Terms & Conditions

                       River Oaks (Ruskin, FL)

 

                          RULES AND REGULATIONS

**NO TENT CAMPING**

                All reasonable means have been taken to ensure that your residency is pleasant and enjoyable. Many of the Rules and Regulations are based on the requirements of state and federal law, and the remainder are to assist in the peaceful enjoyment of all residents.

 

                These Rules and Regulations (“Rules”) are intended to maintain the appearance standards and comfort of River Oaks RV Resort] (the “Community”) for you and your visitors. A copy of the Rules will be posted in the Community and must be observed by all Residents and guests. Residents shall require all persons on the mobile home lot with their consent to govern themselves in accordance with the Rules and in a manner that does not unreasonably disturb neighbors or constitute a breach of the peace.

 

                Note: the terms “home” or “Home” as used herein refers to both Community-owned homes and rental units, including RV units, as well as RV units which are privately owned by the Resident.

 

1.             RESIDENCY

 

                1.1          Any person applying for admittance as a Resident of the Community must fill out an application for residency and be interviewed by Community Management. All prospective residents must be approved by Community Management and must sign a rental agreement prior to beginning occupancy of a home currently in the Community or prior to moving a home into the Community. Community Management has the right to reject a prospective Resident for any reason not prohibited by law; however, approval may not be unreasonably withheld. Community Management will not approve a prospective Resident who provides false or misleading statements, whether orally or in writing, within the rental application or in any statement or document offered in support of a request for residency approval. Occupancy of a home or rental unit by any person who has not executed a Rental Agreement or obtained written consent from Community Management shall not constitute permission or right for that person or occupant to reside within the Community. An application for residency and background check must be completed and approved, a copy of the Rules and Regulations delivered, and a Rental Agreement signed, prior to residing in or occupying a home or rental unit within the Community.

 

                1.2          Community Management reserves the right to: (i) refuse residency to anyone who purchases or otherwise receives title to a home unless approved pursuant to paragraph 2.1; (ii) refuse to accept further rent payments and terminate the Rental Agreement of anyone who fails to comply with these Rules and Regulations (see rule re: Enforcement and Eviction, for further information); and (iii) refuse residency to any applicant for any reason not prohibited by law.

 

                1.3          Unless the home is sub-leased upon prior written permission of Community Management, the principal resident of each home in the Community must be its legal owner. Except as expressly provided by applicable State law, no one other than those executing the Rental Agreement shall be allowed to reside upon the lot set forth in the Rental Agreement without prior written consent from Community Management. Each additional occupant of the home must be approved for residency by Community Management, and the name of each person over the age of 18 must be listed in the Rental Agreement prior to residing in the home. Any increase in the number or exchange or substitution of persons in a home must have Community Management's prior written approval. Without prior written consent of Community Management, the mobile home may not be occupied by more than two (2) persons per bedroom, or the allowable number of persons based upon the design criteria of the home. Non-compliance in qualifying additional occupants will subject the Resident to eviction (see rule re: Enforcement and Eviction, for further information).

 

 

 

2.             ALL AGE COMMUNITY

 

                It is the specific policy and intent of this Community that it be operated for the use and benefit of persons of all ages.

 

3.             PAYMENTS, FEES, AND CHARGES

 

                3.1          Payments: Rent and additional rent must be paid in full. Timely payment in full is required; partial payments will not be accepted. Rent payments are due on the first (1st) day of each month and must be paid on or before the fifth (5th) day of the month. A Late Charge will be charged to any Resident whose rent is not received by Community Management (including mailed-in payments) on or before the fifth (5th) day of the month, as provided in the Rental Agreement.

 

                3.2          Payment shall be ONLY by one of the following payment methods: direct ACH draft from checking account, electronic payments from checking account through an online portal, cash pay (through paylease.com), or money order. The Community office will not accept payment by regular mail. Residents who elect to use an electronic payment method MUST provide Community Owner with a valid and regularly monitored email address and cell phone number to use such method. This email address shall be exclusively used to verify the identity of residents who have agreed to use electronic payment for paying their rent. Community Management reserves the right to refuse a personal check. All payments must be payable in U.S. funds drawn on a U.S. financial institution. Community Management reserves the right to refuse a personal check. All payments must be payable in U.S. funds drawn on a U.S. financial institution.

 

 

                3.3          For safety purposes, physical (using paper bills) cash payments are not accepted for any reason.

 

                3.4          Management shall have the right, but not the obligation, to offer Residents the ability to make rent payments hereunder pursuant to automated clearing house (ACH) debits or other electronic payment methods (collectively, "Electronic Payments"). If Resident has properly registered for Electronic Payments pursuant to Management’s, then current protocols authorizing Electronic Payments ("Electronic Payment Authorization"), then Resident hereby authorizes Management to initiate debit entries to Resident's approved checking and/or savings account(s), and to debit rent payments from such account(s) in accordance with the terms and conditions of the Electronic Payment Authorization form. The foregoing authorization shall remain in full force and effect until revoked in accordance with the terms and conditions of the Electronic Payment Authorization. Notwithstanding anything in these Rules and Regulations (including, without limitation, any Electronic Payment Authorization to the contrary), Resident acknowledges and agrees that Management's acceptance of any Electronic Payments shall not relieve Resident of its obligation to make timely payment of all rent due hereunder.

 

4.             SALE AND/OR REMOVAL OF HOME

 

                4.1          Home Owners have the right to sell their homes within the Community subject to the Community Owner's right of first refusal. The purchaser must, however, meet all requirements for residency prior to occupancy or the purchaser will be required to move the home from the Community (see rules re: Residency and Eviction).

 

                4.2          A Home Owner intending to make a bona fide sale of his/her home or any interest in it to a proposed purchaser intending to remain in the Community shall give to Community Owner notice of such intention, together with the name and address of the proposed purchaser and such other information concerning the proposed purchaser as Community Owner may reasonably require. Home owner shall provide to Community Owner a copy of the final executed sales contract. Home Owner may redact all financial information and social security numbers contained in the copy of the final executed sales contract before submission to Community Owner. Resident shall direct the proposed purchaser to Community Management for exchange of information, including the lot rental amount which will apply at the expiration of the seller’s lease term or at the time of sale. Within seven (7) days of transfer of title, change in financing of the home, or purchase of Home Owner’s home, a true copy of the legal registration showing title registered in the name of the purchaser and the name of the lienholder, if any, shall be provided to Community Management by Home Owner. This rule does not in any way diminish or affect the obligation of every purchaser of a home to seek and to obtain written approval by Community Management prior to the change in occupancy of the home if the proposed purchaser intends to become a resident of the Community.

 

                4.3          Prior to written approval of the purchaser for residency, Community Management will inspect the entire lot and exterior of the home to verify that it complies with all rules and regulations. The Home must meet all local code requirements, including but not limited to, electrical and plumbing. The inspection will include, but is not limited to, exterior maintenance, skirting, carports, awnings, attached structures, sheds, shrubs, trees and lawn care. Any infraction or deficiency must be repaired/upgraded. The seller and the purchaser must provide proof of completed repairs or written assurance to Community Management that any repairs or changes to the home will be made as necessary to bring the home into compliance with community standards as set forth in these Rules and Regulations, within a reasonable time frame as specified by Community Management in writing. Community Management has the right to deny approval of the proposed purchaser if such work is not done; however, approval may not be unreasonably withheld.

 

                4.4          Home Owner may display one “For Sale” sign, no larger than 12 inches by 16 inches, inside the home window. This sign may display only the words, “For Sale” or the equivalent plus an address or telephone number of the Resident, and the name of the broker, agent, or dealer where further information may be obtained. The display of any other commercial enterprise on the sign is prohibited. Due to safety and security considerations, any home offered for sale must be registered with Community Management before a sign is displayed. All outside realtors, brokers or service companies working in the Community must show proof of current licensure and proof of appropriate liability insurance before starting work. Those without such proof of insurance on file with Community Management will be stopped from performing work inside the Community until such proof of insurance is presented to Community Management.

 

                4.5          Community Owner requires that any home not meeting the Community’s established standards, as required by these Rules, or any home which is improperly maintained, be upgraded to improve the quality and appearance of the home. Failure to meet the Community’s requirements shall be a violation of these Rules.

 

                4.6          In the event Home Owner intends to move the home from the Community, written notice must be given to Community Management of that intent at least thirty (30) days prior to the moving date. Such move must be made between 8:00 a.m. and 5:00 p.m. so Community Management may have an inspector present. Only transporters of homes, properly licensed and authorized by governing authorities, are permitted to move homes into or out of the Community. Such transporters must provide Community Management with a security deposit of up to $500.00 and a certificate of general liability insurance in an amount of not less than five hundred thousand dollars ($500,000.00) to insure against personal injury and damage to property. Written permission from Community Owner is required prior to any move of a home either into or out of the Community. All current charges must be paid in full with Community Management.

 

                4.7          Any Home Owner who removes a home from the Community is responsible for any cleanup necessary, including removal of all trash, steps, broken concrete, planters, patios and footers, and any other discarded materials. Utility connections must be sealed, protected, and identified. The home site must be left in a clean and neat condition; it must be cleaned, cleared, and approved by Community Management. Home Owner is responsible for expenses incurred in restoring the site to a clean condition. Community Management shall provide written notice to Home Owner upon satisfactory completion of home site restoration. Home Owner’s obligation for payment of lot rental amount shall terminate as of the end of the lease term in effect at the time of removal of Home Owner’s home or at such time as agreed to in writing by Community Management.

 

                4.8          Community Management requires that each Resident comply with the requirements of all governmental agencies including, but not limited to, HUD, the department of motor vehicles or transportation, the State and the County in which the Community is located.

 

                4.9          Community Management and Community Owner assume no responsibility in the event that a dealer, bank or other secured party should opt to remove the home of a Resident from the Community, except for Community Management's failure to perform a duty or negligent performance of a duty as implied by law.

 

                4.10        Destruction of Home: Should the home be destroyed by fire, windstorm, water, an act of God, or by any other means, the Home Owner must remove the salvage from the home site within thirty (30) days from the date of such event, or from the date of mailing of written notice from Community Management to Home Owner to remove same, whichever is earlier, unless a longer period for removal is provided by applicable ordinance or law.

 

                4.11        Right of First Refusal for Individual Mobile Homes.

 

                                4.11.1     If Home Owner offers a home for sale, or if Home Owner receives a bona fide offer for the purchase of his or her home, Home Owner shall notify Community Management, in writing, of: (a) Home Owners' offer, identifying the price, terms and conditions of the offer made by the Home Owner, and (b) for any bona fide offer received from any third party (the "Third Party Offeror"), Home Owner shall identify the Third Party Offeror, provide a full and correct copy of the Third Party Offeror's offer, including the price, terms and all conditions of the offer and of copies of all documents comprising the offer. This notice to Community Management by Home Owner shall be referred to as the "Offer Notice". Community Management shall have three (3) business days to accept the price, terms and conditions of the Offer Notice by providing written notice of the acceptance to Home Owner. Upon delivery of a timely acceptance of the Offer Notice, the Parties shall cooperate in good faith to complete the sale of the home to the Community Owner. If Community Management fails to timely accept an Offer Notice served in full compliance with this rule, Home Owner shall be free at any time to sell the home to a party or parties other than Community Owner. If Home Owner thereafter elects to offer, or accept a Third Party Offeror's offer, for a sale of the home at a price lower than the price specified in his or her original Offer Notice, Home Owner shall provide written notice of the revised offer and a copy of the same (the "Revised Offer Notice") to Community Management and Community Management shall have an additional three (3) business days from receipt of the Revised Offer Notice to accept the revised offer. An Offer Notice or Revised Offer Notice to Community Management shall be promptly delivered to Community Owner. (Home Owner shall be entitled to a receipt for any Offer Notice or Revised Offer Notice delivered by hand delivery). Acceptance of an offer made in an Offer Notice or Revised Offer Notice by Community Management shall be by certified mail or recognized overnight delivery service, with a copy of the acceptance posted on the home. If an offer made or received by Home Owner does not include the appliances, fixtures or window coverings for the home, the Offer Notice or Revised Offer Notice shall clearly identify the items which are not included. Clear title and proof of ownership shall be conditions precedent to Community Owner's purchase of a home.

 

                                4.11.2     This rule is intended to enable Community Owner to retain homes in the Community, and thus to preserve occupancy and continued revenues. Community Owner's rights hereunder are unique, and are difficult or impossible to quantify.

 

                                4.11.3     Community Owner may record in the public records a memorandum of the rights granted by this rule. Community Owner may also give notice of its rights, by any manner or means to any third party, including, but not limited to, any Third Party Offeror, potential buyer(s), or individual(s) or entity(ies) involved in the sale, transport, or brokerage of mobile homes.

 

5.             SETUP OF HOMES

 

                5.1          The location and positioning of a non-Community owned home being placed on a lot will be carried out under the direction of Community Management. Community Management's written approval of the style and quality, size and type of all proposed additions or other improvements to Resident's home or lot installed by Resident is required and will be based on factors such as the size, location, and the proposed location of equipment, additions, or other improvements in relationship to other lots in the Community. Improvements such as sidewalks and utility connections which will be of use to Community residents or other occupants of the Lot after removal of the home, regardless of the size or dimensions of any other home or appurtenances thereto which may be placed, may not be removed, or modified without the prior written consent of Community Management.

 

                5.2          Responsibility for compliance with applicable zoning or code provisions shall be that of Resident(s). Only new homes (never previously occupied) and used homes which have been approved in advance in writing by Community Management as acceptable for location within the Community will be allowed in the Community. A plot plan showing the location of the home, accessory buildings, and any improvements existing and proposed to the home or lot shall be submitted to Community Owner. Written approval from Community Owner is required prior to the commencement of any work. All persons involved with the move in and set up of the home must have adequate general liability and worker’s compensation insurance. All liability associated with the move-in shall be the responsibility of Resident.

 

                5.3          Homes must be placed in a uniform manner, properly blocked, set and all utilities connected in accordance with the applicable local, city or county code and/or regulations and with Community Management’s specifications. Homes must be anchored immediately, as required by governmental regulations.

 

                5.4          All of the materials utilized in connection with the erection and completion of the home as contained within these Rules shall be of a quality, type, style, color and pattern approved in advance in writing by Community Management. Community Management shall have approval rights over the manner of installation or attachment of the home and of any accessory structures, and all installation and construction shall be consistent and compatible with other homes in the Community. All installations shall comply with federal, State and local laws, codes and regulations, and shall comply with all standards referenced within these Rules and the Lease Agreement.

 

                5.5          Resident agrees that the following standards and requirements shall be met and completed, if required by Community Owner or by applicable ordinance or law. If applicable, such standards and/or requirements must be completed under a building permit issued by the city or county building department or other applicable local agency and approved by Community Management:

 

                                5.5.1       All homes being placed in the Community by Residents beginning a new tenancy in the Community must have removable hitches which shall be removed upon anchoring, and older homes moved into the Community after the effective date of these Rules that do not have hitches that are designed to be removed, shall nonetheless be removed and the gap area restored.

 

                                5.5.2       All homes entering the Community must be skirted on all sides with decorative concrete block, aluminum, vinyl, or other materials and in colors or styles approved by Community Management. Skirting must be completed within 30 days of delivery of the home in the Community and must be maintained regularly to insure a uniform and attractive Community. If the present skirting is destroyed by windstorm, an act of God, or by any other means, or substantially replaced, replacement skirting must be of the approved type. All skirting must be of a color consistent with the color of the home.

 

                                5.5.3       Entry steps approved by Community Management must be installed on all homes being placed in the Community by Residents beginning a new tenancy in the Community, and on existing homes in the Community if required by code requirements, at all entrances to the home. All steps (both front and back door) on such new homes and on existing homes were required by local code requirements, must have an adequate handrail running the entire length of the steps.

 

                                5.5.4       Residents must install a fully sodded lawn according to a Management-approved landscaping plan.

 

                                5.5.5       Community Management may require, if applicable and in its sole discretion, central air conditioning to be installed on all homes being placed in the Community by Residents beginning a new tenancy in the Community. No air conditioning or heating unit shall be newly installed in the front window or front wall of any home, or any wall facing a street. Central air conditioner compressors must be placed on a cement slab. Existing window units must be securely and attractively braced to the home.

 

                                5.5.6       Utility sheds, if installed, must be constructed of sturdy vinyl, aluminum, painted sheet metal or other finished siding material approved by Community Management prior to installation and must be anchored on a poured concrete slab or an approved sturdy wooden platform. Sheds may not be newly erected or reinstalled on a patio slab or driveway and can be no larger than 10’ x 10’ or 12’ x 12’. The center line of the roof of the shed cannot be higher than the home. Wherever required, a permit must be obtained from the local city or county building department and from Community Management before installation. Sheds shall be in the back of the home but may not be installed in a location bordered by a street. Only one shed per lot is allowed and sheds are prohibited from being equipped or tied-in with utilities such as electricity and water, unless prior written approval from Community Management is obtained as to the number of sheds and utility tie-in. Residents may not live or sleep in utility sheds.

 

                                5.5.7       Residents must secure their street numbers and/or home lot numbers on the front of the home, placed consistently with surrounding homes as required by local emergency services.

 

                                5.5.8       Window coverings visible from the street shall be limited to blinds, shutters, drapes, curtains or similar standard window treatments. Bed sheets, mattresses, blankets, aluminum foil or similar items are prohibited from being used as a window covering or shade device.

 

                                5.5.9       No appliances, including but not limited to washers, dryers, and refrigerators, may be placed outside the home.

 

                5.6          The use of gas appliances for home heating is permitted; however, Resident shall give written notice to Community Management at least 7 days in advance of any installation of such appliances and shall provide documentation of installation by a licensed and insured contractor to Community Management upon completion of same. Propane tanks for use in outdoor grills or similar devices are not permitted in any area directly visible to any street.

 

                5.7          Exceptions. Management reserves the exclusive, unrestricted right to grant exceptions to the referenced Resident required improvements due to space limitations, design considerations, etc., in cases where the intent of the requirement is met but not the specific requirement, or in such other circumstances where the exception will not disturb the quiet enjoyment of the Community by other residents or when the basis for the variance is deemed sufficient in the discretion of management.

 

6.             MAINTENANCE OF HOMES

 

                6.1          Residents who commence occupancy in the Community must meet community standards, as disclosed in these Rules and Regulations. Community Management is in the continual process of maintaining these Community standards and reserves the right to require Residents to comply with the Community standards, as set forth in these Rules and Regulations, in effect at the time of the Resident’s entrance into the Community. These requirements may be modified by Community Management due to space limitations, design considerations, or other reasons as may be sufficient in the sole discretion of Community Management. Alterations or modifications to a homemade in violation of these rules and regulations must be removed or replaced.

 

                6.2          All homes and applicable buildings must be maintained in compliance with all municipal, county and State housing and health codes. In the event any governmental agency shall impose a fine for failure of the Resident to comply with the same, Resident shall be responsible for payment; and, in the event the Community pays the fine, Resident shall promptly reimburse Community Owner for the payment made on Resident’s behalf.

 

                6.3          Maintenance: All homes, carports, sheds, or any other items placed on a lot by Resident, must be maintained in a clean and orderly manner and in good repair. Residents must immediately repair any water leaks in or from pipes or fixtures in, on or under the home up to the point where such systems connect to the Community lines at Resident’s lot. The exterior surfaces of the home including the eaves and trim shall be kept free of mildew, dirt, grime, or discoloration. Homes must be washed at least annually. Peeling, fading, or damaged exterior surfaces, and broken windows, doors, and screens must be restored and repaired to the condition of a well-maintained home in the Community. Damaged areas or poorly painted areas of the home and accessory buildings must be repaired or repainted. Community Management reserves the right to require Resident to perform repairs, repainting or other maintenance that is needed to maintain community standards as set forth in these Rules and Regulations.

 

                6.4          Parking Area: Where (and if) the Community has provided a paved parking area on the lot, Resident is responsible for maintaining this paved area and keeping it in a state of cleanliness and repair. If damaged by Resident or guest(s) during the tenancy, Resident must repair same. This obligation includes any oil spill or leak.

 

                6.5          Exterior Surfaces: As the appearance of the home ages, or is damaged or otherwise altered in appearance, if deemed necessary or appropriate by Community Owner, housing or health code enforcement personnel, the home shall be modified to be brought to the state of cleanliness and repair of a well-maintained home, and free from mold and mildew. While homes may not be required to be brought to an overall “as new” condition, repairs and maintenance may be required to replace damaged, dilapidated, peeling, faded, or discolored components of the home visible from the street or from an adjacent home including resurfacing, re-siding, re-roofing, lap-siding or similar modifications.

 

                6.6          All exterior materials used in upgrading must be approved in writing by Community Management prior to their use on the home. The materials used should be consistent with the types of materials used on well-maintained homes in the Community.

 

                6.7          Alterations/Additions: Residents are encouraged to upgrade their homes. To ensure that individual actions are aesthetically compatible with other homes in the Community and in accordance with community standards as set forth in these Rules and Regulations, all improvements, additions, and alterations, including but not limited to replacement of existing porches, concrete slabs, carports, screened-in areas, awnings, skirting, steps, walkways, utility buildings, and similar items and the location of air conditioning units, must be approved in writing by Community Management prior to commencement of work.

 

                                6.7.1       No change may be made to the color of the exterior of the home or any portion thereof without prior written permission of Management. A sample of the proposed new color(s) must be shown to and approved by Management prior to repainting.

 

                                6.7.2       Each resident is responsible for the submission of complete plans or permits for anticipated alterations showing compliance with community standards as set forth in these Rules and Regulations, county building and zoning codes, and other restrictions of record.

 

                                6.7.3       If electrical, mechanical, or plumbing is upgraded, whether to accommodate appliances or improvements of any type, such upgraded service shall be at the sole expense of Resident.

 

                                6.7.4       Approval is necessary to protect the underground utilities, continuity of Community appearance, and the safety of Community Residents. In addition to all other remedies available to it, Community Management may require Resident to remove any unapproved construction or addition.

 

                                6.7.5       Resident shall consult Community Management before doing any digging, as certain utility and service connections are underground and Resident shall call for any required utility location. Cost of repairs for damaged underground services will be assessed to the Resident who damages any underground service.

 

                                6.7.6       All improvements must be completed within thirty (30) days of approval by Community Management. For additional information on community standards, please see Rule, “Setup: New or Resales.”

 

7.             LOT CARE

 

                It shall be the responsibility of Resident to ensure that the lot is properly maintained. All lots must be maintained in compliance with all municipal, county and State building, housing, and health codes. In the event any governmental agency shall impose a fine for failure of Resident to comply with the same, Resident shall be responsible for payment; and, in the event the Community pays the fine, Resident shall promptly reimburse Community Owner for the payment made on Resident’s behalf.

 

                7.1          Alterations: Any alterations or modifications to a lot, including but not limited to attachments, driveways, plants, trees, landscaping, or to the RV unit itself, must have the written consent of Community Management prior to commencement of work. Each Resident is responsible for the submission of complete plans or permits for anticipated alterations showing compliance with community standards as set forth in these Rules and Regulations, county building and zoning codes, and other restrictions of record. Alterations or modifications to a lot made in violation of these rules and regulations must be removed or replaced to comply with community standards as set forth in these rules and regulations, at Resident’s expense.

 

                7.2          Maintenance: Resident is responsible for the overall appearance of the lot. The lot must be kept clean, orderly, and free of litter and debris. Residents must maintain lawn, landscaping, trees, and shrubbery thereon including mowing, trimming, edging, weeding, watering, and the general care thereof. If, after proper notice and an opportunity to take corrective action, Resident fails to properly maintain the lot to community standards as set forth in these Rules and Regulations, then Community Management may have the necessary work performed. The Community is not responsible for damage to homes or lots resulting from acts of nature.

 

                                7.2.1       Sod: Resident must trim and edge along the sides of the home, walkways, driveways and streets before they become unsightly and overgrown. Generally, this means mowing when the lawn reaches approximately three inches (3") in height. The object is to keep the Resident’s lawns and the Community looking neat. Grass sod which has been damaged or destroyed by neglect, disease, insects, lack of water, vehicular traffic, or through other fault of the Resident, must be repaired or replaced at Resident’s expense. If, in the opinion of Community Management, all or part of Resident’s lawn needs to be re-sodded, Resident will receive written notice from Community Management to complete this repair at Resident’s expense.

 

                                7.2.2       Trees and Shrubs: Trees and shrubs which are on the Resident’s lot, and which are destroyed or damaged by high winds, by any act of nature, by disease, or in any other way, must be removed by Resident as part of the required lot maintenance; this includes dead trees and shrubs. Trees must be trimmed to maintain a minimum clearance of four (4) feet from foliage to ground. Residents must pick and dispose of fruit dropped from trees, remove dead or diseased plants, shrubs, or trees. Lot maintenance which is to be performed by Resident includes fallen tree or limb removal, limb trimming, fertilizing, root trimming or removal, leaf raking and removal and repair or treatment of damage, disease, or infestation from lawn pests. For purposes of this rule, any tree the trunk of which is entirely within the boundary of Resident's lot, is "on the lot." Any tree, the trunk of which is on a boundary line of Resident's lot, is the shared responsibility of the adjacent Resident (if the trunk is located on a shared boundary line between two lots) or of the Community Owner (if the trunk is on a boundary line separating Resident's lot from a common area of the Community or from an unoccupied lot). Any tree, plant, bush, shrubbery, or other similar or related item must receive prior written approval of Community Management prior to being planted or grown in the Community, including anywhere between or around Residents’ lots. Items planted without Management’s advance written approval will be subject to removal at Resident’s expense and at Management’s discretion. Bamboo is strictly prohibited from being planted or placed anywhere in the Community, including on Residents’ homesites.

 

                                7.2.3       Vegetable Gardens: Vegetable gardens are prohibited on the home site except where prior written approval from Community Management has been obtained.

 

                                7.2.4.      Potted Plants and String Lights: No more than a maximum of two (2) potted plants are permitted at each homesite in the Community. Additional potted plants above the two-plant limit require advance written approval of Community Management. String lights may not be displayed or set up anywhere in the Community without advance written approval of Community Management.

 

                                7.2.5.      Barriers: Barriers of any kind, including but not limited to any plantings, walls, or any other similar or related items, especially those that obstruct views of any areas between lots and/or roads in the Community, are strictly prohibited and shall not be constructed by the Resident or placed anywhere on the homesite. Management reserves the right to determine, in its sole discretion, what constitutes a “barrier” in conformance with this rule.

 

                                7.2.6       Absences: Residents who are going to be absent from the Community for more than 2 weeks must notify Community Management as to what arrangements have been made for the necessary grounds care. Community Management reserves the right to do the necessary work at Resident’s expense so that the lot will meet these, Rules.

 

                                7.2.7       Watering: Sprinklers and hoses shall not be left running unattended. Excessive watering which causes draining into streets, carports, under homes or adjacent home sites, or otherwise causes run-off from Resident’s lot/home site is not permitted. Community Management may enter a home site and turn off the water in these instances to protect the Community. Automatic lawn sprinkler systems must be approved by Community Management prior to installation and must be constructed in accordance with applicable government regulations after permits are obtained. Restricted watering days and/or hours may be required in compliance with directives from governing authorities; if so, such requirements will be posted in the Community and must be strictly observed.

 

                                7.2.8       Ditches: Those Residents whose lots are adjacent to drainage ditches are required to maintain the space up to the banks of said ditches to prevent unsightliness. Likewise, there shall be no dumping of leaves, clippings, or other debris into the ditch by anyone. If any trash is dumped by the Resident in such areas adjacent to Resident’s lot, it must be removed at the Resident’s expense.

 

                7.3          Laundry Lines: Only removable umbrella or reel-type laundry lines will be approved and must be placed at the rear of the home. Laundry lines must be taken down daily and properly stored between uses. Pole location must be approved in writing by Community Management prior to installation to avoid damage to underground utilities. Lines for hanging clothes outside and lines strung between trees or on carport supports will not be permitted. No one is permitted to hang towels, rugs, rags, apparel, or any other such items on the home or on any other device on the home site, excepting the approved laundry line.

 

                7.4          Solar Energy Devices: All solar energy devices (including solar powered devices and solar panels) must be approved by Community Management in writing prior to installation and must be constructed and installed in accordance with applicable state and local regulations and shall be installed only after all required permits, if any, are obtained.

 

                7.5          Fencing: Approved fences must be constructed of uniform materials and in such a manner that the fences remain straight and plumb. Finished fences must appear to have been professionally installed and constructed. It is the sole responsibility of the Resident to provide proof of previous approval and date of installation. Any fence installed after January 1, 2022, without prior written permission of Community Management must be removed; failure to do so may result in eviction of the Resident. It is the sole responsibility of the Resident to provide proof of previous approval and date of installation.

 

                The only fences that shall remain, as approved in writing prior to January 1, 2022, are the fences that create a complete enclosure including a locking entry gate. Further, the maximum height of any fence shall not exceed four (4) feet. Any fence must allow for unrestricted access to and from the lot for purposes of maintenance and repair services. All fences must have at least fifty (50) percent visibility. No fence can be closer than four (4) feet from any road.  If a sidewalk exists, no fence can be closer than one (1) foot from the sidewalk. All fences must be properly maintained, or they may be subject to removal. Community Owner reserves the right to require the repair, repainting, or removal of any fence deemed by Community Owner to be unsafe or unsightly. No unconnected fencing of any type, nor any raised structure or divider of any type of the purpose of which is to divide, separate or distinguish one lot or area of a lot from another shall be allowed.

 

                All fencing on a home site must be removed prior to the sale of the home to ensure that prospective buyers have a clear understanding that no fence does or may exist on the home lot.  When any fence is removed from the lot, the lawn area must be repaired and restored to the condition that existed prior to the fence being erected. Any fence must allow for unrestricted access to and from the lot for purposes of maintenance and repair services.

 

                7.6          Antennas: No antennas or outdoor reception devices shall in any way be attached to or protruding from any home or home site, except small DBS satellite dishes less than one meter in diameter (39 inches) and broadcast TV antennas (over-the-air and multichannel multipoint antennas). All other outdoor reception devices are prohibited. Further, any equipment that interferes with neighboring reception is prohibited. Prior written permission from Community Management must be obtained before installation of any kind of approved outdoor reception device (DBS satellite dish or broadcast TV antenna) to ensure that the device is located in conformance with the aesthetic standards of the Community.

 

                                7.6.1       To maintain an attractive community, satellite dishes or broadcast TV antennas must be installed in an inconspicuous location on the rear of the home or in a location that is not visible from the street. If such placement sufficiently impairs the quality of reception, the dish or antenna may be installed on the home or home site in the most inconspicuous location possible and must be attractively landscaped and shielded from view to the greatest extent feasible. However, due to concerns over possible damage to underground utilities, prior written approval from Community Management is required for the placement of a satellite dish or broadcast TV antenna on the home site. Residents are prohibited from installing satellite dishes or broadcast TV antennas outside Resident’s home site.

 

                                7.6.2       Due to safety concerns posed by winds and the risk of falling outdoor reception devices and masts, these items together may only be as high as required to receive acceptable quality signals and no reception device and mast may be installed that would extend higher than 12 feet above a roofline. Additionally, approved outdoor reception devices shall not be installed nearer to a home site boundary than the combined height of the mast and reception device. Resident is responsible for the maintenance of the outdoor reception device and is liable for all injuries, losses or other damages to any person or property caused by the installation, maintenance, or use of the reception device.

 

                7.7          Posts, Poles, and Stakes: No posts, poles, stakes, or the like are to be driven into the ground or around the perimeter of the home site without prior written approval of Community Management due to the danger of interfering with or damaging underground utilities. Residents will be liable for any expense incurred by the Community resulting from violation of this Rule.

 

                7.8          Outdoor Equipment:

 

                                7.8.1       No outdoor equipment, including but not limited to, weight benches, trampolines, outdoor exercise equipment or other outdoor recreational equipment, major appliances, hot tubs and similar personal property or improvements, are permitted on the residential lot. No newly installed swing sets are allowed on the residential lot; existing swing sets may not be replaced.

 

                                7.8.2       Basketball hoops (either portable or stationary) may be permitted if prior written approval is received before installation, installation is done in a manner that is safe and does not disrupt the privacy of neighbors, the equipment is well maintained, and the Resident does not allow use except under Resident’s supervision. Basketball hoops may not be set up on or near the street and must be located at the rear of the driveway. However, if the Community offers a basketball court as an amenity in the future, then basketball hoops are prohibited from being installed or located on the residential lot.

 

                                7.8.3       Swimming pools, lap pools, hot tubs, spas, saunas, water gardens, water fountains, or any similar personal property or improvements are prohibited, except for temporary “toddler” wading pools that are less than 5 feet in diameter and no more than 6 inches deep. Said approved “toddler” pools must be emptied and stored away in an acceptable location following each and every use and may never be left unattended while containing any amount of water.

 

                                7.8.4       No outdoor fireplaces, fire pits, chimeneas, fire bowls, oil lamps, lanterns, or outdoor heaters of any kind are allowed. Barbeque gas grills, charcoal grills, and smokers used for outdoor cooking are allowed.

 

                                7.8.5       Resident hereby indemnifies and holds harmless Community Owner, its affiliates and its and their officers, directors, employees, assigns and agents with respect to any claims, damages, loss or cause of action arising from the use of any allowable outdoor equipment.

 

                                7.8.6       The use of outdoor recreation equipment is subject to noise restrictions. (See rule re: Resident and Guest Conduct for further information.)

 

                7.9          Outdoor Signage and Flags: Resident may not post “Beware of Dog” or “No Trespassing” type signs at the residential lot or on the home or in the windows of the home. Political flags and/or political signs of any kind are also prohibited. Residents may display one portable, removable United States flag or official flag of the State of Florida, not larger than 4½ feet by 6 feet, in a respectful manner in or on their home. Residents may also display one portable, removable official flag, not larger than 4½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag in a respectful manner in or on their home. No other flags may be displayed on the home or in the yard.

 

                7.10        Storage: Lawn care equipment, tools, toys, and other equipment must be stored out of sight in a neat and orderly manner when not in use. No articles are to be stored in a visible location outside, on, or beneath the home, the deck, stoop, screened room, or patio.

 

                7.11        Furniture: Only furniture specifically designed for outside use is allowed outside the home. Patio furniture and grills must be placed adjacent to the home when not in use. Any temporary structures such as portable carport covers, tents and party tents, canopies, pergolas, pavilions, or other similar structures are prohibited from being permanently installed on the residential lot and must be taken down daily after use and properly stored.

 

                7.12        Temporary Structures. Temporary structures such as pop-up carports, garages or sheds are not permitted.

 

                7.13        Trespass: Community Owner considers each lot of space within the Commun