The Villas at Emerald Lakes

Transcription

1 The Villas at Emerald Lakes ARCHITECTURAL GUIDELINES A Guide Published by the Board of Directors Emerald Lakes Villas Homeowners Association, Inc SE Windsong Lane Stuart, Florida June 29, 2017

2 All residents benefit from the planning and design that has been the basis of the development of Emerald Lakes Villas. The intent of this Guide is to assure residents that the standards of design and quality will be maintained, which protect property values and enhance Emerald Lakes Villas overall environment. An essential element of Architectural Control is the recognition by all homeowners of the importance of maintaining the general plan of development of the Community. This should be viewed as a benefit and not a burden to the Community. INTRODUCTION TO THE ARCHITECTURAL REVIEW BOARD PURPOSE The Declaration of Covenants and Restrictions (Declaration) of Emerald Lakes Villas assures each Owner that the quality of Emerald Lakes Villas design will be maintained. The Homeowners Association Board of Directors is responsible for administering the Declaration and providing administrative support to the Architectural Review Board (ARB). The ARB must insure that exterior alterations on Emerald Lakes Villas comply with the provisions in Articles 7, 8, and 9 of the Declaration and this document. ALL requests for exterior alterations must be submitted to the ARB and its approval received before they may be undertaken. The purpose of this Guide is to inform the homeowners of the Design Requirements for the Emerald Lakes Villas and the procedures to be followed when requesting an exterior modification to their property. Each application received by the ARB will be evaluated on its own merits with reasonable flexibility for architectural function and creativity. AUTHORITY The authority for the ARB is set forth in ARTICLE 9 of the Declaration & Article XI of the Bylaws of the Association, received by all homeowners when they purchased their homes and acknowledged by each homeowner at that time. The Declaration encompasses all of the homes within Emerald Lakes Villas. The Declaration is a contract between the homeowners and the Association, wherein each homeowner agrees to refrain from making any modifications to the exterior of the home and property without first receiving approval from the ARB, which is responsible to the Board of Directors of the Association. The Board, elected by the homeowners represents the homeowners of Emerald Lakes Villas. MEMBERS The Architectural Review Board shall be a permanent committee of the Association and shall administer and perform the architectural and landscape review and control functions of the Association. The ARB shall consist of at least three (3) but not more than seven (7) members appointed by the Board of Directors. Members of the ARB shall be members of the Association who are not members of the Board of Directors or their spouses. Provided, however, in the event the Board is unable to secure enough members to serve, then any member of the Board of Directors or their spouses may serve to ensure a sufficient number of committee members. A majority of the ARB shall constitute a quorum to transact business at any meeting, and the action of a majority present shall constitute the action of the ARB. 2

3 RESPONSIBLITIES On behalf of the Association, the ARB is empowered, with Board of Directors review and approval, to adopt, promulgate, amend, revoke and enforce Design Requirements for the purpose of: 1. Establishing guidelines with respect to the approval or disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of any structure, landscaping and all other matters that require approval by the ARB 2. Governing the procedure for submission of plans and specifications, and 3. Governing the form and content of plans and specifications to be submitted to the ARB for approval or disapproval 4. Documenting and reporting all ARB actions at least quarterly in a written report at the Board of Directors Meetings in order to enter the ARB actions into the Association s records LIMITATION OF RESPONSIBILITIES The ARB assumes no liability with regard to the structural integrity of any requests. The ARB makes no representation as to its expertise regarding either the structural adequacy, capacity or safety features of the proposed improvement or structure as shown on the submitted plans or on the ultimate construction of the approved modification. The ARB does not assume responsibility for the performance or quality of work of any contractor. ARCHITECTURAL REVIEW BOARD POLICIES The ARB does not seek to restrict individual taste or preferences. In general, its aim is to avoid harsh concepts in the landscape and architectural themes of Emerald Lakes Villas and to foster thoughtful design so that there is harmony between neighboring residences. The ARB intends to be completely fair and objective in the architectural review process. The approval of the ARB of plans or specifications submitted by one homeowner shall not be deemed to be a waiver by the ARB of the right to object to any of the features or elements if and when the same features and elements are included in any subsequent plans and specifications submitted for approval for use on other homes. APPROVAL NECESSARY No building, outbuilding, garage, fence, wall, retaining wall, landscaping, pool, spa, porch, or other structure or improvement of any kind shall be erected, constructed, placed, altered, changed, repaired or modified on any property unless the same shall be approved in writing by the ARB. This approval process is intended to apply to, but is not limited to, painting the exterior of a dwelling, the installation of a pool or spa or fence or screening or any other maintenance, repair or modification which changes the exterior appearance of a dwelling or other improvements on a unit. TIME LIMITATIONS After approval by the ARB, all improvements shall be completed within twelve (12) months from commencement of the improvement. Construction of swimming pools must commence within sixty (60) days of ARB approval and be completed within seventy-five (75) days of date of issuance of building permit. A $100 a day fine beyond 135 days may be assessed. Projects that remain uncompleted for long periods of time are visually objectionable and can be a nuisance and a safety hazard for neighbors and the Community. The ARB may establish a more specific time for completion as a condition of its approval. 3

4 The ARB will meet as necessary to review applications received and shall present their findings within thirty (30) days of receipt. In the event the ARB fails to respond to a request for approval within thirty (30) days*of receipt of said request it will be deemed to be denied. The ARB shall have the right to request additional information, if in its opinion; the information submitted is incomplete or insufficient (which extends this 30 day window from date of notice). (*revised & approved 8/9/17) APPROVAL Upon approval by the ARB, a copy of applicant s plans and specifications bearing such written approval shall be returned to applicant. The original application and supporting documents will be retained by the ARB. Any changes to the approved plans must be submitted to the ARB for additional approval. Approval of any application shall be final and the approval may not be thereafter reviewed or rescinded provided that there has been compliance with all conditions of approval. If disapproved, a request can be resubmitted with appropriate changes made. INSPECTIONS Periodic inspections may be made by the ARB while work is in progress to determine compliance with the approved plans and specifications and provisions of the Declaration. The ARB, or any such agent of the ARB, shall not be deemed to have committed a trespass or other wrongful act by reason of such inspection. JOB SITE CONDITIONS 1. All job sites shall be kept in a neat and orderly condition, as determined by the ARB 2. Commercial construction hours are Monday through Saturday, 8:00 am to 7:00 pm 3. All construction operations must comply with local governmental ordinances 4. Necessary building permits must be posted so as to be visible from the street prior to commencement of construction VIOLATIONS If any alteration or modification is made without the required prior written consent of the ARB, the alteration has been undertaken in violation of the Declaration. All unapproved alterations or modifications may be required to be removed until ARB approval is granted. In no event may any alteration or modification be allowed to remain if in violation of any of the Covenants and Restrictions contained in the Declaration, or in violation of any zoning or building ordinance or regulation. The Association is empowered to enforce its policies, as set forth in the Declaration and this Guide by means specified in the Declaration, including an action in a court of law, to insure compliance. The Association also has the right to levy a fine and request full reimbursement of all costs incurred by the Association on modifications made without the written request and approval from the ARB (Refer to Article 3.5 of Emerald Lakes Villas Declaration of Covenants and Restrictions as amended Sept. 1, 2005). 4

5 KEY ARCHITECTURAL GUIDELINES The ARB evaluates all submissions based on the individual merits of the application. Besides evaluation of the particular design proposal, this includes consideration of the characteristics of the individual site and lot size since what may be an acceptable design on a lakefront lot may not be acceptable on an interior lot. The following criteria are general in nature and apply to all of the dwellings within Emerald Lakes Villas. Relation to Open Space Factors such as the addition or removal of trees, disruption of the natural topography and changes in rate or direction of storm water run-off may adversely affect neighboring properties, open space common areas, preserve and easements areas. Conformance with Covenants All applications are reviewed to confirm that the request is in conformance with all applicable Covenants and Restrictions affecting Emerald Lakes Villas. Validity of Concept The basic idea of the proposed alteration requested must be sound and appropriate to its surroundings. Design Compatibility The proposed alteration must be compatible with the architectural and characteristics of the applicant s house, adjoining houses and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, and similar use of material, color and construction details. Location and Impact on Neighbors The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight and drainage. For example, landscaping may obstruct views or access to neighboring properties, some additions may infringe on a neighbor s privacy. Scale Color The size of the proposed alteration should relate well to the adjacent structures and its surroundings. For example, a large addition to a small house may inappropriate. Color may be used to soften or intensify visual impact. Parts of an addition that are similar to the existing house such as roofs and trim should be matching in color. No permission or approval is required to repaint window and door trim in accordance with the originally approved color scheme. 5

6 Materials Continuity is established by use of the same or compatible materials as were used in the original house. For instance, an addition with wood siding is not compatible with a stucco house. Workmanship Workmanship is another standard that applies to all exterior alterations. The quality of work should be equal to or better than that of the surrounding area. Poor practices, besides causing the owner problems, can be visually objectionable to others. Wetland/Preserve Areas Certain areas within and contiguous to Emerald Lakes Villas are designated as wetland and/or preserve areas for which the Association has the ultimate maintenance responsibility in compliance with various regulatory agencies including the South Florida Department of Environmental Protection. Such areas are protected by those agencies, and as such, may not be disturbed by residents and/or the Association. The following are specific requirements as stated in the Declaration of Covenants and Restrictions for Emerald Lakes Villas DEFINITIONS-ARTICLE 1 Article 1.1 Architectural Review Board or ARB shall mean and refer to that permanent committee of the Association, created for the purpose of establishing and enforcing criteria for the construction of Improvements within the Property. Article 1.15 Improvements shall mean and refer to all structures of any kind, including without limitation, any building, fence, wall, sign, paving, grating, parking, and building addition, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, or landscape device or object. ARCHITECTURAL AND LANDSCAPING CONTROLS-ARTICLE 9 Article 9.1 Architectural Review Board. In order to create a general plan and uniform scheme of development of the Property and to create within the Property a residential community of high quality and harmonious improvements, the Board of Directors will establish an Architectural Review Board (the ARB) which shall be a permanent committee of the Association and which shall have the powers, duties and responsibilities set forth in this Declaration. Article 9.2 ARB Procedures. Wherever ARB approval is required in this Declaration, the procedures and provisions governing the ARB as set forth in the declaration of covenants and restrictions for Emerald Lakes Villas, as same may be amended from time to time, shall govern such approval process. 6

7 Article 5.3 Restriction of Owner Easements. No owner shall grant any easement upon any portion of the Property to any person or entity, without the prior written consent of the Board of Directors. Article 7.2 Parcel Owner Responsibilities. The owner of each Parcel shall be responsible for maintenance and repair of all portions of his Dwelling, and other improvements located on his Lot, except for the portions of the Parcel to be maintained by the Association pursuant to Section 7.1 above. The expense of any maintenance, repair and construction of any portion of the Association Property, the Common Property or any portion of a Parcel maintained by the Association pursuant to Section 7.1 above, necessitated by the negligent or willful acts of an Owner, or his invitees, licensees, family or guests, shall be borne solely by such Owner, and his Parcel shall be subject to an individual Assessment for such expense. All repairs and replacements made by an Owner shall be subject to the approval of the Architectural Review Board, as set forth in Article 9 of this Declaration. Article Outside Displays. No Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, of his Parcel, nor shall he place any furniture or equipment outside his Dwelling, without the prior written consent of the ARB, except that the consent of the ARB shall not be required with respect to the use of lawn furniture in the back yard or screened patio area of a Lot; flag poles attached to a Dwelling or installed in the ground; or small decorative displays located in the garden are of a Parcel. Article Antennas/Satellite Dishes. Antennas and satellite dishes for the reception of video programming, less than one meter in diameter, may be installed on a parcel. Antennas and satellite dishes must be affixed on the rear of the Dwelling, if an acceptable signal may be received at that location. All other radio, television or other electronic antennae may only be erected upon prior written approval by the ARB. The installation of an approved satellite dish shall not relieve the unit owner from his share of the Association expenses relative to any bulk contract for cable, SNA-TV or other pay television services. Article Subdivision of Lots. No Lot shall be resubdivided to form a lot smaller than a platted lot; provided, however, that two or more entire Lots may be combined to form a larger lot, or lots with the prior written approval of the Board of Directors; such a larger lot(s) shall then be defined as the Lot for purposes of this Declaration. Article Signs. No signs, advertisements or notice of any kind, including without limitation For Sale or For Rent signs shall be displayed to the public view on any Parcel or on the Common Property, without the prior written approval of the ARB. Article Mailboxes and Newspaper Boxes. Mailboxes, mailbox light fixtures and posts shall be installed and maintained by the Owner of said parcel and must meet the following requirements: the mailbox shall be white in color, shall not be of a different size than the existing mailbox and shall fit on the existing post or such other post as approved by the ARB. The mailbox light fixture shall be white in color and shall be the same style fixture or such other fixture as approved by the ARB. Newspaper boxes may not be installed on any parcel. 7

8 Article Emergencies. (a) Permanent hurricane/storm shutters are permitted to be installed on individual dwellings. These shutters shall be either roll-up shutters, accordion shutters, Bahamas shutters or hinged colonial shutters. All such shutters shall be white in color. These permanent shutters may be closed during the absence of occupants for security purpose. (b) Dwellings may be boarded up with temporary hurricane materials (such as plywood or aluminum panels) only for a period of 48 hours before and 48 hours after imminent threat of a storm. Article Swimming Pools. No Swimming pool may be constructed or maintained on any Parcel without the prior written approval of the ARB. Article Elevation. The elevation of all Dwellings shall be a minimum of eighteen (18) inches and a maximum of twenty-four (24) inches above the crown of the Street. No change in the elevation of any Lot shall be made, nor shall any fill be used to extend the property beyond the Lot Line without the prior written consent of the Board of Directors. Further, no Lot abutting water shall be increased in size by filling in the water it abuts, without the prior written consent of the ARB. Article Garages. No vehicle garage shall be permanently enclosed or converted without the prior written approval of the Board of Directors. All garages must be attached to the Dwelling; garages shall not have entrances facing a Street, unless the garage is set back twenty (20) feet or more from the front Lot Line and is approved by the Board of Directors. The doors of all garages shall be kept in a useful operating condition and shall be closed at all times, except as needed for ingress and egress. No carports shall be constructed or maintained on any Lot. Article Additions, Improvements and Painting. The exterior surfaces of all Dwellings, including all colors, materials and finishes on all exterior areas of Dwellings shall not be altered or changed in any manner whatsoever by an Owner without the prior written consent of the ARB. Provided, however, that all external areas of a Dwelling which are stained or painted must be restained or repainted at a sufficient intervals, so as to preserve the aesthetic beauty of Emerald Lakes Villas, as determined by the Association. No Owner shall have the right to construct any Improvements of any type or nature whatsoever on his Parcel, including without limitation, any hedges, patios or landscaping, without the prior written consent of the ARB. Article Docks. No docks, bulkheads, moorings, pilings, boathouses or boat shelters of any kind may be erected on any part of the Property, including without limitation any lakes and waterways within the Property. Article Approval of Curtains, Draperies and Shades. The color of all draperies, curtains, shades or other similar coverings installed inside a screen porch or glass enclosed porch must be approved, in writing, by the ARB. 8

9 ADDITIONAL RESTRICTIONS ARTICLE 8-USE RESTRICTIONS Article Residential Use. All Parcels shall be used only as single family, private, residential dwellings and for no other purpose. No business or commercial building may be erected on any Lot and no business may be conducted on any part thereof. Article Pets. Parcel Owners may keep as pets, dogs, cats, tropical fish and birds, provided that no more than two(2) pets per Parcel shall be permitted with the exception of tropical fish, and that no such pets are kept, bred or maintained for any commercial purpose. All pets shall be restrained and/or kept on a leash under the control of a responsible person at all times when the pet is outside of a Dwelling. At no time shall a pet be allowed to enter upon any Parcel other than the Parcel on which the pet is kept. The pet owner shall be responsible at all times for cleaning up and removing all excrement after a pet relieves itself while on the property and for appropriately disposing of said excrement using the sanitary containers on said Owner s parcel. The Board of Directors of the Association shall have the right to order the removal of any pet which is considered a nuisance, in the Board s sole discretion. In such event, the Board of Directors of the Association shall give written notice thereof to the pet owner, and the pet shall immediately thereafter be permanently removed from the property. Article Recreational and Commercial Vehicles. Except as authorized in Section , below, no boats, recreational vehicles, trucks, commercial vehicles, trailers, motor homes, mobile homes or other motor vehicles, may be placed, parked or stored upon any Parcel except within a building which is totally removed from public view. No maintenance or repair shall be performed upon any boat or motor vehicle upon any Parcel except within a building which is totally removed from public view. Notwithstanding the foregoing, service and delivery vehicles may park in the driveway of a Parcel or on the street during regular business hours, as needed for providing services or deliveries to the Parcel, and motor homes may be parked up to twelve (12) hours for loading or unloading purposes. However, motor homes shall not be parked overnight, as defined below. The Board of Directors, in its sole discretion, may authorize the parking of motor homes in an area of the Common Property designated for such purposes. In the event of a dispute concerning the type of vehicle, the decision of the Board of Directors, in its sole discretion, shall control. Article Authorized Vehicles. Four wheel passenger automobiles; motorcycles; sport utility vehicles; four wheel pick-up trucks with no commercial lettering or graphics; and vans with windows, passenger seating and no commercial lettering graphics are authorized vehicles. Authorized vehicles of owners may be parked, placed or stored only in the garage or driveway of the Owner s Parcel. Guests and invitees of Owners may park their authorized vehicles in the garage or driveway of the Owner s Parcel, or on the Street; provided, however, that no vehicle of any kind shall be parked overnight on any Street. For purposes of this provision, overnight shall be defined as between the hours of midnight and 6:00 am. No vehicle of any kind shall be placed, parked, or stored on the lawn of any parcel; on any portion of the Common Property (unless such area is specifically designated as a parking area); or in an area which blocks a sidewalk pathway or driveway apron. Article Temporary Structures. No structure or object of a temporary character such as, but not limited to, house trailers, vans, tents, shacks, sheds, or temporary or accessory buildings or structures, shall be erected, kept or maintained on any Parcel or any part thereof. 9

10 Article Nuisances. No use or practice which is either an annoyance to Owners or an interference with the peaceful possession and proper use of the Property by the Owners shall be allowed. No Owner shall commit or permit any nuisance or any immoral or illegal activity in or about the Property. For greater clarification, no Owner shall knowingly or willfully make or create an unnecessary, excessive or offensive noise or disturbance which destroys the peace, quiet and/or comfort of the Owners, or allow any such noise or disturbance to be made on his Parcel or the Common Property or the Association Property. Article Easements. No Dwelling or other Improvement, or any tree, bush, shrub or landscaping of any kind shall be built or maintained upon any easement or right-of-way and said easements and rights-of-way shall at all times be open and accessible to the persons entitled to the use thereof. This provision shall not apply to the reciprocal maintenance easement described in of this Declaration, in that roof overhangs may be maintained within the reciprocal maintenance easement areas. Article Limited Access Easements. On Parcels abutting a Street, vehicular access is prohibited in the five (5) foot limited access easement area abutting certain Streets, as shown on the plat of Emerald Lakes Villas. Article Maintenance of Parcels. All Parcels shall be kept in a clean and sanitary condition and no rubbish, refuse, garbage, landscape debris or other debris shall be allowed to accumulate or any fire hazard allowed to exist. In the event an Owner fails to maintain his Parcel as aforesaid for a period of at least thirty (30) days, the Association shall have the right, exercisable in its sole discretion, to remove any rubbish, refuse or unsightly debris and/or growths from any Parcel deemed by the Association to be a health menace, fire hazard or a detraction from the aesthetic appearance of Emerald Lakes Villas, provided, however, that at least fifteen (15) days prior notice shall be given by the Association to the Owner of such parcel before such work is done by the Association. In the event the Association, after such notice causes the subject work to be done, then, and in that event, the costs of such work, together with the interest thereon at the rate of eighteen percent (18%) or at the maximum rate permitted by the civil usury laws of the State of Florida, whichever is less, shall be charged to the Owner and shall become a lien on the subject Parcel, which lien shall be effective, have priority, and be enforced pursuant to the procedures set forth in Article 6 of this Declaration. Article Refuse Containers and Storage Tanks. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary refuse containers secured with a lid at all times, which shall be placed in the Dwelling s garage or on the side of the Dwelling, provided they are not visible from the Street or from adjoining Parcels. Any loose uncontainerized trash must be kept in the Dwellings garage. All oil tanks or bottle gas tanks must be kept underground or placed in a walled-in area so they shall not be visible from the Street or from adjoining Parcels. Trash, refuse or waste materials shall not be burned on any Parcel. Article Streets. No title to any land in any Street is intended to be conveyed or shall be conveyed to the grantee of a Parcel under a deed, or to the purchaser of a Parcel under any contract, unless expressly so provided in such deed or contract of purchase from Developer. Article Laundry. No portion of a Parcel shall be used for the drying or handling of laundry, unless such laundry is adequately screened form public view, so that the laundry is not visible from the Street or from adjoining Parcels. 10

11 Article Air Conditioners. All window or wall air conditioning units are prohibited. All air conditioner compressors shall be screened from view from the Street and from adjacent Parcels and shall be insulated by a fence, wall or shrubbery so as to minimize the transmittal of noise. Article Underground Utilities. All secondary electrical conduits and hook-ups shall be kept underground. No above ground wires of any kind shall be permitted. Article Energy Saving Devices. All Dwellings shall be equipped with the latest state of the art energy saving devices, including without limitation, energy saving water closets, refrigerators and motors. Time clocks shall be installed on all underground sprinkler systems. The electrical power may not be turned off at any time by the owner to maintain sprinkler system and outside lighting. Article Mailboxes and Newspaper Boxes. Mailboxes, mailbox light fixtures and posts shall be installed and maintained by the Owner of said parcel and must meet the following requirements: the mailbox shall be white in color, shall not be of a different size than the existing mailbox and shall fit on the existing post or such other post as approved by the ARB. The mailbox light fixture shall be white in color and shall be the same style fixture or such other fixture as approved by the ARB. Newspaper boxes may not be installed on any parcel. Article Emergencies. (a) Permanent hurricane/storm shutters are permitted to be installed on individual dwellings. These shutter s shall be either roll-up shutters, accordion shutters, Bahama shutters or hinged colonial shutters. All such shutters shall be white in color. These permanent shutters may be closed during the absence of occupants for security purposes. (b) Dwellings may be boarded up with temporary hurricane materials (such as plywood and aluminum panels) for a period of 48 hours before and 48 hours after the imminent threat of a storm. Article Storage Areas. All exterior storage areas, service areas, and utility meters located in the front section of any Parcel shall be screened from view from the Street and from adjacent Parcels by landscaping (or other methods if deemed necessary, as determined and approved by the ARB). Article Basement. No Dwelling shall be permitted to have a basement. Article Height of Dwelling. No Dwelling which is more than two (2) stories in height shall be erected, constructed or maintained on any Lot. Article Solar Heating. All solar heating apparatus must conform to the standards set forth in the Florida Model Energy Efficiency Code. No solar panels, vents or any other roof-mounted, mechanical equipment shall project more than 1.5 feet above the surface of the roof of a Dwelling. Further, all such equipment shall be painted consistent with the color scheme of the roof of the Dwelling as constructed by Developer and must be approved by the ARB. Article 8.2 Rules and Regulations. No person shall use the common Property, or the Association Property, or any Parcel, in any manner contrary to, or not in accordance with, the rules and regulations which may be promulgated by the Association or the Traffic Regulations which may be promulgated by the Association. 11

12 Article 3.5 Suspension of Members Rights and Institution of Fines. The Association may suspend, for a reasonable period of time, the rights of a member, or a member s tenants, guests or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $ per violation, against any member, or any tenant, guest or invitee. A fine may be levied on the basis of each day of the continuing violation, with a single notice and opportunity for hearing. There shall be no maximum aggregate fine amount. a) The fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three (3) 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. If the committee, by a majority vote does not approve of the proposed fine or suspension, it may not be imposed. b) The requirements set forth above do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due. c) The Association may suspend the voting rights of a member for the nonpayment of the regular annual assessments that are delinquent in excess of ninety (90) days. Article Enforcement of Violations. In addition to the remedies contained in Section 14.5, the Association shall have the right to authorize the towing of any vehicle in violation of Sections or above, and to collect the cost thereof from the Owner as an individual assessment. The Association, its officers, directors and employees, shall be held harmless by the owner of such vehicle with regard to such towing of a vehicle. 12

13 ARCHITECTURAL STANDARDS, CRITERIA AND DESIGN REQUIREMENTS SUPPLEMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS The following are ARB approved standards that are not specifically outlined in the Emerald Lakes Villas Declaration of Restrictions and Covenants. 1 WINDOWS, DOORS, SCREENED ENCLOSURES AND PATIOS Bright-finished or bright plated (other than white) metal exterior doors, windows, window screens, louvers, exterior trim or structural members shall not be permitted. The use of white anodized aluminum to match the original trim is the preferred material All screening and screen enclosures shall be constructed to utilize white anodized aluminum The use of reflective tinting or mirror finishes on windows is prohibited Security bars on windows or doors are prohibited All screen enclosures must have a mansard screen roof 2 SOLAR PANELS Solar water heating panels shall be reviewed on an individual basis, and if approved by the ARB must be installed so as to present the least obtrusive condition 3 EXTERIOR MATERIALS AND COLORS a. Exterior artificial, simulated or imitation materials, such as stone or brick, may be considered for use in patios and landscaping if deemed in harmony with the surrounding architectural design b. The use of the following items are appropriate: 1. Stucco - similar in finishing and color as originally constructed 2. Metals - factory finished In white anodized aluminum c. Exterior color choices must be in compliance with the approved color schemes, which are obtainable through the ARB. All exterior doors (including garage doors) must be white. 13

14 4 ROOFS a. No change in color or existing roofing material shall be permitted without the approval of the ARB. Roofing material must be the same cement tiles as is used on every structure within Emerald Lakes Villas. Wood shake, asphalt, aluminum or fiberglass shingles shall not be allowed. b. Roof shapes, styles, design and materials shall match the existing roof. Flat roofs are not permitted. c. Flat deck patio roofs are not permitted. The only closed roof patios that are permitted are those that were built by the developer using materials matching the existing house roof in materials and design. Screen enclosures (addressed in Section 15) over existing or expanded patios may be approved by the ARB. Detailed plans, in written form for Martin County permitting (showing all elevations) and specifications must be submitted for approval to the ARB. 5 GARAGES, DRIVEWAYS, WALKWAYS AND EXTERIOR LIGHTING a. Any change from the existing garage door must be approved by the ARB. b. No curbside parking areas may be created by extending any portion of the street pavement or curbing. c. All proposed exterior lighting shall be detailed on the request for architectural modification. No exterior lighting shall be permitted which, in the opinion of the ARB, would create a nuisance to the adjoining property owners. d. Driveways and walkways in front of home shall be constructed of concrete and must be approved by the ARB. No asphalt drives or walkways will permitted. Any resurfacing of driveway and color to be approved by ARB. e. Driveway aprons must be concrete and may not be widened without the approval of the ARB. f. Any proposed walkway must be approved by the ARB prior to installation. This includes stepping stones. 6 HURRICANE PANELS, AWNINGS AND SHUTTERS Emergencies. (a) Permanent hurricane/storm shutters are permitted to be installed on individual dwellings. These shutters shall be either roll-up shutters, accordion shutters, Bahama shutters or hinged colonial shutters. All such shutters shall be white in color. These permanent shutters may be closed during the absence of occupants for security purposes. (b) Dwellings may be boarded up with temporary hurricane material (such as plywood and aluminum panels) only for a period of 48 hours before and 48 hours after the imminent threat of a storm. a. Any exterior storm shutter other than the above-described devices must be approved by the ARB. 14

15 b. Metal fold-down awnings and canopies do not meet the standards of the community with respect to conformity and harmony of external design and shall not be permitted or affixed to the exterior of any residence. Canvas awnings may be approved after ARB review of colors and design drawings. c. Temporary metal or wood panels may be used, weather permitting, only to protect structures during periods of severe weather conditions. d. Temporary panels shall not be stored on the exterior of the residence and are to be used for a period of no longer than one week at any one time unless permission is granted by the ARB. e. Only approved panels or shutters may be installed for security purposes. f. Permanent mechanical shutters, including top channel and side tracks, must be white in color. Top and bottom channels used for installation of temporary panels must be removed when panels are not in place or painted to match the color of the surface they are permanently affixed to. 7 LANDSCAPING a. Proposed landscaping changes by property owner must first be submitted to the ARB prior to installation. The ARB may require that proposed landscaping be drawn on a sketch or lot survey which includes the house, all concrete surfaces and any easement or preserve areas. b. Removal in partial or entirety of any existing landscape, and replacement if any, in garden area or anywhere on property by property owner must be approved by the ARB. The ELVHOA board of directors or their property manager does not require ARB approval to remove or replace landscape on property owner s property or common areas.(revised 12/13/17) c. The planting and maintenance of annuals or plants in property owner s garden area does not require ARB approval. d. All landscaping installed with approval by the ARB must be maintained to the standards as set forth by the Association. The ARB will not approve the planting of any ficus or rubber tree or plant. e. Care and maintenance of additional landscaping trees or plants are the responsibility of the homeowner. f. Only landscaping approved by the County and governing agencies may be planted within any creek maintenance easement, preserve area, water management tract or utility easement. 8 FENCES a. The Association maintains the perimeter fences around Emerald Lakes Villas. No alteration of a perimeter fence by a homeowner is permitted. No homeowner may obstruct access to the fence with landscaping and an access area of eighteen inches is required for maintenance and 15

16 inspection of all fences. Existing vegetation shall be maintained to provide an eighteen-inch access area to all perimeter fences. b. No fence may be erected between or around the homes with Emerald Lakes Villas. 9 BASKETBALL HOOPS a. Portable basketball hoops are permissible on your driveway only. Use shall be restricted to daylight hours. b. Permanently installed basketball hoops are not permitted. c. Lights for night basketball play will not be permitted. 10 SWIMMING POOLS a. Proposed pool, decking, screen enclosure and landscaping plans with survey must be submitted to the ARB for review. b. Above ground swimming pools shall not be permitted. Swimming pools shall not be permitted on the street side of the residence without the approval of the ARB. c. No decking, screening or landscaping may be installed on any portion of any easement. d. All pool equipment and heaters must be screened from view with landscaping from adjacent properties and roadways. e. Spas or hot tubs will be permitted only when their placement does not interfere with the neighboring homes and will not create a nuisance. It is recommended that with the application for approval to the ARB, comments from neighbors be included. Any spa or hot tub that is permitted must also conform to all local zoning ordinances regarding this type of installation. 11 AIR CONDITIONERS, GARBAGE AND TRASH CONTAINERS a. Window and/or wall air conditioning units are prohibited*. (*revised & approved 8/9/17) b. Trash, garbage and other waste shall be placed in the dwelling s garage or on the side of the dwelling, provided not visible from the street or adjoining parcels. Any loose uncontainerized trash must be kept in the dwelling s garage. Open storage of refuse is prohibited. c. On the days of scheduled garbage/trash pickup, such refuse shall be in sturdy trash container or plastic bag and placed near the roadway. 16

17 12 ANTENNAS, FLAGPOLES, SIGNS AND MAILBOXES Mailboxes, mailbox light fixtures and posts shall be installed and maintained by the Owner of said parcel and must meet the following requirements: the mailbox shall be white in color, shall not be of a different size than the existing mailbox and shall fit on the existing post or such other post as approved by the ARB. The mailbox light fixture shall be white in color and shall be the same style fixture or such other fixture as approved by the ARB. Newspaper boxes may not be installed on any parcel. a. Mailboxes have been designed and installed for each Neighborhood by the Builder. No modifications of the original installed mailbox will be approved by the ARB. By regulating the style of mailbox units, the ARB hopes to reduce the visual impact created by random design. b. Antennas and satellite dishes for the reception of video programming, less than one meter in diameter, may be installed on a parcel. Antennas and satellite dishes must be affixed on the rear of the Dwelling. If an acceptable signal may be received at the location. All other radio, television or other electronic antennae may only be erected upon prior written approval by the ARB. The installation of an approved satellite dish shall not relieve the unit owner from his share of Association expenses relative to any bulk contract for cable, SNA-TV or other pay television services. c. No Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, of his Parcel, nor shall he place any furniture or equipment outside his Dwelling, without the prior written consent of the ARB, except the consent of the ARB shall not be required with respect to the use of lawn furniture in the backyard or screened patio area of a Lot; flag pole attached to a Dwelling or installed in the ground; or small decorative displays located in the garden area of a Parcel. d. No exterior television or radio masts, towers, poles, antennas or aerials may be erected. Satellite dishes may be permitted, less than one meter* in diameter. No such appliance may be affixed to the exterior walls or roof of any home. Placement and landscape buffering requirements must be determined by the ARB as a condition of approval for satellite dishes. (*revised & approved 8/9/17) e. A flagpole for display of the American and/or Florida State flag only shall be permitted, subject to ARB approval of placement, size and design. No flagpole shall be used as an antenna f. No signs, advertisements, endorsements, or notices of any kind (including For Sale or For Rent signs) shall be erected or displayed on any unit structure or lot without the written permission of the ARB. The ARB shall determine form, size, color, content, time of placement, and location of any sign which is approved for placement. No sign shall be nailed or attached to a tree. 13 ACCESSORY STRUCTURES, PLAY EQUIPMENT AND DECORATIVE OBJECTS a. No structure of a temporary character shall be permitted or used on a Unit owner s property at any time. 17

18 b. Any furniture, playground equipment or playhouses shall be placed to the rear of the property and only with approval of the ARB. No such equipment will be approved on a lot whose rear faces the lake. Location on the lot and screening requirements may be a condition of the ARB approval. c. No decorative objects such as sculptures, birdbaths, fountains and the like shall be placed or installed on the street side of any lot or on the lake side of any lot without approval of the ARB. (unless in garden area of a Parcel). d. No owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls of his Parcel without prior written approval of ARB. Consent of ARB not required for flag poles attached to a dwelling or installed in the ground, or small decorative displays located in the garden area of a Parcel. (8.1.6) e. No clotheslines or similar structures shall be permitted on any portion of a Unit Owner s property. f. Holiday decorations may be used 30 days prior to that holiday and must be removed 30 days hence. 14 ATTIC VENTILATORS, SKYLIGHTS GUTTERS AND DOWNSPOUTS a. Attic ventilators or other apparatus requiring penetration of the roof should be as small in size as functionally possible and should be painted to match the roof color. They should be located generally on the least visible side of the roof and not extend above the ridgeline. Approval of any ventilators must be obtained from the ARB prior to installation. b. Gutters and downspouts should be white. Run-off must not adversely affect the drainage on adjacent properties. All gutters and downspouts must have the approval of the ARB prior to installation. 15 PATIO AND PATIO ENCLOSURES a. Patio enclosures are an extension of the home and have a significant impact on its appearance. b. All enclosures should be designed to conform to the contours of the house color and materials should be compatible with the existing home and surrounding homes. All patio enclosures must have ARB approval prior to the commencement of construction. c. The roof of the patio enclosure should conform to the roof on the home as closely as possible. Insulated aluminum roofs will not be permitted. Screened enclosures must have a mansard screen roof pitched at such an angle as to make the accumulation of soil and vegetation unlikely. Because of this area s exposure to strong windstorms, no screened enclosure will be permitted to have a solid, non-screen roof. d. All patios, patio slabs and courtyards must be approved by the ARB prior to installation. 18

19 16 PERMANENT BARBECURES a. No permanent barbecue shall be installed. 17 MAJOR EXTERIOR ALTERATIONS a. The design of major alterations should be compatible in scale, materials, and color with the applicant s house and adjacent houses. b. The location of major alterations should not impair the views or amounts of sunlight or natural ventilation on adjacent properties. c. Roof pitch should match the type used in the applicant s house. d. New windows and doors should match the type used in the applicant s house and should be located in a manner which will relate well with the location of exterior openings in the existing house. e. If changes in grade or other conditions that will affect drainage are anticipated, they must be indicated. Generally, approval will be denied if adjoining properties may be adversely affected by changes in drainage. f. Construction materials should be stored so that impairment of views from neighboring properties is minimized. Excess material and debris should be immediately removed after completion of construction. THIS DOCUMENT MAY BE REVISED FROM TIME TO TIME AS NECESSARY 19