Rules and Regulations
Rules and Regulations
Rules and Regulations
Table of Contents
GLOSSARY ....................................................................................................... 6
Introduction ................................................................................................................... 7
Meetings ......................................................................................................................... 9
Introduction .................................................................................................................14
POLICIES ....................................................................................................... 71
COVENANTS’ ENFORCEMENT........................................................................................77
Edition History
First edition, dated June 2012
Note this Document is proprietary in nature and may not be used, duplicated, etc.
except with the written permission of K. Hovnanian Homes (Tampa Division) and
Premier Community Consultants, Inc.
Declarant –The Declarant creates the community documents thus “declaring” that the
community is being developed with specific covenants and restrictions that will be
placed upon all of the lots within the development.
Home site – Any lot that has a dwelling constructed upon it.
Landscape Bed - Bed around the perimeter of the house and/or an island within the
lawn. The beds typically contain shrubs, trees, and flowers.
Owner – A person or persons who have legal title to a lot within Valterra. This term
can be used inter-changeably with the term Member.
Transition – An event that occurs when 90% of the Home sites within Valterra have
been transferred to a third party without Declarant rights. At transition, all Board
members appointed by the Developer will resign and the Members will elect new Board
members who shall all be Owners within Valterra.
Word “may” – Typically used in the phrase “may be” and means optional.
Word “shall” – Typically used in the phrase “shall be” and means mandatory.
Word “should” – Typically used in the phrase “should be” and means recommended.
I. Introduction
The community of Valterra is a Master Planned Community that may be
comprised of as many as 50 homes.
In order to preserve, protect and enhance the property values of those who
purchase homes within the community of Valterra, the Valterra Homeowners Association
(Association) was created. All owners of property within the Valterra community are
Members of the Association. This Membership includes certain mandatory obligations,
financial responsibilities and a commitment to abide by the deed (use) restrictions and
rules of the Association.
To maintain, protect and enhance the value of the homes and common property
within Valterra.
To record and manage this vision through a system of governance that respects
this perspective.
Chapter 720 Florida Chapter 720 of the Florida Statutes regulates Homeowners Associations
Statutes like Valterra and takes precedence over the Valterra documents listed
Homeowners below. Anytime that there is a discrepancy between this statute and the
Associations Valterra documents, the statute will prevail.
Community The CCR’s are recorded in the public records of Hillsborough County.
Declaration (CCR’s) They establish a contract between the Association and the property
owners and create obligations which are binding upon the Association
and all present and future owners of property within Valterra. The CCR’s
contain the plan of development, the method of operation and the rights
and responsibilities of the association and the owners of property within
the association.
Articles of Filed with the Florida Secretary of State and as an exhibit to the CCR’s,
Incorporation the Articles establish the Association, as a not-for-profit corporation
under Florida law.
Bylaws Details how the Association’s internal affairs will be conducted. Included
in this document are the requirements for noticing and conducting
meetings, voting rights of Members, elections procedures, and job
descriptions for officers and committees. This is recorded as an exhibit to
the CCR’s.
Amendments or These are recorded at some point after the CCR’s are recorded and may
Supplements add land or impose additional obligations or restrictions on the property.
Amendments may be made to the CCR’, Articles and Bylaws by the
Developer until such time as the Association is transitioned to
homeowner control or they may later be amended by a vote of the
Membership as outlined in the CCR’s, Articles and Bylaws.
Architectural The Valterra CCR’s require that standards and guidelines for
Guidelines improvements and modifications to the exterior of a house (including
structures and landscaping) be developed. The Architectural Guidelines
were created jointly by the Board of Directors and the Architectural
Control Committee. It is not necessary that they be recorded in the
public records of Hillsborough County and can be amended by the Board
of Directors at the recommendation of the Architectural Control
Committee.
Rules and These are adopted by the Board of Directors to govern the use of
Regulations property, activities and conduct. An example is Pool Rules. Rules and
Regulations are not recorded in the public records of Hillsborough
County.
Board Resolutions Resolutions are adopted by the Board of Directors to establish rules,
policies, and procedures for internal governance and Association
activities, and to regulate operation and use of Common Property.
The governing authority for the Association is the Board of Directors (“Board”).
Currently, there are three Members of the Board and all are appointed by the Developer.
At the time that 90% of the total planned homes that can be built within Valterra have
V. The Committees
Architectural Control Committee (ACC) This committee is responsible for reviewing all
Architectural Alteration Applications made by
residents for improvements to the exterior of
the house or lot. The committee also reviews
Architectural Guidelines and recommends
changes and/or additions to the Board for
adoption.
Covenants Enforcement Committee This is the hearing tribunal for the Association
(CEC) and has the authority to recommend monetary
fines for Members who are non-compliant with
the CCR’s and rules of the Association. They
also advise the Board on needed clarifications
to existing rules or restrictions and may
recommend additional rules or document
amendments for consideration by the Board.
VI. Meetings
The Annual Membership meeting is held once a year. Until turnover, the
Developer’s presence constitutes a quorum. After turnover a quorum of 10% of all
owners is required in order to conduct business. It’s important that all owners complete
and mail in their proxy to the management company in order to be counted toward the
Committee meetings are held monthly if needed. If there are no requests for the
Architectural Control Committee or appeals hearings for the Covenants Enforcement
Committee they will not meet. Committees may meet by teleconference call. Members
are encouraged to volunteer to serve on committees and are welcome to attend
meetings.
The Board of Directors is responsible for creating and adopting the annual
budget for the Association.
The management company oversees the accounting needs for the Association
and prepares a financial report each month. An audit of the financial statements of the
Association is prepared by an accounting firm as part of the transition process. The
year-end financial statement is provided to all Members.
The Board is tasked with levying an assessment on each owner based upon that
owner’s fair share of the anticipated budgetary needs for the coming year. The budget
is divided into the expense categories of administrative, grounds maintenance, amenities
maintenance, utilities, and reserves, if applicable. Administrative expenses include the
cost of management, legal and accounting services, office expenses (i.e. printing of
newsletters, postage, costs associated with leasing a space to conduct the Annual
Membership Meeting) and insurance. Insurance policies in place for the Association
include Property and Casualty, General Liability, Worker’s Compensation, and Directors
and Officers Liability. The Grounds Maintenance category includes such items as
landscape maintenance, pond maintenance, annuals, mulch, and costs associated with
maintaining the common area walls, fences and signs. Utilities include electricity and
water. The reserve account funds, if applicable, are held in a separate bank account
The Board is also responsible for the collections of each owner’s assessments. A
collection policy has been adopted by the Board and is published in the Policies, Rules
and Regulations section of this Book of Standards.
As noted in Section IV, the Board is responsible for all decision making for the
Association but can delegate some duties to others. The community management
company has been contracted by the Board to assist in implementing the decisions
made by the Board. The management company has assigned a community manager to
Valterra. In Florida, community managers are required to have a CAM license that is
issued by the Department of Business and Professional Regulations and to attend
continuing education courses related to community management on an annual basis.
The manager reports to the President of the Board and is responsible for overseeing the
day to day business of the Association and for implementing the decisions made by the
Board.
More than a destination at the end of the day, a community is a place people want to call
home and where they feel at home. This goal is best achieved when homeowners, non-owner
residents and association leaders recognize and accept their rights and responsibilities. This
entails striking a reasonable balance between the preferences of individual homeowners and the
best interests of the community as a whole. It is with this challenge in mind that Community
Associations Institute (CAI) developed Rights and Responsibilities for Better Communities.
Rights and Responsibilities can serve as an important guidepost for all those involved in
the community—board and committee members, community managers, homeowners and non-
owner residents.
Expect owners and non-owner residents to meet their financial obligations to the
community.
Expect residents to know and comply with the rules and regulations of the community
and to stay informed by reading materials provided by the association.
Respectful and honest treatment from residents.
Conduct meetings in a positive and constructive atmosphere.
Receive support and constructive input from owners and non-owner residents.
Personal privacy at home and during leisure time in the community.
Take advantage of educational opportunities (e.g., publications, training workshops) that
are directly related to their responsibilities, and as approved by the association.
Fulfill their fiduciary duties to the community and exercise discretion in a manner they
reasonably believe to be in the best interests of the community.
Exercise sound business judgment and follow established management practices.
Balance the needs and obligations of the community as a whole with those of individual
homeowners and residents.
Understand the association’s governing documents and become educated with respect to
applicable state and local laws, and to manage the community association accordingly.
Establish committees or use other methods to obtain input from owners and non-owner
residents.
Conduct open, fair and well-publicized elections.
Welcome and educate new members of the community - owners and non-owner
residents alike.
Encourage input from residents on issues affecting them personally and the
community as a whole.
Encourage events that foster neighborliness and a sense of community.
Conduct business in a transparent manner when feasible and appropriate.
Allow homeowners access to appropriate community records, when requested.
Collect all monies due from owners and non-owner residents.
Devise appropriate and reasonable arrangements, when needed and as feasible,
to facilitate the ability of individual homeowners to meet their financial obligations
to the community.
Provide a process that residents can use to appeal decisions affecting their non-routine
financial responsibilities or property rights—where permitted by law and the association’s
governing documents.
Initiate foreclosure proceedings only as a measure of last resort.
Make covenants, conditions and restrictions as understandable as possible, adding
clarifying “lay” language or supplementary materials when drafting or revising the
documents.
Provide complete and timely disclosure of personal and financial conflicts of interest
related to the actions of community leaders, e.g., officers, the board and committees.
(Community associations may want to develop a code of ethics.)
I. Introduction
The intent of the contents of this guide, as well as the existence of the
Architectural Control Committee (ACC), is to provide the Guidelines required for
maintaining an aesthetically pleasing community. Adhering to these Guidelines is
beneficial for all involved in that they are meant to protect the investment of the
homeowners, as well as portray a quality community of well-planned homes constructed
with long lasting materials maintaining high construction standards.
In conjunction with the recorded Documents (Declaration, Article 19) for Valterra
Homeowners Association, the design standards are binding on all parties having interest
in any portion of Valterra, and each homeowner is required to comply with the
requirements as set forth. Any failure to comply with these requirements will be subject
to remedies provided for in the recorded Documents.
The architectural review process has been established to maintain the integrity of
the architectural and design character of Valterra. To this end, the Architectural Control
Committee (ACC) will review all proposed additions, improvements or alterations on
homes for conformity with the Architectural Guidelines. Article 19 of the Declaration sets
forth provisions with respect to the review process, including possible delegation of
certain review functions to a resident staffed Committee and the ultimate transfer of the
review function to the Committee at the end of the Declarant Control Period. Until such
transfer, any and all approval and denial rights rest with the Declarant and each such
approval or denial will be in writing. In the event that certain reviewing functions are
To the extent that any government ordinance, building code or regulation requires a
more restrictive standard than that found in these Guidelines, the government standards
shall prevail. To the extent that any government ordinance, building code or regulation
is less restrictive than these Guidelines and any standards contained herein, or the
Declaration, these Architectural Guidelines and the Declaration shall prevail.
Terms such as “good taste” and “sound design” are difficult to define and even more
difficult to legislate. It is the intent of these Guidelines to encourage “good design” by
showing examples of the desired result. Elements such as deed restrictions, appropriate
attention to scale, proportion to the community should be considered with all requests.
The ACC has the right to modify, revise, add, delete or make any changes to this
manual by joint resolution with the Board of Directors.
Materials: Continuity is established by the use of the same materials and color
palette as were used in the original construction.
Workmanship: The quality of work shall be equal to or better than the surrounding
area.
A. General Information
1. A homeowner wishing to make an exterior change or modification to
their dwelling, unit, home site or parcel shall apply for and receive written
approval for such change or modification prior to start of the project.
B. Supporting Documents/Materials
1. An Alteration Application will not be considered accepted until it is
accompanied by the required plans, and/or specifications showing the
nature, kind, shape, height, materials and color to be used and the
location of the proposed alteration.
b) Contractor drawings.
B. Initial Review
1. It is required that a homeowner submit to the ACC an Alteration
Application for the modification that is being requested, along with a set
4. The ACC shall review the information and indicate its approval,
disapproval, or recommendations for change to the plan.
5. The ACC will review the accompanying documents within 45 days and
return one set of plans to the Owner accompanied by a letter indicating
the ACC’s decision and shall be rendered in one (1) of the following four
(4) forms:
a) “Approved” - the entire document submitted is approved in
total, subject to the existing Architectural Guidelines.
D. Construction Commencement
1. Upon completion of Step 2, a copy of the building permit shall be
submitted to the ACC prior to the Owner beginning construction.
3. Any modification to the original application for any reason shall also
be re-approved.
4. Property owner & his/her contractor are responsible for obtaining &
complying with all building permits, building codes and setbacks.
E. Final Inspection
1. The ACC shall have the right to enter upon and inspect any property
at any time before, during, or after the completion of work for which
approval has been granted.
Owners making changes in advance of receiving approval from the ACC will
receive a letter from the Community Manager. Owner will have fifteen (15) days from
Failure to comply with this request could result in monetary fines and legal
action. All costs associated with gaining compliance shall be charged to the Owner’s
account.
VII. Reconstruction
Owners who offer their house for sale shall first advise the Community Manager
and bring their house and property into full compliance with all provisions and
requirements of the latest edition and revisions of these Guidelines. The Community
Manager will issue a certificate of compliance. Non-compliance with this provision shall
be disclosed on the estoppel letter, which could result in a lower sales price or delay of
closing.
As a means of defraying its expense, the ACC may institute and require a
reasonable filing fee to accompany the submission of plans and specifications. No
additional fee shall be required for re-submissions. If special architectural or other
professional review is required of any particular improvement, the applicant shall also be
responsible for reimbursing the ACC for the cost of such review.
X. Appeals Process
In the event that the ACC disapproves any plans and specifications, the applicant
may request a rehearing by the ACC for additional review of the disapproved plans and
specifications. The meeting shall take place no later than 30 days after written request
for such meeting is received by the ACC, unless applicant waives this time requirement
in writing. The ACC shall make a final written decision no later than 30 days after such
meeting. In the event the ACC fails to provide such written decision within 30 days, the
plans and specifications shall be deemed disapproved.
Upon final disapproval by the ACC, the applicant may appeal the decision of the
ACC to the Board of Directors within 30 days of the ACC’s written review and
disapproval. Review by the Board shall take place no later than 30 days after receipt of
the applicant’s request for review. If the Board fails to hold such a meeting within 30
days after receipt of the request for such meeting, then the plans and specifications
A. Additions
1. The architectural design of any and all alterations, additions, and
renovations to the exterior of any existing house shall strictly conform to
the design of the original house in style, detailing, materials and color.
3. All additions to houses shall be built within the setback lines originally
established for Valterra regardless of any more lenient requirements of
any local governmental agency.
10. No additions shall extend beyond the side walls of the house.
B. Air Conditioners
1. Document Reference – Declaration Article 12, Section 12.46.
C. Antennae
1. Document Reference – Declaration Article 12, Section 12.33.
4. The ACC requires that all such items be screened from view and that
the installation of the antenna comply with all applicable safety
restrictions, including any restrictions as to location and height of antenna
as imposed by applicable fire codes, electrical codes, zoning codes, and
building codes.
9. Should you feel that your roof is the ONLY location that will give you
proper reception, please contact the management company immediately
and provide a copy of the proposed location.
10. Installation of satellite dish shall be in accordance with the 1996 and
1998 amendments to the Federal Telecommunications Act. Placement
shall be as inconspicuous as possible.
11. All installations shall meet the minimum wind load requirements of
the Southern Building Code (latest edition) concerning wind resistance
and other applicable requirements.
12. Homeowners shall not permit their antennae and satellite dishes to
fall into disrepair or to become a safety hazard, and shall be responsible
for their maintenance, repair and replacement, and the correction of any
safety hazard.
D. Awnings
1. No awnings (metal, fabric, wood, plastic or other materials) shall be
permitted.
E. Barbecues/Smokers/Grills/Fire pits
1. Barbecue grills and smokers may be located or permitted upon the
back patio or yard of a house.
e) Dimensions may not exceed 10’ x 10’ x 10’ (at peak height).
G. Car Covers
1. Car covers including tarps are not permitted.
H. Carriage Lights
1. Carriage light sizes and locations shall harmonize with the front
elevation of the house. A picture with color and dimensions shall be
attached to the Exterior Change Request. Lights shall be black, white or
natural metal in color.
I. Clotheslines
1. Document Reference – Declaration Article 12, Section 12.22.
2. Clotheslines shall only be installed in the rear yard and behind the
structure (house).
3. They shall not be visible from the street along the front of the house.
4. They shall be retractable, displayed only when in use, and used for
the shortest possible time to accomplish drying of the clothes.
2. All decks and patios shall be in the rear yard of the lot and not visible
from the street in front of the house.
2. The exterior colors and materials shall relate to the exterior of the
house in which they are located or blend with the environment. The
height of the dog house may not exceed the height of the fence. These
are subject to the proper maintenance, care and appearance as with any
structure.
4. The placement of dog houses shall also take into consideration safety
concerns, noise minimization, the possibility of offensive odors, etc.
5. Dog runs (partial fencing of an area) and kennels are not permitted.
7. Invisible fencing wiring shall be buried no less than six inches (6”)
inside the lot line. No alterations of the yard grade shall be permitted with
the installation of such system.
L. Doors
1. Doors may be replaced with doors that are similar in style and
composition. Requests for replacement doors shall be submitted including
pictures and color choices.
2. Residents shall not put trees, bushes, plantings, bird baths, lawn
ornaments, planters, bird feeders, flower pots, picnic tables, furniture,
fences, walks, hedge enclosures and other types of groupings on
common grounds or any other Association property.
Q. Fences
1. Document Reference - Declaration Article 12, Section 12.14.
3. All fences shall be white PVC as described below. Any gates shall be
in the same style, materials and color as the fence.
6. No fence shall be constructed closer than ten feet (10’) from the front
corners of the house, excluding any concrete patios.
7. Any side fencing on a corner lot shall be located no more than one-
half (1/2) of the distance between the side wall of the house and the side
property line that is next to the side street. The measurement for the
distance of this fence shall start at the side wall of the house and proceed
to the front edge of the sidewalk.
9. The finished side of the fence shall face the neighboring properties.
No posts or stringers shall be visible from the outside of the fence.
10. Fences shall not be installed flush to the ground and shall not
block, obstruct or otherwise impede the designed drainage flow
on the owners’ Lot or any adjoining Lots.
11. At minimum, the fence shall meet at the house and extend to the side
property line following the side property line to the rear property line. The
rear of the property may remain unfenced. All fences shall be installed on
or within three inches (3”) of the property lines. Partial fencing of the
yard is not permitted. Fences along the rear shall be installed on the
property line and shall abut adjacent neighboring fences. If a fence is
installed inside of the actual property line, neighboring fences shall abut
the fence and this shall not be considered a trespass or encroachment.
12. Any fence shall be constructed so that it will abut any existing fences
on any neighboring Lot(s). No alleys between fences are permitted.
13. If a fence abuts a community fence or wall then its height shall not
exceed that of the community fence or wall.
14. All fences shall be maintained by the Lot owner (not the Association)
and kept in good order and repair, clean and in like-new condition, except
as set forth in the Declaration.
18. Fences on corner lots require close coordination with the ACC due to
their unique layout and concerns for vehicle visibility/safety, compliance
with existing easements and County building code setback requirements.
21. If the fence is being installed over a drainage easement, the ACC may
approve the installation in this location with the Buyer/Owner
acknowledgement that in the event that any access is required to perform
work on the drainage system, the Buyer/Owner will be responsible for
removing the fence as needed to accommodate the contractor’s schedule
and provide access for the required work at his/her cost. Fences shall be
installed to where the panels are level at the top in order to permit the
proper drainage of water in the swale.
23. The Declarant reserves the right to erect fences and walls outside the
scope of these guidelines.
R. Firewood
1. Firewood shall be maintained in good order and shall be located
within the sidelines or in the back yard of a Residence in order to
preserve the open space vistas.
3. Firewood shall be a minimum of ten feet (10 ft.’) from the house
structure.
5. A free standing flag pole, not to exceed twenty feet (20’) in height,
may be installed in a location that does not interfere with the line of sight
at an intersection, is not within an easement and does not present a
hazard to drivers or pedestrians. The pole shall be constructed of high
pressure fiberglass or anodized aluminum and be bronze or black in
color. Based upon our geographic location, the flag pole shall be able to
withstand constant or steady wind speeds of 110 mph. An alteration
application shall be submitted to the ACC showing the location of the
installation, color and material composition of the flag pole and the wind
speed specifications for the pole chosen. The pole shall be installed per
the instructions provided with the pole and shall be concreted into the
ground.
7. No other flag of any sort may be displayed along with the United
States flag or in lieu thereof except for State of Florida, Military, and
POW- MIA flags. They shall be no larger than the American flag nor shall
they be flown above the American flag.
T. Front Entryway
1. No front entryway shall be screened.
V. Garage
1. Document Reference – Declaration Article 12, Section 12.16.
7. Garage doors must be painted the same color as the body of the
house. Design monograms and anything other than a solid door are not
permitted.
4. Also permitted is concrete block and stucco walls less than four feet
(4’) in height and painted to match the body of the house. Written
approval is needed prior to the installation of any screening.
6. Overall height of the enclosure, including posts shall not exceed four
(4) feet. Overall length shall be kept to the minimum necessary to
accomplish the screening. The width shall not exceed six (6) inches
outside the concrete slab at any garage side door.
8. Garbage cans shall not be placed outside for pick up earlier than 7:00
p.m. the night before and empty containers shall be removed from sight
the same day as pick up. All food refuse shall be placed in a covered
receptacle to avoid attack from animals.
X. Garden Hoses
1. Garden hoses shall be on a hose wrap attached to the house or on a
mobile station. Hoses may be neatly coiled on the ground in a flower bed
behind shrubbery out of sight from the street, common grounds or
nearby neighbors.
3. Hoses that are not earth tone in color (brown, green, etc.) shall be
stored completely out of sight.
3. Owner shall install no less than four (4) plants to screen tank from
view of the street and other properties. Plants shall be the same height
when planted as those planted by the builder at the A/C unit. Plants shall
be allowed to grow to the height of the gas tank, then properly trimmed
and maintained at that height. Any dead plants shall be replaced
immediately with the same type of plant of similar height.
4. Tanks shall be placed a minimum of then feet (10’) from the front
corner of the house.
Z. Generators
1. Permanent of hard wired generators may be installed and mounted
on a concrete pad outside of the house. These generators are normally
hard wired to the house’s electrical system and run off of propane.
3. Generators shall be screened from view from the street with shrubs or
other landscaping under the same guidelines as those for screening
swimming pool equipment.
5. Any holiday displays other than those defined here will require the
approval of the ACC.
2. The numbers shall be located over the garage door or near the
entrance to the front door, in a location clearly visible from the street.
DD. Irrigation
1. Document Reference – Declaration Article 12, Section 12.20.
2. Irrigation shall be installed in the front and side yards of all homes.
2. Owners must ensure that the easement located around the lake
banks remains free of any structures or landscaping in order for the area
to be accessed for maintenance. Owner must further ensure that
conditions on his property will not cause erosion to occur on the lake
banks. (i.e. installing drains from gutters or pool backwash)
FF. Landscaping
1. Landscaping may be added to the front yard of any Lot, but only with
the approval of the ACC.
2. Landscaping may be removed from the front yard of any Lot, but only
with the approval of the ACC.
4. Any Lot owner who wishes to modify and change the landscaping
installed by the builder of the house on his Lot, to a Florida Friendly or
low water-usage design must first obtain approval from the ACC. The
Alteration Application requesting this approval must be accompanied by a
landscape design that is a certified Florida-friendly yard under the Florida
Yards and Neighborhoods (FYN) program. Information about this
program can be obtained through the County’s Extension office.
5. In General
a) Certain areas have been designated as open space, wetland or
preserve within the Declaration and shall be maintained as
required by regulatory authorities and as described in specific
permit conditions and in the Declaration. No Owner or Occupant
may mow, trim, remove vegetation, fertilize, apply chemicals to,
maintain, alter or modify any area not owned by the Owner,
including areas set aside as open space, wetland or preserve.
f) Trees and shrubs shall not be planted any closer than 5 feet
from any property line unless approved by the ACC.
g) Trees, hedges and shrubs that restrict sight lines for vehicular
traffic shall be trimmed back or removed.
6. Berms
a) Earthen berms shall be smooth flowing natural forms. Smooth
flowing natural berms must be carefully formed and finely graded
to blend into the surrounding landscape.
b) Continuous linear runs shall not exceed twenty five (25) feet
in length and must be at least ten (10) feet back from the front
corner of the house (same as Fence Guidelines). Normally, no
more than one (1) landscape buffer would be permitted on each
side of a Lot, however, additional buffers may be considered for a
Lot line adjacent to a side street. Curvilinear shrub hedges
augmented by ornamental, shade and/or palm trees are
preferred.
Styles shown above are poured in place stamped concrete, Keystone block, retaining wall blocks, and stone look.
Colors may be muted tones of beige, tan, gray, terra cotta or natural concrete.
9. Islands
a) Landscaping may be grouped in an island to provide a focal
point. Islands shall be a minimum of fifteen feet (15’) long and
three feet (3’) wide and shaped in a curvilinear design.
h) All trees shall have a mulch bed that has a minimum radius of
three feet measured from the center of the tree trunk(s).
h) Ornamental Grasses
(1) Fakahatchee Grass Tripsacum actiloides
(2) Florida Gamma Grass Tripsacum floridana
(3) Fountain Grass Pennisetum spp.
(4) Muhley Grass Muhlenbergia capiensis
(5) Sand Cordgrass Spartini bakeri
b) Other than street trees and sod there shall not be any
plantings between the street curb and sidewalk.
e) Trellises shall not exceed five feet (5’) in height and two feet
(2’) in width.
c) All plants shall not exceed five feet (5’) in height unless the
rear yard is fenced, in which case they shall not exceed fence
height.
2. Swings, gliders and patio style furniture shall be permitted in the back
yard only.
3. For safety reasons all lawn furniture shall be removed when residence
is unoccupied for a period of 7 days or more unless prior arrangements
have been made with a neighbor.
HH. Lawns
1. Lawns shall be maintained in accordance with adopted policies that
define the minimum community standards.
2. All Lots shall have grassed front, side and rear lawns.
4. Front and side yards shall be sodded with Floratam and irrigated
unless dictated otherwise by local municipalities.
II. Lighting
1. All exterior lighting shall be consistent with the character established
in Valterra and be limited to the minimum necessary for safety,
identification, and decoration.
8. Post mount light fixtures shall be permitted in the rear of the house
and not visible from the street in front of the house.
2. Lightning rods shall not be allowed to fall into disrepair. Any lighting
rods needing repair or replacing shall be repaired or replaced immediately
or completely removed.
KK. Ornaments
1. Ornaments or decorative embellishments include those on lawns,
landscape beds, entryways and those mounted on the house that are
visible from the street or common area.
9. No ornaments shall be hung from trees except for bird houses or bird
feeders.
11. Bird and squirrel houses shall not be mounted to exceed the roof eave
in height. Multiple bird dwellings, i.e. bird coops are not allowed.
14. One American flag, one POW and one Military flag and door wreaths
(one per door) are not counted as ornaments.
15. Flower pots containing dead plants and empty flower pots shall be
removed from public view immediately.
17. Ornaments and flower pots displayed in sets of two or more will be
counted individually. For example, a ceramic duck with two (2) ducklings
is three (3) ornaments.
3. One (1) “Rubbermaid” type or equal storage unit that does not
exceed four feet (4’) in height, four feet (4’) in width, and eight feet (8’)
in length may be located in the back yard behind a fence.
4. If the back yard is not fenced, the unit shall be placed against the
rear wall of the house and not visible from the street.
MM. Painting
1. Only those colors noted on the Approved Paint Colors Exhibit are
permitted. Colors are grouped as a set and are not interchangeable.
2. Prior to painting, each Owner shall submit to the ACC a color plan
showing the color of all exterior surfaces that shall include samples of the
actual colors to be utilized and the materials.
5. No house may have more than three colors (base, trim, accent door
colors).
6. The body of the house’s base color shall have a flat or eggshell finish,
no gloss or high gloss finishes are permissible. If an Owner is proposing
to paint doors and trims with gloss or high gloss, this needs to be noted
on the Alteration Application.
2. Play Structures
a) Document Reference – Declaration Article 12, Section 12.36.
c) All other toys and play materials shall be removed at the end
of each day.
2. Rain barrels shall be placed within an existing landscape bed and shall
be screened by shrubs or lattice panels.
4. The barrel shall be located within three (3) feet of a downspout and
shall remain covered at all times to prevent mosquito breeding.
5. The downspout shall fit tightly into the barrel and the barrel shall
have a shutoff valve attached to a hose.
6. The hose should be routed away from the house and into the
landscape area to prevent damage to the foundation and shall not
concentrate water flow onto neighboring properties.
7. Barrels may not exceed three (3) feet in height and shall be earth
tones in color or painted to match the body color of the house.
PP. Reflectors
1. Reflectors are not allowed.
QQ. Roofs
1. Roofs shall be high grade architectural (dimensional) shingles or tile.
4. The roof may also be the “Elite” or equal type aluminum roofing.
7. Installation will meet all County and State building codes for homes
within “C” Wind Exposure Zones and will be designed and built to
withstand 139 miles per hour winds.
10. Aluminum kick plates not to exceed 16” inches in height will be
permitted on screen enclosures.
12. Glass windows will be allowed with frames that match the color of the
existing window frames. Vinyl windows are not permitted.
13. Roof line may not exceed the height of the house.
14. Screen enclosures and sun rooms may not extend beyond the side of
the house.
2. All screening shall be located a minimum of two feet (2’) from the
equipment to allow for adequate air circulation around the equipment.
4. Overall height of the screening, including posts shall not exceed five
feet (5’). The length shall not exceed two feet (2’) past the beginning and
ending of the equipment. The width shall not exceed more than six
inches (6”) beyond the concrete slab at any garage side door or the
mulch bed along the side of the house.
WW. Setbacks
1. Buildings and structures constructed on Lots shall observe the
following set-back requirements:
a) Twenty (20) feet from the front Lot line;
c) Twenty (20) feet from the rear Lot line except that Lots 26
through 29 shall have a thirty (30) feet rear setback. Swimming
pools, cabanas and screen enclosures (birdcages) may be erected
up to a distance of five (5) feet from the rear Lot line.
XX. Shutters
1. Decorative:
b) Colors shall match trim color or front door color of the house.
2. Hurricane/Storm:
a) Document reference – Declaration Article 12, Section 12.19.
2. Sidewalks may be installed from the driveway to the side garage door
or fence gate leading to the back yard. Such sidewalks shall be poured
concrete in a width of 30 to 36”. However they shall be located a
minimum of two (2) feet in from the property line.
ZZ. Signs
1. Document Reference – Declaration Article 12, Section 12.35.
2. Please see the diagram below for the acceptable style “For Sale” or
“For Rent” sign and restrictions concerning these signs.
3. Only one (1) “For Sale” or “For Rent” sign will be allowed on a Lot
and it shall be placed in the front yard of the home. Signs may not be
placed in the windows or in any other location.
d) Sign shall have no more than one (1) rider sign attached to it.
6. Political signs are limited to two (2) signs no larger than twenty-four
inches (24”) by thirty six inches (36”). Political signs may be displayed for
two (2) weeks prior to the election and must be removed on the day
following the election.
3. All pipes shall be of a black or a color to blend with the roof shingles
and color of house. (Note: Roof mounted solar collectors and equipment
may void that portion of the roof warranty where the panels are
installed.)
7. Pool heaters and pool filters shall be screened from view from the
street. Owner shall install enough plants to screen pool equipment from
view of the street and other properties. Plants shall be the same height
when planted as those planted by the builder at the A/C unit. Plants shall
be allowed to grow to the height of the pool equipment, then properly
trimmed and maintained at that height. Any dead plants shall be replaced
immediately with a plant of the same type and similar height.
8. Pool overflow and drainage are required to have a small gravel drain
bed (French drain) for chlorinated water to flow into.
3. Water softeners shall be screened from view from the street with
shrubs or other landscaping under the same guidelines as those for
screening swimming pool equipment.
LET IT ALSO BE RESOLVED that the application fee will be waived to all
applicants who submit the application for approval to the Architectural Control
Committee prior to undertaking the modification and receiving such approval in writing
from the Architectural Control Committee.
LET IT BE FURTHER RESOLVED that the application fee will be invoiced to all
applicants who submit an Alteration Application after such improvement has been done
upon the exterior of the house or lot and prior to receiving the required approval from
the Architectural Control Committee. Such fees will be payable to the Association within
thirty days of notification and will be collected in accordance with the Declaration of
Master Covenants Conditions and Restrictions.
1. Due Dates. The annual assessment as determined by the Association and allowed
for in the Declaration, Articles of Incorporation and Bylaws (“the Documents”) shall
be due and payable in one or more installments, due on the first day of each year,
quarter or month as approved by the Board of Directors. Assessments or other
charges not paid to the Association by the tenth (10th) day of the month in which
they are due are subject to late charges, interest and collection costs.
2. Invoices. The Association may, but shall not be required, to invoice an Owner. If
the Association provides an Owner with an invoice for Assessments, although
invoices are not required, the invoice should be mailed or sent to the Owner
between the 15th and 25th day of the month preceding each due date. These are
normally sent by the Community Manager. Non-receipt of an invoice shall in no way
relieve the Owner of the obligation to pay the amount due by the due date.
5. Collection Costs. All costs and charges incurred by the Association shall become
the personal obligation of the Owner(s) of the Lot for which such assessment or
installment is unpaid. All late charges shall be due and payable immediately, without
notice. This includes all letters required to be sent by Certified Mail which will be
charged at a cost of $10.00 per letter.
6. Return Check and Direct Debit Charges. In addition to any and all charges
imposed under the Documents, the Rules and Regulations of the Association, or this
Resolution, the following applies to returned checks or other instruments irrespective
of the reason for return:
a. A returned check charge, currently twenty five dollars ($25.00), shall be
assessed for any returned check irrespective of the reason for return. This
charge is in addition to the late fee. This charge is also applicable for
returned direct debit charges due to insufficient funds or closed accounts.
9. Member in Good Standing Status. Any amounts owing for more than thirty (30)
days, including late charges, collection costs, fines, and assessments shall result in
the Member losing Good Standing Status. All services included in the monthly
assessment are subject to interruption or disconnect. The Association may refuse to
approve any Architectural Alteration Applications. The Member (tenant if applicable)
and their family, guests and invitees are suspended from using any recreational
facilities until Good Standing Status is restored.
12. Liens. The Association may file a Notice of Lien against the property of any owner in
accordance with the terms and provisions of the Documents. A copy of the recorded
Notice of Lien shall be mailed to the owner and Mortgage Lender with a request that
the lender send a letter to the delinquent owner advising the owner of the lender’s
option to accelerate the mortgage debt. These actions are performed by the
Association’s attorney and the costs for these actions, which are usually several
hundred dollars, are added to the lien amount.
13. Referral of Delinquent Accounts to Attorneys. The Association may, but shall
not be required to refer delinquent accounts to its attorneys for collection. Upon
referral to the attorneys, the attorneys shall take all appropriate action, including
legal required notices, to collect the accounts referred. Once the Association has
referred a delinquent account to its attorneys for collection which includes a
Notice of Lien being filed against a property, neither the Association nor its
managing agent shall correspond with the owner concerning this matter nor accept
payment from the owner concerning the delinquency. The Association will pursue all
remedies recommended by the attorney up to and including foreclosure.
15. The Association may, but is not required to, grant a waiver of any
provision herein upon petition in writing by an owner showing a personal
hardship. Such relief granted an owner shall be appropriately documented in the
files with the name of the person or persons representing the Association granting
the relief and the conditions of relief. In addition, the Association is hereby
authorized to extend the time for the filing of liens and lawsuits, or to otherwise
modify the procedures contained herein, as the Association shall deem appropriate
under the circumstances.
16. Ongoing Evaluation. Nothing in this Resolution shall require the Association to
take specific actions other than notify homeowners of the adoption of these policies
and procedures.
17. Attaching Rent. If the house is rented, the Association shall provide notice to the
owner and tenant that all future rents shall be sent to the Association until any
amounts owed the Association are satisfied.
18. Fines. Any fines levied in accordance with the Covenants Enforcement Policy may
be liened when the accumulated fine balance reaches $1,000.
Background:
Upon signing a contract to purchase a house in Valterra, the buyer contractually agreed
to abide by the governing documents of Valterra Homeowners Association, Inc.
(“Association”). This contractual obligation applies to all owners, tenants, guests and/or
invitees. The governing documents include the DECLARATION OF RESTRICTIONS AND
COVENANANTS FOR VALTERRA (“CCR’s”) which are recorded in the public records of
Hillsborough County and any adopted rules and regulations. (Note: Florida Statute
720.401 requires the seller of a house to provide a disclosure statement to a buyer upon
contracting for sale of the property, which notifies the buyer of the fact that the
property may have deed restrictions and how to obtain a copy.)
Following are procedures to be followed for the failure by an Owner, their tenant, guest,
etc. to abide by the CCR’s and the Association’s duly adopted rules and regulations:
Definitions:
1. Fine – a monetary charge of $100 (or other amount as determined by the Board)
levied for violations of the Association’s Documents. Fines may be levied per
violation or on a daily basis up to a total of $1,000 for each violation.
4. Receipt of Notice – date that Certified, Return Receipt letter is signed for, or the
date that a Priority Letter with Delivery Confirmation is placed in your mailbox as
confirmed by the U.S. Postal Service or three (3) business days following the
postmarked date on any regular mail that satisfies the Notice requirements above.
Failure to claim Certified, Return Receipt letters does not stop the process.
5. Sanctions – one or more of the following: costs relating to the violation including
letters, travel time and after-hours time, costs of lawn service, etc.; monetary fines;
and loss of Member in Good Standing Status.
Process:
1. Owner (and tenant if applicable) will receive a reminder notice from the Community
Manager advising that a condition observed on the property is a violation of the
CCR’s or Rules and Regulations. The Owner will have ten (10) days to bring the
violation into compliance, with the exception of commercial vehicle violations
2. Homeowner complies within the noted period. Community Manager monitors on next
inspection and marks violation resolved.
OR
e) If a hearing is requested, in writing, within the fourteen (14) day period after
receipt of the second letter, the violation will be heard at the next Covenants
Enforcement Committee (Committee) meeting. The Community Manager will assign
each violation a 10 minute slot in front of the Committee. Minutes of the Committee
meeting shall contain a statement of the results of the Committee hearing and the
sanction, if any, that was imposed.
f) Community Manager sends Certified letter (another $10 charge) with explanation
of Committee action and invoice for fines and costs which are payable in 30 days
by separate check, payable to Valterra H.O.A., Inc. Fines and costs may be
deducted by Direct Debit if authorized in writing by the owner.
i) Daily fines will begin following receipt of notice and will continue until corrective
action is taken, and the Community Manager receives written request to re-
inspect the violation. Daily fines will be suspended until the Community Manager
inspects the violation. Daily fines will resume if a violation fails a re-inspection by
the Community Manager. Daily fines will cease when the Community Manager re-
inspects the violation(s) and finds that the appropriate corrective action has been
taken. Community Manager will issue a written approval to the Owner.
j) Owners will be restored to a Good Standing Status when all good standing
criteria have been met and the violation has been rectified. After reviewing the
Owner’s account, the Community Manager will issue a letter stating that “good
standing” status has been restored.
Please note that the following of fines does not include costs. In addition, revocation of
Member in Good Standing Status could result in additional penalties including
suspension from recreational facilities.
Please note:
Committee will not discuss cases individually or outside of meetings.
Committee is made up of volunteer residents.
Fines go the Valterra Homeowners Association, not the Community Manager.
It is recommended that all communication concerning your circumstances,
citations, etc. be put in writing and sent to the Community Manager via email or
regular mail, so that the Committee may be informed of these issues when
making their decisions.
All violation disputes shall be in written form.
The Committee will elect a Chairman and a Recording Secretary. The Chairman will
conduct the meeting and ensure that the guidelines for the committee are followed in a
fair and impartial manner. The Recording Secretary will keep accurate minutes of the
The Member/Tenant has the right to have legal counsel and/or witnesses present at the
meeting.
The Member/Tenant will have the opportunity to state why he/she is not in compliance
with the Covenants and/or Rules & Regulations of the Association and to negotiate,
when reasonable, for an extension of the time period for coming into compliance.
The Committee will listen to the case presented by the Member/Tenant. Committee
Members may question the Member/Tenant and any witnesses that may be present.
The Committee will review all of the information that has been presented by the
Community Manager as well as interview any witnesses or complainants who may be
invited to attend the hearing in order to produce evidence to substantiate their
complaint.
After reviewing all evidence and listening to testimony from both sides at the hearing
the Committee will excuse all involved parties and render a decision. The Committee
Members will make a decision based upon the Fining Schedule that has been duly
adopted by the Board of Directors. If confronted with a difficult enforcement situation
or litigation possibilities, the Committee may recommend referring the case to
Alternative Dispute Resolution.
Lots and homes shall be maintained in a neat and attractive manner at all times.
Homes, fences, mailboxes and other structures located on the lot shall be kept clean.
Algae and mildew growth shall be removed at first indications of “turning green”.
Driveways shall be kept clean of debris, oil, grease, mildew and the like. Rust stains
shall not be allowed to accumulate.
Homes shall be re-painted at first signs of paint failure. Signs of paint failure include but
are not be limited to chalking of paint, high/low colors, bare materials showing through
paint, minor cracks or outline of concrete blocks showing through paint. Homes shall be
re-painted or a variance request made within seven (7) days of notification from the
community manager that the house needs repainting.
Damaged materials, gutters, fences, doors, or broken windows shall be replaced and
appropriate touch up of surrounding area completed within seven (7) days of notification
by the community manager.
Trash and garbage should not be allowed to accumulate or be stored in view of the
public and shall never be allowed to create a health hazard to others. This includes but
is not limited to newspapers and flyers on the driveway, grass, tree and shrub clippings,
etc.
Storage of materials for building projects, furniture, ladders, garden supplies, shoes,
toys, etc. shall be out of public view and within the garage or a fenced area. Front entry
porch is not an appropriate storage area.
Limited furniture may be approved for the front entry area. All other lawn furniture,
grills, etc. shall be stored in the backyard out of public view (cannot be seen from the
street).
Landscape borders, trellises and lawn ornaments shall be kept in good repair and
removed when damaged or when colors have faded.
All screen enclosures shall be maintained and may not become a storage area. Screens
(enclosures, windows and doors) shall be replaced when torn or damaged and loose
panels shall be re-installed. All screen material shall be charcoal in color.
Play equipment and toys should at all times be kept in the rear of the house and
screened from public view by a fence or landscaping. Canvas canopies on play sets
shall be replaced when faded or torn.
After proper notification is given to the owner, the Association has the right to enter
a property and complete any repairs or maintenance if the owner does not respond
within the specified period of time. Should the Association contract for providing the
needed maintenance, the cost of materials, labor, administrative charges and out-of-
pocket expenses for the Association plus any attorney fees will be charged against
1. Fires including bonfires are not permitted to be set anywhere within the
community. Homeowners may use covered fire pits in their back yards if doing
so under proper supervision.
4. For the purpose of this policy, firearms are defined as all guns including BB guns
and pellet guns, bows and arrows, slingshots and the like.
6. Fireworks other than sparklers are not to be discharged within the community
property. Sparklers may be used if the current County requirements permit their
use and the County is not in drought conditions.
The Valterra Homeowners Association will coordinate and pay for the advertising of at
least one community wide garage sale per year. This event will be coordinated by the
Community Spirit Committee. Individual homeowners may have one additional personal
garage sale each calendar year subject to the following restrictions.
Personal Items Only. Garage sales are for private parties selling personal goods that
are not related to any business.
Parking. Owner shall ensure that visitors’ parking is supervised in order to prevent the
blocking of any fire hydrants of neighbors’ ingress and egress.
County Requirements. Garage sales may require a permit from the County.
Signs
1. All signs shall be no larger than 2 feet by 2 feet.
2. One sign may be posted at the main entrance for Valterra one day prior to the
sale and shall be removed at the end of the sale.
3. One sign may be placed in the owners’ yard on the day of the sale.
4. No signs shall be posted on the main public right of way through the
community.
5. No signs shall be posted on utility poles, traffic control signs, in any areas
between the street and sidewalk, on another person’s property or in any
manner not outlined above.
Hours. All garage sales not begin before 7:00 a.m. or continue after 5:00 p.m.
Display of Items. All items for sale shall be displayed on the owners’ property.
Displays may not be placed on any sidewalk, street, or any common property of
Valterra.
1. RECORDS DEFINED
a. The records available for inspection and copying by a Member are those designated
by the Florida Statute 720.303 (5) as amended from time to time.
b. The Association’s Board may withhold from inspection any records that in its
reasonable business judgment would:
Constitute an unwarranted invasion of privacy;
Constitute privileged information under the attorney-client privilege;
Involve pending or anticipated litigation or contract negotiations; and/or
Involve the employment, promotion, discipline, or dismissal of a specific
Board Member or employee.
Documents which the Association is prohibited from disclosing to a third
party as a matter of law;
Inter-office memoranda, preliminary data, working papers and drafts, and
general information or investigations which have not been formally approved
by the Board.
c. A list of Members containing their addresses and/or phone number will not
be released to anyone not a Member.
Every Member shall have the right to inspect or copy the Association’s records in
compliance with the rules and procedures contained in this policy. A Member may
authorize, in writing, an attorney or other designated representative to conduct the
inspection or request copies on the Member’s behalf. Any such authorized representative
shall be considered a “Member” for purposes of this policy.
Access to Association records shall be provided to Members who are in “good standing”
at the time of the written request. For purpose of this Resolution, a Member in “good
standing” shall be defined as a Member who has fully paid all installments due for
assessments made against the Member and/or his/her Lot/Unit, together with all
interest and late charges, costs, attorney’s fees, penalties, fines and other expenses.
Members who seek to challenge a determination that they are not in good standing may
review their own unit records and other records which are deemed reasonably related to
the matter(s) that resulted in the Member’s loss of good standing such as: inspection
records concerning his/her own unit, the current Association budget, a statement of the
Member’s account and correspondence with the Member directly related to the
delinquent assessment(s), fine(s) or other charge(s).
4. INSPECTION RULES
a. All inspections shall take place at the Association’s office or at such other location as
the Association designates between the hours of 10:00 AM and 4:00 PM on any
Monday through Thursday and 10:00 AM and noon on Friday, except on a legal
holiday.
b. The record inspection session is limited to working hours and shall not extend
beyond two hours at a time.
c. The record inspection will be under the supervision of someone designated by the
Association to monitor and assist in the record inspection. The Association may
institute any supervision or reasonable security measures during the inspection.
d. No Member shall remove original records from the location where the inspection is
taking place.
e. Members shall not alter the records in any way. Marks may not be made on any
record and the record sequence shall not be altered.
f. The maximum number of Members present during the inspection shall not exceed
four.
5. COPYING RULES
a. If a Member wants a copy of any record, the Member shall designate in writing the
record desired. Any written request shall designate the specific record or portion
thereof.
b. During an in-office inspection, the Member may designate such record by use of a
tab, clip, or Post-It note upon the page(s) desired.
c. A Member shall pay fifty (50) cents per single sided page for regular or legal sized
photocopies made on the Association’s photocopier. If the Association does not
a. Members shall not exercise their inspection or copying rights in order to harass any
other Member or resident, Association agent, officer, director, or employee.
b. All people inspecting or requesting copies of records shall conduct themselves in a
businesslike manner and shall not interfere with the operation of the Association
office or such other location where the inspection or copying is taking place. The
Association office, or place of inspection or copying, shall assign one staff person to
assist in the inspection. All requests for further assistance and copying during an
inspection shall be directed only to that staff person.
c. The Association shall maintain a log detailing:
The date the written request was received;
a. Any violation of these rules shall cause the immediate suspension of the inspection
or copying until the violator agrees in writing to comply herewith.
b. The Association will not honor any requests for inspection or copying that do not
comply with this policy. Within five working days of receiving the noncompliant
request, the Association shall send a written notice to the person who made the
request indicating the nature of any noncompliance. Any Association representative
who receives an oral request for inspection or copying shall refer the person making
the request to this policy, and the Association will have no further obligation to
respond until it receives a written request.
c. The Association’s Board may take any available legal action to enforce these rules,
including the levy of a fine. The Association’s Board may pursue any Member for
damages or injunctive relief or both, including any reasonable attorney fees, for
abuse of inspection and copying rights, including use of records for any purpose
other than that stated in the Member’s request.
Address: _______________________________________________________________
Tel. #: _________________________________________________________________
Pursuant to Florida Statute 720.303, I hereby request that the Valterra Homeowners
Association (the “Association”) provide access to the books and records of the
Association.
1. The books and records that I wish to review are (attach separate piece of paper if
necessary):
a. _________________________________________________________________
b. _________________________________________________________________
c. _________________________________________________________________
2. I certify that my request to review the books and records of the Association is for a
proper purpose related to my Membership in the Association, and that this request is
not for commercial purposes or my personal financial gain. Specifically, my reason
for wanting to review the books and records of the Association is as follows:
____________________________________________________________________
___________________________________________________________________
Edging. Edging of all street, curbs, beds and borders shall be performed as needed to
prevent grass “runners” from growing onto driveways, sidewalks, curbs and into
landscape beds. Grass along the walls of the house shall be edged. Grass along any
fence shall be edged if the neighbor’s yards have not been fenced. If the neighbor’s
yards have been fenced, they shall be responsible for edging along the fence line inside
their back yard.
Fertilization. Fertilization of all turf, trees, shrubs, and palms shall be performed
according to Best Management Practices as provided by the Hillsborough County
Extension Service or the University of Florida IFASS Extension.
Grass. Only St. Augustine grass is permitted in the front yards and side yards facing a
street. If the County code or SWFWMD regulations require Bahia grass in the rear yards,
it shall remain as Bahia and if it dies, may only be replaced with Bahia. Grass shall be
maintained in a neat and appropriate manner. In no event shall an Owner’s lawn get in
excess of five inches (5”) in height. This includes the grass between the sidewalk and
the street.
Insect Control and Disease. Insect control and disease shall be performed on an as
needed basis. Failure to do so could result in additional liability if the disease and insect
spread to neighboring properties. Dead grass shall be removed and replaced within
thirty (30) days of dying.
Irrigation. Watering and Irrigation will be the sole responsibility of the homeowner.
Owner will be required to water consistently to maintain a green and healthy lawn at all
times. Irrigation maintenance will also be the responsibility of the homeowner. Sprinkler
heads shall be maintained on a monthly basis. Water spray from sprinklers shall not
extend beyond any property line. Automatic sprinkler systems shall not cause water to
run onto neighboring properties, walkways, streets or the like and shall include a timing
system to limit hours of operation. All components of the irrigation system, clock, pump
stations and valves shall be checked as needed by an independent contractor to assure
proper automatic operation. It is the owner’s responsibility to comply with all applicable
watering restrictions.
Mulch. Mulch shall be replenished as needed on a yearly basis to help control weeds.
Shrubs. All shrubs are to be trimmed as needed. Shrubs shall be maintained at window
ledge height on the front elevation of the house. All other shrubs shall not exceed four
feet (4’) in height. Dead shrubs shall be removed and replaced within thirty days of
dying with the same size and species. If you desire to change the species, an Alteration
Application will need to be filed.
Trees are to be pruned as needed and shall be maintained with a canopy no lower than
eight feet (8') from the ground. Trees should be pruned during the growing season to
promote shaping and thinning and to remove branches that interfere with nearby
improvements, pedestrian or vehicle traffic. During the dormant season, trees should be
pruned to remove dead, damaged or crossing branches and to develop the natural form
of the tree. Tree topping which leaves limbs and branches greater than one-half inch
(1/2”) in diameter exposed will not be allowed.
Trash Removal. Dirt, trash, plant and tree cuttings and debris resulting from all
operations shall be removed and all areas left in clean condition before the end of the
day. Trash may not be placed at curb until scheduled trash pick- up day.
Weeding. All beds are to be weeded every time the lawn is cut. Weeds growing in
joints in curbs, driveways, and expansion joints shall be removed as needed. Chemical
treatment is permitted. Solid plastic sheeting or polyethylene used under ground cover
areas is not permitted. If landscape fabric is used, it shall allow the free flow of water,
air and gasses to and from the soil.
Failure to Comply. Owners who are not in compliance with these lawn
maintenance standards will receive notification from the Community Manager
and will have seven (7) days to comply. If non-compliant on the 10th day the
Community Manager will hire a landscape contractor to bring the lawn and/or
landscaping into compliance. The Association will charge an administrative
fee of $25.00 plus the cost of the lawn contractor’s services which will both
be a specific assessment against the Lot. In addition a second notice of non-
compliance at a cost $10.00 will be issued and the homeowner will be
referred to the Covenants Enforcement Committee.
NOTE: Based upon SWFTMD and Hillsborough County restrictions that may be placed on
irrigation during times of drought, portions of these Landscape Maintenance Standards
may be relaxed or suspended until such time as the restrictions are lifted.
Homes may be leased in their entirety and no portion or fraction may be rented.
All Lease Agreements shall be in writing a copy provided to the Association along with
the executed Uniform Lease Exhibit.
No Lease Agreement shall be for a term of less than one (1) year and no home may be
leased more than two (2) times in any calendar year unless otherwise approved by the
Association in case of hardship.
All lease agreements are subject to the terms of the Association’s Documents and these
Community Standards. All owners shall provide a copy of the Association’s Documents
and these Community Standards to their tenants.
All owners who lease their houses are required to complete the Uniform Lease
Agreement as an attachment to their lease and to send a copy of the lease with its
attachment, an application fee of $25 and a security deposit of $200 to the Association.
Owners who do not comply will be notified to appear before the Covenant’s Enforcement
Committee where they may incur fines up to $100 per day for non-compliance.
6. Any person who verbally threatens the physical well-being of another person, or
who engages in behavior which may be dangerous, create a health or safety
problem, create a hostile environment, or otherwise disturb others may be
reported to the local law enforcement agency.
7. Management shall have the right to ask any person(s) to cease their conduct
and/or leave the premises as a result of conduct which serves to harass or annoy
4. Members who seek to challenge a determination that they are not in good
standing shall be heard by the Covenants Enforcement Committee.
5. Members who are not in good standing, as defined above shall not be
permitted to serve on the Association’s Committees, Board of Directors, etc.
6. Members who are not in good standing, as defined above, are considered in
default of their contractual obligation to the Association and until this breach
of contract is cured, the Association may not consider any Architectural
Alteration Applications.
At meetings of the Board of Directors, the Members will not participate in the
business portion of the meeting (with the exception of agenda items where 20%
of the Membership has petitioned in accordance with state statute to address the
topic).
At every Board meeting, a public forum will be held at the beginning of the
meeting to allow Members to address concerns regarding the agenda or other
Association related items. Members shall sign in with the Secretary in order to
be recognized and will be allowed a maximum of three (3) minutes to speak. If
a particular concern warrants a Board action, it will be placed on the agenda for
the next scheduled meeting of the Board. In cases where an action is needed
sooner than the next scheduled meeting, the Board may consider the topic under
New Business or choose to take an action without a meeting and ratify the action
at the next scheduled meeting.
Members shall sit quietly and refrain from speaking until recognized by the
meeting chair.
Members shall not interrupt anyone who validly has the floor, or otherwise
disrupt the meeting.
When speaking, Members shall abide by the time limit that has been adopted by
the Board. Unless announced otherwise at the beginning of the meeting, the
time limit will be three (3) minutes.
Members shall refrain from engaging in personal oral attacks on either Board
Members or fellow Association Members and should refrain from using other
Members’ names when speaking.
Members may not speak more than twice on any one issue, subject to the
discretion of the meeting chair.
Members shall obey all orders made by the meeting chair, including an order to
step down.
Members shall at all times behave with common courtesy and civility, and refrain
from the use of abusive, rude, threatening, or crude language.
Members have the right to tape record or video tape a meeting to the extent permissible
under Section 720.306(10), Fla. Stat. Members are expected to adhere to, and the
Association shall be entitled to enforce, the following policy at all annual meetings of the
Members, meetings of the board of directors of the Association, meetings of committees
of the Association, and special meetings. The Association shall have the authority to
enforce this policy using any means available under the governing documents of the
Association or applicable law.
Any Member may tape record or videotape annual meetings of the Members, meetings
of the board of directors of the Association, meetings of committees of the Association,
and special meetings, subject to the following restrictions:
The only audio and video equipment and devices which members are
authorized to utilize at any such meeting is equipment which does not
produce distracting sound or light emissions.
All audio and video equipment shall be assembled and placed in position
at least fifteen (15) minutes in advance of the scheduled commencement
of the meeting.
1. All dogs are subject to the Hillsborough County Leash Law. All pets (dogs and
cats) shall be leashed and/or under the owner’s control when outside. Dogs and
cats are not permitted to roam unattended throughout the neighborhood.
2. Pets (dogs and cats) are not permitted in the playgrounds, within retention or
other natural areas, or on another Owner’s property without their permission.
4. Designated areas for pets (dogs and cats) are along the main boulevards on the
grassy area between the sidewalks and paved road surface.
5. Any pet (dogs and cats) feces shall be removed by the individual in attendance
and disposed of in the doggie station receptacles provided or their personal trash
receptacle. Depositing pet feces in retention areas, storm drains or on other
Community Property is prohibited.
6. Hillsborough County Ordinances require that all dogs and cats be vaccinated
against rabies annually and all dogs shall wear a current County animal license
tag.
8. Hillsborough County Animal Ordinance also states that “No companion animal
shall be allowed to unreasonably annoy humans, to endanger the life or health of
other animals or persons acting lawfully, or to substantially interfere with the
rights of others thereby interfering with the reasonable use and enjoyment of
property. It shall be prima facie evidence of nuisance if a companion animal:
a. consistently and/or constantly makes excessive noise;
b. causes damage to or destruction of another's property;
c. causes unsanitary, dangerous or offensive conditions, including the
fouling of the air by offensive odor emanating from excessive excrement;
or
d. creates a pest, parasite or scavenger control problem which is not
effectively treated. “
The ponds and water bodies throughout the area were constructed as part of the
Surface Water Management System and to provide habitat areas for local wildlife. The
main purpose of the ponds is to collect runoff water from the adjoining properties and
they are designed to hold large amounts of rainfall.
All owners, their invitees, guests, tenants, all contractors, vendors and any other
persons (“Owners”) accessing the Properties shall comply with the following restrictions
in addition to those enumerated in the Declaration:
Littering. No littering, spilling, dumping or discharge of any items into the ponds and
water bodies is permitted. This includes backwashing and draining pool chemicals or any
other types of chemicals and/or materials into storm water drains.
Vegetation Removal. No vegetation, including cattails and other water vegetation shall
be removed by anyone other than the Association’s hired contractor. Removal includes
the introduction of herbicides or other chemical treatments with the intent to kill or
remove the vegetation.
Use of Chemicals. No chemicals of any sort shall be introduced to the ponds or water
bodies by anyone other than the Association’s hired contractor.
Landscaping. No landscaping shall be placed on the banks of the ponds and water
bodies. Owners shall not add vegetation to the ponds and water bodies.
Mowing. No Owner or their designees shall mow the buffer areas behind the lot lines
and pond or mitigation areas.
Wildlife. Alligators, otters, wild boars, foxes, and a multitude of birds have been sighted
on the properties. Owners shall not feed the wildlife with the exception of bird feeders
located in the Owners’ yard. Wildlife nesting areas shall not be disturbed.
Fishing. Fishing is not permitted. No Owner shall stock any pond or water body with fish
including grass eating carp. No gold fish, koi, small turtles, snakes or the like shall be
released into any pond or water body.
Other Recreational Activities. No boating, rafting, swimming, hunting, model boat racing
or any other type of recreational activity is permitted in the ponds and water bodies.
Please note that violators are subject to fines from SWFWMD in addition to Association
imposed sanctions.
2. Such containers may not be located on the streets, any Common Areas or
Community Property or in designated fire or traffic lanes, and may not block
public sidewalks or obstruct the access of other residents. Such containers may
be located in a neighboring resident's driveway with the neighboring resident's
prior written permission.
3. Use of such containers for commercial or home business storage or for a period
in excess of 21 days is expressly prohibited. These containers shall not be used
for long-term storage on-site. If longer-term storage is needed, please utilize an
off-site storage facility. Under special circumstances, the Association may issue
permits for time extensions and schedule variations, provided that permission is
requested ahead of time.
4. After proper notification is given to the owner, the Association has the right to
enter a property and have the container removed if the owner has failed to
comply with these standards. All related costs to enforce these standards
including administrative charges and out-of-pocket expenses for the Association
plus any attorney fees will be charged against the homeowner and a lien
immediately placed against the property which will remain until paid in full
together with all administrative, out-of-pocket and attorney’s costs.
Note: For purposes of these guidelines, the term vehicle shall include but not be limited
to personal passenger vehicles, commercial vehicles of any kind, limousines, recreational
vehicles, buses, tractors (with or without trailer attached), portable storage containers
or similar moving containers, boats, jet skis, boat trailers, house trailers, and trailers of
every other type including horse trailers and utility trailers, motor homes, tractor trucks,
campers, go carts, golf carts, motorcycles, motor scooters, trail bikes, all-terrain vehicles
or any other related form of transportation devices.
Commercial Vehicles:
3. No vehicle displaying racks, hooks, tool boxes or ladders may be parked within
Valterra except by a service provider while providing a service to the common
areas or a resident. These vehicles may not remain parked within Valterra
overnight unless parked within the home’s garage.
5. For any resident who drives an automobile issued by the County or other
governmental entity (i.e., police cars), such automobile shall not be deemed to
be a commercial vehicle and may be parked in the garage or driveway of the
home.
6. These provisions shall not apply to construction vehicles in connection with the
construction, improvement, installation or repair by developer or builders of
homes, common areas or any other Valterra facility.
2. Parking on the grass whether on the lot or on common area is not allowed.
3. No vehicle which cannot operate on its own power or which does not have a
current license plate shall remain in Valterra for more than twelve hours, except
in the garage of a home.
8. Mopeds, motorized scooters and mini cycles are prohibited from being operated
on the sidewalks or streets within Valterra while under engine power. This
guideline follows Florida Statute 322.03 which does not allow these vehicles to
be operated on sidewalks and public streets.
9. Streets are intended for the use of motor vehicles only. Playing games or
congregating on the streets is not permitted. This creates a hazard for drivers
and those who are using the streets inappropriately.
10. No vehicles bearing a “for sale” sign shall be parked within the public view
anywhere within Valterra or on the right-of-way at the entry to the community.
11. No tarpaulin covers on vehicles shall be permitted anywhere within the public
view.
Maintenance:
4. Residents who observe children playing in the street, people congregating in the
street or mopeds, motorized scooters or mini cycles being ridden on sidewalks or
streets should notify the management company of the day and time and should
include addresses and, if possible, a photo of those observed.
Conflicts of Interest
No Committee Member shall:
1. Solicit or accept any gift, directly or indirectly, whether in the form of money,
loan, gratuity, favor, service, thing or promise, or in any other form, under
circumstances in which it can be reasonably inferred that the gift is intended to
influence him/her in the performance of his/her committee duties.
5. Vote on any question before the committee affecting his/her financial interests or
that of his/her employer, business, or professional affairs or that of his/her
immediate family, provided nothing shall preclude him/her from participating in
any discussion on the question, unless a majority of the committee present and
voting decides to exclude him/her from the discussion.
Disclosure of Interest
1. Any committee Member who acquires such interest as may reasonably tend to
create a conflict with the Association interest will make full disclosure in writing
to the Chairman of the committee at such time as any conflict becomes
apparent. Any Member of the committee, who knows that he/she has a personal
or private interest, direct or indirect, in any proposal before the committee, will
disclose such interest in writing to the committee. Such disclosure will be made
a matter of committee record prior to the taking of any vote on such proposal
and the committee Member with the interest shall not vote on the proposal.
Conduct
As a committee Member I will:
1. Fulfill my duties and responsibilities in a cordial and pleasant manner.
2. Treat fellow committee Members, Association Members, directors and officers,
and management personnel with courtesy and respect.
3. Perform only those tasks assigned to the committee by the Board and to me by
the committee chairperson.
4. Raise issues in the most productive and courteous way possible.
5. Commit to keep all committee Members fully informed and understand that all
decisions will be made at committee meetings, keeping in mind that all decisions
and recommendations shall be reached in the best interests of the entire
community.
6. Acknowledge that the chairperson will facilitate and coordinate all discussions
during committee meetings and will be the spokesperson for the committee
unless another arrangement is made by the committee.
7. Acknowledge that there may be times when committee Members will have a
difficult time reaching consensus. During these times, I will afford other Members
full courtesy and respect during the discussion on the matter.
8. Acknowledge that upon conclusion of my service to the committee, all
information that I obtain through the performance of my duties while on the
committee will remain confidential and will not be used for personal reasons.
9. Acknowledge that upon conclusion of my service to the committee, all work
papers and other records will be returned to the committee chairperson or
Community Manager.
Attendance
1. The committee chairperson or the Board of Directors may remove any committee
Member who fails to attend meetings on a regular basis.
Indemnification
1. The Association will maintain insurance, both workers’ compensation and
directors and officers insurance, to indemnify any committee Member who is
performing their assigned duties in accordance with these guidelines.
2. No committee Member shall take any action that could result in increasing
insurance costs as a result of that action.
I agree to the above standards of conduct and responsibilities and acknowledge that
these guidelines are fundamental to the success of the committee and in the best
interest of the Association.
_______________________________________ _______________________
Committee Member’s Signature Date
_______________________________________
Committee
NOTE: This form SHALL be signed by the homeowner and returned along with the
original architectural applications BEFORE any work is started. Should work commence
prior to obtaining appropriate authorization, the Association and/or Developer shall not
be responsible for any drainage problems.
It is strongly suggested that the pool contractor review the site conditions and drainage
plan for the home site, the adjoining home sites and the surrounding area. The
drainage information for each home site may be found on the final survey given to each
buyer at closing. The drainage plans for the subdivision are on file at the Building
Department.
Prior to starting work the pool contractor should establish a grading plan for the home
site that will insure adequate positive drainage from the pool deck to the designed
swales. In addition, if the neighborhood was not flat prior to development, there may be
severe elevation changes between home sites that require a raised pool deck or other
protective measure to keep storm run-off from entering the pool or pool deck. This run
off could result in damage to the marcite finish of the pool. Therefore, it is essential
that the pool contractor take unusually strong rain events into consideration when
designing the pool, pool deck and final grading plan. Once the pool contractor begins
work, the developer will no longer have any responsibility with regard to the drainage on
that particular home site.
_________________________________ _____________________________
Homeowner Homeowner
_________________________________ _____________________________
Date Date
__________________________________
Street Address
NOTE: This form shall be signed by the homeowner and returned along with the
original Alteration Application BEFORE any work is started. Should work commence
prior to obtaining appropriate authorization, the Association and/or Developer shall not
be responsible for any drainage issues or property damage to this Lot or any adjoining
Lot.
Landscaping should never be placed in swales. This will not only create drainage
problems, but most landscaping will be negatively affected by the wet conditions in the
swales. It is a good idea when planning landscaping to mound the bed up so the
landscaping material is planted in ground that is at least a few inches higher than the
sod. Even higher mounds may be necessary for plant materials that are water sensitive.
Please check with the utility companies before planting anything in the front yard as
there are various utility lines installed in this area.
As a precaution, please remember that all fences shall be installed with the posts on the
inside of the homesite so that the “finished” side is on the outside.
______________________________ ________________________________
Homeowner Homeowner
______________________________ ________________________________
Date Date
______________________________
Address
ALTERATION APPLICATION
PLEASE DESCRIBE IN DETAIL THE TYPE OF PROPOSED ALTERATION, MATERIALS TO BE USED, ETC. IF
MORE SPACE IS NEEDED, YOU MAY ATTACH ADDITIONAL PAGES TO THIS FORM.
All applications requesting approval for any alteration which occurs outside the exterior walls of the building
SHALL BE ACCOMPANIED BY A COPY OF YOUR LOT SURVEY WITH THE ALTERATION DRAWN
ON IT, SHOWING LOCATIONS, DISTANCES AND DIMENSIONS. INCLUDE A SKETCH
INDICATING SIZES, HEIGHTS, MATERIALS, COLORS, TYPE OF CONSTRUCTION AND OTHER
PERTINENT INFORMATION AS MAY BE NECESSARY. IF THIS INFORMATION IS NOT INCLUDED,
YOUR REQUEST WILL BE RETURNED TO YOU.
If approval is granted, it is not to be construed to cover approval of any County or City Code Requirements.
A building permit from the appropriate building department is needed on most property alterations and/or
improvements. The Architectural Control Committee (ACC) shall have no liability or obligation to determine
whether such improvement, alteration and/or addition comply with any applicable law, rule, regulation, code
or ordinance. It is the owner’s responsibility to ensure that they are in compliance with any applicable law,
rule, regulation, code or ordinance.
As a condition precedent to granting approval of any request for a change, alteration or addition to an
existing basic structure, the applicant, their heirs and assigns thereto, hereby assume sole responsibility for
the repair, maintenance and/or replacement of any such change, alteration or addition. IT IS UNDERSTOOD
AND AGREED, THAT VALTERRA HOMEOWNERS ASSOCIATION, INC. IS NOT REQUIRED TO TAKE ANY
ACTION TO REPAIR, MAINTAIN AND/OR REPLACE ANY SUCH APPROVED CHANGE, ALTERATION OR
ADDITION, OR ANY STRUCTURE OR ANY OTHER PROPERTY. THE HOMEOWNER AND THEIR ASSIGNS
ASSUMES ALL RESPONSIBILITIES FOR ANY CHANGE, ALTERATION OR ADDITION AND ITS FUTURE
UPKEEP AND MAINTENANCE.
I/we agree not to begin the proposed alteration or any other property improvements requiring approval
from the ACC until the ACC notifies me in writing of their approval and any conditions attached to the
approval. I understand that all approvals automatically incorporate the conditions set forth in the Book of
Standards for Community Living, current edition. I understand that the ACC has up to forty-five days,
from receipt of a complete application, including all required accompanying information, to
process, review and either approve or disapprove this ALTERATION APPLICATION. If any change is
made that has not been approved, the ACC has the right to require me to remove the
improvement from my property.
APPROVED: ________
______________________________________________
Authorized Signature for the Architectural Control Committee
W I T N E S S E T H:
WHEREAS, the parties desire to add to the provisions of the Lease as hereinafter set
forth;
NOW, THEREFORE, in consideration of the sum of ten dollars ($10.00) the mutual
covenants herein exchanged, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties do hereby recite and agree as follows:
1. Recitals. The statements contained in the recitals of fact set forth above are true
and correct, and are, by this reference, made a part of this Addendum.
4. Injunctive Relief. Lessee and Lessor agree that money damages would not be
sufficient remedy for any breach of the Lease or violation of the Community Documents and that,
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first
above written.
Witnesses: “Lessor”
_________________________________ _____________________________
Signature Signature
_________________________________ _____________________________
Print Name Print Name
_________________________________
Signature
__________________________________
Print Name
Witnesses: “Lessee”
_________________________________ _____________________________
Signature Signature
_________________________________ _____________________________
Print Name Print Name
______________________________
Signature
______________________________
Print Name