The purpose of this Code is to compile and restate all rules and regulations which have been adopted by the Board of Directors and the Architectural Control Committee of the Wekiva Hunt Club Community Association, Inc.  The rules and regulations are categorically set forth in this Code by chapter and are identified by section numbers.

The authority for the adoption of this codification of rules and regulations is found in Article VIII, Section 22, of the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, the Articles of Incorporation and Bylaws for the Wekiva Hunt Club Community Association, Inc., and the general powers provided the Association in the above referenced Declaration.

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2.01  ACC -  The term "ACC" when used in this Code means the Architectural Control Committee of the Wekiva Hunt Club Community Association, Inc.

2.02  ASSOCIATION -  The term "Association" when used in this Code, unless specified otherwise, means the Wekiva Hunt Club Community Association, Inc.

2.03  BOARD -  The term "Board" when used in this Code, unless specified otherwise, means the Board of Directors of the Wekiva Hunt Club Community Association, Inc.

2.04  DECLARATION - The term "Declaration" when used in this Code, unless specified otherwise, means the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club and all amendments and supplements thereto, a listing of which is found in  Appendix "A" to this Code.

2.05  DIRECTOR -  The term "Director" when used in this Code, unless specified otherwise, means a member of the Board of Directors of the Wekiva Hunt Club Community Association, Inc.

2.06  MANAGEMENT COMPANY -  The term "Management Company" when used in this Code means the management company currently under contract with the Association to perform management services. 

2.07  WEKIVA -  The term "Wekiva" when used in this Code, unless specified otherwise, means the property described in Appendix "B" to this Code.

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3.01 LANDSCAPING REQUIREMENTS:  STATEMENT OF INTENT AND PURPOSE

The Association finds that proper and well maintained landscaping is an indispensable design element at Wekiva and further finds that the preservation of existing vegetation along with the introduction of plants native and/or common to Central Florida should be considered in establishing and maintaining such landscape design.

Wekiva understands, however, that water restrictions have become a common occurrence in Central Florida and is sensitive to the need to conserve water.   Therefore, the Association will look with favor on landscape plans and designs that utilize “Florida Friendly Lawn” standards as established by Florida Law from time to time.   

“Florida Friendly Lawns” means quality landscapes that conserve water and protect the environment.  They are adaptable to local conditions and are drought tolerant.  A landscape method that maximizes the conservation of water by the use of site appropriate plants and efficient watering systems.  The principles of Florida Friendly Lawns include planning and design, appropriate plant selection, practical turf areas, efficient irrigation, appropriate use of mulches and proper maintenance.

That being said the Association specifically declares that “Florida Friendly Lawn” plans and designs are not plans and designs that resemble desert landscapes, but instead are plans and designs that reflect the lush traditional appearance of Florida gardens. 

3.02   LANDSCAPING REQUIREMENTS:  TURF GRASS STANDARDS

The front, side and rear yards of all residential lots (Lots) in Wekiva shall be covered with turf grass and/or “Florida Friendly Landscaping” excepting only paved areas, patios, shrubbery and flower beds. 

Florida Friendly turf grasses such as Bahia, St. Augustine, Bermuda, Centipede and Zoysia are acceptable.

No landscaping plan will be required if more than fifty (50%) percent of each of the front, side and rear yards of a Lot will be or are covered in turf grass. If however, less than fifty (50%) percent of each of the front, side and rear yards of a Lot will be or are covered in turf grass, approval of the landscape plan will be required.  Applications shall be submitted to and all reviews shall be performed by the Board of Directors or by the Architectural Control Committee, at the direction of the Board.  All reviews shall consider the statements made in Section 3.1 above.

3.02.01 COUNTY RIGHT OF WAYS - Where sidewalks exist, there is a section of ground between the curb ( or edge of paving if not curbing) and edge of sidewalk that is part of the Seminole or Orange County road right of way.  All owners are responsible for maintaining this area.  No alterations to this area can be made without proper written approval of the ACC. Only approved grasses will be permitted in this area.  Small plants, which are less than three (3) feet in height at maturity, can be planted around mailboxes, not to exceed nine (9) square feet and will also require approval by ACC.

3.03  LANDSCAPING REQUIREMENTS:  MAINTENANCE STANDARDS 

All lawns (areas planted with grass) shall be maintained in a neat and attractive condition.  Minimum maintenance requirements include watering, fertilizing, mowing, edging, pruning, removal and replacement of dead or dying plants, removal of weeds and noxious grasses and removal of trash.  In addition:

>  Grass may be no higher than 6"

>  Grass at edges may be no more than 6" from the paved edge.

>  Grass shall be kept neatly trimmed around all stationary objects. 

Lawns that have bare ground, sparse grass growth, dead or dying areas must be restored or replaced to eliminate the bare ground, sparse growth area or dead or dying areas.

3.04  LANDSCAPING -  Shrubbery shall be trimmed and pruned so that they are neat in appearance with no limbs or branches extending more than three (3) feet from the main body of the plant or exceeding six (6) feet above the ground.

3.05  FLOWER BEDS -  Flower beds shall be maintained in a neat and manicured manner and all dead plants must be removed.

3.06  COMPOST PILES -  Yard clippings and trimmings (including tree clippings) may not be allowed to accumulate on the lot or in any easement thereof unless done in an approved manner located in an approved area.

3.07  TRASH -  All lots must be kept clean of trash, debris, garbage, waste and refuse at all times except for the depositing of trash for pickup by a County approved garbage pickup service.  No one, however, may deposit such items for pickup earlier than dusk the day prior to the designated pickup time and must remove any pickup receptacle prior to daybreak the morning after the pickup has occurred.

3.08  BIKE PATH AREAS -  In addition to the requirements contained in section 3.05 above,  all “bike path” easement areas and all improvements and landscaping contained therein must be continuously maintained by the owner of the lot upon which the easements exist as follows:

     A.  Paved Areas: The pavement must be maintained so that no cracks, holes, breaks, elevations or other defects exist and must be repaired or replaced by the owner,  when, in the opinion of the Association, it is necessary to do so to bring the pavement back to a level, safe and defect free condition.   Any such repair or replacement must be made with the same type of materials that are presently in use (e.g. concrete replaced with concrete) which materials must be of a quality acceptable to the Association.  In addition, the pavement area must, at all times, be kept free of all obstructions of any kind, be free of trash and debris, be maintained in a condition that is free of dirt buildup, grease, oil,  algae, fungus, mold and/or other natural or man made substances, matter or organisms that may cause the pavement to be slippery. 

          1. Wekiva Sidewalk Repair Standards 

Below are requirements for maintenance of sidewalk concrete.

Vertical Displacement of Sidewalk

All vertical displacement must be repaired, either by scarifying (grinding -Figure 2) or placing a cement bridge to smooth out the vertical rise (Figure 1).  Scarifying and cement bridges must have a minimum slope of 12H:1V (hence grinding a 1” step would create a 12” ramp). See Figure 1. Please note that the cement bridge patch is normally not a long-term fix versus the scarifying.

If the cause of heaving of the sidewalk is ongoing, such as due to an existing tree, grinding is only a temporary repair.  A long-term repair can only be completed if (Figure 2) the roots beneath the slab are trimmed or removed to halt the heaving.  If present, roots beneath the slab shall be removed to a minimum depth of 12”.

Horizontal Displacement of Sidewalk 

Gaps or cracks in the sidewalk less than ½” may not need repairs.  Where there are gaps or cracks greater than ½” wide, the slab will need repairs which consist of placing cement or joint compound within the gap and getting a final flat surface.  If the sidewalk has been uplifted or has settled so that it becomes sloped or warped or where there is compound warping it will require full replacement of the slab after the reason for displacement is resolved (tree roots, drainage problems, etc.)

Sidewalk Construction Standards 

• The slab shall be a minimum of 4” thick, made of concrete 2000 psi or stronger.  All driveways shall be 6” thick.

• The sidewalk width shall match the existing sidewalk in the area, with score marks no further than 5 feet apart.  The surface finish shall match the existing sidewalk in the area.  

• Sidewalk workmanship shall match a professional company finish.

• Reinforcing steel is suggested but not required in sidewalks.

Base aggregate or sand is not required beneath sidewalks, but the native earth must be compacted to 95% relative density before the concrete is poured.

     B.  Non-Paved Areas: The non-paved areas of the subject easements shall be covered with grass and other approved plant materials which must be mowed, edged, weeded, raked, trimmed, pruned, treated, watered and fertilized such that the area will be neat and manicured in appearance.  All such plant material must be maintained as elsewhere provided for in this Chapter.  Nothing shall ever be placed in the non-paved areas of any easements at any time, if, in the sole and exclusive opinion of the Association, it creates a nuisance or creates a hazard to persons utilizing the bike path easements.

     C.  “Clear Areas”: Notwithstanding the above, at least a six (6) inch  “clear area” must be maintained on either side of the pavement, in which no plant material (except grass) or other items, things or improvements will be permitted to exist.  If any trees shrubbery or other plant material overhang the pavement, they must be trimmed to a height of at least seven (7) feet above the pavement to allow free passage by persons walking or riding on the paved areas. 

3.09  FENCES & WALLS - See Chapter 6 of this Code.

3.10  BASKETBALL GOALS - See Chapter 10 this Code.

3.11  UTILITY SHEDS - See Chapter 9 of this Code.

3.12  ABOVE-GROUND POOLS - See Chapter 20 of this Code.

3.13  DEAD TREES - When a tree is dead, it must be removed.

3.14 VEGETABLES AND FRUITS: - No vegetable or fruit may be grown in the front yards of any Lot.  In addition, no vegetable or fruit may be grown anywhere else on a Lot unless the same is screened so that it may not be seen by a six (6) foot tall person standing on the right-of-ways adjacent to the Lot or standing on the ground anywhere on a neighboring Lot.  For purposes of the rule, the term “fruit” shall not include fruit which is grown on trees, such as citrus, apples, avocados, peaches, etc. and the term “vegetable” shall not include plants which are used as decorative groundcover such as but not limited to ornamental cabbage.

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4.01  GENERAL -  Except for organized holiday fireworks displays sponsored by the Association, the presence, use, detonation or discharge of fireworks, firearms, or any projectile on or within the common areas or parks of Wekiva is strictly prohibited.

No individual, other than a Federal, State, or county law enforcement official, or authorized Wekiva Security personnel, may carry or otherwise maintain a visible or concealed firearm on or within the common areas.

4.02  FIREWORKS DEFINED -  The term "fireworks" means and includes any explosive composition or substance or any article prepared for the purpose of producing a visible or audible effect by combustion, explosions, deflagration, or detonation, including, but not limited to, the use of firecrackers, torpedoes, sky rockets, roman candles, or any fireworks containing any explosives or chemical compound.

4.03  FIREARMS DEFINED -  The term "firearms" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by explosive action or any similar such weapon.

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5.01  LOCATION OF EASEMENTS - Easements for installation and maintenance of utilities and drainage facilities and easements for sidewalks are reserved as shown on the recorded Wekiva plats and as specifically provided for in the individual Wekiva Declarations.

5.02  ENCROACHMENTS INTO EASEMENTS/GENERALLY - Within all easements no structures, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements or which may interfere with the construction or use of sidewalks or associated facilities.

5.03  ENCROACHMENTS INTO EASEMENTS/SPECIFICALLY - 

A.  FENCES, WALLS – Fences and walls shall be permitted in sidewalk and utility easements provided that prior written approval by the ACC is required and further provided, that any fence or wall placed in the easement area may need to be removed and replaced by the homeowners at homeowners expenses whenever utility companies, Wekiva HOA, or the County Public Authority require access to maintain, repair or replace any of their equipment or improvements located in the easement area or when the fence or wall interferes with the drainage in the easement area.

B.  POOLS - No pool, pool deck material, or pool enclosure shall be permitted within any easement located within Wekiva.  The Architectural Control Committee shall deny any application which is filed for such construction.

C.  OTHER IMPROVEMENTS - Other improvements, including but not limited to utility sheds, concrete slabs, pads, play structures or gazebos shall be permitted within any easement in Wekiva provided that prior written approval is obtained from ACC and further provided that any improvements placed in the easement area may need to be removed and replaced by the homeowners at the homeowners expense whenever utility companies, Wekiva HOA, or the County Public Authority requires access to maintain, repair or replace any of their equipment or improvements located in the easement area or when the improvements interfere with the drainage in the easement area.  

5.04  VARIANCE - Any lot owner shall have the right to request the Board for a variance from the prohibitions provided for in Section 5.03 above.  Any such variance shall be as provided for in Chapter 16 of this Code.

5.05  MAINTENANCE OF EASEMENT AREAS/GENERALLY - The easement areas of each lot and all improvements in them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible or those grass areas over utility easements or those common areas to be maintained by the Association.

5.06  MAINTENANCE OF EASEMENT AREAS/SPECIFICALLY - 

A.  FENCES & WALLS - All fences and walls located in easement areas must be maintained by the owner of the lot upon which they are located in the same fashion and to the same standard as is provided for in these Codified Rules.

B.  BIKE PATH AND SIDEWALK EASEMENT AREAS - Except as provided for in subsection “C” below, Bike path and sidewalk easements which are located on individual lots must be maintained in the same fashion and to the same standard as is provided for in Chapter 3 of this Code.

C.  SIDEWALK IN WEKIVA HILLS, SECTION NINE - Notwithstanding subsection “B” above, the Association will maintain, repair and replace that portion of the sidewalk located in Wekiva Hills, Section Nine, identified on the Sidewalk Easement attached hereto as Exhibit “A.”   Notwithstanding this statement, no owners of lots on which such sidewalks are located may remove, alter or damage in any manner any such sidewalks and must maintain the said sidewalk against physical damage. 

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6.01  GENERAL - All fence and wall installations, alterations, additions and removals shall require the prior written approval of the Architectural Control Committee.

6.02  APPLICATION - Application forms can be obtained from the management company or wekiva.net and when completed shall be submitted to the Architectural Control Committee through the management company. Applicants may be required to submit additional information with their application or take additional action as prescribed by Chapter 16 herein, if applicable.

6.03  REVIEW - All applications shall be reviewed by the Architectural Control Committee and upon such review, the application will be either (a) approved, (b) disapproved, or (c) referred to the Board of Directors for the Board's consideration.

6.04 TYPES AND REQUIREMENTS - 

FENCES:

Only vertical or horizontal wood, split rail, wrought or cast metal ornamental type and PVC fences are permitted in Wekiva.  The following requirements shall apply:

1.  Wood Fences:  Vertical or horizontal wood and split rail fences will be permitted in all areas of Wekiva.  If vertical or horizontal wood fences are utilized then, in addition to the general provisions contained in Section 6.05 below, the following conditions apply:

     A.  Good Side Out:  All fences must be installed with only the "finished" side visible from outside the lot and the "rough" or "unfinished" side facing the residence.

     B.  Color:  All wood fences must either remain natural or be stained or varnished to retain the appearance of a wood fence.

     C.  Top of Fences: Wood fences may have pointed tops so long as the top of each slat has a flat area that is no less than one inch in width.  An example of an acceptable slat is reflected on attached Appendix "6b".  

2.  PVC Fences:   As an alternative to the Wood Fences allowed in subparagraph 1 above, PVC fences will be permitted in all areas of Wekiva, subject to the following described conditions:

     A.  Type and Material:  All such fences must be made of solid wall single extrusion PVC material of at least schedule forty (40) thickness.  The Architectural Control Committee reserves the right to require that samples PVC material, along with technical data supplied by the manufacturer, be furnished to it before a final decision is made.

     B.  Style:  All such fences must be similar in style to the vertical or horizontal wood fences that are otherwise allowed in Wekiva.  The Architectural Control Committee shall be the final arbiter of whether the style is similar, subject to appeal to the Board as provided for in Paragraph 6.03 above.

     C.  Good Side Out:  PVC fences shall be installed (if applicable) with the supporting posts on the inside of the fence to give the effect of having the "good side out" and having the "bad side” facing the applicants home.

     D.  Color:  The PVC fences shall either be colored to resemble wood, or off white.  The color of all PVC fences shall be "color through".  The color may not be painted on or be a veneer.

     E.  Top of Fences: PVC fences may have pointed tops so long as the top of each slat has a flat area that is no less than one inch in width.  An example of an acceptable slat is reflected on attached Appendix “6B”.  

     F.  Other Conditions:  In all other matters, the PVC fences will be subject to those general conditions contained in Section 6.05 below that are not inconsistent herewith. 

3.  Metal Ornamental Fences:  Metal ornamental fences are permitted subject to the prior written approval of the Architectural Control Committee.

     A.  Type, Material and Style:  All such fences must be made of metal.  All such fences must be ornamental in style and must be designed with vertical pickets.  Attached to this rule as Appendix  “6C” are examples of the general style of fences that may be approved by the Association subject to the other provisions required below.

     B.  Size of Pickets:  The pickets of the fence must be at least 5/8" by 5/8" in size.

     C.  Top of Fences:  All such fences must have flat top rails and no such fences may have pickets with spike-like or other sharp tops.

     D.  Color:  Metal fence colors must be approved in writing by the Architectural Control Committee.  Colors that will typically be approved are black, white, or off white which are typical metal fence coating colors.

     E.  Exemptions:  The above restrictions shall not apply to existing wrought metal ornamental fences located on common areas owned by the master association or any sub-association located in Wekiva or to any replacements thereof.

WALLS:

1.  Board Approval Required:   It is understood that periodically it is appropriate to allow solid walls in place of the permitted fences addressed above.  However, walls will only be permitted if the Board, after reviewing all relevant facts, determines that it is the Association’s best interest to permit the same.  As part of this review process, the Board may require the applicant to obtain and submit written instruments signed by the owners of the adjoining lots approving such walls, however, the final determination will rest with the Board. 

2.  Materials:  All approved walls must be constructed of solid materials such as concrete block or brick, the color and style of which must be approved in writing by the Board. 

3.  Color and Coating:  All walls must be brick or covered in stucco.  Brick walls are to remain their natural brick color.  Stucco must be painted, and paint colors must be approved in writing by the Architectural Control Committee.

4.  Other Conditions:  In all other matters, the walls will be subject to those general conditions contained in Section 6.05 below that are not inconsistent herewith. 

6.05  GENERAL PROVISIONS FOR FENCES AND WALLS - In addition to the above, the following general provisions shall apply to all fences and walls:

1.  Height:  No fence or wall shall exceed six (6) feet in height from the ground as measured at any point along the fence or wall.

2.  Trees:  No tree(s) shall be removed to accommodate a fence or wall without prior disclosure to, and written approval of, the Architectural Control Committee. (See also Chapter 18)

3.  Lot Lines:  No fence or wall shall be installed outside of the lot line.

4.  Fence Locations:  All fences must be a minimum of three (3) feet from house side edge of trail sidewalks.  All fences located along county roadways must be a minimum of twenty (20) feet from edge of road right of way, which is normally edge of sidewalk, or curbing if no sidewalks are in place.  All fencing must have county permitting whether new or replacement. 

5.  Fences Located Within Easements:  All fences constructed on any easement, such as Sidewalk and Utility Easements must be removed and replaced at homeowners’ expense if utility designees, such as utilities or Wekiva Homeowners Association, ever require access to same.  Fence approvals by the Architectural Control Committee or Variances granted by the Board  of Directors do not negate this rule.

6.  Swimming Pool Fencing: All swimming pool fencing must comply with Florida Statues.

7.  Access Rights: All fences and walls shall provide access to easements with an opening or gate(s).

8.  Connection to Other Fences and Walls:  All fence and wall installations shall, to the extent possible, be connected to fences and walls on adjoining lots.  Written approval of the owner of the adjacent fence and wall may be required by the Architectural Control Committee. 

9.  Front Yard Fences and Walls: Unless a variance is obtained as provided for in Chapter 16 of these codified rules no fence or wall shall extend beyond the front elevation(s) of a house located on a lot in Wekiva.  For purposes of this rule, a house may have a single front elevation if it is square or rectangular in shape or it may have multiple front elevations if the house is other than square or rectangular in shape (i.e. "L" shape).  If a house is something other than square or rectangular in shape, then the fence or wall on each side of the house may not extend beyond the front elevation of that portion of the house which is closest to, and parallel to, the fence located on that side of the house.  For an example of the result of this rule, see the diagram attached as Appendix "6A".  For corner lots, the front of the house shall be the side of the house where the main, formal, entrance into the house is located.

10.  Fence to Brick Wall Taper:  All fencing installed on a lot that abuts an Association owned brick wall must slope 30 degrees from the top of the fence to the point where the fence touches the brick wall.  Attached to this rule is Appendix “6E” an example of the 30” taper to brick wall.

11.  Professional Installation: All new or replacement fencing must be professionally installed by a licensed fence contractor OR must meet a professional fence contractor installation specifications if installed by homeowner, i.e. level top to fence (even with sloping ground), 90 degree vertical to ground, proper size posts, fence sections, and fasteners and with no offsets on uneven or sloping ground unless approved by the Architectural Control Committee.  Seminole County permits and ACC approval are still required by homeowner.

6.06 REMOVAL – No existing fence or wall shall be removed without the prior approval of the Architectural Control Committee.  Such approval shall only be given if the removal of the existing fence or wall is necessary to the reasonable use and enjoyment of the real property and if the Declaration allows for such removal ( e.i., Article VIII, Section 10 of the Supplemental Declaration for Wekiva Club Estates, Section One).  Notwithstanding the above, upon prior written approval of the Architectural Control Committee, fences and walls may be temporarily removed to provide access for construction equipment, utility vehicles, etc.

6.07 MAINTENANCE, REPAIR AND REPLACEMENT OF FENCES AND WALLS - Due to the various provisions and documents that apply to the maintenance, repair and replacement of fences and walls located in Wekiva, this subject is addressed as follows:

A.  GENERAL RULES FOR FENCE AND WALL MAINTENANCE, REPAIR AND REPLACEMENT

Except as provided for in subsections B and C below, all fences and walls shall be maintained on a consistent basis by each lot owner to the standard set by the Board of Directors from time to time.  In the event that any fence or wall becomes deteriorated beyond repair, the lot owner must replace the fence or wall, subject to the prior written approval of the Architectural Control Committee, unless the removal of the same is approved as provided for in Section 6.06 above.  (See Article VII, Section, Article VIII, Section 6 and Article VIII, Section 11 of the Declaration)

B.  BRICK WALLS WHERE EASEMENTS HAVE BEEN GRANTED TO ASSOCIATION

Certain portions of the brick walls located in Wekiva are subject to “wall easements” that were granted by the Wekiva Developer to the Association.  Those walls are reflected on Appendix “6D” attached hereto.  The Association will maintain, repair and replace those brick walls reflected on that Appendix “6D”.   Notwithstanding this statement, no owners of lots on which such walls are located may remove, alter or damage in any manner any such brick walls and must maintain the said brick walls against physical damage. 

C.  BRICK WALLS LOCATED ON ASSOCIATION PROPERTY  

Brick walls located on property owned by the Association will be the maintained, repaired and replaced by the Association. 

D.  IMPACT OF THE CAUSE OF DAMAGE

Notwithstanding the above maintenance, repair and replacement obligations, if a fence or wall is damaged by the negligence of someone else (including the Association), the damaging party shall be liable to pay for the repair of such damage.

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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 would 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.

05/13/91

11/09/92

01/16/95

10/12/96

8.01  PROHIBITED VEHICLES -  The parking of the following types of vehicles is strictly prohibited at anytime on lots, driveways, or any streets (public or private) within Wekiva:

     (1)  Recreational vehicle-type units as defined by Florida Statutes Section 320.01(1)(b), (1997) including but not limited to, travel trailers, camping trailers, truck campers, motor homes, and park trailers.

     (2)  Mobile homes as defined by Florida statutes Section 320.01(2)(a),(1997).

     (3)  Trailers as defined by Florida Statutes Section 320.01(4), (1997).

     (4)  Semi-trailers as defined by Florida Statutes Section 320.01(5), (1997).

     (5)  Truck tractors as defined by Florida Statutes Section 320.01(11), (1997).

     (6)  Any vehicle as defined by Florida Statutes Section 320.01(1), (1997), which bears or contains commercial information or commercial advertising on the exterior surface, or which information or advertising can be seen and read from the interior, provided, that this provision shall not be construed to prohibit the following kinds of commercial information or advertising:

          a.  A “For Sale” sign for one vehicle itself, or

          b.  Commercial information which identifies the make and model of the vehicle or the name and location of the vehicle dealer.

     (7)  Any vehicle as defined by Florida Statute Section 320.01(1), (1997), to which has been added a cabinet box, a platform, a rack or other equipment for the purpose of carrying goods or equipment other than the personal effects of the passengers.

8.02  DEFINITIONS:

     (1) Motor Vehicle:  The term “Motor vehicle” shall mean any vehicle which has two (2) or more wheels and which is of a type subject to being titled by the State of Florida, regardless of whether said vehicle is actually titled in Florida.

     (2) Inoperable Vehicle: The term “inoperable vehicle” shall mean if the engine, wheels or other parts of the vehicle have been removed, altered, damaged or allowed to deteriorate so that the vehicle cannot be driven, has been in a stationary position for more than fourteen (14) consecutive days, requires repairs in order to be operable, has a license plate with expired registration date or does not have a license tag.

     (3) Screened from View:  The term “screened from view” shall mean that the motor vehicle must be parked or stored either within an enclosed structure, including a closed garage, or completely located behind a six (6) foot fenced in area to the rear of a line parallel to the front wall of the dwelling so that no side or top of the vehicle is visible.

     (4) Stored:  The term “stored” shall mean parked or placed in a stationary position for more than fourteen (14) consecutive days.  (Moving motor vehicle from  one location on lot to another does not disqualify the motor vehicle from being in a stationary position.

     (5) DELETED

8.03  NUMBER OF VEHICLES – No more than four (4) motor vehicles shall be parked outside of an enclosed structure of any residential lot. 

8.04  PARKING ON GRASS, ETC. - There will be no parking of motor vehicles on any area of the lot except areas paved for that purpose.

8.05  REPAIR ON MOTOR VEHICLE PROHIBITED - There shall be no repair performed on any motor vehicle on or adjacent to any lot in Wekiva or on the driveways or streets (public or private) in Wekiva.

8.06  EXCEPTIONS -

     (A)  Sections 8.01, 8.03 and 8.04 shall not apply to short term parking of vehicles belonging to bona fide visitors, guests, invitees, or vehicles belonging to service or delivery companies. In addition, Section 8.04 shall not apply to the circumstances when vehicles are being washed.

     (B)  Nothing in this Chapter 8 shall be construed to prohibit bona fide loading and unloading of goods from a motor vehicle during daylight hours.

     (C)  Those vehicles defined in Section 8.01 above may be parked or stored on an individual’s premises as long as the vehicle is parked or stored completely screened from view.

8.07  INOPERABLE MOTOR VEHICLES IN WEKIVA - 

     (A)  No inoperable motor vehicle may be parked or stored at anytime in Wekiva unless the inoperable vehicle is parked or stored completely screened from view.

8.08    STORAGE OF VEHICLES IN WEKIVA

     (A) No motor vehicle may be stored on any lot in Wekiva unless the vehicle is screened from view. 

NOTE: SEE CHAPTERS 11 AND 12 (SECTIONS 12.12 AND 12.13) FOR FURTHER PARKING RESTRICTIONS.

05/13/91

07/15/96

12/17/98

03/23/00

02/28/19

08/20/21

9.01  DEFINITIONS: 

(1) Shed:  The term “Shed” shall mean a permanent roofed structure, either freestanding or attached to home and is built for storage of items.  See Appendix 9A for examples of sheds.

(2) Playhouse: The term “Playhouse” shall mean a small structure built for children to play in normally consisting of a door, window(s), roof, and sides.  See Appendix 9A for examples of Playhouses.

(3) Treehouse:  The term “Treehouse” shall mean a structure built into branches of trees for children to play in. See Appendix 9A for examples of Treehouses.

(4) Play System:  The term “Play System” shall mean a set of connected devices such as swings, slides, monkey bars, ladders, sand box, and may include an open elevated structure.  See Appendix 9A for examples of Play Systems.

(5) Gazebo:  The term “Gazebo” shall mean a freestanding roofed structure open on all sides.  See Appendix 9A for examples of Gazebos.

(6) Pergola or Trellis:  The term “Pergola” shall mean a structure consisting of parallel colonnades supporting an open roof of girders and cross rafters.  See Appendix 9 for examples of a Pergola and Trellis.

(7)  Canopy:  The term “Canopy” shall mean a structure usually made of canvas supported by wood or metal and constructed to protect items from the weathering elements.  See Appendix 9A for examples of Canopies. (Not to be confused with sun umbrellas or sun sail shades)

(8)  Yard Decorations: Items placed in yard to embellish the effect of landscaping which may include but not limited to statues, fountains, benches, curbing, flag poles, pots, signs, and flags.  See Appendix 9A for examples of Yard Decorations.

(9)  Trampoline: A resilient sheet or web of nylon supported by springs in a metal frame and used as a springboard.

(10)  Play Equipment: Items to play with including but not limited to toys, swings, scooters, and bicycles.  See Appendix 9A for examples of Play Equipment.

9.02 SHEDS AND PLAYHOUSES - The following restrictions shall apply to the installation or keeping of sheds and playhouses. The material, location and design of all sheds and playhouses shall be subject to the prior written approval of the Architectural Control Committee.  Sheds and Playhouses must be approved by the proper county building department.

9.02.01   Areas where sheds are NOT allowed – Please see Appendix 9B for specific streets. 

9.02.01.1 - Wekiva Hills Sections 3,4,5,6,7,8,9, and 10

9.02.01.2 - Wekiva Club – Sections 1,2,3,4,5,6,7,8, and 9

9.02.01.3 - Wekiva Fairway Townhomes

9.02.01.4 - Wekiva Orange County – Sections 1,2,3,4, and 5

9.02.02 - Areas where playhouses are NOT allowed – Please see Appendix 9B for specific streets.

9.02.02.1 - Wekiva Hills Sections 3,4,5,6,7,8,9, and 10

9.02.02.2 - Wekiva Club – Sections 1,2,3,4,5,6,7,8, and 9

9.02.02.3 - Wekiva Fairway Townhomes

9.02.02.4 - Wekiva Orange County – Sections 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 

9.02.03 - Areas where there are additional restrictions - Please see Appendix 9B for specific streets. 

9.02.03.1 - Wekiva Hills – Sections 1 and 2 - Due to the specific total screening requirements contained in the Supplemental Declarations which apply to those sections (Article VIII, Section 3) the following specific restriction shall apply to the construction or keeping of sheds or playhouses:

9.02.03.1.1 - All such sheds or playhouses must be screened to the full height of these structures with either fencing or natural shrubbery. All other rules apply as denoted previously.

9.02.04 - Maximum Height – the maximum height of the structure shall be eight (8) feet measured from the base of the structure to the highest point of the structure.   This maximum 8-foot height is inclusive of any optional concrete foundation. The structure plus foundation may NOT exceed eight (8) feet.

9.02.05  - Foundation – All sheds and playhouses must be strapped to the ground with earth augers and wire straps per Seminole and Orange County Building Codes.

9.02.06 - Size - The maximum square footage of the shed or playhouse is one hundred (100) square feet.

9.02.07 - Quantity - Only one (1) shed and one (1) playhouse is allowed per lot.

9.02.08 - Maintenance of all sheds and playhouses must be maintained to the same standard as is required for the maintenance of houses in Wekiva.  (DCCR VIII, Section 6) This includes but is not limited to the obligation to keep such shed or playhouse painted, rust free, mold and mildew free, structurally sound and with a secure and waterproof roof.

9.02.09 - Screening from view - Sheds and playhouses must be screened to a height of at least six (6) feet using a fence or other screening materials approved in advance and in writing by the Architectural Control Committee so that at least the bottom six (6) feet of the shed or playhouse cannot be seen from any point outside of the perimeter of the lot by any person standing at ground level.  Notwithstanding this requirement, an owner may screen the shed or playhouse to a height higher than six (6) feet with natural materials, such as bushes, shrubs, or trees.

9.02.10 - Color – The color of the shed or playhouse must be approved in advance and in writing by the Architectural Control Committee.

9.02.11 - Use – Playhouses may never be used for storage.

9.02.12 - Construction and Materials Standards - All sheds and playhouses must either be prebuilt from a commercial retail store or constructed by a licensed contractor or if built by a homeowner or representative of homeowner  with the same quality of work and materials used by a licensed contractor. The material, location and design of all sheds or playhouses are subject to the prior written approval of the Architectural Control Committee.  Sheds and Playhouses must be approved by the proper county building department.

9.03  TREEHOUSE – Treehouses are not allowed.

9.04  PLAY SYSTEMS - Play Systems are allowed throughout Wekiva. The following guidelines shall apply to the location, installation, and construction of Play Systems.  The material, location and design of all play systems shall be subject to the prior written approval of the Architectural Control Committee.  See Appendix 9A for examples of Play Systems.

9.04.01 - Maximum Height – the maximum height of the play system shall be ten (10) feet as measured from the lot’s average grade to the highest point of the Play System. If the play system contains a deck, the maximum deck height is four (4) feet measured from the lowest point of the play system.

9.04.02 - Foundation – The play system is to be properly anchored to the ground at each leg that touches the ground using 18” to 24” earth augers and leg clamps.

9.04.03 - Maintenance – All play systems must be maintained to the same standard as is required for the maintenance of houses in Wekiva.  (DCCR VIII, Section 6) This includes but is not limited to the obligation to keep the play system painted, rust free, mold and mildew free, and structurally sound.

9.04.04 - Location and Screening from view – All play systems must be located on the rear or side yard of lot and screened from view using a six (6) foot fences. No play system may be placed beyond the front elevation of the house. Notwithstanding these requirements, an owner may add additional screening to a height higher than six (6) feet with natural materials, such as shrubs, bushes, or trees.  Play systems must not be located within (or no closer than) (10) ten feet of any fence, structure, or pool.

9.04.05 - Construction and Materials Standards - All play systems must either be prebuilt from a commercial retail store or constructed by a licensed contractor or if built by a homeowner or representative of homeowner with the same quality of work and materials used by a licensed contractor.  The material, location and design of all play systems are subject to the prior written approval of the Architectural Control Committee.  Play systems may require approval by the proper county building department.

9.04.06 - Pool Slides – Slides for pools are restricted to eight (8) feet maximum height measured from ground level to the highest point of the slide.

9.05  GAZEBO – The following restrictions shall apply to the construction, installation or keeping of a gazebo.  The material, location, designs, and landscaping around its perimeter shall be subject to the prior written approval of the Architectural Control Committee.  Gazebos must be approved by the proper county building department.  See Appendix 9A for examples of Gazebos.

9.05.01 - Areas where gazebos are NOT allowed - Please see Appendix 9B for specific streets.  

9.05.01.1 - Wekiva Hills Sections 3,4,5,6,7,8,9, and 10

9.05.01.2 - Wekiva Club Estates Sections 1,2,3,4,5,6,7,8,9 and 10

9.05.01.3 - Wekiva Fairway Townhomes

9.05.01.4 - Wekiva Orange County – Sections 1, 2, 3, 4, and 5 

9.05.02 - Maximum Height – the maximum height of the gazebo shall be ten (10) feet as measured from the lot’s average grade to the highest point of the structure, not including the four (4) foot foundation

9.05.03 - Foundation – The Gazebo must be permanently attached to a minimum four (4) inch concrete foundation. Seminole and Orange County Building Codes must be followed and may require auger anchor and wire rope tie downs across the top of the structure.

9.05.04 - Size - The maximum square footage of the gazebo is one hundred (100) square feet as measured around the exterior perimeter of the structure.

9.05.05 - Quantity - Only one (1) gazebo is allowed per lot.

9.05.06 - Maintenance - All Gazebos must be maintained to the same standard as is required for the maintenance of houses in Wekiva.  (DCCR VIII, Section 6) This includes but is not limited to the obligation to keep such gazebo painted, rust free, mold and mildew free, structurally sound and with a secure and waterproof roof.

9.05.07 - Location – No Gazebo may be placed beyond the front elevation of the house.  Gazebos must not be located within (or no closer than) (10) ten feet of any fence, structure, or pool.

9.05.08 - Use – Gazebos may never be used as a storage facility.  Gazebos are to be used as a gathering place for homeowners and guests.

9.05.09 - Construction and Materials Standards - All gazebos must either be prebuilt from a commercial retail store, constructed by a licensed contractor or if built by a homeowner or representative of homeowner with the same quality of work and materials used by a licensed contractor.  The material, location and design of all gazebos are subject to the prior written approval of the Architectural Control Committee.  All gazebos must be constructed of finished material such as wood or plastic and painted or stained and varnished. Gazebos require approval by the proper county building department.

9.05.10 - Roofing – All roofing materials should be, but not limited to, cedar shakes, copper, finished seam metal, slate or asphalt shingle and are subject to the prior written approval of the Architectural Control Committee.  

9.05.11 - Side Opening Treatments - Gazebos are open on all sides, normally with a railing at the base.  Side opening treatments must be approved in advance and in writing by the Architectural Control Committee.

9.06  PERGOLA or TRELLIS - Pergolas and Trellises are allowed in Wekiva.  The following restrictions shall apply to the construction, installation or keeping of a pergola or trellis.  The material, location and design of all pergolas and trellises shall be subject to the prior written approval of the Architectural Control Committee.  Pergolas and Trellises may require approval by the proper county building department.  See Appendix 9A for examples of Pergolas and Trellis.

9.06.01 - Maximum Height – the maximum height of the pergola or trellis shall be ten (10) feet as measured from the lot’s average grade to the highest point of the structure. 

9.06.02 - Foundation – The freestanding pergola or trellis posts must be permanently set in concrete to a minimum of 24 inches below ground surface. Trellises properly attached to house walls are exempt from concrete foundation requirements.  Seminole and Orange County Building Codes must be followed and may require auger anchor and wire rope tie downs across the top of the structure. 

9.06.03 - Quantity - Only one (1) pergola or trellis is allowed per lot.

9.06.04 - Maintenance - All pergolas or trellises must be maintained to the same standard as is required for the maintenance of houses in Wekiva.  (DCCR VIII, Section 6) This includes but is not limited to the obligation to keep such pergola or trellis painted, rust free, mold and mildew free, and structurally sound.

9.06.05 - Location – No pergola or trellis may be placed beyond the front elevation of the house.  Pergolas or Trellises must not be located within (or no closer than) (10) ten feet of any fence, structure, or pool.

9.06.07 - Use – Pergolas or Trellises may never be used as a storage facility.  

9.06.08 - Construction and Materials Standards - All pergolas or trellises must either be prebuilt from a commercial retail store, constructed by a licensed contractor or if built by a homeowner or representative of homeowner with the same quality of work and materials used by a licensed contractor.  The material, location and design of all pergolas or trellises are subject to the prior written approval of the Architectural Control Committee.  All pergolas or trellises must be constructed of finished material such as wood or plastic and painted or stained and varnished.  Pergolas and Trellises may require approval by the proper county building department.

9.07 CANOPY -   No canopies are allowed in Wekiva.  The only exception is a temporary canopy or tent which may be used for special celebrations such as weddings or graduation ceremonies.  This temporary canopy or tent is only allowed for a period of seven (7) days maximum per year per household.  Dates must be submitted to the management office of Wekiva prior to the event. 

9.08  YARD DECORATIONS - The following restrictions shall apply to the construction, installation or keeping of non-holiday yard decorations.  The material, quantity, location, and design of all yard decorations shall be subject to the prior written approval of the Architectural Control Committee. Yard decorations must be non-offensive and be in harmony with the existing Wekiva Hunt Club Community. See Appendix 9A for examples of yard decorations. 

9.08.01 - Maintenance - All yard decorations must be maintained to the same standard as is required for the maintenance of houses in Wekiva.  (DCCR VIII, Section 6) This includes but is not limited to the obligation to keep such yard decorations cleaned, painted, and rust free, mold and mildew free and structurally sound.

9.08.02 - Location – No yard decorations can be located on an area that obstructs sightlines at intersections. No yard decorations are to be placed in county sidewalk easements between sidewalk and road.

9.08.03 - Flagpoles and Flags – Flagpoles and flags are allowed per Florida Statues Section 720.304(2). (See below).  Any other flags are subject to the prior written approval of the Architectural Control Committee. Section 720.304(2) of the Florida Homeowners’ Association Act states that any homeowner may display one portable, removable United States flag or official flag of Florida in a “respectful” manner, and one portable, removable official flag that is not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag regardless of any covenants, restrictions, bylaws, rules or requirements of the association. A homeowner may also erect a freestanding flagpole not more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules or requirements of the association as long as the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement.

9.09 TRAMPOLINES - Trampolines are allowed, preferably with safety nets with entire height not to exceed (10) feet from ground level to the highest point.  Trampolines must be anchored to the ground at each leg that touches the ground using 18”-24” earth augers and leg clamps.  All trampolines shall be subject to the prior written approval of the Architectural Control Committee.  See Appendix 9A for examples of trampolines.

9.10 PLAY EQUIPMENT - Play equipment, including toys, swings, scooters, or bicycles, may not be stored in front yards, driveways, sidewalks, or front patios/porches.  Swings of any kind are not permitted in the front of the house, including hanging from tree branches.

05/13/91

11/09/92

08/22/02

08/26/04

05/31/06

10/26/06

03/27/13

09/24/20

10.01  HEIGHT AND SIZE - No basketball goal shall have a height that exceeds the height allowed by the National Basketball Association (NBA).  No basketball backboard shall exceed the maximum size allowed by the NBA.

10.02  SUPPORTING STRUCTURE - All basketball goals shall be free standing and may not be attached to any home or other building structure.  The supporting structure shall be of metal construction.  To maintain the quality of the community appearance, the supporting structure shall be commercially produced.  A non-commercial structure may be approved on an individual basis if the Architectural Control Committee determines that the appearance is within community standards.

10.03  LOCATION, INCLUDING LOCATION OF PORTABLE BASKETBALL GOALS - The location of all basketball goals, whether permanent or portable in nature, must be first approved by the Architectural Control Committee (“ACC”) pursuant to the procedures set forth in Section 13.03 before the same may be installed or utilized.  If Portable Basketball Goals are approved for locations other than what would be approved for permanent goals, such approval must include the requirement that they be removed and stored when the same are not being used for a period of longer than 30 minutes or Sundown, whichever first occurs, along with the identification of the locations where such Portable Basketball Goals must be stored.

At a minimum, the ACC’s review of any application will take into consideration the impact of the same on adjacent properties and the game play area.  Installation on a grass or non-paved area will not be permitted if any possible damage to the groundcover will be visible to a person standing in adjacent public or private areas.

10.04  MAINTENANCE - The basketball goal and support structure shall be maintained in accordance to Wekiva requirements as would any other exterior structure, including, but not limited to, painting, replacement of damaged or deteriorated parts, and general overall appearance.  The preferred paint color for the supporting structure (non-plated areas) is black.  The approval for the installation will be withdrawn and removal required if the owner or occupant fails to maintain the basketball goal or supporting structure.

05/13/91

02/20/14

11.01 DEFINITIONS:

     (1)  Boat and boat trailer: The term “boat and boat trailer” shall mean a boat without a trailer, a boat and trailer combination or a boat trailer however modified without a boat. 

      (2)  Trailer: The term “trailer” shall mean a non-motorized vehicle designed to be pulled behind a motor vehicle.

     (3)  Loading: The term “loading” shall mean to put on cargo such as life jackets, gear, fishing equipment, food, water, cooler, games, or clothing.

     (4)  Unloading: The term “unloading” shall mean to take off cargo such as life jackets, gear, fishing equipment, food, water, cooler, games, or clothing.

     (5)  Screened from View: The term “screened from view” shall mean located inside of an enclosed garage or completely located behind a six (6) foot high fence so that no side or top of boat, boat trailer, or Bimini is visible from adjacent properties or from the street.

     (6)  Repairs: The term “repairs” shall mean fixing, remodeling, or upgrading any portion of the boat or trailer whether it is cosmetic or mechanical in nature.  Examples of repairs are painting, remodeling, motor or other mechanical repairs, cracks repaired, or upholstery repaired.

     (7)  Tow Vehicle: A motor vehicle equipped for moving a boat or trailer.

11.02 RESTRICTIONS- The following restrictions shall apply to all boats and trailers in Wekiva:

     (1)  Storage and/or parking of boat and boat trailer, or trailer is prohibited from all lots and streets within Wekiva, except when screened from view inside an enclosed garage or completely located behind a six (6) foot high fence so that no side or top of boat and boat trailer, or trailer, or Bimini is visible from adjacent properties or from the street.

     (2)  No repairs to boat and boat trailer, or trailer is allowed other than in an enclosed garage or when screened from view behind a six (6) foot fence.

     (3)  Boat and boat trailer, or trailer must have a current state and/or federal license and registration and must be in operable condition.

     (4)  Boat and boat trailer, or trailer is allowed on Wekiva lots and streets for loading, unloading, and/or cleaning purposes only. The tow vehicle must remain attached and both the boat, trailer, and tow vehicle must be parked in a legal fashion upon a paved surface.

          (a)  Total loading, unloading, and cleaning time not to exceed 6 hours during any 24-hour period.

11.03 RESTRICTIONS SUB-ASSOCIATION RESTRICTIONS- Notwithstanding this Chapter 11, stricter standards contained within the deed restrictions, covenants, or applicable sub-association rules shall be applied and control in the event of a conflict. The storage and maintenance of a boat and boat trailer, or trailer is subject to the following restrictions pertaining to specific sections of Wekiva: 

A.  HUNTERS POINT and WEKIVA HUNT CLUB CONDOMINIUM - No boat and boat trailer, or trailer may be parked on any part of the property except in an enclosed garage. 

B.  HUNTERS POINT, SECTION II, PHASES I & II, HUNTERS GLEN, and GOLF VILLAS -

     (1)  No boat and boat trailer, or trailer shall be parked at any time on any driveway or otherwise on any lot or on any public street except: 

          a. For loading and unloading purposes, or; 

          b. When the same is stored within a closed garage. 

     (2)  For purposes of this Section 11.02(B), loading and/or unloading shall mean the following: 

          a. The tow vehicle must remain attached and both the boat and boat trailer, or trailer and tow vehicle must be parked in a legal fashion upon a paved surface; and 

          b. Loading and unloading shall not exceed 3 hours during any 24 hour period.  

C.  GOVERNORS POINT -

     (1)  No boat and boat trailer, or trailer or other similar vehicle shall be parked or stored on the street, including right-of-way thereof, or shall be permitted to remain on any lot overnight or for a continuous period of time in excess of ten (10) consecutive hours. 

     (2)  No boat and boat trailer, or trailer shall be used or permitted to remain on any lot as a storage facility or residence. 

D.     WEKIVA FAIRWAY TOWNHOMES CONDOMINIUM - 

     (1)  No boat and boat trailer, or trailer shall be parked at any time on any driveway, or otherwise on any lot or on any public street within Wekiva Fairway Townhomes Condominium except for loading and unloading purposes. 

     (2)  For purposes of this Section 11.02(D), loading and/or unloading shall mean the following: 

          a. The tow vehicle must remain attached and both the boat and boat trailer, or trailer and tow vehicle must be parked in a legal fashion upon a paved surface; and 

          b. Loading and unloading shall not exceed 3 hours during any 24 hour period.

05/13/91

11/19/98

03/18/21

PART I - SUMMARY OF AREAS AND EQUIPMENT

12.01  IN GENERAL -  The following is a list of all park and recreational areas located within the Wekiva Hunt Club Planned Unit Development:

     A.  SEMINOLE COUNTY LAND OWNED BY THE ASSOCIATION -

          (1)  Seminole County Park (a/k/a Tract A of FH Sec. 1) (behind York Court) (OR 1020 PG 1620)

          (2)  Holderness Park (a/k/a Tract B of FH Sec. 1) (behind Bedale Court ) (OR 1020 PG 1620)

          (3)  Wekiva Hills Park (a/k/a Tract C of FH Sec. 3) (on Beaufort Side) (OR 1020 PG 1620)

          (4)  Wekiva Lake Park (a/k/a Tract D of FH Sec. 3) (on Berkshire Side) (OR 1020 PG 1620)

          (5)  Power Line (from FH Sec. 2) (OR 1398 PG 1891)

          (6)  Tract A of WH Sec. 8 (access to Duncan Park) *(OR 1439 PG 1495)

          (7)  Duncan Park (behind WH Sec. 7, 8 & (but not on any plat) (OR 1261 PG 48)

          (8)  Canterclub Lake Park (behind Orange County and WH Sec. 2 but not on any plat) (OR 1216 PG 329)

          (9)  Tract "A" (from Wekiva Golf Villas Sec. 1) (OR 1391 PG 75)

          (10)  Tract "W" Wetland Area at Hunter's Point development (between Stag Ridge Court and Habersham Drive).

     B.  SEMINOLE COUNTY LAND DEDICATED BY PLAT TO SEMINOLE  COUNTY -

          (1)  Tract "A" (from WCE Sec. 8)

          (2)  Tract "B" (from WCE Sec. 9)

     C.  SEMINOLE COUNTY LAND OWNED BY SEMINOLE COUNTY SCHOOL BOARD -

          (1)  Wekiva Elementary playing fields

     D.  ORANGE COUNTY LAND OWNED BY THE ASSOCIATION -

          (1)  Canterclub Lake Park (a/k/a Tract "A" in WOC Sec. 5) (OR 3461 PG 1426)

     E.  ORANGE COUNTY LAND DEDICATED BY PLAT TO ORANGE COUNTY -

          (1)  Tract "A" (in WOC - but dedicated by Plat to County)

          (2)  Tract "E" (in WOC Sec. 2 but dedicated by Plat to County)

12.02  PARK AND RECREATION EQUIPMENT -  The following is a summary of park and recreation equipment and amenities by location:

(1)  Wekiva Hills - 2 lighted tennis courts, 2 ball diamonds with backstops and 2 benches each, 2 spring animals, 10 swings, 5 benches, 3 picnic tables, 2 bicycle racks, 2 restrooms with drinking fountain, 1 soccer goal, 5 trash containers, and 1 miracle play set with slides;

(2)  Wekiva Lake - 8 benches, 2 picnic tables, 3 trash containers, and a spray fountain in lake.

(3)  Holderness - 1 handball court, 1 full-length basketball court, 6 swings, 2 benches, 4 spring toys, 1 free-standing slide, 1 Miracle play set with 3 slides, and 3 trash containers;

(4)  York - 1 free-standing slide, 9 swings, 1 jungle gym, 1 soccer field with 2 goals, 2 benches, 2 spring animals, 1 bike rack, 2 trash containers, 1 miracle play set, 1 tire swing, and an A-B-C climber;

(5)  Duncan - 4 swings, 4 lighted tennis courts, 2 handball courts, 1 basketball court, 1 free-standing slide, 5 benches, 2 restrooms within tennis courts, 6 trash containers, 1 spring toy, and 1 miracle play set with 3 slides;

(6)  Canterclub - 6 benches, 6 swings, 1 free-standing slide, 1 Miracle play set, 1 trash container, and 2 spring animals.

PART II - THE PARKS COMMITTEE

12.03  COMPOSITION AND OPERATION -  The Parks Committee shall consist of a Committee Chairman appointed by the Board and such additional voting members enlisted by the Committee Chairman.  In selecting voting members, the Chairman will enlist homeowners living in proximity to each designated park area and members at large to ensure diversity of representation.  Park committee members will be submitted by the Committee Chairman to the Board for their final approval.  Meetings will be scheduled by the Committee Chairman as necessary and not less frequently than twice yearly.  Meetings will be open to attendance by any Wekiva homeowner.

12.04  PURPOSE AND RESPONSIBILITIES -  The Parks Committee shall undertake such activities as the Board may direct in regard to parks and recreation areas; review the needs and requirements of the community for recreation and their related uses of the designated parks and recreation areas; draft policy for the use of parks and recreation areas in conformity with the covenants and within the directives and guidelines as issued by the Board; schedule activities in the parks; review requirements for maintenance and for capital expenditures for park facilities and make appropriate recommendations to the Board, and provide the Board with monthly reports of actions taken by the Committee. 

PART III - SCHEDULED PARK AND RECREATIONAL ACTIVITIES

12.05  SCHEDULING OF ORGANIZED YOUTH BASEBALL - The following is a summary of available parks and scheduling restrictions for organized youth baseball:

     (A)  Wekiva Hills Park - One 1 & ½ hour period per day Monday through Friday for fall and spring seasons scheduled on each field.  Field "A" faces Beaufort Drive.  Field "B" faces East Wekiva Trail.  Age groups limited to under thirteen (13). Time: 4:00 to 6:30 p.m.;

     (B)  Wekiva Elementary - Two 1 & ½ hour periods per day Monday through Friday for fall and spring seasons scheduled on each field.  Either or both fields are subject to pre-emption by the school administrator without notice.  Field "A" faces the power easement.  Field "B" faces East Wekiva Trail.  Age groups limited to under eleven (11).  Time: 3:30 to 7:00 p.m.

12.06  SCHEDULING OF ORGANIZED YOUTH SOCCER - The following is a summary of available parks and scheduling restrictions for organized youth soccer:

     (A)  Power Easement - One 1 & ½ hour period per day Monday through Friday for fall and spring seasons scheduled on each of four playfields located between Essex and Holderness Drives.  Field "A" located closest to the school with "B", "C" and "D" lying in order towards Essex Drive.

     (B)  York Court Park - One 1 & ½ hour period per day Monday through Friday for fall and spring seasons scheduled on one field.

12.07  SCHEDULING OF OTHER ORGANIZED YOUTH SPORTS - Baseball and soccer are the only scheduled organized youth sports permitted on parks and fields within Wekiva.

12.08  ORGANIZED YOUTH SPORTS SCHEDULING PROCEDURES - 

     (1)  To be eligible for scheduling, each team requesting to be scheduled must have a coach or assistant coach who is a homeowner in Wekiva and either such coach must agree to assume responsibility for the conduct of his or her team and spectators;

     (2)  No team may be scheduled for more than two (2) 1 & ½ hour periods per week;

     (3)  Scheduling will be by lottery according to the priority of the team determined as follows:

          (a)  Priority 1 - A priority 1 team is a team in which 50% or more of the team's members are Wekiva residents;

          (b)  Priority 2 - A priority 2 team is a team in which less than 50% of the team's members are Wekiva residents.

     A soccer lottery will be held for the spring and fall seasons in the fall only.  A baseball lottery will be held in the spring and fall.

     (4)  To be considered for priority scheduling, the coach or assistant coach must be present at the scheduling meeting and must submit a request form and team roster containing each team member's name, address and birth date.  The team must also submit a copy of the insurance binder for the organized league they are playing with which indicates they are carrying liability coverage in the amount of one million dollars ($1,000,000.00).

     (5)  A lottery shall be conducted among priority 1 teams first and scheduling shall continue until all available fields are scheduled.  If fields remain unscheduled after all priority 1 teams are scheduled, a second lottery shall be held among priority 2 teams until all available fields are scheduled.  If fields remain unscheduled after the scheduling lottery, the Chairman of the Parks Committee, or his or her designated representative, shall have the authority to schedule remaining fields to late applicants on a first-come basis, regardless of that team's priority;

     (6)  The time, date and location of the lotteries will be posted on the entrance boards.

12.09  SCHEDULING OF EVENTS OR ACTIVITIES OTHER THAN ORGANIZED YOUTH SPORTS - A group desiring to use a park and expecting attendance of twenty (20) persons or more, must schedule the event or activity through the Chairman of the Parks Committee.  The scheduling of any such event or activity shall be governed by the following:

     (1)  A group must be represented by a Wekiva homeowner who is willing to assume responsibility for the actions of the group.

     (2)  Upon request, the Chairman of the Parks Committee will send a scheduling form to the homeowner or group who is requesting to schedule an activity or event.

     (3)  The Chairman will present the scheduling request at the next regular Parks Committee meeting or hold a telephone vote on the request.  The Committee may request the applying group to make a short presentation of their plans if they determine the impact of the event to be significant to the parks or surrounding residents.  The Committee may request that the group agree, in writing, to certain conditions as a pre-requisite to approval.

     (4)  The Parks Committee shall have the authority, subject to subparagraph (7) below, to deny any request for scheduling of an activity or event which the Committee believes will have an adverse impact on the parks or surrounding residential areas.

     (5)  Groups approved for a scheduled activity or event may request a key to the Wekiva Hills restrooms from the Management Company.  The resident must pick up the key at the Management Company's office during regular business hours and leave a $5.00 deposit which shall be refundable upon return.

     (6)  Because the general use of the park areas is greater on Saturdays, Sundays and Holidays, and because persons residing in close proximity to the park areas generally will be home and are entitled to a greater level of peace and quiet on those days, and because the use of the parks for Association sponsored events are generally held on those days, the scheduling of events or activities on Saturdays, Sundays and Holidays will not be encouraged. In some instances, and on days where Association sponsored events will not use the park area in question, such events or activities may be allowed so long as the subject use will not unreasonably impact the use by the general membership and the peace and quite of the residents living close to the parks.  In order to insure that the above standards will be met the chairman will give particular attention to the time of day that the use will occur along with the type of use and the number of persons involved.  To the extent possible, and if the events meet the above standards, the Chairman shall encourage multiple concurrent use of the subject parks area.

     (7)  All decisions of the Parks Committee may be appealed to the Board of Directors for reversal.

PART IV - RULES GOVERNING THE USE OF PARKS

12.10  PARKS RULES IN GENERAL - The use of parks and common areas within Wekiva is restricted to Wekiva residents and their guests.

12.11  HOURS - All parks are open for use during daylight hours and close at dusk, except for the lighted tennis courts which close at 11:00 p.m.

12.12  PARKING

     (A)  MOTOR VEHICLES DEFINED

     For purposes of this rule, the term "motor vehicle" shall mean any vehicle defined as such by Section 320.01, Florida Statutes. 

     (B)  LOCATION OF PARKING

     All persons using park facilities shall park their motor vehicles only in the designated parking areas.  All persons using the Wekiva Elementary playing fields, including individuals and spectators attending activities or events scheduled at the Wekiva Elementary playing fields, shall park their vehicles in the Wekiva Elementary parking lot, not in the streets surrounding the area.

     (C)  PARKING HOURS

     No overnight parking will be permitted at any of the park's designated parking areas.

     (D)  REMEDY

     The Association may enforce the terms of this rule by the use of all available legal and equitable remedies, including, but not limited to the towing of offending vehicles from the parking area.  

12.13  MOTOR VEHICLES PROHIBITED - No motor vehicles, other than maintenance vehicles, shall be permitted in any park or on any common area in Wekiva.

12.14  NOISE AND DISTURBANCES - The use of public address systems, spotlights and whistles are prohibited unless specifically authorized in writing by the Parks Committee Chairman.

12.15  TRASH - It shall be the responsibility of all individuals and groups using the Wekiva parks to clean up and remove their trash.  If it becomes necessary for the Association to clean up such trash, the cost of such clean up will be assessed to the individual failing to clean up.  In the event it becomes necessary for the Association to clean up trash left in the parks by a scheduled group, the individuals who applied for scheduling shall be personally assessed the cost of such clean up.

12.16  ANIMALS - Animals are prohibited from Wekiva parks with the exception of domestic dogs and cats, provided that such dogs and cats are kept on a leash at all times.

12.17  PROHIBITED ACTIVITIES - Subject to the provisions contained in Chapter 4 of this Code, firearms, fireworks, bonfires, rockets, archery, aircraft, swimming, boating, golf, radio controlled aircraft or unapproved use of hot air balloons are not permitted in Wekiva parks.

12.18  SCHEDULED TEAM SPORTS - Inviting teams not scheduled on Wekiva playing fields to scrimmage is not permitted.  In addition, it is deemed to be understood by all participants in activities held at Wekiva parks that trespassing upon private property adjacent to the parks is strictly prohibited and the recovery of balls, etc. from private property shall not be attempted without receiving the permission of the property owner.

12.19  COMMUNITY SUPPORT - In the interest of maintaining positive community support, individuals using Wekiva parks shall make every effort to minimize their impact on homeowners living adjacent to the parks and playing fields.  The failure of any individual to make such effort shall be deemed a violation of this Code.

PART V - RULES GOVERNING THE USE OF TENNIS COURTS

On January 15, 1996 at the monthly Board of Directors meeting the Board approved the following rules governing the use of Tennis Courts:

12.20  TENNIS COURT RULES

Courts may only be used by those persons who purchase tennis court keys (key holder), and their guests.  Guests must be accompanied by the key holder at all times.  Keys may be purchased through the management company.

Proper tennis footwear must be worn on the courts.

Please limit play to 1 hour for singles play and 1 ½ hours for doubles play.

Absolutely no skates, skateboards or bicycles will be permitted on the courts.  The courts must be used for tennis games only.  Key holders are asked to report any violations to the management company.

Vandals will be prosecuted to the fullest extent of the law.

05/13/91

12/18/95

01/15/96

13.01 AUTHORITY OF ARCHITECTURAL CONTROL COMMITTEE

A. ARCHITECTURAL REVIEW:

The primary duty of the Architectural Control Committee (ACC) is to undertake the

architectural review obligations dictated by the Declaration. This is stated as follows:

ARTICLE V - ARCHITECTURAL CONTROL

Section 1. Architectural Control Committee. No building, fence, wall or other structure shall be commenced erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and locations of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee, composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

B. INFRACTION ENFORCEMENT:

 The authority to inspect, review and report to the Board all infractions of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, any supplements or amendments thereto and the Articles of Incorporation and Bylaws of the Association shall be vested in the Covenants Enforcement Committee (CEC). However, the Architectural Control Committee (“ACC”) shall be primarily responsible for enforcing the architectural approval process, as provided in the Declaration.

13.02   LIMITATION ON AUTHORITY - Notwithstanding the authority granted in Section 13.01, the Board shall retain exclusive authority to institute any administrative or legal action against any violating homeowner and the Board shall retain authority to override all decisions of the Architectural Control Committee.  

A.  Unless otherwise specifically stated to the contrary, these rules do not apply to fines or suspension imposed due to a delinquency in the payment of assessments or other financial obligation due to the Association.

B.  The Board’s authority to levy fines and suspensions shall extend to the homeowner and to the owner’s tenant, guest, or invitees in appropriate cases.  Persons subject to potential fines or suspensions are collectively referred to in these rules as “violators.”

13.03   APPLICATION PROCEDURE FOR ARCHITECTURAL APPROVALS - All applications to the Architectural Control Committee for architectural approval shall be governed by the following:

A. All applications shall be submitted on an approved form which shall be available from the property manager. Upon completion, the form, and any attachments thereto, shall be submitted to the property manager for transmittal to the Architectural Control Committee;

B.  All improvements must be completed within 30 days from the date of the Architectural Control Committee's approval date; if changes cannot be completed within the allotted time the homeowner must submit a written request for an extension and obtain from the Architectural Control Committee a written approval for the extension.

C.  In the event that any proposed building, fence, wall, structure or improvement which is subject to the Architectural Control Committee's approval pursuant to the Declaration or this Code, is to be constructed in close proximity to any easement areas or upon an easement" (as provided on any plat or in any Declaration), the Architectural Control Committee or the Board shall have the authority to require the party requesting approval to take any of the following actions before considering the proposed plans for approval or disapproval:

1. Provide the Architectural Control Committee with a sealed survey of the subject property, prepared by a surveyor licensed in the State of Florida, depicting the exact location of the improvement in relation to the easement area;
2. Employ a surveyor licensed in the State of Florida to place metal surveying stakes on the subject property directly upon, and indicating, the exact location of any easement areas. 

D.  In accordance with Article VIII, Section 11 of the Declaration, in the event the Architectural Control Committee approves any structure or landscaping over an easement area, it is with the complete acknowledgment and understanding of the homeowner that if the easement is ever needed by the holder of the easement, such as a utility company (to include but not be limited to gas, electric, water, communications) as well as for sidewalks or by both county and the Association, the homeowner will be responsible for removal and replacement of structures or greenery at the homeowners' sole expense.

13.04   INFRACTION ENFORCEMENT PROCEDURES - To implement the infraction enforcement powers granted in 13.01 B above, the Board and the ACC (as to violations of the architectural approval process) and the Covenant Enforcement Committee (“CEC”) (as to all covenant and rule violations) shall attempt to observe the following procedures whenever possible:

A.  ADMINISTRATIVE PROCEDURES:

1. When the Board, the ACC or the CEC become aware of an infraction, the ACC or the CEC may first attempt a telephone call to the alleged violator to verify the infraction and attempt to obtain voluntary compliance. If no phone call is made the ACC or the CEC shall have the management company send a letter to the violator, requesting compliance. This letter shall be sent by regular mail only or by email.
2. If the infraction is not remedied within a reasonable period of time as set by the ACC or the CEC, the ACC or the CEC shall have the management company send a second letter to the violator. This second letter shall be stronger in its terms, shall set forth a final compliance date, and shall indicate the possible penalties which will result from such non-compliance including a statement concerning the fining system. This letter shall be sent by both certified and regular mail.
3. If the infraction is not remedied on or before the date designated in the second letter, the ACC or the CEC shall determine at a duly constituted ACC or the CEC meeting which action it deems appropriate. This action can include, but is not limited to: (a)  Direct that further administrative attempts be made to obtain voluntary compliance, such as further letters, telephone calls and personal visits.  (b)  Vote to submit the matter to the Board for the possible imposition of a fine as provided in paragraph B below.  (c)  Vote to recommend to the Board that the matter go directly to mandatory pre-suit mediation and ultimately to litigation if mediation is not successful.  

B.  FINES AND SUSPENSION OF USE RIGHTS/POWER AND STATUTORY PROVISIONS:

1.  POWER TO FINE:

On April 18, 1994 the members of the Wekiva Hunt Club Community Association, Inc. amended its Bylaws to permit the imposition of fines against its members for the violation of any Wekiva documents. On April 28, 2016, the members of the Association again voted to amend Article XV of the Bylaws to update the fining system to make it consistent with Section 720.305, Fla. Stat., as same then exists, or as it may be changed in the future. These amendments permit the Board to adopt rules relating to the actual operation of the fining system. 

2.  POWER TO SUSPEND USE RIGHTS/INCORPORATION OF THE GOVERNING DOCUMENTS INTO THE WEKIVA CODE:

Article II of the Declaration allows the Association to suspend the rights of an owner to use Wekiva's recreational facilities for any period during which any assessment remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.  For the purposes of this suspension power, the terms and conditions of all Wekiva Declarations, and the Articles of Incorporation and Bylaws of the Association and all amendments thereto are incorporated into and made a part of this Wekiva Code. The right to suspend shall be exercised 

in a manner consistent with provisions of applicable law, as it may exist from time to time, specifically Section 720.305, Fla. Stat. These rules will follow Article II of the Declaration regarding suspensions to the extent that Article II is not inconsistent with Section 720.305, Fla. Stat.

 3.  STATUTORY PROVISIONS:

 Subsections 720.305(2),(5) and (6) Florida Statutes provide in relevant part as follows:

• (2) The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the non-prevailing party as determined by the court.
• (a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.
• (b) A fine or suspension may not be imposed by the board of administration without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the board of administration imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.
• (5) All suspensions imposed pursuant to subsection (3).... must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.
• (6) The suspensions permitted by paragraph (2)(a) .... apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the .... failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

C.  APPOINTMENT AND ROLE OF IMPARTIAL  "COVENANT COMPLIANCE COMMITTEE":

 Except for the non-payment of assessments and for violations in commercial areas as discussed below, pursuant to Subsection 720.305(2), the Board of Directors shall appoint an impartial committee to be known as the ”Covenant Compliance Committee" (CCC). This function of this committee is to determine if fines and/or suspensions imposed by the Board of Directors for violations of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, any supplements or amendments thereof and the Articles of Incorporation and Bylaws of the Association shall be confirmed or rejected.  To the extent possible the CCC shall hold joint hearings with the Board of Directors for timing and convenience, so that it shall hear the same information, testimony and evidence as to Board of Directors. If a fine or suspension is imposed by the Board, then the CCC shall then and there deliberate and determine whether the fine or suspension imposed by the board is to be confirmed or rejected.   If the fine or suspension imposed by the Board is confirmed, then the fine or suspension shall stand.  If a fine or suspension imposed by the board is rejected, then no fine or suspension shall be valid.  In the event that the Board and the CCC fail to hold a joint hearing on the same violation, then following a separate fourteen (14) day notice to the alleged violator, conforming in all respects to the requirements for notice of a Board hearing, the CCC shall be obligated to hold a separate hearing to determine whether to confirm or reject any fine or suspension imposed by the Board.

 The CCC shall be composed of at least three members of the Association appointed by the Board of Directors who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employees of the Association.  For continuity purposes, and to the extent possible, the Board shall appoint committee members for staggered two-year terms. However, all committee members shall serve at the pleasure of the Board of Directors and may be removed with or without cause by the Board at any time. 

D.  RULES FOR THE IMPOSITION OF SUSPENSIONS AND FINES BY THE BOARD OF DIRECTORS:

 Except for the non-payment of assessments and for violations in commercial areas as discussed below, the rules, which should be followed for the imposition of suspensions and fines if possible, are:

     1. No suspensions or fines shall be imposed until after the administrative procedures outlined in section 13.04A above are completed.

     2. As to each possible suspension or fining event the ACC or the CEC  shall make a written report and recommendation to the Board. All such reports must, at a minimum contain the following information:  

          (a) The name of the owner/violator (if different);  

          (b) The address of the infraction location.  

          (c) A brief description of the infraction, along with the citation of the section(s) of the appropriate document(s) that has been violated.

          (d) Any other information deemed important by the ACC or the CEC, such as photographs, eye witness statements, ACC applications and other submissions, warning letters and responses, inspection reports and   contemporaneous written narrative summaries of conversations.

     3. If the alleged violator is involved in multiple infractions, then the ACC or the CEC may consolidate all information into one report.

     4. A representative of the ACC or CEC or a designee of either, such as the community association manager, shall present these reports to the Board at duly constituted Board meetings and shall be prepared to answer any preliminary questions that may arise at that time.  The ACC or the CEC representative shall be prepared with a recommendation from the ACC or the CEC as to the appropriate enforcement mechanism to be used, i.e.  fining, suspension, pre-suit mediation, or other suggestions.

     5. If, at the conclusion of the preliminary presentation the Board believes that the reported infraction exists, and accepts a recommendation that a fine or suspension be imposed, or if the Board on its own initiative believes that a suspension(s) and/or fine(s), be imposed against the violating party then the Board shall direct that a minimum fourteen (14) day notice of a hearing be sent to each alleged violator.

     6. The Board shall then notify the violator(s) in writing of the alleged infraction(s) and of the proposed suspension(s) and/or fine(s). It shall also notify the violator(s) that a joint hearing of the Board and the impartial CCC will be held concerning the same. The notice shall include the alleged infraction(s), the date, time and place that the hearing will be held and an announcement that the violator may appear at such hearing to address the issue. The notice shall describe the role of the Board and the CCC. The notice shall be served on the Owner by certified and regular mail at least fourteen (14) days prior to such joint hearing. Service shall be completed upon the depositing of the notice in an official postal depository, postage prepaid.

 Additional provisions concerning the power of the Board are as follows:

  a. The Board may not propose a fine in excess of $100.00 per person, per violation. However, for violations of a continuing nature, such fine may be proposed on the basis of each day of such continuing violation as long as such proposed fine does not exceed $100 per day, not to exceed $2500.00 in the aggregate.

  b. The Board may not propose a suspension in excess of sixty (60) days per violation.

  c. The Board may propose a fine or a suspension or both a fine and a suspension for each violation.

  d. Because the above suspensions and fines are based on individual infractions, the Board may propose multiple suspensions and fines if multiple infractions are found to exist.

  e. The Board reserves the right, but not the duty, to prepare a schedule of suspensions and fines for particular violations.

  f. The Board also reserves the right, but not the duty, to propose suspensions and fines and then suspend the same upon condition of compliance or because compliance had occurred prior to the presentation.

      7.  At the appointed place and time, a full joint hearing shall be held before the Board and the impartial Covenant Compliance Committee concerning the alleged infraction(s) and the proposed suspension(s) and/or fine(s). An ACC or CEC representative shall present evidence reflecting that the proper notice was served on the violator(s), and shall then present the case to the Board and the CCC. The violator(s) may represent him - her - or their selves or shall have the right to be represented by counsel at the hearing. Both the ACC or the CEC representative and the violator(s) shall have the right to present such evidence as they deem appropriate and may present and cross examine witnesses. The members of the Board and CCC shall have the right to ask questions. 

     8. Multiple infractions by the same violator may be discussed at the same hearing.

     9. Strict rules of evidence shall not be required, however, the Board shall comply with such standards that will ensure due process and fair play.

     10. The Board has the right to continue any hearing for such periods of time that it deems necessary in order to ensure that full information is presented upon which to make a decision. Appropriate notices of such continuances must be given to the violator(s).

     11. If notice is given as required above the failure of a violator to appear at the hearing shall in no way impede the completion of the hearing.

     12. If, after a full hearing, the Board does not approve a proposed suspension and/or fine by majority vote, then such suspension and/or fine shall not be imposed and the joint hearing shall conclude with no further action needed by the CCC.

     13. For multiple violations, the Board may impose some suspensions and/or fines and refuse to impose other suspensions and/or fines.

     14. If, after a full hearing, the Board, by majority vote, determines that the infraction or infractions has occurred, then the suspension and/or fine proposed by the Board will be subject to immediate review by the CCC.

     15. It shall be the duty of the CCC to separately confirm or reject each fine or suspension imposed by the Board.  The CCC shall have no authority to modify any fine or suspension or otherwise vary the terms imposed by the Board.  In the event that the Board elects to suspend a fine or suspension upon condition of compliance or because compliance has occurred, then the CCC may defer its decision to confirm or reject the fine or suspension if and only if the violator agrees in writing to the deferment of action by the CCC, otherwise, the CCC shall perform its duty and act to confirm or reject the action of the Board at the time of the Board’s initial decision. If the CCC confirms the Board’s decision, it shall do so subject to any suspension or condition of compliance (or because compliance has occurred) that the Board has established.

     16. All decisions of the CCC confirming suspensions and/or fines imposed by the Board shall be reported in the official minutes and must be sent to the violator(s) by certified and regular mail.

E.  FINES AND SUSPENSIONS FOR THE NON-PAYMENT OF ASSESSMENTS:

 Notwithstanding the above, suspensions and/or fines for the non-payment of assessments and other monetary obligations due to the Association may be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 28, 2016 as superseded by Section 720. 305, Fla. Stat. and shall not be submitted to the impartial Covenant Compliance Committee for review and action. As provided in Subsections 720.305(3), (5) and (6), Fla. Stat.:

(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. 

(5) All suspensions imposed pursuant to subsection (3) .... must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.

(6) The suspensions permitted by paragraph....subsections (3).... apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

 Fines and suspensions for delinquent monetary obligations may be imposed by the Board of Directors at a duly called and noticed meeting of the Board.  Upon the levying of a fine or imposition of a suspension, notice of same shall be promptly given to the property owner and in appropriate cases other violator(s) by mail or hand delivery.

 F. FINES AND SUSPENSIONS FOR VIOLATIONS IN COMMERCIAL AREAS:

 Notwithstanding the above, suspensions and/or fines to be imposed for violations in the commercial areas of Wekiva shall be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 28, 2016 and shall not be submitted to the impartial Covenant Compliance Committee for review and action. No such suspension or fine may be imposed until the person who is to be fined or whose use rights are to be suspended is afforded the opportunity of a hearing before the Board. Notice of such hearing shall be given in the same manner as is provided for in paragraph D6 above.

 G. COLLECTION OF FINES:

 Fines imposed hereunder shall be deemed an indebtedness due the Association from the violator against whom it is imposed, which shall bear interest at the highest lawful rate until paid.  The Association may collect said fine(s) using any method permitted by law or in equity, including but not limited to those remedies afforded the Association under Article IV, Sections 1 and 8 and Article VII of the Declaration. Should it be necessary for the Association to employ an attorney to collect such indebtedness, in addition to such interest, the Association shall be entitled to recover the costs and expenses thereof, together with a reasonable attorney's fee, pursuant to the Bylaws as amended on dated April 28, 2016.

 H. ENFORCEMENT OF SUSPENSION:

 The Association may enforce any suspension imposed hereunder using any and all available legal and equitable remedies. Should it be necessary for the Association to employ an attorney to enforce such suspension, the Association shall be entitled to recover the costs and expenses thereof from the defaulting party, together with a reasonable attorney's fee, pursuant to Section 720.305, Florida Statutes.

 I. ADDITIONAL REMEDIES:

  The foregoing rights and remedies afforded to the Association shall not be exclusive, but shall be cumulative and in addition to all other legal and equitable rights and remedies available to the Association, specifically including mandatory pre-suit mediation pursuant to Section 720.311, Fla. Stat. which is a viable, affordable and successful means of enforcement of covenants and rules in homeowner associations throughout Florida.  The Association shall carefully consider this as a means of enforcement, both when recommended by the ACC or the CEC and as an independent means of enforcement in lieu of or in addition to fining and/or suspension of voting and common area use rights. The process to be used for mandatory pre-suit mediation shall be a set forth in the statute.

05/13/91

06/20/94

07/18/94

08/21/95

09/18/95

11/20/95

05/20/96

03/20/97

06/26/97

08/30/05

05/26/16

14.01  RESIDENTIAL USE OF PROPERTY -  The term "residential purpose" as used in the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, and any amendments and supplements thereto or this Code, shall be defined as any non-commercial and non-industrial activity reasonably suited for a community of single and multi-family homes.  As an example, the following list of activities shall be deemed to be a "non-residential purpose":

1. The sale of gasoline or other flammable products;
2. The operation of a day care facility, except as allowed by 14.02 below;
3. The repair of motor vehicles for profit;
4. The commercial warehousing or storage of goods;
5. Any activity which unreasonably increases vehicular traffic on or surrounding a particular residence or lot;
6. The renting or leasing of rooms or suites to unrelated persons for income.

The above list is not exhaustive, but rather is presented as an example of those types of activities which do not fall within the definition of "residential purpose".

14.02  FAMILY DAY CARE HOMES 

WHEREAS, all lots in Wekiva are bound by recorded restrictions which state in part as follows:

No Lot shall be used except for residential purposes.

WHEREAS, the Association has the power to adopt rules relating to that issue, and, in fact has adopted the above Rule 14.01, and 

WHEREAS, it has come to the Association's attention that the owners and residents of some homes in Wekiva are utilizing them as family day care homes, and are charging a fee for such service, and

WHEREAS, there is every expectation that additional home owners and residents will undertake the supplying of such services, and

WHEREAS, the State of Florida has expressed a public policy favoring certain limited family day care use in residential areas. 

This was done in Sections 125.0109 and 402.302 of the Florida Statutes by providing that the operation of residences as family day care homes as defined in these statutes shall constitute valid residential uses for purposes of any local zoning regulation, and 

WHEREAS, while the Association is not bound by the public policy which is put forth by the above cited Florida Statutes, (See Taylor v. Ridge At The Bluffs Homeowners Association, Inc., 579 So. 2d 895 (4th DCA 1991), it agrees with the underlying theories of the statutes, and

WHEREAS, while commercial day care facilities are still prohibited in Wekiva, the Association has determined that it will treat the family day care homes as defined below as residential uses, and will place reasonable limitations on the same so as to protect the interests of other home owners and residents in Wekiva.

NOW THEREFORE, the following rules shall apply to all family day care services which are to be supplied in Wekiva:

1.  WEKIVA FAMILY DAY CARE HOME/ DEFINITION:  For purposes of this rule, the definition of "Wekiva Family Day Care Home" (hereinafter sometimes referred to as "WFDCH") is as follows:

"Family day care home" means an occupied residence in which child care is regularly provided for no more than five preschool children from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit.  The maximum number of five preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver.  Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed 10."

2.  WEKIVA FAMILY DAY CARE HOME/WHEN ALLOWED:  Wekiva Family Day Care Homes will be allowed in Wekiva only if the following standards are met:

A.  APPLICATION:  Prior to the commencement of the operation of any WFDCH, the owner or resident of the lot upon which the services will be supplied must submit an application to the Wekiva Association reflecting at least the following information:

     i.  Location:  The exact location of the proposed WFDCH.

     ii.  Owner's Approval:  The fact that the applicant owns the lot upon which the WFDCH will be operated or, if the applicant is a non-owner, proof that the owner approves of such use of the property.

     iii.  H.R.S. License:  That the applicant has registered with, and obtained a license to, operate a Family Day Care Facility on the applicant's property from the Florida State Department of Health and Rehabilitative Services. (hereinafter sometimes "H.R.S.")

B.  LOCATION OF WFDCH's:  In order to avoid possible traffic congestion, to avoid a concentration of WFDCH's in the area in proximity to the proposed location, to avoid a circumstance where the applicant's location, taken in combination with other WFDCH's and other residences in Wekiva, would result in the nature and character of the area being substantially altered, to take in to consideration the unique characteristics of condominiums and townhome complexes where persons reside in close proximity to each other and share common facilities, and to insure that the general comfort and welfare of other owners and residents of Wekiva are protected, the following location requirements shall apply:

     i.  Distance:  No WFDCH will be permitted if it will be located within a radius of 1,000 feet of another existing WFDCH.  This distance requirement shall be measured from the nearest point of the lot line of the lot upon which the existing WFDCH is located to the nearest point of the lot line of the lot upon which the proposed WFDCH will be located.

     ii.  Condominiums and Townhomes:  No WFDCH will be permitted in the following condominium or townhome complexes:

     Wekiva Hunt Club Condominiums

     Wekiva Fairway Townhomes

     Governors Point East

     Governors Point West

     Wekiva Country Club Villas

     Villas on the Green

C.  APPROVAL OF APPLICATIONS:  If the Association determines that the applicant owns the lot upon which the proposed WFDCH will be located, or that the owner approves of such use, and further determines that the applicant has a current, valid H.R.S. license; then the application shall be approved if the location standards as set forth above are met.  Otherwise, the application will not be approved.  

D.  TEMPORARY APPROVAL:  Because the approval of the WFDCH is based in part on the holding of a valid H.R.S. license, the approval is temporary in nature and will automatically expire if the license is revoked or made invalid for any other reason.  

E.  GRANDFATHERED WFDCH'S:  Any WFDCH which was in existence on December 14, 1992, the date of this rule, excluding those located in Condominiums and Townhome complexes, will be permitted to continue as long as the operator of the facility had a Florida State Department of Health and Rehabilitative Services license for that location on that date and supplies  proof of the same to the Association within sixty (60) days from the date that the owner of the WFDCH receives written notice from the Association to do so.  The distance requirements shall not apply to these grandfathered facilities.

F.  APPROVALS ARE PERSONAL:  Any approvals granted by the Association shall be personal to the applicant and shall not be assignable to any other party.  The approval shall not run with the land.

G. BABYSITTING EXCLUDED:  This rule shall not apply to periodic babysitting services supplied by residents of Wekiva and the same may be continued without Association approval.

H.  OTHER RESTRICTIONS:  All approved WFDCH's must additionally comply with all other Wekiva rules and restrictions.

12/14/92

08/16/93

Pursuant to Article IX of the By-Laws of the Wekiva Hunt Club Community Association, Inc. (Association), the Board of Directors of the Association shall appoint an Architectural Control Committee, a Nominating Committee, a Parks Committee, and a Tennis Committee and such other committees as it deems appropriate in carrying out the purposes of the Association.  For continuity purposes and to the extent possible, the Board shall appoint committee members for staggered two-year terms.  However, all committee members shall serve at the pleasure of the Board of Directors and may be removed with or without cause by the Board at any time.

1. See also Section 12.03 concerning the Parks Committee.
2. See also Chapter 13 concerning Architectural Control Committee.

11/11/91

16.01  GENERAL -  Wherever a variance is permitted elsewhere in these codified rules they shall be subject to the following provisions:

(A)  Application - All such variance requests shall be made by filing an application for the same on a form which is promulgated from time to time by the Association.  The application may require surveying, engineering and other necessary information which shall be supplied by, and at the expense of, the applicant.

(B)  Filing fee - A filing fee which shall be set from time to time by the Association shall accompany the application.  The fee shall be set to cover the actual costs and expenses to be incurred by the Association in the processing of the application.

(C)  Notice - Notice of the application and the time and place of the hearing of the same by the Association shall be given by first class mail, postage prepaid, to all owners of lots that abut and adjoin the lot in question.  A proposed form of notice is attached to this Chapter as Exhibit A.

(D)  Time for hearing - The Association shall hear the variance request at the next regularly scheduled Board meeting only if the application, and all necessary information, is filed at least fifteen (15) working days prior to that meeting.  If the application is not timely filed, then the hearing may be held over until the next regularly scheduled Board meeting or the Association may hold the hearing if justice will be served.  The Association reserves the right, but shall not have the obligation, to hear any variance request at a special Board meeting.

(E) Hearing - At the variance hearing, all parties in attendance shall have a full opportunity to present facts, evidence and testimony.  This shall be subject to Board decisions concerning such matters as time, relevance and repetition.

(F) Decision - The Association shall have fifteen (15) days after the close of the hearing to render its decision.  The Board shall decide when the hearing is closed.  The failure of the Association to render its decision within such fifteen (15) day period shall in no way result in the variance being granted.

(G) Prohibition - Under no circumstances can or will the Association grant variances from direct prohibitions contained in the Wekiva Declarations.

16.02  VARIANCE STANDARDS - A variance will not be granted unless and until the applicant meets one of the following standards:

(A) General Variance Request:

 A general variance will not be granted unless and until it is shown to the satisfaction of the Board that:

1. Special conditions and circumstances exist which are peculiar to the land, involved which are not applicable to other lands in Wekiva.
2. The special conditions and circumstances do not result from the actions of the applicant.
3. Approval of the variance requested will not confer on the applicant any special privilege that is denied by the Declaration of Covenants or this Code to other lands.
4. Literal interpretation of the provisions contained in the Declaration or this Code would deprive the applicant of rights commonly enjoyed by other properties in Wekiva and would work unnecessary and undue hardship on the applicant.
5. The variance approved is the minimum variance that will make possible the request.
6. Approval of the variance will be in harmony with the general intent and purpose of the Declaration and this Code and such variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
7. In addition to the above there may be specific variance standards for each request.  These specific standards, if any, will be found in Rule 16.04.

(B)  Variance Requests as a Result of Approved Architectural Changes:

 A variance requested as a result of approved architectural changes will not be granted unless and until it is shown to the satisfaction of the Board that:

1. Approval of the variance requested will not confer on the applicant any special privilege that is denied by the Declaration of Covenants or this Code to other lands.
2. Literal interpretation of the provisions contained in the Declaration or this Code would deprive the applicant of rights to reasonably complete the improvement project which has been approved by the Architectural Control Committee.
3. The variance approved is the minimum variance that will make possible the request.
4. Approval of the variance will be in harmony with the general intent and purpose of the Declaration and this Code and such variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
5. In addition to the above, there may be specific variance standards for each request.  These specific standards, if any, will be found in Rule 16.04.

16.03  VARIANCE CONDITIONS -  In granting any variance, the Association may prescribe appropriate conditions and safeguards.  The violation of such conditions and safeguards shall be deemed a violation of the Wekiva Declarations and shall subject the applicant to the penalties provided for therein.  At a minimum, each variance shall carry with it a condition that all record owners of the subject lot will execute an agreement in recordable form which will contain provisions such as the following:

(A) That, in addition to the covenants, all construction is subject to governmental restrictions.

(B) That, at such time as it may be determined that the variance violates any provision contained in the Declaration, the owner shall remove the improvement at the owner's sole expense.

(C) That, the owner shall hold the Association harmless against any loss, injury or damage which might occur to the owner to any third party as a result of the granting of the variance.

(D)  That, it is understood that the Association may not be the final legal authority as it relates to the variance therefore, the owner will hold the Association harmless from any loss or damage that may arises from the granting of the variance.

An example of such an agreement is attached hereto as Exhibit "B".

16.04  SPECIFIC STANDARDS -  In addition to the general standards outlined in Section 16.02 above, the Board shall review the following specific standards for the following matters.  These standards are for example only and other factors may be used by the Board in making its decisions.

(A) Fences and Walls In Easements (See Chapter 5)

     1.  Will the fence or wall:

          a.  damage or interfere with the installation and maintenance of utilities, or

          b.  interfere with the construction or use of utilities in said easement, or 

          c.  obstruct or retard the flow of water through drainage channels in the easements, or

          d.  interfere with the construction or use of sidewalks/bikepaths or associated facilities.

     2.  What is the distance from the proposed fence or wall to the edge of the existing sidewalk/bikepath.

     3.  What is the distance from the proposed fence or wall to any existing fence or wall located across the easement.

     4.  What is the effect of the proposed fence or wall on major landscaping areas.

     5.  What is the effect of the proposed fence or wall on existing trees.

     6.  Where is the fence or wall located in relation to abutting or surrounding fences, walls or improvements.

     7.  In the case of replacement fences or walls, what is the location of the fence, wall or improvement which is being replaced.

(B) Fences or Walls In Front Yards (See Chapter 6)

     1.  Will the fence or wall:

          a.  interfere with the sight lines for traffic  safety, or

          b.  unreasonably block the views that presently exist for surrounding houses, or

          c.  create drainage problems for surrounding properties.

(C) Pools, Pool Deck Material and Pool Enclosures In Easement (See Chapter 5)

     1.  Will the pool, pool deck material or pool enclosure (hereinafter "pool structure"):

          a.  damage or interfere with the installation and maintenance of utilities, or

          b.  interfere with the construction or use of utilities in said easement, or

          c.  obstruct or retard the flow of water through drainage channels in the easements, or

          d.  interfere with the construction or use of sidewalks/bikepaths or associated facilities. 

     2.  What is the distance from the proposed pool structure to the edge of the existing sidewalk/bikepath.

     3.  What is the distance from the proposed pool structure to any existing fence located across the easement.

     4.  What is the effect of the proposed pool structure on major landscaping areas.

     5.  What is the effect of the proposed pool structure on existing trees.

     6.  Where is the proposed pool structure to be located in relation to abutting or surrounding fences or improvements.

     7.  In the case of replacement pool structures, what is the location of the pool structure which is being replaced.

(D) Utility Sheds, Slabs, Pads in Easement (See Chapter 5)

     1.  Will the Utility Shed, Slab or Pads (hereinafter "Improvement"):

          a.  damage or interfere with the installation and maintenance of utilities, or

          b.  interfere with the construction or use of utilities in said easement, or

          c.  obstruct or retard the flow of water through drainage channels in the easements, or

          d.  interfere with the construction or use of sidewalks/bikepaths or associated facilities.

     2.  What is the distance from the proposed Improvement to the edge of the existing sidewalk/bikepath.

     3.  What is the distance from the proposed Improvement to any existing fence located across the easement.

     4.  What is the effect of the proposed Improvement on major landscaping areas.

     5.  What is the effect of the proposed Improvement on existing trees.

     6.  Where is the Improvement to be located in relation to abutting or surrounding fences or improvements.

     7.  In the case of replacement Improvements, what is the location of the Improvement which is being replaced.

10/12/92

11/09/92

12/13/96

05/31/01

06/28/10 

FIXING ANNUAL MAINTENANCE ASSESSMENTS

COLLECTION OF ASSESSMENTS

ANNUAL FINANCIAL REPORTS

BID REQUIREMENTS / EXCEPTION

PART I - PURPOSE OF THIS CHAPTER 

All property owners in Wekiva are members of the Wekiva Homeowners Association and are therefore bound by the terms of the recorded Declaration to pay annual maintenance assessments.  The purpose of this Chapter is to set forth the Association's policies as they relate to:

     A.  The fixing of annual maintenance assessments;

     B.  The adoption of annual budgets;

     C.  The collection of annual maintenance assessments; 

     D.  The preparation and communicating financial reports; and

PART II - DOCUMENT AND STATUTORY PROVISIONS RELATING TO THESE MATTERS

The applicable provisions relating to the above referenced matters, which are found in the Declaration, the Articles of Incorporation and the By-Laws of the Association, and in the Florida Statutes as they exist as of June 1, 1996 are as follows:

A.  DECLARATION: 

The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board of Directors.  (Section 7, Article IV)

Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum.  The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property.  (Section 8, Article IV)

B.  ARTICLES OF INCORPORATION:

(The Association shall) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration;  (Section (b), Article IV)

C.  BY-LAWS: 

As more fully provided in the Declaration, (it shall be the duty of the Board of Directors) to:

1. fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
2. send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
3. foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring action at law against the owner personally obligated to pay the same.  (Section 2 (c), Article VII)

As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by continuing lien upon the property against which the assessment is made.  Any assessments which are not paid when due shall be delinquent.  If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) (sic) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment.  (Article XI)

D. STATUTORY REQUIREMENTS:

1.  Required Components of Budget:  "The Association shall prepare an annual budget.  The budget must reflect the estimated revenues and expenses for that year and the estimated surplus or deficit as of the end of the current year.  The budget must set out separately all fees or charges for recreational amenities, whether owned by the Association, the developer, or another person." (Section 617.303(6), Florida Statutes)

2.  Notice Of Budget:  "The Association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member."  The copy must be provided to the member within ten (10) business days after receipt of a written request for the same.  (Section 617.303(6), Florida Statutes)

3.  Notice That Assessment Will Be Levied:  "Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. ... An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments." (Section 617.303(2), Florida Statutes)

4.  FINANCIAL REPORTING:  "The Association shall prepare an annual financial report within 60 days after the close of the fiscal year. The association shall, within the time limits set forth in subsection (5), provide each member with a copy of the annual financial report or a written notice that a copy of the financial report is available upon request at no charge to the member.  The financial report must consist of either:

     (a)  Financial statements presented in conformity with generally accepted accounting principles; or

     (b)  A financial report of actual receipts and expenditures, cash basis, which report must show:

          i.  the amount of receipts and expenditures by classification; and

          ii.  The beginning and ending cash balances of the association."  (Section 617.303(7), Florida Statutes)

PART III - GENERAL TERMS AND PROVISIONS

For purposes of this Chapter, the following terms and provisions shall apply: 

A.  ANNUAL ASSESSMENT PERIOD:

The annual assessment period for Wekiva shall be the calendar year.

B.  MAXIMUM ANNUAL ASSESSMENTS VS. ANNUAL ASSESSMENTS:

The maximum annual assessment is different from the annual assessment and may be increased each year not more than three 

percent (3%) above the maximum assessment for the previous year without a vote of the members as provided for in the Declaration.  The Board may fix the annual assessment each year at an amount not in excess of the existing maximum assessment.

C.  ABSOLUTE DEADLINE FOR FIXING AND NOTICING ANNUAL ASSESSMENTS: 

The Board must fix the amount of the annual assessment and notify the members of such assessment at least thirty (30) days in advance of December 31st of each year.

PART IV - PROCESS OF FIXING ASSESSMENTS AND ADOPTING BUDGETS

To the extent possible, the Association shall comply with the following guidelines for the fixing of annual assessments and the adoption of annual budgets.  Unless otherwise required by law, failure to strictly follow these guidelines shall in no way affect any such assessments or budgets.

JULY:

1.  The Board shall appoint a "Budget Committee" at its July general board meeting.

AUGUST:

1.  Prior to the August general Board meeting the Budget Committee will meet at a properly noticed meeting to discuss and prepare a rough draft budget for the upcoming year.  The Management Company will give advice and counsel to the committee and will assist in insuring that the form of the proposed budget will comply with the statutory requirements.  If possible, the rough draft budget shall reflect year end figures for the last full year, the current figures for the current year and an estimate of the year end figures for the current year.

2.  In late August or early September, the Directors will meet and conduct a properly noticed budget "workshop" meeting (allow approximately three hours).  At this workshop meeting, a line-by-line discussion will be held with the purpose of understanding the nature of each category, and upcoming plans and needs.  After the workshop meeting, the Treasurer will, if necessary, revise and redraft the budget with the advice and counsel of the Management Company.

SEPTEMBER:

1.  At its September general board meeting the board will again discuss the refined proposed budget, allowing those members present the opportunity to provide input concerning the same.

OCTOBER:

1.  The October newsletter will announce to the members that at the October meeting the Board will:

     a.  Fix the annual assessment for the upcoming year;

     b.  Fix the annual tennis court fee for the upcoming year; and

     c.  Discuss the proposed budget for the upcoming year.

A prominent notation will be included in that newsletter inviting all members to the meeting to discuss the proposed assessment, tennis court fee and budget.  Sample wording for such notice is:  "Homeowners are cordially invited to the October xx meeting to discuss the 19xx annual assessment, tennis court fee and budget".  

This newsletter must be mailed in sufficient time to be received by the members prior to the October general board meeting.

2.  At least 48 hours before the October board meeting, the Management Company shall post the statutory meeting notice with a statement that assessments will be considered at the October meeting along with a statement of the nature of the assessments.

3.  At the October meeting the board will fix the annual assessment and the annual tennis court fee for the upcoming year.

4.  The proposed budget will be discussed and refined at that meeting but no final action will be taken thereon.

NOVEMBER:

1.  The November newsletter will:

     a.  Announce to the members that the Board has fixed the annual assessment and tennis court fee for the upcoming year and set forth the amount of such assessment and fee; A sample notice is:  "At its October meeting the Board of Directors fixed the 19xx annual assessment at $XXX per year and fixed the 19XX annual tennis court fee at $xxx" per year; and

     b.  Include a copy of the proposed budget,  along with an invitation to all members to attend the November meeting to discuss the same.  Sample wording for such notice is:  "Homeowners are cordially invited to the November xx meeting to discuss the 19xx proposed budget".

This newsletter must be mailed in sufficient time to be received by the members prior to the November general board meeting.  This will insure that the members are notified of the fixing of the annual assessment at least thirty (30) days in advance of the annual assessment period (the calendar year) which is required by the Bylaws. 

2.  At the November Board meeting, the Board will again discuss the proposed budget.  Homeowners will be given the opportunity to ask questions and provide input concerning the same.  At the conclusion of the discussions, the proposed final budget, in the proper statutory form, will be prepared by the Treasurer with the advice and counsel from the Management Company.

DECEMBER:

1.  The December newsletter will inform the members that the final budget will be adopted at the December general Board meeting.

This newsletter must be mailed in sufficient time to be received by the members prior to the December general board meeting,

2.  The final budget will be distributed to the Board of Directors at the December meeting and will also be distributed to those homeowners who attend the December Board meeting.

3.  At the December Board meeting, the Directors will make any last minute changes, if any, and formally adopt the final budget.

PART V - PROCEDURES FOR COLLECTION OF ASSESSMENTS  

A.  PAYMENT NOTICE/ MAILING DATE/COPY OF ADOPTED BUDGET: 

No later than January 4th of each year a written notice requiring the payment of assessments that were fixed as provided for above shall be sent to every owner subject thereto.  This shall be done by way of a written statement sent to each owner by first class mail, postage prepaid.  The statements shall be sent to the last address which is on file with the Association.   A copy of the adopted budget shall be included in every payment notice.

B.  PAYMENT DATES / DELINQUENCIES / LIENS / COLLECTIONS:

Unless specifically changed by the Board, the due dates for the payment of the annual assessments shall be as follows:

1. Annual Assessments are due on February 1 of each year. (Fees are payable in advance).
2. Assessments not received by March 2nd are delinquent, and interest shall accrue from that date.
3. After March 2nd a second notice of payment will be sent to those owners who have not paid their assessment by that date.  This second notice shall inform the owners of the Association's intent to lien the owner's property and shall add interest from March 2nd at six percent (6%) simple interest.  This second notice shall be mailed before April 1st to the last address on file with the Association by first class mail, postage prepaid.  Any owner who pays their assessment after March 2nd shall pay interest even if the payment is received before the second notice is prepared or sent.
4. Owners who still have not paid their assessments by May 1st will receive a third notice which will be delivered by certified and regular mail, which will insure that every effort has been made to contact the owners.  This notice shall include at least the same information as was contained in the second notice.  No additional charges shall be added, however, interest shall continue to accrue.   
5. If payment is still not received by June 1st, a lien will be prepared and recorded in the public records of Seminole or Orange County, as is appropriate.  Upon return of the recorded lien from the County, a final notice will be mailed to the owner by first class and certified return receipt mail (postage prepaid) informing them of the non-payment and the result thereof.  In addition to the amounts already charged, any administrative charges that are charged by the Management Company to the Association may be charged to the owner to cover postage, recording, administration and satisfaction fees. 
6. If fees are not received within 30 days from the date that the third notice is mailed to the owner, the account, including the lien will be turned over to the association's legal counsel for collection.  Additional fees and costs will be charged at this time by the Attorney as is appropriate.
7. At any time during the above described collection process, the Association may commence the fining procedure as outlined in Chapter 13 of this code in an effort to collect the assessments.  This fining procedure shall be in addition to the above described collection method.

PART VI - WRITE-OFFS AND INSTALLMENT PAYMENTS

A.  RECEIVABLE WRITE-OFF:

After all efforts to collect fees, including legal actions, have failed, the Treasurer of the Board of Directors will recommend to the Board the write-off to uncollectible accounts.

B.  INSTALLMENT PAYMENT REQUEST: 

Any resident requesting installment payments for annual dues must fill out a request form and be present at a Board meeting for review. 

 PART VII - ANNUAL FINANCIAL REPORTS

As required by Section 617.303(7), Florida Statutes, the Association shall prepare an annual financial report within 60 days after the close of the fiscal year.  The association shall, within the time limits set by law, provide each member with a copy of the annual financial report or a written notice that a copy of the financial report is available upon request at no charge to the member.  The financial report must consist of either:

(a)  Financial statements presented in conformity with generally accepted accounting principles; or

(b)  A financial report of actual receipts and expenditures, cash basis, which report must show:

1.  The amount of receipts and expenditures by classification; and

2.  The beginning and ending cash balances of the association."

PART VIII - BID REQUIREMENTS / EXCEPTION

A.  For all expenditures exceeding $2,000.00, three bids must be secured by the management company from licensed, qualified vendors or service providers.  In the event that three (3) bids are impractical to secure, the Board may approve of a lesser number of bids or may avail themselves of the exception provided for in subparagraph F below.

B.  Specifications for the specific project shall be placed in writing by the management company subject to approval by the Board of Directors.  The specification shall be provided to each perspective bidder.

C.  Copies of the specifications and copies of the bids, including total bid amount and detail services to be provided, shall be submitted to the Board of Directors, prior to the board meeting at which they are to be considered.

D.  The Board of Directors will select a bid assuring the best implementation of the project based on the specifications, including consideration of the quality of the resulting project or service and the cost.

E.  The project shall not be artificially split into individual projects to avoid the $2,000.00 level requirements for competitive bidding.

F.  Notwithstanding the above, the Board may extend existing contracts and transactions or enter into new contracts and transactions with a vendor or service provider without requiring the above bidding process, but only if the directors determine, by duly adopted motion, that to do so is in the best interest of the Association.

8/16/93

12/13/96

12/17/96

1/23/97

7/22/99

8/26/99

2/24/00

18.01  BASIS AND PURPOSE OF RULE:

The Master Declaration, and all Supplemental Declarations provide for the removal of trees in the following fashion:

Trees.   No large trees measuring six inches (6") or more in diameter at ground level may be removed without the written approval of the Association unless located within ten (10) feet of the main dwelling or accessory building or within ten (10) feet of the approved site for such building.

The purpose of this rule is to set forth the standards to follow in order to implement this declaration provision.

18.02  PERMITS:

The approval process for the removal of any tree shall be as follows:  

A.  WHEN PERMIT NOT REQUIRED:   No permit nor approval is required when a tree to be removed is located within ten (10) feet of the main dwelling or accessory building or within ten (10) feet of the approved site for such building, regardless of the size of the tree.

B.  WHEN PERMIT REQUIRED:  In all cases other than that described in A above, a tree removal permit must be obtained from the ACC whenever a tree that exceeds six inches (6") in diameter at ground level is to be removed from any lot.

18.03  WHEN PERMIT WILL BE ISSUED:

Tree removal permits will only be granted if the applicant can establish, to the satisfaction of the ACC, that one of the following circumstances exist: 

     A.  The tree is diseased, injured, or in danger of falling;

     B.  The tree is so close to an existing or proposed structure that it will endanger such structure, interfere with utility service, or create an unsafe vision clearance.

18.04  CONDITION OF APPROVAL: 

     A.  As a condition of the granting of a permit, the applicant may be required to relocate the tree being removed to another location on the same lot or may be required to replace the tree being removed with another tree of a type listed on attached Exhibit "A".

     B.  The applicant will be required to remove all tree stumps of trees measuring six inches (6”) or more in diameter at ground level to a minimum of two inches (2”) below final ground surface.  Bare areas shall be covered by appropriate materials in order to match existing ground cover.

18.05  APPEAL RIGHTS: 

Any applicant who is aggrieved by decision of the ACC, either as to the removal of the tree(s) or the replacement of the same, may appeal the decision to the full Board, who has the right to uphold, reverse or amend the decision of the ACC. 

18.06  OTHER RESTRICTIONS:

In addition to the above, it will be the responsibility of any person who wishes to remove a tree to ensure that they have complied with all other tree removal restrictions.  This includes, but is not necessarily limited to, governmental requirements and restrictions which may exist in sub-area declarations. 

09/20/93

05/25/17

The following rules shall apply to the color of houses, fences, walls and other structures located in Wekiva.

19.01  DEFINITION/PAINT AND PAINTED:

For purposes of this rule the terms "paint", "painted", "re-painting" or "painting" shall refer to the establishment of paint, stain, or other coating of any type (including siding) to the exterior of a house, fence, wall or any other structure in Wekiva. 

19.02  ACC APPROVAL REQUIRED:

To insure that a consistent and harmonious scheme of exterior colors exist in Wekiva, prior approval by the ACC is required before the exterior of any house, fence, wall or other structure located in Wekiva is painted.  This applies to the re-painting as well as the initial painting of any such house, fence, wall or other structure.

19.03  SUBMITTAL REQUIREMENTS/EXCEPTION: 

 In addition to the general information required on all ACC applications, all applications for painting must contain at least one or more of the following:

1. Manufacturer’s swatch showing exact color.
2. Submit actual paint sample on 8 ½” x 11” board or acceptable medium.
3. Submit a Board of Directors preapproved color which is on file at the Association offices (See 19.04).

The ACC may also require a 4’ x 4’ sample to be painted on the home which will be viewed by the ACC members and either approved or disapproved.  Where more than one color or variation of a color is planned, the application must also include the location on the home where each specific color or variation of color will be used (i.e. body of home, trim, front door, etc).  The ACC will review the same and will only approve the color if the same is in harmony with the overall, general and existing scheme of exterior colors in Wekiva.  For purposes of this review, the ACC may disregard those limited houses, fences, walls and structures which are presently outside of the overall, general and existing scheme of exterior colors in Wekiva.

19.04  PRE-APPROVED COLORS:  

The ACC reserves the right, but not the duty, to pre-approve certain colors for use in Wekiva from time to time.  These colors may be pre-approved for use on designated areas (e.g. trim, main structure, fences, walls).  If the ACC should do so, these colors must also be approved by the Board of Directors with the date of such approval being placed on the approval document (i.e. color chart).  These colors will then be placed on file in the Association office.  For all such pre-approved colors, in addition to the general information required on all ACC applications, the application must only reflect the proposed color, and the location that the color will be used.  

19.05  PROHIBITED COLORS:

The ACC reserves the right, but not the duty, to prohibit certain colors for use in Wekiva from time to time.  Any colors not preapproved by the Board of Directors and on record at the Association office are prohibited colors.  Any unapproved colors submitted to the ACC will be judged by the ACC members and may be approved on a case by case basis. 

07/17/95

05/31/01

08/26/10 

Above-ground pools are prohibited.  An above-ground pool is defined as any pool in which standard installation would make the normal high-water line sit above the surrounding ground level.  The only exceptions to this rule are hot tubs/spas and portable plastic kiddie pools which are allowed.

12/19/95

A. Inspection

1. A member or a member’s authorized representative (hereinafter “Member”), desiring to inspect the Association’s records shall submit a written request to the Secretary or manager of the Association.  The request must specify the particular record subject to inspection including pertinent dates or time periods.  The request must be sufficiently detailed to allow the Association to retrieve the exact records requested.
2. Inspection of records shall be limited to those records specifically requested.
3. No Member shall submit more than one written request for inspection of the same record in a six (6) month period unless good cause is shown.
4. The Association will not create or generate a document or a report that it would not otherwise create or generate unless it is required to do so by law or its governing documents.
5. Inspection of records will be limited to those records that exist at the time of the request.  No request for future documents will be accepted.
6. The Association will not conduct a records search or research or cull out records (e.g. a request for all minutes where a particular item was discussed will not be accommodated).  The Member must ask for specific documents or items which will be retrieved from the relevant storage media.
7. All inspection of records shall be conducted at the Association’s office or at such other location designated by the Association.  No Member shall remove original records from the location of inspection.  No alteration of the original records shall be allowed.
8. Records shall be made available for inspection by the Association on or before the tenth (10th) working day subsequent to actual receipt by the Association of a written request for inspection having the required specificity.  This time frame may be extended by written request of the Member.  In addition, this time frame shall be extended in the event records are so voluminous or otherwise in such condition as to render this time frame unreasonable.  The Association shall notify the Member by telephone or in writing, that the records are available and the time, date and place for such inspection.  Inspection shall be made only during normal Association business hours or normal business hours of the location of inspection if other than the Association office.  (For the purposes herein, the term “working day” shall mean Monday through Friday, exclusive of federal, state and local holidays in which the office of the Association is closed.  For purposes herein, “normal business hours” shall be the hours that the Association office is customarily open, or the hours at the location where the records are inspected is customarily open, or if there are no customary hours, then 9:00 a.m. to 12:00 noon, and 1:00 p.m. to 5:00 p.m of each working day.)
9. A Member shall be required to pay any and all actual costs or expenses incurred by the Association relating to the official records inspection.  This shall include, but shall not be limited to, any and all costs for personnel who will be present during the review.

B. Copying

1. Except as provided in paragraph C below, if a Member or authorized representative (hereinafter “Member”) desires to obtain a copy of any records, the member shall designate in writing which record is desired or in the alternative shall designate such record by use of a tab or clip upon the pages desired.  Any written request shall designate the specific record or portion thereof.  Copies of the record shall be available within ten (10) working days of the request.  In the event the above referenced time frame is impractical due to the voluminous nature or condition of the records, then copies will be made available as soon as is practical.
2. Except as provided in subparagraph C below, a Member shall pay the actual costs of providing copies, including the reasonable costs of labor required to retrieve the requested records from the storage media in which they are maintained by the Association.
3. Copying of records shall be limited to those records specifically requested.
4. No Member shall submit more than one written request for copying of the same record in a six (6) month period unless good cause is shown.
5. The Association will not create or generate a document or a report that it would not otherwise create or generate unless it is required to do so by law or its governing documents.
6. Copying of records will be limited to those records that exist at the time of the request.  No request for future documents will be accepted.
7. The Association will not conduct a records search or research or cull out records (e.g. a request for all minutes where a particular item was discussed will not be accommodated).  The Member must ask for specific documents or items which will be retrieved from the relevant storage media.

C. Governing Documents

Notwithstanding the above, the Association shall maintain an adequate number of copies of the various Declarations, the Supplemental Declarations, and the Wekiva Code, as well as the Articles of Incorporation and Bylaws of the Association to ensure that they are available to members and prospective members upon request.  No written request will be required to obtain a copy of these documents, but a charge of twenty-five cents ($.25) per page will be charged for each such document, with payment being required at the time of delivery.

D. Manner of Inspection

1. No written request for inspection or copying shall be made in order to harass any owner, resident or Association agent, officer, director or employee.
2. All persons inspecting or requesting copies of records shall conduct themselves in a business-like manner and shall not interfere with the operation of the Association office or the officer where the records are otherwise inspected or copied.

E. Exceptions

Records which are protected by the attorney/client privilege or any other privilege or right shall not be made available for inspection or copying.

F. Log of Activity

The Association shall maintain a log detailing:

i.  The date of written request for inspection or copying.

ii.  The name of the requesting party.

iii.  The records which are requested.

The Association shall retain the above records for a seven (7) year period.

07/21/96

09/16/96

10/24/96

22.01 GENERAL STATEMENT: 

While the Wekiva Declarations prescribe various types of building materials that may be used in the Wekiva community, all of them require the use of “finished materials”.  The following representative language is found in the Master Declaration:

ARTICLE VIII 

GENERAL RESTRICTIONS

Section 8. Building Materials. Only finished materials such as  brick, stucco, painted concrete block, painted siding block and wood shall be used for the exterior surfaces of buildings and structures on the side or sides exposed to the street.  (Emphasis added.)

22.02 DECLARATION OF CERTAIN VINYL SIDING AS A “FINISHED MATERIAL”: 

The Association hereby declares that vinyl siding that carries the Vinyl Siding Institute’s certification logo, shall generally qualify as a “finished material” as required by the Declarations and therefore may be used for the exterior surface of buildings and structures subject to the below requirements.

22.03   BOARD APPROVAL REQUIRED:   

Notwithstanding the above declaration, vinyl siding will only be permitted after the Board is supplied with a copy of a sample of the siding to be used to determine appropriateness of its use on that particular building or structure.  The Board has the sole and absolute right to approve or disapprove the use of vinyl siding in each particular case. 

22.04 COLOR OF VINYL SIDING: 

If approved for use, the color of all vinyl siding must comply with the requirements of Chapter 19 of this Wekiva Code.

7/26/01

23.01 GENERAL STATEMENT: 

While the Wekiva Declarations prescribe various types of building materials that may be used in the Wekiva community, all of them require the use of “finished materials”.  The following representative language is found in the Master Declaration:

ARTICLE VIII

GENERAL RESTRICTIONS

Section 8:  Building Materials:  Only finished materials such as brick, stucco painted concrete block, painted siding block and wood shall be used for the exterior surfaces of buildings and structures on the side or sides exposed to the street (Emphasis added.)

23.02 DECLARATION OF CERTAIN METAL ROOF AS A “FINISHED MATERIAL”: 

The Association hereby declares that metal roof that carries the UL’s highest classification for wind, fire and impact resistance, shall generally qualify as a “finished material” as required by the Declarations and therefore may be used for the exterior roofing surface of buildings and structures subject to the below requirements.

23.03 DELETED

23.04 COLOR OF METAL ROOFING: 

If approved for use, the color of all metal roofing must comply with the requirements of Chapter 19 of this Wekiva Code.

5/22/03

8/20/21

24.01 GENERAL STATEMENT: 

Article VIII

General Restrictions: 

Section 22: Other Restrictions.  The Architectural Control Committee shall have the authority, from time to time, to include within its promulgated Residential Planning Criteria other restrictions, as it shall deem appropriate. The following rules shall apply to “Decorative Driveway Finishes” located in Wekiva.

24.02 ARCHITECTURAL CONTROL COMMITTEE APPROVAL REQUIRED:  

 The Association hereby declares that:

• Brick/Brick Pavers
• Stamped concrete
• Acrylic Applications
• Exposed Aggregate
• Colored Concrete

may be used for decorative driveway finishes subject to the approval of the Architectural Control Committee (ACC).  The ACC requires a sample of the decorative driveway finish to be used to insure that a consistent and harmonious scheme of colors exist in Wekiva.  Where more than one color or variation of color is planned, the ACC application must also include the location where each specific color or variation of color will be used.  The ACC will review the same and will only approve the color if the same is in harmony with the overall, general and existing scheme of exterior colors in Wekiva.  All other paints or driveway material are strictly prohibited and finishes noted above must be maintained in an aesthetically pleasing manner, whereby any discoloration, chipping, peeling or fading must be prohibited. 

Property owners installing driveway finishes subject to Section 24.01 without    

ACC approval will be subject to the following:

• Owner will be required to obtain ACC approval
• If within the ACC review process, the installed driveway finishes are found not to be in compliance; such finishes shall be fully removed at property owner’s expense and replaced with permitted finishes as outlined in this Chapter within sixty (60) days of the ACC’s findings, or as directed by the ACC.

Notwithstanding the above, the Association may utilize any other enforcement tool permitted by the Governing Documents or by Florida law.

10/23/03

The following rules shall apply to the keeping of a dog or other permitted pets in Wekiva:

25.01 The Wekiva Declaration provides as follows:

Article VIII, Section 5, Animals:  No animals, fowl or reptiles shall be kept on or in Lots, or on the Properties or additions to the Properties except for caged birds kept as pets & domestic dogs & cats.  Provided that such dogs and cats shall not be allowed off the premises of owner’s site except on a leash.  In no event shall such pets be kept, bred or maintained for any commercial purpose.

Article VIII, Section 13, Offensive Activity: States that “all domestic animals shall either be kept on a leash or kept within an enclosed area”.

25.02 The following rule shall apply:

The keeping of a dog or other permitted pet in Wekiva is a conditional license. This conditional license is subject to termination at any time by the Association upon finding that a dog or other pet is vicious, is annoying to other residents, or has in any way become a nuisance.  The owner of a pet assumes liability for all damage to persons or property caused by the pet or resulting from its presence on the Property.  A dog must be kept on a leash at all times when outside an enclosed area.

05/20/04

No new or replacement mailbox receptacle shall be constructed without the written approval of the Architectural Control Committee.  A picture of the proposed box construction will be submitted along with the proper ACC form prior to replacement.
The mailbox container must be approved by the Postmaster General guidelines as to height, size, quality and strength.  Mailbox design must be in harmony as stated in Article V of the Declaration of Covenants, Conditions and Restrictions.  It is strongly recommended for safety and security reasons, that house numbers be placed on all mailboxes or visible on the front elevation of all homes.

27.01 DEFINITIONS

1.  Sign - small advertising that can be placed on a street-facing lawn or elsewhere on a property to advertise something for sale or for rent, a yard sale, a garage sale, an open house, or to express the support for an election candidate, by the property owner.

2.  Special event- An occurrence or activity that exists for a limited period of time and generates temporary impacts, at a specific location. A special event may be located on a specific property, consisting of uses or activities offered to the general public that are not contemplated in the approved site plan or other development approval, and that are generally consistent with the applicable zoning district. Such events may include, but are not limited to, open house, yard sale, garage sale, or estate sale.

3.  Commercial - involving or relating to the buying and selling of goods and/or services.

4. Temporary –limited period of time, not permanent.

5. Real Estate Sign – A for sale, for rent, or open house sign. 

27.02 FOR SALE AND FOR RENT SIGNS

1. Signs are to be five (5) square feet or less.

2.  All signs shall be placed in front yard and are to be set back not less than ten (10) feet

from edge of sidewalk or from edge of curb if no sidewalk.

3.  Only one (1) for sale or for rent sign is permitted on property.

4.  No signs shall be located as to create a hazardous traffic condition.

5.  Sign shall be removed within 15 days of the close of escrow or date of rental of property.
Extensions must be approved in writing by the Architectural Control Committee. 

6.  Signs must be professional in nature and not handwritten.

27.03 SPECIAL EVENTSIGNS

1.  Special event signs may only be displayed Friday, Saturday, and Sunday.

2.  Special event signs must be removed no later than 6 pm on Sunday.

3.  Special event signs may be placed as follows;

     a.  One sign at each of the three (3) main community entrances.

     b.  One sign at each main cross street leading to owner lot.

     c.  One sign on owner lot.

27.04 POLICTICAL OR CAMPAIGN SIGNS

 1.  Political and/or campaign signs can be displayed beginning on the date the candidate qualifies to run for office or the issue qualifies to be placed on the ballot until seven days after the election or the candidate or issue is withdrawn, whichever comes first. 

 2.  The maximum number of political or campaign signs that can be on a parcel is one per qualified candidate and one per qualified issue to be placed on the ballot. Signs are required to be on owner lot only and cannot be placed within the rights-of-way.  No signs are to be placed on any common areas of Wekiva.

27.05 COMMERCIAL SIGNS

 1.  No commercial signs are allowed on any residential lot within Wekiva.  This includes commercial flags, pennants, or other such devices.

27.06 FLAGS

Flags are allowed per Florida Statues Section 720.304(2). (See below).  Any other flags are subject to the prior written approval of the Architectural Control Committee.

 720.304  Right of owners to display flag

     (2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

     (2)(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

03/18/21