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Sand
Lake Hills phases 2 through 11 were developed by Bel-Aire Homes,
Inc. during the 1970's and 1980's. Bel-Aire completed this construction
in 12 sections and each section had it's own Declaration of
Covenants
and Restrictions recorded. Refer to the chart
A below to identify which section your home is located in
and to download an pdf of the C&Rs. If you do no wish to download
the pdf file you can refer to chart
B to
view Covenant and Restrictions affecting your property.
Chart
A - Sections by Street
Chart
B- Covenants & Restrictions Cross-reference Matrix
*Master
C&R affecting Sections 5 through 11
Declaration
of Covenants and Restrictions
(references added for web page are displayed in this color)
ARTICLE
I (Applies to all sections)
Definitions
The
definitions used in these Covenants and Restrictions, unless the
context otherwise specifies or requires, shall have the following
meanings:
a.
"Dwelling" means a single-family residence, attached or
detached nonpaying guesthouse, servants' quarters or any approved
accessory building.
b.
"Grantee" shall mean and refer to the record owner whether
a natural person or persons, partnership or corporation, of a fee
simple title to any Lot which is a part of the Property or to any
portion or portions of the Property, but excluding those having
such interest merely as security for the performance.
c.
"Lot" shall mean and refer to any part of the Property
shown as a platted Lot of Sand Lake Hills, Section
(2 through 11, as applicable), as recorded in the
Public Records of Orange County, Florida.
d.
"Subdivision" means Sand Lake Hills, Section (2
through 11, as applicable), Dr. Philips, Orange County,
Florida, as recorded in Plat Book
e.
"Property" means the subdivision.
ARTICLE
II
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The name "Dr. Phillips, Florida"
shall be an integral part of the name of each plat placed
of record or in the alternative the name of the plat will
be stated followed by the words "Dr. Phillips, Orange
County, Florida". (Article
II - paragraph 1 phases 2, 3 & 4 - paragraph 1 of Master
C&R all other phases)
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The Grantee agrees in accepting tide to
the Lot not to initiate or support a change in the name
of the area from that of Dr. Philips, Florida.
(Article II - paragraph 2 phases 2, 3 & 4 - paragraph
2 of Master C&R all other phases)
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The Grantee agrees in accepting title to
the Lot not to initiate or support a change in zoning which
would allow a use less restrictive than the present zoning
classification of re-lay, nor to initiate or support any
request for a variance or special exception permitting use
of any Lot in this Subdivision other than for a single family
dwelling as permitted under the present zoning classification.
(Article II - paragraph 3 phases 2,
3 & 4 - paragraph 3 of Master C&R all other phases)
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The Grantee agrees to cooperate in reestablishing a post
office at Dr. Phillips, Florida, if requested, and if it
is reestablished, the Grantee will use Dr. Phillips, Florida
for its mailing address and will not initiate or support
a change in the name thereof. (Article
II - paragraph 4 phases 2, 3 & 4 - paragraph 4 of Master
C&R all other phases)
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The Grantee agrees to use the Lot only for
residential purposes. (Article
II - paragraph 5 phases 2, 3 & 4 - paragraph 5 of Master
C&R all other phases)
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No retail or wholesale business of any nature or sale of
services or skills will be conducted on the Lot. (Article
II - paragraph 6 phases 2, 3 & 4 - paragraph 6 of Master
C&R all other phases)
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Use of a Lot or any portion of the Property
will be for single family dwellings, attached or detached
nonpaying guesthouses or servants quarters, docks, piers
and boathouses. (Article II - paragraph
7 phases 2, 3 & 4 - paragraph 7 of Master C&R all
other phases)
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The Grantee agrees to maintain Grantee's
Lot in a clean and sanitary condition. The Lot shall at
all times be maintained in an aesthetically attractive
appearance and there shall be removed therefrom all debris,
dead growth and fallen vegetation. Native vegetation such
as rosemary, palmetto and scrub oak shall not be removed
from the Lot where the retention of such vegetation shall
promote the attractive appearance of the Lot.
If,
after thirty (30) days written notice, given by the architectural
committee, the Homeowners Association, or any lot owner,
the Grantee has not complied with the foregoing requirements
regarding maintenance of the Lot, any Lot Owner or the
Lot Owner's designated agent by written appointment recorded
in the Public Records of Orange County, Florida, the architectural
committee, or the Homeowners Association, or any of them,
hereby reserve and are granted the right to enter the
Lot and to do all things necessary to comply with the
foregoing maintenance requirements. Upon the performance
of such maintenance by any Lot Owner or the Lot Owner's
designated agent as a matter of public record, the architectural
committee, or the Homeowners Association, or any of them,
such person or persons shall be entitled to recover the
cost of such maintenance, together with interest at the
rate of eight percent (8%) per annum from the date said
cost is incurred, from the owner of said Lot, together
with costs of collection and attorneys' fees, which cost,
interest, collection costs, and attorneys" fees,
shall be secured by a lien upon the Lot, which may be
perfected by recording of the same in the Public Records
of Orange County, Florida, and which may be foreclosed
at the option of the holder of such lien. Any such lien
shall be and is hereby declared to be subordinate to any
valid first mortgage encumbering the Lot. (Article
II - paragraph 8 phases 2, 3 & 4 - paragraph 8 of
Master C&R all other phases)
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The Grantee agrees that no stables or kennels
will be maintained on a Lot or Lots or any portion of the
Property in which more than three domesticated animals or
pets are kept therein. In no event shall domesticated fowl
be allowed to be kept on a Lot or Lots or any portion of
the Property. (Article II - paragraph
9 phases 2, 3 & 4 - paragraph 9 of Master C&R all
other phases)
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Plats of subdivisions of the Property must
be approved by the Foundation prior to recording thereof.
(Article II - paragraph 10 phases
2, 3 & 4 - paragraph 10 of Master C&R all other
phases)
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No septic tanks or other similar devices for disposition
of sanitary sewer type waste shall be installed or used
or permitted to be installed or used on any Lot or the Property.
(Article II - paragraph 11 phases
2, 3 & 4 - paragraph 11 of Master C&R all other
phases)
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No well for the production of water shall
be installed or permitted to be installed or used on a Lot
or the Property except for a shallow well to be used solely
for irrigation of lawns, shrubs and plants. Pumping of water
from any lake or stream adjacent to or near a Lot or the
Property is hereby prohibited, except for irrigation purposes
required by the Developer or its assigns for community parks,
entrances, street medians and other landscaped areas designated
for the benefit of Grantees. (Article
II - paragraph 12 phases 2, 3 & 4 - paragraph 12 of
Master C&R all other phases)
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All Dwellings and improvements constructed
on any Lot or the Property thereon shall meet the following
minimum requirements:
Minimum
lot area 7,500 sq. ft.
Minimum floor area of improvements
a. 1500 square feet for a one or two bedroom Dwelling;
b. 1650 square feet for a three bedroom Dwelling; and
c. 1800 square feet for a four or more bedroom Dwelling
Minimum lot width 7 5 ft.
Minimum front yard setback 25 ft.
Minimum rear yard setback 30 ft.
Minimum side yard setback 7-1/2 ft.
Maximum improvement height 35 ft.
(Article II - paragraph 13 phases
2, 3 & 4 - paragraph 17 of phase C&R all other
phases)
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No Dwelling or improvements erected in
the Subdivision shall exceed two stories in height. In
reference to paragraph (13 phases
2, 3 & 4 - paragraph 17 of phase C&R all other
phases), Minimum floor area of improvements;
this is exclusive of garages, unglazed porches, unroofed
screen patios, loggias or similar spaces. No exposed concrete
block shall be visible above grade. All exterior brick
or stone facing shall be to grade. (Article
II - paragraph 14 phases 2, 3 & 4 - paragraph 14 of
Master C&R all other phases)
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There shall exist an architectural control
committee which shall be composed of the President, a
designated Vice President and the Secretary of American
Equity Developers, Inc. The majority of said committee
may designate a representative to act for it, which representative
need not be a member of the committee and may be natural
or artificial, the designation of said representative
to be in writing, signed on behalf of American Equity
Developers, Inc., by its proper officers, and recorded
among the Public Records of Orange County, Florida. In
the event of death or resignation of any member of the
committee, the remaining members shall have full authority
to designate a successor who shall be an officer of American
Equity Developers, Inc. or the Owner of a Lot, or an interest
in a Lot. Neither the members of the committee, nor its
designated representative, shall be enticed to any compensation
for services rendered pursuant to this covenant. The said
American Equity Developers, Inc., or its successor, at
any time shall have the right to appoint a committee to
consist of five (5) persons owning land, or an interest
in land, in said subdivision, such appointment to be in
writing, signed on behalf of American Equity Developers,
Inc. or its successors, by its proper officers and recorded
among the Public Records of Orange County, Florida. When
so appointed said committee shall assume the functions
specified in this paragraph in lieu of the prior members
of said committee, and such committee shall have the right
to designate, by vote of a majority of its members, a
representative to perform such functions a s set forth
in this paragraph, the name of such designated representative
to be in writing, and recorded in the Public Records of
Orange County, Florida, as hereinbefore provided for.
In the event of death or resignation of any member of
such committee, or in the event any member ceases to own
land, or have an interest in land in said Subdivision,
the remaining member or members shall have full authority
to perform such functions, and in any event a majority
of the owners of land in said Subdivision shall have the
right to elect a successor, each lot to be entitled to
one vote.
No Dwelling, building or structure of any kind shall be
erected or altered in the Subdivision unto the plans and
specifications and location therefor shall have been submitted
to and approved by the Architectural Control Committee
in writing before any construction has commenced, and
the plans and specifications and location of all construction
thereunder, and every alteration of any Dwelling, building
or structure shall be in accordance with the budding,
plumbing and electrical codes of Orange County, Florida,
in effect at the time of such construction or alteration.
Disapproval of plans and specifications and location by
the Architectural Control Committee may be based on any
ground, including purely aesthetic reasons which, in the
sole and uncontrolled discretion of the Architectural
Control Committee shall be deemed sufficient.
Detailed and scale sketches, including location sketches,
shall be submitted by the Grantee to the Architectural
Control Committee for any improvements, additions or alterations
which may be erected on the Lot or any portion of the
Property and the Grantee shall be responsible for complying
with these Covenants and Restrictions. (Article
II - paragraph 15 phases 2, 3 & 4 - paragraph 1 of
phase C&R all other phases)
(Download Request for Architectural Approval of Home Improvements
form)
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No
wall (other than Dwelling walls) or fence shall be constructed
with a height of more than 6 feet above ground level of
adjoining Lots of the Property. No wall or fence of any
height shall be constructed on any Lot until the height,
type, design, and approximate location thereof shall have
been approved in writing by the Architectural Control
Committee. Chain link fences will be prohibited.
(Article II - paragraph 16 phases 2, 3 & 4 - paragraph
2 of phase C&R all other phases)
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All refuse containers, oil tanks and
bottled gas tanks shall be placed under ground or placed
in concealed areas within the Lot.
(Article II - paragraph 17 phases 2, 3 & 4 - paragraph
3 of phase C&R all other phases)
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In order to establish and maintain a
"Master Service Drainage and Percolation
System" for the Subdivision, each Lot containing
or contiguous to an area defined on
the plat of the Subdivision a s "Utility and Drainage
Easement", hereinafter referred to
as an "Easement" shall, notwithstanding any,
other provisions of these Covenants and
Restrictions, meet the requirements of this paragraph
as hereinafter set forth. "Contiguous" shall
mean that portion of the Easement abutting a Lot or Lots
lying within an
area 30 feet deep and the width thereof determined by
extending side property lines of
the Lot or Lots through said 30 foot area with an imaginary
dissecting line. (Article II
- paragraph 18 phases 2, 3 & 4 - paragraph 4 of phase
C&R all other phases)
a. No
building or structural improvements of any type may be
placed within the
Easement area, except transformer pads and fences of an
approved type, providing they
do not disturb the function of the Easement. The requirement
set forth in this sub
paragraph shall supersede the side setback requirements
as outlined in Paragraph (13
phases 2, 3 & 4 - paragraph 17 of phase C&R all
other phases) hereof where the Easement width
is in excess of the minimum sideline setback requirements.
b.
The Easement shall include a swale, which must be sodded
and may contain
high nutritive plantings. The easement will be properly
maintained by the Grantee as
shall all landscaped areas of a Lot. The Easement area
and swale design shall conform
to the typical location and design as prepared by Michaels-Stiggins,
Inc., Job No.
K-7217 more particularly shown on Exhibit "A"
(consisting of three (3) sheets), attached
hereto.
c.
In the event the Grantee does not comply with the requirements
as set forth
in this paragraph, then any Lot Owner, or his designated
agent, the Architectural
Control Committee or the Homeowners Association, or any
of them, shall have the right
to enter the Lot and do all things necessary to comply
with the foregoing requirements
of this Paragraph, and the cost thereof shall b e secured
by a lien, with the right of
enforcement, on the Grantee's Lot as provided in Paragraph
(8 phases 2, 3 & 4 - paragraph 8 of Master C&R
all other phases) hereof.
d.
Nothing contained herein shall preclude or prevent said
Easement being
dedicated as a utility or drainage easement and accepted
by the County or municipality,
as the case may be, for maintenance thereof. (Article
II - paragraph 18 phases 2, 3 & 4 - paragraph 4 of
phase C&R all other phases)
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No outdoor clothes drying areas shall be allowed on a
Lot unless they are enclosed to minimize their visibility
from other Lots or any portion of the Property.
(Article II - paragraph 19 phases 2, 3 & 4 - paragraph
5 of phase C&R all other phases)
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No temporary or accessory building, enclosures
or structure shall be used or erected on a Lot or any
portion of the Property without the written consent of
the Architectural Control Committee. (Article
II - paragraph 20 phases 2, 3 & 4 - paragraph 6 of
phase C&R all other phases)
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No
trucks in excess of one-half ton capacity, no habitable
vehicles and no commercial vehicles of any kind shall
be permitted to be parked in the Subdivision for a period
of more than four (4) hours unless it is necessary in
the actual construction or repair of buildings in the
Subdivision and no such trucks or commercial vehicles
shall be parked overnight in the Subdivision. No boats
or trailers may be parked in the Subdivision other than
inside of an enclosed garage. (Article
II - paragraph 21 phases 2, 3 & 4 - paragraph 7 of
phase C&R all other phases)
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In order to maintain the high standards
of the Subdivision and in order to supplement the enforcement
provisions a s set forth herein in regard to any violations
of these Covenants and Restrictions, the owners of the
Lots in the Subdivision are urged to form a homeowners
association, preferably in the form of a corporation not
for profit organized and existing under the laws of the
State of Florida. In order for such homeowners association
to be entitled to invoke the powers of enforcement as
herein granted to the homeowners association by these
Covenants and Restrictions, said homeowners association
shall consist of the owners of not less than twenty-five
(2 5) lots in this Subdivision. Evidence of compliance
with this percentage shall be by a membership roll signed
by the owners of said Lots and recertified to within three
(3) weeks of the close of each fiscal year adopted by
the homeowners association, such recertification to be
signed by said Lot owners. In the event the homeowners
association ceases to have the required percentage of
memberships at any time, such homeowners association shall
lose its power and right of enforcement as granted hereunder
until such time as the
membership roll has increased to the owners of not less
than twenty-five lots in this Subdivision. (Article
II - paragraph 22 phases 2, 3 & 4 - paragraph 8 of
phase C&R all other phases)
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Where
Lots have curved property lines, the setback lines and
distances set forth in Paragraph (13
phases 2, 3 & 4 - paragraph 17 of phase C&R
all other phases) hereof shall be taken at
right angles with the tangents to the curve. All other
setbacks shall be measured at right angles to the Lot
line. No Dwelling or improvements shall be erected on
a corner Lot so that a setback from the street on which
the building faces is less than 25 feet or so that the
setback from the side street is less than 15 feet. All
improvements and buildings erected on any Lot shall conform
to the setback requirements set forth in Paragraph
(13 phases 2, 3 & 4 - paragraph 17 of phase C&R
all other phases) hereof. (Article
II - paragraph 23 phases 2, 3 & 4 - paragraph 9 of
phase C&R all other phases)
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No Lot shall be increased in size by
filling any body of water on which the Lot abuts.
(Article II - paragraph 24 phases 2, 3 & 4 - paragraph
10 of phase C&R all other phases)
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In the event the Grantee desires to make
a bona fide sale, conveyance or,
other transfer of the Grantee's interest in a Lot at any
time when the Lot is not improved
with a single family Dwelling, then and in such event,
the Grantee shall give the
Developer fifteen (15) days' written notice of such proposed
sale, conveyance or transfer
and the consideration and terms thereof. The Developer
shall have the first option to
acquire the Grantee's interest in the Lot within such
fifteen (1 5) day period at the price
and on the terms of such sale, conveyance or transfer.
If the Developer does not elect
to acquire said interest on the same terms of any such
proposal, then this option shall
cease and terminate at the end of such fifteen (15) day
period. The option herein
reserved by the Developer shall b e effective for the
period within the life or lives of James Anthony Hinson,
Jr., Donald Scott Hinson and John Douglas Hinson, now
of Orange County, Florida, plus twenty-one (21) years.
(Article II - paragraph 25 of phase
2 only)
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The Grantee or purchaser, without recourse
by the holder thereof, expressly stipulates and agrees
that in the event proceedings are instituted to foreclose
any mortgage on the Grantee's Lot, the Developer shall
have the right to redeem said mortgage and the note thereby
secured for the amount due thereunder or to purchase the
Lot at the foreclosure sale, should the Grantee fail to
redeem or purchase such note and mortgage. In the event
the Developer redeems or purchases said note and mortgage
or purchases the Lot at such foreclosure sale, the Developer
shall take and have absolute fee simple title and right
of possession to the Lot |
