As a homeowner it is important for you to understand the limitations placed by our Declarations. You can read the declarations in full on the Governing Documents page. Here we have summarized important points for you.
General
Termination of Declaration: The Declaration can only be terminated by Florida Law or 90% of Homeowners in the community.
Amendments to Declaration: Requires a majority of the board & 2/3 of Homeowners at a meeting with quorum. Amendments are effective as of their recording.
Withdrawal: The association can dedicate land to government entities, but otherwise, cannot remove land from the community
Lot Integrity: No portion of any Lot or Parcel shall be divided or subdivided. (Homeowners cannot sell pieces of their land. It must be sold in totality.)
Membership: Upon purchase of a lot, the owner shall become a Member of the HOA with 1 Membership per Lot.
Delegation: The HOA may delegate obligations and powers to a licensed Community Association Manager.
Community Publications: By purchasing property in the community, owners consent to the HOA's publication and distribution of their photographs in community newspapers, newsletters, websites, and other publications.
Common Area Ownership: Common areas shall be owned, operated, insured, maintained, repaired, replaced, and administered by the HOA.
Rules & Regulations: The HOA has the right to adopt supplemental rules & regulations governing the community.
Recording of Rules: There is no obligation by the HOA to record any changes to rules and failure to record a rule shall have no impact on the enforceability of the rule.
Assumption of Risk: Each Person accepts and assumes all risk & responsibility for noise, liability, injury, and/or damage connected to use of Common Areas & releases the HOA from all claims related to their use.
Feeding Wildlife: Feeding wildlife is prohibited within any waterbodies or adjacent to the community.
Key Access for Renters: Owners renting their home must immediately surrender all previous Access Cards to the association and the owner's right to an access card is delegated to the renter.
Mailboxes: Owners will not be allowed to install individual mailboxes.
Improvements Outside the Community: The Association shall operate, insure, maintain, repair and replace properties, facilities and/or improvements which lie outside of the Community but which either serve the Community or are the responsibility of the Community
Wetland Conservation Areas: Wetland Conservation Areas may not be altered from their natural or permitted state. No Owner shall enter or take any actions (including mowing or removal of vegetation deemed a nuisance) on Wetland Conservation Areas.
Negligence & Other Actions by Owners: The cost of any maintenance, repair, replacement, construction and/or reconstruction of any portion of the Community by the negligent and/or willful acts/omissions of an Owner or Owner's Invitees, shall be borne solely by such Owner.
Fences: Refer to ARC Guidelines regarding fence designs.
Liability of Directors, Officers, & Committees: The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise. They shall have no personal liability for action taken, in good faith, on behalf of the HOA.
Suspension of Access to Common Areas: The HOA maintains the right to suspend an Owner's access to Common Areas.
Relinquishment of Owner's Rights: Owners with a lot under lease relinquish all rights to use the Common Areas. However, it does not relieve owner of obligations as an HOA member.
Encroachment by Common Property: If an improvement to a common area encroaches on any lots, then a non-exclusive easement to the encroachment shall exists as long as the encroachment remains.
Architectural Review Committee: Establishes the ARC, policies, & procedures. See Architectural Process.
Franchises/Concessions: The HOA may grant commercial franchises/concessions use of Common Areas to conduct business.
Sale of Home/Lot: No Owner may transfer title to a home/lot/parcel until owner is current in payment on all assessments.
Dissolution of HOA: If HOA is dissolved all lots shall continue to be subject to the Governing Documents.
Authority of Board: Except when a membership vote is required, all decisions may be exercised by a majority of the Board. Owners shall be bound by these decisions.
Interpretation of Board: The Board is responsible for interpreting the Governing Documents. At request of 67% of owners, the HOA legal counsel shall validate interpretation of Governing Documents.
Navigable Retention Pond
Ownership: The Navigable Retention Pond shall be owned and operated by the CDD as part of the CDD Facilities.
Rule Modification: The Board reserve the authority to revise and/or modify the rules and regulations governing the use of the Boat Ramp and Boat Lift by amendment to the Declaration & shall not require the approval or consent of any person or entity whatsoever.
Restriction of Use: The HOA and Compliance Committee reserve the right to immediately restrict use of, or access to, the Boat Ramp and Boat Lift.
Prohibited Watercraft: Jet skis, motorized personal watercraft, and air boats are expressly prohibited from the Navigable Retention Pond. Such boats may not exceed 26 feet in length and IO feet in height, nor 12,000 pounds.
Watercraft Speed Limit: The Navigable Retention Pond is a no wake zone and boats are not permitted to travel more than five (5) miles per hour.
Boat Fueling: No fueling is permitted for boats located on or within the Navigable Retention Pond.
Boat Storage: Boats must be stored in a Home's garage or securely hoisted and removed from the Navigable Retention Pond on a Private Dock.
Boat Repairs: Only light duty maintenance of boat engines is permitted
No Discharge: There shall be no discharge of fish, fish bait, yard waste, grass clippings, fertilizer, pesticides, fishing line, plastic bottles, balloons, children's toys, sanitary waste, or contaminated bilge water, or similar debris, into the Navigable Retention Pond
No Beaching: No boats or other watercraft may be beached along the shoreline or any swale comprising the Navigable Retention Pond.
No Swimming: Swimming is prohibited in the Retention Pond.
Docks: Owners on waterfronts can build personal docks with ARC approval and dock license issued by HOA.
Removal of Docks: If a dock requires removal to repair damage to the HOA/CDD maintained property, owners will be assessed the cost of removal/replacement.
Obstruction of Pond: No portion of the Retention Pond may be obstructed or encumbered by Owners.
Water Levels: Each owner acknowledges the water levels may vary & have no guarantees for aesthetically pleasing or constant water levels.
Access to Waterways: Owners do not have a right or guarantee for waterway access and shall be subject to Rules & Regulations.
Waterbody Slope: Owners may not impact waterbody slopes with landscaping, fences, or other structures/improvements.
Home Maintenance
General: Each Owner shall maintain their home lot.
Pressure Washing: Owners shall pressure cleaning of their lot within 30 days of receiving notice from the HOA.
Painting: Owners shall paint the exterior surfaces of their home & fencing within 45 days notice from the HOA. Color changes are subject to ARC approval.
Wells: No Owner shall dig or install nay wells, pipes, or other equipment which draw water from groundwater or the Surface Water Management System.
Drainage: There shall be no change to level of land or condition of soil which changes the draining of surface water.
Yard & Fence Maintenance: In event of a failure to properly maintain the landscaping, including those that border fences, the HOA has the right to complete the maintenance. The cost of maintenance + a charge of $250 will be assessed to the owner.
Driveways/Walkways: Owner is responsible for timely repair and maintenance of driveways & walkways on their lot. No surface applications such as coatings (paint, oil and/or stain) shall be permitted without ARC approval.
Insurance
Insurance Types: The HOA is required to maintain the following Insurance: Flood Insurance (if appropriate), Liability Insurance, Property Insurance, Directors & Officer's Liability Insurance, Workers Compensation (if required by law), Fidelity Insurance or Bond
Proof of Insurance: Insurance policies shall be supplied to owners of lots upon request.
Owner Insurance: Each owner is required to maintain insurance
Requirements to Reconstruct or Demolish: If a home is destroyed, the owner shall commence repair/reconstruction or clear debris and maintain a clean lot. Repairs must begin within 30 days of receiving insurance proceeds and completed within 6 months.
Assessments & Budget
General: Through purchase of a lot, all owners have agreed to pay assessments & charges to the HOA.
Special Assessments: Except in an emergency situation, any Special Assessment exceeding twenty percent (20%) of the annual budget for the fiscal year shall require the approval of a majority of the Owners.
Individual Assessments: Assessments can be levied solely against a single owner (or group) to cover special services provided by the HOA, to bring lots into compliance, to recoup damages, and cover administrative costs.
Association Estoppel Certificates: No owner shall sell or transfer a lot until all sums due the HOA has been paid in full and an estoppel certificate has been issued.
Lien: Owners agree that all assessments & charges shall be a continuing lien encumbering the lot.
Purchase by HOA: The HOA is authorized to purchase lots at foreclosure sales but shall not vote on its behalf or pay assessments on the property.
Right to Cure Defaults: The HOA has the right but not obligation to cure a mortgage default on behalf of an owner and assume the rights of the Lender.
Late Fees: Assessments not paid within time established by Board, a $25 late fee or 5% of the delinquent amount (whichever is greater) or greater amount may be levied.
Lender Rights: Each Lender may request that the HOA notify them of any default of an owner.
Application of Payments: All payments shall first apply in the following order: fines, interest, late fees, expenses/costs, attorney fees, and delinquent assessments.
Budgetary Notice: The Board shall send a notice of the amount of the Regular Assessment for the coming year to each Owner at least thirty (30) days prior to the beginning of the fiscal year. The Board shall provide a copy of the budget or amended budget to any Owner upon written request by such Owner.
Disapproval of Budget: The budget shall automatically become effective unless disapproved at a meeting by Members representing at least seventy-five percent (75%) of the total votes.
Failure to Adopt a Budget: If the Board fails to adopt a budget or the budget is disapproved, the budget in effect for the immediately preceding year, increased by five percent (5%), shall continue for the current year
Violation Enforcement
Cure of Violations: In event of violation of any Governing Documents, the HOA shall notify the owner in writing. If not cured within 30 days after notice the HOA is entitled to take any and all action reasonably necessary to correct the breach.
Expenses: The owner will be responsible for all costs incurred by the HOA in enforcing or correcting breach of rules or design guidelines. The HOA may also levy an administrative fee of up to 20% of all costs incurred.
Election Not to Enforce: The HOA has the right to not enforce breaches deemed minor/negligible and doing so does not waive the HOA's right to enforce the breach in the future.
Enforcement by Owners: Owners within the community have the right to enforce compliance by other owners in breach via litigation. The owner in breach shall be responsible for litigation expenses.
Fines & Suspensions: The HOA may suspend access to Common Areas or levy fines for failure to comply with the Governing Documents. See Compliance Committee.
Right to Evict: The HOA has the right to evict non-owners from the community who violate the Governing Documents or create a nuisance for any Owner within the community. Any expenses to remove the person from the community will be charged to the Owner responsible for inviting guest to community.
Rentals/Leases
Assessments: No Owner may lease/rent a home until current on all assessments due to the HOA.
Permits: Owner must obtain all permits related to leasing property.
Leases: All leases shall be in writing and a copy will be provided to the HOA within 10 days of execution and provide: name of renter (and all other occupants), period of rental, and other information required by the HOA.
Termination: HOA has the right to terminate a lease upon breach of any of the Governing Documents by Owner or Renter.
Partial Rentals: Homes may only be leased/rented in its entirety. No single room or fraction of home may be leased.
Short Term Rentals: No Short-Term rentals/leases (such as Airbnb, VRBO, and other services). All leases must be for a minimum of six (6) months.
Number of Leases: No Home may be leased more than two (2) times in any twelve (12) month period.
Subleasing: No Subleasing.
Responsibility: All Owners are responsible for failure of renters to follow Governing Documents. Owners shall promptly remove any occupant who refuses to abide by Governing Documents.