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1 (Rev. 6/14/2017) COMMUNITY GUIDE EMERALD LAKES VILLAS HOMEOWNER’S ASSOCIATION, INC. Governing Rules and Regulations of the Association The rules which govern the residents of Emerald Lakes Villas Homeowners Association (ELVHOA) are found in several documents. They are: 1. Articles of Incorporation for Emerald Lakes Villas [Articles], originally filed in 1989 by the Developer, last revised 2005. This document establishes and identifies the Emerald Lakes Villas Association as a Florida Not-for-profit corporation, defines membership in the association, and provides for the creation of Bylaws which are binding on all Members (homeowners) of the association. It may be amended by a 51% vote of the Members 2. Declaration of Covenants and Restrictions for Emerald Lakes Villas [Declaration], originally filed in 1989 by the Developer, last revised in 2005. The “Declaration” defines the scope of business for Emerald Lakes Villas and establishes the homeowners association, specifically the Board of Directors, as the entity responsible for its management. Section 4.4 of the Declaration permits the Board of Directors to establish “rules and regulations….governing use of association property and common property and parcels”. This provision enables the Bylaws, which generally regulate the conduct of the Board of Directors, and the Rules and Regulations, which generally regulate the homeowners’ use of the property. The Declaration may be amended by a 51% vote of the Members 3. Bylaws of the Emerald Lakes Villas Homeowners Association [Bylaws], established by the Board of Directors of the Emerald Lakes Villas Homeowners Association in 1998, last revised in 2005. The Bylaws define the procedures and limitations on the Board of Directors in running the business of the ELVHOA. The Bylaws may be amended by a 51% vote of the Members 4. Rules and Regulations, established by the Board of Directors from time to time. The Rules and Regulations referred to and authorized by the Declaration of Covenants and Restrictions for Emerald Lakes Villas and the Bylaws of the Emerald Lakes Villas Homeowners’ Association include the Architectural Review Board Guidelines, Vehicle Parking Restrictions, Traffic Regulations for Emerald Lakes Villas roadways, and the Rules and Regulations compiled in this document as guidelines for the use of all properties within Emerald Lakes Villas. For the purpose of this Community Guide, where segments are referred by footnote to the original documents, some passages of the original documents are paraphrased. Any interpretation (construction) of language should rely on the original documents only.

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Page 1: COMMUNITY GUIDE - WordPress.com€¦ · COMMUNITY GUIDE EMERALD LAKES VILLAS HOMEOWNER’S ASSOCIATION, INC. Governing Rules and Regulations of the Association The rules which govern

1 (Rev. 6/14/2017)

COMMUNITY GUIDE

EMERALD LAKES VILLAS HOMEOWNER’S ASSOCIATION, INC.

Governing Rules and Regulations of the Association

The rules which govern the residents of Emerald Lakes Villas Homeowners Association (ELVHOA) are found in several documents. They are: 1. Articles of Incorporation for Emerald Lakes Villas [Articles], originally filed in 1989 by the Developer, last revised 2005. This document establishes and identifies the Emerald Lakes Villas Association as a Florida Not-for-profit corporation, defines membership in the association, and provides for the creation of Bylaws which are binding on all Members (homeowners) of the association. It may be amended by a 51% vote of the Members

2. Declaration of Covenants and Restrictions for Emerald Lakes Villas [Declaration], originally filed in 1989 by the Developer, last revised in 2005. The “Declaration” defines the scope of business for Emerald Lakes Villas and establishes the homeowners association, specifically the Board of Directors, as the entity responsible for its management. Section 4.4 of the Declaration permits the Board of Directors to establish “rules and regulations….governing use of association property and common property and parcels”. This provision enables the Bylaws, which generally regulate the conduct of the Board of Directors, and the Rules and Regulations, which generally regulate the homeowners’ use of the property. The Declaration may be amended by a 51% vote of the Members

3. Bylaws of the Emerald Lakes Villas Homeowners Association [Bylaws], established by the Board of Directors of the Emerald Lakes Villas Homeowners Association in 1998, last revised in 2005. The Bylaws define the procedures and limitations on the Board of Directors in running the business of the ELVHOA. The Bylaws may be amended by a 51% vote of the Members

4. Rules and Regulations, established by the Board of Directors from time to time. The Rules and Regulations referred to and authorized by the Declaration of Covenants and Restrictions for Emerald Lakes Villas and the Bylaws of the Emerald Lakes Villas Homeowners’ Association include the Architectural Review Board Guidelines, Vehicle Parking Restrictions, Traffic Regulations for Emerald Lakes Villas roadways, and the Rules and Regulations compiled in this document as guidelines for the use of all properties within Emerald Lakes Villas. For the purpose of this Community Guide, where segments are referred by footnote to the original documents, some passages of the original documents are paraphrased. Any interpretation (construction) of language should rely on the original documents only.

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SECTION 1: RULES AND REGULATIONS

The Association, through its Board of Directors, shall regulate the use of the Association property, common property and parcels by members and owners, and may from time to time promulgate such rules and regulations consistent with this Declaration, governing the use thereof as it may deem to be in the best interest of its Members. A copy of all rules and regulations established hereunder and any amendments thereto shall be made available to all Members at the office of the Association. Such rules and regulations and all provisions, restrictions and covenants, including, without limitation, all architectural and use restrictions contained in this Declaration, may be enforced by legal or equitable action of the Association.[1] The Association may suspend any owners’ rights to any or all use of recreational facilities in the event that the homeowners’ maintenance remains unpaid or the homeowner remains in violation of these rules and regulations. [2]

No person shall use the Common Property, or the Association Property, or any Parcel, in any manner contrary to, or not in accordance with, the rules and regulations which may be promulgated by the Association, or the Traffic Regulations which may be promulgated by the Association. [3]

1. a. Pool, Cabana and Recreation Areas

Hours: The pool and tennis courts are open for use from dawn to dusk. [4]

Owners are responsible for any damage or defacing of property which they, their children, their guests, or their tenants may have caused. [5]

Florida State Regulations [64E-9.008(1)] requires that Owners are responsible for the supervision and safety at public swimming pools. Owners should courteously and tactfully call attention to any violation of Homeowners’ Rules. If the violator persists, advise the Association Property Manager. [6] All equipment and furniture in recreational areas is community property and must not be removed at any time. [7]

If you have a guest who will utilize the recreation areas in your absence, please advise the Association Property Manager. Guests sponsored by owners are welcome, but are expected to observe the rules. [8]

Owners will be held responsible for the acts of their guests or tenants and as such must inform their guests or tenants of rules regarding common areas, parking, and community in general. [9]

Owners and tenants are limited to a reasonable number of guests in the pool and recreation areas. [10]

Operation of motorized scooters or motorized skateboards of any kind (except those used for handicapped mobility purposes) is prohibited in any part of Emerald Lakes Villas. [11]

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Article 8.1.2 of the Declaration requires that pet owners shall keep their pets on a leash when off the owner’s parcel and that pet owners shall clean up after such pets. [12]

Kitchen and Cabana [13]

The Cabana and Pool are for the use of residents and their guests. Trespassers will be prosecuted. [14]

Persons using these facilities must conduct themselves in a manner so as not to be offensive to others. Loud and boisterous conduct is not permitted. Smoking is not permitted in the Cabana. Persons are required to clean up after themselves, leaving the area neat and inviting to the next person. The pool, kitchen, and cabana are for the use of all residents of Emerald Lakes Villas. The pool may not be reserved for a private event. Private use of the kitchen and cabana for up to four (4) hours by owners for social events may be permitted on an occasional basis subject to availability and to the following:

A Cabana Reservation Form must be completed and submitted to the Association Property Manager at least 14 days in advance. A fee of $25 is required to offset the cost of additional utility use and future refurbishment in addition to a $100 clean-up/damage deposit. Any portion of the deposit may be used to pay for any cleaning or repair necessitated by the private event. The deposit will be returned to the applicant if all is found to be in order. If resulting damage is estimated beyond the amount of the deposit, the Association may recover such costs from the homeowner/application as specified in the Articles of Incorporation and the Association Bylaws. The forms are available in the cabana or through the property manager. No more than thirty-five persons will be permitted at a private event and no private event will continue beyond ten-thirty in the evening (10:30 pm). Sufficient adult supervision must be in attendance at events where children are present. No unauthorized persons will access the controls for the air conditioner. All persons will abide by the Recreation Area Rules and Regulations. Approved users will bring their own supplies (utensils, cups, plates, cleaning supplies, etc.). All trash must be removed by user, as there is no trash pickup at the Cabana. Cabana, kitchen and bathrooms must be left clean and in good order. Notice of approved reservation will be posted at the facility five (5) days prior to the reservation date by the Property Manager or a Board Member.

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Pool Area: All persons using pool will do so safely and at their own risk. [15]

All persons must shower before entering pool. Suntan lotions or oil must be washed off before entering the pool. Pool furniture must be protected from the same products. [16]

Persons with infections or contagious health conditions must not use the pool. [17]

Furniture must be returned to its original position after use, and umbrellas must be lowered after use. Smokers must use appropriate ash trays and clean/empty them before leaving. [18]

No pets allowed in the pool, pool area, kitchen or cabana [19]

No food or glass containers allowed in the pool or pool area. [20]

No large floating objects, flippers, or scuba equipment permitted in the pool. [21]

Children under sixteen (16) years of age must be accompanied by a responsible adult. Florida Statutes [Ch. 39.01 (12)] defines “child” as any person under 18 years of age. “Adult” means any natural person other than a child. Homeowners who entrust their children to any other person are still responsible for the safety and behavior of those children. [22]

Running boisterous conduct, unnecessary splashing or jumping in and out of pool, ball throwing, etc., are not permitted in the pool area. [23]

Pool may not be reserved for private parties. [24]

1.b Architectural Controls

No improvement shall be constructed, erected, removed, planted or maintained, nor shall any addition to or any change, replacement or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme and the location of same shall have been submitted to and approved in writing by the Architectural Review Board (A.R.B.). [25] The board of Directors is empowered to publish or modify from time to time, architectural guidelines for the property (hereinafter “Architectural Guidelines”). [26]

JOB SITE CONDITIONS [27]

All job sites shall be kept in a neat and orderly condition, as determined by the ARB. Commercial construction hours are Monday through Saturday, 8:00am to 7:00 pm. All construction operations must comply with local governmental ordinances.

Necessary building permits must be posted so as to be visible from the street prior to commencement of construction.

The following are ARB approved standards that are not specifically outlined in the Emerald Lakes Villas Declaration of Restrictions and Covenants.

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1. WINDOWS, DOORS, SCREENED ENCLOSURES AND PATIOS

a. Bright-finished or bright-plated (other than white) metal exterior doors, windows, window screens, louvers, exterior trim or structural members shall not be permitted. The use of white anodized aluminum is the preferred material.

b. All screening and screen enclosures shall be constructed to utilize white anodized aluminum.

c. The use of reflective tinting or mirror finishes on windows is prohibited. d. Security bars on windows or doors are prohibited. e. All screen enclosures must have a mansard screen roof.

2. SOLAR PANELS

a. Solar water heating panels shall be reviewed on an individual basis, and if approved by the ARB must be installed so as to present the least obtrusive condition.

3. EXTERIOR MATERIALS AND COLORS

a. Exterior artificial, simulated or imitation materials, such as stone or brick, may be considered for use in patios and landscaping if deemed in harmony with the surrounding architectural design.

b. The use of the following items is appropriate: 1. Stucco –similar in finishing and color as originally constructed. 2. Metals – factory finished in white anodized aluminum.

c. Exterior color choices must be in compliance with the approved color schemes, which are obtainable through the ARB. All exterior doors (including garage doors) must be white.

4. ROOFS

a. No change in color or existing roofing material shall be permitted without the approval of the ARB. Roofing material must be the same cement tiles as is used on every structure within Emerald Lakes Villas. Wood shake, asphalt, aluminum, or fiberglass shingles shall not be allowed.

b. Roof shapes, styles, design and materials shall match the existing roof. Flat roofs are not permitted.

c. Flat deck patio roofs are not permitted. The only closed roof patios that are permitted are those that were built by the developer using materials matching the existing house roof in materials and design. Screen enclosures (addressed in Section 15) over existing or expanded patios may be approved by the ARB. Detailed plans, in written form for Martin County permitting, (showing all elevations) and specifications must be submitted for approval to the ARB.

5. GARAGES, DRIVEWAYS, WALKWAYS AND EXTERIOR LIGHTING

a. Any changes from the existing garage door must be approved by the ARB. b. No curbside parking areas may be created by extending any portion of the street pavement

or curbing.

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c. All proposed exterior lighting shall be detailed on the request for architectural modification. No exterior lighting shall be permitted which, in the opinion of the ARB, would create a nuisance to the adjoining property owners.

d. Driveways and walkways in front of home shall be constructed of concrete and must be approved by the ARB. No asphalt drives or walkways will be permitted.

e. Driveway aprons must be concrete and may not be widened without the approval of the ARB.

f. Any proposed walkway must be approved by the ARB prior to installation. This includes stepping stones.

6. HURRICANE PANELS, AWNINGS AND SHUTTERS

Emergencies

a. Permanent hurricane/storm shutters are permitted to be installed on individual dwellings. These shutters shall be either roll-up shutters, accordion shutters, Bahama shutters or hinged colonial shutters. All such shutters shall be white in color. These permanent shutters may be closed during the absence of occupants for security purposes.

b. Dwellings may be boarded up with temporary hurricane materials (such as plywood and aluminum panels) only for a period of 48 hours before and 48 hours after the imminent threat of a storm.[28]

c. Any exterior storm shutter other than the above-described devices must be approved by the ARB.

d. Metal fold-down awnings and canopies do not meet the standards of the community with respect to conformity and harmony of external design and shall not be permitted or affixed to the exterior of any residence. Canvas awnings may be approved after ARB review of colors and design drawings. Temporary metal or wood panels may be used, weather permitting, only to protect structures during periods of severe weather conditions.

Temporary panels shall not be stored on the exterior of the residence and are to be used for a period of no longer than one week at any one time unless permission is granted by the ARB. Only approved panels or shutters may be installed for security purposes. Permanent mechanical shutters, including top channel and side tracks, must be white in color. Top and bottom channels used for installation of temporary panels must be removed when panels are not in place or painted to match the color of the surface they are permanently affixed to.

7. LANDSCAPING

a. Proposed landscaping changes by property owner must first be submitted to the ARB prior to installation. The ARB may require that proposed landscaping be drawn on a sketch, which includes the house, all concrete surfaces and any easement or preserve areas.(revised 12/13/17)

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b. Removal in partial or entirety of any existing landscape, and replacement if any, in garden area or anywhere on property by property owner must be approved by the ARB. The ELVHOA board of directors or their property manager does not require ARB approval to remove or replace landscape on property owner’s property or common areas.(revised 12/13/17)

c. The planting and maintenance of annuals in property owner’s garden area does not require ARB

approval.(revised 12/13/17)

d. All landscaping installed with approval by the ARB must be maintained to the standards as set forth by the Association. The ARB will not approve the planting of any ficus or rubber trees or plants.

e. Care and maintenance of additional landscaping trees or plants are the responsibility of the homeowner.

f. Only landscaping approved by the County and governing agencies may be planted within any creek maintenance easement, preserve area, water management tract or utility easement.

8. FENCES

a. The Association maintains the perimeter fences around Emerald Lakes Villas. No alteration of a perimeter fence by a homeowner is permitted. No homeowner may obstruct access to the fence with landscaping and an access of eighteen inches is required for maintenance and inspection of all fences. Existing vegetation shall be maintained to provide an eighteen-inch access area to all perimeter fences.

b. No fence may be erected between or around the homes within Emerald Lakes Villas.

9. BASKETBALL HOOPS

a. Portable basketball hoops are permissible on your driveway only. Use shall be restricted to daylight hours.

b. Permanently installed basketball hoops are not permitted. c. Lights for night basketball will not be permitted.

10. SWIMMING POOLS a. Proposed pool, decking, screen enclosure and landscaping plans with survey must be

submitted to the ARB for review. b. Above ground swimming pools shall not be permitted. Swimming pools shall not be

permitted on the street side of the residence without the approval of the ARB. c. No decking, screening or landscaping may be installed on any portion of any easement. d. All pool equipment and heaters must be screened from view with landscaping from

adjacent properties and roadways. e. Spas or hot tubs will be permitted only when their placement does not interfere with the

neighboring homes and will not create a nuisance. It is recommended that with the application for approval to the ARB, comments from neighbors be included. Any spa or hot

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tub that is permitted must also conform to all local zoning ordinances regarding this type of installation.

11. AIR CONDITIONERS, GARBAGE AND TRASH CONTAINERS

a. Window and/or wall air conditioning units shall not be permitted. b. Trash, garbage and other waste shall be placed in the dwelling’s garage or on the side of the

dwelling, provided not visible from the street or adjoining parcels. Any loose uncontainerized trash must be kept in the dwelling’s garage. Open storage of refuse is prohibited. On the days of scheduled garbage/trash pickup, such refuse shall be in sturdy trash container or plastic bag and placed near the roadway.

12. ANTENNAS, FLAGPOLES, SIGNS AND MAILBOXES

Mailboxes shall be installed and maintained by the Owner on any parcel and must meet the following requirements: the mailbox shall be white in color, shall not be of a different size than the existing mailbox and shall fit on the existing post. Newspaper boxes may not be installed on any parcel. [29]

a. Mailboxes have been designed and installed for each neighborhood by the builder. No modifications of the original installed mailbox will be approved by the ARB. By regulating the style of mailbox units, the ARB hopes to reduce the visual impact created by random design.

b. Antennas and satellite dishes for the reception of video programming, less than one meter in diameter, may be installed on a parcel. Antennas and satellite dishes must be affixed on the rear of the Dwelling. If an acceptable signal may be received at the location. All other radio, television or other electronic antennae may only be erected upon prior written approval by the ARB. The installation of an approved satellite dish shall not relieve the unit owner from his share of Association expenses relative to any bulk contract for cable, SNA-TV or other pay television services.

c. No Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, of his Parcel, nor shall he place any furniture or equipment outside his Dwelling, without the prior written consent of the ARB, except the consent of the ARB shall not be required with respect to the use of lawn furniture in the backyard or screened patio area of a Lot; flag pole attached to a Dwelling or installed in the ground; or small decorative displays located in the garden area of a Parcel.

d. No signs, advertisements, endorsements, or notices of any kind (including “For Sale” or “For Rent” signs) shall be erected or displayed on any unit structure or lot without the written permission of the ARB. The ARB shall determine form, size, color, content, time of placement, and location of any sign which is approved for placement. No sign shall be nailed or attached to a tree.

13. ACCESSORY STRUCTURES, PLAY EQUIPMENT AND DECORATIVE OBJECTS

a. No structure of a temporary character shall be permitted or used on a unit owner’s property at any time.

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b. Any furniture, playground equipment or playhouses shall be placed to the rear of the property and only with approval of the ARB. No such equipment will be approved on a lot whose rear faces the lake. Location on the lot and screening requirements may be a condition of ARB approval.

c. No decorative objects such as sculptures, birdbaths, fountains and the like shall be placed or installed on the street side of any lot or on the lake side of any lot without the approval of the ARB (unless in garden area of a Parcel).

d. No owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls of his Parcel without prior written approval of ARB. Consent of ARB not required for flag poles attached to a dwelling or installed in the ground, or small decorative displays located in the garden area of a Parcel. (8.1.6)

e. No clotheslines or similar structures shall be permitted on any portion of a unit owner’s property.

f. Holiday decorations may be used 30 days prior to that holiday and must be removed 30 days hence.

14. ATTIC VENTILATORS, SKYLIGHTS, GUTTERS AND DOWNSPOUTS a. Attic ventilators or other apparatus requiring penetration of the roof should be as small in size

as functionally possible and should be painted to match the roof color. They should be located generally on the least visible side of the roof and not extend above the ridgeline. Approval of any ventilators must be obtained from the ARB prior to installation.

b. Gutters and downspouts should be white. Run-off must not adversely affect the drainage on adjacent properties. All gutters and downspouts must have the approval of the ARB prior to installation.

15. PATIO AND PATIO ENCLOSURES

a. Patio enclosures are an extension of the home and have a significant impact on its appearance.

b. All enclosures should be designed to conform to the contours of the house color and materials should be compatible with the existing home and surrounding homes. All patio enclosures must have ARB approval prior to the commencement of construction.

c. The roof of the patio enclosure should conform to the roof on the home as closely as possible. Insulated aluminum roofs will not be permitted. Screened enclosures must have a mansard screen roof pitched at such an angle as to make the accumulation of soil and vegetation unlikely. Because of this area’s exposure to strong windstorms, no screened enclosure will be permitted to have a solid, non-screen roof.

d. All patios, patio slabs and courtyards must be approved by the ARB prior to installation.

16. PERMANENT BARBECUES

a. No permanent barbecue shall be installed.

17. MAJOR EXTERIOR ALTERATIONS

a. The design of major alterations should be compatible in scale, materials, and color with the applicant’s house and adjacent houses.

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b. The location of major alterations should not impair the views or amounts of sunlight or natural ventilation on adjacent properties.

c. Roof pitch should match the type used in the applicant’s house. d. New windows and doors should match the type used in the applicant’s house and should be

located in a manner which will relate well with the location of exterior openings in the existing house.

e. If changes in grade or other conditions that will affect drainage are anticipated, they must be indicated. Generally, approval will be denied if adjoining properties may be adversely affected by changes in drainage.

f. Construction materials should be stored so that impairment of views from neighboring properties is minimized. Excess material and debris should be immediately removed after completion of construction.

SECTION 2. TRAFFIC REGULATIONS

Note: Board of Directors may wish to establish traffic regulations or may wish to express deference to the traffic regulations of the Townhomes Association. In either case, a statement of support for the Townhomes Association traffic regulations and our mutual consent to enforce each other’s complaints must be written and included here.

SECTION 3. VEHICLE PARKING RESTRICTIONS

Except as authorized in Section 8.1.3.1 (of the Declaration), no boats, recreational vehicles, trucks, commercial vehicles, trailers, motor homes, mobile homes or other motor vehicles, may be placed, parked or stored upon any Parcel except within a building which is totally removed from public view. [30]

No maintenance or repair shall be performed upon any boat or motor vehicle upon any Parcel except within a building which is totally removed from public view. [31]

Service and delivery vehicles may park in the driveway of a Parcel or on the street during regular business hours, as needed for providing services or deliveries to the Parcel, and motor homes may be parked up to twelve (12) hours for loading or unloading purposes. [32]

Motor homes shall not be parked overnight, as defined below. The Board of Directors, in its sole discretion, may authorize the parking of motor homes in an area of the Common Property designated for such purposes. In the event of a dispute concerning the type of vehicle, the decision of the Board of Directors, in its sole discretion, shall control. [33] For purposes of this provision, “overnight” shall be defined as between the hours of midnight and 6:00 a.m. [34]

Any resident wishing to park a vehicle overnight at the Cabana parking lot must obtain a parking permit from Association Property Manager. Permits will be effective for no more than 14 days. Violators will be towed at owner’s expense. [35] (Adopted 5/12/2003)

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No vehicle of any kind shall be placed, parked, or stored on the lawn of any Parcel; on any portion of the common property (unless such area is specifically designated as a parking area); or in an area which blocks a sidewalk pathway or driveway apron. [36]

The Association is authorized to tow any vehicle in violation of these rules and to collect the costs from the Owner of the property (not necessarily the vehicle) as an individual assessment. [37]

SECTION 4. HOMEOWNER RESTRICTIONS

If any owner fails in his/her responsibility to maintain the parcel to the standards upheld by the Association, the Association has the authority to take positive steps to restore maintenance, repairs or replacements within or without the parcel at the parcel owner’s expense, including appropriate administrative fees. [38]

The Owner of each Parcel is responsible for maintenance and repair of all portions of his Dwelling, and other improvements located on his Lot, except for the portions of the Parcel to be maintained by the Association pursuant to Section 7.1 (of the Declaration). [39]

The expense of any maintenance, repair and construction of any portion of the Association Property, the Common Property or any portion of a Parcel maintained by the Association pursuant to Section 7.1 (of the Declaration), necessitated by the negligent or willful acts of an Owner, or his invitees, licensees, family or guests, shall be borne solely by such Owner, and his Parcel shall be subject to an individual Assessment for such expense. [40] All repairs and replacements made by an Owner shall be subject to the approval of the Architectural Review Board, as set forth in Article 9 of the Declaration. [41]

All Parcels shall be used only as single family, private, residential dwellings and for no other purpose. No business or commercial building may be erected on any Lot and no business may be conducted on any part thereof. [42]

No more than two (2) pets per Parcel shall be permitted with the exception of tropical fish, and no such pets may be kept, bred or maintained for any commercial purpose. [43]

All pets shall be restrained and/or kept on a leash under the control of a responsible person at all times when the pet is outside of a Dwelling. [44]

At no time shall a pet be allowed to enter upon any Parcel other than the Parcel on which the pet is kept. [45]

The pet owner shall be responsible at all times for cleaning up and removing all excrement after a pet relieves itself while on the Property and for appropriately disposing of said excrement using the sanitary containers on said Owner’s Parcel. [46]

The Board of Directors of the Association shall have the right to order the removal of any pet which is considered a nuisance, in the board’s sole discretion. In such event, the Board of Directors of the Association shall give written notice thereof to the pet owner, and the pet shall immediately thereafter be permanently removed from the Property. [47]

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No structure or object of a temporary character such as, but not limited to, house trailers, vans, tents, shacks, sheds, or temporary or accessory buildings or structures, shall be erected, kept or maintained on any Parcel or any part thereof. [48]

No Owner shall permit or suffer anything to be done or kept within his Parcel, or make any use of the Common Property, which (may) increase the rate of insurance on any portion of the Property. [49]

No Owner shall commit or permit any nuisance or any immoral or illegal activity in or about the Property. [50]

No Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls of his Parcel, nor shall he place any furniture or equipment outside his Dwelling, without the prior written consent of the A.R.B. The exceptions to this are: lawn furniture in the back yard or screened patio area of a Lot; flag poles attached to a Dwelling or installed in the ground; or small decorative displays located in the garden area of a Parcel. [51]

Antennas and satellite dishes for the reception of video programming are restricted by the provisions of Section 8.1.7 of the Declaration. [52]

No lot shall be re-subdivided to form a lot smaller than a platted lot. [53]

No signs, advertisements or notice of any kind, including without limitation “For Sale” or “For Rent” signs, shall be displayed to the public view on any Parcel or on the Common Property, without the prior written approval of the A.R.B. [54]

No Dwelling or other Improvement, or any tree, bush, shrub or landscaping of any kind shall be built or maintained upon any easement or right-of-way and said easements and rights-of-way shall at all times be open and accessible to the persons entitled to the use thereof. [55]

All Parcels shall be kept in a clean and sanitary condition and no rubbish, refuse, garbage, landscape debris or other debris shall be allowed to accumulate or any fire hazard allowed to exist. [56]

No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary refuse containers, which shall be placed in the Dwelling’s garage, or on the side of the Dwelling, provided they are not visible from the Street or from adjoining Parcels. Any loose containerized trash must be kept in the Dwelling’s garage. Trash, refuse or waste materials shall not be burned on any Parcel. [57]

All oil tanks or bottle gas tanks must be kept underground or placed in a walled-in area so they shall not be visible from the Street or from adjoining Parcels. [58]

No portion of a Parcel shall be used for the drying or handling of laundry, unless such laundry is adequately screened from public view, so that the laundry is not visible from the Street or from adjoining Parcels. [59]

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All window or wall air conditioning units are prohibited. All air conditioners shall be screened from views from the Street and from adjacent Parcels and shall be insulated by shrubbery so as to minimize the transmittal of noise. [60]

No above ground wires of any kind shall be permitted. [61] The electrical power to any parcel may not be turned off at any time so as to maintain the sprinkler system and outside lighting. [62] Mailboxes, mailbox light fixtures and posts shall be installed and maintained by the Owner of said parcel and must meet the following requirements: the mailbox shall be white in color, shall not be of a different size than the existing mailbox and shall fit on the existing post or such other post approved by the A.R.B. The mailbox light fixture shall be white in color and shall be the same style fixture or such other fixture as approved by the A.R.B. [63] Newspaper boxes may not be installed on any parcel. [64] Permanent hurricane/storm (white in color) shutters are permitted to be installed on individual dwellings. These permanent shutters may be closed during the absence of occupants for security purposes. [65] Dwellings may be boarded up with temporary hurricane materials (such as plywood and aluminum panels) only for a period of 48 hours before and 48 hours after the imminent threat of a storm. [66] All exterior storage areas, service areas, and utility meters located in the front section of any Parcel shall be screened from view from the Street and from adjacent Parcels by landscaping (or other methods if deemed necessary, as determined and approved by the A.R.B.) [67] No Dwelling shall be permitted to have a basement. [68] No Swimming pool may be constructed or maintained on any Parcel without the prior written approval of the A.R.B. [69] The elevation of any dwelling or any lot may not be changed without the prior written consent of the Board of Directors. [70] No vehicle garage shall be permanently enclosed or converted without the prior written approval of the Board of Directors. All garages must be attached to the Dwelling: garages shall not have entrances facing a Street, unless the garage is set back twenty (20) feet or more from the front Lot Line and is approved by the Board of Directors. [71]

The doors of all garages shall be kept in a useful operating condition and shall be closed at all times, except as needed for ingress and egress. No carports shall be constructed or maintained on any Lot. [72]

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The exterior surfaces of all Dwellings, including all colors, materials and finishes on all exterior areas of Dwellings shall not be altered or changed in any manner whatsoever by an Owner without the prior written consent of the A.R.B. [73]

All external areas of a Dwelling which are stained or painted must be restained or repainted at sufficient intervals, so as to preserve the aesthetic beauty of Emerald Lakes Villas, as determined by the Association. [74] No Owner shall have the right to construct any improvements of any type or nature whatsoever on his Parcel, including without limitation, any hedges, patios or landscaping, without the prior written consent of the A.R.B. [75] All solar heating apparatus must conform to the standards set forth in the Florida Model Energy Efficient Code and are restricted by A.R.B. standards. [76] The color of all draperies, curtains, shades or other similar coverings installed inside a screen porch or glass enclosed porch must be approved, in writing, by the A.R.B. [77] Leasing or renting a unit within Emerald Lakes Villas is restricted by Section 8.1.31 of the Declaration. [78] Any Owner, who desires to transfer the ownership of his Parcel, or any interest therein, must comply with the notice and information procedures set forth in Section 12.1 of the Declaration. [79]

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[1] Declaration,§4.4 [25] Declaration § 9.2.2 [48] Declaration,§ 8.1.3

[2] Declaration, §§4.7.3,4.7.4 [26] Declaration § 9.2.9 [49] Declaration,§ 8.1.4

[3] Declaration, §8.2 [27] ARB Guide, page 5 [50] Declaration,§ 8.1.5

[4] Rules & Regulations [28] Declaration,§ 8.1.21 [51] Declaration,§ 8.1.6

[5] Rules & Regulations [29] Declaration,§ 8.1.20 [52] Declaration,§ 8.1.7

[6] Rules & Regulations [30] Declaration,§ 8.1.3 [53] Declaration,§ 8.1.8

[7] Rules & Regulations [31] Declaration,§ 8.1.3 [54] Declaration,§ 8.1.10

[8] Rules & Regulations [32] Declaration,§ 8.1.3 [55] Declaration,§ 8.1.11

[9] Rules & Regulations [33] Declaration,§ 8.1.3 [56] Declaration,§ 8.1.13

[10] Rules & Regulations [34] Declaration,§ 8.1.3.1 [57] Declaration,§ 8.1.14

[11] Rules & Regulations [35] Rules & Regulations [58] Declaration,§ 8.1.14

[12] Declaration,§ 8.1.2 [36] Declaration,§ 8.1.3.1 [59] Declaration,§ 8.1.16

[13] Rules & Regulations [37] Declaration,§ 8.1.3.2 [60] Declaration,§ 8.1.17

[14] Rules & Regulations [38] Declaration,§ 6.6 [61] Declaration,§ 8.1.18

[15] Rules & Regulations [39] Declaration,§ 7.2 [62] Declaration,§ 8.1.19

[16] Rules & Regulations [40] Declaration,§ 7.2 [63] Declaration,§ 8.1.20

[17] Rules & Regulations [64] Declaration,§ 8.1.20

18] Rules & Regulations [41] Declaration,§ 7.2 [65] Declaration,§ 8.1.21

[19] Rules & Regulations [42] Declaration,§ 8.1.1 [66] Declaration,§ 8.1.21

[20] Rules & Regulations [43] Declaration,§ 8.1.2 [67] Declaration,§ 8.1.22

[21] Rules & Regulations [44] Declaration,§ 8.1.2 [68] Declaration,§ 8.1.23

[22] Rules & Regulations [45] Declaration,§ 8.1.2 [69] Declaration,§ 8.1.24

[23] Rules & Regulations [46] Declaration,§ 8.1.2 [70] Declaration,§ 8.1.25

[24] Rules & Regulations [47] Declaration,§ 8.1.2 [71] Declaration,§ 8.1.27

[72] Declaration, § 8.1.27 [75] Declaration, § 8.1.28 [78] Declaration, § 8.1.32

[73] Declaration, § 8.1.28 [76] Declaration, § 8.1.30 [79] Declaration, § 12

[74] Declaration, § 8.1.28 [77] Declaration, § 8.1.31