Wekiva Hunt Club Community Association










CHAPTER 7 - ANTENNAS AND SOLAR DEVICES   

7.01 ANTENNAS: 

WHEREAS, the Federal Government adopted the Telecommunications Act of 1996 (the “Act”), and 

WHEREAS, in Section 207 of the Act, the Federal Communications Commission (FCC) was directed to promulgate a rule that w3ould allow specific exterior antennas to be erected on private property. A copy of Section 207 (Section 207) is attached hereto a Exhibit “A”, and 

WHEREAS, on August 5, 1996 the FCC did adopt such a rule, which rule is designated as Section 1.4000 (Section 1.4000) and is attached hereto as Exhibit “B”, and 

WHEREAS, Section 1.4000 provides that certain exterior antennas must be allowed, but further provides that Community Associations may adopt certain reasonable restrictions regulating the same, and 

WHEREAS, as part of its rule making process the FCC released, on August 6, 1996, its REPORT AND ORDER, MEMORANDUM OPINION AND ORDER, and FURTHER NOTICE OF PROPOSED RULEMAKING, in which it discussed Section 1.4000 and put forth general standards to be followed in the adoption and enforcement of Community Association restrictions, and 

WHEREAS, the Wekiva Hunt Club Community Association, Inc. has the power to adopt such restrictions and has determined that it is in the best interest of its members to do so.

NOW THEREFORE, the Wekiva Hunt Club Community Association, Inc. hereby amends Section 7.01 of its codified rules to read as follows: 

1. PROPERTY THAT IS EFFECTED BY THIS RESTRICTION: 

This restriction shall apply to all property that is under the jurisdiction of the Wekiva Hunt Club community Association, Inc. 

2. PROHIBITED ANTENNAS: 

Except as provided below, all exterior antennas, including satellite dish antennas are prohibited. This prohibition shall specifically include those satellite dish antennas that are masked to resemble other items, such as rocks and patio furniture. 

3. PERMITTED ANTENNAS: 

Pursuant to the directives of attached Section 207 and Section 1.4000, the following exterior antennas may now be erected in Wekiva without prior approval as long as the same are erected in conformance with the restrictions outlined below: 

A. DBS antennas that are one meter (39") or less in diameter that are designed to receive direct broadcast satellite service, including direct-to-home satellite service (hereinafter “DBS Antennas”)

B. Antennas that are one meter (39") or less in diameter or diagonal measurement and are designed to receive video programming services via multichannel multipoint distribution (hereinafter “MMDS/wireless cable” antennas) which may be mounted to a mast. 

C. Antennas that are designed to receive television broadcast signals (hereinafter “TVBS antennas”) which may be mounted to a mast. 

4. WHO MAY ERECT A PERMITTED ANTENNA: 

No Permitted Antenna may be erected by anyone who does not have a direct or indirect ownership interest in and exclusive use or control of the property upon which the antenna is to be erected. 

5. RESTRICTIONS FOR PERMITTED ANTENNAS: 

Subject to the variance provisions outlined below the following restrictions shall apply to the Permitted Antennas: 

A. One DBS antenna may be erected on a lot or on a living unit if: 

i. The DBS antenna does not exceed one meter (30") in diameter; 

ii. The DBS antenna cannot be seen from the street; 

iii. The DBS antenna cannot be seen from neighboring property or living units; and 

iv. The DBS antenna is painted a color that is coordinated with the antenna’s background (e.g. if the antennas is to be attached to a structure, it must be painted the same color as the structure, if the antenna is to be placed in the yard, then it must be painted a color which will make it blend in with the background landscaping). 

B. One MMDS/wireless cable antenna may be erected on a lot or on a living unit if: 

i. The MMDS/wireless cable antenna is one meter (39") or less in diameter or diagonal measurement. 

ii. The mast upon which the MMDS/wireless cable antenna is mounted does not exceed twelve (12) feet above the roof line of the structure to which it is attached. 

C. One TVBS antenna may be erected on a lot or on a living unit if: 

i. The mast upon which the TVBS antenna is mounted does not exceed twelve (12) feet above the roof line of the structure to which it is attached.  

6. VARIANCES FROM THE RESTRICTIONS FOR PERMITTED ANTENNAS: 

Any person who is qualified to erect a Permitted Antenna may request that the above stated restrictions be altered, lessened or waived if they can demonstrate to the Association that erecting a Permitted Antenna in conformance with the restrictions impairs reception of an acceptable quality signal as defined by Section 1.4000 and the REPORT AND ORDER, MEMORANDUM OPINION AND ORDER, and FURTHER NOTICE OF PROPOSED RULEMAKING dated August 5, 1996. The Association may require reasonable proof of such claim. 

7. ENFORCEMENT OF THIS RESTRICTION: 

A. The Association may enforce subsection 2 of this restriction in any fashion permitted by law, including the imposition of fines. 

B. The Association may enforce the remaining subsections of this restriction in any fashion permitted by Section 207 and Section 1.4000, including the filing of an action in the County or Circuit Courts in and for Seminole or Orange County, as applicable. However, no fines or other penalties will accrue against any antenna user while a proceeding is pending to determine the validity of any restriction. 

7.02 ENERGY DEVICES BASED ON RENEWABLE RESOURCES: 

While the Association encourages the use of energy devices that are based on renewable resources, it must also balance that use with its responsibility to maintain an architecturally sound community. Therefore, consistent with Section 163.04, Florida Statutes, and the terms and conditions of the Declaration, the following standards shall apply: 

A. SOLAR PANELS: 

No solar panels shall be installed without the prior written approval of the Architectural Control Committee. 

The ACC may determine the specific location where solar collectors may be installed on a roof. This specifically includes a determination of the location of all solar collectors which will be installed within an orientation to the south or within 45 degrees east or west of due south. 

All solar panels must be installed flush with the roof unless to do so will have the effect of prohibiting the solar collector system. If the applicant supplies the ACC with a written statement by a solar collector expert that this restriction will have that effect, then the ACC will permit the solar collector to be raised the minimum amount as is reasonably required to allow the system to function properly. 

The color of the exposed pipes, panels and other apparatus must be approved by the ACC. Brown anodized and black are acceptable colors. 

The total number of solar panels and other apparatus installed shall not cover more than fifty (50%) percent of the roof area, unless to do so will have the effect of prohibiting the solar collector system. If the applicant supplies the ACC with a written statement by a solar collector expert that this restriction will have that effect, then the ACC will permit such additional area as is reasonably required to allow the system to function properly.

B. CLOTHESLINES: 

Even though Article VIII, Section 13 of the Declaration forbids clotheslines in Wekiva, Section 163.04, Florida Statutes bans such prohibition. Therefore, Clotheslines are permitted in all areas of Wekiva so long as the clothesline structure is located in the side or back yards and totally screened from view from the street, sidewalk easements, and from all adjoining property.  

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