WEKIVA VILLAGE HOMEOWNERS ASSOCIATION Rules & Regulations, Feb. 2014

Transcription

1 WEKIVA VILLAGE HOMEOWNERS ASSOCIATION Rules & Regulations, Feb Table of Contents Item Page References 2 Introduction 2 General 3 OBLIGATIONS 3 RESPONSIBILITIES 3 MANAGEMENT COMPANY 3 NOISE, ALCOHOL, FIRE WORKS, FLAGS 3 TRASH & RECYCLE CONTAINERS 4 ADDITIONAL RESTRICTIONS 4 ASSOCIATION EMPLOYEES 5 TOWN HOME OCCUPANCY & GUESTS 5 ANNUAL MEETINGS & BOD MEETINGS 5 Dues Collections/Fines/Liens 6 Common Areas 6 Pool Area & Pool Keys 7 Homeowner Directory & Gate Codes 7 Landscape 7 Web Site 8 Newsletter 8 Vehicles & Parking 8 GENERAL 8 RESTRICTIONS 8 GUEST PARKING 9 Pets 9 Architectural Control 10 Welcome Committee 11 Disputes 11 Annexes: A. Association Administrative Manual B. Dues Collection 1

2 C. Covenant Compliance Committee Operation D. Pool and Bathroom Keys and request form E. Directory and Gate Code Procedures and Forms. F. Architectural Review Board Procedures and Forms G. External lighting H. External Antennas I. Welcome Committee WEKIVA VILLAGE HOMEOWNERS ASSOCIATION Rules & Regulations (Revised) REFERENCES: 1. Declaration of Covenants, Conditions and Restrictions for Wekiva Village, recorded on September 15, 2000 in Official Records Book 6088, page Public Records of Orange County, Florida 2. First Amendment to Declaration of Convents, Conditions and Restrictions for Wekiva Village, recorded on July 24, 2002, in Official Records Book 6574, page 3365 of the public records of Orange County, Florida. 3. Certificate of Second Amendment to the Declarations of Convents, Conditions and Restrictions for Wekiva Village, recorded on May 2, 2005 in Official Records Book 7946, page 3540 of the Public Records of Orange County, Florida. 4. Certificate of Third Amendment to the Declaration of Covenants, Conditions and Restrictions for Wekiva Village, recorded on April 12, 2007, in the Official Records Book 9209, page 999 of the Public Records of Orange County, Florida. 5. Articles of Incorporation of Wekiva Village Homeowners Association, Inc., dated September 20, 2000 and filed on September 21, 2000 with the Florida Secretary of State under number N Bylaws of Wekiva Village Homeowners Association, Inc., A Non- Profit Florida Corporation, dated December 28, 2000 and recorded on January 29, 2001 in Official Records Book 6181, Page 3610 of the Public Records of Orange County, Florida. 7. Certificate of First Amendment to the By-Laws of Wekiva Village Homeowners Association, Inc By Amending Article IV, Section 11 Thereof recorded on November 11, 2004 in Official Records Book 7689, Page 156 of the Public Records of Orange County, Florida. INTRODUCTION: 2

3 1. These Rules & Regulations replace the previous Rules & Regulations, undated but published in 2002, and all Amendments and Changes thereto in their entirety. 2. These Rules & Regulations are in addition to the above references but do not replace or modify the above references. In the event of a conflict the above references and Florida Statutes govern. 3. These Rules & Regulations have been approved and promulgated by the Association Board of Directors in accordance with the authority granted in reference 1 above. They are designed to make living in Wekiva Village a more pleasant, comfortable and safe experience. In choosing to live together in a restricted community all of us have accepted certain obligations. Among those obligations are compliance with the above References and the adopted Rules and Regulations. The need for Rules & Regulations most frequently arises when we are inconsiderate of the rights of others in our community. We should all realize that the restrictions contained in the above references and these Rules & Regulations are for our mutual benefit. The Board of Directors asks for your cooperation and compliance. GENERAL; 1. OBLIGATIONS. Each homeowner in Wekiva Village has accepted the obligations inherent in a deed restricted community. Each homeowner, resident, guest or lessee is obligated to comply with the Community Governing Documents to include these Rules & Regulations. These obligations include, but are not limited to, precluding any activity that is in violation of the Governing Documents or any ordinance, law or statute of any government body having jurisdiction over Wekiva Village. Elected members of the Homeowners Association Board of Directors have an obligation to enforce the Association Governing Documents. 2. RESPONSIBILITIES. Each homeowner is responsible for the maintenance, repair and appearance of their town home with the exception of those items specifically listed in the above references as common property and thus the responsibility of the Association. (Homeowners are reminded that any change to the external appearance of the town home or surrounding property requires approval of the Architectural Review Board.) Homeowners are responsible for any and all costs of any maintenance, repair or replacement necessary as a result of neglect, carelessness or willful act by any homeowner, member of a homeowner s household, guest, lessee, employee or agent. This includes any increase in insurance rates occasioned by use, misuse, occupancy, or abandonment of the town home. Each homeowner is fully responsible for their guest, lessee or lessee guest. Any violations by lessee or guests will be deemed a violation by the homeowner. 3

4 Each homeowner shall obtain and maintain in force and effect at all times a policy of fire and other casualty insurance with coverage adequate to cover the full cost of any repair or reconstruction of the improvements on their town house lot. See Reference 2 above for details. 3. MANAGEMENT COMPANY. The Association has entered into an Agreement with a Management Company to assist in the management of Wekiva Village and to act as an Agent for the Association. In general terms the Management Company will provide a repository for the Association official records, receive and maintain all correspondence addressed to the Association, act as liaison with others having business with the Association, assist in enforcing Association Governing Documents, receive, deposit and account for Association funds, prepare monthly financial statements for the Association and similar duties. Contact information for the Management Company may be found on the Association Web Site. 4. NOISE, ALCOHOL, FIRE WORKS, FLAGS. No owners, residents, lessee or guests shall create noise of such volume or duration or any other type of activity that will disturb other residents and/or guests. No one who is under the obvious influence of alcohol or drugs shall be allowed to use the common areas. The presence, use, detonation or discharge of fireworks in Wekiva Village is prohibited unless such display of fire works is sponsored by the Association. The American Flag is authorized for display in Wekiva Village. It is suggested that the flag be no larger then 48 inches by 30 inches and attached to the front of the town home by a bracket and a staff not longer then 48 inches. The flags which represent the United States Army, Navy, Air Force, Marine Corps or Coast Guard may also be displayed on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day Flagpoles mounted on the ground are not allowed. The flags must be displayed in a respectful manner. 5. TRASH & RECYCLE CONTAINERS. These containers may be placed at the curb for pickup no more then 24 hours before a scheduled pick up. These containers must be moved out of sight within 24 hours after a pick up. 6. YARD AND SEASONAL DECORATIONS: Homeowners and tenants are free to place yard/holiday/seasonal decorations. Any permanent decorations should not interfere with yard maintenance activity and not be offensive in nature. Holiday and seasonal decorations should follow similar guidelines. In general, temporary decorations should come down within a week of the end of the holiday or event they commemorate. In the specific case of Christmas/seasonal decorations (the two can coincide), these should all be removed no later than February 1. 4

5 7. 8. ADDITTIONAL RESTRICTIONS. Outdoor grilling is not allowed in front of buildings or on driveways. Grills will not be left outside the rear of the town homes after use unless they are on grill pads that have been approved by the ARB. Patios and porches are not to be used for storage of items including, but not limited to, appliances, extra furniture, garbage cans or pails, boxes and similar items. Laundry shall also not be placed on patios or parcels. No part of the complex, including the area at the front entrance that borders on Piedmont Wekiva Road, may be used for signs or any other form of advertising for sales, rentals, garage sales or similar activities. The exception is the small Association provided box mounted near the gate which may be used for home sale flyers. Hurricane protection may be added to the town homes if approved by the ARB subject to the following restrictions. No covering shall be allowed that projects more then 6 inches from the building exterior. All coverings shall be painted to match the building existing colors. Use of plywood is not an approved method of protection. Any damage done by attaching plywood shall be repaired at the owner s expense. 9. ASSOCIATION EMPLOYEES. The Association has a variety of employees for the upkeep and operation of Wekiva Village. These employees operate under the supervision of the BOD or the contracted Management Company. These employees work for the Association and not for individual home owners. Association employees or sub-contractors are not permitted to perform personal services for homeowners while working for the Association. Homeowners shall not attempt to direct, criticize or reprimand Association employees or sub-contractors. Comments concerning the work or conduct of Association employees or subcontractors may be submitted in writing to the Association BOD for appropriate action. 10. TOWN HOME OCCUPANCY and GUESTS. No unit shall be used or occupied for any purpose other than a single family residence. The term single family means one or more persons occupying a single residence provided that unless all members are related by blood, marriage or adoption, no such single family shall contain over two unrelated adults. No owner, tenant or other occupant of a Townhouse shall lease less than the entire Townhouse or lease a Townhouse for a period of less than one (1) month. No Townhouse owner or his or her representative shall lease a Townhouse under terms that violate any provision of the Association Governing Documents or any Local, State or Federal law. (See Reference 4 above for details). Violations by a lessee shall be considered a violation by the Townhouse owner. Owners are 5

6 encouraged to make certain that lessees are familiar with and provided a copy of the Association Governing Documents. 11. ANNUAL MEETING and BOD MEETINGS. An Annual Meeting of the Association shall be held in January of each calendar year. All homeowners shall be notified 15 to 30 days prior to this meeting. The primary purpose of this Annual meeting is to elect members of the Association Board of Directors, to vote on any proposed changes to the Association Governing Documents and to address any other issues that require a vote of the members. Voting guidelines and restrictions are contained in the above references. BOD Meetings shall be held at a frequency determined by the BOD. (Currently they are held every other month). The purpose of the BOD Meeting is to conduct such business as is necessary for the proper operation of the Association. Homeowners shall be notified of these meetings and invited to attend. The Official Minutes of these meetings are filed in the Minute Book maintained by the Association Management Company. Unofficial Minutes are available on the Association Web Site for the convenience of the Homeowners. See Annex A, Administrative Manual, for details on the conduct of these meetings. DUES COLLECTIONS/FINES/LIENS. The BOD has the authority and responsibility to set and collect the dues necessary to operate Wekiva Village. Annual dues will normally be set in October/November for the following year. Home owners will receive a formal notification at least 14 days prior to the BOD meeting at which a Board vote on dues for the following year will be taken. Failure to pay the approved dues or assessments may result in interest and late payment fees being levied against the homeowner. The BOD may also refer the failure to pay issue to the Association Attorney for action to file a lien against the appropriate town home. See Annex B for the Association Dues Collection Policy. The BOD also has the authority to refer homeowners the Covenant Compliance Committee (CCC) for violations of the Association governing documents. The CCC has the authority to levy fines for violations. See Annex C for CCC operation. COMMON AREAS: 1. COMMON AREA. Common Areas are all areas controlled by the Association and designated for use by all residents. It generally includes all areas not specifically deeded to a homeowner. In order to maintain the common areas for the enjoyment of all residents the following restrictions apply: A. Common areas and/or elements shall not be defaced, obstructed, littered or misused. Gates, fences, trees, electrical boxes, etc. are not to be used for any purpose other then their intended use. 6

7 B. There shall be no storage of resident belongings on or in any part of the common areas. This includes strollers, playpens, wading pools, bicycles, toys, lawn furniture, etc. C. Sidewalks are restricted to use by pedestrians and small children on bicycles or tricycles. D. Ball playing is not allowed on sidewalks or against buildings. Portable basketball hoops may be used in driveways but must be stored out of sight when not in use. Play shall not create such noise as to disturb neighbors. Basketball hoops and backboards may not be attached in any way to the Townhouses. Parents, due to the proximity of the street to the driveway, are cautioned to properly instruct their children on safety. E. No skateboard or bicycle ramps are allowed on the property. F. Bicyclist must obey all the rules of motor vehicles. G. Children under the age of thirteen (13) must be accompanied by a responsible person eighteen (18) or older when using the common areas between one hour after sunset to 8:00 AM. 2. POOL AREA AND POOL KEYS. The pool and area around it are for the use and enjoyment of all residents and authorized guests. Behavior, such as excessive noise, splashing, etc., that disturbs other pool users is not allowed. A. Homeowners and Residents are advised and cautioned that there is no lifeguard on duty at the pool. Homeowners, residents and guests use the pool at their own risk. B. Pool area rules are displayed at the gated entrance to the pool area. Those rules are incorporated in this document by reference. C. Homeowners are requested to assist in maintaining the pool area appearance. Clean up after yourselves. If pool furniture is moved return it to its proper location when you leave. D. The pool area and restrooms are locked. Keys should have been provided to each homeowner when their town home was purchased. Master keys are maintained by the Welcome Committee. Homeowners may obtain a master key from the Welcome committee Chair for a short period of time so that they can have keys reproduced. See Annex D. Pool and Bathroom Keys for procedures and forms to obtain the keys. E. Homeowners may reserve the pool area for limited periods (~ 3 hours) for private functions. When reserved the homeowner must be present. The homeowner is responsible for immediately cleaning up the area after the function. All of these restrictions apply to include a limit of 15 persons in the pool area. Functions must be over by 8:00 PM on Sunday through Thursday and by 10:00 PM Friday and Saturday. 7

8 Activity noise must not disturb other residents. Barbequing is not allowed in the pool area. HOMEOWNER DIRECTORY and GATE CODES. A homeowners and residents directory is currently maintained and published by the Association volunteer Newsletter Editor. The Directory serves as a management tool for the Association and as a source of information for the homeowners. An updated Directory is distributed every other month. Homeowners may opt to not have and phone numbers included in the Directory. The Newsletter Editor also maintains and controls the Wekiva Village Gate access codes. Homeowners should receive a form to request a Gate code when they close on their Town Home, Forms can also be obtained from the Welcome Committee or found on the Association Web Site. See Annex E for Directory and Gate Code procedures and forms. LANDSCAPE. The Wekiva Village landscape, (trees, lawn, bushes, flowers, etc), is maintained by the Association. The appearance of our landscape is important to the overall quality of Wekiva Village and property values and requires the cooperation of all residents. Actions by residents that harm the landscape, such as blocking sprinklers, killing lawn areas, etc are not allowed and could cause repair costs to be levied against individual residents. Vines shall not be allowed to grow on buildings. Homeowners or residents wishing to modify the landscape on their individual town home lots must obtain permission from the Association Architectural Review Board (ARB). Any plants or other landscape changes or lawn decorations put in by individual homeowners or residents must be maintained by those homeowners or residents. Failure to maintain the proper appearance could cause these plants or other changes to be removed at the homeowner s expense. WEB SITE. For the convenience of the Homeowners the Association maintains a Wekiva Village Web Site. The URL for this Web Site is www,wekivavillage.com. Some sections of the Web Site are for homeowners only and are password protected. To access the protected section the user name is resident and the password is forwvonly. This Web Site has a wealth of information for residents and homeowners. Unofficial copies of the Association Governing Documents, meeting minutes, Association Policies, etc. are posted on the Web Site. Homeowners may also use the Web Site to communicate with the Association Officers, BOD, Management Company and others. The Web Master is currently one of our volunteer homeowners. NEWSLETTER. As one of several ways that are used to keep all residents informed a Newsletter is published and delivered every other month. It is also distributed via . Effective in February 2008 the Newsletter will become a Quarterly publication with provisions for special editions as deemed necessary. The newsletter has information of general interest to homeowners and residents and has a section for residents to communicate with other homeowners. The Newsletter Editor has sole discretion on what is published in this section. VEHICLES & PARKING. 8

9 1. General: See Reference 4 above. Wekiva Village Lane is a narrow street and Wekiva Village has a number of pedestrians, children and pets on and near the street. The purpose of these restrictions is to first create a safe environment for all our residents and guests. The purpose is also to maintain a pleasant appearance in Wekiva Village and to preclude the problems associated with congestion. It is important to our neighborhood that all residents and guests abide by these vehicle restrictions and by the posted speed limits. 2. Restrictions: A. Only vehicles less then 84 inches wide and with a wheel base of less the 120 inches may be parked on the property unless such vehicles are there for a short period of time for service or maintenance of a townhouse or lot or for pick up or delivery. B. No RVs or travel trailers shall park overnight in Wekiva Village. C. No trucks, vans, trailers or similar vehicles may be parked on the property outside of their garage if they contain visible tools, construction equipment or supplies, ladders, camper tops, has side boxes or racks for transporting tools and equipment, etc. or have an apparent business use, such as commercial signage. D. No boats, jet skis, nor trailers may be parked or stored in Wekiva Village except completely in an owner s garage. E. No parking is allowed on the street, sidewalks or with any part of the vehicle on any grassy areas. No parking is allowed in front of the lift station at the West end of Wekiva Village. F. Reference 1 above allows parking of the vehicles listed in 2A, 2B, 2C, and 2D if the are completely screened by fence, wall or landscaping from view from outside the lot. It must be noted that current architectural standards do not allow such fences, walls or landscaping. G. Neither disabled vehicles (flat tires, on blocks or jacks, not operable for any reason) nor vehicles in obvious need of repair or without current tags shall be parked in any part of Wekiva Village outside an owner s garage. H. Only minor repairs, such as tire changing, shall be allowed outside an owner s garage I. Vehicles leaking oil or other fluids (excessive puddling) must be fixed within 48 hours. Staining or discoloring caused by such leaks will be cleaned by the owner at the owner s expense. 3. Guest parking: Guests may park in the owner s parking space with the owner s permission or at the guest parking area at the West end of Wekiva Village Lane. Parking in the pool parking area is limited to pool users. The guest parking area is not to be used by residents, except that it may be used for short periods when town home driveways are being cleaned or must be cleared for similar reasons. 9

10 PETS: See Reference 4 above. Pets are allowed in Wekiva Village, however, restrictions apply. The BOD, at their sole discretion, may require a pet or pets be removed if in their opinion the pet or pets become a nuisance or danger to other residents. Restrictions: 1. Only customary pets such as dogs, cats or small marine animals in aquariums are allowed. No livestock, poultry or similar animals are allowed. No animals may be kept for breeding purposes or for commercial activity. 2. No dogs over 35 lbs, normal bred weight, are allowed without approval of the HOA. 3. No pets allowed in the pool area. 4. Animals must be on a leash at all times when outside. 5. Owners must clean up after their pets. 6. Pets may not be tied outside. Pets on the patio that become a noise nuisance must be controlled. 7. No more then two dogs or two cats or one of each shall be kept on a townhouse lot. 8. The owner and keeper shall be responsible for the behavior of their animals. ARCHITECTURAL CONTROL. See Annex F for Architectural Review Board procedures and request forms. 1. Homeowners may not make or allow any change in the exterior appearance of their town home or make any structural change to the interior of the town home except the removal or erection of non load bearing partitions without written approval by the Architectural Review Board (ARB). Items prohibited include, but are not limited to, painting or otherwise changing the appearance of any exterior wall, or any exterior surface; place any sun screens, blind or awning on any townhouse window or door opening; place any draperies or curtains at the windows of the townhouse without a solid, light colored liner facing the exterior; tint or otherwise color or apply anything to a window that will adversely affect the uniform exterior appearance of the townhouse in the opinion of the ARB; plant any plantings outside the townhouse interior; erect any exterior lights (See 3 A. below and Annex G for a security light exception.) or signs; place any signs or symbols on windows or on any exterior surface; erect or place any structures or fixtures outside the townhouse interior. 2. If a homeowner requests and receives approval for any changes or additions the home owner assumes the responsibility for maintaining the change or addition. For example, any plantings approved for a town house lot will not be maintained by the Association lawn care company and must be cared for by the owner. 3. Guidelines for some of the changes that may be requested: 10

11 A. Permission may be requested to add external safety and security lights to the rear of a town home. See Annex G for acceptable standards for the lights. B. Homeowners may request permission to add rain gutters and down spouts. The gutters shall be 7 inches and slate white aluminum and the down spouts shall be antique white. Splash blocks are required. C. Any screened enclosure of the rear patios shall be uniform in appearance with those added by the developer. They shall be white aluminum, charcoal screening and white aluminum splash guards. D. Antennas. In accordance with the Telecommunications Act of 1996 external antennas for Satellite Dish Antennas, Wireless cable antennas and Exterior TV antennas are allowed. Restrictions apply. See Annex H for guidelines and restrictions. E. Grill Pad request may be submitted to the ARB for approval. The Grill Pad, as an extension of the patio, may not extend more then 54 inches from the home and may not be more 10 feet in length parallel to the home. It is to be constructed of 16 X 16 X 2 patio stones. The stones should be laid on compacted builders sand and must not be permanently bonded together. Patio stones may not be placed in such a manner as to interfere with the irrigation system. F. Window Air Conditioners are not allowed. Any old air conditioners that have been replaced must be removed by the home owner. 4. Licensed contractors. Only licensed and properly insured contractors are allowed to work in Wekiva Village. Home owners are cautioned to check contractor s license and proof of insurance. 5. Permits. Approval of a homeowner s request is not the same as obtaining the required permits from the appropriate State, County or local authorities. Obtaining the appropriate permits is mandatory and is solely the responsibility of the homeowner. 6. Unauthorized changes. The BOD may require the homeowner to remove or upgrade any unauthorized changes. The removal or upgrade will be at the homeowner s expense. Welcome Committee. Wekiva Village has a volunteer Welcome Committee. The purpose of this Committee is to welcome new homeowners or residents to Wekiva Village and to assist them in settling into our community. See Annex I for Welcome Committee operation and procedures. Disputes. 1. It is expected that disputes will occur between neighbors or between home owners/residents and the Association or its Management Company. It is hoped that these disputes will be rare and when they do arise that they can be amicably resolved in a calm and mature manner. 11

12 2. Disputes between neighbors are best resolved by a mature conversation between neighbors. The Association will not become involved in neighbor to neighbor disputes unless the dispute involves a violation of the Association Governing Documents. Home owners/residents can avail themselves of assistance by civil authorities if the dispute involves violation of civil ordinances, such as excess noise or animal problems. 3. In the event of a dispute involving the Association Governing Documents home owners/residents are requested to put the issue in writing and send it to the Association. 12