DECLARATION OF COVENANTS AND RESTRICTIONS
OF BAYOU TRACE
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR BAYOU TRACE (“Declaration”), is made this ____ day of ________________________, 2019, by Integrity of Tampa Bay, LLC, a Florida limited liability company (“Declarant”).
WHEREAS, the Declarant is the owner of the real property located in Bay County, Florida, and improvements located thereon, commonly known as Bayou Trace and more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
WHEREAS, the Declarant has created or will create upon the property, improvements consisting of nine (9) single-family residential lots, nine (9) boat slips, together with common areas, streets and easements to be enjoyed by all the owners of the lots; and
WHEREAS, the Declarant desires to provide for the preservation of the value of the property and for the pleasure of ownership of the lots and therefore, desires to subject the real property to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, each and all of which shall appertain to and run with real property and shall benefit and bind all persons having any right, title or interest in the property and their heirs, successors and assigns.
NOW THEREFORE, WITNESSETH, the Declarant declares that all of the property described in Exhibit “A” shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, easements and liens set forth in this Declaration.
Article I: Definitions
Section 1. Articles. “Articles” shall mean the Articles of Incorporation of Bayou Trace Homeowners’ Association Inc. as filed with the Florida Secretary of State, and attached hereto as Exhibit “B” and incorporated herein by this reference.
Section 2. Assessment. “Assessment” shall mean a share of the funds which are required for the payment of Common Expenses (defined herein), which from time to time is assessed against the Members (defined herein) of the Association (defined herein).
Section 3. Association. “Association” shall mean and refer to the Bayou Trace Homeowners’ Association, Inc., a not-for-profit corporation formed under the laws of the State of Florida.
Section 4. Association Property. “Association Property” shall mean all real property, personal property and supplies transferred to the Association for the benefit of all Members.
Section 5. Bayou Trace. “Bayou Trace” shall mean the planned development on the property described in Exhibit “A”.
Section 6. Bayou Trace Dock. “Bayou Trace Dock” or “Dock” shall mean and refer to all docks, seawalls and walkways to Dock Slips (defined herein), and Dock Slips associated with and located at Bayou Trace and depicted on the Plat (defined herein). The Dock and Dock Slips are governed by the Association, and are intended to be considered Association Property. The Declarant shall have the right to modify and change the boundary lines of the Bayou Trace Dock as long as the Declarant owns the Bayou Trace Dock. The Bayou Trace Dock may also be referred to as the “Dock.”
Section 7. Board of Directors. “Board of Directors” means the board of administration responsible for the administration of the Association.
Section 8. By-Laws. “By-Laws” shall mean and refer to the By-Laws of the Association, attached hereto as Exhibit “C” and incorporated herein by this reference.
Section 9. Common Area. “Common Area” shall mean all real property which the Association owns, leases, or over which it otherwise holds possessory or use rights for the common use and enjoyment of the Members. The term “Common Area” may sometimes be used interchangeably with the term “Association Property”.
Section 10. Common Expenses. “Common Expenses” shall mean and include the actual and estimated expenses incurred or anticipated to be incurred by the Association for the general benefit of all Owners (defined herein) and Lots (defined herein), including any reasonable reserve, as the Board of Directors may find necessary or appropriate pursuant to this Declaration, the By-Laws, and the Articles. Common Expenses shall not include any expenses incurred for initial development, original construction, installation of infrastructure, original capital improvements, or other original construction costs unless approved by the Members representing a majority of the vote of the Association as provided in the By-Laws.
Section 11. Common Roads. “Common Roads” shall mean and refer to the roads, including the road rights-of-way, whether or not paved, all as depicted on the Survey, which provide ingress and egress to Tidewater Creek and a Lot, and shall mean and refer to any and all gates, gate houses, gate systems or other improvements constructed or placed on, over, under, across, or adjacent to the Common Roads or the Property by the Declarant or the Association as they may deem necessary or appropriate for the purpose of providing limited security to the Property. Title to the Common Roads shall be conveyed to the Association upon completion and accordingly, unless specifically set forth to the contrary herein, references to the Common Property shall mean and include the Common Roads.
Section 12. County. “County” shall mean Bay County, Florida.
Section 13. Developer. “Developer” shall mean and refer to Integrity of Tampa Bay, LLC, a Florida limited liability company, its successors and assigns.
Section 14. Dock Expenses. The cost of the maintenance, repair and replacement of the Dock shall be shared equally by each Owner who is assigned a Dock Slip. The Association shall separately budget for those items. The maintenance, repair and replacement of any boat lift and electricity for the boat lift shall be individually paid by the Owner assignee.
Section 15. Dock Rules. “Dock Rules” shall mean in the aggregate this Declaration, the Articles, the By-Laws, and the rules and regulations of the Association; as well as all of the instruments and documents referred to herein and executed in connection with Bayou Trace Dock. It is agreed that any Owner of a Dock Slip shall abide by those certain Dock Rules specifically designated for Bayou Trace. Said Dock Rules are attached hereto as Exhibit “D” and incorporated herein by this reference.
Section 16. Dock Slip. “Dock Slip” shall mean and refer to each numbered Dock Slip as depicted on the Plat (defined herein). The Dock Slips are intended to be owned by the Owners only and shall be sold and conveyed only to Owners of Lots located in Bayou Trace. The Declarant shall have the right to modify and change the boundary lines to any Dock Slip as long as the Declarant owns the Dock Slip.
Section 17. Homeowner Documents. “Homeowner Documents” shall mean in the aggregate this Declaration, the Articles, the By-Laws, the Dock Rules and the Rules and Regulations of the Association; as well as all of the instruments and documents referred to herein and executed in connection with the Association.
Section 18. Lot. “Lot” or “Lots” shall mean all individual lots depicted on the Plat and shall be known and described as Single-Family (defined herein) residential lots.
Section 19. Member. “Member” shall mean a member of the Association.
Section 20. Mortgage. “Mortgage” shall mean a mortgage, a deed to secure a debt, or any form of security deed.
Section 21. Mortgagee. “Mortgagee” shall mean a beneficiary or holder of a Mortgage.
Section 22. Mortgagor. “Mortgagor” shall mean a Person (defined herein) who gives a Mortgage.
Section 23. Municipality. “Municipality” shall mean the City of Panama City, Florida.
Section 24. Neighborhood Standard. “Neighborhood Standard” shall mean the standard of appearance, conduct, maintenance, or activity generally prevailing throughout the Properties (defined herein). Such standard may be reasonably and more specifically determined by the Board of Directors.
Section 25. Owner. “Owner” shall mean and refer to one (1) or more Persons who hold the record title to any Lot, but excluding any party holding an interest merely as security for the performance of an obligation.
Section 26. Person. “Person” means a natural person, a corporation, a limited liability company, a partnership, a trustee, or other legal entity.
Section 27. Plat. “Plat” shall mean the subdivision plat designed by Panhandle Engineering, Inc. and recorded in the Official Records of the County, which is attached hereto as Exhibit “E” and incorporated herein by this reference.
Section 28. Property. “Property” or “Properties” shall mean all of the real and personal property subject to this Declaration. The real property is described in Exhibit “A”.
Section 29. Residence. “Residence” means an individual, freestanding, unattached dwelling unit built on a Lot(s).
Section 30. Single-Family. “Single-Family” means one (1) person or a group of two (2) or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, or not more than two (2) persons living together who may or may not be interrelated.
Section 31. Utility Services. “Utility Services” shall mean and refer to all utility services necessary or convenient to the occupancy of each Lot and shall include but not be limited to electric power, gas, water, heating, refrigeration, air conditioning, cable television and sewage disposal. Each owner of a Lot shall be responsible for maintaining and replacing the lift station and air conditioning unit serving only their Lot.
Article II: General Provisions
Section 1. Single Family Residence and Lots.
- No Residence shall be erected on any of said Lots, except Single-Family Residence buildings with a minimum of a two-car garage attached.
- No structure shall be less than 2,500 square feet exclusive of porches, garages and like areas. Single-Family Residences that are more than one story shall not be less than 1,000 square feet on the ground floor exclusive of porches, garages and like areas.
- All vents and flashing shall be painted to match the roof color, or be approved by the ARC (defined herein).
- No Single-Family Residence shall be erected on any Lot until the design, structural quality, exterior appearance, site plan and landscape plan have been approved in writing by the ARC. The ARC shall approve or deny the plan within seven (7) working days.
- All Single-Family Residences must have three (3) dimensional shingles, clay or concrete tiles, standing metal seam or other materials as approved by the ARC on the roof surface.
Section 2. Ancillary Buildings. No temporary buildings, mobile homes or recreational vehicles for housing purposes, temporary or otherwise, shall be erected or placed on any Lots. No mobile homes, pre-manufactured houses or trailers shall be placed on or used on any Lots as temporary or permanent residence. No pump houses, boat sheds or garden sheds may be constructed unless approved in writing by the ARC.
Section 3. Purpose. All Lots in Bayou Trace shall be used for residential purposes only and no buildings situated on any of the said Lots shall at any time be used for business, commercial, amusement, charitable or manufacturing purposes. No billboard or advertising signs shall be erected or displayed thereon except such signs as may be required for residential sales purposes.
Section 4. Landscaping. All landscaping must be in compliance with the Neighborhood Standard and this Declaration.
- Each Lot shall be required to have a minimum of two (2) hardwood trees six (6) feet in height. Existing magnolia and oak trees will be credited toward this requirement.
- An automatic underground irrigation system is required for all sodded areas.
- All landscaping plans must be approved in writing by the ARC.
- All landscaping requirements shall be complete within sixty (60) days of occupying the Residence.
Section 5. Antennas. No exterior antenna, aerials, satellite dishes or other apparatus shall be visible from the street.
Section 6. Pools. Pools and hot tubs shall be at ground or deck level. No above ground pools shall be allowed.
Section 7. Air-conditioning. No window air-conditioning units will be permitted.
Section 8. Set-back Limits. No building or other structure shall be located on any Lot nearer the front line than twenty (20) feet or nearer the rear line than twenty (20) feet or to a side line than seven (7) feet, provided that an Owner of more than one adjoining Lots may build across interior lot lines. No impervious material shall be placed on the rear twenty (20) feet of the Lot.
Section 9. Fences. No fences or walls of any kind shall be erected between the front of the Residence and the road. Fences or walls erected to the rear of any Residence shall be subject to approval of the ARC. There shall be no chain link fences.
Section 10. Animals. No animals, poultry or livestock shall be kept on any of the Lots, save the usual household pets. No pets shall be kept, bred or maintained for any commercial purposes.
Section 11. Equipment. All garbage cans, storage tanks, mechanical equipment including electrical meters, gas meters and air-conditioning compressors, and other similar items on Lots shall be located or screened so as to conceal said item from view of the street. Any tank or container for the storage of propane gas or oil shall be buried. Garbage containers may be placed in front of the houses only on days of garbage pick-ups.
Section 12. Vehicles. No vehicles shall be parked in front of any Lot except on driveways. No boats, trailers or recreational vehicles shall be stored in the front of any Lot or Residence except in a garage. Recreational vehicles owned by a guest, may be parked in the driveways for not longer than a one-week period of time.
Section 13. Carports. Carports are not permitted.
Section 14. Nuisance. No offensive activity shall be conducted on any Lot nor shall anything be done that would be an annoyance or nuisance to the neighbors.
Section 15. Mailboxes. Mailboxes are subject to the approval of the ARC. Developer may choose to have a central mailbox installed for all property Owners, or choose one preferable mailbox to be used by all Owners.
Section 16. Water. No individual water supply shall be permitted on any lot for the purpose of providing potable water for household consumption.
Section 17. Construction.
- No Lot or portion thereof shall be used for the deposit, accumulation or storage of building material, appliances, equipment, motor vehicles or personal property, except for the use in construction of a Single-Family Residence and related improvements on the Lot, and in such case, shall not remain there more than thirty (30) days before commencement nor more than thirty (30) days after the completion of construction.
- All construction materials, vehicles, equipment and supplies must be controlled entirely within the Lot.
- All construction shall be complete within 360 days from the start of construction.
- Should the Owner of a Lot decide not to build immediately, it shall be the Owner’s obligation to maintain his Lot to have a reasonable appearance. Should the Owner fail to do so, the Developer may do so, and the reasonable expenses thereof shall be paid by such Owner to the Developer within thirty (30) days thereafter.
- All Residences shall be constructed of brick, stone, stucco, cementitious or wood siding. Some vinyl/stone/stucco will be approved for eaves, patios, porches and rear of the Residences. All designs must be approved in writing by the ARC.
- The finished slab evaluation shall be in accordance with the Municipality’s building code.
Section 18. Concurrence. Owners will be responsible for adhering to the comprehensive planning guidelines that govern such residential areas only with regard to their specific Lot. Individual Owners will maintain their respective responsibilities under those guidelines to ensure permanent preservation of the environment as well as value to Bayou Trace.
Section 19. Developer’s Rights. The Developer may, if deemed necessary, take such action as is necessary or as specified herein, for the expedient and harmonious development of Bayou Trace, including enactment of rules that will apply to Bayou Trace. This right shall necessarily include a right-of-way and easement for ingress and egress and easement for utilities, drainage, maintenance, repairs and other related uses over, along, and across the Common Area, if necessary, for all purposes relating in any manner to subdividing, developing or aiding in the development of Bayou Trace, any parts or parts thereof or additions thereto by Declarant or others. The right to grant easements and rights-of-way of ingress and egress and for drainage, utilities, maintenance and repairs along, over, across and under the Common Area to any person, firm, corporation or entity for use as ingress or egress or for drainage, utilities, maintenance and repairs shall be retained by the Declarant until such time as there has been a transition of the control of the Association away from the Developer.
Section 20. Association Fines. The Association may levy reasonable fines for the violation of this Declaration adopted by the Association, not to exceed $100.00 per violation, against any Owner or any tenant, guest or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and an opportunity for a hearing, except that no such fine shall exceed $1,000.00 in the aggregate. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the non-prevailing party as determined by the court. A fine or suspension may not be imposed without notice of at least fourteen (14) days to the Owner sought to be fined or suspended and an opportunity for a hearing before a committee of at least three (3) Members appointed by the Board of Directors who are not officers, directors or employees of the Association, or the spouse, parent, child or sibling of an officer, director or employee of the Association. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
Section 21. Amendments. The Declarant shall have and reserve the right at any time and from time to time, without the joinder or consent of any other party, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or such Owner’s Mortgagee. Anything in this Declaration may be amended from time to time by the Developer until such time as control of the Association has been transitioned from the Declarant to the Owners.
- Right to Amend after Transition of Control. After turnover of control of the Association to the Owners and away from the Declarant, this Declaration may be amended by vote of the Owners having sixty-seven percent (67%) of the voting interests in the Association, or by a written instrument signed by the same percentage of Owners, provided that notice of the subject matter of a proposed amendment is included in the notice of any meeting at which a proposed amendment is to be considered..
- A resolution for the adoption of a proposed amendment may be proposed by either the Board of Directors of the Association or by the Members of the Association, at a meeting called for this purpose. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided such approval is delivered to the secretary of the Association at or prior to the meeting. Except as elsewhere provided, such approval must be either by:
- Approval by two-thirds (2/3) of Owners of Lots; or
- Until the first election of directors, only by all of the directors, provided the amendment does not increase the number of Lots nor alter the boundaries of the Common A
- Provided, however, no amendment shall change the share in the Common Area appurtenant to it, nor increase the Owner’s share of the Common Expenses, unless the record owner of the Lot concerned and all record owners of mortgages on such Lot shall join in the execution of the amendments.
- Execution and Recording. A copy of each amendment shall be attached to or incorporated in a certificate certifying that the amendment was adopted, which certificate shall be executed by the officers of the Association with the formalities of a deed. The amendment shall be effective when such certificate is recorded in the Public Records of the County.
Section 22. Binding. This Declaration is to run with the Property and shall be binding on all parties and all Persons claiming under them for a period of twenty-five (25) years from the date of this Declaration is recorded. After which the Declaration shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the Owners of the Lots has been recorded agreeing to change the Declaration in whole or in part. Invalidating of any one of these covenants within this Declaration by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Enforcement shall be by proceedings at law or in equity, against any Person violating or attempting to violate any part of this Declaration, in the form of injunction to restrain the violation or by recovery of damages incurred.
Section 23. Maintenance.
- Each Lot Owner shall be responsible for maintaining the appearance of their Lot. Lots shall be kept neat and clean.
- The Association is responsible for the maintenance and repair of the Common Area, including, but not limited to, all landscaping, gates, fences, the Dock, roads, sewer and lift stations.
- The stormwater management system located in Bayou Trace shall be controlled, operated, maintained and repaired by the Association. Modification of the stormwater management system is permitted only as approved by the Association and the Northwest Florida Water Management District.
Section 24. Common Area Insurance. The Association shall maintain a policy or policies to insure the Common Area improvements and Association Property, if any, from physical damage and liability losses, and shall be in such amounts so that the insured will not be a co-insurer except under deductible clauses required to obtain coverages at a reasonable cost. Insured improvements in the Common Areas shall include, without limitation, the Dock, the recreational facilities, boundary walls or fences, roads dedicated or conveyed to the Association, and lighting fixtures.
Section 25. Working Capital Contribution. In addition to annual and special assessments levied hereunder, any Owner acquiring title to a Lot who occupies or leases to an occupant the Lot and all subsequent owners of each Lot, shall pay to the Association at their closing on their Lot a contribution to the Association of working capital (“Working Capital Contribution”). The initial Working Capital Contribution shall be $500.00 and may be adjusted annually. This Working Capital Contribution may be used by the Association for any purpose not expressly prohibited by applicable law.
Article III: Easements
Section 1. Types of Easements. The Property is subject to those certain easements set forth and described on the Plat and those certain easements set forth and described hereinafter as follows:
- Conservation Easement. The Association shall maintain ownership and control of a ten-foot strip of land adjacent to the mean high-water line for each Lot, as depicted on the Plat. Notwithstanding anything to the contrary contained in Section 2. below, the Owner of a Lot shall have exclusive use of the easement as it pertains to the portion of the conservation easement within the boundaries of the Owner’s Lot.
- Utility Easement. Easements are reserved through each Lot as may be required for Utility Services to serve any other Lot or the Common Area. Provided, however, such easements shall only be according to the plans and specifications for Single-Family Residences or as the building is constructed, unless approved in writing by each Owner of each Lot through which an easement is sought.
- Easement for Encroachments. All of the Property shall be subject to an easement for encroachments which now exist or hereafter exist caused by settlement or movement of the building(s) or caused by minor inaccuracies by building or rebuilding, which encroachment shall be permitted to remain undisturbed and which shall continue until such encroachment no longer exists.
c Easement for Ingress and Egress. Owner(s) shall have a nonexclusive easement for ingress and egress between his Lot and the public roads and streets serving the Property, over the walks, driveways, parking areas, and other portions of the Common Area.
Section 2. Easement as Appurtenant. All easements described above or on the Plat shall be private easements created solely for the benefit of the Owners, their successors and assigns and all said easements and other rights created herein for an Owner shall be appurtenant to the Lot of that Owner and all conveyances of title to the Lot shall include a conveyance of the easements and rights as herein provided, even though no specific reference to such easements and rights appear in any such instrument.
Article IV: Membership and Voting Rights
Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Ownership of the Common Areas is to be held by the Association. The Association shall have the power and responsibility to enforce any provisions of this Declaration. Membership in the Association shall be appurtenant to the ownership of a Lot and may not be separated from ownership of the Lot.
Section 2. Classes. The Association shall have two (2) classes of membership: Class A Members shall be all Owners with the exception of the Developer and shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. The Class B Member shall be the Developer and shall be entitled to two (2) votes for each Lot owned until such time as transition of control of the Association away from Developer has occurred, at which time Class B membership shall terminate.
Article V: Common Taxes
Section 1. Taxes. In the event that any taxing authority levies any tax or assessment against the Common Areas, the Association shall be responsible for the payment of the same which shall be a Common Expense.
Article VI: Assessment and Liens
Section 1. Assessments. The Association is empowered to make Assessments against all Owners of Lots as may be necessary or desirable for capital improvements, repair and maintenance of the Common Area and to promote the recreation, health, safety and welfare of the Owners of the Lots. Annual assessments shall be based on the annual budget for Common Expenses of the Association. The annual assessment for the initial year of operation of the Association shall be TWO THOUSAND TWO HUNDRED SEVENTY-TWO AND 20/100 dollars ($2,272.20) per Lot. Annual assessment shall be payable quarterly. The Association may increase or decrease from year to year the amount of the annual assessments as necessary to defray the common expenses of the Association. The amount of assessment assessed against each Member as provided under this Section shall be assessed by the Association as a lien at the beginning of each annual assessment period.
Section 2. Non-Waiver. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Area or by abandonment of the Lot for which the Assessment is made.
Section 3. Liability of Developer. The Developer shall not be liable for and shall be excused from the payment of Assessments for any Lot held by the Developer for sale in the ordinary course of business until such time as said Lot is sold and conveyed to someone other than the Developer. The Developer will pay any operating expenses incurred that exceed the assessments receivable from other Owners and other income of the Association, including but not limited to, operating capital contributions to the Association; provided, in any event, the Developer shall not be obligated to pay for repairs, replacements or other loses or damage occasioned by Acts of God, casualty losses, emergencies or other contingencies that are outside the realm of usual operating expenses or are not usually included in the annual budget of the Association. After termination of Class B membership in the Association, the Developer shall pay assessments on its unsold Lots in the same manner as any other Owner.
Section 4. Liens. Each Owner, by acceptance of a deed for a Lot, is deemed to covenant and to agree to pay, when due, the various fines, costs, charges and Assessments which shall become due forty-five (45) days after demand for payment is made by the Association. If such fines, costs, charges and Assessments are not paid when due, all such amounts, together with interest at the rate of ten percent (10%) per annum, shall be secured by a lien upon the Lot of the defaulting Owner. Such liens shall attach upon the recording of a claim of lien in the Official Records of the County, setting forth the description of the Lot, the name of the record Owner, the amount due, the due date, and the specific provision of this Declaration upon which such claim is based. Such lien shall also secure the payment of reasonable attorney’s fees and court costs and may thereafter be foreclosed in the manner provided by law. Upon payment, the Association shall deliver satisfaction of the lien.
Section 5. Collection and Foreclosure. The Board of Directors may take such action as they deem necessary to collect Assessments of the Association by personal action or by enforcing and foreclosing the Association’s lien, and may settle and compromise same, if in the best interest of the Association. The Association shall be entitled to bid at any sale held pursuant to a suit to foreclose an Assessment lien, and to apply as a cash credit against its bid all sums due the Association covered by the lien enforced. If the Lot is being rented during the period of foreclosure, the Association shall be entitled to the appointment of a receiver to collect said rent during the pendency of the foreclosure action.
Section 6. Subordination of the Lien to Mortgages. The lien for the Assessments provided for herein shall be subordinated to the lien of any Mortgage now or hereafter placed on any Lot. However, the sale or transfer of any Lot pursuant to a Mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such fines, costs, charges and Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve a Lot from liability for any Assessments as to payments which became due or in the lieu thereof. Further any such sale or transfer shall not relieve the Owner of its personal liability for any unpaid Assessments.
Section 7. Liability of Mortgagee. A first Mortgagee who acquires title to the Lot by foreclosure or by deed in lieu of foreclosure is not liable for the unpaid Assessments that became due prior to the Mortgagee’s receipt of the deed, unless such share is secured by a claim of lien for Assessments that is recorded prior to the recording of the foreclosed Mortgage. However, the Mortgagee’s liability is limited to a period not exceeding twelve (12) months, but in no event does the first Mortgagee’s liability exceed one percent (1%) of the original Mortgage debt.
Article VII: Owner’s Obligation to Repair and Rebuild
Section 1. Owner’s Obligation to Repair. Each Owner shall, at his sole cost and expense, repair and maintain his Residence, keeping the same in a condition comparable to the condition of such Residence at the time of its initial construction, excepting only normal wear and tear. No changes shall be made to the exterior of the Residence without prior written approval of the ARC. The ARC shall approve or deny the proposed changes within seven (7) working days.
Section 2. Owner’s Obligation to Rebuild. If all or any portion of a Residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner thereof, with all due diligence, to rebuild, repair or reconstruct such Residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. The design, structural quality, exterior appearance, and site plan of any reconstruction are subject to written approval of the ARC. The ARC shall approve or deny the plan within seven (7) working days. Reconstruction shall be undertaken within ninety (90) days after the damage occurs, and shall be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner.
Article VIII: Architectural Review Committee
The Association shall create an Architectural Review Committee (the “ARC”) which shall consist of no less than three (3) nor more than five (5) members who need not be Owners. The terms for the members shall be established by the Board of Directors from time to time. The ARC shall be responsible for the decisions as required herein of that committee. Developer has the right to appoint all members of the committee until such time as transition of control of the Association away from Developer has occurred.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration to be executed and its seal affixed this ___ day of _____________________, 2019.
WITNESSES: Integrity of Tampa Bay, LLC, a Florida limited liability company
_____________________________ By: ________________________
Name: Matthew Hoffman
_____________________________ Its: Managing Member
Printed Name of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this ___ day of ____________, 2019, by Matthew Hoffman, as Managing Member of Integrity of Tampa Bay, LLC, to me known to be the person described in and who executed the foregoing instrument as Managing Member of Integrity of Tampa Bay, LLC, a limited liability company named herein, and acknowledged before me that he executed the same as such member, in the name of and on behalf of said limited liability company.
My Commission Expires: ________
Dock Rules of Bayou Trace Homeowners’ Association
Section 1. All Association Members, their families, guests, invitees, crew and all operators of vessels (collectively hereafter “Dock Users”) at the Bayou Trace Dock shall comply with all applicable federal and state laws and local rules and regulations pertaining to the operation and maintenance of vessels. Strict compliance with manatee warning signs is required by all Dock Users.
Section 2. All vessels desiring to dock or obtain services at the Dock must register with the Association. All Dock Users shall comply with the rules of the Dock. Should any Dock User fail to comply with any Dock rule, the Association shall have the right to remove or direct the removal of such Dock User from the Dock, but shall not be required to do so.
Section 3. All vessels docked must be registered in the name of the Association Member. A copy of the vessel registration certificate must be submitted within twenty-four (24) hours upon the request of the Association. Vessels owned by corporations or any other entity must submit information about corporate officers or other persons in control of the vessel-owning entity, if requested by the Association.
Section 4. All Dock Users shall maintain insurance at all times for their vessels with the policies having types of coverage and amounts satisfactory to the Association as the designated controlling entity. The Association shall be named as an additional insured on such policies. Copies of all such policies must be submitted to the Association upon request, and annually by each Member as designated by the Association.
Section 5. Vessel movement is restricted to the hours between 6:00 a.m. and 12:00 midnight unless special arrangements are made and approved by the Association.
Section 6. Fueling of vessels at the Dock is prohibited.
Section 7. Dock Users shall obey all speed regulations when operating within or around the Dock, all entrance channels and adjacent waters. Vessels operating at night shall be properly equipped with navigational lights and shall be operated in accordance with all applicable provisions of federal and state maritime operating procedures. No vessel shall be operated near the Dock so as to create a wake, and under no circumstances shall a vessel be operated in excess of the established speed limit and/or safe operation (if slower).
Section 8. Only acceptable pleasure vessels, in good condition and under their own power, shall be permitted to be docked at any time. All vessels must comply with U.S. Coast Guard safety and equipment standards. No Dock Slip may be occupied by a vessel until such vessel has been approved by the Association. The minimum standards for such approval shall be the compliance of the vessel with the requirements of these rules and with any other rules adopted by the Association from time-to-time.
Section 9. In the event there is an appurtenance affixed to or a part of the vessel, such as a diving platform or bowsprit, the length of same, when added to the length of the vessel, must not exceed the vessel’s respective slip.
Section 10. Dock Users are solely responsible for the proper mooring of their vessels and are required to maintain mooring lines in good condition and of sufficient strength to secure their vessels at all times. Any special mooring rules or procedures issued by the Association shall be complied with at all times. In the event of adverse weather and/or hurricane conditions, Dock Users shall be responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, U.S. Coast Guard, the Association or any other applicable agency. Dock Users shall also take all necessary precautions for the safety of their vessels, and shall be solely responsible for any damage to their vessels or the Dock, pilings and hardware, and shall remove their vessels, if necessary, to avoid damage to the Dock, vessel, pilings or hardware or if directed by the Association. Immediate compliance is required, and if a Dock User does not comply or is not available, the Association shall have authority to implement any directives without liability therefore except in the case of the Association’s gross negligence. The installation of boatlifts for dry storage of a vessel within a Dock Slip will be allowed provided all necessary local, state, and or federal permits for such are obtained.
Section 11. Vessels shall be maintained in a seaworthy condition with due regard to fire and safety hazards, and holding tanks shall be pumped when necessary. Vessels showing unusual leakage must be repaired or removed from the Dock within twenty-four (24) hours of notice of such leakage to a Dock User. It is the responsibility of a Dock User showing unusual leakage to report the hazard immediately to the Association. Should any vessel sink at the Dock, it shall be the responsibility of the Dock User and/or vessel owner to remove the vessel from the Dock within forty-eight (48) hours without cost, expense or damage to the Dock or any of the property of the Association. In the event such sunken vessel is not removed as provided herein, the vessel shall be removed by the Association at the vessel owner’s sole cost and expense. If such cost and expense is not paid within ten (10) days of written notice of same to the latest address provided to the Association, the vessel may be sold at a private sale in accordance with Florida law.
Section 12. From time to time, the Association may require any vessel to relocate for purposes of maintenance or repairs to the Dock and/or Dock Slips. If possible, the Association shall provide facilities while repairs are in progress until such time as the Association deems it to be necessary. Repairs and/or refitting of vessels at dockside is prohibited. The extent of repairs or maintenance permitted to be performed at the Dock or on Association property shall be in the sole discretion of the Association.
Section 13. The sidewalks, slips, piers, catwalks, entrances and like portions of the Dock property shall not be obstructed nor used for any purpose other than for ingress and egress to and from the Dock, nor shall any carts, tables, maritime equipment or other objects be stored anywhere on, in or about the Dock for later installation or use by a Dock User. Any such violations shall be enforced by the Association. Failure to immediately correct any such situation shall result in confiscation of such equipment or objects and may result in removal of the vessel, including vessels owned by Members.
Section 14. Refuse, fish, trash or garbage (“Garbage”) shall not be thrown overboard. Garbage shall be deposited in cans supplied for that purpose. However, the disposal of engine oils, filters, spirits, combustible liquids, and other flammable materials shall be handled in the proper, legal and approved manner, and such disposal is the responsibility of the Association Member, and in his, her or its absence, of the operator of the vessel. Failure to properly dispose of these items shall be reported to the appropriate federal authorities for prosecution under all applicable environmental laws. In addition, Dock Users or other legally responsible person shall be responsible for all clean-up costs, and the Dock User or other legally responsible person shall be subject to the permanent removal of his, her or its vessel from the Dock. No person shall discharge sewage, waste water, fuel, oil, spirits, flammable liquids or oil bilge water into the waters of the Dock or the adjacent bay. Charcoal and open flame fires are not permitted on Dock, Dock Slips or vessels at any time. No flammable, combustible or exposed fluids, chemicals or substances (other than fuel and oil in the vessel or in the vessel’s engine system) shall be kept in any slip, vessel or at the Dock or on the Association Property. However, solvents and cleaning substances may be kept in dock boxes if stored in a safe manner and in accordance with all applicable fire codes and insurance requirements.
Section 15. A Member shall be entitled to arrange through the Association the use of a Member’s slip by another Member, upon terms and conditions approved by the Association. Members shall be solely responsible for the actions or inactions of any Members being allowed to use that Member’s slip.
Section 16. No motorized vehicle, bicycle, skateboard, cart or other wheeled vehicle shall be ridden, driven, stored or otherwise permitted on the Dock, piers, sidewalks, bulkheads on any Association Property, unless they are specifically designated and designed for such use. Jet skis, windsurfers and wave runners shall not be operated or sailed from the Dock.
Section 17. Noise shall be kept at a minimum at all times. Dock Users shall use the utmost discretion in operating main engines, radios, televisions and/or other equipment so as not to create a nuisance or disturbance at the Dock or the adjoining Property. Any such violation identified to the offending vessel or Dock User shall be corrected immediately.
Section 18. The use of spotlights, floodlights and/or other lighting in such manner as to affect the safety and/or comfort of others is prohibited, except lighting which is provided by or for the benefit of the Dock. No Dock User shall permit lighting on or near his slip or vessel which adversely affects the lighting scheme at the Dock, including tower lights, speaker lights and all decorative vessel lighting.
Section 19. Ample electrical current shall be provided by the Association. No generator shall be used by any Dock User to provide electrical power to the vessel while docked at a Dock Slip. Electricity to the Dock Slips and all other utilities required by any vessel shall be billed separately to the Members as determined by the Association. Any use of a generator at the Dock requires the prior written approval of the Association.
Section 20. The utility connections of the Dock Slips provided by the Association shall not be modified without the prior written approval of the Association. Any additional costs for approved modifications to connections shall be the responsibility of the Members.
Section 21. No swimming, diving or fishing is permitted from the Dock. No fish or other marine life of any kind shall be cleaned, prepared or processed in any manner at the Dock or any vessel or on Association Property except in an area specifically designated for such use.
Section 22. Laundry shall not be hung or spread to dry or air in public view from any vessel or Dock Slip.
Section 23. Vessel owners are requested to record with the Association the name, current address and emergency telephone number of a person or persons to contact in case of an emergency. In the event of an emergency during a vessel owner’s absence, the Association shall be authorized to take any reasonable action as to the affected vessel, and to make any reasonable and necessary repairs to a vessel. The cost of such repairs shall be charged to the vessel owner and Member.
Section 24. Children must be under the direct supervision and responsibility of their parents or legal guardians while at the Dock, and children under sixteen (16) years of age must be supervised and accompanied by an adult when on the Dock and in vessels at all times. Applicable rules, regulations and recommendations promulgated by government agencies applicable to children, including, without limitation, those requiring the use of personal flotation devices, shall be complied with at all times.
Section 25. Use of the Dock property shall be limited to Dock Users.
Section 26. Damage caused by a golf cart or delivery cart shall be the responsibility of the Dock User that owns the golf cart or delivery cart.
Section 27. Each vessel must have sanitary equipment on board as is required by all applicable federal, state and local authorities. No vessel shall be deemed to be in compliance with this section if such equipment is not fully operational or if such equipment, such as a holding tank or approved marine sanitary system, is by-passed or altered contrary to such requirements. Each vessel owner shall be responsible for pumping out and discharging all sewage contained in such holding tanks into an offsite sanitary sewer system/pump-out station, as often as necessary.
Section 28. Violation of any of the above rules, or any misconduct or immoral or offensive behavior by any Dock User which might injure a person, cause damage to property, be considered in bad taste by the Association or cause harm to the reputation of the Association, shall entitle the Association to exercise any remedy available at law or in equity and shall be a cause for immediate removal of the vessel and the person(s) in question from the Dock.
Section 29. All of these rules shall apply to all Dock Users even if not specifically stated in portions hereof. The Association shall be permitted, but nor required, to grant written relief to one or more of the Members of the Association, from specific rules upon written request therefore and good cause shown, in the sole opinion of the Association.
Section 30. No vessels may be cleaned or maintained in the Dock unless U.S. Coast Guard accepted and environmentally approved solvents, additives or chemicals are used in such maintenance.
Section 31. Dock Users are responsible for the compliance of these rules by their crew, children, guests, and invitees.
Section 32. Each Dock User, joint and several with any Member, assumes all risk of injury, loss or damage to the Dock User, to the vessel owned or used by the Dock User, to the appurtenances and contents of the vessel owned or used by the Dock User, for damage to the Association Property, the channels adjacent to the Dock, the Dock, its pilings, ladders, cleats, etc., and to any persons aboard their vessels or injured by the Dock User, their vessel or persons aboard the vessel, caused by the Dock User, and the Association shall have no liability or responsibility therefore. The Association shall have the authority to impose damages, a fine, or a penalty upon any Dock User who causes any damage to the Dock and shall take all such reasonable actions including, but not limited to, imposing a maritime lien on such Dock User’s vessel. The Association hereby makes no express or implied warranties or representations as to the condition of the Dock, Dock Slips, piers, gangways, wharfs or ramps and shall not undertake any duty to advise of any hazardous conditions requiring the attention of a Dock User. The Association shall not be liable for any injury to persons or property occurring at the Dock or on the Association Property, or for any theft of, or from, any vessel, regardless of whether or not the loss, damage or claim results from negligence of the Association. The Association shall not have any liability for the care or protection of any vessel or any Dock User, and each Dock User agrees to jointly and severally with the Member, defend, indemnify and to hold harmless the Association against any such loss, damage, or claim arising out of the use of the Dock or the Association Property or the operation of a vessel at or around the Dock and the Association Property. The foregoing shall include the Dock User’s obligation to pay all attorney’s fees and costs actually incurred by the Association in connection with any matter covered by the foregoing, regardless of whether suit is brought or any appeal is taken there from. The Association reserves the right to select counsel of its own choosing, and the Dock User shall promptly pay attorneys’ fees and costs upon demand.
Section 33. Advertising or soliciting shall not be permitted on or from any vessel moored at the Dock or on Association Property, nor shall any “For Sale,” “For Charter,” “For Hire,” or any other such signs be placed on any vessels at any time except for lettering, registration numbers, flags and other displays customarily found on recreational watercraft. The Association is authorized to remove all signs that violate this provision, without notice, and are granted a temporary easement upon vessels to accomplish same.
Section 34. Sailboat owners are required to tie off halyards. If this is not done and the slapping of halyards occurs, the Association shall be authorized to tie off halyards and is hereby granted a temporary easement upon vessels to accomplish same, and to charge the Member a fee for same as established from time to time.
Section 35. No illegal activities shall be conducted, nor shall drugs or other contraband used or stored within the Dock, on any vessel or on the Association Property at any time.
 Capitalized terms used herein and not otherwise define shall have the meaning ascribed thereto in the Declaration of Covenants and Restrictions of Bayou Trace.