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

Assessments, for which he or she would otherwise be responsible. c) Applicability of this Article. Notwithstanding the above, this Section shall not apply to any leasing transaction entered into by the Declarant ( regardless of whether said lease is entered into prior to or after the expiration of the Declarant Control Period), the Association, or the holder of any first Mortgage on a Lot who becomes the Owner of a Lot through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage. Such parties shall be permitted to lease a residence located on a Lot without first obtaining a permit in accordance with this Section, and such residence located on a Lot shall not considered as being leased in determining the maximum number of residences that may be leased in accordance with this Article. Section 5. Prohibited Activities. No noxious or offensive activity shall be conducted on any Lot. Each owner of any Lot, his family, tenants, guests and invitees, shall refrain from any act or use of his Membership Property which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident or residents of any other Lot. Section 6. Nuisances. No nuisance shall be permitted to exist upon any Lot. Without limiting the generality of the foregoing, horns, whistles, bells, or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any Lot, or any portion thereof. The purpose of this provision is to make sure any noise coming from a residence cannot be heard by an adjoining property owner. Section 7. Trash: Animals. No portion of any Lot shall be used as a dumping ground for rubbish, trash or garbage, nor shall any trash or garbage be permitted to accumulate upon any Lot. Garbage containers shall be screened on each Lot so that the same shall not be visible from the street or from any part of any other Lot. No animals except common domestic household pets, within the ordinary meaning and of such words, may be kept, maintained or cared for in any lot or within the interpretation Property. No pets shall be allowed to make an unreasonable amount of noise or to become a nuisance; and no will be allowed on the Property other than on the Lot of the owner of such pets 22 pets, unless confined to a leash. No pet shall be allowed to run at large and all pets shall be kept within an enclosed area, which must be clean, sanitary and reasonably free of refuse and waste. Upon written request of any owner, the Board of Directors of the Association may conclusively determine at its sole discretion, in accordance with its rules, whether an animal is a domestic household pet, whether such animal is making an unreasonable amount of noise, whether an animal is allowed to run at large or whether an animal is a nuisance. The decision of the being Board of Directors of the Association in such matters is conclusive and shall be enforced as other restrictions contained herein. No animal may be maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels for boarding or operation shall be allowed; Section 8. Signs. No property owner shall erect or display any sign of any kind, including but not limited to " For Sale" signs, upon any lot, in any window, on any mailbox, or on any vehicle. The Developer has the right place signs on any property, including but not limited to, model homes, offices, common areas and for direction. Section 9. Antennas: Aerials: Satellite Dishes. No satellite dish antenna or tower shall be permitted or construction upon any lot or on any residential unit of the Membership Property, excepting however, a small satellite dish no larger than eighteen (18) inches in diameter may be maintained. The property owner must apply for permission to place any such object on subject property and approval must be given by the Declarant, prior to the placement of any such object. No antenna will be approved on the front half of the house or visible from the street. If any propertyowner is found to be in violation of this restriction the object may be removed or relocated at property owner' s expense and a fine may be imposed by the Property Owners Association and/or Architectural Advisory Committee. Section 10. Clotheslines. No clothesline shall be erected on any portion of any Lot. Section 11. Recreational Equipment. All recreational equipment, including but not limited to, basketball goals, swing sets, trampolines, shall not be visible from the street, lake, or rearof any surrounding residences, without the written consent of the Property Owners Association or Architectural Advisory Committee. Section 12. No air- conditioner shall be installed in any Window Air-Conditioners. window of any building located on any Lot, nor shall any air-conditioner be installed on any building located on any Lot so that the same protrudes through any exterior wall of such building. Section 13. Temporary Structures. Subject to the right of the Declarant to promote the sale of Lots, no structure of a temporary character, including, without limitation, any trailer, tent, shack, garage or other building, shall be permitted on any Lot at any time, whether temporarily or permanently, except with the prior written consent of the Board of Directors; provided, however, that temporary structures may be erected or placed upon a Lot for use in connection with the repair or construction of structures upon such Lot. 23  Section 14. Trucks~ Recreational V ehicles~ Trailers~ Boats~ Campers~ Commercial Vehicles. No recreational vehicle, boat, watercraft, boat trailer, camper, trailer, business or commercial vehicle, commercial truck or utility trailer shall be permitted to be parked in the street or upon any portion of any lot or in any driveway in the Subdivision. Parking of vehicles is limited to personal automobiles or trucks no larger than a pick- up truck. There is expressly prohibited any delivery vehicle, service vans, work trucks, tractor or any type of commercial transportation equipment being parked or maintained in the Subdivision or on any street in the Subdivision. No personal automobile may be parked upon any Lot unless the same is parked on a pavement area located on such Lot for such purpose, and the same is in operating condition and has affixed thereto a current license tag and, if applicable, operating sticker. Parking of Vehicles. No vehicle may be parked on the roadway or right- of- Section 15. way. All vehicles must be parked in the Garage or in the driveway in front of the garage. Vehicles may not be parked on the grass, in any yard, beside a residence, or in the rear of any residence. Section 16. Enforcement bv Members. In the event that the owner of any Lot, or any Person who is entitled to occupy any Lot, shall fail to comply with or abide by any restriction set forth in this Article VII, then, in addition to his rights under Section I of Article X of this Declaration, the owner of any other Lot who is aggrieved by such failure of compliance or abidance shall have the right to proceed at law or in equity to compel such owner or such occupant to comply therewith and abide thereby. Additionally, any owner of any Lot who, or whose lessee, shall fail to comply with or abide by any such restriction shall be liable for any damages as may be suffered by any other owner of any Lot as a consequence of such failure. ARTICLE VIII MAINTENANCE OF LOTS AND LANDSCAPING Sectionl. Maintenance bv Owners. a) All Membership Property shall be kept and maintained by the owner( s) thereof in a neat and attractive condition, which is satisfactory to the Board of Directors. The foregoing shall include the maintenance of each Lot in accordance with the landscaping plan, which shall have been approved for any Lot pursuant to the procedure described in Section 4 of Article VI hereof. In certain Phases the Homeowners Association shall be responsible for cutting of grass, chemicals and fertilization. All other items shall be the homeowners' responsibility. Example ( flowerbeds) 24  All determinations made by the Board of Directors concerning whether a particular Lot is in satisfactorycondition, and whether any item placed upon any Lot is satisfactory, shall be conclusive and binding upon all Members. Section 2. Failure of Maintenance. In the event that the owner of any Lot shall fail to maintain all portions of such Lot in a condition which is satisfactory to the Board of Directors, or shallpersist in leaving upon such Lot any item which is unsatisfactory to the Board of Directors, the Board of Directors shall have the right, exercisable to it or through its agents or employees, and after giving to the owner of such Lot at least seven ( 7) days' notice and an opportunity to correct the unsatisfactory condition or to remove the unsatisfactory item, to enter upon such Lot and correct the unsatisfactory condition or to remove the unsatisfactory item, including, without limitation, cutting the grass, weeds, and other vegetation, and removing dead trees, shrubs, and other plants, removing the unsatisfactory item and adding pine straw, mulch or plants as deemed necessary by theProperty Owners Association. The owner of the Lot upon which such work is liable to the performed by the Association ( or its agents or employees) shall be personally Association for all direct or indirect costs as may be incurred by the Association in connection with the performance of such work, plus any penalty assessed and liability for such costs shall be secured by all the liens, and shall be subject to the same means of collection, as are the assessments andcharges provided in Article V of the Declaration. In additions, all such costs Annual shall bepaid to the Association by such owner at the same time as the next due 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. Section 3. Pre- Construction Condition of Lots. Until such time as a landscaping plan for any Lot shall have been approved by the Board of Directors pursuant to the provisions of Section 4 of Article VI hereof, said Lot shall be and kept maintained by the owner thereof in the same condition that said Lot was in at the time such Lot was submitted to the terms and provisions of this Declaration. In no event shall the owner of any Lot remove any trees or plants from such Lot except in accordance with a landscaping plan that was approved for such Lot by the Board of Directors pursuant to the procedure described in Section 4 of Article VI hereof. If a dead or diseased tree must be removed notification along with evidence