Fort Walton Beach Ordinance — 1811 rezone 248 brooks / baytowne view sub — reading text

Property that shall be subjected to this Declaration as Membership Property by the Declarant' s execution and recording of such Supplemental Declaration. All architectural restrictions which shall be set forth in any Supplemental Declaration shall thereafter be as binding on the Membership Property which is the subject of such Supplemental Declaration as if such architectural restrictions were set forth in their entirety in this Declaration. Section 3. Combination of Lots. The owner of any two or more contiguous Lots shall have the right to cause such Lots to be combined together by furnishing the Board of Directors with a notice of his intent to do so. Upon the receipt by the Board of Directors of any such notice, the Lot created by such combination shall thereafter be deemed to be a single Lot for all the foregoing, the purposes of this Declaration, except as hereinafter provided. Notwithstanding amount of assessments for which such single Lot shall be thereafter liable pursuant to the provisions of Article V of this Declaration shall be equal to the total assessments for which all of the Lots which were so combined would have been liable had such combination not taken place. Section 4. Architectural Control. a) No building, fence, wall, garage, patio, carport, playhouse, swimming pool, mail- box or any other structure shall be commenced, constructed, installed, erected or maintained upon any Lot, nor shall any exterior addition to, change in ( including, without limitation, any change in the type of roofing material or in the color of the paint, stain or varnish), or alteration of, any of such structures be made until complete and final plans and forth the information hereinafter described, shall have been specifications, setting submitted to, and approved in writing by, the Board of Directors. It shall be the duty of the Board of Directors to approve or disapprove each request for approval of the construction of a structure on a Lot, or the alteration of an existing structure located on any Lot, within 30) days after said plans and specifications included all of the thirty ( infonnation identified in paragraph ( b) hereof shall have been submitted to it. b) The plans and specifications which must be submitted to the Board of Directors prior to the commencement of any structure upon any Lot, or the alteration of any shall contain at least the existing structure on any Lot, as hereinabove provided, following infonnation: i) A site plan showing the shape and size of the proposed structure and its location on the Lot on which the same is proposed to be constructed and the plan for the drainage of surface water from the Lot; 16  1) Site plan must also show the existing elevation above sea level and the proposed finish grade and finished floor elevation; 2) Building plans of the proposed structure, which shall include all exterior elevation drawings of the proposed structure at a scale of not less than 1/8" for exterior elevation and ~" for floor plan; . 3) A description of all exteriorbuilding materials of the proposed structure, which description may include samples of the same; 4) A landscaping and irrigation plan for the Lot on which such structure is proposed to be constructed; only St. Augustine grass as long as Property Owners Association is cutting grass; 5) Such additional infonnation as the Board of Directors may require concerning the proposed structure or alteration, whether such additional infonnation shall be required both before and after the plans and specifications for the same shall be initially submitted to the Board of Directors. c) The Board of Directors shall have the authority to prescribe a particular fonnat in which the infonnation described in paragraphs ( i) through ( v) hereof shall be required to be submitted to it for approval. In the event that the Board of Directors shall prescribe such a fonnat, then it shall keep the same available to all Lot owners, whereupon all applicationswhich shall be made to the Board of Directors pursuant to this Section 4 shall be required to be in such fonnat in order for such application to be deemed to be in compliance with the requirements of this Section 4. d) Notwithstanding any provision of statutory or common law which may have a contrary effect, the Board of Directors shall not be bound or constrained by any design standard or approval precedent in connection with its detennination of whether to approve or disapprove the construction or alteration of any structure upon any Membership Property. Without limiting the generality of the foregoing, the Board of Directors shall have the power and authority to disapprove the construction of a structure having a particular design on any Lot even though the Board of Directors may have previously approved the construction on another Lot of a structure having the identical design. All approvals and disapprovals by the Board of Directors of the plans and specification for any structure to be constructed or altered on any Membership Property shall be conclusive and binding upon all Members. e) The Association shall upon demand at any time, furnish to any owner of any Lot a certificate in writing signed by an officer of the Association, stating that any building, fence, wall, garage, patio, carport, playhouse, swimming pool, mail- box or other structure erected upon such owner' s Lot, or any exterior addition to, change in, or alteration of any structure owned by such Member on a Lot, is in compliance with the provisions of this 17  Section 4 of Article VI, and such certificate shall be conclusive as to whether the same is in such compliance. f) The Board of Directors shall have the power and authority to require that the owner of any Lot who submits plans and specifications for any residential building to be constructed on any Lot pay a fee to the Association to compensate the Association for the review of such plans and specifications. In the event that the Board of Directors shall elect to so require the payment of such a fee, the payment of the same by the owner of any Lot upon which a residential building is proposed to be constructed shall be made before any application for such construction shall be deemed to be in compliance with the requirements of this Section 4. In the event that the Board of Directors shall elect to so require the payment of such a fee, the amount of such fee shall be charged uniformly for all applications for approval of plans and specifications for residential buildings. The amount of any such fee shall be that amount which the Board of Directors shall determine as reasonable compensation to the Association for the review of plans and specifications for the initial construction of residential buildings. The Board of Directors shall also require a Each homeowner shall be held deposit to insure proper completion of same. responsible for any damage done during construction of roads as well as any clean up. g) In the event that any construction or alteration work is undertaken or performed upon any Lot without application having been first made and approval obtained as provided in paragraph ( a) of this Section 4, said construction or alteration work shall be deemed to be in violation of this covenant, and the Person upon whose Lot said construction or alteration work was undertaken or performed may be required to restore to its original condition, at his sole expense, the property upon which said construction or alteration was undertaken or performed. Upon the failure or refusal of any Person to perform the restoration required herein, the Board of Directors, or their authorized agents or employees, may, after fourteen ( 14) days' notice to such Person, enter upon the property upon which such unauthorized construction or alteration work has been performed, and make such restoration as the Board of Directors, in the exercise of its discretion, may deem necessary or advisable. The Person upon whose Lot such restoration work shall have been so performed shall be personally liable to the Association for all direct and indirect costs which the Association shall incur in the performance of such restoration work, and the liability for such cost shall be secured by all the liens, and shall be subject to the same means of collection, as the assessments provided for in Article V of this Declaration. Such costs shall be paid to the Association by the Person liable for same at the same time as the next due Annual Assessment payment, as provided in Section 4 of Article V of this Declaration, or at such earlier time, and in such installments, as the Board of Directors shall determine. Board may impose a fine as agreed upon by Property Owners Association and/ or Architectural Advisory Committee for such violation( s). Section 5. Preferred Builder Program. The Architectural Advisory Committee holds a list containing the names of builders in this area, which have displayed exemplary expertise, a high standard of workmanship and a capacity to work within the guidelines set out by the Architectural Advisory Committee. Property owners may select a builder that is not on the list 18 of preferred builders, however they must be approved by the Architectural Advisory Committee on a case by case basis and must ( a) provide proof of worker' s compensation insurance and must keep coverage in effect until the construction project is completed; ( b) provide proof of comprehensive liability insurance in an amount of not less than $ 1, 000, 000. 00 and show subject property as covered under the policy and keep coverage in effect until the construction project is complete; and ( c) Architectural Advisory Committee with a security deposit in the provide amount of $2, 500. 00 to insure ( i) thesubject property is clean at the end of each day during construction, ( ii) any possible damage to the infrastructure of the Subdivision ( i. e. roads, sidewalks, common areas), ( iii) all work is satisfactorily completed per the approved plans and specifications. Section 6. Declarant Exemption. Notwithstanding anything stated to the contrary herein, the Declarant shall be exempt from the architectural control provisions set forth in Section 4 of this Article VI. Nothing contained in this Article VI shall be construed as prohibiting any construction by the Declarant upon any Lot while such Lot is owned by the Declarant, provided only that: in the case of the