WESTOVER CLUB HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
Definition: For the purpose of these Rules and Regulations, the terms ‘Docs’, and
‘Governing Documents’ will be defined as the dynamic set of documents to include:
Westover Club Articles of Incorporation, Declaration of Covenants and Restrictions for
Westover Club (aka “CC&R’s”), the Bylaws, these Rules and Regulations and any
addenda or revisions thereto.
General Information
The following Rules and Regulations are to be referred to as a supplemental reference
to the Declaration of Covenants and Restrictions for Westover Club, and should be
reviewed in it’s entirety to ensure that the Westover Club community is maintained in the
community’s best interests for long term property value by ensuring consistent
architectural harmony, aesthetics, and safety.
This Rules and Regulations document was developed to provide easy reference to
information regarding day-to-day community regulations and particulars regarding
changes to home exteriors and landscapes. It is an aid and a clarification to the
Declaration of Covenants and Restrictions for Westover Club, and not a substitute. The
Westover Club Homeowners Association (HOA) Board retains the right to amend and
update these Rules and Regulations as necessitated by Florida law, community
sentiment, or public trend. All homeowners will be notified of any such changes in a
timely manner, prior to implementation of the changes.
ARB Note:
Please note that it is the homeowner’s responsibility to complete and submit an
Architectural Review Board (ARB) request for any changes to the exterior of a Westover
Club home or landscape. Directions for submittal are on the forms available on the
property management company website. Please pay particular attention to fill out the
form completely and to provide appropriate attachments. Incomplete forms will be
returned and marked ‘denied’ with an explanation of the reasons, and will require a
resubmittal. This will allow the ARB to respond in a timely manner. Please be aware
that a response from the ARB can take as long as thirty (30) days. Accordingly, all
requests should be submitted in sufficient time so as to allow for an appropriate review
by the ARB before scheduling with contractors and delivery of materials for
commencement of work.
Approval from the ARB does not constitute compliance with building, zoning or any other
Orange County codes. You must apply and receive the necessary permits required by
Orange County prior to beginning any exterior construction. All permits must be posted
and all required inspections must be done.
If a homeowner has any questions regarding these rules and regulations and your
obligations for compliance, please contact the property management company to
register your inquiry with the Board of Directors and/or ARB. It is particularly important
to resolve all questions BEFORE making alterations, initiating contracts, or engaging
workers to begin any changes to your property.
Westover Club is a Deed Restricted Community. By law, all persons purchasing
homes in Westover Club must abide by the Governing Documents. The
restrictions defined by these documents continue with each successive owner,
and are considered attached to the property. Pleas of ignorance or lack of
knowledge are neither legitimate nor defensible excuses for neglecting to follow
the defined regulations. Similarly, failure to submit ARB Request forms for
exterior alterations will be considered violations of the Declaration of Covenants
and Restrictions for Westover Club.
APPEAL PROCESS TO THE ARB COMMITTEE DECISIONS:
If a homeowner does not agree with an ARB decision, then the homeowner may appeal
to the HOA Board for review at a regularly scheduled board meeting. A homeowner’s
request for reconsideration must be submitted in writing and delivered to the current
management company’s mailing address for proper routing. The review process will
consist of an initial review at a regularly scheduled Board meeting, followed by a ruling at
the next scheduled meeting. All Board of Directors (BOD) appeal decisions are final.
VIOLATION OF RULES AND REGULATIONS:
1.
Any homeowner found to be in violation of any part of the Covenants and
Restrictions, Architectural Guidelines, Rules and Regulations, or any other document
legally binding upon all homeowners of the Property will receive written notification from
the management company. The management company’s notice will clearly state the
compliance issue with requirements and timeline for resolution.
2.
In the event the homeowner does not come into compliance with the terms of the
Association documents within the specified time for resolution, remedies include, but are
not limited to: HOA correcting the violation and billing the costs to the homeowner,
attorney referral, court judgment, and property liens.
A.
PAINTING:
1. ARB approval is required prior to repainting of Westover Club homes.
2. Touch-up painting of minor repairs - with existing colors – does not require ARB
approval, providing that original texture and color are matched. Should the
original surface have weathered to a point that the touch-up painted area does
not blend in to the rest of the adjacent surface, then the house or side must be
repainted.
3. Should the paint fade, bleed or otherwise become unsightly, in the discretion of
the ARB, then the home must be repainted following approval of the ARB.
4. Construction blocks which become visible through existing paint, shall require a
repainting of the home, with advance ARB approval.
5. The only house and trim colors which will be approved by the ARB are:
a. The colors identified on the current HOA approved color palette
b. The existing colors painted on the home
6. House and trim paint must be satin or flat finish only
7. Only front doors and shutters may be painted an accent color. The only accent
color which will be approved by the ARB are:
a. The accent colors identified on the current HOA approved color
palette
b. The existing color of the front door and/or shutters providing the entire
home is repainted with its existing color so as to maintain the original
color scheme
c. In case of a repair to a front door or shutters, homeowner may choose
an accent color on the approved palette if the existing color is
unavailable. The accent color must blend with the existing color
scheme of the home.
d. No exterior door may be faux painted to look like wood or any other
design.
e. Accent colors may be semi-gloss or gloss finish only.
8. The garage door(s) must be painted with either the body color or the trim color.
Garage doors may not be painted with accent colors intended for doors and
shutters.
9. All surfaces of the house must be kept clean of dirt, rust, mildew, mold, and other
soiling matter.
10. Any repairs to the home – whether to stucco, exterior surface, doors, shutters, or
other visible surfaces (other than roofing materials) - must be repainted to
conform with the color scheme of the home. Repainting must be completed
within 10 days of repair completion.
B.
FENCING AND WALLS:
1. All fencing, walls, or similar structures used to enclose a homeowner’s exterior
space must be approved by the ARB prior to installation.
2. All fences must be wrought iron, black aluminum, or white vinyl PVC.
3. No wood, or chain link, or other materials will be permitted.
4. No fence may be constructed in the following areas, as explicitly stated in our
recorded documents: (1) no fence can pass the plane of the front of the house if
only the house front faces the street; (2) if the side of the house faces a street, a
fence cannot pass the side plane of the house. Any existing fence which does
not conform with this regulation at the time of enactment, does not set a
precedent for any further ARB action; said fences may not be replaced in a noncompliant configuration once a substantial portion has been removed or
damaged, in the sole discretion of the HOA Board and its committees.
5. No fence, including shrubs used as fences, shall exceed six feet in height.
6. All gates must be the same material and finish as the fence.
7. Posts must be set in concrete to keep posts level and upright. Professional
installation is recommended.
8. Homeowners must maintain fences structurally and aesthetically. Any vinyl or
PVC fences must be cleaned regularly by the homeowner so that no plant life,
fungi, mildew, mold, or dirt exists on surfaces visible from street or neighboring
properties. Metal fences or fence components are to be maintained
appropriately to keep fences uniformly painted and free of visible rust or other
corrosion.
9. If shrubs or trees are used as part of a fencing design, they must be illustrated on
a copy of a property survey (as found on the Orange County Property appraiser’s
website and in closing documents) submitted with an ARB application prior to
purchase and installation.
C.
Landscaping
1. All landscapes shall be graded and otherwise landscaped in keeping with the
general conformity of Westover Club, in the sole discretion of the HOA Board
and its committees.
2. All landscaping changes require ARB approval. Landscape changes include,
but are not limited to:
a. Any modification of either bedding or sodded areas
b. Removal of live trees with trunks greater than 3 inches in diameter or
greater than 6 feet in height if replacement/substitution is not performed
at the time of removal.
c. Addition of trees or shrubs other than one-for-one replacement in the
same location for dead or distressed plantings
3. No artificial plants or cover are permitted, except for decoration on a front entry
porch.
4. No vegetable gardens may be visible from the front streetside view. For corner
lots, gardens on the rear or side of the home must be shielded from street view
by approved shrubbery or fencing.
5. Lawns shall be maintained with grass blade length of less than 6 inches, and
shall be kept in green and healthy appearance.
a. Dead areas must be treated and repaired/resodded immediately.
b. Lawn servicing shall include sweeping or blowing of cuttings from street,
sidewalk, driveway and walkways.
c. Lawn servicing shall include edging of streetside, driveways, walkways,
and sidewalks.
d. Lawn servicing shall eliminate weeds emerging from cracks in sidewalks,
walkways, and driveways.
e. Lawns shall be maintained as a single turf grass and free of weeds and
distressed areas exceeding 2 square feet in size.
6. Trees: A minimum of 2 trees shall be maintained on each lot (including the
adjacent easements) all of which shall be greater than 10 feet in height.
a. Robellini’s shall not be considered trees in this calculation.
b. Newly planted trees, including replacements, must be at least 10 feet in
height or have at least a 3 inch diameter trunk at the time of planting.
c. Street and sidewalks shall have a 7 foot clearance from overhanging
branches.
d. Trees shall be kept trimmed of dead branches, to maintain a clean
appearance with even growth pattern.
e. Palm tree seed pods shall be removed as soon as practicable after
blooming. Yellowing and dead palm fronds shall be removed.
f. Trees should be pruned to remove dead limbs, water sprouts, and
suckers and to maintain the general natural shape characteristic of that
species.
g. Limbs which endanger physical property of an adjacent home or common
HOA property must be removed.
7.
Earthen forms and structures shall require approval of the ARB – such as (but
not limited to) swales, ponds, dunes, hills, mounds, berms, and drainage paths.
8. Landscaping structures shall require approval of the ARB, including, but not
limited to: walkways, gazebos, edging (concrete/stone/brick), lattice, trellises,
and landscaping walls/barriers.
9. Landscapes and fences may not impede visual sight paths for vehicles, bikes,
or pedestrians using streets and walkways as measured by the discretion of
the HOA Board and its committees.
10. Landscape lighting plans are required to be approved by the ARB prior to
installation, and should contain information as to the number, style, output, and
location of lights.
a. Holiday lighting shall not require ARB approval, providing such lighting
follows guidelines set forth under decorations in this document.
11. Composting containers are prohibited unless approved by the ARB as
appropriately shielded and placed to avoid nuisance to neighbors.
12. Hedges and continuous shrub lines shall not be permitted adjacent to or within
15 feet of any community sidewalk or roadway. Shrub lines shall not obscure
the frontal view of the home, and shall always be maintained at a height less
than 48 inches unless approved specifically as a side or rear landscape fence
(see section on fencing for guidelines).
13. Bedding areas shall be maintained with soil then completely covered by mulch,
stones, or similar erosion preventing material at all times as a conservation
measure.
Irrigation control devices, including timers and rain sensors, are required as
minimum standard equipment to prevent unnecessary watering.
D.
Yard Decor:
1. Lawn ornamentation shall be commensurate with the general architectural theme
of the development. It should enhance the natural look and ambiance of the
neighborhood. Lawn ornaments shall require approval of the ARB, unless
governed by holiday decorations guidelines contained herein. Lawn ornaments
include, but are not limited to: statues, fountains, birdbaths, and other man-made
objects that are placed for aesthetic purposes.
2. Decorative and ornamental yard accessories, such as flamingos, birdbaths,
wishing wells, statues, fountains, landscape brick and the like require prior
approval of the ARB. ‘Prior’ means before placement. The ARB will not approve
requests for approval of accessories that are not consistent with the aesthetics of
the neighborhood, and such requests will be subject to the sole discretion of the
ARB.
3. No beach, pool, cabana or picnic style furniture shall be visible from the street.
4. If decorative items are placed in a manner which is reasonably construed by the
ARB or the HOA Board, as causing disturbances, nuisances, inconveniences,
safety concerns or unsightliness, the HOA Board and it committees have the
right to require the homeowner to make appropriate alterations to, or to remove,
the items.
E.
PATIOS, POOLS, ENCLOSURES, AND STRUCTURAL CHANGES
This section governs all attached and detached structures, both permanent and
temporary.
1.
All modifications affecting the structure or appearance of the exterior of a
Westover Club home will require ARB approval. Requests will be evaluated at
the discretion of the ARB as conforming or non-conforming with the style and
ambiance of the Westover Club community. Modifications include addition of
new structures or modifications to existing structures.
2.
All structural change requests submitted for ARB consideration are required to
include a copy of a certified survey with illustrations to scale of the proposed
changes. Changes to a home shall be accompanied by illustrations from top
and, if at all appropriate, side views. Failure to include the illustrated survey
will constitute an incomplete application, and decision will be deferred until a
complete application is received.
3.
All submitted ARB requests for structural changes are required to include an
estimated timeframe for completion, and to identify any selected contractors
with their Florida and Orange County, Florida operating licensing numbers.
4.
Building Structures
a. Structural changes to homes in Westover Club shall be planned within the
original style of the homes in the community as evaluated by the ARB and
HOA Board.
b. Roof heights may not exceed the maximum roof height existing in the
community.
c. Homeowners are responsible for daily cleanup of construction debris on
and within the altered property. Minimum of weekly debris removal is
additionally required, in keeping with the need for maintaining a safe and
aesthetically pleasing community. Receptacles (dumpsters, trash bins,
etc) must be completely within private boundaries of the homeowner’s
site, unless a waiver is specifically approved by the ARB.
d. Care should be taken to avoid damage to adjoining lots and common
areas (see section 9 below for more details).
e. Materials and finished texture must be fundamentally similar to original
construction.
f. Original construction setbacks shall be preserved for any modification to a
front or side adjacent to a road.
g. Project materials shall not be stored for any period of time on Westover
Club community property, including streets, storm drains, sidewalks and
other community-maintained areas.
h. Construction vehicles and trailers may not be stored in the community
overnight, and may not at any time obstruct traffic within the community.
5.
Patios:
a. Permanent extensions or additions to existing patios are required to be
finished in similar coloring and texture as the original feature.
b. Slabs may not extend beyond the plane of the front or sides of any house,
except that a single entry slab corresponding to current local building
codes may be placed adjacent to a side patio enclosure entry door. All
such slabs must be finished to match the adjacent patio texture and color.
6.
Swimming Pools:
a. Westover Club only permits permanent in-ground pools and hot tubs (aka
“spas”). Above-ground swimming pools are not permitted.
b. Neither the pool, the screen enclosure, nor deck slabs may extend
beyond the side plane of any home.
c. Pool equipment must be located at the rear of a home, or on a side
immediately adjacent to the rear corner.
d. Pool equipment located on a side wall must be shielded from street view
by appropriate landscaping or fencing, which must be approved by the
ARB prior to installation. Corner lots with pool equipment on a side wall
that faces a street are required to shield equipment from both front and
street-side views, as described herein.
7.
Private recreation surfaces are prohibited. These include, but are not limited
to, asphalt, wood, and concrete slabs for tennis, skating, skateboarding,
hockey, and other hard-surface activities.
8.
Screen Enclosures
a. Screen enclosure frames must be either white or bronze in color.
b. The highest point of an enclosure may not exceed the peak roof height,
nor extend beyond the side plane of a home. No portion of an enclosure
should be visible from the front side of the home.
c. Screening material may not be opaque above any cross member at or
higher than 3 feet above the slab surface.
d. Screening shall be maintained in good repair at all times. Pulled or torn
panels must be replaced in a timely fashion.
e. Damaged or disconnected framing must be repaired or replaced in a
timely fashion.
f. Screen doors with broken or damaged hinges, panels, kick plates, latches
or other components must be repaired or replaced in a timely fashion in
order to ensure that the enclosure remains aesthetically pleasing and
functionally secure from entry of young children (consistent with Orange
County codes).
9.
Community Area Damage and Debris
a. When homeowner projects damage or soil community areas, community
property, or neighboring property, it shall be the homeowner’s
responsibility to restore the areas or property to their original condition.
i.
Cleanup and repairs to common areas must be executed
immediately upon completion of the project, or as is reasonable
during the work cycle.
ii.
While the project is under construction, the homeowner shall take
appropriate measures to protect the public from injury.
iii.
While a project is underway, homeowners will take appropriate
steps to minimize the unsightliness and maximize the safety of
any damaged community area or community property (e.g.
sidewalks and community walls) until such time as the damage is
repaired.
iv.
Any damage to neighboring properties should be resolved with the
owner(s) of the neighboring properties in an expeditious manner.
Homeowners should work together to resolve any such situations
in an amicable manner.
10. After 10 working days from completion of a project, any untended cleanup or
repair of community property may be completed by Westover Club HOA at the
homeowner’s expense. If, prior to the expiration of the 10 working days, the
community management office receives written notice of intent to repair by a
date deemed acceptable, then it shall be at the discretion of the HOA Board to
grant an extension commensurate with the complexity of the necessary work.
F.
Garages:
1. Any changes to the external appearance of any garage must be approved by the
ARB. Garage doors may only be painted a single color to match the base color
or trim color of the house.
2. Garages may not be converted to living spaces, as per recorded Westover Club
governing documents. All homes must maintain a functioning garage of no fewer
than two car capacity. However, no portion of any garage may be converted to a
use other than the storage of vehicles and/or motorized conveyances or
alternatively – for storage of items or equipment that are ordinarily used outside
of the home (e.g.: Boat, Lawnmower, etc).
a. No portico, non-attached garages, or other parking shelters shall be
constructed, as per Westover Club governing documents.
b. Sheds and other storage structures are not permitted.
G.
Roofing:
1. All roofing changes, including but not limited to changes to soffits or fascia,
addition or alteration of gutters or downspouts, or changes to shingles must be
approved by the ARB.
2. Any changes to the color, size or texture of the shingles shall be approved by the
ARB. Repair or replacement of shingles need not be pre-approved by the ARB if
the color, size, texture and composition of shingles exactly match those which
are being repaired or replaced AND exactly match the remainder of the shingles
on the roof.
3. Any temporary, emergency repairs must be made using materials that are as
inconspicuous as possible and must be replaced and permanently repaired as
soon as possible.
4. Roofs shall be maintained to be free of mold and mildew at all times.
H.
Security Bars:
1. No security bar system may be visible from the exterior of any window or door of
any structure on the property.
I.
Driveways and Sidewalks:
1. Any additional patio or walkway extensions or additions must be approved by the
ARB.
2. Any pavers, concrete or other materials used to replace or repair existing
driveways, aprons, or walkways must be approved by the ARB.
3. Driveways and entry walkways may be sealed with clear, non-glossy sealer
without prior approval of the ARB. However, any sealer, paint or other applied
material that alters the appearance of the driveway or walkway must be approved
by the ARB.
4. All pavers, sidewalks and walkways must be maintained free of weeds and clear
of dirt, mildew, mold, rust, oil stains or other unsightly substances. Homeowners
are required to maintain the visual appearance of the community sidewalk
adjacent to the property in a similar manner.
5. Driveways, walkways and pavers must be kept level and maintained in good
repair. Public sidewalks and driveway aprons (concrete between the street and
sidewalk) may not be painted or sealed.
6. If any sidewalk or driveway apron is in need of repair, the homeowner is required
to notify the community’s Management Company and the HOA Board
immediately. To the extent that entry onto the homeowner’s property is
necessary to effectuate proper repair of the sidewalk or driveway apron, the
homeowner must allow reasonable access for the purpose of affecting the
repairs.
J.
AWNINGS:
1. Must be approved by the ARB prior to installation and must blend with the home,
in the discretion of the ARB.
2. Awnings may be either retractable or stationary but must be attached to the rear
of the house only, and may not be freestanding
K.
SHUTTERS:
1. Permanently affixed decorative or hurricane shutters must be approved by the
ARB prior to installation. The ARB strongly recommends that a request be
submitted and decision rendered prior to purchase, as the ARB’s decision will not
be influenced by the homeowner’s prior expenditure on the shutters.
.
2. Permanently affixed shutters must appear similar to the color and design
generally accepted as complementary to the exterior of the house, in the sole
discretion of the ARB, and must be painted the trim color or door color of the
house.
3. Temporary Hurricane shutters are permitted without specific ARB approval.
However, deployment of any hurricane shutters shall only be permitted following
a US Weather Service storm watch or warning announcement. Moreover,
hurricane shutters must be removed within 48 hours after the “all clear” is
announced.
L.
WINDOWS:
1. Windows must be clear glass.
2. Window film must receive ARB approval prior to installation.
3. Window film must be 20% visible light reflected or less and non-reflective.
Mirrored films or treatments are prohibited.
4. Replacement or addition of windows requires ARB approval prior to installation.
M.
CLOTHESLINES:
1. Permanent clotheslines are not allowed, except as required to be permitted by
law.
2. Any request for a clothesline must be approved in advance by the ARB
N.
PETS:
1. No animals, livestock, poultry, or fowl of any kind shall be raised, bred, or kept on
any lot with the exception of domesticated dogs, cats and other “common”
household pets. For the purposes of this provision, the term “common” means
that which is readily available for purchase at local pet stores, is not restricted for
ownership or transport by laws or local ordinances, and is not excluded for
coverage by the homeowner’s liability insurance.
2. All dogs are to be on a leash when outside of the home and are not permitted to
leave the confines of the homeowner’s property unattended.
3. Dogs may not be left outside and unattended within a yard or enclosure while
homeowners are away from home.
4. Dogs that continuously howl, bark, growl, or whine constitute a nuisance and
shall not be left outside for extended periods.
5. Each owner is responsible at all times for prompt collection and proper removal
and private disposal of animal waste from their dog.
6. Animal pens, dog runs, and kennels are not permitted.
7. All dog houses are to be approved by the ARB for size, appearance, design and
placement. The ARB shall only approve dog houses that are designed to provide
long-term shelter to a family pet and are shielded from view of the street and
neighboring properties, in the discretion of the ARB.
8. Pet owners are responsible and liable for actions by their pet while on common
areas.
O.
Community Areas:
1. Westover Club’s community park and playground hours are from dawn to dusk.
2. This community park and playground is for everyone’s enjoyment. As such,
there is to be no loitering, vandalism, or destruction of property in this area.
Excessively loud noise, bullying, profanity, violence, or offensive music is
specifically prohibited. Offenders will be barred from use of the park and
playground and may be referred to authorities for prosecution when appropriate.
3. The dry retention pond, adjacent to Hempel and Westover Roberts Road is
private property and not for all-terrain vehicles, dirt bikes, cars, or other
recreational equipment. Violators are subject to prosecution. This area is also
not intended to be a meeting place.
4. No overnight parking is allowed in common areas, including streets and the
community park.
5. Young children must be attended and supervised by an adult at all times while in
the Community Park and playground.
P.
LEASES:
1. Only leases of at least 12 month duration are acceptable in Westover Club.
2. It is the owner’s responsibility to notify the HOA’s management company prior to
the tenant moving in and to provide the following information:
a. Tenant’s name and contact information ,
b. The owner’s preferred mailing address and, if different, street address of
owner’s residence (post-office boxes are unacceptable for this latter
purpose), and
c. A copy of the lease.
3. The lease or an accompanying document must list all the occupants, including
full names of adults, and names and ages of children living in the house.
4. It is the owner’s responsibility to provide the tenant a copy of Westover Club’s
Articles of Incorporation, Rules and Regulations, Bylaws, and CC&R’s. The
lease must obligate the tenant expressly to abide by the terms of these
community documents, and must grant the HOA an express right to enforce
these terms, rules, and regulations upon the tenant.
5. If tenant violates any portion of the HOA Rules & Regs, Bylaws, or CC&R’s, then
both the tenant and homeowner will be notified. The homeowner retains
responsibility to exercise all steps within the homeowner’s rights as a landlord to
achieve compliance via corrective action by the tenant. The HOA shall have the
right, in its discretion, to take corrective measures against the homeowner,
tenant, or both. (See Violation of Rules and Regulation Section).
Q.
RESALES:
1. Westover Club is a Deed Restricted Community. By law, all persons who
purchase a home in Westover Club must abide by the Westover Club HOA
governing documents.
2. The HOA governing documents must be passed on to each subsequent buyer of
the home and are attached to the property.
3. All contracts with builders and all contracts for the sale of lots in Westover Club,
including resales, shall incorporate the following disclosure:
Notice of Private Road and Drainage Easement,
Maintenance Assessments And Reserve Account
Prospective purchasers of lots within Westover Club are hereby notified that
the private roads and drainage system, existing and to be constructed, in
Westover Club, must be maintained, resurfaced and repaired by the
Association as more particularly described in the Amended and Restated
Declaration of Covenants and Restrictions for Westover Club as recorded in
O.R. Book 6163, Page 1611, Public Records of Orange County, Florida (“the
Declaration”). The assessments will, in part, be placed into a separate
reserve account, in order to create a reserve sufficient to repave all roads in
Westover Club every fifteen (15) years. The Association shall annually have
the private roads inspected by a registered engineer using the reserve funds.
Owners will not be entitled to a discount in Orange County taxes because of
the fact that the subdivision has private roads or a private drainage system.
This notice shall be included in each sale contract and/or resale contract
relating to the sale or resale of a lot in Westover Club, as appropriate.
4. Pleading ignorance or “not knowing” the rules is neither a legitimate nor a
defensible excuse for neglecting to submit an ARB Request/Submittal Form for
an exterior alteration or abiding by the HOA governing documents, including
these Rules and Regulations.
R.
Satellite Dishes/Antennas:
1. Antennas or other visible communication reception devices are prohibited except
to the extent permitted by section 207 of the Telecommunications Act of 1996
and 47 C.F.R. §1.4000. Any reception devices permitted under the
Telecommunications Act of 1996 and 47 C.F.R. §1.4000 must be placed as
inconspicuously as possible without interfering with signal reception. This
requirement will automatically apply to any future regulatory
restrictions/permissions that emerge and make the specific Act above obsolete or
outdated.
2. Satellite dishes of one meter or less in diameter or diagonal measurement are
permitted, however they must be installed as inconspicuously as possible without
interfering with signal reception. Homeowners must consult the ARB before
installing satellite dishes so as to permit the ARB to confirm the permissible size
of the satellite dishes and to assist in the placement of same.
S.
Holiday Decorations:
1. All exterior signs, lights, yard decorations and interior decorations that are visible
from the street may only be displayed during the season appropriate to the
specific holiday(s).
2. December holiday decorations shall not be displayed prior to November 15th,
and shall be removed by January 15.
3. Decorations for special occasions, such as birthdays, retirements, births, graduations,
and similar non-recurring or infrequent events, shall be displayed no longer than one
week (seven days) prior to and/or following the occasion, and no more than an
aggregate of ten (10) days.
T.
Signage:
1. Real Estate Signs
a. Only one professionally printed real estate sign per property, no larger than
six (6) square feet, may be displayed in the yard, until a sale completes.
Such sign must be removed within 48 hours of closing.
b. Once adopted, all real estate "for sale” signs must conform to the Westover
Club HOA Standard Real Estate Sign Specifications.
c. Only real estate signs advertising "for sale” are permitted. No Lease/Rent
signs of any kind are permitted.
d. Signs must be clean and maintained in good repair.
e. Signs may not be placed in front of the main entrance gates except during the
same day of an open house, after which time the sign must be removed on
the same day.
f.
During an open house, directional signs may be placed within the easement
between roadway and sidewalks, which must be removed on the same date
of showing.
g. No signs may be placed in any window, excepting those specifically permitted
by law.
2. Security Signs
.Any parcel owner may display a sign of reasonable size, within the sole
discretion of the ARB, provided by a contractor for security services within 10 feet
of any entrance to the home.
3. Other signs
1. Temporary signs may only be displayed within the legal boundaries of
privately owned lots (with the express permission of a title-holder to the
property) and as explicitly approved by the Board and its committees.
Community-wide events or information may be advertised or noticed via
sign(s) explicitly designed, approved, and placed by the Board and its
committees.
2. Signs of no more than 144 square inches pertaining to safety matters such as
the presence of a dog on the premises, the existence of a hazard on the
premises or any other matter presenting a potential physical danger to
persons entering the property may be displayed in such locations as to
protect persons entering the property. The posting location and
characteristics of such signs require prior approval of the ARB. Such signs
shall be professionally printed, molded or crafted. They shall not be
overbearing in color or style, or excessive in number as deemed appropriate
for Westover Club in the discretion of the ARB.
3. Temporary signs warning of “treated grass” or other such warnings advising
the public to avoid entering portions of the property may be displayed as
necessary, and shall be removed within a reasonable time. Such signs shall
be professionally printed, molded or crafted. They shall not be overbearing in
color or style, or excessive in number, in the sole discretion of the ARB.
4. No other signs may be displayed in Westover Club unless they constitute
holiday decorations and comply with the “Holiday Decorations” portion of
these Rules and Regulations.
5. No signs may be placed in any windows.
6. No signs may be displayed on or in any vehicle regularly parked in open view
of other Westover Club residents.
U.
Flags:
1. Any homeowner may display one portable, removable United States flag or
official flag of the State of Florida in a respectful manner, and one portable,
removable official flag, in a respectful manner, not larger than 4 1/2 feet by 6 feet,
which represents the United States Army, Navy, Air Force, Marine Corps, or
Coast Guard, or a POW-MIA flag.
2. Novelty flags (special occasion, event, schools, teams, religious, secular, etc.)
must be in good taste as determined in the sole discretion of the Board and its
committees.
3. Any flag that is tattered, torn, discolored, or stained must be replaced or removed
without delay.
4. Placement shall be limited to the landscaped, non-grassed area of the yard, or
affixed to the home.
5. No flag may exceed 3’ x 5’ with the exception of flags expressly exempted within
these Rules and Regulations or by state or federal law.
6. Any flag not expressly permitted by these Rules and Regulations are subject to
approval by the ARB before display. The ARB shall not approve flags
representing groups that are generally accepted as hate groups, and will be
evaluated in the sole discretion of the ARB. The ARB shall not approve flags
offending the community standards of good taste or decency, in the ARB’s sole
discretion.
V.
Vehicles, Boats and Trailer Storage:
1. Vehicles such as boats, jet skis, boat trailers, trailers, motor-homes, recreational
vehicles, campers, ATVs, commercial vehicles, junked vehicles and inoperable
vehicles, as well as any motorized conveyance that is not registered for use on
public roadways, may not be stored on streets or driveways overnight.
2. Auto body work and long-term or on-going vehicular repairs may not be done on
driveways or streets within Westover Club. Such work must be contained within
the garage and must not present a disturbance, nuisance, eyesore, or safety
hazard to neighbors. Such work may not be commercial in nature.
3. Commercial vehicles and vehicles with advertisements may not be parked in a
driveway overnight and must be enclosed in the garage.
W. Parking:
1. Parking of vehicles and motorized conveyances is not allowed on the street or
any unpaved portion of a homeowner’s property - with the exception of
commercial or public service vehicles temporarily present at the property while
performing services for, or on behalf of owners or residents of the property; or
guests visiting the property for less than six (6) hours. Guest permits may be
obtained by request to the current management company or the HOA Board.
Guests of a homeowner staying overnight or longer than six (6) hours are to park
in the driveway or garage of the home they are visiting.
2. Residents are not to park their vehicles on the road except in rare and short-term
cases, as vehicles parked on the roadway obstruct vision and present a hazard
to traffic and pedestrians.
3. A reasonable loading/unloading period of 24 hours will be permitted for parking of
boats, jet skis, boat trailers, trailers, motor-homes, recreational vehicles,
campers, ATVs, etc in a driveway. Exceptions for loading/unloading from a
street may be obtained by explicit permission from the HOA Board, though
requests for such exceptions need not be approved.
4. Any commercial vehicle (defined as any vehicle displaying advertising OR
having a vehicle rating at greater than ¾ ton cargo capacity) brought home
regularly by homeowners and parked in Westover Club must be stored inside the
homeowner’s garage. Unmarked standard vans (without box-cargo areas) shall
be permitted.
5. Per §316.1945, Florida Statutes, no vehicle may be parked in a driveway in a
manner which causes any part of the vehicle to extend over any portion of the
sidewalk or street.
6. No derelict or inoperable vehicles or unregistered vehicles may be parked on the
property unless completely enclosed within the garage.
X.
Trash and Refuse:
1. No lumber, bulk materials, refuse or trash shall be kept, stored or allowed to
accumulate on the exterior of any property except for building materials during
the course of active construction, repair or renovation of any property, as
permitted by Orange County and approved by the ARB. (See Construction
guidelines herein).
2. Household trash cans must be stored within the homes’ garage, and must be
returned from the curb no later than 24 hours from the emptying of the cans.
3. Hazardous materials are not to be put out with the household garbage, but must
be taken to an appropriate waste collection site.
4. In order to deter scavenging animals - which pose a health hazard to the
community - food wastes should be disposed of in plastic bags placed within a
closed bin when set roadside for pickup.
Y.
Decorative Exterior Lighting:
1. ARB approval is required for addition of outside fixtures. This includes lamp
posts, security floodlights, walkway lighting, landscape lighting and driveway
lighting.
2. Landscape, decorative and security lighting should be integrated into the
landscaping in a manner, which will enhance the beauty of the property.
3. All exterior lighting, excluding holiday lighting, must be clear or white.
4. No outdoor lighting shall be installed that may be or become an annoyance or a
nuisance to other Westover Club residents.
Z.
Doors Exterior:
1. Changes must be approved by the ARB.
2. Changes to any exterior door (i.e. any entry point or exterior garage door) must
be submitted to the ARB with a description, color, and picture brochure.
3. Any paint change from the existing color must be approved by the ARB prior to
painting, and must be selected from the approved Westover Club Paint Palette
options specifically identified as accent colors for doors. (refer to Painting Section
A item 7)
4. The ARB must approve any changes to, or replacement of, garage doors.
5. Real wood doors, in lieu of more common painted metal doors, may be
considered where consistent with house design, house exposure and other
reasonable factors for care and appearance. Such doors are subject to higher
than normal weathering damage which requires high maintenance efforts, and
will be evaluated accordingly.
AA.
Mailboxes:
1. The builder originally installed all mailboxes. It is the resident's responsibility to
maintain the mailbox and supporting structure. In the event a mailbox is
destroyed, or is in need of repair, please contact the management company or
the HOA Board.
2. Mailboxes must be maintained in good repair; with working flags and doors and
with visible, complete house numbers
3. Mailboxes must be free of writing, bumper stickers, signs and advertising.
BB.
Window/Wall Air Conditioner:
1. Air conditioner compressor units must be installed on the side or back of the
house only and must be shielded from street view with the use of hedges or
shrubs.
2. No wall or window air conditioner units may be installed.
CC.
Solar panels/collectors:
a. Solar panels are allowed in all Florida communities. However, the
placement of solar panels must be approved by the ARB before
installation. The ARB will be governed by §163.04, Florida Statutes,
which provides that homeowner’s associations “may determine the
specific location where solar collectors may be installed on the roof
within an orientation to the south or within 45° east or west of due south
if such determination does not impair the effective operation of the solar
collectors.”
DD. Game and Play Structures.
1. All recreational equipment must be approved by the ARB. This would include
swing sets, playhouses, trampolines, play gym structures, basketball hoops
and backboards, tree houses, etc. Yards housing a trampoline must be
fenced per association guidelines in order to avoid an attractive nuisance and
to protect children from injury.
2. Product information, photo or brochure, size and location noted on a lot
survey must accompany any ARB request form.
3. Installation must be in the backyard only and placed so as not to be seen
from the street when standing in front of the house.
4. Any existing game and play structure approved by the builder, inconsistent
with the above Rules and Regulations, does not set a precedent for any
future ARB action. Any such existing game or play structures that need to be
replaced must have ARB approval prior to replacement.
5. No skateboard, bicycle ramp or similar structure shall be permanently
installed or maintained overnight on any portion of any lot or street.
6. All recreational equipment must be maintained in an attractive and safe
condition, in the sole discretion of the ARB.