Legal Documents


2017 LSPOA BOARD OF DIRECTORS

PRESIDENT.....Ken Johnston 

VICE PRESIDENT.....John Mitana III

SECRETARY.....Anneliese Angelotti 

TREASURER.....Debbi Oleinik 

MEMBER-AT-LARGE.....Gloria Cvelbar 

ARCHITECTURAL COMMITTEE CHAIR.....VACANT

BEAUTIFICATION COMMITTEE CHAIR.....Rosie Eagle


                                                                                 
                                                                        

RESIDENT GUIDE TO THE ENFORCEMENT OF DEED RESTRICTIONS OF LAKE SUZY ESTATES

RESOLUTION OF THE BOARD OF DIRECTORS OF LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC.

 (SIGNED, WITNESSED AND VERIFIED BY OUR ATTORNEYS , BECKER AND POLIAKOFF, PA ON SEPTEMBER 22ND 2010)

                                                                             

      WHEREAS, Lake Suzy Property Owners Association, Inc., (the “Association”) is responsible for the administration of the Lake Suzy Estates Deed Restrictions, according to the  Amended Declaration of Restrictions of Lake Suzy Estates, representing covenants transferred from David W. Shepard as President of Loreda Development, Inc., a Florida corporation to the Lake Suzy Property Owners Association, Inc., a Florida not-for-profit corporation, recorded July 11, 2003 at Official Record Book 536, Page 537, et seq. of the Public Records of DeSoto County, Florida (the “Declaration”);  and

      WHEREAS, the Board of Directors (hereinafter “Board”), as trustee of these covenants, is responsible for the day-to-day affairs and administration of the Association, including the enforcement of the covenants and restrictions contained in the aforesaid Declaration; and

      WHEREAS, there are certain use restrictions running with the land that property owners within Lake Suzy Estates are obligated to comply with; and

      WHEREAS, the Association may enforce the provisions of its Declaration through an action at law or in equity; and

      WHEREAS, it is the responsibility of the property owners to make this Resolution available to any of their family members, renters, tenants, guests, invitees, and assigns; and

      WHEREAS, without limiting the Board’s general intention to enforce all provisions of the Declaration, the Board wishes to provide specific notice to property owners of the policies contained with the Declaration as they pertain to enforcement and approval by the LSPOA’s Board of Directors.

 

            NOW, THEREFORE, it is hereby resolved as follows:

1.         The above recitations are true and correct and are hereby incorporated into this Resolution.

2.         The Board shall provide notice of this Resolution to all property owners upon its adoption.

3.         This Resolution shall be enforceable against all property owners, their family members, renters, tenants, guests, invitees, and assigns.  However, this Resolution shall not circumvent, supersede, take away or dilute any other provision contained within the Association’s Declaration.

4.        Part B, Section 1 of the Declaration states in pertinent part:

                       USE RESTRICTIONS:  Except as hereinafter provided and as provided for in Paragraph 1 of Part C, all lots in the Subdivision and all lots enlarged or recreated by the shifting of the location of side property lines are restricted to the use of a single family, their household servants and guests, exclusively for residential purposes.  Only one residence may be built on one lot.   Building accessory to the use of one-family living may be erected provided they do not furnish accommodations for an additional family.  A construction shed may be placed on a lot and remain there temporarily during the course of active construction of a residence, otherwise no portable or temporary buildings or trailers may be placed on a lot.

                        In order to clarify terminology pertaining to residential purposes in Part B, Section 1 of the Declaration, the Board of Directors adopts the following policy:

                        No trade, business, profession or other type of commercial activity, shall be conducted on residential area property.  This shall not prevent an owner of a building from renting said property for residential use.

           5.          Part B, Section 1 of the Declaration states, in pertinent part:

ARCHITECTURAL CONTROL:  No building or other structure or improvement of any nature shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved in writing by the Architectural Control Committee.  Each building, or other structure or improvement of any nature shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved.  Refusal of approval of plans, specifications and plot plan or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Committee, shall seem sufficient.  Any change in the exterior appearance of any building, other structure or improvement shall be deemed an alteration requiring approval.  Additionally, the Committee will be responsible for enforcing all provisions in the Declaration of Restrictions of Lake Suzy Estates. The Architectural Committee shall be composed of three members. These members will be elected for terms of two years with the exception of the original committee who will serve terms of one year, two years and three years.  This assures that in the future only one member will stand for election annually providing continuity to the committee.  The members of the Architectural Control Committee shall be members in good standing of the Lake Suzy Property Owners Association.

            In order to clarify Part B, Section 3 of the Declaration pertaining to the renaming of the Architectural Control Committee and assigned duties, and obtaining approval for design and exterior changes to property, the Board of Directors adopts the following policy:

This section assigns governing authority to an “Architectural Control Committee” comprised of three members elected for terms of two years who are members in good standing of the Lake Suzy Property Owners Association, Inc.  The “Architectural Control Committee” was the structure used for deed enforcement and modification under Loreda Development, Inc. at the time Loreda Development, Inc. transferred enforcement and modification authority to the Lake Suzy Property Owners Association, Inc.

The Board of Directors of the Lake Suzy Property Owners Association, Inc. has renamed the “Architectural Control Committee” the Architectural Review Committee (ARC) to distinguish it from the committee organized and employed by Loreda Development, Inc., prior to the transfer of authority in 2003.

 

Under the Bylaws and operating procedures of the Lake Suzy Property Owners Association, Inc., the Architectural Review Committee serves as an advisory committee to the LSPOA Board of Directors.  Matters related to compliance with the 2003 deed restrictions are reviewed by the Architectural Review Committee, which then offers recommendations to the LSPOA Board of Directors for final review and resolution.

Written approval by the Board of Directors using the “Exterior Property Modification Request Form” is required prior to the erection, placement or alteration of any building, structure or improvement.  The phrase “building, other structure or improvement” shall include, but not be limited to, enclosures, fountains, roofs, docks and seawalls.  Pursuant to this provision, written approval is required when roofs are replaced which result in a change to the color of the shingles or tiles.  Pursuant to this provision, written approval is required when any painting is performed which results in any change in the exterior appearance of any building, other structure or improvement, including but not limited to, painting of residences, driveways and sidewalks.  Approval is not required for normal maintenance and replacement of items (e.g. gutters, windows and doors).  Approval is not required for installation of hurricane panels and shutters.

            6.         Part B, Section 11 of the Declaration states, in pertinent part:

TEMPORARY STRUCTURES AND RV’S: No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time for any purpose either temporarily or permanently.  No boat, boat trailer, motor home, travel trailer or any other RV shall be stored on any lot without approval of the Architectural Control Committee.

            In order to clarify terminology in Part B, Section 11 of the Declaration, the Board of Directors adopts the following policy:

The phrases “temporary structure” and “structure of a temporary nature” include any shed, structure, building, storage bin or enclosure of any kind used for storage of building materials, household goods, personal items or other materials.  These structures are not permitted on any property.  Additionally, the term “boat,” as defined by this provision, does not include any waterborne vessel that is exclusively powered by human energy (e.g. rowboat, canoe, kayaks, paddleboats, etc.).  As such, waterborne vessels that are exclusively powered by human energy are permitted to be stored outside on any lot, but not visible from the street in front of the house.  Boats powered by motors are prohibited from being stored outside on any lot without approval of the LSPOA Board of Directors. 

            7.         Part B, Section 12 of the Declaration states, in pertinent part:

ENCLOSED GARAGES:  Each residence shall have, either attached or detached from the main dwelling building, an enclosed garage sufficient in size to accommodate two passenger automobiles.

            In order to clarify related regulations concerning permissible parking and use of garages, the Board of Directors endorses compliance with the following interpretation of the DeSoto County land development regulations:

Overnight vehicle parking is restricted to driveways and garages, and no encroachment is permitted in County Rights-of-way. Commercial vehicles having more than two axles on the road, as well as more than two tons load capacity or more than nine feet in height (including the load, bed, or box), are disallowed from overnight parking.

8.       Part C, Section 2 of the Declaration states in pertinent part:

SETBACK RESTRICTIONS, ARCHITETURAL AND BUILDING CONTROL:    Types of businesses, etc., shall be under the sole control of the Architectural Control Committee, unless governed by governmental control.  No building of any type shall be constructed or placed on Lots 1-7 of Block 4 unless all plans and specifications are first submitted to and approved by the Architectural Control Committee.

In order to clarify enforcement authority as specified in Part C, Section 2 of the Declaration, the Board of Directors adopts the following policy:

The Board of Directors of the Lake Suzy Property Owners Association, Inc. has renamed the “Architectural Control Committee” the Architectural Review Committee (ARC) to distinguish it from the committee organized and employed by Loreda Development, Inc., prior to the transfer of authority in 2003.

 

Under the Bylaws and operating procedures of the Lake Suzy Property Owners Association, Inc., the Architectural Review Committee serves as an advisory committee to the LSPOA Board of Directors.  Matters related to compliance with the 2003 deed restrictions are reviewed by the Architectural Review Committee, which then offers recommendations to the LSPOA Board of Directors.  

Final authority in all matters of enforcement of covenants resides with the LSPOA Board of Directors.

9.       Part D, Section 3 of the Declaration states in pertinent part: 

ADDITIONAL RESTRICTIONS:  Lake Suzy Property Owners Association may from time to time, in its sole discretion, modify, amend or add to this Declaration of Restrictions.

In order to clarify the amendment process as specified in Part D, Section 3 of the Declaration, the Board of Directors adopts the following policy:

The LSPOA, through its Board of Directors, has been provided the sole responsibility to amend the Declaration of Restrictions when deemed necessary by LSPOA.  Amendments become valid and enforceable after approval is obtained by the owners of a majority of the 187 lots in Lake Suzy Estates that are subject to the Declaration of Restrictions.  Although the 1985 amended Lake Suzy Estates plat contained 268 lots, 52 lots representing Lake Suzy Villas have since been removed from Lake Suzy Estates.  Additionally, 29 other lots are identified in Part A of the Declaration of Restrictions as exempted from the Restrictions. 

As a matter of law, a joinder and consent form, or other valid voting method, may be used to obtain approval of proposed amendments.

10.     Part D, Section 4 of the Declaration states in pertinent part:

           WAIVER:   The Architectural Control Committee may waive upon application being made to it, any one or more of the foregoing conditions, restrictions, limitations or agreements, with respect to any designated lot of lots upon finding that such waiver would not be detrimental to the subdivision as a residential area of high standards, but any such waiver which must be evidenced in writing, shall not be deemed or construed to be a waiver of any such condition, restriction, limitation or agreement with respect to any other lot.  The Lake Suzy Property Owners Association can at anytime review the activities and actions of the Architectural Control Committee and reverse any decision or waiver granted by the committee by majority vote of the Board of Directors of the Lake Suzy Property Owners Association.

          In order to clarify enforcement authority and the waiver of restrictions as specified in Part D, Section 4 of the Declaration, the Board of Directors adopts the following policy:

Final authority in all matters of enforcement and modification of covenants resides with the LSPOA Board of Directors, who also may grant waivers as specified in Part D, Section 4.

Matters related to compliance with the 2003 deed restrictions are reviewed by the Architectural Review Committee, which offers recommendations to the LSPOA Board of Directors.

11.       A copy of this Resolution will be mailed to each property owner to notify owners and residents of this Resolution and the enforcement of the restrictions and regulations contained within the Declaration.








BYLAWS

 

 LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC.

 

ARTICLE 1 – IDENTIFICATION

 

These are the Bylaws of the Lake Suzy Property Owners Association Inc., (hereinafter referred to as “Association”), a corporation, not-for-profit, under the laws of the State of Florida.

ARTICLE II – GOALS

 

The primary aim of the Association is to further the objectives stated in the Articles of Incorporation by any activity necessary or convenient to the accomplishment of these goals.

 

ARTICLE III -- ADDRESS

Unless otherwise decided by the Board of Directors (hereinafter referred to as “Board”), the principal office of the Association shall be at the home of the current President of the Association

ARTICLE IV – MEMBERSHIP

 

All real property owners in Lake Suzy Estates shall be eligible for membership in the Association.   Any person whose total dues are not paid within sixty days following the mailing of the Notice of Annual Dues shall be dropped from the membership roles of the Association, unless the Notice of Annual Dues provides for alternative payment options.  In the absence of compliance with annual dues requirements, all rights of membership will terminate.

ARTICLE V –  MEETINGS

Special Membership Meetings: Special meetings may be called upon request of a majority of the Board or upon petition to the Board by not less than 25% of the members. These meetings which may change the Declaration of Restrictions of Lake Suzy Estates can occur at a time other than the Annual Membership Meeting  to carry  out  the  business  of  the  Association -  the  exact  date,  time  and  place  to  be  determined  by  the  Board  of Directors.  Notice  of  this  meeting  shall  be  sent  to  all  members  not  less  than  10  days  nor  more  than  60  days  prior to  the  date  selected.   Said  notice  shall  be  deemed  given  when  mailed  by  first- class  mail,  postage  pre-paid,  to  the latest address of the member on the Association records.

ARTICLE VI – ELECTIONS AND DESIGNATIONS

All members of the LSPOA Board of Directors and the Architectural Review Committee (ARC) must be members in good standing of the LSPOA Association. The Board of Directors shall comprise a maximum of seven (7) members. The seven members shall be comprised of, President, 1st Vice President, 2nd Vice President ,Treasurer, Secretary, ARC Chairperson, Beautification Committee Chairperson. Each director shall be  elected for a term of two  (2) years, and shall serve until their successors are elected or they choose to resign. In the case of an early resignation, the Board may at their discretion, select a member from the association to serve out the remainder of the term.  Each Director's (2) two year term shall expire on the appropriate annual meeting date starting in January 2018.

The Architectural Review Committee shall be comprised of a maximum of three members. The Chair of the Architectural Committee shall be a member of the Board of Directors and may solicit  two persons from the membership at large if he or she deems it necessary. Each committee member shall serve a term of two years.

Directors may be nominated by any member of the association or if he or she wishes, submit their own names for a position on the Board of Directors to the President, Secretary or Treasurer no later than December 31st immediately preceding the annual election year meeting date. The Board of Directors will initiate a call for nominations no later than 21 days prior to the appropriate annual meeting date.  As part of the annual meeting package, the names of all candidates and their biographies if submitted by the candidate, shall be prepared in a list.  The slate of nominees list shall be mailed to all association members  for their review along with the Notice of Annual Meeting package.

ARTICLE VII – VOTING

Members of the Association shall be able to vote at Annual, Special and Emergency Membership Meetings, unless more than 60 days have elapsed since the Notice of Annual Dues and dues have not been paid in full.  (Only members with outstanding partial payments would not be entitled to vote.)  There shall be one (1) vote per membership regardless of the number of property owners or lots/parcels owned.

On all matters, a simple majority of votes by all members present in person or by proxy shall decide any questions brought before the meeting.  In the event of a tie vote in an election, an additional ballot shall be taken in an effort to break the tie.  If the tie is not broken, the winner will be determined by a flip of the coin.

ARTICLE VIII – BOARD OF DIRECTORS

 

Upon completion of the election of a new Board, the Secretary will verify the vote and announce the results.  Immediately after completion of the agenda and the adjournment of the Annual Meeting, the new Board will meet and take an internal vote to elect a President of the Association for the next year. The incoming Board will then elect the other officers of the Association from within the newly elected Board. 

The Officers of the Association and their respective duties are as follows:

President – The President shall be the chief executive officer of the Association and shall call and preside at all meetings of the Board, and preside at all meetings of the membership.  Subject to approval of the Board, the President shall appoint Committee Chairpersons and/or other persons as are deemed necessary to effectively carry out the objectives of the Association.  The President shall be an ex-officio member of all committees and boards other than the Nominating Committee.

First Vice President – The First Vice President shall substitute for the President only at the request of the President, or when the entire Board determines that the President is incapacitated. The First Vice President shall perform other duties as assigned by the President.

Second Vice President – The Second Vice President shall perform duties as assigned by the President.

Secretary – The Secretary shall record and maintain minutes of all meetings called by the President, shall act as the clerk thereof and record all votes and the minutes of all proceedings.  The Secretary shall give or cause to be given all required notice of meetings of members and shall perform such other duties as may be directed by the Board or the President.

Treasurer – The Treasurer shall be the custodian of all funds of the Association; shall keep an itemized, audit-able account of all receipts and expenditures; and shall give a financial report as to such receipts and expenditures as requested at all meetings.  The Treasurer shall disburse funds collected from the members of the Association in accordance with policies established by the Board, which policies shall include as a minimum, a provision that the Treasurer shall not make payment of any single capital or expense item in excess of $200.00 without specific Board approval.  The Board may, if it so desires, conduct or have conducted, a formal audit of the books and records of the Association at any time.

The other Board members and their respective duties are as follows:

Chair of the Architectural Review Committee – The Chair of the Architectural Review Committee shall report to the Board on activities of the ARC, which is responsible for enforcing the Revised and Amended Declaration of Restrictions of Lake Suzy Estates. The approval of the Board will be required for enforcement of the Declaration of Restrictions. The Chair of the Architectural Review Committee shall call and preside at regular meetings of the ARC.

Chair of the Beautification Committee-  The Chair shall report to the Board on all activities related to the upkeep of plantings, mowing of common areas, Park maintenance, seasonal decorations and special exterior events. The Beautification Committee shall obtain their own funding and maintain their own budget separate and apart from the association funds

ARTICLE IX – VACANCIES ON THE BOARD

 

A vacancy on the Board shall be filled by the affirmative vote of the majority of the remaining Board members.  The   appointee shall be an Association member and serve out the remaining unexpired term of the Board member being replaced. 

 

ARTICLE X – REMOVALS

 

Board members may be removed at any time by a majority vote of the membership at a Special Meeting, notwithstanding that said individual had been previously elected or appointed for a fixed term.  Any Board member proposed for removal before the end of the term to which last elected shall have the right to make presentations to the membership concerning why he or she should not be removed, both before and at a meeting of the membership.  The Board member must be given reasonable time to prepare such presentation.

 

ARTICLE XI - APPOINTMENTS

 

In addition to the officers provided for in the Articles of Incorporation, the Board may appoint such other agents to act for the membership, as it shall deem necessary.  Said appointees shall have such authority and perform such duties as from time-to-time shall be prescribed by the Board.  Payment of agents so appointed shall be fixed by the Board.

ARTICLE XII – POWERS OF THE BOARD

Any and all powers and duties not specifically assigned to the Board by the Articles of Incorporation, these Bylaws and the laws of the State of Florida shall be exercised by the Board unless otherwise provided by resolution of the members.

 

ARTICLE XIII – DUES

Annual dues shall be proposed by the Board and shall be submitted to the members for approval at the annual members meeting.  Such dues, upon approval, shall become due and payable on the date of the Annual Meeting of each year.  The membership year to which annual dues relate is from January 1 of the year paid to December 31 of the same year.  New residents becoming members during the second half of the membership year must pay one half of the then prevailing dues for the remainder of the then current year.  There shall be no proration or refund of dues for any reason on termination in the Association. 

ARTICLE XIV – QUORUM

A quorum at member meetings shall consist of at least 30% of the total membership present in person or by proxy.  A quorum at Board meetings shall consist of a majority of the Board.

ARTICLE XV – AMENDMENTS TO BYLAWS

In accordance with the Association’s Articles of Incorporation, amendments to these Bylaws shall be made by the Board of Directors and require the approval of the majority of the Board present at any regular Board meeting or special meeting of the Board called for that purpose.

 

ARTICLE XVI – PARLIMENTARY AUTHORITY

 

The rules in the current edition of Roberts Rules of Order, newly revised, shall be the recognized authority governing conduct at all meetings except where those Rules expressly conflict with the provisions of these Bylaws in which case these Bylaws shall take precedent.

                                                            

Approved by Board of Directors May 14, 2009.

 





DECLARATION OF DEED RESTRICTIONS OF LAKE SUZY ESTATES



 

PART A – Preamble

LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation representing a majority of owners of the land situate, being and lying in DeSoto County, Florida and described as follows:

Subdivision:

All of LAKE SUZY ESTATES, less and except Lot 1 of Block 5, all the vacated and platted lots and streets of Block 6, Block 7, and Block 8 and the Public Park area existing North of Block 7, according to the Plat thereof, recorded in Plat Book 9, Page 23 of the Public Records of DeSoto County, Florida hereinafter sometimes called the “Subdivision”.

does hereby by these presents make, declare and impose upon said described land the following agreements, conditions, restrictions, limitations and easements which shall be and constitute covenants running with the land, and shall be binding upon the undersigned, its successors and assigns, as well as upon people claiming under it and each and all subsequent purchasers, their heirs, personal representatives, successors and assigns, of said Property or any part, parcel or portion thereof, subject to the provisions of Part C below, to-wit:

 

PART B – Residential Area Covenants

 

USE RESTRICTIONS:  Except as hereinafter provided and as provided for in Paragraph 1 of Part C, all lots in the Subdivision and all lots enlarged or recreated by the shifting of the location of side property lines are restricted to the use of a single family, their household servants and guests, exclusively for residential purposes.  Only one residence may be built on one lot.  Building accessory to the use of one-family may be erected provided they do not furnish accommodations for an additional family.  A construction shed may be placed on a lot and remain there temporarily during the course of active construction of a residence, otherwise no portable or temporary buildings or trailers may be placed on a lot.

SETBACK RESTRICTIONS:

Subject to the exceptions hereinafter mentioned, no building or any part thereof may project beyond setback lines as follows:

         25 feet from property lines, and 7.5 feet from side property lines.  The setback from the

        rear property line shall be determined by the county zoning ordinances.

 Exceptions to setback restrictions:

  Terraces and low platforms or steps may be erected outside of setback lines  provided such construction shall not interfere with the exposure of view or reasonable privacy of adjoining or facing property as shall be determined by the Architectural Control Committee hereinafter provided for.

No construction  of the  type  provided in  subparagraph (a) may  be erected  without written approval of the Architectural Control Committee, and where construction is within easement areas, it must comply with Provisions of paragraph 5 below.

ARCHITECTURAL CONTROL:  No building or other structure or improvement of any nature shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved in writing by the Architectural Control Committee.  Each building, or other structure or improvement of any nature shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved.  Refusal of approval of plans, specifications and plot plan or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Committee, shall seem sufficient.  Any change in the exterior appearance of any building, other structure or improvement shall be deemed an alteration requiring approval.  Additionally, the Committee will be responsible for enforcing all provisions in the Declaration of Restrictions of Lake Suzy Estates. The Architectural Committee shall be composed of three members. These members will be elected for terms of two years with the exception of the original committee who will serve terms of one year, two years and three years.  This assures that in the future only one member will stand for election annually providing continuity to the committee.  The members of the Architectural Control Committee shall be members in good standing of the Lake Suzy Property Owners Association.

MINIMUM SIZE OF RESIDENCE:         Homes constructed shall not have less than two thousand (2,000) square feet of living area.  The method of determining the square foot area of proposed buildings and structures, or additions and enlargements thereto shall be calculated on the basis of total air conditioned living area, using the outside dimensions of the living area at each floor level only.  Garages, roofed screen porches, lanais, swimming pools, etc., shall not be taken into account in calculating the square footage of the living area.

EASEMENTS:  Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in easements, or which may obstruct or retard the flow of water through drainage channels in the easements.  The easements are of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for these improvements for which a public authority or utility company is responsible.

TELEPHONE, CABLE TV AND ELECTRIC POWER UNDERGROUND SERVICE:   All buildings on all lots must be served underground by telephone, cable TV and electric power and gas service when available.

DRAINAGE:   No changes in elevations of the land shall be made which shall cause undue hardship to adjoining property.

SEWAGE:  Whether or not provision therefore is specifically stated in any conveyance of a lot made by the subdivider, the owner or occupant of each and every lot by acceptance of title thereto or by taking possession thereof, covenants and agrees that no septic tanks shall be placed upon his lot unless and until the plans and specifications therefore have been approved in writing by the Architectural Control Committee.  When a sewage treatment plant for the service of the subdivision is installed, the owner or occupant of each lot covenants and agrees that no other means of sewage disposal shall be used except that provided for by said sewage treatment utility.



WATER SUPPLY:   No individual water supply system shall be permitted on any lot, except for use in swimming pools, air conditioners and sprinkler systems: provided that a central water supply system is being operated in accordance with the requirements of the Florida State Board of Health of any other governmental body having jurisdiction over said central system.

NUISANCES:  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

TEMPORAY STRUCTURES AND RV’S:  No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time for any purpose either temporarily or permanently.  No boat, boat trailer, motor home, travel trailer or any other RV shall be stored on any lot without approval of the Architectural Control Committee.

ENCLOSED GARAGES:  Each residence shall have, either attached or detached from the main dwelling building, an enclosed garage sufficient in size to accommodate two passenger automobiles.

LAUNDRY DRYING AREA:  Only removable “umbrella” type clotheslines may be used for exposed drying laundry.  Said clothes lines shall be removed and stored out of view immediately after use.  The hanging of garments, rugs, bedding or other items from trees, windows, balconies, pool enclosures or other structures outside the building for drying or airing is prohibited.

SIGNS:  No signs of any kind shall be displayed to the public view on any lot except one sign of not more than one square foot used to indicate the name of the resident, or one sign of not more than five square feet advertising the property for sale or for rent, or signs used by a builder or by sub-contractor as required by county regulations.

OIL AND MINING OPERATIONS:   No 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 excavations 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.

LIVESTOCK AND POULTRY:   No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.

GARBAGE AND REFUSE DISPOSAL:   No lot shall be used or maintained as a dumping ground for rubbish.  No garbage, refuse or rubbish shall be deposited or kept on any lot except in a suitable container.  Such container shall be shielded so that the container is not visible from any point on the front lot line of said lot, provided, however, that garden trash and rubbish that DeSoto County requires to be placed at the front of a lot in order to be collected by the DeSoto County garbage licensee, may be placed and kept at the front of the lot, and need not be in any container for periods not exceeding twenty-four hours.  All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

FENCES AND WALLS:   No fence or wall shall be erected on any lot, except for pool security fences, which must be approved by the Architectural Control Committee.

 

SIGHT DISTANCE AT INTERSECTIONS:   No hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines extended and a line connecting them at point twenty five feet from the intersection of the extended street lines.  The same signt-line limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement.   No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

LAKE AND LAKEFRONT LOTS:   The Following additional restrictions shall be applicable to lots fronting on Lake Suzy as shown on the subdivision plot.

No boathouse, dock, wharf, sea wall or other structure of any kind shall be erected, placed, altered, or maintained on the shores of Lake Suzy as shown on said plat, unless the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, location with respect to topography and finish grade elevation, and as to desirability per se.  It is the intention of this instrument to authorize the committee in its sole discretion to approve or disapprove any such boathouse, dock, wharf, sea wall or other structure on purely aesthetic grounds, or any other grounds, or for the reason that there should be no such boathouse, dock, wharf, or other structure on the lake front.

No powerboat or other mechanically powered watercraft or device driven or propelled by other than man-power, sail or electric motor shall be used or operate on said Lake Suzy, unless authorized by the Architectural Control Committee, which may prescribe rules and regulations governing such use or operation.

Shoreline contours of Lake Suzy above or below water may not be changed without the written approval of the Architectural Control Committee.  No lot shall be increased in size by filling in the waters upon which it abuts.

 

LAWNS AND CARE AND APPEARANCE OF PREMISES:   Upon completion of a dwelling, the yard shall be sodded with Floritam grass on all sided of the building, it being the intent that the lawn area be well maintained.  Front and side lawn areas shall be sodded to the pavement as appropriate, or otherwise to the property lines.  Parking strips, drives or other paved areas are not allowed, except as included and approved in the specifications and the plot plan.  The structures and ground on each lot shall be maintained in a neat and attractive manner.  Upon the owner’s failure so to do, Lake Suzy Property Owners Association hereinafter called the “LSPOA”, may, at its option, after giving the owner ten days written notice sent to his last known address, have the grass, weeds and vegetation cut when, and as often as the same is necessary in its judgment, and have dead trees, scrubs and plants removed from any lot.  Upon the owners failure to maintain the exterior of any structure in good repair and appearance the LSPOA may, at its option, after the owner is given sixty days’ written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner.  The owner of such lot shall reimburse the LSPOA for the cost of any work as above required, including 12% interest from the time that the work is completed, and to secure such reimbursement, the LSPOA shall have a lien upon such building lot enforceable as herein provided.  Upon performing the work herein provided, the LSPOA shall be entitled to file in the Public Records of DeSoto County, Florida, a notice of its claim of lien by virtue of this contract with the owner.  Said notice shall state the cost of said work, including interest, and shall contain a description of the property against which the enforcement of the lien is sought.  The lien herein provided shall date from the time that the work is completed, but shall not be binding against creditors or subsequent purchaser for a valuable consideration and without notice until said notice is recorded.  The lien herein provided shall be due and payable forthwith upon the completion of the work, and if not paid, said lien may be enforced by foreclosure in equity in the same manner as mortgages.  The liens herein provided shall be subordinate to the lien of any mortgage encumbering any lot to an institutional lender, provided, however, that any such mortgagee when in possession and any purchaser at any foreclosure sale, and all persons claiming by, through or under such mortgagee or purchaser, shall hold title subject to the obligations and liens herein provided.

 

PART C – Commercial Area Covenants

 

USE RESTRICTIONS:   Lots 1-7 of Block 4 shall hereinafter be considered for commercial use.

 

SETBACK RESTRICTIONS, ARCHITECTURAL AND BUILDING CONTROL:   Types of businesses, etc., shall be under the sole control of the Architectural Control Committee, unless governed by governmental control.  No building of any type shall be constructed or placed on Lots 1-7 of Block 4 unless all plans and specifications are first submitted to and approved by the Architectural Control Committee.

 

PART D – General Provisions

ENFORCEMENT:   Enforcement shall be by proceedings at law or equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages or both.

SEVERABILITY:   Invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.

ADDITIONAL RESTRICTIONS:   Lake Suzy Property Owners Association may from time to time, in its sole discretion, modify, amend or add to this Declaration of Restrictions.

 

WAIVER:   The Architectural Control Committee may waive upon application being made to it, any one or more of the foregoing conditions, restrictions, limitations or agreements, with respect to any designated lot of lots upon finding that such waiver would not be detrimental to the subdivision as a residential area of high standards, but any such waiver which must be evidenced in writing, shall not be deemed or construed to be a waiver of any such condition, restriction, limitation or agreement with respect to any other lot.  The Lake Suzy Property Owners Association can at anytime review the activities and actions of the Architectural Control Committee and reverse any decision or waiver granted by the committee by majority vote of the Board of Directors of the Lake Suzy Property Owners Association.

 (Executed July 7, 2003)    (Filed and Recorded July 11, 2003)