management System shall include all common areas that are used in furtherance of proper storm water management.
ARTICLE II – OBJECTS AND PURPOSES
The covenants, conditions, restrictions, easements and reservations set forth in this Declaration are hereby imposed upon the Subject Property for the following objects and purposes:
(a) To establish Keystone Pointe at St. Cloud as a premier single family residential community in Central Florida;
(b) To create, develop, foster, maintain, preserve and protect within Keystone Pointe at St. Cloud a unique, pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life for all residents of and visitors to Keystone Pointe at St. Cloud;
(c) To ensure that the development of Keystone Pointe at St. Cloud will proceed pursuant to a uniform plan of development with consistently high architectural, environmental, ecological and aesthetic standards;
(d) To ensure the proper and appropriate subdivision, development, improvement, occupation, use and enjoyment of each Lot, piece, parcel or tract of land within Keystone Pointe at St. Cloud;
(e) To protect each Lot, piece, parcel or tract of land within Keystone Pointe at St. Cloud against the improper, undesirable, unattractive, or inappropriate subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or neighboring Lots, pieces, parcels or tracts of land;
(f) To encourage the development, construction, maintenance and preservation of architecturally and aesthetically attractive and harmonious Improvements appropriately designed for, and properly located on, each Lot, piece, parcel or tract of land within Keystone Pointe at St. Cloud;
(g) To guard against the development and construction of improper, undesirable, unattractive or inappropriate Improvements and the use of improper, undesirable, unsuitable or unsightly materials;
(h) To provide for the future ownership, management, administration, improvement, care, maintenance, use, regulation, preservation and protection of all Common Property within Keystone Pointe at St. Cloud and to provide for and assure the availability of the funds required therefor;
(i) To provide for the establishment, maintenance, preservation, protection and enhancement of consistently high property values within Keystone Pointe at St. Cloud;
(j) To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other governmental requirements;
(k) To provide Developer with effective control over the development, management, administration, care, maintenance, use, appearance, marketing and sale of, and the construction of Improvements upon, the Subject Property for so long as Developer shall own portions of the Subject Property; and
(l) In general, to provide for the development, creation, operation and preservation upon the Subject Property of an exclusive single family community of the highest quality and order and to establish through this Declaration a procedure to ensure accomplishment of the foregoing objectives and purposes.
ARTICLE III – PROPERTY SUBJECT TO THIS DECLARATION
ADDITIONS AND LIMITATIONS
Section 1: Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the County of Osceola, State of Florida, as more particularly described above.
Section 2: Additions to Existing Property. Additional land may become subject to this Declaration by recordation of supplemental declarations containing essentially the same substance as the instant Declaration in the sole discretion of Developer. Any supplemental Declarations of Covenants and Restrictions shall interlock all rights of members to the Association to the end that all rights resulting to members of the Association shall be uniform as between all units of Keystone Pointe at St. Cloud.
Such Supplementary Declaration may contain such complementary additions and modification of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties so long as such additions and modifications are consistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property.
Section 3: General Provisions Regarding Additional Property. No addition shall revoke or diminish the rights of the Owners of the Properties to the utilization of the Common Properties as established hereunder except to grant to the Owners of the properties being added the right to use the Common Areas as established hereunder and the right to proportionately change voting rights and assessments, as hereinafter provided.
Section 4: Mergers. Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, the surviving or consolidated association may administer the covenants and restrictions established by this Declaration with the Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Property except as hereinafter provided.
ARTICLE IV – MEMBERSHIP AND VOTING RIGHTS
Section 1: Members. Every Owner of a Lot which is subject by covenant of record to assessment by the Association shall be a mandatory member of the Association. Membership shall be appurtenant to, and may not be separated from, the ownership of any Lot. Transfer of Lot ownership, either voluntarily or by operation of law, shall terminate membership in the Association and said membership shall be vested in the transferee.
Section 2: Membership Classification and Voting Rights. The Association shall have two (2) classes of voting membership:
A. Class A – Class A members shall be all Owners of Lots with the exception of Developer Class A members shall be entitled to one (1) vote for each Lot owned. If a Lot is owned by more than one person, the Owners of said Lot shall designate one of them as the Voting Member, or in the case of a corporate Owner, an officer or an employee thereof shall be the Voting Member. Designation of the Voting Member shall be made as provided by and subject to the provisions and restrictions set forth in the Bylaws of the Association. In no event shall more than one (1) vote be cast with respect to any Lot. Unless otherwise specifically defined herein, any reference in this Declaration to the vote or consent of members shall mean the required number or percentage of Lots and not the required number or percentage of members. There shall be no cumulative voting.
B. Class B – The Class B member shall be the Developer. The Class B member shall be entitled to five (5) votes for each platted Lot owned by it, regardless of whether said Lot is assessable under Article V, Section 1, B, of this Declaration. The Class B membership and its voting rights as set forth herein shall cease and be converted to Class A membership on the happening of either of the following events, whichever shall first occur:
(a) when 75% of planned Lots have been deeded to homeowners other than the Developer or builders; or
(b) on January 1, 2010; or
(c) at any time prior to that date at the election of the Developer.
At such time as Developer’s Class B membership is converted to Class A membership in accordance with the provisions above, Developer shall be entitled to one (1) vote for each Lot owned.
ARTICLE V – COMMON AREA
Section 1: Obligations of the Association. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management, maintenance, repair, replacement and control of the Common Area and all improvements thereon (including furnishings and equipment related thereto), and the Association shall keep the same in good, clean, attractive order and repair. The Association shall also be responsible for maintaining all landscaped portions of the common area including trees, hedges, shrubbery, fences, and walls installed by the Developer. Additionally, the Association shall be responsible for maintenance of all easements as may be designated on the property.
Section 2: Owners’ Easement of Enjoyment. Subject to the provisions herein, every Owner shall have a right and easement of enjoyment in the Common Areas, which easement shall be appurtenant to and shall pass with the title to every Lot.
Section 3: Extent of Owners’ Easements. The Owners’ easement of enjoyment created hereby shall be subject to the following.
A. With respect to all other property comprising the Common Area, the Owners’ easements of enjoyment shall be subject to the rights of the Association as follows:
(a) To establish reasonable rules for usage of Common Area facilities;
(b) To suspend the right of an Owner to use the Common Area, including any recreational area facilities, for any period during which any assessment levied against his Lot remains unpaid for more than thirty (30) days after notice, and for a period not to exceed sixty (60) days for any infraction of the Rules. Suspension of common-area-use rights shall not impair the right of an Owner or tenant of a Lot to have vehicular and pedestrian ingress to and egress from the Lot;
(c) To mortgage any or all of said Common Areas or facilities for the purposes of improvement or repair pursuant to approval of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a regular meeting of the Association or at a meeting duly called for such special purpose;
(d) To convey any or all of said Common Area to the State, County, or public agency pursuant to a lawful taking by eminent domain;
(e) To levy assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration, and with the restrictions on the plats or portions of the Property from time to time recorded by Developer;
(f) To charge reasonable admission and other fees for the use of any recreational facility, including the boat dock and vehicle storage lot, situated on the Common Area;
(g) To adopt and enforce, from time to time, rules and regulations governing the use of the Common Area and all facilities at any time situated thereon, including the right to fine Members as provided in Article X, Section 4 hereof. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration.
Section 4: Delegation of Use. Any Owner may delegate his rights of enjoyment to the Common Area and facilities located thereon to the members of his family, his guests and lessees, subject to such general regulations as may be established from time to time by the Association, and included within the Rules, but may not transfer said rights apart from the Lot.
Section 5: Damage or Destruction of Common Area by Owner. In the event any portion of the Common Area or facilities is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents, or members of his family, such Owner does hereby authorize the Association to repair said damaged area. The Association shall repair such damaged area in a good and workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association. At the discretion of the Association, the amount necessary for such repair shall become a special assessment upon the Lot of the said Owner, and as a special assessment shall fall under the collection provisions outlined in Article VI, Section 10.
Section 6: Association Not Liable. Notwithstanding any other provision of this Declaration to the contrary, the Association is not liable for any damages to Members, their families or guests due to loss, theft or damage to any items of personal property or for personal injuries or wrongful death resulting from their use of Common Areas or other Association facilities or property. It is the responsibility of the Members to inform their families and guests of this limitation on liability and that all Association property and facilities are to be used at their own risk.
Section 7: Title to Common Area. The Developer may retain legal title to the Common Area or any portion thereof until such time as it has completed improvements to the Property. Notwithstanding any provision contained herein to the contrary, the Developer hereby covenants that it shall convey the Common Area to the Association, free and clear of all liens and financial encumbrances, not later than upon the termination of the Class B membership. While title to all or a portion of the Common Area is retained by the Developer, the Owners shall have all of the rights and obligations imposed by the Declaration with respect to the Common Area.
ARTICLE VI – COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1: Creation of Lien and Personal Obligation for Assessments.
A. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the Association the following:
(a) Annual general assessments and charges;
(b) Special assessments for required Association maintenance, capital improvements, or repairs;
(c) Individual assessments;
Each such assessment, together with late charges, interest and costs of collection thereof, including attorneys’ fees, shall also be the personal obligation of the owner(s) of such Lot who was the Owner(s) of such Lot at the time the assessment became due and payable.
B. Subject to the alternate provisions available to the Developer in Section 9 of this Article, and notwithstanding any of the provisions of this Declaration, the Articles of Incorporation or the Bylaws to the contrary, the Developer shall be obligated to pay assessments only with respect to Lots upon which it has completed construction of a single-family residence as evidenced by the issuance of a Certificate of Occupancy, and to which it retains title for a period of six (6) months after the issuance of said Certificate of Occupancy. For any such Lot owned by the Developer, the Developer shall be entitled, if it so elects, to provide services and/or materials and receive credits for the value of same toward any assessments due from it rather than mating such contributions as might be due from it in cash.
Section 2: Common Expenses. The Common Expenses for which Assessments shall be established, made, levied, imposed, enforced and collected by the Association pursuant to this Declaration shall be all costs and expenses incurred by the Association in the discharge and performance of the duties and obligations of the Association pursuant to this Declaration and the Articles of Incorporation and Bylaws of the Association and in furtherance of the objects and purposes for which the Association has been formed, created and established, including, without limitation, the following costs and expenses:
(a) Those incurred in the management and administration of the business and affairs of the Association, including, but not limited to, the salaries of any employees of the Association and the fees or other compensation paid to consultants to the Association, including, without limitation, architects, engineers, accountants and attorneys.
(b) Those incurred in connection with the ownership, administration, management, regulation, care, maintenance, repair, restoration, replacement, improvement, preservation, and protection of the Common Property.
(c) Reasonable reserves for repairs to and replacement of the Common Property.
(d) Those incurred for utility services to the Association and the Common Property, including, without limitation, electric power for irrigation systems.
(e) Those incurred for garbage and trash collection removal and disposal services provided to the Association and the Common Property (but not those provided to Lots).
(f) Those incurred for Common Property landscape maintenance and replacement, including irrigation.
(g) Those incurred as premiums on or for any insurance obtained by the Association, including, without limitation, fire, casualty, liability, health, medical, workman’s compensation and other insurance.
(h) All taxes, paid by the Association, including, without limitation, ad valorem real and personal property taxes on the Common Property, if any.
(i) Those incurred in connection with any payments by the Association for the discharge of any lien or encumbrance upon the Common Property or any portion thereof.
(j) Those incurred by the Architectural Control Committee in the performance of its duties and obligations pursuant to this Declaration, including, without limitation, the fees of, or other compensation paid to, consultants to the Architectural Control Committee, including architects, landscape architects, engineers and attorneys.
(k) Those incurred from time to time by any committees of the Association which are reasonably connected to the discharge of the duties and obligations of the Association pursuant to this Declaration.
(l) Those incurred in connection with the acquisition and repayment of any loans made to the Association, including the principal of, interest on and closing costs and other charges associated with any such loan or loans and/or purchase money financing engaged in by the Association.
(m) Those incurred in connection with the enforcement of the provisions of this Declaration, including the fees, costs and expenses of any attorney retained or employed by the Association for that purpose.
(n) Those incurred in connection with capital expenditures.
Section 3: General Assessment.
A. Purpose of Assessment. The general assessment levied by the Association shall be used for Common Expenses, including the maintenance, operation, improvement, repair, and replacement of the Common Area and facilities and for the protection of property values and promotion of the recreation, safety, health and welfare of all Members.
B. Basis for Assessment. Each Lot which has been conveyed to an Owner shall be assessed at a uniform rate.
C. Assessment Rate. The assessment per Lot shall be determined and set each year by the Board of Directors based upon the budget prepared in advance and divided equally among the Owners of the subdivision. The amount shall be sufficient to carry out the purposes outlined in this Article. The initial Lot assessment rate will be no more than $ 250.00 per year.
(a) From and after January 1, of the year immediately following the termination of the Class B member, the annual assessment may be increased each year not more than 15% above the annual assessment for the previous year without a vote of the membership.
(b) From and after January 1, of the year immediately following the termination of the Class B member, the annual assessment may be increased by more than 15% by a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a meeting duly called for this purpose.
D. Method of Assessment. The Board, by a majority of the Directors, shall fix the annual assessments and charges upon the basis provided herein; provided, however, that the annual assessments must be sufficient to meet the obligations imposed by the Declaration. The Board shall set the date such assessments shall become due. The Board may provide for collection of assessments annually or in monthly, quarterly, or semi-annual installments; provided, however, that upon default in the payment of any one (1) or more installments by any Owner, the entire balance of said annual assessment may be accelerated, as to the said Owner and Lot, at the option of the Board, with the same being declared immediately due and payable in full.
Section 4: Municipal Mandated Assessments. Municipal Mandated Assessments may be authorized in addition to the Annual and Special assessments. Any Member may apply to the governing body of the City of St. Cloud for its determination, or the City of St. Cloud governing body may, on its own initiative determine, that it is necessary to mandate and levy an assessment for the purpose of defraying, in whole or part, the cost of any maintenance, reconstruction, repair, or replacement of a capital improvement upon the Common Area to be performed by the City of St. Cloud by contract or by force account. Any such assessment shall be mandated and levied by an affirmative vote of at least two-thirds (2/3) of the members of said governing body after written notice and public hearing as outlined herein.
A. Written notice of the public hearing set by the City of St. Cloud governing body for the purpose of action authorized under Article VI, Section 4 above shall be sent to all members. Notice of such hearing will be sent to the address as shown by the most recent county ad valorem tax roll not less than thirty (30) days nor more than sixty (60) days in advance of the hearing. At the hearing, any Member in person or by attorney or attorney-in-fact, shall be heard.
B. Upon completion of the assessment project, the amount of the Municipal Mandated Assessment shall be set by the governing body of the municipality but it shall not exceed the actual cost thereof including administrative cost which shall not exceed ten percent (10%) of the direct cost. The Municipal Mandated Assessment shall be due on the date(s) set by the governing body of the municipality provided written notice thereof shall be sent to every member addressed to the address as shown by the most recent county ad valorem tax roll not less than thirty (30) days prior to the due date, or first due date in the case of monthly payment. Any Municipal Mandated Assessment not paid on the date due shall be considered delinquent and if not paid in full within thirty (30) days after the due date shall bear interest from the due date at a rate to be determined by the governing body of the municipality which shall not exceed the legal rate. If any sum of money of any Municipal Mandated Assessment is not promptly paid within thirty (30) days next after the same becomes due, then the entire assessment or the entire balance unpaid thereon shall thereupon or thereafter at the option of the municipality be and become due and payable. The City of St. Cloud may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, or both. No owner may waive or otherwise escape liability for the Municipal Mandated Assessment provided for herein by nonuse of the common area or abandonment of his Lot.
Section 5: The Association shall prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner during reasonable business hours. It is the responsibility of each Lot Owner to provide the Association of any change address they might have for Association business. The Association shall, upon demand, furnish an owner liable for said assessment, a certificate in writing signed by an officer of the Association, setting forth whether the assessment has been paid and/or the amount which is due as of any date. As to parties without knowledge of error, who rely thereon, such certificates shall be conclusive evidence of payment or partial payment of any assessment therein stated having been paid or partially paid.
Section 6: Special Assessments for Required Association Maintenance. Capital Improvements and Repairs . In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year and not more than the next succeeding year, for the purpose of defraying, in whole or in part, the cost of any required Association maintenance, construction, reconstruction, repair or replacement of a capital improvement thereon, the Common Area, or any fixtures and personal property related thereto, provided that any such assessment shall have the assent of a majority of the Owners who are voting in person or by proxy at a special meeting duly called for said purpose.
Section 7: Individual Assessments. In the event of an increase in maintenance responsibility due to an alteration in the landscaping or exterior appearance of a Lot, the Association may levy an individual assessment, which shall be limited to that particular Lot. The Association may also impose an individual assessment upon any Owner who abuses the Common Areas or increases their maintenance cost to the Association. Said individual assessment shall be treated in all other respects as an annual general assessment.
Section 8: Date of Commencement of Annual Assessments. The annual assessments provided for herein shall commence with respect to assessable Lots on the date of the conveyance of the first Lot from the Developer to an Owner. The initial periodic assessment on any assessable Lot shall be collected at the time of closing on the conveyance to said Owner, and shall be adjusted according to the number of days remaining in the calendar year of said conveyance. Nothing contained herein shall in any way infringe upon the Developer’s rights to be excused from all assessments in exchange for its agreement to pay operating deficits of the Association in accordance with the provisions of Section 9 of this Article.
Section 9: Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for so long as Developer is the owner of any Lot or undeveloped property within the Properties, the Developer shallnot be liable for assessments against such Lots, provided that Developer funds an amount equal to the amount of operating expenses (exclusive of annual or special assessments required to meet the cost of improvements to the Common Area, reserves and management fees) incurred during such period of time not produced by assessments receivables from other Members of the Association. Developer may at any time and from time to time commence paying assessments as to Lots that it owns and thereby automatically terminate its obligation to fund deficits, but may at any time thereafter and from time to time again elect to follow the procedures specified in the preceding sentence. When all Lots within the Properties are sold and conveyed to purchasers, Developer shall have no further liability of any kind to the Association for the payment of assessments or deficits.
Section 10: Effect of Nonpayment of Assessment; Remedies of the Association. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the Common Area or abandonment of the Lot. If the assessments are not paid on the dates when due, then such assessments shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the appropriate Lot, which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment shall pass to his successors in title and recourse may be had against either or both. If any installment of an assessment is not paid within thirty (30) days after the due date, at the option of the Association, a late charge no greater than the amount of such unpaid installment may be imposed. Only one late charge may be imposed on any one unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein, but shall not be subject to additional late charges. Each additional installment thereafter coming due shall be subject to one late charge each, and all sums due shall bear interest from the dates when due until paid at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien against the property on which the assessments and late charges are unpaid and may foreclose the lien against the property on which the assessments and late charges are unpaid. The Association may pursue one or more of such remedies at the same time or successively. The attorneys’ fees and costs incurred by the Association in the collection of all delinquencies shall be added to the amount of such assessments, interest and late charges, and in the event a judgment is obtained, such judgment shall include all sums as above provided and a reasonable attorneys’ fee to be fixed by the Court, together with the costs of the action. The Association shall also be entitled to attorneys’ fees arising out of an appeal of any such action. In addition to the rights of collection of assessments, any and all persons acquiring the title to or the interest in a Lot as to which the assessment is delinquent, including, without limitation, persons acquiring title by operation of law and by judicial sale, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid, and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full or all assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 11 of this Article.
Section 11: Subordination of the Lien to Mortgages.
A. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage representing a first lien on any Lot.
B. Sale or transfer of any Lot shall not affect the assessment lien; provided, however, the sale or transfer of any Lot pursuant to foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer of any type shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
C. It is the express intent of this section, notwithstanding any other provision hereof, to subordinate the assessment lien referred to above only to first mortgages executed in favor of institutional mortgagees which shall include banks, savings and loan associations, insurance companies, and mortgage bankers. In no event shall any second mortgage or other junior mortgage take priority over the assessment lien.
Section 12: Exempt Property. All Common Area shall be exempted from the assessments, charges and liens created herein.
Section 13: Annual Budget. By a majority vote of the Directors, the Board shall adopt an annual budget for the subsequent fiscal year which shall provide for allocation for expenses in such a manner that the obligations imposed by this Declaration will be met.
Section 14: Streets. Easements, Reservations, Rights of Way, and Additional Restrictions.
A. No title to any land in any street is intended to be conveyed, or shall be conveyed, to the grantee under any deed or the purchaser under any contract of purchase unless expressly so provided in such deed or contract of purchase.
B. Easements, reservations, and rights of way may be reserved by Developer and its successors and assigns in any conveyance it or they may make of said property or any portion thereof.
C. Developer may include in any contract or deed hereinafter made additional protective covenants and restrictions not inconsistent with those contained herein.
D. No dwelling house, garage, outbuilding, or other structure of any kind shall be built, erected, or maintained upon any easements, reservations, or rights of way and easements, reservations and rights of way, shall, at all times, be open and accessible to public or quasi-public utility corporations and other persons erecting, constructing, or servicing such utilities and quasi-public utilities and to Developer and its successors and assigns, all of whom shall have the right of ingress and egress thereto and therefrom and the right and privilege of doing whatever may be necessary in, under, and upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights of way are reserved or may hereafter be reserved, provided that all utilities, including but not limited to electricity, water, sewer, and cable television, shall be installed underground, with the exception of streetlights, and the dedication of streets, easements, and rights of way on said plat shall be subject to this restriction and the acceptance of such streets, easements, and rights of way by any governmental agency shall be subject to this restriction.
ARTICLE VII – MAINTENANCE
Section 1: Common Area. The Common Area shall be maintained and operated by the Association as private property for the benefit of the parties described herein and on the terms and conditions set forth herein.
Section 2: Maintenance of Lots.
A. Each Lot and all improvements therein or thereon shall be maintained by each respective Owner in good order and repair and free of debris. In the event an Owner of any Lot shall fail to maintain the said Lot, and the improvements, as provided herein, the Association, after notice to the Owner and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct, repair, maintain, and restore the Lot and any other improvements erected thereon. Additionally, the Association may bring a proceeding at law or in equity against any person(s) who fails to properly maintain said Lot, and the improvements therein and thereon, either to require appropriate maintenance or for damages. All costs, including attorneys’ fees and costs, related to such correction, repair or restoration shall be the personal obligation of the Lot Owner and shall become a lien against the subject Lot with the same force and effect of a lien created by the said Owner’s failure to pay assessments when due.
B. The Association shall be responsible for Maintenance of all common areas, including landscaping and signage at the entrance, fencing, buffers, and landscape easements. When said landscaping, fencing, or signage becomes in disrepair, all materials shall be either improved or replaced to protect the continuity of appearance with the original intention of the subdivision.
C. The Association shall have a right and easement in and to the land comprising each Lot in order to maintain same in accordance with this Section, and said right and easement shall be a covenant running with the land as to each Lot.
D. Lots located on water must be sodded and maintained from the Living Unit to the water’s edge in addition to the front and side Lot lines.
E. Prior to completion of construction of a residence upon any Lot, the owner thereof shall cause to be planted between the residence and the street abutting the Lot at least two (2) oak trees having a minimum height of ten (10) feet and a minimum trunk diameter of three (3-1/2) inches, measured at ground level at the time of planting. Deviation from the height and trunk diameter requirements is allowed if approved in writing by the ACC. In the event that any such tree shall die, the owner of the Lot shall replace the tree within thirty (30) days.
F. No tree having a trunk diameter of six inches or more shall be cut or removed from said property unless the tree is located within ten feet of the foundation of a structure to be constructed on the property, or unless the tree is dead, diseased or otherwise creates a health or safety hazard.
G. The owner of a Lot shall not allow grass and weeds to grow unchecked, but shall keep the grass neatly mowed and all bed areas free from weeds with mulch or other appropriate materials, the dwelling, outbuildings, garage or other structures thereon painted and in good repair, all trees and plants properly trimmed, pruned and cared for in such manner that the Lot will present an attractive appearance at all times.
H. All garbage and refuse originating or accumulating on any Lot shall be kept in a securely covered metal, plastic, or concrete container, and regularly disposed of in accordance with the health regulations, ordinances and laws of the appropriate governmental authority.
I. On the Subdivision Plat some Lots have a landscape easement designated in the rear yard and side yard. Approved fences may be constructed in this landscape easement but only with prior written approval of the ACC and in accordance with specifications of the Association and applicable Ordinances of the City of St. Cloud. No Owner will be a ll owed to cut down, remove or in any way alter the landscaping an d trees in place without prior written approval of the Association and the City of St. Cloud, Florida. Should a tree or other landscaping die or need to be replaced, it must be replaced in a timely manner at the Lot Owner’s expense.
J. The Association is responsible for the maintenance and expenses associated therewith for the common areas as follows: Tracts L1, L2, L3, L4, L5, L6 are reserved for landscaping, walls, open spaces and recreation; Tract P1 is reserved for Storm Water Management Ponds and recreation areas; Tract WPA is reserved for drainage canal and maintenance access and will be maintained by Osceola County; Tract EA is reserved for Emergency Access and will be maintained by the Homeowners Association.
K. The Association will maintain the common area grass in a well-groomed manner to the water’s edge and will fill in washed out areas with dirt and sod. These areas are to be maintained in accordance with the requirements of applicable City ordinances and regulations of any state or federal agency having authority.
Section 3: Architectural Control.
A. No building, fence, wall, antennas, or other structures, or landscaping alterations or additions, shall be commenced, erected or maintained upon any Lot, not shall any exterior addition to, change or alteration, including the changing of the existing color of paint or of roofing materials therein, be made or undertaken until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same shall have been submitted to and approved in writing by the Board of Directors of the Association, or by an Architectural Control Committee (“ACC’) composed of three (3) or more representatives appointed by the Board, and all appropriate governmental authorities having jurisdiction thereof. Should the Board choose to appoint an ACC, all decisions of said ACC are reviewable by the Board of Directors, in its discretion, and may be reversed, amended or rescinded as the Board may see fit. In the event the Board either chooses not to appoint an ACC or to disband the ACC after it has been established, all references to the ACC herein shall be considered references to the Board. Prior to application for a Building Permit, any person proposing to commence any construction upon any Lot shall submit complete plans and specifications for the proposed construction to the Board or the ACC and shall receive a signed and dated receipt therefore. Upon approval of the plans and specifications, the Board or the ACC shall cause said plans and specifications to be signed and dated by an authorized representative thereof. Upon disapproval of the plans and specifications, or any portion thereof, the Board or the ACC shall forward a letter advising of such disapproval and the details thereof to the applicant. Nothing herein shall be interpreted as giving any Owner the right to make any changes, alterations or additions of any kind, shape or nature to the exterior of his Lot. In addition, the Board or the ACC, subject to Board review, shall have absolute and complete discretion, consistent with this Declaration, in approving or disapproving any request submitted to it and may base its decision on any ground, including purely aesthetic considerations that it, in its sole discretion, deems sufficient.
B. In the event said Board, or its designated committee fails to approve or disapprove such plans within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this Section will be deemed to have been complied with.
C. In the event any Owner shall commence, erect or maintain any building, fence, wall, or other structure, or landscaping or other changes, alterations or additions, upon any Lot in violation of this Section, the Association, after notice to the Owner and approval by a majority vote of the Board of Directors, shall have the right to enter upon said Lot and any other improvements erected thereon and take such action as is reasonably necessary to correct the violation(s). All costs related to such corrective action shall be the obligation of the Lot Owner and shall become a lien against the subject Lot with the same force and effect of a lien created by the said Owner’s failure to pay assessments when due.
D. All requests for approval of such plans and specifications shall be mailed or delivered to:
<EDIT> Use the ARC Form on the website </EDIT>
or such other address as shall from time to time be designated by the Association.
E. The provisions of this Section shall not apply to the Developer, its successors and assigns. Notwithstanding anything herein to the contrary, Developer shall have the right to appoint the members of the Architectural Control Committee above described until the first to occur of the events specified in ARTICLE IV – Section 2 contained herein.
ARTICLE VIII – SURFACE WATER MANAGEMENT
Section 1: Responsibility. The Association hereby accepts responsibility for the operation and maintenance of the surface water management system described in South Florida Water Management District (“SFWMD”) application or permit numbers(s) 49-01298-P.
Section 2: Ownership. The surface water management system is owned by the Association.
Section 3: Operational Costs. The Association is responsible for assessing and collecting fees for the operation, maintenance, and, if necessary, replacement of the surface water management system. Fees shall be assessed and collected through the method set forth in Article VI, above.
Section 4: Limitation on Amendments. Any amendments proposed to these documents which would affect the surface water management portions of the common areas shall be submitted to SFWMD for review prior to finalization of the amendment. SFWMD shall determine if the proposed amendment will require modification of the environmental resource or surface water management permit If a permit modification is necessary, the modification must be approved by SFWMD prior to the amendment of this document.
Section 5: The Environmental Resource or Surface Water Management Permit is made a part of this document and attached hereto as Exhibit “A.” Copies of the permit and any future permit actions of SFWMD shall be maintained by the Registered Agent of the Association for the benefit of the Association.
ARTICLE IX – CONSERVATION EASEMENT
The following activities are prohibited in or on the Conservation Easement described on Exhibit `B:”
A. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;
B. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan;
D. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface;
E. Surface use except for purposes that permit the land or water area to remain in its natural condition;
F. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing;
G. Acts or uses detrimental to such aforementioned retention of land or water areas;
H. Acts or uses within Grantor’s regulatory jurisdiction which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance.
ARTICLE X – GENERAL PROVISIONS
Section 1: Duration. This Declaration may not be terminated during the initial twenty-five (25) years after recordation, and thereafter shall be automatically renewed for additional ten (10) year periods unless earlier terminated by the written consent of all Owners, which consent shall be recorded among the Public Records of Osceola County, Florida.
Section 2: Amendment.
A. Subject to the provisions of Sections 2B of this Article, this Declaration may be amended by an instrument first approved by a majority the Board of Directors and subsequently signed by persons or entities representing seventy-five percent (75%) of the total votes outstanding at said time. To be effective, all amendments must be filed in the Public Records of Osceola County, Florida. Unless otherwise specifically recited in said amendment, the effective date thereof shall be the date same is filed in the Public Records of Osceola County, Florida.
B. Notwithstanding anything herein to the contrary until such time as the deeds to seventy-five percent (75%) of the Lots are recorded among the Public Records of Osceola County, Florida, Developer shall have the right to amend or modify this Declaration by recordation of an instrument containing such amendment or modification without the joinder of any Owner or the holder of any mortgage of any Lot, provided that no such amendment or modification by Developer shall materially affect any Lot or the rights of any Owner, or mortgagee.
Section 3: Enforcement. Enforcement of these covenants, provisions and restrictions shall be accomplished by means of a proceeding at law or in equity, against any person or persons violating or attempting to violate any covenant or restriction, condition, reservation or easement, either to restrain the violation or for damages, and against the land to enforce any lien created by these covenants; and failure by the Association, the Developer, or any Owner to enforce any covenant, restriction, condition, reservation or easement herein contained shall in no event be deemed a waiver of the right to do so thereafter. These remedies shall be cumulative of all other remedies provided by law.
Section 4: Fines. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his tenants, family, guests, invitees or employees to comply herewith or with any rule or regulation, provided the following procedures are adhered to:
A. Violations Committee: A committee of at least three members appointed by the Board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee of the Association shall hear all violations referred to it by the Board. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
B. Notice: The Association shall notify the Owner of the infraction or infractions. Included in the notice shall be the date and time of a special meeting of the Violations Committee at which time the Owner shall present reasons why penalties should not be imposed. A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended.
C. Hearing. The non-compliance shall be presented to the Violations Committee after which the committee shall hear reasons why penalties should not be imposed. A written decision of the committee shall be submitted to the Owner by not later than twenty-one (21) days after the Violations Committee meeting.
D. Penalties. For each violation a fine not to exceed Fifty and No/100 dollars ($50.00) may be imposed against the Lot owned by the Owner.
E. Payment of Penalties. Fines shall be paid not later than five (5) days after notice of the imposition or assessment of the penalties.
F. Collection of Fines. Fines shall be treated as an assessment subject to the provisions for the collection of assessments as set forth in Article V, Section 8 hereof.
G. Application of Penalties. All monies received from fines shall be allocated as directed by the Board of Directors.
H. Non-exclusive Remedy: These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner.
Section 5: Legal Fees. Any and all legal fees, including but not limited to attorneys’ fees and court costs, which may be incurred by the Association in the enforcement of any of the provisions of this Declaration, regardless of whether such enforcement requires judicial action, shall be assessed (by either general or special assessment) against and collectible from the Lot or Owner against whom such action was taken and shall be a lien against such Owner’s Lot in favor of the Association. Any provisions in this Declaration for the collection or recovery of attorneys’ fees shall be deemed to include but not be limited to, attorneys’ fees for the attorneys’ services at all trial and appellate levels and, unless the context clearly indicates a contrary intention, whether or not suit is instituted.
Section 6: FHA – VA Approval. Notwithstanding any other provision in this Declaration to the contrary, for so long as there is a Class B Member, the following actions will require the prior approval of the FHA or the VA:
A. Annexation of additional properties.
B. Dedication or mortgaging of the Common Area.
C. Amendment to this Declaration other than to correct ambiguities or conflicts.
Approval of the FHA or VA shall only be required if any mortgage encumbering a Lot is guaranteed or insured by either of such agencies.
Section 7: Condemnation. In the event all or part of the Common Area owned by the Association shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be paid to the Association. The Board of Directors of the Association shall have the right to act on behalf of the Association with respect to the negotiation and litigation of the taking or condemnation issues affecting such property. The Owners may, by a vote of 80% of the total voting power hereunder, agree to distribute the proceeds of any condemnation or taking by eminent domain, and if the Lot and Unit Owners shall not so agree such proceeds shall be added to the funds of the Association.
ARTICLE XI – SPECIFIC RESTRICTIONS
Section 1: Temporary Structures and buildings. No structure of a temporary character, trailer, shed, basement, tent, shack, barn or other outbuilding shall be placed erected or used at any time, temporarily or permanently, on the Property. This paragraph shall not be deemed to prevent the use of a temporary construction shed or temporary construction trailer during the period of actual construction of any structure on said property nor the use of adequate sanitary toilet facilities for workmen that shall be provided during such construction. Nothing herein shall prohibit an Owner from erecting an ACC approved utility shed on the rear of his Lot so long as said utility shed is constructed on a concrete slab, is constructed of materials matching those used to construct the home in both type and color, and is located behind the home such that no part of the shed is visible from the street directly in front of the home. Any such utility shed must meet the same setback requirements as the home. Metal sheds are prohibited.
Section 2: Windows and Glass Doors. No Owner shall be permitted to place tin foil or other covering (except for draperies, blinds, or other window treatment as same conventionally defined by decorators) upon any windows or sliding glass doors in his Lot, nor shall said Owner be permitted to tint any windows or sliding glass doors in his Lot without first receiving the written approval of the Board or the ACC, subject to Board review.
Section 3: Oil and Mining Operations. No oil drilling, development operations, refining, quarrying or mining operations of any kind shall be permitted on the Property, not shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on the Property.
Section 4: Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon Residential Property, except for dogs, cats, birds or other usual and customary household pets, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by Developer or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each such type of household pet (other than aquarium kept fish) shall prima facie be considered unreasonable. Notwithstanding the foregoing provisions of this Article 11.4 permitting dogs, cats, birds or other usual and customary household pets, however, no such reptiles, animals, birds or other pets may be kept, raised or maintained on Residential Property under circumstances which, in the good faith judgment of Developer or the Association, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of other Residential Property.
Section 5: Waste and Rubbish Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers or as required by the Association or the applicable ordinances of Osceola County, Florida.
Section 6: Burning. No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall be permitted or conducted on Residential Property. Nothing herein contained, however, shall be deemed to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers or the like, whether inside or outside of any building or other structure located on Residential Property.
Section 7: Signs. In order to insure a harmonious effect as to the overall appearance of the Property, no signs of any type shall be displayed in any Lot where same is visible to the outside thereof, or on any portion of the Property. This shall include, but is not limited to, advertisements and solicitations. “For Sale” or “For Rent” signs will be permitted only if they do not exceed two (2) feet by two (2) feet and only if they are located in the front yard. Notwithstanding anything to the contrary contained herein, this prohibition shall not apply to the Developer, its successors or as signs so long as the Developer retains title to any Lot.
Section 8: Enforcement. In addition to the enforcement provisions provided in Article X – Section 3 above, the Association is hereby granted an easement over the Lot of each Owner for the purpose of enforcing the provisions of this Article, and may go upon the Lot of said Owner to remove or repair any viola ti on of these provisions. In the event that the Association, after notice to the Owner of any violation and the Owner’s failure to cure the same, does in fact exercise its right to cure said viola ti on, all costs incident to said ac ti on by the Association shall become the personal obligation of the Owner and shall be imposed as a lien against his Lot in the same manner as if said sums represented monies due for unpaid assessments.
Section 9: Utility Easements. Developer hereby grants a perpetual right and easement in and to the Property to any utility company which provides its services to the Property in order to install, maintain, repair or replace the same, and said right and easement shall be a covenant running with the land. As used herein, the term “utility company” shall include, but not be limited to, companies providing water, sewer, electricity, telephone, or cable television services.
Section 10: Garage and Driveway Required. A garage accommodating a minimum of two cars shall be constructed and maintained at all times in conjunction with any residence constructed on any Lot in said property. In the event that a garage shall be converted to any other use, after approval of ACC, a new two-car garage shall be constructed, and a driveway shall be constructed of concrete and shall be continuously maintained from the garage to the street abutting the Lot. When calculating off-street parking for residential uses, the driveway area shall meet the minimum requirements for parking and shall be paved for new construction. The required parking shall not be enclosed and the garage shall not be calculated as part of the parking area.
Section 11: Living Unit. Each single family residential dwelling constructed on Residential Property shall have a minimum heated and cooled living area of one thousand three hundred (1,300) square feet. Simulated brick or simulated stone will not be allowed as a facade or used in any manner for the exterior construction except as provided in Article VII, Section 3 above. All plans must be submitted in writing to the ACC, prior to commencing construction. The ACC has forty-five (45) days in which to approve, deny or approve with conditions. Should the ACC not act within forty-five (45) days, the plans will be considered denied.
Section 12: Residential use. Ownership of Residential Property shall be for single family residential dwelling purposes only. Accordingly, Residential Property may not be rented or leased for any single period of less than twelve (12) months, and may not be used for business or commercial purposes. No use shall be made of the property which would constitute a nuisance or create any eyesore, in the opinion of the Developer.
Section 13: Buildings. No building, other than a detached single family dwelling house, and appurtenant outbuilding, including a garage for private use, shall be erected, constructed or maintained on any Lot in said property, not shall any building constructed or erected on said property be used for any purpose other than a private dwelling house or appurtenant outbuilding, including garage for private use. No mobile or modular home shall be installed or erected on said property.
Section 14: Height Limitation. No Improvement on Residential. Property shall exceed thirty-five (35) feet in height, from the finished grade to the roof peak at its highest point. Each residential dwelling on a Lot shall consist of not more than two (2) full stories (not including basement) unless otherwise approved in writing by the Architectural Control Committee.
Section 15: Roofs. The roofs of the main body of all buildings and other structures, including the principal residence, shall be pitched. No flat roofs shall be permitted without the approval of Developer and the Architectural Control Committee. Developer and Architectural Control Committee may, in their discretion, approve flat roofs on part of the main body of a building if architecturally compatible with the remainder of the roof structure, the particular building on which it is to be constructed and all adjacent residences and other structures. The pitch of all roofs shall be not less than five inches (5″) in twelve inches (12″) (4/12 vertical/horizontal). All roofs shall be constructed of clay tile, cement tile, slate, 30 year architectural dimensional fiberglass shingle or other materials approved by the Architectural Control Committee. All roof colors must be approved by the Architectural Control Committee.
Section 16: Windows. The windows of all buildings on Residential Property shall have frames and window hardware, if any, constructed of wood or such other materials as may be approved by the Architectural Control Committee. In no event shall raw or silver aluminum windows be permitted.
Section 17: Exterior Lighting. Exterior lighting or illumination of buildings, yards, parking areas, sidewalks and driveways on a Lot shall be designed and installed so as to avoid visible glare (direct or reflected) from street and road rights-of-way, and other Residential Property. Special exceptions to such specifications may be-approved by and within the discretion of the Architectural Control Committee upon a showing of good cause therefor.
Section 18: Mailboxes and Other Delivery Boxes. Only builder or Developer supplied mailboxes shall be permitted. All other delivery boxes or receptacles of any kind, including those for newspapers, milk and other similar home deliveries, must also be submitted to the Architectural Control Committee for approval as to location, materials, color and the like.
Section 19: Maintenance of Landscape Easements : Those Lot Owners with a landscape easement in the rear yard and side yard must maintain this easement in a well-groomed manner and in accordance with conditions as outlined in other areas of this document and per the specifications of the Association and the City of St. Cloud.
The City of St. Cloud and the Association may take whatever action may be required, including but not limited to enforcement through the City’s Code Enforcement Board, to maintain the landscape easement or fence/wall in a well groomed manner.
Section 20: Time for Completion. When the construction of any building on any Lot is once begun, work thereon must be prosecuted diligently and must be completed with a reasonable time not to exceed one (1) calendar year. Reconstruction of any building damaged or destroyed by fire or other casualty shall commence immediately and shall be completed within one (1) calendar year after the date of such damage or destruction.
Section 21: Outbuildings. No outbuilding, garage, shed, tent, trailer or temporary building of any kind shall be erected, constructed, permitted or maintained on any Lot prior to commencement of the erection of such dwelling house as is permitted hereby, and no outbuilding, garage, shed, tent, trailer, basement, or temporary building shall be used for temporary or permanent residence purposes, provided, however, that this paragraph shall not be deemed to prevent the use of a temporary construction shed or temporary construction trailer during the period of actual construction of any structure on said property, nor the use of adequate sanitary toilet facilities for workmen which shall be provided during such construction.
Section 22: Business Us Restricted. No business of any kind whatsoever shall be erected, maintained, operated, carried on, permitted or conducted on said property, or any part thereof (except for telecommuting and other in-house activities not occasioning vehicular traffic and as may be permitted as a home occupation by the City of St Cloud), nor shall any merchandise, equipment or stock used in any business be stored or maintained on said property or any part thereof; and without limiting the genera li ty of the foregoing, no store, market, shop, mercantile establishment, trading or amusement establishment, quarry, pit, undertaking establishment, crematory, cemetery, radio tower, auto camp, trailer camper or haven, hospital, public baths, school, kindergarten, nursery school, day care facility, sanitarium, asylum, or institution, and no noxious, dangerous or offensive thing, activity or nuisance shall be erected, maintained, operated, carried on, permitted or conducted on said property, or any part thereof, nor shall anything be done thereon which may be, or become, an annoyance or nuisance to the neighborhood. This section shall not be applicable to Developer with respect to its development of the Property, construction and sale of homes, the use of model home sales centers or the use of any portion of the Property as parking areas.
Section 23: Antennas. No satellite television receiving dish antenna or similar structure shall be erected upon any Lot, except upon the rear portion of the Lot and after approval of the ACC. Any such structure must be smaller than one (1) meter in diameter and must be appropriately screened by plant materials or approved fencing so as not to be visible from any street or surrounding Lot.
Section 24: Radio Transmission Equipment . No radio, microwave or other electronic transmission equipment, including ham radios, citizens band radios, walkie-talkies and the like, shall be operated on Residential Property without the prior written consent of the Association, and such consent, once given, may be revoked by the Association in the event that the operation of any such equipment interferes with ordinary radio, telephone or television reception or equipment, including central cable television and gate control systems.
Section 25: Tanks . No above-ground gas, oil or water tank of any kind shall be installed on the said property, with the exception of a water or gas tank completely enclosed within a dwelling, garage or other approved outbuilding or fencing.
Section 26: Stables. No stables, livery stable, or riding academy shall be erected, conducted, carried on, kept, permitted or maintained, nor shall any horses, ponies, donkeys, or burros, be kept upon any part of said real property.
Section 27: Clotheslines. Clotheslines shall be placed at the rear of and within the area encompassed by a rearward extension of the side lines of the Living Unit in a manner that they may not be viewed fr om the street and they must be of the construction where they fold down when not in use.
Section 28: Trucks and Commercial Vehicles. In order to maintain the high standards of the subdivision with respect to residential appearance, no trucks or commercial vehicles, boats, house trailers, boat trailers or trailers of every other description, including campers or any vehicle registered RV, shall be permitted to be parked or stored at any place on said property except during periods of construction by the Developer, not shall any inoperable or dilapidated motor vehicles be parked on any portion of said property for the purpose of repairing or maintaining the same, Vehicles carrying or displaying permanent or temporary commercial markings, commercial messages or signs may be parked or stored in the subdivision only with the express written approval of the Architectural. Control Committee of Keystone Pointe at St. Cloud Homeowners’ Association, Inc. Application for approval for the parking or storing of vehicles with commercial markings, commercial messages or signs must be submitted in writing to the ACC prior to the parking or storing of the vehicle on the property. All motor vehicles within the Property must bear a current license plate and be in operable condition at all times. No vehicles shall be permitted to be parked on the street at any time. No trucks above two tons or semi-trailer trucks will be allowed to be parked on said property at any time. The prohibitions of this subparagraph shall not apply to the temporary parking of trucks and commercial vehicles for pick-up, delivery and other commercial services, or to pick-up trucks for personal use of a Lot owner to a maximum of one ton capacity.
Section 29: Pools. No above ground pools are permitted. When installing an in-ground pool, precaution should be taken to insure no part of the pool encroaches on an easement not impairs the integrity of the overall subdivision’s drainage system. (The Lot survey defines where the easement boundaries are) It will be the obligation of the offending Owner to replace, repair or take whatever measures necessary to correct problems caused by him or his contractor should drainage problems occur from this action.
Section 30: Play Structures. Playhouses and other like play structures may be erected on the Lot but only to the rear of the Lot. Such structures must not visible from the street and must be screened with landscaping. Tree houses or platforms of a like kind or nature may not be constructed on any part of the Lot.
Section 31: Fences. No fence may be installed without prior written consent of the ACC. No fence may be more than five (5) feet in height. Fencing material must be PVC or its equivalent. Wooden fences are prohibited. Notwithstanding this provision, the Developer is permitted to install six (6) foot PVC fencing along the exterior boundaries of the subdivision. No fence of any kind shall be erected in the area from the front line of any living Unit to the front Lot line.
Section 32: Grass. No type or variety of grass other than St. Augustine or similar type grass shall be planted on Residential Property, and such grass shall be planted only in those areas where specified on the landscape plan approved by the Architectural Control Committee. The planting of grass on Residential Property shall be accomplished by the installation of full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not be permitted.
Section 33: Irrigation Systems . All landscaped and grassed open areas on Residential Property, including such areas that are within road rights of way adjacent to and contiguous with the Residential Property, shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently irrigating all lawns and plantings within such open areas.
Section 34: Artificial Vegetation. No artificial vegetation shall be permitted on the portion of any Lot outside of any building on the Lot.
Section 35: Sidewalks. Prior to a Certificate of Occupancy being issued, concrete sidewalks must be installed along the front of each Lot/Roadway per the specifications of the City of St. Cloud.
Section 36: Setbacks. All building lines, locations and setbacks shall be as permitted and required by the applicable portions of the City of St. Cloud Ordinances or as specified on the recorded plat of the Keystone Pointe at St. Cloud subdivision. No outbuildings shall be placed on any Lot in the area extending from the rear line of any living Unit to the front Lot line.
ARTICLE XII – MISCELLANEOUS
Section 1: Action Without Meeting. Any action required to be taken hereunder by vote or assent of the Members may be taken in the absence of a meeting by obtaining the written approval of the requisite number of Members. Any action so approved shall have the same effect as though taken at a meeting of the Members and such approval shall be duly filed in the minute book of the Association.
Section 2: Interpretation. The Board of Directors shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret its provisions and its determination, construction or interpretation, shall be final and binding. In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best tend toward the consummation of the general plan of improvements.
The provisions of this Declaration shall be liberally construed to effectuate their purpose of creating a uniform and consistent plan for the development and operation of the Property as an integral portion of Keystone Pointe at St. Cloud.
Section 3: Authorized Action. All actions which the Association is allowed to take under this instrument shall be authorized actions of the Association if approved by the Board of Directors in the manner provided for in the Bylaws of the Association, unless the terms of this instrument provide otherwise.
Section 4: Severability. In the event any of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. Further, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision which shall remain in full force and effect for such period of time and to such extent as may be permitted by law.
Section 5: Withdrawal. Anything herein to the contrary notwithstanding, Developer reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Property from the provisions of this Declaration.
Section 6: Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association and the Articles shall take precedence over the Bylaws.
Section 7: Invalidity. The invalidity of any part of this Declaration shall not impair the affect in any manner the validity, enforceability or affect of the balance of the Declaration which shall remain in full force and effect.
Section 8: Gender and Number. The use of the masculine gender herein shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires.
Section 9: Effective Date. This Declaration shall become effective upon its recordation in the Osceola County Public Records.
Section 10: Law to Govern. This Declaration shall be construed in accordance with the laws of the State of Florida, both substantive and remedial.