RESTATMENT OF COVENANTS
AND RESTRICTIONS FOR ROTONDA MEADOWS , ROTONDA
VILLAS, AND A PORTION OF ROTONDA SPRINGS
THIS RESTATEMENT OF COVENANTS AND RESTRICTIONS
FOR ROTONDA MEADOWS, ROTONDA VILLAS, AND A
PORTION OF ROTONDA SPRINGS (“Declaration”)
is adopted as of this 15th of December , 2005
by the ROTONDA MEADOWS/VILLAS Conservation
Association, a Florida corporation not for
profit (the "Association").
WHEREAS, Cape Cave Corporation., (“Developer”)
executed and recorded in the Official Records
of Charlotte County, Florida at O.R. Book 342,
Page 214, a Declaration of Restrictions with
respect to the real property described therein
and otherwise known as The Rotonda Meadows
Subdivision (the “Meadows Declaration”)
which was subsequently thereafter amended by
one or more instruments: and
WHEREAS, the Rotonda Meadows Conservation
Association, Inc. was the successor in interest
to the Developer, with full right and authority
to enforce the Meadows Declaration during its
existence;
WHEREAS, Cape Cave Corporation (“Developer”)
executed and thereafter recorded in the Official
Records of Charlotte County, Florida at O.R.
Book 389, Page 626, a Declaration of Restrictions
with respect to the real property described
therein and otherwise known as the Rotonda
Villas Subdivision (the “Villas Declaration”)
which was subsequently thereafter amended by
one or more instruments, and;
WHEREAS, the Second Amended Declaration dated
January 30, 1992 and recorded with respect
to Rotonda Villas at O.R. Book 1198, Page 1304
of the Public Records of Charlotte County,
Florida made certain lots in the subdivision
known as Rotonda Springs, as hereinafter further
described, subject to the Villas Declaration.
WHEREAS the Rotonda Villas Conservation Association,
Inc. was the successor in interest to the Developer,
with full right and authority to enforce the
Villas Declaration during its existence;
WHEREAS pursuant to Articles of Merger dated
May 31, 1993 the Rotonda Villas Conservation
Association, Inc. and the Rotonda Meadows Conservation
Association, Inc. were merged into a surviving
entity known as the Rotonda Meadows/Villas
Conservation Association, Inc.;
WHEREAS the Rotonda Meadows/Villas Conservation
Association, Inc. (the “Association”)
is the successor of the Developer and the aforenamed
Corporations, with full right to enforce the
Meadows Declaration and the Villas Declaration,
and possessing the right to amend, alter or
terminate the restrictions imposed by the Villas
Declaration and the Meadows Declaration in
accordance with the requirements of the aforesaid
declarations and Chapter 720 Florida Statutes.
NOW THEREFORE, the Association hereby declares
that the real property described herein shall
be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements,
charges and liens hereinafter set forth, and
that all prior declarations of restrictions
for Rotonda Meadows/Villas, and all prior amendments
thereto and restatements thereof shall be superseded
and restated in their entirety by this Declaration.
The following words when used in this Declaration
or any Supplemental Declaration (unless the
context shall prohibit) shall have the following
meanings:
A. "Association" shall mean and
refer to THE ROTONDA MEADOWS/VILLAS
CONSERVATION ASSOCIATION, a Florida Corporation.
B. "Common Property" shall mean
and refer to those areas of land shown
on any recorded plat of the Subdivision
but not limited to parks, ponds, lakes,
canals and recreational areas, except that
it shall not include (i) any platted Lot
unless the Association is the owner thereof,
and (ii) any property which has been dedicated
to and accepted by any public authority
or body.
C. "Declaration" means the Original
Declaration as altered and restated
in this Declaration.
D. "Developer" means Cape Cave
Corporation, a Delaware corporation,
and its successors and assigns.
E. “Dwelling” means each residential
single family home or multifamily unit
now or hereafter constructed within the
Subdivision.
F. "Lot" shall mean and refer
to any platted Lot shown upon any recorded
map of the Subdivision with the exception
of Common Property as heretofore defined.
G. "Member" shall mean and refer
to all those Owners who are members
of the Association as provided in Article
4, Section 1, hereof.
H. "Owner" shall mean and refer
to the record owners, whether one or
more persons or entities, of the fee simple
title to any Lot or Unit except that
the term Owner shall not mean or refer to
a mortgagee unless and until such mortgagee
has acquired title pursuant to foreclosure
or any proceeding in lieu of foreclosure.
I. "Property" shall mean all
property subject to this Declaration.
J. "Structure" shall mean any
construction not otherwise specifically
described and includes, but is not limited
to, parts and additions to buildings,
cisterns, walls, fences and other enclosures,
television and other antennas, walks, driveways,
parking areas, seawalls, docks and boat landing
platforms.
K. “Vehicle” includes, but
is not limited to, all automobiles,
pick-up trucks, vans, sport utility vehicles
(SUV), trucks, tractor-trailer rigs, motor
homes, trailer homes, campers, trailers,
boats, motorcycles, all terrain vehicles
(ATV), golf carts, recreational vehicles
and all other types of transportation devices
that may be defined as vehicles in the
discretion of the Association and without
regard to any other definition established
by any government authority or the manufacturer.
L. “Driveway” shall mean a
paved concrete surface that provides
continuous access to a garage.
M. "Subdivision" means all property
subject to this Declaration under Article
3 hereof.
N. “Unit” shall mean any and
all multifamily housing units now or
hereafter located within the Subdivision
including but not limited to duplex, triplex,
condominium or other multi-family units.
O. “Number and Gender”. Whenever
in this Declaration the context so
requires, the singular number shall include
the plural, and the converse; and the use
of any gender shall be deemed to include
both genders.
Section 1. Purpose: The purpose of these Declarations
and Architectural Review is to produce an orderly
and desirable community and to protect and
enhance property values in the Subdivision.
Section 2. The Association: Every owner of
property in the Subdivision is placed on notice
that there is in existence a corporation known
as “The Rotonda Meadows/Villas Conservation
Association, a Florida Corporation”.
All owners shall become a member of the Association
upon purchasing a Lot or Unit in the Subdivision,
and shall be bound by the provisions of the
Articles of Incorporation, the By-Laws of said
Association, and these Declarations, as amended
from time to time and recorded in the Public
Records of Charlotte County, Florida.
Section 3. Amendments. This Declaration may
at any time be amended, altered or terminated
in whole or in part in the manner hereafter
set forth:
a. Every such amendment, alteration or termination
shall be submitted to a vote of the Members
at meeting thereof held upon not less than
45 nor more than 90 days prior written notice
of such meeting and the purpose thereof to
each such Member;
b. Such amendment, alteration or termination
shall not be approved unless authorized by
not less than two thirds of the votes cast
at such meeting;
c. Such amendment, alteration, or termination
shall become effective when so approved upon
the same being recorded in the Public Records
of Charlotte County, Florida;
d. The voting provisions contained in this
amendment procedure shall apply only to the
voting procedure to amend the Declaration and
all other voting rights of members shall be
determined as provided in the Articles of Incorporation
and Bylaws of the Association.
Section 4. 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, and bind the Association
and the Owners and their respective legal representatives,
heirs, successors, and assigns, for a term
of thirty (30) years from the date this Declaration
is recorded, after which time said covenants
shall be automatically extended for successive
periods of ten (10) years unless otherwise
determined by a vote of the Members.
Section 5. Notices. Any notice required to
be sent to any Member or Owner under the provisions
of the Declaration shall be deemed to have
been properly sent when mailed, postpaid, to
the last known address of the person who appears
as Member or Owner on the records of the Association
at the time of such mailing.
Section 6. Severability. Invalidation of any
one 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.
The real property and all improvements thereto
which is, and shall be, held, transferred,
sold, conveyed, and occupied subject to this
Declaration is located in Charlotte County,
Florida, and is more particularly described
as follows:
All of that property described in the Plat
of Rotonda Meadows recorded at Plat Book ___
pages _____ through ____ of the Official Records
of Charlotte County Florida.
All of that property described in the Plat
of Rotonda Villas recorded at Plat Book ___
pages _____ through ____ of the Official Records
of Charlotte County Florida.
Block 40, Lots 1 through 64, inclusive; Block
41, Lots 1 through 22, inclusive; Block 42,
Lots 1 through 127 inclusive; Tract 10 (park);
Block 43, Lots 1 through 46, inclusive; Block
44, Lots 1 through 28, inclusive; Block 45,
Lots 1 through 4, inclusive; and Tract 11;
Block 46, Lots 1 through 20, inclusive, together
with all street and road rights-of-way and
greenways and drainage areas abutting the above,
all in that certain subdivision known as Rotonda
Springs as recorded in Plat Book 12, pages
5-A through 5-Z-70, Public Records of Charlotte
County, Florida.
Section 1. Membership. Every Owner shall be
a Member of the Association.
Section 2. Voting Rights. Except as otherwise
provided herein Voting Rights in the Association
shall be governed and controlled pursuant to
the terms and provisions of the Articles of
Incorporation and Bylaws of the Association
as modified and amended from time to time.
Section 1. Member's Easements of Enjoyment.
Subject to the provisions of Section 3, every
Member shall have a right and easement of enjoyment
in and to the Common Property and such easement
shall be appurtenant to and shall pass with
the title to every Lot.
Section 2. Title to Common Property. In accordance
with the provisions of the Original Declaration
and the Supplemental Declaration, the Developer
has conveyed title to the Common Property to
the Association.
Section 3. Extent of Members' Easements. The
rights and easements of' enjoyment created
hereby shall be subject to the following:
a. The right of the Association to borrow
money for the purpose of improving the Common
Property and in aid thereof to mortgage said
property;
b. The right of the Association to take such
steps are reasonably necessary to protect the
Common Property against foreclosure;
c. The right of the Association to suspend
the enjoyment of the rights of any Member in
and to the Common Property for any period during
which any assessment remains unpaid, and for
any infraction of the Association's published
rules and regulations, and
d. The right of the Association to charge
reasonable admission and other fees for the
use of the Common Property; and
e. The right of the Association, subject to
the requirements of this declaration and the
bylaws of the Association, to dedicate or transfer
all of any part of the Common Property to any
public agency or authority or any utility (public
or private) for such purposes and subject to
such conditions as it may determine.
f. The right of the Association to formulate,
publish, impose, and enforce regulations for
the use and enjoyment of the Common Property,
which regulations may restrict the use of common
areas, including but not limited to, use of
the waterways, restrictions on watering from
any common waterway, etc.
Section 1. Creation of the Lien and Personal
Obligation of Assessments. Each Owner by acquiring
any ownership interest in a Lot or Unit hereby
covenants and agrees to pay to the Association
(1) annual assessments and associated charges;
and (2) special assessments as such annual
and special assessments may be fixed, established,
and collected by the Board of Directors of
the Association. The annual and special assessments,
together with such fees and interest thereon
and costs of collection thereof as hereinafter
provided, shall be a charge on the Lot or Unit
subject thereto and shall be a continuing lien
upon each Lot or Unit against which each such
assessment is made. Each such assessment, together
with such interest thereon and cost of collection
thereof as hereinafter provided, shall also
be the personal obligation of the Owner of
each Lot or Unit at the time the assessment
is imposed.
Section 2. Enforcement. The Association may
bring a legal action against any Owner personally
obligated to pay any delinquent assessment
and/or may enforce or foreclose the Association's
lien against any Lot or Unit for the full amount
of the assessment together with interest thereon,
and any late fees impounded as provided herein.
The defaulting Owner shall be responsible for
all actual costs, disbursements and expenses
incurred by the Association in collecting the
delinquent assessment and interest thereon
as provided herein, including reasonable attorney's
fees and costs, whether or not litigation is
commenced and including appellate fees and
costs. In the event that a judgment against
the defaulting Owner is obtained, the amount
of the judgment shall include accrued interest
on the assessment, applicable late fees, and
a sum, to be fixed by the court, to reimburse
the Association for all costs, disbursements
and expenses (including, without limitation,
reasonable attorney's fees, including appellate
attorney's fees and costs) incurred by the
Association in connection with said action.
Section 3. Purpose of Assessments. The assessments
levied by the Association shall be used for
the purpose of maintaining the Subdivision,
protecting and promoting the recreation, health,
safety, and welfare of the residents and the
property located in the Subdivision, enforcement
of the provisions and restrictions of this
declaration, and for the improvement and maintenance
of the property, services, and facilities devoted
to this purpose and related to the use and
enjoyment of the Common Property and of the
residences situated upon The Owner's Lots,
including, but not limited to, the payment
of taxes and insurance thereon, repair, replacement,
and additions thereto, the cost of labor, equipment,
materials, management, and supervision, the
enforcement of these restrictions and all other
uses consistent with these restrictions and
the Articles of Incorporation and the Bylaws
of the Association.
Section 4. Special Assessments for Capital
Improvements. In addition to annual assessments,
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
or reconstruction, repair or replacement of
a described capital improvement upon the Common
Property, including the necessary fixtures
and personal property related thereto, provided
that any such assessment shall be approved
by a majority of the votes cast at an annual
or special meeting of the Members of the Association
as required by this Declaration and the other
governing documents of the Association.
Section 5. Increases in Assessments. The Association
shall not increase the amount of the annual
assessment in any year by more than eighteen
percent (18%) over the amount of the annual
assessment for the prior year without such
increase first being approved by a majority
of the votes cast at an annual or special meeting
of the Members.
Section 6. Interest and Late Fees. Interest
and late fees shall accrue with respect to
delinquent assessments in the manner determined
from time to time by the Board of Directors
of the Association.
Section 7. Effective Date of Lien and Certificate
of Payment. Every such lien for unpaid assessment,
as between the Association on the one hand
and the Owner and any grantee of such Owner
on the other hand, shall attach to the Lot
and improvements against which the delinquent
assessment was made as of the date such assessment
became due and payable, provided, however that
all such liens shall be subordinate to the
lien of an Institutional Mortgagee recorded
prior to the time of recording or the claim
of lien of the Association pursuant to this
Section. Upon request, the Association shall
furnish any Owner or mortgagee with a certificate
setting forth whether the above described assessments
have been paid and showing the amount of any
unpaid assessments against the applicable Lot
and the period or periods for which any such
unpaid maintenance assessments were assessed
and fixed. Such certificate shall be conclusive
evidence of payment of any assessment therein
stated to have been paid.
Section 8. . Exempt Property. The following
property subject to this Declaration shall
be exempted from the assessments, charge and
lien created herein: (a) all properties to
the extent of any easement or other interest
therein dedicated and accepted by the local
public authority and devoted to public use
(b) all Common Property; and (c) any lot that
is not accessible by a paved road, not serviced
by public infrastructure, and not eligible
for improvements under existing state or county
regulations (hereafter “Undevelopable
Lot”). Nothing herein shall affect the
voting rights of the owners of Undevelopable
Lots. All Undevelopable Lots shall remain subject
to the use and other restrictions of the Declaration.
Section 9. fees and Charges. The Association
shall have the authority to impose and collect
reasonable fees or charges for information,
documentation or services for the benefit of
any Owner or the Association, and for administrative
expenses incurred in connection with the transfer
of a Lot in the Subdivision.
Section 1. Members of Committee. The Design
Review Board shall consist of three (3) members
appointed by the Board of Directors and shall
hold office until such time as such person
has resigned or has been removed or a successor
has been appointed, as provided herein. Members
of the Design Review Board may be removed at
any time without cause. The Board of Directors
shall have the right to appoint and remove
all members of the Design Review Board. The
Design Review Board may include members of
the Board of Directors.
Section 2. Purpose and Function of Design
Review Board. The purpose and function of the
Design Review Board shall be to (a) create,
establish, develop, foster, maintain, preserve
and protect within the Subdivision a unique,
pleasant, attractive and harmonious physical
environment, and (b) review, approve and control
the design of any and all buildings, structures,
signs and other improvements of any kind, nature
or description, including landscaping, to be
constructed or installed upon all Properties
and all Common Area within the Subdivision.
Neither the Design Review Board, or any of
its members, shall have any liability or obligation
to any person or party whomsoever or whatsoever
to check every detail of any plans and specifications
or other materials submitted to and approved
by it or to inspect any Improvements constructed
upon Properties or Common Area to assure compliance
with any plans and specifications approved
by it or to assure compliance with the provisions
of the Design Review Manual, if any, for the
Subdivision or this Declaration.
Section 3. All Improvements Subject to Approval.
No buildings, structures, walls, fences, pools,
patios, paving, driveways, sidewalks, signs,
landscaping, planting, irrigation, landscape
device or object, or other Improvements of
any kind, nature or description, whether purely
decorative, functional or otherwise, shall
be commenced, constructed, erected, made, placed,
installed or maintained upon any of the Properties
or Common Area, nor shall any change or addition
to or alteration or remodeling of the exterior
of any previously approved buildings, structures,
or other Improvements of any kind, including,
without limitation, the painting of the same
(other than painting, with the same color and
type of paint which previously existed) shall
be made or undertaken upon any Lot or Common
Area except in compliance and conformance with
and pursuant to a complete and fully descriptive
set of plans and specifications therefor which
shall first have been submitted to and reviewed
and approved in writing by the Design Review
Board.
Section 4. Standards for Review and Approval.
Any such review by and approval or disapproval
of the Design Review Board shall take into
account the objects and purposes of this Declaration
and the purposes and function of the Design
Review Board. Such review by and approval of
the Design Review Board shall also take into
account and include the type, kind, nature,
design, style, shape, size, height, width,
length, scale, color, quality, quantity, texture
and materials of the proposed building, structure
or other Improvement under review, both in
its entirety and as to its individual or component
parts, in relation to its compatibility and
harmony with other, contiguous, adjacent and
nearby structures and other Improvements and
in relation to the topography and other physical
characteristics of its proposed location and
in relation to the character of the Subdivision
community in general. The Design Review Board
shall have the right to refuse to give its
approval to the design, placement, construction,
erection or installation of any Improvement
on Properties or Common Area which it, in its
sole and absolute discretion, deems to be unsuitable,
unacceptable or inappropriate for the Subdivision.
Section 5. Design Standards and Design Review
Manual for the Subdivision. The Design Review
Board may develop, adopt, promulgate, publish
and make available to all Owners and others
who may be interested, either directly or through
the Association, at a reasonable charge, and
may from time to time change, modify and amend,
a manual or manuals setting forth detailed
architectural and landscape design standards,
specifications and criteria to be used by the
Design Review Board as a guide or standard
for determining compliance with this Declaration
and the acceptability of those components of
development, construction and improvement of
any Properties or Common Area requiring review
and approval by the Design Review Board. Any
such single Design Review Manual or separate
Architectural Design Standards Manual and separate
Landscape Design Standards Manual may include
a detailed interpretation or explanation of
acceptable standards, specifications and criteria
for a number of typical design elements, including,
without limitation, site planning, architectural
design, building materials, building construction,
landscaping, irrigation, and such other design
elements as the Design Review Board shall,
in its discretion, determine. Such Design Review
Manual, if created by the Design Review Board
shall be used by the Design Review Board and
other affected persons only as a guide and
shall not be binding upon the Design Review
Board in connection with the exercise of its
review and approval functions and ultimate
approval or refusal to approve plans and specifications
submitted to it pursuant to this Declaration.
Section 6. Procedure for Design Review. The
Design Review Board may develop, adopt, promulgate,
publish and make available to all Owners, their
architects and contractors and others who may
be interested, either directly or through the
Association, at a reasonable charge, and either
included within or separate and apart from
the Design Review Manual, reasonable and practical
rules and regulations governing the submission
of plans and specifications to the Design Review
Board for its review and approval. Unless such
rules and regulations are complied with in
connection with the submission of plans and
specifications requiring review and approval
by the Design Review Board, plans and specifications
shall not be deemed to have been submitted
to the Design Review Board. Additionally, the
Design Review Board shall be entitled, in its
discretion, to establish, determine, charge
and assess a reasonable fee in connection with
and for its review, consideration and approval
of plans and specifications pursuant to this
Article, taking into consideration actual costs
and expenses incurred during the review process,
including the fees of professional consultants,
if any, to and members of the Design Review
Board, as well as taking into account the costs
and expenses associated with the development,
formulation and publication of any Design Review
Manual adopted by the Design Review Board pursuant
to this Declaration.
Section 7. Duration of Approval. Any approval
of plans, specifications and other materials,
whether by the Design Review Board, or the
Board of Directors of the Association following
appeal, shall be effective for a period of
one (1) year from the effective date of such
approval. If construction or installation of
the building, structure or other Improvement
for which plans, specifications and other materials
have been approved, has not commenced within
said one (1) year period, such approval shall
expire, and no construction shall thereafter
commence without a resubmission and approval
of the plans, specifications and other materials
previously approved. The prior approval shall
not be binding upon the Design Review Board
on resubmission in any respect.
Section 8. Inspection of Construction. Any
member of the Design Review Board or any officer,
director, employee or agent of the Association
may, but shall not be obligated to, at any
reasonable time, enter upon, without being
deemed guilty of trespass, any Properties or
Common Area and any building, structure or
other Improvement located thereon, in order
to inspect any building, structure or other
Improvement constructed, erected or installed
or then being constructed, erected or installed
thereon in order to ascertain and determine
whether or not any such building, structure
or other Improvement has been or is being constructed,
erected, made, placed or installed in compliance
with this Declaration and the plans, specifications
and other materials approved by the Design
Review Board.
Section 9. Evidence of Compliance. Upon a
request therefor from, and at the expense of,
any Owner upon whose Lot the construction,
erection, placement or installation of any
building, structure or other Improvement has
been completed or is in the process, the Design
Review Board shall cause an inspection of such
Lot and the Improvements then located thereon
to be undertaken within thirty (30) days, and
if such inspection reveals that the buildings,
structures or other Improvements located on
such Lot are in compliance with plans, specifications
and other materials approved by the Design
Review Board, the Design Review Board shall
direct the Association through its President,
Secretary or other officer of the Association
thereunto duly authorized, upon the payment
by the requesting Owner of a reasonable fee
approximating the actual costs associated with
such inspection and the preparation of such
notice, to provide to such Owner a written
statement of such compliance in recordable
form. Such written statement of compliance
shall be conclusive evidence of compliance
of the inspected Improvements with the provisions
of this Article as of the date of such inspection.
Section 10. Interior Alterations Exempt. Nothing
contained in this Article shall be construed
so as to require the submission to or approval
of the Design Review Board of any plans, specifications
or other materials for the reconstruction or
alteration of the interior of any building,
structure or other Improvement constructed
on Properties or Common Area after having been
previously approved by the Design Review Board,
unless any proposed interior construction or
alteration will have the effect of changing
or altering the exterior appearance of such
building, structure or other Improvement.
Section 11. Exculpation for Approval or Disapproval
of Plans. The Design Review Board and any and
all officers, directors, employees, agents
and members of the Association, shall not,
either jointly or severally, be liable or accountable
in damages or otherwise to any Owner or other
person or party whomsoever or whatsoever by
reason or on account of any decision, approval
or disapproval of any plans, specifications
or other materials required to be submitted
for review and approval pursuant to the provisions
of this Article, or for any mistake in judgment,
negligence, misfeasance or nonfeasance related
to or in connection with any such decision,
approval or disapproval. Each person who shall
submit plans, specifications or other materials
to the Design Review Board for consent or approval
pursuant to the provisions of this Article,
by the submission thereof, and each Owner by
acquiring title to any Lot or any interest
therein, shall be deemed to have agreed that
he or it shall not be entitled to and shall
not bring any action, proceeding or suit against
the Design Review Board, the Association nor
any individual member, officer, director, employee
or agent of any of them for the purpose of
recovering any such damages or other relief
on account of any such decision, approval or
disapproval. Additionally, plans, specifications
and other materials submitted to and approved
by the Design Review Board, or the Board of
Directors of the Association on appeal, shall
be reviewed and approved only as to their compliance
with the provisions of this Declaration and
their acceptability of design, style, materials,
appearance and location in light of the standards
for review and approval specified in this Declaration
and the Design Review Manual, and shall not
be reviewed or approved for their compliance
with any applicable Governmental Regulations,
including, without limitation, any applicable
building or zoning laws, ordinances, rules
or regulations. By the approval of any such
plans, specifications or materials, neither
the Design Review Board, the Association, nor
any individual member, officer, director, employee
or agent of any of them, shall assume or incur
any liability or responsibility whatsoever
for any violation of Governmental Regulations
or any defect in the design or construction
of any building, structure or other Improvement,
constructed, erected, placed or installed pursuant
to or in accordance with any such plans, specifications
or other materials approved pursuant to this
Article.
Section 1. Compliance. In addition to this
Declaration, property usage shall conform to
all Ordinances, Rules and Regulations of every
governmental entity with jurisdiction over
the Property as they may be amended from time
to time.
Section 2. Permitted Uses. Each single family
home or residential multi family unit shall
be used as a home and for no other purpose,
excluding builder’s models and speculation
homes. No business or commercial activity shall
be conducted in or from any home including
but not limited to visitation of the home by
clients, customers, suppliers or other business
invitees, or door-to-door solicitation of residents.
Section 3. Exceptions. This restriction shall
not be construed to prohibit any Owner from
maintaining a personal or professional library
in his home, from keeping his personal business
or professional records in his home, from handling
his personal, business or professional telephone
calls or written correspondence in and from
his home, or conducting a “no impact” home
based business in and from his home. Such uses
are expressly declared customarily incident
to residential use. Examples of businesses
which are prohibited and are considered “impact” businesses
are businesses or commercial activity or ventures
that result in vehicular traffic to and from
the home, parking at the home, create noise
audible from outside the home, or generate
fumes or odors noticeable outside the home,
including but not limited to, a home day care,
beauty salon/barber, and animal breeding.
Section 4. Non-Conforming Activities. Any
party in violation of this Article VIII on
the date this Declaration is recorded in the
Public Record shall be granted ninety (90)
days from the date of recording in which to
eliminate the violation, an shall thereafter
be subject to enforcement action shall be commenced.
Section 5. Residential Leases. Nothing in
this article shall limit the ability of an
Owner to rent a Dwelling in accordance with
the following limitations. The minimum term
of all residential rentals in the Subdivision
shall be thirty (30) days. Residential rentals
shall be limited to no more than two (2) occupants
per bedroom in the Dwelling rented. Notwithstanding
the foregoing, adult living facilities, congregate
living facilities, group homes, halfway houses,
and similar uses are prohibited. Each Owner
shall be responsible for any violation of this
by a tenant occupying the rented Dwelling.
Section 1. Single Family Residential Use.
In all residential single-family zoned areas
of the Subdivision, no more than one detached,
singlefamily dwelling may be constructed on
any Lot, except that more than one Lot may
be used for one dwelling, in which event, all
restrictions set forth in this Declaration
shall apply to such Lots as if they were a
single Lot, subject to the easements indicated
on the plat of the Subdivision and established
herein.
Section 2. Structures. No residence or Structure,
of any kind, shall be erected nearer than permitted
by the setback lines shown on the Plat. Above
ground swimming pools are prohibited.
Section 3. Square Footage and Garages. All
residential structures hereafter constructed
within the Subdivision shall comply with the
following requirements:
(a) Single Family. All single family residences
shall have no less than one thousand six hundred
(1,600) square feet of enclosed air conditioned
living area. All single-family residences shall
have an attached two car, or larger, fully
enclosed garage with at least four hundred
(400) square feet of enclosed interior space,
and either a minimum sixteen (16) foot wide
overhead garage door; or two (2) eight (8)
foot wide overhead garage doors.
(b) Duplex. Residential duplex units shall
have no less than one thousand two hundred
fifty (1,250) square feet of enclosed air conditioned
living area per unit. Each duplex unit shall
have a one car, or more, fully enclosed garage,
with at least two hundred (200) square feet
of enclosed interior space with a minimum eight
(8) foot wide overhead garage door. Tandem
parking space layouts in multi-family development
are prohibited.
(c) Multifamily. Residential multi-family
zoned buildings with three (3) or more units
shall have no less than one thousand one hundred
(1,100) square feet of enclosed air conditioned
living space per unit. Each multi-family unit
shall have a one car, or more, fully enclosed
garage with no less than two hundred (200)
square feet of enclosed area, with a minimum
eight (8) foot wide overhead garage door. Tandem
parking space layouts in multi-family development
are prohibited.
(e) No carports of any type shall be allowed
on any residential single or multi-family zoned
property.
Section 4. Commercial Property. Commercial
Property: All commercial and industrially zoned
properties within the Subdivision shall conform
to the zoning requirements of Charlotte County,
Florida. In addition to, and without limiting
the use restrictions and architectural control
provisions of this Declaration, the Association
may, in its absolute discretion, require certain
site screening and noise barriers and other
similar measures to protect neighboring properties
from commercial and industrial uses.
Section 5. Accessory Structures. Other than
a residential dwelling and its attached garage,
no detached garage, barn, shed, utility structure
or other unattached building shall, at any
time, be erected or used on any Lot, temporarily
or permanently, whether as a residence or for
any other purpose. Any such structure existing
on the date this Declaration is recorded in
the public records (hereafter “Non-Conforming
Structure”) shall be permitted to remain,
subject to the maintenance and other provisions
of this Declaration, but shall not be enlarged,
enhanced, improved, or relocated. Each Non-Conforming
Structure shall be completely removed upon
the earlier of (a) the sale of the Lot on which
it is located; or (b) its destruction or damage
to the extent of fifty percent (50%) of replacement
cost, or greater.
Section 6. Animals. No animals, livestock,
or poultry of any kind shall be raised, bred,
or kept on any Lot, except that cats, dogs,
and other customary household pets may be kept
provided they are not kept, bred, or maintained
for any commercial purpose; provided further
that no person owning or in custody of a dog
shall allow the dog to stray or go upon another
Lot without the consent of the Owner of such
Lot; and provided further that no more than
a total of two (2) animals may be kept in or
about any Dwelling. Each dog or cat must be
on a leash and in full physical control by
the Owner or Owner’s family member at
all times when the dog or cat is outside of
the Owner's Dwelling. All excretions shall
be immediately removed by the owner or caretaker
of the pet from the Property, placed in a sealed
container and deposited in the Owner’s
solid waste container. The ability to keep
pets is a privilege, not a right, and the Association
may order and enforce the removal of any pet
that, in its determination, for any reason
becomes a source of annoyance to other residents
or endangers the health, safety and welfare
of resident. Commercial or similar activities
involving pets, including but not limited to
breeding for sale, is prohibited in the single
or multi family zoned areas of the Subdivision.
All pets shall be licensed by the appropriate
State or local authorities.
Section 7. Fences, Walls and Hedges. Construction
or planting of any fence, wall or hedge (hereafter “Fence”)
of any height in any location must be approved
by the Design Review Board in accordance with
Article 7 of this Declaration, and is further
subject to the following additional requirements:
(a) No Fence over four (4) feet in height
shall be erected on any Lot between the rear
lot line and the rear of the structure. No
Fence over six (6) feet in height shall be
erected in any location.. No Fence shall extend
toward the street, past the front of the structure.
(b) Any Fence in place as of the date this
Declaration is first recorded in the public
records that does not comply with the foregoing
requirements shall be permitted to remain,
subject to the maintenance and other provisions
hereof, but shall not be enlarged, enhanced,
improved, or relocated; and shall be completely
removed upon the earlier of (a) the sale of
the Lot on which it is located; or (b) its
destruction or damage to the extent of fifty
percent (50%) of replacement cost, or greater
(c) No existing fence or wall may be modified,
altered, relocated or replaced without written
approval from the Association.
Section 8. Vehicles. Automobiles, pick-up
trucks, SUV’s, vans, motorcycles and
privately owned commercial vehicles less than
3/4 ton must be parked either on a driveway
or in a fully enclosed garage. All other vehicles
must be parked in a fully enclosed garage.
The Association may adopt guidelines from time
to time defining which other vehicles may be
parked on a driveway. No vehicle may be parked
on any lawn, road right of way, easement or
vacant lot, except on a temporary basis, not
to exceed 12 hours, and only for the necessary
construction, repair or maintenance of an improved
or vacant lot. Un-licensed and inoperable vehicles
must be stored in a garage. Any vehicle repair
and maintenance exceeding 3 hours in length
must take place in a garage. No vehicle may
be used as a domicile or residence even on
a temporary basis. No recreational vehicle
may be parked outside of a fully enclosed garage
without the issuance of a pass from the Association,
which will not be issued to allow such parking
for more than seven (7) days. The Association
will adopt guidelines for the issuance of recreational
vehicle parking pass
Section 9. Storage. No Lot shall be used for
the storage of rubbish. Trash, garbage or other
waste shall not be kept except in sanitary
containers properly concealed from public view.
Section 10. Clothes Hanging and Drying. All
outdoor clothes hanging and drying activities
shall be done in a manner so as not to be
visible from any street or any adjacent or
abutting property and are hereby restricted
to the areas between the rear dwelling line
and the rear yard line and, in the cases
of Lots bordering a side street, to that
portion of the aforedescribed area which
is not between the side street and the side
dwelling line. All clothes poles shall be
capable of being lifted and removed by one
(1) person in one (1) minute's time and shall
be removed by the Owner when not in actual
use for clothes drying purposes.
Section 11. Antennas and Roof Structures.
No television, radio, or other electronic towers,
aerials, antennas, satellite dishes or devises
of any type for the reception or transmission
of radio or television broadcasts or other
means of communication shall hereafter be erected,
constructed, placed or permitted to remain
on any Lot or upon any improvements thereon,
except that this prohibition shall not apply
to those antennas specifically covered by 47
C.F.R. Part 1, Subpart S, Section 1.4000 (or
any successor provision) promulgated under
the Telecommunications Act of 1996, as amended
from time to time. The Association shall be
empowered to adopt rules governing the types
of antennas that are permissible hereunder
and establishing reasonable, non-discriminatory
restrictions relating to safety, location and
maintenance of antennas.
To the extent that reception of an acceptable
signal would not be impaired, an antenna permissible
pursuant to rules of the Association may only
be installed in a side or rear yard location,
not visible from the street or neighboring
property, and integrated with the dwelling
and surrounding landscape. Antennas shall be
installed in compliance with all state and
local laws and regulations, including zoning,
land use, and building regulations.
Section 12 Tree Removal. Trees shall not be
removed from any Lot by any person or Lot Owner
without first procuring a tree removal permit
from Charlotte County, Florida.
Section 13. Lot and Dwelling Upkeep. All property
with completed structures thereon shall, as
a minimum, be obligated to have the grass regularly
cut and irrigated, trees maintained, including
any street trees and all trash and debris removed.
This obligation shall include the right of
way or tract area lying between the Owner's
Lot line and the pavement of the street. The
Owner of each Lot shall maintain the Dwelling
located thereon in good repair, including,
but not limited to the exterior paint and appearance
of the Dwelling. No Owner may change the original
color of the exterior of his Dwelling without
the prior written consent of the Design Review
Board. If an Owner of a Lot fails, in the Board's
sole discretion, to maintain their Lot or Dwelling,
or the right of way or tract area as required
herein, the Board, after giving such Owner
at least ten (10) days written notice, is hereby
authorized, but shall not be hereby obligated,
to maintain that Lot, Dwelling or right of
way or tract area and said Owners shall reimburse
Association for actual costs incurred therewith,
and all of which shall become a lien until
paid in full.
Section 14. Window Treatments. No newspaper,
aluminum foil, reflective film, nor any other
material, other than usual and customary
window treatments, shall be placed over the
windows of any Dwelling.
Section 15. Signs. No sign, billboard or advertising
of any kind (including on motor vehicles, vessels,
or conveyances) shall be displayed to public
view anywhere within the Subdivision without
the prior written approval of the Association,
which may establish guidelines, in its sole
and absolute discretion, for the display of
all forms of signage (including signs on motor
vehicles) within the Subdivision.
Section 16. Prohibition of Certain Activities.
No damage to, or waste of, the Common Property
or any part thereof, shall be committed by
any Owner or any tenant or invitee of any Owner.
No activity which in the sole and absolute
discretion of the Association is noxious, destructive,
offensive, or disturbing to the peaceful and
harmonious character of the community shall
be permitted on or in the Common Property,
or the Lots, or any part thereof, nor shall
anything be done thereon which may be or may
become an unreasonable annoyance or nuisance
to any other Owner. No Owner may maintain,
treat, landscape, sod, or place or erect any
improvement or structure of any kind on the
Common Property without the prior written approval
of the Board of Directors.
Section 17. Rules and Regulations. No Owner
or other permitted user shall violate the reasonable
Rules and Regulations for the use of the Common
Property, as the same are from time to time
adopted by the Board.
Section 18. Flags and Flagpoles. An Owner
may display only one removable and portable
United States flag and one other flag on the
Owner's Dwelling, provided the flags are displayed
in a respectful way. All flag displays shall
be subject to reasonable standards for size,
placement, and safety, as adopted by the Association,
consistent with Title 36 U.S.C. Chapter 10,
Chapter 720, Florida Statutes and any applicable
local ordinance.
Section 19. Above Ground Tanks Prohibited.
The placement or maintaining on a Lot of any
and all kinds of above ground fuel tanks is
strictly prohibited. This prohibition shall
include, but not be limited to, fuel tanks
of gas, kerosene, diesel fuel, propane or similar
fuels, but shall exclude small attachable tanks
for gas grills. In ground tanks may be installed
on a Lot provided the tank is permitted by
local, state or federal regulations and is
installed and maintained in accordance with
such regulations. A permit for such in ground
tank must be received from the Association.
The Association may establish rules and regulations
for the installation and maintenance of in
ground tanks.
Section 20. Waterways. When a Lot which borders
a lake, pond or canal or other body of water
located within the boundaries of the Subdivision
("Waterway") is improved with any
structure, the Owner shall finish grade, sod
and mow the area between any property line
and the water’s edge. The finished grade
shall be in compliance with the Association’s
guidelines which may be adopted or revised
from time to time, and shall be subject to
the Association’s approval as to all
matters including change in elevation.
The Association shall have the right, but
not the obligation, to maintain all areas which
lie between an Owner's lot line and the edge
of all Waterways. No Owner shall improve, other
than finish grading, and sodding, the Waterway
bank area with any other improvements without
the written approval from the Association and
no improvement shall be permitted which shall
inhibit or prevent the Association from discharging
its responsibilities to maintain the Waterway
area.
The Association reserves the right to remove,
at Owners expense, any improvement which lies
within the Waterway easement area and, in the
sole judgment of the Association, inhibits
or prevents the Association from discharging
its right and responsibility to maintain the
Waterway area.
No vessel powered by any type of internal
combustion engine shall be operated on any
of the waterways.
Section 21. Boat Docks - Landing Platforms.
Boat docks and boat landing platforms without
cover shall be permitted provided the construction
specifications are approved by the Association
in accordance with Article 7 above, and provided
that no improvements shall be permitted to
extend more than four (4) feet from waters
edge or more than ten percent (10%) of the
width of the water body, whichever is less.
Waters edge shall be measured at a water level
of 3.0 feet above mean sea level. No structure
or mooring shall be placed within fifteen (15)
feet from each extended side lot line. Docks
and Landing platforms shall not exceed a maximum
length (along the bank) of sixteen (16) feet
and a width of eight (8) feet including that
portion extending over the waters edge.
In the event of any conflict, inconsistency,
or incongruity between the provisions of this
Declaration and any provisions of the prior
recorded Declaration, as heretofore amended,
the provisions of this Declaration shall in
all respects govern and control.
Every owner, tenant and occupant shall comply
with this Declaration as set forth herein and
any and all changes from time to time that
may be made by the Association.
Section 1. Enforcement. Failure of a member
to comply with this Declaration shall be grounds
for immediate action which may include without
limitation, an action to recover sums due for
damages, injunctive relief, imposition of fines,
foreclosure of liens, or any combination thereof
or other relief at law or in equity, and for
recovery without limitation of all reasonable
attorney’s fees, costs and expenses expended
by the Association, for pre-suit, trial and
appellate level proceedings, post judgment
enforcement, and any other matters in connection
with enforcement of this Declaration, the By
Laws, and all rules and regulations of the
Association, including, but not limited to,
rules adopted by the Design Review Board including
appellate fees and costs.
Section 2. Fines. In addition to all other
remedies, a fine of up to $100.00 per day may
be imposed on a Member, in accordance with
the requirements of Chapter 720, Florida Statutes.
The lien of the Assessments provided for in
this Declaration shall be a lien superior to
all other liens save and except tax liens and
mortgage liens, provided said mortgage liens
are first liens against the property encumbered
thereby, and secure indebtedness to an institutional
lender. In the event that any mortgage in favor
of an institutional lender (which mortgage
encumbers all or part of a lot or unit and
was recorded prior to recordation by the applicable
Association of a claim of lien) is foreclosed
or title is transferred to said institutional
lender by a deed in lieu of foreclosure, any
purchaser at a foreclosure sale or the lender
or its nominee through a deed in lieu or foreclosure,
any purchaser at a foreclosure sale or the
lender or its nominee through a deed in lieu
or foreclosure, and all persons claiming by,
through or under such purchaser or mortgagee,
shall not be liable for the payment of a prior
Assessment , amounts, charges, costs, interest,
fees or fine but shall hold title subject to
the liability and lien of any Assessment coming
due after such foreclosure, or transfer or
title pursuant to a deed in lieu of foreclosure.
ARTICLE 14.
In any case not herein otherwise specifically
provided for, where the Association shall be
required, for the safety and betterment of
the members hereof. The Association shall be
allowed to expend money to correct any violation
of this Declaration upon the failure or refusal
of any owner whose duty it is hereunder to
do, such expenditure shall be a charge against
the lot or lots of such owner, and the Association
may pursue such appropriate legal remedies,
including the right to file a Lien to collect
such expenditure.
ROTONDA MEADOWS/VILLAS CONSERVATION ASSOCIATION,
INC.,
_____________________________ a Florida corporation
not-for-profit
Witness
______________________________
_____________________________ Noel Andress, President
Witness
STATE OF FLORIDA
COUNTY OF CHARLOTTE
The foregoing instrument was acknowledged
before me this ______ day of _________, 20_____
by Noel Andress as President of ROTONDA MEADOWS/VILLAS
CONSERVATION ASSOCIATION, INC., a Florida corporation
not-for-profit who ( ) is personally known
to me or who ( ) has produced ______________________
as identification.
______________________________
(SEAL) Notary Public-State of Florida
ATTESTATION
I, Kendall Leach as Secretary of ROTONDA
MEADOWS/VILLAS CONSERVATION ASSOCIATION, INC.,
a Florida corporation not-for-profit (the "Association"),
hereby attest and certify that the foregoing
RESTATEMENT OF COVENANTS AND RESTRICTIONS FOR
ROTONDA MEADOWS/VILLAS was considered at a
duly noticed meeting of the Association convened
on the _____ day of ______ 20___, and was formally
adopted by a vote of no less than two-thirds
(2/3) of the votes entitled to be cast at that
meeting.
________________________________
Kendall Leach, Secretary
