Governing Documents

Maintenance and Use Provisions

ARTICLE IV - USE RESTRICTIONS

Section 4. 1 General.

The Property shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or Developer, including business offices, models, a sales office, or a resale office) as may more particularly be set forth in this Declaration. The Association, acting through its Board of Directors, shall have the standing and the power to enforce such standards. The Association, acting through its Board of Directors, shall have the authority to make and enforce standards and restrictions governing the uses of the Property, in addition to those contained herein, and to impose reasonable use fees for use of the Common Areas

(a) Accessory Structures. Dog houses, or structures of similar kind of nature shall not be permitted on any part of a Lot without approval by the Board. Dog houses and runs should be located so as not to be obtrusive. They should be painted to blend with their immediate surrounding or left to weather naturally. Landscaping will be required to soften the structures visually. Prefab, chain-link dog runs generally will not be approved unless screened by wood fencing or located in a heavily planted area and painted flat black or green. Tool sheds are not permitted on any Lot.

(b) Air Conditioning Units. Except as may be permitted by the Board or its designees, no window air conditioning units may be installed in any Unit.

(c) Animals and Pets. No animals, reptiles, livestock, wildlife, or poultry of any kind shall be raised, bred, or kept on any portion of the Property, except that dogs, cats, or other usual and common household pets may be permitted in a Unit. However, those pets which are permitted to roam free, or which, in the sole discretion of the Association, endanger the health and safety of the Owners and their Visitors, make objectionable noise, or constitute a nuisance or inconvenience to the Owners of other Units or the Owner of any portion of the Property shall be removed upon the request of the Board. If the Owner fails to honor such request, the pet may be removed by the Board. No pets shall be kept, bred or maintained for any commercial purpose. Household pets shall at all times, whenever they are outside the Owner's Unit (including the Lot), be confined on a leash held by a responsible person.

(d) Antennas. Satellite Dishes. Developer and/or the Association shall have the right, without obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna or cable system for the benefit of all or a portion of the Property. The Association shall also have the authority to promulgate rules and regulations governing the antennas and satellite dishes that owners may wish to install or erect, including rules which may restrict the location, placement and types of antennas and satellites. Such rules and regulations must be promulgated in accordance with all FCC regulations applicable.

(e) Artificial Vegetation, Exterior Decorations and Similar Items. No artificial vegetation shall be permitted on the exterior of any portion of the Property. Exterior decorations, including without limitation, sculptures, fountains, flags, and similar items must be approved in accordance with Article VI of this Declaration. Notwithstanding, the Association may not preclude the right to display one United States flag. However, the flag must be displayed in a respectful manner and may be subject to reasonable demands as to size, placement and safety as adopted by the Board.

(f) Clotheslines, Garbage Cans, Tanks, Etc. All rubbish, trash, and garbage shall be stored in appropriate containers with lids and regularly removed from the Property and shall not be allowed to accumulate thereon. All clotheslines, storage tanks, mechanical equipment, garbage can storage structures, and such other items shall be subject to approvals set forth in Article VI of this Declaration.

(g) Business Use. No trade or business may be conducted in or from any Unit, except that an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as:

             (1) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit;

             (2) the business activity conforms to all zoning requirements for the Property;

             (3) the business activity does not involve persons coming on the Property who do not reside in the Property or door-to-door                 solicitation of residents of the Property,

             (4) the primary purpose of the Unit is for residential purposes of Owner or family and guests only, and

     (5) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board.

The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (1) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Unit shall not be considered a trade or business within the meaning of this Section. This Section shall not apply to any activity conducted by the Developer with respect to its development and sale of the Property (including any resales) or its use of any Units which it owns within the Property, including the operation of a time-share or similar program.

(h) Decks. Decks should be located at the rear of the Units. The configuration, detail and railing design of a deck should relate harmoniously with the architectural style of the Unit. Wood decks must be constructed with rot-resistant wood and, in many cases, may be left to weather naturally. In some instances, the Board will require that the decks be stained to coordinate with the Neighborhood design or to help integrate the deck with the house. A skirt board must be constructed and landscape planting should be provided to screen structural elements and to soften the structure visually.

(i) Firearms. The discharge of firearms within the Property is prohibited. The term "firearms" includes B-B guns, pellet guns, and other firearms of all types, regardless of size.

(j) Maintenance of Premises. No weeds, underbrush, or other unsightly growth shall be permitted to grow or remain upon any Unit, and no refuse or unsightly objects shall be allowed to be placed or suffered to remain upon any Unit. All lawns, landscaping, sprinkler systems and any property, structure, improvement and appurtenance shall be kept in good, safe, clean, neat and attractive condition. Owners whose Lots back up to a lake bank will be responsible to maintain the property from their Lot line to the lake bank. Owners whose Lots back up to a buffer area will be responsible to maintain the property in the Buffer area behind their Lot. All Owners must maintain their front yards to the edge of the roadway asphalt, including any unpaved right-of-way. Upon the failure to maintain the premises as aforesaid to the satisfaction of Developer or Association and upon the Owner's failure to make such correction within fifteen (15) days after Developer or Association gives written notice of same, Developer or Association may enter upon such premises and make such improvements or corrections as may be necessary, the costs of which shall be paid by the Owner. In addition, Developer or Association may bring an action at law or in equity. Such entry by Developer or Association or its agents shall not be a trespass and by acceptance of deed for a Unit, such party has expressly given the Developer or Association the continuing permission to do so, which permission may not be revoked; provided, however, Developer or Association or its agents do not have to give written notice in the case of an emergency, in which event, Developer or Association may, without any prior notice, directly remedy the problem. If any Owner fails to make payment within fifteen (15) days after request to do so by Developer or Association, assessment for the payment requested shall be levied and enforced in accordance with the provision of Article 111 hereof.

(k) Nuisance. No portion of the Property shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition that will be obnoxious to the eye, nor shall any substance, thing, or material be kept upon any portion of the Property that will emit foul or obnoxious odors that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants or surrounding property. No noxious, illegal or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Property. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. No outside burning of wood,  leaves, trash, garbage or household refuse shall be permitted within the Property.*

             * Note: Firepit Guidelines were adopted by the Board of Directors. More information is available on the home page.

(I) Occupants Bound. All provisions and any of the community-wide standards of the Declaration, Bylaws, rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, or visitors of any Unit. Every Owner shall cause all occupants of his/her Unit to comply with the Declaration, Bylaws, rules and regulation and the community wide standard adopted pursuant thereto, and shall be responsible for all violations and losses to the

Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, Bylaws, rules and regulations and community wide standards adopted pursuant thereto.

(m) On-Site Fuel Storage. No on-site storage of gasoline or other fuels shall be permitted on any part of the Property except that up to five (5) gallons of fuel may be stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment. Notwithstanding this provision, underground fuel tanks for storage of heating fuel for dwellings, pools, gas grills and similar equipment may be permitted if approved in accordance with Article VI hereof.

(n) Parking. Vehicles shall be parked only in the garages or in the driveways serving the Units. No overnight on-street parking or parking on lawns shall be permitted.*

             * Note: Overnight Parking Restrictions were adopted by the Board of Directors in 2016. See parking page for more information.

(o) Playground, Play Equipment, Stroller. Etc. The Board may, but shall not be obligated to, permit swing sets and similar permanent playground equipment to be erected on Lots provided it is approved in accordance with Article VI hereof. Any playground or other play areas or equipment furnished by the Association or erected within the Property shall be used at the risk of the user, and the Association shall not be held liable to any Person for any claim, damage, or injury occurring thereon or related to use thereof. Tennis courts will not be permitted. Playhouses, if approved, must be placed in rear yard within set back lines and must be in scale with the size of the yard and consistent with Unit.

(p) Pools. No above-ground pools shall be erected, constructed or installed on any Lot except that above-ground spas and Jacuzzi may be permitted if approved in accordance with Article VI hereof.

(q) Prohibited Vehicles. Commercial vehicles, vehicles with commercial writing on their exteriors, vehicles primarily used or designed for commercial purposes, tractors, mobile homes, recreational vehicles, trailers (either with or without wheels), campers, camper trailers, boats and other watercraft, and boat trailers shall be parked only in enclosed garages. Stored vehicles and vehicles which are either obviously inoperable or do not have current operating licenses shall not be permitted on any Lot except within enclosed garages. For purposes hereof, a vehicle shall be considered "stored" if it is put up on blocks, or covered with a tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days without the prior approval of the Board. Notwithstanding the foregoing, service and delivery vehicles may be parked in the driveway of a Unit during daylight hours for such period of time as is reasonably necessary to provide service or make a delivery to the Unit. Any vehicle which is parked in violation of this Section 4.1 (r) or which is in violation of Section 4.1 (r) due to the type of vehicle may be towed by the Board of Directors.

(r) Sight Distance at Intersection. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem.

(s) Subdivision of Units and Time Sharing. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board of Directors of the Association. The Board may permit a division in Ownership of any Lot intended for a single family detached residence as shown on a Plat, but solely for the purpose of increasing the size of the adjacent Lot. In the event of a division in Ownership of any Lot, the owners among whom the Lot is divided shall be treated as Condominium-Owners of the divided Lot for purposes of voting and shall be jointly and severally liable for all Assessments against the Lot hereunder. Developer hereby expressly reserves the right to replat any Lot or Lots owned by Developer; provided such division boundary line change, or replatting is not in violation of the applicable zoning regulations. No Unit shall be made subject to any type of time share program, Ownership interval or similar program whereby the right to exclusive use of the Unit rotates among multiple Owners or members of the program on a fixed or floating time schedule over a period of years.

(t) Tents, Trailers and Temporary Structures. Except as may be permitted by the appropriate committee under Article VI hereof, during initial construction within the Property, no tent, utility shed, shack, trailer or other structure of a temporary nature shall be placed upon any Lot.

(u) Utility Lines. No overhead utility lines, including lines for cable television, shall be permitted within the Property, except of temporary lines as may be required during construction and high voltage lines if required by law or for safety purposes.

(v) Walls and Fences*. Except as otherwise permitted by the NCC or MC (as such terms are hereinafter defined) the following provisions shall apply to all walls and fencing on the Property. All walls and/or fencing must conform to the parameters as follows:

The location of all fences and walls must be approved by the NCC prior to installation. Decorative entry walls, entry gates, courtyard walls, and privacy walls surrounding and abutting pool decks are considered structures appurtenant to the residence and may be allowed within the building set-back.

Any and all walls and fences may not exceed an average height of six (6) feet exclusive of pillars or ornaments and shall in no instance exceed six (6) feet in height measured from the first floor finished floor elevation unless approved by the NCC or MC in writing.

             * Note:  Fencing Guidelines were adopted by the Board of Directors. More information is available on the home page.

(w) Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed In these areas. No Person, other than Developer or the Association, may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Developer hereby reserves for itself and the Association a perpetual easement across the Property for the purpose of altering drainage and water flow.

(x) Drainage Areas. For the purposes of this Declaration, "Drainage Areas" means those portions of the Common Areas designated as surface water management areas, drainage areas, basins, drainage easements, water management tracks, canals or canal easements (collectively "Drainage Areas") which are reflected on the Plat, and any amendments thereto, or are described in this Declaration, or otherwise designated by Developer as "Drainage Areas", and which shall be kept and maintained by the Association for irrigation, drainage, storm water retention and detention and beautification and for the installation, maintenance, construction or repair of utility facilities in a manner consistent with the original design thereof by Developer, and in accordance with the requirements of all applicable governmental authorities. The Drainage Areas are an integral part of a master drainage system which is for the benefit of the Subdivision. The Association shall maintain the Drainage Areas and master drainage system in a manner consistent with the original design thereof by Developer, and in accordance with the requirements of all applicable governmental authorities.

(y) Wetlands,Lakes and Ponds. Wetlands, lakes and ponds means those Common Areas so designated on the development plans submitted to Manatee County, this Declaration, the Plat, any addendum thereto, or otherwise designated by Developer and which are areas subjected to permanent or prolonged periods of inundation or saturation, or which exhibit vegetative communities or soil types characteristic of such hydro periods. The boundaries of wetlands, lakes and ponds shall be subject to accretion, reliction, or other natural changes. Wetlands, lakes and ponds shall be kept and maintained by the Association together with any adjacent shoreline in an ecologically sound condition for water retention drainage and water management purposes in compliance with all governmental requirements. Graded lakes shall be maintained with a productive littoral zone in compliance with governmental requirements.

No activity may be undertaken or performed in preserved wetlands, created wetlands, upland buffers to wetlands or upland preservation areas which are contained within the Preserve Area described on the recorded plat of Oakley Place Subdivision, if any, unless prior written approval is received from the Environmental Management Division of Manatee County, and the Southwest Florida Water Management District ("SWFWMD") pursuant to Chapter 40D-4, F.A.C. Prohibited activities within the Preserve Area, including preserved wetlands, created wetlands, upland preservation areas and upland buffers adjacent to wetlands include the removal of native vegetation; excavation; placing or dumping of soil, trash or land clearing debris; and construction or maintenance or any building, residence or structure.

The Lot Owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD, Sarasota Service Office, Surface Water Regulation Manager, and Environmental Management Division of Manatee County.

(z) Environmental Restrictions. Building in or filling of wetland areas shall be prohibited without an approved plan and permit from the Manatee County Environmental Management Division or such other department of Manatee County that has jurisdiction of the matter at that time and SWFWMD. The environmental restrictions established in this paragraph shall be enforceable by the Developer, the Association, Manatee County, or by SWFWMD and in the event any such enforcement action is commenced, the prevailing party shall be entitled to reimbursement from the opposing party for all Court costs and Attorneys' fees, including negotiation, investigation, trial and appellate proceedings.

No Owner of the property within the subdivision may construct or maintain any building, residence, or structure, or undertake or perform any activity in the maintenance easement or the grass swales described in the approved permit and recorded in plat of the subdivision, unless prior approval is received from the SWFWMD pursuant to Chapter 40D-4.

(aa) Windows, Doors, Awnings and Shutters. Unfinished aluminum, bright finished, or bright plated metal or exterior doors, windows, frames, screens, louvers, exterior trim or structural members shall not be permitted. Metal frames shall be either anodized or electrostatically painted, and be in harmony with the exterior color and texture of the residence. Wood frames must be painted, sealed or stained.

(bb) Sidewalks. Owners of Lots which are required to have sidewalks per subdivision construction plans approved by Manatee County Planning Department shall be required to construct those sidewalks on their Lots at their expense in accordance with subdivision construction plans approved by Manatee County Planning Department, upon completion of construction of a dwelling on the Lots or within three (3) years of final plat recording whichever shall occur first. If any Owner falls to construct sidewalks as required herein the Association may at its option and after ten (10) days written notice to the Owner of its intent to do so arrange for construction of the sidewalks on the Owner's Lot at Owner's expense and assess the cost to the Owner. The Association shall have the lien rights given for collection of assessments if Owner falls to pay such costs on demand and shall have the right to enter upon Owner's Lot and the exterior of any improvements to exercise its rights hereunder.

(cc) Roofs. Heavyweight dimensional shingles are a minimum requirement for all roofs. Cement tile is also an acceptable roofing material. Roof color should be an integral part of the exterior coloring of the residence. The proportions of the roof shall be consistent with the architectural style of the residence. The fascia and roof overhangs must be in proportion and blend with the rest of the residence.

(dd) Access. No Lot or parcel of lands shall be used for any purpose other than solely and exclusively for a single family residential dwelling unless Developer approves in writing the use of a Lot for a road. Provided, however, that in the event a single family residential dwelling is built upon a Lot, said Lot(s) shall no longer be considered to be used as a roadway. Said Lot(s) shall thereafter be used solely and exclusively for a single family residential dwelling.

(ee) Garages, Driveways. Each single family detached resident must have a private fully enclosed garage for not less than two or more than three cars. Conversion of any garage to living area shall be prohibited. Garages shall be attached and part of the main dwelling and in keeping with the architectural style of the residence. Carports are not permitted. Double garage doors should be a minimum of 16' in width and doors for individual stalls shall be a minimum of 8' in width. All garage doors must be in keeping with the architectural style and the materials used on the residence. All single family residences shall have a driveway of at least 16' in width at the property line. Finished concrete, patterned concrete, bominite pavers and integrated stone finishes are permitted. Other driveways may also be constructed of brick or interlocking pavers but must be of a stable and permanent construction. Asphalt, blacktop, stained concrete and epoxy bonded aggregate are prohibited.

(ff) Size of Residence. The living area of each residence shall contain a minimum of 1,500 square feet. Living area is defined as heated and or air conditioned areas and exclusive of garages, porches, patios and terraces.

(gg) Landscaping Local Residential Streets. Responsibility for installation and initial maintenance of street trees is the Developer's until such lots are sold, when responsibility is transferred to the Owners. Such trees shall be installed prior to a Certificate of Occupancy for each individual. NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED WITHOUT STREET TREES INSTALLED ON EACH LOT. The trees shall be spaced no closer together than twenty-five (25) feet, unless a decorative grouping or alternative method is chosen. Existing native trees should be used to fulfill these requirements wherever they meet the spacing and size requirements of this paragraph. A maximum of 40% of all required trees may be palm trees. Palm trees may be utilized, when grouped at least two (2) together to count as one (1) canopy tree. Each owner shall be responsible for the installation and maintenance of the landscaping.

Section 4.2 Leasing of Units.*

             * Note: A 24 month rental exclusion resolution and a leasing application process resolution were adopted by the Board of Directors. See the separate document attached to the full Governing Documents on the home page..

(a) Definition. "Leasing", for purposes of this Declaration, is defined as regular, exclusive occupancy of a Unit by any Person or Persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument.

(b) Leasing Provisions.

             (1) General. Units may be rented only in their entirety; no fraction or portion may be rented. There shall be no subleasing of Units or assignment of leases unless prior written approval is obtained from the Board of Directors. No transient tenants may be accommodated in a Unit. All leases shall be in writing, except with the prior written consent of the Board of Directors. No Unit may be subject to more than two (2) leases in any twelve (12) month period, regardless of the lease term. The Owner must make available to the lessee copies of the Documents.

             (2) Compliance with the Documents. Every Owner shall cause all occupants of his/her Unit to comply with the Documents, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be sanctioned for any violation of the documents. All lessees shall agree to comply with the Documents.

Section 4.3 Exculpations and Approvals.

Developer, the Association, and the NCC, the MC or any of their agents may grant, withhold or deny their consent, permission or approval in any instance when their consent, permission or approval is permitted or required at their sole discretion and without liability of any nature or kind to Owner or any other Person for any reason whatsoever and shall be indemnified and held harmless by such Owner or other Person from any and all damages resulting therefrom, including, but not limited to, Court costs and reasonable Attorneys' fees. Every consent, permission or approval by Developer, the Association, the NCC, the MC or their agents under this Declaration shall be in writing, and binding upon all Persons.

Section 4.4 Community-Wide Standards, Rules.

The Association, through the Board, shall have the right to promulgate and impose further Community-Wide Standards or any rules and regulations of the Association and thereafter to modify, alter, amend, rescind and augment any of the same with respect to the use, operation and enjoyment of all or a portion of the Property, the Common Areas, and any improvements located thereon.