St. Michel Village Architectural Standards Manual€¦ · St. Michel Village Architectural...

St. Michel Village Architectural Standards Manual

February 2, 2010

St. Michel

Village

Architectural

Standards

Manual

(Final version)


February 2, 2010

Table of Contents

Section 1…………………………………………………………………………………Page 3 Definitions Section 2…………………………………………………………………………………Page 3 Objectives and Purposes Section 3…………………………………………………………………………………Page 4 Development of ASM Section 4…………………………………………………………………………………Page 5 Exterior Maintenance Assessment Section 5…………………………………………………………………………………Page 7 Building Setback lines Subdivision of Lots Section 6………………………………………………………………………………..Page 7 Construction Review Process Section 7………………………………………………………………………………..Page 11 Building Design and Specifications Section8………………………………………………………………………………….Page 15 Regulations of Fences and Walls Section 9………………………………………………………………………………..Page 16 Regulation of Storage Sheds Section 10………………………………………………………………………………Page 16 Parking Regulations Section 11……………………………………………………………………………..Page 18 Satellite Dishes Section 12……………………………………………………………………………..Page 19 Nuisances and Waste Section 13…………………………………………………………………………….Page 21 Remedies for Violations Section 14…………………………………………………………………………….Page 25 Exculpation


February 2, 2010

Section 1 – Definitions

The following terms used in the Architectural Standards Manual are

being used as defined in the Amended and Restated Declaration of

Covenants, Conditions and Restrictions for Saint Michel Village, Article

I, Definitions:

Architectural Review Local Government (1.18)

Committee* (1.1) Lot (1.19)

Architectural Standards Owner (1.20)

Manual (1.2) Plat (1.22)

Association (1.5) Residential Property (1.23)

Board (1.6) Rules and Regulations (1.24)

City (1.8) Saint Michel Village (1.15)

Common Property (1.10) Subject Property (1.25)

Declaration (1.12) Subdivision (1.26)

Government Regulations (1.14) Unit (1.27)

Improvements (1.16)

* The terms Architectural Review Board (ARB) and

Architectural Review Committee (ARC) refer to the same

entity and are interchangeable.

In addition, Declarant shall mean and be defined as the Association

of Saint Michel Village Homeowners’ Association, Inc., a corporation

not –for-profit, organized and existing under the laws of the State of

Florida as established and governed by the Declaration.

Section 2 – Objects and Purposes

The following Objects and Purposes used in the Architectural Standards

Manual are being used as defined in the Amended and Restated


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Declaration of Covenants, Conditions and Restrictions for Saint Michel

Village, Section XII, Architectural and Landscape Control:

Reservation of Architectural and Landscape Control (12.1) Architectural Review Committee (12.2) Appointment of Architectural Review Committee (12.3) Purpose and Function of Architectural Review Committee (12.4) All Improvement Subject to Approval (12.5) Standards and Review Approval (12.6) Section 3 – Development of Architectural Standards Manual

Architectural Standards and Architectural Standards Manual. The

Architectural Review Committee shall develop, adopt, promulgate,

publish, and make available to all Owners and others who may be

interested, either directly or through the Association, at a reasonable

charge, and may from time to time change, modify, and amend the

manual setting forth detailed architectural and landscape design

standards, specifications, and criteria to be used by Owners and the

Committee as a guide or standard for determining compliance with the

Declaration and the acceptability of those components of development,

construction, and improvement of the Subject Property requiring

review and approval by the Committee.

The Architectural Standards Manual, together with any changes,

modification, or amendments, must be approved by the Board of

Directors in writing prior to its adoption and promulgation. The

Architectural Standards Manual may include a detailed interpretation

or explanation or acceptable standards, specifications, and criteria for a

number of typical design elements, including without limitation, site

planning, architectural design, building materials, building construction,


February 2, 2010

landscaping, irrigation, and such other design elements as the

Committee shall, at its sole discretion, determine.

Section 4 – Exterior Maintenance

Grounds and Yard Maintenance

Vegetation. Grass, hedges, shrubs, vines, trees, and mass plantings of

any type on each Lot shall, at regular intervals, be mowed, trimmed,

edged and cut so as to maintain the same in a neat and attractive

manner. Trees, shrubs, grass and plants that die shall be removed and

replaced as soon as practical. (e.g. plant death caused by neglect shall

be removed and replaced promptly. Plant death caused by severe,

unusual, or atypical weather conditions shall be removed and replaced

promptly after such weather conditions cease to be a factor).

Rubbish. No weeds, vegetation, rubbish, debris, garbage, objects,

waste, or materials of any kind whatsoever shall be placed, nor

permitted to accumulate, upon any portion of any Lot, which would

render it unsanitary, unsightly, offensive, or detrimental to the

properties in the vicinity thereof or to the occupants of any such

property in such vicinity.

Lawns. All residences must have grass lawns. Lawns may be over

seeded or plugged to change the turf variety or to promote healthy

looking lawns in the winter. All new lawns or lawn replacements must

be sodded. Desert type yards of sand and rock are prohibited.

Building Materials/Supplies. No building material of any kind or

character shall be placed or stored upon any Lot so as to be open to

view by the public or neighbors, unless such materials will be used


February 2, 2010

within two (2) months for the construction of buildings or structures

upon the Lot on which the materials are stored.

Exterior Maintenance Assessment. In addition to maintenance upon

the Common Property, the Association may provide upon any Lot

requiring same – when necessary in the opinion of the Board of

Directors of the Association to preserve the beauty and quality of the

neighborhood – maintenance, including but not limited to paint, repair,

roof repair and replacement, gutters, downspouts, exterior building

surfaces and yard cleanup and/or maintenance. This remedy shall be

available in addition to any other legal or equitable remedy pursued by

the Association.

Assessment of Cost. The cost of such maintenance shall be assessed

against the Lot(s) upon which such maintenance is performed. The

Assessment shall be apportioned among the Lots involved in the

manner determined to be appropriate by the Board of Directors of the

Association. If no allocation is made, the Assessment shall be uniformly

assessed against all Lots in the affected area. The exterior maintenance

Assessment shall not be considered part of the annual or special

Assessments. Any exterior maintenance Assessment shall be a lien on

the Lot and the personal obligation of the Owner and shall be come due

and payable in all respects, together with interest and fees for cost of

collection, as provided for the other Assessments of the Association,

and shall be subordinate to mortgage liens to the extent provided by

Article V, subparagraph “10” of the Amended and Restated Declaration

of Covenants and Restrictions for Saint Michel Village.

Access at Reasonable Hours. For the purpose of performing the

maintenance authorized by the above stated article, the Association,


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through its duly authorized agents or employees, shall have the right,

but not the obligation, after giving a seven (7) day notice in writing to

the Owner, to enter upon any Lot or the exterior of any improvements

thereon between the hours of 9:00 A.M. and 5:00 P.M on any day

except Sunday or at a mutually agreed time, and such entry shall not be

deemed a trespass. In the event there is a serious health or safety

hazard, the seven (7) day notice requirement shall be waived.

Section 5 – Building Setback Lines

The setbacks will be as per the City of Rockledge zoning specifications

as may be changed from time to time. In no case shall any part of the

main structure be constructed, erected, placed, or installed any closer

to the property boundary lines of any Lot than: front – 25’ (twenty-five

feet), rear – 20’ (twenty feet), sideline – 8’ (eight feet) for one and 10’

(ten feet) for the other.

A copy of the Platted Subdivision, as recorded in Book 40, pages 64 and

65 of the Official Public Records of Brevard County Florida, is kept and

maintained by the ARC for reference and may be viewed by

appointment.

Subdivision of Lots. No Lots, as shown on the Subdivision plat, shall be

subdivided except that one or more Lots, or parts thereof, abutting

other Lot(s) may be joined to increase the size of such abutting Lot(s),

and such Lot(s) of increased size shall thereafter remain as one building

site.

Section 6 – Construction Review Process

Prior Committee Approval. Whether or not provision therefore is

specifically stated in any conveyance of a Lot, the Owners or occupants


February 2, 2010

of each and every Lot by acceptance of title thereto, or by taking

possession thereof, covenant and agree, for themselves, their heirs,

administrators, personal representatives, successors or assigns, that no

structure or improvement shall be placed on any Lot, nor shall any

exterior additions, changes or alternations therein be made until the

plans and specifications showing the nature, kinds, color, shape, height,

materials, and location thereof have received the prior approval of the

Committee. “Structure or Improvement” as used herein shall include,

but not be limited to, fences, storage sheds, swimming pools, porches,

alteration of the exterior surface of the home (including screened

porch, swimming pool, or paint), addition or extension of concrete

surfaces (walks, patios, driveways or slabs), solar energy devices,

decorative buildings (such as gazebos) and alterations or construction

shall be in accordance with the terms hereof and with all applicable

Codes and Ordinances of the local governing agency issuing permits for

construction or land alteration, in effect at the time of such proposed

construction or alteration. The Committee shall have the right to

approve or disapprove any improvement or structure.

Interior Alterations are Exempt. Nothing contained in the ASM shall be

construed so as to require the submission for approval of the ARC of

any plans, specifications, or other material for the reconstruction or

alteration of the interior on any building, structure or other

Improvement constructed on Residential Property or Common

Property, after having been previously approved by the ARC, unless any

proposed interior construction or alteration will have the effect of

changing or altering the exterior appearance of such building, structure,

or other Improvement. Or unless specifically stated in the Declaration


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or unless it shall have the effect of materially reducing the retail valued

of the home or Lot.

Disposition. Approval or disapproval of the plans, specifications and

plot plans must be given in writing thirty (30) days after the

Architectural Review Committee’s meeting which next follows the

submission. If the approval, disapproval, or request for additional

information is not given within that time, then such written approval

shall not be required, provided, however, that no addition to any

single-family building, accessory building or structure shall be erected

that violates any of the provisions of the Declaration. Two (2) sets of

construction requests must be submitted to the Committee. The

Committee shall notify the Lot Owner, in writing, of the approval or

disapproval, and the response will be signed or initialed by two

members of the Committee. One (1) copy of the approval/disapproval

and plans and specifications will be returned to the Lot Owner. One (1)

copy of the approval/disapproval and plans and specifications will be

retained by the Committee to be made a part of the corporate records.

A copy of the final, signed disposition shall be given to the Board of

Directors for maintenance in the Official Public Records of Brevard

County Florida.

Submittal of Request for Improvement. The approval or disapproval of

plans, specifications, and locations by the Committee shall be based on

grounds including, but not limited to, aesthetic reasons, effect on

property value, and/or neighborhood conformity, and shall be at the

sole discretion of the Committee. The construction request provided to

the Committee shall include detailed sketches, a copy of the permit as

applicable, and include location to main structure and to property lines,

size, materials, shape and color, as applicable for the structure or


February 2, 2010

improvements. This request shall be submitted by the Lot Owner to

the Committee prior to the scheduled Committee meeting, to be

considered at the meeting. The Committee shall hand deliver or send

via U.S. mail its written response within ten (10) days of the Committee

meeting which followed the request. An application which does not

contain all of the information and documents required herein shall not

be considered by the Committee, shall not be deemed submitted for

any purposes hereof until complete, and it shall be the applicant’s

responsibility to bring his or her request into compliance. For purposes

of approval or disapproval deadline, an application shall first be

considered received on such date, as all required information and

documents are received. The Committee’s determination as to

completeness shall be binding.

In the event any required approvals are not obtained prior to

commencement of improvements, or in the event improvements are

made which vary from those approved, it shall be deemed that

approval was not given, and that a violation and/or breach of the

Declaration has occurred, and all enforcement provisions of the

Declaration shall be applicable. Changes, to, or replacement of

structures or improvements previously approved by the Committee,

shall require the approval of the Committee in the same manner as

required for the original structure or improvement.

Violation of Article VIII. In the event of a violation of Article VIII of

Declaration, the Lot Owner shall be responsible for all costs associated

with the removal or modification of the structure or improvement that

caused the violation and, additionally all enforcement provisions of the

Declaration shall be cumulatively applicable. The Lot Owner shall also


February 2, 2010

be responsible for any legal expenses and costs associated with the

Association’s enforcement of this section.

Duration of Approval. All exterior construction, paint and other

activities relating to a structure or improvement for which plans and

specifications are required to be submitted to the Committee for

approval shall be completed within thirty (30) days from the date of

commencement. All Requests for Improvement (RFI) are valid for

twelve (12) months from the date of written approval. The committee

may grant an extension of said thirty (30) day or twelve (12) month

period at its discretion.

If Improvement has not been completed within allotted time,

such approval shall expire, and no construction shall thereafter

commence without a resubmission and approval of the plans,

specifications, and other materials to the Architectural Review

Committee. The prior approval shall not be binding upon the ARC or

the resubmission in any respect.

Section 7 – Building Design and Specifications

Roofs. The roofs of the main body of all buildings and other structures,

including the principle residence shall be pitched. The pitch of all roofs

shall not be less than five inches (5”) in twelve inches (12”) (5/12

vertical/horizontal). All roofs shall be constructed of three tab, twenty

year, asphalt and fiberglass shingles. All roof colors must be of a

subdued tone to match the exterior paint of the structure. Metal

roofing material may be considered by the Committee for use on porch

additions that are on the rear of the main structure and are not visible

from the public street. The use of metal roofing materials is expressly

prohibited on any Lot fronting either retention Lake/Pond.


February 2, 2010

Siding. The use of aluminum, vinyl, tin, or iron shall be specifically

prohibited for siding on any structure, unless otherwise expressly

approved by the Committee.

Garages and Carports. No carports shall be placed, erected,

constructed, installed, or maintained on residential property. Each

single-family residential dwelling constructed or maintained on

residential property shall have a garage as an appurtenance thereto.

All garages shall accommodate not less than one (1) standard size

passenger automobile. Garages may also contain appropriately sized

storage rooms, recreational workshops, and tool rooms. No garage

shall be converted to another use (e.g. living space) without the

substitution, on the lot involved, of another garage meeting the

minimum requirements of this Section of this ASM and having the

approval of the Committee.

Any modifications or alterations to the garage must be submitted to the

Committee for approval.

All garages must be set forth and be submitted to the Committee for

approval and be in conformity with the Architectural Standards Manual.

Veneers and Paint. False stone or simulated brick veneer may be

permitted on the exterior of any residence subject to the approval of

the Committee. Use of specialty material/texture shall be subject to

approval by the Committee. All exterior paint shall be submitted for

approval by the Committee prior to being applied on any residence.

Paint colors shall be of a subdued nature in keeping with the

uniqueness of the Subdivision. Uncovered or exposed (whether

painted or not) concrete or concrete block shall not be permitted as the


February 2, 2010

exterior finish of any building structure or wall unless approved by the

Committee.

Driveways, Sidewalks, and Walkways. All driveways shall be

constructed of concrete. Any changes of the materials/textures shall

be subject to approval by the Committee. Expansion of existing

driveways shall require Committee approval. Driveways may be sealed,

but may not be painted or stained, with a clear coat sealant so as not to

change or alter the natural color from that of the sidewalks and to

maintain uniformity within Saint Michel Village.

Stoops. The front stoop (porch) and/or the back porch may be

enhanced by a brick or tile facing.

Swimming Pools. Swimming pools may be constructed on any Lot and

are subject to the approval of the Committee. All pools must have

restricted access from all directions by fencing, screened enclosure

and/or the residential structure. Swimming pools shall be only of the

in-ground type, and shall be constructed of fiberglass, concrete or

concrete type materials. It is expressly forbidden by the St. Johns River

Water Management District to drain any waters from pools into the

street and consequently into the retention areas. All pools must be in

compliance with City of Rockledge Accessory Building and Structures

code which require a permit.

Solar Panels. The location of any proposed solar heating facilities must

be approved by the Committee. The preferred location of such devices

is on the back of the residence so as not to be visible from the street

and to not create an eyesore or interrupt the uniformity within Saint

Michel Village. Any solar renewable energy device and the

Committee’s review of same shall adhere to all provisions of the Florida


February 2, 2010

Statutes governing the installation of these types of facilities, as said

statutes may be amended from time to time.

Electric. Electrical connections to any structure built on a Lot shall be

buried underground. Overhead electrical connections are expressly

prohibited.

Dwelling Size. No residence, which contains a floor area of less than

twelve hundred (1,200) square feet of living area, shall be erected on

any Lot.

Drainage of Lots. Each Owner shall be responsible for maintaining the

drainage swale over the rear and sides of the Lot as per the plat of the

Subdivision, including mowing and removal of debris that might affect

the free flow of the storm water drainage system. In the event an

Owner is duly noticed by the Association or ARC, or governmental

authority, of a violation of this provision, and shall fail to timely remove

any debris or remedy any situation adversely affecting the storm water

drainage system that may exist on the Owner’s Lot, then the

Association shall have the power an duty to remove such obstruction

and to lien the Lot for any costs incurred in connection therewith,

including a reasonable attorneys’ fee that may be incurred for the

collection or prosecution thereof. It is expressly forbidden by the St.

Johns River Water Management District to drain any waters from pools

into the street and consequently into the Retention areas.

Shutters. The use of hurricane shutters is encouraged by the ARC.

Temporary/emergency hurricane shutters may be installed by any Lot

Owner without approval by the Committee. The installation of

permanent hurricane shutters is encouraged by the ARC. Permanent

installation of hurricane shutters shall be subject to the review and


February 2, 2010

approval of the Committee so as to keep an aesthetically pleasing

appearance within Saint Michel Village.

Portable Air Conditioning. No window or wall air conditioning units

shall be permitted.

Porches. Screen porches are permitted, but must have a trussed roof

with roofing materials that match the residence’s style, design and

structure, or they meet the metal roofing allowance in the Roofing

Section of this ASM.

Reconstruction of Damaged Improvements. In the event that a

residence or any Improvement on any Lot shall be damaged or

destroyed by casualty, hazard, or other cause, including fire or

windstorm, then, within a reasonable period not exceeding two (2)

months following the occurrence of the damaging incident, the Owner

of same shall cause the damaged or destroyed Improvements to be

repaired, rebuilt, or reconstructed, or to be removed and cleared from

his Lot. Any such repair, rebuilding, or reconstruction shall be approved

and accomplished as required pursuant to the provisions of the

Declaration and this Manual. Extensions of time may be granted by the

Committee, provided the owner shows a good faith effort at resolving

the issue.

Maintenance. All dwellings, structures, buildings, outbuildings, walls,

driveways and fences placed or maintained on the properties or any

portion thereof shall at all times be maintained in good condition and

repair.


February 2, 2010

Section 8 – Regulations of Fences and Walls

Specifications. Boundary and interior fences shall be permitted, except

as stated below, but only after written approval has been obtained

from the ARC. The ARC may condition its approval on the modification

of the type, location, design or materials used in the proposed fence of

wall. Fences are to be of vinyl or natural wood, board-on-board or

shadow box and concrete walls of a colored texture to match that of

the primary residence. Decorative screen walls (for trash receptacles,

AC units, etc.) may be erected subject to approval by the ARC. Use of

specialty materials/textures (i.e. Split-faced concrete block) is subject to

the approval of the ARC. Fences may be stained with prior approval of

color choice by the ARC. Two (2) color chips must be submitted with

request.

Height and Location. Fences are to be between four (4) and six (6) feet

in height. No wall or fence shall be erected or placed within the front

setback of any lot. Barbed wire fencing is prohibited under all

circumstances. No wire fencing of any kind, including chain-link, shall

be allowed.

Section 9 – Regulation of Storage Sheds

Sheds. All storage sheds shall require the approval of the Committee

prior to installation. Purchase of a unit prior to ARC approval shall not

constitute a hardship and shall not in any way be a factor in the ARC’s

review process. Exceptions to shed styles may be made by the ARC on

a case-by-case basis. All sheds must be in compliance with City of

Rockledge Accessory Building and Structures code which require a

permit.


February 2, 2010

Sections 10 – Parking Regulations

General Parking Rules. No unregistered motor vehicle will be parked on

any Lot at any time, except in an enclosed garage. Boats, boat trailers,

pop-up camper trailers, and other types of trailer shall be parked in an

enclosed garage, or to the rear of the front line of the residence behind

and approved six (6) foot high fence and shall not be parked in the

street right-of-way. RVs and mobile homes shall not be used for

temporary or permanent occupancy in the Subdivision and shall not be

permanently parked or stored at the residence.

Parking on Grass. Under no circumstances shall any vehicle be parked

on the grass, except as allowed above, of any residence or any Saint

Michel Village Homeowners’ Association maintained area. During the

time that the county is placed under a forced water restriction usage, it

shall be permissible, and is encouraged, that vehicles be parked in the

grass immediately adjacent to the driveway for the sole purpose of

washing the vehicle. Immediately upon completion of washing, the

vehicle must be removed from the grass and parked back on the

driveway or in the garage.

Commercial Vehicles. The parking of commercial vehicles (which

description shall include but not be limited to: any vehicle utilized

primarily for commercial purposes or bearing any commercial signage;

any trucks larger than a full-size pick-up truck; tractor-trailers; semi-

trailers and commercial trailers) at any time on driveways or otherwise

on a Lot, on the Common Property or on the Streets of the Subdivision,

is prohibited except during constructions and for brief loading and

unloading purposes.


February 2, 2010

Private Vehicles. Residents may not keep vehicle parked outside the

garage on a regular or recurring basis unless parked on the driveway.

Removal of Vehicles by the Association. Any private, commercial,

recreational, or other vehicle parked or stored in violation of these

restrictions or in violation of any rules and regulations adopted by the

Association concerning the same may be towed away or otherwise

removed by or at the request of the Association and at the sole

expense of the Owner of such vehicle.

In the event of such towing or other removal, the association and its

employees or agent shall not be liable or responsible, to the owner of

such vehicle; the trespass, conversion, or damage incurred as an

incident to or for the cost of such towing or other removal. The

Association, its employees, or agents shall not be guilty of any criminal

act or have any civil liability, by reason of such towing or removal, even

in the failure of the Owner of such vehicle to receive any notice of

violation of this provision.

Repair of Vehicles. No passenger automobile, commercial,

recreational, or other motorized vehicle, or trailer, or trailerable boat,

or the like, shall be dismantled, serviced, rebuilt, repaired, or repainted

outside of the garage. Notwithstanding the foregoing provisions of this

paragraph, however, it is expressly provided that the foregoing

restriction shall not be deemed to prevent or prohibit those activities

[not exceeding four (4) hours] normally associated with an incident to

the day-by-day washing, waxing, and polishing of such vehicles or such

repairs as may be necessary in an emergency situation. Repairs, service

or painting made within the confines of a garage or designated


February 2, 2010

enclosure may be denied by the Association if deemed a nuisance by

the Association.

Section 11 – Satellite Receiving Dishes, Transmitters and Antenna

Antenna. No radio, microwave, or other electrical transmission

equipment, including ham radios, citizen band radios, outside antennas,

satellite dishes, outside sending devices, and the like, shall be

permitted on any Lot. The ARC may approve, in writing, the use of small

dish type receiving devices so long as the operation of such equipment

does not interfere with ordinary radio and television reception or

communication equipment and so long as the placement of such

equipment is minimally visible from any street or road and is deemed

aesthetically acceptable by the ARC.

Section 12 – Nuisances and Waste

Clotheslines. Clotheslines may be maintained on a Lot. Clotheslines are

considered a structure and must receive the prior written approval of

the Committee before they are located on the Homeowner’s property.

Repairs. No part of any Lot shall be used for major automotive, motor

or engine repairs except that tune-ups and minor repairs may be

conducted within the garage on the Lot by the Lot Owner while working

on his/her own automobile, motor or engine.

Trash. No garbage, trash or other refuse from the premises shall be

placed or emptied upon the surface of any Lot.

Ponds. No motorized boats shall be permitted to be used on any of the

retention ponds situated in the Subdivision. No swimming or inner

tubing shall be permitted on the retention ponds as well.


February 2, 2010

Home Businesses. Home businesses will be allowed in the Subdivision

as long as they do not result in increased traffic flow or increase on-

street parking. No signs will be allowed to be displayed.

Animals. No animals, livestock or poultry of any kind shall be raised,

bred or kept on any part of any Lot, except that dogs, cats and any

other household pet may be kept thereon if they are not raised, bred,

kept, or maintained for commercial purposes. In the event of dispute

as to the reasonability of the number of such cats, dogs or household

pets kept upon the Properties, the decision and opinion of the Board

shall control.

Pets. All pets must be carried or kept on a leash when outside of the

Owner’s property. Each Owner shall be responsible for his/her pets

and the pets of any person residing in their residence. Any resident

shall pick up and remove any solid animal wastes deposited by his/her

pet on the Common Areas or on any other Residential Lot.

Play Apparatus. Swings, climbing gyms and other children’s play

apparatus may be installed without the approval of the Committee.

These apparatus, however, shall not be forward of the rear setback line

of the residence.

Basketball Goals. Mobile basketball goals are an exception that may be

used on the driveway of the residence.

Canopies. Canopies or similar temporary structures shall not be

maintained on a Lot for longer than three (3) consecutive days. Canopy

style storage areas or carports shall not be constructed or maintained

on a Lot.


February 2, 2010

Signs. All political, campaign, real estate, and garage sale signs must be

displayed in compliance with current City of Rockledge Ordinances and

guidelines, available at www.cityofrockledge.org and at the Code

Enforcement Department located at Rockledge City Hall, and do not

need prior approval by the ARC. Any other signage may not be

displayed to public view on any Lot without the prior written approval

of the ARC.

Section 13 – Remedies for Violation

Enforcement of Violation. For a violation or breach of any provisions of

this Amended and Restated Declaration by any person or entity, the

Association, any Owner, the City of Rockledge or the St. Johns River

Water Management District, shall have the right to proceed at law or in

equity, to compel compliance with the terms hereof, or to prevent the

violation or breach of any of them. The failure to promptly enforce any

provision of the Amended and Restated Declaration shall not bar their

enforcement. The prevailing party in any dispute arising hereunder

shall be entitled to recover reasonable attorney’s fees. The Board of

Directors shall have the right to assess fines, in addition to its other

remedies, as provided in Chapter 720, Florida Statutes, as amended.

Remedies. In the event of a violation by any Owner or any tenant of an

Owner, or any person residing with them, or their guests or invitee,

(other than the non-payment of any assessment or other monies)of

ANY of the provisions of this Declaration, the Articles, the Bylaws or the

Rules and Regulations of the Association, the Architectural Review

Committee, duly backed by the Association, shall notify the Owner and

tenant of the Owner of the violation, by written notice sent via the

United States Postal Service. If such violation is not cured as soon as

http://www.cityofrockledge.org/


February 2, 2010

practicable and in any event by the date and time specified in the

written notice of said violation, or if any similar violation is thereafter

repeated the ARC may, at its option:

Fine the Owner as provided in the Rockledge; Code of Ordinances,

Chapter 21 Traffic, Section 21-35. The fine shall be twenty-five dollars

($25.00), up to one thousand dollars ($1,000.00)

Enforce an Action. Commence an action to enforce the performance

on the part of the Owner or tenant, or for equitable relief as may be

necessary under the circumstance, including injunctive relief, and/or

Commence and Action. Commence an action to recover damages,

and/or

Take Necessary Action. Take any and all actions reasonably necessary

to correct such failure, which action may include, where applicable, but

is not limited to, removing any addition, alteration, improvement or

change which has not been approved by the Committee, or performing

any maintenance required to by performed by this Declaration.

Incurred Expenses. All expenses incurred by the Association in

connection with the correction of any failure, plus a service charge of

fifteen percent (15%) of such expenses, as allowed by Article 9.11 (d) of

the St. Michele Conditions, Covenants, and Restrictions, and all

expenses incurred by the Association in connection with any legal

proceedings to enforce this Declaration, including reasonable

attorneys’ fees whether or not incurred in legal proceedings, shall be

assessed against the applicable Owner, and shall be due upon written

demand by the Association. The Association shall have a lien for any

such Assessment and any interests, costs or expenses associated


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therewith, including attorney’s fees incurred with such Assessment or

foreclose said lien as in the case and in the manner of any other

Assessment as provided above. Any such lien shall only be effective

from and after the recording of a Claim of Lien in the Public Records of

Brevard County, Florida as stated in the Florida Statutes, Chapter 15,

Liens.

Imposition of Fine. Prior to imposing any fine, the Owner shall be given

written notice via certified mail of the fact that the Committee, with

the support and authorization from the Board, is considering the

imposition of the fine, including (i) a statement of the provisions of the

Declaration, Bylaw, or Rules and Regulations which have allegedly been

violated, (ii) the proposed amount of the fine and the upper limits of

such fine, and (iii) the right of the Owner to request a hearing. If the

Owner desires to contest the fine, the Owner may demand a hearing by

written notice to the Board within the statutory time frame after the

notice of the fine, and in that event the Owner shall have a right to a

hearing, which shall be held in accordance with the law. The hearing

shall be conducted in accordance with any applicable statutory

provisions. At the hearing, the Owner shall have an opportunity to

respond, to present evidence, and to 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. At the hearing, the fine previously imposed may be

approved, disapproved or modified. If the Owner fails to request a

hearing or fails to attend the hearing, The Owner shall be deemed to

have admitted the allegations contained in the notice to the Owner.

Payment of Fines. Any fine imposed by the Committee shall be due and

payable within ten (10) days after written notice of the imposition of


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the fine, or if a hearing is timely requested within ten (10) days after

written notice of the decision of the hearing. Any fine levied against an

Owner shall be deemed an Assessment, and if not paid when due all of

the provisions of this Declaration relating to the late payment of

assessments shall be applicable.

Examples of Violations. Violations shall include but not be limited to:

Overnight parking in the street or parking in violation of this

Declaration

Parking of commercial vehicles on driveways or roadways

Parking of cars, vans, trucks, or motorcycles in a condition of

disuse or abandonment

Improper storage of waste receptacles on the driveways

Failure to notify and get proper approval from the Committee in

advance of any improvement of any kind being started

Failure to turn in two (2) complete sets of paperwork, permits (if

applicable), sketches along with dimensions to setbacks, and

details of any and all improvements.

Draining of swimming pools in the streets or retention ponds that

are under the jurisdiction of the St. Johns River Water

Management District

Deviation from the norm on paint colors for primary residence

Failure to clean up after pets while walking in the neighborhood

Failure to keep pets within units, fenced yard, or on a leash

Unsightly dirt, mildew, or chipped paint on the residence

Not maintaining yards, including flower/plant beds, in acceptable

manner

Doing any major automotive repairs on driveway


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Dumping of waste, grass cutting, cans, bottles, etc. in the

conservation area.

Amount of Fines. Fines shall start at twenty-five dollars ($25.00) and

not exceed one hundred dollars ($100.00) per day per violation and not

to exceed a total amount of one thousand dollars ($1,000.00).

Precedence Over Less Stringent Governmental Regulations. In those

instances where the Covenants, Conditions, and Restrictions set forth in

this Declaration set or establish minimum standards or limitations or

restrictions on use in excess of Governmental Regulations, the

Covenants, Conditions and Restrictions set forth in this Amended and

Restated Declaration shall take precedence over the less stringent

Governmental Regulations.

Section 14 – Exculpation

Exculpation for Approval or Disapproval of Request for Improvement.

The Association, any and all members of the Architectural Review

Committee, and any and all Members of the Board of Directors,

Members of the Association, employees and agents, shall not either

jointly or severally be liable or accountable in damages or otherwise to

any Owner or other party or entity whomsoever or whatsoever by

reason or on account of any decision, approval, or disapproval of any

plans, specifications, or other materials required to be submitted for

review and approval pursuant to the provisions of Article VIII of the

Declaration, or for any mistake in judgment, negligence, misfeasance,

or nonfeasance related to or in connection with any such decision,

approval, or disapproval.


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Each Owner who shall submit plans, specifications, or other

materials to the ARC for consent or approval pursuant the provision of

aforementioned Article VIII, by the submission thereof, and each Owner

by acquiring title to any Lot and any interest therein, shall be deemed

to have agreed that he, she, or it shall not be entitle to and shall not

bring any action, proceeding, or suit against the Association, the Board,

the ARC, nor any individual Member, employee or agent thereof for the

purpose of recovering any such damages or other relief on account of

any such decision, approval or disapproval.

Additionally, plans, specifications, or other materials submitted to

and approved by the ARC or the Board on appeal, shall be reviewed

and approved only as to their compliance with the provisions of the

Declaration and their acceptability of design, style, materials,

appearance, and location in light of the standards for review and

approval specified in the Declaration and this Architectural Standards

Manual, and shall not be reviewed or approved for their compliance

with any applicable Governmental Regulations, including, without

limitation, any applicable buildings or zoning laws, ordinances, rules, or

regulations. By the approval of any such plans, specifications, or other

materials, neither the ARC, the Board, the Association, nor any

individual Member, employee or agent thereof, shall have assumed or

incurred any liability or responsibility whatsoever for any violation of

Governmental Regulations or defect in the design or construction of

any building, structure or other Improvement, constructed, erected,

placed, or installed pursuant to or in accordance with any plans,

specifications, or other materials approved pursuant to Article VIII of

the Declaration. Copies of any and all plans, specifications, or other

materials submitted to the ARC or the Association or the Board shall be


February 2, 2010

the property of the ARC or the Association or the Board and shall not

be returned to the submitting party or any other person.

St. Michel Village Architectural Standards Manual€¦ · St. Michel Village Architectural...

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