Deed restrictions are a summary of the rules and regulations that pertain to the residents of Beacon Woods East Home Owners Association.   (HOAs) This is a system to cause the neighborhood to keep its appeal and not be cluttered with junk cars, stored boats and trailers, lean-tos, dump trucks, and all the things that cause a neighborhood to look like a dump.

Florida regulates HOAs through Chapter 720 of the state documents. This chapter is very general. The HOA also must conform to county regulations.

When the builder created this development of Beacon Woods East he further added restrictions which we call “Deed Restrictions and Conditions of Beacon Woods East” which are registered with the county recorder’s office and are also a part of the laws that regulate or control our property. Enforcement of HOA regulations is the duty of the Association and carries the status of law. It is enforced through the courts by action taken by the HOA.

This document is a summary of the content of OR3080 and requires a review of the document for a complete picture of its content. This is not a substitute for the full document.

Article One is definitions of terms such as Association, Common Area, Declarant, Declaration, Lot, Owner, Parcel, Properties, and Voting Members and what they will mean in this document.

Article Two pertains to property rights such as right and easement of enjoyment in and to the common area, right to charge reasonable fees, voting rights, right to use the common areas and any recreational areas, right of the association to dedicate or transfer common areas, Delegation of use, right of the association to establish reasonable rules etc. governing the use lots and common areas.

Article Three pertains to membership, voting rights, who shall vote,

Article Four is a covenant for maintenance assessments. Creation of the Lien and personal obligations of assessments, purpose of assessments, maximum annual assessments, special assessments for capital improvements, notice of a quorum for any action authorized, special assessments emergency, uniform rate of assessments, date of commencement of annual assessments, effects of non-payment of assessments, subordination of the lien property to mortgage, exempt property, sale or transfer of lots-change of lot ownership,

Article Five pertains to architectural control. Any changes to the property outside of the basic building must have a permit from the HOA. Also the time limits for action and the requirements for a full plans and specifications must be submitted.

Article Six The Association will maintain the common areas but not do any maintenance of private property, except if the owner fails to maintain in a manner satisfactory to 2/3 of the board, the board may through its agents or employees do the maintenance and add it to the assessments for that particular property.

Article Seven specifies:

A-Single family residence and who is a single family.

   No commercial or business operations.

   No accessory buildings can be placed on the lot.

B-Nuisances   Rubbish, refuse or garbage not allowed to accumulate.

   All cans & containers for refuse must be kept out of visibility from the front.

C-No soliciting of any kind shall be permitted within or upon the properties except charitable organizations. (see deed restrictions)

   No flyers or hand-outs shall be permitted.

D Lawful use   no immoral, improper, offensive or unlawful use shall be made of the properties.

E -1   No fences or hedges or similar improvements can be erected without written approval of the HOA. Maximum height for a fence is four (4) feet and a hedge is (5) feet. Solid board or wall fences that obstruct any view may not be added to the lot. No fence shall be erected or maintained in any front yard or any yard facing a street or avenue unless it is hidden from view by means of hedges.

E -2 Clothes lines or driers must be mounted in the back yard. If the house is on the corner the drier or lines must be 25 feet from the edge of each street.

E -3   Outdoor permanent clothes lines shall be prohibited.

E -4   All garbage & trash containers, oil, water & gas tanks must be placed and maintained below ground level or in an enclosed area. Outdoor grills must be kept in the rear yard.   No rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist.

E -5   No signs allowed on any property except for sale or for rent professional signs with the agents name and phone number. (Max size is 5 square feet)[Garage sale signs see E-10]

E -6   All yards & lawns shall be maintained in neat condition. No artificial material shall be installed on lots in place of natural sod grass. It is the owner’s responsibility to maintain the property.

E -7   Driveways may not be extended more than an aggregate of eight (8) feet and be pleasing to the committee.

E -8   No dish antennas (except as federal law permits them), only one outside TV antenna of a standard variety and extended no more than 10 feet above the house roof.

E -9   The parking or storage of vehicles, except upon the paved areas of the properties is prohibited. The overnight parking of vehicles of any kind upon the properties’ roadways is prohibited. The parking of trucks, commercial vehicles, trailers, motor homes, campers, recreational vehicles, commercial vehicles and inoperable vehicles of any type on any properties, unless inside a covered garage is prohibited. Delivery trucks or service trucks can park while performing service. A description of a commercial vehicle is given in this section.

E -10   Garage sales are permitted once a year with permission from the HOA. Requested notice is to be 15 days before sale. Conditions and descriptions are given here.

F   Insurance Rates   No owner shall permit anything to be done or kept on his Lot, or any common areas, which will increase the insurance rates on any other Lot or Common Area, or will interfere with the rights of other properties.

G   License   Whenever it is necessary to enter on a property for the purpose of performing any maintenance, alterations or repair to exterior of the Lot or to any portion of Common Areas, the owners shall permit an agent of the Association to enter upon such Lot at a reasonable time except in emergencies.

H    Modifications.   Basically any modifications outside of the basic building structure require permission from HOA.   This section gives easement dimensions and requirements.

I   Portable or temporary buildings.    No portable or temporary building, shed, trailer, trailer base, tent, shack, garage, carport or other outbuildings may be placed on any portion of the properties except for temporary sanitary facilities. Play-houses, dog houses, dog runs, play enclosures, and playground equipment of any kind shall require Architectural approval.

J   Damages.   The owner of each Lot must promptly correct any condition on their Lot which, if left uncorrected, would adversely affect any other property.

K   Animals   No animals can be raised or bred on any properties. Normal household pets may be kept providing that any time they are outside of the building thay must be in complete control of the owner.

L   Walls & Fences.   All placement, repair, removal of fences must have Architectural approval.

M   Trees.    Basically the property owner is responsible for maintaining trees on his property. The removal of trees that are 4” in Diameter at 24” above ground require permission from HOA and may require permission from the county. Normal tree and bush maintenance may be done without HOA permission.

N    Pools   No above ground swimming pools or wading pools shall be placed upon or maintained on any lot. Installation of hot tubs and pools are permitted with Architectural approval.

P   Appeal   The Board of Directors make the final decision regarding Architectural Committee decisions and Use Restrictions. These decisions may be appealed in writing 30 days before the board meeting.

Q    Hearing   The Board of Directors is empowered to conduct a hearing; wherein the evidence of the violation is submitted by testimony and written affidavit. The board may reprimand the violator or institute a fine. Any fines are collectable in the same manner as a Maintenance Assessment.

Article Eight   Discusses Party Walls which do not exist in this community.

Article nine   Methods and procedures for making additions to the HOA or adding new properties.

Article ten

Section 1   The Association, or any Owner, shall each have the right to enforce, any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration.    Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.   The successful party to any litigation under this chapter shall be eligible to reimbursal of its attorney’s fees and costs associated with such litigation,.

Section 2   Severability   Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.,

Section 3   The covenants and restrictions of this declaration shall run with the land.

Section 4   Amendments   These documents may be amended by signatures of 50 percent of the property owners.


Written by Harold A. Hickey