COMMUNITY RULES FOR ARCHITECTURAL, MAINTENANCE AND USE RESTRICTIONS

Whereas Article V of the Declaration is not always clear as to its restrictions, the Board of Directors has adopted the following Community Rules to ensure consistent interpretation of this Restrictive Covenant.

1. Section 14 states, "Lawn furnishings such as bird baths, frog ponds, lawn sculpture, artificial plants, bird houses, rock gardens or similar types of accessories and lawn furnishings shall be placed on a location on the lot where it is least visible from Common Areas and from other lot owners’ property". The board has interpreted this to mean that no artificial object will be allowed to be placed on a lot where visible from the common area. On June 7, 2006, the board of directors established a moratorium on planters/urns. The board decided to temporarily allow planters/urns in exception to the above rule providing that such planters/urns contain living plants.
2. Article V, Section 9 of the Declaration is amended to read as follows: "Privacy walls are prohibited. Privacy fencing shall not exceed six (6) feet in height. Fencing, other than privacy fencing, shall not exceed four (4) feet in height. No fences or walls shall be allowed in front yards. All fencing must be approved by the Association prior to installation and shall not be in violation of County ordinances. In general, fences are not encouraged within Shaddock Estates. Hedges, berms, or other landscaping alternatives are preferred.".  All 4 feet or less in height fences can only be of white polypropylene or black chain link; all privacy fencing must be 6 feet and only made of white polypropylene.  All fencing in general, must be approved by the architectural committee.
3. Section 6 states, "All home sites shall have concrete paved driveways of stable permanent construction as a minimum, decorative drives will be allowed. All concrete driveways shall have a light broom finish and joints shall be provided to prevent surface cracking and be in accordance with Polk County specifications". The board has decided to allow driveway extensions (widenings) with the condition that these extensions are of the same color as the existing driveway.
4. Section 15 states, "No property owner shall erect, place or maintain outdoor clothes lines or exposed fuel tanks at his residence". Florida State Law, Chapter 163.04 prohibits the banning of any energy-saving device, including clotheslines. However, it does allow an association to regulate where such devices are installed providing that the regulated location does not impair the efficiency of that device. The board of directors has mandated that any clothesline must be placed on a location on the lot where it is least visible from Common Areas and from other lot owners’ property.
5. Section 14 states, "Lawn furnishings such as bird baths, frog ponds, lawn sculpture, artificial plants, bird houses, rock gardens or similar types of accessories and lawn furnishings shall be placed on a location on the lot where it is least visible from Common Areas and from other lot owners’ property". The board has determined that porch furniture would be allowed. The term porch is hereby defined as a roof structure extending six feet or more from an outside exterior wall". Any such structure extending less than six feet will be considered an overhang.

COMMUNITY RULES & PENALTIES FOR THE USE

OF THE COMMON AREAS

Whereas Article VII, Section 1 of the by-laws of Shaddock Estates states, "The Board of Directors shall have power to: a) adopt and publish rules and regulations governing the use of the Common Areas and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;" the following rules and penalties have been adopted:

1. All dogs and cats must be leashed when in the common areas and shall not be permitted to run loose. Violation of this rule will result in a fine of $25 per incident, levied against the member’s property.
2. All members and members’ guests must immediately remove all fecal matter left by their pets in the common areas. Furthermore, all members and their guests when walking their pets in the common area must have in their possession, items necessary for the clean up of pet fecal matter. Violation of this rule will result in a fine of $25 levied against the member’s property.
3. Garbage cans left in the common areas more than two days after garbage day will result in a fine of $25 levied against the member’s property.
4. Vehicles parked overnight in the street may be subject to being towed away at the owner’s expense. A minimum of one warning must be given to the member before any vehicle is towed. Parking overnight shall be defined as the activity of leaving a vehicle on a community street for any length of time at any time between the hours of 12 midnight and 6AM.

 

COMMUNITY RULES FOR RESIDENTIAL LANDSCAPING MAINTENANCE

 

Article V, Section 21, “Owner’s Obligation to Clean Lot”, page 10 of the Shaddock Estates Declaration of Covenants, Conditions, Easements and Restrictions requires that each lot be maintained “in a clean and sightly condition including the proper mowing, trimming and pruning of grass, weeds, trees, or other underbrush…” The Board of Directors has adopted the following Community Rules to ensure consistent interpretation of this Restrictive Covenant.

1.                 All landscaped areas shall be fertilized on a routine basis.  Evidence of adequate fertilization shall be healthy grass (a minimum of 3 inches tall) and healthy plants, shrubs, and trees.

2.                 The automatic irrigation system of each home shall be maintained in an operable condition and used on a routine basis to water all grass and landscaping areas.  Evidence of adequate watering is the presence of healthy grass (at least 3 inches tall) and healthy plants, shrubs and trees.

3.                 Where grass is planted, St. Augustine grass or better quality grass shall be used.  Grass shall be cut and edged on a routine basis.  Grass exceeding six (6) inches in height (10 inches as measured from the underlying ground) is in need of cutting.  Runners more than three (3) inches over any paved area indicate edging is required.

4.                 Landscaped beds shall be edged, mulched, and free of weeds. 

5.                 Landscaping shall be trimmed and shaped in an aesthetically pleasing manner.  Shrubs and hedges shall not be allowed to “grow wild”.  Shaping should blend with the house or other structures such as fences.  Landscaping should not obstruct windows and doorways.

6.          Properties comprising the retention pond must be maintained by the property owner and must conform to all SWFTMD standards and regulations.

7.              Hedges are limited to side yards and backyards.  They are not allowed in front yards.  Hedges must not exceed 4 feet in height and must be kept trim and neat at all times. 

 

COMMUNITY RULES FOR PROPERTY IMPROVEMENT

 

Article VII, Section 4, “Alterations, Additions, and Improvements of Residences”, page 13 of the Shaddock Estates Declaration of Covenants, Conditions, Easements and Restrictions requires that “No owner shall make any structural alterations, or shall undertake any exterior repainting or repairing of, or addition to his residence, including replanting, or other external attachments which would substantially alter the exterior appearance thereof, without the prior written approval of the plans and specifications therefore by the architectural committee.  The committee shall grant its approval only in the event the proposed work will benefit and enhance the entire subdivision in a manner generally consistent with the plan of development thereof. 

The Board of Directors has adopted the following Community Rules to ensure consistent interpretation of this Restrictive Covenant.

 

1.     Storm doors are allowed but they must match the front door in color.  Storm doors must be approved by the Architect committee.