TIVOLI WOODS VILLAGE B OAK CREST COVENANTS RULES AND REGULATIONS ARC REGULATIONS VIOLATIONS & FINES ADOPTED AUGUST 11, 2009 1 Oak Crest At Tivoli Woods General Rules and Regulations Adopted August 11, 2009 ADMINISTRATION ‐ Billing and Collection Procedures GENERAL INFORMATION a) The Board of Directors determined the Annual Association Assessment. The Board has established that the assessment shall be paid quarterly. b) To ensure the proper crediting of your payment, enclose the payment stub or write your complete account number on your check. Payments must be paid in U.S. funds. Checks without a clear account number may be returned. The Association will not be responsible for any late charges incurred on an account when payment has been returned for any clarification. STATEMENTS AND PAYMENTS The information regarding the payments applies to all members of the Association. a) All assessments are due by the first (1st) day of the month of the due date, 18% APR interest will be charge if not paid within thirty( 30) days after the due date. b) All payments are applied to the oldest owing assessments first (late charges, collection fees, etc) and any remainder is applied to current assessments. PAYMENTS NOT RECEIVED WITHIN THE THIRTY (30TH) DAYS ITS CONSIDERED DELINQUENT. DELINQUENT ACCOUNTS a) Payments shall be delinquent after the 30th days of the due month. Assessments not paid within the 30th day shall be subject to a late charge of 5% and a written notice will be sent to the owner at the address of record advising of the delinquent status of the account and the late fee. b) Thirty (30) days after the due date, a ten (10) days demand letter will be sent to the property owner. c) Forty­five (45) days after the due date, the account shall be turned over to the Association attorney for collection and attorney’s charges will be assessed against the account. A letter will be send to the owner at the address of record by the attorney, advising of the delinquent status of the account and of the additional legal fees that are now due and owing. 2 d) Fifty (50) days after the due date, the claim of lien shall be recorded in the County Courthouse in accordance with the laws of the State of Florida. Such lien shall be for all the assessments due, late charges, attorney and/or lien fees and costs as are permitted by the law. As soon thereafter as permitted by the Florida Law, the lien shall be foreclosed upon. e) Should the HOA’s lien rights be destroyed or otherwise rendered unenforceable in whole or in part, then the HOA may seek a personal money judgment against the member for all assessments, costs and attorney’s fees that may be due from the member, as incurred by the Association. f) Notwithstanding the foregoing, the Board of Directors may from time to time make exceptions or grant extensions of time to a member, when in the sole discretion of the Board, it has been determined that extenuating circumstances exist so as to warrant such exception and/or extension, and the Board receives reasonable assurance that such monies as may be due to the Association will be pay by virtue of said exception and/or extension. g) The foregoing policies and practices shall remain in effect until such time as they may be changed, modified or amended by a duly adopted resolution of the Board of Directors. SPECIFIC ASSESSMENTS The Administration Fee for the Association having to maintain a homeowner’s lawn shall be $50.00 per occurrence. This amount will be added to the lawn service cost. The total cost for the lawn service and the administrative fees shall become a specific assessment against the homeowner’s lot. The specific assessment shall become immediately due and payable in all respects and will be levied upon a vote of the Board of Directors, after notice to the homeowner and an opportunity for a hearing. CHANGE OF ADDRESS In order to change your billing address, contact the Association in writing. It is the owner responsibility to maintain the Association informed of the current mailing address. Late charges, which are incurred because the Association did not receive written notice of an address change will not be waived. SALE OF HOME It is the responsibility of the owner/seller to notify the escrow company/buyer that the Association must be contacted in writing seven business days before the transfer of ownership is completed. The owner of record is responsible for payment of assessments until the close of escrow/transfer of ownership. Any pro­rations of assessments are done by escrow. GARAGE SALES The Homeowner’s Association shall be notify at least 14 days in advance. The garage sale must be held between the hours of 8:00 am and 2:00 pm. All the signs posted for it must be removed upon completion of the garage sale. All any unsold items must be re­ moved from public view within 24 hours of the completion of the garage sale. 3 ENFORCEMENT PROCEDURES The membership, by virtue of its purchasing a property in Tivoli Woods Village B, has consented to the adoption, by the Board of Directors, of a schedule of specific fines and penalties for violations of the Declaration, Bylaws and/or the Association Rules and Regulations. The Association acting through the Board of Directors shall have the full right and authority to impose fines upon the Owner of any Lot who causes or permits any violations of any terms or condition of the Rules and Regulations. All fines levied by the Association if not paid on time can secured by a Lien. Fines will be billed and collected in the same manner as homeowner periodic assessments. All fines are due and payable within seven (7) days after they are billed. SCHEDULED OF FINES All fines shall have a minimum of $50 or the amount equal to cover the Association expense to correct the issue, including administrative costs. All Owners shall receive a First Warning and the fine shall be imposed seven (7) calendar days later for any first and second offense. For any subsequent offenses by the same Owner, a fine will be issued without warning. Failure to comply will result in subsequent fines until the issue is resolved, there is to no limit to the dollar amount if the individual does not correct the issue. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. The Association, in its discretion, may take legal action to bring the property into compliance. All legal fees and costs incurred by the Association may be assessed to the legal owner and, if unpaid, may be the basis for a claim of lien on the property. The current owners notification procedures of non­emergency violations is as follows: a) A letter is sent to the homeowner notifying them of the violation in the event he/she is not aware, he/she, has violated one of the Rules and Regulation of Tivoli Woods Village B. A Compliance hearing must occur within fifteen (15) calendar days after the date of the notice. b) If the violation is not corrected a second letter is sent by the Property Manager, a designated committee member or a Board member. c) If the violation continues and its observed again by the Property Manager, a designated committee member or a Board member, a third letter is sent to the owner advising him/her that the account will be turned over to the Association attorney if the violation continues. d) If the violation is not corrected, the Board has the right, after reasonable notice to the homeowner to correct the deficiency. The violation will be added to the Board agenda for review and to decide if it should be sent to the attorneys to seek injunctive relief. The attorney will then seek to rectify the condition by corresponding with homeowner and by seeking injunctive relief through the court system. The cost of the maintenance will be assessed against the homeowner and is not to be considered part of the annual homeowners 4 association dues. Any attorney’s fees (including fees of an appeal, court costs and other fees or costs of collection as provided) will be the obligation of the violating homeowner. If the violation is of the nature that it is difficult to detect by the Property Manger, designated committee member or a Board member, three (3) writing complaints from three (3) different homeowners can be substituted for the violation being seen by the Property Manager, designated committee member or Board member. ARCHITECTURAL REVIEW No building, wall, fence or other structure or improvement of any nature (including, without limitation, pools, screen enclosures, patios, play structures, awnings, and shutters, exterior painting, landscaping) may be erected, placed, or altered on any Lot until the construction plans and specifications and a plan showing the location of the improvement or structure have been provided to and approved by the ARC in writing and all necessary governmental permits have been obtained. The ARC has the absolute right to approve or disapprove said plans for any reason including aesthetic considerations. The responsibility of the architectural review is to ensure that the harmonious, high­quality image of Oak Crest is implemented and maintained. All plans must be sent to the ARC by certified or registered mail, return receipt request. If any improvements request for the Architectural review filed after the work have begun or completed is subject to a late filing fee as established by the Board of Directors and/or subject to removal and/or a fine may be imposed. ($100.00 if the improvement is under $500, $200 if the improvement is from $501­$1,000. $400 if the improvement is from $1,000­$5,000, etc. The Board of Directors will take any and all actions necessary to enforce all Rules and Regulations. AIR CONDITIONERS No window or wall air conditioning units shall be permitted. All exterior air­Conditioning, pool or spa filtration and mechanical equipment must be located in a side or rear yard and must be screened from neighbors or public view by landscaping which is mature enough at planting to provide a substantial screening effect. Shall remain in the original location as placed by the developer at the time of construction. Units may be relocated due to the installation of a pool or lanai, provided they do not encroach setbacks and or easements. Prior ARC approval must be obtained. ANIMALS No animals, livestock, poultry of any kind shall be raised, bred, or kept on any Lot, or any other animals not commonly considered household pets should be kept on the properties. No breeding for any commercial purposes or in any manner or quantity, which presents a nuisance to other Owners. No person owning or in custody of a dog shall allow the dog to stray or go upon other Lots without the consent of the Owner of such lot. All pets shall be kept on a leash that is continually under the control of the owner when is outside of the owner’s Lot. A total of four (4) pets or a total aggregate weight of one hundred fifty pounds (150), which ever applies, the maximum permitted. 5 PETS In order to maintain a harmonious environment for all Oak Crest residents and in recognition of the need for animal control and residents’ rights to enjoyment of the Oak Crest community, procedures were defined which would provide residents with the most efficient method to handle animal problems, and a reasonable and equitable policy for the Association to use for the purpose of processing animal questions and complaints. Dogs and human waste cannot be placed in community trash containers in the common areas. Residents are required to take waste home and dispose of it properly. Pet owners are responsible for cleaning up the waste after their pets. Pet owners shall be responsible for any offensive actions of their pets, including barking, running loose, waste cleaning up and properly discarded. Pets considered to be a nuisance are subject to removal by Orange County Animal Control. The Association will monitor verbal and written complaints concerning dogs off leash and/or dog waste nuisance within the covered property, including any common area, street or other public place or upon private property or premises, other than the owner Lot. Written complaints and unleashed pets on private, public or common areas will be issued a warning by the Association if the alleged nuisance has affected other residents. ANTENNAS Without a prior written consent of the Architectural Review Committee, no exterior radio, TV, CB or other electronic, aerials or other devices shall be allowed, except if federal, state or local law expressly requires that such device be allowed. No satellite dishes shall be permitted on any Lot unless the placement is authorized by the ARC. ARC approval of any such satellite dish shall be based upon a determination that the satellite dish is small size and placed at a low elevation so as not to be visible from adjacent or nearby streets. BAR­B­QUE GRILLS Bar­B­Que grills may be allowed in the backyard. BURNING No burning or incineration of trash, refuse or scrap of any kind is permitted within Tivoli Woods, Oak Crest. BASKETBALL GOALS No basketball goals, poles or structures shall be affixed to a home. A basketball goal, pole or structure shall be situated perpendicular to the adjacent street and not closer than fifteen (15) feet from the street right of way line. No basketball structure of any kin can be placed in a backyard. 6 BOATS No boats shall be parked or store on any lot or on any of the common properties or common areas or on any portion of a lot which is visible from any of the common properties or common areas or from any road or other lot within the property. Non­motorized boats, canoes and windsurfing boards are not allowed in any of Oak Crest lakes. BUILDING REPAIR No building or structure shall be permitted to fall into a state of disrepair. The owner of every home or structure is responsible at all times for keeping the building in good condition and adequately painted or otherwise finished. In the event any building or structure is damage or destroyed, the owner is responsible for the immediate commencement of repairs or reconstruction. BUILDING ­ TEMPORARY No tents, trailers, vans, shacks, tree houses, tanks or temporary or accessory buildings or structures shall be erected or permitted to remain on the properties. BUSINESS No owner or resident may conduct or carry on trade, business, profession or any other type of commercial activity upon lot which unreasonably disrupts the residential ambiance of Tivoli Woods, Oak Crest. This includes: a) Prohibit commercial or business activity by any Owner, or b) Make it obvious that a business is being conducted, such as by regular or frequent traffic In and out of the Subject Property by persons making deliveries or, c) Pick­ups, by employees or other business associates, or by customers or clients. d) No in­home day care is permitted. CLOTHES DRYING No portion of any of the Properties shall be used as a drying or hanging area for laundry of any kind. COMMUNITY POOL The Tivoli Woods Oak Crest community pool is for the use and enjoyment of Tivoli Woods Oak Crest homeowners, residents, and their guests only during the hours of 8 AM to dusk. The pool cannot be “rented out” to those outside the community. Children under sixteen (16) years of age must be supervised by an adult at all times while using the pool. All homeowners, residents, and guests using the community pool do so at their own risk. Glass containers, beer, wine and liquor are not permitted in the pool at any time 7 CONSERVATION AREAS If your property backs up to a conservation area, special care needs to be exercised. It is illegal to dump anything into, or disturb in any way the beyond your lot line. This includes clearing, sodding, mowing, dumping dead or cut tree or landscaping, dumping furniture or garbage, etc. Should you have any questions, please contact the St. Johns River Water Management District (SJRWMD). DESIGN GUIDELINES Treatment of the site must relate harmoniously to adjacent sites and structures that have a visual relationship to the proposed construction. The interest of neighboring properties must be protected by making reasonable provisions for such matters as access, surface water drainage, sound and sight buffer, preservation of views, light and air, and other aspects of design, which may have a substantial effect on neighboring properties. The proposed construction must be compatible with the design characteristics of the property itself, adjoining properties, and the neighborhood setting. Compatibility is defined as harmony in style, scale, materials, color and construction details. DRAINAGE No changes in elevations of property subject to these restrictions shall be made which will cause undue hardship to adjoining property or be inconsistent with the approved draining plans for Oak Crest or any part thereof. DRIVEWAYS All driveways shall be maintained and kept in a neat and clean condition, free of refuse and debris. All residence was built with at least two (2) car garages. All driveways were built with concrete driveway and walkway. No driveway or walkway shall be painted. Pavers may be acceptable, but must be approved by the ARC. Power washing shall be a regular maintenance to keep driveways and sidewalks free from mildew, mold and automobile fluid stains. DUMPING Dumping of any debris, including but not limited to garbage, grass clippings and tree limbs, vehicle or cooking oils, is not permitted within Tivoli Woods, Oak Crest. This shall include all permanent green space, retention ponds, street drainage and the East Orange Outfall Canal. 8 EASEMENT PLANTINGS All plantings in the easement area, between the sidewalk and the curb, shall be subject to the architectural review. As general rules, planting is limited to street trees only. EXTERIOR LIGHTING Entry lights and carriage lights may be replaced from the original with new lights in the same style as the original unless approval obtained for alternative style. FIREARMS No firearm use (including but not limited to rifles, handguns, bows and slingshots) or hunting is permitted within Tivoli Woods Oak Crest. Orange County Police will be notified of all violations. FENCES, WALLS AND HEDGES EXTERIORS Owner shall maintain the Living Unit and improvements upon his Lot in good condition. In particular, the exterior of all Living Units including, but not limited to, roofs, walls, windows, screening, fences, patio and garden areas, pools, and pool decks, and awnings, shall be maintained by the Owner in good condition and repair and in neat and attractive manner. All block walls must be struccoed, bricked or stone as originally approved by Lennar/U.S. Home. The initial exterior color and design of all houses and other structures was approved by Lennar/U.S. Home; any change of color MUST be approved by the ARC and not exterior colors on any house or other structure shall be permitted that would be inharmonious, discordant or incongruous with Tivoli Woods, Oak Crest. Removing mildew stains on siding and soffits should be viewed as a regular maintenance. FENCES No fence, wall or hedge will be permitted which exceeds six (6) feet in height. No chain link fences shall ever be permitted. Fences shall only be made of vinyl, ornamental polymer or iron or pressure treated wood and must be kept in good condition and repair. All Fences shall be approximately fifty percent (50%) opaque, unless otherwise approved by the ARC. Post structures must be firmly secured in the ground and be located facing inside the fences so as not to be visible from any street or adjacent lot and only visible from the area enclosed by the fence. All wood fencing shall be painted white on all sides within thirty (30) days after installation and must be maintained in good condition and repair. The ARC must approve the location 9 and placement of all fences. Fences and hedges between a side street line and the side of the house shall not be located more than five feet (5’) from the side of the dwelling line and have landscaping acceptable to ARC. No fence, wall or hedge may be constructed or maintained between a front street line and the front dwelling line. If a lot abuts any lake, pond or conservation area, no wall or hedge will be permitted in the side yards or the rear line of the house. The only allowable fence in this case, would be an ornamental polymer or iron fence, which would need ARC approval. FLAGPOLES Yard­mounted flagpoles are not allowed in residential areas. The ARC has approved the following guidelines for flags: a) Yard mounted flags and flagpoles are not allowed. b) No more than ONE (1) flag may be attached to a house and no flags area allowed on the side of the house. c) Flags, which are offensive in nature, shall not be permitted. “Offensive” includes, but not limited to the following categories of words, expressions or depictions: 1) Profanity or curse words 2) Vulgar or obscene expressions, graphics or depictions 3) Language that uses insulting terms to refer to a race, sex, nationality, religion or handicap. d) Flags mounted on the main structure of the house or garage shall be maximum of 3’ x 5’ or less in size. e) All flags must be secured to a flagpole properly mounted. f) Maximum pole length is 8’. g) Flags must be in good condition and not torn or faded not larger than 41/2 feet by 6 feet. Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day may display in a respectful manner portable, removable official flags, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. 10 FOUNTAINS Fountains not exceeding 60 inches in height are permitted. Fountains may not encroach upon easements or setbacks. The fountain water shall be kept fresh and not be stagnant. Fountains must be kept operational at all times. Fountains cannot be of a sexual or racist nature. GARBAGE DISPOSAL Garbage containers shall kept indoors or at the rear of the dwelling not in view from any adjacent property. Garbage containers and recycling bins can be brought to the curb no earlier than 5 PM the night before trash pick­up and must be removed from the curb before nightfall of the trash/recycling pick­up day. If garbage or trash containers are stored on a side of residence, adequate landscaping must be used as screening. GARAGES All garages must be maintained and operated as such at all times. Garage doors must be maintain clean and/or painted to match the dwelling body color as the original color when build. VEGETABLES GARDENS The general rule is that vegetable gardens will be allowed in rear yards only. The yard must be fenced and the vegetable garden may not be visible from the street. HEDGES No hedges will be permitted which exceeds six (6) feet in height. No hedge may be constructed or maintained between front street lines on the front dwelling line. HOLIDAY DECORATIONS All holiday decorations, including outdoor holiday lights, shall be removed no later than thirty (30) days after the holiday for which they are displayed. HOUSE NUMBERS All houses shall have the assigned numbers properly displayed. The numbers shall not be less than five (5) inches in height or greater than nine (9) inches in height. BARS Bars are NOT permitted to be installed on the exterior of any home. LAKES/PONDS No swimming, fishing or boating is allowed in the lakes and waterways at Oak Crest except in case of an emergency. As like all lakes in Central Florida, the lakes/ponds in Oak Crest may contain alligators or wildlife. 11 PONDS Decorative ponds shall not exceed 36 square feet of surface area. All pond equipment shall be kept from view. Ponds shall not encroach on easements or setbacks. Ponds shall not drain onto neighboring property. The pond water shall be kept fresh and not stagnant. Ponds allowed only at back of property. DOCKS Homeowners are not permitted to erect docks on or adjacent to water bodies. LANDSCAPING Landscaping for the purposes of this section includes front, back and side yards on any lot. Landscaped areas include but are not limited to lawn, river rock, bark, gravel, shrubbery, trees and all planted areas. Initial plantings of trees and shrubs of each completed home was in compliance with all requirements of Orange County and Minimum Property Standards of the Department of Housing and Urban Development. The front, side and rear yards were fully sodded upon completion of each home. ORNAMENTATION The Architectural Review Committee must approve the utilization of non­living objects as ornaments in the landscape. Failure to submit your plans for ornaments in the front yard to the ARC for approval may result in the ornaments being disapproved if they are judged to be incompatible with the design of the style and design of the community. MAINTENANCE OF LANDSCAPED All landscaped areas shall be maintained in live, healthy, growing condition, properly watered, trimmed and edged. Any planting of grass, shrubs or trees, which becomes dead or badly damage, shall be replaced with similar, sound, healthy plants materials. WEEDS Unsightly or weeds growing too more than 4 inches must be removed from landscaped areas (which includes planting beds and gravel, river rock and barked areas) on a year round basis. PLANTS/VEGETATION Plants shall be maintained in a neat, orderly and healthy growing condition, including pruning, and appropriate watering and fertilizing as necessary. Palms need to be maintained. Palm fertilizer should be used in March, June and October. Dead plants shall be replaced or removed. 12 Plants and vegetation, including but not limited to, trees, shrubs and bushes shall be maintained so as to prevent encroachment on, projection across or obstruction of any sidewalk, driveway, walkway or street. Leaves shall be removed from landscaped and paved areas (except where used as mulch) following the last fall of leaves in autumn. Other plant and yard debris shall be removed from all landscaped and paved areas on a regular basis. Trees planted between the sidewalk and street is the homeowner’s responsibility. Please secure in an upright position if leaning. LAWNS Lawns shall be maintained in a neat attractive orderly and healthy condition. Minimum maintenance requirements include watering, mowing, edging, pruning, removal and replacement of dead or dying plants, removal of weeds and noxious grasses and removal of trash. No lawn or landscaped area may be paved or concreted for the purpose of vehicle parking or to create a walking path. No gravel or river rock shall be used as ground cover, except in minimal accent landscaping areas. No white rock, sand or pebbles or the like is permitted for use or substitution for shrubs, ground cover, and mulch or grass lawn. Rocks may be used to accent certain limited areas. St. Augustine grass may be higher than six (6) inches. Grass at edges may be no more than two (2) inches from the paved edge. Grass shall be kept neatly trimmed around all stationary objects. Causing yard clippings, debris, swept onto the storm drains or inlets is against City Ordinance and prohibited. If the lawn contains weeds, bare ground, or dying grass, it must be restored. Once the Association has sent a notice to a homeowner to restore their lawn, that restorations must be done within sixty (60) days from the date of the letter. The only acceptable grass in Oak Crest is Bitter Blue or Floratam St. Augustine. Corner lots, where rear yards are visible from roadways and common areas, must be maintained to meet the standards of Oak Crest. Rear yards of interior lots need to be maintained so they meet the standard for Oak Crest as well. Mowed regularly, especially during the growing season, and be kept no higher than 6 inches. Grass clippings are not to be swept out onto the sidewalks and streets. Must be edged and trimmed so grass is contained in the lawn area and does not encroach onto paved areas (such as sidewalks, driveways and walkways), river rock, gravel or barked 13 areas, or planting beds. Fertilized, as needed, to maintain the health and vitality of a green, weed­free lawn. Chemically treated regularly for insect and weed control. The following is the procedure for sending violations to homeowners regarding lawn maintenance: 1) The first letter to the homeowner will give notice of the violation. The lawn will be rechecked in seven (7) days. If the lawn is not in compliance, a second letter will be sent giving seven (7) days to correct the condition. If the condition is not corrected in the time frame, the letter will state the costs of the fine involved and the fact that a lien will be assessed if the costs are not paid within seven (7) days after the fines its imposed by the fine committee. Repeat offenders will be sent a seven (7) days letter, the second letter (the second letter) only. 2) If the homeowner does not pay the fine amount due within (7) days, the Board may levy to outstanding money owed as specific assessment. 3) The attorney shall then file a lien against the homeowner for the specific assessment. IRRIGATION Automatic irrigation systems must be maintained at all times. Replace heads as necessary and be sure the spray is on the lawn, not on sidewalks or streets. Irrigation wells and pumps draw water from the lakes or ponds are prohibited. LIGHTING No exterior lighting fixtures shall be installed on any residential unit without adequate and proper shielding of fixtures. No lighting fixture shall be installed that may be or may become an annoyance or nuisance to the residents of adjacent residential units. MAILBOXES Mailboxes must be maintained in a neat and attractive manner. A mailbox should not be hanging off its pedestal, tie up with wires or rope or be replaced from the original installed by the developer. Rusting mailboxes must be painted to its original color and original gold numbers added. NUISANCE Nothing shall be done on the properties which is illegal or which may be or may become an annoyance or nuisance to the Neighborhood. In the event of any questions as to what may be or become a nuisance, such questions shall be submitted to the Board of Directors for a decision in writing and its decision shall be final. The Board of Directors has decided to enforce the nuisance violations in the following manner: If the Manager receives a complaint from a Resident that something is being done on the properties that is offensive to them but does not fall under a specific rule and in the Manager’s opinion can be classified as a nuisance, the party will be advised to submit the 14 complaint in writing and that two (2) other Residents from two (2) other households will also need to submit in writing that this complaint is also a nuisance to them. Once the Association receives three (3) complaints in writing from three (3) separate households a violation letter will be sent to the offending party. This procedure must be repeated a total of three (3) times before being presented to the Board for review to determine whether the Association should send the matter to the Association Attorney to file for an injunction. A date picture or video along with a sworn affidavit (which can be obtained from the Property Manager) will be the equivalent of three (3) signed letters used to report a violation to the Association. These are for violations that may not be able to be monitored by the Association Staff or members of the Board of Directors, i.e. unleashed pets, pooper scupper violations, and portable basketball poles in the front yard. A violation letter can be sent, based on the Property Manager’s judgment. QUIET TIME In order to maintain a harmonious environment for Tivoli Woods Oak Crest residents, all homeowners and residents must observe established quiet time during the hours of 11PM to 7AM daily. During the quiet time hours, no obnoxious activity, including but not limited to the creation of excess levels of noise, shall be carried on any Lot or in any street or area within Tivoli Woods Oak Crest, nor shall anything be done therein which may be or become an annoyance or nuisance to homeowners or residents. No motorized device used for yard or home maintenance, including but not limited to lawn mowers, saws, drills, or similar devices, shall be operated during the quiet time hours. Volume settings on car stereos shall be set such that no stereo sound can be heard outside of the vehicle during quiet time hours. PAINT Residents will be required to paint and restore the exterior of the house if the front, back, right or left side is 25% or more faded or washed away, mildewed, chipped or cracked. ARC approval will be required before commencement if color is different. VEHICLE PARKING No motor vehicle shall be parked in Tivoli Woods Oak Crest except on a driveway or in a garage. Parking on lawns or landscaped areas in prohibited. When parking on a street, you must park the same way as traffic flows. Street parking overnight is prohibited. No vehicle shall be parked on Tivoli Woods Oak Crest streets for more than 24 consecutive hours. This is a Tivoli Woods Oak Crest Association, Orange County and City of Orlando regulation and violators may be cited. No commercial motor vehicle or trailer, other than those present on business, may be parked in Tivoli Woods Oak Crest unless inside a garage and concealed from public view. Boats, boat trailers, campers, motor homes, recreational vehicles, buses, trucks, motorcycles or disabled, inoperative or unlicensed motor vehicles or any type must parked inside a 15 garage. The only exception is a homeowner’s personal truck up to a maximum of ¾ ton capacity. Blocking the sidewalks with a vehicle, even if the vehicle is in your driveway is not permitted. This is a City of Orlando regulation and OPD may cite violator. Sidewalks are the right of way. PIPES AND TANKS No water pipe, gas pipe, sewer pipe, drainage pipe or storage tank shall be installed or maintained on the properties above the surface of the ground, except garden hoses and movable pipes used for irrigation purposes or water treatment systems and for pools and spas. No property shall be used for the purpose of boring, mining, quarrying, exploring for or removing oil or other hydrocarbons, minerals, gravel or earth. Provided, however, that nothing contained herein shall prohibit or restrict removal of fill or earth materials to construct or create approved drainage structures (including lake/ponds) or landscaped berms. POLLUTANTS No owner/resident shall discharge or allow to be discharged any pollutant, hazardous waste or toxic material and in the event of such discharge shall be liable for all clean up and cost incurred in connection therewith. PODS CONTAINERS Pods containers will be permitted for a one­week period of time. Prior written approval must be obtained before placing PODS on property. Temporary parking arrangements must also be made. PROPANE GAS Propane tanks are permitted provided they are hidden from view with matures shrubbery and do not encroach easements or setbacks. RECREATION EQUIPMENT Recreation equipment shall not be placed in front or side yards or driveways of houses, nor shall recreation equipment be attached to houses or garages in Oak Crest. Permanently mounted basketball poles are prohibited. Recreation equipment is allowed in rear yards. The rear yard begins at the edge of the rear of the house. Recreation equipment in the rear yard must not exceed 10 feet in height. There is County Ordinance restricting the use of BB guns, and their use is prohibited in Oak Crest. 16 TOY OR PORTABLE BASKETBALL POLES Toy or portable basketball poles may be allowed in the front yard but must be removed by sunset of each day. Portable Basketball poles are to be kept on the side of the house when not in use. The riding of ATV’s recreational vehicle is prohibited on the streets or common areas of Oak Crest. ATV’S The riding of ATV’s recreational vehicle is prohibited on the streets or common areas of Oak Crest City of Orlando may have some restrictions against using play equipment in public streets. If a resident would like to report the act of playing in the street so that the Orlando Police Department can take action, they should contact the police non­emergency number. RESIDENTIAL USE – NO SUBDIVISION All the lots in Tivoli Woods Oak Crest are residential properties with no more than one single­family on each property. Only one (1) family shall occupy each house. Each house shall be occupied as a residence and for no other purpose. RENTAL RESTRICTIONS We observe the City of Orlando restriction regarding the renting of homes. Currently, the City of Orlando has certain restrictions on the renting of houses for periods less than thirty (30) days. If any resident has a complaint regarding the renting of homes for less than thirty (30) days, they should call the City of Orlando Zoning. Any owner of a residential unit shall be entitled to rent or lease such unit if: 1) There is a written rental or lease agreement specifying the tenant shall be subject to all provisions of this Declaration, and failure to comply with any provision of this Declaration shall be constitute default under the rental or lease agreement; 2) The owner gives notice of the tenancy to this Association and is otherwise in compliance with the terms of this Declaration. 3) Homeowners wanting to rent/lease Living Unit must provide perspective tenant’s name and information including an up to date [within 30 days] background and police check for approval of the lease/rental agreement by the Association. The homeowner is responsible for providing the tenant with a copy of the Rules and Regulations, having them sign an agreement provided by the HOA or The Property Management, prior to moving in. No Living Unit may be rented/leased for a period less than six months. Landlord will be required to verify all articles found in the Rules and Regulations on an ongoing basis, if the tenants do not follow these items in full fines will be issued until rectified. The HOA will not tolerate renters who do not follow these rules and regulations. Existing Landlords are required to have their tenants sign the agreement immediately. [see below) 17 RENTAL AGREEMENT Agreement between the Homeowner, the Tivoli Woods Village B – Oak Crest HOA and the Tenant: Tenants agrees to follow all Rules and Regulation, homeowner may decide to accept responsibility of some of the requirements of this document, lawn maintenance etc. The homeowner will be held responsible and fined if any items are not upheld. Home Owner Name:_______________________________________________________________________________ Address:________________________________________________________Phone #:__________________________ Signature:______________________________________________________Date:______________________________ Tenant Name:_____________________________________________________________________________________ Signature:_____________________________________________________Date:______________________________ H.O.A. Representative (Board Member) Name:__________________________________________________________________ Signature:_____________________________________________Date:_________________________________ 18 ROOF MAINTENACE Homeowners must keep their roofs free of mildew. Roof shingles must be of least the fungus resistant three­tab quality. The color of a replacement roof shall match the original color of the roof. The Association will treat the situation as a violation if 25% or more of a roof surface is discolored. SCREEN ENCLOSURES The ARC must approve the pool screen enclosure before installation. SHUTTERS No hurricane shutters shall be installed unless is approved by the ARC. Approved hurricane and/or temporary protective covering shall be allowed only after a hurricane or the U.S. Weather Service has issued tornado watch or warning. Approved hurricane shutter must be opened and protective covering removed within forty­eight (48) hours after the hurricane or tornado watch or warning has ended. No Bermuda shutters are allowed. SIGNS No sign of any kind shall be displayed to the public view on any Residential Property except those, which shall be in compliance with the guidelines established by the ARC. The ARC shall have the right to establish guidelines so as to require a uniform standard for signs in the Properties. See the following ARC guidelines. 1 No signs which are visible from neighboring property shall be erected or maintained on any lot, except signs required by legal proceeding, and or “for sale” and “for lease” signs. 2 A maximum of one (1) “For Rent” or “For Sale” sign is permitted to be displayed on any lot at any given time. Signs from individual real estate companies are permitted. Signs which are substantially hand­written or which do not look professional are not permitted. 3 The sign should not be larger than two feet (2’) by two feet (2’) and contain no other wording other than “For Sale” and the name and address of one (1) registered real estate broker and a phone number for the owner or agent. 4 No signs are allowed to be placed between the sidewalk and the curb. 5 Signs on fences for “Beware of Dog”, “keep Out”, etc can be no larger than 8”x10”. 6 Signs or stickers furnished by commercial providers of security and/or alarm services for the purpose of notifying people that security and/or alarm services exist on premises are permitted based on prior ARC review of size, number and general appearance of any such signs and/or stickers. 7 No other signs, banners, billboards or advertisements of any kind are permitted unless approved by the Board of Directors. 19 The Board has the right to enter a property on which a non­approved sign, banner, billboard or advertisement is located and remove it. OPEN HOUSE SIGNS Only one Open House sign is allowed at the entrance of the Community at any one time. The sign must be placed between the sidewalk and the wall. Signs cannot have any logs or company information on them except the small Realtor logo. It must be generic and say “Open House”. No signs are allowed in the medians. The signs are only allowed on weekends and must be removed promptly. This prohibition includes garage sales, moving, etc. COMMON AREAS All signs placed on these properties must have the approval of the Architectural Review Committee. SOLAR EQUIPMENT Solar collectors, skylights, roof vents and other installations on the roofs of Living Units shall be permitted only at locations approved in writing by the ARC. No solar equipment may be installed without the approval of the Architectural Review Committee. Any solar panels and related appurtenances and equipment shall be designed and constructed to appear as an integrated part of the building architecture. This shall generally mean that the panels shall be roof mounted so that the top surface is flush wit the roof surface, with all appurtenances recessed into the structure’s attic. Solar panels should be located on the rear of side roof of a home whenever possible. The Architectural Review Committee will decide any equipment placement in question. All panels must be flush mounted, and, whenever possible, be located on the rear and side roofs of houses. If the solar panel must be placed on the front of the house, the homeowner will be required to submit a certified survey of the roof, depicting the exact location where the solar panels are to be installed and that the panels will be installed due south. The ARC must approve all solar panels. SOLAR TINTING Solar Tinting must be non­reflective, visible light reflected must be 20% or less. Must have ARC approval. SPEED LIMIT The speed limit in the community is 25 miles per hours. SOLICITATION The Oak Crest Community Association has a NO SOLICITING rule against solicitors coming into the community to your door. 20 STORAGE SHEDS Storage sheds are not permitted in Oak Crest. Home­attached extensions for storage purposes must be submitted for approval of the Architectural Review Committee and are considered home additions. STORM WATER The City of Orlando has required Declarant to install a storm water drainage and retention system with the boundaries of the Properties. No structure, fence or landscaping that interferes with the flow or retention of storm water shall be permitted, and no refuse shall be placed upon or allowed to remain on any part of any Unit within any easement area for storm water drainage. Retention areas, including drainage swales or retention ponds, shall not be filled or otherwise changed so as to alter or block the flow or the quantity of water. Owners of Units, within which any easement for storm water drainage or retention lines are located, shall be responsible for the maintenance of such areas to permit the flow and retention of water in accordance with the storm water drainage and retention system plan required and approved by the City of Orlando. If any owner shall fail to comply with any part or all the restrictions contained in this Section, the Association shall notify the Owner in writing, shall have the right to correct such failure to comply herewith, and to assess and collect the cost thereof and shall have a Lien upon the Residential Unit upon the work was performed. SWIMMING POOLS AND SPAS Prior to construction of a swimming pool or spa, a homeowner should contact the Association Property Manager to arrange for ARC application. As screen or fence plan as well as a plat of the property must accompany all ARC forms for swimming pools and spas with the pool plan indicated thereon. Access to the pool site must be obtained by using property of the homeowner installing the pool. If access is needed using property other than the homeowner’s, a written permission of the other property owner must also accompany ARC application. CHANGES IN LOT GRADING: Homeowners and pool builders should check with the homebuilders to assure that any planned re­grading or their lot, either major or minor, will not affect the flow of runoff water. Most lots are designed to drain from the back yard to the front and any raising of the front yard grade may cause water to collect and pond in the back yard and cause damage to a residence. Any Swimming Pool, screening or fencing of either to be constructed on any Residential Unit shall be subject to the approval and requirements of the Architectural Review Committee, which shall include, but which shall not be limited to the following: a) No portion of a house of other structure shall be erected/extended nearer to the boundary lines of the lot than as permitted by the provisions of Orange County. b) No swimming pools may be located in the front yard of any lot. c) No aboveground pools are ever permitted. d) The framing of any pool screen enclosure or lanai shall be white or bronze. 21 e) Material, design and construction shall meet standards generally accepted by the industry and shall comply with applicable governmental regulations. SWIMMING POOL AND SPA EQUIPMENT All storage tanks, chemical feeders, hearing equipment, and any other aboveground apparatus must be shielded so that such equipment or apparatus is not visible from the street. Pool equipment must be shielded within fifteen (15) days from the date of completion of the pool. Water conditioners must be shielded by dense shrubbery ensuring the shrubbery shields the equipment 100 percent (100%). Water conditioners do not need ARC approval. TIME SHARE No Residential Property or Residential Unit shall be owned or used in multiple or time share ownership requiring registration pursuant to the provisions of the Florida Statutes, as amended from time to time, unless approved in writing by Declarant. TRASH & GARBAGE No lumber, metal, bulk materials, refuse, lawn clipping, lawn debris or trash shall be kept, stored, or allowed to accumulate on the properties except building materials during the course of construction of any approved structure. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers may be placed in the open on any day that a pick­up is to be made at such place as will be accessible to person making such pick­up. At all other times, such containers shall be stored so that they are not visible from the street. The Architectural Review Committee, in its discretion, may adopt and promulgate reasonable rules and regulations relating to the size, shape, color and type of containers permitted and the manner of storage of the same. Trash, garbage or other refuse containers may be in the open after sunset the night before the regularly scheduled, pickup is to be made at such place as will be accessible to persons making the pickup. Trash containers must be removed from view by sunset of the day collected. If the regularly scheduled pickup date is canceled due to a holiday, then containers must be removed until after sunset of the night before the next regularly scheduled pickup date. In addition to trash or other refuse being stored out of view from the street, if trash or other refuse is stored outside of the house, it must be stored in containers with secured lids on them. The purpose of this rule is to make it difficult for animals to get into trashcans, trash bags, etc. It is also to reduce the possibility of stored trash being a health hazard or an odor problem. When trash is put curbside on trash pick­up days, trash must be placed in secure bags, or trash containers with secured lids on them. 22 REFUSE DISPOSAL – There shall be no usage of any commonly owned property, (including lakes/ponds and drainages) for the disposal of or dumping of any type of refuse, biodegradable or non­bio­degradable, under any circumstance. No garbage, trash containers, or yard waste shall be permitted to be seen from surrounding properties except on days of collection. Containers must be stored in garages or behind side yards walls or fences, if stored on a side of residence; adequate landscaping must be used as screening. TRASH­COMMON AREAS The HOA has hired grounds clean –up person to pick up trash on all the major roadways, playgrounds, path, etc. The grounds clean­up person also clean up trash in the lakes/ponds. The HOA will only pick up trash that is in the lake or the ponds that is adjacent to a homeowner’s lot. It is the responsibility of the homeowner to pick up trash on the land between their lot and the water’s edge. TREES SHADE TREES Each resident must maintain two (2) shade trees (one shade tree if street frontage is less than sixty feet) in their front yard, and, if for any reason they are removed, then a replacement tree or trees must be planted with a minimum height of eight (8) feet. Recommended Shade Trees are: Quercus Virginiana – Live Oak Quercus Laurefolia – Laurel Oak Koelreuteria Formosana – Golden Raintree Cinnamonum Camphora – Camphor Tree STREET TREES Only single­trunk trees are allowed in the right­of­way, which is the area between the sidewalk and the street. These trees were planted by the builder prior to closing with a homeowner. The homeowner must replace the street trees after the builder warranty expires as it applies to the street tree should the tree die. All street trees in Oak Crest must be trimmed so that the limbs are fourteen (14) feet high over the street, and ten (10) feet high over the sidewalk. Recommended Street Trees are: Red Maple Acer rybryn Sweet Gum Liquidambar styracidlua ‘Rotunaloba’ 23 Southern Magnolia Magnolia grandiflora Live Oak Quercus virginiana Drake Elm Ulmus paviflora ‘Drake’ Laurel Oak Quercus laurifolia TRELLISES The color of the trellises must match either the trim or body of the houses. The ARC will review the construction of trellises on a case­by­case basis. UNDERGROUND WIRES No lines or wires for communication or the transmission of electrical current or electromagnetic pulses shall be constructed, placed or permitted to be placed on Residential Property unless the same shall be underground, or unless specifically permitted in writing by the ARC. VEHICLE PARKING The Board may from time­to­time promulgate rules which restrict, limit or prohibit the use of any driveway or parking area which may be in front of, adjacent to or part of any Residential Unit as a parking place for personal passenger vehicles, commercial vehicles, trailers, recreational vehicles, self­propelled motor homes, motorcycles and boats. Such rules, if and when promulgated, shall have the same force and effect as if promulgated and initially made a part of the Declaration. Overnight street parking or storage of commercial vehicles is prohibited. Street parking vehicle must parked the same way as traffic flows. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced or repaired on the Properties in such a manner as to be visible from any point on adjacent property or the street. No vehicle, whether a "Prohibited Vehicle" or otherwise, shall be parked on any lawn, landscaped portion of the Common Properties or Common Areas, roadway or other portion of the Properties which is not specifically designed and intended for the parking of vehicles. No disassembly or repair of motor vehicles shall be made in any roadway, driveway, or parking area, except in the case of emergency breakdown. This rule does not include the changing of flat tires, checking or changing of oil or other maintenance checks. This rule will only apply to vehicles that are dismantled. The intent of the Association is to restrict on­street parking for a more aesthetic streetscape and safer vehicle access. Vehicles of residents and their guests are to be parked in garages and driveways. Short­term visitor parking on roadways is limited to twenty­four hours. This is Orange County, City of Orlando and Tivoli Woods – Oak Crest Association Regulations, violators may be cited. 24 VEHICLES –PROHIBITED No "Prohibited Vehicle" shall be parked or stored on any of the Common Properties or Common Areas or stored on any of the Common Properties or Common Area or on any portion of a lot which is visible from any of the Common Properties or Common Areas or from any road or other lot within the Property. For purposes of this section, a "Prohibited Vehicle" is: (1) Any vehicle longer than 21 feet or higher than 8 feet. (2) Any commercial vehicle, i.e., one not designed and used for normal personal/family transportation. Any vehicle bearing commercial lettering, graphics, or other Commercial insignia, except if such lettering is completely covered with magnetic material (or other type coverings intended for outdoor use). The material must be the same color as the vehicle. Exceptions: Factory applied logos depicting the name of the vehicle or logos of non­profit car clubs, and college and University names and logos. The Board may make other exception from time­to­ time. (3) Recreational vehicles (RV), including campers, mobile and motor homes, all­ terrain vehicles, dune buggies, and tow trucks. (4) Trailer of any type. (5) Boats (6) Derelict vehicles, including vehicles with no current license plate or vehicles incapable of self­propulsion. For purposes of this Section, a "Prohibited Vehicle" shall not be deemed to be (even if generally described above) any commercial or public service vehicle present in the Properties while performing services for or on behalf of owners or residents of Oak Crest. All motorized vehicles, including ATV's, motorcycles, go­carts, and similar vehicles are prohibited from entering onto any common areas including parks, bike paths and walkways. Temporary parking for the purpose of loading and unloading recreational vehicles, boats & trailers will be allowed in unit owner's driveway, provided that the Owner has given prior notice to the Association Manager. Parking will be allowed up to eighteen (18) hours for the purpose of loading or unloading. Commercial vehicles that are less than eight (8) feet high and shorter than twenty­ one (21) feet long may be parked for certain short periods of time in the driveways of the resident driver. The Board of Directors may change those periods. Currently, these periods are 11:00 a.m. to 1:00 p.m. and 5:00 p.m. to 7:00 p.m. The commercial lettering does not have to be covered during these exempt times. 25 Blocking the sidewalks with a vehicle, even if the vehicle is in your driveway is not permitted. This is a City of Orlando regulation and OPD may cite violators. Sidewalks are the right of way. Homeowners using garage space as storage areas that prevent vehicles from being parked in garages should seek public storage facilities for these items so that vehicles may be parked in garages. WATER CONDITIONERS Water conditioners must be 100% shielded by dense shrubbery. Water conditioners do not need ARC approval. WILDLIFE MANAGEMENT Domestic ducks are not allowed in common water bodies. WOOD PILES Fire woodpiles must be clean and neat and they are restricted to rear yard locations. 26 ARCHITECTURAL CONTROL GUIDELINES 27 TIVOLI WOODS – OAK CREST ARCHITECTURAL CONTROL GUIDELINES New/Revised Guidelines suggested by the Architectural Review Committee meeting of August 11, 2009, to be added to Declaration of Covenants, Conditions and Restrictions of Tivoli Woods ­ Oak Crest All of the Lots in the Subject Property shall be known and described as residential property and no more than one (1) single­family dwelling may be constructed on any Lot. Each Living Unit shall be occupied by only one (1) family at any time, as a residence and for no other purpose. No Lot may be divided or subdivided without the express written consent of the Association. ARCHITECTURAL REVIEW COMMITTEE − − − − − The ARC was established by the Board under Article I of the Declaration of Covenants and Restrictions for Tivoli Woods Village B Homeowner’s Association. The ARC is composed of three (3) or more representatives appointed by the Board of Directors. The purpose of the ARC is described in Article VI (Restrictive Covenants) of the Declaration of Covenants and Restrictions where it states that the ARC has the absolute right to approve or disapprove said plans for any reason including aesthetic considerations. No structural or improvement of any nature may be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the improvement, change or structure have been provided to and approved by the ARC in writing and all necessary governmental permits and requirements have been obtained. If any improvements stated above are begun prior to receiving written approval from the ARC, a fine may be imposed. A fine of fifty dollars ($50) will be initially assessed with a levy of five dollars ($5) for each day the violation continues. The fines will be $100 if the improvement is under $500, $200 if the improvement is from $501­$1000, $400 if the improvement is from $1000­$5000, etc.) Each improvement or alteration of property must be completed only in accordance with the approved plans and specifications and applicable governmental permits and requirements. 28 − − − See the ARC Request for Approval at the back of this booklet for complete instructions. The Board of Directors will take any and all actions necessary to enforce all rules and regulations. The rights of the resident/homeowner, tenants, guests or invitees to use common area facilities until all dues are current. All items to be entered into Article VI – Restrictive Covenants HOMEOWNER' S REQUIREMENTS ACCESSORY STRUCTURES All accessory structures listed below are to be submitted for approval to the ARC. This list may not be all inclusive and as a general rule improvements similar to those listed here must receive approval prior to construction. The ARC may grant variances to the requirements outlined herein on a case by case basis. ANTENNAS No exterior radio, TV, CB or other electronic antennas, aerials or other devices shall be allowed, except if federal, state or local law expressly requires that such a device be allowed, in which placement shall be approved by the ARC. AIR­CONDITIONING AND MECHANICAL EQUIPMENT All exterior air­Conditioning, pool or spa filtration and mechanical equipment must be located in a side or rear yard and must be screened from neighbors or public view by landscaping which is mature enough at planting to provide a substantial screening effect. Shall remain in the original location as placed by the developer at the time of construction. Units may be relocated due to the installation of a pool or lanai, provided they do not encroach setbacks and or easements. Prior ARC approval must be obtained. ATTIC VENTILATORS Powered attic roof mounted vents shall not exceed 30” in diameter and must be mounted on the rear of the roof. Ridge vents are permitted provided they are covered with matching shingles. Gooseneck vents to match existing are permitted 10 inches wide or less. All vents shall be painted black. No vents are permitted on the front facing portion of any roof. 29 GAZEBO Gazebos shall match home materials and colors for consistency, with prior ARC approval. DECKS The use of natural wood for deck construction is encouraged. This includes redwood, cypress, pressure­treated pine, etc., but does not include any material such as plastic or fiberglass, which may have the visual characteristics of wood. Decks may be permitted within the wetland set backs with prior approval from the appropriate government agency. Construction within a wetland area constitutes an impact to that wetland, which is discouraged by the ARC and considered a violation by permitting agencies. No tent, shack, barn, utility shed or building shall, at any time, be erected and used on any Lot temporarily or permanently, whether as residence or for any other purpose. DOCKS Docks are not permitted. DRAINAGE IMPROVEMENTS No drainage improvements can be made that will direct water in any other direction than was originally designed by the developer. ENTRY DOORS/TRIM Entry doors and trim shall be kept the original color as painted by the developer at the time of construction. Glass inserts are permitted in entry doors clear or frosted glass only. Woods doors are permitted, but staining of wood doors is not permitted. Entry doors can be painted with colors selected from Builders color chart used originally at construction time. EXTERIOR LIGHTING Entry lights and carriage lights may be replaced from the original with new lights in the same style as the original unless approval obtained for alternative style. 30 TRELLIS/ARBOR Materials and colors used for any trellis or arbor construction shall comply with materials and colors on the primary residence. The use o f wood is encouraged. FLAGS Banners and flags may be temporarily displayed on a single pole attached to the front facade of the house at a 45 degrees angle. Permanent display would be subject to regular community maintenance standards as illustrated in. SOLAR WATER HEATERS Exposed pipes extending up the sides of the home shall be painted the same color as the walls. Roof pipes shall be painted the same color as the roof. GARDEN ORNAMENTS Garden ornaments described as "Kitsch" are not acceptable in yards within public view. Garden ornaments used in backyards that are not open to public view are permitted. Garden border or boundary ornaments which are visible from the public streets or other lots are subject to approval by the ARC. GARAGE AND GARAGE DOORS Garage doors must be maintain clean or painted to match the dwelling body color as the original color when build. GUTTERS AND DOWNSPOUTS Gutters and down spouts are permitted provided they are white in color and they do not drain to neighboring property other than the swale provided by the original grading by the developer. SCREENED ENCLOSURES AND PORCHES Various designs, materials, sizes, and locations may be allowed by the ARC depending upon the architectural style of the home. All screened enclosures are to adhere to the setback requirements outlined in. DESIGN AND MATERIALS In general, the materials of any shed­roof enclosure shall be compatible with the basic materials of the home, matching architectural details, such as fascia boards and typical colors. Columns shall be wood or concrete. Columns shall be a minimum of 6"x 6". The roof of the enclosure may be solid wood frame 31 construction with composition or build­up roof. Flat roofs are discouraged Unless drainage is provided and appropriate parapet walls are provided. Metal roofs are not allowed in Oak Crest. No metal pan roofs are allowed on screened enclosures. CANTILEVERED PORCH OVER BANGS Columns are required, even if not structural and are to be 6""x 6" minimum. An exception of 4 ­ x 4" white aluminum columns may be granted if incorporated into the design of a screened pool enclosure. SPAS All spas and mechanical equipment shall be screened from neighbors' or public view by approved fencing or vegetation. SWIMMING POOLS Swimming pools are to be in­ground only, with prior ARC approval for location, size, and screening from view. All swimming pools are to adhere to the setback requirements outlined. Swimming pool accessories, such as ladders, slides, water falls, etc. must not be over 6­feet in height. No portion of a house of other structure shall be erected/extended nearer to the boundary lines of the lot than as permitted by the provisions of Orange County. No swimming pools may be located in the front yard of any lot. No aboveground pools are ever permitted. The framing of any pool screen enclosure or lanai shall be white or bronze. CHILDREN’S PLAY STRUCTURES Permanent structures shall be made of quality wood construction. No play surface shall be higher than four feet from the original lot grade. No part of the structure shall be higher than nine feet from the original lot grade. The footprint of the structure shall be no larger than 100 square feet with the maximum length being no more than fourteen feet in any direction. The structure shall be a minimum of ten feet from any lot line, and must be placed inside any existing fence. BASKETBALL GOAL Basketball courts will be provided in the park near the pool area. The only allowable residential basketball goal is a portable goal, which must be stored Out of public view after each use. 32 No basketball goals, poles or structures shall be affixed to a home. A basketball goal, pole or structure shall be situated perpendicular to the adjacent street and not closer than fifteen feet (15’) from the street right of way line. No basketball structure of any kind can be placed in a backyard. BAR­B­Q PITS/GRILLS Bar­B­Q pits of brick and/or stucco must match the exterior of the house.. Proper screening and placement will be required as pan of the review by the ARC. Portable Bar­B­Q grills must be placed out of public view after each use. BURNING No burning or incineration of trash, refuse or scrap of any kind is permitted within Tivoli Woods Oak Crest. Orange County will be notified of all violations. COMMUNITY POOL The Tivoli Woods Oak Crest community pool is for the use and enjoyment of Tivoli Woods Oak Crest homeowners, residents, and their guests only during the hours of 8 AM to dusk. The pool cannot be “rented out” to those outside the community. Children under sixteen (16) years of age must be supervised by an adult at all times while using the pool. All homeowners, residents, and guests using the community pool do so at their own risk. Glass containers, beer, wine, liquor and radios are not permitted in the pool at any time. DRIVEWAYS AND WALKWAYS Every residence was built with a concrete driveway and walkway. No driveway or walkways shall be painted. Pavers may be acceptable, with prior ARC approval for design and color. Neutral or natural concrete colors only EXTERIORS The initial exterior color and design of all houses and other structures was approved by Lennar/U.S. Home; changes MUST be approved by the ARC and no exterior colors on any house or other structure shall be permitted that would be inharmonious, discordant or incongruous with Tivoli Woods Oak Crest. 33 PAINT Residents will be required to paint and restore the exterior of the house if the front, back, right or left side is 25% or more faded or washed away, mildewed, chipped or cracked. ARC approval will be required before commencement if color is different. LANDSCAPING/IRRIGATION The general intent of the Landscape Guidelines is to provide requirements (or the homeowner as a framework for site improvements through landscape plantings. The object is to create an orderly planned landscape utilizing the minimum standards set in these Guidelines. Prior to land alteration and construction activities, it is required that homeowners obtain tree removal and land alteration/landscape permits from the City o f Orlando. Homeowners are also required to have the tree removal and land alteration/landscape plans approved by t he ARC. Landscaping for the purposes of this Section includes front, back and side yards on any lot. Landscaped areas include but are not limited to lawn, river rock, bark, gravel, shrubbery, trees and all planted areas. Initial plantings of trees and shrubs of each completed home was in compliance with all requirements of Orange County and Minimum Property Standards of the Department of Housing and Urban Development. The front, side and rear yards were fully sodded upon completion of each home. SUGGESTED PLAN MATERIAL LIST The following plant material is considered to be appropriate for Oak Crest. These plant materials have been chosen for their natural or adaptable qualities, their function in the landscape, and their availability in the commercial nursery trade. PROHIBITED PLANT LIST Certain plant species shall not be permitted at Oak Crest because of their nuisance characteristics, exotic origin, pest problems, or if considered unlawful to transport on State highways. Plant materials that are not hardy or significantly tolerant of Central Florida's winter climate will not be permitted unless situated in a protected area, courtyard, or enclosure. An exotic, tropical landscape item is not appropriate to the natural landscape character at Oak Crest and will be discouraged by the ARC. 34 STREET TREES The community has a planned street tree program. The developer has approved a specific tree or combination of trees that are installed and warranted by the Builder. Once the warranty period is passed, the trees become the responsibility the homeowner. The homeowner must maintain the planned steel tree program for his lot. CORNER YARD LANDSCAPE This area includes that portion of the yard from the edge of the street pavement to the side of the house. Al l corner yards shall be landscaped with t he following: • A solid row of fountain plantings along the building side facing the street. • Two (2) trees at least 3" caliper. See Recommended Front Yard Tree List. • • A continuous St. Augustine sod lawn. • Corner yards must have at least two additional street trees. 35 FIGURE 3 1.2..3 Front Yard Landscape The rront yard includes that portion or the yard between the edge of the street pavement to the front of the house. (FIGURE 2) -:", .. All front yards shall be landscaped with the following or a combination of: grass ground covers. shrubs, at ~~I I vines, hedges, trees and/or palms: \::......_ - - - - The minimum number of 3 or caliper trees in the front yard is based upon the front lot width and the following table. 4t1tUw.~ Front Lot Widths ki~ ~Mra,4~ ~~~ ~Hti'~ ~-r 'tJQ~f-------:r ~.PISO o~ 1>LUL.cQb FIGURE 2 • A single row of foundation planting is not acceptable. • One portion of a planting bed must extend a mjnimum of 6' from the foundation. • All turf grass visible from the Slreet shall be St. Augustine sod. Required Number or 3" Caliper Trees in the Front Yard 50' 2 60' 2 70' 3 80 3 3 36 • A continuous St. Augustine sod lawn. • Corner yards must have at least two additional street trees. ground cover, mulch or grass lawn. Rocks may be used to accent certain limited areas. • Comer lot landscaping shall adhere to the restrictions of No bare ground is acceptable. All shrubs, ground cover, and tree beds shall receive a 2" minimum layer of cypress mulch, pine bark or pine slIaw mulch. site triangles as shown in FIGURE 4 at roadway intersections. Corner lot landscaping shall adhere to the restrictions of site triangles as • Accent and decorative landscape lighting is shown in at roadway intersections. encouraged but must be approved by the ARC. • Drain pipes tied into rain gutter downspouts must be completely hidden from view. Plant sluubs or ground cover large enough and dense enough to screen. Use splash blocks and gravel at the base of downspout. Roof runoff must not be diverted onto neighboring property. • All lots are to be sodded with St. Augustine type sod. At least 50% of the front yard must be sod. • Landscape Details 1.2.9 Preservation of existing vegetation. See APPENDIXF. Irrigation Automatic underground irrigation systems of sufficient size and capacity are required to irrigate all sodden and FIGURE 4 • All plant materials to be used shall be Florida No. 1 or better as outlined under GRADES AND STANDARDS FOR NURSERY PLANTS, PARTS I AND II, 1994 ed. • All landscaped plant s should be planted with the appropriate topsoil, peat moss, and fertilizer mixtures. The use of only on­site soil is prohibited . • Berms (if used) are to be graded in gentle, undulative, naturalistic forms. Straight or steep slopes exceeding maximum (4: 1) are not allowed. Provisions are to be made for drainage around or through berms so as to not inhibit flow or diver to flow on to neighbors ' or common property. • No white rock, sand or pebbles or the like is permitted for use or substitution for shrubs, ground cover, mulch or grass lawn. Rocks may be used to accent certain limited areas. • No bare ground is acceptable. All shrubs, ground cover, and tree beds shall receive a 2" minimum layer of cypress mulch, pine bark or pines straw mulch. • Accent and decorative landscape lighting is encouraged but must be approved by t he ARC. • All lots are to be sod with St. Augustine type sod. At least 50 % of the front yard must be sod. 37 4 • No lawn or landscaped area may be paved or concreted for the purpose of vehicle parking or to create a walking path. No gravel or river rocks shall be used as ground cover, except in minimal accent landscaping areas. • No white rock, sand or pebbles or the like is permitted for use or substitution for shrubs, ground cover, mulch or grass lawn. Rocks may be used to accent certain limited areas • Drain pipes tied into rain gutter downspouts must be completely hidden from view. Plants shrubs or ground cover large enough and dense enough to screen. Use splash blocks and gravel at the base of downspout. Roof runoff must not be diverted on to neighboring property. • Preservation of existing vegetation. IRRIGATION Automatic underground irrigation systems of sufficient size and capacity are required to irrigate all sodden and landscaped areas to maintain the plants materials in good and living condition at all times. The system should include: • An automatic time clock must be used to regulate time intervals (clocks to be placed in garage or out of public view). All City rules and regulations regarding watering of plants shall be followed. • All irrigation systems shall be installed with a rain sensor device or switch which will override the irrigation cycle of the irrigation system when adequate rainfall has occurred. • Use pop­up risers in landscaped areas next to driveways and streets, keeping rigid risers away to prevent damage from traffic. • The back­flow preventer should be placed out of site from the street and screened from neighboring properties with landscaping. • Utilize separate valved sections for shrubs and lawn areas which have different water requirements. • Sprinklers should not spray on roadway, sidewalks or neighboring walks, driveways or patios, 38 FENCING All fences must conform to the fence details included in these Guidelines. See Appendices A & B for acceptable fence details. No fence, wall or hedge will be permitted which exceeds six (6) feet in height. No chain link fences shall ever be permitted. Fences shall only be made of vinyl, ornamental polymer or iron or pressure treated wood and must be kept in good condition and repair. All fences shall be approximately fifty percent (50%) opaque, unless otherwise approved by the ARC. Post structures must be firmly secured in the ground and be located facing inside the fences so as not to be visible from any street or adjacent lot and only visible from the area enclosed by the fence. All wood fencing shall be painted white on all sides within thirty (30) days after installation and must be maintained in good condition and repair. The location and placement of all fences must be approved by the ARC. Fences and hedges between a side street line and the side of the house shall not be located more than five feet (5’) from the side of the dwelling line and have landscaping acceptable to ARC. No fence, wall or hedge may be constructed or maintained between a front street line and the front dwelling line. If a lot abuts any lake, pond or conservation area, no wall or hedge will be permitted in the side yards or the rear line of the house. The only allowable fence in this case, would be an ornamental polymer or iron fence which would need ARC approval. There are basically three types of fences permitted within Oak Crest: a) Non­Waterfront Fence ­ This fence is the 6 ' high shadow box fence as detailed in Appendix A. This type of fence is intended to create visual privacy and/or security for the lot area. This fence cannot he used on lots which back up to a lake or retention pond. b ) Waterfront Fence ­ This fence is the 5 ' high metal fence as detailed. in Appendix B. This type of fence is used to define property lines or enclose area without obscuring views. It is the only type of fence permissible if the lot backs up to a lake/pond or conservation areas. 39 be placed in City rules and plants shall be . slalled with a will override system when areas next to d risers away placed out of eened from caping. or shrubs and erent water on roadway, driveways or ils included & B for ermitted Wetland Fence - This Iype of fence is a combination of the previous two fences. The fence along the right and left lot lines shall be the 6' high shadow box and the fence along the rear lot line may be the 5' high metal fence. This type of fence is only permissible on tats that back up Lo a wetland. This type of fence is c ) Wetland Fence ­ This type of fence is a combination of the previous two not mandatory if the lor backs up to a wetland. fences. The fence along the right and left lot lines shall be the 6' high shadow It is only an option. The other alternative would box and the fence along the rear lot line may b e the 5 ' high metal fence. This be the "non-waterfront" fence. c) type o f fence is only permissible on lots that back up to a wetland. This type of Variations in height may be approved for rear lot fence is not mandatory if the lot backs up to a wetland. lines where the grades on adjoining lots are different. Variance applications will be It is only an option. The other alternative would be the "non­waterfront" approved on a case-by-case basis. Non-standard fence. fences must be approved by the ARC. All fences shall comply with construction and Variations height may be approved for rear lot lines where the grades on zoning in standards. adjoining lots are different. Variance applications will be approved on a case­ If a fence already exists on any side of a lot by­case basis. Non­standard fences must be approved by the ARC. All under construction, it shall be the Owner's fences shall comply with construction and zoning standards. responsibility to grade and landscape the lot so If a fence already exists on any side of a lot under construction, it shall be the as not to damage or fill against the existing Owner ' s responsibility to grade and landscape the lot so as not to damage or fence. Costs for damage are the Owner's fill against the existing fence. Costs for damage are the Owner ' s responsibility. responsibility. 1.3.1 Fences on Slope FENCE ON SLOPE The preferred approach to transition grade changes with fencing is to stair-step (stagger) the fence down the The preferred approach transition grade changes with fencing is to stair slope, Changes in elevation are to to occur at normal post step (stagger) the fence down the slope, intervals with a maximum step down of 12" per panel. Changes in elevation are to occur at normal post intervals with a maximum step down of 12" per panel. The top rail is to be level with the horizon. (SEE FIGURE 5) The top rail is to be level with the horizon. nce is the 6' in Appendix o create visual ot area. This h back up to a s the 5' high ndix B. This perty lines or ews. It is the LAKE AND CONSERVATION FIGURES Full height solid fences which inhibit views to the lakes and conservation areas are not allowed. 5 SITE LINES Fence and hedges should be maintained 10 feet back from the front or corner property line so as not to impede reasonable lines of site for vehicular traffic. 40 j Fence and hedges should be maintained 10 feet back from the front or corner property line so as not to impede reasonable lines of site for vehicular traffic. (FIGURE 6) ,it -- l= tt. FIGURE 7 1.3.5 Landscape Maintenance All landscaped areas shall be properly maintained. Landscape maintenance shall include care of trees, shrubs. ground cover, annuals, turf grass, and inigation systems. Turf areas should be regularly cut to maintain a consistent appearance of quality. All damaged plant material, including ground cover and sod, shall be removed following common nursery methods. Using this methodology insures the plant material's natural integrity and quality appearance. 1.4 Lighting Generally 6­ foot fences fronting on side streets should be at a height of six It is recommended that homes be provided with feet to the rear property line. uplighting. The Ilplighting may wash the front face of FIGURE 6 the borne or significant landscape features. All exterior Generally 6-foot fences fronting on side streets should be lighting is to be installed in such a manner as to not cause distraction, nuisance, or to be unsightly. It should PROHIBITED FENCES at a height of six feet to the rear propeny line. convey a warm, inviting atmosphere and aid in providing security. Care permitted is to be taken in placing and night time 1.3.4 link Prohibited Fences Chain or vinyl clad chain link fences with metal posts are not selecting fixtures. within this community. Chain link or vinyl clad chain link fences with metal posts are only permitted within certain areas of this Spotlights are to be concealed from direct view and Fences are not allowed in front yards. The point at which the fence ties to the directed to avoid light spill onto adjacent property. conununity. houses hall be no closer to the front of the house than 5­feet. Fences are not allowed in front yards. The paint at 1.5 Architectural Review Process which the fence ties to the house shall be no closer to the front of the house than If) j (FIGURE 7) The Reviewer shall, within 30 days after receipt of a completed application and all required information, respond in writing to the applicant at the address specified in the application. The response may (i) approve the application, with or without conditions (li) • .~ k e E lO~feet. ,it -- l= 6 tt. FIGURE 7 1.3.5 Landscape Maintenance All landscaped areas shall be properly maintained. Landscape maintenance shall include care of trees, shrubs. ground cover, annuals, turf grass, and inigation systems. Turf areas should be regularly cut to maintain a of quality. All damaged plant consistent appearance material, including ground cover and sod, shall be removed following common nursery methods. Using this methodology insures the plant material's natural integrity and quality appearance. 1.4 Lighting It is recommended that homes be provided with 41 LANDSCAPE MAINTENANCE All landscaped areas shall be properly maintained. Landscape maintenance shall include care of trees, shrubs, ground cover, annuals, turf grass, and irrigation systems. Turf areas should be regularly cut to maintain a consistent appearance of quality. All damaged plant material, including ground cover and sod, shall be removed following common nursery methods. Using this methodology insures the plant material's natural integrity and quality appearance. Leaves shall be removed from landscaped and paved areas (except where used as mulch) following the last fall of leaves in autumn. Other plant and yard debris shall be removed from all landscaped and paved areas on a regular basis. LIGHTING It is recommended that homes be provided with uplighting. The uplighting may wash the front face of the home or significant landscape features. All exterior lighting is to be installed in such a manner as to not cause distraction, nuisance, or to be unsightly. It should convey a warm, inviting atmosphere and aid in providing night time security. Care is to be taken in placing and selecting fixtures. Spotlights are to be concealed from direct view and directed to avoid light spill onto adjacent property. MAILBOXES Mailboxes must be maintained in a neat and attractive manner. A mailbox should not be hanging off its pedestal, tie up with wires or rope or be replaced from the original installed by the developer. Rusting mailboxes must be painted to its original color and original gold color numbers added. ROOFS Roof shingles must be of least the fungus resistant three­tab quality. The color of a replacement roof shall match the original color of the roof. SATELLITE DISHES Satellite dishes of any kind must be approved by the ARC. It should be small in size and placed at the lowest elevation so as not to be visible from adjacent or nearby streets. 42 ARCHITECTURAL REVIEW PROCESS The Reviewer shall, within 30 days after receipt of a completed application and all required information, respond in writing to the applicant at the address specified in the application. The response may: (I) approve the application, with or without conditions (II) approve a portion of the application and disapprove other portions; or (III) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/ or offer suggestions for curing any objections. In the event that the Reviewer fails to respond in a timely manner, the Owner seeking approval shall request a response from the Reviewer by certified mail, return receipt requested. If t he Reviewer fails to respond within 30 days after receipt of such request, approval shall be deemed to have been given, subject to the Declarant ' s right to veto approval by the ARC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Architectural Guidelines unless a variance has been granted pursuant to Section 17. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Post al Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. 43 VISTA LAKES Appendix "A" Fencing Specifications Fencing Specifications (6' High Shadow Box Fence) (6 High Shadow Box Fence) AlL OWNERS ARE TO FOLLOW THESE SPECIFICATIONS WHEN INSTALLING FENCES. ALL NEIGHBORHOOD ASSOCIATIONS ARE SUBJECT TO THESE SPECIFICATIONS STYLE: Shadow Box (6' High) PICKETS; I" " 4" x 6' (nomiual3/4" x 3 In" x 6') W = R.:d Cedar or Cypress, dogeared with 3" spacing to provide Y," overlap. HORlZONfAL Pressure-D'eatcd Pin" 2" x 4" with Ihe 4" support being vertical SUJ'PORTS (3); POSTS S' O.c. maximum 4" x 4" x 8' Pressure-treated Pine Posts installed on inside of yll(d NAll..S 160 and IOD penny galvanized 011 horizontal suppor1.'l 4D on pickets (STAPLES ARE NOT ALLOWED) FENCE Must tie illlo the ho<lSe atle.ast 3' (three feet) back from !he frout of the house. Engineered [0 be level ODd strnighllflhe fence tios into a brick wall, \ape! !he fence at a ratio DO greater lh.an one (I 1 foot drop in lbe vertical height 10 tbn:e (3') feet in horizontallengtb, so lbat the top of !he fence is below the top of the brick walls. (SHOULD NOT BE SEEN OVER THE BRICK WALL) GATES: 2" x 4" Cedar Or Cyp~ frame (Shadow Box) Ornamental Hinges Spring LaJ.cb PAWl': ALL FENCFS MUST BE PAINTED (INSIDE AND OUTSIDE) WITIllN 30 DAYS OF !NSTALLAnON Paint must be Solid Latex Stain "Dewdrop" by Sherwin- WiIli.a.l:m;. Contractors who can be contacted to install fence (no obligatjQllS): Custom Fence Company 3215 Hunler Place Apopka, FL 32703 (407) 788-1995 David Smith Barfield Fence Co. 325 Dane Lane Longwood, FL 32750 RonLaIsh 4{}7 -834-6564 F= 407-834-0438 Beq>er. 407-623·6724 www.barlieldfenoe..com Empire Fence 4477 Clarcona-Ocoee Ro OrlandG, R. 32810 Michael Foster 407-291-1101 Fax: 407-292-9092 Fax.: 407-43&-3181 FeoceOutlel 11009 SO Blossom Tr Orlando, FL 02837 Candido <Tommy) Sale (Se Habla Espana!) 407·851-6660 Fax: 407-438-3181 44 ~ ~ ';:1 POSTS 5'-0' O . G . - - - - v f '::::::~~~_~_~=::::~=~""::::;;:':::;;::=:;;:_~:::-::;;:::=""'~:=:~~ fC----- PLAN "''x4'x5' PR.ES5UR£-TREATED PIN I'O$T5 fe.' o.c.) l'x4'x'" WESTERN RED CEDAR OR CYPRfSS PICKETS (". o.c.) ;2'l<4'xtl' PRESSURE-TREATED PINE t-IORtza./TAL 5lIP?ORT5 NAILED TO fACE OF POSTS (NAIL ON OIJTSIOE Of YARD) -.1'-1-'---- POSTS 6'-0' O.c. ------'~f 1"x4'xiO' HESTERN RED CEDAR OR CYPReSS PICKETS DOG EARED, SPACED 3' APART, NAILED TO HORIZONTAL . SUPPl?RTS HtTH 4D PENNY 3~ 31/2' FF '-0" , GALVANIZED NAILS (NO -5TAP!=ES) / y 3'-5' ,~b - . - I' 2'~. r .If!b llliffiill~:11 f~ I~--illfII-gm 1 11 11 ;J!I 4'x4"x6' PRESSURE TREATED PINE POSTS II'ISTAl..l..£O ON INSIDE OF YARD i J 2'~'31 2"x4"x&' PRESSURE-TREATED PINE HORIZCtlTAL SUPPORTS, NAILED ,0 POSTS HrTl-I 1"0 PENNY GALVANIZED NAILS / ffiill 1IE1ISISII=:l113.1E ~III ~1~~~II~l1~MlIjlll~ ~III I I - I I I - I I 1---'-"111-1 1I - I l l - I I I - I I I ELEVATION " SHADOW BOX FENCE PLAN & ELEVATION 45 II r---I-II fINISHED GRADE NOTE,' FENCE TO BE PAINTED w~rN 3P DAYS OF, INSTALlATION (INStI?E AND OOTSlDE) Hrill SOUO LATEX STAIN 'DEWDROP' BY 5/o4ERl-1IN HIUIAMS. • VISTA LAKES APPENDIX liB II FENCE APPROVED FOR LAKE LOTS FENCING SPECIFICATIONS 5 FOOT IDGH BLACK ALUMINUM PICKET FENCE :MATERIAL: AU fence materials shall be manufactured from 6063 TS extruded aluminum alloy with strength of 22,000 PSI STYLE: Aluminum Picket 5 foot high PICKETS: 1/2" X 1/2" X 5' hollow square, 4" even spacing HORIZONTAL SUPPORTS (3): with channel openings on bottom Top- 1" x I" (2) . Bottom. 1" x I" (l) POSTS: 2" x2" X 8' hollow square black aluminum Black aluminum cover 0 (OP SCREWS: Stainless steel Phillips head type with plating to insure corrosion Resistance and painted to match fences. FENCE: Engineered to be sturdy and reliable with low lifetime cost and maintenance GATES: 3' x 5' - Shall be same materials as fence. Hinges - Aluminum Rod fitted with low-friction bushings. FINISH: Pretreated for oxide removal with baked enamel coating of "Duracron". The surface of finished product shall be smooth and shall pass the standard pencil hardness test of at least 2H.wkjfbwkjvfwijfbvliwhbvjwehahvblrehvblewrhjvberhvberhjvberhvberjhbverkjbvhkebjv restricthat would obstruct adjacent homeowner's vies. This means that landscaping 18" (inches) may be allowed within the twenty (20) foot set-back area from the property line toward the house. 46 rn'xll2"xSI ~OW -SQUARE FENCE PICKETS, SPACED 4~ O.C. ' - - - - - - - 8 ' - I ' n l ---....."...,=--:I' . / +-----'1<-- 1 ALUMINt.Jl1 J.IORIZDNTAL ' SUPPORTS WITH a-tANNEL OPENINGS FACI~ BOTTCf1 I..... " ,,"_' --- ~~~=*****'*='~~~'**~""'" I V 2'dX81 HOLLOW saJARE BLACK ALUI'1INUN P05TS WJ~ BLACK ALUMINUM COJER ON TOP . FrNlSl-lED GRADE ~t.., .. NOTE. SEE APPENDIX SPECIFICATIONS ALUMINUM PICKET FENCE SCALE: 3/8-=1'-0· PLAN &: ELEVATION 47 a FOR APPENDIX "C" VISTA LAKES RECOMMENDED PLANT LIST Shrubs Botanical Common Name Minimum Size and Spacing Ardisia crenat Bougainvillea. variety Buxus microphylla Camellia japonica CriDuro asiaticum Cyrotomium falcatum Eleagnus pungens Gardenia jasminoidcs Hydrangea m ophylla TIex comuta Burfordi Globe nex com ta otunda' Dex vo ·toria '.Schillings' lllicium anisatum Tuniperus chiDensis.Pfitzeriana' ..antana .igustrum Iucidum Lorapetallum chinense CoralBerry Bougainvillea 3 Gal. 15"18 11 Ht, 24.' o.c. 3 Gal., 24" Full 3 Gal., 12"';-15" Ht.. 18" o.c. 3 Ga1., 24"-30" Ht., 36" o.c. 3 Gal., 24"'-30" Ht, 4' O.c. r Gal., 12"_15" Rt., IS" o.c. 3 Gal., 24"-30" Ht., 36" o.c. 3.Gal., 18"-24" Bt, 30" o.c. 3 Gal.. 24"-18" Spd., 3~" o.c. 3 Gal., 15"-18" Rt, 30" o.c. 3 GaL 12"-15" Ht., 24" O.c. 3 Gal., 12"-15" Ht.. 18.. o.c. 3 Gal., 24"-30" Ht. 3'.-4' O.c. 3 Gal., 15"-18" Ht, 36" o.c. 1 Gal., Full, 18" O.c. 3 Gal.. 24".-30" Ht., 36.. o.c. 3 Gal.. 30'.-36" Ht., 36" c.c. 30"-36" Ht., M.S., 36r. o.c. 3 GaL 24'.x 12" Spd.. 36" o.c. 3 GaL. 36" x 36" 3 Gal., 15'.-18°. Rt. 36" O.c. 3 Gal., 15'.-18" Ht. 36" O.c. 3 GaL. 12"-15'. Spd., 24"o.c. 3 Gal., 3'-4' Ht.. 24'. o.C. 3 Gal.. 3'-4. Ht-. 3.-4. o.c. 3 Gal., 12"-15" Ht. 3Ot" o.c. 3 Gal., 15'.-18°. Hr., 24" O.c. 3 Gal., 24..-30" Ht.~ 36'. o.c. 3 GaL 12.t-l S" Ht., 24'. o.c. 3 Gal., 18.. o.c. 3 Gal., 36" o.c 3 Gal.. 24....-30.. Ht.. 4. o.c. 3 Gal., 18"-.24" Bt, 36" o.C. 3 Gal., 24" Ht., 36" o.c. Nandina domestica Osmanthus fragrans Philodendron selloum Pittospomm tobira Pi ospomm tobira .Variegata" Pittosporom tobira Whecleri' Podocarpusmacrophylla Pyracantha coccillea Raphiolepis indica Rhododendron Duc de Rohan' Rhododendron 'Formosa' Rhodo.dcndron 'Rcd Ruffle' Strelitzia nicolai Strelitzia rcginac Vibwnum odnratissllnum Viburllum suspcnsum zamia pumila Boxwood Camellia Crinum Lily Holly Fern Silverthorn Gardenia Hydrangea Dwarf Burford Holly Dwad' Chinese Holly Dwarf Yaupon Holly Anise Pfitzer Juniper Lantana Japanese Privet Loropetalum Heavenly Bamboo Tea Olive . Split Leaf Philodendron Green Pittosponun Variegated Pittosporum Dwarf Pittosporum Podocarpus Frrethom India Hawthorn Duc de Rohan Azalea Formosa Azalea Red Ruffle Azalea White Bird of Paradise Bird of Paradise Swcct Viburnum Sandankwa Viburnum Coontic 48 VISTA LAKES APPENDIX "Dt! RECOMMENDED FRONT YARD TREE LIST Shade Trees (3" caDper tree) Botanical Name CommonNam Acerrubrum Liquidambar styraciflua Magnolia grandiflora Quercus laurifolia Quercus virginiana (preferred) Ulmus parviflora 'Drake' Red Maple Sweet Gum Magnolia Laurel Oak Like Oak Drake Elm Minimum Size 3'. cal .• 10.-12' Ht. 3" caL. lO'-U' Ht. 3" cal., 10'-12' Rt. 4"-5" cal., 12'-14' HL 4"-5" cal. 12'-14' Ht 3.' cal., 10'-12' lIt. Accent Trees Berola nigra Gordenia lasianthus llex cassine Dex opaca 'East Palatka' Hex 'Nellie Stevens' Ilex opaca 'Savannah' Lagerst:roemia indica LiguslnIIJ1 lucidmn Malus augustifolia Myrica cerifera Pinus elliotti PWllS palustrus Pnmus augustifolia Pyros calleryana Bradford Salix babylofiicae River Birch Loblolly Bay Dahoon Holly East Palatka Holly Nellie Stevens Holly Savannah Holly Crepe Myrtle Ligustmm Tree South Crab Apple Wax Myrtle Slash Pine Long Leaf Pine Chickasaw Plum Ornamental Pear Weeping Willow 8'-10: Ht, 4'-5' Spd. 8'-10' Ht., 4'-5' Spd. 8'_10' Ht., 4'_5' Spd. 8'-10' Ht., 4'-5' Spd 8'x4' HL, 2-112" Cal. 8'x4' Ht., 2-112" Cal. 8'-10 Ht 4'-5' Spd. 8'-10' Ht.. 5'--6' Spd 10'-12' Ht.. 5'-6' Spd. 8'-10' Ht., 5'-6' SpeL cal, 6'..g' Ht. 8'x4' Ht. 1112" Cal 8')(4' Ht., 1 112 " Cal. 8'-10' Ht., 3'-4'· Spd. 10'-12' Ht, 5-6. Spd. r Palms (*Plants in groups of 3 for accelll) Botanical Acoelorr1laphe wrigbti Butia capitata Chamaerops humilis Cycas rcvoluta Livis(ona chinensis Phoenix canariensis Phoenix daetylifera Phoenix recIinata ---." Phoenix roebelenii ·Sabalpahnetto ""--' RJ Tt *. . xcelsa «pus fortunei ._~gtonia robusta Comt!IQ Name Minimum Size and Spacing Saw Cabbage Pa.Im Pindo Palm Sago Palm Chinese fan .Palm Canary Date Palm Dactylifexa Palm Senegal Date Palm Pygmy Date Palm Cabbage Palm 10-12' X 7-9' Clear Trunk 30"-36" Ht. 8"-24" Ht.-, 24"-30" Spd. 6'-10' 6' Clear Tnmk 8' Clear Wood 6' Clear Trunk 5'-6' 8' Clear Trunk: Lady Palm 2'-3' Ht. Windmill Palm Washington Palm 8' Clear Trunk 8' Clear Trunk European Fan Palm 49 1 Building Setback Requirements 1.1 Typi~l ·,-J.' '#I I Interior Lot The minimum bnilding setbacks, as established by Vista Lakes zoning standards. are as foUows for a typical interior lot in FIGURE t. . ....: I :;I I.L_=E- 20' front 20' rear 5' sides , 1# L .... FIGUR The location of all pools a enclosures shall satisfy the requirements relative to se 1.1.2 Lake Lot The typical setback for a for interior lots., If ap exceptio s may be gran See FlGURE 3" *Excep depending on specific con ,- FlGURE 1 I,Ll ir.'1+ ~ d Typical Comer Lot it 1 The typical building setbacks for a comer lot shown in FIGURE 2 are: :L 'lD 20' front IS' side (along side street) 20' rear* 5' side FIGU 50 APPENDIXE PAl'. -;--r;:", r·,-J.':.l~,i '#I J I 1t ents stablished as foUows I . ....: t. omer lot f I I :;I I.L_=E-~ , 1#1 L .... I " . . . . .T J} ~/ /: .~"'O"T .t~·" FIGURE 2 The location of all pools and/or screened enclosures shall satisfy the City of Orlando requirements relative to setbacks and permitting. 1.1.2 Lake Lot The typical setback for a lake lot are the same as for interior lots., If approved by the City, exceptio s may be granted for rear setbacks. See FlGURE 3" *Exceptioil may be possible, depending on specific condition of the lot. ,- ~J ir- -.'1+ d it 1 :L 1 1 fI', I I: '_~I • • 'lD FIGURE 3 51 APPENDIXF 1. - Tree Protection E very effort sllall be made by the Owner to preserve and protect all existing major [fees and newly planted trees on me borne site. Where possible, the Owner is responsible for conslIUcting retaining walls, construction baniers. or similar appropriate efforts in order to ensure the survivability of maj:or trees on the building site. Major trees are identified in FIGURE I, and are to be located on all site plans submitted for review by the ARC. FIGURE 2 • To the fullest extent possible, SQiJ shall not be excavated, spread, soiled or otherwise disposed of within the drip line of trees. • In close areas, where fencing to drip lin.e is not. possible, protect by strapping, not nailing. a continuous shield of wood, 2"x 4"x around trunk as. shown in FIGURE 3. 5" FIGURE 3 FIGURE 1 Appropriate procedures consistent with the best practices of tree preservation must be employed at each site. All existing or newly planted trees locared on a bome site 01" within the street riglu·of-way will also require protection from site construction. All ex.isting grades sbail be maintained fOT these trees in order to ensure and preserve positive drainage by ilie employment of acceptable preservation practices. The Owner is u.l.thna.tely responSIble for the protection of all trees throughQ\lt any construction process. The fonowing procedures are considered appropriate to ensure the survival and good bealth of existing trees: . • . Protective fences or barricades shall be placed around the drip line of trees to prevent soil compaction and mechanical damage. Placement ilould be at drip line of tree as shown in FIGURE 2- 'possible. 52 1.1 Preservation of Existing Vegetation The Owner is to make every etlon to preserve all existing vegetation on its own lot wherever possible. The intent is to preserve the natural integrity and character of the borne site and to observe regulatory requirements. Disturbance of naroral vegetation on a lot may be subject to specific approval by the St John's Water Management District (SJWMD) and/or the Florida Department of Environmental Protection Other existing vegetation preservation alternatives are as follows: • Trees left in cLusters with existing understory increases a tree's chance for survival because the root system will be less affected as shown in FIGURE 4. • Removal of understory is not practical or desirable because of the probability of tree root damage. Creating planting beds under tree group canopies is beneficial because it maintains a more natural look. See FIGURE 5. FlGURES FIGURE 4 '---" 53 TIVOLI WOODS VILLAGE “B” – OAK CREST – HOMEOWNERS ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE REQUEST FOR APPROVAL FORM The attached form AND accompanying documentation MUST be submitted to the Architectural Review Committee for approval PRIOR to commencement of any work. HOA ASSESSMENTS DUES MUST BE UP­TO­DATE FOR APPROVAL. Mail all documentation to: Tivoli Woods Village “B” Oak Crest Homeowners Association, Inc. c/o Sentry Management Inc. 2180 West State Road 434, Suite 5000 Longwood, FL 32779­5044 Steps to submit an ARC Request for Approval Form. 1. Read and understand all steps to completing Approval Form and complete. 2. Attach property survey or plot plan indicating location(s) of change(s), addition(s) or installation(s). Handwritten surveys or plot plans are not acceptable. 3. Color samples, material samples, plans, estimates, pictures, etc., if applicable must be attached. 4. The ARC will respond in writing within a 30 days review period. The ARC’s 30 days review period will not commence until all required submissions have been provided by the homeowner. 5. No work can begin until the ARC approves or denies the request. 6. All requests and alterations must conform to the City of Orlando and/or Orange County zoning and building regulations. The homeowner is required to obtain all necessary permits if request is approved. 7. The approved request is valid for 120 days from date of approval and all work must be completed within 120 days of commencement of work. 54 TO BE FULLY COMPLETED BY THE HOMEOWNER Name: ______________________________________________ Lot#: ______________________ PropertyAddress:____________________________________________________________________________________ Mailing Address (if different):______________________________________________________________________ Home Phone: __________________________ Cell Phone: ______________________________________________ Work Phone: ___________________________ Fax: _____________________________________________________ Email Address:________________________________________________________ DETAILED DESCRIPTION OF CHANGE(S), INSTALLATION(S) OR ADDITION(S): ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ Estimated Start Date*: ________________ Estimated Completion Date__________________________________ * Allow at least 30 days from the date of submission of ALL necessary documentation. SPECIFICATION(S): Dimensions:________________________________________________________________________________________________ ______________________________________________________________________________________________________________ Color(s) (SAMPLE MUST BE ATTACHED: ____________________________________________ Material(s) (SAMPLE MUST BE ATTACHED:_________________________________________ HOMEOWNER LIABILITY: I take full responsibility and am personally liable for any damage that might occur to any property as a result of, and during the completion of, this project. HOMEOWNER SIGNATURE: _______________________________ Date: _____________________________ *********************************************************************************************** TO BE COMPLETED BY THE HOA AND ARC: Received by HOA on: ___________________ Forwarded to ARC on: ________________ [ ] APPROVED [ ] APPROVED By: _____________________________ Date: ____________________________ ARC Comments: __________________________________________________________________________________________ __________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Mailed to Property Owner On: __________________________________ Approved 01/15/08 55 PROCEDURE FOR CONSIDERATION OF VARIANCES FOR ARCHITECTURAL CONTROL GUIDELINES 56 TIVOLI WOODS – OAK CREST Procedure for Consideration of Variances for Architectural Control Guidelines Adopted August 11, 2009 Background: Article VI, Section 17 of the Declaration of Master Covenants, Conditions and Restrictions of the Association authorizes the granting of “variances from compliance with any of the guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted Rules and Regulations.” The Board of Directors hereby adopts the following procedure to grant variances for any of the guidelines currently in effect at the time of the request. Procedure: A. Application: A homeowner may initiate a request for a variance from the Architectural Review Committee (ARC). All variance requests must be submitted in writing to the ARC explaining the circumstances that would support the granting of a variance from an architectural guideline. Supporting documentation, i.e. property survey, brochure describing the project, and photos if appropriate are required. B. Notice: Upon receipt of a written variance request with complete information and supporting documentation, the ARC shall set a hearing date/time no more than 30 days from the receipt date and advise the applicant and all owners of lots that abut and adjoin the lot in question by first class mail. C. Time for Hearing: The ARC shall hear the variance request at the regularly scheduled ARC meeting that falls no more than 30 days from the receipt of the completed variance request. 57 D. Hearing: The variance hearing shall be conducted according to due process standards and the ARC shall have full discretion regarding the scope, presentation and admissibility of evidence at and the testimony of witnesses at the hearing. E. Decision: The ARC shall have fifteen (15) days after the close of the variance hearing to render its decision. The ARC will decide when the hearing is closed. This time period may be extended with the approval of the applicant. General Variance Standards: 1. The variance approved is the minimum variance that will make possible the request. 2. Approval of the variance will be in harmony with the general intent and purpose of the Declaration and such variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. All variances should be based upon circumstances such as topography, natural obstructions, hardships, aesthetic and environmental considerations. Variance Conditions: 1. That in addition to the Covenants, all construction is subject to governmental restrictions. 2. 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. 3. That, the owner shall hold the Association harmless against any loss, injury or damage which might occur to the owner and any third party as a result of the granting of the variance. 4. That, it is understood that the Association may not be in 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 arise from the granting of the variance 5. No variance can be contrary to any provision of the Declaration. 58 6. All variance requests must be in writing. 7. No variance request shall have the effect of prohibiting the Association from denying similar variances based upon other circumstances. Adopted on: August 11, 2009 _____Aida Gonzalez______________ ____Denisse Soler_______ President, Board of Directors Secretary _____Dorothy Torres__________ _____Tom Brierly_______ Vice President, Board of Directors Member At Large, Board of Directors __Dan Sweeney________________ Treasure, Board of Directors 59 NEW ARCHITECTURAL GUIDELINES FOR FENCES 60 Tivoli Woods ­ Oak Crest New Architectural Guideline for Fences Adopted by the Oak Crest Board of Directors August 11, 2009 FENCES Note that the City of Orlando requires that a City permit be obtained prior to the installation of fences, and the City requires an approved ARC application before they will issue a permit. ARC Application Applications to the ARC for the installation of fences must indicate the fence location on the plot of your property that includes your house location, a copy of the contract with the fence company and manufacturer’s brochures containing sufficient information so that the ARC can determine that these Guidelines are met. If the fence is to be self­installed, the homeowner must sign the form in Appendix A Fence Location Metal picket fences are permitted on all resident properties, but shadow box and panel fences are permitted only on properties that do not border a lake or retention pond. Fences are permitted only in side or back yards. The point that a fence ties into the house must be at least 5′ from the front corner of the house. Shadow box and panel fences must be located at least 10′ from property lines that border on a street. Fences on Inclines Pickets and panels in all fences must be vertical. To meet this requirement on an incline, the fence may be stair­stepped (also called staggered) as shown in the drawing on the left. There must be a minimum of 12" for each step. Alternatively, the horizontal supports (rails) may be parallel to the incline with the pickets vertical as shown in the drawing on the right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ence Specifications >(+F*7"1+)"0(2@%="G%+2%3"C1)%"G/-C"1*'C(+'C"-/"=/%1=%)"3=%%*5" "Permitted fences are shadow box style made from wood or Vinyl, and picket fences made from aluminum or treated steel. No fence, wall or hedge will be permitted which exceeds six (6) feet in height. No chain link fences shall ever be permitted. !" Fences shall only be made of vinyl, ornamental polymer or iron or pressure treated wood and must be kept in good condition and repair. All Fences shall be approximately fifty percent (50%) opaque, unless otherwise approved by the ARC. Post structures must be firmly secured in the ground and be located facing inside the fences so as not to be visible from any street or adjacent lot and only visible from the area enclosed by the fence. All wood fencing shall be painted white on all sides within thirty (30) days after installation and must be maintained in good condition and repair. The ARC must approve the location and placement of all fences. Fences and hedges between a side street line and the side of the house shall not be located more than five feet (5’) from the side of the dwelling line and have landscaping acceptable to ARC. No fence, wall or hedge may be constructed or maintained between a front street line and the front dwelling line. If a lot abuts any lake, pond or conservation area, no wall or hedge will be permitted in the side yards or the rear line of the house. The only allowable fence in this case, would be an ornamental polymer or iron. 62 #$""%&&'()"*+#'&,"-&."/()0("1"%&&'()"2+#'&,"3&."4()0(2"5627"3("&4"7+(" 0&)4896:#78&)"2+&,)"3(;&,<" " " " " " " " " " " " " " " " " " " " " =80>(7" " ?&:8@&)7#;" *6AA&:72"BC#8;2$" " " " D:&6)'"E(F(;" " =&27" " /896:("G#" *+#'&,"-&.H"/:&)7"I8(,"B)&7"7&"20#;($" " " " " " " " " ?&:8@&)7#;" *6AA&:7" =80>(72" /896:("G3" *+#'&,"-&.H"J&A"I8(,"B)&7"7&"20#;($" " " Installation: Fences must be level, straight and aligned without wavering. " Height: 6′ above ground level. K)27#;;#78&)L""/()0(2"5627"3(";(F(;H"27:#89+7"#)'"#;89)('",87+&67",#F(:8)9<""/()0(2" 7+#7"78("8)7&"3:80>",#;;2"5627"3("7#A(:('"'&,)"7&"7+("+(89+7"&4"7+("3:80>",#;;"#7"#":#78&" Pickets: 1"x4"x6′ spaced 3" apart and nailed to horizontal supports with 4D )&"9:(#7(:"7+#)"G!"':&A"8)"F(:780#;"+(89+7"7&"M!"&4"+&:8@&)7#;";()97+<""J+("4()0("5627" penny or larger galvanized nails; staples are not permitted. Pickets must be )&7"3("2(()"&F(:"7+("3:80>",#;;<" made of cypress, western red cedar or pressure­treated pine. " ?(89+7L""N!"#3&F("9:&6)'";(F(;<" Horizontal Supports (Rails): 2"x4"x 8′, or 2"x4"x6′. The two horizontal " supports must be installed 12" from the top and bottom of the pickets and =80>(72L""GO.PO.N!"2A#0('"MO"#A#:7"#)'")#8;('"7&"+&:8@&)7#;"26AA&:72",87+"PQ"A())R"&:" must be nailed to the posts using 16D penny or larger galvanized nails. ;#:9(:"9#;F#)8@('")#8;2S"27#A;(2"#:(")&7"A(:5877('<""=80>(72"5627"3("5#'("&4"0RA:(22H" Horizontal supports must be made of pressure­treated pine. ,(27(:)":('"0('#:"&:"A:(226:(T7:(#7('"A8)(<" " ?&:8@&)7#;"*6AA&:72"BC#8;2$L""!O.PO."U!H"&:"!O.PO.N!<""J+("7,&"+&:8@&)7#;"26AA&:72" Posts: 4"x4"x8′ and made from pressure­treated pine. Posts must be installed 5627"3("8)27#;;('"G!O"4:&5"7+("7&A"#)'"3&77&5"&4"7+("A80>(72"#)'"5627"3(")#8;('"7&"7+(" entirely within the homeowner’s property. 63 !" " " " <$%&%=">?@>?@A!"2)5"825.":0$8"#0.%%'0.;&0.2&.5"#().6""<$%&%"8'%&"9."()%&211.5".)&(0.1/" B(&C()"&C."C$8.$B).0D%"#0$#.0&/6" " E2&.%="8'%&"9."$:"%C25$B"9$@"%&/1."&$"82&FC"&C."0.%&"$:"&C.":.)F.6"E2&."%'##$0&%G" C()*.%"2)5"12&FC.%"8'%&"9."%'::(F(.)&1/"%&'05/"%$"&C."*2&.%"5$")$&"%2*"2)5"9.F$8." Gates: must be of shadow box style to match the rest of the fence. Gate 8(%21(*).56""HC./"8'%&"9."21(*).5"2)5"C')*"%$"&C2&"&C./"2##.20"&$"9."2"F$)&()'$'%" supports, hinges and latches must be sufficiently sturdy so the gates do not sag ()&.*021"#20&"$:"&C."0.%&"$:"&C.":.)F.6"" and become misaligned. They must be aligned and hung so that they appear " to be a continuous integral part of the rest of the fence. <2()&=""I$1(5"12&.@"%&2()G"J-.B"-0$#K"9/"IC.082)"L(11(28%6""M.)F.%"8'%&"9."#2()&.5" $)"9$&C"%(5.%"B(&C()"!N"52/%"$:"()%&2112&($)6" Paint: Solid latex stain, “Dew Drop” by Sherman Williams. Fences must be " painted on both sides within 30 days of installation. 9O""P.&21"<(FQ.&"M.)F." b) Metal Picket Fence " P.&21":.)F.%"8'%&"9.".)*()..0.5"&$"0.%(%&"C(*C"B()5%"2)5"C23."1$B"1(:.&(8." Metal fences must be engineered to resist high winds and have low lifetime 82()&.)2)F."F$%&%6" maintenance costs. " 7.(*C&="R!" Height: 5′ " S$):(*'02&($)=""M.)F.%"8'%&"C23."&C0.."$0":$'0"C$0(4$)&21"%'##$0&%"T02(1%O6"U11"#(FQ.&%" Configuration: Fences must have three or four horizontal supports (rails). All 8'%&"9."&C."%28."C.(*C&6"HB$"#.08(&&.5"F$):(*'02&($)%"20."(11'%&02&.5"9.1$B" pickets must be the same height. Two permitted configurations are illustrated T502B()*%"20.")$&"&$"%F21.OG"9'&"2##1(F2&($)%":$0"$&C.0"%(8(120"1$$Q()*"F$):(*'02&($)%" below (drawings are not to scale), but applications for other similar looking 82/"9."2##0$3.56" configurations may be approve. " " " " " " " " Material: The fence components must be manufactured from aluminum or P2&.0(21=""HC.":.)F."F$8#$).)&%"8'%&"9."82)':2F&'0.5":0$8"21'8()'8"$0"%&..1"2%" steel as specified below. The surface of all finishes must be smooth and must %#.F(:(.5"9.1$B6""HC."%'0:2F."$:"211":()(%C.%"8'%&"9."%8$$&C"2)5"8'%&"#2%%"&C." pass the standard pencil hardness test of at least 2H. %&2)5205"#.)F(1"C205).%%"&.%&"$:"2&"1.2%&"V76" " Aluminum: Extruded aluminum alloy pre­treated for oxide removal with a U1'8()'8=""W@&0'5.5"21'8()'8"211$/"#0.;&0.2&.5":$0"$@(5."0.8$321"B(&C"2"#$B5.0; powder­ coated black finish. F$2&.5"912FQ":()(%C6" " I&..1=""P'%&"F$8."B(&C"2"5$F'8.)&.5"VN;/.20"*'202)&.."2*2()%&"0'%&()*G"#..1()*G" Steel: Must come with a documented 20­year guarantee against rusting, F02FQ()*G"FC(##()*G"91(%&.0()*"2)5"F$00$%($)6""S$8#$).)&%"8'%&"9."&0.2&.5"B(&C"&C." peeling, cracking, chipping, blistering and corrosion. Components must be :$11$B()*"$0".X'(321.)&="C$&"5(##.5"4()FG"4()F"#C$%#C2&.G".#$@/"#0(8.0"2)5"2F0/1(F" treated with the following or equivalent: hot dipped zinc, zinc phosphate, &$#F$2&6" epoxy primer and acrylic topcoat. Color: Black. Pickets: !" Pickets must be a minimum of 5/8"x5/8"x5′ hollow square, spaced 4" apart. Pickets must be unadorned. All pickets must be the same height. Horizontal Supports (Rails): must be a minimum of 1"x1". 64 Posts: Posts must be a minimum of 2x2" hollow square with post walls at least 0.062" thick, and at least 8′ long. Posts must be covered with plain unadorned post caps. All posts must be set in concrete. Gates: Gates must be a minimum of 5′ wide. Gates must be sturdy and not sag. The configuration and appearance of gates must match the rest of the fence. c) Vinyl (PVC) Fences Vinyl fences must be white and 6′ high. Manufacturers’ brochures giving product descriptions documenting the requirements below must be submitted with the application to the ARC. Material: Vinyl fence components must be manufactured in the USA from virgin Vinyl resins. Recycled materials in any quantity are prohibited. The Vinyl must contain an agent, such as titanium oxide (TiO2), to prevent chalking. Vinyl fences must have a documented lifetime warranty against peeling, flaking, blistering, rotting and corroding. The warranty must be transferable at least one time. Posts: Each post must be set at least 3′ deep in at least 60 pounds of concrete. Posts must be no more than 6′ apart (8′ fence sections are prohibited). Posts must have a wall thickness of at least 0.130". The posts must have an unadorned cap on top. Gates: Gates must be a minimum of 3′ wide and match the appearance and configuration of the rest of the fence. For strength and rigidity, extruded aluminum inserts are required in the posts on both the hinge and latch sides of the gates. Permitted Vinyl Fence Configurations Shadow Box: The configuration and measurements must be in accordance with Figure 1. Tongue and Groove (Panel): Construction must be tongue and groove. Except for gates, no metal of plastic fasteners are permitted. 65 Appendix A Agreement for Self­Installed Fences Name (please print) __________________________________________________ Address ________________________________________________________, Orlando, FL 32829 Type of fence for which you have applied: ___ Wooden Shadowbox ___ Aluminum Picket ___ Steel Picket ___ Vinyl Shadowbox ___ Vinyl Panel (Tongue and Groove) I, the undersigned, have read understood and agree to comply with the current Oak Crest fence guidelines for the type of fence indicated above. _________________________________________ __________________ Homeowner Signature Date No fence, wall or hedge will be permitted which exceeds six (6) feet in height. No chain link fences shall ever be permitted. 66 FINES AND VIOLATIONS COMMITTEE ARTICLE IX 67 TIVOLI WOODS – OAK CREST FINES AND VIOLATIONS COMMITTEE ARTICLE IX New Guidelines suggested by the ARC/FINE COMMITTEE Adopted August 11, 2009, to be added to the Declaration of Covenant Conditions and Restriction of Tivoli Woods – Oak Crest − The Fines and Violations was established by the Board under Article IX (Miscellaneous) Section 2 – Fines and Enforcement of the Declaration of Covenants and Restrictions for Tivoli Woods Village B Homeowner’s Association. − The purpose of the Fines and Violations is to handle homeowner/resident violations of the Tivoli Woods Oak Crest Rules and Regulations. − The Fines & Violations Committee will investigate an alleged violation after concluding that a violation of the governing documents exists (or has occurred). − The resident/homeowner will be contacted in writing and given an interpretation of the violation. Compliance with the Rules and Regulations must occur within fifteen (15) calendar days after the date of the notice. − If the violation is not corrected, the Board, has the right, after reasonable notice to the homeowner, to correct the problem. The cost of the maintenance will be assessed against the homeowner and is not to be considered part of the annual homeowners association dues. The fine will be a personal obligation of the homeowner and a lien upon the owner’s lot will become immediately due and payable together with interest calculated at the highest rate allowable by Florida law. Any attorneys fees (including fees of an appeal, court costs and other fees or costs of collection as provided) will be the obligation of the violating homeowner. − Fines will be billed and collected in the same manner as homeowner periodic assessments. All fines are due and payable within seven (7) days after they are billed. 68 Procedure for Covenant Enforcement Adopted August 11, 2009 ARTICLE IX Objective: Notify owners of Covenant Violations and achieve a resolution for the benefit of the Association. The Board of Directors hereby adopts the following policy and procedure to use legal action to enjoin a violation when necessary. Policy: The Association Manager will implement a fair and equitable practice of sending three letters, if necessary, to advised an owner of an unresolved Covenant Violation and will recommend legal action to the Board of Directors, if the violation is not resolved. Procedure: Outline of Association Management steps: • Letter series­When a Covenant Violation is identified, the Association Manager will send a series of three letters requesting resolution by the owner. The first: Shall be deemed a “Friendly Reminder” that requests the property be brought into compliance. The second letter: Will be stronger as the “Second Notice”, a hearing will be scheduled with the Fine Committee and, a fine may be levied on the basis of each day of continuing violation, with a single notice and opportunity for hearing. The third or “Final Notice” : Will indicate that legal action will be taken if the owner does not contact Sentry Management within 7 days. The time frame between letters can vary from as little as 7 days for commercial vehicles/inoperable vehicles to 60 days for landscaping issues. 69 • On a monthly basis, the Association Manager will confirm that the violation still exists after expiration of the Final Notice and collate the required file material to refer the owner to the Association’s attorney. • The Association Manager will provide a list of candidates for legal action to the Board of Directors for review and approval. • Upon receipt of approval the Association’s attorney will be sent the file material with a request to pursue compliance from the owner. Outline of legal action steps: • Initial demand letter will be sent from the attorney requesting compliance within a certain timeframe. • If, the Association Manager confirms the violation still exists, the attorney can file a Petition for Mediation with the Florida Department of Business and Professional Regulation. – Cost to be split between the parties. • If, still not resolved, the Association can file an action in Court against the violator. The Association may suspend, for a reasonable period of time, the rights of a homeowner, tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines. 70 Violations and Fines Process Letter Effective immediately A new process has been developed relative to violations of the Tivoli Woods Village B Homeowner’s Association Covenants, Bylaws and Regulations. The Association shall notify the Owner of said Lot in writing, specifying the nature of the condition to be corrected, and if the Owner has not corrected or does not begin and diligently pursue to correct same within fifteen (15) days after the date of said notice a violation process will be initiated. Community members are responsible for reporting violations to the property manager. If the violation is of the nature that it is difficult to detect by the Property Manager, designated committee member or a Board member, three (3) writing complaints from three (3) different homeowners can be substituted for the violation being seen by the Property Manager, designated committee member or Board member. Violations shall be documented with a photograph showing the alleged violation as well as the address of the property being reported. Upon receipt of this report, the association manager will implement a fair and equitable practice of sending three letters, if necessary, to advise an owner of an unresolved covenant violation and will recommend legal action to the Board of Directors, if the violation is not resolved. • The first letter shall be deemed as a “friendly reminder” that requests the violation be corrected. • The second letter will be more strongly worded and a hearing will be scheduled with the fine committee and a fine may be levied on the basis of the violation. This will be the single notice and opportunity for a hearing. • The third and final notice will indicate that legal action will be taken if Sentry Management is not contacted within 7 days of the receipt of the letter. Each type of violation will receive one letter of warning. If the violation is not corrected, or occurs again, the property owner will be 71 issued a fine. The fine will be $50 with a levy of $5 for each additional day that the violation continues not to exceed $1,000 in total. Additionally, no structural or improvement of any nature may be erected, placed or altered on any lot until the construction plans and specifications showing the location of the improvement, change or structure have been provided to and approved by the ARC in writing and all necessary governmental permits and requirements have been obtained. If any improvements, stated above, are begun prior to receiving written approval from the ARC, a fine may be imposed. The fines will be $100 if the improvement is under $500, $200 if the improvement is between $501­ $1,000, $400 if the improvement is between $1,001­$5,000 with a levy of $5 for each additional day that the violation continues. Homeowners have the right to have a hearing before the committee to dispute alleged violations for which fines have been levied. These hearings will be scheduled by the community manager within fourteen (14) days of notice of the fine and will be held on the second Tuesday of each month at 6:00 p.m. Fines charge shall be a personal obligation of the Owner and shall become immediately due and payable in all respects, together with interest calculated at the highest rate allowable by Florida Law, attorneys fees, court costs and other fees or costs of collection as provided for other assessments of the Association. All fines are due and payable within seven (7) days after they are billed or within seven (7) days of the committee imposition at a hearing. It is the Board and the Committee member main goal to maintain a community in which we can all take pride and to maintain our home values. We ask for your assistances in this endeavor by following the Covenants, Bylaws and Regulations of our community. This is a Deed Restricted community, Florida law requires that prior any/all major exterior/interior improved, some landscaping is done an ARC approval and governmental permits be obtained. 72 Table of Contents GENERAL RULES AND REGULATIONS ADMINISTRATION 2 GENERAL INFORMATION 2 STATEMENTS AND PAYMENTS 2 DELIQUENT ACCOUNTS 2 SPECIFIC ASSESSMENTS 3 CHANGE OF ADDRESS 3 SALE OF HOME 3 GARAGE SALES 3 ENFORCEMENT PROCEDURES 4 SCHEDULED OF FINES 4 ARCHITECTURAL REVIEW 5 AIR CONDITIONERS 5 ANIMALS 5 PETS 6 ANTENNAS 6 BAR­B­QUE GRILLS 6 BURNING 6 BASKETBALL GOALS 6 BOATS 7 BUILDING REPAIR 7 BUILDING – TEMPORARY 7 BUSINESS 7 73 CLOTHES DRYING 7 COMMUNITY POOL 7 CONSERVATION AREAS 8 DESIGN GUIDELINES 8 DRAINAGE 8 DRIVEWAYS 8 DUMPING 8 EASEMENT PLANTINGS 9 EXTERIOR LIGHTING 9 FIREARMS 9 FENCES, WALLS AND HEDGES 9 EXTERIORS 9 FENCES 9 FLAGPOLES 10 FOUNTAINS 11 GARBAGE DISPOSAL 11 11 VEGETABLES GARDENS 11 HEDGES 11 HOLIDAY DECORATIONS 11 HOUSE NUMBERS 11 LAKES/PONDS 11 PONDS 12 DOCKS 12 12 ORNAMENTATION 12 MAINTENANCE OF LANDSCAPED 12 GARAGES LANDSCAPING 74 WEEDS 12 PLANTS/VEGETATION 12 LAWNS 13 IRRIGATION 14 LIGHTING 14 MAILBOXES 14 NUISANCE 14 QUIET TIME 15 PAINT 15 VEHICLE PARKING 15 PIPES AND TANKS 16 POLLUTANTS 16 PODS CONTAINERS 16 PROPANE GAS 16 RECREATION EQUIPMENT 16 TOY OR PORTABLE BASKETBALL POLES 17 ATV’S 17 RESIDENTIAL USE – NO SUBDIVISION 17 RENTAL RESTRICTIONS 17 RENTAL AGREEMENT 18 ROOF MAINTENACE 19 SCREEN ENCLOSURES 19 SHUTTERS 19 SIGNS 19 OPEN HOUSE SIGNS 20 COMMON AREAS 20 SOLAR EQUIPMENT 20 75 SOLAR TINTING 20 SPEED LIMIT 20 SOLICITATION 20 STORAGE SHEDS 21 STORM WATER 21 21 SWIMMING POOL AND SPA EQUIPMENT 22 TIME SHARE SWIMMING POOLS AND SPAS 22 TRASH & GARBAGE 22 REFUSE DISPOSAL 23 TRASH­COMMON AREAS 23 TREES 23 TRELLISES 24 UNDERGROUND WIRES 24 VEHICLE PARKING 24 VEHICLES –PROHIBITED 25 WATER CONDITIONERS 26 WILDLIFE MANAGEMENT 26 WOOD PILES 26 28 29 29 29 29 29 30 30 30 ARCHITECTURAL CONTROL GUIDELINES ARCHITECTURAL REVIEW COMMITTEE HOMEOWNER' S REQUIREMENTS ACCESSORY STRUCTURES ANTENNAS AIR­CONDITIONING AND MECHANICAL EQUIPMENT ATTIC VENTILATORS GAZEBO DECKS DOCKS 76 DRAINAGE IMPROVEMENTS ENTRY DOORS/TRIM EXTERIOR LIGHTING TRELLIS/ARBOR FLAGS SOLAR WATER HEATERS GARDEN ORNAMENTS GARAGE AND GARAGE DOORS GUTTERS AND DOWNSPOUTS SCREENED ENCLOSURES AND PORCHES DESIGN AND MATERIALS CANTILEVERED PORCH OVER BANGS SPAS SWIMMING POOLS CHILDREN’S PLAY STRUCTURES BASKETBALL GOAL BAR­B­Q PITS/GRILLS BURNING COMMUNITY POOL DRIVEWAYS AND WALKWAYS EXTERIORS PAINT LANDSCAPING/IRRIGATION SUGGESTED PLAN MATERIAL LIST PROHIBITED PLANT LIST STREET TREES CORNER YARD LANDSCAPE CORNER YARD LANDSCAPE CORNER YARD LANDSCAPE IRRIGATION FENCING FENCE ON SLOPE LAKE AND CONSERVATION SITE LINES PROHIBITED FENCES LANDSCAPE MAINTENANCE LIGHTING MAILBOXES ROOFS SATELLITE DISHES ARCHITECTURAL REVIEW PROCESS FENCING SPECIFICATIONS MISC INFORMATION 50, 51, 52 & 53 ARC REQUEST FOR APPROVAL FORM 77 30 30 30 31 31 31 31 31 31 31 31 32 32 32 32 32 33 33 33 33 33 34 34 34 34 35 35 35 35, 36 & 37 38 39 40 40 40 41 42 42 42 42 42 43 44, 45, 46,47, 48 & 49 54 & 55 ARC VARIANCES PROCEDURES 57, 58 & 59 ARC – FENCES FENCES FENCES SELF INSTALLATION FORM 61, 62, 63, 64, & 65 68, 69 & 70 71 & 72 ADOPTED AUGUST 11, 2009 66 VIOLATONS & FINES FINES AND VIOLATION COMMITTEE VIOLATION AND FINES PROCESS LETTER TIVOLI WOODS VILLAGE B – OAK CREST 78