March 2017 SUNTREE MASTER HOMEOWNERS ASSOCIATION, INC. COVENANT ENFORCEMENT GUIDELINES

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1 March 2017 SUNTREE MASTER HOMEOWNERS ASSOCIATION, INC. COVENANT ENFORCEMENT GUIDELINES Authority In accordance with Article IX, Section 1, Paragraph (h) of the By-Laws of Suntree Master Homeowners Association, Inc., The Covenant Enforcement Committee shall assist the General Manager in ensuring compliance with the Covenants, Conditions and Restrictions. Article X, Section 4 of the Covenants states: The Board of Directors may adopt and/or amend Rules and Regulations for the purpose of regulating the conduct and actions of the members as well as the use of the Common Areas. Organization The Covenant Enforcement Committee shall consist of a Chairperson who is a member of the Board of Directors, and a minimum of three members who are SMHA homeowners. The Committee shall meet at the direction of the Chair and be assisted in their duties by the SMHA staff. The Committee shall promulgate and maintain the Covenant Enforcement Guidelines as a policy statement to assist the staff in the execution of their Covenant Enforcement duties. Purpose The purpose of the Covenant Enforcement Guidelines is to establish policy that the staff will use to enforce Article V Covenant for Maintenance of the Declarations of Covenants, Conditions, and Restrictions of Suntree: Each Owner shall keep all Units owned by him, and all improvements therein or thereon, in good order and repair, including but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements and external appurtenances, all in a manner and with such frequency as is consistent with good property management. The Covenant Enforcement Committee is responsible to develop policy guidelines for additional SMHA proscriptions such as Article X: General Covenants and Restrictions, and sections of the Criteria For the Construction, Reconstruction or Modification of Residences in Suntree. 1

2 Committee members developing or reviewing policy issues must keep in mind Policy and Procedures Manual Section Eight, Covenant Enforcement, Paragraph which states: Reasonable and judicious interpretation of the Covenants should be given primary consideration as long as the basic intent of the Covenant is not compromised. Paragraph states: It is not the intent of the Board that the Suntree community develops a Big Brother attitude but rather, to support a spirit of cooperative conduct to enhance and continue Suntree s premiere reputation. These Covenant Enforcement Guidelines are intended to establish a set of measurements that an inspector may use to better define good order and repair. Many of the included measures have been in use by the SMHA inspectors for years, others may be recent additions to the list. Since all conditions and circumstances can not be anticipated, SMHA staff shall use their good judgment when applying these guidelines and measurements. It is not the purpose of SMHA Covenant Enforcement to enforce State statutes or County ordinances. The Covenants Article X, Section 1 states: The laws and ordinances of the State of Florida and Brevard County as well as the Rules and Regulations of their administrative agencies now or hereafter in effect. This covenant informs homeowners that additional restrictions exist outside SMHA perviewpurview. The Enforcement Criteria may also serve to assist the SMHA Appeals Committee as members of that committee weigh the appearance of violations that have been referred to them for action. Enforcement Guidelines 1. Structure: home, garage, attached or unattached structures. The exterior of all structures shall be clean at all times. a. No structure shall contain more than ten (10) percent of mold, mildew, algae, dirt, rust or other foreign matter on the external portion of any side or individual section of the structure. Any external appurtenance to a house or other structure including but not limited to walls, fences, auxiliary buildings, docks, decks, mailboxes, air conditioning units, etc. shall be free of foreign matter at all times. b. Painting. Any structure or external appurtenance that contains blistering, chalking, peeling, flaking, staining, bleeding, leaching or other faults that covers ten (10) percent of any side or individual section of the structure is in violation of the maintenance covenant. Homeowners should ensure that partial painting of a structure blends in with the original paint. 2

3 c. Obvious dark stains that cover less than 10% of a structure may constitute a violation. 2. Driveways. Many different types of driveways exist within Suntree. Most are plain concrete surfaces, but some have been painted or stained, and some are built with pavers. It is the responsibility of the homeowner, or Sub Association in some instances, to keep driveways in good condition. a. Driveways that Exhibit Staining. Most concrete driveways are stained to some degree so that they no longer have that freshly-cured, concrete coloration. Only those driveways that exhibit obvious, dark stains that can be seen from a distance will be considered a violation of good maintenance practice. i. Mold driveways with at least 10% of the area containing dark black or green mold stains are to be considered violations and due for cleaning. ii. Rust rust stains that are dark red and cover a minimum of 10% of the area of the driveway are to be considered violations. Rust stains that appear pink or light red in color are not a violation unless they cover % of the driveway and are obviously noticeable. iii. Oil obvious oil stains that are dark in color and cover an area at least one foot by one foot are violations. iv. Other vegetation, or other substances that cause dark colored stains covering 10% of the driveway are violations. v. Discoloration not attributable to mold, rust, oil, or vegetation can occur and all cleaning methods may prove ineffective. In such circumstance the owner may choose to cover the discoloration with stain or paint, or to replace the concrete. b. Painted Driveways. The Criteria for Stained driveways apply as well to those driveways that have been painted. In addition, painted driveways that show evidence of significant peeling and/or inconsistent paint fading of an area more than 10% of the driveway are in violation. c. Driveways Constructed with Pavers. Driveways made from pavers must comply with the Criteria for Staining. In addition, pavered driveways that are significantly depressed into the soil (10% or more of the surface area) or missing pavers are to be considered in violation of good maintenance practices. d. Cracked/Lifted Driveways. Concrete driveways are subject to cracking over time and most driveways in Suntree exhibit numerous fine cracks throughout the surface. Purposefully placed expansion or isolation joints shall not be identified as a crack. If a concrete driveway has large cracks that exhibit significant lifting of the concrete surface a violation may exist under the following conditions. i. A driveway that exhibits cracks that have more than one and one half inch in horizontal separation are considered a 3

4 violation if that one and one half inch horizontal separation exists for more than three feet in length. ii. Driveways that experience lifting of the surface as exhibited by vertical difference of more than one and one half inch are considered violations if that vertical difference spans at least three feet in length. iii. If a driveway apron crosses a public sidewalk that is owned and maintained by the county, maintenance of the driveway apron remains the homeowner s responsibility and the guidelines established above apply. 3. Walkways. Walkways within Suntree provide the Association with different challenges. a. Some subdivisions within Suntree were built with sidewalks. Brevard County has accepted responsibility for some of those sidewalks and SMHA will not find any homeowner in violation for the condition of those sidewalk. b. Some subdivisions may contain sidewalks for which the County has not accepted responsibility. In those cases SMHA may determine that the individual homeowner or the Sub Association is responsible for proper maintenance using the Guidelines established above for Driveways (staining, cracking/lifting). 4. Roofing. Various types of roofing are found within Suntree: asphalt, tile, metal for example. a. Asphalt. Roofs with complete shingles missing are not in compliance and may be considered a violation. If 10% of the roof s surface is covered by obvious staining/discoloration, the roof may be considered in violation. b. Metal. Metal roofs that have missing or loose panels are not in compliance. If a metal roof exhibits rust or other stains covering 10% of the surface it is not in compliance. c. Wood /Tile. Tile roofs with missing tiles are not in compliance. Tile roofs exhibiting staining covering 10% of the surface are not in compliance. Tile roofs wherein the tiles have faded in color significantly in a non-uniform manner are not in compliance. If there are noticeable differences in color throughout the surface that were not a part of the original design the roof is not in compliance. d. Storm damage mitigation. Homeowners suffering roofing damage as a result of tropical storms may be faced with shortages of roofing materials and labor to effect repairs in a timely manner. Shortage of materials may result in repairs with colors that do not match the original roof. In such instances owners shall be in compliance until the original roof has reached the end of its expected useful life (20 years asphalt, 30 years tile and metal). 4

5 5. Landscaping. As established in the ARC Criteria, a homeowner may install or change landscaping without approval of the ARC. Once established, homeowners must maintain all landscaping. a. Lawns. Lawns must be kept mowed at a reasonable height, on a regular basis. b. Lawns with grass taller than twelve (12) inches are not in compliance. The inspector must bear in mind that during periods of high rainfall, grass may grow very quickly and, if mowed seven days prior, may quickly reach the 12 inch limit. In addition to the 12 inch height limit the inspector must be confident that the lawn is not being mowed on a regular basis (weekly during the growing season, bi-weekly during the dormant season). If a homeowner misses one weekly mowing that is not cause for violation, habitual missing of a regular mowing is a required condition for a finding of not in compliance. c. Lawns may show evidence of stress during the dormant season or under drought conditions. Some grass varieties naturally turn brown during the dormant season. d. All lawns shall be edged along driveways, patios, sidewalks, curbs, and streets. e. No more than twenty (10-20) square feet of the front, or back, or side of any lawn shall contain weeds, chinch bug, fungus, or dead spots. f. Dead trees and shrubs must be removed from the landscape. g. Dead fronds must be removed from palm trees in a reasonable amount of time. One week is not a violation, four weeks is a reasonable amount of time. h. Plant beds. Once established, plant beds must be kept free of weeds and dead plants. 6. Screening. Utility equipment (air conditioners, electrical transformers, pool pumps, for example) and trash cans are to be screened from the view of a person in or on a street. Screening may be accomplished utilizing fencing, or vegetation. This requirement does not intend for an inspector to stand on a street and stare at a screened air conditioner until he/she can discern the shape of the air conditioner behind the vegetation. The screening requirement means that utility equipment or trash cans must have screening to block the view from the street. One foot tall shrubs planted in front of a six foot tall air conditioner do not provide required screening. Four foot tall shrubs planted around a six foot tall air conditioner may be considered adequate screening. Lattice fencing that forms a screen around an air conditioner does satisfy the screening requirement even though a person on a street may be able to see the air conditioner that lies behind the screening. 7. Travel Trailers, mobile homes, boats, trailers and similar items may not be parked on individual lots within the Suntree PUD except for incidental loading and unloading of the vehicle. A homeowner may be found in violation if such prohibited items are noted by the inspector on that 5

6 homeowner s property more than two days in succession. A homeowner who is noticed for such a violation, then cures the violation by removal of the item, only to quickly reoffend with the same violation, is considered to have repeatedly and flagrantly violated the covenants. Notice for subsequent repeat and flagrant violations may be a direct referral to the Appeals Committee for resolution. 8. Amplified Noise Violations shall be limited to those detailed in the Declaration of Covenants section 21. The determination of whether an amplified noise is a violation shall be based on whether the Brevard County Sheriff issues a written warning or violation to the member, their guest, or tenant. If, and only if, the association is provided by the complainant, an issued Brevard County warning or citation the association will begin enforcement actions. 9. Hurricane Protection Systems. Storm protection systems approved for use in Suntree come in many forms. The SMHA ARC Criteria sets forth requirements for approval of permanently installed and removable fixtures. 9.1 Duration of Use Table. Hurricane Season Non-Hurricane Season Reasonable Threat of Storm-Any Season Full Season Deployment with SMHA Notification (Unoccupied) Rear & Sides of Home Street Front of Home Rear & Sides of Home Street Front of Home Shutter Type Removable Shutters Fabric yes yes no no no no Unpainted Metal/Wood yes no no no no no Painted to Match Home- Wood/Metal yes yes yes no no no Corrugated Lexan/Plexi Clear yes yes yes no no no Deployed Permanent Shutters Accordion/Rolldown/Baha ma/colonial yes yes yes * * * Flat Lexan Clear-Skillfully Installed yes yes yes yes yes yes 6

7 * Dusk to dawn use 9.2 WARNING-These Covenant Enforcement Guidelines only provide the deployment approval as it relates to community aesthetics. Residents should research the life safety material supplied by the shutter manufacturer along with applicable building codes, fire codes, and ordinances before deploying or installing any shutter system in an occupied or vacant home. Additionally, these Covenant Enforcement Guidelines provide no assurance that your shutters will meet or exceed Florida Building Code Shutter approval. 9.3 A violation of the maintenance covenants exists when any permanent/removable shutter, or removable part thereof, has significant peeled paint, or is rusted, dirty, moldy, or broken and in disrepair, and any Lexan/Plexi is yellowed/cracked to the point that they are not clear. As an exception, violations will not be issued if deployed for the duration of a reasonable storm threat and its cleanup period afterwards. 9.4 Permanently deployed, clear, flat Lexan Shutters shall be skillfully installed: Lexan material cut and fit to the frame of the existing window as not to be readily visible except upon close inspection. 9.5 As new shutter materials come to market, residents should seek deployment approval from SMHA. 9.6 Reasonable threat of storm shall mean- when Suntree is potentially in the path of a Tropical Depression, Tropical Storm, Hurricane or any other similar type of storm. Storage of shutters after a storm shall be determined based on the storms impact. 14 days after the storms passing shall be used as a general standard. 9.7 If the front or the side of a home faces a street then that front or side is a street front. 10 Pets- After a careful review and plain meaning of Article X, Section 6 of the Declaration does not actually prohibit a resident from having a pet of any kind inside their home. Instead, the language limits the type of pets, only domestic, that can be walked or exercised on streets or common areas of the association. Additionally, the language sets forth that when not being excercised, the domestic pets, are to be kept and confined on the resident s lot, in the home, or on the patio. Other animals that are not considered domestic pets or pets in Section 6 definition must be kept inside the homes, as long as they are not walked or exercised on Association common areas. 7

8 References: Arias Bosinger Opinion letter dated and Section 6 Declaration of Covenants 110 These guidelines are not all inclusive since every possible circumstance cannot be foreseen. Procedures The Covenant Enforcement process includes the periodic inspecting of the homes in Suntree by the staff, as well as homeowner reports of violations. All homeowner reports of violations shall be confirmed by the SMHA staff. If the staff determines that a violation exists, an initial notification to the homeowner shall be made. The initial notification shall provide for at least fourteen (14) days for the homeowner to cure the violation. Many violations can be easily cured by the homeowner and those notices will provide for fourteen (14) days. Other violations may require significant planning time for the homeowner to determine options for curing the violation, obtaining estimates, choosing a contractor, and getting the violation cured. Those significant violations (driveway cracked/lifted beyond limits, roofing beyond repair for example) will be noticed with sixty (60) days allowed for the homeowner to cure the violation. Staff shall be prepared to work with any homeowner that contacts SMHA after receipt of a notice of violation, and grant additional time if required. Homeowners are encouraged to contact SMHA staff after receiving a violation notice especially if they do not agree that a violation exists, or if more time will be required to cure that violation. Once the time allowed by the initial notice has expired, the staff will re-inspect the property to determine if the violation has been cured or if it still exists. If the violation still exists after expiration of the allotted time for the homeowner to cure, a second notice will be sent to the homeowner. This second notice is a referral to the Appeals Committee for resolution. 8

SWYGERTS LANDING CODE. The resource for all Architectural Review Board related items.

SWYGERTS LANDING CODE. The resource for all Architectural Review Board related items. SWYGERTS LANDING CODE The resource for all Architectural Review Board related items. Revised August 31, 2017 Table of Contents Paragraph Page Subject 2 Table of Contents I 3 Procedure for Architectural