HOMEOWNERS ASSOCIATION - A Quiet Place In The...

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A Q11IET PLACE IN THE COUNTRY HOMEOWNERS ASSOCIATION DECLARATION OF RESTRICTIONS 1. Subdivision of Lots. Lots may not be subdivided. 2. Single Family Residence. There shall not exist on any lot at any time more than one residence. 3. Square Footage, Material, Fencing. Minimum house square footage shall be 1800 square feet of enclosed living area and 2400 square feet of total covered area including garage, carport, and porches. There shall be eight (8) or more exterior wall planes each of eight feet or longer in width. Of the wall facing or in view of any street, 50% or more of the wall surface shall be of stained rough-sawed lumber or unpainted stone, rock or brick, or such other material as may be approved by the Homeowners Association. Concrete blocks shall be covered with stucco or materials approved by the Homeowners Association. Roofs shall be of the gable or hip type. Asphalt shingles must be of the architectural grade. Tar and gravel roofing shall not be used. All fences in the subdivision are to be made of wood, vinyl, or vinyl covered chain link either in black or green or a color approved by the Homeowners Association. No fences other than 2, 3, or 4 rail shall cover the front of the house, unless approved by the Homeowners association. 4. Set-Back Lines. All structures shall be set back 75 feet or more from any street and 25 feet or more from any property line. Special exceptions can be made by the Homeowners Association. 5. Commercial- Vehicles. Overnight parking for trucks 1 1/2 tons or more will be limited to 24 hours within a two week period unless otherwise approved by the Homeowners Association. All commercial vehicles with advertising thereon are prohibited unless parked behind a fence or other structure or landscaping and located behind the front side of the house and shall be limited from view from the street and neighboring yards. Boats, travel trailers, motor homes, horse trailers and utility trailers shall be parked in the same manner as to prevent their visibility from the street and neighboring yards as much as possible. 6. Mobile Homes. Mobile Homes will not be allowed in the sub-division under any circumstance. One travel trailer or motor home may be used as a temporary living facility, with approval of the Homeowners Association, during DIS Race Weekes), Bike week, Biketoberfest, Turkey Rod Run, and national holidays. The temporary housing facility shall not be used for more than two weeks, unless otherwise approved by the Homeowners Association. No trailers, mobile homes, campers 7 garages 7 outbuildings] tents or shacks or any other structure of a temporary nature shall be erected, placed or be permitted to remain on the property. rev 8.30.08 1

Transcript of HOMEOWNERS ASSOCIATION - A Quiet Place In The...

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A Q11IET PLACE IN THE COUNTRYHOMEOWNERS ASSOCIATION

DECLARATION OF RESTRICTIONS

1. Subdivision of Lots. Lots may not be subdivided.

2. Single Family Residence. There shall not exist on any lot at any time more thanone residence.

3. Square Footage, Material, Fencing. Minimum house square footage shall be1800 square feet of enclosed living area and 2400 square feet of total covered areaincluding garage, carport, and porches. There shall be eight (8) or more exterior wallplanes each of eight feet or longer in width. Of the wall facing or in view of any street,50% or more of the wall surface shall be of stained rough-sawed lumber or unpaintedstone, rock or brick, or such other material as may be approved by the HomeownersAssociation. Concrete blocks shall be covered with stucco or materials approved by theHomeowners Association. Roofs shall be of the gable or hip type. Asphalt shingles mustbe of the architectural grade. Tar and gravel roofing shall not be used. All fences in thesubdivision are to be made of wood, vinyl, or vinyl covered chain link either in black orgreen or a color approved by the Homeowners Association. No fences other than 2, 3, or4 rail shall cover the front of the house, unless approved by the Homeownersassociation.

4. Set-Back Lines. All structures shall be set back 75feet or more from any street and25 feet or more from any property line. Special exceptions can be made by theHomeowners Association.

5. Commercial- Vehicles. Overnight parking for trucks 1 1/2 tons or more will belimited to 24 hours within a two week period unless otherwise approved by theHomeowners Association. All commercial vehicles with advertising thereon areprohibited unless parked behind a fence or other structure or landscaping and locatedbehind the front side of the house and shall be limited from view from the street andneighboring yards. Boats, travel trailers, motor homes, horse trailers and utility trailersshall be parked in the same manner as to prevent their visibility from the street andneighboring yards as much as possible.

6. Mobile Homes. Mobile Homes will not be allowed in the sub-division under anycircumstance. One travel trailer or motor home may be used as a temporary livingfacility, with approval of the Homeowners Association, during DIS Race Weekes), Bikeweek, Biketoberfest, Turkey Rod Run, and national holidays. The temporary housingfacility shall not be used for more than two weeks, unless otherwise approved by theHomeowners Association. No trailers, mobile homes, campers7 garages7 outbuildings]tents or shacks or any other structure of a temporary nature shall be erected, placed orbe permitted to remain on the property.

rev 8.30.08

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7. Prohibited Activities. Except that the main dwelling on any property may beleased by the owner or owners thereof, no business, commercial or manufacturingenterprise that does not meet the requirements of a "Class A" type business as perVolusia County Ordinance shall be operated, maintained, or conducted on any propertyin A Quiet Place in the Country or in any improvement erected or placed therein, norshall any dwelling therein , or in any part thereof , be used as a boarding or roominghouse.

8. Nuisances. Structures, fences, and lawns shall be maintained in a neat and orderlymanner at all times. No weeds, underbrush or other unsightly growths shall bepermitted to grow or remain upon the premises, and no refuse pile, debris, trash, scrapmetal, old household appliances or other unsightly objects shall be allowed to be placedor remain anywhere thereon. Except with the written consent of the HomeownersAssociation as to dimensions or purpose, no signs of any character shall be placed ormaintained on any lot except: (a) a sign identifying the owner or occupant thereof, thedimensions of which shall not exceed three (3) square feet and which will not beilluminated unless the same is affixed to the exterior of a main dwelling and only thenby incandescent illumination. Real Estate and political signs of a temporary nature shallbe 4 square feet or less. No horns, whistles or other sound devices except securitydevices used exclusively to protect the property are authorized with the exception ofexternal entertainment systems which will be allowed as long as they do no cause adisturbance to neighboring homes. Construction of houses must be accomplished withinnine (9) months or less from the commencement of construction as to exterior, lotgrading, driveways, walkways, cleanup of materials and rubble, major landscaping andreplacement of sod (grass). No driveway may be built from any lot directly onto TomokaFarms Road. Abandoned and unlicensed vehicles are prohibited. If an antique vehicle isbeing restored it must be parked behind a fence, other structure, or landscaping, andlocated behind the front side of the house and shall be restricted from view from thestreet and neighboring yards.

9. Trees. Native trees and timber shall not be removed except as necessary for theconstruction of authorized buildings and improvements and selective thinning for theimprovement of the setting and the view.

10. Animals. Dogs and other animals shall not be allowed to run at large or cause acommon nuisance. Cattle, Dogs, and goats shall be limited to a combined total of four(4) per lot. Small animals and fowl shall be limited to a combined total of ten (10) perlot. Pigs are forbidden at all times. Horses may be raised for commercial purposes andthen only as long as they don't become a common nuisance.

11. Pasturing Area and Boats. Certain portions of certain lots as defined ordelineated on a plat map are primarily for pasturing. No structures of any kind shall beerected in these areas except for (a) fencing, (b) boat dock, and (c) a barn. Any suchfencing shall be wire or wire mesh or if lumber, the lumber shall be pressed creosotetreated boards and posts. Boat docks shall be painted tan in color, if painted, and noportion of the boat dock shall be higher than the natural elevation of the ground withinthe lot. Boat docks shall not extend more than 20 feet into the lake. No gasoline motorscan be used on any boats.

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12. Utility Services. All electric power and telephone service lines and all other utilityservices located inside the boundaries of each property, shall be underground and shallbe brought underground into each building. Fuel storage tanks shall be buried, andbutane, propane and other liquefied petroleum gas shall not be used for fuel unless thestorage facilities therefore are adequately screened or otherwise concealed to thesatisfaction of the Homeowners Association.

13. Utility Easements. Easements for utility installations or easements for drainageare reserved and are shown on the plat of the area, and no structure shall be placed orpermitted to remain within the limits of the easement which may danger or interferewith the purpose of the easement. The landscaping of the easement area, however shallbe maintained by the owner of the property.

14. Riding-Hiking Trails and Nature Areas. No motorized vehicles of any kindshall enter or ride upon any trail, drainage easement, utility easement, nature area, orroadside. Motorcycles, scooters, etc. are prohibited from operating in this subdivisionexcept as follows: on pavement or driveways by licensed operators and only if legallyequipped for operation on public streets.

15. Approval of Plans. No buildings shall be erected, placed or altered on any lot,until the construction plans and a plan showing the location of the structure on the lothave been approved by the Homeowners Association as to quality of workmanship andmaterials, color and texture of all exterior surfaces, the likeness and similarity to areaand other structures on the property, and as to location with respect to topography andfinished grade elevation. Failure of the Homeowners Association to approve or denysuch plans and specifications in writing within 30 days from the date of the same aresubmitted shall constitute an automatic approval of same. An architectural committeemay be established by the Homeowners Association which committee shall have thefollowing duties and authority;

Approve or deny plans and specifications, including plot plans, as being inconformity with the terms and conditions hereof and to issue an approvalf denialnotice of conformity and/or any variances requested by the lot owner.

16. Violation, Right to Lien. In the event of a violation of these restrictivecovenants, the Homeowners Association shall give notice in writing to the homeownerof the violation. Such notice shall allow at least fifteen (15) days for the correction ofsuch violation. After the expiration of the period designated for correction of theviolation, the Homeowners Association may correct the default at its expense in whichcase the property shall be subject to a lien for the amount expended in correcting suchdefault. Such lien shall be perfected upon the filing in Volusia County Public Records ofa claim of lien signed by the Homeowner Association or its attorney setting forth thedescription of the property, the amount of the lien, and the nature of the violation. Allsuch liens shall provide for interest at the rate of ten (10) % per annum from due dateplus costs and attorneys fees for collection. A certificate by the Secretary of theHomeowners Association that no such lien exists as to any lot shall be binding andconclusive on all parties.

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17. Property Owners Association. A property owners association to be known asthe" A Quiet Place In The Country Inc." and referred to normally as the Home OwnersAssociation, whose primary purpose shall be to maintain the overall appearance of thesub-division, the common areas, equestrian trails and recreational easements. All newland and home owners will become members of the association. Each lot shall have onevote in all matters and unless set forth in the association charter or by-laws shall providethat failure to pay such dues/maintenance fee within 30 days from the due date shallentitle the association to place a lien on the property for the payment of the same in themanner set forth in paragraph 16 above, In no event shall the dues/maintenance feeexceed $70.00 per year through the end of 2008. Thereafter the dues/maintenance feemay not be increased more than ten (10)% per year except by unanimous approval of theassociation members.

18. Binding. These covenants are to run with the land and shall be binding on allparticipating parties and all persons claiming under them for a period of twenty (20)years from the date hereof, after which said covenants shall automatically extend forsuccessive periods of ten (10) years, unless an instrument signed by a majority of thethen record owners of lots has been recorded agreeing to change the covenants in wholeor in part.

19. Enforcement. In the event of a violation of these covenants, it shall be lawful forthe Property Owners Association or any person owning a lot within the subdivision toprosecute and proceedings at law or in equity to enforce these covenants or to recoverdamages for the violation of same.

20. Severability. If anyone or more of these restrictions should be declared invalid bya court of competent jurisdiction the remaining restrictions not fully expressly held to beinvalid shall continue unimpaired and in full force and effect.

21. Amendments. The Home Owners Association has the right to modify theCovenants and Restrictions that have been filed with the County of Volusia. Allamendments must be approved by a majority of the property owners present at theannounced meeting in which any amendments are to be voted upon.

Rev 8.30.08