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Rules and Regulations

Valterra Homeowners Association, INC


Valterra Homeowners Association, Inc.
Book of Standards for Community Living

Table of Contents

GLOSSARY ....................................................................................................... 6

THE HOMEOWNERS ASSOCIATION .................................................................. 7

Introduction ................................................................................................................... 7

Mission of the Valterra Homeowners Association .......................................................... 7

The Governing Documents ............................................................................................. 7

The Board of Directors.................................................................................................... 8

The Committees ............................................................................................................. 9

Meetings ......................................................................................................................... 9

Budget and Finances ....................................................................................................10

Managing the Association ............................................................................................11

Records Request ...........................................................................................................11

Rights and Responsibilities ..........................................................................................11

ARCHITECTURAL GUIDELINES, STANDARDS & CRITERIA............................. 14

Introduction .................................................................................................................14

Aspects and Objectives of Architectural Review ..........................................................15

Non Liability for Approval of Plans ...............................................................................16

Alteration Application ...................................................................................................16


General Information..................................................................................................16
Supporting Documents/Materials .............................................................................16

The Review Process ......................................................................................................17


General Information..................................................................................................17
Initial Review ............................................................................................................17
Submission of Plans to the Building Department .....................................................19
Construction Commencement ...................................................................................19
Final Inspection .........................................................................................................21

Change or Modifications Made Without Approval ........................................................21

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Reconstruction .............................................................................................................22

Sale of Property ............................................................................................................22

Administrative Fees and Compensation .......................................................................22

Appeals Process ............................................................................................................22

SITE IMPROVEMENT STANDARDS ..........................................................................24


Additions and Architectural Character ......................................................................24
Air Conditioners.........................................................................................................25
Antennae ...................................................................................................................25
Awnings .....................................................................................................................26
Barbecues/Smokers/Grills/Fire pits .........................................................................26
Canopies including large umbrellas ..........................................................................27
Car Covers .................................................................................................................28
Carriage Lights ..........................................................................................................28
Clotheslines ...............................................................................................................28
Decks and Concrete Patios ........................................................................................28
Dog Houses, Kennels and Runs, Invisible Fences .....................................................29
Doors .........................................................................................................................30
Driveways and Entrances to Garage .........................................................................30
Elevations (change in Facade) including reconstruction ..........................................30
Elevations (change in Grade .....................................................................................31
Encroachment and Plantings on Common Grounds ..................................................31
Fences .......................................................................................................................31
Firewood....................................................................................................................34
Flags - Federal, State, Military ..................................................................................34
Front Entryway ..........................................................................................................35
Front Roof Changes ...................................................................................................36
Garage .......................................................................................................................36
Garbage and Trash ...................................................................................................36
Garden Hoses ............................................................................................................37
Gas Tanks (Propane and/or Natural) ........................................................................38
Generators.................................................................................................................38
Gutters ......................................................................................................................38
Holiday Decorations ..................................................................................................39
House Numbers .........................................................................................................39
Irrigation ...................................................................................................................40
Lake Slope Maintenance and Erosion Standards ......................................................40
Landscaping ..............................................................................................................40
In General ..............................................................................................................41
Berms .....................................................................................................................43
Buffer Landscaping Between Lots .........................................................................43
Edging or Landscape Borders ................................................................................44
Islands ...................................................................................................................45
Landscape Lighting/Flood Lights ...........................................................................45
Minimum Size Requirements – Plants and Trees ...................................................46
Mulch and Rocks, Stones .......................................................................................46
Plant Material – Acceptable ...................................................................................47
Plant Material – Unacceptable ...............................................................................48
Ponds and Waterfalls .............................................................................................49
Trees – Planting .....................................................................................................49

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Trees – Relocation .................................................................................................51
Trees – Removal or Destruction ............................................................................51
Trees – Street Trees ...............................................................................................52
Trellises, Lattice and Arches ..................................................................................53
Vegetable, Herb and Cutting Gardens, Compost Bins ...........................................54
Lawn Furnishings ......................................................................................................55
Lawns ........................................................................................................................55
Lighting ............................................................................... Error! Bookmark not defined.
Lightning Rods and Brushes......................................................................................56
Ornaments .................................................................................................................56
Outbuildings, Sheds and Storage Containers ............................................................58
Painting .....................................................................................................................58
Play Structures and Recreational Equipment ...........................................................59
In General ..............................................................................................................59
Play Structures .......................................................................................................60
Play Structures – plastic and other toys ................................................................61
Permanent Basket Ball Goals .................................................................................61
Temporary Basketball Goals ..................................................................................62
Rain Barrels ...............................................................................................................62
Reflectors ..................................................................................................................63
Roofs .........................................................................................................................63
Roof Extensions/Covering ........................................................................................63
Screen and Storm Doors ...........................................................................................63
Screened Enclosures .................................................................................................64
Screening of Mechanical Equipment .........................................................................65
Septic Tanks ..............................................................................................................65
Setbacks ....................................................................................................................65
Shutters .....................................................................................................................66
Sidewalks and Stepping Stones ................................................................................67
Signs ..........................................................................................................................67
Skylights and Solar Panels ........................................................................................68
Swimming Pools and Spas ........................................................................................68
Water Softeners ........................................................................................................69
Windows - Replacement, Tinting and Treatments ....................................................69

POLICIES ....................................................................................................... 71

ARCHITECTURAL CONTROL COMMITTEE APPLICATION FEES .....................................72

ASSESSMENT COLLECTION POLICY .............................................................................73

COVENANTS’ ENFORCEMENT........................................................................................77

EMAIL POLICY ..............................................................................................................81

EXTERIOR MAINTENANCE OF STRUCTURES AND GROUNDS .......................................82

FIRES, FIREARMS, FIREWORKS, ETC. ..........................................................................84

GARAGE SALES. ............................................................................................................85

INSPECTION & COPYING OF ASSOCIATION RECORDS ...............................................86

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LAWN MAINTENANCE STANDARDS ..............................................................................91

MEMBER CODE OF CONDUCT IN GENERAL ..................................................................94

MEMBERS IN GOOD STANDING ...................................................................................96

MEMBER PARTICIPATION AT ASSOCIATION MEETINGS .............................................97

MEMBER RECORDING OF ASSOCIATION MEETINGS ...................................................99

PETS RESOLUTION .....................................................................................................100

PONDS AND WATER BODIES ......................................................................................102

PORTABLE STORAGE/MOVING CONTAINERS GUIDELINES.......................................103

UNIFORM LEASE EXHIBIT ..........................................................................................103

VEHICLE PARKING AND MAINTENANCE RESOLUTION ..............................................104

VOLUNTEER STANDARD OF CONDUCT AND RESPONSIBILITIES ..............................107

FORMS ......................................................................................................... 111

SWIMMING POOLS ALTERATION ADDENDUM ...........................................................113

FENCE & LANDSCAPING ALTERATION APPLICATION ADDENDUM ............................115

ALTERATION APPLICATION .......................................................................................117

UNIFORM LEASE EXHIBIT ..........................................................................................119

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.

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This document is formatted with a Tahoma font to print on a HP 4010. Printing on other
computers may affect pagination.

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GLOSSARY

Association – Valterra Homeowners Association Inc., a not-for-profit corporation


created under Florida Statute. The Association is a business.

Board – The Board of Directors of the Valterra Homeowners Association, 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.

Documents – Collectively the Community Declaration for Valterra (a.k.a. Declaration or


CCR’s), The Amended and Restated Articles of Incorporation of Valterra Homeowners
Association, Inc. (a.k.a. Articles), the Bylaws of Valterra Homeowners Association, Inc.
(a.k.a. Bylaws) and any Supplements or Amendments thereto as recorded in the official
public records of Hillsborough County, Florida

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.

Lot - The term of “lot” applies to property with or without a dwelling.

Member – Any owner of a home within the community of Valterra.

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.

SWFWMD - Southwest Florida Water Management District commonly referred to as


“Swiftmud”.

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.

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Valterra Homeowners Association, Inc
The Homeowners Association

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.

The purpose of this Book of Standards is to provide an explanation of the


Association’s governing documents and to give the Members of the Association an
overview of how the Association functions in an easily understood format. This book will
review the rights and obligations of Members and leaders of the Association and present
a compilation of the Association’s adopted policies, rules and regulations.

II. Mission of the Valterra Homeowners Association

 To maintain, protect and enhance the value of the homes and common property
within Valterra.

 To foster a sense of community among the Members.

 To pursue excellence in all that the Association does.

 To build a community that is based upon principles and values.

 To record and manage this vision through a system of governance that respects
this perspective.

III. The Governing Documents


Anyone who purchases a house in Valterra should receive a copy of the
Community Declaration of Valterra (herein referred to as “Declaration” or “CCR’s”), the
Amended and Restated Articles of Incorporation (“Articles”), the Bylaws (“Bylaws”) and
all amendments that may have been made to each of these documents. All of these
documents have been recorded in the public records of Hillsborough County. If you did
not receive these documents, notify your title company and request that they provide
them to you as required by Florida Statute. Copies may be obtained from the
management company; however, you may be charged a copy fee for the document
package. Documents may also be viewed and/or downloaded from the Hillsborough
County Clerk of Court.

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Following is an overview of the governing documents specific to the Valterra
Homeowners Association:

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.

IV. The Board of Directors

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

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been conveyed to someone other than a builder, the control of the Association will be
transitioned to the owners of homes within Valterra. When the transition occurs, all
Board positions will be held by Members of the Association.

The Board of Directors is responsible for the administration of the Association.


They have the authority to make and amend rules, adopt policy, adopt budgets, assess
and collect assessments, hire and fire personnel, appoint committees, purchase
insurance and enter into contracts on behalf of the Association. The Board is also
responsible for enforcing the CCR’s and all rules and policies of the Association. Board
Members shall act within the scope of their authority and perform their duties with care
and diligence when acting for the community. The Board may delegate some duties to
the community manager, an employee or to a committee but ultimately the Board is
responsible for all decision making.

V. The Committees

The Board of Directors has the authority to create committees as it deems


appropriate and to assign each committee with a specific task. Committees work in an
advisory capacity to the Board and do not have the authority to commit the Board to an
expense or required action. Committee Members are appointed by and serve at the
pleasure of the Board. Committee Members may be removed from their duties for
failure to perform within the scope of the committee’s boundaries. In the future, Valterra
will have at least two committees. These committees and their duties are described in
the table below.

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

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quorum requirement. A proxy is a written instrument that allows you to be counted in
attendance for the meeting and appoints another person to cast your vote on any voting
matter presented to the Membership. Any owner who sends in a proxy and then
attends the meeting can request his proxy be returned thereby casting his own votes on
all business matters. At a General Membership meeting, Members can make motions
and cast votes on all business matters listed on the agenda.

Board of Directors meetings are conducted as needed. A majority of the Board


Members shall be present to constitute a quorum and to conduct business. Notice of all
Board meetings shall be given to Members 48 hours in advance of the meeting. Any
meeting at which the Board will adopt the budget or approve assessments requires a 14
day notification. All Board meetings are open to the general Membership to attend;
however, motions and votes are made by the Board Members only. Members may
speak to any agenda item during an open discussion period at the beginning of the
meeting. If a Member has a business item that they would like to be addressed by the
Board, they may contact the management company to request that the item be placed
on the agenda. Back up information about the requested agenda item should be made
available to the Board Members prior to the meeting and the Member requesting the
agenda item should be prepared to address the Board at the meeting.

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.

VII. Budget and Finances

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

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from the general funds that are used to operate the Association’s routine business. The
purpose of the reserve account is to offset the high costs associated with long term
maintenance or replacement of amenities owned by the Association.

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.

VIII. Managing the Association

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.

IX. Records Request

The management company is the keeper of the Association’s records. Copies of


official records as outlined in Florida Statute 720 which regulates Homeowners
Associations can be requested from the management company. The request shall be
made in writing. The management company is required to respond to the request
within a ten working day period after receipt of the request. The management company
will arrange an appointment for the homeowner to come to its office and review the
requested records. There will be a fee for any copies requested.

X. Rights and Responsibilities

(Please refer to next page in book.)

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Rights and Responsibilities for
Better Communities
Principles for Homeowners and Community Leaders

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.

Homeowners Have the Right To:


 A responsive and competent community association.
 Honest, fair and respectful treatment by community leaders and managers.
 Participate in governing the community association by attending meetings, serving on
committees and standing for election.
 Access appropriate association books and records.
 Prudent expenditure of fees and other assessments.
 Live in a community where the property is maintained according to established
standards.
 Fair treatment regarding financial and other association obligations, including the
opportunity to discuss payment plans and options with the association before foreclosure
is initiated.
 Receive all documents that address rules and regulations governing the community
association—if not prior to purchase and settlement by a real estate agent or attorney,
then upon joining the community.
 Appeal to appropriate community leaders those decisions affecting non-routine financial
responsibilities or property rights.

Homeowners Have the Responsibility To:

 Read and comply with the governing documents of the community.


 Maintain their property according to established standards.
 Treat association leaders honestly and with respect.
 Vote in community elections and on other issues.
 Pay association assessments and charges on time.
 Contact association leaders or managers, if necessary, to discuss financial obligations and
alternative payment arrangements.
 Request reconsideration of material decisions that personally affect them.
 Provide current contact information to association leaders or managers to help ensure
they receive information from the community.
 Ensure that those who reside on their property (e.g., tenants, relatives, friends) adhere
to all rules and regulations.

Continued on next page

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Community Leaders Have the Right To:

 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.

Community Leaders Have the Responsibility To:

 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.)

Community Associations Institute


www.caionline.org

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
ARCHITECTURAL GUIDELINES, STANDARDS & CRITERIA
This community was developed with the intent that homes harmonize with each other
and present a pleasing and consistent style. Except as required by the Governing
Documents, this style is not the result of a formal architectural code but rather the result
of the vision of the original developer.

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.

These Architectural Guidelines provide an overall framework to allow the Community


to develop and progress in an orderly, cohesive and attractive manner, implementing
planning concepts and philosophy which are required by regulatory agencies and
desirable to residents. These Guidelines include minimum standards for the design, size,
location, style, structure, materials, color, mode of architecture, mode of landscaping
and relevant criteria for the construction or addition of improvements of any nature.
They also establish a process for judicious review of proposed changes within the
Community.

These Architectural Guidelines have been adopted by the Board of Directors of


Valterra Homeowners Association, Inc. pursuant to the Declaration. The Architectural
Guidelines will be enforced by the Declarant during the Declarant Control Period as
defined in the Declaration, and by the Architectural Control Committee established under
Article 19 of the Declaration.

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

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delegated to a resident staffed Committee, Declarant reserves the right during the
Declarant Control Period to withhold approval even if granted by the Committee.

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.

Nothing contained in these Guidelines shall obligate any agency, governmental or


otherwise, to approve plans submitted, nor shall the approval of the ACC be construed
as meeting neither the requirements of Hillsborough County nor any governmental
agency required for approval.

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.

II. Aspects and Objectives of Architectural Review

The Architectural Control Committee evaluates all properly completed Alteration


Applications. Decisions made by the ACC are not based on subjective elements, but on
the following criteria:

Relation to the Natural Environment: To prevent the unnecessary removal,


destruction or blighting of the natural landscape or of the existing man-made
environment.

Conformance with Covenants and Architectural Guidelines: All applications


are reviewed to confirm the project is in conformance with the Declaration and approved
Site Standards.

Design Compatibility: Compatibility is defined as similarity in architectural style,


quality of workmanship, and use of similar materials, colors and construction details.

Location and Impact on Neighborhood: The proposed alteration shall relate


favorably to the landscape, the existing structure, the surrounding homes and the
neighborhood.

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.

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Validity of Concept: The basic concept shall be sound and appropriate to its
surroundings.

III. Non Liability for Approval of Plans


The Declaration Article 18, Section 18.19, page 51 contains a disclaimer which
relieves the Declarant, the Community Association and the Architectural Control
Committee of liability or responsibility for the approval of plans and the specifications
contained in any request by an Owner. Prior to submitting plans or information for
review you should read and understand this disclaimer. Certain additions,
alterations and renovations may void any existing warranties.

IV. Alteration Application

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.

2. Application is made by completing the Alteration Application Form.

3. A separate Alteration Application shall be submitted for each


exterior change or modification.

4. Applications are available from the management company.

5. The completed request, together with all applicable information, is


submitted to the management company.

6. An Alteration Application is not considered complete until


accompanied by all of the information necessary for the ACC to make an
informed decision.

7. Incomplete applications will be "Rejected" and shall not be considered


until resubmitted with the necessary information.

8. The ACC has up to 45 days from the date a properly


completed Alteration Application is received by them to take
action on that request or it is deemed Disapproved.

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.

Publish date 5/31/2013 16


2. Requests for room additions, extensions, modifications including
swimming pools and their screened enclosures, and fences:
a) Homesite survey clearly depicting the location, size and
measurements of the proposed change and the measurements to
the home site boundary lines.

b) Contractor drawings.

c) List of materials being used.

d) Sample of roof shingles if applicable.

e) Paint sample if applicable.

3. Requests for exterior dwelling surfaces including painting, installation


of pavers or tiles on walkways, driveways, etc.:
a) Sketch of area(s) to be covered such as entry, walkway,
driveway, sidewalk, etc.

b) Sample of proposed material – paver, tile, paint chip.

4. Requests for landscaping:


a) Sketch or drawing showing name or type of planting(s)
together with approximate location of each. Existing major
landscaping should be shown on drawing. Please indicate
measurements from property lines when installing trees,
landscape beds, etc.

b) Requests to remove trees shall include a diagram depicting the


approximate location of all existing trees and their types, along
with the trees to be removed and the reason for their removal.

V. The Review Process


A. General Information
1. The design and construction review process is a 4-step procedure:
Initial Review, Submission of Plans, Construction Commencement and
Inspection.

2. Thorough and timely submission of information as well as adherence


to the Guidelines set forth in the process will prevent delays and minimize
frustration of all parties involved.

3. Questions concerning interpretation of any matter set forth in the


Guidelines should be directed to the ARC.

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

Publish date 5/31/2013 17


of plans (2 sets of plans will be required for new house construction or
additions to existing homes).

2. Any and all Alteration Applications and submission of supporting


documentation should be made by certified mail, return receipt
requested. Facsimile or electronic submission with verification of
transmittal will also be acceptable.

3. The information required for the review is as follows:


a) Alteration Application with a detailed description of the
planned modification

b) Final Survey showing the approximate location and dimensions


of all improvements, including driveway, irrigation, and swimming
pools

c) Floor Plans if applicable

d) Exterior elevations (all sides) if applicable

e) Concept Landscape Plan if modification involves changes to


the current landscape

f) Any other information, data, and drawings as may be


reasonably requested by the ARC.

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.

b) “Approved with Conditions” – the document submitted is


partially approved. The Owner may proceed with the work to be
performed as modified, but shall comply with any and all
notations on the submittal, including the existing
Architectural Guidelines.

c) “Disapproved” – the entire document submitted is not


approved and no work may commence.

d) In some cases, additional information may be required in


order to make an informed decision. Incomplete applications will

Publish date 5/31/2013 18


be stamped “Rejected” and shall not be considered until
resubmitted with all of the necessary information.

6. Any Alteration Application not approved within 45 days shall


be deemed Disapproved.

No construction or structural improvement, no alteration or addition to


any existing structure or site improvement shall be made on any property
until the plans and specifications showing the proposed design, nature,
type, shape, size, color, materials and location of same shall have been
submitted to and shall have received final approval by the ARC.

7. It is the ACC’s goal to approve all requests in an expedient fashion.

8. For the purpose of a rapid response it is required that each form is


limited to one request. The more detail provided with the submittal, the
quicker a response may be expected.

9. In the case of an incomplete application or the request by the ACC for


more information, the applicant will have 30 days to comply with the
request. Failure to comply within the 30 days will result in the need for a
new application to be submitted.

C. Submission of Plans to the Building Department


1. Following the approval of Step 1, the Owner may submit their plans
to the Building Department or the required agencies that have jurisdiction
for the required permits that may be needed for the modification project.
Changes required by the said agencies shall be re-approved by the ARC.

2. Hillsborough County Permits


a) Hillsborough County requires permits for many types of work
done, both inside and outside your house. For further information,
contact Hillsborough County at (813) 272-5900.

b) Approval for installation by the ACC of any project does not


negate the homeowner’s responsibility to comply with all terms
and conditions of any municipal permit or existing codes required
for the project, which the owner is responsible for obtaining.

c) In addition, permits are required to remove certain types and


sizes of trees. A copy of the Hillsborough County tree code is
available at
www.hillsboroughcounty.org/hcce/codeenforcement/min
stdsord962.pdf

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.

Publish date 5/31/2013 19


2. If the requested change does not require a building permit, all
materials utilized in the improvement shall be approved by the ACC
before Commencement.

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.

5. Access to Common Areas


a) All exterior changes and modifications shall be completed in a
manner so that they do not materially damage the common areas
of the Association or individual Lots. Nor shall they in any way
impair the integrity of the improvements on the property subject
to maintenance by the Association.

b) No homeowner shall permit their contractor to access or


otherwise cross the common areas, or another person’s Lot
without receiving written permission in advance from the Board,
an officer or the Community Manager. In the case of accessing
another person’s Lot, permission shall be obtained from the
Owner.

c) Any contractor or installer, other than the record Titleholder of


the Lot shall provide the Association with an insurance certificate
listing the Association as a named insured prior to commencing
work. Insurance shall meet the following minimum limits:
Contractor’s General Liability including completed operations:
statutory minimum amount. Worker’s Compensation: statutory
minimum amounts. The Board may establish these amounts.

d) Homeowners are responsible for any damages to the Common


Areas, other Association property. Homeowner is responsible for
restoring, regrading, repairing & replacing any damaged grass or
plants on this or any adjoining Lots, caused by this construction.

e) Owners are responsible for all cleanup of any improvement


project. All debris, sod, soil, construction trash etc. shall be
removed from the lot and hauled to the proper waste sites within
seven (7) days of the completion of the project.

f) All homeowners shall be held responsible for the acts of their


employees, subcontractors and any other persons or parties
involved in construction or alteration of the home site. The
responsibilities include but are not limited to the following:
(1) Ensuring that the construction site, community
properties and roadways are kept clean and free of all

Publish date 5/31/2013 20


debris and waste materials, and that stockpiles of unused
materials are kept in a neat and orderly fashion.

(2) Prohibiting the consumption of alcoholic beverages,


illegal drugs or other intoxicants that could hamper the
safety or well-being of other personnel on the site.

(3) Any contractor or installer, other than the record


titleholder of the Lot, shall provide the Association with an
insurance certificate listing the Association as a name
insured prior to commencing work. Insurance shall meet
the following minimum limits: Contractor's General Liability
(including completed operations): statutory minimum
amount. Worker's Compensation: statutory minimum
amount. In the absence of statutory minimum amounts,
these amounts may be established by the Board.

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.

2. Upon completion of the improvement the Homeowner shall give


notice to the ARC. At this time it will be reviewed for compliance with
these Guidelines and the approved Alteration Application.

3. Owner shall make certain any damage to streets, curbs, drainage


inlets, sidewalks, street signs, walls, community signage, landscaping,
irrigation, etc. is repaired or the damage will be repaired by the
Association and such costs will be charged to the Owner.

4. Acceptable completion time frames for projects will be as follows:


a) Pool installation 10 weeks

b) Fence installation 3 weeks

c) House additions 4 months

d) If projects will require additional time, the Owner shall contact


the ACC with the anticipated completion date.

5. Application approvals are valid for a period of six (6) months


and a new Alteration Application shall be submitted after that time has
elapsed if the approved project has not commenced.
VI. Change or Modifications Made Without Approval

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

Publish date 5/31/2013 21


receipt of the letter to submit a completed Alteration Application or remove the change.
The Alteration Application is not considered complete unless it is accompanied by the
applicable processing fees (if submitted after the work was done), materials list, final
survey and all those required supporting documents listed under Section IV. B above.

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

In the event that a residential structure or any part thereof is destroyed by


casualty or natural disaster, the Owner shall notify the ACC and commence
reconstruction within 60 days. The ACC will make every effort to accommodate the
Owner in the application process in order to repair or rebuild in a timely manner.

VIII. Sale of Property

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.

IX. Administrative Fees and Compensation

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

Publish date 5/31/2013 22


shall be deemed disapproved. The Board shall make a final decision no later than 30
days after such meeting. In the event the Board fails to provide such written decision
within 30 days after such meeting, such plans and specifications shall be deemed
disapproved. The decision of the ACC, or if appealed, the Board shall be final and
binding.

Publish date 5/31/2013 23


XI. SITE IMPROVEMENT STANDARDS

NOTE: These Architectural Guidelines are supplemental Guidelines for the


recorded Community Declaration for Valterra. Additional requirements may be
contained in the recorded documents. Applicants are encouraged to review the
Covenants in addition to these Guidelines prior to submitting an Alteration Application.

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.

2. The height of any addition to an existing house shall not be higher


than the original ridge-line and the proposed eave must be at the same
height as the existing eave line. No alteration or improvements shall be
made which provide a roof pitch that varies from the roof originally
constructed.

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.

4. All additions shall meet the minimum load requirements of the


Southern Building Code (latest edition) concerning wind resistance and
other applicable requirements. An engineer’s statement of wind load
capacity is required as part of the plans submitted with the Alteration
Application.

5. All materials used in the maintenance, repair, additions and


alterations shall match those used by the Declarant or Builder as to color,
composition, type and method of attachment. The ACC may allow
substitute materials if they deem these materials to be compatible with
the theme of the community.

6. No additions, alterations or renovations shall be permitted if it is


determined to have a material adverse impact on neighboring properties
and/or the community.

7. When any additions, alterations or renovations are performed to an


existing house, the established Lot drainage shall not be altered. Any
Owner or Occupant who changes the existing grading or drainages shall
be liable for all costs and expenses of repairing such changes, or any
costs, liabilities, damages or causes of action arising out of such changes.

8. Stormwater from a new addition roof or new grade of house terrain


shall not run on neighboring property as to create a nuisance.

Publish date 5/31/2013 24


9. The location of all windows in a new addition shall not adversely
affect the privacy of adjoining neighbors.

10. No additions shall extend beyond the side walls of the house.

B. Air Conditioners
1. Document Reference – Declaration Article 12, Section 12.46.

2. No air conditioners shall be mounted through a window, door or hung


on a wall.

3. Replacements of air conditioner components shall be replaced in their


original location.

4. Conduits shall be painted to match the stucco color.

5. Air conditioner guards shall be substantially the same style (black


aluminum) as:

C. Antennae
1. Document Reference – Declaration Article 12, Section 12.33.

2. All outside antennas, antenna poles, antenna masts, electronic


devices, satellite dish antennas or antenna towers are subject to the
approval of the ARC.

3. No such equipment may interfere with the radio or television


reception of other homes.

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.

5. All satellite dishes shall be no more than 37 inches in diameter.

Publish date 5/31/2013 25


6. All antennae and satellite dishes should be either ground mounted or
mounted on the rear wall or sidewall of the house, no lower than 8 feet
from the ground.

7. Satellite dishes that are ground mounted shall be installed at no


greater distance than 8 feet from the house and shall be located in a
mulched bed at least 36 inches in diameter and preferably in a screened
or fenced area.
8. It is respectfully requested that satellite dishes NOT be placed on top
of roofs.

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.

13. If antennae or satellite dishes become detached, Homeowners shall


remove or repair such detachment within seventy two hours of the
detachment. If the detachment threatens safety, the Association may
remove the antennae or satellite dish at the expense of the owner,
without prior notice.

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.

2. If not screened from view of the neighboring property by a fence,


they shall remain covered when not in use.

Publish date 5/31/2013 26


3. Built-in barbecue units shall be located within the rear lanai area, and
designed as an integral part of the house. Their location shall be carefully
planned to minimize smoke or odors affecting neighboring properties.

4. Outdoor wood burning is prohibited except in a fire pit kept on the


lanai or within the birdcage area of a house. The fire pit shall have a wire
screen mesh, be freestanding and kept in good working condition.

F. Canopies including large umbrellas


1. The installation of a canopy (fabric gazebo) that is to remain in place
for more than seventy two (72) hours requires approval from the ARC.
The Alteration Application shall include a picture of the canopy that is
being requested and also a description detailing dimensions and color.
Location of the installation shall be drawn on a copy of the final survey of
the Lot. Approvals will be considered based upon the following criteria:

a) Canopies may be installed only in the rear yard of a house or


on the patio.

b) Rear yard of the house shall be fenced.

c) Canopies shall be bolted into the concrete of the patio or


anchored in concrete if located in a grassy area.

d) All safety installation instructions by the manufacturer of the


product shall be followed.

e) Dimensions may not exceed 10’ x 10’ x 10’ (at peak height).

f) Canopy shall be a solid neutral color such as tan. No bright


colors or obvious stripes and patterns will be approved. The
canopy color shall compliment the colors of the exterior of the
house.

g) Canopy shall be maintained. If notified by the community


manager that maintenance is needed (i.e. mildewed, stained,
etc.), the owner shall comply in no less than fourteen days of
receipt of the notice. If torn or aged, the canopy shall be
removed. A new application will be required to install a
replacement canopy.

h) No lights or other types of illumination, hanging fixtures or


decorations may be affixed to the canopy. Exception will be for
private parties and such fixtures or decorations shall be removed
within 24 hours of the party.

i) In a storm event such as a tropical storm or hurricane warning


where advance notice is given to the community, the complete

Publish date 5/31/2013 27


structure including the canopy and posts, other than the portion
anchored in cement, shall be removed and stored in a secure
place.

j) If resident is to be away from the house for a long period of


time, especially during hurricane season, the complete structure
including the canopy and posts, other than the portion anchored
in cement, shall be removed and stored in a secure place. A new
application is not necessary for reinstallation of an originally
approved canopy.

k) No other type of tent or canopy cover will be approved.

l) Umbrellas larger than a pool umbrella shall have approval of


the ACC and will be considered on a case by case basis.

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.

5. Notwithstanding anything to the contrary contained in this standard,


no clothesline may be installed without the advanced written approval of
the ARC, and no requirement of the ACC shall violate Florida Statute
163.04.

J. Decks and Concrete Patios


1. Document Reference – Declaration Article 12, Section 12.14.

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.

Publish date 5/31/2013 28


3. All decks and patios shall be solid poured concrete or concrete pavers
in an earth tone color to complement the color palette of the house.
Wooden or composite material decks may be considered based on the
grade and terrain of the lot and will be reviewed by the ACC on a case by
case basis.

4. Concrete pavers shall be installed according to manufacturer’s


recommended specifications and at a minimum over weed block fabric
and level tamped sand or similar material.

5. Spaces between concrete pavers shall be sanded or grouted. Grass


and weeds shall not be permitted to grow between pavers.

6. The size of decks and patios shall be determined by the available


space per lot and may not cover more than twenty five percent (25%) of
the total lot area excluding any building, structures and paved areas.

7. Construction of decks and patios shall not adversely affect any


designed and approved drainage pattern for this or any other lot.

8. Deck rails cannot exceed forty-eight inches (48”) in height from


decking and shall be ornamental aluminum to match the color of the
house window frames. Deck rails may not extend past the deck or patio
and shall have a continuous top rail that is free of decorative finials,
spikes and the like to serve as a handrail.

K. Dog Houses, Kennels and Runs, Invisible Fences


1. All dog houses will be located in a fenced rear yard.

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.

3. Dog houses shall be a minimum of fifteen feet (15’) from any


neighboring property line.

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.

6. Invisible fences need approval prior to installation.

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.

Publish date 5/31/2013 29


8. Regardless of the method of restraint used, including
invisible fencing, pet owners are responsible for assuring that
their pets do not run free. Pet owners are liable for any damage
to persons or property caused by their pets.

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.

M. Driveways and Entrances to Garage


1. Document Reference – Declaration Article 12, Section 12.16.

2. All driveways and entrances to garages shall be concrete or a


substance approved in writing by the ACC and of uniform quality.

3. Additional concrete walking area(s) adjacent to the driveway which


extends the overall total driveway width not more than four (4) feet (two
feet on each side of the existing driveway) will be considered for
approval, however, the extension shall match the existing driveway in
design, material and color. No driveway expansion shall be permitted
beyond the external side lines of the garage.

4. Pavers or tiles on walkway and driveway surfaces are permitted. A


sample of the paver or tile shall accompany the request.

5. Decorative seal coating of a driveway will be considered on a case by


case basis. Normally the design, pattern and colors shall be earth tones
that complement the existing home elevation and paint colors. Such
applications shall not extend beyond the front lot line or include the
sidewalk.

6. Pavers may be installed on the driveways. Colors will be muted earth


tones and a sample of the proposed paver shall accompany the request.
Pavers shall be installed in a manner that does not create any elevation
changes at the driveway both from the street and any adjacent
sidewalks.

7. Driveways shall be kept free of oil and other chemical spills,


shall be routinely cleaned and all cracks repaired.

N. Elevations (change in Facade) including reconstruction


1. Changes in the outside appearance of the façade will not be
permitted unless these features are or were currently offered by the
builders as an option.

2. No vinyl siding will be permitted.

Publish date 5/31/2013 30


3. Cement board or Hardee board may be permitted as an accent on the
side upper walls of a two story house. The accent piece shall not exceed
five (5) feet in length measured from the highest peak of the roof and
shall be painted to match the body color of the house.

4. All reconstruction including roofs shall be of the same or substantially


similar material, colors, etc. as the original construction of the house.

5. All reconstruction shall be completed within six (6) months


from the date of the event causing the damage (Declaration
Article 14, Section 14.2.2.

O. Elevations (change in Grade


1. No owner shall excavate or extract earth (dirt) from a Lot for any
business or commercial purpose.

2. No elevation changes shall be permitted which materially affect


surface grade of surrounding Lots.

P. Encroachment and Plantings on Common Grounds


1. No extension of the landscaping of home sites will be permitted on
Association common grounds including pond banks.

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.

2. No fence of any kind shall be installed or maintained on any Lot


without prior written approval of the Architectural Control Committee
(ACC).

3. All fences shall be white PVC as described below. Any gates shall be
in the same style, materials and color as the fence.

4. Privacy fences shall be tongue and groove often referred to as the


“Lexington” style. They shall not exceed six feet in height and may be
installed along the property lines except in view corridors.

5. View Corridor Fences – open picket style fences are required


along view corridors.
a) Fences on lots with view corridors such as ponds and
conservation areas or other view enhanced areas or amenities

Publish date 5/31/2013 31


shall be reduced to a maximum height of four feet (4’), for the
last twenty feet (20’) to the rear property line.

b) The transition in height shall be gradual over a distance of six


feet (6’) to eight feet (8’) and not an abrupt change between the
heights.

c) The lower height of 4 feet, maximum, shall also be maintained


across the total distance of the rear property line.

d) Pickets are 1 to 2” in width with gothic tops.

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.

8. Fencing of the front yard areas is not permitted.

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.

Publish date 5/31/2013 32


15. Fence styles shall be consistent with the pre-approved styles, types
and colors.

16. All fences shall be built to and conform to all manufactures’


specifications.

17. Notwithstanding any other governmental regulations, any side fencing


on a typical or regularly shaped 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. Fence
set backs on irregularly shaped corner lots will be reviewed on a case by
case basis.

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.

19. Fence shall be kept clean and in good repair.

20. Irrigation systems shall be reconfigured to provide complete


coverage.

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.

22. Any and all required governmental approvals/permits for fence


construction are the responsibility of the homeowners and must be
obtained prior to commencing construction. It is the responsibility of
the Owner to comply with all County and/or Association
requirements, whichever is most stringent.

23. The Declarant reserves the right to erect fences and walls outside the
scope of these guidelines.

Lexington Style Fence:

Publish date 5/31/2013 33


Picket Styles:

4 Foot Open Picket – fence may be straight or concave top

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.

2. Covering firewood is allowed only if the cover is natural in color or


consistent with the exterior colors of the residence.

3. Firewood shall be a minimum of ten feet (10 ft.’) from the house
structure.

4. Firewood shall be routinely inspected for signs of insect activity and if


found, all infected firewood shall be removed from the property
immediately.

S. Flags - Federal, State, Military


1. Document Reference – Declaration Article 12, Section 12.35.

2. In accordance with Florida Statutes 720.304, any homeowner may


display one portable, removable official flag not larger than 4 ½ feet by 6
feet, United States flag or one official flag of the State of Florida in a
respectful manner, and one portable removable official flag not larger

Publish date 5/31/2013 34


than 4½ feet by 6 feet, which represents the United States Army, Navy,
Air Force, Marine Corps, or Coast Guard or a POW-MIA flag.

3. Flagpoles may be mounted to the house directly to the left or right of


the front door or on the garage centered in the middle of the garage
above the garage doors. Flagpoles attached to the house may not
exceed 5 feet.

4. When mounted on the house, flags shall be flown on a pole in an


outward fashion from the house. The American flag, state of Florida flag,
Military Service or MIA flags which are no larger than 4½ feet by 6 feet,
attached to the house in the above locations shall be permitted without
ACC approval.

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.

6. The U. S. flag shall be flown in accordance with the requirements of


the United States Flag Code. In no instance shall the flag be flown in
violation of Section 720.304, Florida Statutes.

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.

8. Flags shall be replaced if faded, tattered, or in poor condition

9. Flag poles and flag attachments will be kept in a clean and


maintained condition.

T. Front Entryway
1. No front entryway shall be screened.

2. No front entryway shall be used for storage.

3. Outdoor furnishings such as one outdoor bistro set consisting of a


small table and two chairs or one outdoor bench may be placed in this

Publish date 5/31/2013 35


area. The Alteration Application must include a photo of the furnishings
that will be placed in the area. Appropriate materials for outdoor
furnishings are concrete, wrought iron or woods such as cedar and teak.
Plastic or PVC furnishings, umbrellas and sunshades will not be permitted
in the front of the house.

U. Front Roof Changes


1. No changes other than skylights will be permitted on any roof which
is visible from the front of the house.

V. Garage
1. Document Reference – Declaration Article 12, Section 12.16.

2. No garages shall be enclosed or converted into a living area and must


at all times be used as a garage for car storage or storage of owners
personal property.

3. No screening is allowed temporarily or permanently on garage door


openings.

4. Garage doors shall remain closed at all times except when


vehicular or pedestrian access is required.

5. Stand-alone garages and secondary garages accessible by side or rear


yards are not permitted.

6. Replacement of garage doors shall meet current County codes at the


time of replacement. If there is more than one (1) garage door, all must
be replaced at the same time unless the replacement door is the same,
exact match to the existing door. The new doors must match or
coordinate with the color of the body of the house.

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.

W. Garbage and Trash - Screening of Containers and HVAC Equipment


1. Document Reference – Declaration Article 12, Section 12.17.

Publish date 5/31/2013 36


2. All garbage cans and other garbage containers shall be kept inside
the garage or in the rear yard, screened to conceal them from view of
neighboring Lots and streets, except on the day of collection.

3. Acceptable screens shall be of material and color compatible with the


design of the residence and may include landscaping, wood (if wood is a
permitted material in the community Fencing Guidelines) or white PVC
lattice or fencing.

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.

5. All screens, landscape structures or plant materials shall be located a


minimum of two (2) feet from the equipment or allow for adequate air
circulation around the equipment, but may not encroach or trespass on a
neighboring property.

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.

7. If plantings are used for screening, “adequate screening” shall be


plantings which initially (i.e. when first planted or installed) screens a
minimum of eighty percent (80%) and which completely screens the cans
or equipment within one (1) year from the date of approval.

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.

9. Trash may not be accumulated or stored on the exterior of the house.

10. Open burning of garbage and other refuse is not permitted.

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.

2. Circular (spiral coiled) hoses shall be secured.

3. Hoses that are not earth tone in color (brown, green, etc.) shall be
stored completely out of sight.

Publish date 5/31/2013 37


Y. Gas Tanks (Propane and/or Natural)
1. Document Reference – Declaration Article 12, Section 12.15.

2. Preferable installation is to have gas tanks buried. Gas tanks installed


above ground shall meet Hillsborough County building code requirements
and shall be concealed by landscaping or lattice.

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.

2. The generator shall be installed on the side or in the rear of the


house.

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.

4. The generator enclosure box shall be painted to match the exterior


body color of the house.

5. The generator may only be operated when there is a power outage or


for the briefest possible time to test it as required by the manufacturer.

6. Portable generators shall be stored in the garage and only placed


outside during periods of power outage. They shall be operated in
accordance with manufacturer’s directions and located as far as possible
from all adjacent homes.

AA. Gutters and Solar Collectors


1. All gutters must match the fascia of the house (white or bronze).

2. Gutter down spouts must not concentrate water flow onto


neighboring properties.

Publish date 5/31/2013 38


3. Solar collectors must be flush mounted on the roof and whenever
possible be located on the rear and side roofs of the house and should
not be installed so as to be visible from the street. No yard mounted
solar collectors are allowed. Roof mounted solar equipment (excluding
the solar panels) must match the roof color. (Note: Roof mounted solar
collectors and equipment may void that portion of the roof warranty
where the panels are installed.)

BB. Holiday Decorations


1. Holiday displays in the front entryway and on the front door, along
with traditional holiday lighting do not require approval from the ACC.

2. Holiday lights and decorations shall not create a nuisance to the


adjacent residents or the community.

3. Holiday lights to celebrate Christmas, or similar holiday, may be


installed commencing on Thanksgiving and shall be removed not later
than January 15th of the following year. Brackets, clips and other holders
for holiday lights that are installed on a house must be removed at the
time that the lights are removed.

4. No more than 1 individual inflatable display item is permitted for any


holiday.

5. Any holiday displays other than those defined here will require the
approval of the ACC.

Holiday Installation Removal


(no earlier than) (no later than)
Valentine’s Day 15 days prior 5 days after
St. Patrick’s Day 15 days prior 5 days after
Easter 15 days prior 5 days after
Memorial Day 15 days prior 5 days after
Independence Day 15 days prior 5 days after
Halloween 15 days prior 5 days after
Veteran’s Day 15 days prior 5 days after
Thanksgiving Day 15 days prior 5 days after
Hanukkah Thanksgiving Day January 15
Christmas Thanksgiving Day January 15

CC. House Numbers


1. To aid emergency personnel, delivery people and to conform to
Hillsborough County ordinances, each house shall have a readily visible
number permanently attached to the front of the house.

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.

Publish date 5/31/2013 39


3.

4. House numbers shall be black, gold or white in color, in stark contrast


to the material the numbers are attached to. The overall height of each
number shall not exceed 6.5 inches and not be less than 4 inches in
height.

5. For reasons of safety, numbers in script are not permitted.

6. Periodically you may receive solicitations to paint your house numbers


on the concrete curbing of the street. The literature is formatted in a
manner to make it appear that the contractor has permission to do this
work and is performing a valuable service. Please be advised that we did
not and will not hire a contractor to perform these services. We are
unable to give someone permission to paint on property that neither you
nor the Association own. The streets and curbs are owned and
maintained by the County.

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.

3. In periods of extreme drought and tightened water restrictions, the


Association will waive the portions of the Community Standards requiring
the replacement of dead grass and landscaping until the restrictions are
lifted. After the restrictions are lifted, all dead grass and landscaping shall
be replaced within thirty (30) days.

4. No irrigation shall be installed in rear yards or elsewhere that would


be in violation of Hillsborough County ordinance.

EE. Lake Slope Maintenance and Erosion Standards


1. Document Reference – Declaration Article 12, Section 12.21.

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.

Publish date 5/31/2013 40


3. Maintenance of the lawn and landscaping shall mean at a minimum,
upkeep, maintenance and preservation of that which was initially installed
by the builder of the house on the Lot. However the use of Florida
Friendly or low water–usage landscape design is neither discouraged or
prohibited

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.

b) Proposed changes to landscaping require detailed plans


indicating any removal and relocation of trees, additional planting
of trees and shrubs. Quantity, approximate size and types of
plants shall be identified. The landscaping plan must detail the
location of beds and planting materials. Most landscaping
contractors will prepare this diagram for you. Be sure that
plantings are not in area of underground wiring, cables or
irrigation pipes. Any required changes to the irrigation system will
be at the homeowner’s expense. Call Diggers hotline at 1-800-
432-4770.

c) The home builder will be installing on each residential lot a


landscape package. This package may not be altered, removed or
otherwise destroyed. If original plantings die, they shall be
replaced in substantially the same form and size.

d) No Owner or Occupant shall plant annual, shrubs or trees that


are considered invasive or prohibited to be planted in this County
or State.

e) Some general recommendations for effective landscaping


include:

(1) Minimize the number of different plants used;

Publish date 5/31/2013 41


(2) make mass groupings of the same plant – avoid the
variegated look of alternating plant types;

(3) Consider the ultimate size of each plant; its mature


scale, cold hardiness;

(4) Plan for efficient watering by grouping plants with


similar water requirements together; and

(5) Plan for proper Maintenance

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.

h) Landscape architectural features may include such items as


benches, planters, yard lights, etc. as an integral part of a
landscape design. Drawings must be provided which clearly show
the location, size and materials planned for these features. In
addition a photograph of the house and the relationship of the
feature to the existing or proposed landscape must accompany
the submittal. Landscape architectural features will be located
only in the planting beds originally installed by the builder.

i) With the exception of dead trees or plants, no landscaping


shall be removed without the prior written approval of the ACC.

j) No changes in landscaping shall alter the approved drainage


plans for the Owner’s lot or any adjoining property.

k) Minimum Quality and Grade: All plant materials shall equal or


exceed the standards for Florida No. 1 grade as given in "Grades
and Standards for Nursery Plants", Parts I and II, State of Florida,
Department of Agriculture current edition and any amendments
thereto. All grass sod shall equal or exceed the Standards for
Florida Premium Grade or Florida Standard Grade as established
by Turfgrass Producers of Florida, Post Office Box 146,
Okeechobee, FL 34973, (813) 467-2224.

l) All plant materials shall also be true to name, size, genus,


species and variety as established by the American Joint
Committee on Horticultural Nomenclature publication Standard
Plant Names and as per the recommendations and requirements
of ANSIZ60.1, American Standard for Nursery Stock.

Publish date 5/31/2013 42


m) Originally installed landscape beds shall not be materially
altered as to width, curvature and the like. Originally installed
trees and plant materials shall be maintained and may not be
replaced without approval.

n) New installed landscaped beds adjacent to the house shall not


exceed two (2) feet in width or a width that is at least five (5) feet
in from the property line. Non-adjacent plantings shall be planted
a minimum of five (5) feet in from the property line so that
planting do not extend over the property line.

o) Artificial plants are not permitted as part of the landscape.


They may only be used in planter pots at the front entry of the
home.

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) Architectural berms with straight lines and crisp angular


change in direction are discouraged. The height of berms should
vary to avoid a monotonous appearance.

c) No berming shall impede or cause surface drainage problems.

7. Buffer Landscaping Between Lots


a) Side yards between Lots may be landscaped with plant
materials to provide visual screening.

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.

c) Buffer landscaping shall not be located any closer than


five feet (5’) to the property line as measured from the
tree trunk or plant material main trunk. Buffer
landscaping shall not extend into any front yard setbacks
or obstruct the vision and safety of vehicular or pedestrian
traffic.

d) All buffer landscaping shrubs shall be planted and maintained


so as to form a continuous, unbroken 80% visual screen within

Publish date 5/31/2013 43


one year of installation. Shrubs shall consist of one predominant
species, shall be planted 2'6" apart, on center, with each plant
having a minimum size of three gallon, 36-inches tall and 18-
inches wide at the time of planting and maintained to achieve a
minimum of 48” in height within one (1) year of planting.

e) On view corridor Lots shrub material from the rear


building set back to the property line shall be maintained
at a 4 foot height to ensure visibility. The selection of
buffer landscaping species shall be made from the
approved Plant Materials List.

8. Edging or Landscape Borders


a) Poured concrete curbing, concrete edging blocks, and black or
green plastic edging are the only acceptable forms of edging.

b) Poured concrete curbing shall be the natural concrete color or


a natural earth tone color added to the concrete mix at time of
pouring. No painting or staining will be allowed after pouring. A
color chip shall accompany the request.

c) Edging blocks shall be natural concrete color or an earth tone


color. A sample of the edging block shall accompany the request.
Any design shall be either a brick paver or stone look.

d) Edging will be allowed around mulched areas along the


perimeter of the house and may be installed around an island
which measures a minimum of 150 square feet.

e) Edging will be allowed around individual trees if installed to a


diameter of at least thirty-six (36) inches in order to contain mulch
and prevent damage to trees from lawn equipment. However, a
minimum distance of six (6) feet shall be maintained between any
landscape borders.

f) Edging shall not be installed around individual trees,


lampposts, along driveways, side or rear property lines.

g) Black or green plastic edging (standard roll edging) may be


installed as long as the grass height covers 90% of the edging.

h) Wire, decorative plastic or resin and wood borders will not be


approved.

i) No railroad ties will be permitted.

j) Please see the next page for examples of approved edging.

Publish date 5/31/2013 44


k) Intermixing concrete edging styles and types is not permitted.
Only one (1) style/type is allowed in the yard.

APPROVED STYLES OF EDGING or LANDSCAPE BORDERS

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.

b) In no case shall islands take up more than 20% of the grassy


area.

10. Landscape Lighting/Flood Lights


a) Landscape lighting, solar or wired, may only be installed in
landscaping beds and along the walk from the front door to the
driveway. It may not be installed along the sides of the driveway,
adjacent to the sidewalk or between the sidewalk and the street.
Individual lights shall be black, white, or natural metal in color
(silver, gold, bronze, copper).

b) Lights shall not be spaced closer than 30 inches on center.

c) Post mounted lights shall not exceed 12 inches in height,


hanger mounted lights shall not exceed 24 inches in height from
the top of the light fixture to ground level. Lights may not
interfere with lawn maintenance.

d) Lighting shall be low level and recessed to shield the source of


the light. Low voltage fixtures shall be located and aimed
carefully. Tree mounted lights are not allowed.

e) Junction boxes and other lighting hardware shall be placed


below grade or screened by landscape material to minimize
daytime visibility.

Publish date 5/31/2013 45


f) Lights may not shine onto other properties or onto the
sidewalk or street.

g) Rope lighting is only permitted for holiday use.

h) The following examples shall be eligible for “Express


approval”.

11. Minimum Size Requirements – Plants and Trees


a) Shade trees 2” caliper minimum
b) Flowering/Ornamental Deciduous Trees 3’ height minimum
c) Evergreen trees 3’ height minimum
d) Shrubs for border landscaping 3 gallon minimum
e) Shrubs and Perennials 1 gallon minimum

12. Mulch and Rocks, Stones


a) Dark hardwood chips or natural color shredded mulch (no
dyed mulch) may be approved for landscape beds. Stone mulch
may be used provided that it adheres to the following standards:
(1) Minimum size: ¾” in diameter
(2) Maximum size: 1 ½” in diameter
(3) Colors to be earth tone only (buff, beige, charcoal or
brown). No white rocks or stones are permitted
(usually referred to as white marble chips).

b) When natural rock is used, a sample of the stones shall be


submitted to the ACC for approval. Example of such stones is
“Crimson stone mixture” (reddish brown in color) and River rock
(multi brown in color).

c) No decorative rock shall be permitted as ground cover.

d) Stones, rocks and boulders shall not be used as bed-edging


material and are not permitted on turf areas.

Publish date 5/31/2013 46


e) No more than two rocks shall be used as decoration in a
landscape and they shall not exceed thirty six inches (36”) in any
measurement.

f) Pine straw is not allowed.

g) No other types are permitted.

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).

i) Each shrub or vine shall have a mulch bed that has a


minimum radius of twelve inches measured from the foliage of the
plants.

j) Shrubs or groundcover planted in mass shall have a


continuous mulch bed. All mulch installation shall be a minimum
of three inches in depth.

13. Plant Material – Acceptable


a) Individual plantings of annuals which are seasonal in nature,
planted within the original planting bed(s) installed by the builder
and do not exceed thirty-six (36”) in height, do not require the
approval of the ACC. However, plans for all other modifications to
any existing landscaping beds or additional landscape beds must
be submitted to and approved by the ACC.
b) Plant materials should be selected and grouped to reflect
ultimate growth, maintenance requirements, texture and
structural contrast and seasonal color.

c) Plants shall be grouped together in drifts or masses whenever


possible rather than being spaced equally around the property.

d) Plants must be able to stand up to the rigors of the Florida


climate. Tender plants such as Ixora, Croton, Hibiscus, Acalapha,
etc., will be allowed as accent plants only, not as base plantings.

e) Some plants are toxic to children and pets. You should


research these issues carefully before selecting plant materials.

f) Shrubs – the following are some of the shrubs that are


normally used in the Valterra area:
(1) Azaleas Rhododendron spp.
(2) Buford Holly Ilex Opaca
(3) Camellia Camellia spp
(4) Firecracker Plant Russelia quisetiformus
(5) Florida Anise Illicium floridana
(6) Gardenias Gardenia spp.

Publish date 5/31/2013 47


(7) Golden Dewdrop Duranta repens
(8) Hibiscus Hibiscus rosa sinensis
(9) Indian Hawthorne Rhapiolepsis indica
(10) Jasmines Jasminum spp
(11) Lorapetalum Lorapetalum chinense
(12) Oleander Nerium oleander
(13) Philodendron Dwarf Philodendron xanadu
(14) Plumbago Plumbago capensis
(15) Podocarpus (Yew) Podocarpus macrophylla
(16) Scheffelera Dwarf Sheffelera arbicola
(17) Schilling Holly Ilex vomitoria 'schillings'
(18) Silverthorn Eleangus pungens
(19) Texas Sage Leucophyllum frutecens
(20) Viburnum Viburnum suspensum spp
(21) Wax Leaf Privet Ligustrum japonicum
(22) Yaupon Holly Ilex vomitoria spp

g) Ground Covers, Bulbs, Tropicals, etc.


(1) African Iris Moraea iridioides
(2) Cast Iron Plant Aspidistra elatior
(3) Confederate jasmine Trachel.jasminoides spp.
(4) Coontie Palm Zamia inegrifolia
(5) Daylily Hemerocallis spp.
(6) Holly Fern Cyrtomium falcatum
(7) Juniper Juniperus spp.
(8) Lily of the Nile Agapanthus africanus
(9) Lily Turf/Liriopr Liriope musicari spp.
(10) Mondo Grass Ophiopogon japonicus spp.
(11) Oyster Plant Rhoeo spathacea 'nana' Dwf
(12) Peace Lily Spathiphyllum spp
(13) Purslane Portulaca
(14) Spider Lily Hymenocallis spp.

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

14. Plant Material – Unacceptable


a) Certain plant species shall not be permitted at Valterra
because of their nuisance characteristics, exotic origin, pest
problems, or high maintenance concerns. The following shrubs,
groundcovers, etc. are prohibited for use in the landscape:
(1) Air plant Catopsos berteroniana
(2) Air Potato Dioscorea bulbifera
(3) Angel’s Trumpet Datura spp.

Publish date 5/31/2013 48


(4) Barberry Barberis spp.
(5) Bromeliads ** Aecmea spp.
(6) Cactus ** Cereus spp.
(7) Cattail Typha latifolia
(8) Century Plant ** Agave Americana
(9) Coral Vine Antigonon leptopus
(10) Euphorbia/spurge Euphorbia spp.
(11) Firethorn ** Pyrocantha coccinea
(12) Glorybower Clerodendrum
(13) Kudzu Pueraria lobata
(14) Pampas Grass Cortaderia selloana
(15) Potato vine Ipomoea spp.
(16) Psychic Nut Jatropha curcas
(17) Vitex Vitex spp.
(18) Yucca Yucca spp.

** may be planted within a fenced back yard.

b) Homeowners should exercise care and not plant any plants,


trees, vines, etc. that are known to be invasive or non-friendly to
this area. For further information, please check out:
http://plants.ifas.ufl.edu/education/district4.html
c)
15. Ponds and Waterfalls
a) A plot plan showing the location of the pond and/or waterfall
shall be submitted with the application. If the pond is being
constructed from a kit, a picture would be helpful.

b) Design of these features should discourage creation of


stagnant pools of water.

c) Ponds and waterfalls shall be located in a fenced back yard


and situated in a manner that does not permit sounds from the
pond, waterfall or its equipment to be heard by neighbors.

16. Trees – Planting


a) The originally installed hardwood trees were part of a
landscape plan approved by Hillsborough County. In most cases a
minimum of 1 tree was required on each lot, however, some lots
required as many as 4 trees. If relocated, all reasonable efforts
must be exercised to keep them alive. If they die, they must be
replaced with a tree from the Hillsborough County Tree Protection
and Restoration Ordinance. Please see
http://urbanforestry.ifas.ufl.edu/HillsboroughTrees.shtml.

b) Ornamental Trees – the following list are some of the


ornamental trees that are normally used in this area:
(1) American Holly Ilex Opaca

Publish date 5/31/2013 49


(2) Bottlebrush Callistemon
(3) Crape Myrtle Lagerstroemia indica
(4) Hibiscus Tree Form Hibiscus rosa sinensis
(5) Indian Hawthorne Tree Rhapiolepis umbellate
(6) Jerusalem Thorn Parkinsonia acculeata
(7) Ligustrum Ligustrum japonicum
(8) Loquat Eriobotrya japonica
(9) Magnolia Dwarf Magnolian ‘Little Gem’ etc.
(10) Nellie Steven Holly Ilex opaca 'Nellie R. Stevens’
(11) Oleander Tree Form Nerium oleander
(12) Savannah Holly Ilex opaca 'Savannah'
(13) Weeping Yaupon Holly Ilex Vomitora pendulata
(14) Trumpet Tree (pink) Tabebuia heterophylla
(15) Trumpet Tree (yellow) Tabebuia argentea

c) Landscape Palm Trees – the following list are some of the


landscape palm trees that are normally used in this area:
(1) Alexander Palm Ptyscosperma elegans
(2) Canary Island Date Palm Phoenix canariensis
(3) Christmas Palm Veitchia merillii
(4) Foxtail Palm Wodeyetia bifurcate
(5) Medjool Date Palm Phoenix dactilifera
(6) Queen Palm Arecastrum romanzoffianum
(7) Paurotis Palm Acoelorrhaphe wrightii
(8) Reclinata Palm Phoenix reclinata
(9) Sabal Palm Sabal palmetto
(10) Washington Palm Washingtonia robusta

d) Accent Palm Trees – the following list are some of the


accent palm trees that are normally used in this area:
(1) Chinese Fan Palm Livistona chinensis
(2) European Fan Palm Chamaerops humilis
(3) Lady Palm Raphis excelsa
(4) Needle Palm Rhapidophyllum hystrix
(5) Roebellini Phoenix roebellini
(6) Windmill Palm Trachycarpus fortunei

e) Tree staking materials shall be adjusted on a regular basis to


maintain a neat appearance and permit plant growth to occur. All
staking materials shall be removed one (1) year after initial
installation.

f) Unacceptable Trees – the following list are trees that are


not acceptable for planting within Valterra. Some of these trees
are not native to Florida and may be considered invasive or
nuisance species.

Publish date 5/31/2013 50


COMMON NAME BOTANICAL NAME
Australian Pine Casuarina spp.
Bamboo (all species) All species (flower pots only)
Bishopwood Bischofia javanica
Brazilian Pepper Schinus terebinthifolius
Camphor Cinnamomum camphora
Carrotwood Cupaniopsis anacardioides
Catclaw Mimosa Mimosa pigra
Cherry Laurel Prunus caroliniana
Chinaberry Melia azedarach
Chinese Tallow Sapium sebiferum
Citrus Citrus spp.
Earpod Tree Enterolobium contortisilquum
Eucalyptus Eucalyptus spp.
Guava Psidium cattleianum, or
P. guajava
Jacaranda Jacaranda acutifolia
Jambolan Syzygium cumini
Laurel Fig Ficus microcarpa
Melaleuca (Punk) Melaleuca quinquenervia
Orchid Tree Bauhinia variegata
Paper Mulberry Broussonetia papyrifera
Schefflera Schefflera actinophylla
Seaside Mahoe Thespesia populnea
Silk Oak Grevillea robusta
Silk Tree, Mimosa, or
Woman's Tongue Albizia julibrissin, A. lebbeck

17. Trees – Relocation


a) Existing trees to be relocated shall be pruned then
immediately replanted, firmly secured in the ground by staking
and adequately watered and fertilized until well established and
rooted. Any relocating of existing trees should be done by a
licensed professional who will adhere to nursery standards for
relocating.

b) Any tree relocated due to construction, such as the installation


of a swimming pool, shall in addition to the above, be barricaded
against the construction activity with silt fencing or other
acceptable barrier. Any relocated trees which die within one year
of completion of construction shall be removed and replaced with
nursery stock approved by the ARC.

18. Trees – Removal or Destruction


a) Trees that have been planted at the direction of the
builder/developer to meet County development requirements that
are located between any street and any sidewalk (hereinafter
“street trees”) shall not be intentionally destroyed or removed.

Publish date 5/31/2013 51


b) Trees other than street trees which have a diameter in excess
of six inches (6”) measured two feet (2’) above ground level, and
distinctive flora shall not be intentionally destroyed or removed
except with the prior approval, in writing of the ARC. (From Article
IX, Section 11 of the Declaration.

c) Prior to the written approval of the ACC to remove any tree


described above or distinctive flora, the homeowner shall first
obtain written approval (in the form of a removal permit along
with any conditions for replacing the removed tree or distinctive
flora) from the governing County agency or department.

d) The above requirements pertain to trees and distinctive flora


which die, for whatever reason, and unless otherwise approved by
the ARC, shall be replaced with the same species and size tree or
distinctive flora as the original tree or distinctive flora.

19. Trees – Street Trees


a) Street trees shall be located in the grassed area between the
sidewalk and street curb.

b) Other than street trees and sod there shall not be any
plantings between the street curb and sidewalk.

c) Street trees shall exhibit superior symmetry, form and


branching, possess a single central leader, be sound, healthy,
vigorous, full and free from disease and objectionable
disfigurements.

d) Per the Hillsborough County Natural Resource Permit for Land


Alteration and Landscaping Activities #85453, the following
conditions apply:

(1) Lot Trees:


(a) 1 tree each Lots 1 – 5
(b) 2 trees each Lots 6-9, 17-19, 30-53
(c) 4 trees each Lots 10-16, 20-28
(d) 6 trees Lot 29

(2) Street Trees:


(a) 2 trees each Lots 1-29, 31-40, 43-52
(b) 3 trees Lot 53
(c) 4 trees Lot 30, 41, 42
(d) Approved street tree species are:
(i) Southern Live Oak (Quercus Virginia) 2”
caliper, 8-10’ height.

Publish date 5/31/2013 52


(ii) Shumard Red Oak (Quercus Shumardii)
2” caliper, 8-10’ height.
(iii) DD Blanchard Magnolia (Magnolia
grandiflora DD Blanchard) 2” caliper, 8-10’
height.
(iv) East Palatka Holly (Ilex attenuate) 2-3”
caliper, 10-12’ height.

(3) All trees shall have a minimum height of 6’ upon


installation and shall be Florida Grade #1 or better in
quality.

(4) A minimum of 50% of the required trees shall be


native species, or cultivars, or hybrids of native species.

(5) All trees installed must be of a shade tree species


unless otherwise approved by the County.

20. Trellises, Lattice and Arches


a) No more than three trellises will be permitted and they are not
allowed to be placed on the front façade of the house.

b) Trellises for supporting plants shall be placed within the roof


overhang on the side or rear of the house.

c) Trellises shall be constructed of weatherproof material, such


as PVC and will be kept in good repair. Wooden and wire trellises
will not be approved.

d) Attaching trellises to the house may void applicable warranties


from the home builder. Homeowners are advised and encouraged
to consult with the builder before attaching anything to the house
walls, fascia, roof, etc.

e) Trellises shall not exceed five feet (5’) in height and two feet
(2’) in width.

f) A freestanding metal obelisk style trellis no taller than four


feet (4’) may be used in a landscape bed. It must be anchored
into the ground in a manner that allows removal upon notice of
pending winds of tropical storm strength or higher.

g) Trellises shall remain plumb, level and structurally sound.

h) Arches and pergolas and similar structures are prohibited.


Previously approved structures of this type shall not be replaced
and shall be removed when the house is sold.

Publish date 5/31/2013 53


21. Vegetable, Herb and Cutting Gardens, Compost Bins
a) Vegetable, herb and cutting gardens shall be confined to the
rear yard out of view from the public streets and common areas.

b) They shall be maintained regularly to prevent excessive weed


growth.

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.

d) Gardens shall be properly maintained during the growing


season and thereafter, all dead plants, stakes or other materials
shall be removed.

e) Composting is only permitted in commercially manufactured


bins designed specifically for suburban composting and shall have
ACC approval prior to placement of the bin on the Lot. Any such
bin shall be covered at all times to discourage pests and prevent
odors. It shall be screened from public view with shrubbery or
lattice panels.

f) Compost bins shall be located a minimum of fifteen feet (15’)


from neighboring property lines in the rear of the house.

g) Bin colors shall be compatible with the exterior colors of the


house.

h) Should an adjacent property owner complain regarding odors,


rodents or other animals that are attracted to the bin, the
Association will notify the Owner in writing and they shall
immediately remedy the situation. In the event that the Owner
does not abate the problem within ten (10) days from receipt of
notice, the Association shall have the right, without further notice
to enter the property and remedy the problem. All expenses
incurred shall be assessed to the homeowner.

i) Additional information on composting may be found at


http://compostinfo.com .

Publish date 5/31/2013 54


GG. Lawn Furnishings
1. Except as provided in item T. Front Entry all other types of lawn
furniture shall be located in the rear of the house and not visible from the
street in front of the house.

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.

4. All lawn furniture shall be removed upon issuance of any


storm warnings of a Tropical Storm Warning or higher.

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.

3. No gravel or similar type lawns will be permitted.

4. Front and side yards shall be sodded with Floratam and irrigated
unless dictated otherwise by local municipalities.

5. Rear yards shall be sodded with Bahia and non-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.

2. Owners may not install security spotlights or flood lights unless


activated by a motion sensor.

3. No spot lights, flood lights, or other high intensity lighting will be


placed or utilized upon any house so that the light is directed or reflected
on neighboring property.

4. Bollard light fixtures are not permitted.

5. Enclosures of light fixtures shall be designed to conceal the lamp


bulb. Light bulbs may not exceed the manufacturer’s recommendation for
bulb wattage.

Publish date 5/31/2013 55


6. Fixtures may be incandescent, metal halide, mercury vapor, or high
pressure sodium lamps. Colored lamps are not allowed.

7. No lighting shall be permitted that constitutes a nuisance or hazard to


any owner or neighboring resident.

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.

9. Rope lighting is only permitted for holiday use.

JJ. Lightning Rods and Brushes


1. Lightning rods and brushes may be installed and shall be done in a
manner that is least obtrusive and uses the minimum number to
accomplish the desired purpose.

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.

2. Ornaments shall not exceed thirty (36) inches in any dimension.

3. Ornaments of a solid color shall be white, dark green, brown, natural


concrete or stone color. If made of metal, they may be the natural color
of that metal.

4. Painted or glazed ornaments shall be as close as possible to the


natural color(s) of the subject that they are depicting.

5. A maximum 6 ornaments and 6 potted plants are permitted as


follows:
a) No more than 3 ornaments and 3 potted plants in front of the
house.

b) No more than 3 ornaments and 3 potted plants in the rear of


the house.

6. Lawn ornaments include, but are not limited to:


a) bird baths
b) bird feeders
c) bird or squirrel house houses
d) decorative flags (including holiday, sports, etc.)
e) fountains

Publish date 5/31/2013 56


f) patriotic display items (yellow ribbons, decals, etc)
g) personal items other that furniture are considered lawn
ornaments
h) plants on hooks
i) plaques
j) potted plants
k) statues
l) stepping stones within a landscape bed
m) sun dials
n) tiki torch (each counts as one lawn ornament)

7. For safety reasons all lawn ornaments shall be removed when


residence is unoccupied for a period of 7 days or more unless prior
arrangements have been made with a neighbor.

8. All lawn ornaments shall be removed upon issuance of any storm


warnings of Tropical Storm Warning or higher.

9. No ornaments shall be hung from trees except for bird houses or bird
feeders.

10. Bird feeders shall be mounted 5 feet above ground level.

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.

12. Ornaments shall not be placed down driveway perimeters, on street


catch basins or on utility boxes.

13. Decorative buckets to catch air conditioner water are permitted as


long as they are aesthetically pleasing (plastic paint buckets and the like
shall not be used).

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.

16. Artificial plants/trees or flower arrangements are allowed on front


entryways only.

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.

Publish date 5/31/2013 57


18. Wind Chimes may be installed in the back yards. If the neighbors
comment that the wind chimes music creates a nuisance, they will need
to be removed.

LL. Outbuildings, Sheds and Storage Containers


1. Document Reference – Declaration Article 12, Section 12.37.

2. Sheds, car canopies, and the like are not permitted.

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.

3. While other paint manufacturers may be used, the color shall be


substantially the same as the colors listed.

4. Alteration Applications submitted without color samples will be


returned. See below for chart of approved colors. NOTE: the colors are a
“set” and are not interchangeable between the schemes; however the
trim color may be changed to Ultra-Pure White.

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.

7. There must be a minimum distance of three homes to either side and


in front of the applicant’s home before a color scheme may be repeated.

APPROVED PAINT COLORS EXHIBIT – Color Wheel

BODY, GARAGE DOORS &


# SECONDARY DOOR (S) TRIM ALTERNATE TRIM
1 Hooper CL2772W Blaeberry CLW1007 Mistaya CLW1042W
W

Publish date 5/31/2013 58


BODY, GARAGE DOORS &
# SECONDARY DOOR (S) TRIM ALTERNATE TRIM
2 Toffee CL2773M Akamina CLW1013 Arrowroot CL2771W
W
CLW1013
3 Threadbare CLC1246M Akamina Dingo CL2744D
W
4 Mortality CL2663D Gorge Water CL1031W Deck Chair CL2684D
5 Mexican Tea CL2883D Gull CL2861W Mistaya CLW1042W
6 Tranquil CL2892W Mexican Tea CL2883D Mistaya CLW1042W
7 Tracing Paper CL2862W Wood Ash CL2854D Mistaya CLW1042W
8 Citadel CL2903M Swishtail CLC1221A Misataya CLW1042W
9 Hailstorm CL3012W Blaeberry CLW1007 Abalon CL3174D
10 Wood Ash CL2854D Earth Smoke CL2901W Mistaya CLW1042W
11 Astron CL2803D Wheel Barrow CL2686N Mistaya CLW1042W
12 Jack in the Pulpit CLC2885A Tracer CLC1267 Mistaya CLW1042W
W
13 Water Cracker CL2873M Duck Down CL2831W Mistaya CLW1042W
14 Pale Khaki CL2924D Boghemp CL2913W Mistaya CLW1042W
15 Wrinkle CL2724D Biscotti CL2741W Mistaya CLW1042W
16 Basswood CL1263D Akamina CL1013W Prose CL2781W
17 Deck Chair CL2684D Museum CL2681W Mistaya CLW1042W

FRONT DOOR AND SHUTTERS: Soot (CL3186A), Shaft (CL3067N), Swishtail


(CLC1221A), Diesel (CL2887N), Oil Skin (CL3197A), Crows Head (CL3167N), Gippie
(CL2977N), Sheepish (CL2757N), Bruno (CLV1131N), Oak Gall (CL2616N), Brown
Sugar (CLC1280N), Trip (CLV1182N), Seablite (CL2886N), Expedition (CL3007N),
Caesar (CL2527N), Cowabunga (CLC1290N).

NN. Play Structures, Recreational Equipment and Toys


1. In General:
a) Document reference - Declaration Article 12, Section 12.36.

b) All exterior play and recreational equipment, including swing


sets, jungle gyms, soccer goals, trampolines, or the like shall be
located within the rear yard of the property and shall be screened
from public view.

c) Acceptable screening includes landscaping and fences.


Trampolines will only be permitted within fenced yards due to
possible legal liability.

d) All play and recreational equipment shall be maintained on a


regular basis by the Owner.

e) Tree houses and skateboard ramps are not permitted.

f) All play and recreational equipment is to be placed at least five


feet (5’) in from the property line.

Publish date 5/31/2013 59


g) All portable play and recreational equipment, including toys,
shall be removed from public view when not in use.

h) All portable play and recreational equipment shall be removed


when residence is unoccupied for a period of 7 days or more
unless prior arrangements have been made with a neighbor.

i) All portable play and recreational equipment shall be removed


upon issuance of any storm warnings of Tropical Storm Warning
or higher. Owners shall take all recommended actions to secure
non-portable equipment in storm events to ensure that said
equipment does not cause bodily injury or damage to other’s
property.

j) The ACC requires that all applicants for basketball equipment


and trampolines obtain signatures from neighbors to the side and
rear of their lot stating that they have no objections to the
installation of the play equipment.

k) Basketball equipment and trampolines may not be used


between the hours of dusk to dawn.

2. Play Structures
a) Document Reference – Declaration Article 12, Section 12.36.

b) Play structures includes but is not limited to, gym or swing


sets, slides, playsets and playhouse, tetherball poles, etc.

c) A picture and the dimensions of the play structure shall be


submitted with the Alteration Application.

d) Play structures shall be wood or plastic, not metal.

e) The overall height of play structures may not exceed twelve


(12) feet in height. However, the height may be reduced by the
Architectural Control Committee based on the lot size and impact
on neighboring lots. This will be determined by a site visit.

f) Applications for play structures shall include a survey showing


its intended placement. The structure’s visual impact to
neighboring lots and/or the street shall be buffered as much as
possible with approved fencing and/or landscaping.

g) It is preferred that canopies and “roofs” be of earth toned


colors – tan, brown, olive or forest green.

Publish date 5/31/2013 60


h) Play structures shall be securely anchored and installed in a
manner so that strong or tropical force winds or higher will not
carry it to other properties causing damage or bodily injury.

i) Play structures shall be kept in good condition at all times


including repair, painting or staining and the replacement of any
canvas.

j) If the play structure will be buffered by landscape the plant


material shall be 80% opaque, start at a height of thirty-six (36)
inches from the ground and may not exceed seventy-two (72)
inches of overall height at maturity and then shall be maintained
at a height of 72 inches at all times. The landscape buffer
installation may not alter the drainage of the lot. The proposed
plant material and location of landscape buffer shall be submitted
to the ACC via the Alteration Application prior to installation.

3. Play Structures – plastic and other toys


a) Plastic play houses and other toys shall be confined to the
back yard and screened from public view either by fencing or
landscape as defined above.

b) No more than two (2) of these types of toys shall be permitted


to remain out for extended periods.

c) All other toys and play materials shall be removed at the end
of each day.

d) All play structures and toys shall be removed and secured


inside in the event that storm warnings of tropical storm strength
winds or higher are posted.

4. Permanent Basket Ball Goals


a) Backboard shall be of white or clear fiberglass or acrylic, not
plywood or particle board.

b) Backboard shall be mounted on a commercially produced


black in color, pole designed for such purpose.

c) Backboard or hoops shall not be mounted on houses, garages


or fences and may only be located in the back yard.

d) Net shall be maintained in good condition.

e) A copy of the survey showing the location of the goal shall be


submitted with the Alteration Application.

Publish date 5/31/2013 61


f) Basketball goals shall be securely anchored and installed in a
manner so that strong or tropical force winds or higher will not
carry it to other properties causing damage or bodily injury.

5. Temporary Basketball Goals


a) One regulation-size or smaller, professional MOBILE backboard
with goal (hoop) may be placed in the back of the home.

b) Equipment may NOT be located in the front of homes, on the


sidewalks or on streets within Valterra.

c) All equipment shall be maintained on a regular basis by the


homeowner.

d) If the goal is not in use it shall be stored in the garage or


behind the rear line of the house. They may not be left in public
view at the front of the house. For this reason, it is recommended
the set be anchored with sand bags rather than filling the base
with water, and or other materials. Concrete blocks, tires and the
like may not be used to anchor the set.

e) Basketball goals shall be portable and have standard white,


gray or clear backboards.

OO. Rain Barrels


1. Rain barrels designed for the purpose of capturing rain from the
gutters systems may be used on the side or rear of the house.

2. Rain barrels shall be placed within an existing landscape bed and shall
be screened by shrubs or lattice panels.

3. Rain barrels shall be placed on a level, secure surface such as a


concrete pad, blocks or bricks.

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.

Publish date 5/31/2013 62


8. Rainwater needs to be used within two (2) weeks to discourage algae
growth. There are several maintenance issues associated with the usage
of rain barrels. Please be sure to take these issues into consideration
before incorporating a rain barrel into your landscape plan.

PP. Reflectors
1. Reflectors are not allowed.

QQ. Roofs
1. Roofs shall be high grade architectural (dimensional) shingles or tile.

2. Roof shingles shall be weathered wood or black architectural 30 year


shingles or substantially the same by another manufacturer.

3. Tile roofs shall be Monierlifetile in the following colors – New


Southern Blend, Casa Grande Blend, Gold Dust, Raspberry Sorbet,
Sterling or Champagne Cream.

4. No metal or other materials are permitted.

5. Roofs shall be kept free of leaves, debris and mildew.

RR. Roof Extensions/Covering


1. No roof extensions (carport or overhang) for a car, boat, equipment
or any other purpose will be permitted.

SS. Screen and Storm Doors


1. Door frames shall be white or bronze (dark brown) to closely blend
with the trim color around the front door. A color sample of the trim shall
be submitted with the Alteration Application.

2. Screening shall be charcoal in color.

3. No decorative grilles or bars will be permitted on screen or storm


doors, except for one (1) horizontal bar that divides the door in half or
two-thirds/one-third.

4. Screens shall be maintained in good condition at all times. Any torn or


ripped screens shall be replaced immediately.

5. All storm doors shall be full glass or full glass/screen self-stored.

6. Security doors (metal grilles or bars) are prohibited.

APPROVED STORM DOORS

Publish date 5/31/2013 63


TT. Screened Enclosures
1. Document Reference – Declaration Article 12, Section 12.14.

2. Screen enclosures may have shingled or screened roof structures. If


shingled, they shall match the existing shingles on the house and shall
maintain the rear setback as required by County code. The pitch of the
roof shall meet current code requirements.

3. If the roof is screened it shall be charcoal in color.

4. The roof may also be the “Elite” or equal type aluminum roofing.

5. Framing shall match the fascia color (white or bronze) anodized or


electrostatically painted aluminum.

6. Screening shall be charcoal and of standard mesh size (18/14 or


larger). No privacy , opaque or decorative screening is permitted.

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.

8. All support cables, screws and fasteners shall be of a non-corrosive


material such as stainless steel.

9. Structural gutters may be installed but where necessary, shall be


adjusted to tie into existing home gutters. Storm water runoff shall be
directed in a manner that will not negatively affect neighboring property
or common property.

10. Aluminum kick plates not to exceed 16” inches in height will be
permitted on screen enclosures.

Publish date 5/31/2013 64


11. Sun room walls shall be constructed of concrete block with stucco
finish on the exterior may be constructed at a height not to exceed thirty-
six inches (36”) and shall conform to all applicable building codes.

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.

15. Exterior of the enclosure shall be landscaped if not located within a


fenced area.

16. Irrigation systems may require modification to ensure 100% coverage


of the property. This should be a part of the Alteration Application.

UU. Screening of Mechanical Equipment


1. Acceptable screening shall be of material and color compatible with
the design of the residence and may include landscaping, concrete block
walls (stuccoed and painted to match body of house) or tan PVC lattice or
fencing.

2. All screening shall be located a minimum of two feet (2’) from the
equipment to allow for adequate air circulation around the equipment.

3. No screening shall be at least five feet (5’) in from the adjacent


property line.

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.

5. If plantings are used for screening, “adequate screening” shall be


plantings which at the time of installation screens a minimum of eighty
percent (80%) of the equipment and completely screens it within one
year from the date of approval.

VV. Septic Tanks


1. Septic tanks are not permitted.

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;

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b) Five (5) feet from the side 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.

d) Corner Lots bordered by a street in front and a street on one


side, shall have a minimum set back of twenty (20) feet from the
line abutting the side street.

XX. Shutters
1. Decorative:

a) Décor shutters shall be louvered colonial, board and batten or


panel over panel design, approximately twelve (12) inches in
width for most standard windows and approximately twenty
inches (20”) in width for larger sized windows.

b) Colors shall match trim color or front door color of the house.

c) Shutters shall remain open and tightly secured in this position


at all times.

2. Hurricane/Storm:
a) Document reference – Declaration Article 12, Section 12.19.

b) Permanently installed shutters may be accordion or roll-up


style and shall be approved by the ARC.

c) Temporary shutters include Lexan panels or similar, aluminum


panels and fabric panels or plywood.

d) Shutters may be closed or installed 72 hours prior to the


expected arrival of a tropical storm or hurricane in the area and
shall be removed no later than three days after the warning is
lifted. Should the panels not be removed, the Association is
granted an easement to the property to remove the panels and
the cost of labor shall be charged to the Owner. The Association is
not responsible for any damages caused by the removal or for the
costs of storage of the panels.

e) In the event of an actual storm event causing substantial


damage to the house, homeowner may request in writing, for an
extension to this time period if the repairs and restoration of the
house require that the panels remain attached for a longer period
of time.

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f) Shutters may not be closed or installed at any time other than
a storm event as described above.

g) Under no circumstances may storm shutters or protective


panels be used as a routine security measure.

YY. Sidewalks and Stepping Stones


1. The maintenance of sidewalks including those portions installed
between the home and street are the responsibility of each Owner.

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.

3. Sidewalks shall not interfere with approved drainage of the owners’


lot or adjacent lots.

4. Stepping stones are permitted.

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.

a) Sign shall be professional manufactured and maintained in


clean and presentable condition at all times.

b) Sign shall be mounted on a sign post not to exceed 5 feet in


height.

c) Sign shall contain the name, address and phone number of 1


real estate agent or the owner.

d) Sign shall have no more than one (1) rider sign attached to it.

e) Sign shall be removed at the posting of tropical storm force


winds or higher.

f) Sign shall be removed within five (5) days of closing.

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4. "Protected by alarm" signs are authorized in landscaping near the
front and rear door. Signs shall not exceed 6 inches by 8 inches.

5. No other signs are permitted, including contractor signs for swimming


pools, patio or room additions and the like. A “permit board” displaying a
building permit from the applicable governmental agency is allowed if
that agency requires it to be posted conspicuously.

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.

AAA. Skylights and Solar Panels


1. Skylights shall be integrated as part of the roof design and require
prior written approval from the ACC before installation.

2. It is preferred that solar panels be installed on the back half of the


roof within an orientation to the south or within 45 ° east or west of due
south provided that such determination does not impair the effective
operation of the solar collectors.

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.)

4. No yard mounted solar collectors are allowed.

BBB. Swimming Pools and Spas


1. Any swimming pool to be constructed upon any home site shall be
subject to review by the ARC. The design shall incorporate at a minimum,
the following:
a) The composition of the material shall be thoroughly tested and
accepted by the industry for such construction.

b) Pool filter equipment shall be placed out of view of


neighboring properties and the noise level to neighboring
properties shall be considered in locating equipment. The need to
screen equipment may be necessary. All screening shall have the
prior written approval of the ARC.

c) Pool heating equipment shall comply with all applicable


building, zoning and fire codes.

2. Pools shall be of the in-ground type. Above ground pools are


prohibited.

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3. Swimming pools shall not be permitted on the street side of the
residence and if on a corner Lot shall be screened from the street.

4. Spas or Jacuzzis shall be of the in-ground type with the exception of


above ground types not exceeding three feet (3’) in height above the
existing grade level. They shall be located in the rear yard and screened
from street view and the view of any neighboring property.

5. Screening of the pool is required either by fencing the property or by


a screen enclosure that totally encloses the pool.

6. Irrigation system shall be re-installed to insure 100% coverage of


sodded and landscaped areas of the property.

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.

9. Under no circumstances may chlorinated water be discharged onto


other homeowners’ lawns, community streets, or into retention ponds or
any other common areas.

CCC. Water Softeners


1. Installation usually requires a permit. Please check with the County
Building Department.

2. Discharge from water softeners shall be routed to an open air sanitary


waste line or it may dump into a laundry tub or sewer line with a “P” trap.
It shall not drain to the outside open areas.

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.

DDD. Windows - Replacement, Tinting and Treatments


1. Document Reference – Declaration Article 12, Section 12.14.

2. Originally installed windows may be replaced with windows of similar


style. Replacement window frames shall match existing window frames.

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3. Owners may request to install energy conservation films on windows.
Window tinting film applied to the interior of the windows shall be gray in
color with no more than 21% solar reflectances and no less than 30%
light transmittance.

4. The degree of darkness allowed for non-reflective tinting shall remain


with the ACC on a case by case basis. All tinting requests shall be
accompanied by a brochure or manufacturer’s description. All requests
shall include a sample of the material to be used. This sample will remain
with the application and will not be returned.

5. No silver, gold or bronze reflective colors are allowed. No reflective


tinting or mirror finishes (to include aluminum foil) will be permitted.

6. Window treatments shall consist of drapery, blinds, decorative panels


or other tasteful window covering. Any window treatments facing the
front street of the house shall be white, off-white or other neutral color
(i.e. interior shutters in a wood tone).

7. Sheets or other temporary window covering may be used for periods


not exceeding 1 week after an Owner or tenant first moves into a House
or when permanent window treatments are being cleaned or repaired,
but in no case may they be in place for longer than one (1) week.

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Policies

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
ARCHITECTURAL CONTROL COMMITTEE APPLICATION FEES

WHEREAS Article 19 Section 19.8.1 of the Community Declaration for Valterra


has provided that the Architectural Control Committee has the right to establish fees for
modification applications to the exterior of homes and lots,

NOW, THEREFORE, LET IT BE RESOLVED THAT a fee of $50 for


modifications up to $500 in value, $100 for modifications up to $1,000 in value and $250
for modifications in excess of $1,000 will be charged to each applicant requesting a
modification to the exterior of the applicants’ house or lot. The application fee is in
addition to monetary fines that may be levied.

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
ASSESSMENT COLLECTION POLICY

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.

3. Late Charges Imposed on Delinquent Assessments or Installments. Any


Assessment not paid by the tenth (10th) day of the month in which it was due is
subject to a late charge. The Association shall impose a S25.00 late charge (or
greater amount as established by the Board) on the outstanding or past due
balance. The late charge shall be the personal obligation of the Owner(s) of the Lot
for which such assessment or installment is unpaid. Late charges are charged on
assessment installments and not on any other costs. All late charges shall be due
and payable immediately, without notice.

4. Interest Imposed on Delinquent Assessments or Installments. Any


Assessment not paid by the tenth (10th) day of the month in which it was due is
subject to an interest charge. The Association shall impose interest at the highest
rate allowable by law on any outstanding or past due balance. The interest shall be
the personal obligation of the Owner(s) of the Lot for which such assessment or
installment is unpaid.

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.

Publish date 5/31/2013 73


b. Such return check charge along with the value of the dishonored check or
other instruments shall be payable immediately, upon demand.
c. Notwithstanding this provision, the Association shall be entitled to all
additional remedies as may be provided by applicable law.
d. If two (2) or more checks or other instruments are returned unpaid by the
bank within any fiscal year, the Association may require that all of the
Owner’s payments for a period of one (1) year, be made by certified check or
money order.
e. If after this one (1) year period, any checks or other instruments are
returned unpaid by the bank, the Association may require that all of the
Owner’s future payments be made by certified check or money order.

7. Attorney Fees on Delinquent Accounts. As an additional expense permitted


under the Documents, the Association shall be entitled to recover its reasonable
attorney’s fees and collection costs incurred in the collection of any assessments or
other charges due the Association from a delinquent owner. The reasonable
attorney’s fees and other collection costs incurred by the Association shall be due
and payable immediately when incurred, upon demand. These charges may be
considered a Specific Assessment.

8. Application of Payments Made to the Association. Payments received from an


owner will be credited in accordance with Florida law.

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.

10. Acceleration of Assessments. Payments not made in a timely manner may be


accelerated by the Board of Directors making the entire balance of the next twelve
(12) months assessments due and payable.

11. Collection Letters.


a. After any Assessment or other charge due the Association becomes ten (10)
days past due, the Association may cause, but shall not be required to send,
a “late notice” to the owner who is delinquent in payment.
b. If payment becomes thirty (30) days past due, the Association shall send a
notice allowing the owner forty-five (45) days to make payment of all
amounts due, including interest, late charges, attorney fees and any other
costs associated with the preparation of the notice. The notice shall be sent
by registered or certified mail, return receipt requested, and by first class
mail to the owner at their last address as reflected on the Association’s
roster, if the address is a United States address. If the address on the roster
is different than the parcel address, then the notice shall also be sent to the
parcel address. If the address on the roster is not a United States address,

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then the notice will be sent to the out of country address and the parcel
address by U.S. mail. Homeowners will be charged $10.00 for each Certified
letter.

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.

14. Referral of Delinquent Accounts to Collection Agencies. The Association may,


but shall not be required to refer delinquent accounts to one or more collection
agencies for collection. Upon referral to a collection agency, the agency shall take all
appropriate action to collect the accounts referred.

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.

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19. Florida Fair Debt Reporting Act. Letters from the management company will
contain debt collector language as required by law.

Document reference – Declaration, Article 17.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
COVENANTS’ ENFORCEMENT GUIDELINES

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.

2. Member in Good Standing Status – An Owner who is not in violation of their


contractual obligation with the Association either because of unpaid assessments or
unresolved or repetitive violations. Please see Member in Good Standing Policy.

3. Notice – any letter deposited in an official depository or collected by an authorized


representative of the U.S. Postal Service which is addressed to the homeowner at
the last known address provided to the Association and contains proper postage.

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

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which will automatically be subject to fines any time they are observed
within the Community.

2. Homeowner complies within the noted period. Community Manager monitors on next
inspection and marks violation resolved.

OR

3. Homeowner doesn’t comply within noted period:


a) For a lawn maintenance issue, a lawn service provider is sent in to remedy
situation. Homeowner is charged actual cost of service plus $25 administrative
fee each time the lawn service performs any services. Lawn service continues
performing services until homeowner notifies Community Manager in writing that
they are prepared to maintain to Community Standards.

b) If there is no Covenants Enforcement Committee, all violations not remedied


within the noted period may be turned over to the Association’s attorney to
pursue compliance. Your Association’s Documents provide that all costs
associated with this process including legal fees may be charged to your account.

c) If the Covenants Enforcement Committee is in place, a second letter is sent


(Certified, Return Receipt Requested). This letter notifies the homeowner that
the violation has not been corrected as previously requested, details the
proposed sanction, and informs the homeowner that they may make a written
request for a hearing within fourteen (14) days from receipt of the letter
and a statement that if they do not do so, the proposed sanctions will be
imposed. Failure to claim the certified letter or attend the meeting does not stop
the process. Homeowners are charged $10.00 for each certified letter.

d) If no hearing is requested, the proposed sanctions shall be imposed.

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.

g) If not paid in 30 days, Community Manager turns over to the Association’s


attorney who sends a final demand letter. The Owner shall be responsible for
any and all reasonable attorney’s fees incurred in forwarding demand letter(s) to
Owner. The prevailing party shall be entitled to its reasonable attorney’s fees
resulting from the litigation of the matter.

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h) A fine may be levied on the basis of each day of a continuing violation, except
that no such fine shall exceed $1,000. Once accumulated fines reach $1,000 the
Association may collect them by filing a lien on the house. This process is
outlined in the Assessment Collections Policy.

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.

Document Reference – Declaration Article 20.

COVENANTS’ ENFORCEMENT COMMITTEE MEETING GUIDELINES

The purpose of the Covenant’s Committee is to gain compliance of the Member/Tenant


with the Community Declaration and the Rules and Regulations of the Valterra
Homeowners Association and to make recommendations to the Board of Directors based
on the Guidelines for Covenants’ Enforcement.

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

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meeting and provide a copy of the committee’s decision to the Community Manager
within 72 hours of any meeting of the committee.

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.

The Committee’s decisions are final.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
EMAIL POLICY

1. Board Members may receive meeting notices and support documentation,


minutes, relevant correspondence and other information relating to the daily
operations of the Association by email.

2. Board Members may execute written consents in lieu of meeting by email.

3. Committee Members may receive meeting notices and support documentation,


relevant correspondence and minutes by email.

4. Announcements, notices of meetings, Association Documents, Community


Guidelines, forms, and the like may be distributed to Members (tenants if
applicable) via email to those who consent to such receipt by providing their
email address.

5. The Board of Directors may choose to conduct online surveys or voting.

6. The following items will not be sent nor accepted by email:


i) Assessment Certifications
ii) Requests to Access Records
iii) Estoppel Letters unless authorized by the recipient
iv) Notices of Violations of the Rules
v) Notices of Delinquent Assessments
vi) Any notices requiring executed mailing affidavits
vii) Any notices, mailings, etc. not permitted to be electronically transmitted by
the Association’s Documents or Florida Statutes.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
EXTERIOR MAINTENANCE OF STRUCTURES AND GROUNDS

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

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the homeowner and a lien immediately placed against the property if not paid within
ten (10) days of receipt of invoice for the charges.

Document Reference Declaration of Restrictions and Covenants, Article 11.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.

FIRES, FIREARMS, FIREWORKS, ETC.

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.

2. Open burning is not permitted under any circumstances.

3. Firearms may not be discharged or threatened to be discharged within the


community unless by a law enforcement officer.

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.

5. Hunting and fishing on community property is prohibited.

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
GARAGE SALE POLICY.

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
INSPECTION & COPYING OF ASSOCIATION RECORDS

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.

2. PERSONS ENTITLED TO INSPECT OR COPY

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).

3. WRITTEN REQUEST REQUIRED

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a. Inspection or copying shall be limited to those records specifically requested in
advance, in writing by regular, priority or certified mail (no email). A Member who
wants to inspect or copy the Association’s records shall submit a written request to
the Association’s office or complete and submit the attached Request for Access to
Association Books and Records form. The request shall specify the particular record
desired, including pertinent dates or time periods, and shall state whether the
request is for inspection or copying. The request shall be sufficiently detailed to
allow the Association to retrieve the particular record(s) requested.
b. The Association shall make records available for inspection on or before the tenth
(10th) working day after the Association actually receives the written inspection
request. This time frame may be extended upon the Member’s written request, or if
the records requested are so voluminous or otherwise in such condition as to render
this time frame unreasonable. The Association shall notify the Member (by
telephone, in person, or in writing) that the records are available, and specify the
time, date, and place for the inspection.

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

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have a photocopy machine available where the records are kept, or if the records
requested to be copied exceed 25 pages in length, the Association may have copies
made by an outside vendor or Association management company personnel and may
charge the actual cost of copying, including any reasonable costs involving personnel
fees and charges at an hourly rate for vendor or employee time to cover
administrative costs to the vendor or Association. A duplexed copy is considered two
copies. Two separate documents will not be copied on a single page simply to
minimize the per page copy cost. Copy costs are payable in cash or by personal
check, at the time the copies are delivered. However, the secretary or manager may
require advance payment in his or her discretion, taking into account such factors as
the amount of the copying charge, the Member’s payment record, and other relevant
factors. Outside copier machines may not be brought in.
d. Copies shall be available at the Association’s office within five working days of
receipt of the request. If the Member has prepaid and the copies are not available
within five days, payment shall be returned and copies shall be free. In rare cases,
the request for copies may be of voluminous nature or condition of the records may
make this time frame impractical. In such cases, the Member shall be so informed
and the copies will be made available as soon as is practical.
e. A Member shall pay $50 per man hour for any time spent by the Community
Association Manager providing copies of requested records if the Association does
not have a photocopy machine available where the records are kept, or if the
records requested to be copied exceed 25 pages in length. The Association may be
charged $50 per man hour for any time spent by the Community Association
Manager retrieving records from storage, supervising a records inspection or other
costs related to this function. Depending on the Association’s Documents, these
costs may be passed on to the Member.
d. Copies shall be available at the Association’s office within five working days of
receipt of the request. If the Member has prepaid and the copies are not available
within five days, payment shall be returned and copies shall be free. In rare cases,
the request for copies may be of voluminous nature or condition of the records may
make this time frame impractical. In such cases, the Member shall be so informed
and the copies will be made available as soon as is practical.

6. MANNER OF INSPECTION OR COPYING

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;

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 The name of the requesting party;
 A list of the requested records;
 The date the Association notified the Member that the records were
available;
 The date the records were made available;
 The date of actual inspection or copying; and
 The signature of the Member acknowledging receipt of, or access to, the
records. Every person inspecting or receiving copies of records shall sign said
log or a comparable receipt prior to inspection or receipt of copies.

7. ENFORCEMENT OF INSPECTION & COPYING RULES

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.

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REQUEST FOR ACCESS TO ASSOCIATION BOOKS & RECORDS
Member name: _______________________________________ Date: _____________

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:
____________________________________________________________________

___________________________________________________________________

3. I acknowledge and accept the Association’s records access and inspection


procedures. I acknowledge and accept that the books and records of the Association
will be made available to me only at such time and place as the Association’s policy
provides, and that there may be a cost associated with making these documents
available to me. I agree to pay any costs associated with reviewing the books and
records of the Association, including but not limited to the actual and reasonable
costs of labor and photocopying material. I further acknowledge that these costs
may be required of me prior to reviewing the books and records.

Member signature _____________________________________ Date ______________

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
LAWN and LANDSCAPE MAINTENANCE STANDARDS

The following maintenance standards apply to lawns and landscaping maintained by


Owners and residents of Valterra.

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.

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Trees. Originally installed trees shall not be removed unless the present a hazard to the
home or other persons within the community. Originally installed trees that die shall be
replaced with a similar tree of similar size in diameter and height.

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.

Dead or diseased trees should be removed or trimmed as soon as discovered, after


taking appropriate measures to protect against the spread of disease and will be
replaced as necessary to maintain the original appearance of the lot or to conform with
County minimum requirements. If the tree will not be replaced in its original location,
the stump shall be ground below the sod line, the hole filled level and sod installed.

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.

Document Reference Declaration of Restrictions and Covenants, Article 11

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
Lease Policy

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.

Document Reference – Declaration Article 12, Section 12.24.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
MEMBER CODE OF CONDUCT IN GENERAL

1. Improper conduct, obscenities, verbal or physical threats by Members (and


tenant if applicable) will not be tolerated anywhere on Community Property.
Actions of any person of any nature, which may be dangerous, create a health or
safety problem, create a hostile environment, or disturb others, are not
permitted. This includes noise, intoxication, quarreling, threatening, fighting,
offensive or abusive language or behavior. Members (and tenant if applicable)
are responsible for the behavior of their family, guests and invitees.

2. Loud noises or noxious odors from motor vehicles (including automobiles,


motorcycles and off–road vehicles) or large power tools will not be permitted.
Items that may unreasonably interfere with the television, radio reception or
bandwidth of any Owner may not be located, used or placed on any portion of
the Community. The Board shall have the right to determine if such conditions
constitute a nuisance. This provision shall also apply to all contractors operating
within the neighborhood. Any noise which unreasonably interferes with the
peaceful occupation of a resident’s premises is prohibited.

3. Members (and tenant if applicable) are expected to conduct themselves properly


with due consideration for each other and Members of the Association. Members
(and tenant if applicable) shall not engage in any behavior that would create
liability, higher insurance costs, negative publicity or the like for the Association.
The Board of Directors has the power to discipline any person for conduct, which
in its opinion tends to endanger the welfare, interest or character of the
Association, its Members, residents, tenants, officers and directors, agents,
vendors and contractors, and guests and invitees.
4. Members (and tenant if applicable) shall at all times behave with common
courtesy and civility, and refrain from the use of abusive, rude, threatening, or
crude language. There shall be no attempt to intimidate, harass, threaten or
attempt through any means to control or install fear in another Members,
residents, tenants, officers and directors, agents, vendors and contractors, and
guests and invitees.

5. Language will be professional and differences of opinion shall be expressed in a


clear and business-like fashion. Personal attacks, slurs, obscenities or the like
against Members, residents, tenants, officers and directors, agents, vendors and
contractors, and guests and invitees are prohibited and are not consistent with
the best interest of the Association.

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

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other persons using the Community Property. If the person(s) causing or
participating in inappropriate behavior refuse to cease their activities and/or
leave the premises promptly when directed, they will be advised that the failure
to do so immediately will accelerate the seriousness of the violation of this rule
and fines may be assessed accordingly. At the discretion of Management
dealing with the situation, they may seek assistance of the local law
enforcement agency to maintain order.

For the purpose of the above, “Management” shall be defined as a representative of


the Management Company or a Member of the Association’s Board of Directors

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
MEMBERS IN GOOD STANDING

1. 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.

2. A Member in “good standing” shall be defined as a Member who has no


unresolved violations of the Community Standards or the CCR’s.

3. A Member in good standing shall be further defined as a Member who has


not received a third warning or higher on any violation within the last twelve
(12) months or a cumulative number of citations greater than four (4) of any
level.

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
MEMBER PARTICIPATION AT ASSOCIATION MEETINGS

Valterra Community conducts an annual meeting of the Membership, Board of Directors


Meetings and special meetings as necessary. Every Member of the Valterra
Homeowners Association shall have the right to speak at meetings to the extent
required and permissible under Florida Statute Section 720.303 (2). Members are
invited to attend all meetings. It is essential for the efficient transaction of Association
business being conducted at these meetings that all Members conduct themselves in an
appropriate manner that serves the best interests of the whole Association. Members
are expected to adhere to the following Code of Conduct at all meetings. When fewer
than ten Members are in attendance, some codes may be relaxed. The Association shall
have the authority to enforce this Code of Conduct using any means available under the
governing documents or state law.

 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.

 All remarks should be addressed to the Board, not the audience.

 During General Membership Meetings, comments shall be confined to the agenda


item being discussed.

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 Members may not speak for a second time until everyone who wants to speak
has been given a chance to speak once.

 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.

Publish date 5/31/2013 98


VALTERRA HOMEOWNERS ASSOCIATION, INC.
MEMBER RECORDING OF ASSOCIATION MEETINGS

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.

 Anyone videotaping or recording a meeting shall not be permitted to


move about the meeting room in order to facilitate the recording.

 No tape recording or videotaping of any meeting shall interfere with or


obstruct the meeting, and none of the equipment used for taping shall
interfere with or obstruct any Member’s or director’s view of the meeting
or ability to hear the meeting.

 Advance notice shall be given to the board of directors by advising the


community association manager for, or the Secretary of, the Association
in writing of a Member’s intent to utilize any audio or video equipment.
Said notice shall be received no later than one (1) business day prior to
the date of the meeting.

 Video or audio recordings of meetings of the board or of the Members


cannot be released or distributed outside of the Association without the
written consent of the board and any Member who appears in or was
present at the meeting.

 There shall be no audio or video taping of meetings by a third party (non-


Member) without a written request and written approval by the board of
directors.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
PETS RESOLUTION

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.

3. Animal noise cannot interfere with the quiet enjoyment of residents.

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.

7. Hillsborough County Ordinance 00-26 as amended by 03-08 states that


“Excluding public right-of-way on an owner's private property, no DOG or CAT
shall be allowed to stray, run or go, AT LARGE upon any public property or
street, sidewalk, park, or on the private property of another without the consent
of the property owner. … the dog or cat shall be under the direct control of the
owner or keeper…”

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. “

Hillsborough County Ordinances are enforced by Animal Control.

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Article 12, Section 12.2 of the Declaration of Restrictions and Covenants for Valterra
requires that any pet in violation of this section of the Declaration “be brought into
compliance within forty-eight (48) hours of notice by the Board, including but not
limited to, the removal of the pet from Valterra if the pet has attacked or
bitten a person or another person’s pet.”

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
PONDS AND WATER BODIES POLICY

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
PORTABLE STORAGE/MOVING CONTAINERS GUIDELINES

1. Portable storage/moving containers (commonly known as P.O.D.S.) or any


similar units designed for the temporary storage or transportation of a resident's
personal household goods shall be located in the resident's own driveway for no
more than 21 consecutive days.

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.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
VEHICLE PARKING AND MAINTENANCE RESOLUTION

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:

1. No vehicles displaying commercial advertising (lettering, graphics or other


commercial insignia) shall be parked within the public view with the exception of:
a. vehicles used by a company that is providing a service to the common
areas or a resident. These vehicles may only be parked within Valterra
for the time that the service is being provided; or
b. such lettering, graphics or insignia is/are completely covered with a
magnetic or other type covering of the same color as the vehicle.

2. Commercial vehicles used in business for the purpose of transporting goods,


equipment and the like shall only be allowed to be parked inside of the home’s
garage and may not be parked within the public view. The only exception is a
service provider while providing a service to the common areas or a Member’s
residence and these vehicles may not remain parked within Valterra overnight.

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.

4. The term commercial vehicle shall not be deemed to include recreational or


utility vehicles (i.e. Broncos, Blazers, Explorers, etc.) up to 21’5” in length or
clean “non- working” vehicles such as half ton to 1 ton pick-up trucks, vans, or
cars if they are used by the Owner on a daily basis for normal transportation and
does not have lettering, graphics or other commercial insignia on it.

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.

Parking and Street Usage:

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1. Residents’ automobiles shall be parked in the garage or driveway and shall not
block the sidewalk. In either case, the automobile’s height should not prevent
the automobile from entering the garage.

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.

4. No vehicles shall be stored on blocks, nor may inoperable vehicles or vehicles


with parts removed be stored or parked outside of a garage within Valterra.

5. No commercial vehicle, limousines, recreational vehicle, boat, trailer, including,


but not limited to, boat trailers, house trailers, and trailers of every other type,
kind or description, or camper, may be kept within Valterra except in the garage
of a home. Notwithstanding the foregoing, a boat and/or boat trailer may be
kept within the fenced yard of a home so long as the boat and/or boat trailer,
when located within the fenced yard, are fully screened from view by such fence
and cannot be seen above the fence line or through the fence sections.

6. No vehicles of any nature shall be parked on any portion of Valterra or a lot


except on the surfaced parking area thereof.

7. Street parking is prohibited on Hillsborough County streets. Streets within


Valterra have been dedicated to Hillsborough County. The Association will
cooperate with Hillsborough County in enforcing this ordinance. Street parking is
dangerous to everyone because it can block access for emergency vehicles and
hide pets and children at play from view of on-coming traffic thus creating the
possibility for serious accidents.

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:

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1. Except in the garage of a home, no maintenance or repair, except emergency
repair (locksmith, tire replacement, broken window replacement) shall be made
within Valterra nor shall vehicle repair equipment (mechanic lifts, transmission
pullers, etc.) be stored or operated in the public view.

Violations and Towing:

1. Any resident or guest in violation of the parking guidelines will be subject to


having their vehicle towed at their sole expense if the vehicle remains in violation
for a period of twenty-four (24) hours from the time a notice of violation is
placed on the vehicle or if the vehicle was cited for such violation within the
preceding fourteen (14) day period.

2. Towing company information will be posted as required. Additionally, the towing


company will notify the police department and management company that a
vehicle was towed.

3. Residents who report a parking violation to the manager should provide a


description of the vehicle that includes license plate, color and make of the
vehicle and the day and time that the violation occurred. A photo should also be
included if possible. The address of the vehicles owner is required.

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.

Document Reference – Declaration Article 12, Section 12.4.

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VALTERRA HOMEOWNERS ASSOCIATION, INC.
VOLUNTEER STANDARD OF CONDUCT AND RESPONSIBILITIES
Volunteer committee Members of Valterra Homeowners Association, Inc. (Association)
shall demonstrate by their example the highest standards of ethical conduct, to the end
that the general Membership of the Association may justifiably have trust and
confidence in the integrity of the Association. They shall serve as a Member of an
Association committee for the benefit of the Association, shall recognize that the
Association’s interest is their primary concern, and shall faithfully discharge the duties of
their position to the best of their abilities and regardless of personal considerations.

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.

2. Disclose confidential information gained by reason of his/her position or such


information for the personal gain or benefit on anyone.

3. Engage in any business transaction or activity or have a financial interest, direct


or indirect, which is incompatible with the proper discharge of his/her duties or
which may tend to impair his/her independence of judgment in the performance
of his/her committee duties.

4. Represent private interests in any action or proceeding against the interests of


the Association.

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.

Fair and Equal Treatment


1. No committee Member will use his/her committee position to secure or grant
special consideration, treatment, advantage, privilege or exemption to

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himself/herself or any person beyond that which is available to every other
Association Member.
2. No committee Member will use his/her position to make promises or threats to
Association Members.

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.

Sanctions for Violations

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1. Any committee Member who violates any of these standards or does not
maintain a Member in good standing status may be removed from the committee
by the Board of Directors.

Acceptance of Standard of Conduct and Responsibilities


1. Each committee Member will acknowledge receipt of a copy of this Resolution
and indicate understanding and agreement to abide by its provisions by signing
below.

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

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This page has been left blank to accommodate future revisions
to this manual.

Publish date 5/31/2013 110


Forms

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Publish date 5/31/2013 112
VALTERRA HOMEOWNERS ASSOCIATION, INC.
SWIMMING POOLS ALTERATION ADDENDUM

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.

I/we, _______________________________, understand the above and will work with


my Pool Contractor to comply.

_________________________________ _____________________________
Homeowner Homeowner

_________________________________ _____________________________
Date Date

__________________________________
Street Address

Publish date 5/31/2013 113


Publish date 5/31/2013 114
VALTERRA HOMEOWNERS ASSOCIATION, INC.
FENCE & LANDSCAPING ALTERATION APPLICATION ADDENDUM

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.

Prior to submitting the request for a fence or landscaping, it would be wise


for the Lot Owner to consider the soil conditions and drainage design for
his/her lot. In most cases the home site drains to swales at the midpoint
between each home. The installation of a fence or landscaping in this area
will reduce the ability of the swale to drain water from the lot and can
increase puddling and muddy soil conditions. It is wise to keep the fence off
the ground and use pressure treated lumber for the posts.

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.

I/we, ____________________________________, understand the above and will take


proper precautions when installing my fence or landscaping.

______________________________ ________________________________
Homeowner Homeowner

______________________________ ________________________________
Date Date

______________________________
Address

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Publish date 5/31/2013 116
Valterra
Community Association, Inc.

ALTERATION APPLICATION

OWNER’S NAME: ________________________________________ DATE: ______________

ADDRESS: ___________________________________ BLOCK: ________ LOT: _______

PHONE: __________________ EMAIL: _________________________________________

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.

OWNER’S INITIALS ____________

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ALTERATION APPLICATIONS shall be submitted for, but are not limited to, the following items:
1. Painting of structures, including homes.
2. Fence installations.
3. Swimming pools.
4. Spas.
5. Any gas or fuel tanks whether above ground or buried.
6. Screen enclosures.
7. Satellite dishes.
8. Landscaping changes (such as adding planter/shrub beds, or eliminating major portions of the
landscaping. This does not include the planting or removal of annual bedding plants.) It does
include curbing around planting beds and installing lawn statues, or other lawn ornamentation.
9. Removal and/or installation of trees. See the Hillsborough County Tree Protection and Restoration
Ordinance: http://www.Hillsboroughcountyfl.net/devser/sd/dr/ldc/l602.pdf).
10. Any change, alteration or addition to the exterior of the dwelling, or other existing structure, or the
addition of new structures or property.

PLEASE NOTE: WHEN IN DOUBT CALL PREMIER COMMUNITY CONSULTANTS AT 1-866-


722-4004 FOR CLARIFICATION BEFORE STARTING ANY PROJECT ON THE EXTERIOR. THE
ABOVE LIST IS JUST A SAMPLE AND NOT INTENDED TO INCLUDE EVERY POSSIBLE
SCENARIO OR SITUATION.

DATE: ____________ OWNER’S SIGNATURE: _____________________________________________

DATE: ____________ OWNER’S SIGNATURE: _____________________________________________

ACTION TAKEN BY THE ASSOCIATION: DATE: _____________

APPROVED: ________

APPROVED WITH CONDITIONS: ________ see attached conditions

NOT APPROVED: ________

______________________________________________
Authorized Signature for the Architectural Control Committee

Return Completed Application to:


Premier Community Consultants, Inc. - 18215 Branch Rd, Hudson FL 34667
Phone 1-866-722-4004 Fax (727) 868-8273 Email pamwashburn@pccmgmt.com

Publish date 5/31/2013 118


VALTERRA HOMEOWNERS ASSOCIATION, INC.
UNIFORM LEASE EXHIBIT

This ADDENDUM (the “Addendum”) to that certain Lease dated ____________,


20___ (the “Agreement”) by and between _________________ (“Lessor”) and
________________ (“Lessee”) is made and entered into by the Lessor and Lessee as of
this _____day of __________, 20___.

W I T N E S S E T H:

WHEREAS, the parties have heretofore executed the Lease; and

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.

2. Compliance with Community Documents. Lessee hereby acknowledges that the


leased premises are subject to restrictive covenants enforced by the Valterra Homeowners
Association, Inc. (the “Association”). Lessee hereby agrees to comply with and abide by all of
the provisions of the Declaration of Restrictions and Covenants (together with any and all
amendments thereto collectively referred to as the “Declaration”), the Bylaws of the Association
(the “Bylaws”), and the Rules and Regulations (collectively hereinafter referred to as the
“Community Documents”) of the Association pertaining to the use and occupancy of the leased
premises; provided, further, the Lessee acknowledges that the Community Documents are
applicable and enforceable against any person occupying a leased premises to the same extent
as against an Owner, and a covenant shall exist upon the part of each such tenant or occupant to
abide by the Rules and Regulations of the Association, the terms and provisions of the
Declaration and the Bylaws.

3. Association as Lessor’s Attorney-in-Fact. In order to facilitate the Association’s


duty to maintain a community of congenial residents and occupants of the Units and to protect
the value of the Units and further continuous harmonious development of the community, the
Lessor constitutes and appoints the Association as its true and lawful attorney-in-fact with the full
power of substitution to: (1) evict Lessee for any violation of the Community Documents;
provided, however, Lessee shall be entitled to cure any violation by the means provided in the
Community Documents; (2) to employ such attorneys, agents, or professionals as shall be
required for such purposes; (3) to collect, settle or compromise all outstanding payments due
from Lessee in connection with the leased premises; (4) to prosecute and defend all actions or
proceedings in connection with the leased premises and the eviction of the Lessee; and (5) to do
every act with Lessor might do in its own behalf to fulfill its obligations under the Community
Documents. Lessor and Lessee hereby agree and acknowledge that this power of attorney,
which shall be deemed a power coupled with an interest, cannot be revoked.

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,

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in addition to all other remedies, the Association shall be entitled to injunctive or other equitable
relief as a remedy for any such violation of the Community Documents. The Lessor agrees to
assign to the Association any and all of its rights which the Association may deem necessary to
obtain such injunctive relief upon written demand by the Association, and the Lessee hereby
agrees to consent to such assignment. Lessor hereby agrees that in the event that it shall
become necessary for the Association to cause the Lessee to be removed from the leased
premises by initiating an action for injunctive relief against the Lessor, the Lessor shall be
responsible for all costs, charges and expenses of the Association in connection with such action,
which shall be added to and become part of the assessment (as that term is defined in the
Declaration) against that Lessor’s Unit secured by a lien upon the property against which such
assessment is made in accordance with Article 16 of the Declaration.

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

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