Cypress Creek Estates Property Owners' Association, Inc.
DECLARATION OF COVENANTS AND RESTRICTIONS
CYPRESS CREEK ESTATES
CYPRESS CREEK ESTATES, INC., a Florida Corporation, its successors and assigns, ("Developer"), developer of that certain real property designated and known as, CYPRESS CREEK ESTATES, as more particularly described in Section I hereof, hereby declares that said real property is and shall be held, transferred, sold, conveyed, and occupied subject to those covenants, restrictions, easements, charges, and liens hereinafter set forth in this Declaration of Covenants and Restrictions, hereinafter called "Declaration" and all rules of the D.E.R. or other governmental agencies including Manatee County and the State of Florida
SECTION I. PROPERTY SUBJECT TO THIS DECLARATION
A. Existing Property. The existing property subject to this Declaration is that property known as CYPRESS CREEK ESTATES, and more particularly described as:
That part of Section 22, Township 34 South, Range 18 East, Manatee County, Florida, lying North of the centerline of Cypress Creek, West of the East Line of said Section 22 and bounded on the North and West by the waters of the Manatee River, more particularly described as follows: Commence at the S.E. corner of Section 22, Township 34 South, Range 18 East; thence N 00º 08'54" E, along the East line of said Section 22, 115.00 feet; thence N 89º 51'06" W, 25.00 feet for a point of beginning; thence along the center line of Cypress Creek the following courses and distances; N 89º 51'06" W, 25.00 feet; N 84º 36'06" W, 200 feet, more or less; N 46º 51'06" W, 425 feet, more or less; N 88º 26'06" W, 150 feet, more or less; N 15º 03'54" E, 80 feet, more or less; N 88º 26'06" W, 90 feet more or less; N 43º 26'06" W, 160 feet, more or less; N 73º 00'25"E, 79 feet, more or less; N 40º 37'23" E, 138.97 feet, more or less; N 66º 00'00" W, 150 feet, more or less; S 69º 09'29" W, 60 feet, more or less; N 21º 59'16" E. 45 feet, more or less; N 25º 00'00" E, 75 feet, more or less; S 63º 00'00" W, 190 feet, more or less; N 11º 30'00" W, 244 feet, more or less; N 83º 15'00" W, 62 feet, more or less; S 35º 45'00" W, 39 feet, more or less; S 29º 00'00" E. 68 feet, more or less; S 45º 00'00" W, 48 feet, more or less; N 73º 30'00" W, 50 feet, more or less; N 26º 30'00" W, 118 feet, more or less; N 1º 09'04" E, 85 feet, more or less; N 29º 30'00" E, 65 feet, more or less; N 76º 00'00" E, 98 feet; more or less; N 2º 30'00" W, 67 feet, more or less; N 73º 00'00" W, 226 feet, more or less; S 45º 30'00" W, 38 feet, more or less; S 14º 30'00" W, 119 feet, more or less; N 71º 00'00" W, 191 feet, more or less; S 71º 00'00" W, 60 feet, more or less; S 17º 30'00" W, 113 feet, more or less; N 40º 30'00" W, 143 feet, more or less; N 84º 00'00" W, 129 feet, more or less; N 65º 30'00" W, 144 feet, more or less; S 47º 00'00" W, 90 feet, more or less, to the point of intersection of the centerline of Cypress Creek and the approximate mean high water line of the Manatee River: thence meandering Northerly and Northeasterly, along said mean high water line, 3850 feet, more or less to the point of intersection of said mean high water line and the east line of Section 22; thence S 00º 08'54" W, along said Section Line, 210 feet, more or less to a concrete monument on said Section Line, 2800.45 feet; thence N 89º 51'06" W, 25.00 feet; thence S 00º 08'54" W, 726.65 feet to the point of beginning;
SECTION II. ASSOCIATION, CYPRESS CREEK ESTATES PROPERTY INC.
At or about the time of the filing of this Declaration the developer has caused to be formed the CYPRESS CREEK ESTATES PROPERTY OWNERS’ ASSOCIATION, INC. (hereinafter called “the Association”), a Florida corporation not for profit, by the filing of the Articles of Incorporation therefor in the office of the Secretary of State, Tallahassee, Florida. As more fully set forth in its Articles of Incorporation and By-Laws, the Association was formed to function as the instrumentality of property owners in CYPRESS CREEK ESTATES for the purpose of controlling and regulating residential development within, and of promoting recreational activity within the community through the acquisition, (whether by fee simple ownership, lease or other possessory use interest) and maintenance of such recreational land and facilities as it may deem appropriate for the benefit and use of its members and to otherwise promote recreational activities in such manner as it deems beneficial to its members, and of otherwise engaging in such additional lawful activities for the benefit, use, convenience and enjoyment of its members as it deems proper.
A. Membership. Every person or entity (including the Developer) shall automatically become a member of the Association upon acquisition of a fee simple title (or in the case of the Developer, upon the filing of this Declaration) of any lot parcel or portion thereof in CYPRESS CREEK ESTATES by filing of record therefor a deed in the office of the Clerk of the Circuit Court in and for Manatee County, Florida, evidencing such ownership. Membership shall continue until such time as the member transfers or conveys of record said interest, or said interest is transferred and conveyed by operation of law, at which time said membership (with respect to the lot or parcel conveyed) shall automatically be conferred upon the transferee. Membership shall be appurtenant to and may not be separated from ownership of any lot or parcel which is subject to this Declaration of Covenants and Restrictions, except in those instances set forth in Section II I 3 a through d, hereof. Notwithstanding the provisions hereof, no person or entity who holds an interest of any type or nature whatsoever in a lot in CYPRESS CREEK ESTATES only as the security for performance of an obligation shall be a member of the Association.
B. Membership Voting. Whether or not there is more than one (1) owner (and therefore, more than one (1) member of the Association) for a particular lot in CYPRESS CREEK ESTATES, each lot or parcel, as the case may be, shall have one (1) vote at any Association meeting or election held in accordance with the Articles of Incorporation or the By-Laws of the Association. Should a lot or parcel which is the basis of automatic ownership be divided as to ownership so that separate and distinct owners or multiples of owners own separate portions thereof, each distinct owner or multiple of owners shall be entitled to that percentage of one (1) vote that is equal to the percentage of the lot or parcel owned. All voting rights of a particular lot in CYPRESS CREEK ESTATES, each lot or parcel, as the case may be, are suspended whenever the regular General assessments have been unpaid for 90 or more days.
C. Board of Directors. The Board of Directors of the Association shall consist of five (5) members, the full membership of said Board to be appointed by the Developer so long as the Developer is a member of the Association by virtue of its ownership of any portion of the property subject to this Declaration. The right of appointment set forth hereunder shall fully terminate at such time as Developer no longer holds ownership of record of any property subject to this Declaration or any part thereof. Subsequent Boards shall be elected in accordance with the Articles of Incorporation and/or the By-Laws of the Association. There shall be no requirement that any member of the Board of Directors be a member of the Association or a property owner within CYPRESS CREEK ESTATES.
D. Officers. Officers of the Association shall be appointed by the Board of Directors of the Association in accordance with the Articles of Incorporation and/or the By-Laws of the Association. So long as the Developer has or retains the right of appointment of the Board of Directors (as set forth in Section II C hereof) no officer appointed shall serve the Association until such time as the Developer approves the appointment. Upon the appointment of an officer by the Board of Directors, whether or not said appointment occurs at the annual meeting for such appointment or otherwise, the Board of Directors shall forthwith submit the name of such newly appointed officer or officers (as the case may be) in writing to the Developer. Developer shall approve or disapprove said officer or officers within twenty (20) days after receipt of said name or names. In the event Developer fails to act within such time period, such failure shall be deemed approval by the Developer. There shall be no requirement that any officer of the Association be a member of the Association or a property owner within CYPRESS CREEK ESTATES.
E. Architectural Review Board. In addition to the appointment of the officers referred to in Section 11 D, hereof, the Board of Directors of the Association shall also, in accordance with the By-Laws of the Association, appoint an Architectural Review Board (hereinafter called it the A.R.B.") for the purposes hereinafter set forth in this Section II E. So long as the Developer has or retains the right of appointment of the Board of Directors (as set forth in Section II C, hereof), no member of the A.R.B. shall serve the Association until his appointment is approved by the Developer.
Upon the appointment of any member or members of the A.R.B. by the Board of Directors, whether or not said appointment occurs at the annual meeting of members for such appointment or otherwise, the Board of Directors shall forthwith submit the name of the newly appointed member or members (as the case may be) in writing to the Developer. Developer shall approve or disapprove said member or members no later than twenty (20) days after receipt of said name or names. In the event Developer fails to act within said time period, such failure shall be deemed approval by Developer.
1. Membership and Qualifications of the A.R.B. The A.R.B. shall consist of three (3) members. Subsequent to the time during which Developer has or retains the right of approval of said members, the membership shall include at least one (1) architect. There shall be no requirement that any of the members of the A.R.B. be a member of the Association or a property owner with CYPRESS CREEK ESTATES.
2. Purpose of the A.R.B. The A.R.B. shall provide for a systematic and uniform review of all proposed improvements and construction of any type or nature whatsoever within CYPRESS CREEK ESTATES. The construction contemplated hereunder shall include but not be limited to any building, fence, wall, swimming pool, tennis court, screen enclosure and screening of any type, sewer drains, disposal system, decorative building, landscaping and any and all types of structures or improvements, whether or not the purpose thereof is purely decorative or otherwise, and any additions, modifications and/or alterations thereof. The A.R.B. shall review all plans for said improvements, it being the intent of the Developer to provide for the harmonious and aesthetically pleasing development of CYPRESS CREEK ESTATES. The A.R.B. shall evaluate the proposed improvements with emphasis upon: exterior design, materials and color; location of the improvements; topography; and conformity to the restrictive covenants imposed hereunder.
3. Review and Approval by A.R.B. The plans and specifications for any and all improvements referred to in section II E 2 above shall be reviewed by the A.R.B. No improvement of any type or nature whatsoever shall be commenced unless and until the approval thereof shall be obtained in writing from the A.R.B., and the contemplated improvements must be constructed strictly in accordance with such approved plans and specifications.
4. Rules and Regulations. The A.R.B. shall promulgate such rules and regulations as it deems necessary and proper, setting forth guidelines and procedure to be followed by any applicant seeking its approval as required in Section II E 3 hereof, which, in any event, shall not be in conflict with the provisions of this Declaration and which shall afford to each applicant a reasonable and adequate opportunity to present his proposal. The rules and regulations shall include, but not necessarily be limited to, an adequate application form together with such reasonable fees for processing applications as the A.R.B. may deem necessary. Rules and regulations as promulgated shall be subject to the approval of the Board of Directors of the Association, and upon such approval, a copy thereof shall be provided to all members of the Association. Any revisions, additions, deletions and/or amendments to the rules and regulations shall likewise have the approval of the Board of Directors of the Association, and copies shall be provided to each member of the Association.
5. Procedure before the A.R.B. An applicant may, at his discretion, initially request a meeting with a member of the A.R.B. to discuss any proposed improvement or improvements that he may contemplate, for the purpose of securing information regarding the covenants and restrictions set forth herein. Prior to the commencement of and work on the premises contemplated for improvement, an applicant must submit to the A.R.B., together with such fully executed application form and fees as may then be required by the A.R.B. and such additional information as the A.R.B. may reasonably require (which may include samples of exterior materials and exterior color selections to be used in the improvement), two (2) sets of plans and specifications for the proposed improvement or improvements in sufficient detail so that the A.R.B. may be able to adequately make the determinations required of it pursuant to this Declaration. One set of such plans shall be retained in the permanent files of the A.R.B. No later than thirty (30) days after receipt of said plans and specifications (unless the applicant waives this time requirement in writing), the A.R.B. shall respond to the application in writing by approving said application, disapproving said application, or requiring additional information. In the latter event, the A.R.B. shall respond in writing no later than thirty (30) days after receipt of said requested additional information (unless the applicant waives this time requirement in writing). In the event the A.R.B. fails to respond within said thirty (30) day period (or such additional time as may be allowed by the applicant pursuant to a waiver), the plans and specifications shall be deemed approved. In the event of approval of said plans and specifications, the applicant shall provide the A.R.B. with written notice of the following:
a. Any and all alterations, deletions, additions, and changes of any type or nature whatsoever in the plans and/or specifications as approved by the A.R.B. shall be subject to the approval of the A.R.B. in the same manner as is required for approval of original plans and/or specifications.
b. Completion of construction, and, where applicable, the receipt of a Certificate of Occupancy from the Building Department of Manatee County. Said improvement shall not be used, or in the instance where a Certificate of Occupancy is applicable, it shall not be occupied, until such time as the A.R.B. has inspected the premises and approved same for compliance with plans and specifications as previously approved by the A.R.B. In the event the A.R.B. fails to respond within forty-eight (48) hours (excluding Saturdays, Sundays and legal holidays) after receipt of said notice, said work shall be deemed approved and this requirement shall be deemed waived by the A.R.B.
c. In the event of disapproval of plans and/ or specifications as submitted, no work or construction shall be commenced in furtherance of the proposed improvement. The applicant in such event may request a formal meeting with the A.R.B. to review plans and specifications as submitted, said meeting to take place no later than thirty (30) days after written request for such meeting is received by the A.R.B. (unless applicant waives this time requirement in writing). The A.R.B. shall make a final written decision no later than thirty (30) days after such meeting, and in the event said A.R.B. fails to provide such written decision, said plans and specifications shall be deemed disapproved. Upon continued disapproval, the applicant may request a formal meeting before the Board of Directors of the Association, which shall take place no later than thirty (30) days subsequent to the receipt by the said Board of Directors of the written notice of the request for such meeting (unless applicant waives this time requirement in writing). If the Board of Directors fails to grant such a meeting within thirty (30) days after receipt of request for such meeting, then the plans and specifications shall be deemed disapproved. The Board of Directors shall make a final decision no later than thirty (30) days after such meeting, and in the event the Board of Directors fails to provide such written decision, such plans and specifications shall be deemed disapproved. The decision of the Board of Directors shall be final and binding upon the applicant, his heirs and assigns.
d. Certificate of Approval Upon Request. Upon the completion of the improvement or improvements and final approval by the A.R.B., the Board of Directors shall, upon request by an applicant, direct the appropriate officers of the Association to provide the applicant with a Certificate executed with the formalities of a deed, certifying the approval of the A.R.B. and the Association of the improvement or improvements made upon the premises for which said application was made.
e. Certificate of Failure to Comply. Should the property owner construct improvements in a manner inconsistent with the plans and specifications approved by the A.R.B., the Board of Directors may, in its discretion, issue a certificate in recordable form, expressing the A.R.B.'s disapproval of the improvements and setting forth the reason therefor.
f. Notification to Board of Directors. The A.R.B. shall promptly notify the Board of Directors of any application made to it pursuant to this Section, and in addition, shall notify the Board of Directors for the disposition of such application. Copies of all written correspondence and decisions affecting any application shall be provided to the Board of Directors.
F. Association Property.
1. Acquisition and Sale of Property.
The Association shall have the power and authority to acquire such interests in real and personal property as it may deem beneficial to its members. Said interest may include fee simple or other absolute ownership interests, leaseholds and such other possessory use interests as said Association may determine to be beneficial to its members. Any purchase, sale, transfer or conveyance of real property hereunder shall have the approval of the membership of the Association, said approval to be by the vote of two-thirds (2/3rds) of the membership in attendance in person or by proxy at a regular or special meeting of the membership called, at least in part, for the purpose of said approval.
2. (a) No later than one (1) year following the date upon which Developer ceases to be a member of the Association (by virtue of the sale of all property now special Warranty Deed all existing roadways in CYPRESS CREEK ESTATES.
(b) The members of the Association and their invitees shall have the exclusive privilege of use of the roadways within CYPRESS CREEK ESTATES, provided, however, such use shall be in accordance with all rules and regulations of the Association.
(c) At all times County Law Enforcement Offices, Health & Pollution control personnel, Emergency Medical Service personnel, and Fire Fighting personnel while in pursuit of their duties may at all times enter in and upon the Streets within CYPRESS CREEK ESTATES, and some shall also be permitted to enforce upon said streets clear Emergency Vehicle access.
3. Maintenance of Property. The Association is authorized to and shall either by virtue of the appointment of a person, firm, corporation, or other real estate management agent, or through its own personnel, provide for the maintenance and repair of the entrance islands, gates, walls, roadway, etc. of CYPRESS CREEK ESTATES, and also of such property as may be acquired by the Association pursuant to this Section I F. (1) The Developer, its affiliates, successors and assigns, may be the management agent hereunder and nothing shall be deemed to invalidate any agreement hereunder and the Developer or its affiliates as the Agent for reason that at the time of entering into such agreement, employees, officers or agents of the Developer or its affiliates are the officers and/or directors of the Association. (2) All necessary areas for drainage or roads shall at all times be maintained in a manner consistent with their use as drainage or road rights of way, as provided in the plat of CYPRESS CREEK ESTATES. (3) Developer reserves all necessary easement rights to properly serve and maintain the water, electricity, telephone, cable vision, etc. services provided for the general use of the property owners.
4. Rules and Regulations Governing Use of Association's Property. The Association, through its Board of Directors, shall regulate the use of Association property by its members and may from time to time promulgate such rules and regulations governing the use thereof as it may deem to be in the best interest of its members. A copy of all rules and regulations established hereunder and any amendments thereto shall be provided to all members of the Association.
G. Enforcement of Restrictions Set Forth in Section III Hereof, Entitled "Permitted and Prohibited Uses".
The Association, through its Board of Directors, Officers and the A.R.B. shall have the authority to enforce those restrictions imposed under Section III hereof.
The Association, through its Board of Directors, shall have the power and authority to make and collect those assessments hereinafter set forth in this Section II H.
1. General Assessments. General Assessments shall be made annually for the purpose of maintenance and management of the Association and the maintenance and management of property acquired by the Association. Maintenance and management expenses referred to herein as being included within the scope of General Assessments shall include but not be limited to the cost and expense of operation, maintenance and management of the Association and its property; property taxes and assessments against the property; insurance premiums for fire, windstorm and extended coverage; insurance on the Association's real property and personal property; premiums for public liability insurance; legal and accounting fees; management fees; operating expenses of the property and the Association; maintenance, repairs and replacements; charges for utilities and water used upon said property; cleaning services; expenses and liabilities incurred by the Association in and about the enforcement of its rights and duties against members or others; and the creation of reasonable contingencies for reserve requirements for the protection of the members, its property, and all other expenses deemed by the Directors of the Association to be necessary and proper for the management, maintenance and repair of said property. The Association shall annually estimate the amount of expenses it expects to incur and the period of time involved therein and may assess its members sufficient monies to meet this estimate. Should the Association through its directors at any time determine that the Assessments made are not sufficient to pay the expenses, or in the event of emergency, the Board of Directors shall have authority to levy and collect additional general assessments to meet such needs of the Association. All notices of assessments from the Association to the members shall designate when they are due and payable. All general assessments shall be at a uniform rate for each lot so that each lot or parcel subject to this Declaration shall be assessed equally.
General assessments shall be collectable in advance monthly, quarterly, semi-annually or annually, as the Board of Directors shall determine. Any general assessment shall bear the maximum interest rate permitted under Florida law on the outstanding balance per month for each month past the due date.
2. Special Assessments. The board of Directors may levy a Special Assessment for any of the followings purposes: the acquisition of property pursuant to Section II F hereof; defraying the cost of construction of capital improvements to Association property; the cost of construction, reconstruction, unexpected substantial repair or replacement of a capital improvement, including the necessary fixtures and personal property related thereto. Except when the cost of repair contemplated, hereunder, does not exceed $5,000.00, any special assessment shall have the approval of the membership of the Association, said approval to be obtained at a duly convened regular or special meeting called at least in part to secure this approval, by an affirmative vote of no less than two-thirds (2/3rds) of the members present in person or by proxy. All notices of special assessments from the Association to the members shall designate when they are due and payable. All special assessments shall be at a uniform rate for each lot, so that each lot or parcel subject to this Declaration shall be assessed equally. Should a lot or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners own separate portions thereof, each distinct owner or multiple of owners shall be assessed that percentage of the assessment which is equal to the percentage of the lot or parcel owned.
Special assessments shall be collectable in such manner as the Board of Directors shall determine. Any special assessment shall bear the maximum interest rate permitted under Florida law on the the outstanding balance per month for each month past the due date.
3. Individual Assessments. Pursuant to the Association's power and authority to enforce those covenants, restrictions and regulations set forth in Section III hereof, the Board of Directors may separately assess owners of an individual lot or parcel in accordance with said Section. Any assessment made thereunder shall be due and payable upon presentment and thereafter shall bear the maximum interest rate permitted under Florida law on the the outstanding balance per month for each month past the due date.
I. Effect of Non-Payment of Assessments.
1. The Lien, The Personal Obligation, Remedies of Association. If any assessment is not paid on the date when due, such assessment shall then become delinquent and shall, together with interest and late fees thereon up to the maximum amount permitted by law, and the cost of collection thereof, become a continuing lien on the lot against which such assessment is made, which lien shall bind such lot or parcel in the hands of the owner, his heirs, devisees, personal representatives and assigns, and shall also be the continuing personal obligation of the owner against whom the assessment is levied.
If the assessment is not paid within thirty (30) days after the delinquency date, which shall be the due date, the Association, through its Board of Directors, may, at any time thereafter, bring an action to foreclose the lien against said property and/or a suit on the personal obligation against the owner or owners and there shall be added to the amount of such assessment the cost of preparing and filing a complaint in such action (including reasonable attorney's fees), and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the Court, together with the cost of the action. Payments received after the due date established by the Board shall be applied first to interest, late fees, costs and attorney fees and then to the principal owed regardless of any restrictive endorsement included with the payment. The Board may pursue any and all legal remedies available to compel an owner's payment of assessments and other monetary obligations, including, but not limited to, turning the matter over to a collection agency. The Association may choose any of these courses of action, as the Board deems appropriate, without same constituting a waiver or election of remedies. Each assessment against a lot, together with interest and late fees thereon at the highest rate allowed by law, and costs and expenses of collection thereof, including attorney's fees, shall be the personal obligation of the person, persons or entity owning the lot or parcel assessed and shall be the joint and several liability of all owners of the lot or parcel. Except as provided below, any person or entity which acquires title to a lot, including a purchaser at a judicial sale, shall be jointly and severally liable with their predecessor in title for all unpaid assessments and other charges against the predecessor for his/her share of the assessments, including attorney’s fees and other costs and expenses of collection incurred by the Association up to the time of the transfer, without prejudice to any right the transferee may have to recover from the transferor the amounts paid by the transferee. The lien shall set forth the assessments due to the Association as of the date the lien is signed and shall be acknowledged by an Officer or agent of the Association. The lien shall secure additional assessments that become due, as well as interest, late fees, attorney fees, and other costs and expenses of collection that are due and become due after recordation of the lien. Upon recordation in the Public Records of Manatee County, Florida, the lien shall relate back to the date of recording the original Declaration, except as to the first mortgages of record.
2. Subordination to Lien of Mortgages. As to first mortgages of record, the Association's lien is only effective from and after recording of a claim of lien against the lot or parcel. Upon full payment of all sums secured by the lien and costs and fees accrued, the party making payment shall be entitled to a recordable satisfaction of lien. If any first mortgagee or other person, persons or entity obtains title to a lot or parcel as a result of a foreclosure of a first mortgage or a deed is given in lieu of foreclosure of a first mortgage of record, such acquirer of title shall be liable for the share of assessments pertaining to such lot or parcel chargeable to the former Owner, and which became due prior to the acquisition of title as a result of the foreclosure or deed in lieu of foreclosure of said first mortgage of record as provided in Section 720.3085 of the Florida Statutes (2015) as the same now exists or may be amended from time to time. No sale or transfer shall relieve any lot or parcel from liability for any assessment thereafter becoming due, nor from the lien of any subsequent assessment.
3. Exempt Property. The Board of Directors shall have the authority to exempt any of the property subject to this Declaration from the assessments, charge and lien created herein provided that such part of the property exempted is used (and as long as it is used) for any of the following purposes:
a. Any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use.
b. Any lot or parcel acquired by the association in accordance with Section II, hereof.
c. Any of the property exempted from ad valorem taxation by the laws of the State of Florida, to the extent agreed to by the Association.
d. All roadways within CYPRESS CREEK ESTATES.
Not withstanding any provisions herein, no land or improvements devoted to dwelling or related use shall be exempt from said assessments, charges or liens.
J. Indemnification of Officers, Directors, and Members of the A.R.B. Every officer of the Association, Director of the Association, and Member of the A.R.B. shall be indemnified by the Association against all expenses and liability, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party or in which he may become involved by reason of his being or having been an officer, director, or member of the A.R.B., whether or not he is an officer, director or member of the A.R.B. at the time such expenses are incurred, except in such cases wherein the officer, director, or member of the A.R.B. is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties, provided that in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the officer, director, or member of the A.R.B. seeking such reimbursement or indemnification, the indemnification herein shall apply only if the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such officer, director, or member of the A.R.B. may be entitled.
SECTION III. PERMITTED AND PROHIBITED USES
A. Lot Restrictions. One (1) lot as shown on the plat of CYPRESS CREEK ESTATES shall be the minimum land area upon which a single-family residence may be constructed.
B. Enclosed Livable Floor Area. The floor area of the main dwelling structure of all homes shall have a minimum square footage of 2500 S.F. The square footage is exclusive of open or screened porches, terraces, garages, covered walks, patios, and pool areas.
C. Building Height. The height of any building shall not be any more than two and one-half (2-1/2) stories or thirty (30) feet in height. In the event any residential unit is destroyed or removed by or for any cause, if replaced, said unit shall be replaced with a unit of similar size and type, however, not exceeding the dimensions of the previous unit, unless otherwise specifically approved by the A.R.B.
D. Garages. All residences must have enclosed garages which may be attached or detached to the residences but not face the street unless approved by the Architectural Review Board. All garages must be sufficient in size to accommodate no less than two (2) automobiles and have a minimum floor size of 400 square feet. All garages must have doors operated by an electrical door opener. No carports will be permitted.
1. All exterior storage areas, service yards, trash cans, propane tanks, grills, and air conditioner compressors shall be located or screened so as not to be visible from the streets, lake or adjacent properties.
2. Laundry facilities, service areas, drying yards and clothes lines must be completely screened.
3. Any vegetable garden must be confined to the rear yard.
4. Homeowners may not fence their entire yard, front or rear. In addition the square footage of any fenced area may be no larger than 400 square feet. All fencing must be confined behind the rear line of the residence and may extend no more than 20 feet from the rear of the residence. All fences require advance approval from the Architectural Review Board (A.R.B.). The composition of any fence must be consistent with other fences within Cypress Creek Estates. The maximum height of any fence or other barrier shall be four (4) feet. The A.R.B. may require the addition of landscape shrubbery to complement the fence or barrier.
F. Residence Graphics. The size and design of all mailboxes, mailbox standards, house numbers, and signs, including signs indicating the availability of the property by agent or owner, shall be selected and approved by the Architectural Review Board in order to display continuity and conformity throughout the entire development.
G. Refuse Removal. All garbage and trash containers must be underground or placed in a screened area not visible from adjoining lots, the streets, or the lake. No lot shall be used or maintained as a dumping ground for rubbish, trash, or other waste.
H. Property Elevation. No changes in the elevation of the land shall be made upon the premises nor shall any fill be used to extend the property beyond the lot line without the prior written consent of the Architectural Review Board.
I. Trees. No tree or shrub, the trunk of which exceeds two (2) inches in diameter, shall be cut down, removed, or otherwise destroyed without prior written consent of the Architectural Review Board.
K. Antennae and Flagpoles. No aerial or antenna shall be placed directly upon any lot or affixed to the exterior of any building without advanced approval of the A.R.B. The maximum height of any antenna shall be thirty (30) feet from ground level.
L. Lot Use. No lot or lots shall be used or occupied for any purpose other than residential. No business or commercial building shall be erected on any lot nor shall any business be conducted on any part thereof. Specifically prohibited are business activities that result in physical visits to Cypress Creek Estates or adjacent waterways by customers, clients, potential clients, sales prospects, or employees (excluding family members living in the home). This provision shall not be deemed to prohibit home based business activities that do not generate physical traffic to the neighborhood. This provision shall not be deemed to prohibit the Association from acquiring any lot or lots within the subdivision for such purpose or purposes as it may deem necessary or beneficial for its members, including, but not limited to recreational purposes and/or maintenance and storage of road and mowing equipment vehicles.
M. Construction Phase. Construction of any improvements shall commence no later than five (5) months following the written approval of plans and specifications therefor, and upon commencement, shall be prosecuted diligently and completed without stopping, within a reasonable period of time not to exceed one (1) year. Site appearance during such construction shall be kept in a neat and orderly condition so as not to cause an unsightly condition of the property. In the event the owner or his agent (contractor or subcontractor) shall fail to maintain the site as specified and continues such failure more than seven (7) days following delivery of written notice thereof from the Association, the Association may order a cleanup of the site and assess the owner the cost thereof. Such assessment shall be lienable in accordance with Section II I hereof. The Architectural Review Board shall have the power to extend the period of construction beyond the one (1) year period set forth herein provided the member makes application therefor, and the Architectural Review Board determines the request is reasonable. Any extension hereunder shall be for a time certain as set at the discretion of the Architectural Review Board.
N. Temporary Residence. No outbuilding shall be used for permanent or for temporary residences. No temporary buildings, tents, trailers, vans, shacks, tanks or temporary structures shall be erected or permitted to remain on any lot without permission of the Architectural Review Board.
0. Nuisances. No property owners shall do or permit to be done any act upon his property which is or may become a nuisance to other property owners.
P. Pets. No animals of any nature or type whatsoever shall be kept or maintained on any part of the property except dogs, cats and other household pets normally and customarily kept, harbored and maintained in strictly residential areas. No owner shall cause nuisance to adjoining lot owners by maintaining more pets than can be reasonably housed and maintained upon his property. Any pet maintained at CYPRESS CREEK ESTATES shall be on a leash or otherwise restrained when outside the owner's "property" and shall not become a nuisance to other owners in CYPRESS CREEK ESTATES.
Q. Boats, Trailers and Motor Vehicles. No boats, trailers, house trailers, motor homes, commercial vehicles, camping trailers, motorcycles, motor scooters, go-carts, motor bikes or other vehicles, whether of a recreational nature or otherwise, except four-wheel passenger vehicles shall be placed, parked or stored where they can be viewed from the streets or adjacent homesites, except for a forty-eight (48) hour period for loading, unloading and cleaning of a recreational vehicle only. No repair shall be done upon any such boat, trailer, or motor vehicle, including four-wheel passenger vehicles, except when in a building and totally isolated from public view. Subject to the approval of the Board of Directors on an individual basis, sailboats and other non-motorized water craft may be moored in an orderly manner, along the shoreline of the lake.
R. Unsightly Lots. No underbrush and/or any other unsightly growth shall be permitted to grow upon any lot, and no refuse or unsightly objects shall be allowed to remain thereon. In the event that any owner shall fail or decline to keep his lot free of underbrush, refuse and/or any other unsightly objects, then the Association, after providing the owner with written notice thereof, may, seven (7) days after delivery thereof, enter upon said lot and remove same and assess the owner accordingly. Such entry shall not be deemed as a trespass. Any assessment made hereunder shall be subject to the filing of a lien therefore in the event said assessment is not paid in accordance with Section II H 3 and Section II I 1 hereof. The Association shall, at the election of the lot owner and for an agreed charge to the lot owner, maintain any undeveloped lots so agreed to, which may include any and all lots owned by the Developer, so as to prevent said undeveloped lots from becoming unsightly as defined herein. Any charge which may be agreed to hereunder shall be deemed an individual assessment in accordance with Section II H 3 hereof and shall be subject to the filing of a lien therefore in accordance with Section II I hereof.
S. Subdivision of Lots. The owner of more than one (1) contiguous lot may apply to the Architectural Review Board for permission to use such lots as a site of a single dwelling and upon written consent of the Architectural Review Board, said contiguous lots shall thereafter be treated as a single dwelling lot. Said lots shall continue to be treated as separate and distinct lots for purposes of voting and assessment. The owner shall not be required to comply with the side yard setbacks, except as to the outside lot lines of the combined lots he owns.
No lot may be sold in violation of 205G.3d(4) of the Land Development Code of Manatee County which prohibits dividing lots to yield additional and unplanned densities of use.
1. All buildings shall meet the setback requirements of Manatee County.
2. The composition, location or height of any fence or wall to be constructed on any lot shall be subject to the approval of the Architectural Review Board. The Architectural Review Board shall require the composition of any fence or wall to be consistent with the material used in the surrounding homes and other fences, if any. No front or rear property line hedges will be permitted without the written approval of the Architectural Review Board.
U. Pool And/Or Patio Enclosures. The color and specifications of pool and/or patio enclosures and screening shall require approval of the Architectural Review Board. No above-ground pools shall be permitted.
V. Roofs. The roofs of structures to be constructed on single-family lots shall have a minimum pitch of 5" in vertical dimension for each 12" of horizontal dimension. The composition of all pitched roofs shall be tile, cedar shake shingles, slate, or concrete tile construction, or other composition approved by the Architectural Review Board. Flat roofs shall be permitted only for patio, Florida rooms, porches and/or pool covering, and then only upon specific approval by the A.R.B. Any variance from this provision shall be permitted only upon unanimous approval of the Board of Directors of the Association.
W. Swales. Each individual lot owner shall maintain all swale areas abutting his lot and located between said lot and a roadway within CYPRESS CREEK ESTATES in the same condition and manner as the lots are required to be maintained pursuant to this Section III. In addition, each individual lot owner is required to sod said swale area and install and maintain an adequate automated irrigation system within or upon said swale area at such time as a residence has been constructed upon the abutting lot. Alternatively, the Architectural Review Board may approve the replacement of swales by an enclosed drainage pipe, graded to lot level with fill dirt, covered with sod supported by an automatic irrigation system.
X. Culverts and Driveway Approaches. It shall be the responsibility and obligation of each individual lot owner to install at his expense culverts and driveway approaches in accordance with the requirements of Manatee County.
Y. Driveway Construction. All dwellings shall have a paved driveway of stable and permanent construction of at least sixteen (16) feet in width at the entrance to the garage. Unless prior approval is obtained from the Architectural Review Board, all driveways must be constructed with concrete, concrete chattahoochee, or "Bomanite". Where curbs are required to be broken for driveway entrances the curb shall be repaired in a neat and orderly fashion acceptable to the Architectural Review Board.
Z. Games and Play Structures. All basketball backboards and any other game or play structure shall be located so as not to cause a nuisance to adjacent property owners and shall be subject to the prior approval of the Architectural Review Board. No platform, doghouse, playhouse, or structure of a similar kind in nature shall be constructed on any part of a lot located in front of the rear line of the residence constructed thereon, and any such structure must have the prior approval of the Architectural Review Board.
AA. Creek, River and Lake Shoreline Treatment. No docks, piers, bulkheads, mooring devices, or other improvements shall be permitted at the shoreline of the creek, river or lake without the prior approval of the Architectural Review Board and all other necessary government agencies. The shore, lake and creek bottom may not be dredged, filled or altered in any way. The owner of each lot lying adjacent to the river, lake or Cypress Creek shall be responsible for the landscaping and maintenance of that area of property located between such owner's property line and the shoreline of the river, lake or creek. The owner shall maintain this area free of weeds, rubbish, flotsam and any unsightly growth, and shall sod and irrigate the area as part of the overall landscaping of his lot.
BB. Covenant in Perpetuity. There shall be no mining, exploration or drilling for oil, gas or minerals on the subject property.
CC. Residence Graphics and For Sale Signs. No sign, advertisement, notice, or other lettering shall be exhibited, displayed, inscribed, painted or affixed, in, on or upon any part of the Common Areas, or on any Lot, by the owner or occupant, or their agents, without the approval of the Board of Directors, which shall have the right in its sole discretion to prohibit or to restrict and control the size, construction material, wording, location and height of all signs, and may summarily remove and destroy all unauthorized signs.
The Architectural Review Board shall publish the specifications of a uniform "For Sale" sign, and the restrictions for the display of said sign. A single uniform sign that meets all of the published specifications shall be the only sign permitted providing a visible indication that the property is available for sale, rent or change of ownership in Cypress Creek Estates.
SECTION IV. - GENERAL PROVISIONS
A. Duration and Remedies for Violation. All violations to the Covenants and Restrictions should be reported in writing to the Board of Directors. Include your name, address, phone number and date, the name, or at least the location of the purported offender, along with an explanation and/or description of the offense. No corrective action will be taken until your written report is on file. The name of the homeowner making the report shall be kept confidential. The covenants and restrictions of this Declaration shall run with and bind the property and shall inure to the benefit of and be enforceable by the Developer or the Property Owners' Association. The Association or the owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of Twenty-five (25) years from the date this Declaration is recorded after which time said covenants and restrictions shall automatically be extended for successive periods of Twenty-five (25) years unless an instrument signed by the then owners of two-thirds (2/3rds) of such lots or parcels as have then been subjected to this Declaration has been recorded, agreeing to change or terminate said covenants and restrictions in whole or in part. Violation or breach of any condition, covenant or restriction herein contained shall give the Developer and/or the Association such right of action before any Court of competent jurisdiction whether in law or in equity, to compel compliance with the terms of said conditions, covenant or restrictions and to prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the then owner or owners of the property in violation, provided such proceeding results in a finding that such owners or owners was in violation of said covenants or restrictions. Expenses of litigation shall include reasonable attorney's fees incurred by Developer and/or the Association in seeking such enforcement. The following procedure shall be followed to insure a resolution of any violations before they reach a litigation level.
B. In addition to these restrictions and covenants, the owner must abide by the laws and regulations of the State of Florida and Manatee County.
C. Notices. Any notice required to be delivered to any member or owner under the Provisions of this Declaration shall be deemed to have been properly delivered when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing.
D. Severability. Invalidation of any one of these covenants and restrictions by Judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect.
E. Amendment. This Declaration may be amended at any time and from time to time upon the execution and recordation of an instrument executed by owners holding not less than two-thirds (2/3rds) of the voting interests of the membership, provided that so long as Developer is the owner of any lot or any property affected by this Declaration or amendment hereto or is entitled to appoint the Board of Directors of the Association, no amendment will be effective without Developer's express written joinder and consent. In addition, no provision shall be deemed to limit Developer's power and authority to impose additional obligations and duties of enforcement upon the Association with covenants and restrictions as may be deemed necessary by the Developer.
F. Developer. Not withstanding anything to the contrary elsewhere contained in this Declaration or in the Articles of Incorporation or By-Laws of the Association, or any exhibits thereto, wherever used the term "Developer" shall include the successors and assigns of the Developer, excluding purchasers of lots or parcels from the Developer in the ordinary course of the Developer's business. Developer shall have the authority to assign any or all of its rights reserved hereunder, and/or under the Articles of Incorporation or By-Laws of the Association, or any exhibits thereto, either conditionally or absolutely, as security for repayment of its obligations to the holder of Mortgages encumbering the property specifically described in Section I of this Declaration or its nominee. Such assignment shall not be deemed to be an assignment of any of the Developer's obligations, except from and after the date of actual exercise of such powers by the assignee, and then only as to such obligations that are incident to the exercise of such powers.
G. Conflicts. In the event of any conflict between the terms of this Declaration and the Articles of Incorporation or By-Laws of the Association, the terms of this Declaration shall govern; and in the event of any conflict between the Articles of Incorporation and the By-Laws of the Association, the terms of the Articles of Incorporation shall govern.
H. Usage. Whenever used, the singular shall include the plural and the singular, and the use of any gender shall include both genders.
I. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Manatee County, Florida.
IN WITNESS WHEREOF, the Developer has caused these presents to be executed as required by law on this 7th day of May, 1985.
CYPRESS CREEK ESTATES, INC.,
A Florida Corporation
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updated: March 25, 2017