Hern s Frest Plicies, September 24, 2014 The Hern s Frest Prperty Owners Assciatin (HFPOA) prvides this dcument t all members as a quick reference t the plicies that gvern Herns Frest. The plicies are derived frm the Declaratin f the Cvenants, Cnditins and Restrictins, By-Laws, Architectural Guidelines and pwers derived frm these legally binding dcuments. The Bard f Directrs has apprved this dcument ARC The Architectural Review Cmmittee is a separate entity frm the Bard f Directrs which is charged by the Cvenants, Cnditins and Restrictins declaratins (CC&R) with the respnsibility fr prir apprval f design f residences, and any exterir alteratins f any nature, including but nt limited t: Paint clr f frnt drs, shutters and trim; Cnstructin f fences, decks, and pls; Mailbxes; Landscaping fr new residences r fr updated landscaping such as the additin f patis Plantings n the apprved list, and; Tree remval. The ARC maintains liaisn with the Flrida Department f Envirnmental Prtectin (FDEP) n all matters related t the Greenspace and Wetlands. ARC guidelines are detailed nline at arundhernsfrest.cm r Escambia Cunty recrds. Submit all ARC apprval requests t the prperty manager. Assciatin meetings and agendas All Assciatin members (wners) are encuraged t attend the annual meeting in December. Ntificatin f this meeting will be mailed t all members at least 14 days prir t the meeting. Bards f Directr meetings are publicly held quarterly and will be nticed 48 hurs in advance. Ntice is psted n a sign just inside entrance gates, the bulletin bard at the pl huse and nline. Only items n the agenda may be discussed except as determined by the Bard. If a member has an item fr the regular bard meeting agenda, cntact the prperty management cmpany 5 business days ahead f the meeting. Bard f Directrs- the vlunteer directrs are elected fr three-year terms at the annual meeting by members f the Assciatin. The Bard elects the Officers annually. Flrida Statute 720.3033 gverns the Bard f Directrs Crime and Security- Duties f the Assciatin are limited t maintenance f the gates and surveillance system. This will nt prevent all crime and the Assciatin des nt have the crprate pwer t enfrce Flrida r Federal law. The Neighbrhd Watch prgram f vlunteers is a separate and distinct rganizatin frm the HFPOA that wrks clsely with the Escambia Cunty Sheriff s ffice. Fr mre infrmatin cntact David Craig, Crdinatr, ECSO Cmmunity Services Unit Crime Preventin Practitiner, State f Flrida ECSO Liaisn, 850 436-9281. If yu bserve suspicius activity r cmmissin f a crime, cntact the Sheriff s Office. Flagples- Althugh the Declaratin prhibits a ple f any kind, Flrida law verrides this limitatin. Any hmewner may erect a freestanding flagple n mre than 20 feet high n any prtin f the hmewner s real prperty, regardless f any cvenants, restrictins, bylaws, rules, r requirements f the assciatin, if the flagple des nt bstruct sightlines at intersectins and is nt erected within r upn an easement. The 1
hmewner may further display in a respectful manner frm that flagple, regardless f any cvenants, restrictins, bylaws, rules, r requirements f the assciatin, ne fficial United States flag, nt larger than 41/2 feet by 6 feet, and may additinally display ne fficial flag f the State f Flrida r the United States Army, Navy, Air Frce, Marines, r Cast Guard, r a POW-MIA flag. Such additinal flag must be equal in size t r smaller than the United States flag. Gates Gate cdes and replacement remtes are available at the prperty management cmpany. These will nly be prvided t wners r tenants currently listed in Assciatin directry. The keypad at the gate is the preferred methd fr vendrs and visitrs accessing HF. HFPOA plicy prhibits giving ut gate cdes hwever vendrs requiring cntinuus access (realtrs, lawn service, delivery services etc.) can be given a vendr cde frm the prperty manager.. Cntact the prperty management cmpany t have yur phne number added t the directry. Once yur hme phne number is n file, when yur name is selected n the keypad yur hme phne will ring and when yu push 9 and the gate will pen Garages and garage drs shuld remain clsed fr security and appearance if the ccupant is nt utside in the immediate area. Greenspace D yu wn yur backyard? N, prbably nt all f it. Much f the area behind (in sme cases beside) ur huses is called Greenspace and is cmmn prperty wned by the Assciatin. In many cases the Greenspace verlaps prperty yu may wn. In the latter case there is a Greenspace deed restrictin n yur prperty. Want t knw where the prperty line is? Check yur survey r a plat f the subdivisin. Abut Wetlands There is an area f legal Wetlands encmpassed by prtins f Hern s Frest, mst ntably, but nt limited t, the area between Grallatrial and Rail Rads, which may nt be encrached upn nr mdified in any way. This area must be left in its natural state. N wetlands area is lcated in any wners prperty, s a careful examinatin f the fficial plat will shw the bundaries f the area which the resident has cgnizance ver. There may frm time t time be an issue f necessary maintenance in a wetlands area, fr example a dead tree which culd threaten ne s residence. Shuld that be the case, cntact the prperty manager and the ARC will cnsult with the Flrida Department f Envirnmental Prtectin (FDEP) befre taking any actin. It is illegal t depsit mulch, debris (including dead trees) r any fill in any wetlands area. Abut the Greenspace There are abut 4.5 acres arund us that we call the Greenspace. Actually, it is a nature cnservancy wned by the FDEP. FDEP has granted HFPOA a cnservatin easement fr limited use f the area (hiking, bird watching, etc.). The purpse f the EPA easement is... t assure that the subject lands will be retained and maintained frever predminately in the natural vegetative and hydrlgical cnditin... " Dumping f yard waste in the Wetlands r Greenspace adjacent t yur prperty is a vilatin f HFPOA plicy and Flrida Department f Envirnmental Prtectin (FDEP) rules. It can lead t fines and the cst f remving any dumped yard waste. If yu bserve anyne dumping waste n the trails r in the wds r wetland, ntify the prperty manager at 850-492-2000. The FDEP will be ntified and fines up t $10,000 can be levied per Flrida Statute. Pet excrement must be remved frm Greenspace and cmmn areas by the pet wners. D yu wn the trees n yur prperty? Our legal dcuments spell ut deed restrictins and architectural rules we have all agreed t fllw. Trees larger than 4 in diameter at chest height may nt be cut dwn withut written apprval frm the Architectural 2
Review Cmmittee. As described in the legal dcuments, the Assciatin will fine fr cutting trees withut ARC written permissin. T apply fr permissin t cut the trees larger than the prescribed width submit a written request t the Architectural Review Cmmittee (ARC) c/ prperty Management Cmpany. Greenspace maintenance. Within the bundaries f the wners lt lines, yu are allwed t undercut the frest canpy as necessary t encurage prper grwth and maintain the frest flr in a natural state. Such maintenance can yield healthier trees and strengthen the verall frest. This is particularly true where such maintenance remves invasive species such as wild grape, pisn ivy, Virginia Creeper, Cat briar, Saw Greenbrier, etc. Mailbxes- must cnfrm t the unifrm Hern s Frest design. Fr infrmatin n purchasing a new mailbx, pst, decals r numbers cntact the prperty management cmpany. It must be maintained: clean, painted, lg decals intact and in gd cnditin. Maintenance f prperty-wners shall keep their lts and any imprvements theren (including landscaping) as well as any adjacent land areas in the rad right f way between the lt line and the curb f the rad, neatly, diligently and prperly maintained, clean and sanitary at all times. Failure t prvide such maintenance shall be grunds fr suit by any ther prperty Owner in the Develpment, the Assciatin, the Declarant, the Architectural Review Cmmittee and/r apprpriate gvernmental agencies, and shall als subject each Owner t the sanctins prvided fr in Article V, sectin 11. T assist wners and residents with understanding their respnsibilities t maintain the lk f Hern s Frest, the fllwing minimum standards have been established and will be inspected fr cmpliance: 1. Landscaping and lawns shall shw evidence f rutine maintenance. 2. Grass shall be rutinely cut during the grwing seasn and nt allwed t reach an extreme length. 3. Lawns shall be edged and trimmed such that grass des nt grw ver curbs. 4. Yards shall be watered, fertilized and treated with insecticide/fungicides t maintain a pleasant appearance. 5. Beds shall be cleaned and edged, and shrubs shall be neatly trimmed. 6. Mailbxes shall be maintained and huse numbers must remain unbscured. 7. Curbing, walks and driveways need t present a clean natural cement (r brick, as apprpriate) appearance. 8. Owners shall remve dead plants and especially dead trees as sn as pssible fr bth visual and safety reasns. 9. Lawn and garden rnamentatin shall be in gd taste. Residents are encuraged t display seasnal decratins, hliday lights, etc. hwever, exceedingly garish, lud r bright decratins are prhibited. 10. Owners f vacant lts are respnsible fr their maintenance. They must be minimally maintained and prevented frm encrachment n neighbring lts and streets. Parking- Daylight parking n ur streets shuld be temprary and infrequent. Overnight street parking is nt permitted. Parking bat trailers r RVs n streets is nt permitted but is allwed in yur driveway fr a perid nt mre than 48 hurs. Temprary daytime bat and RV street parking fr cleaning and prvisining is permitted. Any cmmercial vehicle must be parked inside the garage. The pl parking lt is intended fr pl and tennis visitrs. Bat trailer and RV parking is prhibited at all times in the pl parking lt. Rutine use f pl parking is nt permitted. The ccasinal use f pl parking fr yur guests r wrkers is permitted if the prperty management cmpany has been ntified. Parking n unprepared surfaces (including yur yard) is prhibited. Pets- Pets must be well grmed; maintained in a sanitary cnditin; and may nt be bred fr any cmmercial purpse. Pets are nt permitted t be present beynd the bundaries f an Owner s lt withut being leashed r caged. When any such authrized pets are beynd the bundaries f the Owner s Lt, the Owner shall be respnsible fr prmpt clean up and sanitary dispsal f any slid pet excrement. 3
Pl One adult in each party shuld wear r have visible the HFPOA rubber bracelet which designates authrized cmmn area users. Bracelets are available frm the prperty manager. One bracelet is issued t each wner. Pl Hurs ~6AM 10PM N Life Guards ~ swim at yur wn risk Pl Capacity: 36 persns Shwer befre entering the pl An adult in the pl area must accmpany children under the age f 16. Guests must be limited and accmpanied by their resident hst. Pl is restricted t lap swimming frm 9-10 (AM & PM) Children nt tilet trained must wear swim diapers and swim suits. Pl participants are asked t keep the nise level t a minimum. The fllwing are prhibited in the pl area: Diving Skate bards Animals Running Smking Bicycles Hrse Play Glass cntainers Fd The pl deck may becme slippery, please walk with cautin. The pl may nt be RESERVED fr any activities r parties. Water aerbics and swimming classes may nt mnplize the pl, as the pl is always pen t residents and their guests. NOTE: If yu bserve unauthrized peple at the pl, ntify the prperty manager as sn as pssible. Reprt suspicius activity t the Escambia Cunty Sheriff. Basketball Backbards Permanent Must be apprved by the ARC. The request shuld describe hw it will be munted and its lcatin. Prtable Must be apprved by the ARC. It must be placed as clse t the garage as pssible making them ut f visible sight frm the street as much as pssible. When nt in use fr a perid f time, mve it ut f sight cmpletely. Further, the Prtable Basketball Backbard must be in gd cnditin. If it becmes an unsightly architectural element due t weathering, age, wear and tear cnditin, r any ther damaged cnditin then the ARC Cmmittee shall direct the 4
wner t remve the backbard. Playgrund Equipment -The ARC must apprve bth permanent and prtable playgrund equipment visible frm the street. It must be in gd cnditin. If it becmes an unsightly architectural element due t weathering, age, wear and tear cnditin, r any ther damaged cnditin then the ARC Cmmittee shall direct the wner t remve the playgrund equipment. Rental Plicy- Owners shall be respnsible fr tenants / ccupant's actins r miscnduct and adherence t the Rules and Regulatins f the Assciatin. Each wner shall be respnsible fr prviding tenants with a current cpy f the Assciatin Rules and Regulatins. Particular attentin shuld be made t plicies regarding landscape maintenance, parking, speed limit, green space, Architectural Guidelines and use f cmmn areas. The prperty wner shall be respnsible fr keeping the management cmpany infrmed f any change in ccupancy. Owners shall prvide the management cmpany with the names f authrized rental management agents, ccupants, their telephne number and email address (if available) and lease expiratin date. Access t cmmn areas and gate cdes is nt authrized until this infrmatin has been reprted. If yu are a prperty wner wh decides t rent yur hme r t therwise delegate yur right f enjyment", review The Declaratin f Cnditins, Cvenants, and Restrictins, Article IV, Sectin 1, Residential Use: All lts shall be used and ccupied slely fr single family residential purpses Yu are required t reprt the names f the ccupants and rental management agency t the Secretary f the Bard f Directrs, via the frm prvided by the prperty manager within ten (10) days f tenant ccupancy. The fllwing infrmatin is required: A. Acknwledge in writing yur tenant, lessee, r cntract purchaser fully understands the COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R), and has received a cpy f the current HERON S FOREST POLICY pamphlet. B. Acknwledge the wner will be held respnsible fr the actins f yur tenants, including any penalty assessments fr vilatins f the Rules and Regulatins f the Assciatin, as well as any csts fr repairing damage t the cmmn area r ther prperty caused by yur tenants. C. Prvide tenant/wner/rental management agency emergency infrmatin and lease expiratin date n the required frm available frm the Prperty Management Cmpany. FAILURE TO COMPLY WITH THE RULES IN THIS SECTION WILL SUBJECT THE PROPERTY OWNER TO A HEARING BY THE BOARD OF DIRECTORS AND PENALTY ASSESSMENTS OF $50.00 FOR EACH MONTH OF NON-COMPLIANCE In accrdance with Flrida Statute 720.3085 If the parcel is ccupied by a tenant and the parcel wner is delinquent in paying any mnetary bligatin due t the assciatin, the assciatin may demand that the tenant pay t the assciatin the subsequent rental payments and cntinue t make such payments until all the mnetary bligatins f the parcel wner related t the parcel have been paid in full t the assciatin and the assciatin releases the tenant r until the tenant discntinues tenancy in the parcel. This Rental Plicy has been apprved by the Bard f Directrs in the exercise f their pwers in accrdance with the By-Laws, Article VII, Sectin 7.1. 5
Satellite Dishes - Article IV Sectin 16 Antennas. The ARC must apprve installatin f satellite dishes. Other antennae are prhibited. Cntact the prperty management cmpany t request ARC apprval prir t installatin. Signs - N signs allwed except real estate and alarm system n premise. Hmes under cnstructin have a variance t allw builder identificatin, permits, etc. Sign restrictins are clear in the CCR dcuments and will be enfrced. Slar panels Must be apprved by the ARC. A drawing f where the panels will be situated with the type f panel and name f cmpany perfrming the installatin must be included in the apprval request. Speed limit in Hern's Frest is 15 MPH. - Yu endanger children and ther pedestrians by speeding thrugh ur streets. The Escambia Cunty Sheriff des nt enfrce speeding vilatins, the HFPOA des. Reprt speeders t the prperty manager, including cmmercial and service vehicles. Street lights - If a light is ut r damaged, ntify the prperty management cmpany and it will be reprted t Gulf Pwer. Reprt the number n the metal tag n the lamppst. If the light has nt been repaired in 2 weeks please call the prperty management cmpany and reprt the same. Sprts Curt - The curts are fr residents and their guests. N guest may use the curt unless a resident accmpanies him/her. The special surface f the curts is such that wheeled vehicles r shes, hard sled shes and ther similar grund cntacts culd easily damage the fabric and lead t cstly repairs beynd the warranty. The sprts curts are ONLY used t play tennis and basketball. An adult must accmpany children under the age f 16 at the tennis curts. The adult must be 18 years r lder. Due t negligent r malicius damage t the curt surface the fllwing rules will be enfrced: Tennis shes nly N harassment r nuisance behavir, including lud music, prfanity, r ther utbursts N ne with impaired judgment Only residents and guests Residents must accmpany the guests ONLY used t play tennis r basketball Under age 16 accmpanied by an adult (adult age 18 and lder) N climbing n the fence N smking N animals N fd (including chewing gum) N glass cntainers N bikes N skatebards N skates Trash cans - All garbage and trash cntainers shall be kept clean and sanitary, and must be placed in a walled in area r screened frm view s that they shall nt be visible frm any Lt line (except fr apprved garbage cans awaiting pickup by garbage services, but, in such case, nly fr the limited perid f time f time reasnably required t accmmdate such cllectin). 6
Trash day - At this time ur trash day is Wednesday. Typically trash shuld be put ut after 4:00 pm n Tuesday and all trash cans returned t their hidden frm street view psitins by 6:00 pm n that Wednesday. HFPOA Bard recmmends subscribing t the ECUA recyclable trash cans. Fr all ECUA infrmatin n Trash, Recyclables, Yard Trash and large items, new cans - call 476-0480 Trut Pint - The Navy and the State f Flrida have designated Trut Pint fr the express purpse f natural resurce bservatin and educatin. Per Navy directive the preserve is pen nly if we mind ur manners and respect the Navy prperty. The Navy Natural Resurces Manager has issued the fllwing plicy: Pets must be leashed N Hunting N Camping N swimming N Fires N bats N Bicycles N Mtrized Vehicles D Nt Feed r Harass Wildlife D Nt Disturb Native Vegetatin Hurs 0600 t ½ hur befre sunset Nte: The Navy land is subject t the jurisdictin and enfrcement f federal criminal laws and any prhibited activities are subject t federal criminal prsecutin. CC&R ART VIII. T reprt vilatins cntact Pensacla NAS Security 452-2453 r the Navy Natural Resurce Manager 850-452-3131 ext. 3008. Vilatins and fines Once ntified f a vilatin, if the infractin is nt crrected yu may be fined r yur privileges as an Assciatin member rescinded. If yu d receive a fine there is a prcess fr the ffending party t appeal at a hearing f their peers. CC&R Article IX General prvisins Sectin 1 - Enfrcement. Psting gate cde t the public $100 Parking vilatins: $50 Pl Vilatins: $50 Tennis vilatins: $50 Damage t amenities: $100 plus repair csts Pet vilatins: $50 Cutting trees withut apprval: $100 per tree plus restratin csts Safety vilatins: $50 Landscaping vilatins: $50 plus restratin csts Speeding $50 Wetlands/Greenspace vilatins including remval f vegetatin and dumping f waste will be reprted t Flrida Department f Envirnmental Prtectin (FDEP) rules and subject t fines levied by FDEP 7
References frm legal dcuments Pwer and Duties f the Bard Bylaws f The Hern s Frest Prperty Owner s Assciatin, Inc. Article VII Pwers and Duties f the Bard f Directrs Sectin 7.1 Pwers. The Bard f Directrs shall (a) Adpt and publish rules and regulatins gverning the use f the Cmmn Area and facilities, and regulating the persnal cnduct f the Members, their families, guests, tenants, agents and cntractrs in the use f the Cmmn areas, and t establish, if apprpriate, penalties fr the infractin theref. (c) Suspend the vting rights f a Member during any perid in which such Member shall be in default in the payment f any assessment levied by the Assciatin. Such rights may als be suspended after ntice and hearing, fr a perid nt t exceed sixty days, fr infractins f published rules and regulatins by the Members r their families. Rights f the Owners and Assciatin Declaratin f the Cvenants Cnditins and Restrictins fr Hern s Frest ARTICLE VI Cmmn Areas Sectin 1. Owner s Easements f Use and Enjyment. Every Owner shall have a right and easement f use and enjyment in and t the Cmmn Areas, r any part theref, which shall be appurtenant t and shall pass with the title f every Lt, subject t the fllwing prvisins: B. The right f the Assciatin t suspend the vting rights and the right f an Owner t use and enjy the Cmmn Areas r any part theref fr any perid during which any assessment against his lt remains unpaid r any vilatin f the prvisins f this Declaratin remains uncured: and fr a perid nt t exceed ninety days fr any infractin f its published rules and regulatins pertaining t the use and enjyment f any such recreatinal facilities; E. The right f the Assciatin t limit the use f any Cmmn Areas by published rules and regulatins, including the number f guests and prescribing hurs f usage, and t prmulgate rules and requirements apprpriate fr the peratin, maintenance, and replacement f gates and ther security equipment and devices. 8