Deed Restrictions Most Asked Questions
(This is Not a complete list of our Deed Restrictions)
Here is a section of the most asked questions about our Deed Restrictions or HOA covenants as some may call it.
This first section is not a complete list of our Deed Restrictions, and not to be considered a legal document.
To get the entire legal documents from 1998 to the most recent revision, see below this section or use the contact form on the home page.
Here is a section of the most asked questions about our Deed Restrictions or HOA covenants as some may call it.
This first section is not a complete list of our Deed Restrictions, and not to be considered a legal document.
To get the entire legal documents from 1998 to the most recent revision, see below this section or use the contact form on the home page.
ARTICLE V
USE RESTRICTIONS
SECTION 1. VIOLATION.
If any person claiming by, through or under Declarant, or its successors or assigns, or any other person, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Declarant or any other person owning real estate subject to these covenants to sue such person, and to recover damages or other dues for such violation, or to enjoin the violation or to recover any proceeding at law or in equity to prevent or to enjoin such violation. The party or parties bringing any such action may recover, if they shall prevail, in addition to any other relief to which they may be entitled, reasonable attorney's fees from the person or persons violating these restrictions or from the owner or owners of the estate or estates to which such restrictions are violated, in addition to any other costs and provisions contained herein, which shall be fully enforced.
SECTION 2. RESIDENTIAL LOTS.
All lots included within the real estate to which these restrictions apply, shall remain in use for single family residential use. No structure shall be erected, altered, placed or permitted to remain on any described lot, other than one single family dwelling unit not to exceed two stories in height. Any such dwelling shall contain at least 900 square feet of living area, exclusive of areas such as basements, screened porches and garages, but any two-story, split-level, or raised ranch type of home, a total heated living area of not less than 1100 square feet. The floor area of any such structure, excluding any basement area, may not count the area of porches. Any such dwelling shall not be maintained under a dug-out. Such allowed. These restrictions shall not apply to the erection of an attached garage. No dwelling shall be approved of the surface of the lot for more than two automobiles. No mobile office. In the event of the sale of a constructed dwelling and the builder, the enclosed garage area does not have to be included in the square footage limitations as set forth.
SECTION 3. BUILDING LOCATION.
Any building, in addition to the construction of a dwelling, shall be built and maintained on the lot so that it shall conform to the architectural controls. All garages shall have compliance with the setback requirements set by the property by the County of Polk.
SECTION 4. NO OFFENSIVE ACTIVITY.
No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which constitutes a public nuisance.
Section 5. No Temporary Structures
Unless otherwise specifically allowed or permitted under these covenants, no trailer which is capable of being occupied for temporary or permanent dwelling purposes, basement, tent, shack, detached garage, barn or similar structure shall at any time be placed temporarily or permanently upon the Property.
Sheds and Storage - Email or mail your plans to the HOA for verification before you start!
Sheds or storage buildings approved by the Architectural Committee and meeting all of the following requirements may be constructed or erected on a Lot:
(A) Such structures may only be constructed or erected in the back or rear yard of a Lot.
(B) The floor area shall not exceed one hundred twenty (120) square feet; exterior walls shall not exceed seven (7) feet in height measured from the ground; and the peak of the roof (which must be the highest point of the structure) shall not exceed eight and one-half (8 ½) feet measured from the ground.
(C) Such structures shall be constructed in a manner that meets or exceeds the applicable building code. Prefabricated structures shall, additionally, be anchored to the ground in accordance with the manufacturer’s recommendations or as required by law, whichever is more demanding.
(D) Such structures must be constructed or erected on: (a) a concrete slab; or (b) on pier blocking. If pier blocking is used the entire perimeter of the structure shall be enclosed with a skirting attached to the bottom of the structure and extending downward to the ground and such skirting must be sufficient to prohibit rodents from entering the space beneath the structure.
(E) The color of such structures shall be approved by the Architectural Review Committee.
(F) The back or rear yard of any Lot on which such a structure is constructed or erected must be enclosed with a fence meeting the criteria of Article V, Section 6, except that: (i) chain link fences shall only suffice provided privacy slats are used; and (ii) the fence must be six (6) feet in height.
Any Owner who desires to construct, erect or modify a shed or storage building on any Lot subsequent to the effective date of this provision (the "Effective Date", as hereinafter defined) must, prior to constructing, erecting or modifying such structure, apply for approval from the Architectural Committee. The Architectural Committee’s determination that any request for approval fails to meet the requirements of this provision shall be deemed conclusive for all purposes.
Those Owner's upon whose Lots a shed or storage building was erected or constructed prior to the Effective Date shall not be required to apply for approval from the Architectural Committee as such structures as they existed on the Effective Date of this provision; however, they shall be required to make such changes and/or modifications as may be necessary to bring such structures into compliance with this provision within five (5) years from the Effective Date.
As used herein Effective Date shall mean the date the amendment to the Declaration of Covenants, Conditions and Restrictions Reflections East Homeowners Association, Inc. creating this provision is recorded in the public records of Polk County, Florida.
Section 6. Fences - Email or mail your plans to the HOA for verification before you start!
No fences or walls of any type shall be constructed, erected or maintained in the front yard of any Lot; however, fences approved by the Architectural Committee and meeting and subject to all of the following requirements, limitations and restrictions may be constructed, erected and maintained on other portions of a Lot:
(A) All fences must be constructed with new material or, in the case of prefabricated fences, must be brand new when placed on a Lot.
(B) The maximum height of any fence shall be six (6) feet; however, in the case of wood, PVC or other prefabricated fencing material other than chain link, the height of the fence measured from the ground may extend to six and one-half (6 ½) feet at those points on a Lot where there is a small, natural depression in the ground and the positioning of such prefabricated fence and its support structures makes it impracticable to comply with the six (6) foot height limitation at such point(s) on the Lot.
(C) All posts and/or other structures supporting a fence must be located on the side of the fence which faces the house located on the Lot. The purpose of this requirement is to assure that the more aesthetically pleasing side of the fence is visible from the side of the fence which faces away from the house located on the Lot.
(D) Fences situated on the side of any house located on a Lot (a “Side Yard Fence”) must comply with the following, additional, requirements: (1) The maximum extent to which a Side Yard Fence may extend from the rear of the house on the Lot on which the subject fence is located towards the front of that house is to a point which is the lesser of the following: (a) one-third (1/3rd) of the distance from the rear of the house to the front of the house; or (b) no closer to the front of the house than the front corner of the house constructed on the Lot immediately adjacent to the side of the Lot on which the subject fence is located. When subsection (a) hereof controls, the Board of Directors shall have the authority and discretion to grant written variances to allow a fence to extend further towards the front of the house as it deems reasonable and appropriate. (2) If there is a Side Yard Fence which is not chain link, the color of all the fences situated on the Lot must either be: (a) natural wood or stained; or (b) white PVC.
Any Owner who desires to construct, erect or modify a fence on any Lot subsequent to the effective date of this provision (the “Effective Date”, as hereinafter defined) must, prior to constructing, erecting or modifying such fence, apply for approval from the Architectural Committee. The Architectural Committee’s determination that any request for approval fails to meet the requirements of this provision shall be deemed conclusive for all purposes.
Those Owner’s upon whose Lots a fence was erected or constructed prior to the Effective Date shall not be required to apply for approval from the Architectural Committee as to such fences as they existed on the Effective Date of this provision; however, they shall be required to make such changes and/or modifications as may be necessary to bring such fences into compliance with this provision within five (5) years from the Effective Date.
As used herein Effective Date shall mean the date the amendment to the Declaration of Covenants, Conditions and Restrictions Reflections East Homeowners Association, Inc. creating this provision is recorded in the public records of Polk County, Florida.
SECTION 7. AERIALS; ANTENNAS.
Exterior radio aerials, television or cable antennas shall not be attached to the front or side of any dwelling, house, but, if used, shall be located at the rear of the home. Additionally, no aerials, television or cable antennas shall be extended to a height of more than fifteen (15) feet above the roof ridge line to which the aerials, cable or antenna is constructed.
No satellite antennas (commonly referred to as discs or dishes) shall be erected or located upon the property in any location unless completely surrounded by fence or hedge.
Section 8. Outdoor Clothes Drying
Drying of clothing and other items outside of a home situated on a Lot is permitted subject to the following requirements: (a) such items must be dried on a removable, umbrella type clothesline which does not exceed six (6) feet in height measured from its highest point to the ground; (b) such clothesline must be situated in the rear or back yard of a Lot; (c) only one (1) such clothesline may be situated on any Lot; and (d) such clothesline must be enclosed by a fence meeting the criteria of Article V, Section 6, except that: (i) chain link fences shall not suffice to satisfy this requirement; and (ii) the fence must be six (6) feet in height.
SECTION 9. EASEMENTS.
The Declarant, for itself and its successors and assigns, hereby reserves and is given a perpetual, alienable and releasable easement, privilege and right on, over and under (1) the common areas (2) all easements of record as described on the plat of Reflections East as recorded in Plat Book 1606, Pages 46 and 47, Public Records of Polk County, Florida.
(A) The Declarant shall have the unrestricted sole and power of alienating and releasing the privileges, easements and right referred to in this section so long as the Declarant shall own at least one (1) lot within the property. The owners of the lot subject to the right, privileges, and easements referred to in this section shall acquire no right, title or interest to or to any pipes, lines or other equipment or facilities placed on, over or under the property which is subject to said privileges, right and easement and the sole and exclusive use of the property Declarant and his successors and assigns.
Section 10. Parking
Except as expressly provided herein, all cars, trucks, vans and other wheeled vehicles must be kept inside a garage or parked on the driveway. Trailers and recreational vehicles of all types other than boats must be parked in the garage and may only be parked on the driveway or street for brief periods of time before and after their use (not to exceed two (2) days before and after any single use and a maximum of six (6) days in the aggregate over any consecutive thirty (30) day period) for the purpose of loading, unloading or cleaning. Boats and the trailers upon which they sit must be parked inside a garage or in the back or rear yard of the Lot; however, if parked in the back or rear yard such yard must be enclosed with a fence meeting the criteria of Article V, Section 6, except that: (a) chain link fences will only suffice to satisfy this requirement if they have privacy slats; and (b) the fence must be six (6) feet in height. Commercial vehicles may be parked in a street or driveway when necessary for providing services to an Owner, or for pickup and delivery service, but only while undertaking such activity and never overnight. No car, truck, van and other wheeled vehicle may be repaired or maintained on or adjacent to a Lot, except within a garage. All vehicles located on a Lot or any street must be operable and have a current license tag and shall have operable sound control devices and/or sound muffler and other anti-noise in compliance with all noise recommendations imposed by any entity with jurisdiction over the Property.
SECTION 11. PETS.
No livestock, poultry or other farm animals of any kind shall be raised, bred or kept on any lot. Dogs, cats and other household pets may be kept on a lot provided that they are not kept, bred, or maintained for any commercial purposes or for personal restraint and control by use of a leash, kept, or a secure enclosure are used in the keeping of them.
SECTION 12. ARCHITECTURAL CONTROL COMMITTEE WAIVER.
The Board of Directors of the Association may, pursuant to the provisions of Article VIII, Section 1 of the Association’s bylaws, appoint an Architectural Committee to perform the functions delegated to such committee herein. In the event the Board of Directors has not appointed an Architectural Committee or if such committee is, for any reason, not functioning the Board of Directors of the Association shall perform the functions described herein as being the responsibility of the Architectural Committee. The Board of Directors shall be the only body with the authority to grant waivers or variances from the requirements of this declaration of covenants, conditions and restrictions regardless of whether an Architectural Committee has been appointed and is then functioning.
SECTION 13. TRASH.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and shall be kept only in closed containers and all equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition.
SECTION 14. SIGNS.
No sign of any kind may be displayed to the public view on any lot except one professional sign of not more than five (5) square feet advertising the property for sale or rent. Signs may be used by the Declarant and/or the Builder to advertise the property during the initial construction and sales period without limitation of size and/or shape so long as signs are displayed in a professional manner.
SECTION 15. COMMON AREAS.
No improvements shall be constructed upon any portion of the common areas without the approval of the Board of Directors of the Homeowners Association. These areas shall be maintained by the Association as open recreational areas and roadways as provided in the plat of the property for the use and benefit of all lot owners.
(A) No activities constituting a nuisance shall be conducted upon common areas.
(B) No rubbish, trash, garbage, or other discarded items shall be placed or allowed to remain upon common areas.
SECTION 16. PROPERTY MAINTENANCE. In the event an owner of any lot shall fail to maintain the premises and improvements situated thereon which is not in accordance with the covenants, conditions and restrictions outlined herein, including landscaping, grass and shrubbery, the owner shall be notified and given thirty (30) days in which to correct or abate the situation. If the owner fails to do so, the Homeowners Association shall have the right (although it shall not be required to do so) to enter upon said lot for the purpose for repairing, maintaining and restoring the lot and the exterior of the buildings and other improvements located thereupon at the sole cost of the owner of said lot. The cost of such repair, maintenance and restoration shall then constitute a lien upon said lot which lien shall become effective only upon the filing of a written claim of lien. The form, substance and enforcement of said lien shall be in accordance with the Property Lien Law of the State of Florida, and the owner of said lot shall, by virtue of having acquired said lot subject to these restrictions, be deemed to have authorized and contracted for such repair, maintenance and restoration. The lien of the Board will be subordinate only to mortgage liens.
SECTION 17. UTILITIES. The City of Winter Haven, or its successors or assigns, has the sole and exclusive right to provide all water and sewage facilities and service to the property herein, and no well of any kind shall be dug or drilled on any one of the lots or tracts to provide water for irrigation or other purposes from the City of Winter Haven, or its successors or assigns. No water for the purpose of irrigating the trees, shrubbery, grass, or any other item or object used within said tracts shall be obtained or produced by the use of any private water or sewage disposal plant. All sewage disposal and chlorination systems connected with the sewage lines or tracts of the lots or tracts and providing through the lines controlled by the City of Winter Haven, or its successors or assigns. No water shall be obtained from any source or of any kind, by means of boring, drilling, or any other form of condensate except as shall be provided through the pipes, lines or mains of the City of Winter Haven or its successors or assigns. No water from any other source than that provided by the City of Winter Haven, or its successors or assigns, shall be used for the purpose of irrigating the trees, shrubbery, grass or any other item or object used within said tracts. The Association has and reserves to itself and its successors and assigns the sole and exclusive right and franchise to provide water and sewage facilities and service to the property as described in this Declaration and the plat of the property for the purpose of installation and/or repair of water and sewage facilities.
ARTICLE VI
GENERAL PROVISIONS
SECTION 1. ENFORCEMENT. The Association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of the Declaration. In the event the Association or any owner has to enforce any covenant or restrictions herein contained shall be deemed a waiver of the right to do so thereafter. In any litigation, including breach, enforcement, or interpretation, arising out of this declaration, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
SECTION 2. SEVERABILITY. Invalidation of any of these covenants or restrictions by judgment or Court Order shall in no wise affect any other provisions which shall remain in full force and effect.
SECTION 3. AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-five (25) year period by an instrument signed by two-thirds (2/3) of the lot owners, and thereafter by an instrument signed by not less than two-thirds (2/3) of the lot owners. Any Amendment must be recorded.
Owners anticipate and may accomplish platting and developing additional lots under other phases of Reflections East and therefore, Owners, their heirs, personal representatives and assigns retain and reserve the right to amend this Declaration of Restrictions together with but not limited to the Articles of Incorporation of Reflections East Homeowners Association, Inc., a Florida Non-profit corporation, and its By-Laws, without notice and without the acquiescence or consent of any lot owner, for the purpose of incorporating additional phases to the Reflections East Subdivision as such additional phases are developed.
USE RESTRICTIONS
SECTION 1. VIOLATION.
If any person claiming by, through or under Declarant, or its successors or assigns, or any other person, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Declarant or any other person owning real estate subject to these covenants to sue such person, and to recover damages or other dues for such violation, or to enjoin the violation or to recover any proceeding at law or in equity to prevent or to enjoin such violation. The party or parties bringing any such action may recover, if they shall prevail, in addition to any other relief to which they may be entitled, reasonable attorney's fees from the person or persons violating these restrictions or from the owner or owners of the estate or estates to which such restrictions are violated, in addition to any other costs and provisions contained herein, which shall be fully enforced.
SECTION 2. RESIDENTIAL LOTS.
All lots included within the real estate to which these restrictions apply, shall remain in use for single family residential use. No structure shall be erected, altered, placed or permitted to remain on any described lot, other than one single family dwelling unit not to exceed two stories in height. Any such dwelling shall contain at least 900 square feet of living area, exclusive of areas such as basements, screened porches and garages, but any two-story, split-level, or raised ranch type of home, a total heated living area of not less than 1100 square feet. The floor area of any such structure, excluding any basement area, may not count the area of porches. Any such dwelling shall not be maintained under a dug-out. Such allowed. These restrictions shall not apply to the erection of an attached garage. No dwelling shall be approved of the surface of the lot for more than two automobiles. No mobile office. In the event of the sale of a constructed dwelling and the builder, the enclosed garage area does not have to be included in the square footage limitations as set forth.
SECTION 3. BUILDING LOCATION.
Any building, in addition to the construction of a dwelling, shall be built and maintained on the lot so that it shall conform to the architectural controls. All garages shall have compliance with the setback requirements set by the property by the County of Polk.
SECTION 4. NO OFFENSIVE ACTIVITY.
No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which constitutes a public nuisance.
Section 5. No Temporary Structures
Unless otherwise specifically allowed or permitted under these covenants, no trailer which is capable of being occupied for temporary or permanent dwelling purposes, basement, tent, shack, detached garage, barn or similar structure shall at any time be placed temporarily or permanently upon the Property.
Sheds and Storage - Email or mail your plans to the HOA for verification before you start!
Sheds or storage buildings approved by the Architectural Committee and meeting all of the following requirements may be constructed or erected on a Lot:
(A) Such structures may only be constructed or erected in the back or rear yard of a Lot.
(B) The floor area shall not exceed one hundred twenty (120) square feet; exterior walls shall not exceed seven (7) feet in height measured from the ground; and the peak of the roof (which must be the highest point of the structure) shall not exceed eight and one-half (8 ½) feet measured from the ground.
(C) Such structures shall be constructed in a manner that meets or exceeds the applicable building code. Prefabricated structures shall, additionally, be anchored to the ground in accordance with the manufacturer’s recommendations or as required by law, whichever is more demanding.
(D) Such structures must be constructed or erected on: (a) a concrete slab; or (b) on pier blocking. If pier blocking is used the entire perimeter of the structure shall be enclosed with a skirting attached to the bottom of the structure and extending downward to the ground and such skirting must be sufficient to prohibit rodents from entering the space beneath the structure.
(E) The color of such structures shall be approved by the Architectural Review Committee.
(F) The back or rear yard of any Lot on which such a structure is constructed or erected must be enclosed with a fence meeting the criteria of Article V, Section 6, except that: (i) chain link fences shall only suffice provided privacy slats are used; and (ii) the fence must be six (6) feet in height.
Any Owner who desires to construct, erect or modify a shed or storage building on any Lot subsequent to the effective date of this provision (the "Effective Date", as hereinafter defined) must, prior to constructing, erecting or modifying such structure, apply for approval from the Architectural Committee. The Architectural Committee’s determination that any request for approval fails to meet the requirements of this provision shall be deemed conclusive for all purposes.
Those Owner's upon whose Lots a shed or storage building was erected or constructed prior to the Effective Date shall not be required to apply for approval from the Architectural Committee as such structures as they existed on the Effective Date of this provision; however, they shall be required to make such changes and/or modifications as may be necessary to bring such structures into compliance with this provision within five (5) years from the Effective Date.
As used herein Effective Date shall mean the date the amendment to the Declaration of Covenants, Conditions and Restrictions Reflections East Homeowners Association, Inc. creating this provision is recorded in the public records of Polk County, Florida.
Section 6. Fences - Email or mail your plans to the HOA for verification before you start!
No fences or walls of any type shall be constructed, erected or maintained in the front yard of any Lot; however, fences approved by the Architectural Committee and meeting and subject to all of the following requirements, limitations and restrictions may be constructed, erected and maintained on other portions of a Lot:
(A) All fences must be constructed with new material or, in the case of prefabricated fences, must be brand new when placed on a Lot.
(B) The maximum height of any fence shall be six (6) feet; however, in the case of wood, PVC or other prefabricated fencing material other than chain link, the height of the fence measured from the ground may extend to six and one-half (6 ½) feet at those points on a Lot where there is a small, natural depression in the ground and the positioning of such prefabricated fence and its support structures makes it impracticable to comply with the six (6) foot height limitation at such point(s) on the Lot.
(C) All posts and/or other structures supporting a fence must be located on the side of the fence which faces the house located on the Lot. The purpose of this requirement is to assure that the more aesthetically pleasing side of the fence is visible from the side of the fence which faces away from the house located on the Lot.
(D) Fences situated on the side of any house located on a Lot (a “Side Yard Fence”) must comply with the following, additional, requirements: (1) The maximum extent to which a Side Yard Fence may extend from the rear of the house on the Lot on which the subject fence is located towards the front of that house is to a point which is the lesser of the following: (a) one-third (1/3rd) of the distance from the rear of the house to the front of the house; or (b) no closer to the front of the house than the front corner of the house constructed on the Lot immediately adjacent to the side of the Lot on which the subject fence is located. When subsection (a) hereof controls, the Board of Directors shall have the authority and discretion to grant written variances to allow a fence to extend further towards the front of the house as it deems reasonable and appropriate. (2) If there is a Side Yard Fence which is not chain link, the color of all the fences situated on the Lot must either be: (a) natural wood or stained; or (b) white PVC.
Any Owner who desires to construct, erect or modify a fence on any Lot subsequent to the effective date of this provision (the “Effective Date”, as hereinafter defined) must, prior to constructing, erecting or modifying such fence, apply for approval from the Architectural Committee. The Architectural Committee’s determination that any request for approval fails to meet the requirements of this provision shall be deemed conclusive for all purposes.
Those Owner’s upon whose Lots a fence was erected or constructed prior to the Effective Date shall not be required to apply for approval from the Architectural Committee as to such fences as they existed on the Effective Date of this provision; however, they shall be required to make such changes and/or modifications as may be necessary to bring such fences into compliance with this provision within five (5) years from the Effective Date.
As used herein Effective Date shall mean the date the amendment to the Declaration of Covenants, Conditions and Restrictions Reflections East Homeowners Association, Inc. creating this provision is recorded in the public records of Polk County, Florida.
SECTION 7. AERIALS; ANTENNAS.
Exterior radio aerials, television or cable antennas shall not be attached to the front or side of any dwelling, house, but, if used, shall be located at the rear of the home. Additionally, no aerials, television or cable antennas shall be extended to a height of more than fifteen (15) feet above the roof ridge line to which the aerials, cable or antenna is constructed.
No satellite antennas (commonly referred to as discs or dishes) shall be erected or located upon the property in any location unless completely surrounded by fence or hedge.
Section 8. Outdoor Clothes Drying
Drying of clothing and other items outside of a home situated on a Lot is permitted subject to the following requirements: (a) such items must be dried on a removable, umbrella type clothesline which does not exceed six (6) feet in height measured from its highest point to the ground; (b) such clothesline must be situated in the rear or back yard of a Lot; (c) only one (1) such clothesline may be situated on any Lot; and (d) such clothesline must be enclosed by a fence meeting the criteria of Article V, Section 6, except that: (i) chain link fences shall not suffice to satisfy this requirement; and (ii) the fence must be six (6) feet in height.
SECTION 9. EASEMENTS.
The Declarant, for itself and its successors and assigns, hereby reserves and is given a perpetual, alienable and releasable easement, privilege and right on, over and under (1) the common areas (2) all easements of record as described on the plat of Reflections East as recorded in Plat Book 1606, Pages 46 and 47, Public Records of Polk County, Florida.
(A) The Declarant shall have the unrestricted sole and power of alienating and releasing the privileges, easements and right referred to in this section so long as the Declarant shall own at least one (1) lot within the property. The owners of the lot subject to the right, privileges, and easements referred to in this section shall acquire no right, title or interest to or to any pipes, lines or other equipment or facilities placed on, over or under the property which is subject to said privileges, right and easement and the sole and exclusive use of the property Declarant and his successors and assigns.
Section 10. Parking
Except as expressly provided herein, all cars, trucks, vans and other wheeled vehicles must be kept inside a garage or parked on the driveway. Trailers and recreational vehicles of all types other than boats must be parked in the garage and may only be parked on the driveway or street for brief periods of time before and after their use (not to exceed two (2) days before and after any single use and a maximum of six (6) days in the aggregate over any consecutive thirty (30) day period) for the purpose of loading, unloading or cleaning. Boats and the trailers upon which they sit must be parked inside a garage or in the back or rear yard of the Lot; however, if parked in the back or rear yard such yard must be enclosed with a fence meeting the criteria of Article V, Section 6, except that: (a) chain link fences will only suffice to satisfy this requirement if they have privacy slats; and (b) the fence must be six (6) feet in height. Commercial vehicles may be parked in a street or driveway when necessary for providing services to an Owner, or for pickup and delivery service, but only while undertaking such activity and never overnight. No car, truck, van and other wheeled vehicle may be repaired or maintained on or adjacent to a Lot, except within a garage. All vehicles located on a Lot or any street must be operable and have a current license tag and shall have operable sound control devices and/or sound muffler and other anti-noise in compliance with all noise recommendations imposed by any entity with jurisdiction over the Property.
SECTION 11. PETS.
No livestock, poultry or other farm animals of any kind shall be raised, bred or kept on any lot. Dogs, cats and other household pets may be kept on a lot provided that they are not kept, bred, or maintained for any commercial purposes or for personal restraint and control by use of a leash, kept, or a secure enclosure are used in the keeping of them.
SECTION 12. ARCHITECTURAL CONTROL COMMITTEE WAIVER.
The Board of Directors of the Association may, pursuant to the provisions of Article VIII, Section 1 of the Association’s bylaws, appoint an Architectural Committee to perform the functions delegated to such committee herein. In the event the Board of Directors has not appointed an Architectural Committee or if such committee is, for any reason, not functioning the Board of Directors of the Association shall perform the functions described herein as being the responsibility of the Architectural Committee. The Board of Directors shall be the only body with the authority to grant waivers or variances from the requirements of this declaration of covenants, conditions and restrictions regardless of whether an Architectural Committee has been appointed and is then functioning.
SECTION 13. TRASH.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and shall be kept only in closed containers and all equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition.
SECTION 14. SIGNS.
No sign of any kind may be displayed to the public view on any lot except one professional sign of not more than five (5) square feet advertising the property for sale or rent. Signs may be used by the Declarant and/or the Builder to advertise the property during the initial construction and sales period without limitation of size and/or shape so long as signs are displayed in a professional manner.
SECTION 15. COMMON AREAS.
No improvements shall be constructed upon any portion of the common areas without the approval of the Board of Directors of the Homeowners Association. These areas shall be maintained by the Association as open recreational areas and roadways as provided in the plat of the property for the use and benefit of all lot owners.
(A) No activities constituting a nuisance shall be conducted upon common areas.
(B) No rubbish, trash, garbage, or other discarded items shall be placed or allowed to remain upon common areas.
SECTION 16. PROPERTY MAINTENANCE. In the event an owner of any lot shall fail to maintain the premises and improvements situated thereon which is not in accordance with the covenants, conditions and restrictions outlined herein, including landscaping, grass and shrubbery, the owner shall be notified and given thirty (30) days in which to correct or abate the situation. If the owner fails to do so, the Homeowners Association shall have the right (although it shall not be required to do so) to enter upon said lot for the purpose for repairing, maintaining and restoring the lot and the exterior of the buildings and other improvements located thereupon at the sole cost of the owner of said lot. The cost of such repair, maintenance and restoration shall then constitute a lien upon said lot which lien shall become effective only upon the filing of a written claim of lien. The form, substance and enforcement of said lien shall be in accordance with the Property Lien Law of the State of Florida, and the owner of said lot shall, by virtue of having acquired said lot subject to these restrictions, be deemed to have authorized and contracted for such repair, maintenance and restoration. The lien of the Board will be subordinate only to mortgage liens.
SECTION 17. UTILITIES. The City of Winter Haven, or its successors or assigns, has the sole and exclusive right to provide all water and sewage facilities and service to the property herein, and no well of any kind shall be dug or drilled on any one of the lots or tracts to provide water for irrigation or other purposes from the City of Winter Haven, or its successors or assigns. No water for the purpose of irrigating the trees, shrubbery, grass, or any other item or object used within said tracts shall be obtained or produced by the use of any private water or sewage disposal plant. All sewage disposal and chlorination systems connected with the sewage lines or tracts of the lots or tracts and providing through the lines controlled by the City of Winter Haven, or its successors or assigns. No water shall be obtained from any source or of any kind, by means of boring, drilling, or any other form of condensate except as shall be provided through the pipes, lines or mains of the City of Winter Haven or its successors or assigns. No water from any other source than that provided by the City of Winter Haven, or its successors or assigns, shall be used for the purpose of irrigating the trees, shrubbery, grass or any other item or object used within said tracts. The Association has and reserves to itself and its successors and assigns the sole and exclusive right and franchise to provide water and sewage facilities and service to the property as described in this Declaration and the plat of the property for the purpose of installation and/or repair of water and sewage facilities.
ARTICLE VI
GENERAL PROVISIONS
SECTION 1. ENFORCEMENT. The Association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of the Declaration. In the event the Association or any owner has to enforce any covenant or restrictions herein contained shall be deemed a waiver of the right to do so thereafter. In any litigation, including breach, enforcement, or interpretation, arising out of this declaration, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
SECTION 2. SEVERABILITY. Invalidation of any of these covenants or restrictions by judgment or Court Order shall in no wise affect any other provisions which shall remain in full force and effect.
SECTION 3. AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-five (25) year period by an instrument signed by two-thirds (2/3) of the lot owners, and thereafter by an instrument signed by not less than two-thirds (2/3) of the lot owners. Any Amendment must be recorded.
Owners anticipate and may accomplish platting and developing additional lots under other phases of Reflections East and therefore, Owners, their heirs, personal representatives and assigns retain and reserve the right to amend this Declaration of Restrictions together with but not limited to the Articles of Incorporation of Reflections East Homeowners Association, Inc., a Florida Non-profit corporation, and its By-Laws, without notice and without the acquiescence or consent of any lot owner, for the purpose of incorporating additional phases to the Reflections East Subdivision as such additional phases are developed.
Full Legal Covenants and Restrictions
If your an agent or a resident member and need a copy of the Covenants and Restrictions please contact us.
Deed restrictions 1998
Amended Deed restrictions 2002
2006
Amended Deed Restrictions 2006
