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Declaration of Covenants and Restrictions

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THE TREETOPS HOMEOWNERS' ASSOCIATION 2019
RULES AND REGULATIONS

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THE TREETOPS AT RANGER POINT HOA

FUTURE MEETINGS OF THE BOARD OF DIRECTORS AND THE ARCHITECTURAL REVIEW COMMITTEEFUTURE MEETINGS OF THE BOARD OF DIRECTORS WILL BE SCHEDULED TO TAKE PLACE ON A REGULAR BASIS ON THE THIRD TUESDAY OF EACH MONTH.  THE MEETING NOTICES AND AGENDA WILL STILL BE POSTED 48 HOURS IN ADVANCE.
IF THERE ARE NO AGENDA ITEMS FOR A PARTICULAR MEETING DATE THEN THAT MEETING WILL BE CANCELLED BY POSTING A CANCELLATION NOTICE 48 HOURS AHEAD OF THE PLANNED MEETING.
SIMILARLY, FUTURE MEETINGS OF THE ARCHITECTURAL REVIEW COMMITTEE WILL TAKE PLACE ON THE SECOND TUESDAY OF EACH MONTH, IF NEEDED.
THE ARC WILL NOT CONVENE MEETINGS ON AN AD-HOC BASIS AS IN THE PAST.
ALL ADDITIONS, CHANGES, MODIFICATIONS OR REPLACEMENTS MADE TO THE EXTERIOR OF HOMES AND VISIBLE FROM THE STREET, INCLUDING LANDSCAPING, REQUIRE THE APPROVAL OF THE ARC.PLEASE SUBMIT ALL APPLICATIONS WELL IN ADVANCE OF YOUR,OR YOUR CONTRACTORS, SCHEDULED START DATE TO ALLOW FOR THIS NEW MEETING SCHEDULE.  IT WILL NO LONGER BE ACCEPTABLE TO SUBMIT A REQUEST WITH A PLANNED START DATE BEFORE APPROVAL IS GIVEN IN WRITING. FORMS CAN BE​DOWNLOADED BELOW.
​  REMEMBER*** MEETINGS WILL BE ONCE A MONTH. ***


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ACC FORMS
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PEST CONTROL
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MOWING


T HE TREE TOPS AT RANGER POINT HOA

RULES AND REGULATIONS

(As of 4/12/2018)


The Rules and Regulations hereinafter enumerated by the Association are designed to promote the health, safety and social welfare of the property owners, their guests and lessees.

All Rules and Regulations shall be deemed to be in effect until amended by the Board of Directors of the Association and such amendments are agreed to by the members as outlined in Article 3 of the Bylaws of the Association and shall apply to and be binding upon all members. The members shall, at all times, obey said Rules and Regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, lessees or any persons for whom they are responsible or persons over whom they exercise control and/or supervision.

Violation of these Rules and regulations may subject the violator to any and all remedies available to the Association pursuant to the terms of the Declaration of Covenants and Restrictions, the Articles of Incorporation and the Bylaws of the Homeowners Association and to Florida law. Violations shall be addressed by the Association by means of injunction or other legal means, and the Association shall be entitled to recover in said actions, any and all court fees and costs incurred by it, together with reasonable attorney’s fees, against any person violating the Rules and Regulations, the Declaration of Covenants and Restrictions, the Articles of Incorporation, the Bylaws and any of the Exhibits attached thereto.

The Board of Directors may, from time to time, adopt, repeal or amend previously adopted Rules and Regulations governing the details of the operation, use, maintenance, management and control of the Development and any facilities or services made available to the members provided that such changes be adopted by the membership as outlined in Article 3.5 of the Bylaws of the Association.

Any waivers, consents or approvals given under these Rules and Regulations by the Board of Directors to any member and dealing with a specific issue shall be revocable at any time and shall not be considered a waiver, consent or approval of identical or similar situations unless notified in writing by the Board of Directors.


THE RULES AND REGULATIONS ARE AS FOLLOWS:


Section 1. Violations of Rules and Regulations

1.1 Violations should be reported to the President of the Association.

1.2 Violations will be called to the attention of the violating owner by the President of the Association and he or she will also notify the appropriate committee of the Board of Directors if required.

1.3 Disagreements concerning violations will be presented to and adjudicated by the Board of Directors who shall take appropriate action.

1.4 If a member, in good standing, is aggreived by a Board ruling, resulting from a dispute, the member can present their case to the Appeals Committee for adjudication. Ref. Article 10, section 1 (e) of the Bylaws.

Section 2. Facilities

2.1 The common facilities of the Development (the “Common Properties” referred to in the Declaration) are for the exclusive use of Association members, lessees, resident house guests and guests accompanied by a member. Any damage to the Common Properties or equipment caused by any resident or his or her guests or lessees shall be repaired at the expense of the member involved.

Section 3. Signs

3.1 No sign of any kind shall be displayed to the public view on the properties at any time with the following exceptions:

3.1.1 A “For Sale” sign,owner or agent generated, with appropriate information and of size normally associate with Real Estate signs. Such sign shall be located no more than six feet from the front of the dwelling.

3.1.2 An “Open House” sign, owner or agent generated, with appropriate information and of size normally associate with Real Estate signs. Such sign shall be located no more than six feet from the front of the dwelling.

3.2 When Association “garage or yard sales” are conducted from time to time, appropriate signs may be displayed at strategic entry points. Such signs shall be removed upon completion of the sale.

3.3 No sign of any kind shall be permitted on the outside walls of any building or on fences on the properties, nor on the Common Properties, nor on entryways or any vehicle within the properties.

Section 4. Insurance

4.1 The Association shall purchase Insurance on the Common Properties as may be necessary for the purpose of properly operating the Association. The Association may also purchase liability insurance covering the Association’s Directors and Officers. All damaged Common Property shall be repaired and restored to the original condition using the proceeds of the insurance. In the event the insurance proceeds are insufficient to cover the costs of such repair and restoration, a Special Assessment may be assessed against each owner as provided for in the Declaration. In the event the insurance proceeds exceed the amount require to repair and restore the damage, the excess shall be deposited with the Association for the operation of the Association and/or maintenance of the properties. The premiums for all such insurance purchased by the Association shall be deemed to be general expenses for the Association and shall be paid by the members.

Section 5. Home Set Up Requirements

5.1 All homes constructed upon a Lot shall conform to all state and local building codes and the Declarations of Covenants and Restrictions.

5.2 Additions to the constructed home are only permitted upon prior written approval by the Architectural Control Committee and the Board of Directors and shall meet all state and local codes.

Section 6. Exterior Appearance and Maintenance

6.1 The Lot and exterior of the home located on such Lot and all other areas appurtenant to the Lot (including driveways) shall not be painted, decorated or modified by any owner in any manner without the prior written consent of the ACC and the Board of Directors, which consents may be withheld on purely aesthetic grounds within the discretion of the ACC or the Board of Directors. No awnings, window guards, light reflective materials, hurricane or storm shutters, ventilators, fans or air conditioning devices shall be used in or about the Development except as may be approved by the ACC and the Board of Directors, which approval may be withheld on purely aesthetic grounds within the discretion of the ACC or the Board of Directors. The exterior of each home shall be maintained in a tasteful and attractive condition commensurate with the neighborhood.

6.2 The Association shall have no exterior maintenance responsibilities, periodic or otherwise, for Lots or Living Units. In the event any owner has failed to maintain the exterior of the improvements located on his Lot or Living Unit in accordance with the general standards of the community, then, after reasonable notice to the owner specifying such failure and upon the owners neglect or refusal to remedy the problem, the Board of Directors, in addition to maintenance of Common Properties, may provide any of the exterior maintenance upon each Living Unit it deems necessary in, it’s sole discretion, including but not limited to the following: painting, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. The cost thereof shall be assessed against the Lot or Living Unit and shall be charged to the owner. The Association, however, shall maintain the front yard grass area adjacent to the roadways of the properties. The cost of this maintenance shall be a common expense.

Section 7. Temporary Stuctures

7.1 No tents, trailers, vans, shacks, tanks or temporary or accessory structures shall be permitted in the Development at any time or used at any time as a residence.

7.2 A small storage shed, located at the rear of a home and not visible from the roadways may be permitted at the discretion of the ACC and the Board of Directors.

7.3 Disposal bins used in the construction phase of a home shall be permitted during such construction phase.

Section 8. Solicitation, Commercial Enterprise

8.1 There shall be no solicitation by any person anywhere in the development for any cause, charity or any purpose whatsoever, unless specifically authorized by the Board of Directors in writing. No commercial enterprise shall be conducted in the Development.

Section 9. Fences

9.1 Fences are not permitted except with ACC aproval. Generally, fences that enclose all or part of a Lot will be prohibited.

Section 10. Lot Maintenance

10.1 All Lots must be kept clear of equipment, debris and unsightly structures. In case of failure of owners to do so, the Association reserves the right to enter upon such Lots, mow the grass, clean up debris and charge the owner for expenses incurred.

Section 11. Single Family

11.1 All Living Units (as defined in the Declaration) shall be used for Single Family residential purposes only and only one family per Living Unit shall be allowed.

Section 12. Clotheslines

12.1 No clotheslines are permitted on a Lot except portable umbrella style clothes poles will be allowed in backyards only for the purpose of drying clothes. Said poles shall be set up in the rear of the home out of sight from the street.

Section 13. Exterior Antennas

13.1 Exterior antennas and dishes shall be permitted in accordance with FCC regulations and applicable Florida Statutes. Such antennas and dishes shall be located so as to be aesthetically pleasing and not interfere with neighbors view or enjoyment of their courtyards.

Section 14. Trash and Garbage

14.1 No lumber, metals, bulk materials, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction of any structure approved in accordance with these Rules and Regulations.

14.2 If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers approved by the County may be placed in the open on any day that a pick up is to be made at such place on the Lot as will be accessible to persons making such pick up. At all other times such containers shall be stored so that they cannot be seen from surrounding properties.

14.3 The Board of Directors, at it’s discretion, may adopt and promulgate reasonable Rules and Regulations relating to the size, shape, color and type of containers permitted and the manner of storage of the same.

Section 15. Pets

15.1 A maximum of two household pets (excluding fish and birds) may be kept at the discretion of the Association provided they do not become a nuisance or annoyance to any neighbor. Cats, Dogs, Fish and Birds are the only pets permitted. All pets must be restrained and kept on a leash and under control when outside of the owners home. All Pets must be cleaned up after and no pets shall despoil any Common Properties or any neighbors Lot.

Section 16. Landscaping

16.1 Each Lot shall be Landscaped and sodded to the edge of the street. Any additional landscaping other than that originally provided must be approved by the ACC.

Section 17. Nuisances

17.1 No noxious, offensive or unlawful activity shall be carried on within the Development, nor shall anything be done therein which may become an annoyance or nuisance or interfere with the rights, comforts and convenience of other owners.

Section 18. Parking and Vehicle Restrictions

18.1 Automobiles, vans and other vehicles of residents and guests are not to be parked on the streets except in the case of special occasions of entertainment. No part of any vehicle parked on a driveway or on a lot shall protrude into the paved roadway. Vehicles with a carrying capacity (as defined in the vehicle registration and/or on the vehicle capacity plate) in excess of 1500 lbs. (¾ ton) are not permitted. Vehicle overall length, including towing or other attachments shall not exceed 22 feet. Vehicles of residents or guests are not to be parked on vacant lots or on common property other than that area designated as overflow parking. (The parking area at the Clubhouse/Pool.) In addition to automobiles, vans, motorcycles, mopeds, power scooters and golf carts are permitted to be parked in the garage. All permitted vehicles must be operational and registered/plated with the appropriate governmental authority.

18.2 No commercial vehicles shall be allowed in the Development except for such time as is necessary to perform repairs,delivery or for temporary commercial purposes. Residents may have only two (2) vehicles parked on their driveway overnight.

18.3 No Motor Homes or Recreational Vehicles are permitted to be parked overnight in the Development except in the designated overflow parking area for a period not to exceed seven (70 days and only with the prior written consent of the Board of Directors. During said seven day period Motor Homes and recreational vehicles may not be used for sleeping or other living purposes.

18.4 No vehicle which cannot operate under it’s own power shall remain within the Development, and no repair of vehicle shall be permitted, except that owners are permitted to make repairs or conduct maintenance of their vehicles provided same occurs within their garage.

18.5 No boats, boat trailers, utility trailers or trailers of any kind are to be kept on a lot unless within an enclosed garage.

18.6 All parking and traffic regulations posted for the safety, comfort and convenience of the owners must be obeyed.

Section 19. Reserved for future use.

Section 20. Recreational Facilities

20.1 Rules and regulations dealing with the use and enjoyment of all recreational facilities shall be in the form of a Codicil with such Codicil forming an integral part of these Rules and Regulations and subject to all remedies imposed on the abuse and misuse of the Common Properties as outlined in these Rules and Regulations, Bylaws, Articles of Incorporation and Declaration. The Codicil shall include but not be limited to the following facilities: Swimming Pool and Surrounding Deck, Cabana/Clubhouse, Tennis Court, Shuffleboard Court, Horse Shoe Pitch.

20.2 Any Rules and Regulations contained in the Codicil may be amended, repealed or added toat any time at the sole discretion of the Board of Directors provided that such additions, amendments, or repeals are approved by the members as outlined in Article 3 of the Bylaws. Such changes in the Codicil shall shall have the effect of amending these Rules and Regulations.

Section 21. Residential Use Restrictions

21.1 All Lots should be used, improved and devoted exclusively for residential use.

21.2 An owner may not lease a residence for a term of less than three (3) months.

21.3 All leasing by owner, or agent, is subject to ALL of the provisions of The Tree Tops at Ranger Point Homeowners Association.

21.4 All Leases must be in writing. A Unit owner may lease only his entire unit, and then only in accordance with the provisions of this Section, after receiving the written approval of the Association. For purposes hereof, occupancy of a unit by a person or persons in the absence of the Owner, except for the spouse or immediate family member of the Owner or spouse of the owner, in excess of twenty one (210 days shall be treated as a lease. Only natural persons may lease units for single family residential purposes, defined as follows: occupancy by a single housekeeping unit composed of one (1) person; two (2) people no matter how related; or three (3) or more persons all of whom are related to each other by blood, marriage, legal adoption or acting as guardian, legal custodian, or legal designee of a parent for a minor child residing within the unit; it being the intention of this provision to prohibit occupancy of a unit by three (30 or more unrelated adults while clarifying that nothing herein shall be applied or construed to permit discrimination based upon familial status, handicap or other protected classifications under the Fair Housing Laws.
Procedures regarding leasing are as follows:

i. Notice by the Unit Owner. An Owner intending to lease their unit or renew or extend a lease shall give the Board of Directors, or it’s designees, written notice of such intention at least thirty (30) days prior to the proposed transaction, the applicable fee, together with name and address of the proposed tenant, and executed copy of the proposed lease and such other information as may reasonably be required.

1. Tenant Applications. Application for permission to lease shall be made on application forms available from the Association, to include provisions authorizing credit, criminal and past tenancy investigation checks. The tenant applicant shall pay to the Association a transfer fee, up to the amount allowed by law, to cover the investigative checks. The fee is non-refundable.

2. Approval. After the required notice, payment of application fee and all investigation checks, information and/or appearances requested have been provided, the Board shall approve or disapprove the proposed tenant within the thirty (30) day time period. If the Board neither approves or disapproves the application within the time stated above, such failure to act shall be deemed equivalent to approval, and on demand from the tenant the Board shall issue a written letter of approval to the tenant.

3. Disapproval. A proposed tenant may be disapproved by the Board for cause if investigative results do not meet the required minimum criteria promulgated from time to time by the Board of Directors, or are otherwise unsatisfactory. The minimum criteria shall include the following:

a. The owner is delinquent in the payment of assessments at the time the application is considered.
b. The owner has a history of leasing his unit to troublesome tenants and/or refusing to control and accept responsibility for the occupancy of his unit.
c. The application on its face appears to indicate that the person seeking approval intends to conduct himself in a manner inconsistent with applicable covenants and restrictions:
i. The prospective tenant has been convicted of a felony involving violence to persons or property, or a felony demonstrating dishonesty or moral turpitude;
ii. The prospective tenant has a history of conduct which evidences disregard for the rights and property of others;
iii. In the case of a renewal, the tenant has, during previous occupancy, evidenced an attitudeof disregard for applicable covenants and restrictions; and
iv. The prospective tenant gives false information or incomplete information to the Association as part of the application procedure.

4. Assessments. The legal responsibility for paying Association assessments shall not be delegated to or become the responsibility of the tenant.

5. Failure to Give Notice or Obtain Approval. If proper notice is not given, the Board may approve or disapprove the tenant. Any lease entered into without written approval may, at the option of the Board, be treated as a nullity, and the Board shall have the power to evict the tenant with thirty (30) days notice, and without securing consent to such eviction from the owner or owners agent.

6. Disapproval Notice. Notice of disapproval of the tenant shall be sent or delivered to the owner and owners agent presenting the proposed intent to lease.

7. Board Delegation. The Board may, by resolution, delegate approval powers to an ad hoc committee, which shall consist of at least two (2) Board members, two (2) Association members, and the community Manager.

ii. Regulation by Association. All of the provisions of the documents and rules and regulations of the Association shall be applicable and enforceable against any person occupying a living unit as a tenant or guest to the same extent as against the owner. A covenant on the part of each occupant to abide by the rules and regulations of the Association and the provisions of the documents, designating the Association as the owners agent with the authority to terminate any lease agreement and evict the tenant(s) in the event of breach of such covenant, shall be deemed to be included in every lease agreement, whether oral or written, and whether specifically expressed in such agreement or not. The Board may require the use of a lease addendum to incorporate the terms of this paragraph into any lease approved by the Board. The unit owner(s) shall have a duty to bring his or her tenants conduct into compliance with the declaration and/or the rules and regulations by whatever action is necessary including, without limitation, the institution of eviction proceedings, without notice to cure, where legally permissible. If the unit owner fails to bring the conduct of the tenant into compliance, the Association shall then have the authority to act as agent of the owner to undertake whatever action is necessary to abate the tenant’s non- compliance, including, without limitation, the right to institute an action for eviction against the tenant in the name of the Association. The Association shall have the right to recover any costs or fees, including attorney’s fees, from the unit owner which shall be secured by assessment and lien in the same manner as common expense charges.

Section 22. Home Restrictions

22.1 Not withstanding any provision to the contrary in these rules, no home may be constructed upon a Lot without the written approval of the Architectural Control Committee (ACC) and the Board. Request for approval for the location of a home upon such Lot must be accompanied by a detailed explanation of the type, model and nature of the home to be located on the Lot. The ACC shall have the sole discretion to determine if such home, as proposed, meets and is in conformity with these rules and regulations and the Declaration and which homes shall be in conformity with and exhibit good taste commensurate with the rest of the Development.

Section 23. Architectural Control Committee

23.1 Any approval rights or other rights granted to the Association in these Rules and Regulations may be delegated to the Architectural Control Committee when the matter involved is properly a subject for ACC involvement in accordance with the Declaration.

Section 24. Interpretation

24.1 If any irreconcilable conflict should exist with respect to the interpretation of the Rules and Regulations and the Declaration of Covenants and Restrictions, the provisions of the Declaration shall prevail.

Section 25.

These Rules and Regulations with designated codicils have been duly adopted by the members of The Tree Tops at Ranger Point Homeowners Association Inc. at duly called members meetings at various times as Recorded in Charlotte County, Florida, records.


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THE TREE TOPS AT RANGER POINT HOA
ARCHITECTURAL REQUIREMENTS


The exterior of each home shall be maintained in a tasteful and attractive condition commensurate with the neighborhood.


General Requirements: The following general requirements are to be met with regard to intent and written word;
1. Building.
i. One lot, one house; one house, one lot.
ii. Single Family detached homes only.
iii. Single story, site built, stucco finish.
iv. Size: 35% land use under AC—maximum.
1200 sq.ft. under AC—minimum.
v. Attached two car garage.
vi. Pitched roofs.
vii. Roofs to be of Tile or Shingle, of a color compatible with tile and shingle roofs currently existing in the development.
viii. Home styles to be similar in character and design with existing home styles in the development.
ix. External paint colors to be approved by the ACC prior to application.
x. Construction standards and set-backs to comply with State of Florida and Charlotte County building codes.

2. Landscaping and Exterior Facilities.
i. Property Owners will provide written certification from a licensed plumber that all sewer hook-ups have been correctly connected    to the operating sewer system.
ii. Concrete driveways, and walkways from the driveway to the main entrance of the house, are required.
iii. Concrete sidewalks are required to be continued.
iv. Post lights, which conform with existing community standards in style and location, shall be installed and wired to the house so that they automatically come on at night.
v. Mailboxes, which conform with existing community standards in style and location, shall be mounted on support posts and installed.
vi. Each lot shall be landscaped and sodded to the edge of the street.
vii. Trees and shrubs shall be planted in accordance with Charlotte County requirements.
viii. Lawn sprinkler system is required at front and sides of house. Wells are not permitted.
ix. Fences are only permitted with prior written approval of the ACC with respect to style, materials, size, construction and location, and must meet all Charlotte County codes and permit requirements.

3. Other Rules and Regulations.
i. In addition to the above, all other Rules and Regulations of the Association currently in force and relating to the construction, repair and maintenance of any structure within the development, and the external appearance of any such structure and it’s surroundings shall be taken into consideration by the ACC.





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RULES & REGS
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ACC FORMS
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PEST CONTROL
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MOWING