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General
Checklist for Buying a House
One of the most important things you can do is to make yourself a checklist as you search for, find, and buy a home.
http://www.ourfamilyplace.com/homebuyer/checklist.html
City of Lake City
City of Lake City government website including utility information
http://www.lcfla.com/
County Building & Zoning Permit fees
Building and zoning permit fees and impact fees.
http://www.columbiacountyfla.com/Downloads/Buildingandzoning/BuildingandZoning_Fee_Schedule.pdf
County Government site
Location, government, programs, services, cultural, and recreational opportunities
http://www.columbiacountyfla.com
Deed Restrictions
DECLARATION, RESTRICTIONS AND PROTECTIVE
COVENANTS OF TURKEY CREEK PLANNED
RESIDENTIAL AND PLANNED
RURAL RESIDENTIAL DEVELOPMENTS
KNOW ALL MEN BY THESE PRESENTS, that Jordan & Faisal Acquisition Corporation and Jordan & Faisal Development Company, LLC,, hereinafter referred to as Developers, being the owners of the real property compromising Turkey Creek Planned Residential and Planned Rural Residential Developments, located in Columbia County, Florida and more particularly described on Exhibit “1" hereto make the following Declarations, Restrictions, and Protective Covenants covering the above-described real property and specifying that this Declaration shall constitute a covenant running with the land and shall be binding upon the undersigned and upon all persons deraigning title through the undersigned. These Protective Covenants, during their lifetime, shall be for the benefit of, and limitation upon, all present and future owners of the real property.
I. DEFINITIONS
1. The following words when used in this Declaration shall have the following meaning unless the context requires otherwise:
(a) “Development” shall mean Turkey Creek Planned Residential and Planned Rural Residential Developments.
(b) “Lot” shall mean any plot of land shown on the recorded subdivision plat referred to above with the exception of any area designated as common areas.
(c) “Maintenance” shall mean the exercise of reasonable care to keep the buildings, roads, landscaping, lighting, and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted.
(d) “Owner” shall mean the record title holder, whether one or more persons or entities, of a fee simple title to any lot which is a part of the subdivision.
(e) “Subdivision” shall mean that portion of the planned residential and planned rural residential development real property as described on Exhibit “1".
(f) “Dwelling” or “Residence” shall mean an individual single family home.
(g) “Properties” shall mean the land contained in the above entitled subdivisions and any additional parcels of land which may, from time to time be subject to the provisions of this Declaration by supplemental Declaration recorded in the Public Records of Columbia County, Florida or a substantially similar Declaration recorded in said Public Records.
(h) “Living Area” shall mean and refer to the heated and air-conditioned areas which shall not include garages, carports, porches, patios, or storage areas.
(i) “Committee” shall mean and refer to the Architectural Control Committee.
(j) “Association” shall mean and refer to Turkey Creek Homeowner’s Association of Columbia County, Inc., a Florida not-for-profit corporation, its successors and assigns.
(k) “Common Areas” shall mean and refer to all real and personal property owned by or dedicated to the Association for the common use and enjoyment of the Owners of Lots, including without limitation, parking areas, interior drives, street lights, lights for any community sign, main entrance sign, fences, decorative or boundary walls, sprinkler systems, drainage systems, main entrance to the Property, sidewalks, curbs, and any walkways located on the Property which are not dedicated to the public. The common areas include easements granted to the Association hereunder.
II HOMEOWNERS ASSOCIATION
The common areas shall be owned, managed and controlled by the Association for the use and enjoyment of Lot owners. Every Owner shall have the right and easement of enjoyment in and to the common areas, which right and easement be appurtenant to and shall pass with title to every lot. The common areas may be used for any purpose consistent with the intent of this Declaration and permitted under applicable statutes, ordinances and rules and regulations of all governmental agencies having jurisdiction and such regulations as the Association may, from time to time, adopt with respect to such use.
III MEMBERSHIP IN ASSOCIATION
Every owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from the ownership of any lot. Transfer of lot ownership either voluntarily or by operation of law shall terminate membership in the Association and said membership shall be vested in the transferee. Each member of the Association shall be entitled to vote and shall have one vote for each lot owned by such member.
IV MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obligation of Assessments. The Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments (“Annual Assessments”) and special assessments (“Special Assessments”) for maintenance, repair and replacement of, insurance on, and capital improvements to, the Common Areas, all such assessments (“Assessments”) to be established and collected as hereinafter provided. The Annual and Special Assessments, if not paid, together with interest, costs and reasonable attorney’s fees shall be a charge and continuing lien upon the Lot against which each Assessment is made. The lien shall be evidenced by an instrument executed by the Association and recorded among the public records of Columbia County, Florida, but the recording in no way shall effect the priority of any institutional first mortgage lien, and shall be enforced in the manner provided by law for the enforcement of mortgage liens. Any lien so recorded shall also secure Assessments maturing after the date of recording which become delinquent. Each such Assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the Assessment became due and payable and such obligation may be enforced by an action instituted by the Association. Declarant is not subject to such assessments unless it consents in writing. However, notwithstanding any other provisions contained in this Declaration, for a period of two (2) years from the date of recording of this Declaration, the Declarant shall contribute the amount necessary to cover the difference between actual expenditures of the Association and amounts collected by Assessments against Owners other than the Declarant. The amount payable by Declarant shall never exceed the aggregate of Assessments which could be levied against Declarant’s Lots if the Declarant were not the Owner thereof.
2. Purpose of assessments. The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the property and for the improvement, maintenance, repair, insurance and replacement of the Common Areas. This shall include, but shall not be limited to, the improvement, maintenance, repair and replacement of the parking areas, interior drives, street lights, lights for any community sign(s), main entrance sign, fences, decorative or boundary walls, sprinkler systems, drainage systems, retention areas, main entrance to the property, sidewalks, storm water systems, landscaping of the Common Areas, all located within the perimeters of the Property, obtaining and maintaining in effect liability and hazard insurance covering the Common Areas and fidelity bond coverage for officers and directors of the Association and maintenance of adequate reserves for repair and replacement of Association property and of the Common Areas. The retention areas, if any, located upon a portion of the Property described in Exhibit 1 are required by governmental authorities for control of storm and surface water flow and drainage. All expenses of maintenance of the retention areas, which shall be undertaken by the Association, shall be the obligation of the owners of lots now subject to this Declaration or hereafter made subject thereto by Supplemental Declaration(s) commencing with the effective date of the Declaration or Supplemental Declaration(s).
3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum Annual Assessment shall be $240.00 per Lot, payable quarterly in advance.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased each year by not more than ten (10%) percent above the Annual Assessment for the previous year without a affirmative vote of 60% the Members of the Association.
(b) The Board shall fix the Annual Assessment for all Lots and shall send to each Member written notice of the amount of each Assessment. If the amount of such Assessment requires approval of Members a notice of a meeting for such purpose shall be sent together with the notice of Assessment.
(c) Special Assessments. In addition to the Annual Assessments authorized above, the Association may levy, by a majority of owners present at a meeting, in any calendar year, a Special Assessment applicable to that year to fund any lawful purpose of the Association.
(d) Notice and Quorum for any Action Authorized Under Sections 3.
Written notice of any meeting called for the purpose of taking any action authorized under the preceding sections (b) or (c) shall be sent to all Members not less than ten (10) days or more than thirty (30) days in advance of the meeting. The presence of Members or proxies entitled to case sixty (60%) percent of all votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting or meetings may be called subject to the same notice requirements, and the required quorum at any such subsequently called meetings shall be three-quarters (3/4) of the required quorum at the preceding meeting until the requirement of a quorum has been met.
(e) Uniform Rate of Assessment. Both annual and Special Assessments must be fixed at a uniform rate for all Lots and shall be collected on a quarterly basis subject to the right of the Board to change such collections to monthly basis. All Lots shall be assessed in equal amounts. All Assessments shall be due on the first day of the period to which they relate.
(f) Date of commencement of Annual Assessments: Due Dates. The Annual Assessments shall commence at such time as the Declarant delivers a deed to a Lot to an Owner. The first Annual Assessment shall be adjusted accordingly to the number of months remaining in the calendar year of delivery of such deed.
(g) Effect of Nonpayment of Assessments: Remedies of the Association. Should any Assessment not be paid within thirty (30) days from the due date thereof, said Assessment shall bear interest from the due date until collected at a rate of ten (10%) percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the payment (which right of action shall survive any sale or other transfer, whether voluntary or involuntary, of the Lot by such Owner) and/or foreclose the lien against said Owner’s Lot. No Owner may waive or otherwise avoid liability for Assessments by non-use of the Common Areas or abandonment of his Lot. In addition, should the Association find it necessary to employ an attorney or institute legal action against any Owner in order to collect unpaid Assessments the Owner shall additionally be obligated for the payment of all the Association’s costs in connection with said action including, but not limited to, courts costs and reasonable attorneys’ fees.
(h) Subordination of the Lien to Mortgages. The lien of assessments shall be subordinate to the lien of any first mortgage encumbering a Lot, executed in favor of an institutional mortgagee who shall include banks, savings and loan associations, insurance companies, mortgage bankers, Federal National Mortgage Association (“FNMA”) and Federal Home Loan Mortgage Corporation (“FHLMC”). In no event shall any second mortgage or other junior mortgage take priority over the Assessment lien.
The sale or transfer of any Lot shall be subject to any Assessment liens, but the sale or transfer of any Lot pursuant to an institutional first mortgage foreclosure or the delivery of a deed in lieu thereof shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer of any type shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof.
(i) Initial Working Capital Contribution. Upon the sale of each Lot to the first Owner thereof by the Declarant it shall be a prerequisite of membership in the Association that such owner make a non-refundable capital contribution equal to one-half (1/2) of the Annual Assessment then in effect to create a working capital fund for the Association and not in substitution for any regular Assessment payment.
(j) Other Provisions
1. The liability of the Owner of a lot for Common Expenses is limited to the amount for which he is assessed for Common Expenses from time to time in accordance with his pro rata share and this Declaration and the Bylaws.
2. The Owner of a lot shall not be personally liable for the acts or omissions of the Association in relation to the use of the Common Elements.
3. In any legal action in which the Association may be exposed to liability in excess of insurance coverage protecting it and the Owners, the Association shall give notice of the exposure within a reasonable time to all Owners and they shall have the right to intervene and defend it if they so desire.
V. COVENANTS OF ASSOCIATION AND OWNERS AS TO MAINTENANCE, TAXES AND OTHER MATTERS.
1. Association. The Association shall govern, operate, control and manage the Common Areas pursuant to the terms and provisions of the Declaration and its Articles and Bylaws. The Association shall at all times pay the real property ad valorem taxes on said Common Areas, if said taxes are assessed and billed to the Association as differentiated from being billed to the Owners.
(a) There shall be no material alteration or substantial additions to the Common Elements except in a manner provided in this Declaration.
(b) The Association shall further have the obligation and responsibility for the hiring of personnel and for the maintenance, repair and replacement of the Common Areas and all improvements located hereon, and the cutting, trimming, and fertilizing of the grass areas and originally installed landscaping in the Common Areas.
(c) The Association shall be responsible for obtaining public liability insurance to provide insurance against any and all liability with respect to the Common Areas, hazard and fir insurance as to improvements located in the Common Areas and fidelity bonds for officers and directors of the Association. Said public liability and hazard and fire insurance policies shall be in the name of the Association and for the benefit of the Association and its Members, as well as for the benefit of institutional first mortgages of Members, and shall be in such amounts, subject to conditions and with such provisions as the Board determines, and the Board may obtain such other types of insurance as it deems advisable. Institutional first mortgages shall be entitled to notice of (a) cancellation or lapse of any such policies, (b) material loss to the Common Area insured thereunder and (c) notice of any condemnation action affecting any portion of the Common Areas.
(d) The Association may contract, sue or be sued with respect to the exercise or non-exercise of its powers. For these purposes, the powers of the Association include, but are not limited to, maintenance, management and operation of the common elements. After control of the Association is obtained by Owners other than the Developers, the Association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all Owners concerning matters of common interest, including, but not limited to, the Common Elements. The Association has the authority to maintain a class action; the Association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the Association could bring a class action. Nothing herein limits any statutory or common law right of any individual Owner or class of Owners to bring any action which may otherwise be available.
(e) An Owner does not have any authority to act for the Association by reason of being an Owner.
(f) The powers and duties of the Association include those set forth in this section and those set forth in the Declaration and Bylaws if not inconsistent with this Declaration and the law.
(g) The Association has the irrevocable right of access to each Lot during reasonable hours when necessary for the maintenance, repair, or replacement, or for the making of emergency repairs necessary to prevent damage to the Common Elements or another Lot. The Association does not have a right of access to dwellings or structures located on the lot, except in emergency situations to prevent damage to another dwelling.
(h) The Association shall maintain accounting records according to good accounting practices. The records shall be open to inspection by Owners or their authorized representatives at reasonable times and written summaries of them shall be supplied at least annually to Owners or their authorized representatives. Failure to permit inspection of the Association’s accounting records by Owners or their authorized representatives entitles any person prevailing in an enforcement action to recover reasonable attorneys’ fees from the person in control of the books and records who, directly or indirectly, knowingly denies access to the books and records for inspection. The records shall include but are not limited to:
(1) A record of all receipts and expenditures.
(2) An account for each lot designating the name and current mailing address of the Owner, the amount of each Assessment, the dates and amounts in which the Assessments come due, the amount paid upon the account, and the balance due.
(i) The Association has the power to purchase lots and to acquire and hold, lease, mortgage, and convey them.
(j) The Association shall use its best efforts to obtain and maintain adequate insurance to protect the Association and the Common Elements. Each Owner shall be responsible for insuring his own residence. A copy of each policy of insurance in effect shall be made available for inspection by Owners at reasonable times.
(k) The Association has the authority without the joinder of any Owner, to modify or move any easement for ingress and egress or for the purposes of utilities if the easement constitutes part of or crosses the Common Elements. This subsection does not authorize the Association to modify or move any easement created in whole or in part for the use or benefit of anyone other than the Owners, or crossing the property of anyone other than the Owners, without their consent or approval as required by law or the instrument creating the easement.
2. Lot Owners. The applicable Owner shall be responsible for the maintenance, repair and replacement of all improvements on his Lot, whether installed by Declarant or by an Owner.
(a) The Association shall be responsible for maintaining all common areas and landscaping originally installed by Declarant or installed by the Association as a replacement or improvement of original grass and landscaping.
(b) Any area or matter not specifically required to be maintained, repaired or replaced by the Association shall be maintained, repaired or replaced by the applicable Owner or Owners.
(c) Each Owner shall maintain adequate fire, hazard and extended coverage on his Lot and Home.
(d) If a proportionate share of real property and ad valorem taxes on Common Areas is assessed and billed to each Owner rather than to the Association, such taxes shall be the obligation of each Owner so billed.
(e) In addition to the forgoing each Owner should:
(1) Promptly pay the Assessments levied by the Association.
(2) Maintain in a clean and sanitary manner, and repair, his residence and all interior surfaces within or surrounding his residence (such as the surfaces of the walls, ceilings, floors), and maintain and repair fixtures therein and pay for any utilities which are separately metered to his residence.
(3) Not use or permit the use of his home for any purpose other than as a single family residence for himself and the members of his family and social guests. No commercial business shall be operated from a home.
(4) Not permit or suffer anything to be done or kept on his property which would increase the insurance rates on his lot or the Common Elements, or which will obstruct or interfere with the rights of other members or annoy them with unreasonable noises or otherwise; nor shall a member commit or permit any nuisance, immoral or illegal act on his lot or on the Common Elements.
(5) Conform to and abide by the Bylaws and rules and regulations in regard to the use of his and the Common Elements which may be adopted in writing from time to time by the Association, and to see that all persons using the Owner’s property, by, through or under him to do likewise.
(6) Make no alteration, decoration, repair, replacement, or change of the common elements.
(7). Allow the Board or the agents and employees of the Association to enter upon any lot for the purpose of maintenance, inspection, repair, replacement of the improvements of the Common Elements, or in case of emergency threatening residences or the Common Elements, or to determine compliance with this Declaration.
(8) Show no sign, advertisement, or notice of any type on the Common Elements or his Lot, and erect no exterior antennas and aerials, except as authorized by the Board. The Board shall permit the placement of a reasonable sign on each lot advertising it for sale or lease and shall permit one small dish antennae for the reception of satellite television and one small dish for internet access.
(9) Not divide or subdivide a lot for purpose of sale or lease except that a lot may be combined with a contiguous lot and occupied as one dwelling unit.
(10) Not hang any laundry, garments, or other objects which are visible from outside of the residence, except for draperies, blinds, shades, or other suitable window coverings. Decorative window coverings shall not include any type of reflective film on any glass windows or doors.
(11) Not allow any rubbish, refuse, garbage, or trash to accumulate in places other than the receptacles provided therefore, so that each lot and the Common Elements shall at all times remain in a clean and sanitary condition.
(12) Not make any use of a lot that violates any laws, ordinances, and regulations of any governmental body having jurisdiction thereof.
(13) No structure of a temporary character, trailer, mobile home, tent, shack, barn, storage shed or other building shall be placed, erected or used on any lot or on common areas with the approval of the Board.
(14) In-ground swimming pools or spas may be constructed on any lot or on common areas with the approval of the Board. Above ground pools are prohibited, except for small children’s’ pools that can be inflated and deflated on a daily basis, which must be placed in the rear yard. “Hot tubs” or spas, playground equipment suitable for family use, and barbeques may be installed by an Owner within the rear of his Lot (subject to any required governmental permits being first obtained by the Owner). Any such equipment shall remain the property of such Owner, who shall be responsible for its maintenance and insurance. The water in such swimming pools or spas shall be kept in a sanitary condition with chemicals added to the water so as to assure that the pool does not constitute a health or environmental hazard.
(15) No obstruction to visibility at street intersections shall be permitted.
(16) In order to maintain the high standards of the property with respect to residential appearance, no heavy truck or commercial vehicles, house trailers or trailers of any other description, shall be permitted to be parked or stored at any place on the Property except during periods of approved construction on said lot, nor shall any disabled motor vehicles be parked on any portion of the Property for the purpose of repairing or maintaining the same. If any such repair or maintenance is to be performed, it shall be done within garages. The prohibitions in this section shall not apply to the temporary parking of trucks and commercial vehicles for pick-up, delivery and other commercial services and shall not apply to any vehicle otherwise prohibited that is stored in an Owner’s garage.
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VI GENERAL PROVISIONS
Maintenance of Property. Each Owner shall keep and maintain his Lot and Home, its equipment and appurtenances, in good order, condition and repair, and shall promptly perform all maintenance and repair within his Homes and Lot which, if omitted, would affect the value or appearance of the Property in its entirety, the portions thereof belonging to other Owners or other Lots. In that regard, each Owner shall be responsible for the maintenance of His Home and Lot, and shall keep the same in a neat and orderly fashion. Should he fail to do so, the Association may, after seven (7) days written notice to correct to the owner, enter upon the Lot of the Owner for the purpose of maintaining and/or repairing said Lot and/or Home. The costs incurred by the Association incident to said maintenance and/or repair or replacement shall be the personal obligation of the Lot owner and shall become a lien against subject Lot with the same force and effect of a lien created by the said Owner’s failure to pay Assessments when due.
VII CONVEYANCE OF COMMON AREAS AND EASEMENTS
1. The Common Areas shall consist of those portions of the Property which are so described in this Declaration, namely of all the Property described as Exhibit 1, and may be increased or decreased by the annexation or removal of property in the manner provided above.
2. Declarant hereby grants, bargains, sells and conveys the Common Areas to the Association in fee simple.
3. Declarant hereby grants to the Association an easement for utilities, including, but not limited to, water, sanitary, sewer, storm sewer, surface water management, electricity, natural gas, telephone or cable television as follows:
(a) Thirty (10) feet on the front of the lot.
(b) Ten (10) feet on the sides and back of the lot.
Within these easements, no structure shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or the direction or flow of water through drainage channels in the easements, except with the consent of the Board and the appropriate governmental agency having jurisdiction. Declarant hereby reserves the right, in its sole discretion, to grant additional utility, irrigation and drainage easements within the Property until such time as the improvement of the Property is complete.
VIII OMITTED
IX SALES, RENTAL, LEASE OR TRANSFER
1. In the event any Owner wishes to sell, transfer, rent, or lease his Lot or Home, the Association shall have the option to purchase, rent or lease said Lot, upon the same conditions as are offered by the Owner to a third person. Any attempt to sell, rent, or lease said Lot without prior approval of the Association shall be deemed a breach of this Declaration, shall be wholly null and void, and shall confer no title or interest whatsoever upon any purchaser, tenant, or lessee; provided, however, any deed or lease may be validated by subsequent approval of the Association in the event of sale or lease without prior approval as herein provided.
2. Should an Owner wish to sell, transfer, lease or rent his Lot, he shall, before accepting any offer to purchase, sell, lease or rent his Lot, deliver to the Board a written notice containing the terms of the offer he had received and wishes to accept, the name and address of the person(s) to whom the proposed sale, lease, or transfer is to be made and such other information (to be requested within five(5) days from receipt of such notice) as may be required by the Board.
3. The Board, within ten (10) days after receiving such notice and such supplemental information as is required by the Board, shall either consent to the transaction specified in said notice, or by written notice to be delivered to the Owner (or mailed to the place designated by the Owner in his notice), designate the Association or one or more persons, other than Owners, who are willing to purchase, lease, or rent upon the same terms as those specified in the Owner’s notice.
4. The stated designee of the Board shall have fourteen (14) days from the date of the notice sent by the Board within which to make a binding offer to buy, lease, or rent upon the same terms and conditions specified in the Owner’s notice. Thereupon, the Owner shall accept such offer or withdraw and/or reject the offer specified in his notice to the Board. Failure of the Board to designate such person(s) or failure of such person(s) to make such binding offer within the said fourteen (14) day period shall be deemed consent by the Board to the transaction specified in the Owner’s notice, and the Owner shall be free to make or accept the offer specified in his notice, and sell, lease, or rent said interest pursuant thereto to the prospective purchaser or tenant named therein within sixty (60) days after his notice was given.
5. In the event the sale to a third party is approved by the Board, but is not ultimately consummated or the Owner withdraws his offer to the Association or rejects the offer of the stated designee of the Association, the Owner may not sell, lease, or rent his Lot without further complying with the terms and conditions of this article.
6. The consent of the Board shall be in proper recordable form, signed by two (2) officers of the Association and shall be delivered to the purchaser or lessee. Should the Board fail to act, as herein set forth, and within the time provided herein, the Board shall, nevertheless, thereafter prepare and deliver its written approval in proper recordable form, as aforesaid, and no conveyance of title or interest whatsoever shall be deemed valid without the consent of the Board as herein set forth.
7. The sub-leasing or sub-renting of an Owner’s property shall be subject to the same limitations as are applicable to the leasing or renting thereof. The Association shall have the right to require that a substantially uniform form of lease, or sub-lease, be used or, in the alternative, the Board’s approval of the lease or sub-lease form to be used shall be required. After approval, as herein set forth, entire residence may be rented provided the occupancy is only by the lessee, his family and guests. No individual rooms may be rented and no transient tenants may be accommodated.
8. If a corporate or business entity is the owner of a resident, it may designate the occupants of the property as it desires and for such period of time as it desires without compliance with the provisions of this Article. The foregoing shall not be deemed an assignment or sub-leasing of a residence.
9. No fee shall be charged in connection with the proposed transfer or approval in excess of the expenditures reasonably required and as set by the Board.
10. Anything in this Article to the contrary notwithstanding, should any Lot at any time become subject to an Institutional First Mortgage, the holder thereof, upon becoming, the Owner of said Lot through foreclosure, deed in lieu of foreclosure, or other means, the mortgagee shall have the unqualified right to sell, lease, or otherwise transfer said lot, including the fee ownership thereof, without prior offer to the Board.
11. This article shall not be applicable to the Developer which is irrevocably empowered to sell, lease or rent lots or residences to any lessees or purchasers. The Developer shall have the right to transact any business necessary to consummate sales of said lots or residences, including, but not limited to the right to maintain model units, post signs, maintain employees in an office, use the Common Elements and show property. Sales offices, signs, and all items pertaining to sales shall not be considered Common Elements and shall remain the property of the Developer.
X RESIDENTIAL USE RESTRICTIONS
Only one single family dwelling not to exceed three stories in height, having living area of not less than 1250 square feet, heated and cooled, may be constructed on any lot. Each home must include a fully enclosed garage that will accommodate at least two vehicles.
XI ARCHITECTURAL CONTROL COMMITTEE
No home or structure shall be constructed or modified on the exterior by any Lot owner, unless and until it is approved by the Architectural Control Committee, which approval shall not be unreasonably withheld.
The Architectural Control Committee shall be composed of three members who shall be appointed annually by the Board, and failing such appointment, shall be comprised of the Board members. A majority of the committee may designate a representative to act for it. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
The Committee’s approval, disapproval, or waiver as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with. At least ten (10) days prior to the commencement of any construction, such plans and specifications shall be submitted to the committee and shall consist of not less than the following: Foundation plans, floor plans of all floors, section details, elevation drawings of all exterior walls, roof plan, location of water wells, location of septic tanks, and a plot plan showing location and orientation of all buildings and improvements proposed to be constructed on the lot. In addition, there shall be submitted to the committee for its approval or disapproval a description of materials and such samples of building materials proposed to be used as the committee shall specify and require.
The Architectural Control Committee may waive a provision relating to aesthetics or grant a hardship exception to any Lot owner who has exercised reasonable diligence and has good grounds for such upon the same conditions that the Columbia County Planning and Zoning Board may grant such requests.
XII GUEST HOUSES
A guest house shall be permitted if attached to the main residence or located in close proximity thereto. However, if the guest house is not an integral part of the main residence, it may only be occupied by members of the owner’s family or friends who do not pay rent. Under no circumstances may a guest house be rented.
XIII SUBDIVISION OF LOTS
A lot may not be subdivided into a smaller lot than as shown on the recorded plats. Two or more lots may be added together and shall be considered as one lot for building purposes only. If a residence is constructed on more than one lot, set back requirements apply only to street lines, rear, and the extreme sidelines of the combined lots.
XIV DRIVEWAYS
All homes must have a driveway from the street pavement to the garage area of the home which must be constructed of either concrete, decorative pavers or bricks or asphalt. The driveway must be completed prior to occupancy of the residence, and must be capable of holding two vehicles side-by-side, outside the garage door, and off of the road right of way.
XV ANIMALS
Each lot owner may keep a maximum of two dogs and two cats as household pets. No poultry, swine, or other farm animal shall be kept. No exterior pens or other structures shall be constructed or maintained for the housing of any animals and no animals shall be chained or tied outside the house. No vicious or dangerous animal shall be kept on the property.
XVI CLEANLINESS OF LOTS
Garbage, refuse, trash, rubbish, used appliances and any other waste materials shall not be kept or allowed to remain on any lot unless in secured, sanitary containers which are shielded from view. No used oil or other petroleum products or any toxic material shall be dumped on the ground of any lot nor shall any toxic material be buried on any lot. There shall be no drilling or mining for any oil, gas, or other minerals.
XIX RECREATIONAL VEHICLES
No boats, recreational vehicles or house trailers shall be parked in front of any residence or on any street right-of-way. Any motor vehicle parked on any lot shall have a current Florida license tag and shall be in operable condition. Motor vehicles must be parked in a garage, or in a designated parking area of the residence.
XX FENCES
Only the rear and side yards, not extending beyond the front of the house, shall be fenced. Only PVC or similar low-maintenance and decorative fence may be used. No chain link or other wire fencing shall be placed on any lot unless it is installed inside approved decorative fencing. No fence of any type shall exceed six (6) feet in height.
XXI HUNTING
There shall be no hunting of any type or discharge of any firearm on any of the properties.
XXII SIGNS
No sign of any kind shall be displayed to the public view on any lot except that one sign of not more than five square feet advertising the property for sale will be permitted. The format of the sign is subject to approval by the Architectural Control Committee.
XXIII RURAL CHARACTER DEVELOPMENT
In it anticipated that the subdivision will be developed and maintained in a fashion which will keep it as a rural, rustic area in keeping with the character and location of the property. In order to achieve this goal, trees may be cut from the property only if less than 8 inches in diameter at ground level, as required for construction and improvements, if diseased or damaged, or if approved by the Architectural Control Committee.
XIV COVENANTS AND RESTRICTIONS
RUN WITH THE LAND/DURATION
The Covenants and Restrictions of this Declaration shall run with the land compromising the above entitled subdivisions, and shall inure to the benefit of and be enforceable by the Developer, Association or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors, and assigns, for a term of 40 years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of 20 years each unless otherwise agreed to in writing by the then Owners of at least two-thirds of the lots, which agreement shall be recorded among the public records of Columbia County, Florida.
XV ENFORCEMENT OF COVENANTS
Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction, either to restrain violation or to recover damages, and against the lot to enforce any lien created by these Covenants; and failure by the Developers, or any Association or any Owner to enforce any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party shall recover his reasonable attorneys’ fees and costs from the non-prevailing party in any action to enforce these Covenants and Restrictions, or to foreclose any lien arising hereunder.
XVI AMENDMENT OF THIS DECLARATION
. The covenants, restrictions, easements, charges, and liens of this Declaration may be amended only upon the execution and recordation of an instrument executed by
(1) Developer, for so long as it holds title to any unsold lot affected by this Declaration; or alternatively,
(2) by Owners holding not less than two-thirds of the total lots, provided, that so long as the Developer is the Owner of or holds an interest in more than 16 lots affected by this Declaration, the Developer’s written consent must be obtained;
No lot owner may impose any additional covenants or restrictions on the properties without the written consent of Developer.
XXVII MISCELLANEOUS
1. If any provision of this Declaration, or of the Bylaws attached hereto, or any section, sentence, clause, phrase, or word, or the application thereof, in any circumstance is held invalid, the validity of the remainder of this Declaration and of the application of any such provision, section, sentence, clause, phrase, or word in other circumstances shall not be affected thereby.
2. Wherever notices are required to be sent hereunder, the same shall be sent to the owners by regular mail, at their place of residence unless the Owner has, by written notice, duly receipted for, specified a different address. Notices to the Association shall be delivered by regular mail to the registered agent. All notices shall be deemed and considered sent when mailed. Any party may change his or its mailing address by written notice.
4. Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the use of the plural shall include the singular and the singular shall include the plural.
5. This Declaration and all Exhibits hereto shall be binding upon and inquire to the benefit of each Owner, their heirs, personal representatives, successors, assigns, and grantees and any and all persons claiming by, through or under any Owners.
6. The heading and captions used herein are for reference purpose only, are inserted solely as matter of convenience and shall not be relied upon and/or used in construing the effects or meaning of any of the text of this Declaration.
EXHIBITS
Legal Description of Subdivision:
Common Elements Description:
Relocation
Lake City Columbia County Relocation
All of the information you need for our community.
http://www.lakecitychamber.com
School
Columbia County School System
School information for grades K-12 for Columbia County, Lake City, FL
http://www.columbia.k12.fl.us
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