St. Michel Village Architectural Standards Manual (Final version) February 2, 2010 Page 1
Table of Contents Section 1 Page 3 Definitions Section 2 Page 3 Objectives and Purposes Section 3 Page 4 Development of ASM Section 4 Page 5 Exterior Maintenance Assessment Section 5 Page 7 Building Setback lines Subdivision of Lots Section 6..Page 7 Construction Review Process Section 7..Page 11 Building Design and Specifications Section8.Page 15 Regulations of Fences and Walls Section 9..Page 16 Regulation of Storage Sheds Section 10 Page 16 Parking Regulations Section 11..Page 18 Satellite Dishes Section 12..Page 19 Nuisances and Waste Section 13.Page 21 Remedies for Violations Section 14.Page 25 Exculpation February 2, 2010 Page 2
Section 1 Definitions The following terms used in the Architectural Standards Manual are being used as defined in the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Saint Michel Village, Article I, Definitions: Architectural Review Local Government (1.18) Committee* (1.1) Lot (1.19) Architectural Standards Owner (1.20) Manual (1.2) Plat (1.22) Association (1.5) Residential Property (1.23) Board (1.6) Rules and Regulations (1.24) City (1.8) Saint Michel Village (1.15) Common Property (1.10) Subject Property (1.25) Declaration (1.12) Subdivision (1.26) Government Regulations (1.14) Unit (1.27) Improvements (1.16) * The terms Architectural Review Board (ARB) and Architectural Review Committee (ARC) refer to the same entity and are interchangeable. In addition, Declarant shall mean and be defined as the Association of Saint Michel Village Homeowners Association, Inc., a corporation not for-profit, organized and existing under the laws of the State of Florida as established and governed by the Declaration. Section 2 Objects and Purposes The following Objects and Purposes used in the Architectural Standards Manual are being used as defined in the Amended and Restated February 2, 2010 Page 3
Declaration of Covenants, Conditions and Restrictions for Saint Michel Village, Section XII, Architectural and Landscape Control: Reservation of Architectural and Landscape Control (12.1) Architectural Review Committee (12.2) Appointment of Architectural Review Committee (12.3) Purpose and Function of Architectural Review Committee (12.4) All Improvement Subject to Approval (12.5) Standards and Review Approval (12.6) Section 3 Development of Architectural Standards Manual Architectural Standards and Architectural Standards Manual. The Architectural Review Committee shall 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 the manual setting forth detailed architectural and landscape design standards, specifications, and criteria to be used by Owners and the Committee as a guide or standard for determining compliance with the Declaration and the acceptability of those components of development, construction, and improvement of the Subject Property requiring review and approval by the Committee. The Architectural Standards Manual, together with any changes, modification, or amendments, must be approved by the Board of Directors in writing prior to its adoption and promulgation. The Architectural Standards Manual may include a detailed interpretation or explanation or acceptable standards, specifications, and criteria for a number of typical design elements, including without limitation, site planning, architectural design, building materials, building construction, February 2, 2010 Page 4
landscaping, irrigation, and such other design elements as the Committee shall, at its sole discretion, determine. Section 4 Exterior Maintenance Grounds and Yard Maintenance Vegetation. Grass, hedges, shrubs, vines, trees, and mass plantings of any type on each Lot shall, at regular intervals, be mowed, trimmed, edged and cut so as to maintain the same in a neat and attractive manner. Trees, shrubs, grass and plants that die shall be removed and replaced as soon as practical. (e.g. plant death caused by neglect shall be removed and replaced promptly. Plant death caused by severe, unusual, or atypical weather conditions shall be removed and replaced promptly after such weather conditions cease to be a factor). Rubbish. No weeds, vegetation, rubbish, debris, garbage, objects, waste, or materials of any kind whatsoever shall be placed, nor permitted to accumulate, upon any portion of any Lot, which would render it unsanitary, unsightly, offensive, or detrimental to the properties in the vicinity thereof or to the occupants of any such property in such vicinity. Lawns. All residences must have grass lawns. Lawns may be over seeded or plugged to change the turf variety or to promote healthy looking lawns in the winter. All new lawns or lawn replacements must be sodded. Desert type yards of sand and rock are prohibited. Building Materials/Supplies. No building material of any kind or character shall be placed or stored upon any Lot so as to be open to view by the public or neighbors, unless such materials will be used February 2, 2010 Page 5
within two (2) months for the construction of buildings or structures upon the Lot on which the materials are stored. Exterior Maintenance Assessment. In addition to maintenance upon the Common Property, the Association may provide upon any Lot requiring same when necessary in the opinion of the Board of Directors of the Association to preserve the beauty and quality of the neighborhood maintenance, including but not limited to paint, repair, roof repair and replacement, gutters, downspouts, exterior building surfaces and yard cleanup and/or maintenance. This remedy shall be available in addition to any other legal or equitable remedy pursued by the Association. Assessment of Cost. The cost of such maintenance shall be assessed against the Lot(s) upon which such maintenance is performed. The Assessment shall be apportioned among the Lots involved in the manner determined to be appropriate by the Board of Directors of the Association. If no allocation is made, the Assessment shall be uniformly assessed against all Lots in the affected area. The exterior maintenance Assessment shall not be considered part of the annual or special Assessments. Any exterior maintenance Assessment shall be a lien on the Lot and the personal obligation of the Owner and shall be come due and payable in all respects, together with interest and fees for cost of collection, as provided for the other Assessments of the Association, and shall be subordinate to mortgage liens to the extent provided by Article V, subparagraph 10 of the Amended and Restated Declaration of Covenants and Restrictions for Saint Michel Village. Access at Reasonable Hours. For the purpose of performing the maintenance authorized by the above stated article, the Association, February 2, 2010 Page 6
through its duly authorized agents or employees, shall have the right, but not the obligation, after giving a seven (7) day notice in writing to the Owner, to enter upon any Lot or the exterior of any improvements thereon between the hours of 9:00 A.M. and 5:00 P.M on any day except Sunday or at a mutually agreed time, and such entry shall not be deemed a trespass. In the event there is a serious health or safety hazard, the seven (7) day notice requirement shall be waived. Section 5 Building Setback Lines The setbacks will be as per the City of Rockledge zoning specifications as may be changed from time to time. In no case shall any part of the main structure be constructed, erected, placed, or installed any closer to the property boundary lines of any Lot than: front 25 (twenty-five feet), rear 20 (twenty feet), sideline 8 (eight feet) for one and 10 (ten feet) for the other. A copy of the Platted Subdivision, as recorded in Book 40, pages 64 and 65 of the Official Public Records of Brevard County Florida, is kept and maintained by the ARC for reference and may be viewed by appointment. Subdivision of Lots. No Lots, as shown on the Subdivision plat, shall be subdivided except that one or more Lots, or parts thereof, abutting other Lot(s) may be joined to increase the size of such abutting Lot(s), and such Lot(s) of increased size shall thereafter remain as one building site. Section 6 Construction Review Process Prior Committee Approval. Whether or not provision therefore is specifically stated in any conveyance of a Lot, the Owners or occupants February 2, 2010 Page 7
of each and every Lot by acceptance of title thereto, or by taking possession thereof, covenant and agree, for themselves, their heirs, administrators, personal representatives, successors or assigns, that no structure or improvement shall be placed on any Lot, nor shall any exterior additions, changes or alternations therein be made until the plans and specifications showing the nature, kinds, color, shape, height, materials, and location thereof have received the prior approval of the Committee. Structure or Improvement as used herein shall include, but not be limited to, fences, storage sheds, swimming pools, porches, alteration of the exterior surface of the home (including screened porch, swimming pool, or paint), addition or extension of concrete surfaces (walks, patios, driveways or slabs), solar energy devices, decorative buildings (such as gazebos) and alterations or construction shall be in accordance with the terms hereof and with all applicable Codes and Ordinances of the local governing agency issuing permits for construction or land alteration, in effect at the time of such proposed construction or alteration. The Committee shall have the right to approve or disapprove any improvement or structure. Interior Alterations are Exempt. Nothing contained in the ASM shall be construed so as to require the submission for approval of the ARC of any plans, specifications, or other material for the reconstruction or alteration of the interior on any building, structure or other Improvement constructed on Residential Property or Common Property, after having been previously approved by the ARC, 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. Or unless specifically stated in the Declaration February 2, 2010 Page 8
or unless it shall have the effect of materially reducing the retail valued of the home or Lot. Disposition. Approval or disapproval of the plans, specifications and plot plans must be given in writing thirty (30) days after the Architectural Review Committee s meeting which next follows the submission. If the approval, disapproval, or request for additional information is not given within that time, then such written approval shall not be required, provided, however, that no addition to any single-family building, accessory building or structure shall be erected that violates any of the provisions of the Declaration. Two (2) sets of construction requests must be submitted to the Committee. The Committee shall notify the Lot Owner, in writing, of the approval or disapproval, and the response will be signed or initialed by two members of the Committee. One (1) copy of the approval/disapproval and plans and specifications will be returned to the Lot Owner. One (1) copy of the approval/disapproval and plans and specifications will be retained by the Committee to be made a part of the corporate records. A copy of the final, signed disposition shall be given to the Board of Directors for maintenance in the Official Public Records of Brevard County Florida. Submittal of Request for Improvement. The approval or disapproval of plans, specifications, and locations by the Committee shall be based on grounds including, but not limited to, aesthetic reasons, effect on property value, and/or neighborhood conformity, and shall be at the sole discretion of the Committee. The construction request provided to the Committee shall include detailed sketches, a copy of the permit as applicable, and include location to main structure and to property lines, size, materials, shape and color, as applicable for the structure or February 2, 2010 Page 9
improvements. This request shall be submitted by the Lot Owner to the Committee prior to the scheduled Committee meeting, to be considered at the meeting. The Committee shall hand deliver or send via U.S. mail its written response within ten (10) days of the Committee meeting which followed the request. An application which does not contain all of the information and documents required herein shall not be considered by the Committee, shall not be deemed submitted for any purposes hereof until complete, and it shall be the applicant s responsibility to bring his or her request into compliance. For purposes of approval or disapproval deadline, an application shall first be considered received on such date, as all required information and documents are received. The Committee s determination as to completeness shall be binding. In the event any required approvals are not obtained prior to commencement of improvements, or in the event improvements are made which vary from those approved, it shall be deemed that approval was not given, and that a violation and/or breach of the Declaration has occurred, and all enforcement provisions of the Declaration shall be applicable. Changes, to, or replacement of structures or improvements previously approved by the Committee, shall require the approval of the Committee in the same manner as required for the original structure or improvement. Violation of Article VIII. In the event of a violation of Article VIII of Declaration, the Lot Owner shall be responsible for all costs associated with the removal or modification of the structure or improvement that caused the violation and, additionally all enforcement provisions of the Declaration shall be cumulatively applicable. The Lot Owner shall also February 2, 2010 Page 10
be responsible for any legal expenses and costs associated with the Association s enforcement of this section. Duration of Approval. All exterior construction, paint and other activities relating to a structure or improvement for which plans and specifications are required to be submitted to the Committee for approval shall be completed within thirty (30) days from the date of commencement. All Requests for Improvement (RFI) are valid for twelve (12) months from the date of written approval. The committee may grant an extension of said thirty (30) day or twelve (12) month period at its discretion. If Improvement has not been completed within allotted time, such approval shall expire, and no construction shall thereafter commence without a resubmission and approval of the plans, specifications, and other materials to the Architectural Review Committee. The prior approval shall not be binding upon the ARC or the resubmission in any respect. Section 7 Building Design and Specifications Roofs. The roofs of the main body of all buildings and other structures, including the principle residence shall be pitched. The pitch of all roofs shall not be less than five inches (5 ) in twelve inches (12 ) (5/12 vertical/horizontal). All roofs shall be constructed of three tab, twenty year, asphalt and fiberglass shingles. All roof colors must be of a subdued tone to match the exterior paint of the structure. Metal roofing material may be considered by the Committee for use on porch additions that are on the rear of the main structure and are not visible from the public street. The use of metal roofing materials is expressly prohibited on any Lot fronting either retention Lake/Pond. February 2, 2010 Page 11
Siding. The use of aluminum, vinyl, tin, or iron shall be specifically prohibited for siding on any structure, unless otherwise expressly approved by the Committee. Garages and Carports. No carports shall be placed, erected, constructed, installed, or maintained on residential property. Each single-family residential dwelling constructed or maintained on residential property shall have a garage as an appurtenance thereto. All garages shall accommodate not less than one (1) standard size passenger automobile. Garages may also contain appropriately sized storage rooms, recreational workshops, and tool rooms. No garage shall be converted to another use (e.g. living space) without the substitution, on the lot involved, of another garage meeting the minimum requirements of this Section of this ASM and having the approval of the Committee. Any modifications or alterations to the garage must be submitted to the Committee for approval. All garages must be set forth and be submitted to the Committee for approval and be in conformity with the Architectural Standards Manual. Veneers and Paint. False stone or simulated brick veneer may be permitted on the exterior of any residence subject to the approval of the Committee. Use of specialty material/texture shall be subject to approval by the Committee. All exterior paint shall be submitted for approval by the Committee prior to being applied on any residence. Paint colors shall be of a subdued nature in keeping with the uniqueness of the Subdivision. Uncovered or exposed (whether painted or not) concrete or concrete block shall not be permitted as the February 2, 2010 Page 12
exterior finish of any building structure or wall unless approved by the Committee. Driveways, Sidewalks, and Walkways. All driveways shall be constructed of concrete. Any changes of the materials/textures shall be subject to approval by the Committee. Expansion of existing driveways shall require Committee approval. Driveways may be sealed, but may not be painted or stained, with a clear coat sealant so as not to change or alter the natural color from that of the sidewalks and to maintain uniformity within Saint Michel Village. Stoops. The front stoop (porch) and/or the back porch may be enhanced by a brick or tile facing. Swimming Pools. Swimming pools may be constructed on any Lot and are subject to the approval of the Committee. All pools must have restricted access from all directions by fencing, screened enclosure and/or the residential structure. Swimming pools shall be only of the in-ground type, and shall be constructed of fiberglass, concrete or concrete type materials. It is expressly forbidden by the St. Johns River Water Management District to drain any waters from pools into the street and consequently into the retention areas. All pools must be in compliance with City of Rockledge Accessory Building and Structures code which require a permit. Solar Panels. The location of any proposed solar heating facilities must be approved by the Committee. The preferred location of such devices is on the back of the residence so as not to be visible from the street and to not create an eyesore or interrupt the uniformity within Saint Michel Village. Any solar renewable energy device and the Committee s review of same shall adhere to all provisions of the Florida February 2, 2010 Page 13
Statutes governing the installation of these types of facilities, as said statutes may be amended from time to time. Electric. Electrical connections to any structure built on a Lot shall be buried underground. Overhead electrical connections are expressly prohibited. Dwelling Size. No residence, which contains a floor area of less than twelve hundred (1,200) square feet of living area, shall be erected on any Lot. Drainage of Lots. Each Owner shall be responsible for maintaining the drainage swale over the rear and sides of the Lot as per the plat of the Subdivision, including mowing and removal of debris that might affect the free flow of the storm water drainage system. In the event an Owner is duly noticed by the Association or ARC, or governmental authority, of a violation of this provision, and shall fail to timely remove any debris or remedy any situation adversely affecting the storm water drainage system that may exist on the Owner s Lot, then the Association shall have the power an duty to remove such obstruction and to lien the Lot for any costs incurred in connection therewith, including a reasonable attorneys fee that may be incurred for the collection or prosecution thereof. It is expressly forbidden by the St. Johns River Water Management District to drain any waters from pools into the street and consequently into the Retention areas. Shutters. The use of hurricane shutters is encouraged by the ARC. Temporary/emergency hurricane shutters may be installed by any Lot Owner without approval by the Committee. The installation of permanent hurricane shutters is encouraged by the ARC. Permanent installation of hurricane shutters shall be subject to the review and February 2, 2010 Page 14
approval of the Committee so as to keep an aesthetically pleasing appearance within Saint Michel Village. Portable Air Conditioning. No window or wall air conditioning units shall be permitted. Porches. Screen porches are permitted, but must have a trussed roof with roofing materials that match the residence s style, design and structure, or they meet the metal roofing allowance in the Roofing Section of this ASM. Reconstruction of Damaged Improvements. In the event that a residence or any Improvement on any Lot shall be damaged or destroyed by casualty, hazard, or other cause, including fire or windstorm, then, within a reasonable period not exceeding two (2) months following the occurrence of the damaging incident, the Owner of same shall cause the damaged or destroyed Improvements to be repaired, rebuilt, or reconstructed, or to be removed and cleared from his Lot. Any such repair, rebuilding, or reconstruction shall be approved and accomplished as required pursuant to the provisions of the Declaration and this Manual. Extensions of time may be granted by the Committee, provided the owner shows a good faith effort at resolving the issue. Maintenance. All dwellings, structures, buildings, outbuildings, walls, driveways and fences placed or maintained on the properties or any portion thereof shall at all times be maintained in good condition and repair. February 2, 2010 Page 15
Section 8 Regulations of Fences and Walls Specifications. Boundary and interior fences shall be permitted, except as stated below, but only after written approval has been obtained from the ARC. The ARC may condition its approval on the modification of the type, location, design or materials used in the proposed fence of wall. Fences are to be of vinyl or natural wood, board-on-board or shadow box and concrete walls of a colored texture to match that of the primary residence. Decorative screen walls (for trash receptacles, AC units, etc.) may be erected subject to approval by the ARC. Use of specialty materials/textures (i.e. Split-faced concrete block) is subject to the approval of the ARC. Fences may be stained with prior approval of color choice by the ARC. Two (2) color chips must be submitted with request. Height and Location. Fences are to be between four (4) and six (6) feet in height. No wall or fence shall be erected or placed within the front setback of any lot. Barbed wire fencing is prohibited under all circumstances. No wire fencing of any kind, including chain-link, shall be allowed. Section 9 Regulation of Storage Sheds Sheds. All storage sheds shall require the approval of the Committee prior to installation. Purchase of a unit prior to ARC approval shall not constitute a hardship and shall not in any way be a factor in the ARC s review process. Exceptions to shed styles may be made by the ARC on a case-by-case basis. All sheds must be in compliance with City of Rockledge Accessory Building and Structures code which require a permit. February 2, 2010 Page 16
Sections 10 Parking Regulations General Parking Rules. No unregistered motor vehicle will be parked on any Lot at any time, except in an enclosed garage. Boats, boat trailers, pop-up camper trailers, and other types of trailer shall be parked in an enclosed garage, or to the rear of the front line of the residence behind and approved six (6) foot high fence and shall not be parked in the street right-of-way. RVs and mobile homes shall not be used for temporary or permanent occupancy in the Subdivision and shall not be permanently parked or stored at the residence. Parking on Grass. Under no circumstances shall any vehicle be parked on the grass, except as allowed above, of any residence or any Saint Michel Village Homeowners Association maintained area. During the time that the county is placed under a forced water restriction usage, it shall be permissible, and is encouraged, that vehicles be parked in the grass immediately adjacent to the driveway for the sole purpose of washing the vehicle. Immediately upon completion of washing, the vehicle must be removed from the grass and parked back on the driveway or in the garage. Commercial Vehicles. The parking of commercial vehicles (which description shall include but not be limited to: any vehicle utilized primarily for commercial purposes or bearing any commercial signage; any trucks larger than a full-size pick-up truck; tractor-trailers; semitrailers and commercial trailers) at any time on driveways or otherwise on a Lot, on the Common Property or on the Streets of the Subdivision, is prohibited except during constructions and for brief loading and unloading purposes. February 2, 2010 Page 17
Private Vehicles. Residents may not keep vehicle parked outside the garage on a regular or recurring basis unless parked on the driveway. Removal of Vehicles by the Association. Any private, commercial, recreational, or other vehicle parked or stored in violation of these restrictions or in violation of any rules and regulations adopted by the Association concerning the same may be towed away or otherwise removed by or at the request of the Association and at the sole expense of the Owner of such vehicle. In the event of such towing or other removal, the association and its employees or agent shall not be liable or responsible, to the owner of such vehicle; the trespass, conversion, or damage incurred as an incident to or for the cost of such towing or other removal. The Association, its employees, or agents shall not be guilty of any criminal act or have any civil liability, by reason of such towing or removal, even in the failure of the Owner of such vehicle to receive any notice of violation of this provision. Repair of Vehicles. No passenger automobile, commercial, recreational, or other motorized vehicle, or trailer, or trailerable boat, or the like, shall be dismantled, serviced, rebuilt, repaired, or repainted outside of the garage. Notwithstanding the foregoing provisions of this paragraph, however, it is expressly provided that the foregoing restriction shall not be deemed to prevent or prohibit those activities [not exceeding four (4) hours] normally associated with an incident to the day-by-day washing, waxing, and polishing of such vehicles or such repairs as may be necessary in an emergency situation. Repairs, service or painting made within the confines of a garage or designated February 2, 2010 Page 18
enclosure may be denied by the Association if deemed a nuisance by the Association. Section 11 Satellite Receiving Dishes, Transmitters and Antenna Antenna. No radio, microwave, or other electrical transmission equipment, including ham radios, citizen band radios, outside antennas, satellite dishes, outside sending devices, and the like, shall be permitted on any Lot. The ARC may approve, in writing, the use of small dish type receiving devices so long as the operation of such equipment does not interfere with ordinary radio and television reception or communication equipment and so long as the placement of such equipment is minimally visible from any street or road and is deemed aesthetically acceptable by the ARC. Section 12 Nuisances and Waste Clotheslines. Clotheslines may be maintained on a Lot. Clotheslines are considered a structure and must receive the prior written approval of the Committee before they are located on the Homeowner s property. Repairs. No part of any Lot shall be used for major automotive, motor or engine repairs except that tune-ups and minor repairs may be conducted within the garage on the Lot by the Lot Owner while working on his/her own automobile, motor or engine. Trash. No garbage, trash or other refuse from the premises shall be placed or emptied upon the surface of any Lot. Ponds. No motorized boats shall be permitted to be used on any of the retention ponds situated in the Subdivision. No swimming or inner tubing shall be permitted on the retention ponds as well. February 2, 2010 Page 19
Home Businesses. Home businesses will be allowed in the Subdivision as long as they do not result in increased traffic flow or increase onstreet parking. No signs will be allowed to be displayed. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of any Lot, except that dogs, cats and any other household pet may be kept thereon if they are not raised, bred, kept, or maintained for commercial purposes. In the event of dispute as to the reasonability of the number of such cats, dogs or household pets kept upon the Properties, the decision and opinion of the Board shall control. Pets. All pets must be carried or kept on a leash when outside of the Owner s property. Each Owner shall be responsible for his/her pets and the pets of any person residing in their residence. Any resident shall pick up and remove any solid animal wastes deposited by his/her pet on the Common Areas or on any other Residential Lot. Play Apparatus. Swings, climbing gyms and other children s play apparatus may be installed without the approval of the Committee. These apparatus, however, shall not be forward of the rear setback line of the residence. Basketball Goals. Mobile basketball goals are an exception that may be used on the driveway of the residence. Canopies. Canopies or similar temporary structures shall not be maintained on a Lot for longer than three (3) consecutive days. Canopy style storage areas or carports shall not be constructed or maintained on a Lot. February 2, 2010 Page 20
Signs. All political, campaign, real estate, and garage sale signs must be displayed in compliance with current City of Rockledge Ordinances and guidelines, available at www.cityofrockledge.org and at the Code Enforcement Department located at Rockledge City Hall, and do not need prior approval by the ARC. Any other signage may not be displayed to public view on any Lot without the prior written approval of the ARC. Section 13 Remedies for Violation Enforcement of Violation. For a violation or breach of any provisions of this Amended and Restated Declaration by any person or entity, the Association, any Owner, the City of Rockledge or the St. Johns River Water Management District, shall have the right to proceed at law or in equity, to compel compliance with the terms hereof, or to prevent the violation or breach of any of them. The failure to promptly enforce any provision of the Amended and Restated Declaration shall not bar their enforcement. The prevailing party in any dispute arising hereunder shall be entitled to recover reasonable attorney s fees. The Board of Directors shall have the right to assess fines, in addition to its other remedies, as provided in Chapter 720, Florida Statutes, as amended. Remedies. In the event of a violation by any Owner or any tenant of an Owner, or any person residing with them, or their guests or invitee, (other than the non-payment of any assessment or other monies)of ANY of the provisions of this Declaration, the Articles, the Bylaws or the Rules and Regulations of the Association, the Architectural Review Committee, duly backed by the Association, shall notify the Owner and tenant of the Owner of the violation, by written notice sent via the United States Postal Service. If such violation is not cured as soon as February 2, 2010 Page 21
practicable and in any event by the date and time specified in the written notice of said violation, or if any similar violation is thereafter repeated the ARC may, at its option: Fine the Owner as provided in the Rockledge; Code of Ordinances, Chapter 21 Traffic, Section 21-35. The fine shall be twenty-five dollars ($25.00), up to one thousand dollars ($1,000.00) Enforce an Action. Commence an action to enforce the performance on the part of the Owner or tenant, or for equitable relief as may be necessary under the circumstance, including injunctive relief, and/or Commence and Action. Commence an action to recover damages, and/or Take Necessary Action. Take any and all actions reasonably necessary to correct such failure, which action may include, where applicable, but is not limited to, removing any addition, alteration, improvement or change which has not been approved by the Committee, or performing any maintenance required to by performed by this Declaration. Incurred Expenses. All expenses incurred by the Association in connection with the correction of any failure, plus a service charge of fifteen percent (15%) of such expenses, as allowed by Article 9.11 (d) of the St. Michele Conditions, Covenants, and Restrictions, and all expenses incurred by the Association in connection with any legal proceedings to enforce this Declaration, including reasonable attorneys fees whether or not incurred in legal proceedings, shall be assessed against the applicable Owner, and shall be due upon written demand by the Association. The Association shall have a lien for any such Assessment and any interests, costs or expenses associated February 2, 2010 Page 22
therewith, including attorney s fees incurred with such Assessment or foreclose said lien as in the case and in the manner of any other Assessment as provided above. Any such lien shall only be effective from and after the recording of a Claim of Lien in the Public Records of Brevard County, Florida as stated in the Florida Statutes, Chapter 15, Liens. Imposition of Fine. Prior to imposing any fine, the Owner shall be given written notice via certified mail of the fact that the Committee, with the support and authorization from the Board, is considering the imposition of the fine, including (i) a statement of the provisions of the Declaration, Bylaw, or Rules and Regulations which have allegedly been violated, (ii) the proposed amount of the fine and the upper limits of such fine, and (iii) the right of the Owner to request a hearing. If the Owner desires to contest the fine, the Owner may demand a hearing by written notice to the Board within the statutory time frame after the notice of the fine, and in that event the Owner shall have a right to a hearing, which shall be held in accordance with the law. The hearing shall be conducted in accordance with any applicable statutory provisions. At the hearing, the Owner shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge and respond to any material considered by the Association. At the hearing, the fine previously imposed may be approved, disapproved or modified. If the Owner fails to request a hearing or fails to attend the hearing, The Owner shall be deemed to have admitted the allegations contained in the notice to the Owner. Payment of Fines. Any fine imposed by the Committee shall be due and payable within ten (10) days after written notice of the imposition of February 2, 2010 Page 23
the fine, or if a hearing is timely requested within ten (10) days after written notice of the decision of the hearing. Any fine levied against an Owner shall be deemed an Assessment, and if not paid when due all of the provisions of this Declaration relating to the late payment of assessments shall be applicable. Examples of Violations. Violations shall include but not be limited to: Overnight parking in the street or parking in violation of this Declaration Parking of commercial vehicles on driveways or roadways Parking of cars, vans, trucks, or motorcycles in a condition of disuse or abandonment Improper storage of waste receptacles on the driveways Failure to notify and get proper approval from the Committee in advance of any improvement of any kind being started Failure to turn in two (2) complete sets of paperwork, permits (if applicable), sketches along with dimensions to setbacks, and details of any and all improvements. Draining of swimming pools in the streets or retention ponds that are under the jurisdiction of the St. Johns River Water Management District Deviation from the norm on paint colors for primary residence Failure to clean up after pets while walking in the neighborhood Failure to keep pets within units, fenced yard, or on a leash Unsightly dirt, mildew, or chipped paint on the residence Not maintaining yards, including flower/plant beds, in acceptable manner Doing any major automotive repairs on driveway February 2, 2010 Page 24
Dumping of waste, grass cutting, cans, bottles, etc. in the conservation area. Amount of Fines. Fines shall start at twenty-five dollars ($25.00) and not exceed one hundred dollars ($100.00) per day per violation and not to exceed a total amount of one thousand dollars ($1,000.00). Precedence Over Less Stringent Governmental Regulations. In those instances where the Covenants, Conditions, and Restrictions set forth in this Declaration set or establish minimum standards or limitations or restrictions on use in excess of Governmental Regulations, the Covenants, Conditions and Restrictions set forth in this Amended and Restated Declaration shall take precedence over the less stringent Governmental Regulations. Section 14 Exculpation Exculpation for Approval or Disapproval of Request for Improvement. The Association, any and all members of the Architectural Review Committee, and any and all Members of the Board of Directors, Members of the Association, employees and agents, shall not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other party or entity 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 Article VIII of the Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any such decision, approval, or disapproval. February 2, 2010 Page 25
Each Owner who shall submit plans, specifications, or other materials to the ARC for consent or approval pursuant the provision of aforementioned Article VIII, by the submission thereof, and each Owner by acquiring title to any Lot and any interest therein, shall be deemed to have agreed that he, she, or it shall not be entitle to and shall not bring any action, proceeding, or suit against the Association, the Board, the ARC, nor any individual Member, employee or agent thereof for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. Additionally, plans, specifications, or other materials submitted to and approved by the ARC or the Board on appeal, shall be reviewed and approved only as to their compliance with the provisions of the Declaration and their acceptability of design, style, materials, appearance, and location in light of the standards for review and approval specified in the Declaration and this Architectural Standards Manual, and shall not be reviewed or approved for their compliance with any applicable Governmental Regulations, including, without limitation, any applicable buildings or zoning laws, ordinances, rules, or regulations. By the approval of any such plans, specifications, or other materials, neither the ARC, the Board, the Association, nor any individual Member, employee or agent thereof, shall have assumed or incurred any liability or responsibility whatsoever for any violation of Governmental Regulations or 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 plans, specifications, or other materials approved pursuant to Article VIII of the Declaration. Copies of any and all plans, specifications, or other materials submitted to the ARC or the Association or the Board shall be February 2, 2010 Page 26
the property of the ARC or the Association or the Board and shall not be returned to the submitting party or any other person. February 2, 2010 Page 27