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RULES and REGULATIONS
These Rules and Regulations do not replace the Declaration of Covenants, but instead, supplement it. The purpose of these Rules and Regulations is to protect and enhance the value, desirability, and attractiveness of the property in Kingsway Oaks II and to provide for the continuing pleasure and comfort of its members.
The Board has the authority to establish these Rules and Regulations pursuant to Article III, Section 8 of the Declaration of Covenants and also section 720.305, Florida Statutes. The Association and the Board have no practical way of assuring compliance with these Rules and Regulations other than through the assessment of monetary fines. A monetary fine, in increasing increments, will be levied for each infraction of these Rules and Regulations at the discretion of the Board in accordance with the Declaration of Covenants and this document. Members will be notified in writing as to any violation and shall be given due process by appearing before the Board and a Due Process Committee, which shall be comprised of three (3) homeowners who are not members of the Board, but who have (a) volunteered to fill a position on the Due Process Committee or (b) who have been appointed by the Board to fill a position on the Due Process Committee. Any member of the Association wishing to contest the imposition of a fine must notify the Board in writing within ten (10) days after the member is fined. The Board, within five (5) days from receipt of written notification of a contested fine, shall contact the Due Process Committee members and the homeowner to schedule a special meeting between the Board, the Due Process Committee, and the homeowner. Said meeting shall be held within five (5) days of said notification and shall be for the purpose of considering and ruling upon the imposition of the recommended fine and the homeowner’s objection(s) thereto.
Each member of the Kingsway Oaks II Homeowners Association (the “Association”) is responsible to become familiar with and follow these Rules and Regulations. Members are also responsible to ensure that their guests, tenants, and others they invite into Kingsway Oaks II are familiar with and abide by these Rules and Regulations. Each member of the Association is ultimately responsible for all actions of their guests, tenants, invitees.
RULES AND REGULATIONS
1. Residential Use of Property. All lots shall be used for single‑family residential purposes only, and no business or business activity shall be carried on or upon any lot at any time except with the written approval of the Architectural Control Committee; provided, however, nothing herein shall prevent a builder of any home or homes in Kingsway Oaks II from using any lot owned by such builder for the purpose of carrying on business related to the development, improvement, and sale of lots and dwellings within Kingsway Oaks II.
2. Leasing / Rental of Residential Property. The following rules shall apply to all houses leased within Kingsway Oaks II:
(A) No dwelling shall be leased for a period of two (2) years to the date the Owner takes title to the LOT, except if title has been obtained through inheritance, or by an institutional mortgagee or the Association as a result of foreclosure or deed in lieu of foreclosure.
(B) A home shall not be leased for a period of time less than seven (7) months and may not be leased more than once in any single year.
(C) A home shall not be leased to more than one family at one time and the lease may not be assignable.
(D) The entire house must be leased; no single-room or partial leases are allowed and no business, including but not limited to the operation of a Bed and Breakfast or similar business, shall be permitted at any time.
(E) No more than six tenants may occupy a two-bedroom house, no more than eight tenants may occupy a three-bedroom house, and no more than ten tenants may occupy a four-bedroom hous
(F) No house shall be leased without the prior approval of the Association, and the Association shall not unreasonably withhold such approval. No less than thirty (30) days prior to the beginning of any lease, the owner must submit a copy of the proposed lease agreement, along with all completed lease applications, to the Association. Any lease not authorized pursuant to this Rule shall be void unless subsequently approved by the Association. The Association shall not be liable to any person whomsoever for the approval or disapproval of any tenant/prospective tenant.
(G) The owner shall ensure that all tenants strictly adhere to the Rules and Regulations of the Association. The owner shall be responsible for all violations of the Rules and Regulations by such owner’s tenant(s), and shall also be liable to the Association for any fines imposed for such violations. Upon notification to an owner by the Association of any violation of the Rules and Regulations, the owner shall immediately rectify such violation. Should any tenant violate the Rules and Regulations three (3) times, the owner shall be required to evict the offending tenant(s) at the owner’s sole expense and must commence such eviction within ten (10) days of notification by the Association of a third violation.
3. Setbacks and Building Lines.
(a) Dwellings: Each dwelling which shall be erected on any lot shall be situated on such lot in accordance with the building and setback lines shown on the applicable plat map or required by law. In no event shall any dwelling be erected and located upon any such lot in a manner which violates or encroaches upon the building and setback lines shown on the plat map or required by law, unless the law allows for variance.
(b) Walls and Fences: Homeowners are permitted to erect shadowbox, stockade (board-on-board), or similar fencing made of wood or PVC plastic only. Wood fencing shall not be painted or stained, but instead shall be left in its natural color. PVC plastic fencing shall be white only. All fences shall be subject to the prior written approval of the Architectural Control Committee as to placement, location, height, materials, and finish, and shall comply with all governmental requirements. No fences shall be erected or permitted to remain without such approval. Fences shall be placed so that the posts shall be placed on the inside of the fence and the side without any supports shall face out from the lot. No fence shall be permitted to the front of a point eight feet rearward from the front of the house. Side fences and front sections from the side to the house shall be six feet in height or less. Corner lots may be fenced on the second front side as permitted by county ordinances. Rear fences shall be limited to six feet in height or less. Notwithstanding the above, houses on lots that abut rear conservation areas shall be permitted fences to the rear of the house with a maximum height of four feet. No chain-link fences are permitted, except that the Association may erect and maintain a vinyl covered chain-link fence along any common area.
(c) Subdivision of Lots: One or more lots or parts thereof may be subdivided or combined to form one single building lot when approved, in writing, by the Architectural Control Committee, and so long as each lot shall have an area at least as large as the smallest lot set forth on the applicable plat map. In such event, the building and setback line requirements provided herein shall apply to such lots as are subdivided or combined.
(d) Terraces, Eaves, and Detached Garages: For the purpose of determining compliance or noncompliance with the foregoing building line requirements, terraces, stoops, eaves, wing‑walls, and steps extending beyond the outside wall of a structure, shall not be considered as a part of the structure. No additional side yard shall be required for any detached garage or accessory outbuilding which has been approved, in writing, by the Architectural Control Committee; provided, all such detached structures must not encroach upon any side or rear setback line or upon the lot of an adjacent owner or upon any easement as set forth herein.
4. Building Requirements. The living areas of the main structure, exclusive of open porches, garages, carports, patios, gazebos, and breezeways, shall be not less than 1500 square feet.
5. Obstructions to View at Intersections. The lower branches of trees or other vegetation shall not be permitted to obstruct the view at street intersections.
6. Delivery Receptacles and Property Identification Markers. Mailboxes are not required to be uniform for each lot and must be a standard U.S. Postmaster General approved receptacle. Mailboxes shall not be designed and/or constructed from fashionable materials or in a fashionable manner. All variations from a standard U.S. Postmaster General approved receptacle must be approved by the Architectural Control Committee prior to installation. Property identification markers (i.e., street address numbers) shall be of a standard design for each lot.
7. Use of Outbuildings and Similar Structures. No structure of a temporary nature unless approved in writing by the Architectural Control Committee shall be erected or allowed to remain on any lot, provided this section shall not be construed to prevent companies engaged in construction from using sheds, construction trailers or other temporary structures during construction. No trailer, camper, shack, tent, garage, barn, or other structure of a similar nature shall be used as a residence, either temporarily or permanently, but this provision shall not preclude the erection and use, if approved by the Architectural Control Committee, of an additional residential unit designed and permitted for use over a garage or other location or structure, and subsidiary to the main residence. Outbuildings for appurtenant use may be erected within the setbacks specified in section 2 above, if the Architectural Control Committee approves the use, location, and materials proposed for such outbuilding. No structural steel or aluminum sheds shall be approved. The architectural finish of any shed must be the same as that of the house or a finish that will not deteriorate (i.e. PVC or resin), and the shed shall be properly screened as approved by the Architectural Control Committee. The plate height of a shed, exclusive of the roof, shall be no higher than seven feet, four inches above the slab on grade.
8. Building Materials and Construction Activities. No building materials or equipment used for building purposes shall be stored on any lot, except for the purpose of construction on such lot and shall not be stored on such lot for longer than the length of time reasonably necessary for the construction to completion of the improvement to which same is to be used. Any owner allowing construction agrees to maintain job sites in a neat and orderly condition throughout construction and not to cause trash and debris to accumulate anywhere within subdivision. Such owner agrees to keep roadways, easements, swales, and other property within subdivision clear of trash and construction materials at all times. If a violation of any of the terms and conditions of this rule occurs, the owner shall have twenty‑four (24) hours from notification by the Association to the owner to remove or cure the violation. The Association shall have the right after twenty‑four (24) hour notice to remove or cure violation and charge the owner costs plus a fifteen (15%) percent administrative fee thereof. If the violation was caused by a contractor or subcontractor of the owner, the Association may prohibit the contractor or subcontractor from entering subdivision without any liability to the owner. The owner shall hold harmless and defend the Association against all claims, damages, losses, including but not limited to attorney's fees, court costs to include appeals, incurred or suffered by the Association as a result of taking such action. All owners agree to avoid altering or causing damage to the subdivision improvements during construction and assume full responsibility for the cost of any repair of subdivision improvements necessitated by owners, his/her agent, employee, contractor, or subcontractor damage.
9. Completion of Construction. The Association shall have the right to take appropriate court action, whether at law or in equity, to compel the immediate completion of any residence or structure not completed within one (1) year from the date of commencement of construction. The construction of any dwelling, or repair, or replacement of any dwelling damaged by fire or otherwise, or other structure must be promptly undertaken and pursued diligently and continuously to substantial completion by its owner without unreasonable delay. Without limitation, if any owner leaves any dwelling or structure in an incomplete condition for a period of more than six (6) months, then the Association may complete all required restoration or construction, or may raise and otherwise remove the incomplete structure from such owner's lot, by a vote of not less than two‑thirds (2/3) of the members of the Board after reasonable notice to, and reasonable opportunity to be heard by, the owner affected. All costs so incurred by the Association may be specifically assessed against such lot as provided in the Declaration of Covenants.
10. Livestock and Pets. No animals, livestock, poultry, or pets of any kind shall be raised, bred, or kept on any lot, except that not more than a total of four (4) dogs, cats, or other small household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes. Such household pets must not constitute a nuisance or cause unsanitary conditions. For the purposes of these Rules and Regulations, pets shall be deemed to constitute a nuisance if they create excessive or disturbing noises, whether by barking or otherwise, or if the pet has shown any violent or aggressive behavior or otherwise poses a danger to the health, safety, or welfare of any person. All pets must be kept on leashes or within secure fences when out of doors. The foregoing expression of specific behaviors that shall constitute a nuisance shall in no way limit the determination that other behaviors also constitute a nuisance. Any pet in violation of this section shall be brought into compliance within twenty‑four (24) hours of notice by the Board.
11. Offensive Activities. No noxious, offensive, or illegal activities shall be carried on upon any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the owners of other lots in Kingsway Oaks Phase II.
12. Signs. No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot except a professional sign one square foot in size and a sign of not more than four (4) square feet in area may be used to advertise the lot for sale or rent. This restriction shall not apply to signs used to identify and advertise the subdivision as a whole, or signs for selling lots and/or houses during the development and construction period, provided such signs are approved by the Architectural Control Committee. Also, the provisions of this rule shall not apply to anyone who becomes the owner of any lot as purchaser at a judicial or foreclosure sale conducted with respect to a first mortgage or as transferee pursuant to any proceeding in lieu thereof.
13. Perimeter Screening. Any and all walls, fencing, landscaping, or other screening installed by the original developer of Kingsway Oaks II, together with the buffer walls, will constitute an improvement to each lot upon or along which it is situated and the property of the owner of such lot, who shall be responsible for all costs of maintaining and repairing the interior portion situated on or along such lot. Any such wall shall be considered part of the perimeter screening regardless of whether it is located in a public right‑of‑way or on a lot. To assure visual uniformity on the side of all such walls, fencing, or other screening facing the exterior perimeter of the property or any street or road located therein, the Architectural Control Committee may establish when, how, and with what materials any required maintenance, repair, and replacement will be performed. If any owner then fails to perform any such maintenance, repair, or replacement in the manner reasonable directed by the Architectural Control Committee with respect to such owner's lot, the Association may perform it at such owner's expense and assess its cost to such owner's lot as provided in Article IV of the Declaration of Covenants and the owner hereby grants the Association an easement to enter upon its lot to perform such work. The Association shall be responsible for all costs of maintaining and repairing the exterior portions of walls, fencing, signs and landscaping located on wall, landscaping and planter easements, as shown on the plat, and interior maintenance on the brick wall.
14. Sidewalks. The owner of each lot shall be responsible, at the owner's sole cost and expense, for the installation of sidewalks on his/her lot in accordance with the requirements of Hillsborough County ordinances. Installation of said sidewalks shall be completed concurrently with the completion of the residence, but in all events within three (3) years from the date of closing of sale of the lot to owner. Each owner, at his/her sole cost and expense shall maintain the sidewalk on his/her lot. To assure visual uniformity of sidewalks the Architectural Control Committee shall establish how and with what materials any installation, maintenance, or repair shall be performed. If any owner fails to comply with the requirements of this section after reasonable notice, the Association or its duly authorized agents, shall have the right, but not the obligation, at any time, from time to time, without any liability to the owner for trespass or otherwise, to enter any lot for the purpose of maintaining the sidewalks and enforcing, without any limitation, all of the restrictions as set forth as part of the Declaration of Covenants and these Rules and Regulations. All costs so incurred by the Association may be specifically assessed against such lot as provided in Article IV of the Declaration of Covenants. An easement is reserved for the Association, as part of the common area, for access over and on the sidewalks with said easement also being for the purpose of enforcing, without limitation, the reservations and restrictions set forth herein which shall include the repair and maintenance of the sidewalks. Each owner shall have a cross easement appurtenant for use of the sidewalks, subject to the limitations and restrictions stated herein.
15. Aesthetics & Natural Growth / Screening / Underground Utility Service. Trees which have a diameter in excess of six (6") inches measured two (2') feet above ground level, and distinctive flora, shall not be intentionally destroyed or removed except with the prior approval, in writing, of the Architectural Control Committee. All fuel tanks, garbage cans and equipment, shall be screened to conceal them from view of neighboring lots and streets. All residential utility service, including but not limited to lines, pipes and wiring, to residences shall be underground.
16. Swimming Pools. Swimming pools must be located to the rear of the main residence unless a different location is authorized in writing by the Architectural Control Committee. Swimming pools must conform to the setbacks as required by applicable law.
17. Maintenance. Each owner shall keep and maintain each lot and structure owned by him/her, including: all landscaping located thereon, in good condition and repair, including, but not limited to the repairing and painting (or other appropriate external care) of all structures; (ii) the seeding, watering, and mowing of all lawns; and (iii) the pruning and trimming of all trees, hedges, and shrubbery so that the same do not obstruct the view by motorists, pedestrians or street traffic. If in the opinion of the Architectural Control Committee any owner shall fail to perform the duties imposed by this Section, the Architectural Control Committee shall notify the Association. If the Board shall agree with the determination of the Architectural Control Committee, then the Board shall give written notice by certified mail to the owner to remedy the condition in question, setting forth in reasonable detail the nature of the condition and the specific action or actions needed to take to remedy such condition. If the owner shall fail to take reasonable steps to remedy the condition within thirty (30) days after the mailing of the aforesaid notice of violation, the Architectural Control Committee and the Association shall have, in addition to all other rights set forth in the Declaration of Covenants and/or these Rules and Regulations, at law or in equity, a right of abatement as provided in Article VIII, Section 1 of the Declaration of Covenants.
18. Antennae and Clotheslines. No radio or television transmission or reception antennae, apparatus or tower shall be erected on the property or any lot or structure. Notwithstanding the above, a satellite dish antenna twenty‑four inches (24") in diameter or smaller may be installed and placement may vary to obtain maximum satellite antenna reception. Front of dwelling or side yard placement of satellite antenna must have landscape screening. All owners must obtain the approval of the Architectural Control Committee prior to any placement of a satellite dish antenna. No clothesline shall be installed in the yard of any lot without the prior approval of the Architectural Control Committee.
19. Window Treatment and Air Conditioners. All window treatments shall be commercial products designed for that purpose. No newsprint, foil, or other material not made for windows shall be used as a window treatment. No window air conditioning units shall be installed without prior written approval of the Architectural Control Committee.
20. Motor Homes/ Camping Trailers/ Trailers / Trucks / Motorcycles / School Buses / Boats / Boat Trailers. No house trailers or mobile homes, buses, trucks or commercial vehicles over one (1) ton capacity, recreational vehicles, boats, boat trailers, or motorcycles shall be kept, stored or parked overnight on any street, lot, county right-of-way, sidewalk, or lawn, except within enclosed garages or completely screened from view. The foregoing will not be interpreted, construed, or applied to prevent the temporary nonrecurring parking of any vehicle, boat, or trailer for a period not to exceed forty‑eight (48) hours in any private driveway, and passenger automobiles and motorcycles only may be parked in private driveways regardless of the capacity of the owner’s garage; however, in no event shall any vehicle, boat, or trailer block or hinder pedestrians’ use of the sidewalks at any time. No vehicle or conveyance of any type, size, weight, or capacity belonging to any homeowner and/or occupant shall be parked (a) overnight on any street, (b) overnight on the lawn/grass, or (c) overnight on any portion of the county right-of-way. There shall be no major or extended repair or overhaul performed on any vehicle, motorcycle, boat, boat trailer or bus on the lots. All vehicles and trailers shall have current license plates. If any vehicle, boat, or trailer is in violation of this provision, the Association shall have the immediate right to have the offending vehicle, boat, motorcycle, or trailer towed away at the expense of the owner thereof.
21. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers designed for that purpose. All incinerators or other equipment for the storage or disposal of such waste material shall be kept in a clean and sanitary condition. All garbage and trashcans and containers shall be kept in the garage or in the rear yard, screened to conceal them from view of neighboring lots and streets, except on the days of collection. If such litter or other materials are found on any lot, the same will be removed by the owner of such lot, at the owner's expense, upon written request of the Architectural Control Committee or the Association. Trash for pickup may be put out no more than 24 hours prior to pick up, and trash containers must be stored not more than 24 hours after pickup.
22.Elevations. No owner shall excavate or extract earth from a lot for any business or commercial purpose. No elevation changes shall be permitted which differs from the approved grading plan on file with Hillsborough County, unless approved in writing by the Architectural Control Committee.
23. Sewage System. Sewage disposal shall be through municipal system or type approved by appropriate State and local agencies.
24. Water System. Water shall be supplied through municipal system or type approved by appropriate State and local agencies.
25. Utility Facilities. The Association reserves the right to approve the necessary construction, installation, and maintenance of utility facilities, including but not limited to water, telephone, cable television and sewage systems, within this proposed area, which may be in variance with these restrictions.
26. Driveway and Entrance to Garage. All driveways and entrances to garages shall be concrete or a substance approved in writing by the Architectural Control Committee and of a uniform quality.
27. Garages. Each dwelling must have a garage of sufficient size to house at least two (2) passenger automobiles. All garages must be substantial and conform architecturally to the dwelling to which they relate. Garages shall be used only for parking motor vehicles, hobbies, and storing owner's household goods.
28. Mineral Operation. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be erected, maintained, or permitted upon or in any lot. No derrick or other structures designed for the use in boring for oil or natural gas shall be erected, maintained, or permitted on any lot.
29. Tennis Courts and Basketball Goals. Tennis courts are permitted at locations as approved by the Architectural Control Committee. Lighting of tennis courts is prohibited after 9:30 PM on any evening until the following sunrise. Basketball goals, of either temporary or permanent placement, must be approved pursuant to application with drawing of proposed location by the Architectural Control Committee, prior to erection. The Architectural Control Committee shall review such applications as to placement of the basketball goal and shall not approve any application which would burden adjoining property or common area, as determined in the sole discretion of the Committee. Permanent basketball goals must be pole-mounted and not attached to the owner’s dwelling. No temporary or portable basketball goals shall remain upon any street or street curb overnight. No unsightly objects (i.e., cinder blocks, sand bags, sackrete bags, etc.) shall be used to secure and/or weigh down any temporary or portable basketball goal.
30. Building Exteriors. All exterior colors and changes thereto shall be subject to review and approval by the architectural control committee prior to the application or change. All fire chases or chimneys shall be of stucco, brick, or the same material finishing the facing or siding of the house. All gable ends shall be of the same material finishing as the facing or siding of the house. All sheds shall be finished with the same material as the house or a finish that will not deteriorate (i.e. PVC or resin),and shall be landscaped.
The fines to be imposed for infractions of these Rules and Regulations are as follows: KINGSWAY OAK II HOMEOWNERS’ ASSOCIATION, INC. STANDARDS AND GUIDELINES FOR COVENANT ENFORCEMENT Whereas, Article III, Section 8 and Article V111 of the Declaration of Covenants, Conditions, Restrictions and Easements of Kingsway Oaks II (“Declaration”) and Fla. Stat. §720.305 authorize Kingsway Oaks II Homeowners’ Association, Inc. (the “Association”) to enforce the Association’s governing documents and to take certain action to remedy a violation of the Association’s governing documents; and Whereas, pursuant to the above authority, the Association may impose fines, suspend rights, pursue injunctive relief, and/or exercise a right of abatement, as provided in the Declaration and Section 720.305; and Whereas, the Association may exercise one or more of the above remedies at any time and election of any remedy does not constitute a waiver of the right to implement any other remedy at any time; tion or who have been fined by the Association for any reason within the past year (even if such fine was timely paid and any violation corrected) are not eligible to participate on the Committee. The Chairperson of the Committee shall administer each meeting, assure that respect and proper decorum are observed at all times, and ensure that the policies and procedures for the Committee are followed in a fair and impartial manner. The Recording Secretary shall keep accurate minutes of the Standards and Fining Committee Meeting and a summary of the decisions made with respect to each Owner or Property. This information shall be provided to the Community Association Manager within twenty-four (24) hours after the meeting is adjourned and shall be maintained with the Association’s Official Records. Testimony and Evidence Owners/Tenants may submit a request to the Community Association Manager for an opportunity to speak to the Committee regarding a fine or suspension that was levied by the Board of Directors. The Owner/Tenant shall have the right to be represented by legal counsel at the Standards and Fining Committee Hearing and have an opportunity to produce any statement, evidence and witnesses on his or her behalf. The Owner/Tenant shall have the opportunity to state why he or she is not in compliance with the Association’s Restrictions and may offer defenses or mitigating information for the Committee’s consideration. The Committee shall listen to the case presented by the Owner or the Owner’s tenant, guest, occupant or invitee. Committee members may also question the Owner or the Owner’s tenant, guest, occupant or invitee, as well as any witnesses who may be present. In addition, the Committee shall review all of the information presented by the Community Association Manager or other approved Association representative, as well as statements of any witnesses or complainants who may be invited to attend the hearing by the Community Association Manager or the offending party in order to produce evidence to substantiate the complaint, defenses or mitigating factors. The Community Association Manager shall physically view the outstanding violation prior to the meeting and present photographic evidence, if possible and practicable. Committee members may also independently visit the property prior to any hearing to view conditions, if appropriate in the Committee member’s discretion. Committee members shall not, however, engage in any other investigation about an alleged violation, including discussions with an Owner or the Owner’s tenant, guest, occupant, or invitee, outside of the Committee meeting. Deliberation and Decision After reviewing all evidence and listening to information presented at the hearing, the Committee shall deliberate and render a final decision in an open forum. Committee members shall make each decision based upon the evidence and information presented and the Association’s Governing Documents and reasonable inferences that may be made based upon the Association’s Governing Documents. If the Committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. The role of the Committee is limited to determining whether to confirm or reject the fine or suspension levied by the Board. These Standards and Guidelines for Covenant Enforcement shall be effective this __17_ day of May 2018 It is each Association member’s responsibility to report violations of these Rules and Regulations in order to keep Kingsway Oaks II a pleasant and safe place for everyone. All infractions of these Rules and Regulations should be reported in writing to the Board.
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