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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND OPERATION AND MAINTENANCE AGREEMENT FOR SOUTHERN OAKS EAST, LLC, A SUBDIVISION
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS The (“Declaration”) is made this 13th day of February A.D., 2007 by and between Southern Oaks East, LLC, hereinafter referred to as the “Developer” and SOE Homeowners Association, Inc., a Florida corporation, not for profit, hereinafter referred to as the “Association”. The covenants, restrictions and easements hereinafter mentioned are intended to “run with the land “
The parties recite as follows:
RECITALS
Southern Oaks East, LLC, is the owner in fee simple of a certain parcel of real property located in Plant City, Hillsborough County, Florida, as per map or plat thereof recorded in Public Records of Hillsborough County, Florida, and being more particularly described as follows:
(SEE ATTACHED EXHIBIT "A")
The “Developer” intends to develop the property and provide a uniform plan for the development, expansion and continued operation of Southern Oaks East, LLC. By this document, the "Developer” intends to enhance and protect the value, attractiveness and desirability of lots or tracts constituting the subdivision and the Developer hereby declares that all of the real property described above and each part thereof shall be held, sold and conveyed only subject to the following easements, covenants, conditions and restrictions which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.
The Developer has deemed it desirable, for the preservation of the values and amenities in the Subdivision, to create an entity which should be delegated and assigned the powers of maintaining and administering the Subdivision's properties and facilities and administering and enforcing the covenants and restrictions and collecting and dispersing the assessments in charges hereinafter created and further the Developer has Incorporated under the laws of the state of Florida, SOE Homeowners Association, Inc. for the purpose of exercising the functions stated above.
ARTICLE I
MEMBERSHIP IN ASSOCIATION:
SECTION 1. Membership. Every owner of a lot shall be a member of the SOE Homeowners Association, Inc; membership shall be appurtenant to and may not be separated from ownership of a lot.
SECTION 2. Conveyance of Common Areas. The Developer may convey the Common Areas at any time as it is obligated to convey same to the Association by law. The Association shall accept the Common Areas, if tendered, and assume all of the obligations and duties intended thereto.
SECTION 3. Title to Common Areas. The Developer may retain the legal title to the Common Areas until such time as he or she conveys it to the Association or makes some other provision for the relinquishment or transfer of the legal title to the Common Areas. If Developer transfers legal title to the Common Areas, the Association shall accept legal title thereto and shall assume all of the duties and responsibilities regarding management and maintenance and re-inspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit. The Association shall have the legal title to the Common Areas upon the conveyance of the Common Areas to the Association.
SECTION 4. Board of Directors. Within thirty (30) days of the date of the conveyance of the legal title to the Common Area from the Developer to the Association, a special meeting of the members of the Association shall be held for the election of a Board of Directors. Immediately prior to said meeting, the existing Board of Directors shall resign.
ARTICLE II
ASSESSMENTS
SECTION 1. a) Lien and Personal Obligation of Assessments. Developer hereby covenants for each lot within the subdivision, and each owner of a lot, is hereby deemed to covenant by acceptance of his or her deed for such lot whether or not it shall be so expressed in his or her deed to pay to the Association (1) annual assessments and (2) special assessments for capital improvements or repair. Such assessments will be established and collected as hereinafter provided. Owners will be charged $ 40.00__ per month per lot to be collected in advance semi-annually, said fee to begin when said property is conveyed from Developer to owner. If said lien is not paid within thirty (30) days, then pursuant to Section 7 hereunder, the annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land a continuing lien on each lot against which such an assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees shall also be the personal obligation of the person or persons who owned the lot at the time the assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them. No such assumption shall relieve any owner personally obligated hereby for delinquent assessments from such owners personal liability therefore.
SECTION 2. Purpose of Annual Assessments. The annual assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the subdivision, and for the improvement and maintenance of all the Common Areas, as well as for the establishment of reasonable reserve for the maintenance, repair, and replacement of roads, gates, storm drains and other improvements upon the Common Area. The Developer will initially own a majority of the lots and have the right to collect, hold and distribute these funds as it sees fit. Annual assessments shall include, but not be limited to, and the Association shall acquire and pay for, out of the funds derived from annual assessments, the following:
a) Maintenance and repair of all the Common Areas.
b) Maintenance and repair of the surface water management system facilities that shall include, but are not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas wetlands and any associated buffer areas, and wetland mitigation areas, street lighting, roads and areas not being dedicated to general public use within the confines of the subdivision.
c) Liability insurance insuring the Association against any and all liability to the public, to any owner, or to the invitee or tenants of any owner arising out of their occupation and/or use of the Common Area. The policy limits shall be set by the Association, and shall be reviewed at least annually and increased or decreased in the discretion of the Association, and any other insurance deemed necessary by the Board of Directors of the Association.
d) A standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Association in an amount to be determined by the Board of Directors.
e) Any other materials, supplies, furniture, labor, maintenance, repairs, insurance, or assessments which the Association is to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the Common Areas, for the benefit of lot owners, or for the enforcement of these restrictions.
SECTION 3. Annual Assessment. Annual assessment for the Association shall be levied as follows:
a) The annual assessment shall be fixed by the Board of Directors of the Association, and shall be proportioned equally among each lot owner. Said assessment shall be reviewed annually and may be, at the discretion of the Association, increased or decreased in accordance with this Declaration and the By-Laws of the Association. The maximum annual assessment levied by the Association each fiscal year shall be adequate to finance the operations and activities of the Association, to satisfactorily maintain the Common Areas, and to establish and maintain adequate repair and maintenance reserves.
b) No assessment shall be levied against any lot owned by the Developer, his or her successors, or assigns, prior to its conveyance of the said property.
SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement on the Common Area, including fixtures and personal property related thereto.
SECTION 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots.
SECTION 6. Commencement and Collection of Annual Assessments. The annual assessments provided for herein shall commence as to a lot immediately following the conveyance of said lot by Developer to an owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance to the due date thereon and shall fix the date such amounts become due. Notice of the annual assessments shall be sent to every owner subject thereto. The Association shall, on demand and for a reasonable charge, furnish a certificate signed by an Officer of the Association, setting forth whether the assessments against a specific lot have been paid, and may, at its discretion, from time to time, cause to be recorded in the Public Records of Hillsborough County, Florida, a list of delinquent assessments as of that date.
SECTION 7. Effect of Nonpayment of Assessments Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law to collect delinquent assessments against the owner personally obligated to pay the same or may foreclose the lien against the owners property; and the Association shall be entitled to collect all costs and reasonable attorneys' fees incurred in collection with said action on both the trial and appellate court levels. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot. In addition to the foregoing remedies, the Board may assess a "Late Fee" of twenty percent (20%), compounded monthly, of the delinquent assessment for each Periodic, Special or Extraordinary Special Assessment which is more than ten (10) days delinquent, for the purpose of helping to defray collection costs.
SECTION 8. Subordination of Assessment Lien to Mortgages. The assessment lien provided for herein shall be subordinate to the lien of any first mortgage. The assessment lien shall survive the sale or transfer of any lot. However, the sale or transfer of any lot pursuant to a mortgage foreclosure shall extinguish the assessment lien as to payment which becomes due prior to such sale or transfer. No sale transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE III
PROPERTY RIGHTS
SECTION 1. Legal Title. The Developer shall retain the legal title to the Common Areas until such time as they convey it to the Association or makes some other provision for the relinquishment or transfer of the legal title to the Common Areas.
SECTION 2. Owner's Easements of Enjoyment. Every owner of a lot shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to such lot, subject to the rights of the Association to construct, repair, rebuild, maintain, and otherwise control the Common Areas of Southern Oaks East, LLC.
SECTION 3. Right of Entry. The Association, through its duly authorized employees and contractors, shall have the right after reasonable notice to the owner thereof, to enter any lot at any reasonable hour on any day to perform such maintenance as may be authorized herein.
SECTION 4. Other Easements. The Developer has granted blanket easements for installation and maintenance of utilities and drainage facilities as shown on the plat of Southern Oaks East, LLC.
SECTION 5. Right of Dedication.
a) The Association or the Developer, before the time that he, his successors or assigns, conveys the Common Areas to the Association shall have the right to dedicate or transfer all or any part of the Common Areas to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be necessary to carry out the purposes of the subdivision and to enhance and protect the value, attractiveness and desirability of the lots or tracts within Southern Oaks East, LLC. After the Association has assumed ownership of the Common Areas of Southern Oaks East, LLC no such dedication or transfer shall be effective unless approved by affirmative vote of a majority of voting interests in the Association.
b) If the association ceases to exist, all of the lot owners, parcel owners or unit owners shall be jointly and severally responsible for operation and maintenance of the surface water management system facilities in accordance with the requirements of Environmental Resource Permit, unless and until an alternate entity assumes responsibility as explained in subsection 2.6.2.2.4.h.
ARTICLE IV
RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOMEOWNERS ASSOCIATION
SECTION 1. Operation and Maintenance of all Common Areas and Surface Water Management Systems. Upon conveyance of the Common Areas to the Association, the Association shall be responsible for the operation, maintenance and re-inspection reporting shall be performed of the Common Areas and the Surface Water Management System, in accordance with the Environmental Resource Permit used by the South West Florida Water Management District. The Association shall maintain and repair the Common Areas so that they are kept in good condition.
SECTION 2. Powers & Duties. The Association, through the Board of Directors, or other governing board, shall have the powers and duties for the administration of affairs of the Association. The powers and duties exercised by the Association, through its governing board, shall include, but not be limited to, the following:
a) Set annual assessments, set special assessments, collect all assessments.
b) Maintenance, repair, replacement of the Common Areas.
c) Adoption, distribution, amendment, and enforcement of rules governing the use and operation of the Association and the use of the Common Areas.
d) Procurement and maintenance of insurance as is warranted.
e) Maintenance of accounting records, in accordance with law and generally accepted accounting principles, which records shall be made available for inspection by individual members.
f) Authorization and prosecution, in the name of the Association, of any and all actions and proceedings deemed necessary or appropriate in furtherance of the interests of the Association generally, including suits to foreclose liens for non-payment of assessments or to recover money judgments for unpaid assessments. In accordance with the provisions of Florida Statues 713
g) Entry into any and all contracts deemed necessary or appropriate in furtherance of the interests of the Association generally.
h) Employment and dismissal of personnel deemed necessary or appropriate for the maintenance and operation of the property, the Common Areas and the restricted Common Areas.
i) Establishment of bank accounts in the name of the Association and authorization of signatories therefore.
j) Contracting for repairs of and additions and improvements to the Common Areas, and for repairs to and restoration of the Common Areas in accordance with the provisions of these Declarations.
All rights, powers and privileges reserved to the Developer herein are severally assignable to the full extent of each.
SECTION 3. Annual Budget. Each year, the Association, through the Board of Directors, or other governing board, shall prepare a proposed annual budget of the common expenses of the Association. This budget shall include the projected operating expenses for the succeeding year; said budget shall detail the estimated expenses for the Common Areas as well as for the general operating and administrative expenses of the Association. In addition to the annual operating expenses, the proposed budget shall include reserve accounts for the maintenance of roads and all other Common Areas.
As used in this Declaration, "common expenses" shall mean those expenses for the maintenance, repair and replacement of the Common Areas, including roads, storm drains, and other improvements upon the Common Areas, including those items in Article II herein above mentioned, as well as the general operating and administrative expenses of the Association.
For projects which have on-site wetland mitigation as defined in section 1.7.24 which requires ongoing monitoring and maintenance, the declaration of protective covenants, deed restrictions or declaration of condominium shall include a provision requiring the association to allocate sufficient funds in its budget for monitoring and maintenance of the wetland mitigation area(s) each year until the District determines that the area(s) is successful in accordance with the Environmental Resource Permit.
SECTION 4. Operational Integrity, Maintenance Access and Inspections.
2.9 Dedication of the VUB as a permanent water management area is required. If the VUB is part of a subdivision or other third party resale proposal, legal reservation in the form of a conservation easement or other permanent easement to the O & M permittee, or other enforceable protection and limitation of land use within the VUB must be provided to ensure operational integrity and maintenance of the VUB serving the upstream contributing area. The dedication shall include rights for vehicular access from the nearest public road, unless the operation and maintenance entity wholly owners or retains ownership of the adjoining property that has legal accessibility. At a minimum, the legal reservation must include the entire area of the VUB. VUB’s and adjoining contributing areas be inspected periodically by the permittee or authorized representative. Buffer areas should be examined for damage by pedestrian or vehicular traffic, encroachment, gully erosion, adequate density of vegetation, and evidence of channelized or concentrated flow from upstream, through or around the buffer (Schuler 1987). When needed, repairs or restoration to the VUB must be begun immediately after discovery. Repaired areas must be promptly re-established with native vegetation. Undesirable plant species such as “weedy” and exotic plants should be property controlled before they choke out the natural grasses and ground cover needed for controlling non-point source pollutants and maintaining overland flow.
A copy of the proposed annual budget will be mailed to each owner of the Association, by mailing a copy of said budget, together with a notice of the meeting, in a manner and within the time as provided by Article II of the By-Laws of the Association.
A final budget shall be approved by a simple majority vote of the Association.
ARTICLE V
CREATION OF HOME OWNERS ASSOCIATION AND CONSTRUCTION
SECTION 1. Creation of Home Owners Association. As long as Developer or his or her successors, or assigns retains control of a majority of the Board of Directors, and has not conveyed the Common Areas to the Association, the Developer or their designated representative shall exercise and carry out the functions of the Association as hereinafter defined. After the Association has assumed control of the Board of Directors, and assumed the obligations of the Common Areas, and to exercise and carry out the functions of said board as hereinafter defined.
SECTION 2. Construction, Reconstruction, Repairs and Alterations. The owner of any lot in Southern Oaks East, LLC prior to (i) commencing construction of a new residence; or (ii) making any alterations, additions or improvements to an existing residence; or (iii) repairing, reconstructing or rebuilding or improving any residence which has been totally or partially destroyed or damaged by fire, or other casualty shall first submit a copy of the complete plans and specifications for any such construction activity to the Developer or the Association for its approval. The Developer or the Association shall grant approval only if the design proposed by the owner shall; (i) be harmonious in external design with other finished residence; (ii) benefit and enhance the entire planned unit development in a manner generally consistent with the plan of development of the entire planned unit development; and (iii) meets all of the requirements imposed by the covenants, conditions, and restrictions of this Declaration.
Any owner has a right to report any infraction of the rules being violated to the Developer or the Association. The Developer or the Association, may issue temporary permits to except any prohibitions expressed or implied by this section, provided the Board can show good cause and acts in accordance with adopted guidelines and procedures of Southern Oaks East, LLC.
SECTION 3. Approval of Committee, How evidenced. Whenever in this Article, approval of the Developer or the Association, is required, such approval shall be given in writing.
ARTICLE VI
USE RESTRICTIONS
Southern Oaks East, LLC shall be occupied and used only as follows:
SECTION 1. Said lots shall be used solely for single family residential purposes only, and only one single-family dwelling may be placed on a lot in said residential tract.
SECTION 2. All residences shall be site built homes, which shall be deemed to include modular homes units with the approval of the Developer or Association.
SECTION 3. No structures of a temporary or permanent character such as recreational vehicle, travel trailer, tent, barn, tree house, and shack or any other similar outbuilding or structure shall be used on any lot at any time as a residence, either temporarily or permanently. No residence shall be built or placed on any lot which does not contain a minimum of two (2) baths, and shall contain a minimum of 3,000 square feet of living area, exclusive of garages, porches and other non air-conditioned and heated areas. That shall not, however, be construed as a restriction for storage buildings, one per lot, provided, however, that the same shall not be unsightly in the judgment of the Developer or Association, and that said storage building shall be of new material and constructed to be architecturally alike on it’s exterior as the primary dwelling. The said barn shall be of new material and is to be used for the purpose of storing animals, equipment or as workshops, etc. Tree houses and swing sets are allowed in the back yard and should be placed out of site if possible. These structures must be constructed of new materials. Swing sets should not exceed 8 feet in height. Plans for said storage buildings, barns, tree houses and swing sets must be approved by Developer or Association prior to construction, (except temporary construction site trailers or construction vehicles owned by the Developer).
SECTION 4. All clothes lines, umbrella clothes reels, exterior radio, T.V. or other electronic antennas, satellite dishes, pumps, fuel tanks and other storage tanks shall be allowed only if placed in an inconspicuous area at the rear of the home; except satellite dishes less than three (3) feet in diameter may be attached to the primary dwelling, if not visible from the street.
SECTION 5. No signs of any kind shall be displayed to the public view on any parcel except one sign of not more than five (5) square feet advertising the property for sale or rent. Nothing contained herein shall be construed as prohibiting the Developer of this subdivision or its successors or assigns form erecting and maintaining advertising signs without restrictions as to size upon the property until such time as all of the lots within the subdivision have been sold.
SECTION 6. All mailboxes shall be new and of uniform size, shape and color and paper delivery shall be incorporated in the mailbox or approved by the Developer or Association, only one per lot.
SECTION 7. No walls, fences, gates or hedges shall be erected or maintained on said property which detracts from the beauty of the property or which is poorly made or constructed from used or inferior materials and none shall be of a height of more than four (4) feet without approval in writing from the Developer or Association. Board fences must be of new material and of a height of at least three (3) boards with each board being at least six (6) inches wide, and new posts shall not be over eight (8) feet apart. All plans must be approved by Developer or Association.
SECTION 8. All trees within the limits of this subdivision may be removed by the owners of the lots on which the trees are located, subject to the requirements of Hillsborough County Ordinances, or other appropriate governmental laws or regulations.
SECTION 9. If any residential unit is substantially damaged by fire, windstorm or any other cause, the homeowner shall repair or remove the damage within a reasonable time or the Association may do so at the owner's expense. A reasonable time is further defined to be ninety (90) days. If this creates a hardship, the owner may appeal to the Developer or Association for variance. If the owner elects to repair the damage, such repair shall begin as soon as practical after the damage has occurred. All debris shall be removed immediately by the homeowner. No debris is to be placed in drainage ditches or on common ground.
SECTION 10. Nothing shall be done or kept on a lot or on the Common Area which would increase the rate of insurance relating thereto without the prior written consent of the Association, and no owner shall permit anything to be done or kept on his lot or the Common Areas which would result in the cancellation of insurance on any residence or on any part of the Common Areas, or which would be in violation of any law.
SECTION 11. Each owner shall keep his / her home and all improvements therein or thereon in good order and repair at all times, including pressure washing and painting if necessary, (or other appropriate external care of all buildings and other improvements). Keep free of all debris including but not limited to seeding, watering, mowing of all lawns and pruning and cutting of all trees and shrubbery all in a manner and with frequency as is consistent with good property management, and under the direction of the Developer or Association.
SECTION 12. Lot owners shall keep their lots mowed and in a neat, clean an orderly condition. All owners of vacant lots or absentee owners must arrange for grass to be mowed on a regular basis.
In the event an owner of any lot shall fail to maintain the premises and improvements situated thereon as provided for herein, the Association, after a ten (10) day notice to the owner as provided in the By-laws and approval of two-thirds (2/3) vote of the Board of Directors shall have the right ( but without the obligation) to enter upon said lot to correct drainage, and to repair, maintain, restore the lot and exterior of the buildings and any other improvements erected thereon without such entrance and removal deemed a trespass. All costs related to such correction, repair, cutting or trash removal shall constitute a special assessment upon such lot.
All drainage ditches in and around Southern Oaks East, LLC shall be kept free and clear. No dumping of grass clippings or any other refuge is permitted. In the event that it is determined that an owner of any lot has caused the dumping of grass clippings or other refuge in or around any drainage ditch within Southern Oaks East, LLC, and upon the request of the Association fails to clear such refuge within ten (10) days the Directors of the Association shall remove and correct the same (but without the obligation). All costs related to such correction, repair, or removal shall constitute a special assessment upon such owner(s) lot.
SECTION 13. Nothing shall be altered in, constructed on, or removed from the Common Area except on the written consent of the Developer or Association.
SECTION 14. It shall be the responsibility of each property owner, within the subdivision, at the time of construction of a building, residence or structure to comply with the construction plans for Surface Water Management System, approved and on file with the Southwest Florida Water Management District (SWFWMD).
SECTION 15. No owner of property, within the subdivision, may construct or maintain any building, residence or structure, relative to any portion of the surface water management system facilities. Prohibited activities include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item; constructing or altering any water control structure; or any other construction to modify the surface water management system facilities. If the project includes a wetland mitigation area, as defined in section 1.7.24, or a wet detention pond, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without approval from the District. Construction and maintenance activities which are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District.
SECTION 16. No noxious, illegal or offensive trade or activity shall be carried on upon any of the property, nor shall anything be done thereon that may be or become an annoyance or nuisance to the neighborhood or detriment to the value of any neighbor’s property. Such noxious or offensive activity includes any commercial activity and agricultural activity for commercial purpose, such as cattle feedlots, swine or poultry farms, and others of a like nature, with the exception of the business of Developer and the transferees of Developer in developing all of the lots as provided below.
Nothing in this declaration shall be understood or construed to:
a) Prevent Developer, Developers transferees, or the employees, contractors, or subcontractors of Developer or Developers transferees or assigns from doing on any part or parts of the subdivision owned or controlled by Developer or Developers transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connections with the completion of the subdivision.
b) Prevent Developer, Developers transferees, or the employees, contractors, subcontractors of Developer or Developers transferees from constructing and maintaining on any part or parts of the subdivision property owned or controlled by Developer, Developers transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of Southern Oaks East, LLC as a residential community, and the disposition of lots by sale, lease, or otherwise;
c) Prevent Developer, Developers transferees, or the employees, contractors, or subcontractors of Developer or Developers transferees from conducting on any part or parts of the planned unit development property owned or controlled by Developer or Developers transferees or their representatives, the business of completing such work, of establishing Southern Oaks East, LLC as a residential community and of disposing of lots by sale, lease, or otherwise;
d) Prevent Developer, Developers transferees, or the employees, contractors, or subcontractors of Developer or Developers transferees from maintaining such sign or signs on any of the lots owned or controlled by any of them as may be necessary in connection with the sale lease, or other disposition of planned unit development lots.
As used in this section, the words "its transferees" specifically exclude purchasers of lots improved with completed residences.
SECTION 17. No vehicles without current license plates, wrecked, or in inoperable condition, used lumber, building materials or other junk, trash or debris will be allowed to stand on or be accumulated on said lots. Automobiles must be kept in the owner’s garage or driveway. No parking on streets or front yards. Campers, travel trailers, recreational vehicles, motor homes, boat trailers and boats are limited to a maximum of one each and are to be kept in the back yard or storage building and out of site if possible. Any major mechanical or repair work performed on any motor vehicle shall be done in an enclosed garage, and shall not be visible from the street.
Other vehicles such as motor scooters, motorcycles, motor bikes, or motorized go-carts must be kept in an enclosed garage or storage shed, but cannot be operated in Southern Oaks East, LLC except to go to and from Southern Oaks East, LLC entrance.
Renter and guests must follow the same rules and regulations as owners regarding recreational vehicles.
SECTION 18. Commercial vehicles with more than 2 axles are to be kept out of site in the garage. A commercial vehicle is
defined as any vehicle larger than a pick-up truck. Personal passenger vehicles shall be parked overnight only in the garage or driveways. No parking at any time will be permitted on owner's lawns or common areas. All vehicular traffic shall observe the speed limits posted.
Nothing herein shall be construed to prevent temporary parking of delivery trucks or commercial vehicles providing services to an owner or the Association during such time as the services is being provided. Furthermore, this provision shall not apply to any licensee, employee, invitee, subcontractor, or other person or persons approved by the Developer, his or her successors or assigns.
SECTION 19. Garbage is kept in trash bags and stored in suitable containers in an enclosed structure, and in an inconspicuous area at the rear of home, not to be seen from the street, except on trash pick-up days. Trash should be placed on street side prior to the morning of pick-up. Empty garbage containers should be removed from the street side as soon as possible on pick-up day. No garbage, garbage cans, trash, trash cans, rubbish, debris, junk, stored materials, or similar unsightly items shall be allowed to remain on any lot outside an enclosed structure. However, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish, and debris for pick up by governmental or similar garbage and trash removal service agencies. The burning of trash is prohibited.
SECTION 20. No farm animals, birds, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that horses, dogs, cats, and other household pets may be kept provided they are not kept, bred or maintained for any commercial purposes. All dogs must be on a leash or in fenced areas of the owners. All household pets are to be fed and watered inside the home or within fenced areas of the owners. Household pets will be limited to a total of 3. Lots 10 - 14, 20 – 22 allows one (1) horse per lot. Lots 23 – 31, allows three (3) horses per lot, unless otherwise approved by Developer or Association. Owners are absolutely responsible for complete cleanup and removal of pets waste or any barking that may cause a nuisance in the subdivision.
SECTION 21. Each property owner who rents his property shall provide the renter with a copy of SOE Homeowners Association, Inc. Rules and Regulations, and shall obtain a signed receipt from the renter acknowledging the same. A copy of the signed receipt shall be provided to the Association within fifteen (15) days after the start of the rental agreement (contract). If the owner uses a realtor or property management agency, he shall be responsible for informing the agency of this requirement, and assure that the agency secures the above described receipt and provides a copy of the same to the Developer or the Association as specified above. All rental agreements shall be for not less than one (1) year. Weekly, monthly, and periods of less than one (1) year are forbidden. Failure to comply with this rule may result in a fine and assessment in accordance with SOE Homeowners Association, Inc. rules and Regulations. Each day that an offense continues shall constitute a separate violation.
SECTION 22. Completion of Construction: The construction of all homes and other structures must be completed and a certificate of occupancy issued by governmental authority within twelve (12) months after the date of construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency, or natural calamity. The time for completion of construction may be extended by the Developer or its designated representative upon such a hardship occurring. All construction must be started within twenty-four (24) months from purchase of property.
SECTION 23. The location of the primary dwelling placed on lots in said residential tract shall be determined by the lot size and shape and shall be placed on said lot in a uniform and attractive setting. The primary dwelling and any improvements must conform to Hillsborough County, Florida building codes and set back requirements including obtaining required permits.
SECTION 24. All homes placed on any lot in the subdivision must meet the following requirements and at the sole cost and expense of the owner:
a) All homes must have pavers or concrete driveways.
b) All homes must have pavers or concrete walkways to front door.
c) All homes must have concrete sidewalks installed, running across the entire front of the owner’s property. The sidewalks are to be installed at the same time the driveways are installed. (SEE DEVELOPER’S TECH LIST FOR SPECIFICATIONS.)
d) Any additions made to homes (screen rooms, etc.) shall be constructed of new materials and be built in harmonious design and color to match the home. Must be approved by Developer or Association.
SECTION 25. No lot in this residential tract shall be subdivided into smaller lots.
SECTION 26. No building or structure designed for the sole purpose of a trade, business, commercial enterprise, or profession shall be permitted upon any of the residential tracts.
SECTION 27. In order not to diminish the value of the natural beauty of the land, and to meet fire regulations, no buildings, structures, or improvements shall be erected, placed upon, constructed, or altered until the construction plans and specifications and a plot plan showing the location of the structure on the property, have been delivered to Developer and written approval given by him as to the type of construction, minimum building area, quality of material, harmony of the external design with existing structures and as to location with respect to topography and front, back and side lines of the property. In the event that Developer or his formally designated representative fails to approve or disapprove in writing within thirty (30) days after all required plans, specifications and information have been submitted to it, then approval will not be required and this provision shall be deemed to have been fully performed. Any change in the exterior appearance of any building, wall, fence or other structure or improvement shall be deemed an alteration requiring approval.
SECTION 28. There shall be no fences or gates erected on the front of any lots, without the approval of Developer or Association.
SECTION 29. No wall or hedges shall be erected as property lines within the subdivision.
SECTION 30. Electric power to the house shall be underground, from power box to home. There shall be no overhead electric lines running to the house.
SECTION 31. At any time while these Covenants, Conditions and Restrictions are in effect, except for Developer’s right to amend set forth herein, they may be changed or amended by a written agreement of the owners of at least seventy-five percent (75%) of the lots in Southern Oaks East, LLC. However, any modification amendment of the protective covenants, deed restrictions affecting the surface water management system or the operation and maintenance of the system shall have the prior written approval by the District.
SECTION 32. No lot owner shall excavate or extract earth for any business purposes. No elevation changes shall be permitted which materially affect the surface grade of surrounding lots.
ARTICLE VII
VIOLATIONS
Any violation of the foregoing Rules and Regulations may result in a fine which shall become a special assessment against the owner in addition to other legal remedies as provided for herein, the association By-laws or the laws of the state of Florida. Each day that an offense occurs shall constitute a separate violation and shall subject the owner to a separate fine. Any fine levied shall constitute a lien on the premises of the owner and may be collected in accordance with Article II above.
If a legal opinion is required the legal fees incurred by the Association in proceeding against a homeowner who is in violation of the Rules and Regulations of SOE Homeowners Association, Inc. will be assessed against the homeowner who is in violation of that particular Rule or Regulation. Should it be necessary to employ the services of an attorney such fee shall become a lien against the property, and shall be collected in the same fashion as assessments.
Violations of Rules and Regulations will be met with a written notification and warning sent by the Developer or the Association. If the violation is not corrected within the time specified by the Developer or the Association a fine will be levied. Thereafter, if the same violation occurs a fine in accordance with Article II herein will be levied.
Any homeowner accused of any violation shall have the right to appeal to a grievance committee which shall be composed of three (3) homeowners appointed from time to time by the Board of Directors of the Association. The request for an appeal before the Grievance Committee must be made within ten (10) days after the receipt of the letter advising that a fine has been levied.
The Committee shall hear the accused violator and those making the accusation and shall have the right to affirm, amend, or rescind any assessment made by the Association for violating these rules.
The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the association to compel it to correct any outstanding problems with the surface water management system facilities.
ARTICLE VIII
ANNEXATION OF ADDITIONAL PROPERTY
Additional residential property and Common Areas may be annexed to the subdivision with the consent of the Association.
ARTICLE IX
DURATION OF ASSOCIATION
The Association's existence shall be perpetual.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. Enforcement Developer, the Association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by Developer, the Association, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Should it be necessary for the Developer, the Association or any owner to retain the services of an attorney to enforce these restrictions or to enjoin the violation thereof, then and in that event the Developer, Association or such owner enforcing these covenants or enjoining their violations shall be entitled to recover costs and a reasonable attorney fee from the violating party. Such costs and fees shall constitute a personal obligation of the owner of the lot where the violation occurred and shall constitute a lien against such property that may be foreclosed as an assessment pursuant to Article II, above.
SECTION 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
a) SECTION 3. Amendments to Declaration of Covenants, Restrictions and Easements. The Developer so long as it owns any lot in the subdivision, does hereby reserve the right to make reasonable amendments, modifications, alterations, to clarifications and interpretations, delete or repeal any Article, Section, provision or clause of the Declaration of Covenants, Restrictions and Easements for SOE Homeowners Associations, Inc., and his determination shall be final.
Any such amendment, modification, alteration or repeal of this Declaration, any Article, Section, clause or provision hereto shall be reduced to writing on an instrument executed by the President and Secretary of the Association, evidencing the nature of the change and its effective date and recorded in the Public Records of Hillsborough County, Florida.
Any amendment of these documents, which would affect the Surface Water Management System, including the water management portions of the common areas, must have the prior written approval of the Southwest Florida Water Management District.
Notwithstanding the above, no amendment to this Declaration of Covenants, Restrictions and Easements of Southern Oaks East, LLC subdivision shall be enacted which restricts the Developer from developing the subdivision or conducting the business of sales of developed or undeveloped lots nor shall any amendment impair the assurances to any governmental agency of perpetual maintenance of the Common Areas or Developers exemption from annual assessment as found in Article II, Section b.
SECTION 4. Subordination. No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the subdivision or any lot therein; provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, trustees sale, or otherwise.
SECTION 5. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or any member thereof, for a period of 25 years from the date hereof and with automatic renewal periods thereafter, unless Homeowners’ Association vacates same.
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Southern Oaks East, LLC
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Signed:
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WITNESS
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Sandra F. Fortna, Co-Managing Member |
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Sworn to, subscribed and acknowledged before me this ___ day of ____________, 2007, by SANDRA F. FORTNA, AS CO-MANAGING MEMBER OF SOUTHERN OAKS EAST , L.L.C., A FLORIDA LIMITED LIABILITY CO., in the county and state last aforesaid, who ( ) are personally known to me; or ( ) who have produced a DRIVERS LICENSE, as identification.
_______________________________
NOTARY PUBLIC
State of Florida
Comm. Expires__________________
Comm. No._____________________
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SOE Homeowners Association, Inc.
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Signed:
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WITNESS
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Sandra F. Fortna, President |
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Sworn to, subscribed and acknowledged before me this ___ day of ____________, 2007, by SANDRA F. FORTNA, AS PRESIDENT OF SOE HOMEOWNERS ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION, in the county and state last aforesaid, who ( ) are personally known to me; or ( ) who have produced a DRIVERS LICENSE, as identification.
_______________________________
NOTARY PUBLIC
State of Florida
Comm. Expires__________________
Comm. No._____________________
This instrument prepared by:
Southern Oaks East, LLC
1325 Chesapeake Drive
Odessa, FL 33556
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