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Deed Restrictions Pine Ridge Estates, Beverly Hills Florida
By Alison Markham, Broker-Associate, GRI, Realtor® | July 1, 2009
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PINE RIDGE
AMENDMENT, UNIFICATION, AND COMPLETE
RESTATEMENT OF DECLARATIONS OF RESTRICTIONS
WHEREAS, Pine Ridge Property Owners Association, Inc., hereinafter referred to as the “Corporation”(formerly Pine Ridge Service Corporation), a Florida not-for-profit corporation and assignee from Pine Ridge Estates by Citrus Hills, a Florida general partnership, assignee of subdivider status from the Deltona Corporation, subdivider of Pine Ridge Subdivision, imposed and imposes certain restrictions and limitations of record, as to each and every of the lots situate lying and being within the following property:
All of Pine Ridge Subdivision, Unit One, Citrus County, Florida, according to the plats thereof as recorded in Plat Book 8, Pages 25-36, inclusive, of the Public Records of Citrus County, Florida, less and except tracts T-1 through T-35, inclusive; All of Pine Ridge Subdivision, Unit Two, Citrus County, Florida, according to the plats thereof as recorded in Plat Book 8, Pages 37-50, inclusive, of the Public Records of Citrus County, Florida, less and except lots 1 through 12 of Block 186, and lots 1 through 16 of Block 187, and tracts T-1 through T-53, inclusive; All of Pine Ridge Subdivision, Unit Three, Citrus County, Florida, according to the plats thereof as recorded in Plat Book 8, Pages 51-67, inclusive, of the Public Records of Citrus County, Florida, less and except lots 1 through 6 of Block 1, lots 1 through 7 of Block 55, lots 1 through 10 of Block 56, lots 1 through 6 of Block 284, lots 1 through 4 of Block 308, lots 4 and 5 of Block 309, lots 7 and 8 of Block 311, lots 1 through 3 of Block 322, lots 1 through 8 of Block 323, lots 1 through 8 of Block 355, and tracts T-1 through T-30, inclusive; All of Pine Ridge Subdivision, Unit Four, Unit Five and Unit Six, Citrus County, Florida, according to the plats thereof as recorded in Plat Book 14, Pages 87-95, inclusive, of the Public Records of Citrus County, Florida, hereinafter referred to as the “Lots” or singularly, a “Lot.
WHEREAS, The Corporation, pursuant to Section 11.01 of the Pine Ridge Subdivision Declaration of Restrictions, recorded at O.R. Book 301, Pages 589, et seq., Book 301, Pages 618, et seq., Book 301, Pages 639, et seq., Book 854, Pages 2168, et seq., and Book 856, Pages 1593,et seq., as amended from time to time (herein ” Declarations”), and pursuant to specific assignments of authority from the developer to the successor developer recorded at O.R. Book 749, Pages 0939,et seq., and O.R. Book 1036, Pages 2031, et seq., Public Records of Citrus County, Florida, and its specific assignment from the successor developer recorded at O.R. Book 1336, Pages 1420, et seq., Public Records of Citrus County, Florida, may make reasonable modifications, amendments, or additions to the Declarations, applicable to the Lots;
WHEREAS, The Deltona Corporation has released the Pine Ridge Property Owners Association, Inc. (formerly Pine Ridge Service Corporation, Inc.) from joinder requirements, such release incorporated herein and to be filed following amendments;
WHEREAS, The Corporation, hereby determines that certain reasonable modifications and amendments to the Declarations are proper and necessary;
WHEREAS, in the interest of the uniform, general scheme of development, all of the residential Lots are to be held to the uniform standards set forth herein;
WHEREAS, these amendments have been approved by a majority of the property owners voting on a referendum to amend the Declarations;
WHEREAS, it is the intention of the Corporation that all of the lots identified above within Pine Ridge Units 1 through 6, inclusive, are subject to the Declarations as restated, and; 2
WHEREAS, these amendments, as set forth herein, are necessitated to ensure the above matters,
NOW, THEREFORE, Subdivider does hereby amend, unify and restate the Declarations to provide as follows:1.01 Use Restrictions
Each and every one of the Lots shall be known and described as residential Lots, and no structure shall be constructed or erected on any residential Lots other than one detached single family, site built dwelling not to exceed two stories in height, and accessory buildings thereto. No existing structure, nor any structure built or to be built, shall be partitioned for sale, lease or sublease, but may only be sold, leased or subleased in its entirety as a single family home.
Notwithstanding the foregoing paragraph, Lots 1, 2, 3, and 4 of Block 308, and Lots 4 and 5 of Block 309, all of Pine Ridge Unit Three, are authorized for commercial uses, as follows:
The commercial uses can only be in the nature of office, professional, financial/banks and other like or similar uses; and, Lots 4 and 5 of Block 309 are restricted to a total of 60,000 square feet of commercial use. Lots 7 and 8 of Block 311, and either Lot 1 or 2 of Block 312, all of Pine Ridge Unit Three, are authorized for use as drainage retention areas. Upon the submission of the Lots listed in this paragraph to the commercial deed restrictions, recorded at O.R. Book A42, Page 313, et seq., Public Records of Citrus County, Florida, as amended, said Lots shall be released from this Declaration.
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2.01 Setback Restrictions
On all Lots, no buildings shall be erected nearer than forty (40) feet to the front Lot lines of said Lots(on corner Lots no buildings shall be permitted nearer than forty (40) feet to both street Lot lines); not nearer than twenty-five (25) feet to any interior side Lot line; nor nearer than twenty-five (25) feet to the rear Lot line (the rear being opposite and most distant from the front Lot line having the least dimension on corner Lots). Screened swimming pool enclosures may be erected to within fifteen (15) feet of the side Lot line. Swimming pool enclosures may not be erected unless and until their location, and architectural design have been approved the Architectural Design Committee established in Section 9.01 herein. For the purpose of this covenant, eaves and steps shall not be considered as a part of a building provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot or easement.
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2.02 Fences
No fence shall be permitted within the front yard, except those constructed of post and boards, or post and rails, materials and style. Any such fence shall have two or more boards or rails, placed either horizontally or diagonally. Horizontal boards or rails must be spaced at least six (6) inches apart. No part of the fence may exceed four (4) feet in height except that if it is of a two-rail design the maximum distance between the rails shall be two (2) feet. Wire mesh fencing is permitted when fastened to the inside of such fences. The definitions for front, rear and side yards are as follows:
The term “front Lot line” is that boundary line of a Lot which is parallel with, and closest to, its street of address. The “side Lot lines” are those boundary lines of a Lot which extend away from the street of address for that Lot. The “rear house line” is one straight line which is drawn to extend from the rear of the residential structure to intersect with the side Lot lines. The “front
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yard” is that area encompassed by the front Lot line, the side Lot lines, and the rear house line unless otherwise defined in the Architectural Design Committee Criteria. The “backyard” is that area encompassed by the rear boundary line of a Lot, the side Lot lines, and the rear house line.
Decorative low walls, corner delineations, and special treatment of fence posts in the front yard shall be submitted for approval to the Architectural Design Committee.
No fence shall be permitted within the back yard which exceeds six (6) feet in height, except those constructed to encompass a tennis court or swimming pool. Fences that exceed four (4) feet high shall be of open style and not obstruct sight lines except where residential Lots are adjacent to commercial properties.
No barbed wire, razor wire, or other potentially harmful fence material shall be permitted to be erected on any Lot.
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2.03 When two or more Lots are used as one building site the setback restrictions set forth in Section 2.01 above shall apply to the exterior perimeter of the combined site. If the two Lots cease to be used as one building site, then the original Lot lines and deed restrictions shall remain in place on each of the two Lots.
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3.01 Residential Sites and Building Size Restrictions
No Lot as shown and encumbered hereby shall be divided or resubdivided unless both portions of said Lot be used to increase the size of an adjacent Lot or the adjacent Lots as platted. Divided portions of Lots must extend from fronting street to existing rear property line. Boundary line adjustments shall be permitted, for purposes of satisfying the setback requirements in these restrictions, by way of recorded easements.
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3.02 No main building on any Lot shall be constructed that is less than sixteen hundred (1600) square feet, except for the Lots specified in Addendum A for Unit Three which shall not have less than eighteen hundred (1800) square feet. Square footage calculations exclude porches, garages, carports, and other accessory buildings not completely enclosed and not intended as living quarters for humans. No two-story house on any Lot shall have a ground floor living area of less than twelve hundred (1200) square feet.
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3.03 Every structure placed on any Lot shall be constructed from new material, unless the use of other than new material shall have received the written approval of the Architectural Design Committee.
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3.04 Modular/ Manufactured Homes
A residential structure which is delivered to the site in assembled units, on wheels or on a trailer, such as but not limited to, mobile home, double wide home, manufactured or modular home, is not permitted to be placed on any Lot.
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4.01 Nuisances, Trash, Etc.
No noxious or offensive trade shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, without limitation, excessive noise.
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4.02 No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any Lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building may be used as a model home for a period of time exceeding forty (40) months from the date of the initial county building permit.
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4.03 No sign, flag, banner, pennant, poster, bulletin, streamer, or any device designed to communicate information or images shall be permitted to be displayed on any Lot, in any manner, except as follows:
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1. Only one sign, advertising the Lot “For Sale” may be displayed on any Lot, and only under the following conditions: The sign shall not exceed ninety-six (96) square inches in size; the sign must be placed on the outside of the house on one or two posts; the combined sign posts shall not exceed two (2) inches in diameter; no part of the sign shall exceed thirty-six (36) inches in height from the natural terrain; and, no sign shall include the price being asked for the property;
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2. Notwithstanding the foregoing paragraph:
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A. For so long as any Lot with a residential structure is being used as a model home, only one sign may be displayed on the Lot so long as the builder declares on the Architectural Design Committee application the home is to be used as a model home and includes the sign design with the submittal, and only under the following conditions: The sign face of two (2) sided signs shall not exceed two thousand (2,000) square inches on each side; the faces of three (3) or more sided signs shall not exceed a total combined area of two thousand (2,000) square inches. The sign may only be placed on one or two posts; the sign post(s) shall not exceed four (4) inches in diameter; no part of the sign or sign posts shall exceed sixty (60) inches in height from the natural terrain; and, the sign shall not be placed nearer than five (5) feet to any Lot line;
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B. For so long as any structure is in the course of construction, sign(s) identifying the contractor(s) performing the work shall be permitted under the following conditions: One builder’s sign shall be permitted per Lot so long as the sign is no larger than one thousand (1,000) square inches, excluding posts and rails; no part of the sign or sign posts shall exceed forty-eight (48) inches in height from the natural terrain. All other companies associated with the construction of the structure are each limited to one sign per Lot; The sign shall not exceed three hundred (300) square inches and shall be located in close proximity to the Builder’s sign, but no higher than thirty-six (36) inches above the natural terrain. No sign(s) shall be placed nearer than five (5) feet to any Lot line;
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3. No sign may be lighted without prior written approval by the Architectural Design Committee. Under no circumstances shall any sign be lighted with neon light(s), blinking light(s), or interior light(s);
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4. Governmental flags, not to exceed two (2) in number, may be displayed on any Lot. Flags shall be no larger than two thousand one hundred and sixty (2160) square inches (3’x 5′) and placed no closer than 5′- 0″ to any Lot line;
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5. Security signs and warning signs may be displayed on any Lot upon which a structure has been built in accordance with this Declaration;
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6. On any Lot upon which an individual resides, decorative, seasonal or holiday flags may be displayed in addition to the governmental flag(s).
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The Subdivider, assigns, or the Architectural Design Committee shall have the right to remove any signs, flags, banners, pennants, posters, bulletins or streamers which fail to comply with this Section 4.03.
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4.04 No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
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4.05 No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot except as follows: Dogs, cats and other household pets, horses and ponies, where specifically platted in the attached “Addendum B” of these Restrictions. However, dogs, cats and other household pets, horses and ponies shall not be kept, bred or maintained for any commercial purpose.
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4.06 Other than real property owned by Pine Ridge Property Owners Association, Inc. no horses or ponies shall be kept on any Lot that does not contain a residential building, except where two or more contiguous Lots are under the same ownership, one of which contains a residential building. For purposes of this paragraph only, two Lots shall be deemed contiguous if separated only by a horse trail owned by Pine Ridge Property Owners Association, Inc.
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4.07 No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, derelict vehicles or fixtures, and other waste shall not be allowed to accumulate and shall not be kept except in sanitary containers, which shall be maintained in a clean and sanitary condition. In the event that any such waste shall accumulate or be kept other than in sanitary containers, Pine Ridge Property Owners Association, Inc., as hereinafter described, shall have the right, but not the obligation, to remove such waste and to charge the owner or lessee of the Lot a reasonable sum therefore and the Corporation shall not thereby be deemed guilty of a trespass. The Corporation shall first, however, make a reasonable effort to notify the property owner. If said charge is not paid to the Corporation within thirty (30) days after a bill therefor is deposited in the mails addressed to the last known owner or lessee of the Lot at the address of the residence or building on said Lot, or at the address of the owner as shown in the tax records of Citrus County, Florida, then said sum shall become delinquent and shall become a lien to be collectible the same as other delinquent fees as set forth in Article 10.00 hereof.
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4.08 No mobile home, tractor-trailer, commercial tractor, truck of a rated weight of more than one (1) ton, or bus shall be permitted on any Lot or parked overnight on any streets or road right-of-ways. However, a recreational vehicle, motor home, travel trailer, implement trailer, livestock trailer, farm tractor, motorboat, houseboat, or similar water-borne vehicle may be parked overnight on any of the Lots, only upon the following conditions: The keeping of such vehicles or vessels shall be allowed if housed completely within a structure which has been approved by the Architectural Design Committee, or otherwise screened form public visibility as much as possible (as acceptable to the Architectural Design Committee).
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4.09 No lawn, fence, hedge, tree or landscaping feature on any of said Lots shall be allowed to become obnoxious, overgrown or unsightly in the sole reasonable judgment of the appointed Architectural Design Committee or its agent. In the obligation, to cut, trim or maintain said lawn, fence, hedge, tree or landscaping feature and to charge the owner or lessee of the Lot a reasonable sum therefore and the Corporation shall not thereby be deemed guilty of a trespass. The Corporation shall first, however, make a reasonable effort to notify the property owner. If said charge is not paid to the Corporation within thirty (30) days after a bill therefor is deposited in the mails addressed to the last known owner or lessee of the Lot at the address of the residence or building on said Lot, or at the address of the owner as shown in the tax records of Citrus County, Florida, then said sum shall become delinquent and shall become a lien to be collectible the same as other delinquent fees are set forth in Article 10.00 hereof. The Architectural Design Committee or its agent shall have the right, from time to time, to adopt reasonable rules, regulations and standards governing the conditions of lawns, fences, hedges, trees or landscaping features, in accordance with these restrictions.
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4.10 Except for official utility vehicles, on official utility business, no motorized vehicle shall be allowed upon the equestrian trails or the easements for utilities and drainage within Pine Ridge subdivision.
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4.11 Landscaping on Improved Lots
Within twelve (12) months of issuance of a County Certificate of Occupancy, all surfaces areas disturbed by construction activity shall be landscaped with plantings, grass, sod, mulch or ground cover, except that those areas subject to erosion shall be covered immediately. Areas used for the stabling of animals are excluded.
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5.01 Well Water
No individual well will be permitted on any Lot or tract within the properties encumbered hereby except for irrigation, sprinkler systems, swimming pools or air conditioning. This restriction shall be enforceable so long as a water utility system is operated to the satisfaction of the State of Florida, Department of Health and Rehabilitative Services.
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6.01 [Intentionally Deleted]
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7.01 Easements
All easements for utilities, drainage canals and other purposes shown on the plat of PINE RIDGE UNIT ONE, recorded in Plat Book 8, Pages 25 through 36, PINE RIDGE UNIT TWO, recorded in Plat Book 8, Pages 37 through 50, PINE RIDGE UNIT THREE,
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recorded in Plat Book 8, Pages 51 through 67, PINE RIDGE UNIT FOUR, recorded in Plat Book 14, Pages 87 through 88, PINE RIDGE UNIT FIVE, recorded in Plat Book 14, Pages 89 through 90, PINE RIDGE UNIT SIX, recorded in Plat Book 14, Pages 91 through 95, of the Public Records of Citrus County, Florida, are hereby reserved as perpetual easements for utilities, installations and maintenance. Any wall, fence, paving, planting or any other improvement located in an easement area shall be removed upon the request of the Subdivider, its successors or assigns, of any public utility using said area, all at the expense of the owner of such Lot or tract.
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8.01 Drainage
No changes in elevations of the land shall be made which will interfere with the drainage of or otherwise cause undue hardship to adjoining property.
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9.01 Architectural Design Committee
No residences, additions thereto, add-ons, accessory buildings, pools, fences, or any other structures, shall be erected, placed, constructed, altered or maintained upon any portion of any Lots, unless a complete set of plans and specifications therefor, including the exterior color scheme, together with a plot plan indicating the exact location on a building site, and a document assuring a construction completion date not to exceed twelve (12) months following the date of the initial county building permit, shall have previously been submitted to and approved in writing by the Architectural Design Committee appointed from time to time by Pine Ridge Property Owners Association, Inc., a non- profit Florida corporation (herein referred to as the “Corporation”) or its duly authorized subcommittee or agent, and a copy of such plans as finally approved is deposited and recorded by the Committee which holds a permanent record of the application with site plan. Said Committee shall consist of a minimum of two (2) persons, all of whom shall preferably be Members and residents of Pine Ridge the Subdivision. Such plans and specifications shall be submitted in writing and for approval, over the signature of the owner, on a fully completed Architectural Design Committee form, which shall be receipted therefor. The approval of said plans and specifications may be withheld, not only because of their noncompliance with any of the specific restrictions contained in this and other clauses of this Declaration, but also due to the reasonable dissatisfaction of the Committee or its agent with the grading plan, location of the structure on the building site, the engineering, color scheme, finish, design, proportions, architecture, shape, height, style or appropriateness of the proposed structure or altered structure, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon, or due to the Committee’s reasonable dissatisfaction with any or all matters or things which, in the reasonable judgment of the Committee or its agent, would render that proposed structure inharmonious or out of keeping with the general plan of improvement of the Subdivision or with the structures erected on other building sites in the immediate vicinity of the building site on which said structure is to be erected.
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9.02 The Committee shall be authorized to establish further reasonable rules and regulations for approval of plans as required by this Article and for approval or interpretation of other matters and things requiring the approval or interpretation of the Committee as otherwise set forth in these restrictions.
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9.03 The approval of the Committee for use on any Lot of any plans or specifications submitted for approval, as herein specified, shall not be deemed to be a waiver by the Committee of its right to object to any of the features or elements embodied in such plans or specifications if and when the same features or elements are embodied in any subsequent plans and specifications submitted for approval as herein provided, for use on other Lots.
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9.04 If, after such plans and specifications have been approved, any building, fence, wall or other structure or thing shall be altered, erected, placed or maintained upon the Lot otherwise than as approved by the Committee, such alteration, erection and maintenance shall be deemed to have been undertaken without the approval of the Committee ever having been obtained as required by these restrictions.
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9.05 Any agent or officer of the Corporation or the Design Committee may from time to time at any reasonable hour or hours, in the presence of the occupant thereof, enter and inspect any property subject to these restrictions as to its maintenance or improvement in compliance with the provisions hereof; and the Committee and/or any agent thereof shall not thereby be deemed guilty of any manner of trespass for such entry or inspection.
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9.06 For the purpose of making a search upon, or guaranteeing or insuring title to, or any lien on and/or interest in, any of said Lots and for the purpose of protecting purchasers and encumbrancers for value and in good faith as against the performance or non-performance of any of the acts in the restrictions authorized, permitted or to be approved by the Committee, the records of the Committee shall be prime facie evidence as to all matters shown by such records; and the assurance of a certificate of completion and compliance by the committee showing that the plans and specifications for the improvements or other matters herein provided for or authorized have been approved, and that said improvements have been made in accordance therewith, or of a certificate as to any matters relating to the Committee shall be prima facie evidence and shall fully justify and protect any title company or persons certifying, guaranteeing or insuring said title, or any lien thereof and/or any interest therein, and shall also fully protect any purchaser or encumbrancer in good faith and for value in acting thereon, as to all matters within the jurisdiction of the Committee. In any event, after the expiration of two (2) years from the date of the completion of construction for any structure, work, improvement or alteration, said structure, work, improvement or alteration shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all the provisions hereof, unless actual notice executed by the Committee of such noncompletion and/or noncompliance shall appear of record in the office of the Clerk of the Circuit Court of Citrus County, Florida, or legal proceeding shall have been instituted to enforce compliance with these restrictions.
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9.07 In the event the Committee or its duly authorized agent fails to take official action with respect to approval or disapproval of any such design or designs or location or any other matter or thing referred to herein, within thirty (30) days after being submitted and receipted for in writing, then such approval will not be required, provided that the design and locations on the Lot conform to and are in harmony with the existing structures on the Lots in this Subdivision. In any event, either with or without approval of the Committee or its agent, the size and setback requirements of residences shall conform with the requirements continued in these restrictions.
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9.08 Any act, decision or other thing which is required to be done or which may be done in accordance with the provisions of these restrictions by the Committee, may be done by the duly appointed agent or agents of the Committee, whose authority may be further delegated.
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10.01 Provisions for Fees for Maintenance and Upkeep
Each and every of said Lots which have been conveyed by warranty deed from the Subdivider or which has been leased form the Subdivider, except Lots dedicated reserved, taken or sold for public improvement or use, shall be subject to the service fees as are hereinafter provided. The entity responsible for the collection of the fees and for the disbursement of and accounting for the funds is the Pine Ridge Property Owners Association, Inc., a not for profit Florida corporation. The operation of the Corporation shall be governed by the Bylaws of the Corporation. The Bylaws may be amended in the manner provided for therein, but no amendment to said Bylaws shall be adopted which will effect or impair the validity or priority of any mortgage covering or encumbering any Lot or which would change Section 10.03 herein pertaining to the amount and fixing of fees.
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10.02 Every owner of said Lots, whether he or she has acquired the ownership by purchase, gift, conveyance, or transfer by operation of law, or otherwise, and every lessee who leases any of said Lots from the Subdivider shall be a member of the Corporation and shall be bound by the Certificate of Incorporation and Bylaws of the Corporation and these Deed Restrictions as they may exist form time to time. Membership shall consist of Class A membership only. Each Lot owner of a Lot so conveyed (deeded) shall automatically become a Member of this Corporation. Membership shall cease and terminate upon the sale, transfer or disposition of the Member’s Lot. Members shall be entitled to one vote in the affairs of the Corporation for each Lot, tract or parcel owned by said Member. In the event a Lot, tract or parcel is owned by more than one person, firm or corporation, the membership resulting thereto shall nevertheless have only one vote which shall be exercised by the owner or person designated in writing by the owners as the one entitled to cast the vote for the membership concerned.
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10.03 The annual fees to be paid to the Corporation for maintenance and upkeep as is further described herein for each and every said Lots subject thereto, shall be as follows:
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FEE SCHEDULE
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Neighborhood District1 Fee Factor Initial Fee
Country Club Estates Base Rate2 $ 79.20
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