AMENDED RESTATEMENT OF RESTRICTIONS
FOR ROTONDA WEST
KNOW ALL MEN BY THESE PRESENTS:
That heretofore, the original Declaration of Restrictions was recorded
in Official Record Book 322, at Page 443, et. seq., of the Public
Records of Charlotte County, Florida. That Declaration as it has
previously been amended, is hereby further amended and is restated in
WHEREAS, Cape Cave Corporation reserved unto itself and its assigns
the right to modify, amend, abrogate, add to or derogate from the
covenants and restrictions;
WHEREAS, Rotonda West Association, Inc., formerly known as Rotonda
West Waterway Maintenance Association (hereinafter referred to as
"Association") has requested this amendment and joins in this
WHEREAS, the Association does not join in the removal of St. Andrews
and the Core Area as hereafter defined from the property subject to
these Restrictions but does not object thereto.
THEREFORE, Cape Cave Corporation hereby amends the Restrictions and
declares that the property described in Item 4, Rotonda West, is and
shall be held, transferred, sold and conveyed and occupied subject to
the covenants, restrictions, easements, charges, and liens hereafter
terms hereinafter used in this instrument shall be defined as
Rotonda West Association, Inc.
Cape Cave Corporation, a Delaware
The person or persons, or any other
legal entity holding the fee simple title to any residential or
commercial lot/tract in the subdivision known as Rotonda West,
Florida, more particularly described in Paragraph 4 hereof.
The parcels of land into which the
property was divided as shown by the plat of the subdivision.
Any construction not otherwise
specifically described and including but not limited to parts and
additions to buildings, docks, sea walls, walls, fences and other
enclosures, as well as walks and driveways.
Canal banks, green belts, and
swales as shown on the plat of the subdivision, and such
additional areas as may be accepted by Association whether within
or outside the plat of the subdivision (Acceptance shall be by
written instrument recorded in the Public Records of Charlotte
Architectural Review Grantor/Developer may establish and from time to
time modify standards for the control of the design of all structures
and other work within the lands covered by these Restrictions.
Section 1. PURPOSE: The purpose of these Restrictions and
Architectural Review is to produce an orderly and desirable community
to protect and enhance property values in Rotonda West, Florida.
Section 2. NUMBER -GENDER: Whenever in this Declaration the context so
requires, the singular number shall include the plural, and the
converse; and the use of any gender shall be deemed to include both
Section 3. THE ASSOCIATION: Every owner of property in Rotonda West is
placed on notice that there is in existence a not for profit
corporation known as "The Rotonda West Association, Inc". All owners
shall be bound by the provisions of the Articles of Incorporation, the
By-Laws of said Association, and these Restrictions, as amended from
time to time and recorded in the Public Records of Charlotte County,
Section 4. ROTONDA WEST: The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration
is located in the sections of the Subdivisions of Rotonda West as
shown in the Plats thereof as: Rotonda Pinehurst recorded in Plat Book
number 8 at pages 12A through 12K; and Rotonda Pebble Beach recorded
in Plat Book number 8, pages 13A through 13L; and Rotonda Oakland
Hills recorded in Plat Book number 8, pages 15A through I5K and Plat
Book number 10 at page 3; and Rotonda Pine Valley recorded in Plat
Book number 8 pages 16A through 16K; and Rotonda White Marsh recorded
in Plat Book number 8 pages 17A through 17L; and Rotonda Broadmoor
recorded in Plat Book number 8 pages 18A through 18L; and Rotonda Long
Meadow recorded in Plat Book number 8 pages 19A through 19K; in the
Public Records of Charlotte County, Florida. Specifically excluded
from this Declaration and released from the restrictions previously
recorded concerning Rotonda West is the subdivision of Rotonda St.
Andrews recorded in Plat Book number 8 pages 21A through 21L and the
Core area, an un-designated parcel interior to Parade road.
Section 5. PLANS, SPECIFICATIONS AND ARCHITECTURAL REVIEW: All plans
and specifications including, but not limited to, new construction,
additions, alterations, modifications, exterior walls, fences, sheds,
boat docks, sea walls, bulkheads, grading, filling, dredging and
excavation, must first be approved by the Grantor/Developer or
Association to the extent the Association has been assigned review
rights. Refusal or approval of these plans and specifications by the
Grantor/Developer or Association, may be based on any grounds,
including purely aesthetic grounds.
(a) Grantor/Developer, in its
sole discretion, has assigned i ts review of building plans and
specifications and site plans to two architectural control
committees: 1) New Construction Committee (NCC) and 2) Residential
Modification Committee (RMC). The NCC shall be comprised of the
Grantor/Developer and at its absolute discretion such other person,
entity or people as Grantor/Developer chooses. The NCC shall review
all new construction of every type and description and modification
to all structures other than residential structures. The RMC shall
be comprised of no less than three (3) members to be named by the
Association. One (1) of the members shall be an active member of
the Deed Restriction Committee. A majority shall constitute a
quorum. A majority of the committee may designate a representative
to act for it. The RMC shall review all modifications of every type
to include residential structures actually used as residences and
not structures used as model homes, or builder's speculation houses
or housing structures owned by the Grantor/Developer.
(b) In order to insure that
the buildings and other structures on the Property will be
constructed and preserved according to high standards, no building
or other structure shall be erected, placed, remain or altered on
the Property until a set of plans and specifications including
working drawings, and a site plan showing the location of all
buildings or other structures, landscaping, parking spaces and
driveways, walkways, terraces, patios, walls,
fences, mailbox, utility
lines, property lines and setbacks are submitted to the
Grantor/Developer or Association and shown to meet the
requirements of these restrictions and all building, zoning,
plumbing, electrical and other codes in effect at the time of
construction or alteration of such building or structure. Refusal
of approval of plans and specifications by the Grantor/Developer
or Association may be based on any grounds including purely
aesthetic considerations in which Grantor/Developer or Association
has sole and uncontrolled discretion.
(c) Construction specifications
which the Grantor/Developer or Association may review include, but
are not limited to, roof pitch and materials, parking and driveway
cross sections, exterior materials and colors, the location of air
conditioning/heating systems and the location, design and color of
mailboxes, and such other construction specifications as the
Grantor/Developer or Association in its sole discretion deems
(d) Prior to approval of plans
and specifications, the building contractor to be employed in the
construction of the building and other structures must provide proof
of license to the Grantor/Developer or Association. Such building
contractor must be duly licensed to construct the proposed building
and other structures.
(e) No alteration in the
exterior appearance of any building or structure shall be made
without the prior written approval of the Grantor/Developer or
Association. This provision shall apply but not be limited to
repairs, alterations or modifications to any building or structure.
(f) Grantor/Developer or
Association reserves the right, but not the obligation, to inspect
construction as it proceeds in order to insure that the building
and other structures are being constructed according to the plans
and specifications and site plan. Such inspections, if undertaken
by the Grantor/Developer or Association, shall be solely for the
purpose of determining that construction is in compliance with the
approved plans and specifications, site plan and these deed
If inspections show that the
building is not being constructed in accordance with the approved
plans and specifications, the site plan or these deed
restrictions, then a letter shall be delivered to the contractor
with a copy of same to the owner setting forth said objections.
This letter shall be issued by the Grantor/Developer or
Association for deed restriction noncompliance. Upon receipt, the
work shall stop until the objections shall have been complied with
or resolved in writing. The issuance of a building permit or other
license or substantial completion of improvements which may be in
contravention of the plans and specifications, the site plan or
these restrictions, shall not prevent the Grantor/Developer or
Association from enforcing these provisions.
(g) New construction plans and
specifications and site plans and other drawings requiring approval
pursuant to the foregoing restriction shall be submitted in writing
and mailed by certified or registered United States mail, postage
prepaid, to NCC, CAPE CAVE CORPORATION, 4005 Cape Haze Drive, Cape
Haze, Florida 33947. Grantor/Developer or Association reserves the
right to change the address from time to time. Residential
modification plans and specifications, site plans and other drawings
shall be submitted in writing as noted above to: RMC, ROTONDA WEST
ASSOCIATION, INC., 3754 Cape Haze Drive, Rotonda West, FL 33947.
(h) The Grantor/Developer or
Association committee's approval or disapproval shall be in writing.
In the event the Grantor/Developer or Association committee, or its
designated representative fails to approve or disapprove the plans
and specifications and site plan within thirty (30) days after they
have been in receipt of it, approval shall be deemed to have been
(i) Permanent approved
additions to the home which match the color and texture and are
approved by the RMC, will not be construed as a shed even if used
(j) Non-liability. The review
and approval or disapproval of all plans and specifications
submitted for any proposed construction, improvement,
modification, alteration, or addition shall not be deemed approval
or certification of the proposed construction for structural
safety or conformance with building or other codes. The
Grantor/Developer, Association, Board of Directors, officers and
any members of the committees shall not be liable to any Owner or
any other person or entity for any loss, damage, or injury arising
out of or in any way connected with the performance or
nonperformance of the duties hereunder or the approval or
disapproval of any plans or specifications.
Section 6. CHARLOTTE COUNTY
RULES AND REGULATIONS: In addition to these Restrictions, property
usage shall conform to all Ordinances, Rules and Regulations of
Charlotte County, Florida, as amended from time to time.
(a) Each home/unit shall be
used as a home and for no other purpose, excluding builder's models
and speculation homes. No business or commercial activity shall be
conducted in or from any home including but not limited to
visitation of the home by clients, customers, suppliers or other
business invitees, or door-to-door solicitation of residents. This
restriction shall not be construed to prohibit any owner from
maintaining a personal or professional library in his home, from
keeping his personal business or professional records in his home,
from handling his personal, business or professional telephone calls
or written correspondence in and from his home, or conducting a "no
impact" home based business in and from his home. Such uses are
expressly declared customarily incident to residential use. Examples
of businesses which are prohibited and are considered "impact"
businesses are businesses or commercial activity or ventures that
create customer traffic to and from the home, create noise audible
from outside the home, or generate fumes or odors noticeable outside
the home, including but not limited to, a home day care, beauty
salon/barber, and animal breeding. This provision is a clarification
of an existing restriction and shall be retroactive to and effective
from the date of July 19, 1995, however any person in violation of
this amended provision on the date it is recorded in the Public
Record shall be given a grace period of up to ninety (90) days to
comply before enforcement action shall be commenced. In order to
avoid undue hardship the Board of Directors may, in its sole
discretion, extend the grace period once for up to an additional
ninety (90) days.
This prohibition to commercial use in a Single Family Residential
district shall not limit the ability of property owners to rent their
property but shall prohibit, inter alia, home occupations, and adult
congregate living facilities.
All homes shall have a house number that will be readily visible from
Mail boxes shall be installed according to the United States Postal
Service regulations and kept in good working order, repair and in a
neat and clean appearance.
Section 7. EXTERIOR WALLS AND FENCES:
(a) No wall or fence over four
(4) feet in height shall be erected on any lot between the rear lot
line and the rear of the structure. No wall or fence over six (6)
feet in height shall be erected on any lot. No walls or fences shall
extend toward the street, past the front of the structure. All walls
or fences regardless of height shall be approved by the NCC in the
case of fences for new homes and the RMC in the case of alteration
to existing fences or new fences for existing homes. All fence or
wall construction, design, height, location, color and materials are
subject to the guidelines as adopted from time to time by the
Grantor/Developer or the Association.
(b) Any fence or wall in
existence as of the date of this amendment is recorded in the public
record of Charlotte County, Florida shall be permitted to remain in
existence, ("grandfathered") provided that upon the removal of the
fence or wall or at such time that the fence or wall becomes more
than 50% destroyed or more than 50% of the fence or wall is to be
replaced for whatever reason, the fence or wall shall be removed in
its entirety and shall only be reconstructed or replaced in
conformance with this Section 7.
(c) Any existing fence or
wall may not be modified, altered, relocated or replaced without
written approval from the RMC.
Section 8. SHEDS: No
freestanding sheds, temporary storage units and or accessory
buildings shall be erected or placed on any lot. Any sheds in
existence as of July 19, 1995 shall be permitted to remain in
(a) Such nonconforming
sheds shall not be enlarged or moved. For such nonconforming
structure, only ordinary repairs and maintenance, including repair
or replacement of roof covering, walls, fixtures, wiring or
plumbing, shall be permitted. In no case shall such repairs include
structural alterations which would change the size, shape,
occupancy, character or use of a shed, unless such alteration
conforms with these restrictions.
(b) If any such nonconforming
structure is destroyed to an extent of more than fifty (50%) percent
of its replacement cost, it shall not be reconstructed .
(c) If property is sold, shed must be removed.
Section 9. SQUARE FOOTAGE AND GARAGES: All single family residences
or multifamily units constructed after the date of these amended
restatement of restrictions within the single-family zoned areas of
Rotonda West shall comply as follows:
(a) Single Family residences
within the single-family or multi-family zoned areas of Rotonda West
shall have no less than sixteen hundred (1600) square feet of living
area. All single-family residences shall have a two car or more,
fully enclosed garage measuring at least 400 square feet with a
minimum 16 foot wide garage door, or two eight (8') foot wide doors.
(b) Residential multi-family
zoned duplex units shall have a minimum living area of one
thousand (1,000) square feet per unit. Each duplex unit shall have
a one car or more fully enclosed garage , measuring at least two
hundred ( 200') square feet with a minimum eight
(8') foot wide garage door.
(c) Residential multi-family
zoned tri-plex units shall have a minimum living area of eight
hundred (800') square feet per unit. Each tri-plex unit shall have a
one car or more fully enclosed garage measuring at least two hundred
(200') square feet with a minimum eight foot (8') wide garage door.
(d) Residential multi-family
zoned buildings consisting of (four) 4 or more units shall have a
minimum living area of eight hundred (800') square feet per unit.
Each multi-family unit shall have a one car or more fully enclosed
garage measuring at least two hundred (200') square feet with a
minimum eight foot (8') wide garage door.
(e) All of the above square
footage are exclusive of open porches, lanai's and garages.
(f) Detached garages may be
allowed on residential single family or multi-family zoned property.
Approval shall be on a case by case basis according to the
guidelines as adopted from time to time. Any such garage shall
conform to the existing residential structure in roof pitch, roofing
materials, exterior finish, size and exterior color and overall
compatibility that is acceptable to the Grantor/Developer or the
(g) No carports of any type
shall be allowed on any residential single or multi-family zoned
Section 10 SIDEWALKS: When needed in the high density multiple
dwelling, commercial, and school areas, the Grantor/Developer at its
sole discretion shall require lot owners, at the lot owners own
expense, to construct sidewalks to County specifications along the
right-of-way abutting respective lots and such construction will be
required only in conjunction with construction of buildings on the
respective lots. In the event a separation of not in excess of 400
feet shall occur between sections of sidewalk, Grantor/Developer may
construct the same assessing the cost of construction to the abutting
Section 11. ANTENNAS AND RECEPTION OR TRANSMISSION DEVICES:
(a) Location and type of any
outside antennas, poles, masts, towers or like devices used for
reception or transmission shall be first approved by the
Association, except for TV antennas which extend less than eight
(8') feet from the roof peak and one meter or less in diameter roof
or wall mounted satellite dishes which are exempt.
(b) Any electrical or other
interference with the proper operation of any electrical device in
the surrounding area installed in accordance with these restrictions
which may result from the installation of any device with the
approval of the Association shall be corrected at the cost and
expense of the owner of the land on which the device is located, and
if such interference cannot be properly corrected, the owner of the
offending device shall remove the same within ten (10) days after
written notice from the Association at the owners' sole expense.
(c) In addition to the
restrictions contained herein the Board of Directors may a dopt
rules regarding the location of the satellite dishes and reception
devices as long as the rules do not
(1) unreasonably delay or
prevent installation, maintenance or use; (2) unreasonably increase
the cost of installation, maintenance or use; (3) or p reclude
reception of an acceptable quality signal.
(d) Any antenna in existence as
of the date of recording this amendment in the public record of
Charlotte County, Florida shall be permitted to remain in existence
(i) Any such existing antenna
may not be modified, altered, relocated or replaced without written
approval from the RMC.
(ii) If any such existing
antenna is removed or destroyed to an extent of more than fifty
(50%) percent of its replacement cost it shall not be reconstructed
except in conformity with these restrictions.
Section 12. PETS -ANIMALS: Only pets of a normal domesticated
household type (such as cats, dogs, rabbits, fish, and birds) are
permitted. No reptiles, monkeys, rodents, amphibians, poultry, horses,
cows, swine or livestock may be kept on the properties. Pets must be
carried, leashed or otherwise restrained at all times when not on a
Lot or outside of a Residence. No pets shall be permitted to roam
freely. The ability to keep pets is a privilege, not a right, and the
Board of Directors is empowered to order and enforce the removal of
any pet that, in its sole and exclusive discretion, becomes a source
of annoyance to other residents or endangers the health, safety and
welfare of resident. Commercial activities involving pets, including
but not limited to breeding for sale, is prohibited. All pets shall be
licensed by the appropriate State or local authorities. Each homeowner
shall immediately remove their pets feces from Lots and Common Areas.
Section 13. NUISANCE: Nothing shall be done which is or may become an
unreasonable annoyance or nuisance to any person or which would not be
consistent with the maintenance of the highest standards for a first
class residential community. No obnoxious, unpleasant or offensive
activity shall be carried on, nor shall anything be done which can be
reasonably construed to constitute a nuisance, public or private in
nature. Any question with regard to the interpretation of this section
shall be decided by the Association, whose decision shall be final.
The use of each home shall be consistent with existing leases and the
governing documents, and occupants shall at all times conduct
themselves in a peaceful and orderly manner. No solicitation will be
allowed at any time within the community.
Section 14. LAWNS - LANDSCAPING:
(a) Any developed or improved
lot containing a structure, as defined herein, shall be maintained
so that the lawn shall not exceed a height of eight (8) inches
including weeds. No underbrush or other unsightly growth shall be
permitted to grow or remain upon any such lot. All lawns,
landscaping and sprinkler systems and any such property, structure,
improvements and appurtenances shall be kept in a safe, clean,
orderly and attractive condition.
(b) Any undeveloped or
unimproved lot not containing a structure shall be maintained so
that no refuse or unsightly objects shall be placed or allowed to
remain on the property and the lot
shall otherwise be maintained in compliance with local government
ordinances and regulations regarding the maintenance of natural
vegetation. The Association shall mow the undeveloped lots, which
expense shall be a common expense of the Association pursuant to
Section 24 hereof.
Section 15. CLOTHES DRYING: Outdoor clothes drying shall be in a
sight-screened area so as to not be readily visible. No clothes drying
shall be allowed in the front of a house or the sides of a house that
face the street. This amendment is deemed a clarification of the
existing restriction and is retroactive to the original date of
recording the amendment to the Deed Restrictions that required
site-screening which is July 19, 1995. This amendment will become
effective upon being recorded in the Public Record of Charlotte
Section 16. TRASH -GARBAGE -OUTSIDE EQUIPMENT: All garbage and trash
containers, bottled gas tanks, swimming pool equipment, sprinkler
pumps and any other such outdoor equipment shall be placed in a
sight-screen or fenced area so that they shall not be readily visible.
This amendment will become effective upon being recorded in the Public
Record of Charlotte County, Florida. Existing conditions prior to that
date shall be permitted to remain existence provided that when such
equipment is replaced or property is sold the conditions must be
corrected to conform to this amendment.
Section 17. MAINTENANCE AND IMPROVEMENTS WITHIN CANAL AREA: When a
lot which borders a canal is improved with a residence, it is the
Property Owner's responsibility, to also finish grade, sod and mow the
area between any property line and the waters edge of the canal; The
sodding is required to prevent soil erosion without impairing
maintenance access to the common area. The finished grade shall be in
compliance with the RWA Publication GRADE FOR CANAL FRONT LOTS. RWA #
A/CB100 or any subsequent publication which may be adopted or revised
from time to time. The result will be a gentle slope extending from
the edge of the canal to blend into the yard. This will enhance the
view of the canal and significantly ease canal bank maintenance.
finished slope shall be subject to the Association's approval as to
change in elevation. The Association has the right to maintain the
areas which lie between the owners lot line and the waters edge of all
canals within Rotonda West. No Property Owner shall improve, other
than finish grading, and sodding, the canal bank area with structures,
fences, planting or any other improvements without the written
approval from the Association and no improvement shall be permitted
which shall inhibit or prevent the Association from discharging its
responsibilities to maintain the canal area.
Association reserves the right to remove, at Owners expense, any
improvement which lies within the canal area and, in the sole judgment
of the Association, inhibits or prevents the Association from
discharging its right and responsibility to maintain the canal area.
Association may grant approval of request to improve the canal area
under the following terms and conditions:
(a) Docks - Landing Platforms -
Sea walls - Bulkheads: Docks, boat landing platforms without cover,
and sea walls shall be permitted provided the construction
specifications are approved by the Association and provided that no
improvements shall be permitted to extend more than four (4) feet
from waters edge or more than 10% of the width of the water,
whichever is less. Water's edge shall be measured at a water level
of 3.0 feet above mean sea level. No structure or mooring shall be
placed within fifteen (15) feet from each extended side lot line.
Docks and Landing platforms shall not exceed a maximum length (along
the canal bank) of 24 ft. and a width of 8 ft. including that
portion extending over the waters edge.
(b) Landscaping - Sprinkler
Systems -Other Improvements: The Association may permit
landscaping, grading, filling, dredging, excavation, sprinkler
systems and certain other improvements provided the Owner
maintains the improvements with the stipulation that if the
improvements are not being maintained, in the sole judgment of the
Association, the Association shall be permitted to either maintain
the improvements or remove the improvements at owner's expense.
Section 18. BOATS: No boats
shall be anchored offshore in the waterways when not in use. All
boats shall be moored as closely adjacent to the bank as possible
so that navigation of the waterways will not be impeded. No boat
is permitted to be placed or stored in Rotonda West unless same is
fully enclosed in a garage, or placed on the bank of the
waterways. It is distinctly understood that the use of the
waterways, in any manner, is to be at the risk of the member of
the Association. Neither the Grantor/Developer nor the Association
shall be liable for damages or injury resulting from the use of
the waterways in any manner. Any damage or injury to others as a
result of any action or activity from any member or his guest is
the sole responsibility of the member.
(a) The owner of any boat or
other water craft which shall sink or be partially submerged and
inoperable in any waterway in Rotonda West shall immediately be
removed from the waterway by the owner. Failure to do so after five
(5) days notice in writing, the Association shall remove or cause
the same to be removed and the cost and expense of such removal
shall be assessed against any lot or lots in Rotonda West which may
be owned by the owner of the boat or other water craft.
(b) All boats or other water
craft using the waterways shall observe the "NO WAKE" restriction.
Section 19. SIGNS:
(a) No signs freestanding or
otherwise shall be displayed on any single family or multifamily
zoned lot or in any road right-of way in Rotonda West, without the
prior written approval from the Association. Any approval shall be
based on the review of the proposed sign specifications by the
Association. Such review specifications, as adopted from time to
time by the Association, shall include, but are not limited to
size, design, material, color, location and installation method.
(i) Effective six (6) months
after the recording of these amendments in the public record of
Charlotte County, Florida, all "For Sale" or "For Rent" and other
signs of like purpose displayed on any single family or
multi-family zoned lot shall be limited to a main body size of
twelve (12) inches by eighteen (18) inches or less. There shall be
no more than one sign displayed on any single family or
(ii) All signs shall be
located so as not to obstruct any vehicle driver's view of the
street, road or intersection.
(iii) Sign location shall be
restricted to the front of the property and may not face any lake,
pond, canal or golf course.
(iv) The property owner, or
owner's agent, shall maintain the approved sign in good working
order and legibility including mowing any grassy area around the
sign. Should the sign or the area around the sign not be
maintained, and after written notice to the owner or owner's
agent, the Association shall have the authority to enter on the
lot and remove the non-maintained sign.
(v) The Association shall
have the authority to enter on the lot and remove any non-approved
sign or sign that is not in an approved location.
(b) No signs, freestanding or
otherwise shall be displayed on any commercially zoned lot or road
right-of-way in Rotonda West without the prior written approval
from the Grantor/Developer. Further, no signs free standing or
otherwise, that are used by properly licensed builders or general
contractors for homes constructed and actively utilized as model
homes or speculative homes on any lot in Rotonda West, regardless
of zoning, shall be displayed without the prior written approval
from the Grantor/Developer.
(i) Any approval shall be
based on the review of the proposed sign specifications by the
Grantor/Developer. Such review specifications, as adopted from
time to time by the Grantor/Developer, shall include, but are not
limited to, size, design, material, color, location and
(ii) The property owner, or
owner's agent, shall maintain the approved sign in good working
order and legibility including mowing any grassy area around the
sign. Should the sign or the area around the sign not be
maintained, and after written notice to the owner or owner's
agent, the Grantor/Developer shall have the authority to enter on
the lot and remove the non-maintained sign. Such action shall
only occur after reasonable notice of at least five (5) days to
the owner or the entity or person listed on the sign. All owners
hereby consent to entry upon their Lot for such purpose and agree
that same shall not be deemed a trespass. The Grantor/Developer
shall, at its option, return the sign or hold it to be picked up
by the owner or entity or person listed on the sign. Any sign
picked up within thirty (30) days shall be deemed abandoned and
may be discarded by the Association without further notice.
(iii) The Grantor/Developer shall have the authority to enter on the
lot and remove any non-approved sign or sign that is not in an
approved location according to the same procedures described in (ii)
Section 20. GARAGE OR LAWN SALES: Garage or Lawn sales are not to
exceed three (3) days duration and conducted no more than twice in
each calendar year. Signs advertising such event shall only be placed
on property approved by the Association and shall be removed at the
conclusion of the sale.
Section 21 VEHICLES & PARKING:
(a) Vehicles are defined as,
but not limited to, automobiles, pick-up trucks, vans, sport utility
vehicles (SUV), trucks, tractor-trailer rigs, motor homes, trailer
homes, campers, trailers, boats, motorcycles, all terrain vehicles
(ATV), golf carts, recreational vehicles or other types of
transportation dev ices that may be defined as vehicles at the sole
discretion of the Association and without regard to any other
definition established by any government authority or the
(b) All vehicles, other than
automobiles, pick-up trucks, SUV's, vans, motorcycles, privately
owned commercial vehicles less than 3/4 ton or other vehicles as may
be approved from time to time at the sole discretion of the
Grantor/Developer or Association must be parked in a fully enclosed
(c) No vehicle may be parked
on any lawn, road right of way, easement or vacant lot, except:
(i) On a temporary basis, not
to exceed 12 hours, and only for the necessaryconstruction, repair
or maintenance of an improved or vacant lot.
(d) Any vehicle not required
to park in a garage must park on a driveway. A driveway is defined
as a concrete surface that provides continuous access to a garage
except for expanded driveways as herein provided.
(i) Existing single lane
driveways leading to an existing one car garage in a single family
residence may be expanded with a stone, shell or concrete driveway
with the written approval of the RMC. All other driveways must be
constructed of concrete.
(ii) At those home sites
where a single car garage and a non-expanded single lane driveway
co-exist, additional vehicles may only be parked in tandem, in a
single lane wide strip on the front lawn immediately adjacent and
parallel to the existing driveway.
(iii) At home sites with a two (2) car garage and/or two (2) car wide
driveways, parking off the driveway is prohibited.
(iv) Un-licensed and
inoperable vehicles must be stored in a garage.
(v) Any vehicle repair and
maintenance exceeding 3 hours in length must take place in a garage.
(iv) No vehicle may be used as
a domicile or residence even on a temporary basis.
Section 22. THREE (3) DAY VEHICLE PASS: In order to alleviate any
hardship upon any property owner, or occupant of the property, a pass
may be issued by the Association allowing a vehicle to be parked in a
driveway overnight for the convenience of loading or unloading a boat,
motor home, camper or camper trailer. The pass may not exceed three
days. This pass must be obtained in advance before any o f the above
is parked or placed on the property. A pass will be issued only to the
occupant living in the property. Repeated violations or abuses may
result in the suspension of the right to obtain any pass for a person,
address or vehicle. No more than two passes in a thirty day period
will be issued.
Section 23. OWNERS' RESPONSIBILITIES: All owners shall be responsible
for any and all violations of these Restrictions by their tenants,
guests and by guest of the tenants.
(a) Each owner in Rotonda West
shall be required to connect to a central sewage and water system at
the time of construction.
(b) In the event it shall
become necessary to enforce any or all of the terms of these
Restrictions in a court of competent jurisdiction, the prevailing
part in such litigation shall be entitled to an award of all
attorney fees and costs associated with such action including
Section 24. ASSOCIATION
MEMBERSHIP AND ASSESSMENTS: Membership in Rotonda West
Association, Inc., formerly Rotonda West Waterway Maintenance
Association, Inc., shall be automatic and mandatory for owners of
property in Rotonda West who are subject to these Restrictions.
Membership shall be limited to those owners whose property is
subject to Annual and Special Assessment. Annual charges and
special assessments levied by the Association shall be used for
maintenance of the Rotonda West waterway system, drainage system,
the easement areas related to waterway and drainage purposes,
enforcement of these Restrictions, maintenance of real and
personal property owned by the Association and such other uses
consistent with these Restrictions and the Articles of
Incorporation and Bylaws of the Association. The Association shall
have a lien securing all unpaid assessments, charges, costs,
fines, fees and other amounts properly levied against the owner's
(a) All owners of property in
Rotonda West as defined in Paragraph 4, herein agree, upon
acceptance of the deed to their respective lots, whether or not it
shall be so stated in the deed or other conveyance, to pay to the
Association the assessments levied against their property.
Assessments shall not be
levied against any lot that cannot be developed.
(b) The Board of Directors may
increase an annual assessment by not more than fifteen (15%) percent
of the current calendar year's assessment. Any such proposed
increase greater than the above must be approved by more than fifty
(50%) percent of the members voting, in person or by absentee
voting, at a special or regular membership meeting called for that
purpose. The Board of Directors shall not be limited in decreasing
(c) Notice shall be delivered
or mailed by the Association to the lot owner, setting forth the
annual and/or special assessment. All documents, correspondence and
notices relating to the assessments shall be mailed to the address
that appears on the books of the Association. Failure of a lot owner
or unit owner to receive a statement for the assessments shall not
owner of the obligation to pay the amount due by the due date.
Requests for changes in the mailing address of property owners as
shown on the books of the Association must be in writing. The lot
owner shall have sixty (60) days from the billing date to pay the
(i) Any assessment payment not
received within thirty (30) days after the due date shall be termed
(ii) At the time an assessment
becomes delinquent, an administrative fee of fifteen ($15.00) per
assessment will be added to the account.
(iii) At the time an assessment becomes delinquent, a notice of
delinquency shall be mailed to the owner by certified or registered
return receipt mail which notice shall include the amount of the
delinquent payment, the late charge, the cost of the certified or
registered mail, and the total amount remaining unpaid.
(iv) If within Sixty (60)
days of the delinquency date the account still remains delinquent,
a list of the property(ies) in question and the name(s) of the
owner(s) shall be turned over to the counsel for the Association,
who shall cause lien(s) to be recorded and
shall take other appropriate
(v) If a lien is placed on a
property, interest at the rate ofeighteen (18%percent) per annum
will be calculated as of the date of the delinquency, and will be
added to the Assessment and other charges.
(vi) The Association shall have
the right to place a lien on the subject property for any unpaid
assessments with interest and charges, fines, late fees, costs and
for reasonable attorney's fees incurred by the Association which are
incident to the collection of the assessment or enforcement of the
lien, and attendant fees incurred by the Association incident to the
collection of the assessment. The lien shall be a continuing lien
and shall secure assessments, charges, fines, costs, fees and
interest accruing after the recording of the lien until all such
amounts are paid in full.
Upon payment in full thereof, the Association shall execute a proper
recordable Satisfaction of the Lien. The recorded Satisfaction of Lien
shall be sent to the owner.
(d) Each annual and/or
special assessment, and any interest thereon and reasonable court
costs and legal fees expended in collection thereof, shall from
the date it is due or expended constitute a Lien on the land with
respect to which it is due, and shall also be the personal
obligation of the owner of such property at the time such
assessment fell due.
(e)The Association may take
such action as it deems necessary to collect overdue annual and/or
special assessments by personal action or by enforcing and
foreclosing any Lien and it may negotiate disputed claims or Liens
and settle or compromise claims. All payments received and not
containing a restrictive endorsement or other similar purported
limitation shall first be applied to interest, late fees, costs,
attorney's fees, charges, fines and then to the oldest outstanding
unpaid assessment. The Association shall be entitled to bid at any
sale held pursuant to a suit to foreclose a Lien and to apply as a
cash credit against its bid, all sums due it covered by the Lien
foreclosed. In the case of such foreclosure, the lot owner shall
be required to pay reasonable rent, and the plaintiff in such
foreclosure action shall be entitled to the appointment of a
receiver to collect the same.
(f) Any person who acquires
an interest in a lot, except through foreclosure of an
institutional first mortgage of record (or a deed in lieu
thereof), including purchasers at judicial
sales, shall not be entitled
to occupancy of the lot until such time as all unpaid annual
and/or special assessments due and owing as provided herein by the
former lot owner have been paid in full.
(g) The Association shall have
the right to assign its claim and Lien rights for the recovery of
any unpaid annual and/or special assessments to any lot owner or
group of lot owners or to any third party.
(h) The purchasers or lessees
of Rotonda West Property by the acceptance of deeds or leases
therefore, whether from Grantor/Developer or subsequent owners or
lessees of such lots, shall become personally obligated to pay such
annual and/or special assessment, including interest, as provided
for herein, upon lots purchased by them, and if payment is not made
as provided for herein, said annual and/or special assessments shall
constitute a Lien on the lot as otherwise provided for herein, and
the Association shall have and retain the right or power to bring
all actions for the collection of such annual and/or special
assessments, including interest thereon, and for the enforcement of
the Liens securing same. Such right and power shall continue in the
Association, and its assigns and such obligation is to run with the
land so that the successors or owners of record of any portion of
the Rotonda West property shall in turn become personally liable for
the payment of such fees and interest which shall have become due
during their ownership thereof.
(i) Grantor/Developer shall be
obligated to pay the annual and/or special assessments to the
Association for all lots Grantor/Developer owns which are subject to
(j) No owner or lessee of
Rotonda West Property shall be excused from the payment of the
annual and/or special assessments provided for herein because of his
or her failure to use any of the Rotonda West facilities to be
maintained or improved.
(k) Reference herein to the
annual and/or special assessments shall include such reasonable
collection expenses, court costs and attorney's fees as may be
expended in the collection of any such annual and/or special
(l) Members of the Association
shall be entitled to one (1) vote in the affairs of such Association
for each lot held in title by said members. The Grantor/Developer
shall have a total of one (1) vote.
Section 25. RIGHTS OF GRANTOR/DEVELOPER:
(a) Grantor/Developer shall
have, and does hereby reserve, the right to locate, erect,
construct, maintain and use, or authorize the location, erection,
construction, maintenance and
the use of drains, sanitary
storm sewers, water mains, electric and telephone lines and other
utilities, and to give or grant a five foot right-of-way or
easement therefore bordering any lot line.
(b) Rights of ingress and
egress to the property for purposes of installing promised
improvements are retained by the Grantor/Developer.
(c) The Grantor/Developer
reserves the right to release in whole or in part any restriction or
reservation hereunder. The Grantor/Developer further reserves the
right to include in any contract or deed hereafter made any
additional restrictive covenants not inconsistent with these herein
(d) Any or all rights and
reservations of the Grantor/Developer hereunder, including but not
limited to the affirmative rights, may be transferred or assigned by
the Grantor/Developer to the Association or similar corporate or
non-corporate organization whose purpose it is to provide for the
welfare of the residents of this subdivision.
(e) The Grantor/Developer may,
in its sole discretion, modify, amend, abrogate, add to, or derogate
from the covenants and restrictions herein provided. In the event
Grantor/Developer shall transfer or assign all of the rights and
reservations contained herein to the Association or other such
organization as provided in 25 (d), then such right to modify,
amend, abrogate, add to, or derogate from the covenants and
restrictions herein shall also become vested in the assignee as
Section 26. COVENANTS - RESTRICTIONS: The foregoing covenants and
restrictions which shall run with the land and which shall be binding
upon all owners, their heirs and assigns, shall be deemed for the
benefit of all the lands in the Subdivision of Rotonda West and they
shall be and remain in full force for fifty (50) years from the 1st
day of January, 1970, at which time they shall be automatically
extended for successive periods of ten (10) years, unless by vote of a
majority of the owners of the lots of the Subdivision it is agreed to
change them in whole or in part.
Section 27. DURATION OF DECLARATION: This DECLARATION OF RESTRICTIONS
shall continue in effect until terminated, amended, or abrogated. The
covenants and restrictions herein shall also become vested in the
assignee as transferee of the Grantor/Developer.
Section 28. WATERWAY DISTRICT: In the event a waterway maintenance
district or other method of providing waterway maintenance for Rotonda
West is created or established, the Association shall survive the
creation of the District.
Section 29. CONFLICT -INCONSISTENCY: In the event of any conflict,
inconsistency, or incongruity between the provisions of this
Restatement and any provisions of the prior recorded Declaration of
Restrictions, as heretofore amended, the provisions of this
Restatement shall in all respects govern and control.
Section 30. COMPLIANCE: Every owner, tenant and occupant shall comply
with these Restrictions and Covenants as set forth herein and any and
all changes from time to time that may be made by the
Section 31. DEED RESTRICTION ENFORCEMENT: All owners shall be
responsible for any and all violations of these Restrictions by their
tenants, guests and by guests of the tenants. Failure of a Member, or
a member's guest, or a tenant's guest to comply with any Covenants
and/or Deed Restrictions shall be grounds for immediate action. Such
action will include without limitation an action to recover sums due
for fines, damages, injunctive relief, or any combination thereof and
for recovery of reasonable attorney's fees, including lien filing and
other appellate fees and costs as provided by Florida Statute 720.305.
(a) VIOLATION REPORT RECEIPT
AND INITIAL INVESTIGATION: The violation report will be recorded and
investigated but no action is taken if it is deemed a casual
violation. A "casual violation" is defined as a violation by a
member that has no documented violations within the past six (6)
months and that when the violation is re-investigated following the
initial investigation has been corrected.
(b) INITIAL VIOLATION
NOTIFICATION: Owner is notified in writing that a violation of Deed
Restrictions exists. Owner is given ten (10) days to cure the
violation. A copy of the letter is entered into the association data
(c) FINAL VIOLATION
NOTIFICATION: If the violation is not cured after ten (10) days of
the issuance of this notification letter a second Certified letter
will be sent informing the owner/violator that if the violation is
not cured in seven (7) calendar days they shall be subject to a
fine, suspension and/or legal action.
(d) COMPLIANCE AND DEFAULT
REMEDIES. In addition to the remedies provided in elsewhere, the
following shall apply:
(i) Fines; Suspensions. The
Board of Directors may levy fines and/orsuspensions against
members, or members' tenants or guests, or both, who commit
violations of Chapter 720, Florida Statutes, the provisions of the
governing documents, or the rules and regulations, or who condone
such violations by their family members, guests or lessees. Fines
shall be in amounts
deemed necessary by the Board
to deter future violations, but in no event shall any fine for a
single violation exceed the maximum amount allowed by law
(currently $100 per single violation). A fine may be levied on the
basis of each day of continuing violation, with a single notice
and opportunity for hearing, except that no such fine shall exceed
$5,000.00 in the aggregate. Suspensions for the use of common area
and facilities may also be imposed for a reasonable period of time
to deter future violations. The procedure for imposing fines or
suspending use rights shall be as provided in Sections (ii-iv)
(ii) Notice. The party
against whom the fine and/or suspension is levied or imposed shall
be given fourteen (14) days notice of the fine or suspension
before either goes into effect (the "Effective Date"). The Notice
shall include the following:
(1) A specific designation of
the provisions of Chapter 720, Florida Statutes, the governing
documents or the rules which have been violated.
(2) A short plain statement
of the specific facts giving rise to the violation(s).
(3)The amounts of the fine and/or use rights of common areas or
(4) The Effective Date of the
fine or suspension which said date shall be at least fourteen (14)
days from the date of Notice.
(5) Notice that the party may
request a hearing before the Compliance Committee to review and
approve or disapprove the fine. A party must request a hearing in
writing and deliver the request before the Effective Date of the
fine or suspension or the right to a hearing is deemed waived and
the fine or suspension shall stand. Any request for a hearing
shall not be deemed delivered until physically received. Hearing
requests postmarked on or before the Effective Date but physically
received after the Effective Date shall be deemed delivered late.
(iii) Hearing. If a party
properly requests a hearing then reasonable notice of the hearing
shall be given not less than fourteen (14) days before the
hearing. The hearing notice shall include the date, time and
location of the hearing, as well as items (1), (2), and (3) above.
At the hearing the party against whom the fine and/or suspensions
may be levied may be represented if he or she so chooses at his or
her own expense and shall be afforded a reasonable opportunity to
respond, to present evidence, and to provide written and oral
argument on all issues involved, and to review, challenge, and
respond to any evidence or testimony presented by the Association.
The hearing shall be conducted before the Compliance Committee as
provided below. If the Compliance Committee, by majority vote,
does not agree with the proposed fine and/or suspension, it
may not be levied or imposed.
If the Compliance Committee agrees with the proposed fine and/or
suspensions, the Board of Directors shall levy same.
(iv) Collection of Fines. Any
fine not paid within thirty (30) days shall become a lien on the
Lot or unit of the owner or member who owes the fine. Said lien
may be foreclosed in the same manner as a lien for assessments as
provided for in the Declaration. The fine shall also be a personal
obligation of the person fined.
(e) Correction of Health and
Safety Hazards. Any violations of the Association covenants,
restrictions or rules which creates conditions of the property which
are deemed by the Board of Directors to be a hazard to the public
health or safety may be dealt with immediately as an emergency
matter by the Association, and cost thereof shall be charged to the
(i) Compliance Committee
Formation. A Compliance Committee shall be formed of not more than
fourteen (14) residents. These residents may not be officers,
directors or employees of the association, or spouse, parent, child,
brother or sister of an officer, director or employee or related to
the owner/violator. Each Subdivision shall have one (1)
representative and one (1) alternate. Five residents will generally
sit on the committee at any given hearing, however, three (3)
members will constitute a quorum. The resident who resides in the
same subdivision as the violator will be excused to keep the hearing
as objective as possible. The residents who compromise the
Compliance Committee will be appointed by the RWA Board of
(ii) Compliance Committee
Authority. The Compliance Committee appointed by the RWA Board of
Directors will hear both the violator's concerns as well as concerns
from the RWA Management. The Compliance Committee will have the
authority to stipulate the "grace period" for curing the violations
without fines. (No more than ten (10) days.) However, if the
violation is not cured by the agreed "grace period" time the fine
will be retroactive to the date of the initial effective date of the
Section 32. SUBORDINATION OF THE LIEN: The lien of the Assessment
provided for in this Declaration shall be a lien superior to all other
liens save and except tax liens and mortgage liens, provided said
mortgage liens are first liens against the property encumbered
thereby, and secure indebtedness to an institutional lender. In the
event that any mortgage in favor of an institutional lender (which
mortgage encumbers all or part of a lot or unit and was recorded prior
to recordation by the applicable Association of a claim of lien) is
foreclosed or title is transferred to said institutional lender by a
deed in lieu of foreclosure, any purchaser at a foreclosure sale or
the lender or its nominee through a deed in lieu or foreclosure, any
purchaser at a foreclosure sale or the lender or its nominee through a
deed in lieu or foreclosure, and all persons claiming by, through or
under such purchaser or mortgagee, shall not be liable for the payment
of a prior Assessment , amounts, charges, costs, interest, feesor fine
but shall hold title subject to the liability and lien of any
Assessment coming due after such foreclosure, or transfer or title
pursuant to a deed in lieu of foreclosure.
Section 33. In any case not herein otherwise specifically provided
for, where the Association shall be required, for the safety and
betterment of the members hereof, to expend money to correct any
violation of these restrictions upon the failure or refusal of any
owner whose duty it is hereunder to do, such expenditure shall be a
charge against the lot or lots of such owner, and the Association may
pursue such appropriate legal remedies, including the right to file a
Lien to collect such expenditure.
Section 34. These Amended Restatement of Restrictions for Rotonda
West are subject to the rights in favor of Cape Cave Corporation in
that certain reservation and irrevocable partial assignment of right
concerning Amended Restatement Of Restrictions for Rotonda West
recorded in Official Record Book 1412, Page 1533 of the Public Records
of Charlotte County, Florida. Grantor/Developer's execution of these
Amended Restatement of Restrictions for Rotonda West does not
constitute a waiver or release for the foregoing reserved rights.
Section 35. Rotonda West Association,
Inc. acknowledges at least sixty (60) days written notice of the
amendments set forth herein.