DECLARATIONS OF COVENANTS AND RESTRICTIONS
TABLE OF CONTENTS
ARTICLE I: Definitions
ARTICLE III: Membership and Voting Rights in the Association
ARTICLE IV: Properties Rights
ARTICLE V: Maintenance: Assessments
ARTICLE VI: Plans and Specifications Approval*
ARTICLE VII: Off Street Parking
ARTICLE VIII: Nuisances and Removal Thereof
ARTICLE IX: Garbage and Trash Removal
ARTICLE X: Oil and Mining Operations
ARTICLE XI: Livestock, Poultry and Animals
ARTICLE XIII: Shorelines
ARTICLE XI: Use Restrictions
ARTICLE XV: Trucks and Heavy Equipment
ARTICLE XVI: Subdividing
ARTICLE XVII: Sewage
ARTICLE XIX: Minimum Size of Property
ARTICLE XX: Permanent Easement
ARTICLE XXI: Homeowners' Association
ARTICLE XXI: General Provisions
ARTICLE XXIII: Construction
ARTICLE XXIV: Lakes and Waterways
ARTICLE XXV: Garage and Estate Sales
DECLARATIONS OF COVENANTS AND RESTRICTIONS
The following words when used herein shall have the following meanings:
A. "Developer" shall mean AMERICAN HOME SERVICE CORP., a Florida Corporation.
B. "Association" shall mean and refer to a non-profit Florida corporation, GOLF HAMMOCK OWNERS
ASSOCIATION, INC. which shall be an Association of home owners.
C. "The Properties" shall mean and refer to the property and all additions thereto as provided for herein.
D. "Common Property" shall mean those areas shown on any recorded subdivision plat of the properties intended to be devoted to the common use and enjoyment of the owners of the properties, including lakes, and roads.*
E. "Lot" shall mean and refer to any parcel of land shown on any plat with the exception of common properties, and if no plat is recorded, shall mean and refer to any building site or individually owned parcel of land within the area of land subject to these restrictions.
F. "Owner" shall mean the fee simple owner of title to any lot.
*Bridle Paths - deleted- recorded May 27, 1987
PROPETY SUBJECT TO THIS DECLARATION ADDITIONS THERETO
Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is described on "Exhibit A", attached hereto.
Section 2. Additions to Existing Property. Additional land may become subject hereto if the Developer brings same within the scheme of this Declaration in future stages of development; provided, however, that any such additions shall conform to the general development of the existing property, and the same shall become subject hereto upon Developer recording a declaration describing such additional land and stating that the same shall be subject to this Declaration, referring therein to the book and page of the Public Records where this Declaration is recorded.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Every person or entity which is the fee simple owner of record with the rights, duties, responsibilities, voting privileges and other incidents of ownership being set forth in detail in the by-laws of Articles of Incorporation or the by-laws of the Association, each owner shall be entitled to one (1) vote for each lot.
Every member shall have a right of easement of enjoyment in and to all of the common properties, which shall be appurtenant to and pass with the title to every lot. The developer may retain the legal title to the common properties until such time as it has completed improvements thereon and until such time as, in the Developer's opinion, the Association is able to maintain the same, and until the date of actual conveyance, the interest of the Association shall be an equitable interest. Notwithstanding the foregoing, the Developer, for itself, its successors and assigns, hereby covenants and agrees to convey the common properties to the Association not later than December 31, 1987.
The Developer, for itself, its successors, and assigns, shall have the option to extend the date when it must convey the common properties to the Association to not later than December 31, 1989. Amendment recorded March 1, 1985.
The Association shall have the duty and responsibility to do following:
A. To maintain "parklets" and common landscaping areas as delineated on any plats of the subject property, if any.
B. * Deleted May 27, 1987.
C. To maintain all fences and barricades constructed for the common security of the owners.
D. To clean and maintain the lakes and waterways, if any, located within the properties.
E. To maintain all private roads located within the properties.
The Association may, but shall not be required to do the following:
F. To provide a security patrol and facilities for the protection of the members and their families and residences.
G. To do such other things and take such other actions as may reasonably be required to promote the health safety and welfare of the members.
To accomplish any or all of the foregoing, the Association may assess each owner an amount, and all owners of lots within the property shall be obligated to pay a proportionate share of the cost of the foregoing services and other charges or fees otherwise provided for in the Articles of Incorporation or by-laws of the Association, whether or not the obligation to make such payment is specifically expressed in any deed or other conveyance of the title to such lot or living unit.
The delineation of services above is merely an expression of the general type of services to be provided, and any costs reasonably incurred shall be assessed equally against the owners. The method of assessment and creation and enforcement of assessments and liens shall be specifically provided for in the by-laws of the Association; provided, however, that the Association shall have and is hereby given a lien on each lot and living unit for the amount of any unpaid assessment, with interest thereon at the rate of nine percent (9%) per annum from the date the same is past due until paid, and the said lien may be enforced in the same manner as a mortgage thereon may be foreclosed; provided however, that any lien created pursuant to this Declaration of Covenants and Restrictions or the By-laws of the Association shall not exist until the same is recorded in the Public Records of Highlands County, Florida, making specified references to this Declaration.
Each owner agrees to pay court costs and reasonable attorney's fees incurred by the Association in enforcing the provisions hereof against such owner.
PLANS AND SPECIFICATIONS APPROVAL*
Prior to obtaining a building permit and starling construction on any lot, the plans and specifications must be submitted to the Association, or its duly authorized agent, in order to determine compliance with Article XIX (Minimum Size of Residence).
*Amendment recorded March 6,1986
OFF STREET PARKING
No vehicle of any kind, including automobiles, trucks, travel trailers, motor homes, boats, boat trailers and utility trailers shall be parked or kept on any street or road deemed common property hereunder.
No vehicle otherwise permitted to be maintained on residential property under this Declaration of Covenants and Restrictions, as amended from time to time, shall be parked or kept on the lawn of any residence or on any vacant lot. Vehicle parking is restricted to homeowners' driveways and garages. This prohibition shall not apply to social invitees on an occasional basis not to exceed once per month or to persons to whom the Board of Directors has given written permission in advance for such parking for social events exceeding one month. *
*Revision recorded in public records of Highlands County March 6, 2001
NUISANCES AND REMOVAL THEREOF
The Association shall have the right, power and duty to establish rules and regulations for the maintenance of the lots within the subdivision. It is the intention of the parties that no trash or refuse be allowed to be placed, or suffered to remain, anywhere within the subdivision or on the lands or individual lots, and that such lands shall be kept free from such conditions and in a clean and tidy condition, and free of conditions obnoxious to the eye or emitting foul or obnoxious odors, and that all structures and improvements built on such lands, and appurtenant thereto, be kept in good condition, repair and appearance by the party for whose benefit the same is maintained. Furthermore, outside clotheslines and the hanging of laundry thereon is not permitted. Similarly, no lot shall be used in such manner as to cause noise which will disturb the peace, quiet, comfort or serenity of the occupants of surrounding properties. Nor shall any sign, other than standard "For Sale” sign, be erected on any lot without prior approval of the Golf Hammock Owners’Association Board of Directors. * Said "For Sale" sign shall be removed by the owner within fifteen (15) days after settlement of a sale. **
* Amendment recorded April 30, 1993
** Amendment recorded December 18, 1996
GARBAGE AND TRASH REMOVAL
No garbage, refuse or rubbish shall be kept on any lot. All areas for the deposit, storage or collection of garbage or trash shall be substantially shielded or screened from neighboring property or common areas, including the golf course.
OIL AND MINING OPERATIONS
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the properties, nor shall oil wells, tanks, tunnels, or mineral excavations be permitted upon or in die property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions.
LIVESTOCK, POULTRY AND ANIMALS
No livestock, poultry or animals of any kind may be kept on any lot, except domestic household pets. Domestic animals may be kept on any lot, provided that they are not kept, bred or maintained for any commercial purpose, and provided further that they are so kept as not to be an annoyance or nuisance to the neighborhood. Not more than two (2) dogs may be kept at one residence. Dogs must be kept secured on your property or on a leash when they are off your property.
*Amendment recorded February 8, 1995... note the removal of horse(s)
DOCKS, BOATHOUSES, WATERFRONT CONSTRUCTION AND BOATS
Docks, bulkheads, mooring, piling or other construction may be erected on, or over, the lakes or waterways, if any, in the properties with the approval of the Association. No motorboats or gasoline motors shall be permitted or used in any of such Jakes or waterways in Golf Hammock.
*Amendment recorded January 12, 1994
Shoreline contours of any lake within the properties, and the lots above or below water, and any sea walls thereon, may not be changed without written approval of the Association. No lot shall be increased in size by filling in the waters upon which it abuts.
All of the lands subject to the provisions hereof shall be used only for single family residential uses; only one residence may be built on one lot. Buildings accessory to the use of one family living may be erected, provided that they do riot furnish accommodations for an additional family. No commercial building shall be erected, nor shall any building be used for any commercial purposes. No trailer, tent, shack or other outbuilding shall be used as a temporary or permanent residence.
TRUCKS AND HEAVY EQUIPMENT
No truck or other commercial vehicle larger than a three-quarter ton pickup shall be kept upon the properties, nor shall a recreation vehicle be kept upon the properties unenclosed, nor shall any boat, boat trailer or utility trailer of any size be kept unenclosed upon the properties. No commercial equipment, road graders, bulldozers, or other heavy equipment shall be kept, stored, or allowed in the development except that equipment needed to build and maintain roads and to make other improvements as deemed necessary by the Association.
*Amendment recorded January 24, 1996
No platted lot shall be subdivided, nor shall any portion of a lot less than the whole thereof be sold or transferred to any person, unless the entire lot shall be utilized to enlarge the adjacent lots.
Whether or not provision therefore is specifically stated in any conveyance, the owner or occupant of each and every parcel of land subject to these provisions, by acceptance of title thereto, or by taking possession thereof, covenants and agrees that septic tanks sufficient in size and construction to provide sanitary disposal of sewage shall be placed on or in connection with such parcel.
MINIMUM SIZE OF PROPERTY
The floor areas of any single family residential unit erected in this subdivision shall not be less than One Thousand Two Hundred (1,200) square feet, exclusive of garages, unglazed porches, screen patios, loggias, or similar spaces, and exclusive of any accessory building.
Notwithstanding that the roads within the area subject to this agreement may be developed, kept and maintained as private roads and drives, a permanent and irrevocable easement and right-of-way over and across said roads is retained by the Developer for the benefit of the Developer and any grantee of Developer of any lands, their successors and assigns, and any tenants, guests and visitors, and for the use and benefit of all service vehicles and personnel to pass over and across the same for the purposes of ingress and egress to and from any lands now or hereafter or heretofore at any time owned by Developer, and a permanent and irrevocable easement is likewise given and granted to any utility which shall, by separate agreement, or by law, have the right or obligation to provide utility services to any of such lands, to install, repair, and maintain their utility lines within the right-of-way of any such road, and the easements herein referred to shall continue in perpetuity, notwithstanding any of the provisions of this agreement regarding termination of the provisions hereof.
For the purpose of maintaining roads, traffic control, landscaping within the roadway areas, security control, waste services, and all common community services of every kind and nature required or desired within me lands described herein for the general use and benefit of all lot owners, each and every one of them, by acceptance of a deed or a contract for any of such property, agrees to, and shall be a member of, and be subject to the obligations and duly acknowledged by-laws or rules of the Association. The Developer shall elect to transfer control of the Association to the members no later than three years from the date of the first sale of a lot, or when 30% of the lots are sold, whichever occurs first. "Control" of the Association shall mean the right to elect all officers and directors of the Association.
Section I. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns for a period of 25 years. The same shall continue in effect, unless prior to the expiration of such period. They shall be recorded in the Public Records of Highlands County, Florida, by the Association pursuant to an affirmative vote of a majority of its members, a certificate of cancellation and revocation of the same.
Section 2. Amendment. These Declarations may be amended by the joint action, evidenced by a duly executed and recorded instrument of the Association, executed by its President (or Vice President) and its Secretary, acting by a majority vote of its members, provided, however, that any such amendment shall not affect the lien of any mortgage then encumbering part of the subject land, nor shall such amendment be binding upon or enforceable against any mortgagee acquiring title to the land as a result of foreclosure, or the successors, assigns or grantees of any such mortgagee, unless such mortgagee shall join in amendment.
Section 3. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent 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.
Section 4. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation, or to recover damages, and against the land to enforce any lien created by these covenants. In addition to the foregoing right, me Association shall have the right, after giving 30 days' written notice of any violation to the violating party, said notice to be effective upon mailing, to enter upon any property whenever there shall have been built on such property subject to these restrictions, any structure which is in violation here of, or upon which any violation of these restrictions may exist or be permitted to exist, and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass, and the cost thereof shall be a lien in favor of the Association, imposed and enforceable as provided in Article V.*
As an alternative, the Association shall have the right to assess fines of up to $100 for each violation for every day that the violation is not corrected. The total fine cannot exceed $1,000 for each violation. If the violating party objects to the fine, the violating party will have 14 days to request a hearing before an independent three member committee appointed by the Board. If the committee, by a majority vote, agrees with the Board, then the fines will be imposed. If the committee fails to approve the fine, then it may not be imposed. If the violating party doesn't request a hearing before the committee, then the fine(s) will be effective 14 days from the date of the notice that details the violations and fines. The fines can become a lien on the property in favor of the Association, imposed and enforceable as provided in Article V.*
The failure by the Association to enforce any restriction herein contained shall not be deemed a waiver of the right to do so thereafter.
The Association shall be entitled to reimbursement from the owner for its reasonable and necessary costs, including reasonable attorney's fees, incurred in enforcing these covenants and restrictions.**
* Amendment recorded February 7, 1990 ** Amendment recorded 1/12/1999
Section 5. Severability. Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect any other provision hereof, which shall remain in full force and effect.
Section 7. Restrictions. Against Satellite Dish Television Antennas. Except as to the lots in Golf Hammock Phase 1 and Golf Hammock Unit II (one acre or greater lots), no individual satellite dish television antennas larger than 24 inches in diameter are permitted on any of the lots subject to the restrictions herein. Exceptions to this restriction may be obtained with the written approval of the Board of Directors in the event that a group ''more than thirty) of lot owners, through a community effort, wishes to erect a satellite dish television antenna to be used jointly by those lot owners.
*Amended January 24, 1996
Section 8. Sodding. All improved lots must be completely and continuously sodded from the edge of the pavement to the rear of the house, excepting only driveways, walkways and landscaped areas.
*Amended January 12, 1994
Section 9. Above Ground Swimming Pools. No above ground swimming pools are permitted.
*Recorded March 6, 1986
All Association approved construction on any lot must be completed within 12 months from the dale of Board Approval, date of permit or notice of commencement whichever is earlier. Any construction which has been under way for 12 months as of the effective date of this Amendment must be completed within 90 days. *Amended 1/12/1994
LAKES AND WATERWAYS
Use of any of the lakes or waterways in any manner is limited to Association members and their guests. There shall be no swimming in the lakes or waterways of Golf Hammock A child under the age of 13 years must be accompanied by an adult when fishing or boating on the lakes and waterways of Golf Hammock.
*Amendment recorded January 12, 1994
GARAGE AND ESTATE SALES
Garage Sales: Individual or multi-family garage sales are prohibited in Golf Hammock.
A garage sale (also known as a yard sale, tag sale, moving sale and by many other names) is an informal event for the sale of used goods by private individuals.
Typically the goods in a garage sale are unwanted items from the household with its owners conducting the sale. The venue at which the sale is conducted is typically a garage; a driveway, carport, front yard or inside a house.
Golf Hammock Owners Association sponsors an annual local off-site garage sale. Generally the sale takes place in February and is held at Sebring Christian Church just west of the West Entry. Details are provided 45 days in advance of event via newsletter, shout out and advertisements.
Estate Sales: An estate sale or estate liquidation is a sale to dispose of a substantial portion of the materials owned by a person who is recently deceased or who must dispose of their personal property to facilitate a move.
To have an estate sale, the property owner/event coordinator must submit a completed Estate Sale Request form to the GHOA Board or Board designated reviewer for approval. The request should be submitted at least 2 weeks in advance of the desired date(s). The form must be completed by the property owner/event coordinator. A completed form and signature acknowledges the responsibilities/requirements to conduct an estate sale. After review by the Board/designated officer, the form will be returned with an approval/disapproved stamp and signature. The form is available via the web page (www.ghoaonline.com).
*Amended March 2018