DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR PALMA SOLA TRACE.
ARTICLE 15. USE RESTRICTIONS
The Property shall be used for purposes as may be permitted by the applicable governmental approvals and ordinances, and this Declaration and any amendments or Supplements hereto. Any Supplemental Declaration or additional covenants imposed on the Property within any Neighborhood by Neighborhood Documents, may impose stricter standards than those contained in this Article. The Board of Directors shall possess the standing and power and right to enforce standards imposed by Neighborhood Documents.
Such regulations and use restrictions shall be binding upon all Owners and occupants of Lots.
Section 15.1. Occupants Bound.
All provisions of the Declaration, Bylaws and of any Rules and Regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, guests, invitees and lessees of any Owner. Every Owner shall cause his or her occupants to comply with the Declaration, Bylaws, and the Rules and Regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Properties (including improvements thereto) caused by such occupants, guests, invitees and lessees, notwithstanding the fact the such occupants are fully liable and may be sanctioned for any violation of the Declaration, Bylaws, and Rules and Regulations adopted pursuant thereto.
Section 15.2. Parking and Vehicular Restrictions.
Parking in the Properties (other than in enclosed garages) shall be restricted to private automobiles and passenger-type vans, jeeps and pick-up trucks having a capacity of no more than two (2) tons, and only within the parking areas therein designed and/or designated for such purpose. This restriction is designed to prohibit parking of "commercial vehicles" (as defined below) on a Lot, unless fully enclosed in a closed garage. No Owner shall conduct repairs (except in an emergency) or restorations of any motor vehicle, or other vehicle upon any portion of the Properties, except in an enclosed area with the doors thereto closed at all times. No vehicle shall be left covered in a driveway for a period exceeding one (1) day.
No commercial vehicles, campers, mobile homes, motor homes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, house trailer or vans (other than passenger vans) shall be permitted to be parked or to be stored at any place within the Properties, except for temporary loading, unloading (for these purposes 12 hours temporary parking shall be authorized) in spaces for some or all of the above specifically designated by Declarant or the Association, if any, and in fully enclosed garages. No Owner shall keep any vehicle on the Common Areas which is deemed a nuisance by the Board. For purposes of this Section, "commercial vehicles" shall mean those which are not designed and used customarily for personal/family purposes, and those vehicles which contain commercial lettering. The absence of commercial-type lettering or graphics on a vehicle shall not be dispositive as to whether it is a commercial vehicle. The determination of the Board of Directors as to the commercial nature of a vehicle shall be binding on an Owner. The prohibitions on parking contained above in this Section shall not apply to temporary parking of commercial vehicles, such as for construction use, or providing pick-up and delivery and other commercial services, nor to any vehicles of Declarant or Merchant Builder. No parking on lawns shall be permitted.
Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions contained herein or in the Rules and Regulations may be towed by the Association at the sole expense of the owner of such vehicle, if such vehicle (i) remains in violation for a period of twenty-four (24) hours from the time a notice of violation is placed on the vehicle, or (ii) otherwise impedes use of the Common Areas for their intended purpose. The Association shall not be liable to the owner of such vehicle for trespass, conversion or otherwise, nor guilty of any criminal act, by reason of such towing and once the notice is posted, neither its removal nor failure of the owner to receive it for any other reason shall be grounds for relief of any kind. For purposes of this paragraph, ''vehicle" shall also mean campers, mobile homes, trailers, etc. By acquisition of title to a Lot, the Owner provides to the Association the irrevocable right to tow vehicles parked or within the Properties which are in violation of this Declaration. An affidavit of the person posting the aforesaid notice stating that it was properly posted shall be conclusive evidence of proper posting.
Vehicles not licensed for street use (such as by way of example, go-carts, ATV's, dirt bikes, etc.) shall not be driven within the Properties.
Section 15.3. Animals and Pets.
No animals, wildlife, livestock, reptiles or poultry of any kind shall be raised, bred or kept on any portion of the Properties, except that dogs, cats or other usual and common household pets may be permitted in reasonable number determined by the Board of Directors in its discretion (which may be different based on Lot size and/or home type), provided they are not permitted to roam the Property. All pets shall be controlled by their Owner at all times and shall be leashed when not on the Owner's Lot and within an enclosed area. Those pets which, in the sole discretion of the Association, endanger the health of, make objectionable noise, or constitute a nuisance or inconvenience to, the Owners of other Lots or the owner of any portion of the Properties shall be removed upon request of the Board within three (3) days of written request; provided, however, if the Board determines an animal is a safety hazard, the Owner shall immediately remove the animal from the Property. No pets shall be kept, bred or maintained on any Lots for commercial purposes. An Owner's household pets shall be confined on a leash no greater than fifteen (15) feet in length or carried by a responsible person at all times whenever outside the boundaries of the Owner's Lot. All persons bringing a pet onto property other than their own shall be responsible for removing any solid waste of the pet.
Section 15.4. Nuisances.
No portion of the Properties shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any portion of the Properties that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the occupants of surrounding property. No noxious, illegal or offensive activity shall be carried on upon any portion of the Properties, nor shall anything be done thereon which would be a reasonable cause of embarrassment, discomfort, annoyance or nuisance to any person using any portion of the Properties. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Properties. Except for Declarant's development activities, no outside burning of wood, leaves, trash, garbage or household refuse shall be permitted within the Properties.
Section 15.5. Hazardous Materials.
Hazardous materials shall only be stored on the Property if reasonably necessary to the maintenance of the Properties or operation of any permitted business within the Properties. All hazardous materials shall be stored, utilized and accounted for in accordance with all governmental requirements.
Section 15.6. Trash.
No rubbish, trash, garbage or other waste material shall be kept or permitted on the Properties, except in containers located in appropriate areas, if any, and in all events, such containers shall not be visible from any of the Properties, except for the minimum time necessary for its collection. If applicable, trash shall be placed curbside no earlier than dusk the day prior to collection and empty receptacles shall be removed from curbside by 11:59 P.M. on the day of collection. Trash receptacles shall be kept within enclosed garages or other DRC approved enclosure. Said restriction shall not apply to construction sites. No odor shall be permitted to arise therefrom so as to render the Properties, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No clothing or household fabrics shall be hung, dried or aired in a manner which is visible from Common Areas or other Lots, and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk material or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Properties.
Section 15.7. Unsightly or Un-kept Conditions.
It shall be the responsibility of each Owner of a Lot to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot.
Section 15.8. Outside Installations.
Section 15.8.1. Common Areas. No exterior antennas, aerials, satellite dishes or other apparatus for the reception or transmission of television, radio or other signals of any kind shall be placed, allowed or maintained upon the exterior of any Lot or Common Area, except in compliance with any standards imposed by the Design Review Manual and subject to compliance with the Rules and Regulations of the Association. Declarant and/or the Association shall have the right, without obligation, to erect an aerial, satellite dish or other apparatus for a master antenna or cable system for the benefit of all or a portion of the Properties, should any such master system or systems be utilized and require any such exterior apparatus. No radio station or shortwave operations of any kind shall operate from any Common Areas.
Section 15.8.2. Lots. No radio station or shortwave operations of any kind shall operate from any Lot. As provided under applicable federal law, certain antennae, aerials, satellite dishes and other reception apparatus may be installed on an Owner's Lot without architectural approval by the DRC, provided, the Association may require:
Section 188.8.131.52 to the extent feasible, that any such improvements be in a location on such Lot which is not visible from the street;
Section 184.108.40.206 that any such improvements be relocated or screened for safety reasons; or,
Section 220.127.116.11 that any such improvements be relocated or painted to maintain the aesthetic appearance of the Property. Provided, however, unless required for safety reasons, any such relocation or screening of such improvements shall not unreasonably delay or prevent the use thereof, unreasonably increase the cost thereof, or preclude the Owner of the Lot from receiving an acceptable quality signal therefrom. Owners are encouraged to review a proposed installation with the DRC prior to the start of installation.
Section 15.9. Subdivision of Lot and Time Sharing.
No Lot shall be subdivided or its boundary lines changed, except with the prior written approval of the Board of Directors of the Association. The Board may permit a division in ownership of any Lot intended for a single family, detached residence as shown on a Plat, but solely for the purpose of increasing the size of the adjacent Lots. Except as may otherwise be provided by Supplemental Declaration, in the event of a division in ownership of any Lot, the Owners among whom the ownership is divided shall be treated as co-owners of the divided Lot for purposes of voting and shall be jointly and severally liable for all Assessments against the Lot hereunder. Declarant hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Notwithstanding anything to the contrary in this Section, if Declarant subdivides and replats any Lot or Lots, voting rights and Assessment obligations as to such Lots shall be recalculated to the number of Lot(s) existing after such replat. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations.
No Lot shall be made subject to any type of timeshare program, interval ownership, vacation club or similar program whereby the right to exclusive use of the Lot rotates among multiple owners or members of the program on a fixed, or floating, time schedule over a period of years. This Section shall not prohibit ownership of a Lot intended for residential use by up to two (2) joint tenants or tenants-in-common, nor shall it prohibit ownership by an owner who is not a natural person. Notwithstanding anything to the contrary herein contained, Declarant shall specifically be exempt from any timeshare or interval ownership development restrictions imposed by this Declaration.
Section 15.10. Weapons.
The use and discharge of weapons within the Properties is prohibited. The term ''weapons" includes bows and arrows, slingshots, "B-B" guns, pellet guns, paint ball guns, and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained herein or in the Bylaws, the Association shall not be obligated to take any action to enforce this Section.
Section 15.11. Irrigation.
No sprinkler or irrigation systems of any type which draws upon water from creeks, streams, rivers, lakes, ponds, wetlands, canals or other ground orsurface waters within the Properties shall be installed, constructed or operated within the Properties by any Person, with the exception of the Association who may draw water from the lakes for purposes of irrigation of Common Areas. Irrigation wells are prohibited for Lots. The source of irrigation water for the Lots will be non-potable water received from Manatee County Utilities. In accordance with Article 22, each Owner shall be required to install and maintain an underground sprinkler system on a Lot, which shall be installed as part of the original construction of the Owner's home. Irrigation systems for each Owner's Lot shall be installed and maintained in accordance with Article 22. Pursuant to a Neighborhood Supplement, the Association or Neighborhood Associations may maintain the underground sprinkler system on a Lot as part of its landscape maintenance to the Lots.
Section 15.12. Tents, Trailers and Temporary Structures.
Except as may be permitted by the Board of Directors, no tent, utility shed, shack, trailer, outbuilding, basement or other structure of a temporary nature shall be placed upon any Lot.
Section 15.13. Insurance Rates.
Nothing shall be done or kept in the Common Area which will increase the rate of insurance on any property insured by the Association without the approval of the Board, nor shall anything be done or kept on any Lot or the Common Areas which would result in the cancellation of insurance on any Property insured by the Association or which would be in violation of any law.
Section 15.14. Sight Distance at Intersections.
All property located at street intersections shall be landscaped so as to permit clear sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem, as the same is determined by the Board of Directors.
Section 15.15. Utility Lines.
No overhead utility lines, including, without limitation, lines for electric, telephone and cable television, shall be permitted within the Properties, except for temporary lines as required during construction and lines within the Property as the same exist on the date hereof.
Section 15.16. Wetlands. Lakes and Water Bodies.
All lakes, ponds and streams within the Properties, if any, shall be designated as aesthetic amenities only. No swimming, boating, playing, fishing or use of personal flotation devices, shall be permitted, unless specifically authorized by the owner of the lakes, ponds and streams. One (1) or more areas within the Properties may be designated as a conservation or preservation tract or buffer area, or may otherwise be subjected to a conservation easement for the purposes of protection of wetlands, protected and endangered species and valuable habitat. Use of such protected areas is restricted and may be used only as use is permitted by owner of such property. The Association shall not be responsible for any loss, damage or injury to any Person or property arising out of the authorized or unauthorized use or lakes, ponds or streams within the Properties.
Section 15.17. Recreational Facilities.
Any pool, playground, or other recreation areas furnished by the Association, any Neighborhood Association, the CDD, or erected within the Properties, shall be used at the risk of the user, and neither Declarant, Association nor any Neighborhood Association, nor the CDD, shall be held liable to any Person for any claim, damage or injury occurring thereon or related to use thereof. Each Owner agrees to indemnify, defend and hold harmless the Association, any Neighborhood Association, Declarant their respective partners, shareholders, directors, officers, employees and agents for any claims, demands, losses, costs, fees and expenses related to, or in any way pertaining to, use of anyrecreational facilities furnished by Declarant, the Association or Neighborhood Association or the COD by the Owner, his family members, guests, lessees and invitees. Prior to Turnover, Declarant and its affiliates have the right to schedule and hold marketing, promotional and other events using the recreational facilities within the Property (including the Clubhouse defined herein). Both before and after the Turnover, Declarant and its affiliates further have the right to promote the Palma Sola Trace in advertisements, promotional materials and other promotional media by making reference to the recreational facilities, including use of photographs of the recreational facilities (including the Clubhouse) and activities taking place there. During such promotional events, Owner, his family members, guests, lessees and invitees may not be permitted full use of the facilities.
Section 15.18. Business Use.
No trade or business may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) the business activity conforms to all governmental requirements; (c) the business activity does not involve persons coming onto the residential properties who do not reside in the Properties or door-to-door solicitation of residents of the Properties; and (d) the business activity is consistent with the residential character of Lot and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board.
The terms "business" and "trade," as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family, and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Lot shall not be considered a trade or business within the meaning of this Section.
Section 15.19. Leasing of Lots.
Section 15.19.1. Definition. "Leasing," for purposes of this Declaration, is defined as regular, exclusive occupancy of a Lot by any person or persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity or emolument.
Section 15.19.2. Leasing Provisions. Lots may be rented only in their entirety; no fraction or portion may be rented. There shall be no subleasing of Lots or assignment of leases unless prior written approval is obtained from the Board of Directors. All leases shall be in writing except with the prior written consent of the Board of Directors. Except as otherwise required by law, the tenants must be the lessee and his/her family within the first degree of relationship by blood, adoption or marriage. The minimum lease term for any Lot within the Properties is one (1) year. The terms and restrictions on leasing of Lots within a Neighborhood may be further restricted as provided in a Supplemental Declaration for a Neighborhood or the Neighborhood Documents.
Section 15.20. Septic Tanks.
Septic tanks are not permitted on any portion of the property, except for sales centers and construction offices.
Section 15.21. Wells and Drainage.
No private water system shall be constructed on any Lot. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person other than Declarant, the Association, or the COD may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for itself, the COD and the Association a perpetual easement across the Properties for the purpose of altering drainage and water flow, provided the same shall not unreasonably interfere with an Owner's use of the Property.
Section 15.22. Completion and Sale of Homes.
No person shall interfere with the completion and sale of homes within the Properties. WITHOUT LIMITING THE FOREGOING, EACH OWNER, BY ACCEPTANCE OF A DEED, AGREES THAT PICKETING AND POSTING OF SIGNS DEEMED BY THE BOARD OF DIRECTORS TO BE OFFENSIVE OR NOT IN THE BEST INTERESTS OF THE DEVELOPMENT, SALE AND ENJOYMENT OF PALMA SOLA TRACE ARE STRICTLY PROHIBITED AND, UPON NOTICE, SUCH SIGNS SHALL BE PROMPTLY REMOVED. UPON NOTICE, THE ASSOCIATION HAS THE RIGHT TO REMOVE OFFENSIVE SIGNS, EVEN IF ON PRIVATE PROPERTY, THE EXERCISE OF WHICH SHALL NOT BE DEEMED A TRESPASS.
Section 15.23. Children's Use of Common Areas.
Children below the age established by the uniform Rules and Regulations shall not be permitted to use the Common Area except under the supervision of an individual occupant over the age established by the uniform Rules and Regulations. Parents shall be responsible for all actions of their minor children at all times in and about the Property.
Section 15.24. Approval by DRC.
The following use restrictions are restrictions that permit or prohibit certain conduct or uses and require certain permitted uses to be approved by the DRC in accordance with ARTICLE 14. The following restrictions are illustrative only and shall in no event be deemed a comprehensive list of items subject to approval in accordance with ARTICLE 14.
Section 15.25. Signs.
No sign, billboard or advertisement of any kind, including, without limitation, those of realtors, contractors, subcontractors and "For Sale," shall be erected within the Properties without the written consent of the DRC, except as may be required by legal proceedings or applicable law, and except signs, regardless of size, used by Declarant, its successor and assigns, and replacement of such signs (similar or otherwise). The DRC will establish criteria for the size, color, lettering, height, material and location of the sign. Except for Declarant, under no circumstances shall signs, flags, banners or similar items advertising or providing directional information with respect to activities being conducted outside the Properties be permitted within the Properties. No sign shall be nailed or otherwise attached to trees.
Section 15.26. Driveways, Walkways and Mailboxes.
All driveways, walkways, and mailboxes shall be maintained in the style and color originally established or approved in accordance with ARTICLE 14. The DRC may, in its discretion, adopt a uniform style and color for mailboxes within the Property or any Neighborhood.
Section 15.27. Pools.
No above-ground pools shall be erected, constructed or installed on any Lot, except that above-ground pools which are integrated within the construction of a building or decking around the building, and above-ground spas or jacuzzis may be permitted, if approved in accordance with ARTICLE 14.
Section 15.28. Air Conditioning Units.
No air conditioning units, other than the unit(s) as initially installed, may be located on a Lot, except with approval of the DRC. All air conditioning units shall be placed at the side or rear of a Lot and shall be screened from view of Common Property and adjacent Lots.
Section 15.29. Lighting.
All exterior lights must be approved in accordance with
ARTICLE 14, with the exception of seasonal Christmas or holiday decorative lights, which may only be displayed between Thanksgiving and January 10th and are not permitted to remain fixed on the Property outside of these dates designated for display.
Section 15.30. Exterior Sculptures and Similar Items; Flags; Artificial Vegetation.
All exterior sculpture, fountains, flags and similar items must be approved in accordance with ARTICLE 14; provided, however, that nothing herein shall prohibit the appropriate display of the American Flag or official flag of the State of Florida, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day the appropriate display of the official flags, not larger than 4 1/2 feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, in a respectful manner in accordance with the applicable Florida and Federal laws. Artificial, non-living vegetation is not allowed.
Section 15.31. Energy Conservation Equipment.
No solar energy collector panels, or attendant hardware or other energy conservation equipment shall be constructed or installed on any Lot, unless it is an integral and harmonious part of the architectural design of a structure and is approved in accordance with ARTICLE 14.
Section 15.32. Fences.
No dog runs, animal pens or fences of any kind shall be permitted on any Lot, except as approved in accordance with ARTICLE 14.
Section 15.33. On-Site Fuel Storage.
No on-site storage of gasoline or other fuels shall be permitted on any Lot, except that up to five (5) gallons of fuel may be stored on each Lot for emergency purposes and operation of lawn mowers and similar tools or equipment. Propane tanks normally associated with outdoor barbecue grills are permitted above-ground and underground propane tanks for pools are permitted subject to DRC approval. This Section shall not apply to Declarant or its designee who may, but shall not be required to, provide an underground gas distribution system to service Lots. This restriction is designed to reduce environmental risks associated with fuel storage and to minimize the hazards associated with on-site fuel storage.
Section 15.34. Play Equipment. Etc.
All bicycles, tricycles, scooters, skateboards and other play equipment, wading pools, baby strollers and similar items shall be stored so as not to be visible from streets or property adjacent to a Lot. No such items shall be allowed to remain on the Common Area or on Lots so as to be visible from adjacent property when not in use. All swing sets, basketball hoops, backboards and similar sporting or playground equipment may be erected or placed on Lots, subject to the approvals required in ARTICLE 14, and subject to limitations contained in the Design Review Manual.
Section 15.35. Window Coverings.
All windows on any structure which are visible from the street or dwellings on other Lots shall have interior window coverings which have a white or off-white backing, natural wood grain shutters, or blend with the exterior color of the dwelling, as approved pursuant to ARTICLE 14. Reflective window coverings are prohibited. No awnings, canopies or shutters shall be permanently installed on the exterior of any building, unless first approved in accordance with ARTICLE 14. Temporary storm shutters are permitted but aresubject to the limitations contained in the Design Review Manual. Permanent storm shutters are permitted only when incorporated into the design of the home and approved by the DRC.
Section 15.36. Pool Enclosures.
Screened pool enclosures shall comply with the Design Review Manual. Screen enclosures shall be integrated within the principal structure and shall be subject to design and approval of appearance (color, style, etc.) by the DRC, which may differ by Neighborhood.
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