LAKE DEESON POINTE PROPERTY OWNERS ASSOCIATION, INC.
AMENDED AND RESTATED DECLARATION OF COVENANTS
RESTRICTIONS, LIMITATIONS AND CONDITIONS
THIS AMENDED AND RESTATED DECLARATION by Lake Deeson Pointe Property Owners Association, Inc., a Florida corporation not-for-profit (hereinafter the "Association").
WHEREAS, the Association is entitled to enforce, amend or take such other actions regarding all previously recorded Declarations, to wit:
Declaration of Covenants, Restrictions, Limitations and Conditions recorded in Official Records Book 2374, Page 1137, public records of Polk County, Florida, together with Amendment to Declaration of Covenants, Restrictions, Limitations and Conditions for Lake Deeson Pointe, recorded in Official Records Book 3591, Page 1877, public records of Polk County, Florida; and Declaration of Covenants, Restrictions, Limitations and Conditions recorded in Official Records Book 3024, Page 0790, public records of Polk County, Florida, together with
Amendment to Declaration of Covenants, Restrictions, Limitations and Conditions for Lake Deeson Pointe Addition, recorded in Official Records Book 3334, Page 2221, public records of Polk County, Florida, and Second Amendment to Declarations of Covenants, Restrictions,
Limitations and Conditions for Lake Deeson Pointe Addition, recorded in Official Records Book 3591, Page 1906, public records of Polk County, Florida; and Declaration of Covenants, Restrictions, Limitations and Conditions recorded in Official Records Book 3391, Page 1442, public records of Polk County, Florida, together with Amendment to Declaration of Covenants, Restrictions, Limitations and Conditions for Lake Deeson Pointe 2nd Addition, recorded in Official Records Book 4165, Page 0574, public records of Polk County, Florida, and Second Amendment to Declarations of Covenants, Restrictions, Limitations and Conditions for Lake Deeson Pointe 2nd Addition, recorded in
Official Records Book 4165, Page 0578, public records of Polk County, Florida by proper vote and/or corporate action as the above Declarations pertain to the following described real property located in Polk County, Florida, to wit:
Lots 3 through 42, inclusive, LAKE DEESON POINTE, according to the plat thereof recorded in Plat Book 79, Page 49, public records of Polk County, Florida.
Lots 1 through 17, inclusive, LAKE DEESON POINTE ADDITION, according to the plat thereof recorded in Plat Book 92, Page 29, public records of Polk County, Florida.
Lots 45 through 54, inclusive, LAKE DEESON POINTE 2NDADDITION, according to the plat thereof recorded in Plat Book 96, Page 31, public records of Polk County, Florida.
INSTR # 200626337E '. r POLK COUNTY
BK 07032 PGS 0830-0890 PG(s)bbl. RECORDING FEES 520.00
R~CORDED 10/30/200~ 01:23:24 PM RECORDED BY S Wetzel
RICHARD M WEISS, CLERK OF COURT
Clarifications proposed and approved by the Lake Deeson Pointe Property Owners Association, 9/13/2022;
AND WHEREAS, the owners of the following described real properties located in Polk
County, Florida, consent to be bound by the restrictive covenants and conditions set forth herein:
Unplatted Parcel B, which is the real property described in the instrument recorded in Official Records Book 2936, Page 1848, public records of Polk County, Florida (1271 Lake Deeson Pointe).
Unplatted Parcel C, which, is the real property described in the instrument recorded in Official Records Book 3156, Page 0372, public records of Polk County, Florida (1283 Lake Deeson Pointe).
All of the foregoing real properties shall be hereinafter collectively referred to as the "Property". Consents of the relevant and affected homeowners are attached hereto and incorporated by reference.
NOW, THEREFORE, the following restrictive covenants and conditions are hereby
imposed upon each of the lots into which the Property has been subdivided, which restrictive
covenants and conditions shall be deemed covenants running with the land.
RESIDENTIAL NATURE OF LOTS:
1. Each lot shall be used expressly and exclusively for single family, private residence purposes and no more than (1) dwelling house shall be located on any one lot.
2. No business activity shall be conducted or carried on in connection with the residential usage of any lot. No signs of any character my be exhibited or displayed upon any lot save for the purpose of advertising said property for sale and subject signs may not exceed five (5) square feet in total display area. Only one (1) sign may be used to indicate the name and address of the owner or occupant of any residence and said may not exceed one (1) square foot in total display area.
2a. Pursuant to this, all homeowners must have resided in their homes for no less than two years before they may lease their homes. Residency in said homes is defined as living in said home full time, as opposed to keeping a home elsewhere and using this residence as anything other than a full time residence (eg. winter home, weekend home, corporate residence, third party lease).
3. No new dwelling house completed after these Amended and Restated Declarations have been recorded in the public records of Polk County, Florida, shall contain less than 2500 square feet of enclosed living area exclusive of a basement, screened-in
porch, garage or breezeways and covered porches. No dwelling house shall be more than two (2) stories in height in addition to a basement; however, the limitation of two (2) stories in height shall not be construed to prohibit a tri-level dwelling house, but any two-story, split level dwelling house shall have an enclosed living area of not less than 2700 square feet exclusive of a basement, screened-in porch, garage or
breezeways and covered porches. The enclosed living areas as described above shall be measured by outside dimension. In determining what shall be considered living area, the living area shall be any portion of the completed dwelling that has the same type and quality of finished materials as the remainder of the living area. Additionally, each dwelling house shall have architectural shingles. Exceptions to the above minimum square footage may be approved by the Association in the following manner and upon the following conditions:
Such plans must contain substantial quality improvement not normally expected in house plans considered for approval in this subdivision. The following are considered substantial quality improvements:
(a) an 8/12 or greater roof pitch; and
(b) a total area under roof that is 3500 or more square feet under roof.
All such approvals by the Association shall be in writing and notarized, and shall be recorded in the public records of Polk County, Florida. Such approval will be for a specific set of plans on a specific lot.
4. All construction on each lot shall be new construction, no used building or structures shall be moved onto any lot; nor shall there be any storage of building supplies or any lot unless used in immediate construction. It is the intention of these restrictions that any and all buildings or structures on any of the said lots shall be constructed thereon. Construction of a new dwelling house shall be complete within one (l) year of the commencement of such construction, and any remodeling or renovation of an existing dwelling house shall be complete within six (6) months of the commencement of such remodeling or renovation. The Association, in its reasonable discretion, may approve deviations from the time periods set forth in the preceding sentence, and such approvals by the Association shall be in writing.
5. The Association shall approve in writing prior to construction, the plans, specifications and plot plan of all buildings placed on any lot and may approve the placement of prefabricated or modular buildings, but no homes will be approved which are not in character with existing homes. No log cabins and no concrete block houses that are not covered by stucco, brick, wood siding or other decorative material
will be approved. No houses with a roof pitch of less that 6/12 will be allowed unless approved in writing by the Association. No homes (including, but not limited to, soffit, fascia, trim and shutters on a home), fences, accessory structures (including, but not limited to, docks) or outbuildings may be painted or re-painted an exterior color which has not been previously approved by the Association without a separate
approval by the Association in writing.
6. No lot, or home site, made up of several partial lots shall have less square footage than the smallest, divided, platted lot as recorded.
GARAGES:
7. Each single family dwelling house shall have at least a two-car enclosed garage. No vehicles, trucks, boats, recreational type vehicles or trailers of any kind or sort shall be kept on the premises unless they are housed in a permanent structure consistent
with the architecture of the main house or shall be so situated as not to be visible from the street or any other lot. Notwithstanding the foregoing, boats and recreational type vehicles may be kept for a maximum of three (3) days at a time in a side yard only, and solely for the purposes of cleaning, loading and/or unloading, and thereafter must be housed as previously set forth herein. This restriction shall not
apply to passenger automobiles, vans or pickup trucks. All garages that have their openings facing the street shall be equipped with an electronic automatic door opener, and said door opener shall be kept in good working order at all times. No outside storage of any kind shall be permitted unless the stored items are not visible from the street or any other lot.
OUTBUILDINGS:
8. No tent, garage, outbuilding or attachment shall be erected on any lot prior to the construction of the main dwelling house. Every garage, outbuilding or attachment shall be of the same kind of materials and construction as the main dwelling house, with which they shall conform architecturally, and shall be maintained in good repair. None of the above, (tent, garage, or outbuilding) erected on any lot, shall be used as a residence, either temporary or permanent. All outbuildings or additions must be approved in written, notarized recordable form by the Association. The term “attachment”, for the purposes of clarification, refers to that outbuilding which is attached to the primary residence. Said attached outbuilding is defined as that structure which is connected to the existing structure by a continuous roof of at least eight feet in width, of the same design style as the primary structure.
SETBACKS:
9. No part of portion of any dwelling house, garage or carport shall be erected closer than thirty (30) feet from the front property line, nor closer than thirty (30) feet from the rear property line, nor closer than seven and one-half (7.5) feet from each side property line, nor closer than twenty (20) feet where the side yard abuts a secondary street within said subdivision. Nothing herein shall be construed so as to prohibit
either enclosed or unenclosed swimming pools within the thirty (30) foot setback line from the rear property line of any lot. All dwelling houses shall face streets lying within the subdivision. The Association may approve different setbacks for irregular shaped lots at its discretion as long as they don't conflict with the governmental setback requirements.
FENCES:
10. As such, all new and replacement fencing must be Board approved prior to installation. No continuous fence, wall, hedge, or like structure over eight (8) feet in height shall be permitted along the rear lot line and side lot line of any lot. However, no fencing, walls, hedges or like structures in excess of three feet may be erected that extends onto the side lot lines toward the front lot line and past the front property line setback requirement of thirty (30) feet. All such fences, walls, hedges or like structures shall always be maintained in good repair.
VEHICLES:
11. No mobile home, modular home or house trailer shall be permitted on said property at any time. All motor vehicles located on each lot shall carry a current year's license tag registration. Additionally, there shall be no parking of any cars, vans, trucks, boats, heavy equipment, R.V.' s, campers, trailers of any kind or sort upon the road rights-of-way adjacent to any lot. Further, no boats, trucks other than pick-up trucks, motor homes, camper vehicles, R.V's or heavy equipment may be parked upon any lot unless properly housed or situated in accordance with paragraph 7, herein above.
All mechanical or repair work to be performed on any vehicle, boat or other heavy equipment shall be performed in the enclosed garage so that such repairs being made shall not be visible from the street.
ANTENNAS:
12. No aerials or television antennas may be attached to the front or side of any dwelling house, but shall be located to the rear only thereof. In any event, dish type satellite antennas larger than three (3) feet in diameter must be approved by the Association in writing. (see Lake Deeson Pointe POA Architectural Form).
GARBAGE:
13. Outside receptacles for garbage, rubbish and yard waste shall be permanently housed so as to not be visible as such from the front of the property or adjoining lots except when placed out for normal curbside pickup. Receptacles are to be placed out no earlier than the night before a regularly scheduled pickup day and are to be brought in no later than the end of a regularly scheduled pickup day. All lots must maintain an account for disposal and/or pickup, and accumulation or disposal of garbage, rubbish and yard waste on site is prohibited.
CLOTHESLINE:
14. Clothes lines or yards used for drying clothes, well, pump, tank or other accessory structures used for the house or outbuildings shall be so located or shielded by fencing, shrubbery or otherwise, so as not to be visible from the front of the property or adjoining lots.
LANDSCAPING:
15. Each dwelling unit will be required to have adequate landscaping and shrubbery in keeping with the architectural concept of the structure and nature of the subdivision. The adequacy of such landscaping and shrubbery will be determined by the Association in its reasonable discretion, and will include, but not necessarily be limited to the following: no unsightly lawns, bushes or trees; no dead lawns, bushes
or trees that remain for a period of more than sixty (60) days. Lawns, bushes and trees shall be kept neatly mowed, edged, and/or trimmed. Additionally, the back yards of lakefront lots shall be kept free of clutter and other unsightly conditions that may be visible to adjoining lot owners and/or lot owners across the lake. Lot owners shall be responsible for the maintenance of the right of way area between their property line and the edge of pavement, which shall include: grass mowing and edging; tree trimming and upkeep; and shrubbery maintenance. Lot owners with trees that are situated near street lamps and roadways shall be responsible for keeping those trees trimmed and in good repair. If such condition is not corrected within thirty (30) days after notice from the Association, the Association shall have the right to enter upon the lot and make such correction at the expense of the owner, and the owner will then be billed for such corrective work by the Association. If the bill is not paid within fifteen (15) days from the date of billing, the amount due shall bear interest at the maximum amount allowed by law and shall constitute a lien against the lot.
16. Prior to occupancy all front and side yards shall be equipped with an underground sprinkling system, and the front and side yards shall be completely sodded with an appropriate grass customarily used for residential lawn purposes. Front and side yards as used herein shall mean that portion of the building lot between the edge of the road surface and the rear of the house for the entire width of said lot, save and
except for driveways and walks. All remaining portions of the building lot which are not improved shall be either seeded, sprigged or sodded for the purpose of developing a suitable lawn in keeping with the nature of the subdivision. Dead and/or dying grass is to be treated or replaced, as appropriate, in a timely fashion so as to maintain front, side and rear lawns in accordance with this section.
17. Except during the period of construction of improvements upon a lot each owner shall be responsible to the care and maintenance thereof and shall keep the same clear and neat. Grass, shrubbery and vegetation shall be regularly trimmed and mowed. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any part of the premises and no refuse pile or unsightly object shall be allowed to be placed or suffered to remain anywhere thereon; provided that after proper notice, if such condition is not corrected, the Association shall have the right to enter upon the premises and make such correction at the expense of the owner, and the owner will then
be billed for such corrective work by the Association. If the bill is not paid within fifteen (15) days from the date of billing, it shall bear interest at the maximum amount allowed by law and shall constitute a lien against the lot.
18. All house lots must be landscaped when completed or within one (1) year from commencement of construction, whichever occurs sooner. All houses must be completed on the exterior with sod landscaping (except as may otherwise be provided in Section 16) and driveways within one year form commencement of construction. A minimum of two (2) oak or other shade trees must be maintained on each lot.
ANIMALS:
19. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except for a maximum total of five (5) domesticated dogs, cats or other household pets which may be kept, provided they are not maintained or bred for any commercial purpose and provided they are leashed and/or otherwise confined so as not to permit any trespass on any other lot save that belonging to the owner of said pet. When walking pets, all owners shall be required to properly and adequately clean up after their pets.
NOXIOUS ACTIVITIES:
20. No noxious activity or trade of any sort shall be carried on or upon any lot; nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood; nor shall any use be made of any lot that will in any way injure the value of the adjoining lot or the surrounding property as a whole.
DRIVEWAYS:
21. Ingress and egress for vehicular traffic from the street to any lot must be by a permanent type driveway such as concrete, and must be installed prior to occupancy. Any other type driveway must be approved by the Association. Driveway culverts must be approved in writing by the Association and be consistent with applicable governmental regulations. No ditches, retention ponds or drainage structures shall be blocked or changed in any way which will be to the detriment of the Association or any lot owner or against Southwest Florida Management District (SWFMD) regulations.
UTILITIES:
22. All public or private transmission and service wiring for electrical, gas, telephone and cable television communication services and service lines pertaining thereto must be installed and buried underground where permitted in accordance with applicable codes that may be imposed or by any public or private electrical, gas, telephone or cable television communication service serving subject property.
23. Each lot purchaser must become a member of the Association and shall have full voting rights and obligations in outline below.
MAINTENANCE:
24. All homes (including, but not limited to, soffit, fascia, trim and shutters on a home), fences, accessory structures (including, but not limited to, docks) outbuildings, yards and landscaping shall be maintained in good repair at all times. There shall be no mold, mildew or other discoloration on homes (including, but not limited to, soffit, fascia, trim and shutters on a home), fences, accessory structures (including, but not limited to, docks) or outbuildings that may be visible from the street or from any other lot. Paint type, application and coverage on homes (including, but not limited to, soffit, fascia, trim and shutters on a home), fences, accessory structures (including, but not limited to, docks) and outbuildings shall all be of good quality and in keeping with the nature of the subdivision. Front yards shall be kept free of all excessive clutter that may be visible from the street or from any other lot.
PRIVATE NATURE OF ROADWAY:
25. There exist Polk County approved private roadways serving the lots throughout the Property. These roadways are for the private use of lots owners, their assigns and guests.
a) Each lot owner shall be liable and obligated for payment of a proportionate share of the costs of maintaining the roadway. Each lot shall bear equal portions of each annual assessment regardless of a lot's location, dimensions, or size. This money may also be spent for landscaping, maintenance, utilities entrance ways, street lights or other such purposes as may be approved by the Association in its reasonable discretion. Unpaid annual assessments (as hereinafter referred to), due at any time, shall be and become the obligation of the owner of a lot upon purchase of said lot. However no lot owner shall bear assessments for more that 2 lots unless he or she constructs a house on each lot.
b) Any payment described herein shall be made to the Lake Deeson Pointe Property Owners Association, Inc. The purpose of the Association is and shall be to maintain the roadway and improvements and determine, prepare, deliver notice of and collect the assessments for said maintenance and other such purposes that are approved by the majority vote of the Association.
c) Each lot owner shall be a member of the Association, and at all Association membership meetings shall be entitled to one vote for each tract owned.
d.)The maintenance assessment for the year 2024 and all subsequent years, unless increased or decreased by the Association, shall be $500.00 per parcel, and shall be payable as hereinafter provided, or at the closing of the purchase or lease of each such tract. All monies collected shall be deposited in the Association's bank account. All expenditures shall be signed for by the president and one other officer of the Association. The bank record of the Association shall be open to inspection by any member of the Association. The assessment may not be increased by more than 25% per year.
e.)During the month of January of each year after 2006 the board of directors of the Association shall call a meeting of the membership of the Association for the purpose of considering the amount of assessment for the ensuing year. Said call shall be in writing, shall state the meetings purpose, shall designate the date (which shall be no less that ten (10) days from the date the call is made), time and place of said meeting, and shall be mailed or delivered to all tract owners at the last addresses for said owners shown on the Polk County tax rolls. The amount of each year's annual assessment and said charges shall be determined at said meeting by the affirmative written vote of a majority of those Association members present, in person or by proxy, at said meeting.
f) Following said Association meeting, written annual assessments for maintenance of the roadway shall be mailed or delivered to all tract owners. Such annual assessments and charges shall apply for twelve (12) month calendar year, and shall be deemed to be due no later than thirty (30) days after the annual meeting for that calendar year, and shall be payable in one annual installment. Sums thus collected by the Association shall be held and expended by it for the sole purpose of maintaining the roadway, other improvements and miscellaneous mailings as provided herein.
(1) Failure to pay said sums will result in a monthly late fee of $15. This fee will be added to the original annual assessment.
g) The Association has a lien on each lot for any unpaid past due assessments and charges, together with interest, late payment penalties and reasonable attorneys' fees incurred by the Association in enforcing this lien. The lien relates back to the date of recording this Amended and Restated Declaration in the Public Records of Polk County, Florida; and is perfected by recording a Claim of Lien in the public records of Polk County, which Claim of Lien shall state the legal description of the property encumbered thereby, the name of the record owner, the amounts then due and the dates when due. The Claim of Lien must be signed and acknowledged by an officer or agent of the Association. The lien shall continue in effect until all sums secured by said lien have been fully paid, and the lien satisfied or discharged. The Claim of Lien shall secure all unpaid assessments and charges, interest, costs and attorneys' fees which are due and which may accrue or come due after the recording of the Claim of Lien and up to the issuance of a clerk's deed. Upon full payment, the person making payment is entitled to a satisfaction of the lien.
h) The Association's lien may be foreclosed by the procedures and in the manner provided by Florida Law, as it may be amended from time to time. The Association may also bring an action at law against any owner liable for unpaid charges or assessments. If final judgment is obtained, it shall include interest on the assessment as above provided and a reasonable attorneys fee to be fixed by the Court, together with the costs of the action, and the prevailing party shall be entitled to recover reasonable attorneys' fees in connection with any appeal of such action.
AMENDMENT TO RESTRICTIONS:
26. The restriction may be amended or modified in part or in whole by a vote of the holders of 60% of the lots. Each lot shall carry the right to one (1) vote. These amendments or modifications must be recorded in the public records of Polk County, Florida.
ENFORCEMENT OF RESTRICTIONS:
27. Enforcement of these restrictions (including such actions as may be necessary to collect the annual assessment charges) shall be by action against any person or persons violating or attempting to violate same, or failing to perform the same, either to restrain violation, enforce performance or compliance, or to recover damages. The party which is successful and prevails in such action shall be entitled to recover all
costs and disbursements allowed by law, including a reasonable attorney's fee and interest. All costs necessary to enforce these restrictions whether by legal action or not shall constitute a lien against the lot of the violator when properly recorded in the public records of Polk County, Florida, and shall bear interest at the maximum rate allowed by law. In addition to the means of enforcement provided elsewhere herein, the Association shall have the right to assess fines against a lot, an owner, or an owner's guests, relatives or lessees in the event of a violation of the provisions of these Amended and Restated Declarations, the Articles of Incorporation, the Bylaws, and Rules and Regulations of the Association regarding the use of lots, common elements, or Association property. Each such violator and the owner shall be given written notice of the alleged violation and the opportunity for a hearing before the Board of Directors with at least fourteen (14) days notice. Said notice shall include: a statement of the date, time and place of the hearing; a statement of the provisions of these Amended and Restated Declarations, Article(s), Bylaw(s) or Rulers) which have been allegedly violated; and a short and plain statement of the matters asserted by the Association. The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge, and respond to any material considered by the Association. The amount of such fine shall not exceed One Hundred Dollars ($100.00) per occurrence, or the maximum permissible by law, and each recurrence of the alleged violation for each day during which such violation continues shall be deemed a separate offense and may result in additional fines, without requirement of a separate hearing, such not to exceed the maximum permissible by law. The payment of fines shall be the ultimate responsibility of the owner, even when the violations for which fines have been levied arise out of the conduct of family members, guests or tenants. Any action to collect a duly levied fine shall entitle the prevailing party to an award of all costs and reasonable attorney's fees.
DURATION OF RESTRICTIONS:
28. After January 1, 2037, these covenants and restrictions shall continue automatically unless an instrument terminating all or a portion of them, properly acknowledged, is executed by a 60% majority of the tract owners and recorded in the public records of Polk County, Florida. Recordation of said instrument will terminate all of the designated sections of these covenants and restrictions, and this procedure for termination and/or extension shall continue in perpetuity. The term tract and lot shall be deemed to mean the same thing.