November 16, DEED RESTRICTIONS for. Spanish Pines, Spanish Pines First Addition, Spanish Pines Second Addition, Spanish Pines Third Addition

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Prudence Gray
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1 SPANISH PINES (FIRST ADDITION) HOMEOWNERS ASSOCIATION, INC. November 16, 2005 The complete text of all restrictive covenants proposed for revitalization is as follows: DEED RESTRICTIONS for Spanish Pines, Spanish Pines First Addition, Spanish Pines Second Addition, Spanish Pines Third Addition THESE DEED RESTRICTIONS are made as of the 16 th day of November, 2005 by the Owners of the Lots described in Plat Book 75, Pages 14, 61 and 99 as well as in Plat Book 76, Page 18 of the Public Records of Pinellas County, Florida and as otherwise defined below. The Owners have adopted these deed restrictions in connection with the revitalization of the governing documents of the Association. At a vote duly noticed and duly held, the Owners voted to adopt these deed Restrictions such that the Lots shall be held, sold and conveyed subject to the following Conditions, covenants and restrictions which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. 1. DEFINITIONS: a. Association shall mean and refer to Spanish Pines (First Addition) Homeowners Association, Inc. a Florida corporation not for profit, its successors and assigns. b. Lot shall mean and refer to any plot of land submitted to the terms of these Deed Restrictions. c. Members shall mean and refer to those persons entitled to membership as provided in these Deed Restrictions, the Articles of Incorporation and the By-Laws of the Association. -1-

2 d. Owner shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any Lot, which is subject to these Deed Restrictions, including contract sellers, but excluding those having such interests merely as security for the performance of an obligation. e. Plats shall mean and refer to the recorded plat of Spanish Pines or plat thereof, recorded in Plat Book 75, Page 14, Spanish Pines First Addition per plat thereof, recorded in Plat Book 75, Page 61, Spanish Pines Second Addition per plat thereof, recorded in Plat Book 76, Page 18, all of the Public Records of Pinellas County, Florida. f. Properties or Property shall mean and refer to those Lots as encumbered by the terms of these Deed Restrictions and such other Additions thereto as may hereinafter be brought within the jurisdiction of the Association by recording supplemental Joinders to the terms of these Deed Restrictions. g. Dwelling a residence or home constructed on a lot. h. A single family defined as two (2) persons living together as a single housekeeping unit or three or more related by blood, marriage, under foster care or adoption. 2. The Association shall have the sole responsibility to maintain the subdivision entry feature. The entry feature consists of signage, lighting, landscaping, irrigation and other improvements. The cost of maintenance shall be part of the Association dues. 3. No lot shall be used for any purpose other than residential purposes. No building, structure, improvements, shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling. No portion or fraction of a Lot may be used for any purpose other than as an addition to an adjoining Lot. 4. No dwelling shall be permitted on any Lot or parcel unless such dwelling shall have a minimum air conditioned/heated area of not less than 1,700 square feet, exclusive of open porches, terraces and garages. 5. No carports shall be allowed and all dwellings shall have a minimum of a two car garage. All garages shall be completely finished on the inside, both as to walls and ceiling with either plaster, paneling or drywall. 6. All dwellings must be of masonry, stone or frame construction or a combination thereof, and roofs shall be of fire rated material, and either tile, concrete tile, asphalt, slate, wood or concrete slab. No flat deck or built-up roof shall exceed 25% of the total roof area. All plans and specifications for same must be approved by the Pinellas County Building Department prior to the beginning of construction of the dwelling. 7. No part of any building shall be erected nearer than 25 feet from the front property line nor nearer than 15 feet from any side street line, nor nearer than 10 feet to any rear lot line, nor nearer than 7 ½ feet to any interior side lot line. -2-

3 8. No trailer, tent, structure of a temporary character, or other building shall be used as a residence, temporarily or permanently. Any storage building must be not more than six feet high, measured at the eaves and shall be screened by a fence or plantings so as to not be visible from other Lots or the street. 9. No animals, livestock or poultry of any kind shall be kept, raised or bred on any Lot except that dogs, cats and other common household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes, and provided further that no person owning, or in custody, possession, charge or control of any dog, shall cause, permit or allow the dog to stray, run or in any manner be at large in or upon any public street or the private property of others without the express or implied consent of the Owner of such other private property. Owners shall clean up their pet s droppings when walking their pets. 10. Except as hereinafter expressly provided, no boat, boat trailer, camper, mobile home, travel trailer, aircraft, trailer, or bus shall be permitted to remain on any Lot, unless inside a garage. Commercial vehicles as defined herein, or any truck or vehicle which has signage or other advertising or commercial displays affixed thereto, are not permitted to be parked on the Lot except on a temporary, short-term basis, as defined hereafter. All motor vehicles permitted to be on a Lot, must park at all times on pavement and shall not park on the grass or nonpaved area of the Lot. a. Parking on a temporary, short term basis shall mean parking, on a non-recurring basis for a single period not exceeding 48 hours in duration, of commercial or recreational vehicles belonging to guests or Owners, and it shall also mean parking of commercial vehicles used in connection with the furnishing of services and/or the routine pickup and delivery, respectively, of materials from and to dwelling units, and commercial and recreational vehicles belonging to, or being used by, Owners for loading and unloading purposes only. b. Commercial vehicle shall mean any vehicle with a sign displayed on any part thereof advertising any kind of business or within which any commercial materials or tools are visible. Commercial vehicles shall be parked on a temporary, short-term basis only. An exception to the foregoing shall be an enclosed van or sport utility vehicle which identifies the resident s business or the exterior, provided the vehicle is maintained in a first class condition and is of a size to allow parking, although not required, in the garage. Police vehicles are not defined as commercial vehicles and are allowed. -3-

4 11. No noxious or offensive activities shall be carried upon any Lot. a. The assembly or disassembly of motor vehicles and other mechanical devices which might cause disorderly, unsightly or unkempt conditions shall not be pursued or undertaken on any Lot. This shall not prohibit minor routine maintenance of a vehicle such as cleaning and/or tire changing. 12. No Lot may be graded so as to impede or obstruct the natural surface drainage of any adjacent Lot. 13. No sign of any kind shall be displayed to the public view on any lot except (a) a sign not more than two feet square advertising the property for sale, or (b) a sign advertising a garage or yard sale only during the time of day of the sale. 14. No fence or wall shall be erected, or placed or altered on any Lot nearer to any street than the minimum building setback line. Fences shall be a maximum of six (6) feet high. All laundry lines, fuel and trash containers or receptacles shall be completely screened from view from any street or other Lot in Spanish Pines Subdivision, 1 st, 2 nd, and 3 rd Addition. Except as required by law, no antennas shall be permitted except for the purpose of television reception. Satellite dishes shall not be larger than 24 inches in diameter and they shall not be located in front of the house line. 15. No residence or other building, fence, wall, utility yard, driveway, swimming pool or other structure or improvement, regardless of size or purpose shall be commenced, placed, erected or allowed to remain on any Lot, nor shall any addition to or exterior change or alteration thereto be made, unless and until building plans and specifications covering same, showing the nature, kind, shape, heights, size, materials, floor plans, location and schedule, front, side and rear elevations and such other information as the Pinellas County Building Department shall require, including if so required, plans for the grading and landscaping of the Lot showing any changes proposed to be made in the elevation or surface contours of the land, have been submitted to and approved in writing by the Pinellas County Building Department. 16. Basketball hoops, which are free standing, not attached to the house, may be erected at any residence, but they must be maintained in a usable condition. 17. All residents shall have their Lots sodded and landscaped. Approved Xeriscape landscaping is permitted. 18. Every Owner of a Lot which is subject to these Deed Restrictions shall be a member of the Association, pay reasonable dues as set by the Association for upkeep and maintenance of the subdivision entrance, and have voting rights in the Association. Any Owner may elect not to be an Association member and forfeit the voting right in the Association. -4-

5 19. The Association shall have the authority to enforce these Deed Restrictions when a violation occurs. The following enforcement procedures shall be utilized. a. A Deed Restriction Committee, comprised of one Association Board Member and four (4) other Association Members will determine the facts of the violation. b. The Committee will contact the Owner regarding the violation to determine how the matter may be resolved. Consideration shall be given to whether the violation is temporary, due to illness or a misunderstanding of the Deed Restrictions, or a permanent situation. c. If unresolved, the Board of Directors will write to the Owner in an effort to establish a timely meeting with the Board. d. If the situation remains unresolved, the Board may retain a lawyer to write to the homeowner regarding the violation. e. Binding arbitration, available through the Community Dispute Settlement Program of Pinellas County, or other similar arbitration procedure, shall be utilized in an effort to resolve continuing violations. f. If any person, firm or corporation, or their heirs or assigns, shall violate or attempt to violate any of these restrictions or covenants, any of the Lot Owners jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms of the restrictions by the person or persons violating or attempting to violate any such covenant or restriction and either to prevent him or them from so doing or to recover damages for such violation. 20. These Deed Restrictions shall run with the land and bind the Lots and shall inure to the benefit of, and be enforceable by, the Association or the Owner of any Lot subject to these Deed Restrictions and their respective legal representatives, heirs, successors and assigns for a term of 30 years from the date these Deed Restrictions are recorded, after which time the provisions of these Deed Restrictions shall automatically be extended for successive periods of ten (10) years, unless terminated at the end of any such period by a vote of at least seventy-five percent (75%) of the Members. 21. Invalidation of any one of these covenants or restrictions by a judgement of a Court Order shall in no way affect any of the other provisions which shall remain in full force and effect upon the recording of these Deed Restrictions, the Owners of all Properties encumbered hereby shall cause and agree that the respective Lots shall be in compliance with the terms and conditions of the Deed Restrictions. 22. These Deed Restrictions may be amended at any time by a majority vote of (55 or more) of the voting interests of the Association. -5-

6 23. In the event legal action is taken to enforce the covenants and restrictions provided in these Deed Restrictions, the prevailing party shall be entitled to recover the costs of such action, including Attorney s fees and appellate costs and Attorney s fees, if necessary. If any such action is brought by any owner against any other owner, the Association shall not have any obligation to indemnify or reimburse either party to such action. 24. Lease Restrictions. Dwellings shall be used for single family residential purposes only. Homeowner s may lease their dwelling pursuant to the terms and restrictions of this Declaration, the Articles of Incorporation, Bylaws and Regulations of the Association, and Chapter 720, Florida Statutes, as amended from time to time. Dwellings may be leased, licensed or occupied for a minimum lease term of seven (7) months and no more than two leases shall be permitted in any given 12-month period unless approved, in writing by the Board of Directors due to hardship determined in the sole and absolute direction of the Board of Directors as all leases or occupancy agreements shall be in writing to the homeowner. The tenant or any occupant shall be bound by the Deed Restrictions, Articles of Incorporation, Bylaws and Rules and Regulations of the Community, and the homeowner shall be responsible for any violations of his or her tenant/occupant or their family members, guests or invitees. The Board reserves the right to make rules and regulations to maintain the integrity of these restrictions. This provision shall not apply to the Association or it s successors in title, if it takes to a Lot in a lien foreclosure. (SEE ATTACHED JOINDERS INCORPORATED HEREIN BY REFERENCE.) M\SPANISHPINES\DeedRestrictions.2003.wpd -6-

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MAPLE TREE HOMES ASSOCIATION, INC.

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