Thunderbird Hill Homeowner Association (THHA) Villages II-III Covenant Amendments of January 2018

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1 Thunderbird Hill Homeowner Association (THHA) Villages II-III Covenant Amendments of January 2018 THHA Board Consolidation Reflecting Changes to Covenants on Jan 1997, Feb 2013, Jan 2017, and Feb 2017 and January,2018 Prepared for the THHA Board, January 2018 Marsha Kimball, Board Secretary This is not a legal document. Please consult with Highlands County Clerk s Office for Legal documentation. (

2 NOTE TO READERS OF THIS DOCUMENT The Thunderbird Hill Homeowner Association (THHA) Villages II-III was incorporated as a single entity. However, the Restrictive Covenants for Villages II and III are separate entities reflecting the process of the Villages formation in the 80 s and 90 s. There are minor differences between the two sets of covenants reflecting differences in color schemes between the two Villages. They are recorded separately at the Highland County Clerk s Office (Records Department) and each have been amended 5 times in 1997, 2013, two (2) times in 2017 and in RESTRICTIVE COVENANTS ARE THE RULES GOVERNING THE USE AND ENJOYMENT OF HOMES AND COMMON PROPERTY IN THE VILLAGES AND ARE ENFORCABLE. To obtain an up-to-date version would require considerable effort at the Highland County Clerk s Office and the Board requested that they be updated and consolidated into one document for use by: Homeowners Board Members Potential buyers Real Estate Professionals Contractors doing business in the Villages General Public THIS IS NOT A LEGAL DOCUMENT. LEGAL REFERENCES SHOULD BE OBTAINED AT THE HIGHLAND COUNTY CLERK S OFFICE ( THHA Villages II and III Bylaws also govern activities in the Villages. They may be obtained at or by request from a Board member. MARCH, 2018 THHA Board of Directors 2

3 THUNDERBIRD HILL VILLAGES II-III SUBDIVISION DECLARATION OF RESTRICTIONS, CONDITIONS, COVENANTS AND RESERVATIONS AFFECTING THUNDERBIRD HILL VILLAGES II-III SUBDIVISION, Recorded in Plat Book 14, at Page 40 (Village II) or Page 21 (Village III) Public Records of Highlands County, Florida 1. THUNDERBIRD HILL VILLAGE II, PB 14/40, shall hereafter be referred to as "THUNDERBIRD HILL VILLAGE II", and IS INTENDED FOR HOUSING OF PERSONS 55 YEARS OF AGE OR OLDER AND CLAIMS EXEMPTION FROM PROVISIONS OF FEDERAL AND STATE FAIR HOUSING ACTS REGARDING DISCRIMINATION BASED ON FAMILIAL STATUS AND OCCUPANCY OF UNITS. Each and every home placed or installed upon any lot within THUNDERBIRD HILL VILLAGE II shall be subject to the following restrictions and conditions: OR THUNDERBIRD HILL VILLAGE III, PB 14/21, shall hereafter be referred to as "THUNDERBIRD HILL VILLAGE III", and IS INTENDED FOR HOUSING OF PERSONS 55 YEARS OF AGE OR OLDER AND CLAIMS EXEMPTION FROM PROVISIONS OF FEDERAL AND STATE FAIR HOUSING ACTS REGARDING DISCRIMINATION BASED ON FAMILIAL STATUS AND OCCUPANCY OF UNITS. Each and every home placed or installed upon any lot within THUNDERBIRD HILL VILLAGE III shall be subject to the following restrictions and conditions: (a) (b) (c) (d) (e) (f) (g) No temporary structure, add-on accessory or fences may be placed on any lot without the prior written consent and approval of the Association. No clotheslines or clothes poles may be placed on any lot, except the square folding type. No Trave1 Trailers, campers or similar recreational vehicles may be stored or kept upon any residential lot unless in carport or garage for longer than forty-eight 48 hours, No derelict vehicles or trash of any description shall be kept or permitted adjacent to or upon any lot. All refuse shall be kept in containers. No repair work shall be conducted upon any residential lot, except for necessary repairs to authorized improvements on the lot and emergency minor repairs, All mail boxes shall be of a conforming nature. All lots in THUNDERBIRD HILL VILLAGES II-III are designated as residential lots which shall be used only for housing of single family Villas with a common wall, or single family dwelling. (Village III) Household pets shall not, at any time, be permitted to become a public or private nuisance, or kept for breeding purposes. The following dog breeds are not 3

4 allowed: Rottweiler, Pit Bull, Bull Mastiff, German Shepherd, and Chow. All pets must be on a leash when off the homeowner's property and must be tied when outside on the homeowner's property. (h) (i) (j) (k) All homeowners must maintain appropriate natural disaster insurance on their villa to ensure that in the event of catastrophic loss the villa can be restored to original condition. (this covenant applies to all new homeowners after date of approval)( January 19, 2018) In order that public services may be rendered within the Subdivision, a continuing perpetual easement is hereby reserved in favor of and granted to all companies providing public services and duly constituted governmental bodies having jurisdiction over the premises, including the Home Owners Association and their representative agents to enter upon and within all parts of the Subdivision for lawful purposes in rendering or affording police and fire protection, sanitation services and similar public services within the said Subdivision. Except for loading and unloading, all vehicles shall be parked off the street and roads of the Subdivision. After the recording of this Amendment, no Lot may be leased at any given time to a Third Party. Any Lot Owner engaged in leasing or subleasing activities as of the date of this Amendment shall be allowed to continue leasing or subleasing activities until said Lot is sold or conveyed to a Third Party. Any Lot Owner engaged in leasing or subleasing activity must, upon the sale or conveyance of said Lot, notify any potential buyer or person taking title that no Lot within the Homeowners' Association may be leased at any given time to a Third Party. For purposes of this provision, "Third Party" shall be defined as any Person who is not an Owner as that term is defined in the Declaration. Notwithstanding the foregoing, if an owner has resided on his or her lot for at least three (3) months, or inherited the lot or due to circumstances beyond his or her control, must cease residence on the lot, the owner may lease the Lot to a third party. 2. The following provisions with respect to lot maintenance and the recreational facilities shall prevail as to each residential lot owner and are hereby imposed as to each residential lot: (a) (b) Each owner of a lot in THUNDERBIRD HILL VILLAGE II and III, shall be a member of the THUNDERBIRD HILL VILLAGE II and III HOMEOWNERS ASSOCIATION. Each and every lot owner, by acceptance of the deed conveying title to his lot, covenants and agrees to pay to the Association a monthly assessment, $60.00(USD)/lot payable in advance on the first day of each and every month. Said assessment shall be for the projected actual and reserve fund cost for providing maintenance, services, and other maintenance and services deemed necessary by the Board; and may be adjusted annually by a vote of two-thirds ( 2/3) of those present at an Annual General Meeting or a Special Association Meeting called for that purpose. 4

5 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) The Association, its successors and assigns shall provide to each residential lot owner lawn irrigation service consisting of the operation and maintenance of an underground sprinkler system, including necessary pumps and wells. Lawn irrigation shall be provided by Association at such intervals as may be deemed necessary and convenient. In connection therewith there is hereby reserved by the Association the right to enter upon each and every residential lot for the purpose of operation and maintenance of said system. Each lot owner shall be responsible for the maintenance of that portion of the system installed for watering his lot and located thereon. Each Lot Owner shall be responsible for the maintenance of his or her own septic system. In the event that any lot owners shall fail to pay the Association assessment herein above provided to be paid in the manner and at the time hereinabove set forth, then the Association shall have a lien against the defaulting owner's lot to secure the payment of delinquent assessments and collection costs, including reasonable attorney's fees, which may be foreclosed in the same manner as mortgage liens may be foreclosed in the State of Florida: provided, however, that such lien for delinquent assessment and collection costs shall never be superior to the lien created by any first mortgage. No residential lot owner shall be excused from the payment of said assessment above provided for because of failure to use the facilities. It is further provided that all recreational facilities in THUNDERBIRD HILL VILLAGES II-III shall he owned and operated by THUNDERBIRD HILL VILLAGES II-III HOMEOWNERS ASSOCIATION, a non-profit corporation of which each lot owner is a shareholder. Each lot owner shall be permitted to utilize recreational facilities subject to reasonable use rules and regulations prescribed by the Association from time to time. The Association's assessment must be paid by lot owners even though the premises are not occupied. Assessments shall commence on the first day of the month during which the buyer takes possession of his home. Radio and/or television aerials or antennae shall be attached to, or hung from the rear exterior of the buildings or roofs thereon and must not extend above the street sightline of the building s roof. Satellite dishes may not be more than twenty-four (24) inches in diameter and must be mounted on the end or rear of roof, or if mounted on a ground tower, said tower cannot be more than (10) ten feet in height. Each owner shall, at his sole cost and expense, repair his unit, keeping the same in a condition comparable to the condition of such unit at the time of its initial construction, excepting only normal wear and tear. The outside appearance of all of the homes in THUNDERBIRD HILL VILLAGE II is to be maintained uniformly concerning color and exterior finish. The approved colors are from five color swatches in order to keep uniformity. Both 5

6 (m) (n) (o) sides of the units with a common roof must be the same exterior color and must have the same type and color of shingles on both sides of the common roof. Any changes to the outside appearance of any unit must have full written agreement of both owners within that unit. In addition, all gutters and front doors are to be dark brown. Lamp posts and lamps are to be black. The homeowner will maintain a suitable appearance regarding landscaping, driveways, shrubbery, and trimming and lawn mowing that is in harmony with the other units. The Association Director of Properties will notify the Board of Directors who will then assess the property if it is not in compliance. The Board will then take the necessary actions to inform the homeowner if his or her property is not in compliance with these requirements. (THIS CLAUSE PERTAINS TO VILLAGE II HOMES ONLY) OR The outside appearance of the units is to be maintained uniformly concerning color and exterior finishes. Any changes to the outside appearance of any unit must have full written agreement of all owners within that building. All changes to the outside appearance, including exterior paint color, must have full written agreement of all owners within that building and must be approved by the Association. The homeowner will maintain a suitable appearance regarding landscaping, driveways, shrubbery, and trimming and lawn mowing that is in harmony with the other units. The Association Director of Properties will notify the Board of Directors who will then assess the property if it is not in compliance. The Board will then take the necessary actions to inform the homeowner if his or her property is not in compliance with these requirements.(this CLAUSE PERTAINS TO VILLAGE III ONLY) An owner's obligation to repair shall include that portion of the common roof covering his unit. If any portion of the common roof is destroyed or damaged by any casualty, any owner may restore it and if the other owners benefit from said restoration, they shall contribute to the cost of restoration in proportion to the benefit received. The right of any owner to contribution from any other owner under this paragraph shall run with the land, and shall pass to such owner's successors in title. In the event of any dispute arising concerning repair or maintenance under this paragraph, such dispute shall be submitted to arbitration. Each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator. The decision of a majority of all the arbitrators shall bind the parties. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof, with all due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its condition immediately prior to the casualty. Reconstruction shall be undertaken within six (6) months after the damage occurs, and shall be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the owner or owners. Each wall built as a part of the original construction of the units upon the abovedescribed property and placed upon the dividing line between the units shall 6

7 (p) (q) (r) (s) constitute a party wall and, to the extent not inconsistent with the provisions of this paragraph, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of that wall. If a party wall is destroyed or damaged by any casualty, any owner who has use of the wall may restore it and the other common owner shall contribute a proportionate share to the cost of restoration. Notwithstanding any other provisions in this article, an owner who, by his negligent or willful acts causes a party wall to he exposed to the elements shall bear the whole cost of furnishing the necessary protection against the elements. The right of any owner to contribution from any other owner under this paragraph shall run with the land, and shall pass to such owner's Successors in title. In the event of any dispute concerning a party wall, such dispute shall be submitted to arbitration. Each party shall choose one arbitrator, and such arbitrators shall choose an additional arbitrator. The decision of a majority of all the arbitrators shall bind the parties. The obligations and other provisions included herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any unit shall not affect. The right of any owner to seek contribution from the current owner of any other unit, however, the sale or transfer of any unit pursuant to a mortgage foreclosure of any proceeding in lieu thereof, shall extinguish any right of contribution which becomes due prior to such sale or transfer. No sale or transfer pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish any owner's right of contribution becoming due after said sale or transfer. Homeowners are to put out garbage only on pickup days or the evening before. No garbage bags or garbage cans are to be left on the front porches. 3. These conditions, covenants, restrictions and reservations are imposed in order to insure proper use and appropriate development and improvements on each residential lot and of THUNDERBIRD HILL VILLAGE II and III, Communities as a whole; and to insure adequate and reasonable development of the property. 4. Each of the conditions, covenants, restrictions and reservations hereinabove set forth shall continue and be binding upon all Homeowners of THUNDERBIRD HILL Villages II-III, their successors and assigns, and upon each of them, and all parties and persons claiming under them for a period of twenty (20) years from the date of recording hereof, and automatically thereafter, for successive periods of ten (10) years each, unless terminated prior thereto by THE THUNDERBIRD HILL VILLAGES II-III ASSOCIATION. Restrictions herein may be amended by the ASSOCIATION in accordance with the rules and regulations of the Association. 5. The covenants herein set forth shall run with the land and bind the present owners, their heirs, successors and assigns, and all parties claiming by, through or under them shall he taken to hold, agree and covenant with the owners of said residential lots, their successors and assigns, and with each of them, to conform to and observe all of said conditions, 7

8 covenants, restrictions and reservations. 6. The failure of the ASSOCIATION or any of its grantees, successors or assigns, or the owner of any lot or lots affected hereby, to enforce any of the conditions, covenants, restrictions and reservations herein set forth, at the time of its violation, shall in no event be deemed a waiver of the right to do so as to any subsequent violation. The violation of these covenants, conditions, restrictions and reservations shall not defeat nor render invalid the lien of any first mortgage made in good faith and for value. 7. The invalidation of any of these conditions, covenants, restrictions and reservations or any part thereof, by judgment, court order or otherwise, shall in no way affect any of the other provisions, which shall remain in full force and effect. 8. These DECLARATIONS OF RESTRICTIONS, CONDITIONS, COVENANTS AND RESERVATIONS AFFECTING THUNDERBIRD HILL VILLAGE III SUBDIVISION may be amended at any special or general meeting or annual meeting of the properly notified membership called for that purpose by a (2/3) two-thirds affirmative vote of those cast in person, absentee ballots or by proxy. 8